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HomeMy WebLinkAbout79-05 Crouch Jr., Lee FPermit Class Permit Number 79-05 (By CRC Variance) STATE OF NORTH CAROLINA Department of Environment and Natural Resources and - RECEIVED Coastal Resources Commission DCM WILMINGT(1Ni NC ermtrt JUN 2 0 2005 for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 r' F Issued to Lee Crouch, Jr., P.O. Box 505, Wrightsville Beach,NC,28480 Authorizing development in New Hanover County at adj. to AIWW, 7801 Masonboro Sound Road.Wilmington , as requested in the permittee's application dated 9/291o3(mp_n. and 1/10/04('YIP- 4),including attached workplan drawings(3), 1 dated"received" 1/14/04, 1 dated"received" 10/16/03,and 1 dated"received" 11/4/03. This permit, issued on June 3,2005 , 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) 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 attached permit application and workplan drawing. 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 may be conducted on, in or over public trust waters without permit modification. 2) The docking facility 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, 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. (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 Q- personnel when the project is inspected for compliance. Any maintenance work or project modification not covered Charles S. Jones, Director hereunder requires further Division approval. Division of Coastal Management All work must cease when the permit expires on This permit and its conditions are hereby accepted. December 31,2008 J- In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal t Management Program. Signat a of Permittee Lee Crouch,Jr. Permit#79-05 Page 2 of 3 ADDITIONAL CONDITIONS 3) The authorized covered gazebo shall not be enclosed. Any material used on the sides shall not obstruct view and shall be permeable to air and water. Screen or wire on the sides along with benches and knee walls are permitted. Lattice is specifically excluded from being used under this authorization. 4) The authorized covered gazebo shall be single story, and shall not be designed to allow for second story use. 5) 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. 6) The authorized structure and associated activity shall not cause an unacceptable interference with navigation. 7) 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. 8) 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. 9) This permit does 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) All portions of the fixed access pier located over coastal wetlands shall not exceed a width of 6 ft. and shall be elevated a minimum of 3 feet over the marsh substrate as measured from the bottom of the decking. 12) This permit authorizes a maximum of 4 docking spaces. 13) Due to the proximity of the AIWW, boats utilizing the docking facility may be subject to frequent wavewash from passing vessels. The issuance of this permit does not relieve the permittee from taking all proper steps to ensure the integrity of the structure and the safety of moored boats. The permittee shall not hold the State of North Carolina or the United States liable for any damage to the structure or moored boats. Lee Crouch Jr. Permit#79-05 Page 3 of 3 ADDITIONAL CONDITIONS General 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 vegetated wetlands or open water areas may be excavated or filled, even temporarily. 16) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with T15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation within the PNA shall be permitted. Dredging in any manner, including "kicking" with boat propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 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 N.C. Division of Water Quality has assigned the proposed project DWQ Project No. 04- 0135. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No. 197800056 (COE Action Id. No. 200400352), which was issued on 2/17/04. RECEIVED DCM WILMINGT0111 JUNK - : . _ . RECEIVED DCM WILMINGT ON,NC JUN 2 0 2005 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 June 6, 2005 Mr. Lee Crouch, Jr. P.O. Box 505 Wrightsville Beach,NC 28480 Dear Mr. Crouch: 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, ti k Douglas V. Huggett Major Permits and Consistency Manager Enclosure 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Lee Crouch, Jr. 2. LOCATION OF PROJECT SITE: Project site is located at 7801 Masonboro Sound Rd., adjacent to the Atlantic Intracoastal Waterway and Masonboro Sound, in New Hanover County. Photo Index - 2000: not available 1995: 22-251, P,Q,R,S-13 1989: 4 175 32, H,I,J,K-5 State Plane Coordinates - X: 2348595 Y: 153876 Rover file: 0-102816A 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 10/28/2003 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received - completed on 1/14/2004 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Wilmington/New Hanover County Land Classification From LUP - Conservation / Resource Protection (B) AEC(s) Involved: PT, EW, OR (C) Water Dependent:Yes (D) Intended Use: Private residential (E) Wastewater Treatment: Existing - Septic Planned - none (F) Type of Structures: Existing - Single family residence Planned - Private pier and gazebo, three (3) floating docks and four (4) boatlifts (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands - Shaded 252 sq.ft. (B) Non-Vegetated Wetlands - Open water 2,442 sq.ft. (C) Other - High ground disturbance 60 s .ft. (D) Total Area Disturbed: 2,754 sq.ft. (E) Primary Nursery Area: Yes (F) Water Classification: ORW Open: Yes 8. PROJECT SUMMARY: The applicant proposes to construct a private pier, gazebo, three (3) floating docks and four (4) boatlifts. Lee Crouch, Jr. Page Two 9. PROJECT DESCRIPTION: The project site is located at 7801 Masonboro Sound Road, adjacent to the Atlantic Intracoastal Waterway (AIWW) and Masonboro Sound, in Wilmington, New Hanover County. The subject property is approximately 7.9 acres and includes a single family residence and private entrance road. Elevation at the site ranges from 3', down at the waters edge, to 25' in the western most upland area. The property is bordered to the north by Mr. Glenn Higgins and Mr. Ken Kolling borders the property to the south. To the east lies the AIWW and Masonboro Sound. The site contains a mixture of upland vegetation including mature Loblolly and Long-leaf Pine, Red Maple, Magnolia, Oaks, Sweet Gum and Red Cedars. There is an access road that runs west to east and splits the property of the applicant and Mr. Kolling. Both property owners use the gravel access path to reach a small section of high ground that is adjacent to the AIWW. To the north of the access road (Mr. Crouch's property), there is approximately 3 acres of coastal marsh which is located on the eastern side of the high ground. The marsh vegetation along the waters edge is primarily Smooth Cordgrass (Spartina alterniflora) and Glasswort(Salicomia, spp.). The transitional marsh area sloping upward towards the high ground consists primarily of Black Needle Rush (Juncus roemarianus), Spike Grass (Distichlis spicata) and Sea Lavender (Limonium, spp.). Salt Meadow Grass (Spartina patens) completes the upper reaches of the coastal marsh along the high ground portion of the tract. The width of the AIWW in the area of the project site is approximately 932' from marsh edge to marsh edge. The Wilmington-New Hanover County Land Use Plan classifies the area as Conservation. The waters of the AIWW in the vicinity of the project site are classified as Outstanding Resource Waters (ORW) by the NC Division of Water Quality. The area is designated as a Primary Nursery Area by the NC Division of Marine Fisheries, and is OPEN to the taking of shellfish. 10. PROJECT PROPOSAL: The applicant proposes to construct a 6' x 328' private pier, a 14' x 16' "L" shaped gazebo, three (3) floating docks (6'x 32', 6' x 32', 6' x 30') and four (4) 14' x 14' boatlifts. The applicant is proposing to begin the pier at the far eastern end of the access road that runs from the high ground portion of the property to the AIWW. The pier will extend eastward and will cross a section of coastal marsh approximately 40' in width. The applicant has proposed the construction of a 14' x 16' "L" shaped gazebo at the terminal end of the pier. The "L" section would extend in a southerly direction. On the eastern side of the gazebo, the applicant is proposing to install three (3) floating docks, in the shape of a "horseshoe". Two of the floating docks (both 6' x 32') would run perpendicular (west to east) to the shoreline. The third floating dock (6' x 30') would join the other two floating docks on the western ends and would run parallel to the shoreline. Four (4) boatlifts would be located on both sides of the two 6' x 32' floating docks. The boatlifts (14' x 14') would also run perpendicular to the shoreline and would be accessed from the east. The terminal end of the most water ward floating dock would be approximately 120' from of the U.S. Army Corp of Engineers (USACOE) 80' setback for the AIWW. Although the pier, gazebo, floating docks and boatlifts would NOT extend beyond the 80' setback, they WOULD exceed 1/4 the width of the water body. The distance across the AIWW, from marsh edge to marsh edge, is approximately 932'. The applicant has proposed a 328' pier (267' from edge of marsh), a 14' wide gazebo, 16' long ramp and a 32' long floating dock, totaling approximately 325 linear feet from the waterward edge of the marsh on the property side of the AIWW. The applicants proposal has exceeded 1/4 the width of the water body by 92', and has exceeded 1/3 the width of the water body by 15'. Water depths at the terminal end of the docking system average -3.0' to -4.0' at Normal Low Water. r Lee Crouch, Jr. Page Three 11. ANTICIPATED IMPACTS The construction of the proposed private pier, gazebo, docking facility and boat lifts would shade approximately 252 square feet of coastal wetlands. The pier, gazebo, docking facility and boat lilts would also incorporate approximately 2,442 square feet of Estuarine Waters and Public Trust Areas. The high ground portion of the pier would disturb approximately 60 square feet of upland vegetation. The pier, gazebo, floating docks and boatlifts would exceed 1/4 the width of the AIWW, as measured from waterward side of the western most marsh bank to the western side of the eastern most marsh bank. Submitted by: J. Dail Date: 1/20/2004 Office: Wilmington r Recommendations for State Permit - Lee Crouch, Jr. With respect to the CAMA Major permit application for Lee Crouch, Jr., I make the following recommendations: The subject property has approximately 150 linear feet of shoreline along the AIWW, allowing the applicant approximately 600 square feet for finger piers, platforms and/or floating docks. The following calculations were used to determine the square footage of the piers, finger piers, platforms and floating docks: • pier - Not included in overall square footage. • gazebo - 14' x 16' = 224 sq. ft. • floating dock- 6' x 30' = 180 sq. ft. • floating dock- 6' x 32' = 192 sq. ft. • floating dock- 6' x 32' = not included due to location (extended in alignment with the pier and less than 6' in width). • total square footage as proposed = 596 sq. ft. • total square footage allowed - 600 sq. ft. 1. The permit should be conditioned to limit the location of the pier, gazebo, floating docks and boatlifts to within 1/4 the width of the water body. The applicant does not have a pier on either side of his property within 200' that would allow him to exceed 1/4 the width of the water body. 2. This permit authorizes only the piers, platforms, dock 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 facility without permit modification. No non-water dependent uses of structures may be conducted on, in, or over public trust waters without permit modification. 