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HomeMy WebLinkAbout81-05 Point, Stuart W. j Permit Class Permit Number NEW 81-05 STATE OF'NOR'rH CAROLINA Department of Environment and Natural Resources 7 and Coastal Resources Commission ,Permit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Stuart W.Point,300 Windchase Lane,Wilmington,NC 28409 Authorizing development in New Hanover County at. adj. AIWW/Masonboro Sound, 194 Tanglewood Drive , as requested in the permittee's application dated 11/15/04. including the attached woftlan drawings (3), dated 11/24/04 This permit, issued on , 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) In accordance with 15A NCAC 07H.0208(b)(6)(J)(iii), which prohibits docking facilities from extending more than one quarter of the width of a waterbody, no portion of the pier and associated structure shall extend waterward more than 300 feet as measured from the waterward edge of the delineated coastal wetlands. 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. f/ Any maintenance work or project modification not covered Charles S. Jones, Director hereunder requires further Division approval. Division of Coastal Management All work must cease when the permit expires on This permit and its conditions are hereby accepted. December 31,2008 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee Stuart W. Point Permit#81-05 ., t Page 2 of 3 ADDITIONAL CONDITIONS 3) An as-built survey shall be performed on the docking facility, and copies of the survey shall be provided to the U.S. Army Corp. of Engineers and the Division of Coastal Management, within 60 days of completion of construction. 4) 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. 5) 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. 6) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's riparian access corridor, which is determined by drawing a line parallel to the AIWW channel, then drawing a line perpendicular to the channel line that intersects with the shore at the point where the upland property line meets the water's edge. 7) 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. 8) The authorized covered.gazebo shall not be enclosed. Any material used on the sides shall not obstruct view and shall be permeable to air and water. Screen or wire on the sides along with benches and knee walls are permitted. Lattice is specifically excluded from being used under this authorization. 9) The authorized covered gazebo shall be single story, and shall not be designed to allow for second story use. General 10) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with T15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation within the PNA shall be permitted. Dredging in any manner, including "kicking" with boat propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 11) 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. 12) The authorized structure and associated activity shall not cause an unacceptable interference with navigation. Stuart W. Point Permit#81-05 Page 3 of 3 i ADDITIONAL CONDITIONS 13) 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. 14) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 15) 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. 16) The permittee is cautioned that this permit does not authorize the placement of tie piles in association with the docking facility. Furthermore, due to the proximity of the AIWW, boats utilizing the docking facility will be subject to frequent wavewash from passing vessels. The issuance of this permit does not relieve the permittee from taking all proper steps to ensure the integrity of the structure and the safety of moored boats. The permittee shall not hold the State of North Carolina or the United States liable for any damage to the structure or moored boats. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non-water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: The permittee and/or his contractor is urged to meet with a representative of the Division prior to project initiation. NOTE: The N.C. Division of Water Quality has assigned the proposed project DWQ Project No. 050406. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No. 197800056 (COE Action Id. No. 200500690) which was issued on 4/28/05. ALTri'a' NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary June 6, 2005 Mr. Stuart W. Point 300 Windchase Lane Wilmington,NC 28409 Dear Mr. Point: The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. Please sign both the original (buff- colored form) and the copy. Return the copy to this office in the enclosed. envelope. Signing the permit and proceeding means you have waived your right of appeal described below. Please retain the original(buff-colored form),as it must be available on site when the project is inspected for compliance. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A- 121.1 or 113-229.Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty(20)days,the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance require additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it is to your benefit to be sure that he fully understands all permit requirements. From time to time,Department personnel will visit the project site.To facilitate this review,we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Sincerely, V HA _ Douglas V. Huggett Major Permits and Consistency Manager Enclosure 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-22931 FAX: 919-733-14951 Internet: http://dcm2.enr.state.nc.us An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Stuart W. Point 2. LOCATION OF PROJECT SITE: 194 Tanglewood Dr., adjacent to the AIWW, in Masonboro Sound, in New Hanover County. Photo Index - 2000: 21-265: T, U - 19 1995: 21-247: Q, R - 6-7 1989: 4-178-24: J, K- 8 State Plane Coordinates - X: 2345050 Y: 147709 GPS - 0-120915A 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 12/9/04 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - 12/23/04, complete 3/25/05 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Wilmington/New Hanover Co. Land Classification From LUP - Resource Protection (B) AEC(s) Involved: CW, EW, PT, OR Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - County Sewer Planned - None (F) Type of Structures: Existing - Single-family residence, bulkhead Planned - Private pier, gazebo, floating dock and boatlifts (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (Shaded) 150 sq. ft. (B) Non-Vegetated Wetlands (Open water) 712 sq. ft. (Incorporated) (C) Other (D) Total Area Disturbed: 862 sq. ft. (E) Primary Nursery Area: Yes (F) Water Classification: SA-ORW Open: No 8. PROJECT SUMMARY: The applicant proposes to construct a private pier, gazebo, (2) floating docks and (2) boatlifts into the AIWW/Masonboro Sound. Point Page 2 9. PROJECT DESCRIPTION: The project site is located at 194 Tanglewood Dr., adjacent to the AIWW/Masonboro Sound, in New Hanover County. The .66 acre lot is approximately 120 feet in width and 200 feet in depth. The lot averages 4 feet above mean sea level and is vegetated with lawn grasses and landscape shrubs. Upland vegetation is primarily Oak Trees. The applicant maintains an elevated two story single-family residence on property. The shoreline is stabilized by 84 linear feet of bulkhead. Adjacent to the bulkhead, there is a border of coastal marsh approximately 25 feet in width. The marsh vegetation is primarily Smooth Cordgrass (Spartina altemifloral, which is intermixed with Saltwort Salicornia, spp.), Spike Grass (Distichlis spicata), and Sea Lavender (Limonium, spp.). The lot is just north of an estuarine cove that is created by an adjacent peninsula to the south of the property. There is a community boat ramp located on the northwest side of the peninsula. The peninsula is located three properties to the south of the property of interest. The community boat ramp provides water access to the inland property owners of the adjacent Channel Haven subdivision. In the project area, the waters are classified as SA-ORW (Outstanding Resource Waters), by the NC Division of Water Quality, and they are CLOSED to the harvest of shellfish. These waters are designated as Primary Nursery Area (PNA), by the NC Division of Marine Fisheries. PROPOSED PROJECT: The applicant proposes to construct a private pier, gazebo, floating dock and (2) boatlifts into the AIWW/Masonboro Sound. The pier would be 386 feet in length by 6 feet in width, and would extend from the existing bulkhead towards the AIWW in an easterly direction. The pier would begin as a 354 feet accessway and would terminate in a 14 feet x 14 feet gazebo. The access pier would then continue through the gazebo towards the AIWW for an additional 32 feet. The applicant proposes to install (2) 13 feet x18 feet boatlifts on the both sides of the terminal end of the proposed pier. The applicant also proposes to have an access ramp from the northern side of the proposed gazebo, leading to a 6 feet x 8 feet floating dock. The entire structure would extend approximately 400 feet waterward of the normal high water (NHW) line. 10. ANTICIPATED IMPACTS The proposed dock would incorporate approximately 712 square feet of Estuarine Waters and Public Trust Area. The proposed structure would shade approximately 150 square feet of coastal wetlands. Minor increases in turbidity should be expected during construction. The proposed pier would extend approximately 400 feet into a waterbody which measures approximately 1,200 feet across, which would be 1/3 of the distance. The proposed pier would extend a distance equal to the adjacent pier to the north. This would not conform with the 1/4 width rule and the established pier lengths. As proposed, the applicant's proposal would not encroach into the 80 foot setback from the AIWW. Submitted by: Robb Mairs Date: 4/6/05 Office: Wilmington Recommendations for State Permit - Stuart W. Point This project appears to be inconsistent with 7H.0208(a)(6)(J)(iii)which states "Pier length shall be limited by not extending more than one-forth the width of a natural waterbody, or human-made canal or basin." Therefore, it is recommended that the issuance of the permit be denied. Form DCM-MP-1 VE APPLICAT14 6 LEC 2 3 2004 (To be completed by all applicants) DIVISION OF COASTAL MANAGEMENT b. Cites�t , town, community or landmark lWTminaton 1. APPLICANT c. Street address or second road number an ewoo r. a. Landowner: Stuart W. Point d. Is proposed work within city limits or planning Name jurisdiction? Yes © No Address 300 Windchase Ln. e. Name of body of water nearest project (e. . river, City Wilminaton State NC creek, sound, bay) IAIVVVV Zip 28409 Day Phone 910 452-4679 Fax 910 452-5022 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT b. Authorized Agent: Name lEdciewater Marine Construction a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead,pier,and P.O. Box 15375 excavation and/or fillip activities. Address ie—r ,Zw::it:E2 double boatlitts Jana a tioatinci CIOCK City Wilmington State NC Zip 28408 Day Phone 910 443-1106 b. Is the proposed activity maintenance of an existing project, new work, or both? new Fax 910 799-3402 c. Will the project be for public, Rrivate or commercial c. Project name (if any) Point use? 1private d. Give a brief description of purpose, use, methods of construction and daily operations of proposed NOTE: Perndt will be issued in name of kmdowner(s), andlor project. If more space is needed, please attach additional pazes. ica ier cons ruc ion project nwnC. a rox. 400 ft. in lencith to access the lintercoastal waterway. This i a riva e resi ence and contain Z. LOCATION OF PROPOSED oat i s ang a tioating docK. PROJECT a. County New Hanover Co. Revised 03/95 Form DCM-MP-I ECEIVE DEC 2 3 2004 m. Desc i e istine wastewater treatment facilities. 4. LAND AND WATER Na CHARACTERISTICS a. Size of entire tract .66 acres n., Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary b. Size of individual lot(s) wastewater, industrial/commercial effluent "wash down" and residential discharges.) N/A c. Approximate elevation of tract above MHW or NWL 4 ft. above MHW d. Soil type(s) and texture(s) of tract o. Describe existing drinking water supply source. e. Vegetation on tract Marsh f. Man-made features now on tract Bulkhead ouse on i inas 5. ADDITIONAL INFORMATION g. What is the CAMA Land Use Plan land In addition to the completed application form, the classification of the site? (Co»suk the local Imid use plan.) following items must be submitted: 0 Conservation Transitional Developed Community 0 A copy of the deed (with state application only) or Rural Other other instrument under which the applicant claims title to the affected properties. If the applicant is not h. How is the tract zoned by local government? claiming to be the owner of said property, then 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 zoning compliance cerifficare, if applicable) • 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 1/2" by 11" white paper. (Refer to done for the tract? WTA-1 Yes No Coastal Resources Commission Rule 7J.0203 for a If yes, by whom? detailed description.) k. Is the project located in a National Registered Please note that original drawings are preferred and Historic District or does it involve a National only high quality copies will be accepted. Blue-line Register listed or eligible property? prints or other larger plats are acceptable only if an N/A I 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? ►x]Yes — No Engineers regarding that agency's use of larger Coastal (marsh) Other drawings.) A site or location map is a part of plat If yes, has a delineation been conducted? �_ requirements and it must be sufficiently detailed to (Aaach documentation, if available) guide agency personnel unfamiliar with the area to the Revised 03/95 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 I certify that to the best of my knowledge, the proposed that they have 30 days in which to submit comments 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 Mr. Greci Brown I certify that I am authorized to grant, and do in fact, Address 1192 Tanalewood r. I grant permission to representatives of state and federal Phone 1910 392-9618review agencies to enter on the aforementioned lands in connection with evaluating information related to this Name Mr. Walter T. Cherry permit application and follow-up monitoring of the Address 196 1 an— qTe—wood Ur. project. Phone I Q J92-291b I further certify that the information provided in this Name application is truthful to the best of my knowledge. Address Phone This is the 5 day of Nov• , 1200E • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, Print Name Stuart Point permittee, and issuing dates. Signature ice/ L.&, net or Authorized Agent • A check for$250 made payable to the Department of Please indicate attachments pertaining to your proposed Environment, Health, and Natural Resources project. (DEHNR) to cover the costs of processing the DCM MP-2 Excavation and Fill Information application. _ DCM MP-3 Upland Development • A signed AEC hazard notice for projects in - DCM W4 Structures Information _ DCM MP-5 Bridges and Culverts oceanfront and inlet areas. _ DCM MP-6 Marina Development • A statement of compliance with the N.C. NOTE. Please sign and date each attachment in the Environmental Policy Act (N.C.G.S. 113A - 1 to space T W bottom of each 10) If the project involves the expenditure of public � 1� funds or use of public lands, attach a statement documenting compliance with the North Carolina DEC 2 3 2004 Environmental Policy Act. DIVISION OF COASTAL MANAGEMENT Revised 03M Form DCM-MP4 ECEVE STRUCTURES DEC 2 3 2004 DIVISION OF (Construction within Public Trust Areas) COASTAL MANAGEMENT Attach this form to Joint Application for CAMA Major e. Mooring buoys Permit, Form DCM-MP-1. Be sure to complete all (1) _ Commercial _Community _Private other sections of the Joint Application which relate to (2) Number this proposed project. (3) Description of buoy (Color, inscription, size, anchor, etc.) a. Dock(s) and/or Pier(s) (1) _ Commercial_Community X❑Private (2) Number (3) Length (4) Width of water body (4) Width r6 tt. 1 (5) Distance buoy(s) to be placed beyond (5) Finger Piers Yes No shoreline (i) Number 1 (ii) Length f. Mooring structure(boatlift, mooring pilings, etc.) (iii) Width (1) _ Commercial Community,Private (6) Platform(s) Yes No (2) Number (i) Number 1 (3) Length 13 ft. (ii) Length (4) Width 118 ft. (iii) Width (7) Number of slips proposed 4 g. Other have complete dsscripdon) (8) Proximity of structure djacent riparian property lines 4 (9) Width of water body 11,200 ft. (10) Water depth at waterward end of pier at MLW or NWL 1MLW 36 in. b. Boathouse (including covered lifts (1) Commercial Private (2) Length ® Stuart W. Point (3) Width MAE-] Applimat or Project Name c. Groin (e.g. wood,WN/A etc.) Signature (1) Number(2) Length(s) 11/15/04 Date d. Breakwater (e.g. wood sheetpile, etc.) (1) Length N/ (2) Average distance from MHW, NWL or wetlands N/A (3) Maximum distance beyond MHW, NWL or wetlands N/A Revised 03195 _ IV Structure Dimensions: DEC Pier: 6 ft. x 366 Ft. 314 ft. past marsh Deck/Gazebo: 14 ft. x 14 ft. DIVISI 'V 0 N OF Plan View Drawing 196 sq/Ft ENT Floating Dock: 8 ft. x 16 ft. t�q(V AG E 128 sq/Ft COASTAL Applicant: Stuart and Crlstlne Point (2) Double Boat Lifts: 12 ft. x 18 ft. 194 Tanglewood Dr. Wilmington, NC 28409 Shoreline: 84 ft. Page: 1 of 3 Buildable Sq/Ft: 336 sq/ft Date: il/24/04 Sq/Ft Used: 324 sa/ft scale: 1 in. - 130 Ft. Distance Across Body OF Water: 1.200 ft. yyy Marsh Grass AIWW ♦ ♦ Riparian Corridor ® Land eo . sneer C: LL m N R M-Oi-roy R IK-Oi- ♦ / —MY M' ♦ \\/\/\ ♦ rw�• / \� \ / se• 196 Ft. ` XIS NP ULI EA D f9dIN / / xLLJ / / ♦ Kr 6. ♦ / —qM 6a• \ f y y / ♦ 192 Tanglewood Dr. 196 Tanglewood Dr. Brown Property Cherry Property 194 Tnnglewood Dr. Point Property q w; a Cross Section Drawing D-k- f—9 It.tbe.- ry Oa/d IOv-1 a k Ouriou 9 it. Oov- Kry Orwrd Iml It. \ \ Y 9 fit. O r—C_ C Applicant: Stuart and Cristine Point 94 Tong lmington�o od Dr. W NC 228409 _ ) w Page: 2 of 3 n Z z Date: 1 1/24/04 u, ? G)O -� scale: 1 in. - 40 ft. S z �c_= Location Map Drawing Applicant: Stuart and Cristine Point 194 Tanglewood Dr. Wilmington. NC 28409 Page: 3 of 3 Date: 11/24/04 Site f 0.-1 Hewn Or. H.Cr—t Hown pr. e T— a S 9 a F T Location Map Not To Scale r i G 2005 "O'elead City DCM THE PREMISES SURVEYED IS WITHIN A FLOOD HAZARD ARACCORDING TO "'�x LEGEND N S Z THE FLOOD INSU TE MAP FOR — — PROPERTY LINE NEW HANOVER RHO Y N — — CENTERLINE (COMMUNITY Z NIo 706 0091 — — RIGHT OF WAY E REV. SE BEf3, 1992 — — ACCESS EASEMENT " E OVERHEAD ELECTRIC LINE & OLD IRON PIPE (DIP) g � i �°�,� �� ❑ OLD CONCRETE MONUMENT (O.C.M.) SITE \'j, Q� p POWER POLE Q� �co ,y LOCATION MAP XJ I G GUY WIRE INOT TO SCALE \ \ PCD 50' ROAD W O MAP BOOK 7 PAGE 29 8 Lhl to 0.36 AC. BULKHEAD b0 _ — S 50'47'23" E _390.27' a7 J � \o S 5947 2�4' E .07' 390.27'— — — p 468.1! N 50'47'24' W U' a 53.5' ACCESS EASEMENT a, I 6.15' \ \ TO DUDLEY MALPASS I STORYtA el of FRAME DWELLING \ Q \ BOOK 1404 PAGE 1069 i of N ; ON PILINGS $ U 264.6' c o, b 80.8C a G Q \ \ N 48 19'00" W c E CR S. \ \ \ I N MAP OF SURVEY I I FOR NOW OR FORMERLY WALTER CHERRY o I STUART W. POINT BOOK 1788 PAGE 745 W \ D and wife CRISTINE C. POINT \ I I MASONBORO TOWNSHIP NEW HANOVER COUNTY I I NORTH CAROLINA 00 DATE OF SURVEY: 01/08/04 q. c-: ^ C 0 D TE F DRAWING: 01 2 m _2 SURVEY REFERENCE SHERWI D. MAP BOOK 7 PAGE 29 N.C. PROFESSIONAL LAND SURVEYORL-1099 07�,��� 60 120 BOOK 1788 PAGE 745 1144 SHIPYARD BLVD. DEED BOOK 2127 PAGE 598 (TRACTS 1 & 2) WILMINGTON, NC 28412 T�.Ise 1f — O 910-791-0080 U DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Stuart W. Point County:New Hanover LOCATION OF PROJECT: 194 Tanglewood Drive, adjacent to the AIWW, in Masonboro Sound. DATE APPLICATION RECEIVED COMPLETE BY FIELD: 03/25/05 r FIELD RECOMMENDATION: Attached: YES To Be Forwarded:No RIC", CONSISTENCY DETERMINATION: Attached:No To Be Forwarded:Yes FIELD REPRESENTATIVE: Robb Mairs DISTRICT OFFICE: Wilmington R 2005 DISTRICT MANAGER REVIEW: MOEehpad Ci yJOCM B) DATE APPLICATION RECEIVED IN RALEIGH: © i o5 FEE REC'D:$ 2e- PUBLIC NOTICE REC'D: QWefA5 END OF NOTICE DATE: 01//90 ps ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: APPLICATION ASSIGNED TO: ON: `//r A'cs C) 75 DAY DEADLINE: _ 0(��pB/cs" 150 DAY DEADLINE: MAIL OUT DATE: STATE DUE DATE: FEDERAL DUE DATE: FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE CONIMENTs OBJECTIONS: NOTES RETURNED YES NO Coastal Management-Regional Representative Coastal Management-LUP Consistency Division of Community Assistance Land Quality Section 13` Division of Water Quality �-�L4-o 5 w' M p t10( fG Storm Water Management(D WQ) q-)-5 - O S e X{r p t State Property Office q- 1 3-C S t, Division of Archives&History q'2 0 o 5 Division of Environmental Health q-Zq-�S Division of Highways � j'y D S ,,/ Wildlife Resources Commission Division.of Water Resources Division of Marine Fisheries iJ Submerged Lands(DMF) Permit# DCM Coordinator: F}owe-Il 1VtAILI'_V"G DISTRIBUTION: / Permitee: SAANPV} Agent: �dgtwa�tr m0.f i.