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HomeMy WebLinkAbout52-05 Oceana Marina, LLC OCT-31-P-005 13:49 From: To:4 P.2'4 Permit Class Permit Number NEW (Express Permit Program) 52-05 STATE OF NORTH CAROLINA 0 v Department of Environment and Natural Resources and Coastal Resources Commission Q, t } for X Major.Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or milling pursuant to NCGS 113.229 Issued to Oceans Marina L,L.0 c/o Vaughn-King, 1535 Caralef h Mille Ct. 1.1.5 Ralei h NC 27603 Authorizing development in New Hanover County at ac it to the AiWW and Carolina,Beach Yacht Basin,._0_401. Darin St.. i Carolina Beach. N as requested in the permittee's application dated_la/16(04.LMP-1& MP-ZI including the attached work plan drawings(2)dtd, rcv. 3/10/0S and tho COI:app, wetlands del. map dtd, 3/02!_05._ This permit, issued of APEU l 1.-2005.-.. is subiect to compliance with the application (where consistent with the permit), all applieablo regulations, special conditions and notes set forth below. Any violation of these terms may be subiect to tines, imprisonment or civil action; or may cause the permit to be null and void. EXCAVATION 1) In order to protect juvenile Fish and shrimp populations, no excavation or filling shall take place between April 1 and September 30 of any year without prior approval from the Division of Coastal Management, in consultation with the Division of Marine Fisheries, 2) No vegetated wetlands shall be excavated and/or filled,even temporarily. 3) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. (Sec attached sheets for Additional Conditions) This permit action may be appealed by the permiuco or Signed by the authority of the Socretary of DENK 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, r This permit must be accessible on-site to Department personnel when the project is inspected for compliance. Charles S. Tones,Director Any maintenance work or project modilicution not covered vision of Coastal Management hereunder requires further Division approval, All work must cease when the permit expires on This permit nd its conditions are hereby accepted. ecemher,31-2009 in issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal VAV Management Program. Signature of Permittee OCT-31-V005 13:49 From: To:4 P.3/4 r4) eans Marino,LLC :Permit#52-05 Page 2 of 3 ADDITIONAL, CONDITIONS All excavated materials shall be confined landward of the Normal High Water(NHW)elevation contour within adequate dikes or other retaining structures to prevent spillover of solids into any vegetated wetlands or surrounding waters. 5) This permit only authorizes the excavation activities indicated on the attached workplan drawings. 6) Excavation shall not exceed—6 feet below the elevation of Normal Low Water(NLW). 7) The terminal end of the pipeline from the dredge area into the diked retention area shall be positioned at or greater than 50 feet from any part of the dike and a maximum distance from spillways to prevent dike erosion and to allow adequate settlement of suspended solids. 8) A water control structure shall be installed at the intake end of the effluent pipe leading from the retention area in order to ensure maximum settlement of suspended solids. 9) The disposal area effluent shall be contained by pipe, trough,or similar device to a point at or beyond the Mean Tow Water(MLW) level to prevent gully erosion and unnecessary siltation.. 10) This permit does not authorize the interference with any existing or proposed Federal project,and the pennittee 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 11) No attempt shall be made by the permittee to prevent the full and free use by the public of aJl navigable waters at,or adjacent to,the authorized work. Use of the permitted activity shall not interfere with the public's right to free navigation on all navigable waters of the United States. 12) No excavated or fill material shall be placed in any location or in any manner so as to impair surface water flow into or out of any wetland area. 13) The activities shall be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction related discharge. Increases in turbidity of 25 NTU's or less are not considered significant. SacdiMentation and Erosion Contryki 14) Appropriate sedimentation and erosion control devices, measures or structures (e.g. silt fence,diversion swales or berms, etc.) shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and/or properties. 15) In order to protect water quality, runoff from construction shal l not visibly increase the amount of suspended sediments in adjacent waters. OCT-31-2,005 13:49 From: To:4 P.4/4 Ocoana Marina,LLC hcrmit#52.05 Page 3 of 3 ADDITIONAL CONDITIONS NOTL An erosion and Sedimentation.Control flan will be required for this project. This plan must be filed at least thirty(30)days prior to the beginning of any land disturbing activity. Submit this plan to the Department ofEnvironment and Natural Resources,Land Quality Section, 127 Cardinal Drive Extension, Wilmington,NC 2840$. General 16) The permittee is advised that if discharges or till material from waters closed to the harvest of shellfish are placed in areas adjacent to waters that are open to the harvest of shellfish,a minimum of 24 hours prior notification shall be given to the Shellfish Sanitation and Recreational Water Quality Section so that appropriate temporary closures to the harvest of shellfish may be put in place.Contact Shellfish Sanitation at(252) 726-7021 for further information. This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE; The N.C. Division of Water Quality has authorized the proposed project under General Water Quality Certification No. 3400(DWQ Prgiect No. 050486),which was issued on 4/11/05, NOJE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id.No, 200500556, NO • Future development of the pernikiee's property may require a modification of this permit. Contact a representative of-the'Division at(910) 395.3900 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 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Oceana Marina,LLC and Oceana Homeowners Association(HOA) 2. LOCATION OF PROJECT SITE: The project is located at 401 Marina Street,adjacent to the Atlantic Intracoastal Waterway and Carolina Beach Yacht Basin, in Carolina Beach,New Hanover County. Photo Index- 2000:21-259, 18,19 Q,R 1995: 21-245,20,21,22 Q 1989: 177-19,9,10,11 N State Plane Coordinates-X: 2336751 Y: 114142 GPS-0-011717A 3. INVESTIGATION TYPE: CAMA/Dredge and Fill 4. INVESTIGATIVE PROCEDURE: Date of Site Visit—01/17/05 Was Applicant Present-No 5. PROCESSING PROCEDURE: Application Received—01/19/05, completed on 03/11/05 Office-Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan New Hanover County Land Classification From LUP—Developed (B) AEC(s)Involved: OW,PT,EW Water Dependent: Yes (D) Intended Use: Commercial (E) Wastewater Treatment: Existing—Municipal Planned:None (F) Type of Structures: Existing—Ocean Marina(including marina,dockhouse, gas/diesel tanks,maintenance building,break water wall,bulkhead and docking system) Planned -None (G) Estimated Annual Rate of Erosion: N/A Source-N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A)Vegetated Wetlands (B)Non-Vegetated Wetlands(Open water) 258,534 sq ft 5.94 acres Fred Graham Island (C)Other—Highground (Spoil Disposal) 379,620 sq ft (8.71 acres) (D) Total Area Disturbed: 638,154sq ft(14.65 acres) (E) Primary Nursery Area:No (F) Water Classification: SB Open:NO—dredge areaYES—disposal area(discharge site) 8. PROJECT SUMMARY: The applicant proposes to perform maintenance dredging around the existing boat slips within the Oceana Marina,LLC and Oceana Homeowners Association boat basin. Oceana Marina, LLC and Oceana HOA Page Two 9. PROJECT DESCRIPTION Vaughn King, on behalf of Oceana Marina, LLC, has requested that the attached application be processed under the Express Permit Review Program. The project site is located at 401 Marina Street,adjacent to the Atlantic Intracoastal Waterway and Carolina Beach Yacht Basin,in Carolina Beach,New Hanover County. To get to the site,take Hwy 421 south from Wilmington into Carolina Beach. Turn left onto Carl Winner Dr.,then left on Canal Dr. Continue on Canal Dr. and turn left onto Georgia Ave. (Georgia Ave becomes Marina Street). The marina is located at the far end of Marina