3. 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. 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 permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the project without having the permit transferred to a third-party. 6. The pier and associated structures shall have a minimum setback distance of 15' between any parts of the structure and the adjacent property owner's areas of riparian access. 7. The docking facility shall not accommodate more than four (4) mooring or docking of vessels. This restriction shall apply to all marine vessel types, including, but not limited to motor boats, sailing vessels and personal watercraft. Form DCM-MP-1 APPLICATIONP, (To be completed by all applicants) '/q N cO�ST���i l���0 b. City, town co uni y r 1' "r O I. APPLICANT c. Street address or secondary road number�Fj� a. Landowner: 11 — p�80/ asoro Sou. �a/ Name L eC_ CN C) C_/,,. _J r d. Is proposed work within city limits or planning jurisdiction? Yes No Address_ a I (,3ox use ct2C_�,14e ✓'. SOS e. Name of body of water nearest project (e.g. river, City Ll,c I �•' /�� A, L, State tJ, 0-, creek, sound, bay) Zip ' V,41 S9 a Day Phone 0,1 y Su - 4 V) Fax �,(c� �S< - �//2 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT b. Authorized Agent: ( Name M.y Il SO -C /��l— a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead,pier, and excavation and/or filling activities. Address f /6 Cy G..�a, City tJ 4_1_. State = a - I- D Zip�2 q�(Q 3 Day Phone (310 -`::P SW- G j.'� b. Is the proposed activity maintenance of an existing nn project, new work, or both? Fax 7/O 2 c. Will the project be for public,private or commercial use? , c. Project name (if any) d. Give a brief description of purpose, use, methods of construction and daily operations of proposed NOTE: perma will be issued in name of lmidawner(s), m,dio. project. If more space is needed, please attach additional pages. project name. ` r ' r S 2. LOCATION OF PROPOSED PROJECT a. County A P c.J Al ill e)y C Revised 03195 Form DCh1-'MT-1 1AN l`l escribe existin Wastewater treatment faciliti 4. LA IN AN-D pNISI VVATER �,' C_ es. CHARACTERISTICS a. Size of entire tract • �J C,c re n. Describe location and type of discharges to waters Of the state. (For example, surface runoff, sanitary b. Size of individual lot(s) wastewater, industrial/commercial effluent, "wash down" and residential discharges.) C. Approximate elevation of tit above MHW or J 4 NWL ra i oiJ _ d._.Soil types) and-texture(s) of tract _ _ o. Describe existing drinking water supply source. e. Vegetation on tract f. -Man-made Features now on tract _ - s G,�C-1 - 5. ADDITIONAL INFORMATION g. What is the CAi4i,A Land Use Plan land In classification of the site? (�,*,aerlomttm,duse�� addition to the completed application form, the - -Conservation Transitional following items must be submitted: - DeveIoped 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 ' the tract-zopedby-local government? claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written p.-emission i. is the proposed project consistent with the applicabie from the owner to carry out the proiect. zoning? Yes No (A=ri:zwzing cn»wGance orrrifi=e, ff®pzimb1<) E An a=rate, dated work plat (including plan view and =Oss-se_ ional drawings)drawn to scale in blacc- j. Has a professional archaeological assessment been ini on an 8 1^' by 11" white parer. (Refer to done for the tract? - Yes ✓ No Coastal Resources Commission Rule 7.1.0203 for a If yes, by whom? deraiied des_7 iption.) k. Is the project located in a National Registers ¢imse note *-.at original drawings are preferred and Historic District or dots it involve a National only high quality copies will be accepted. Biue-line Register listed or eligible property? prints or other larger plats are acceptable only if an Yes No adequate number of quality copies are provided by zpplizant. (Contact the U.S. Army Corns of 1. Are there wetlands on the site _Yes _ Nogg-'�'� regarding that agency's use of larger (marsh) / Other drawings.) A site or location map is a part of plat If yes, has a delineation been conduc,e;l? requiremems and it must be sufficiently detailed to (Aaa�doaawn=dm, if a iLabJ) guide agency personnel unfamiliar with the area to the R"ised 03/, Form DCM-NIP-1 OCT 16 2003 DIVISION OF site. Include highway or secondary road (SR) EN , numbers, landmarks, and the Iike. 6. CERTIFICAT'ION AND PERMISSION TO ENTER ON LAND • A Stormwater CertincRtion, if one is necessary. • A list of the names and complete addresses of the I understand that any Permit issued in response to this ' adjacent waterfront (riparian) landowners and application will allow only the development described in the application. The project will be subject to conditions and signed return receipts as proof that such owners J have received it-copy of the application and plats have 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 C°mPIies 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 a manner consistent with such program. Name k,P I certify that I am authorized to grant, and do in fact, Address 613014 /14"114cl e %( i< grant permission to representatives of state and federal - Phone all l0 r e. lJ"C _ ;� ; S review agencies to enter on the aforementioned lands in nn connection with evaluating information related to this Name o/, C.J /�/; c c;�n� s permit application and follow-up monitoring of the Address project. Phone I further certify_that the information_provided in this = Name - - - - application is truthful to the best of my knowledge. Address Phone j This is the day of S C7 3 A list of previous state or federal pe^mits issued for wort; on the project tract. Include permit numbers, Print Name A<e" 00 perMttee, and issuing dates. dJ�r„�y C7/ cf Signature ef A r c, Landq4wr or ed Arenr y A check for$:So made t:atable to the Deoa-tmeni of Please indicate attachments pertaining to your proposed tnvironmen:, Health, and Natural Resources project- (D HNR) to cover the cost of processing the _ DCM MP-2 Excavation and Fill Information application. _ DCM MF-3 Upland Development _ DCM MP-4 Structures Information A signed AEC hazard notize for projects in _ 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 ware provided at the bottom of each form. 10) If the project involves the expenditure of public funds or use of pubIic lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. Revised 43/19,5 5: Form IACMAMIP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major e. Mooring buoys 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 (Color, inscription, size, anchor, etc.) a. Dock(s) and/or Pier(s) (1) _Commercial _Community Private (2) Number / (3) Length (4) Width of water body (4) Width (5) Distance buoy(s) to be placed beyond (5) Finger Piers v Yes No shoreline (i) Number �2- (ii) Length 3 y' f :3,:.,' f. Mooring structureL(�bloat7lift��, coring pilings, etc.) (iii) Width 4 ' /(w+ ' (1) _ Comm Co unity ✓Private (6) Platform(s) �/ Yes No (2) Number (i) Number J (3) Length f �� / O Length is (4) Width !o (iii) Width (7) Number of slips proposed g. Other (Give complete description) (9) Proximity of structure to adjacent riparian property lines (9) Width of water body 3,�L (10) Water depth at waterward end of pier at MLW or NWL �/l b. Boathouse (including covered lifts) (1) .)L Commercial Private (2) Length 4 i^• ,ten l00"—�l F (3) Width /lJ/ffx Applicant or Project Name c. Groin (e.g. wood sh b eetpile, etc. Signature (1) Number (2) Length(s) Date d. Breakwater (e.g. wood, sheetpile, etc.) :: (1) Length (2) Average distance, from MHW, NWL or I wetlands , } (3) Maximum distance Pe and MHW, NWL or wetlands 01- T �.TRL MANAGEMEN Revised 03/95 o� �d o� ro J Il`�J AN 14 2004 DIVISION OF COASTAL-MANAGEMENT Z 7 - /,I)c iv 'K 30 , i--C) H n I I c b l l r`A'�I `. I I z` � .� Or oi rr i—)I Cjcli� CD '01 r 14lo Ya x i A A r. i� Fb .:.�+��� , • J 4' - r�( 1rT �hr+(.-,+'L LC4 1�f' q •1.�. f r ^�,•�,. d Y � �A��i a y�Yp a�a atif E -� fd �Rd '�' ✓. a �� Yn ... i,� ems. �' ✓ � � } r Legend tv MRight Of Navigation 80ft. 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'—__ _._ — _ — I I y , r I ` �`'4_�.41 . _ it rJ�aSC">D�v''�a'r•�� _ 'j s'l� t"`�f?� i/d$— }.�1 -- .i_.,_., -'--�'f ---7 e�.�._---._.. _. _. _._..__.i_.. __ � ._ _..__. .. _— ' 1__._ ..__.-___ . . r /J— J r r I _ , r f t ems_._-y •�--- • . _ - l� — • V �p9tir- r .. ._...._�_._.__..___..__........_._�.....—v_---__._�.....-...._•_..-.,..J.._._.r__.-_i_._.�.__--__��_.1....—._..—_—_...___•.___..._._..._ice—•+._._._. _ ......._.... ._.............._....a�.. .._.....-..._.,___--:._ter.._ ' , r , t i . r I , •i•..w. - _.._ __._r---!_'— - ' _..-�•.- ___i_ _T-'_T�--f-- T'_T-^.a.-�r^.r—�-_-r----+—"'-.,_T.�....._— __ i �__-.--r.'----_--.•i••_"--=—'_ _ -�T�' e 3 � Bock., 4o o�m- -Gor carn-<-�. ( . V iP AN 1 2004 DIVISION OF COAS A6_-,YANAGEMENT `'l c 9 b 10, 32 X Daub- -R"- d 5 l 1/1, 1[/2' . `f-o y A I w i(`1101, CD t,A->ugQr bey ► S O la K 30= t Tos-C • M I I q r,j4 ally LZ ;133 4w3D = Itplt, �yor. CASC -o- V 0o S r .. tsoscd 5.4,.xckl , 38or 1-3 � t ro' '01 iri v �.r OCT. 1.200+ 10:05AN INTRACOAST-HXACH OF -.357 pct, O�93� 1�:P`1 1 P2 FRAM ; Jimmy North - GMC I r _F PlUl i � EMD U.S. ARMY CORPS OF ENGINEERS FFB 2 t'2004 WILMINGTON DISTRICT ilv. co�m r� Action Id. D Od3S2 County �ew �6Woyer GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property owner '-Yr. Address (' , 6 o X. S 6 5 Telephone No. Size and Location of project(water body,road name/number, town, etc.) P I r U/ L� b ✓' t4 Gt `` L ia1 � F. (4+1eyw� CXV\ Mws6��Dra Lk VA , vv"ivlc`-t,., Description of Activity C 23' n r,. a�e ►e a i L( �( \`L Sh)a j �G_�7-tLo .` \v,ee AlJ (�"X3;�r je Applicable Law: Section 404(Clean Water Act, 33 U.S.C. 1344). (check all that apply) Section 10 (River and Harbor Act of 1899). Authorization: 6 P J 97F0dbS(, Regional General Permit Number. Nationwide Permit Number. Your work is authorized by this Regional General(RGP)or Nationwide Permit(NWP)provided it is accomplished in strict accordance with the attached conditions and your submitted plans. If your activity is subject to Section 404 (if Section 404 block above is checked), before beginning work you must also receive a Section 401 water quality certification from the N.C. Division of Environmental Management, telephone (919) 733-1786. For any activity within the twenty coastal counties,before beginning work you must contact the N.C. Division of Coastal Management, telephone (919) 733-2293. Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the conditions of the RGP or the NWP referenced above may subject the permittee to a stop work order,a restoration order,and/or appropriate legal action. This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to obtain any other required Federal,State,or local approvals/permits. The permittee may need to contact appropriate State and local agencies before beginning work. If there are any questions regarding this authorization or any of the conditions of the General Permit or Nationwide Permit, please contact the Corps Regulatory Official specified below. Date Z- 17— v q Corps Regulatory Official Telephone No. 610� Expiration Date of Verification .3/ -Dq SURVEY PLATS,FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC.,MUST BE ATTACHED TO THE YELLOW(FILE) COPY OF THIS FORM,IF REQUIRED OR AVAILABLE. CESAW Form 591 Revised July 1995 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD A) APPLICANT: Lee Crouch, Jr. County: New Hanover �_O� LOCATION OF PROJECT: 7801 Masonboro Sound Road, Wilmington DATE APPLICATION RECEIVED COMPLETE BY FIELD: January 14, 2004 FIELD RECOMMENDATION: Attached: YES To Be Forwarded:No CONSISTENCY DETERMINATION: Attached:No To Be Forwarded:Yes FIELD REPRESENTATIVE: Dail DISTRICT OFFICE: Wilmington DISTRICT MANAGER REVIEW: B) DATE APPLICATION RECEIVED IN RALEIGH: 0-tat O FEE REC'D:$ y00, 00 PUBLIC NOTICE REC'D: ✓ END OF NOTICE DATE: ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: APPLICATION ASSIGNED TO: ON: _ C) 75 DAY DEADLINE: 3 ,')Ijo� 150 DAY DEADLINE: 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 ©q ez Coastal Management-LUP ConsistencypZ p p ✓ Division of Community Assistance Land Quality Section 0 y Division of Water Quality O4 b l3 S Storm Water Management(DWQ) 1 15 C�3 State Property Office 5 Division of Archives&History l9 o Division of Environmental Health Division of Highways 'Z q l oy Wildlife Resources Commission a( I`ll.q Division. of Water Resources Division of Marine Fisheries 4 Submerged Lands(DMF) 07Y - Permit# 11 DCM Coordinator: HVSWI�wflr MAILING DISTRIBUTION: �$ �V Permitee: U ,� ;,l -e, &Jwn Jai Pn. I'�y' �� lfjr w3u r Agent: ) .MM IUDrPV! 63 q Ate-, W,,1P4 M1, N� � g qO� DCM Field Offices: Elijakth City orehead Ci Was in on ilmin t US Army Corps of Engineers(USACE): Washington: Mike Bell(NCDOT) Bill Biddlecome(NCDOT) Raleigh Bland Wilmington Dav Tim y(NCD enry Wick Others: Li ral Resources: Renee Gledhill-E onmental Health: Terry Pierce e Fisheries: Mike StreeOT: Ken Pace fish Sanitation: Patty Fowle /Property Office: Joseph HendersoA/r uali : C di Karoly(for non-DO John ennessy(NCDOT) Water Resources: John Sutherlan Wildlife Resources: Maria Tripp Bennett Wynne David Cox(NCDOT) Travis Wilson(NCDOT) LPO: FAXING DISTRIBUTION: Permitee at Agent at 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) CANfA Major Permit Process Manual Page 70 of 70 A* J 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 31, 2004 CERTIFIED MAIL RETURN RECEIPT REQUESTED Lee Crouch, Jr. PO Box 505 Wrightsville, NC 28480 Dear Mr. Crouch: This letter is in response to your January 10, 2004, application for a Major permit under the Coastal Area Management Act (CAMA) to construct a private pier, gazebo, three floating docks and four boatlifts on your property adjacent to the Atlantic Intracoastal Waterway (AIWW) and Masonboro Sound in New Hanover County. Processing of the application, which was received by the Division of Coastal Management's Wilmington office on January 14, 2004, is now complete. Based on the state's review, the Division of Coastal Management has made the following findings: 1) The proposed project will take place within waters designated by the Marine Fisheries Commission as primary nursery areas. According to CRC Rule NCAC T15A:07H.0208(a)(4), "Primary nursery areas are those areas in the estuarine and ocean system where initial post larval development of finfish and crustaceans takes place. They are usually located in the uppermost sections of a system where populations are uniformly early juvenile stages. They are officially designated and described by the N.C. Marine Fisheries Commission in 15A NCAC 313 .1405 and by the N.C. Wildlife Resources Commission in 15A NCAC 10C .0110." 2) As proposed, the docking structure will extend waterward 325 linear feet from the waterward edge of the marsh. The width of the channel, as measured from waterward side of the westernmost marsh bank to the western side of the eastern most marsh bank, is approximately 932 linear feet. 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\Internet: www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper Lee Crouch, Jr. March 31, 2004 Page 2 3) Based upon the findings outlined above, the proposed project has been determined to be inconsistent with the following Rules of the Coastal Resources Commission: NCAC T15A:07H.0208(b)(6)(J)(iii), which states "Pier length shall be limited by not extending more than one-fourth the width of a natural water body, or human-made canal or basin." 4) If the docking facility were modified to be consistent with the above referenced rule, the total overall length, from the edge of marsh to the waterward end of the authorized structure, could not exceed 233 feet. At this limited length, the three floating docks will rest on the shallow bottom during much of the tidal cycle. 5) Comments received from the federal and state review agencies were generally favorable. However, the N.C. Division of Marine Fisheries has indicated that the proposed project, if modified to be consistent with the aforementioned CRC rule, would result in significant adverse impacts to the local primary nursery area resources. 6) Based upon the findings outlined above, the proposed project, if modified to be consistent with the aforementioned information, has been determined to be inconsistent with the following Rules of the CRC: NCAC T15A:07H.0208(a)(2)(B), which states that before being granted a permit by the Coastal Resources Commission or local permitting authority, there shall be a finding that the applicant has "...selected a combination of sites and design that will have a minimum adverse impact upon the productivity and biological integrity of coastal marshland, shellfish beds, beds of submerged aquatic vegetation, spawning and nursery areas..." Given the preceding findings, it is necessary that your request for issuance of a CAMA Major Permit under the Coastal Area Management Act be denied. This denial is made pursuant to N.C.G.S. 113A-120(a)(8) which requires denial for projects inconsistent with the state guidelines for Areas of Environmental Concern. If you wish to appeal this denial, you are entitled to a hearing. The hearing will involve appearing before an Administrative Law Judge who listens to evidence and arguments of both parties and then makes a recommendation to the Coastal Resources Commission. Your request for a hearing must be in the form of a written petition, complying with the requirements of §150B of the General Statutes of North Carolina, and must be filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714, (919) 733-2698, within twenty (20) days from the date of this letter. A copy of this petition should be filed with this office. i ,i Lee Crouch,Jr. March 31, 2004 Page 3 Also, you should be advised that as long as this state permit denial stands, your project must be deemed inconsistent with the N.C. Coastal Management Program, thereby precluding the issuance of Federal permits for this project. The Federal Coastal Zone Management Act (CZMA) gives you the right to appeal this finding to'the U.S. Secretary of Commerce within thirty (30) days of receipt of this letter. Your appeal must be on the grounds that the proposed activity is: (1) consistent with the objectives or purposes of the CZMA; or (2) is necessary in the interest of national security, and thus, may be federally approved. If you have any questions concerning this matter, please contact Mr. Doug Huggett at(919)733-2293,extension 245. Sincerely, -5 .( Charles S. Jones CJ/kfc cc: Mr. Eldon Hout,Director- OCRM/NOAA, Silver Spring, MD Colonel Charles R. Alexander- U.S. Army Corps of Engineers,Wilmington, NC DCM-Morehead City DCM-Wilmington - ALTriz"AA NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Acting Director William G. Ross Jr., Secretary January 20, 2004 MEMORANDUM TO: Ms. Melba Laney for: Mr. William A. McNeil, Director Division of Community Assistance FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Lee Crouch, Jr. Project Location: 7801 Masonboro Sound Road, Wilmington, New Hanover County Proposed Project: To construct a private pier, gazebo, three floating docks, and four boatlifts. Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 13, 2004. If you have any questions regarding the proposed project, please contact Jason Dail at Ext. 247. 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 l- -7 Z S/ �2,"� 7-F-- 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 Iu� � I'�� A NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Acting Director William G. Ross Jr., Secretary January 20, 2004 �LI® MEMORANDUM chi` TO: Ann Hines, LPO o�All" New Hanover County FROM: Doug Huggett RED Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review .BAN 10 2004 aN.OFC0A„�Tc ALMWGEMEK Applicant: Lee Crouch, Jr. RA12GH Project Location: 7801 Masonboro Sound Road, Wilmington, New Hanover County Proposed Project: To construct a private pier, gazebo, three floating docks, and four boatlifts. Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 13, 2004. If you have any questions regarding the proposed project, please contact Jason Dail 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. 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 S, DATE / 7 a 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 02/24/2004 09: 58 2525229736 2 WYNNE PAGE 02 P NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F.Easley, Governor Charles S. Jones, Acting Director William G, Ross Jr.,Secretary January 22,2004 MEMORANDUM TO: Bennett Wynne Wildlife Resources Commission ATTN: Habitat Conservation program FROM: Doug Huggett Major permits processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: LEE CROUCH, JR. PROJECT LOCATION: 7801 MASONBORO SOUND ROAD, ADJACENT TO THE ATLANTIC INTRACOASTAL 'WATERWAY AND MASONBORO SOUND,NEW HANOVER COUNTY. PROPOSED PROJECT: CONSTRUCT A PRIVATE PIER, GAZEBO, THREE (3) FLOATING DOCKS,AND FOUR. (4) BOATLIFTS. Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 167 2004. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 245. 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. This agency objects to tlae project for reasons described in the attached comments. 'SIGNED 41.