102-05 TX 10/2005 Rizzo, Dan

Permit Class Permit Number
TRANSFER 102-05
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
jkrmft COPV,
for
X Major Development in an Area of Environmental Concern
r r•
pursuant to NCGS 113A-118 �' �
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Dan Rizzo,2127 Harborway Drive,Wilmington,NC 28405
Authorizing development in New Hanover County at adj. to the Southside of Bradley Creek,
2501 Shandy Lane , as requested in the permittee's application dated , 2/27/05 (MP-1 &MP-4) and
3/2/05 (MP-2) including the attached workplan drawings(5), 1 dated 7/11/05,2 dated 3/2/05, 1 dated 2/27/05,and 1 dated 6/2/05
This permit, issued on October 24,2005 , 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) 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.
2) 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.
(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
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered � Ch e 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 c 'lions are hereby accepted.
December 31, 2008
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program. Signa o Permittee

Dan Rizzo Permit#102-05
Page 2 of 4
ADDITIONAL CONDITIONS
3) Any material used on the sides of the authorized covered gazebo shall not obstruct view and shall be
permeable t az ater. Screen or wire on the sides along with benches and knee walls are
per � ' t�cs�ifically 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) The pier and associated structures shall have a minimum setback distance of 15' feet between any parts
of the structure and the adjacent property owner's riparian access corridor. In order to ensure
compliance with this condition, an as-built survey shall be performed on the docking facilities, and a
copy of the survey provided to the Division of Coastal Management, within 60 days of completion of
construction of these portions of the project.
6) This permit authorizes a maximum of 3 boat slips.
7) This permit authorizes only the docks, piers, and other structures and uses located in or over the water
that are expressly and specifically set forth in the permit application. No other structure, whether
floating or stationary, shall become a permanent part of this docking facility without permit
modification. No non-water dependent uses of structures shall be conducted on, in or over public trust
waters without permit modification.
8) Any portion of the permitted access pier and docking facilities built over coastal wetlands shall not
exceed six feet in width and shall be elevated a minimum of three feet over the wetland substrate as
measured from the bottom of the decking.
9) As depicted in the attached cross section drawing dated 6/2/05, the portion of the access pier crossing
the navigable channel shall be elevated a minimum of 10 feet above normal high water level.
10) The permittee shall maintain the authorized work in good condition and in conformance with the terms
and conditions of this permit. The permittee shall not be relieved of this requirement if he abandons the
permitted activity without having it transferred to a third party.
Excavation
11) In order to protect juvenile shrimp, finfish, and crab populations, no excavation or filling shall be
permitted between April 1 and September 30 of any year without prior approval of the Division of
Coastal Management, in consultation with the Division of Marine Fisheries.
12) No marsh grass shall be excavated and/or filled.
13) Excavation shall not exceed —3 feet below the normal low water level. In no case shall the depth of
excavation exceed the depth of connecting waters.
14) The temporary placement or double-handling of excavated or filled materials within waters or vegetated
wetlands shall not be authorized.

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Dais Rizzo Permit#102-05
Page 3 of 4
ADDITIONAL CONDITIONS
15) All excavated materials shall be confined above mean high water and landward of regularly or
irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spill-over of
solids into any marsh or surrounding waters.
16) The spoil area shall be properly graded and provided a ground cover sufficient to restrain erosion within
thirty(30) working days of project completion.
17) The applicant shall schedule an on-site disposal area inspection prior to beginning any excavation
activities. It is recommended that the applicant contact the appropriate Division Representative at least
two weeks prior to the expected start date.
General
18) 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.
19) The authorized structure and associated activity shall not cause an unacceptable interference with
navigation.
20) 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.
21) The West Indian Manatee (Trichechus manatus), which is listed as a federally endangered species, has
been reported in the waters in Pender County. In order to protect the West Indian manatee all work
should be done during the period from November 1 through May 31. If work must be done during the
period from June through October the enclosed guidelines, entitled "Precautions for General
Construction in Areas Which May Be Used by the West Indian Manatee in North Carolina" must be
followed.
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 [phone] 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.

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Dan Rizzo Permit#102-05 i
Page 4 of 4
ADDITIONAL CONDITIONS
NOTE: The N.C. Division of Water Quality has assigned the proposed project DWQ Project No.
050477.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No.
200500575.