Street. The lot averages 6-10 feet above mean sea level. Oceana Marina currently operates as a full-service residential and commercial docking facility. The Oceana Marina facility is comprised of approximately 7.98 acres and is located at the far end of the Oceana subdivision.The facility is used to provide marina services to the residents of the Oceana subdivision,as well as for commercial use.Existing man-made features on the tract include:A dock house/grill,a docking facility,maintenance building,AST(Above Ground Storage Tank)system,a bulkhead and a breakwater wall.The tract is developed with very little vegetation.Lawn grasses and ornamental landscaping represent the majority of on-site vegetation.However, the disposal site (owned by Mr. Fred Graham) exhibits a wider variety of vegetated species including: Live Oaks (Quercus virginiana),Red Cedars(Juniperus virginiana),Wax Myrtles(Myrica cerifera),Briars(Rubus sp.),Catbriar (Smilax sp.),Poison Ivy(Rhos radicans),Yaupons(Ilex vomitoria),Marsh-elder(Iva frutescens)and Grounsel-bush (Baccharus halimifolia).A section of coastal marsh exists along the perimeter of the spoil island and consists primarily of Smooth Cordgrass Marsh (Spartina alterniflora) and Black Needle Rush (Juncus roemarianus). Upper coastal wetlands species such as Salt Grass(Distichlis spicata),interspersed with Sea Lavender(Limoium carolinanum),Salt Meadow Hay (Spartina patens) and Sea Ox-eye (Borrichia frutescens) complete the transitional area to the high ground. There is a thin strip of"404 type" wetlands located on the landward site of the coastal marsh along the transitional area that has been delineated and approved by the U.S. Army Corp of Engineers. The New Hanover County Land Use Plan classifies the area in the vicinity of the project area,as Developed.The waters in the project area are classified as SB by the N.C.Division of Water Quality.They are NOT designated as a Primary Nursery Area(PNA)by the N.C. Division of Marine Fisheries. The waters in the vicinity of the boat basin are CLOSED to the harvest of shellfish,however,the waters adjacent to the spoil island and discharge area are OPEN to shellfish harvesting. The Oceana Marina facility is processing this major permit application for maintenance dredging due to an oversight,which ultimately led to the expiration of the previous maintenance permits. CAMA Major/Dredge and Fill Permit# 13-81 was originally issued to Spinnaker Pointe during 1981. The permit was transferred to Southern National Bank in 1990,and in 1991,the permit was transferred to Coquina Harbor of Carolina Beach. The last permit transfer and renewal was made in 1994 in the name of Coquina Harbor at Carolina Beach,Inc. Since that time,a number of general permits have been issued to Oceana Marina for maintenance dredging of 1,000 cubic yards or less of material.The previously issued permits included dredging activities in the areas surrounding the floating docks as well as the entrance to the boat basin. The applicant has historically used, and maintained,the same disposal area that is included as part of this permit application. PROPOSED PROJECT Oceana Marina,LLC and the Oceana Homeowners Association, is proposing to perform maintenance dredging within the area surrounding the existing boat basin.The proposal includes the removal of approximately 24,200 (813' x 318')cubic yards of material from the existing boat basin. The applicant previously maintained a depth of approximately—6' below Mean Low Water(MLW)within the boat basin. The material in the area surrounding the boat basin would be excavated from the waterward edge of the existing bulkhead, out to the inside edge(basin limits)of the existing breakwater wall. Oceana Marina, LLC and Oceana HOA Page Three According to the applicant,the entrance channel would not be excavated due to existing water depth measurements (already at—6' MLW). The material would be hydraulically dredged and disposed of on a remote island located on the northern end of Carolina Beach.The island has historically been used as a disposal site for numerous facilities in the area. The disposal island currently has an existing containment area with dike walls and a spillway.However,due to the volume of material being placed on the island as part of this project,the disposal limits would need to be expanded. The proposed disposal area,as measured around the perimeter of the dike wall,would be 740' x 513'. The material would be pumped along the western side of the island and would enter the containment area in the southwest corner of the settling pond(later referred to as"pond"). The inline pipe would be located a minimum of 50' from any nearside edge of the dike wall.The interior portion of the pond would be graded and would drain from south to north.The collection box and riser would be located in the northeast corner of the pond and would spill out into an adjacent creek that is connected to Carolina Beach Inlet. As indicated by the applicant,the dredge pipe would be located below the MLW line and would extend out beyond the nearshore edge of the coastal marsh. According to the application package and site drawings,the outfall pipe would be positioned to provide a separation of approximately 10' from the top of the dike walls. 10. ANTICIPATED IMPACTS The proposed maintenance dredging would disturb approximately 258,534 square feet of previously excavated bottom area.The project would include the removal of approximately 24,200 cubic yards of material from the system.Minor increases in turbidity should be expected during excavation,however no long term adverse impacts are anticipated. The proposed dredging and pumping into open waters would likely cause a temporary closure by the Div. of Environmental Health, Shellfish Sanitation Section. Spoil disposal would disturb approximately 8.71 acres of high ground at the proposed disposal island. A Sedimentation and Erosion Control Plan would be required for the disposal site.Additionally,the applicant would also be required to obtain a 401 Water Quality Certification from the Division of Water Quality prior to project initiation. Submitted by: Jason Dail Date: 3/14/05 Office: Wilmington Recommendations for State Permit—Oceana Marina,LLC and Oceana Homeowners Assoc. Because this area of the AIWW is maintained for commercial navigation,I recommend the project be approved with a five(5)year maintenance clause of the following conditions 1. In order to protect juvenile shrimp and finfish populations,no excavation or filling will be permitted between April 1 and September 30 of any year without the prior approval of the Division of Coastal Management, in conjunction with the Division of Marine Fisheries. 2. Excavation will not exceed-6 feet below the normal water level 3. The temporary placement or double-handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 4. No excavated or fill material will be placed at any time, in any marsh or surrounding waters,outside of the alignment of the fill area indicated on the workplat(s). 5. All unconsolidated material resulting from associated grading and dredge spoil placement shall be retained on site by effective sedimentation and erosion control measures. Prior to any land-disturbing activities, a barrier line of filter cloth must be installed between the land disturbing activity and the adjacent marsh or water areas, until such time as the area has been properly stabilized with a vegetative cover Form DCM-MP-1 APPLICATION (To be completed by all applicants) b. City, town, community or landmark 1. APPLICANT c. Street address or secondary road number a. Landowner: !J 6I M At'i nJA S ff-led— Name �fi�►A1 )4 rni41'�r�� �.,►..(., d. Is proposed work within city limits or planning ® jurisdiction? ✓ Yes No Address i S7 3J CAEA)6i —1 M I S C.T i iS- a e. Name of body of water nearest project (e.g. river, City e,` ' State��_ creek, sound, bay)— s�c:�j5 �4�r-'�r Zip o'to 03 Day Phone C(i9_ JYa1-2,736 Fax q10- y�-� _9 ?1y 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT b. Authorized i Agent: Name Vi4ulr kh/ �'jnla a. List all development activities you propose (e.g. building a home, motel,marina,bulkhead,pier,and �y excavation and/or filling activities. Address l`� /'l ;i1i4 M C AA; D, City LAW,V � 04 State A16 Zip Day Phone aZ-* b. Is the proposed activity maintenance of an existing project, new work, or loth? R-xi5j'-� r `ez1' Fax 9/0 ""LISP- 9�/`7? Ili c. Will the project be for public,pri ate or commercial use? `P Ao1�c- c. Project name (if any) Ocic-AA/W �4.