*V,44� DATE, b 1638 Mail Service Center, Raleigh, North Carolina 27699-163$ Phone: 919-733-2293\ FAX: 919-733-1495\ Internet; http,//dcm2.enr.state.nc.us An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post ConUmer Paper NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Acting Director William G. Ross Jr., Secretary January 20, 2004 MEMORANDUM RECEIVED TO: Dan Sams FEB 0 2 2004 for: Mr. James Simons, Director Division of Land Quality ,IV•OFCpAVALM%G AALNQH EE�1EN FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Lee Crouch, Jr. Project Location: 7801 Masonboro Sound Road, Wilmington, New Hanover County Proposed Project: To construct a private pier, gazebo, three floating docks, and four boatlifts. Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 13, 2004. If you have any questions regarding the proposed project, please contact Jason Dail at Ext. 247. 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. Tbis agency approves of thle nrojPr` oviuy if the recommended changes are incorporated. .n r r• �., _ y g See attached. Erosion and Sediment Control Plan application and approval is required for this project. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 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%a Post Consumer Paper F F g 1 9 2004 ---�- JAN 30 2004 � �a9 N. NCDENR �Id•0�CO� d;4� North Carolina Department of Environment and Natural Resol�[CI�IC MVATM MF Division of Coastal Management Michael F.Easley,Governor Charles S. Jones,Acting Director William G.Ross Jr.,Secretary January 22,2004 0263 MEMORANDUM NLm TO: Ms. Renee Gledhill-Early, Director Division of Cultural Resources Archives & History Building FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: LEE CROUCH, JR. PROJECT LOCATION: 7801 MASONBORO SOUND ROAD, ADJACENT TO THE ATLANTIC INTRACOASTAL WATERWAY AND MASONBORO SOUND, NEW HANOVER COUNTY. PROPOSED PROJECT: CONSTRUCT A PRIVATE PIER, GAZEBO, THREE (3) FLOATING DOCKS AND FOUR (4) BOATLIFTS. Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 16, 2004. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 245. 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. This agency objects to the project for reasons described in the attached comments. SIGNED X— DATE O 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer—50%Recycled 110%Post Consumer Paper F F B 0 2 2aQ4 ---------- a DECEIVED A7- 4 cq� 112004 NCDENR AV OFCOASTALM"Gr North Carolina Department of Environment and Natural Resources RALEGH Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Acting Director William G. Ross Jr., Secretary January 20, 2004 I rj r MEMORANDUM may ` TO: Ann Hines, LPO In Z,�6 New Hanover County FROM: Doug Huggett ' Major Permits Processing Coordinator C I I SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Lee Crouch, Jr. Ili Project Location: 7801 Masonboro Sound Road, Wilmington, New Hanover County Proposed Project: To construct a private pier, gazebo, three floating docks, and four boatlifts. Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 13, 2004. If you have any questions regarding the proposed project, please contact Jason Dail 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. 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 commen S. nn ,, SIGNED S� Frg E 2r 't -�— `z DU DATE p OF EMENT 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 Panar RECEIVLTD A74LA.. FFR 0 5 2004 NCDENR A.OFCpA" MANAG&J North Carolina Department of Environment and Natural Resources �tl�laH Eli Division of Coastal Management Michael F.Easley,Governor Charles S. Jones,Acting Director William G.Ross Jr.,Secretary January 22,2004 MEMORANDUM V TO: Mr. Joseph H. Henderson, Director State Property Office JAN 3 0 2004 . r Department of Administration DOA STATE PROPERTY OFF i FROM: Doug Huggett C Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: LEE CROUCH, JR. PROJECT LOCATION: 7801 MASONBORO SOUND ROAD, ADJACENT TO THE ATLANTIC INTRACOASTAL WATERWAY AND MASONBORO SOUND, NEW HANOVER COUNTY. PROPOSED PROJECT: CONSTRUCT A PRIVATE PIER, GAZEBO, THREE (3) FLOATING DOCKS AND FOUR (4) BOATLIFTS. Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 16, 2004. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 245. When appropriate, in-depth comments with supporting data is requested. REPL 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. This agenc objects to the project for reasons described in the attached comments. SIGNED DATE 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\Internet: http://dcm2.enr.state.nc.us An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper A� NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley,Governor Charles S.Jones, Acting Director William G.Ross Jr.,Secretary January 22,2004 MEMORANDUM Ff V. �D TO: Mr. John Sutherland, Chief MAR 1 Water Planning Section 2 ,2��4 Division of Water Resources AQFIl aft FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: LEE CROUCH, JR. PROJECT LOCATION: 7801 MASONBORO SOUND ROAD, ADJACENT TO THE ATLANTIC INTRACOASTAL WATERWAY AND MASONBORO SOUND, NEW HANOVER COUNTY. PROPOSED PROJECT: CONSTRUCT A PRIVATE PIER, GAZEBO, THREE (3) FLOATING DOCKS AND FOUR(4) BOATLIFTS. Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 16, 2004. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 245. When appropriate, in-depth comments with supporting data is requested. REPLY This agency has no objection to the project as proposed. J, This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. This agency objects to the project for reasons described in the attached comments. SIGNED '"" DATE 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\ FAX: 919-733-1495\ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper y RECEIVED NCDENR MAR 0 5 2004 North Carolina Department of Environment and Natural Resource Division of Coastal Management ���°0FWN. Michael F.Easley,Governor Charles S. Jones,Acting Director William G.Ross Jr.,Secretary January 22,2004 MEMORANDUM h1 TO: Terry Pierce, Director t i 1 F8 " 2o Division of Environmental Health I-FISH SAMT1Tinni FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: LEE CROUCH, JR. PROJECT LOCATION: 7801 MASONBORO SOUND ROAD, ADJACENT TO THE ATLANTIC INTRACOASTAL WATERWAY AND MASONBORO SOUND, NEW HANOVER COUNTY. PROPOSED PROJECT: CONSTRUCT A PRIVATE PIER, GAZEBO, THREE (3) FLOATING DOCKS AND FOUR (4) BOATLIFTS. Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 16, 2004. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 245. 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. This agency objects to the project for reasons described in the attached comments. p � SIGNE `�q 1 f� DATE 3 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper w NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Acting Director William G. Ross Jr., Secretary January 20, 2004 MEMORANDUM TO: Fritz Rohde Mr. Preston P. Pate, Jr., Director FDWIF-HAB71TAT Division of Marine FisheriesFEH 13FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Lee Crouch, Jr. Project Location: 7801 Masonboro Sound Road, Wilmington, New Hanover County Proposed Project: To construct a private pier, gazebo, three floating docks, and four boatlifts. Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 13, 2004. If you have any questions regarding the proposed project, please contact Jason Dail at Ext. 247. When appropriate, in-depth comments with supporting data is requested. REPLY: his agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED U� DATE Z� /u 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 ArT4 DiSTRpC T 3 FEB 0 3 1064 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F.Easley,Governor Charles S.Jones, Acting Director William G.Ross Jr.,Secretary January 22,2004 OD MEMORANDUM RECE�W am TO: Mr. Roberto Canales FEB 0 9 2004 State Construction/Materials Branch AV.0FC0A9ALm" Division of Highways PAIRQ',,, FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: LEE CROUCH, JR. PROJECT LOCATION: 7801 MASONBORO SOUND ROAD, ADJACENT TO THE ATLANTIC INTRACOASTAL WATERWAY AND MASONBORO SOUND, NEW HANOVER COUNTY. PROPOSED PROJECT: CONSTRUCT A PRIVATE PIER, GAZEBO, THREE (3) FLOATING DOCKS AND FOUR (4) BOATLIFTS. Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 16, 2004. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 245. When appropriate, in-depth comments with supporting data is requested. REPLY This agency has no objection to the project as proposed. _1Z This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. This agency objects to the project for reasons described in the attached comments. SIGNED �U ^�—'� DATE 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Acting Director William G. Ross Jr., Secretary January 20, 2004 MEMORANDUM "MMED TO: Ms. Noelle Lutheran MAR`1 `0 2004 for: Mr. Alan W. Klimek, P.E., Director WOFCORM11WAftft Division of Water Quality FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: LeLe=urh, Jr. Project Location: 7801 Masonboro Sound Road, Wilmington, New Hanover County Proposed Project: To construct a private pier, gazebo, three floating docks, and four boatlifts. Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 13, 2004. If you have any questions regarding the proposed project, please contact Jason Dail at Ext. 247. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed.-fi4 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 (� ✓hn. t�t2 C t—( C- 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 02/24/2004 09: 58 2525229736 B WYNNE PAGE 03 North Caro, naW�dlife Resources Commission �haTles R.Fullwood,Executive Director MEMORANDUM TO; Doug H,uggett Division of Coastal Management FROM; Bennett Wynne Mi Habitat Conservation Program• DATE: February 24, 2004 SUBJECT: CAMA/Dredge &Fill Permit Application.for Zee Crouch, Jr., 7801 Masonboro Sound Road, adjacent to AIWW&Masonboro Sound, south of Wilmington,New Hanover County,North Carolina. The North Carolina.Wildlife Resources Conami,ssion has reviewed the project for impacts. to wildlife and fishery resources. A site visit was made on February 20, 2004. Our comments are provided in accordance with provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.) and the Coastal Area Management Act (G.S. 113A-100 through 113A-128). Construction of a private Fier, gazebo, 3 floating docks, and 4 boatlifts is proposed on the AIWW. The structure would extend over 300 ft, fxom the waterward end of a long fill road leading from residential high ground though well developed coastal marsh to the waterway/sound. Water depths at the docks approach 3 to 4 ft. at low tide. Area waters are classified Outstanding Resource Waters (ORW), designated Primary Nursery Area (PNA), and open to shellfishing. The structure would shade approximately 252 sq. ft. of coastal wetlands bordering an, extremely sensitive estuary and would exceed '/.the width of the AIWW, presenting a potential, . hazard to navigation. Dock pilings may induce shoaling at the structure's terminus, prompting future requests for new dredging in an ORW and PNA. Based on these concerns, we recommend the following permit conditions. Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center• Raleigh,NC 27699-1721 Telephone: !919) 733-3633 est 781 11 Fax: (919) 715-7643 02/24/2004 09: 58 2525229736 B WYNNE PAGE 04 Lee Crouch docks on Masonboro 2 a2iz4/o4 1. Pier decking will be elevated at least 4 f3. off the marsh soil surface to n*Iin-ize shading effects. 2. The structure will be reduced its scope to comply with the '/4 rule and thus minimize navigational hazard. 3. Dredging skull be prohibited to protect sensitive, shallow, and productive estuarine waters from degradation. Thank you for the opportunity to com=nt on this application. If you have questions, please call me at 252 522-9736. [Fwd:Consistency Determinations] Subject: [Fwd: Consistency Determinations] Date: Fri, 20 Feb 2004 14:13:43 -0500 From: Doug Huggett<Doug.Huggett@ncmail.net> Organization: NC DENR DCM To: kristie corson <kristie.corson@ncmail.net> fyi times 2 c _ - -- _. __. .................. .. Subject: Consistency Determinations Date: Fri, 20 Feb 2004 12:27:35 -0500 From: Mike Christenbury <Mike.Chri stenbury @ ncmail.net> Organization: NC DCM DENR To: Jason Dail <Jason.Dail@ncmail.net>,Doug Huggett<Doug.Huggett@ncmail.net> Jason: I have reviewed the following permits for consistency with the local land use plans for each proposed project and offer the following comments: Greg Ceiner- 2103 N. Lumina Avenue Town of Wrightsville Beach Provided all local, state, and federal requirements can be met, the project appears to be consistent with the Town of Wrightsville Beach Land Use Plan. Saint Joseph's Partners, LLC - 600, 700, 710 St. Joseph's Street Town of Carolina Beach Provided all local, state, and federal requirements can be met, the project appears to be consistent with the Town of Carolina Beach Land Use Plan. Le Couch - 7801 Masonboro Sound Road City of Wilmington Provided all local, state, and federal requirements can be met, the project appears to be consistent with the Wilmington-New Hanover County Land Use Plan Update. Doug Huggett<doug.huggett@ncmail.net> Major Permits and Consistency Coordinator Division of Coastal Management 1 of 2 2/20/04 2:19 PM �� ia NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F.Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary November 25, 2003 Lee Crouch, Jr. P. O. Box 505 Wrightsville Beach,NC 28480 Subject: EXEMPTION Stormwater Project No. SW8 031048 Lee Crouch Pier New Hanover County Dear Mr. Crouch, Jr.: 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 a proved by the Division of Water Quality as not posing a water quality threat from stormwater runowshould not be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000. By copy of this 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 discharge from projects meeting these criteria. The stormwater rules require the Division of Water Quality 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. S erel Jain e Grcgso� , District Manager JG11ep: cc: Tony Roberts,New Hanover County Inspections Doug Huggett, DCM Charles Jones DWQ DWQ Central Files 127 Cardinal 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 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary November 7, 2003 Jimmy North 6314 Wrightsville Ave. Wilmington, NC 28403 RE: Permit Application - Lee Crouch, Jr. Dear Mr. North: On 10/1/2003, we received a CAMA Major Permit Application on your behalf, for the proposed construction of a pier, platform, two (2) floating docks and four(4)boatlifts at 7801 Masonboro Sound Rd., in New Hanover County. The attached checklist indicates the deficiencies of your application. Your application cannot be accepted as complete for processing until this information is submitted to this office. Additional information may be required pending further review by the fifteen(15) review agencies. If you respond within three working days from the date of this fax or E-mail with the required additional information, processing of your application will promptly continue and will not be placed on hold. If you are not able to respond within three days, your application will not be accepted as complete for processing. Additional information may be required pending further review by the fifteen(15)review agencies. Additional information may be required pending further review by the fifteen (15) review agencies. If you have any questions,please feel free to call me at my Wilmington office (910) 395-3900. Sincerely, k Jason Dail Field Representative Attachments cc: Jim Gregson, DCM Doug Huggett, DCM Lee Crouch Jr., 534 Causeway Dr., Wrightsville Beach, NC 28480 s:Cama\Jason\MoreInfo.moreinfo.Crouch.Nov.03 127 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 Development Type FEE DCM% (143DO 1601 43510DO93 1625 6253) DWQ% (24300 1602 436100095 2341) 1. Private,non-commer•,Sal development that does not involve the filling or excavation of any S250 100%($250) wetlands or open water areas. 0%(SO) 11. Public or commercial developme that does not involve the filling or, excavation of any wetlands or open $400 100%(5400) water areas•. 0%(SD) III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas,determine if/,B,C.or D below applies HIM For Private,non-commercial development,If General water Quality Certification No-3301(see attached) 5250 100%(S250) can be applied: 0%(SO) 111(13k For public or commercial development,if General water Quality Certification No-33ol(see attached) S4DO 100-A(S4DO) can be applied: 0%(SO) lll(C� ff General Water Quarrty Certification No.=I(see attached) could be applied.but DCM staff determined that additional review and S4DO 60%(S240) written DWQ concurrence is needed 40%(S160) because of concerns related to water quality or aquatic life: - III(D� If Gene.•al Water Quality Certification No.3301(see attached) S400 60° (5240) can not be applied 40%($160) IV. For development that invofves d.the filling and/or excavation of more than one acre of wetands and/or S475 60%(S2e5) open water areas 40%(S190) .,., " t�r t,z r 7.x at4K., z ON - 41... t g_.:• 3? AY � 'rX`F� repv.^• P r�' '�A�Y�3r+�:�%`i `II � NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Acting Director William G. Ross Jr., Secretary January 20, 2004 FAX: 343-2229 2 Pages Star News Diane Blake Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Public Notice -Lee Crouch, Jr. Dear Ms. Blake: Please publish the attached Notice in the Friday, January 23, 2004, 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. The phone number is 919-733-2293. Please send a copy of the affidavit only to Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-395-3900. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. Since y, Linda Painter Coastal Management Secretary Enclosure cc: Doug Huggett Jaye Poole 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 January 14, 2004. According to said application, Lee Crouch, Jr., at 7801 Masonboro Sound Road, Wilmington, New Hanover proposes to construct a private pier, gazebo, three floating docks and four boatlifts. A copy of the entire application may be examined or copied at the office of Environment and Natural Resources, 127 Cardinal Drive Extension, Wilmington, North Carolina 28405, (910/395-3900) during normal business hours. Comments mailed to Charles S. Jones, Acting Director, Division of Coastal Management, 151-B Hwy 24, Hestron Plaza II, Morehead City, N. C., 28557, prior to February 13, 2004, 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. Aia NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones,Acting Director William G. Ross Jr., Secretary January 20, 2004 Lee Crouch 534 Causeway Drive Wrightsville Beach, NC 28480 Dear Mr. Crouch: The Division of Coastal Management hereby acknowledges receipt of your application for State approval for the construction of a private pier, gazebo and docking system with four (4) boatlifts. The project site is located at 7801 Masonboro Sound Road, adjacent to the Atlantic Intracoastal Waterway and Masonboro Sound, in Wilmington, New Hanover County. The application was received as complete on 1/14/2004. It appears to be adequate for processing at this time. The projected deadline for making a decision is 3/29/2004. 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 1/14/2004,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'nc ely, rdt---e. rie cc: Doug Huggett, DCM epresentative Jim Gregson, DCM Charles Jones, DCM Ann Hines, LPO Henry Wicker, COE 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 r i AMA MIT APPLIED FOR T a 0 �Ab PRO T: sow- a 0cad COMMENTS ACCEPTED THROUGH -"' ZOo if APPLICANT: FOR MORE DETAILS CONTACT L& ^ THE LOCAL PERMIT OFFICER BELOW: e' oo W Division of Coastal Management Jason Dail • SOX 50 5 127 Cardinal Drive Extension 6r- R"+ 111'1c TLAM05 AIC Wilmington, NC 28405 7.9 y TO m C L a1 L N N O 4 Q Q O } ZLO ❑ ❑ m ❑ ❑ ❑ o c o C- a) o :ems - Q N m 0 R1 7002 3150 0003 9918 2426 z ca LLl 7002 3150 0003 991,8 2426 � � a) ❑ ❑ ❑ (D � 'a) m •� •- n' IF o nm n G m CL d p0 9 CCo. E--T N m E33 . m ' U C.m C m0 ma) }} ¢ _ y O m c� G w ^ • Q �/ Cry V' C _ m T T 3 `•r- :i� r m G m al Ln a1 CD m of • . - `• m ° �• j _ r W i CD Q fl1 E rn a m a a o C gym^ EmmOEcn T mm N QD z ai �U.D 0-6 E GJ v (D 45 CD = a T 1 c o ^ 4 E IT v N v � Mm � m3 vvmc�� m J u� a> m0L) 2 w (�[ ?�� O O t p t Q C� S z m 0 EEc Sao " 4J O rd � o O CL p r u- ■ ■ ■ J a- ai n. — ---- - -------- -- --- - -- t - 1� ACTION:The debt v"mcel by"Dad c f Trutt.as tvidtavood by • des sole' other docaaeat anttctred thereby.base bc:n satidied in#A. Thin an day of .19 ROnK PAGE ADWTTED TO REWnn1 aler aadia�b: 2I96 U z U 4 DAY OF � _ VARY SUC OOTS LREO STER OF DEEDS MM HANOVER CO y7j sar e tep len ate F' Boy Wiltakion. NC 28402 Racadft:Tom.Root m Pap tinef&w Tr. , ?%S , Pa 1-3 NOR INA (nmuPE ADYANm DEED OF TRUST 000167 (Collateral is or Includes FDdures) THIS DEED OF TRU AN SEC 1 AGE E ENT('Dmd of Trull')is made as of this 13th day of tSf anal betwom: GRANTOR floelude Add TRUSTEE lenw C.Herring.a aaidea'of North Casofi� Walter Lee Crouch, J d Melinda H. Crouch _ 1931 S. Live Oak Pkwv BENEFtcuutY BRANCH RANKING AND TRUST COMPANY.a Wilain ton NC 28403 Now*Carafisa sut baaitias eorpoeatioa DEED OF TRUSTUi( AN P_0.Boa 1255.VrmrossSYcm.NC 27102-1255 IF BOX CHECKED.,TH1S 81-fGAT10N IN FOR THE CONSTRUCTION OF AN 1WPROV'" D. E PD W►NG INFORMATION APPUFS TO 7H LS DEED OF TAU : I.The maximum pniac;pal aotouot of tbt Debt tdefioed below>. presed ao41 fum sch mcm w.,md by this Deed of TmIs is FIVE HUNDRED SIXTY THOUSAND AND NO 1 f 560,000.00 2.The Debt.on the date hereof.is cvidco:cd by s Note atdloc oVl�erpucumeot rifted b me,psrtks,dollar mervea and date as foibrs: Note dated June 13 .f99z-_��yle.a�ra s560,000.00 executed by Walter Lee Crouch, Jr. j and my be evidenced by and Ball be at all iiintcs deemed to include.any and aU a or othfr eanen ts;cew or hereafter evidencots any debt rhasav e incurred by GraMty and payable to Bedeficwry,the terra of which arc ill berri�t e 3. Putsuara to the pmvisiom of Seed—0 67 o seq.,of the North Carol, Gev'; of Tent Baum the payetrnt of the De t. intchd'ung present and future advances. d.The currsru principal smtwnr ofthe Debt advanced on the date hereof(including andv ed previoudy)by Bewficiary is S 410,000.00 6r now.ar sate). 