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HomeMy WebLinkAbout86-05 Topsail Offshore s� Permit Class Permit Number NEW 86-OS STATE OF NORTH CAROLINA Department of Environment and Natural Resources and COPY Coastal Resources Commission permit for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 v 20Q Excavation and/or filling pursuant to NCGS 113-229 ` Issued to Topsail Offshore,PO Box 3250,Topsail Beach, NC 28445 Authorizing development in Pender County at add to Banks Channel/Topsail Sound, Channel Blvd.. Topsail Beach , as requested in the permittee's application dated 1/20/05 (MP-1) & 1/22/05 (MP-4), including the attached workplan drawings (2), both dated 1/22/05 This permit, issued on ,Innt, 1, 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 shall not be relieved of this requirement if he abandons the project without having the permit transferred to a third party. 2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission. date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit must be accessible on-site to Department / personnel when the project is inspected for compliance. 9' ,41 harles S. Jones, Director Any maintenance work or project modification not covered hereunder requires further Division approval. Division Of Coastal Management All work must cease when the permit expires on This permit and its conditions are hereby accepted. December 31, 2008 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee ----------------- •p, ti^h P•, :, ------------------- Topsail Offshore Permit#86-05 Page 2 of 3 ADDITIONAL CONDITIONS 3) This permit authorizes only the floating dock, access pier and associated pilings located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non-water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. r«= 4) 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. , 5) The authorized structure and associated activity shall not cause an unacceptable interference with navigation. 6) 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. 7) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's riparian access corridor, which is determined by drawing a line parallel to the 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. 8) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. General 9) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee shall be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 1 0) No vegetated wetlands or open water areas shall be excavated or filled, even temporarily. 11) 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. Topsail Offshore Permit #86-05 Page 3of3 ADDITIONAL CONDITIONS NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non-water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: The permittee and/or his contractor is urged to meet with a representative of the Division prior to project initiation. NOTE: The N.C. Division of Water Quality has assigned the proposed project DWQ Project No. 050738. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 200500712. o-so-o-aov, vatiw.ti rr Affl,,X-ly NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary June 2,2005 Topsail Island Historical Cultural Arts Council P.O.Box 3250 Topsail Beach,NC 28445 Dear Sir and 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, P07& V, kl Douglas V.Huggett Major Permits and Consistency Manager Enclosure 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-22931 FAX: 919-733-14951 Internet: http://dcm2.enr.state.nc.us An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Topsail Offshore 2. LOCATION OF PROJECT SITE: The property is located at 720 Carolina Blvd, adjacent to Banks Channel/ Topsail Sound, in Topsail Beach,Pender County. Photo Index-2000: 25-324: L,M-(5) 1998: 13-290: L-(21) 1995: 25-307: K,L-(16) State Plane Coordinates-X: 2,413,488 Y: 227,631 GPS File: P-030914A 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit— 03/09/05 Was Applicant Present—No 5. PROCESSING PROCEDURE: Application Received—Complete on 03/10/05 Office—Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan—Topsail Beach Classification From LUP-Developed (B) AEC(s)Involved: EW,PT (C) Water Dependent: Yes (D) Intended Use: Private/Commercial (E) Wastewater Treatment: Existing—Septic System Planned -None (F) Type of Structures: Existing —Dock,Bulkhead,Commercial Structure and gravel parking lot(highground) Planned—Extend existing dock waterward 9' and expand dock to 6' x 125' with a 4' x 25' finger pier and six 3-piling clusters for mooring and one single mooring piling. (G) Estimated Annual Rate of Erosion:N/A Source-N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands ncorpora ion (B) Non-Vegetated Wetlands - open water 2,482 ft.2 (C) Other (D) Total Area Disturbed: 2,482 ft.2 (E) Primary Nursery Area:NO (F) Water Classification: SA Open: Yes 8. PROJECT SUMMARY: The applicant proposes to extend existing dock waterward 9' and expand dock to a 6' x 125' floating dock,the northern 25' section of the floating dock would be 10' wide, six 3-piling clusters for mooring, and one single mooring piling. The applicant is proposing 7 slips associated with this dock. Topsail Offshore Page Two 9. PROJECT DESCRIPTION: The project site is located at 720 Channel Blvd., adjacent to Banks Channel/Topsail Sound, in Topsail Beach,Pender County. According to the permit application this property is 200' x 138' or 27,600 sf.2. There is an existing commercial structure on this property, know as the Assembly Building,with a 7,200 sf.Zgravel parking lot. There is an existing bulkhead that runs the length of the shoreline at the project site. There is an existing floating dock and pier located at this site. The pier is 6' x 13' that connects to a ramp which is approximately 12' connecting to a floating dock measuring approximately 6' x 72' that runs parallel to the bulkhead and terminates 31' into Banks