^y✓f9 d. Give a brief description of purpose,use,methods of construction and daily operations of proposed NOTE Pon&wiU be issued in name of hvdowwr(s),anaior project. If more space is needed, please attach pmjecr n�. additional pages. ►e o IF e I e l � C' co, i JC h.4t -S ;N 'Me VVVSrV. • J -K 2. LOCATION OF PROPOSED is r= Ali- PROJECT e a. County iv &iyeeek ch JAN � 92005 Revised 03/95 DIVISION OF COASTAL MANAGEMENT Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND • A Stormwater Certification, 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 signed return receipts as proof that such owners the application. The project will be subject to conditions have received a copy of the application and plats and restrictions contained in the permit. by certified mail. Such landowners must be advised that they have 30 days in which to submit comments I certify that to the best of my knowledge,the proposed activity complies with the State of North Carolina's on the proposed project to the Division of Coastal approved Coastal Management Program and will be Management. Upon signing this form, the applicant further certifies that such notice has been provided. conducted in a manner consistent with such program. Name I)4kt ;e t 1��� )�crn s I certify that i am authorized to grant, and do in fact, Address �311 luc-tyuc- C t� !.) RV, grant permission to representatives of state and federal Phone 9/0 4SS review agencies to enter on the aforementioned lands in connection with evaluating information related to this Name Crp'i� (,� c�R permit application and follow-up monitoring of the Address Sao y/ fj�N�r��L) CWpl-.aa Bh project. Phone 210 - N r] I - r7(c s3 I further certify that the information provided in this Name Address application is truthful to the best of my knowledge. Phone :Q • A list of previous state or federal permits issued for This is the day of becembu—, work on the project tract. Include permit numbers, Print Name permittee, and issuing dates. �j-©A C�C9►y� eeNr�,�ac L I f✓� aZ Signature Umdowner or Authorized Agent re� d�o�& • A check for$250 made payable to the Department of Please indicate attachments pertaining to your proposed Environment, Health, and Natural Resources project. (DEHNR) to cover the costs of processing the L DCM MP-2 Excavation and Fill Information application. _.__ DCM MP-3 Upland Development • A signed AEC hazard notice for projects in _' DCM MP-4 Structures Information DCM MP-5 Bridges and Culverts oceanfront and inlet areas. -_-_ DCM MP-6 Marina Development • A statement of compliance with the N.C. NOTE Please sign and date each attachment in the Environmental Policy Act (N.C.G.S. 113A - 1 to TIM a»t of each form. 10) If the project involves the expenditure of public D IT funds or use of public lands, attach a statement documenting compliance with the North Carolina JAN'1 9 20� Environmental Policy Act. DIVISION OF COASTAL MANAGEMP"` 7 Revised 03195 Form DCM-MP-1 -- m. Describe existing wastewater treatment facilities. 4. LAND AND WATER 5' i jr,� c C � I:,�.� CHARACTERISTICS a. Size of entire tract 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 effl ent, "wash down" and residential discharges.) c. Approximate elevation of tract above MHW or NWL Vf R d, Soil type(s) and texture(s) of tract o. Describe existing drinking water supply source. CJ '&tick e. Vegetation on tract f. Man-made features now on tract Xn ,n: , /11,48r,.UA b,ee+k 1""4,to 5. ADDITIONAL INFORMATION g. What is the CAMA Land Use Plan land In addition to the completer) application form, the classification of the site? (Consuh the local land use plan.) following items must be submitted: Conservation Transitional _y/ Developed Community • A copy of the deed (with state application only) or Rural --Other other instrument under which the applicant claims title to the affected properties. If the applicant is not h. How is the tract zoned by Iocal 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 permission i. Is the proposed project consistent with the applicable from the owner to carry out the project. zoning? Yes No (Attach toning crnmpGan- -rri icarc, if appli-bk) • An accurate, dated work plat (including plan view and cross-sectional drawings)drawn to scale in black j. Has a professional archaeological assessment been ink on an 8 I/2" by 11" white paper. (Refer to done for the tract? Yes t�—' No Coastal Resources Commission Rule 7J.0203 for a If yes, by whom? detailed description.) k. Is the project located in a National Registered Please note that original drawings are preferred and Historic District or does it involve a National only high quality copies will be accepted. Blue-line Register listed or eligible property? prints or other larger plats are acceptable only if an Yes ✓ No adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of 1. Are there wetlands on the site? — Yes �No Engineers regarding that agency's use of larger Coastal (marsh) Other drawings.) A site 1 tign m part of plat If yes, has a delineation been conducted? requ ntt'd dui u s is detailed to (Atroch doarn+e»rcuion, if a,+ailabk) guide, e}'s6 a unfamiliar w e area to the J AN 1 9 2005 DIVISION OF Revised 03/95 COASTAL MANAGEMENT Form DCM-W-2 EXCAVATION AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all 1. EXCAVATION other sections of the Joint Application that relate to this proposed project. a. Amount of material to be excavated from below Describe below the purpose of proposed excavation or MHW or NWL in cubic yards vs 4. fill activities. All values to be given in feet. b. Type of material to be excavated f Average Final Existing Project c. Does the area to be excavated include coastal Length Width Depth Depth wetlands (marsh), submerged aquatic vegetation Access 3 (SAVs)or other wetlands? Yes No dchannel `` , / A (MLW)or(NWL) I I 1V i F d. Highground excavation in cubic yards WIA Canal MIA W)A 2. DISPOSAL OF EXCAVATED Boat r w MATERIAL basin S13 318 y4 _3�� _ 4, a. Location of disposal area �IofA,' 1✓VA o� Boat ramp 0p} (Jla ILIA 1S I!`� b. Dimensions of disposal area �y�1)^ X o7$�► LA) Rock groin NIA 416 c. Do you claim title to disposal area? Yes t/No Rock If no, attach a letter granting permission from the breakwater ' ��} �' - owner. Other d. Will a disposal area be available for future (Excluding A J maintenance? Yes No shoreline 'v ( ' If yes, where? e stabilization) et JAH � 9 � . DIV I Nj�NAGEMENT Revised 03/95 COASTAL Form DCM-MP-2 e. Does the disposal area include any coastal wetlands If yes, (marsh), SAVs or o r wetlands? (1) Amount of material to be placed in the Yes o water NIA- (2) Dimensions of fill area f. Does the disposal in4ode any area in the water? Yes No (3) Purpose of fill N b. Will fill material be placed in coastal wetlands 3. SHORELINE STABILIZATION (marsh), SAVs or othe wetlands? Yes 7No If yes, a. Type of eline stabilization (1) Dimensions of fill area 4I A Bulkhead Riprap �� I� (2) Purpose of fill MIA b. Length c. Average di tance waterward of MHW or NWL 5. GENERAL d. Maximum dist ce waterward of MHW or NWL a. How will excavated or fill material be kept on site e. Shoreline erosion ring preceding 12 months and erosion controlled? 