�t Cl,N S}� o r. P. o, gox DCM Field Offices: Elizabeth City Morehead Ci Washington Wilmington US Army Corps of Engineers(USAGE): Washington: Mike Bell(NCDOT) Bill Biddlecome(NCDOT) Raleigh Bland Wilmington: Dave Timpy 760T) Henry Wicker, Others: / ce� Cultural Resources: Renee Gledhill-F�arl3/ Environmental Health: Terry Pier Marine Fisheries: Mike Stree / NCDOT: Ken Pace i/ / Shellfish Sanitation: Patty Fowles/ / State Property Office: Joseph Hendersori� Water Quality: Cyndi Karoly(for non-DOT John Hennessy(NCD T) Water Resources: John Sutherland Wildlife Resources: Maria Tripp Bennett Wynne David Cox(NCDOT) Travis Wilson(NCDOT) \ LPO: FAXING DISTRIBUTION: Permitee at q,5 570,2 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) Wihhington: Dave Timpy(NCDOT) Henry Wicker(910/2514025) CAMA Major Permit Process Manual Page 70 of 70 it C 0u5 9 North Carolina Wildlife Resources Commission 0 CM Richard B. Hamilton, Executive Director �J MEMORANDUM TO: Doug Huggett, Major Permits Processing Coordinator Division of Coastal Management North Carolina Department of Environment and Natural Resources FROM: Maria Tripp,Northeast Coastal Region Coordinator Habitat Conservation Section r1w DATE: June 7,2005 SUBJECT: CAMA Dredge/Fill Permit Application for Stuart Point,New Hanover County, North Carolina. Biologists with the North Carolina Wildlife Resources Commission(NCWRC)reviewed the permit application with regard to impacts on fish and wildlife resources. The project site is located at 194 Tanglewood Dr. adjacent to the AIWW in Masonboro Sound. Our comments are provided in accordance with provisions of the Coastal Area Management Act(G.S. 113A-100 through 113A-128),as amended, and the Fish and Wildlife Coordination Act(48 Stat.401, as amended; 16 U.S.C. 661 et seq.). The applicant proposes to construct a private pier, gazebo,two floating docks and two boatlifts. The proposed pier will extend approximately 400' across a 1200' water body, equaling the pier length north of the project site. The waters near the project area are classified SA by the Environmental Management Commission and is designated a primary nursery area by the NC Division of Marine Fisheries(NCDMF). NCWRC has corresponded with NC Division of Marine Fisheries and does not object to the project as proposed. We appreciate the opportunity to review and comment on this permit application. If you need further assistance or additional information,please contact me at(252)948-3916. Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh,NC 27699-1721 Telephone: (919) 733-3633 ext. 281 0 Fax: (919) 715-7643 1 I_ ® North Carolina Wildlife Resources Commission 9 Charles R.Fullwood,Executive Director MEMO TO: Doug Huggett Division of Coastal Management FROM: Bennett Wynne Habitat Conservation Program DATE: May 27, 2005 SUBJECT: CAMA/Dredge&Fill Permit Application for Stuart W. Point, 194 Tanglewood Drive, adjacent to AIWW, Masonboro Sound,New Hanover County,North Carolina. The North Carolina Wildlife Resources Commission has reviewed the project for impacts to wildlife and fishery resources. We regret that time constraints prevented a site visit and delayed our response. Our comments are provided in accordance with provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.) and the Coastal Area Management Act(G.S. 113A-100 through 113A-128). The applicant proposes to construct a private pier, gazebo, and floating dock with 2 boatlifts accessing Masonboro Sound. A 25-ft. wide margin of coastal wetlands occurs along the shoreline. Coastal wetlands typically provide excellent habitat for wading birds,raccoon, opossum,juvenile fishes, and estuarine invertebrates. Area waters are classified SA-ORW and designated Primary Nursery Area(PNA). According to the workplat, water depth at the end of the pier appears to be shallow, a condition that may prompt future requests to dredge in an ORW and PNA. About 150 sq. ft. of coastal wetlands would be shaded by the pier. Pier construction would disturb approximately 862 sq. ft. of wetlands and shallow bottom in sensitive waters. This could be particularly damaging to wetland vegetation and water quality if done during the warmer months. Pier length also exceeds '/,the water body width and the established pier head line,potentially contributing to a navigational hazard. Based on these concerns,we recommend the following conditions to permit issuance. 1. No dredging shall be allowed. Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center• Raleigh,NC 27699-1721 Telephone: (919) 733-3633 ext. 281 • Fax: (919) 715-7643 Stuart Point private pier 2 05/27/05 2. Pier decking should be elevated a minimum of 4 ft. off the marsh floor to reduce the effects of shading. 3. Construction shall avoid the April 1 to September 30 period of peak biological activity. 