5. No a tninun of a written inamownl w action.hall be ncccwry to evidcoce or secure any edt ,The period within which future advance are to be made shall be the fifteen yur peril begittoitq on the date of this Deed of Tnu s 6.The real peoperty which is the subject of this Geed of Trust is located in re rear the City of ,in da Tormltip of ,in the Conroy of Nev ffiknov4tfr ,in the State of North Carolina,and the legal de,cription and the chain of tick re(cmwc of the ml property ae so foJbrs: BEING ALL of Tract B as the same is shown Onp� In co e����(,��+ 8/ 35 Pa 138 in the Office of the Register of Deeds of NnW 1iMd unty, rdg Ca ii t which plat reference is hereby made for,4 ore particular descriptio oP�Ta e. OCT 1 6 2003 DIVISION OF COASTAL MANAGEME 472842 mcj� Ave, 9ST405 imei rand t.t a r 9 [y_ 0205 — STATEMENT OF PURPOSE:In this Dead of Torus r wane shall be made sanply to the-Note or other Docu nem-.wd such a reference is dsenra¢6 apply to al of the instruments which evidence of describe the Debt,or which serxrre its payment.said to ar renews",extransiore and nwdiFEstions thereof,whether heretofore or hereafter executed,and incksdes without limitation i writings described generally mid specifically of.v first page of this Deed of Trust in rasnbered parapaph 2.This Deed of Tent shall secure the performance of me obipabons of Grador 9k,eny third party,to Beneficiary,which are described in ills Deed of Trent,in-itrs-Note or other Document,and such prformarica Ywksdes the-garfff n li)ent of the Debt. In this Deed of Trust the definition o►-Debt'includes: the principal;(a)allaccrued interest including possible 'ctuations of the interest rate if so provided in the Note or other Docurra ;lull al renewals or extensions of any obligation larder On Note r other Bieurl leven it such fertawala or extensions we evidenced by new notes or other documents);and 60 all other obligations of Granter to Qpnafid which rib describ ed in this Deed of Ten (for e t, in the Note or other Document,(fxempla,payment of the attomays,teas of the say i rarrce prsrnuxns and ad valorem taxes). OW, HEREFORE, for the purposes anal under the conditions described in this Dead of Trust and in consideration of the Debt and the Well of Grantor rand Berehast y,Grantor hereby conveys to Trust",in tent,with power of sale,the reap property described in this Deed T their with auY irnprovertwtts.equipment and fixtures exalting or hereafter placed on r attached to this real Prop".all per thereof a4d all r otia appurtanarn rights and privitagee. The term 'the PropeK'y "fiat irr#d arty ma e this real Proper", ch y T,and also no appurtenant rights and privireges. j O HAVE AAD T�HOLD the Property,to Trust",his successore and assipe,but upon the truer.and under the terns arid conditions of Hri�Do of TTrdst,tw'rv*h 8raidn l Trustee and Beneficiary hereby agree: }' t. PERFDRMXNCE BY GRANT.�R.Grantor shag fulfill off of Grantor's obligations es specified in this Deed of Trust,the Note or other Docwtant. _- 2.TAXES,-OEEDS.QF P0.JGk;'OTHfR ENCUMBRANCES.Grantor shall make timely payment of all ad valorem taxes,assessments or other charges or mbranEes"7WWc6 may coitptitute a lien upon the Property. Grantor shelf timely pay and perform any obligation, covenant or warranty c retained-46 any other dee¢-raf trylt or writing(herein Other Deed of Tent)which gives rise to any or which may constitute a lien upon any of the Property.Grerrtbr shag ibsl of Beneficiary promptly furnish satisfactory evidence of such payment or performance.Grantor shall not entf%into, t"nate, capes 1 r a"nd any Iowa affecting the Property or any part thereof without the prior written consent of Beneficiary.Grantor,.atWI firtaty'ply,anQ ofirt all terms of any lease or sublease of the Property or any part thereof. f / i' \\ , 3. INSURANCE. Grintor affe! keep insured all improvements which are now existing and which might hereafter become part of the Property,against 14s,-bV fire-surd ottai hazards,casualties and contingencies in such amounts and for such periods as may be required from time to time by Beneficiary;and Cifi for shall pay promptly,when due,any premiums on the insurance.An insurance"be carried with comperries approved by-Berefipiry,,ANTUiig policiesea tor shall cause all and renewals thereof to be delivered to Beneficiary;and the patties stun contain loss payable cl eriesA favor of arid in form acceptable to Berveficiery.In the event of loss,Grantor shelf give immediate notice to Beneficiary,and Bensfici; rmay'mace awf of'joss if such is not made promptly by Grantor.Any insurer ishereby expressly authorized and make to ake payment for;the losE directly red solely toBereficiary.Further, Beneficiary may apply the ins n urscer proceeds,or arty part thereof,in its sale discretion fired af�'its optjbn, ! her Io:�Grrs reduction of the Debt or to the restoration or repair of any portion of Its Property damaged. 4- ESCROW DEPOSITS. Upon demand of eftntor shell add to each payment requited under the Note or other Document the amount estimated by Beneticiaty to be su lfioront to s Bensfieiery to pay es they become due all taxes, charges. assessments. and insurance premiums which GrantaT49-ti weal to p Further,any deficiency occasioned by an insufficiency of such additions payments shell be deposited by Grantor with Beraficiary�ypon S. PRESERVATION AND MAINANAN OF TH PRO TY.Grantor shall keep the Property in as good order and repair as it now is wear and tow excepted?aria ill al I nor permit any waste or any other occurrence or use which might impair the value of the Property.Grantor shall not initiat6 or quiesee`rfm a�cher�s in the erg at saifiea0 of the Property or mace or pemit city structural alteration thereof withrout Beraficiary's prio wnttrgwkioo�nolari j 6. COMPLIANCE WITH LAWS.Grantor hall'"gulady and pruptptly comply with any applicable lags requirements of the United States,the Sure of North Carolina or other govemrrmen 'awry,apenyy or trumeteSi nty re or to the use condition of the Property. ff fF y. CONDEMNATION AWARD.Any award fef tye'ts"of,or.dromges to,all or any part of the Property or any interest therein upon the lawful exercise of the power of eminent domain Sfrall b 0ayable sly to Beneficiary,which may apply the sums so received to payment of the Debt. a. PAYMENTS BY BENEFICIARY. If Grantor shah br'in default in the y pa nt or performance of arty of Grantoi s obigations,the Note or other Document.under this Deed of Trust or O her Deed of Trust, i maiary rusty,but it is not obligated to,•xpmd!or the account of Grantor any sums. expenses and fees which Beneficiary believes apey4nate for the p otection of the Property and the maintenance and execution of ties trust. Any amounts so expended stall be deem riart deemed principal ao !es fly secured by this Deed of Trust,"bow interest from the time expended until paid at the rate of interest accruing lie Debt,;and sh I be ue and payable on demand. 9. RENTS AND PROFITS.Grantor hereby assigns to Beneficiary ssfuture rebus ard.prohts from the Property as additions security for the payment of the Debt and for the performance of all obligations Ispcured-,by this-45eed ol,tmst.Grantor hereby appoints Beneficiary as Grantor's attorney-in-fact to collect any rents and profits,with or without Spit,arm'o-ta•epply thy same,less expenses of collection,to the Debt or to any obligations secured by this Deed of Trust in any manner as Beneficiary may desire..0owever,until default under the Note or other Document or under this Deed of Trust.Grantor may continue to collect and retain'ihe rents ar&gr94hr-wa.(wt any accountsrtity to Bensficiary.Bereficiary's section to pursue the collection of the rents or profits shall be in addima3r-ill remedies which Beneficiary might haw and may be put into effect independently of or concurrently with any other remedy. J 1 10.SECURITY INTEREST.All the fixtures and equipment which comprise b psrf.of the Projrtv shall,as far as permitted by law,be deemed to be affixed to the aforesaid land and conveyed therewith.As to the bals"of the Wturethis Deed of Trust shad be considered to be a security agreement which creates a security interest in such fixtures for the ens Lot-13eneBpery.In that regard.Grantor grants to Beneficiary so of the rights and remedies of a secured party under the North Carolina Uniform Corrmareisrantor agrees to execute and deliver to Beneficiary.concurrently with the execution of this Deed of Trust and upon Ifikrertuest of beneficiary om time to time hereafter,all financing statements and other documents reasonably required to perfect and maintain the-4ecmtl`y ylierost createdhereby.Grantor hereby irrevocably(as long as the Debt remains unpaid)melees.constitutes and appoints Beneficiary es the ter and broil o I art nay of Borrower to sign the name of Grantor on any financing statement, continuation of financing statement or simile" cuni re fired to perfect or continue such security interests. However to the extent allowed by law, thus Deed of Trust shall be a fin ncin state nt ufficient to perfect and maintain any security interest created hereby in the Property end its Proceeds. 11, GRANTOR'S CONTINUING OBLIGATION.Thus Deed of Trust shalt remain as secu'hjy for fu_ payment of r e Debt and for performance of any obligation evidenced by the Note or other Document,notwithstanding any of the toll oirinQ�u'.)rtfme sales elgese of all or env part of the Property; lb) the assumption by another party of Grantor's obligations under this Deed of Trim, tea Noted{other Document; Ic) the forebearenee or extension of time for payment of the Debt or tot performance of any obligatichz and pl this Q1tad d(Trust,the Note or other D�cur cnt,whether granted to Grantor or to a subsequent owner of the Property;on(d)the rat ass oa'angelrty w has assumed payment of the Debt or who assumed any other obligations under this Dead of Trust,the Note or other Document.-40 a of t4irl armg Shan,in any way, affect the full force and effect of the hen of this Deed of Trust or impair 8eneliciary's right to a llefiei0nay jud9rtma 1 event of foredosure against Grantor or any parry who had assumed payment of the Debt of who assumed any other obh�ons t+e pe mange of which is secured by this Deed of Trust. 12. SUBSTITUTION OF TRUSTEE.Beneficiary shall have the unqualified right to remove the individ desig5.dfedlss T start on the first page of this Deed of Trust, and to appoint one or more substitute or successor Trustees by insuumei)ts file*`for;;b stratlbn in the County Registry where this Deed of Trust is recorded.Any such removal or appointment may be made at any timd+arlikiron}dme to time 'thout notice, without specifying any reason therefor end without any court approval.Any such appointee shad]become frilly yebted wis"lle to he Property and with all rights,powers and duties conferred upon the individual originally designated as Trustee,in the s *mannK.armc�,4o the ems affect as though that party were named herein as the original Trustee. JJ 13. INDEMNIFICATION IN EVENT OF ADVERSE CLAIMS. In the event that Beneficiary or Trustee voluntarily; r othe is come parties to any suit or legal proceeding myofving the Property.they shall be saved harmless and shall be teimbuttad,by GrentoVhor any nta paid,including all costs, charges and attorney's lees incurred in any such suit or proceech �md�r the same 11"ke Secured by 1hie�De of Trust and payable upon demand. I \\\VNp 'r' f 117 14. INSPECTION. Beneliciwy may at any reasonable time and from time 10 t or cause to b 'ors ion Is ntrres upon. investigations.and inspections of the Property,including without limitation any inspections or investigations su " ing d sting tt may be necessary or desirable to review compliance with Envir ntal Lews. 41 15. WARRANTIES.Grantor covenants with Trustee and s era they�psr or art Pr ,er in �e I the ht to convey the same in fee simple,that title to the Property is merle rid Irm1s)bsd rdet o alrineumMane�s, at GNr�ntor win rriinnt a `I defend the title against the lawful claims of all parsons whom" blect only to any declarations.