1);1Z�� III Z►5�2�, CroS�on- Gonr�rot Se��Q�`'� (Source of information) f. Type of bulkhead or rip p material b. What type of construction equipment will be used (for example, dragiine, backhoe, or hydraulic g. Amount of fill in cubic y s to be placed below dredge)? (� water level ���cQFr�ul{L re g- (1) Riprap (2) Bulkhead backfill c. Will wetlands be cr, in transporting equipment h. Type of fill material to project site? Yes No If yes, explain steps that will be taken to lessen environmental impacts. V i. Source of fill material td):II Rum NCV-+n Sour s 6 MAI/ 20C.Lkv ' � ,+,v s. 4. OTHER FILL ACTIVITIES o v'9 Applicant or Pro ., (Excluding Shoreline Stabilization) Sipature F a. Will fill material b'a"ght to site? X�(o - ' . i►�. Yes ✓ No Date O� P'L Nam'# •� G Revised 03l95 r , U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id.200500503 County: New Hanover U.S.G.S.Quad: NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Agent: Oceana Marina,LLC Address: c/o Eric Sanderson 401 Marina Street Carolina Beach,NC 28428 Telephone No.: ((10)547-5313 Property description: Size(acres) 30 acres Nearest Town Carolina Beach Nearest Waterway AIWW River Basin AIWW USGS HUC 03020302 Coordinates N 34-04-29 W 77-52-57 Location description Spoil Island 1 mile north of Oceana Marina Indicate Which of the Following Apply: Based on preliminary information,there may be wetlands on the above described property. We strongly suggest you have this property inspected to determine the extent of Department of the Army(DA)jurisdiction. To be considered final,a jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process(Reference 33 CFR Part 331). X There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations,this determination may be relied upon for a period not to exceed five years from the date of this notification. _ There are wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water Act(CWA)(33 USC§ 1344). Unless there is a change in the law or our published regulations,this determination may be relied upon for a period not to exceed five years from the date of this notification. We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our present workload,the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation,you may wish to obtain a consultant. To be considered final,any delineation must be verified by the Corps. The wetland on your property have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion,this survey should be reviewed and verified by the Corps. Once verified,this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which,provided there is no change in the law or our published regulations,may be relied upon for a period not to exceed five years. X_ The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on March 2,2005. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ There are no waters of the U.S.,to include wetlands,present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act(33 USC 1344). Unless there is a change in the law or our published regulations,this determination may be relied upon for a period not to exceed five years from the date of this notification. X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Wilmington,NC,(910)395-3900 to d i requirements. j 0 2005 MAR \ N of MEND Div M p`o,N PGE Page 1 of 2 CO p,S�F� Action ID: Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act(33 USC§ 1311). If you have any questions regarding this determination and/or the Corps regulatory program,please contact Henry Wicker at(910)251-4930. Basis For Determination: The wetlands are adjacent to the AIWW: Remarks: I Corps Regulatory Official: J/L� Date March 2,2005 Expiration Date March 2,2010 Corps Regulatory Official(Initial): FOR OFFICE USE ONLY: • A plat or sketch of the property and the wetland data form must be attached to the file copy of this form. • A copy of the"Notification Of Administrative Appeal Options And Process And Request For Appeal"form must be transmitted with the property owner/agent copy of this form. • If the property contains isolated wetlands/waters,please indicate in"Remarks"section and attach the "Isolated Determination Information Sheet"to the file copy of this form. Ma \S�oN o AMEN Page 2 of 2 G�PS1 P NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Oceana Marina, LLC File Number: 200500503 Date: March 2, 2005 Attached is. See Section below INITIAL PROFFERED PERMIT(Standard Permit or Letter of A permission) PROFFERED PERMIT Standard Permit or Letter ofpermission) B PERMIT DENIAL C X APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I- The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at h"://www.usace.gM.mil/inet/functions/cw/cecwo/reg or Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit,you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission(LOP),you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety,and waive all rights to appeal the permit,including its terms and conditions,and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit(Standard or LOP)because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a)modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or(c)not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections,the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit,you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission(LOP),you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety,and waive all rights to appeal the permit,including its terms and conditions,and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP)because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. Thi must be received by the division engineer within 60 days of the date of this notice. O`J�S�P�P 00 PS�P� D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety,and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD,you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II-REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision If you only have questions regarding the appeal process you and/or the appeal process you may contact: may also contact: Henry Wicker, (910) 251-4930 Mr.Mike Bell,Administrative Appeal Review Officer CESAD-ET-CO-R U.S. Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room 9M15 Atlanta, Georgia 30303-8801 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. DIVISION ENGINEER: Commander U.S.Army Engineer Division,En g South Atlantic O Q 60 Forsyth Street,Room 9M15 MPS SOON 0!0N� Atlanta, Georgia 30303-3490 PIN- GO December 1,2004 To Whom It May Concern: I hereby give my complete authorization to Eric Sanderson to act as a consultant for Oceana Marina, LLC 401 Marina Street Carolina Beach,NC 28428. Eric has my permission apply for on my behalf and obtain any permits that deal with the above titled company. Sincerely, V-1 Vaughn King President Oceana Marina, LLC PAP o. OP G . I a, DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Oceana Marina,LLC and Oceana Homeowners Association(HOA) County:New Hanover LOCATION OF PROJECT: 401 Marina Street, adjacent to the Atlantic Intracoastal Waterway and Carolina Beach Yacht Basin, in Carolina Beach. DATE APPLICATION RECEIVED COMPLETE BY FIELD: January 19, 2005 FIELD RECOMMENDATION: Attached: YES To Be Forwarded:No CONSISTENCY DETERMINATION: Attached:No To Be Forwarded:Yes FIELD REPRESENTATIVE: Jason Dail DISTRICT OFFICE: Wilmington DISTRICT MANAGER REVIEW: Annrebead 614 0CM B) DATE APPLICATION RECEIVED IN RALEIGH: k FEE REC'D:$.Z 000. PUBLIC NOTICE REC'D: 0.3 It ZZOS END OF NOTICE DATE: ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: APPLICATION ASSIGNED TO: I ON: ,`ad�°5� C) 75 DAY DEADLINE: _ 17S�Z5/Q� 150 DAY DEADLINE: MAIL OUT DATE: STATE DUE DATE: FEDERAL DUE DATE: FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATECOMMENPS OBJECTIONS: NOTES RETURNED YES NO Coastal Management-Regional Representative Coastal Management-LUP Consistency Division of Community Assistance Land Quality Section Division of Water Quality Storm Water Management(DWQ) State Property Office Division of Archives&History Division of Environmental Health Division of Highways Wildlife Resources Commission Division.of Water Resources Division of Marine Fisheries Submerged Lands(DMF) Y �OF WATF9O Michael F. Easley, Governor t O G William G. Ross, Jr., Secretary c North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality April 11, 2005 0 Oceana Marina, LLC Mr. Vaughn King 1535 Caraleigh Mills Ct �. Raleigh,NC 27603 SUBJECT: Approval of 401 Water Quality Certification and Additional Conditions Oceana Marina,LLC and Oceana HOA DWQ Project#050486 New Hanover County Dear Mr.King: You have our approval, in accordance with the attached conditions(WQC#3400)to conduct the following activity located at your property located at 401 Marina Street Carolina Beach,New Hanover County. This approval allows you to: 1. Conduct maintenance dredging for approximately 813' X 318' boat basin to a depth of—6.0 mlw (approximately 24,200 cubic yards of material); This approval is only valid for the purpose and design that you described in your 401 Express permit application application received by the Division of Water Quality(DWQ)Wilmington regional Office (WiRO) on April 11,2005. After reviewing your application,we have determined that General Water Quality Certification Number 3400 covers this activity. This Certification allows you to use your CAMA Permit