��
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
October 25, 2005
Mr.Dan Rizzo
2127 Harborway Drive
Wilmington,NC 28405
Dear Mr. Rizzo:
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 Xerox stamped "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, [phone] 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,
Douglas V. Huggett
Major Permits and Consistency Manager
Enclosure
400 Commerce Avenue, Morehead City, NC 28557
Phone: [phone]\FAX: [phone]\ Internet: www.nccoastal management,net
An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper

Permit#
DCM Coordinator: iowe.tl
MAILING DISTRIBUTION:,A
Permitee: 00, L- 2-Z r.
Agent:
DCM Field Offices-
Eli
s:
as
Eliorehead Ci
ington
nt
US Army Corps of Engineers(USACE):.
Washington: Mike Bell(NCDOT)
Bill Biddlecome(NCDOT)
Raleigh Bland.
Wilmington: Dav CDOPI
envy Wicke
Others: —
Cultural Resources: Renee Gledhill-Early
Environmental Health: Terry Pierce
Marine Fisheries: Mike Street
NCDOT: Ken Pace
Shellfish Sanitation: Patty Fowler
State Property Office: Joseph Henderson
Water Quality: Cyndi Karoly(for non-DOT)
John Hennessy(NCDOT)
Water Resources: John Sutherland
Wildlife Resources: Maria Tripp
Bennett Wynne
David Cox(NCDOT)
Travis Wilson(NCDOT)
LPO:
FAXING DISTRIBUTION:
Pernlitee 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)
CALLA,Major Permit Process Manual Page 70 of 70

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO November 3, 2005
Regulatory Division
Action ID No. 200500575 and State Permit No. 102-05
Nov Q 7 t
2005
M°reheaal Cif
Mr. William J. Branch
y DCM
114 Old Camp Road
Wilmington, North Carolina 28409
Dear Mr. Branch:
Through coordination with the North Carolina Division of Coastal Management, we have
learned of your request to transfer Dan Rizzo Department of the Army(DA) permit which was
issued on August 31, 2005 to William J. Branch. This permit authorized to excavate a small boat
basin and construct a private pier, gazebo, boat lift and floating docks at 2501 Shandy Lane,
adjacent to the south of Bradley Creek, Wilmington, in New Hanover County,North Carolina.
The proposal continues to be consistent with the provisions and objectives of general
permit No. 198000291. The permit is hereby transferred. It is understood that all other
conditions of your permit remain applicable and will expire December 31, 2010. (copy
enclosed).
If you have any questions or comments you may call me at [phone].
Sincerely,
Henry Wicker, Project Manager
Wilmington Regulatory Field Office
Enclosure

Copies Furnished(without enclosure):
Chief, Source Data Unit
NOAA/National Ocean Survey
ATTN: Sharon Tear N/CS261
1315 East-West Hwy., Rm. 7316
Silver Spring, MD 20910-3282
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of
Environment and Natural Resources
400 Commerce Avenue
Morehead City,NC 28557-3421
Mr. Jim Gregson, District Manager
Wilmington Regional Office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington,North Carolina 28405
2

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
MEMORANDUM [ /
TO: Doug Huggett w/2
DCM-Major Permits vas
FROM: Robb Mairs
DCM-Wilmington
THRU: .1im Gregson -=
DCM Wilmington
RE: Permit Transfer- CAMA Permit#102-05
William J. Branch
New Hanover County
DATE: October 17,2005
Mr.R. Daniel Rizzo,buyer of 2501 Shandy Lane, is requesting a transfer of Permit#102-05 to R.Daniel Rizzo. State
Permit#102-05 was issued to William J. Branch on August 11,2005 for a private docking facility located at 2501 Shandy Lane,
Wilmington,N.C.,New Hanover County. The permit is set to expire on December 31, 2008.
Mr. Rizzo states that the transferred permit will be used for the purposes for which it was issued;that there will be no
change in the conditions, circumstances, or facts affecting the project.
The buyer has submitted a check(ck.# 1082)in the amount of$100.00 for the transfer request,as well as a copy ofthe
deed to the property.
This Office has no objection to the permit transfer request.
Enclosures
cc: WiROliles
Doug I luggett
Henry Wicker
127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845
Phone: [phone]\Fax: [phone]\Internet: http://www.nccoastalmanagement.net
An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper

Dan Rizzo
2127 Harborway Drive
Wilmington,NC 28405
September 22, 2005 �' 7 N15
NM®reheao 4.way ,
N.C. Department of Environment and Natural Resources DCM WILMINGTON, NC
Division of Coastal Management
400 Commerce Avenue O C T 0 4 2005
Morehead City,N.C. 28557
Re: Permit Number: 102-05
Permit Class: New
Permit issued to: William J. Branch
Property Address: 2501 Shandy Lane
Wilmington,NC 28403
Gentlemen:
Pursuant to 15A NCAC07J.0406 and in connection with the above and as the new owner
of the property in question, I hereby request a transfer to me of the Permit referenced
above. In connection with my request I enclose a copy of the recorded deed from
William J. Branch etux to me and my wife.
I will use the Permit for the purposes for which it was issued. Furthermore,there are no
substantial change in condition, circumstances or facts affecting the project. Moreover,
there is no substantial change or modification of the project proposed in the original
application.
I enclose my check in the amount of$100.00 to NCDENR to cover the transfer fee.
If any additional information is needed,please contact me at your convenience. Thank
you for your consideration of my request.
0an
truly s,
zo
DR:sm
Enclosure