4. Pier length will conform to either the"1/4 rule"or the established pier head line. Thank you for the opportunity to comment on this application. If you have questions, please call me at (252) 522-9736. f Aria NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary April 25, 2005 Stuart W. Point Aw 300 Windchase Lane (,► Wilmington,North Carolina 28409it Subject: EXEMPTION MAY Stormwater Project No. SW8050406 Q Point Project 4 20QS New Hanover County MOrehead Cit Dear Mr. Point: V D n y The Division of Coastal Management through a cooperative agreement with the Division of Water Quality has reviewed your CAMA major permit application to determine if a stormwater management permit would be required from the Division of Water Quality. The review of the plans and specifications has determined that the development activities proposed at this time will not pose a threat to surface water quality from stormwater runoff. The Director of the Division of Water Quality has determined that projects that are reviewed and approved by the Division of Water Quality as not posing a water quality threat from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000. By copy Pthis letter,we are informing you that your project will not require a stormwater management permit. If the subject project disturbs one acre or more and has a point source discharge of stormwater runoff,then it is also subject to the National Pollutant Discharge Elimination System(NPDES) stormwater discharge requirements. You are required to have an NPDES permit for stormwater dischar e from projects meeting these criteria. The stormwater rules require the Division of Water 6uality to permit the common plan of development,therefore, any future development on the property,regardless of whether a CAMA Major permit is also required, may require a Stormwater Management Permit application and permit issuance from the Division of Water Quality prior to any construction. Please be advised that this determination is for stormwater management requirements only: Your request for authorization of development under the Coastal Area Management Act is still in process. If you have any questions or need additional information concerning this matter please contact Ms. Linda Lewis with the Division of Water Quality at(910) 395-3900. Sincerely, es Gregson D rict Manager JG/bar: cc: Tony Roberts,New Hanover County Inspections Doug Huggett, DCM Charles Jones DWQ, DWQ Central Files, Edgewater Marine Construction 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-395-39001 FAX: 910-395-39641 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper AiA APR 72on NCDENR Wrc OW88WATIO,, North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary April 6, 2005 O� - 0775 MEMORANDUM: /l N TO: Renee Gledhill-Early A- NC Dept. of Cultural Resources Archives & History FROM: Doug Huggett Major Permit Coordinator SUBJECT: CAMA/DREDGE& FILL Permit Application Review Applicant: Stuart W. Point Project Location: 194 Tanglewood Drive., adjacent to the AIWW, in Masonboro Sound, in New Hanover Co. Proposed Project: The applicant proposes to construct a private pier, gazebo, (2) floating docks and (2) boatlifts into the AIWW/Masonboro Sound. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 30, 2005. If you have any questions regarding the proposed project, please contact Robb Mairs 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. JLThis 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 q - �O 127 Cardinal Drive Ext., Wilmin to , North Carolina 28405-3845 Phone: 910-395-3900\FAX: 910-395-3964 Internet: www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper APR d IL Nd ENK North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary April 6, 2005 - MEMORANDUM: APR - 7 TO: Joe Henderson i NC Dept. of Administration State Property Office i� r FROM: Doug Huggett APR 1 2 2005 Major Permit Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Morehead City DCM Applicant: Staaart W. Point Project Location: 194 Tanglewood Drive., adjacent to the AIWW, in Masonboro Sound, in New Hanover Co. Proposed Project: The applicant proposes to construct a private pier, gazebo, (2) floating docks and (2) boatlifts into the AIWW/Masonboro Sound. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 30, 2005. If you have any questions regarding the proposed project, please contact Robb Mairs at(910) 395-3900. When appropriate, in-depth comments with supporting data is requested. REPLY: his agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNEDW(JDATE S 127 ardinal Drive Ext., Wilmington, North Carolina 2840 38 5 Phone: 910-39 -39001 FAX: 910-395-39641 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled M%Post Consumer Paper Apr 08 05 12: 13p Preferred Customer 910-437-2535 p. 1 1 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F.Easley,Governor Charles S.Jones,Director William G.Ross Jr.,Secretary April 6,2005 IN _. , MEMORANDUM: TO: Jason Epley *0, Division of Community Assistance FROM: Doug Huggett Major Permit Coordinator SUBJECT: CAvtA/DREDGE &FILL Permit Application Review Applicant: Stuart W. Point Project Location: 194 Tanglewood Drive., adjacent to the AIWW, in Masonboro Sound, in New Hanover Co. Proposed Project: The applicant proposes to construct a private pier,gazebo, (2) floating docks and (2)boatlifts into the AIWIVNasonboro Sound. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 30,2005. If you have any questions regarding the proposed project,please contact Robb Mairs 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. J SIGNED DATE r� -oS�� 127 Cardinal Drive Ext., Wilmingion, North Carolina 28405-3845 Phone: 910-395-39001 FAX: 910-395-39641 Internet: www.nccoastalrnanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recye:ed t 10%Post Consumer Paper R NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley,Governor Charles S. Jones, Director William G. Ross Jr., Secretary April 6, 2005 MEMORANDUM: TO: Dan Sams For James Simmons 4 Division of Land Resources FROM: Doug Huggett *0& Major Permit Coordinator �E� SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Stuart W. Point r Project Location: 194 Tanglewood Drive., adjacent to the AIWW, in Masonboro Sound, in New Hanover Co. Proposed Project: The applicant proposes to construct a private pier, gazebo, (2) floating docks and (2) boatlifts into the AIWW/Masonboro Sound. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 30, 2005. If you have any questions regarding the proposed project, please contact Robb Mairs at(910) 395-3900. When appropriate, in-depth comments with supporting data is requested. REPLY: 1/This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED ;'YZ. DATE ?- D S 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-395-3900\ FAX: 910-395-3964\Internet: www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper , D EC EOV [ „ APR 1 8 2005 NCDENR DMF•HABITATPROTEaa North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary April 6, 2005 MEMORANDUM: TO: Fritz Rohde For Preston P. Pate, Jr., Director Division of Marine Fisheries FROM: Doug Huggett Major Permit Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Stuart W. Point Project Location: 194 Tanglewood Drive., adjacent to the AIWW, in Masonboro Sound, in New Hanover Co. Proposed Project: The applicant proposes to construct a private pier, gazebo, (2) floating docks and (2) boatlifts into the AIWW/Masonboro Sound. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 30, 2005. If you have any questions regarding the proposed project, please contact Robb Mairs at (910) 395-3900. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED J X( DATE V/1 3( 0 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-395-3900\ FAX: 910-395-3964\ Internet: www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper 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 �i v�ii V I-,"L� April 6, 2005 APR 0 7 2005UNIr MEMORANDUM: 1 ' TO: Linda Lewisj�1 and Noelle Lutheran Q� Division of Water Quality FROM: Doug Huggett Major Permit Coordinator SUBJECT: CAMA/DREDGE& FILL Permit Application Review Applicant: Stuart W. Point Project Location: 194 Tanglewood Drive., adjacent to the AIWW, in Masonboro Sound, in Ng Hanover o. Proposed Project: The applicant proposes to construct a private pier, gazebo, (2) floating docks and (2) boatlifts into the AIWW/Masonboro Sound. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 30, 2005. If you have any questions regarding the proposed project,please contact Robb Mairs 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 41 Gu DATE 4—7-05 127 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 RCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary April 6, 2005 I APR 2 S20 MEMORANDUM: - 9 SPELL FISH SANITATI(" c(� 1 TO: Patty Fowler SHF�Ca�SNS (' NCDENR-Division of Environmental Health qN Shellfish Sanitation Section "`�-Ar/0 FROM: Doug Huggett Major Permit Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Stuart W. Point Project Location: 194 Tanglewood Drive., adjacent to the AIWW, in Masonboro Sound, in New Hanover Co. Proposed Project: The applicant proposes to construct a private pier, gazebo, (2) floating docks and (2) boatlifts into the AIWW/Masonboro Sound. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 30, 2005. If you have any questions regarding the proposed project, please contact Robb Mairs at (910) 395-3900. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. G This agency has no comment on the proposed project. 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. )0a t t SIGNED DATE - d 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastaImanagement.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 Aprcl6, 2005 APR © 7 2005 MEMORANDUM: BY: TO: Linda Lewis \ and Noelle Lutheran Division of Water Quality J FROM: Doug Huggett Major Permit Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Stuart W. Point Project Location: 194 Tanglewood Drive., adjacent to the AIWW, in Masonboro Sound, in New Hanover Co. Proposed Project: The applicant proposes to construct a private pier, gazebo, (2) floating docks and (2) boatlifts into the AIWW/Masonboro Sound. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 30, 2005. If you have any questions regarding the proposed project, please contact Robb Mairs at(910) 395-3900. When appropriate, in-depth comments with supporting data is requested. 1Jd/c1 � REPLY: This agency has no objection to the project as proposed. iild l/'�� kf-5 This agency has no comment on the proposed project. 5 1/Zdj-65— 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 i9ai,_ DATE Ito S 1 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 f Ali NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary April 6, 20051' MAY 3 l 400� a MEMORANDUM: Morehead Cl-ty 0C M TO: Bennett Wynne NC Wildlife Resources Commission FROM: Doug Huggett Major Permit Coordinator SUBJECT: CAMA/DREDGE&FILL Permit Application Review Applicant: Start W. Point Project Location: 194 Tanglewood Drive., adjacent to the AIWW, in Masonboro Sound, in New Hanover Co. Proposed Project: The applicant proposes to construct a private pier, gazebo, (2) floating docks and (2)boatlifts into the AIWW/Masonboro Sound. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 30,2005. If you have any questions regarding the proposed project,please contact Robb Mairs 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. Thi5 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 �Z 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet www_nrrnastalmananPmPnt.net 'i► DISTRICT 3 APR 13 20 RCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary ROADIVE ENVIRONMENTAL LUT Lk*how April6, 2005 RECEIVED 0tons . APR 18 MOL MEMORANDUM: 2005 DIV.OF COASTAL MMAGEMENT APQ I 1 SOS TO: Ken Pace -e� RALEIGH NCDOTnee Don State Construction/Materials Branch Rog ma__ ViMuWo"Mk�tl MgL FROM: Doug Huggett Major Permit Coordinator ,, �4 ���, L �- SUBJECT: CAMA/DREDGE & FILL Permit Application Review Gp^ 2005 w Applicant: Stuart W. Point Morehead City DOM Project Location: 194 Tanglewood Drive., adjacent to the AIWW, in Masonboro Sound, in New Hanover Co. Proposed Project: The applicant proposes to construct a private pier, gazebo, (2) floating docks and (2) boatlifts into the AIWW/Masonboro Sound. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 30, 2005. If you have any questions regarding the proposed project, please contact Robb Mairs 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 010 DATE S 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper AGA NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary April 6, 2005 FAX: 343-2229 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Public Notice - Stuart W. Point Dear Ms. Blake: Please publish the attached Notice in the April 9, 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 a copy of the 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 the original invoice and a copy of the affidavit for payment to Bev Rivenbark at 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. Sincerely, Beverly iven Coastal Manag ent dmin. 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 March 25, 2005. According to said application, Stuart W. Point, proposes to construct a private pier, gazebo, (2) two floating docks and (2) two boatlifts into the AIWW/Masonboro Sound, at 194 Tanglewood Drive, adjacent to the AIWW, in Masonboro Sound in New Hanover County. A copy of the entire application may be examined or copied at the office of Robb Mairs 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 30, 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. NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones Director William G. Ross Jr., Secretary April 6, 2005 Stuart W. Point 300 Windchase Ln. Wilmington, NC 28409 Dear Mr. Point: The Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your property located at 194 Tanglewood Dr., in New Hanover County. It was received complete on 3/25/05, and appears to be adequate for processing at this time. The projected deadline for making a decision is 6/8/05. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from 3/25/05, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. A field report has been prepared and is in the process of being circulated to the various state and federal review agencies for their comments. If additional information is required based on this review, the agencies may contact you directly. Sincere Robb Mairs Field Representative cc: Doug Huggett, DCM Ted Tyndall, DCM Jim Gregson, DCM Debbie Wilson, LPO Henry Wicker, COE 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-395-3900\Fax: 910-350-2004\ Internet: http://nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper No r NJ4 I I ( oo* 19A , AMA ERMIT APPLIED FOR PROJECT: AM^ Z, ro •% • .31� Zoa� COMMENTS ACCEPTED THROUGH �• L ,_ P FOR MORE DETAILS CONTACT APPLICANT: THE LOCAL PERMIT OFFICER BELOW: !Oto- j fii - ,f� 3fao DIVISION OF r0ACTA ,�� AI).1AC'F�'T RIPARIAN PROPFRT�' } u l�n II it :I " !9 DEC 2 Name Of Individual Applying For Permit: // N OF d ' NA E N T Address Of Property: q /lei (Lot or Street #f,, eet or Road, City & County) 1 hereby certify that I own property adjacent to the above-referenced prope applying for this permit has described tote as shown on the attached draw g th dev lopm nt they are proposing. A description or drawing, with dimensions, should be provided ith this letter. I have no objections to this proposal. I��tL!ll. haY� oh�Prt}nnc in what lc hei _ _ � —g 2"g"e- wri W� gn' the T�iYisic)n of T W A TVFR SFrTipN 1 understand that a pier, dock, mooring pilings, breakwater, boat house, lift or sandbags ust be set back a minimum distance of 15' from my area of riparian access unless waived by me. I(If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. _ I du-= wish to waive the 15' setback requirement. 6 � Signature Date m Print Name 1710 RCDtNk Telephone Number With Area C ode NORTH G ROLjNA pM.^NTME,,R of E"ROMMExr AMD NAnJRO.L REsoUR iI DIVISIn AI?.IAC'FN''T RIPARIAn` pRnpFRTY(�l4�'F.R Nn , f DEC 2 3 U04 11 IV14110 OF Name Of Individual Applying For Permit: _ J T u G:Yt rA 1 V A O F Address Of Propem: 7ayl /v _ 7Qy (Lot or Street , Street or Road, City & County) 1 hereby certify that I own property adjacent to the above-referenced property.ny• The a�tvtdual applying for this permit has described to the as shown on the attached drawing the dev lopment they are proposing. A description or drawing, with dimensions, should be provided with this letter. I _ 1 have no objections to this proposal. If YQ".haY_r_ t'nnc o what is hei _�nrnnncr�i TIIPACP ,� ♦ i r��„`�I Marla=Pment•_1?1 North - - Sion gJanMina 2&1�I,�,��jk —�.?.11�,�a�s of rr►rrjpt of ihi� nnrirp- Nn r _cnc�ner c rn�ci� r if ppu have hrPn nntifiPrt hit (`P,•r,f;o,t �'taii i I understand that a pier, dock, mooring pilings, breakwater, boat house, lift or sandbags i ag >`ttust be set back a minimum distance of 15' from my area of ripa.-rian access unless waived by me_ i(If you wish to waive the setbazk, you must initial the appropriate blank below,) `I I do wish to waive the 15' setback; requb-etnent. I _ I do-= wish to waive the 15' setback requirement. 12 S i Date Avre Print N e ;�� FqCDENR Telephone Number Wit Area Code Nopr" C�&Roum.. Ur�a.rr,.grrr uF EW"R6NMEM•wD NAGVRAI Reso'_C� I APP-A7-pnnl 17:4R Frnm: To:910 452 5022 P.2'2 AU.IA['Fti=r_RIP T>:1LY.LS1QZi, �I (, . � f � 'P;p DEC 2 3 a0y Nance Of Individual Applying For Permit: . _ J�� f i V"'AO OF r A AGEMENT d Address Of Property; �Qh (Lot or Street Street or Road, City & County) 1 hereby certify that I own property adjacent to the above-referenced roe applying for this permit has described tome as shown on the attached drawing the ev otpm nt they are proposing. A description or drawing, with dimensions, should be provided with this letter. 1 have no objections to this proposal, 2 2 �..3iAu av nh�ecti �n whAt is nrnpas �y IYla17 lr�fjyr Wjl i ��lYLLiII"_Ctj 7��V � ��•-'��L.Cd.11 14c1f}within In rinVS�F�f dui--,�n^,�• �.. 'I ern I I� 1 understand that a pier, dock, mooring pilings, break-water. boat house, lift or sandbags tnust be set hack a minimum distorter of 15' from my area of rgariaa acaesS unlees waived by me wish to waive the setback, you muss initial the Appropriate blank below.) �(If you I do wish to waive the 15' setback requirement. f I dO an wish to waive the 15' setback requirement. f I LE A Irint Date e �� NCDENTelephone Number With Area Code CwvinOwr�.n�+D traU�.v.RLaOJA � i SENDER: COMPLETE ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse X ❑ Addressee so that we can return the card to you. B. Received by(Printed Name C.�t. of Delivery ■ Attach this card to the back of the mailpiece, ff✓or on the front if space permits. D. Is delivery address differeht-f om item 1 ❑Yes 1. Article Addressed to: if YES,enter delivery address below. ❑ No a/i d Mk /, �/ ce,. ie/r /?0 at,q e4cv i / / 3. Service Type Certified Mail C3 Express Mail ❑ Registered ❑ Return Receipt for Merchandise tttJJJ O( �T// ❑Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) ❑ Yes 2. Article Number 7004 2890 0003 4010 0266 (Transfer from service label) PS Form 3811,August 2001 Domestic Return Receipt 2ACPRI.03-P-4081 Postal CERTIFIEDRECEIPT o (Domestic Mail Only, No Insurance Coverage Provided) C3 GIAL U t: o Poetepe $ S .37 0401 F n Certllled Fee $2.30 43 0 Postmark 0 Return Receipt Fee $1.75 Here C3 (Endorsement Required) 0 Restricted Delivery Fee $0.00 o- (Endorsement Required) CID f4.42 04/07/2005 rU Total Postage&Fees C3 1 nt //✓�/ 0 rvn •.-- I94 �n F� r,ve or PO Box No. p�......__C.. crrj sieie;ziP+e ' "' .rr r SECTIONNDER: COMPLETE THIS COMPLETE ;omplete items 1,2,and 3.Also complete A. sign tem 4 if Restricted Delivery is desired. ❑Agent print your name and address on the reverse X ❑Addressee 3o that we can return the card to you. B. by ed Name) C. a Deattach this card to the back of the mailpiece, 17iv.d f a rr on the front if space permits. \rticle Addressed to: D. Is delivery address different from item ll. ❑ Yes if YES,enter delivery address below: ❑ No 11cewo0 Ji 7 Clf— 3. Service Type If Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑ Yes \rticle Number Transfer from sendce label) 7004 2890 0003 4 010 0259 Form 3811,August 2001 Domestic Return Receipt CPRI-03-P-4081 APR 2 0 2005 tr i CERTIFIED MAILr RECEIPT BY: Domestic Only; .