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118-05 Pelican Point Dock Owners Association, Inc.
o- Permit Class Permit Number NEW 118-05 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and COPY Coastal Resources Commission i i mt� for X Major Development in an Area of Environmental toncer� pursuant to NCGS 113A-118 f t 2 7 20u� Excavation and/or filling pursuant to NCGS 11ftrehew Issued to Pelican Point Dock Owners Association,Inc., 167 Big Hammock Point Rd.,Sneads Ferry,NC 28460 Authorizing development in Onslow County at adi. AIWW, 138 & 140 Big Hammock Point Rd. near Stump Sound, Sneads Ferry , as requested in the permittee's application dated 10/22/04, including the attached workplan drawings (3) dated revised 4/8/05 This permit, issued on July 15. 2005 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Docking Facility 1) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 2) The permittee is reminded of condition No. 15 of CAMA Permit No. 43-95, which authorized construction of the existing 10-slip docking facility. This condition, which shall be enforced throughout the entire existence of the permitted structure(s), reads as follows; "Deed restrictions shall be placed on owners of all unsold lots on Chadwick Bay, specifically lots 8, 9, 13, 14, 15, 16, and 17 that prohibits them from construction out into Chadwick Bay. The owner of lot 46 shall also have deed restrictions prohibiting construction waterward of MHW since it will be entitled to a boat slip within the community pier and dock". (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. Chad's S. Jones, Director Any maintenance work or project modification not covered Division of Coastal Management hereunder requires further Division approval. 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 5, that your project is consistent with the North Carolina Coastal dement Program. Siznature of Permittee Pelican Point Dock Owners Association, Inc. Permit#118-05 Page 2 of 4 ADDITIONAL CONDITIONS 3) TZ permit does not authorize an increase in the number of slips at the previously authorized 10-slip docking facility. NOTE: Any proposal to add one or more additional boat slips to the authorized 10-slip facility will require that the docking facility be classified as a marina, and will therefore require a review under the N.C. Environmental Policy Act(NCEPA). 4) This permit authorizes only the floating dock, finger piers, and associated pilings necessary for the u: docking facility located in or over the water that are expressly and specifically set forth in the permit w{ application. No other structure, whether floating or stationary, shall become a permanent part of this w 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) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 6) 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. 7) The authorized structure and associated activity shall not cause an unacceptable interference with navigation. 8) 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. 9) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. x 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. 10 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. 11) The roof of the covered gazebo shall not be designed for second story use. 12) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with T15A:07H.0208 of the Rules of the Coastal Resource 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. 1 Pelican Point Dock Owners Association,Inc. Permit#118-05 Page 3 of 4 13) No portion of any structure shall be located within 80 feet of the near bottom edge of the federally maintained channel. An as-built survey shall be performed on the docking facilities, and copies of the survey provided to the U.S. Army Corps of Engineers and Division of Coastal Management, within 60 days of completion of construction of these portions of the project. General 14) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of-the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 15) No vegetated wetlands or open water areas shall be excavated or filled, even temporarily. r. 16) The construction and/or operation of the authorized facilities shall not directly result in any closure of any waters that are open to the taking of shellfish. Any such closure directly attributable to the marina facility will require that the permitee undertake remedial actions to remedy the situation. Such actions may include, but are not limited to, a removal of any unauthorized slips or mitigative measures to reduce or eliminate the cause(s) of the closure. 17) The West Indian Manatee (Trichechus manatus), which is listed as a federally endangered species, has been reported in the waters in Pender County. In order to protect the West Indian manatee all work should be done during the period from November 1 through May 31. If work must be done during the period from June through October the enclosed guidelines, entitled "Precautions for General Construction in Areas Which May Be Used by the West Indian Manatee in North Carolina" must be followed. NOTE: It is strongly recommended that the permittee exercise all available precautions in the day-to-day operation of the facility to prevent facility waste from entering the adjacent waters. Such discharge, either directly or indirectly, to adjacent waters could contravene state water quality standards, thereby violating state law. 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. •AO•k•:M•k:K�40•�-0�'POD• .O•h•-0<;N,TYS•iK•.h,P}O•:.Q,}?� Pelican n Point Dock Owners Association, Inc. Permit#118-055 Page 4 of 4 ADDITIONAL CONDITIONS NOTE: Should either adjacent property be sold prior to the initiation of construction, the permittee shall be required to obtain a signed riparian corridor waiver from the new property owner prior to the placement of any structures within the 15-foot riparian corridor. NOTE: The N.C. Division of Water Quality has assigned the proposed project DWQ Project No. 050821. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 200500765. x Y , k r. AYA 1yy. '7 X. 7 �:<.:�.;X-};.}�}Y:.:nt:-0-Xi.:;.hd-N1-J-}b:-WN}:`.}i-}Sim:-X-:OX4�'fi:.�XOiJ+?'r:-}tiv�':t4?tiv:^r�:v!.i};.;.:-h`N-.`.'ti�-'r:4:-}0��..�S frv4`-0tii-0-Y.`-T:.�}Y:�•,`:-Pti'4`ti-::<n'v�:t-ice:�X.Cti-W.4PY?h}pi.i-h`4^?0-0C�rXYNP.'' Xl-�VA AP�"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 July 18,2005 Pelican Point Dock Owners Association,Inc. 167 Big Hammock Point Road Sneads Ferry,NC 28460 Dear Sir or Madam: The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. Please sign both the original (buff- colored form) and the copy. Return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. Please retain the original(buff-colored form),as it must be available on site when the project is inspected for compliance. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A- 121.1 or 113-229.Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty(20)days,the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance require additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it is to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site.To facilitate this review,we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Sincerely, R#7& Douglas V. Huggett Major Permits and Consistency Manager Enclosure 400 Commerce Avenue, Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer-50%Recycled 110%Post Consumer Paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Pelican Point Dock Owners Association,Inc. 2. LOCATION OF PROJECT SITE: The property located at 138& 140 Big Hammock Point Rd,adjacent to the AIWW, near Stump Sound, in Sneads Ferry, Onslow County. Photo Index-2000: 28-389: 0-(13) 1998: 15-342: F,G-(13) 1995: 28-377: 0,P-(22) State Plane Coordinates-X: 2,491,013 Y: 284,958 GPS File: P042718A 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit—04/27/05 Was Applicant Present—No 5. PROCESSING PROCEDURE: Application Received—Complete on 04/12/05 Office—Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan—Onslow County Classification From LUP-Conservation (B) AEC(s)Involved: EW,PT (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing—Septic Tank Planned -None (F) Type of Structures: Existing —Community Dock with 150'x 6' T-head, 10 slips, seven 24' finger piers and four boatlifts. Planned—Applicant is proposing to extend 7 existing finger piers six feet waterward, install four new 30' finger piers, install six new boatlifts in the existing slips, 17 bumper pilings and install a 14' x 14' Gazebo. (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 466 ft 2 additional (incorporation) (C)Other(Highground) (D) Total Area Disturbed: 466 ft 2 additional (E) Primary Nursery Area: Yes (F) Water Classification: SA Open:Yes 8. PROJECT SUMMARY: Applicant is proposing to extend 7 existing finger piers six feet waterward, install four new 30' finger piers, install six new boatlifts in the existing slips, install 17 bumper pilings and install a 14' x 14' Gazebo. Pelican Point Dock Owners Association, Inc. Page Two 9. PROJECT DESCRIPTION: The project site is located at 138 & 140 Big Hammock Point Rd, adjacent to the AIWW, near Stump Sound, in Sneads Ferry, Onslow County. The property is bordered on the east side by the AIWW. According to the permit application the lots are 76' x 358' and 76' x 331' respectively or approximately 52,360sf.2. The only development at the project site is an existing 10 slip docking facility with a 6' x 374' access walk over coastal marsh. These lots are mostly coastal wetlands. Coastal wetland species present on this site in the upper marsh are giant cordgrass (Spartina cynocoroides), cattail (Typha, spp.),black needlerush(Juncus roemarianus), sea lavender(Limonium, spp.), spike grass (Distichlis spicata), salt meadow grass (Spartina patens), salt marsh cordgrass (Spartina alterniflora) and glasswort(Salicornia spp). There are some high ground hummocks in this are that contain some wax myrtles and red cedars.The normal high water(NHW) at this site is located approximately 60' landward of the existing docking facility. There is an eight-foot boarder of salt marsh cordgrass (Spartina alterniflora) low marsh fringe at the waters edge. CAMA Major Permit#43-95 was issued to Scarfoni Associates Inc. on April 24, 1995 for Pelican Point Subdivision and construction of the community dock with the following deed restrictions; "Deed restrictions shall be placed on the owners of all unsold lots on Chadwick Bay, specifically lots 8, 9, 13, 14, 15, 16, and 17 that prohibits them from construction out into Chadwick Bay. The owner of lot 46 shall also have deed restrictions prohibiting construction waterward of MHW since it will be entitled to a boat slip within the community pier and dock."A CAMA General Permit was issued on December 8, 1998 to reconfigure the docking facility. The existing facility has a 6' x 374' pier, of which approximately 60' is waterward of Normal High Water(NHW). There is a 6' x 150' T-head with six 3' x 24' and one 2' x 24' finger piers. There are currently five boatlifts in the existing slips. The existing docking facility crosses the riparian corridor on the northern side of the project site. The applicant has written permission for the property owner to the north to encroach onto his riparian corridor. The Onslow County Land Use Plan classifies the upland areas of this project as other. The waters of the project site are classified as SA by the NC Division of Water Quality. The NC Division of Marine Fisheries has designated this area of Stump Sound as a Primary Nursery Area, and the waters adjacent to the proposed project are open to the harvesting of shellfish. PROPOSED PROJECT: The applicant proposes to expand the existing docking facility 6' waterward, install 17 bumper pilings, install five new boat lifts and enlarge one, and install a 14' x 14' Gazebo. The waterward expansion includes extending the existing finger piers 6' waterward and the installation of four new 3' x 30' finger piers. The applicant also proposes to install 17 bumpers pilings at the end of the finger piers. The water depth at the end of the dock ranges from—3.3' @ MLW on the north side and-5.2'@ MLW on the south side,the water depths were measured at low tide. The proposed location of the gazebo would be on the southern portion of the T-head. The waterward edge of the proposed structure would be setback a minimum of 88' from the near bottom edge of the Federal channel. The total docking facility is a total of 2,086 ft.2. 