• ;restrictions or Swcumbraw6es listed in the title opinion or title insurance policy which Benefici 'nod in the Itta i Ilcyo�lgrhrhipl�0anafidary oblamed this D qd of Ttiist. V Slv�v �Jr lam' err' C©,4e6TAL MANAGEME KI-1 Isar4o6�e�a.� �`� ' t-.A EYS'FEES.In the event that Grantor e ll nits obYg sc(}s�t this Do-of Trust,the riot*or other Doaanwtt,tad durplo»r,attorney to assist in the eor*eb d t a to �'� d Grantor with any of true provisions d the Deed o Trust.T!w Not•or other Documents ce in the avert Beneficiary w Treats*star become parties to Cary suit or legal proc*sdi It fenclud'ang enYptoceeding conducted before cry United States Bankruptcy Court)concerning tha Property,concerning the ion of this Deed of Trust, collection of the Debt or concerning compliance by Grantor with any of the provisions of this Deed of Trust the Note or other Grantor Sher pay Benefiary's reasonable attorneys'to"&W all-of the costs that may be incurred.and such tees and costs shell be s al by the flied of Trust rd its psyrrenl anfcrced as if it war*a part of the Debt.Grantor shall be liable for such attorneys'fees aid costs or not any suit or proceeding is corre eneW- 1�7�1[iTl-MANSHALLING PROVISIONS.Trustee and Beneficiary may grant rinses at any,time and from time to time of all or any portion of (whether or not such releases am required by agreement among the parties)agreeable to Trusts"and Beneficiary without notice to a t approval or agreement of other parties Cast interests,inellix"junior iannors aid purclnwrs subject to the ban of this Deed of Truitt,and'such releases shall not impair in any miser ttw validity of or prionty of this Deed of Trust on that portion of the Property retaining tltb this Dead of Trust nor roleass Grantor from personal iabity,for the Debt Notwithstanding the existence of dry other security mt~x can Jhp Property held by Beneficiary or by any other party.Beneficiary shelf hove the right to determine the order in which arry or all of s�s�bo nnbjected to the tweed"available to Beneficiary.and Beneficiary sham turther hove the right to datetmuie the order in airy or all piptions of the Debt we satisfied from the proceeds recited upon the exercise of rry Comedy it has.Gnn/w,or orry pity who kp4$js, =any party who hew actual or corstrueUvo notice hereof.harobv waives coy rand all rights to require the marshalling of nab iJ� d�rith exanise of any of the rermnetfes pomtitt*d by applicable taw or provided hrain. l 1 EN,IIH si55U S_Grantor for itself.its successors Cast assigns represents.warrants ad agrees that(a)reiUer Grantor nor e(fy other used or ritytaHd dry Huadous Material Is*hereinafter defined) on the Property or received any notice from any ggwttrrerntal_ entity oar person with regard to Hazardous Materials or%from or affecting the Property;W a)neither Grantor or y ottiat 'ham obtd dilry*6 icable Erwinomvental Laws INS hereinafter defined)relating to or effecting the Prdrerty;(c)ftw Properly are Sir wnHy m cgmptia nce wigs per moo mental Laws;there we no circumstances presently existing upon w under the Property,or relating to the Property w may aappi •Environmental Laws,aid there is not now parsing,or threatened,any action,suit,investigation or procei errs ran r relating to tit Property(or against arty other party relating to the Property)seeking to enforce any fight or ro mady under ad1( o Envier bd;yaws.,Ad) the Property shall be kept free of Hazaddws Materials. and star not be used to generate, nwnufactute anspo treat,atom.V�irfAlir dispose.or process Hazardous Materials;(s)Grantor shell not cause nor pemtit the installation of Hazardous an n the PWY, a r 4sa so of Hazardous Materials on the Property;(t)Grantor star at all times a comply with d ensure empiaroa by that p iss`wjth cable Environmental Laws relating to or affecting the Property and shall keep the Property free and do dry pursdint It y applicable Enviromnental Lawn,(g►the Grantor has obtained and with at M titres continua to obtain arstlor all • "Femsty, and/or other governmental or regulatory=ham necessary to comply with Environmental Laws (the "Parmits"I and ran is in PA compliance with the lemv aid provisions of the Pemtits ad will continue to comply with the terms and provisions of the P - -IN GAdntotsbalLim ma ietely give the Beneficiary oral and written notice in the event that Grantor receives any notice fran dry go agepty,, Ktity, or`efn other parry with regard to Hazardous Manriala on, from or affecting the Prop*"and sA•II conduct and dxrrplet all' lions,srrpkrg,and testing,and all remedial,removal,aid other actions necessary to dean up and rernove alf Hazardous Materiels o /r or affecting the Property in accordant•with all applicable Envirorerentel Laws.Ttw Grantor hereby agrees to index ixty the Beneficiary holditfis Bejefici ham"from and against any and all lasses,liabilities.damages,injuries(including,without limitation,attorneys'/real aid of.�rny avgp fu whatsoever paid,incurred or suffers by,or asserted against Beneficiary/or,with respect to,or as a direct w irdir t result Q1 lhn�pSese eon,w under,or the escape,spillage,emission or release from the Property of any Hazardous Material regadl of hero notFe"aipeq� or within the control of Grantor,tb)the violation of any Envororsnentel Laws relating to or affecting the Property, he he not c sad i4,within the control of Grantor,(c)the failure by Grantor to comply fully with the toms and provisions of this pragr or en gran or representation rode by Grantor in this paragraph being false or untrue in any material respect. For purposes of this o rust. azadous Material" means and includes petroleuen products, arty flmarrable explosives, radioactive materials, asbestos or reateri co asbestos, and/or any hazardous, toxic or dangerous waste, substance or material defined as such in(or for the purpoe of) Envi rtment�l Laws.For the purposes of this Deed of Trust,-Environmental Laws'means the Comprehensive Environmental Rashko C en Lion yyy 1 liability Act, the Hazardous Materials Transportation Act, the Resource Conservation and Recovery Act,any 4�SOp 41" � 'ti lien'taw,or any other federal,state,or focal law,regulation or decree regulating, relating to or imposing liability or stand of cofdtzt onc erring"petroleum products, any RCammrble explosives, rdiooctive materials, asbestos or any material containing*sberktos,ofRNqr hazardous,toxid'or-,dangerous waste,substance or material,as may now or at any time hereafter be in effect. The obligations still d i*Irti5it of Grpntor pricier the paragraph shall survive the foreclosure of the Deed of Trust,the delivery of a deed in lieu of foreclosure, camellafio f tfyrr Nots;pI'if otherwise expressly parmittd in writing 6y the 6amit,the sale or alienation of any part of the Property. /fry / ` 19.EVENTS OF DEFAULT.Grantor shag be 7euideDeed of Trust upon the occurrence of any of the following: Is)Default in the payment or performance of y of thrfobligations,or of cowront or warranty,in this Dead of Trust can the Note or other Document.or in any other note of Grantor to nsf)lttev or any contras tw en Grantor and Beneficiary;or in any contract botween env third Arty oust Beneficiary ode for the benefit of G r;or (b) Any warranty, representation or statement made or Currie to Baneficia by or on behalf of Grantor in connection with this transection proving to have been false in any material respect when a or f hd:o to) Loss, theft, substantial damage. destruction to or of Prop y, or as rtion or making of any levy, seizure, mechanic's or materiabmen's ken or attachment thereof or thereon;or (d) Death,dissolution,termination of exists car, insolva y.bu " ass ure,a ointment of a Receiver for any part of the property of, "mon ent for the benefit of creditors by,or the inability to ey d n the o na v,c use,�t�,business of the Grantor or any c ell, edorser,guarantor or surety for Grantor;or ,�L(J (y�J (a) Failure of a corporate Grantor or co-maker, endorser, sky to or to maintain its corporate existrnes' standing;or IQ Upon the entry of any monetary lodgment or the assessment of filin of s tax rut�trtot�onfpS t!9/ gnce of wri f garnishment or attachment against any property of debts due or rights of onto,or vv 11 ��JV J (g)The sale lincluding sale by rand contract upon delivery of possessi n),I all or a rnbrenee of all or dry pert of the Pr trttaest therein,or any change m the ownership or control of any corporal or partners ' G �spbfrtapf'ir or writte ent; Or 'JI(,N F If) If Beneficiary should otherwise deem itself,its security interests.the Proper tT to Air inse4/'1 1!;"ganeficiary otherwise believe that the prospect of payment or other performance is impairs. 20. REMEDIES OF BENEFICIARY UPON DEFAULT.Upon the occurrence of any a ant f defeu Be eficiery may,at its option,without prior "lice to Grantor,declare the Debt to be immediately due and payable in lull;end on ation iciary,Trustee shall foreclose this Deed of Trust in any manner permitted by North Carolina law, including selling the toper der any p th act at public sale to the last and highest bidder for cash, free of any equity of redemption, homestead,dower, curt or ottiq r st or fe ral exemption, all of which are expressly waived byy Grantor.after compliance with applicable North Carolina laws relati tizlari al cloture salee under power of me:and Trustee shall execute and ohsliver to the purchaser a Trustee's deed conveying the Property so sold w0hout my cov nt or wananty,expressed or mplied.The recitals in the Trustee's deed shall be prima facie evidence of Ile jrr truth of the stanentsrhdre re The proceeds of any such sale shall be applied in the manner and in the order prescribed by applicable North Carolina lain,It LMNng tad th t the expenses of any such sale shall include a commission of live per cent of the gross ides price to Trustee for holdi suit s oust to 1 services performed by him hereunder excluding expenses incurred in making sale.In the event a foreclosure suit or speciv proceeding is cod,end no sale is hold, then the Grantor*ball pay to the Trustee: 1)all expenses incurred by Trustee and 2)a partial 'ssio co I on five per cant of the balance of the unpaid Debt.Beneficiary may bid and become the purchaser at any sets under this ed o rue tan such ado Trustee may ir at his election require the successful bidder onvnediately to deposit with Trustee cash in an amonn e u o r any I the successful bid, and notice of any such requement red not be included in the advertisement of the notice of such .1/ edosur proce ings are instituted under this Deed or Treat Trustee is hereby euthwized to take possession of the Property and collect ny ntal,a ruo?!i or t accruo;or Trustee may lease the Property or env part thereof, receive the rents and profits therefrom, and hold the oced amal,dong a of payment of the expanses of managing and operating the Property subject to Ilia order of the court for the benefit of Be tic' ry, filing fit position of Cho foreclosure proceedings, and during any period allowed by applicable law for the redemption from y 1 closers ale o red in such Proeeadings; and Trustee may act irrespective of the value of the Property or its adequacy or ineda ey to e a or scharge the ordebtdness then owing. 