• ti Ma C3�n . tt 0 f♦1�II N 1bN sG I /''ppA L. US Poataoo $ $0.37 m cerdW F« �$2.30 0401 p 03 Po>mnanr t3 Rewm Rsoelvt Fee $1.75 Here O (EndmwTwf Requhad) t7 Restricted Delivery Fee $0.00 Er (Endorsement Required) CD $4.42 04/07/2005 fl_I Total Postage 3 Fees C3 SON o ;---/�J�----------orPOOmNO. ---- --- PS Form 3800,June 2002 see Reverse for Instructions Apr 07 20 01 : 29p Point 910-452-5022 p. 2 � FOR RE tiTRATION RE¢I¢TER OF Di!? CCR t ll 77Y1i�1_ �Q Z 04 JIat113 UJUb M SK,4156 P6.111-116 fEE36 M G IC REV STAMP;08.00 1CM I Mill 1;1° �O t� m m Prepared by and Return to NANCY M GUYTON, Attorney at Law 321 North Front Street,Wilmington, NC 28401 Excise Tax $890 00 RETtJRNEDTO T °1 TAX PARCEL No Ro7z�r-o0s-aol-ooa fir., NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED, made this day of January, 2004 by and between, DAVID R. PRICE and wife, SUZANNE W. PRICE, herein, whether one or more, called GRANTORS, and POINT CLAN 2, LLC, whose mailing address is 300 Wind Chase Lane, Wilmington, North Carolina 28409 herein, whether one or more, called GRANTEES WITHESWITH THAT: THE GRANTORS, for and in consxienabon of the sum of Ten Dollars ($10 00) and other valuable considerations to them in hand paid by the GRANTEES,the receipt whereof is hereby acknowledged, have bargained and sold, and by these presents do hereby grant, bargain, sell and convey unto GRANTEES and their heirs, successors. and assigns farever,all that oertam real property located In Now Hanover County, North Carolina, described on Exhibit A attached hereto and incorporated herein by reference The property here+nabove described was acquired by GRANTORS by instrument recorded in Book 2304, Page 42, of the New Hanover County Registry - r - Apr 07 20 01 : 29p Point 910-452-5022 p. 3 TO HAVE AND TO HOLD the above granted and described property, together with all and singular, the rights, privileges, easements,tenements and appurtenances thereunto belonging, or in anywise appertaining unto the said GRANTEES, their hears, successors, and assigns, in fee simple, forever AND THE GRANTORS, for themselves, their heirs, successors and assigns, do covenant to and with the said GRANTEES, their heirs, successors, and assigns, that GRANTORS are seized to fee of the above granted and described property, that GRANTORS have good right to sell and convey the same in fee sample, that the same is free and clear from any and all restncbons, easements or encumbrances, and that GRANTORS will and their heirs, successors, and assigns wall warrant and defend the title to the sarne against the la3tutrful clamp and demands of any and all persons whomsoever except for the exceptions hereinafter stated TrNe to the property hereinabove described is subject to the following exceptions 1 AN easements, rights of way and restncttons of record 2 All governmental land use statutes, ordinances or regulabons, including, zoning, building and subdivmton regulations 3 Ad valorem taxes for current and subsequent years IN TESTIMONY WHEREOF,the said GRANTORS have hereunto set their hands and seals as of the day and year first above written _ (SEAL) David Price ; ��--� (SEAL) C) S nne W. P ce NIA 4 Z 2 � �0 2� _L_ Apr 07 20 01 : 29p Point 910-452-5022 p. 4 STATE OF NORTH CAROLINA COUNTY OF ►.� - � � C"A0` S r" , a Notary Pubitc to and for the State and C9untY aforesaid, do certify that, red and ocknowledg the due execution of the forego personally n�meentbefore me this day WITNESS my hand and of o ral seal this day of 2004 (SEAL) ci Notary c .•�44 fr � P �G ! My Commission Expires z O O 9�0 O 7- 0 z,, Apr 07 20 01 : 30p Point 910-452-5022 p. 5 BTA Lena! Desolation To arrive at the true beginning point, commence at the mtersecbon of the easterly extension of the center line of Tanglewood Drive with the easterly right'Po of way line of a 43 63 foot wide right of way dirt road as shown on a map of Section 1, Tanglewood recorded in Map Book 7 at Page 29, of the New Ha r County Registry Go thence in a southerly direction along the easterly right o Q way line of said 43 63 foot wide right of way road 184 36 feet to a point at the -7 2 intersection of said easterly right of way line with the southerly nght of way liner a 50 foot wide unpaved road shown on said recorded map Go thence South 5t,O degrees 47 minutes 24 seconds East 40117 feet with the southerly right of way Z Z line of said 50 foot Ande road to an old iron pipe, at the intersection of the 0 southerly right of way line of said 50 foot road with the easterly right of way line of m a 20 foot wide road right of way line as shown on said Record Map, THE TRUE f BEGINNING POINT Running thence from said BEGINNING POINT mZ 1 South 50 degrees 47 minutes 24 seconds East 384 12 feet with the southerly right of way line of said 50 foot wide road to a point in the mean high water line of Masonboro Sound, the last said point also bung located North 50 degrees 47 minutes 24 seconds West 6 15 feet from an old concrete monument, thence 2 along and with the mean high water line of Masonboro Sound, as it meanders to a point that is South 49 degrees 27 minutes 19 seconds West 2178 feet, South 34 degrees 00 minutes 02 seconds West 35 79 feet and South 28 degrees 00 minutes 57 seconds West 27 78 feet from the preceding point, this last point also tieing located South 48 degrees 19 minutes 00 seconds East 22 69 feet from an old concrete monument, thence 3 North 48 degrees 19 minutes 00 seconds West 380 86 feet, passing through the last said concrete monument at 22 69 feet, to an old iron pipe in the easterly nght of way line of said 20 foot wide dirt road,thence 4 North 32 degrees 10 minutes 00 seconds East 68 41 feet to the POINT OF BEGINNING The above described tract contains 0 66 acres and is all of Tract 1 conveyed to Superior Home Builders, inc by deed recorded in Book 2127, Page 598, of the New Hanover County Registry This conveyance is SUBJECT TO an access easement in, to, over and through the above described property, which easement is described as follows To arrive at the true beginning point, commence at the intersection of the easterly extension of the center line of Tanglewood Drive with the easterly right of way line of a 43 63 foot wide right of way dirt road as shown on a map of Section 1, Tanglewood recorded in Map Book 7 at Page 29, of the New Hanover County Registry Go thence in a southerly direction along the easterly right of Apr 07 20 01 : 30p Point 910-452-5022 p. 6 way line of said 43 63 foot Nude nght of way road 184 38 feet to a point at the intersection of said easterly right of way line with the southerly nght of way line of a 50 foot wide unpaved road shown on said recorded map Go thence South 50 degrees 47 minutes 24 seconds East 401 17 feet with the southerly right of way line of said 50 foot wide road to an old iron pipe, at the intersection of the southerly right of way line of said 50 foot road with the easterly nght of way line of a 20 foot wide road right of way line as shown on said Record Map, THE TRUE BEGINNING POINT Running thence from said BEGINNING POINT 1 South 50 degrees 47 minutes 24 seconds East 47 07 feet with the northerly line of the above described tract to a point, thence 2 South 89 degrees 37 minutes 03 seconds West 55 42 feet to a point in the easterly nght of way line of the above descnbed 20 foot wide road, thence 3 North 32 degrees 10 minutes 00 seconds East 35 59 feet with the easterly right of way line of said 20 foot wide road to the POINT OF BEGINNING The easement described above contains 831 square feet 00 IX 2 0� _ 5