10. ANTICIPATED IMPACTS The proposed dock expansion would result in the incorporation of an additional 466 ft.2 of Public Trust Area and Estuarine Waters. The existing facility currently occupies 1620 ft.2 for a total incorporation of 2,086 ft.2 of Public Trust Area and Estuarine Waters. Submitted by: J. W. Giles Date: May 2, 2005 Office: Wilmington Recommendations for State Permit— Pelican Point Dock Owners Association,Inc. The proposed additions exceed the 4 ft.Z per one linear foot of shoreline for the proposed project site. However, there are deed restrictions imposed on the lots that are allotted slips that prohibits any piers or docks. The total shoreline length for all the lots with the deed restrictions is 909'. This would allow for 3,636 ft.2 of docking area and the applicant is proposing 2,086ft.2. In the event this permit is approved,this office would recommend that permit for the proposed development should include the following conditions: 1. The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the project without having the permit transferred to a third-parry. = 2. This permit authorizes only the floating dock, finger piers and associated pilings necessary for the docking facility located in or over the waters that are expressly and specifically set forth in the permit application. No other structures, whether floating or stationary,may become a permanent part of the structure without a permit modification. No non-water dependent uses of structures may be conducted on, in or over public trust waters without a permit modification. 3. The pier and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owners riparian access corridor, which is determined by drawing a line parallel to the channel,then drawing a line perpendicular to the channel line that intersects with the shore at the point where the upland property line meets the water's edge. This requirement shall be void provided that a written waiver of the 15 feet setback is obtained from the affected adjacent riparian property owner. 4. In order to protect water quality, runoff from the construction must not visibly increase the amount of suspended sediments in adjacent waters. 5. The permiee must install and maintain, at his expense, any signal lights and signals prescribed by the US Coast Guard through regulations or otherwise,on authorized activities. 6. Future development on the permittee's property may require a modification of this permit. Contact a representative of this Division at(910) 395-3900 prior to commencement of any such activity for this determination. . 7. The construction of the proposed project shall be in compliance with all local, State and Federal regulations and associated permit conditions. 8. The authorized structure and associated activity must not cause an unacceptable interference with navigation. 9. No excavation of shallow water bottom or any wetlands is authorized by this permit. 10. This permit authorizes a maximum of ten(10)boat slips. At no time shall more than 10 vessels be moored or docked at the facility. The restriction of the number of vessels shall apply to all marine vessel types, including but not limited to motorboats, sailing vessels and personal watercraft. Recommendations for State Permit—Pelican Point Dock Owners Association, Inc. Page Two 11.No sewage,whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. . 12. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 13. This permit does not authorize the interference with any existing or proposed Federal project, and,the permittee will not be entitled to compensation for damage to the authorized structure or work,or injury which may be caused from existing or future operations undertaken by the United States in the public interest. . NOTE: Permanent reflectors should be attached to the structure in order to make it more visible during hours of darkness or inclement weather. Form DCM-M 1-1 CZ: _� , APPLICATI try (To be completed by all applicants) ASP4 8/N O� NA0"� MFNT b. City, town, co sty or landmark S_�lEP�DS U K y 1. APPLICANT -- (,rRAN C i S T � 2 C-s. C. Street address or secondafy road number o GK /3 6> 140 ,Q/G HAN/McCGK ,Tbi IU-r a. Landowner: RE L-i c-Ate/ Name �`�N 2.s A Ss a-ri ciAl T,'J e,, d. Is proposed work within city limits or planning � jurisdiction? Yes _X No Address ,lJ��; /'�Mit9G�c K I Din!i l?�. -- e. Name of body of water nearest project (e.g. river, City aF—A cxs F2P y State AIC creek, sound, bay) TN T2A COOS a' W+-r1FC u1RX Zip 28460 Day Phone 910-,92-� —04jZ Fax 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT b. Authorized Agent: Name a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead,pier, and excavation and/or filling activities. Address L G&)(jTN E nu t)V S 7-i-Q(; A J D N c w $OA T— A cC ass F'i�vsr 2 pi E`2S City State r "/V s i fT c N C w f 4AI4 C A-Z ER p •� Fx�STi NS pig 2, sr_� FiGu2t .#� Zip Day Phone _ b. Is the proposed activity maintenance of an existing project, new work, or both? RDTH Fax C. Will thepproject be for public,private or commercial C. Project name (if any) use?_ Y2 i V A ice' d. Give a brief description of purpose, use, methods of construction and daily operations of proposed N07E.• Par*will be irrwd in name of landowner(q,andlor project. If more space is needed, please attach project name. additional pages. 2. LOCATION OF PROPOSED FRAM/NS oi- 8og-�- ccFsS PROJECT a. County 00ZLOW C0011J y Revised 03/95 Form DCM-MP-1 �w COAS I SIOI j OF m. Describe existing wastewater trC4 tM"i—es. 4. LAND AND WATER s i iZ'' A144,5 /F ccEs,S 7'o ro 0 Z 71 f CHARACTERISTICS i o�A1 Ti Fs s u�c 2� LOTS 47 j'48 TcZTAL. . a. Size of entire tract 5���s 1_ n.. Describe location and type of discharges to waters a,Aa N i-7 D gy i o yo M k of the state. (For example, surface runoff, sanitary b. Size of individual lot(s) o W N E2s sEe Fi G. 0Z f#3 wastewater, industrial/commercial effluent, "wash down" and residential discharges.) c. Approximate elevation of tract above MHW or �UA�U2AL .SuR F7�c.L�u1Vr_)F o&J(y2AL -SuR FAc.L�ufir_)f-` o+yey NWL Z.F:TT M44 V\J d. Soil type(s) and texture(s) of tract o. Describe existing drinking water supply source. MA?- H f -SaMT) SHCl-H � AMT) SHC1-L oMsLc3\AJ c©t) nJT vJA,-M on) IE2. e. Vegetation on tract M A 2 54-1 C,R ASS, WC-TLA^tD V EGG-FATIoN�1bHEsricGQAss f. Man-made features now on tract 'C- w s T/N��Pi s=Q 5. ADDITIONAL INFORMATION g. What is the CAMA Land Use Plan land In addition to the completed application form, the classification of the site? (Consult the local land use plan.) following items must be submitted: Conservation Transitional Developed Community A copy of the deed (with state application only) or Rural _Other other instrument under which the applicant claims title ,,to the affected properties. If the applicant is not h. How is the tract zoned by local government? claiming to be the owner of said property, then N A 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 cionpUance cerrificate, 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 die tract? Yes _No Coastal Resources Commission Rule 7J.0203 for a If yes, by whom? detailed description.) k. Is the project located in a National Registered Please note that original drawings are preferred and Historic District or does it involve a National only high quality copies will be accepted. Blue-line Register listed or eligible property? prints or other larger plats are acceptable only if an Yes X_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)-.Z„ Other drawings.) A site or location map is a part of plat If yes, has a delineation been conducted? NO requirements and it must be sufficiently detailed to (Anach docz n entation, if available) guide agency personnel unfamiliar with the area to the Revised 03195 DECEZVE Form DCM-MP-1 DEC 0.2 2004 DIVISION OF COASTAL MANAGEMENT site. Include highway or secondary road (SR) numbers, landmarks, and the like. 6. CERTIFICATION AND PERNIISSION • A Storrriwater Certification, if one is necessary. TO ENTER ON LAND • 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 ;n the permit. by certified mail. Such landowners must be advised that they have 30 days in which to submit comments I certify that to the best of my knowledge, the proposed on the proposed project to the Division of Coastal activity complies with the State of North Carolina's Management. Upon signing this form, the applicant approved Coastal Management Program and will be further certifies that such notice has been provided. conducted in a manner consistent with such program. Name C D W AR0 T: C All. A H 2 I certify that I am authorized to grant, and do in fact, Address j�i4 /�f/AMMCX,tC �A�NT (�, grant permission to representatives of state and federal Phone �//o -3 2`1- -2 6 ,5 Z review agencies to enter on the aforementioned lands in connection with evaluating information related to this Name S. 17. �A t� G C -r j permit application and follow-up monitoring of the Address 1001 YE rZ 1\I c>N D(-;,nl E project. Phone -JAc KsoAJ vi%.t-F, n1C 26- /Z4b I further certify that the information provided in this Name Address application is truthful to the best of my knowledge. Phone -Z 0o f • A list of previous state or federal permits issued for This is the day of �/� ' work on the project tract. Include permit numbers, Print Name Fri-71VC is .� !