Channel. The normal high water at this site is located at the base of the existing bulkhead. Banks Channel is approximately 1800' wide at this location. Banks Channel provides access to properties to the north and south of the project site. The vegetation on the high ground area includes bermuda grass and other ornamental plants. There are no coastal wetlands located in the project site. The Topsail Beach Land Use Plan classifies this area as developed. In the project area,the NC Division of Water Quality classifies the waters of the Banks Channel/AIWW and Topsail Sound, as SA. This area of Topsail Sound is not designated as primary nursery area by the NC Division of Marine Fisheries and is open to the harvesting of shellfish. PROPOSED PROJECT: The applicant proposes to replace the existing 6' x 72' floating dock with a 125' long floating dock the northern 30' section of the floating dock would be 10' wide. The remaining 95' would be 6' wide with six 3-piling clusters for mooring, and one single mooring piling. The water depths at the end of the proposed pier would range from—6' normal low water(NLW)to—8' NLW. There are seven(7) slips proposed with this dock. Banks Channel is approximately 1800' wide from edge of bulkhead to edge of marsh at this location. The proposed dock would have two commercial head boats moored at this location and the remaining slip would be for the use of the members of the Topsail Island Historical Cultural Arts Council. 10. ANTICIPATED IMPACTS The proposed development would incorporate 2,482 ft.2 of estuarine waters and public trust area. The applicant is not proposing any new development above NHW. Submitted by: J. W. Giles Date: March 14, 2005 Office: Wilmington Recommendations for State Permit—Topsail Offshore The applicant had four(4)mooring pilings installed on or before March 18,2005 at this site without obtaining any permits and a notice of violation was sent on April 1,2005. This office determined that the work could have been permitted,and as such no restoration was required.In the event this permit is approved,this office recommends that the permit for the proposed development include the following conditions: ' I. The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the project without having the permit transferred to a third-party. 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 permitee 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 seven(7)boat slips. At no time shall more than 7 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. 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. Form DCM-MP-1 ". " 'i* FEB, 1 4 �� T DIVISION OF (To be completed by all applicants) COASTAL MANAGEMENT b. Cam, town, unity or landm � S 1. APPLICA-NT 14 4 c. Street address or second road �f m er a. Landowner: (71 ► —, 7�4 �i'►�=1J n e� �L� , �,�C � Name ' I�`�n W40V'1J eultw 4yk d• Is proposed work�►vithin city Iimits or planning -� jurisdiction? i/ Yes No Address TO �ZS© -` e. Name of body of water nearest r t,oject (e.g. riv r, City 10 bS�t ���►'1 State C creek, sound, bay) �o eS�°i SO 'n Zip Day Phoned Fax!' . _ 0-�4 CZ 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT b. Authorized Agent: Name �Vy� -'C� n r a. List all development activities you propose (e.g. �J building a home, motel, marina, bulkhead, pier, and Address ` ,4--3 COG He L�' excavation and/or filling activities. lr City SUV State C zip 4 4 S Day Phone b. Is the proposed activity maintenance of an existing project, new work, or both? 8© Fax c. Will the project be for public, private or commercial use? CEO 1M rvl PXt�.t ?�"I c. Project name (if any) �To p sz04< kDY''e' d. Give a brief description of purpose, use, methods of construction and daily operations of proposed NOTE: Permit will be issued in nano of Jmido~r(x), andlor project. 1f more space is needed, please attach additiftpages. project name. -A tj40 Y � 2. LOCATION OF PROPOSED s o PROJECT IL a. County ��nd Form DCIN I-;1Id?-1 m. Descr bee �sting}vastewater eatment facilities. 4. LAND A.ND WATER CHARACTERISTICS a. Size of entire tract 200 L y n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary h. Size of individual Iot(s) n/19 wastewater, industrial/commercial effluent, "wash down" and residential discharges. c. Approximate elevation of tract above MHW or Sv��a Ce ►^l/n/� >L NWL U i d. Soil type(s) and texture(s) of tract o. Describe existinI drinkin water supply source. C� y U/�irr e. Vegetation on tract l'1 lY3tr f. Man-made features now on tract SS ADDITIONAL I FORINIATION g. What is the CAMA Land Use Plan land In addition to the completed application form, the classification of the site? (Consuk the local land use plan.) following items must be submitted: Conservation Transitional Developed Community 0 A copy of the deed (with state application only) or Rural Other other instrument under which the applicant claims title to the affected properties. If the applicant is not h. How is the tract zoned by local government? claiming to be the owner of said property, then 8`) forward a copy of the deed or other instrument under which the owner claims title, plus written permission i. Is the proposed gFoject consistent with the applicable from the owner to carry out the project. zoning? Yes No (Attach toning compliance certificate, if applicable) • An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale in black j. Has a professional archaeological assessment been ink on an 8 1/2" by 11" white paper. (Refer to done for the tract? Yes No Coastal Resources Commission Rule 71.0203 for a If yes, by whom? 41.9 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 Regis r listed or eligible property? prints or other larger plats are acceptable only if an Yes No adequate number of quality copies are provided by / applicant. (Contact the U.S. Army Corps of I. Are there wetlands on the site? Yes