when the NC Division of Coastal Management issues it. Please keep in mind that there may be additional Federal, State or Local regulations applicable to your project, such as(but not limited to) Sediment and Erosion Control,Non-Discharge and Water Supply Watershed regulations,NPDES and Coastal Stormwater. In addition,this approval will expire when the accompanying CAMA Permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your completed CAMA Major Permit application received as complete by the Division of Coastal Management on March 11, 2005. If you change or modify your project,you must notify the Division(DWQ)in writing and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project(now or in the future) exceed one acre,compensatory mitigation may be required as described in 15A NCAC 2H .0506(h). For this approval to be valid,you must follow the conditions listed in the attached certification and the additional conditions listed on the following page:, North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone(910)395-3900 Customer Servicel-877-623-6748 Wilmington Regional Office Wilmington,NC 28405-3845 FAX (919)733-2496 Internet: h2o.enr.state.nc.us NOnehCarolina An Equal OpportunitylAffirmative Action Employer—50%Recycled110%Post Consumer Paper Aaturalfif Page Two Oceana Marina, LLC Mr.Vaughn King Project#050486 April 11,2005 1. Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications,the applicant is required to return the attached certificate of completion to this office and a copy to the 401/Wetlands Unit,North Carolina Division of Water Quality, 1650 Mail Service Center,Raleigh,NC,27699-1650; 2. No dredging during periods of peak biological activity(unless written approval is given by the Division of Marine Fisheries). 3. No excavation and no spoil, solids,or fill of any kind shall occur in wetlands,waters,or riparian areas beyond the footprint of the impacts depicted in the CAMA Major Application. All construction activities,including the design, installation,operation,and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. Please notify this Office at the number listed below if any problem arises during the construction of the project that may affect water quality. If you do not accept any of the conditions of this certification,you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition conforming to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,Raleigh,N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the DWQ Permit#050486 under Section 401 of the Clean Water Act. If you have any questions,please telephone Joanne Steenhuis or Edward Beck at 910-395-3900. Sincerely, Alan W. Klimek,P.E.,Director `J Division of Water Quality Attachments: GC#3400 Certificate of Completion cc: Corps of Engineers Wilmington Field Office—Henry Wicker WiRO-Joanne Steenhuis 401 Oversite Unit, Raleigh—Cyndi Karoly CAMA—Jason Dail CAMA—Doug Huggett Consultant—Eric Sanderson March 30, 2005 MEMORANDOM ApR To: Doug Huggett CpAs qC M/�N of Major Permit Processing Coordinator ANAGFMENT From: Ed Jackson Shellfish Sanitation and Recreational Water Quality Section Wrightsville Beach Office Applicant: Oceana Marina, LLC and Oceana HOA Subject: CAMA/Dredge and Fill Permit Application Review Project Location: 401 Marina Street, Adjacent to the Atlantic Intracoastal Waterway and the Carolina Beach Yacht Basin, New Hanover County Proposed Project: The applicant proposes to perform maintenance dredging around existing boat slips within the Oceana Marina, LLC and Oceana HOA boat Basin. The Shellfish Sanitation and Recreational Water Quality Section concerns are centered upon the transfer of soils or waters from closed shellfishing areas to open shellfishing waters in the AIWW during dredging operations. The subject project proposes to relocate all dredge spoils to an existing dredge spoils site to the east side of the AIWW. The waters with in Ocean Marina and extending out to 450 feet from the last slip are closed to shellfish harvesting. The waters in the AIWW adjacent to the spoils site are currently open to shellfish harvesting. As such, the following is requested as a permit condition: If discharges of dredged or fill materials from waters closed to the harvest of shellfish are placed in waters that are open to the harvest of shellfish, a minimum of 24 hours prior notification shall be given to the Shellfish Sanitation and Recreational Water Quality Section so that appropriate temporary closures to the harvest of shellfish may be put in place. Specifically, upon transfer of spoils from the above mentioned site (closed to shellfish harvesting) to the existing spoils disposal site adjacent to the AIWW (open to shellfish harvesting), a temporary closure to shellfish harvesting in waters adjacent to the existing spoils disposal site will be recommended. This closure will extend throughout the dewatering process, and will be lifted upon satisfactory bacteriological sampling after the project is completed. It should be noted that oyster harvesting season in N.C. generally includes the months of October through March. 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 Express Permit March 14, 2005 MEMORANDUM: RECEIVED TO: Linda Lewis MAR 1 5 2005 or Joanne Steenhuis BY: Division of Water Quality vV FROM: Jason Dail '9(( Z117 Express Permits Processing Coordinator MAR 17 20D5 SUBJECT: CAMA/DREDGE & FILL Permit Application Revie T,COAS L l SIGN OF Applicant: Oceana Marina, LLC and Oceana Homeowners Associatio��l EMENT Project Location: 401 Marina Street, adjacent to the Atlantic Intracoastal Waterway and Carolina Beach Yacht Basin, in Carolina Beach,New Hanover County. Proposed Project: The applicant proposes to perform maintenance dredging around the existing boat slips within the Oceana Marina, LLC and Oceana Homeowners Association boat Basin. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 6, 2005. 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. 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 DATE 3—/S-o S 127 Cardinal Drive Ext.,Wilmington, North Carolina 28405-3845 Phone: 910-395-3900\FAX: 910-350-2004\Internet: www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper A NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director VVIliam G. Ross Jr., Secretary 3/14/05 EXPRESS PERMIT MEMORANDUM T Mr. HenryWicker U.S. Army Corpof Engineers 2Cus _ F_ / Jason Dail COAST l V/S/CN Express Permits Coordinator AL MANA0 F E,1�SNT SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Oceana Marina, LLC and Oceana HOA Project Location: 401 Marina Street, Carolina Beach, NC 28428 Proposed Project: Applicant proposes to perform maintenance dredging within the existing marina basin. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 7, 2005. If you have any questions regarding the proposed project, please contact Jason Dail at Ext. 247. When appropriate, in-depth comments with supporting data are 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. ThtS W f �� rtZC [Vr roka i rGti e tk � f�� S /� l n �- SIGNED `� DATE 3 �/� -h S �^' G�- 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 EXPRESS PERMITTING The attached application is being processed through the DENR Express Permitting Program. As such, failure to respond to the Wilmington Regional Office by the listed due-date will be construed as a no comment. The Express Permitting Program does not allow for extensions during the comment period. uivision of coastal management Michael F Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary Express Permit March 14, 2005 TM MEMORANDUM: C.2 IV Tr.9 TO: Dan Sams NA 17 For James Simmons 2005 TL Division of Land Resources DI MANAOEMEWISION OF COASTAL FROM: Jason Dail Express Permits Processing Coordinator SUBJECT: CAMA/DREDGE& FILL Permit Application Review Applicant: Oceana Marina, LLC and Oceana Homeowners Association(HOA) Project Location: 401 Marina Street, adjacent to the Atlantic Intracoastal Waterway and Carolina Beach Yacht Basin, in Carolina Beach,New Hanover County. Proposed Project: The applicant proposes to perform maintenance dredging around the existing boat slips within the Oceana Marina, LLC and Oceana Homeowners Association boat Basin. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 6, 2005. 