� A TC) )%FS permittee, and issuing dates. CP�►�la N A�'OP_, ��RM �j��',�-©Jrj Signature ��,�� Lmldowner or,4 rued Agew • 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 application. — DCM MP-2 Excavation and Fill Information _ DCM MP-3 Upland Development • A signed AEC hazard notice for projects in -X DCM MP-4 Structures Information oceanfront and inlet areas. _ DCM MP-5 Bridges and Culverts — DCM MP-6 Marina Development • A statement of compliance with the N.C. NOTE. Please sign and date each attachment in the Environmental Policy Act (N.C.G.S. 113A - 1 to space provided at the bottom of each form. 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. Revised 03195 Form DCIVI-:YIP4 ' QFC STRUCTURES � z (Construction, within Public Trust Areas) O�`�T'4(�/`S/O M,gtiZ op C-MF^lT Attach this form to Joint Application for CAMA Major e. Mooring buoys Permit, Form DCM-MP-1. Be sure to complete all (1) //kCommercial /,q other sections of the Joint Application which relate to Community �' Private this proposed project. (3 umber (3)) Description of buoy a. Dock(s) and/or Pier(s) (Color, inscription, size, anchor, etc.) (1) _ Commercial _Community_K Private (2) Number CL EnJp S [io�r /��cc ss ►=,�.x, P,t-as (3) Length Fao- 2YF7- T-O 3o FT (4) Width AFT - sc�- Ft%#1 (4) Width of water body (5) Finger Piers _X _ Yes No (5) Distance buoy(s) to be placed beyond shoreline (i) Number Ex -?IJ eZJ AND r D D7 3) (ii) Length CJ<sr Feom 9Yri T'ZFT-ucw f. Mooring structure (boatlift, mooring pilings, etc.) (iii) Width 2FT SCZ F tc, *1 3nF7 (6) Platform(s) _ yeS No (1) ___ Commercial Community Private (i) Number _CaA�C13O SCE p�,E- (2) Number 4 E><isr�N�, 6 N L w Bo t+-r Ltr-TS (ii) Length (3) Length 3o FT (iii) Width — (4) Width I Z KT- G I N (7) Number of slips proposed g. Other (Give complete des ipt o„) (8) Proximity of structure to adjacent riparian CA A Z7 E B0 1 X/ property lines OFTOS-, ni ENS -GFT@NoeTMENn h/P2pOf-- �FE Fib (9) Width of water body gp0 1=T (10) Water depth at waterward end of pier at lydre A�� _xlSTlNS ADD NEW s aucTuee MLW or NWL a%2FT� Mt.w 4FT�MFIw A2E g�HINp ARMY ca2P L10CV s IGMT OF WAY b. Boathouse (including covered lifts) (1) ^' �t Commercial 14 Private (2) Length (3) Width F2AtUe lS App t or Project Name c. Groin (e.g. wood, sheetpile, etc.) (1) Number N Signature (2) Length(s) 1 �S I-44"e-I DU y Date d. Breakwater (e.g. wood, sheetpile, etc.) (1) Length nJ A (2) Average distance from MHW, NWL or wetlands (3) Maximum distance beyond MHW, NWL or wetlands U n..t.....1 n�1n- yrr w • • VV w ' C HADWICK SAY w w w w w t,w wJiew ► 77g w o a v� '2 .N (�O -cs 1t 4) l' -c- d b CL- -j Q � � -� BIG. HAtMnlooK Pour Reap �a E U cCi W w w w w w w `~ PELICAN POINT DOCK OWNERS ASSOCIATION, INC <pt,�cAns LPG I DT _ � INDIVIDUAL LOT OWNERS D C _ LOTS 47 & LOT 48 "7� 138 & 140 BIG HAMMOCK POINT ROAD Z Z SNEADS FERRY, NC 28460 ONSLOW COUNTY I7 O DRAWING NOT TOSCALE m T n�--��1 DRAWN By: F.J. KALTEN REVISED: APRIL 8, 2005 m Ir-----�71 FIGURE#3 Z TOP OF PIER 3.0 TOP OF PIER 3.0 GRID ELEV 2.4 np -2.1 T; ICW VIEW VIEW AT RAMP TYPICAL CROSS SECTIOPF(NOT TO SCALE) TYPICAL CROSS SECTION(NOT TO SCALE) I MIS"—_ aF S.E:T BOT TOM- -=_04.E__0-F._- N_ L rr r� NEW 14 x l41 I ! I111L I1� I 1( ApR i 2 2005 OF c�p,STA� PELICAN POINT DOCK OWNERS ASSOCIATION INC DETAILS &SECTIONS OF PROPOSED WORK ON PIER LOTS 47 & LOT 48 138 & 140 BIG HAMMOCK POINT ROAD SNEADS FERRY, NC 28460 ONSLOW COUNTY DRAWING NOT TO SCALE DRAWN By: F.J. KALTEN REVISED: APRIL 8, 2005 FIGURE#6 Mr. Edward Gallaher 144 Big Hammock Point Road Sneads Ferry, NC 28460 (910) 327 2652 E (0 TM �1L'11 April 2,2005 APR 12 2005 North Carolina Department of Environmental and Natural Resources CO D'V I S I O N OF Mr. Jon Giles A S Tq MA NAG EM E N 127 Cardinal Drive Ext. Wilmington,NC 28405-3845 Reference: Pelican Point Dock Owners Association,Inc. CAMA Application Lots 47&48 Lot 46 Egress Corridor Dear Mr. Giles, In reference to the Pelican Point Dock Owners Association(PPDOA)applying to CAMA for a permit to increase the length of the boat finger piers and install a gazebo,I am aware that the PPDOA pier does presently block an approximate 15 feet of corridor of egress along my South property line. I have no objection to the proposed increase of length the PPDOA finger piers provided the existing South corridor egress blockage is not altered or increased. Thank You Kindly, laher DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Pelican Point Dock Owners Association, Inc. County: Onslow�O- LOCATION OF PROJECT: 138 & 140 Big Hammock Point Road, adjacent to the AIWW� ar Stejp,„ " Sound, in Sneads Ferry. Q, DATE APPLICATION RECEIVED COMPLETE BY FIELD: 04-12-05 Q� FIELD RECOMMENDATION: Attached: YES To Be Forwarded:No CONSISTENCY DETERMINATION: Attached:No To Be Forwarded:Yes FIELD REPRESENTATIVE: Jon Giles DISTRICT OFFICE: Wilmington DISTRICT MANAGER REVIEW: b 5--03-0S'- -4 ' B) DATE APPLICATION RECEIVED IN RALEIGH: ,fib GU FEE REC'D:$ Z50 PUBLIC NOTICE REC'D: 015/01S16s END OF NOTICE DATE: ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: APPLICATION ASSIGNED TO: ON: SX' 41,y C) 75 DAY DEADLINE: (,�1/rZG,, 150 DAY DEADLINE: 69AD9 f0.5 MAIL OUT DATE: STATE DUE DATE: FEDERAL DUE DATE: FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS OBJECTIONS: NOTES RETURNED YES NO Coastal Management-Regional Representative Coastal Management-LUP Consistency -OS Division of Community Assistance 5" " bs Land Quality Section 5"/0-- 05 Division of Water Quality "/17-as, p Storm Water Management(DWQ) 01"05- �X State Property Office 5-►(�^QU s / Division of Archives&History 6- Division of Environmental Health f'/q'0 S Kc-tyAf CADV\ Division of Highways Wildlife Resources Commission Division.of Water Resources Division of Marine Fisheries Submerged Lands(DMF) Permit# DCM Coordinator: WOLaf-(/ MAILING DISTRIBUTION: Permitee: P e .,- v po,ink. b cx: < e rs Ass a Agent: DCM Field Offices: J&th-City Ci Morehead Ci Was in ton i min o US Army Corps of Engineers(USACE):. Washington: Mike Bell(NCDOT) Bill Biddlecome(NCDOT) Raleigh Bland. Wilmington: D C T) enry Wicker Others: Cultural Resources: COT) Environmental Health: Marine Fisheries:NCDOT: Shellfish Sanitation: State Property Office: Water Quality: John Hennessy(NCDOT) Water Resources: John SuthkndWildlife Resources: Mariaerne 'VewDavid oT) Travis Wilson(NCDOT) LPO: FAXING DISTRIBUTION: Permitee at Agent at DCM Field Offices: Elizabeth City(252/264-3723) Morehead City(252/247-3330) Washington(252/948-0478) Wilmington(910/350-2004) US Army Corps of Engineers(USACE): Washington: Mike Bell(NCDOT) Bill Biddlecome(NCDOT) Raleigh Bland(252/975-1399) _.,.......__ Wilmington: Dave Timpy(NCDOT) Henry Wicker(910/251-4025) CAMA Major Permit Process Manual Page 70 of 70 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO July 29, 2005 Regulatory Division Action ID No. 200500765 and State Permit No. 118-05 Pelican Point Dock Owners Association, Inc. 167 Big Hammock Point Road Sneads Ferry,North Carolina 28460 Dear Madam or Sir: Reference your application for a Department of the Army permit to extend 7 existing finger piers six feet waterward, install four new 30' finger piers, install six new boatlifts in the existing slips, install 17 bumper pilings and install a 14' x 14' Gazebo at 138 &140 Big Hammock Point Road, adjacent to the Atlantic Intracoastal Waterway, near Stumps Sound, Sneads Ferry, Onslow County, North Carolina, Your proposal has been reviewed and found to be consistent with the provisions and objectives of general permit No. 198000291. Therefore, you may commence construction activity in strict accordance with applicable State authorization and the approved plan (enclosed). Failure to comply with the State authorization or conditions of the general permit could result in civil and/or administrative penalties. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Questions or comments may be addressed to me at the Wilmington Field Office, Regulatory Division, telephone (910) 251-4930. Sincerely, Henry Wicker Regulatory Project Manager • Enclosure Copies Furnished without enclosure: Mr. John Dorney Mr. Pete Benjamin Division of Environmental Management U.S. Fish and Wildlife Service North Carolina Department of Environment Fish and Wildlife Enhancement and Natural Resources Post Office Box 33726 1650 Mail Service Center Raleigh,North Carolina 27636-3726 Raleigh, North Carolina 27699-1650 Mr. Ron Sechler Mr. Ronald J. Mikulak, Chief National Marine Fisheries Service Wetlands Section - Region IV Pivers Island Water Management Division Beaufort,North Carolina 28516 U.S. Environmental Protection Agency 61 Forsyth Street, SW Mr. David Rackley Atlanta, Georgia 30303 NMFS, Habitat Conservation Division 219 Fort Johnson Road Mr. Doug Huggett Charleston, South Carolina 29412-9110 Division of Coastal Management North Carolina Department of Environment Mr. Jim Gregson, District Manager and Natural Resources Wilmington Regional Office 400 Commerce Avenue North Carolina Division of Coastal Morehead City, North Carolina 28557 Management 127 Cardinal Drive Extension Wilmington,North Carolina 28405 2 AYW. -AA V, 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 July 11, 2005 Pelican Point Dock Owners Association, Inc. ATTN: Mr. Francis J. Kalten, President 167 Big Hammock Point Road Sneads Ferry, NC 28460 Dear Mr. Kalten: This letter is with reference to your application for a Coastal Area Management Act Major Development permit to extend 7 existing finger piers 6' waterward, install four new 30' finger piers, install six new boatlifts in the existing slips, install 17 bumper pilings, and install a 14' x 14' gazebo in Onslow County adjacent to the AIWW near Stump Sound at 138 & 140 Big Hammock Point Road in Sneads Ferry, NC. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S. 113A-122(c) which would make September 09, 2005 the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, if you have any question on the status of your application, do not hesitate to contact me by phone (252-808-2808) or e-mail (doug.huggett@ncmail.net). Very sincerely, v, H� Dou Huggett Major Permits & Consistency Coordinator cc: DCM, Morehead City DCM, Wilmington 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808\ FAX: 252-247-3330\Internet: www.nccoastalmanagement.net t ' / DEPARTMENT OF THE ARMY WILMINGTON DISTRICT,CORPS OF ENGINEERS P.O.BOX 1890 WILNUNGTON.NORTH CAROLINA 28402-1890 11�n REPLY TO ATTENTION OF: June 22, 2005 SUN . l 82005 Regulatory Division CO Action ID No. 200500765 y �CM Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City,North Carolina 28557-3421 Dear Mr. Huggett: Reference the application of Pelican Point Dock Owners Association, Inc. for a Department of the Army permit to extend 7 existing finger piers six feet waterward, install four new 30' finger piers, install six new boatlifts in the existing slips, install 17 bumper pilings and install a 14' x 14' Gazebo at 138 &140 Big Hammock Point Road, adjacent to the Atlantic Intracoastal Waterway,near Stumps Sound, Sneads Ferry, Onslow County,North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the attached plans,which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE)prior to implementation. 2. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters,the permittee will be required,upon due notice from the U.S. Army Corps of Engineers,to remove, relocate, or alter the structural work or obstructions caused thereby,without expense to the United States. No claim shall be made against the United States on account of any such removal, relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit N CS261, 1315 E West HWY-RM 7316, Silver Spring, MD 20910- 3282 at least two weeks prior to beginning work and upon completion of work. 3. Except as specified in the plans attached to this permit,no excavation, fill or mechanized land-clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 4. Except as authorized by this permit or any USACE approved modification to this permit,no excavation, fill or mechanized land-clearing activities shall take place at any time in the construction or maintenance of this project,within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 5. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants,hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste,the permittee shall immediately report it to the N.C. Division of Water Quality at(919) 733-5083, Ext. 526 or(800)662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 6. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 7. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard,through regulations or otherwise, on authorized facilities. For further information,the permittee should contact the U.S. Coast Guard Marine Safety Office at(910) 772-2191. 8. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. 9. The Permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The Permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 10. Approval of the structure was based on determinations that there would be no obstruction to navigation. The structure may be damaged by wave wash from passing vessels. Issuance of this permit should not be construed, as relieving the permittee of taking proper steps to insure the structure and moored boats will not be damaged by wave wash. 2 11. The permittee shall advise the Corps in writing at least two weeks prior to beginning the work authorized by this permit and again upon completion of the work authorized by this permit. 12. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 13. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include,but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally,the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 14. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction-related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management(NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 15. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will,without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre-project condition. 16. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. 3 17. The West Indian manatee (Trichechus manatus), which is listed as a federally endangered species, has been reported in the waters in Brunswick County. In order to protect the West Indian manatee all work should be done during the period from November 1 to May 31. If work must be done during the period from June through October the enclosed guidelines, entitled "Precautions for General Construction in Areas Which May Be Used by the West Indian Manatee in North Carolina"must be followed. 18. No portion of any structure will be located within 80 feet of the near bottom edge federally maintained channel. An as-built survey will be performed on the pier/docks upon completion of the project and sent to the Wilmington Regulatory Field Office. Questions or comments may be addressed to Mr. Henry Wicker, Wilmington Field Office, Regulatory Division, telephone (910) 251-4930. Sincerely, Henry Wi er Regulatory Project Manager Enclosure 4 Copies Furnished(without enclosure): Ms. Cyndi Karoly Division of Water Quality Mr. Jim Gregson, District Manager North Carolina Department of Environment Wilmington Regional Office and Natural Resources North Carolina Division of Coastal 1650 Mail Service Center Management Raleigh,North Carolina 27699-1650 127 Cardinal Drive Extension Wilmington,North Carolina 28405 Mr. Pete Benjamin U.S. Fish and Wildlife Service Commanding Officer Fish and Wildlife Enhancement U.S. Coast Guard Marine Safety Office Post Office Box 33726 721 Medical Center Drive, Suite 100 Raleigh,North Carolina 27636-3726 Wilmington,North Carolina 28401-4895 Mr. Ron Sechler National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort,North Carolina 28516 Mr. David Rackley NMFS, Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Mr. Ronald J. Mikulak, Chief Wetlands Regulatory Section Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 5 MEMORANDUM To: Jonathan Howell From: Mike Christenbury, District Planner Subject: Consistency Determination-Pelican Point Dock Owners Association, Sneads Ferry, Onslow County Date: June 21, 2005 Description: The applicant is proposing to extend 7 existing finger piers six feet waterward, install four new 30' finger piers, install six new boatlifts in the existing slips and install 17 bumper pilings and a 14' X 14' gazebo. The project is located at 138 and 140 Big Hammock Road, adjacent to the AIWW. I have reviewed the proposals for consistency with the Onslow County Land Use Plan and offer the following comments. In general, Onslow County allows development in Conservation classified AECs which is consistent with the State's minimum use standards. The Onslow County Land Use Plan contains some policies which exceed the State's minimum use standards. However, none of these policies appear to be applicable to these projects. Provided all local,state and federal requirements can be met,this project appears to be consistent with the Onslow County Land Use Plan Update. Cc: Jim Gregson Jon Giles June 20, 2005 Regulatory Division Action ID No. 200500765 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City,North Carolina 28557-3421 Dear Mr. Huggett: Reference the application of Pelican Point Dock Owners Association, Inc. for a Department of the Army permit to extend 7 existing finger piers six feet waterward, install four new 30' finger piers, install six new boatlifts in the existing slips, install 17 bumper pilings and install a 14' x 14' Gazebo at 138 &140 Big Hammock Point Road, adjacent to the Atlantic Intracoastal Waterway, near Stumps Sound, Sneads Ferry, Onslow County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the attached plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE)prior to implementation. 2. The permittee understands and agrees that, if future operations by the United States require the removal,relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal, relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit N CS261, 1315 E West HWY-RM 7316, Silver Spring,MD 20910- 3282 at least two weeks prior to beginning work and upon completion of work. 3. Except as specified in the plans attached to this permit,no excavation, fill or mechanized land-clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 4. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land-clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 5. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Quality at (919) 733-5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 6. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 7. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772-2191. 8. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work,he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. 9. The Permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The Permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 10. Approval of the structure was based on determinations that there would be no obstruction to navigation. The structure may be damaged by wave wash from passing vessels. Issuance of this permit should not be construed, as relieving the permittee of taking proper steps to insure the structure and moored boats will not be damaged by wave wash. 11. The permittee shall advise the Corps in writing at least two weeks prior to beginning the work authorized by this permit and again upon completion of the work authorized by this permit. 12. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 13. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 14. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction-related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 15. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre-project condition. 16. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. 17. The West Indian manatee (Trichechus manatus), which is listed as a federally endangered species, has been reported in the waters in Brunswick County. In order to protect the West Indian manatee all work should be done during the period from November 1 to May 31. If work must be done during the period from June through October the enclosed guidelines, entitled "Precautions for General Construction in Areas Which May Be Used by the West Indian Manatee in North Carolina"must be followed. 18. No portion of any structure will be located within 80 feet of the near bottom edge federally maintained channel. An as-built survey will be performed on the pier/docks upon completion of the project and sent to the Wilmington Regulatory Field Office. Questions or comments may be addressed to Mr. Henry Wicker,Wilmington Field Office, Regulatory Division, telephone(910) 251-4930. Sincerely, Henry Wicker Regulatory Project Manager Enclosure Copies Furnished (without enclosure): Ms. Cyndi Karoly Division of Water Quality Mr. David Rackley North Carolina Department of Environment NMFS,Habitat Conservation Division and Natural Resources 219 Fort Johnson Road 1650 Mail Service Center Charleston, South Carolina 29412-9110 Raleigh, North Carolina 27699-1650 Mr.Ronald J. Mikulak, Chief Wetlands Regulatory Section Mr. Pete Benjamin Water Management Division U.S. Fish and Wildlife Service U.S. Environmental Protection Agency Fish and Wildlife Enhancement 61 Forsyth Street, SW Post Office Box 33726 Atlanta, Georgia 30303 Raleigh, North Carolina 27636-3726 Mr. Jim Gregson, District Manager Mr. Ron Sechler Wilmington Regional Office National Marine Fisheries Service North Carolina Division of Coastal Habitat Conservation Service Management Pivers Island 127 Cardinal Drive Extension Beaufort, North Carolina 28516 Wilmington, North Carolina 28405 Commanding Officer U.S. Coast Guard Marine Safety Office 721 Medical Center Drive, Suite 100 Wilmington, North Carolina 28401-4895 �CF WATj R' Michael F. Easley, Governor �O G William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources 0qqqW Alan W. Klimek, P.E. Director Division of Water Quality May 31, 2005 Francis J. Kalten President Pelican Point Dock Owners Association, Inc. 