J No Engineers regarding that agency's use of larger Coastal (marsh) Other drawings.) A site or location map is a part of plat If yes, has a delineation been conducted? requirements and it must be sufficiently detailed to (Attach documentation, if available) C 7,guide agency personnel unfamiliar with the area to the FEB 14 2W5 COASTAL ISION OF MANAGEMENT Form DC'Ni-MP-1 V FEB 1 4 2005 site. Include highway or secondary road . U I V I numbers, landmarks, and the like. �ATAL VNCFRT FICATION AND PERMISSION TO ENTER ON LAND • A Storrnwater Certification, if one is necessary. • A list of the names and complete addresses of the I understand that any permit issued in response to this adjacent waterfront (riparian) landowners and application will allow only the development described in signed return receipts as proof that such owners the application. The project will be subject to conditions have received a copy of the application and plats and restrictions contained in the permit. by certified mail. Such landowners must be advised I certify that to the best of my knowledge, the proposed that they have 30 days in which to submit comments activity complies with the State of North Carolina's on the proposed project to the Division of Coastal approved Coastal Management Program and will be Management. Upon signing this form, the applicant further certifies that such notice has been provided. Conducted in a manner consistent with such program. Name �L I certify that I am authorized to grant, and do in fact, Address t Q 2-4 n grant permission to representatives of state and federal Phone �8 ZS'� review agencies to enter on the aforementioned lands in �� connection with evaluating information related to this Name �V) U '-z2, r ,ppeermit application and follow-up monitoring of the Address Y, a7 P3 rojeet. Phone I further certify that the information provided in this Name application is truthful to the best of my knowledge. Address Phone This is the day of 19. E • A list of previous state or federal permits issued for ` work on the project tract. Include permit numbers, Print Name permittee, and issuing dates. Dyl P Signature landowner or Authorized Agent • A check for $250 made payable to the Department of Please indicate attachments pertaining to your proposed Environment, Health, and Natural Resources project. (DEHNR) to cover the costs of processing the DCM MP-2 Excavation and Fill Information application. CM MP-3 Upland Development • DCM MP-4 Structures Information A signed AEC hazard notice for projects in DCM MP-5 Bridges and Culverts oceanfront and inlet areas. DCM MP-6 Marina Development • A statement of compliance with the N.C. NOTE: Please sign and date each attachment in the Environmental Policy Act (N.C.G.S. 113A - 1 to 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. JUN-01-2005 03:36 From: To:4 P.2/2 .. Form DCM-MP-4 STRUCTURESFED 14 (Construction within Public Trvst Areas) COAST 01V S0 N OF AGEMEN'r Attach this form to Joint An for CAMA Major e. Mooring buoys Permit, Form DCM-MP-1. Be sure to complete all (1) Commercial _,,,Community_Private other sections of the Joint Application which relate to (Z) Number 10 this proposed project. (3) Description of buoy a. Dock(s) and/or pier(s) (Color, inscription, size, anchor, etc.) (1) -U/— Commercial —community Private (2) Number 1 I (3) Length Z ' hook.dac'k 12'e4m/p (4) Width of water body (4) Width Etc. ' (5) Distance buoy(s) to be placed beyond (S� Finer Piers es No shoreline (i) Number (ii) Length ' ' f_ Mooring cture (boatlift, coring pUin etc.) i (iii) Width ' (6) Plarform(s) Yes No (1) Commercial _Community Private .�umber _L4 (i) Number (3) Length )2o, 61) Length (4) Width , (iii) Width �~- aF Sc% c0-1/,Vs�� 3�l/ice s (7) Number of slips proposed 7 g. Other (�— co„rplar, desWpdon) l (8) Proximity of struerure to adjacent riparian property lines i (9) Width of water body U ' (10) Water depth at waterward end of pier at MLW or N-WL C b, Boathouse (including covered liiu) (1) Commercial Private (2) Length r (3) Width Applimnt or Prglcet Ntuac c. Groin (e.g. wood, she pile, etc.) (1) Number src (=) Length(s) - d. Breakwater (e.g. wood, sheetpile, etc.) (1) Length (2) Average distance from MHW NWL or wetlands (3) Maximum distance beyond MHW, NWL or wedands i D i - W i N m m Al ten _ G6.r51 w o C 131 I L j • ; O O J ZZ N �� J 5 D o fn�n�,s;,C G)o cis. Ln -3 -2�:-25 -zr _5 -sus; -g -Jp+ -ro -to-to 1" Wefv� - 10 -Y.. - .., 'f•. -l.a - -�J ��.;�'� u�i�#1.'22t7'f�+•. Pn �� 1f2VO5 _ l I � � �•tir��..�� '�`sst:e� .1.G.ry,o,, � tn� n�rrt�c�*4.,n i`�S�!S 3u�T� ro -ij �15� ff;.,,�Jlk� whet. tc�Z ru I 7 F 13 In�s to x+;j2af7' (�uL,ls. Z.• Qzk Cro;s Sec l nc ` II A 2 ISt►nG k k new l SG b�tCk JO&k �f s per J, e PIL-a �?v5 7U� o ZCIO'-� � wade,-6�dy - o co o �co co �zz o � o scale Z Prepared 11-12.IQ5 �! by Dave Go ed ne r 910 Sys- 3 .1-7q s heef 2 W?- PROJECT NARRATIVE E c T.6m IV.E JANUARY 22 2005 DAVE GARDNER FEB 14 2W5 743 COCKLE ST. DIVISION OF SURF CITY, N.C. 28445 COASTAL MANAGEMENT 910 545 3474 TO WHOM IT MAY CONCERN : THE TOPSAIL OFFSHORE PROJECT IS THE ENLARGEMENT OF THE EXISTING FLOATING DOCK AT THE ASSEMBLY BUILDING IN TOPSAIL BEACH TO ACCOMMODATE 2 PERMANENT VESSELS FOR DOCK RESIDENCE AND PROVIDE SPACE FOR MUSEUM VISITORS, PUBLIC USAGE, AND TOPSAIL ISLAND OFFSHORE FISHING CLUB ACTIVITIES. THE PRESENT RAMP IS 31 FEET OUT TO A FLOATING DOCK 60 FEET LONG. THE PROPOSED RAMP AND DOCK WILL BE 64 FEET OUT AND 160 FEET LONG, ALLOWING 40 FEET FROM THE PROPERTY LINES. THERE WILL BE 6 PILE CLUSTERS(DOLPHINS) FOR ON LARGE VESSEL,AND 6 MORE SINGLE PILINGS FOR ANOTHER VESSEL. THE NEW STRUCTURE IS WITHIN ALL SETBACKS AND DOES NOT HINDER OR BLOCK ANY NAVIGABLE CHANNEL. SINCERELY, DAVID M GARDNER TOPSAIL OFFSHORE DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Topsail Island Historical Cultural Arts Council County: Pender LOCATION OF PROJECT: 720 Carolina Blvd., adjacent to Banks Channel/Topsail Sound, in Topsail Beach. 