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. This agency has no comment on the proposed project. )4 This agency approves of the project only if the recommended changes are _J [ incorporated. See attached. �y Eros:.••. � .SGU A�t►l CJDrjlitl �� �,�/�G��7A`► 4+.� o��/"�IIILr �S KI.L��w/� „/^ �is �/�j� This agency objects to the project for reasons described in the attached comments. SIGNED DATE lvl AKu4 17 Zoos 127 Cardinal Drive Ext.,Wilmington, North Carolina 28405-3845 Phone: 910-395-3900\FAX: 910-350-2004\Internet: www.nccoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled\10%Post Consumer Paper Knrmi 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 Express Permit March 14, 2005 MEMORANDUM: l TO: Fritz Rohde W 2 2 7". For Preston P. Pate, Jr., Director Division of Marine Fisheries D M F-H A E 0 T FROM: ason Dail Express Permits Processing Coordinator SUBJECT: CAMA/DREDGE&FILL Permit Application Review Applicant: Oceana Marina, LLC and Oceana Homeowners Association(HOA) Project Location: 401 Marina Street, adjacent to the Atlantic Intracoastal Waterway and Carolina Beach Yacht Basin, in Carolina Beach,New Hanover County. Proposed Project: The applicant proposes to perform maintenance dredging around the existing boat slips within the Oceana Marina, LLC and Oceana Homeowners Association boat Basin. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 6, 2005. 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. This agency has no comment on the proposed project. his agency approves of the project only if the recommended changes Iare incorporated. See attached. N-o 6r to q i'I 1 ip n (- 3 D This agency objects to the project for reasons described in the attached comments. SIGNED DATE -3/)-1 /OS- 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 ALT, 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 Express Permit March 14, 2005 b 5 MEMORANDUM: REC,Ejv �D TO: Linda Lewis BAR or By. J 4 %0ps Joanne Steenhuis Division of Water Quality FROM: Jason Dail Express Permits Processing Coordinator A SUBJECT: CAMA/DREDGE & FILL Permit Application Review PR co� °� /� ??00s Applicant: Oceana Marina, LLC and Oceana Homeowners Assoc AgtvN Op Project Location: 401 Marina Street, adjacent to the Atlantic Intracoastal Waterway an Ta Beach Yacht Basin, in Carolina Beach,New Hanover County. Proposed Project: The applicant proposes to perform maintenance dredging around the existing boat slips within the Oceana Marina, LLC and Oceana Homeowners Association boat Basin. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 6, 2005. 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.Wrettr� Vvs �fS 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 o DATE �t D 127 Cardinal Drive Ext.,Wilmington, North Carolina 28405-3845 Phone: 910-395-3900\FAX: 910-350-2004\Internet: www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper APR 0 4 2005 NCDENR DIVISION OF North Carolina Department of Environment and Natur0GA§bTAe9NAANAGEMENT Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary JimewFeiFELS March 14, 2005 APR - 1 2005 MEMORANDUM: � SHELLFISH SANITATION / TO: Patty Fowler 05 NCDENR-Division of Environmental Health S Shellfish Sanitation Section NF<LFIS"SAiVirgtio M FROM: Jason Dail Express Permits Processing Coordinator S U 13J E C T: CAMA/DREDGE&FILL Permit Application Review Applicant: Oceana Marina, LLC and Oceana Homeowners Association(HOA) Project Location: 401 Marina Street, adjacent to the Atlantic Intracoastal Waterway and Carolina Beach Yacht Basin, in Carolina Beach,New Hanover County. Proposed Project: The applicant proposes to perform maintenance dredging around the existing boat slips within the Oceana Marina, LLC and Oceana Homeowners Association boat Basin. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 6, 2005. 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. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. See A t t✓a G!"-.4 /Vt e��D This agency objects to the project for reasons described in the attached comments. OL. P✓ �Q Pu t�:SIGNED DATE 3" 3 4-d 5_ 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 Charles S. Jones, Director William G. Ross Jr., Secretary Express Permit March 14, 2005 MEMORANDUM: MAR TO: Joe Henderson i NC Dept. of Administration -- -- State Property Office FROM: Jason Dail Express Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Oceana Marina, LLC and Oceana Homeowners Association(HOA) Project Location: 401 Marina Street, adjacent to the Atlantic Intracoastal Waterway and Carolina Beach Yacht Basin, in Carolina Beach,New Hanover County. Proposed Project: The applicant proposes to perform maintenance dredging around the existing boat slips within the Oceana Marina, LLC and Oceana Homeowners Association boat Basin. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 6, 2005. 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. 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 W DATE 3 a--1 J 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-395-3900\FAX: 910-350-2004\Internet: www.nccoastalmanagement.net 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, Director William G. Ross Jr., Secretary February 7, 2005 Oceana Marina, LLC c/o Vaughn King 1535 Caraleigh Mills Ct 115 Raleigh, NC 27603 Sent via fax to (910)458-9478 RE: Permit Application - Oceana Marina, LLC Dear Mr. King: On 1/19/2005, we received a CAMA Major Permit Application on your behalf, for the proposed maintenance dredging within the Oceana Marina boat basin, in Carolina Beach,New Hanover County. The attached checklist indicates the deficiencies of your application. 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. If you have any questions, please feel free to call me at my Wilmington office (910) 395-3900. Sincerely, r Jason D kil ' Express Permit Coordinator 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 CHECKLIST OF ADDITIONAL INFORMATION AND RECOMMENDATIONS FOR PROCESSING APPLICATION 1. Please provide the deed for the Oceana Homeowners Assoc. 2. Please provide a site drawing and cross-section of the proposed spoil island. The drawings must be neat, clear, and of standards size to permit photographic reproductions. If blue prints or sheets larger than 11" x 17" are used, 26 copies must be submitted. Each drawing must have a simple title block,which should include the applicants name, drawing number and the date the application was prepared. Undated drawings will NOT be accepted. On the top-view or site drawing map,please show the location of the existing and proposed features (dunes, shorelines,water bodies,marshlands, wetlands, existing and mad- made structures, exact areas and dimensions of proposed excavation, fill and/or spoil disposal, existing water depths, approximate mean high, low and average water levels,property boundaries and riparian corridors,width of the adjacent waterbody, distance of proposed structure(s) to federally maintained channels, and names of adjacent property owners). Standard north arrow. On the cross section drawing, please include the depth and elevation of existing structures and the proposed work relative to the existing ground level. Mean high and low water. 3. Please provide a US Army Corp of Engineers approved wetlands delineation map for the disposal island. y Sr c fad 262 Battleship Road Phone: (910) 762-7300 Wilmington, North Carolina 28401 Fax: (910) 762-6080 November 27,2004 To; Ocea-ia Marina 401 Virginia Av. Carolina Beach NC.28428 From;Alan Rusher Specialty Dredging Company Inc. 262 Battleship Rd. Wilmington NC.29401 Re: Dredging Proposal We propose to supply labor and equipment to facilitate dredging of basin to included enlarging of disposal island. (A)50°/pMobilization, demobilization ant{setup 10 000.00 (B)50%of dike work to include spillways,risers,erosion control and seeding 10,000.00 (C)Dredging of+/- 15,500 yards$9.50 Per. Yd. 147,250.00 Notes; (1)All Dredging to -6 W W per USACOE bench marks (2)Owner to obtain all permits,easements etc. (3)Work to be in performed in conjunction with Oceana HOA_ (4)Owner to remove all finger piers (5)Disposal fees are for owners account (b)SDC wil I not responsible for docks,piers, bulkheads or other structures due to undermining from Dredging. Your time and consideration of this proposal is greatly appreciated. Sincerely. Alan Rusher Go 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 14, 2005 FAX: 343-2229 2 Pages Star News Diane Blake Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Public Notice - Oceana Marina, LLC and Oceana Homeowners Association (HOA) Dear Ms. Blake: Please publish the attached Notice in the March 17, 2005, issue. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Jaye Poole, Division of Coastal Management, 1638 Mail Service Center, Raleigh, North Carolina 27699-1638. 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. Sincerealy, ZICA Z2 Lindsay LaRose Express Permitting Admin. Assistant Enclosure cc: File Copy Doug Huggett Ted Tyndall 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 19, 2005. According to said application, Oceana Marine, LLC and Oceana Homeowners Association (HOA), proposes to perform maintenance dredging around the existing boat slips within the Oceana Marina, LLC and Oceana Homeowners Association boat basin, located at 401 Marina Street, adjacent to the Atlantic Intracoastal Waterway and Carolina Beach Yacht Basin, in Carolina Beach, New Hanover County. A copy of the entire application may be examined or copied at the office of Jason Dail at N.C. Environment and Natural Resources, Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, North Carolina 28405, (910-395-3900) during normal business hours. Comments mailed to Charles S. Jones, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to April 6, 2005, will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. �� iA 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 14, 2005 Oceana Marina, LLC&Oceana Homeowners Assoc. C/o Vaughn King 1535 Caraleigh Mills Ct. 115 Raleigh,NC 27603 Dear Mr.King: The Division of Coastal Management hereby acknowledges receipt of your application,for State approval for development of the subject property located at 401 Marina Street,Carolina Beach,New Hanover County. It was received as complete on March 11,2005,and appears to be adequate for processing at this time. You have requested that the application be processed under the Express Review Permitting Program.Under this expedited process,the projected date for making a decision will be around April 11,2005. Please be advised that this project will also require authorization from the US Army Corps of Engineers. The majority of CAMA major permit applications that also require Federal authorization are processed as a j oint review under the CAMA Maj or Permit/Corps of Engineers 291 General Permit process. Under most circumstances,the Federal review of these applications would be after April 11, 2005. if the US Army Corps of Engineers does not render a decision on your project by the time a CAMA permit decision can be made,the Division of Coastal Management will render a permit decision on the CAMA Permit only. Should that occur, your project would most likely be processed as an individual permit by the US Army Corps of Engineers. Should you wish to place your project on hold before April 11,2005,pending the receipt of the Federal decision,the Division of Coastal Management will render a decision once the Federal comments are received. NCGS 113A-119(b)requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a"Notice of Permit Filing"postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from Marina Street. Some examples would be:Nailing the notice card to a telephone pole or stake along the road right-of-way fronting your property. Failure to post this notice could result in an incomplete application. cerely, Jason Dal DCM Express Permit Coordinator cc: Doug Huggett,DCM Ted Tyndall,DCM Henry Wicker,COE Debbie Wilson,LPO Joanne Steenhuis,DWQ 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 1 4 No I I (so; l AMA PE MIT APPLIE13 FOR 1hiT tn +%m-r Lds-�n a i �_ t . . .,. - . .1 �� • COMMENTS ACCEPTED THROUGH • - MORE DETAILS CONTACT LOCALAPPLICANT- THE PERMIT OFFICER BELO\A/- kA .Dc I uil I—. I v ka LLcf tr 11 tt hh • • � • r , ► . ' ill Jan 25 05 03: 55p P. DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM Name of Individual Applying For Permit: Ew.yA Address of Property: ►-gyp j ftgc�, vk S+r�J (Lot or Street#, Street or Road) (City and County) I hereby certify that I own property adjacent to the above-referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawing, with dimensions, should be provided with this letter. h c�� I/1 !r e c ram. Ccr}� v CJ Ii<;t.,.�l ®� I have no objections 6this proposal. hC �--o c'Q,v e-c-�-�L. If you have objections to what is being proposed, please write the Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405 or call 910-395-3900 within 10 days of receipt of this notice. No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION I understand that a pier,dock, mooring pilings,breakwater,boat house or boat lift must be set bck a minimum distance of 15' from my area of riparian access-unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. ^ � I do not wish to waive the 15' setback requirement_ �f i sign Name -- - ..Date ----- -- - --- - (� C ✓GL Print Name NCDENR Telephone Number with Area Code ,,, C1 *U-ocr�OI S:lcamalshellslriparianproperty.frm ERVIIiONMl7 C1WU Neu R�.SGURCCS COMPLETE ■ Complete items 1,2,and 3.Also complete A g ature item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverser ssee so that we can return the card to you. B. eived by(P inted N r� C.rto�1f D livery ■ Attach this card to the back of the mailpiece, �� �UY U or on the front if space permits. / t D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No bAK)'e1 1-­� 3. S ice Type Certified Mail ❑ Express Mail CYO Iv ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number(transfer from servic 7002 2030 0005 4026 8672 PS Form 3811,August 2001 Domestic Return Receipt 102595-01-M-2509 COMPLETE •N COMPLETE THIS SECTIONON DELIVERY ■ Complete items 1,2,and 3-Af.b complete A. Signature item 4 if Restricted Delivery is desired. J Agent ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you. B. Rece *--bPrinted Name) C ate o livery ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is d ery address different from item Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No C� Wew eQ— n gp aMS I�owJC l� 3. Serd ype��M�N��arJ I tV agya5 Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Numb, 7002 2030 0005 4026 8665 (Transfer frorr PS Form 3811,August 2001 Domestic Return Receipt 102595-01-M-2509 ��1►� 1755 061a ;t;v _: = .tu M -'Wtf. '=0 el-1S-9. '3Y PIflA 15 API 11�53 STATE UP f3460_88 Ou oft Ex a Tax EHciae Tax Ta: .00 R—,es T.mr.soft and Page Tax Lot�o �800-007-001-000. MU8SI9-002-M2 i HQ�p7_ppq�Ol-000 Parcel Ideatider No_ Vanbed by Counts ca_he day of 19 by flail after recotdiat to eu � LUKMJMRIERRSUF P. O. Box 4218, Hilsington, North Carolina 25406 This instrument as prepared by LOME B. WILLIAMS, ATlT. Brief descriptwe?•,r the lndea PIM ATl:R POIBTE. UUMISA BEACH NORTH CAROLIN a GENERAL WARRANTY DEED THIS DEED.:_ade ti:ia :3th ,&y..f 3anuarr . :?4+ ._:aaa:.etieee GRANTOR GRANTEE COQCIC4 KARB M AT CAWLISA BEACH, IiC.,� OCEASA LnEITED PARTucoc a %orth Carolina corporationHiF, a with Us if:iced �arcnersbig principal oiffce in Faye[ ?orth Carolina teville. SC with its principal ettice i Nev Hanover causty i i 0OW40 i Eater b M lY4 f=rate rra7:naa,�a/Oen,aaL Y aMredr�rt s�ararlt.�r eaatq,e;—ww".aa M"rrosaaw, The deattmuoa Granter and Grantee as add nenin sba_: sc:-.de said parues :weir rsaorsI'd shall ittclsde s■etu'.ar,piura:.matcultne.femtaiae•r router as r he:r:_ a1TXESSETH. ;hat the Greeter. ?or a ca:iac!e :.as, acilz,w:edsed has a:d E.- these rrsea deru:.^. :..:.! _ :_e l:rantee. -_e 7 is aces gnnt. :aryat c. >±.; +eu c.i.e _nr. : . re+r.pt ci aenh .. F.ratpy F .:aa:..e .a ?ee s.xp:c, -�.....c :t r...r:.r:_:?:u.c s.._..te.i :h.,.--. .. Csreiira Seaeh Nev Iaroe .:_cis_\cr:c ian..0.cd:ct.