167 Big Hammock Road Sneads Ferry, NC 28460 ) Subject: EXEMPTION Stormwater Project No. SW8 050535 Pelican Point Dock Expansion Onslow County Dear Mr. Kalten: The Wilmington Regional Office of the Division of Water Quality received a copy of the CAMA Major Permit Application for Pelican Point Dock Expansion project on May 3, 2005. Staff 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 has determined that projects that are reviewed and approved by the Division 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 of this letter, we are informing you that your project will not require a stormwater management permit. If the subject project disturbs one acre or more and has a point source discharge of stormwater runoff, then it is also subject to the National Pollutant Discharge Elimination System (NPDES) stormwater discharge requirements. You are required to have an NPDES permit for stormwater discharge from projects meeting these criteria. The stormwater rules require the Division to permit the common plan of development, therefore, any future development on the property, regardless of whether a CAMA Major permit is also required, will require a Stormwater Management Permit application and permit issuance from the Division of Water Quality prior to any construction. If you have any questions or need additional information concerning this matter please contact Ms. Linda Lewis at (910) 796-7215. Sincer . , Ed Beck Regional Supervisor Surface Water Protection Section ENB/arl: S:\WQS\STORMWAT\CAMA\050535.may05 cc: John Giles, DCM Mike Morris, Onslow County Inspections Doug Huggett, DCM Linda Lewis Wilmington Regional Office Central Files North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone(910)796-7215 One Wilmington Regional Office Wilmington,NC 28405-3845 FAX (910)350-2004 Internet: www.enr.state.nc.us NorthCarolina An Equal Opportunity/Affirmative Action Employer—50%Recycledl10%Post Consumer Paper JVaturally c May 16, 2005 MEMORANDUM TO: Doug Huggett FROM: Ed Jackson Shellfish Sanitation and Recreational Water Quality Section SUBJECT: CAMA Major Permit Review-Pelican Point Dock Owners Association, Inc. Project Location: 138 & 140 Big Hammock Point Rd., adjacent to the AIWW, near Stump Sound, in Sneads Ferry, Onslow County. The proposed community dockage facility is located in waters open to the harvest of shellfish. The subject 10-slip dockage facility would not cause closure of open shellfishing waters in accordance with 15A NCAC 18A. 0911 MARINAS: DOCKING FACILITIES: OTHER MOORING AREAS. However, if greater than ten vessels were to use the facility for temporary or permanent dockage, appropriate closures to open shellfishing waters would be recommended. i. DEPARTMENT OF THE ARMY WILMINGTON DISTRICT,CORPS OF ENGINEERS _ P.O.BOX 1890 WILMINGTON.NORTH CAROLINA 28402-1890 MLY TO ATTENTION OR May 10,2005 Regulatory Division Action ID No. 200500765 Pelican Point Dock Ovpmrs Association, Inc. Attn: Francis J. Kalten,President 167 Big Hammock Point Road Sneads Ferry,North Carolina 28460 Dear Madam or Sir: On January 1, 2005,we renewed general permit No. 198000291 (copy enclosed),which provides Federal authorization for construction activities that receive authorization from the State of North Carolina. A review of your request to extend 7 existing finger piers six feet waterward, install four new 30' finger piers, install six new boatlifts in the existing slips, install 17 bumper pilings and install a 14' x 14' Gazebo at 138 &140 Big Hammock Point Road, adjacent to the Atlantic Intracoastal Waterway,near Stumps Sound, Sneads Ferry, Onslow County,North Carolina, indicates it to be a candidate for Federal authorization under this general permit. Accordingly, the administrative processing of your application will be accomplished by the North Carolina Division of Coastal Management. Comments from Federal review agencies will be furnished to the State. If your application must be withdrawn from this general permit process for-any reason, you will be informed regarding its further management. If there are no unresolved differences in State-Federal positions or policies,the final action taken on your application by the State will result in your receiving written notice from us that your application is consistent with the general permit and you may commence your activity. Only after receiving such confirmation should you begin work. 1 Your application,pursuant to Section 10 of the Rivers Harbors Act,has been assigned Action ID No. 200500765 will be coordinating your permit application with other Federal agencies. You may contact me at(910) 251-4930. Sincerely, MAY 12 2005 1���)� More head City uCM Henry Wicker Project Manager Wilmington Regulatory Field Office Enclosure Copies Furnished (without enclosure): . Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City,North Carolina 28557 Ms. Jim Gregson, District Manager Wilmington Regional Office North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington,North Carolina 28405 2 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO c� Regulatory Division Action ID. aDbs Applicant: LJ I C(A4 PC?t e 21 0 0L� DLk) (r ASS-` Waterway: AZwo County: 0 5LL) Type Work: (' r , 2005 Mr. Ron Sechler Commanding Officer '10re�head City DCM National Marine Fisheries United States Coast Guard V'V1 Service,NOAA 431 Crawford Street Pivers Island Portsmouth,Virginia 23704 Beaufort, North Carolina 28516 Mr.Ronald J. Mikulak, Chief Without enclosures Wetlands Section—IV Water Management Division Mr.Doug Huggett U.S. Environmental Protection Agency Division of Coastal Management 61 Forsyth Street, SW NC Dept of Environment and Atlanta, Georgia 30303 Natural Resources 400 Commerce Avenue Mr. Pete Benjamin, Field Supervisor Morehead City, North Carolina 28557 Fish and Wildlife Enhancement U.S. Fish and Wildlife Enhancement : Post Office Box 33726 vti Re ional Office Raleigh,North Carolina 27636-3726 Division o oastal Management NC Department of Environment,Health Commanding Officer and Natural Resources United States Coast Guard lal DriTe Marine Safety Office 721 Medical Center Drive Suite 100 Wilmington,NC 28401 Mr.David Rackley National Marine Fisheries Service,NOAA 219 Forth Johnson Road Gentlemen: Charleston, South Carolina 29412-9110 Pursuant to Action ID No. 198000291,the CAMA-Corps general permit/processing agreement, a State Field Investigation Report is enclosed. Your comments and/or recommendations would be appreciated on or before Questions or comments may be addressed to the undersigned, available at telephone (910) 251-4930. Sincerely, Henry'laZ-Cc Project Manager Wilmington Regulatory Field Office Enclosure 1 MAY 0 3 2005 NCDENR ,� North Carolina Department of Environment and Natural R ` Division of Coastal Management ° Ell . Michael F. Easley, Governor Charles S. Jones, Director Wolam G. RMYJr.2 Secr j' ry May 3, 2005 Morehead City 0CM MEMORANDUM: TO: Linda Lewis and Noelle Lutheran Division of Water Quality FROM: Doug Huggett Major Permits Coordinator SUBJECT: CAMA Permit Application Review Applicant: PWj�,=Point Dock Owners Association, Inc. Project Location: 138 & 140 Big Hammock Point Road, adjacent to the AIWW, near Stump Sound, in Sneads Ferry, Onslow County. Proposed Project: The Applicant is proposing to extend 7 existing finger piers six feet watenvard, install four new 30' finger piers, install six new boatlifts in the existing slips, install 17 bumper pilings and install a 14'x14' Gazebo. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 26, 2005. If you have any questions regarding the proposed project, please contact Jon Giles at (910) 395-3900. When appropriate, in-depth comments with supporting data is requested. REPLY: _,x 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. SIGNED6_altl� A E h rth Paro Ina 28A„� c; tul)-Oult') Phone: 910-395-39001 FAX: 910 395-39641 Internet: www.nccoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper NCDENR � yy North Carolina Department of Environment and Natural Resources 'co/S� jp�0 Division of Coastal Management O 9 �� S Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretarlo y� May 3, 2005 C�f MEMORANDUM: TO: Dan Sams For James Simmons Division of Land Resources FROM: Doug Huggett Major Permits Coordinator SUBJECT: CAMA Permit Application Review i Applicant: Pew Dock Owners Association, Inc. Project Location: 138 & 140 Big Hammock Point Road, adjacent to the AIWW,near Stump Sound, in Sneads Ferry,Onslow County. Proposed Project: The Applicant is proposing to extend 7 existing finger piers six feet waterward,install four new 30' finger piers,install six new boatlifts in the existing slips,install 17 bumper pilings and install a 14'xl4' Gazebo. • Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 26, 2005. If you have any questions regarding the proposed project, please contact Jon Giles at (910) 395-3900. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED rth P�'or M 28 38.E — 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 EXA 0651 AT : • 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 May 3, 2005 MEMORANDUM: TO: Joe Henderson NC Dept. of Administration State Property Office FROM: Doug Huggett lL 1 q ` n" Major Permits Coordinator 1 SUBJECT: CAMA Permit Application Review MAY j 0 2005 Applicant: Pelican Point Dock Owners Association, Inc. Morehead Cif y DCM Project Location: 138 & 140 Big Hammock Point Road, adjacent to the AIWW, near Stump Sound, in Sneads Ferry, Onslow County. Proposed Project: The Applicant is proposing to extend 7 existing finger piers six feet waterward,install four new 30' finger piers, install six new boatlifts in the existing slips,install 17 bumper pilings and install a 14'x14' Gazebo. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 26, 2005. If you have any questions regarding the proposed project, please contact Jon Giles at (910) 395-3900. When appropriate, in-depth comments with supporting data is requested. REPLY: ✓This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED l SATE , 5 8, S- , r aroTiF 28 ,, Phone: 910-395 9001 FAX: 910-395-39641 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper p EP 7-;A© MAY 3 12005 NCDENR DM -HABITAT PROTECTION 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 May 3, 2005 MEMORANDUM: TO: Fritz Rohde For Preston P. Pate, Jr., Director Division of Marine Fisheries FROM: Doug Huggett Major Permits Coordinator SUBJECT: CAMA Permit Application Review Applicant: Pelican Point Dock Owners Association, Inc. Project Location: 138 & 140 Big Hammock Point Road, adjacent to the AIWW, near Stump Sound, in Sneads Ferry, Onslow County. Proposed Project: The Applicant is proposing to extend 7 existing finger piers six feet waterward, install four new 30' finger piers, install six new boatlifts in the existing slips, install 17 bumper pilings and install a 14'xl4' Gazebo. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 26, 2005. If you have any questions regarding the proposed project, please contact Jon Giles at (910) 395-3900. When appropriate, in-depth comments with supporting data is requested. REPLY: ✓ This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Lc� (� (L-71 0 �3 SIGNED rth P Ti a 28,E-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 May 3, 2005 MEMORANDUM: MAY 3 I zU(I§ TO: Bennett Wynne oreheaci CIt NC Wildlife Resources Commission ,� �1(; FROM: Doug Huggett Major Permits Coordinator SUBJECT: CAMA Permit Application Review Applicant: Peican Point Dock Owners Association, Inc. Project Location: 138& 140 Big Hammock Point Road, adjacent to the AIWW,near Stump Sound, in Sneads Ferry,Onslow County. Proposed Project: The Applicant is proposing to extend 7 existing finger piers six feet waterward, install four new 30'finger piers,install six new boatlifts in the existing slips,install 17 bumper pilings and install a 14'xl4' Gazebo. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 26,2005. If you have any questions regarding the proposed project,please contact Jon Giles at (910) 395-3900. When appropriate, in-depth comments with supporting data is requested. REPLY: T 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 JDATE S. r? 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone- 252-808-2808 1 FAX- 2Fi9_947.3'13n\ Intarnat• „AAA/ nrPr,0Ct01M'3nn„nM^n+ . f NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director Wa era May 3, 2005 MAY 2005 MEMORANDUM: - SHFLt,-ISH SANITATION TO: Patty Fowler NCDENR-Division of Environmental Health Shellfish Sanitation Section ,1 FROM: Doug Huggett I ,11 Major Permits Coordinator MAY 2005 u t SUBJECT: CAMA Permit Application Review _ `` rsH SAN[TATlflnr Applicant: PAican Point Dock Owners Association, Inc. Project Location: 138& 140 Big Hammock Point Road, adjacent to the AIWW, near Stump Sound, in Sneads Ferry,Onslow County. Proposed Project: The Applicant is proposing to extend 7 existing finger piers six feet waterward,install four new 30' finger piers,install six new boatlifts in the existing slips,install 17 bumper pilings and install a 14'xl4' Gazebo. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 26, 2005. If you have any questions regarding the proposed project,please contact Jon Giles at (910) 395-3900. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the pr9Ject for reasons described in the attached comments. Fo r pa r ia;_ F SIGNED rth lft'a 28�'(" I 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 !' y 1 3 NCDENR s w goSo, s North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director Wil liam Ross J�- ile ry It May 3, 2005 ���' SVv U rJ" , MEMORANDUM: \ `/ TO: Linda Lewis and Noelle Lutheran `n Division of Water Quality .� FROM: Doug Huggett Major Permits Coordinator 2 �r SUBJECT: CAMA Permit Application Review Applicant: Pelican Point Dock Owners Association, Inc. ` 2C cj`� U, 1 or Project Location: 138 & 140 BigHammock Point Road, adjacent to the AIWW near Stum' J P ,`� Sound, in Sneads Ferry, Onslow County. U Proposed Project: The Applicant is proposing to extend 7 existing finger piers six feet waterward,install four new 30'finger piers, install six new boatlifts in the existing slips,install 17 bumper pilings and install a 14'xl4' Gazebo. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 26, 2005. If you have any questions regarding the proposed project, please contact Jon Giles at (910) 395-3900. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. _6� 716�.ell "jtoi 5Z-7- 0-5 SIGNED , D rth CaroliT na 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 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 May 3, 2005 MEMORANDUM: Ruth Leggett MAY 0 6 2005 Division of Community Assistance TO: PO Box 850 Moraheilld CIty DGM Washington,NC 27889 FROM: Doug Huggett Major Permits Coordinator SUBJECT: CAMA Permit Application Review Applicant: Pelican Point Dock Owners Association, Inc. Project Location: 138 & 140 Big Hammock Point Road, adjacent to the AIWW, near Stump Sound, in Sneads Ferry, Onslow County. Proposed Project: The Applicant is proposing to extend 7 existing finger piers six feet waterward,install four new 30' finger piers, install six new boatlifts in the existing slips,install 17 bumper pilings and install a 14'x14' Gazebo. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 26, 2005. If you have any questions regarding the proposed project, please contact Jon Giles at (910) 395-3900. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. �is 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 l/ d� DATE �S--dS 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 AAA /05 050821 MCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor 77�, FCharles S. Jones, Director William G. Ross Jr., Secretary May 3, 2005 `r :, RE(%, ' JUL 2 2 2005 1 9 2005 MEMORANDUM: JUL Morehead OW DCM D1v.oFco 'ST E�H°```'""` Cyndi Karoly, Supervi or RAC 401 Oversight and Express Permits Unit Division of Water Quality-Surface Water Protection ° t;:4 �/J D Doug Huggett J Major Permits Coordinator MAY Z 2 2005 SUBJECT: CAMA Permit Application Review DENR-WATER QUALITy WETLANDS MID STONWATER BRANCH Applicant: Pelican Point Dock Owners Association, Inc. Project Location: 138 & 140 Big Hammock Point Road, adjacent to the AIWW, near Stump Sound, in Sneads Ferry, Onslow County. Proposed Project: The Applicant is proposing to extend 7 existing finger piers six feet waterward,install four new 30' finger piers,install six new boatlifts in the existing slips,install 17 bumper pilings and install a 14'x14' Gazebo. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 26, 2005. If you have any questions regarding the proposed project, please contact Jon Giles at (910) 395-3900. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. /This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agencyobjects to the project for reasons described in the attached comments. —� __A SIGNED rth PAA 28 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 r 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 December 28, 2004 CERTIFIED MAIL#7004 2510 0001 8280 0031 TV RETURN RECEIPT REQUESTED ED Pelican Point Dock Owner Association,Inc. J A N Q 3 2005 Attn:Frances J.Kalten,President 167 Big Hammock Point Rd. Sneads Ferry,N.C. 28460 (j Morehead City DCM RE: CAMA Major Permit Application D � Pelican Point Dock Owner Association,Inc. 138& 140 Big Hammock Point Rd. Sneads Ferry Onslow County Dear Mrs.Kalten: On December 2,2004,we received your CAMA Major Permit Application for authorization to lengthen existing finger piers and install new finger piers to access boat lifts,to install a 14' x 14'gazebo and to install six new boat lifts and relocate one boat lift, located at 138& 140 Big Hammock Point Rd,adjacent to Stump Sound and the AIWW,in Sneads Ferry,in Onslow County.However, your application lacks information necessary for complete processing.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,or within five days from the receipt of this letter 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 or five 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. After further review,the existing dock permitted in 1995 under permit#43-95 with approximately 1,200 sq.ft.of decking in the dock system does not meet the current regulations.The current requirements approved August 1, 1998 only permit 4 sq.ft.per linear foot of shoreline,616 sq.ft. in this case.The proposed additions to the finger piers would not meet the current regulations and would receive an unfavorable review from the Division of Coastal Management.In addition,the information provided on the application is inconsistent with the information shown on figure one of the application package.Please make the necessary changes so the requests on the application are consistent with the submitted plans. If you have any questions,please feel free to call me at my Wilmington office(910)395-3900. S' cerely, Jon W Giles Jr. Field Representative Attachments cc: Jim Gregson,DCM Doug Huggett,DCM Ted Tyndall,DCM Wilmington Files 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-395-3900117ax: 910-350-20041 Internet: http://www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer-50%Recycled\10%Post Consumer Paper CHECKLIST OF ADDITIONAL INFORMATION AND RECOMMENDATIONS FOR PROCESSING APPLICATION 1)Figure#1 —Plan View for proposed work on pier,should include the following additional information: • Plans should be drawn to a standard engineering scale(i.e., 1"=10', 1"=20',etc.)(must be 1"=200' or less) • Existing water depths at low tide • Normal High Water line needs to be delineated • Property boundaries need to be delineated • Riparian Corridors need to be delineated • Width of the adjacent water body • Distance from the structures to the federally maintained channel • Adjacent property owners names • North Arrow • Title box should show the date it was revised,by whom,and what scale 2)Figure#6—Survey of lots 47&48,should include the following additional information: • Plans should be drawn to a standard engineering scale(i.e., 1"=10', 1"=20',etc.)(must be 1"=200'or less) • Title box should show the date it was revised,by whom,and what scale • Existing water depths at low tide • Normal High Water line needs to be delineated • Riparian Corridors need to be delineated • Width of the adjacent water body • Distance from the structures to the federally maintained channel • Marshlands and coastal wetlands need to be delineated 3)Need to supply a detailed cross section of work to be done showing the following: • Depth and elevation of the proposed structure relative to the existing ground level • Mean low water • Mean high water 4)A copy of the current deed to the property must be provided. 5)Project narrative should be more detailed. 6)Proof of adjacent property owner notification via certified mail(i.e. signed green cards). 7)All maps and drawings should show a title box with the following information: • Date • Scale • Drawn by • Location • Project name 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-395-39001Fax: 910-350-20041 Internet: http://www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer-50%Recycled\10%Post Consumer Paper i OCM•.: DWO% Drivnlcpmanl Type FEE (14300 1601 435100093 1625 62S31 (243001602 43S100095 2341) (, prival,% jon,cornmomial t 0U%(`-250) 0%(SO) duvaloprrrnnt that dour,not involve 0 ilti":fiIG��9 ar excavation of any vw U,uvls or open Woler areas: v it. rublic or commercial development Kona(S4CO) 0%(SO) ,;,a►Qons not Involve th0 f ffing or s ; ;,x,•_,Iv:,(;cn of ony wotland:or open lit. For devclopmenl that involves Ih0 5111ng an,!lor excavation of up 10 1 acre of w".