40, DATE APPLICATION RECEIVED COMPLETE BY FIELD: 03/10/05 eh�� FIELD RECOMMENDATION: Attached: YES To Be Forwarded:No q0. = �y CONSISTENCY DETERMINATION: Attached:No To Be Forwarded:Yes oC FIELD REPRESENTATIVE: Jon Giles DISTRICT OFFICE: Wilmington �f DISTRICT MANAGER REVIEW: B) DATE APPLICATION RECEIVED IN RALEIGH: 0 i o5 FEE REC'D:$ PUBLIC NOTICE REC'D: l—*As END OF NOTICE DATE: p 6/0 Mo`� ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: APPLICATION ASSIGNED TQ, ON: C) 75 DAY DEADLINE: 05123/a5 150 DAY DEADLINE: MAIL OUT DATE: STATE DUE DATE: FEDERAL DUE DATE: 6-6- b 5` FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS OBJECTIONS: NOTES RETURNM YES NO Coastal Management-Regional Representative Coastal Management-LUP Consistency / Division of Community Assistance Land Quality Section q-�C)-OS Division of Water Quality s=N-03 Storm Water Management(DWQ) O fL i- State Property Office -as Division of Archives&History S�"O S� V Division of Environmental Health S- 0-O S� Division of Highways s"3' Vx Wildlife Resources Commission g 0 ✓ Division.of Water Resources Division of Marine Fisheries y-z 0•-0-5 v� Submerged Lands(DMF) Permit# $6_b S DCM Coordinator: �o�,erLl MAILING DISTRIBUTION:/ Permitee: Agent: ve c 14 3 c c k ke- 5 � a y �r S�R.F G , DCM Field Offices: �,.�8 �S Elizabeth City orehead City *Washinng—DnUS Arps of Engineers(USACE): Washington: Mike Bell(NCDOT) Bill Biddlecome(NCDOT) Raleigh Bland Wilmington: Idiarol CD ) Others: Cultural Resources: I /" Environmental Health: Marine Fisheries: NCDOT: Shellfish Sanitation: State Property Office: Water Quality: - OT J e OT) Water Resources: Wildlife Resources: aria Tri Bennett Wynne 1 David Cox(NCDOT) \ Travis Wilson(NCDOT) 1 LPO: FAXING DISTRIBUTION: Permitee at 11/0- 42-9- 2-VS7 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 r DEPARTMENT OF THE ARMY WILMINGTON DISTRICT,CORPS OF ENGINEERS _ P.O.BOX 1890 WILMPt TGTON.NORTH CAROLINA 28402-1890 REPLY TO � � '•/ ATTENTION OF: � June 22, 2005 JUN 2 8 2005 Regulatory Division Morehead City DCM Action ID No. 200500712 and State Permit No. 86-05 Topsail Offshore Post Office Box 3250 Topsail Beach,North Carolina 28445 Dear Madam or Sir: Reference your application for a Department of the Army permit request to extend the existing dock waterward 9', expand the existing floating dock to a 6' x 125' floating dock, the northern 25' section of the floating dock will be 10' wide, construct six 3-piling clusters for mooring and one single mooring piling at 720 Channel Boulevard, adjacent to Banks Channel/Topsail Sound, in Topsail Beach, Pender 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, dt4yw jcA- Henry Wicker Regulatory Project Manager r 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 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT,CORPS OF ENGINEERS _ P.O.BOX 1890 WILMINGTON.NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF: May 31, 2005 Regulatory Division Action ID No. 200500712 91 n s.,,_ �' Mr. Doug Huggett Division of Coastal Management Morehead North Carolina Department of Environment y and Natural Resources 400 Commerce Avenue Morehead City,North Carolina 28557-3421 Dear Mr. Huggett: Reference the application of Historical Cultural Arts Council for a Department of the Army permit to extend the existing dock waterward 9', expand the existing floating dock to a 6' x 125' floating dock,the northern 25' section of the floating dock will be 10' wide, construct six 3-piling clusters for mooring and one single mooring piling at 720 Channel Boulevard, adjacent to Banks Channel/Topsail Sound, in Topsail Beach,Pender 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 Pennittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 2 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 Pender County. In order to protect the West Indian manatee all work should be done during the period from November 1 to May 31. If 3 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. Questions or comments may be addressed to Mr. Henry Wicker, Wilmington Field Office, Regulatory Division, telephone (910) 251-4930. Sincerely, Henry icker Regulatory Project Manager Enclosure Copies Furnished (without enclosure): Ms. Cyndi Karoly Division of Water Quality Mr. Ronald J. Mikulak, Chief North Carolina Department of Environment Wetlands Regulatory Section and Natural Resources Water Management Division 1650 Mail Service Center U.S. Environmental Protection Agency Raleigh, North Carolina 27699-1650 61 Forsyth Street, SW Atlanta, Georgia 30303 Mr. Pete Benjamin U.S. Fish and Wildlife Service Mr. Jim Gregson, District Manager Fish and Wildlife Enhancement Wilmington Regional Office Post Office Box 33726 North Carolina Division of Coastal Raleigh, North Carolina 27636-3726 Management 127 Cardinal Drive Extension Mr. Ron Sechler Wilmington, North Carolina 28405 National Marine Fisheries Service Habitat Conservation Service Commanding Officer Pivers Island U.S. Coast Guard Marine Safety Office Beaufort, North Carolina 28516 721 Medical Center Drive, Suite 100 Wilmington,North Carolina 28401-4895 Mr. David Rackley NMFS, Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 4 FROM :NCDENR FAX NO. :2529753716 May. 19 2005 06:31AM P3 _ North Carolina Wildlife Resources Commission Richard B.Hamilton,Executive Director MEMORANDUM TO: Doug Huggett,Major Permits Processing Coordinator Division of Coastal Management North Carolina Department of Environment and Natural Resources FROM: Maria Tripp,Northeast Coastal Region Coordinator Habitat Conservation Section DATE: May 18,2005 SUBJECT: CAMA Dredge/Fill Permit Application for Topsail Offshore,Fender County, North Carolina, Biologists with the North Carolina Wildlife Resources Commission(NCWRC)reviewed the Permit