-•rt r..:. Federal p cint - z:p. See EXHIBIT A attached aerete ti-bich is made a r^arc �ereef as fully as it set out herein. r JAN �--y� DIVISION O COASTAL MANAG rf uS PACE 1755 0612 sale=a All that tract or pstoal at lard lying and being in Carolina [eats, New sorrver County. wsatR atoliMe. and being Wore particularly bounded aced described a folliaw: 0R XNNTM at a point in the batmen rft t-Ot-way line of Georgia Avenue t40 toot rlllit-of-reyl, am" point be"" the Yeatarest career of Lot 1. S"neft ZOR, NOrt6ees unction Caralfine bores. MP at eve being rocoread in nap @ask 3, at Page a7, of the Ow Mender county Registry: rominj theme from said beginalog point with the Western rlIftt-Of-rosy Ilan of Georgia Avenue, worth Of dsgeeun 04 ednrtm West 300.00 toot to a pointy running theme Swath an down" %miasmas west 17D.ef lgoet to o points uamning thence North 09 da9ree, 04 minutes Meet 20e.00 fast to a points coming thence South se d mjmm % minutes West 209.00 fast to a points tuning theme south a9 drgrmes 04 ainates What 300.08 bet to a points ring thence South 0e dgress 56 minutes Meet 97.92 frost to a point in the Southern line at the netraeoastal w•btesys running thence with the Southern riept-of-way line of fast to center of the�w 54 minutes 30�Intracoastal Waterwayrunn want Zh theme with the rester of the Intracoastal Waterway, worth 17 dsgresm 54 Minutes 20 00aaa0s bunt 1164.47 Cast to a paint in the Southern line at the freesss Mats tract: tenauq them with the southern lies of the lreemsn males tract, south as degrees 44 mints feat 2544-65 feet to a point on the western edge at the Atlantic Damon; running thence the some course csntLerd South e6 degrees 44 alnates bet SO.o tenet to a point in the high Water line of the Atlantic Dewam: —M Mg theaoe Sonthwraly along the high water line of the AClamtie Ocoee to a point in the Northern right-ot-way line at 17th avenue: running thaeee with the Mortbatn right-ce-way line of 17th Avease, worth SIX degree 54 Minutes Mace 50.0 feet tM a point that is located Seam 16 dmotaes 06 Minute Wet IGM-55 tee!X. the show*mentioned point ne the Meters edge OC tba Atlantic Oeran: running theme with the northern right_ Of-wey line of 17th Avenue, North 61 degrees S4 minutes weft ZS1.5S feet to a point in thM Seats=right-of-Wey line of anal OtiVe; running tbence with he Meat ostarm24-91 b row�y line of anal Drive, South 24 degrees 06 Mints paint: running thence North sl degrees S4 minutes Was 130.67 test to a point in the edge of Mures running theme with tCe oft&of marsh. South 44 gbwgree 39 ainates west 59.11 feet. South 00 degrees 24 minutes West 45.0 toot, South 59 degrees 26 minutes wet 70.0 last, Swath as degrees 26 minutes west 100.0 test, scam On dust*" 54 Minutes East I5-0 test, south 37 degrees 54 minutes East as.0 test, south 77 degrees Os mimtes West 105.E foot. South 21 degrees 06 minutes west 00.0 feet. south oa degrees 54 Winston meet 90.0 feet am South 42 degrees 54 minute bat so.O feet to a point is the Venture line of the Northern pcteaion 1 of Cancun Reach me shown an Mop reOoruda. in map Bask I.S. at Page 102, of the Mew Wnnover county Xmg'strT- running 04 atbenoo With the western line at said northern E tension, inutAm west 690.0 teat to a Rout: romping these,north 61 degree 54 :imam** Want 503-39 toot to a point; Coming thence North a9 degrees 04 minstss last 420.29 test to a point: canning thecae South se degree 56 Minutes west 225.0 foot to a point in the eastern line Of Virginia A-- rupimg thence with the Intern line of Virginia Isyswue. North 0, dogreas 04 ilOLLtes west 25.0 fast to A POiut: running thence with the Northern liar of Maryland Avenue, South so degrees 56 minutes Moat 155.0 Let to I point; running thence north 09 degrees 04 minutes west Go.0 toot to a lag thence Seth OO degree S6 minutes West 105_0 toot to the ptumt of b"L Ming. The same being all that Property conveyed to Spina t Point. Ltd. by dead*dated September 14, 1991. and recorded in BOOk 1221 at Page 1045 and in Rook 1222 at Papa 1949 of the New Namover Caa-y nogistry and being mare Particularly deac lbod amd dsllnsatad on that certain plat of survey Prepared for 'SpinnaOctober ker pbinte, Ltd.* dated Jenune 19a2, last revised b. LIS6, Wilmington, north by Jack G. Stog9cs. Regiatered Land Surveyor north carollna. AM 7OCCfmIR with may and all rights. Members appurtenances. easesents. t�anams and permits appertaining to tbs above described property or any part LESS that portion Of the above described tract whits comprises Pause of Spinnaker Point. a condominium project shown an coedaminiga Plat Gook ' at Pagesethrough 75 at the Yaw wanover County Registry. and that portion of theAbowm deribad tract which comprise Phase II Of Spinnaker Point, a "doainius project Shown on Condominium Plat Book S at va9aa 113 through ii4 of the New "--county Registry. And Subject to the R19ht-of-Way for the Atlantic Intracoastal waterway. S�P� 1755 0611 The property bereinabove described was aegsimd by Grantor bF imuenwat recorded is &Wk 1520. Page I020, in the Yen Hanover County Registry A map showing the above described property is recorded In Plat Book pace TO HAVE ASD TO HOLD the aforesaid bat or panel of land and all privi:emes and appurtenances thereto bekagjng b the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seined of the premises in fee simple_has the right to convey the same in fee simple.that title is marketable and free sad clear of all encumbrances,and that Grantor will warrant sad defend the trt:e against the lawful claims of all persons whomsoever except for the cu"nions hereinafter stand_ Title to the property hereinabove described is subject to the following encepuoas: Subject to a deed of trust from the Grantor to W. Talmadge Jones. Trustee for THE CITIZENS AND SOUTHERN NATIONAL BM. dated 19 December 1990 and recorded in gook 1520. Page ZOZH. Sear Hanover County Registry. Subject also to taxes for 1994. n.� ra. fells W ar...r. .a. b WN sae cal . .f .Wy .4.W eaeea.lb au 0. o M 1.....s..ere.e le a.ea..aa M x.n.ra r s...er...u..w sae`.v era laeef 7e�•_ t- Carolina Beach. Inc. ---------- - sAu J-..>•. Y nseAu __ :,.Ire.eeeac z s ee.q.es.s—n = r. South _sswu w cAaot.lrrl--...HoLrY_. ......... 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'----_.. . -- •- .. re.e.tr wrtrame.a......r see. 1ST 1 Q J,to 2004063612 FOR REGISTRATION REGISTER OF DEEDS REBECCA T. CNRISTIAN �J NEW HANOVER COUNTY, NC AN 19 2005 2004 DEC 02 10:59:44 AM BK:4589 PG:286-291 FEE:$26,00 ONISION OF NC REV STAMP:$8,000,00 CO AS-VAL MANAGEMENT 16TPMENT # NOON WARRANTYDEED TAX PARCEL NUMBER: R08519-002-002-000,R08519-002-027-000, R08519-002-028-000,R08519-002-046-000& R08807-002-010-000 GRANTEE'S ADDRESS: Oceana Marina, LLC 1535 Caraleigh Mills Court, #115 Raleigh,NC 27603 PREPARED BY: MARSHALL, WILLIAMS & GOR.HAM, LLP P. O. Drawer 2088, Wilmington,NC 28402 BRIEF DESCRIPTION: 4 Tracts—Oceana Area—Carolina Beach STATE OF NORTH CAROLINA : WARRANTY DEED COUNTY OF NEW HANOVER : THIS DEED, made and entered into this 1't day of December, 2004, by and between WATERWAY SOUTH,INC. (a North Carolina corporation), hereinafter called GRANTOR, and OCEANA MARINA,LLC(a North Carolina limited liability company),hereinafter called GRANTEE(the designations Grantor and Grantee as used herein shall include said parties and their heirs, successors,and assigns,and shall include singular, plural, masculine, feminine, or neuter, as required by context). WITNESSETH: The GRANTOR,for a valuable consideration paid by the GRANTEE,the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell, and convey unto the GRANTEE in fee simple,all that certain real property located in the Town of Carolina Beach,New Hanover County, North Carolina, and more particularly described on EXHBIT A—PROPERTY DESCRIPTION attached hereto and incorporated herein by this reference. TO HAVE AND TO HOLD the above granted and described property, together with all privileges, easements, tenements and appurtenances thereto belonging, to the GRANTEE in fee lawful claims of all persons whomsoever, except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to those exceptions set forth on EXHIBIT B — EXCEPTIONS attached hereto and incorporated herein by this reference. IN TESTIMONY WHEREOF, the GRANTOR has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors,the day and year first above WATERWAY SOUTH, INC. 1Ly N of vAl : aj""10— ()Opk \5' PG�M By.S � M P XA Wes L. Gerald—P sident STATE OF NORTH CAROLINA BRUNSWICK COUNTY OF I, Ri 1 1 i E+ Pri trhard , a Notary Public of the County and State aforesaid, certify that Wes L. Gerald personally came before me this day and acknowledged that he is President of Waterway South,Inc.(a North Carolina corporation),and that he as President,being authorized to do so, executed the foregoing instrument on behalf of the corporation. Witness my hand and official stamp or seal, this is t day of December, 2004. [NOTARY. -SEAL] �PQ Notary P61ic My commission expires: 81991ng ? NOTARY E e r t- PUBLIC Vy ; Ga t .>� •