+Uanda and/or open wi!er areas,d:!arrninu if A,E.C,or D below a�a�I;r.,: III(A). For Private,nomcornmcrtaal 100%(3250) C%(Sc) dpvnlcpmcnt,If Ganonl water Quality �,SO C2ciifc:t;on No.3301(rae atuiched) a:n be-I'Plied: Ill(?): Far public or commercial �c•;ctc�r.2nl,IfGcneralwalc+rCU36y C.100 100;:(S+CCi G:aricj:icn No.3301(tuC a':ached) :ern be%ppliad. If General iNuter Quality No.3-201(see at:ached) _ .;I+!.c app6cd,but DCM s.."rT � - GCo(5i4C1 de'_,r•,i:nr,d U+at additional mviCw Ond wri!tcn DWO c cincurrenca is nred+:d I.weaucc of currc6mr,related to water quaYt!or agt.rdic WO; Generalwaln(CUU-1 6U o(52.0) 4u%(S1oC) cartifiC.G.n Na.3 01 j::"�e 0itaci cd) can not bo applied: IV. For riuvulopmenl If::�l involve' 407A the filling midlorexcavrttion of morn 11475 GO%a(5Z55) than one:"cru of wotiand::rnilor pprn a.ilur are.rs: .Y NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director Wiliam G. Ross Jr., Secretary May 3, 2005 FAX: 910-353-0935 2 Pages Jacksonville Daily News Legal Advertisement Section Post Office Box 196 Jacksonville, North Carolina 28540 Re: Public Notice - Pelican Point Dock Owners Association, Inc. Dear Sir: Please publish the attached Notice in the May 5, 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 to me at the address below, and an original invoice to Jaye Poole, Division of Coastal Management, 1638 Mail Service Center, Raleigh, North Carolina 27699-1638. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. Sincerely, Beverly Rivenbar ,, Admin trative Assistant NC Div. of Coa Man ement Enclosure cc: Doug Huggett Ted Tyndall File Copy 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-395-3900\Fax: 910-350-2004\ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an Area of Environmental Concern as designated under the CAMA was received on April 12, 2005. According to said application, Pelican Point Dock Owners Association, Inc., proposes to extend 7 existing finger piers six feet waterward, install four new 30' finger piers, install six new boatlifts in the existing slips, install 17 bumper pilings and install a 14' x 14' Gazebo, at 138 & 140 Big Hammock Point Road, adjacent to the AIWW, near Stump Sound, in Sneads Ferry, Onslow County. A copy of the entire application may be examined or copied at the office of Jon Giles at N.C. Environment and Natural Resources, Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, North Carolina 28405, (910-395-3900) during normal business hours. Comments mailed to Charles S. Jones, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to May 26, 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 May 2,2005 Pelican Point Dock Owners Association,Inc. Attn: Frank Kalten,President,Authorized Agent 167 Big Hammock Point Road Sneads Ferry,N.C.28560 Dear Mr.Kalten: The Division of Coastal Management hereby acknowledges that on April 12,2005,we received your completed application for State approval for the development of property located at 138& 140 Big Hammock Point Rd,adjacent to the AIWW, near Stump Sound, in Sneads Ferry, Onslow County. The projected deadline for making a decision on your permit application is June 26,2005.An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above,you should consider the review period extended. Under those circumstances,this, letter will serve as your notice of an extended review. However,an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from April 12,2005,you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b)requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a"Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be:Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. A field report has been prepared and is in the process of being circulated to the various state and federal review agencies for their comments. If additional information is required based on this review,the agencies may contact you directly. cerely, 6,..- uJ Z Jo W. Giles Jr. Field Representative cc: Jim Gregson,DCM District Manager Doug Huggett,DCM Ted Tyndall,DCM Henry Wicker,COE Andrea Frazier,LPO AMA ERMIT APPLIED F' PROJECT: • s •• fY • w/ 17 S✓ �✓� / I COMMENTS ACCEPTED THROUGH APPLICANT: FOR MO DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW- 02 L Air, aPY61'm* �eJ 4:/er DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM Name of Individual Applying For Permit: Pelican Point Dock Owners Association, Inc. Address of Property: Lots 48 &47 138& 140 Big Hammock Point Road Sneads Ferry,NC 28460 in Onslow County (Lot or Street#, Street or Road,City&County) I herby 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 of drawing,with dimensions, should be provided with this letter. f I have no objections to this proposal. If you have objections to what is being_proposed, please write the Division of Coastal Management, Wilmington Field Office 127 Cardinal Drive Ext.. 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, boathouse, or lift must be set back 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.) -liI do wish to waive the 15'setback requirement. I do not wish to waive the 15' setback requirements. �= Si Date Print ame C FC 0 Telephone Number with Area Code. ST.y�V%0 PP F,y�NT DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM Name of Individual Applying For Permit: Pelican Point Dock Owners Association, Inc. Address of Property: Lots 48 & 47 138 & 140 Big Hammock Point Road Sneads Ferry NC 28460 in Onslow County (Lot or Street#, Street or Road, City&County) I herby 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 of drawing,with dimensions,should be provided with this letter. I have no objections to this proposal. If you have objections to what is being_proposed, please write the Division of Coastal Management, Wilmington Field Office, 127 Cardinal Drive Ext., 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, boathouse, or lift must be set back 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 requirements. Signature Date O mexy ,A,,lE 6;0-4-t,+Ao-� 4rVw A-,e v .T: �t c.. *en€ Print Name 'lam �c 3; -7- 7- z6.5--2- C0 D Telephone Number with Area Cade 0 y �ti� COMPLETE • ■ Complete items 1,2,and 3.Also complete A. M item 4 if Restricted Delivery is desired. X ❑Age ■ Print your name and address on the reverse dciressee sot at we can return the Card to you. B. Receiv y(Printed Name) C. Date of Delivery ■ Atta this card to the back of the mailpiece, AV or o e front if space permits. D. Is delivery address different from item 1? ❑Yes 1. Article-Addressed to: If YES,enter delivery address below: ❑ No AJG 3. Service Type O2 (� ('o 5�Certified Mail ❑Express Mail ❑ Registered ❑Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Feel ❑Yes 2. Article Number 9� a' 1133 7347 9469 (Transfer from service label) 7 0 0 4 28 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540; Postal Q' CERTIFIED MAIL,,, RECEIPT .D ipomestic Mail Only; aD^ For delivery inforr.tation visit our websitc at www.usps.com L US Postage $ so ad F OOZj� NVW 0 0 APR 12 2005 l_ 0 Postmark (Endorsement el�tlFee ;1.75 Here DIVISION OF O Restricted Del 117 (EndorsementReq .00 COASTAL MANAGEMENT RI Total Postage&Fees at2s O 03/24/2005 0 Sentro a Siiee4F------------------------------------------------------------------------ or PO Box No. ---------------------------------------------------------------------- Clty,State,Z/P+4 PS Form :rr June 2002 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. SignatUre item 4 if Restricted Delivery is desired. ❑Age ■ Print your name and address on the reverse X ddressee so that we can return the card to you. B. Receiv y(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No 13 7-4 NOD 1 3. Service Type (� U fi�Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Feel ❑Yes 2. Article Number -�347 9469 (transfer from service label) ?0 0 4 2890 0 003 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 U.S. Postal Service-,. Er CERT1,11FIED MAIL. RECEIPT 7T O For deffirery-Intbirmallon visit our webMW at www.u9psAxunq r � 2iN rn 1 ° �O !Postage $ 1 �2 Z f rn r U 7- O O Clified Fee ��Zs3z3t� abw 0�61) 0 04 Postmark Q p Return Receipt Fee Here (Endorsement gwred s1.75 / E3 Restricted Delfv e C- (Endorsement Req 'e; rul Total Postage&Fees .�425 03/29/2005 s O Sent To O 1� S`IreeG Apt.No.j---------------------------------------------------------------------- or PO Box No. City,State,141P+4 :r0 June 2002 SENDER:COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signat item 4 if Restricted Delivery is desired. X ❑Age ■ Print your name and address on the reverse ddressee So that we Can return the Card to you. B. Receive y(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or orl the front if space permits. D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: El No f3;J�; is y� � G A `"� H�D 3. Service Type p� 15�Certified Mail ❑Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra FeAI ❑Yes 2. Article Number 0003 7347 9469 (transfer from service label) 7004 2890 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 Postal 0 - o .oCERTIFIED . y lPomegfic Mail Only;No Ins NA� c-? Postage $ 1 �2 Z m 1 v p Ce ifiedFee O0Zt2-36 �bW V�bl� �^Q C:I Postmark 1� O Return Receipt Fee (Endorsement Require 51.75 / Here E:3 Restricted Deliv\e Aow / E' (Endorsement Req i eWy - Z ^ �,A fL Total Postage&Fees #2S 03/24/2005 O ent To 0 �` b`freef,Apt.No.;---------------------------------------------------------------------- or PO Box No. ---------------------------------------------------------------------- City,State,ZIP+4 PS Form :0r June 2002 ■ Complete items 1,2,and 3.Also complete A. Signature Item 4 if Restricted Delivery is desired. X 1 — -� ❑Agent ■ Print your name and address on the reverse t I ❑Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, ) I : or on the front if space permits. - - D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: ,�rr If YES,enter delivery address below: El No �C,.✓ �� /Joe(G,G�,nley /tSSiG,i1� J3. Service Type / Certified Mail ❑Express Mail Registered ❑ Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number(Transfer from sr 7004 2510 0001 8280 0031 � PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540; m C3 .: e Cf ru —--- _ CO r-q Postage R 3L 0 v Certified rep '1�� 0 u 0 neturn neceipt ree Postmark (Endorsementnequked) �_ { Here 0 nestrlded Delivery roe a r� (Endorsement nequlred) Ln ru Total Postage&rees 0 Ser 10 0 M1 tre�t,:lpt.No.; ,. 4L�E�✓=i_ G! -._'JE... A� �I_/��/!F: or PO Box No. jf7B�l�n--c-< 'City,SInT_lP+q / -------------- -Aa /- -K-'-------------- l, W. rr_ L r i StNb OMPLttt tHIS 8tCtiON •MPLEL-tt MIS SIMVON ON bELIVLtrly ■ 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 - ❑Addressee so that we can return the card to you. B. Recoived b (°hrint901hame) C. Dat f Deli dry ■ Attach this card to the back of the rnailpiece, or on the front if space permits. D. Is delivery address different from item 11 ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No P,D G e-TT �001 VE 2N00 `�)al*V,�- 1 t L C—' 5 540 3. Service Type ❑Certified Mail ❑Express Mail ❑ Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (Transfer from service label) PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1540 I N--1 S+X D N Q phj C7 X, n (D -) CD (Da ar W-)'0 x c> r—(D 4 rn 0 Q 1. 