application with regard to impacts on fish and wildlife resources.The project site is located at 720 Carohna Blvd,adjacent to Banks Channel/Topsail Sound,in Topsail Beach,NC.Our comments are provided in accordance with provisions of the Coastal Area Management Act(G.S. 113A-100 through 113A-128),as amended,and the Fish and Wildlife Coordination Act(48 Stat.401,as amended, 16 U.S.C. 661 et seq.). The applicant proposes to extend an existing dock waterward 9' and add a 6'by 125' floating dock.The northern section of this dock would be 10'wide while the remaining 95' would be 6'wide with six 3-piling clusters for mooring and one single mooring piling, The applicant states the figuration of this structure is to create seven slips.The waters of Banks Channel/AIWW and Topsail Sound at this location are classified SA by the Environmental Managemcnt Commission and are open to shell fish harvesting. NCWRC supports recommendations by the NC Division of Marine Fisheries and Shellfish Sanitation that address protection of estuarine water quality and fishery resources.This includes any concerns the additional proposed or potential slips may have on the closure of open shellfish waters. We appreciate the opportunity to review and comment on this permit application.if you need further assistance or additional information,please contact me at(252)948-3916. cc: Rhode,F.—NC Division of Marine Fisheries Shellfish Sanitation,Wrightsville Beach Office Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh,NC 27699-1721 Telephone: (919)'733-3633 ext.281 • Fax: (919)715-7643 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEER, P.O. BOX 1890 �� WILMINGTON, NORTH CAROLINA 28402-1890 �� t9 IN REPLY REFER TO �Y Os "' Regulatory Division S-S ` oS Cj� Action ID. a00S D 67 2 Applicant: f S GLArcG J Waterway: &euk d,4�)ne-1 County: Type Work: Q_ �o PS9'�SOu��t Mr. Ron Sechler Commanding Officer National Marine Fisheries United States Coast Guard 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 /l(; h,- "r Post Office Box 33726 egional Office Raleigh,North Carolina 27636-3726 Division o Coastal Management NC Department of Environment,Health Commanding Officer and Natural Re ources United States Coast Guard ' M. Marine Safety Office 6 721 Medical Center Drive Suite 100 J. 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 ( -62 - v Questions or comments may be addressed to the undersigned, available at telephone (910) 251-4930. Sincerely, Henry��cker,Project Manager Wilmington Regulatory Field Office Enclosure 1 PIPFA NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary April 27, 2005 Mr. Dave Gardner PO Boxs3ail 250Island Historical Cultural Arts Council Topsail Beach,NC 28445 Subject: EXEMPTION MAY U 4 2005 Stormwater Project No. SW8050422 Topsail Offshore Fishing Club Project Morehead Pender County City DCM Dear Mr. Gardner: The Division of Coastal Management through a cooperative agreement with the Division of Water Quality has reviewed your CAMA major permit application to determine if a stormwater management permit would be required from the Division of Water Quality. The review of the plans and specifications has determined that the development activities proposed at this time will not pose a threat to surface water quality from stormwater runoff. The Director of the Division of Water Quality has determined that projects that are reviewed and approved by the Division of Water Quality as not posing a water quality threat from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000. By copy ofthis letter, we are informing you that your project will not require a stormwater management permit.. If the subject project disturbs one acre or more and has a point source discharge of stormwater runoff, then it is also subject to the National Pollutant Discharge Elimination System(NPDES) stormwater discharge requirements. You are required to have an NPDES permit for stormwater dischar a from projects meeting these criteria. The stormwater rules require the Division of Water 6uality to permit the common plan of development,therefore, any future development on the property, regardless of whether a CAMA Major permit is also required, may require a Stormwater Management Permit application and permit issuance from the Division of Water Quality prior to any construction. Please be advised that this determination is for stormwater management requirements only. Your request for authorization of development under the Coastal Area Management Act is still in process. If you have any questions or need additional information concerning this matter please contact Ms. Linda Lewis with the Division of Water Quality at(910) 395-3900. Sincerely, � w Jam s Gregson k'ct Manager JG/bar cc:Pender County Inspections Doug Huggett, DCM Charles Jones DWQ,DWQ Central Files Wiro Copy 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 ByA Q' 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 V i April 11, 2005 MEMORANDUM: Cy lt�l�e7 Jt_'D APR 1 2 1005 TO: Cyndi Karoly Q `2 ? Supervisor BY: 10 J 401 Oversight and Express Permits Unit Division of Water Quality-Surface Water Protection FROM: Doug Huggett Major Permit Coordinator SUBJECT: CAMA Permit Application Review Applicant: T s orical Cultural s Council Project Location: 720 Carolina Blvd., adjacent to Banks Channel/Topsail Sound, in Topsail Beach,lm=. Co. Proposed Project: The Applicant proposes to extend existing dock waterward 9' and expand dock to a 6'x 125' floating dock,the northern 25' section of the floating dock would be 10'wide,six 3- piling clusters for mooring, and one single mooring piling. The Applicant is proposing Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 4, 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. NO yd/ WQ REPLY: This agency has no objection to the project as proposed. rz, —ca tk t✓'c—�;4) This agency has no comment on the proposed project. JjW,5 c�`Flaf This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED ��/ �� DATE 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper 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 L. ! 