1
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2005041642 F)CM WLMIN0lON, NC
OCT 0 4 2005
DAN RIZZO
FOR REGISTRATA N REGISTER OF DEEDS PO BOX 2676
REBECC SMTH
NEW HANOVER COUNTY, NC SURF CITY NC 28445
2005 JUL 27 08:34:18 AM
BK:4880 P0978-1980 FEE:$17.00
NC REV STRMP:$3,200.00 ���� �
INSTRUMENT # 2005002
Warranty Deed
Excise Tax 3 2�oo.oc- Recording time, book and page
Parcel Identifier No.R06300-001-014-000
No certification or opinion on title is expressed by the preparer of this deed except as may app `
signed certificate or opinion. Bart
Prepared by: James B. Snow III 0 t
Hogue,Hill,Jones,Nash&Lynch,L.L.P. S E P 2 7 2005
P. O.Drawer 2178
Wilmington,NC 28402
Grantee mailing address: a I �,~] 0't61Ct 1�u. 1//` 1 JJ1 f YS'!I � o- '"�(r i®�t�i e j D M
Returned to: R. Daniel Rizzo, Esq.
STATE OF NORTH CAROLINA
WARRANTY DEED
COUNTY OF NEW HANOVER
KNOW ALL MEN BY THESE PRESENTS that WILLIAM J. BRANCH and wife
LESLIE L. BRANCH, "GRANTOR;" in consideration of TEN AND N01100 ($10.00)
DOLLARS and other good and valuable consideration, paid to GRANTOR by R. DANIEL
RIZZO and wife JUDITH F. RIZZO, "GRANTEE," the receipt of which is hereby
acknowledged,by these presents, does give, grant,bargain, sell and convey unto the said
GRANTEE, and GRANTEE'S heirs, successors, and assigns, forever, in fee simple, all that
certain lot or parcel of land located in the County of New Hanover, State of North Carolina, and
more particularly described as follows:
BEING all that property shown on a map entitled"MAP OF SURVEY FOR DOUGLAS
V. BLUNT EMILY S. BLUNT"prepared by Robert H. Goslee & Associates and recorded in
Map Book 27, Page 27, of the New Hanover County Registry, excluding however, the easement
for access shown thereon, which was released by the Grantor by instrument recorded in Book
4228, at Page 217, of the New Hanover County Registry.
TOGETHER WITH an access easement, as described in Deed of Easement from John
Russell Hicks, and spouse, Carolyn T. Hicks, to William J. Branch, dated March 8, 2004, and
recorded on March 11, 2004, in Book 4228 at Page 213 of the New Hanover County Registry, to
which reference is made for a more complete description.
Also together with all right and title of the Grantor in all property described in deeds recorded in
Book 389, at Page 62, and in Book 389, at Page 63, and in Book 4528, at Page 670, of the New
Hanover County Registry, not included in the foregoing description, if any.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and

• 1
appurtenances thereto belonging, to the said GRANTEE and said GRANTEE's heirs, successors,
and assigns, forever, in fee simple; and the GRANTOR, for itself, its successors and assigns,
does covenant with the said GRANTEE and said GRANTEE's heirs, successors and assigns, that
GRANTOR is seised of the premises in fee simple, and has the right to convey the same in the
estate aforesaid, that title is marketable and free and clear of all encumbrances, except as herein
stated, and that GRANTOR hereby will warrant and defend the title agai
all perso
ns ns whomsoever, except for the exceptions herein stated. SEP 7 2005
2
Title to the property is subject to the following exceptions:
Morehead City DC
The provisions of all applicable zoning and land use ordinances, statutes and regulations;
current year ad valorem taxes; and
all applicable restrictive covenants and utility easements of record;
Any portion of the property described in deeds recorded in Book 389, at Page 62, Book
389, at Page 63, and in Book 4528, at Page 670, of the New Hanover County Registry,
which is not included in the property described in Map Book 27 at Page 27 of the New
Hanover County Registry, if any, is excluded from warranty.
The designation GRANTOR and GRANTEE as used herein shall include said parties,
their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or
neuter as required by context.
IN WITNESS WHEREOF, the GRANTOR has hereunto set his hand and seal, or if
corporate, has caused this instrument to be signed in its corporate name by its duly authorized
officer, this the l4 day of
(SEAL)
WILPAM J. BRANCH
(SEAL)
LES IE L. BRANCH
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, a Notary Public in and for the State of North Carolina and County of New Hanover, do
hereby certify that WILLIAM J. BRANCH and wife LESLIE L. BRANCH,personally appeared
before me this day and acknowledged the due execution of the foregoing instrument.
Witness my hand and notarial seal, this day of , VY
My Commission Expires —� L1�1 Ak ` O
(OFFICIAL SEAL) Notary Public
IE!'
NOTARY _
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