0)"0 X C) CS (D7 XO N a) (Dh c�z c> O I-+ r to O X C —IQ-- NO N0 CD X� J-A0 O) H O 3 N (DC3 CO a)Q -4,W _O �- X 7t (D Q (r) r'- j I'71 X-0 �' O O D X M ]> KD C3`G N CD'it N G) W N N C fQ V C31 N (D O(n V) Q) rn rrri O --A-3 O N C NW O) fU P—W N Mo CDD (D(D -3 Z) (D (D C-) X, W ID C:)to W<W Q) O tP C n�- co C)O M O 0 G - K)�CD Z r�'l 0 O (D a µ C31-4 X (D �C7)(7)O T7 _0 -3 cc)1 \-0 ~ O 'i7 C O r 0 0 T) `G (J)N •J O. �1 7 tD Cri 1 N.+< CT CD CA)Ln CA 1]O�� C G 7 V O (D 4 C)CD CD C7-X �'�•Q. C) I ID O n O 11 OD N N 14 1: (ODN� 63 T)T rV N O 11 N- C)W OO W ii O Cv31 I � V 3 m ru rr - .n ' O C3 Postage $ M3 r� o Certilled Fee $2.30 0460 0 02 Postmark Return Flaclept Fee �1.75 Here (Endorsement Required) � Restricted Delivery Fee rI— (Endorsement Required) f-0.1)0 `- O Total Postage&Fees 1$ 10/22/2004 Cal To 3`freef,Apt. -------------------------------------- _ or PO Box No. /D 0/ uee N 01J D21 Cily,State.Z1P+4 MC 02�6 4a :11 1 11 BBoK 12 0 PAGE THIS DOCUMENT PRESENTED T0?OFFlCE aJ DATE 19�� CRrFQQRD COLLINS,, j, ECERVE APR 12 2005 DIVISION OF Excise Tax COASTAL MANAGEMENT —0— Recording Time,Book and Page Tax Lot No. ................................................ .................. ........ Parcel Identifier No. .77.4A...2.71_ANA .77.4A 27.2..................... Verified by ..................................................... .......... ....... County on the _ . ...... day of ............ ...... . by ............................................... Mail after recording to .......PELICAN...POINT...DOCK. .OWNERS ASSOCIATION,. INC. .....................................................6.16..P.�iIN.C .SS...STREET.,..WILMINGTON, NG.....284p.1._. _ . _ .. . ... ....... ............ ..... . ........ ........... This instrument was prepared by .......WARLICK,..MILSTED,..DOTSON &..CARTER-jm...... _ . . Brief description for the Index LOT 47 & 48 PELICAN POINT NORTH CAROLINA GI'N ERAL 'WARRANTY DEED THIS DEED made this .........4h day of .. . _ 19 95 , by and between GRANTOR GRANTEE SCARAFONI ASSOCIATES NC, INC. A NORTH PELICAN POINT DOCK OWNERS' CAROLINA CORPORATION ASSOCIATION, INC. Eider In appropriate block for each party: name, address, and, if appropriate, character of entity, e.q. corporation or partnership. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the City of .. . ... _ . ........ ........, ... ..STUMP, _SOUND Township, ONSLOW _ County, North Carolina and more particularly described as follows: _._ . BEING all of Lot Number forty seven (47) and Lot Number forty eight (48) , as shown on plat entitled, "Survey of Property designated as Pelican Point," (formerly "Division of Chadwick Acres-1986, Phase VIII) prepared by Cowan and Jones, P.A. dated September 27, 1993 and recorded in Map Book 30, Page 23, Slide G-211, Onslow County Registry and revised in Book 32, Page 84, Onslow County Registry. Subject to boat slip restrictions and declaratins of protective covenants of Pelican Point Dock restrictions in Book 1254, Page 161, through page 171, Onslow County Registry. Subject to Restrictive Covenants recorded in Book 1145, Page 445, Onslow County Registry. N.C.aar Assoc.Funs No.3 6 1976.Revised w) 1977 1-.uo.Izr.v. k,. I. N c_nuh Ilia N C Ua,A—L 191li BOOK 12 6 0 Put J 6 9 e ApR 1 2 2005 DIVISION OF MENT COASTAL The property hereinabove described was acquired by Grantor by instrument recorded in .............................................................. BOOK 1138, PAGE 602, Onslow County Registry . ...................................................................................................................................................I....... A map showing the above described property is recorded in Plat Book .......30......................... page....23................ TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: SUBJECT to 1995 Onslow County ad valorem taxes. IN WI ESS RE F, the Grantor has hereunto set his hand and seal, or It corporate, has caused this Instrument to be signed in its corporate a, e by is dul authorized officers and its seal to be hereunto affixed by authority of Its Board of Directors, the day and year first above wjiten )__ ONI S CIATES NC,__ INC.- - --- ------------- ;" -------------------------------------------------------------(SEAL) (Corporate Name) ra �y �- --- - --------------------------------------- ----(SF,AW--------------------------------------------------------- _______________President - x ATTEST: U '* -------------------------------------------------------------(SEAL) ------------ ------._Secretary(Corporate Seal) fW/I -------------------------------------------------------------(SEAL) SEAL-3TAMr NORTH CAROLINA- ----------------------------------County. r , I, a Notary Public of the County and State aforesaid, certify that __________________________________________ 1 !i ds ---------------------------------------------------------------------------------------------------- Grantor, personally appeared before me this day and acknowledged the execution of the foregoing Instrument. Witness my Y hand and official stamp or seal, this ________ day of ----------------------------------------- 19_____- My commission expires:______________________________ ---------------------------------------- Notary Public �Nllill�p��� NORTH CAROLINA, _ _ i�C�_�-C�C _i__county. ��•••....1.tiI••�'Yl(7 /� 1, a Notary Public of the County and State aforesaid, certify that Jctranr .�. O T A '•• v pe sonally-c`ame before me this day and acckkn/o�wledg d that ____ he Is __ _ _5J`_I_a_-_____-_-__ Secretary of Z ; �«•r+ V aC�wC1CZ� _(_/CJVeA4•a North Carolina corporation, and that by authority duly z'... i0 Z = I given and as the act of the corporation, the.fotegoing_Instrum.ent was signed 17 Its nare by Its _______________ ♦ President, sealed with its corporate seal and attested b _ its i 'S' -• tJe�� ..•• ♦ M p �- - ---- - -�'-5----------------- Secretary. '� '•••..•...•• \ r7 -« -. n sees -'- Q4 _ ````ti\ ...��ne., �.y leer.ems• ._3 .f..e.... :tart p as x^a!, ihla --- ---�s�(/f �/J���-✓- /-j-----� IS l_✓_ _ ,7,4111IINIII1,�V��``` Aly commission expires: _s1 �QO__________ /.,_/ �: /✓(/' t _ Notary Public The foregoing Certificate(s) of ------------------------Libby--L.—Johns-on----------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------------------------------------- Is/are certified to be correct. This.instiument and this certificate are duly registered at the date and time and In the Book and Page shown on the flrs page he of. . - Onslow __ _ _________________REGISTER OF DEEDS FOR------------------------------------COUNTY ----------- By -------------------------------------------------------------------Deputy/Assistant-Register of Deeds N.C.Bar Assoc.Form No.3©1976,Revised©1977—Jama William,a Co.,1mc..Boa In,vadklmiue.N.C.27M Printed by Agreement with the N.C.Bar Assoc.-1981 - 3 - D I APR 12 2005 STATE OF NORTH CAROLINA DIVISION OF coasTAL MANAGEMENTCOUNTY OF &.L4LV)()oPA I, a Notary Public of the county and state aforesaid, do hereby certify that personally came before me this day and acknowledged that _he is secretary of SCARAFONI ASSOCIATES NC, INC., a North Carolina corporation, and that by authority duly given and as the act of the corporation the foregoing instrument was si ned in its name by its president, sealed with its corporate seal, and attested by hipself as its X54J sA,.. secretary. Witness my hand and official seal, this the_L2 day of , 1995. `Notary P lic My Commission Expires: 5_1 f ZG0 J A ;r02 STATE OF NORTH CAROLINA 'C ,0 COUNTY OF ONSLOW % O�BL�G J ` ZF///�aiitt The foregoing certificate of is certified tote correct. This instrument was presented for registration and recorded in this office in Book page This day of , 1995 at o'clock_..m. Register of Deeds f E' i v PREPARED BY: DENNIS M. MARQUARDT, ATTORNEY-AT-' P.O. DRAWER 189, MOREHEAD CITY,NC 2 STATE OF NORTH CAROLINA APR 1 2 2005 DIVISION OF COUNTY OF ONSLOW PARCEL# COASTAL MANArEMENT THIS WARRANTY DEED made and entered into this 15th day of August, 1995 by and between: SCARAFONI ASSOCIATES NC,INC., a North Carolina Corporation (hereinafter "GRANTOR") and PELICAN POINT DOCK OWNERS' ASSOCIATION,INC. 616 Princess Street Wilmington,NC 28401 (hereinafter "GRANTEE") The designation GRANTOR and GRANTEE as used herein shall include said parties, their heirs, successors and assigns and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH: That the GRANTOR, for a valuable consideration paid by the GRANTEE, the receipt of which is hereby acknowledged,has and by these presents does grant, bargain, sell and convey unto the GRANTEE in fee simple, all that certain lot, tract or parcel of land situated in Onslow County, North Carolina and more particularly described as follows: Being all of Lots 47 and 48, Pelican Point Subdivision as shown and described on that map recorded in Map Book 30,page 23, Slide G-211, Onslow County Registry, together with the walkway and pier located thereon saving and excepting and reserving unto Grantor however, Boatslips Nos. 1 through 10 as shown on that survey by Brent A. Lanier entitled "Pelican Point Dock Owners'Association,Lots 47&48,Pelican Point"of record as Exhibit A on that Declaration of Protective Covenants of Pelican Point Dock of record in Book ,Page , Onslow County Registry. SCENE AM 1 2 2005 - 2 - DIVISION OF In addition to those Protective Covenants �iql&§T&6MANAGEMENT Book 1145, Page 445, Onslow County Registry and those of record in Book ,Page ,Onslow County Registry,Lots 47 and 48 are subject to the specific covenant that said lots may not be used for parking by automobiles, trucks, other motor vehicles, or other self-propelled vehicles,whether or not they are licensed to be operated on the highways of the State of North Carolina and that said vehicles may remain on the above referenced lots for a period of time not to exceed fifteen (15) minutes while unloading or loading equipment and other items that would be used in conjunction with a boat moored at the dock adjacent to the above referenced lots. Vehicles left in excess of fifteen(15) minutes may be towed at the vehicle owner's expense and there shall be no recourse by the owner against any party or parties that cause said vehicle to be towed. Any deletion of this Protective Covenant or modification or amendment thereto shall be required to be in writing and must be consented to and signed by the then owners of Lots Nos. 3, 5, and 46 of Pelican Point Subdivision. TO HAVE AND TO HOLD the aforesaid lot, tract or parcel of land and all privileges and appurtenances thereto belonging to the GRANTEE in fee simple. And the GRANTOR covenants with the GRANTEE, that GRANTOR is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances,and that GRANTOR will warrant and defend the title against the lawful claims of all persons whomsoever excluding the exceptions stated herein and designated on the map referred to above. IN WITNESS WHEREOF, the GRANTOR has hereunto set its hand and seal, the day and year first above written. SCA ASSOCIATES NC, INC. BY: AN S ARAFONI, President (CORPORATE SEAL) Attest: ,f 54— Secretary