4-.. V April11, 2005 Mir z005, MEMORANDUM: / Morehe- ACM TO: Bennett Wynne J NC Wildlife Resources Commission FROM: Doug Huggett Major Permit Coordinator SUBJECT: CAMA Permit Application Review Applicant: Topsail Island Historical Cultural Arts Council Project Location: 720 Carolina Blvd., adjacent to Banks Channel/Topsail Sound, in Topsail Beach,Pender Co. Proposed Project: The Applicant proposes to extend existing dock waterward 9' and expand dock to a 6'x 125' floating dock,the northern 25' section of the floating dock would be 10' wide,six 3- piling clusters for mooring,and one single mooring piling. The Applicant is proposing Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 4, 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. RF,PLy: This ency has no objection to the project as proposed. _ This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone- 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net IDMFD DOVEAPRNCDENR - HABITAT PROTECTION North Carolina Department of Environment and Natural Reso Division of Coastal Management Michael F. Easley, Governor Charles S, Jones, Director William G. Ross Jr., Secretary April]], 2005 MEMORANDUM: TO: Fritz Rohde For Preston P. Pate, Jr., Director Division of Marine Fisheries FROM: Doug Huggett Major Permit Coordinator SUBJECT: CAMA Permit Application Review Applicant: Topsail Island Historical Cultural Arts Council Project Location: 720 Carolina Blvd., adjacent to Banks Channel/Topsail Sound, in Topsail Beach,Pender Co. Proposed Project: The Applicant proposes to extend existing dock waterward 9' and expand dock to a 6'x 125' floating dock,the northern 25' section of the floating dock would be 10'wide,six 3- piling clusters for mooring, and one single mooring piling. The Applicant is proposing Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 4, 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 DATE 3/0 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www,nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer-50%Recycled 110%Post Consumer Paper C;A NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director illiam G Ross Jr., Secretary April 11, 2005 MEMORANDUM: , TO: Dan Sams For James Simmons Division of Land Resources FROM: Doug Huggett Major Permit Coordinator SUBJECT: CAMA Permit Application Review Applicant: Topsail Island Historical Cultural Arts Council Project Location: 720 Carolina Blvd., adjacent to Banks Channel/Topsail Sound, in Topsail Beach, Pender Co. Proposed Project: The Applicant proposes to extend existing dock waterward 9' and expand dock to a 6'x 125' floating dock,the northern 25' section of the floating dock would be 10' wide,six 3- piling clusters for mooring,and one single mooring piling. The Applicant is proposing Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 4, 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 DATE r S Z-0 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer-50%Recycled 1 10%Post Consumer Paper Apr 13 05 11 : 30a Preferred Customer 910-437-2535 p. 1 i 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 April11, 2005 MEMORANDUM: TO: Jason Epley Division of Community Assistance FROM: Doug Huggett Major Permit Coordinator SUBJECT: CAMA Permit Application Review Applicant: Topavik Island Historical Cultural Arts Council Project Location: 720 Carolina Blvd.,adjacent to Banks Channel/Topsail Sound, in Topsail Beach,Pende Co. Proposed Project: The Applicant proposes to extend existing dock waterward 9' and expand dock to a 6' 125'floating dock,the northern 25' section of the floating dock would be 10' wide,six 3 piling clusters for mooring,and one single mooring piling. The Applicant is proposing Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 4, 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 ar incorporated. See attached. This agency objects to the project for reasons described in the attached comment SIGNED DATE l� 400 Commerce Avenue, P�lorehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opponun-ly'Affirmative Actio-i Employer-50'c Recycled`.'i.'Post Calsuner Paper R 9*;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 April 11, 2005 Fr MEMORANDUM: 1 3 2005 TO: Joe Henderson NC Dept. of Administration � Dl� �T -r'TY rF1 iCEi State Property Office _ FROM: Doug Huggett Major Permit Coordinator SUBJECT: CAMA Permit Application Review Applicant: TopM Island Historical Cultural Arts Council Project Location: 720 Carolina Blvd., adjacent to Banks Channel/Topsail Sound, in Topsail Beach,Pender Co. Proposed Project: The Applicant proposes to extend existing dock waterward 9' and expand dock to a 6'x 125' floating dock,the northern 25' section of the floating dock would be 10' wide,six 3- piling clusters for mooring,and one single mooring piling. The Applicant is proposing Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 4, 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. f ii 1\ SIGNED hJ� DATF. bs- 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper MAY-03-2005 07:37 JACKSONOILLE DISTRICT 9103468030 P.02 RECEIVEQp �.:>•�r APR 14 2005 RCDEN N,C.DEPT.OF TRANSPORTATION North Carolina Department of Environment and Natural Resources°FFICEOFrHFsEcRE7ArzY Division of Coastal Management Michael F. Easley, Governor Charles S.Jones, Director William G. Ross Jr.,Secretary April 11, ZOOS DISTRICT 1 MEMORANDUM. 