21. RELEASE AND CANCELLATION.Upon lulldlmant of all of obligations,the performance of which is s ure y this ad rust,and upon payment of the Debt,this Deed of Trust and the Note or other Document shall be marked "Satisfied'a aturne o antor, this conveyance shall be null and void and nnay be cancelled of record at the request and cost of Grantor,and title the ro ny she%era st as provided by law. 22. MISCELLANEOUS.The captions and headings of ilia paragraphs of this Deed of Trust era for conveCiance only nd s 1 Q. 0 to interpret or define any provisions.All remedies provided herein are distinct and cumulative to any other right or remedy aide t Dad of Tru or afforded by law or equity,and may be exercised concurrently,independently or successively.All covenents contai he all b- , the benefits and advantages shall inure to,the respective heirs,executors,edministrators,successors or assigns of the ertio o ' D of Trust,and the designations'Grantor'."Trustee" and-Beneficiary'include the parties,their heirs,executors,adminstr to, c ors a assigns. The designations "Corporate'. "Corporation', and 'Partnership' include limited liability companies and finv Is p nerstips. Whenever used.the singular number shall include the plural,and the plural the singular,and the use of any gender shall be a it awe genders.This Deed of Trust shag be governed by and construed under North Carolina law.Any forbearance by Beneficiary in ex ising tit or remedy hereunder,or otherwise afforded by applicable Inw,sliall not be a waive of or preclude the exercise of any such right r r IFprocurement of insurance or trio payment of taxes or other liens of charges by Beneficiary shall not be a y-'aivef of Beneti. -i's 1 to accelerate the maturity of the Debt. Time is of the essence in the payment or performance of any of the obligations.or of any c nant warranty contained in this Deed of Trust or in 11 e Note,or other Document. (nn/ Dope t of♦ C`/ N� BBT405 oesoei 11// YFSTYONY VYHh1190F.the.hove aspotre G-alor boo cared 04 TEST&KWV WHERUW.ta&+ 0 Gnaw-has ° to be esaerd in ita cowporsn none by in a1 bi band east adapad as bid ie wad'SEAL be Wa or am bin siganar.6 yi maw 6—being eaanr d east"ve d a .orr�r ea may, �b Ara her above.ring ,poke" eeepeata anal b b.brrb affinow is e dr of it Disatmrs fir, Asap Sims. lwi►am awed 'rraasr bead Gsaror. 1-&T RSAL� dAi.:sod tb.aata 6".4""e'w�1a PACE fi—alter Lee Crouch. Jr. cn.nr: asAt� 0207 �/J� By: Pnerdedt Gus«YLNl •� out �� (SEAL) Grnsrr: 9EAO wl Sacreery trot } IN Y the - Grasor.Limiest Lsabdily Couirsay.«LmWW LabiYay P.rbc ih*has tamed due-010-c l 10 be c--?d in Name by dub' general partner(s)or areadem and has adopted as as sed the vad'SEAL' wpperie beside ys ruse-{Yb beime cmdvl and deft c aw drc dre dial above-o 1`�/i{ (SEAL) By: (SEAL) tt M M W Tide: by: ^ ,sFAu By: (SEAL) Tide: ride: aat➢6�L'�'flAaa STA c A_COUNTY of 21E1d HANOVER L err /Sl li]rLdl Ball .Notary Pab6c.do Mandy mrify Ar o d Melinda H. CronC ��• :•Y enoo.!?y f�pq(d 6e fort a tAp do and ackmrlodged the earcoeion or"Dud Trust NOTAltY arm.Ran +7 ,,�ag�fr�ll>b� new 13 h man une 1997 PUBLIC ev Sky � MOrA.Y rI.�LC STATE OF NORTH rCR A.C4UNTIf OF rdraMaslµaaMaaa� L ._ a Notary Pndnic,do baeby terrify than Gramm. pammuy appeared before me this day and we Idged s of"Dud of Trust. Wiaess my hand and official VAsnp or sal of .19 My CoasmisaioN Ewp-: Namur 1 AU W SEAL STAMP STATE OF NORTH CAROLINA.CO rOF !. ■Notary Public,do bneby terrify than p.—Uy appeared befi�me thi.day and ac land tM Ware (idicana wheiKer psrusers or marten)of a and funber acknowledged the due execution of"Deed of Trust on behalf of the WAaus my ad official stamp or"&I.thi y of .19 M r r C ' rarAtty Kant' g •STATE OF NOR C LINA.COUNTY OF I• .. of Cousy. j C note car�liwa. do wiKby «rr;ly thN �✓ OC 1 U bebrN am this dry and acknowledged than he is Secnn. lr .a corporation.aNd than by nwboMy duly given nd a of the nioo,the forstoit(g in its muse by its Presides.sealed with le anal awe by:al ode by _aelf as ib O�V`��ASarctary. �(l� t"my hand and official sump or—1.this day of .19 My Cmtmsram Expircc Aar n The fmiringCenifcate(e)of Terri Simmons Nall Wam cenified to be caerecl.This imtrumcat and this cenificre arc duly reginend r the date and firm and in the Book and Pate oa page Mary Sue Oots REGISTER OF DEEDS FOR New Hanover U By: DepaWAssirant-Rgiaw of Dods. UT406 taso.i P.ar 4.14 -ND VERIFIED SUS DOTS Q PAEGIST R OF DEEDS 1 5 y NEW HANOVER CO.NC '35 DEC 1 PI1 KP19 EARCHED AND DOES NOT CERTIFY TIM THE RO ERTY IBED HEREIN. } - �. Recordina Time. Book and Pane Tax Lot N Parcel Identifier No. R06700-002-0677000 ................. Verified by.... ...... .. County on the day of is.......... by ._.................... ........ ......... .. Mail after recording ... . ......................... _...... ........ . _....... ....... ..-_. .. . ............. This instrument was pre y .Cl N tl, IliitsOtt & MCIOM, L.L.p.., Brief description for the Index NORTH C ROWI A)PENERAL WARRANTY DEED THIS DEED made this .,day o v b 19 by and between GRANTOR GRANT TEE ELEANOR SPENCE LeGRAND �ARF;.IfD NALT10 LEE CROUCH, JR_ and wife, �f H. CROUCHRK LIVE OAK PAM� 1 MI SL I ON, NC j'2 �`V,� OCT 16 2003 DIVISION OF Eakr in appro/riste Mork for rare/arty,oame.addrrxs,sad F44-.U, G E M E The designation Grantor and Grantee as used herein shall incl e s -part;Es,their heirs, successors,and assigns,and shall include singular, plural, masculine, feminine or neuter as r wired by et i ` WITNESSETH, that the Grantor, for a valuable consideration paid by � e G ee. the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, $ e11 and c nve unto th Grantee in fee simple, all that certain lot or parcel of land situated in the City of Township, Nev Hdt]over County,North Carolina and more particularly escri as Itou BEING all of Tract B as the same is shown on plat record q 1 35 at Page 138 in the office of the Register of Deeds of Nev Harlovel f t ! Carolina, to which plat reference is hereby made for a more particvlhr- fi of sane, to Hamoutp CTY 12-a1-95 i $1070.00 ST�pTH jPjNA Real Estate Excise Tax 3�`r�r 1R4c /.ram Nam,1 D tl1i,ar�IrN IfIT. � 959 051 � The pr a rein a escribe was acquired by Grantor b instrument Y t ument recorded in ......_ ............ . ................ . 16 3701 New Hanover County Registry. .............. ................1.1.......I........................................... ......................... A map showin the ve d tribe y is recorded in Plat Book 35 page 138 TO HAVE AN 0 H th of a to or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee si le. And the Grantor co n w' the rantee, that Grantor is seized of the premises in fee simple,has the right to convey the saire in fee simp ,tha itle ' marketable and free and clear of all encumbrances,and that Grantor will Warren defend the title against t lau-f c ms o 1 persons whomsoever except for the exceptions hereinafter stated. t and Title to the property her 'n I• escribed i subject to the following exceptions: 1. 1995 and s t ear a val taxes; 2. Valid and enfo bl r�its-of_way and restrictions of reco d;. 3• Applicable zoning and 1 d o antes, statutes and r y �/ H V egul� i OCT 16 2003 ce IN WITNESS WHEREOF. the Grantor has hereon DIVISION OF move aLeWritten. page by Its duly arthorkea officers and 14 et o b h ereaaa atf{aea or►Y it c-po al`hu a 1 1 t�,`a►eye wrlttea. k r ItarLa� s s� � •---- P (Corporate N-0 --- ----------------------------- by BY:___ " JOYCE, A1F _____ --------(SRALI ATTEST: _ _ .._ ----------------------------------(SRAL) -- x _.__________________________Secretary(Corporate Sean SEAL-STAMP NORTH CAROLINA............ .................. .... or at L a Notary Public Of the County and Stale aloresa ,certify as personally appeared before me this day and acknowledged eaee of e f etolag IasvumeRL Witatla bay 5 Wad and official stamp or seat.this........day of...._.... My commisdoe expires:............ S[AL•STAMP NORTH CAROLINA...................................County. 1,a Notary Public of the County and suit afaresala,cerwy that ... _ ..._. .._tethty 1 � peraawalty came before me this day Sal acawwled[N that____►e 4__._.. ... ... .......... : ......-....._._._.... -_...a North C•..Has car I. ' a Sad au y dab O [Iron And as the act of the corporation.the flKe[o1ag Wirumot was sitsxd V • preslaeat.seated with Its corporate seal and attested by ►:! as its ' --- ffaess my►and and official clamp or Nat.this.......day of My rorambs{w expires:............. The foregoing Certificate(s)of........................................................ 4;are cert1/1ea to be correct TNs lastru "'---"""' (lest Pall'aerfOl. rnt Sad thb cerHflcate aft duly retislered at the dais Sad lime add is t►e Roat aN page ---- -------REGISTER or D[EDS FOR......... .................................. Reilsler•f Deeds Y.C.Rae A— Form No.3' 117c,R—Il ld 1177. � 9 ' J Q514 E OF LINTY OF �VI�, ►"bA a Notary h eb certify that Suzanne S Joyce, Attorney- Public do Spence nor pence LeGrand Hervey, p y in-Fact for personally appeared before me this y, nd being by me duly sworn, says that she executed the fo go ng and annexed instrument for and in behalf of Eleanor S en L e.Zey and that her authority to execute and ac owl a sa'd 'nstrument is contained in an instrument duly ec ac Ore ed, and recorded in the office of the Register of De s o an er County, North Carolina on the 8th day of May 99 , i Book 4 at Page 1453, and that this instrument was exe t un r a irtue of the authoritygiven and by said inst men gr a power of attorey; that the said Suzanne Spence oyc a o dged the due execution of the foregoing instrum or he rposes therein expressed for and in behalf of Eleanor e r Hervey. WTNE y an nd otarial seal this the 3O day of 19 5. t Public Y ion Expires: /6- �''r,;:�•� K tr! r Notary Public,DeK � MY Commission Expves C�(c��� �':•.� STATE OF NORTH CAROLINA New Hanover County ,,.�p,'�•��•rfy .�•" The Mndxed Cdrtif)otdb)ofI'���.rl Notary(NotarWQ Public is/ate daOW tobeocrrecf. Thb the day� �Eled3EQ 19 3L Mary Sae Oob,Re ter of deeds by 6f Deputy/iAtrtataat- 15�� �5. IV U 2�03 OCR � 6 OGEME,t�- G01,s