1 APR 2 0 2009 TO: Ken Pace NCDOT State Construction/Materials Branch FROM: Doug Huggett Major Permit Coordinator SUBJECT: CAMA Permit Application Review Applicant: Topsail Island Historical Cultural Arts Council Project Location: 720 Carolina Blvd., adjacent to Banks Channel/Topsail Sound, in Topsail Beach,Pender Co. Proposed Project: The Applicant proposes to extend existing dock waterward 9' and expand dock to a G'x 125'floating dock,the northern 25' section of the floating dock would be 10' wide,six 3- piling clusters for mooring,and one single mooring piling_ The Applicant is proposing Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 4, 2005. if you have any questions regarding the proposed project, please contact Jon Giles at (91.0) 395-3900. When appropriate,in-depth comments with supporting data is requested. REPLY: Y 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 rtl ��! 1�Y ' � �• DATE t o 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet www,nccoastalmanagement net An Zn Inn.,n An1l ,Cn MI . 0001 D".. 'I"A no/. D".r­­­o,.. TOTAL P.02 ow 0� 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 RECEIVED April 11, 2005 Town of Topsail Beach Date MEMORANDUM: Initial— TO: Topsail Beach LPO James Canady FROM: Doug Huggett Major Permit Coordinator SUBJECT: CAMA Permit Application Review Applicant: T.,Qpsail Island Historical Cultural Arts Council Project Location: 720 Carolina Blvd., adjacent to Banks Channel/Topsail Sound, in Topsail Beach, Pender Co. Proposed Project: The Applicant proposes to extend existing dock waterward 9' and expand dock to a 6'x 125' floating dock,the northern 25' section of the floating dock would be 10' wide,six 3- piling clusters for mooring, and one single mooring piling. The Applicant is proposing Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 4, 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: his agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNE D DATE / 400 Commerce Avenue, Morehead City, North Carolina 28557 one: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper � APR 13 2005 19 NCDENR North Carolina Department of Environment and Natural ResouT,1 SEWAToNOFF" Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary 0812 April 11, 2005 W' '49-1, MEMORANDUM: 44), arch °�'o TO: Renee Gledhill-Early i NC Dept. of Cultural ResourceseC?47(� Archives&History iffy FROM: Doug Huggett Major Permit Coordinator SUBJECT: CAMA Permit Application Review Applicant: Topsail Island Historical Cultural Arts Council Project Location: 720 Carolina Blvd.,adjacent to Banks Channel/Topsail Sound, in Topsail Beach,Pender Co. Proposed Project: The Applicant proposes to extend existing dock waterward 9' and expand dock to a 6'x 125' floating dock,the northern 25' section of the floating dock would be 10'wide,six 3- piling clusters for mooring,and one single mooring piling. The Applicant is proposing Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 4, 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 DATE 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www,nccoastal management.IN l 4 2005 An Equal Opportunity 1 Affirmative Action Employer-50%Recycled 110%Post Consumer Paper [p NCDENR AM b,th Carolina Department of Environment and Natural Resources 2 Division of Coastal Management �ichaeJ-�. Go rnor Charles S, Jones, Director William G Ross Jr., secretary s�--t_LctsH SANITAT! "' April 11, 2005 More MEMORANDUM: �►%E TO: Patty Fowler Q `4 NCDENR-Division of Environmental Health Shellfish Sanitation Section APR 1 3 2005 FROM: Doug Huggett M� Major Permit Coordinator SHELLFISH SANITATION SUBJECT: CAMA Permit Application Review Applicant: Topsail Island Historical Cultural Arts Council Project Location: 720 Carolina Blvd., adjacent to Banks Channel/Topsail Sound, in Topsail Beach,Pender Co. Proposed Project: The Applicant proposes to extend existing dock waterward 9' and expand dock to a 6'x 125' floating dock,the northern 25' section of the floating dock would be 10'wide,six 3- piling clusters for mooring,and one single mooring piling. The Applicant is proposing Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 4, 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. r� Aa66, SIGNED DATE zy`Z S �� 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www,nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer-50%Recycled 110%Post Consumer Paper Cli`A APR 1 2 2005 NCDENR I KI YA1E-6 a �� 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 V7EApril 11 2005 MEMORANDUM: MAY 4 2005 Q1 TO: Linda Lewis And Noelle Lutheran AA remad City' CCM Division of Water QN9 FROM: Doug Huggett Major Permit Coordinator SUBJECT: CAMA Permit Application Review Applicant: TopsA*l Island Historical Cultural Arts Council Project Location: 720 Carolina Blvd., adjacent to Banks Channel/Topsail Sound, in Topsail Beach, Pender Co. - Proposed Project: The Applicant proposes to extend existing dock waterward 9' and expand dock to a 6'x 125' floating dock,the northern 25' section of the floating dock would be 10' wide,six 3- piling clusters for mooring, and one single mooring piling. The Applicant is proposing Please indicate below your agency's position or viewpoint on the proposed project and return this form. by May 4, 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 DATE 41—I¢-05 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer-50%Recycled\10%Post Consumer Paper A� NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary April 6, 2005 FAX: 910-270-9315 2 Pages Topsail Voice Legal Advertisement Section US Hwy 17 Hampstead, North Carolina 28443 Re: Public Notice - Topsail Island Historical Cultural Arts Council Gentlemen: Please publish the attached Notice in the Wednesday, April 13, 2005 issue. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and a copy of the invoice to Jaye Poole, Division of Coastal Management, 1638 Mail Service Center, Raleigh, North Carolina 27699-1638. Please also send the original invoice and a copy of the affidavit to DCM, 127 Cardinal Drive Extension, Wilmington, NC 28405. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. s Sincerely Beverly Riven ark, Coastal Mana e e Admi . Assistant 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 March 10, 2005. According to said application, Topsail Island Historical Cultural Arts, proposes to extend existing dock waterward 9' and expand dock to a 6'x125' floating dock, the northern 25' section of the floating dock would be 10' wide, six 3-piling clusters for mooring, and one single mooring piling. The applicant is proposing 7 slips associated with this dock, at 720 Carolina Blvd., adjacent to Banks Channel/Topsail Sound in Topsail Beach, Pender 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 4, 2005, will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F.Easley,Governor Charles S.Jones,Director William G.Ross Jr.,Secretary April 4, 2005 Topsail Island Historical Cultural Arts Council Attn: Dave Gardner,Authorized Agent 743 Cockle St. Surf City,N.C. 28445 Dear Mr. Gardner: The Division of Coastal Management hereby acknowledges that on March 10,2005,we received your completed application for State approval for the development of property located at 720 Channel Blvd,adjacent to the Banks Channel/Topsail Sound, in Topsail Beach,Pender County. The projected deadline for making a decision on your permit application is May 24,2005. 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 March 10,2005,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. Sincerely, q C, L,) � Jon W. Giles Jr. Field Representative cc: Jim Gregson,DCM District Manager Doug Huggett,DCM Ted Tyndall,DCM Henry Wicker, COE James Canady,LPO owl I...ti aq AMA Pg:= RMIT APPLIED � F 20-1. OJECT: L-� ' C'�AJ ~ .0! f �1 c : r: •fir. ACCEPTED THROUGH COMMENTS ACG j FOR MO DETAILS CONTACT A PI LCANT: THE LOCAL PERMIT OFFICER BELOW: . 4 DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM Name of Individual Applying For Permit: _ D4VJ f'I'), 6&'�e- Address of Property: 7 Z 0 Chaim 6 l 51vJ (Lot or Street #, Street or Road) 101754 Re :,`17 19e,;�7 (City and County) I hereby certify that I own property adjacent to the above-referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawing, with dimensions, should be provided with this letter. _JZ ave no objections to this proposal. 5 If you have objections to what is being proposed, please write the Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405 or call 910-395-3900 within 10 days of receipt of this notice. No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater, boat house or boat lift must be set bck a minimum distance of 15' from my area of riparian access - unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requireme �d[ aft F�c 11 4 COq S Tp��vjs/O ign Name Date MgNq�� Print Namer =fir_ cTf a 32 Zzs 3 NCDENR Telephone Number with Area Code NOR C�0UH.oEp�EM OF S:\camalshells\riparianproperty. ENVIRONMENT. 0N.vUn RE5owRces frrri DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM Name of Individual Applying For Permit: D4 C/ �qy0/7 ,_ Address of Property: 720 Cha nl? l Q/vc/ (Lot or Street #, Street or Road) ��wsall 13ea cj, pco'?A� (City and County) I hereby certify that I own property adjacent to the above-referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawing, with dimensions, should be provided with this letter. I have no objections to this proposal. osal. S Slaw J p p If you have objections to what is being proposed, please write the Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405 or call 910-395-3900 within 10 days of receipt of this notice. No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater, boat house or boat lift must be set bck a minimum distance of 15' from my area of riparian access - unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. —�2-� I do not wish to waive the 15' setback requireme 0,31vg FES y ?DOS TAC M oN of - cpAS NgGFME Sign Name Date NT r 14L L.,E-7j, Print Name • ER Telephone Number with Area Code ',.,�CD7,\a, S:\cama\shells\riparianproperty.frm ENVIRoII WD NITL —RG oO .cE5 J.J.J t-'!rOtlr{ t_:I f MI_l.'.,1_.I♦" j)EE FFB 1 y �5 i FILED ( akv/S/0n/ T g..... '95 tlU;d 29 PR! '1 30 lot ONUR A ARt&L CSTATi PIT ���-- 't*t'*r'ft*-S'0•r'60 {912'D I ..� — ttrferdlnir Tlmh Duo&ran"Para Tex L-ot No,__. ... ,. . .,.,...,..,.,...».._........»»,.,,...,..»...»..�.,......._.».»Ynrtl Identifier 4r,.....,..,.�.,__..•....,»..,,.. ,_...,... ................_....,,,..,,» vtrilled by `fit (.,.. .,..__._.._........,_..,.,.....»......_. »...feunlY ran tLr _..._..»....AnY of »....�,.,...,.,.. 19........w.. by )fail Artcr recording lo,+rnrepe ..................... ........... ..........».»,».............»......, ».,,».,...»._.. ._.»—.. ,_.» »,».» .^.._,. .._..__»,,»,,...........»..,...... »».._ _..� This Inatrulnenl waa prepared lty,=hr»ti uilt►Id, I3g s!,�Iip ■ Ofi)rer Ot TOaagntn,{yh k^c,2760Y_tvlene�s sltl. ■e*relil Urlef deacriptlon fllr the Indrs , ROR»t'I1 C:11ItiOl_11`1A GI;N 1 R A L WAF"RANTY DF IF,1) TMl9 LE);D muds by t:nd bietweep I CRA> it CRArrrEf �_ 1 Goaatal Faderal Credit union Topsail Beach leanomic ! Devalopren� Cuunell, Inc. (formcrl} ZIShI Cone�.,,1 Employees Faderai Crotllt Unign) I i I Cuter le.hpraprlate alsek r.,earA Pplr: h.mr,Adar,■■,And,if.rrr=r�t W,, rN.r.rt.r.r.nlll r,•.a,en•■rrA,len a,p.rMrnh:p. Tbt deelRnnlion (:rnptnr Ulld t:r.nlse n3 unwl harntn nhnll Mcletic enid onrlice, :halt helra, �JCCeilaoral end AldiKM. I', I th►II Include pirigular, piurnl, rnAeculibo, felninhte hr neuter na regplrgd by epnteal. 1 WITN$BSETl1, that tilt! Crnnt.or, fur n valunitie conAldcrnlipn I Acknowledged. trap L nnld hg the C unto L. the hev I of which h II the i } nhtl L;' theda pre><Rnts dote grnnl. bnrKnln, aril and convoy unlo th! Crnatce in ier simple, III that certain lot ur parcel if Irma Ailllnted In the City uf...._... ]oQ�Rll,tivach Tow.h1p. ••. (ouiltp.north t'nrvdllut;Ind nwro pnrtlrulnrly doscrlbed nd follntva: BSINI: all Ot LOta 1S, 16, 17, and le in W oak 9 and Lots 9, 10 C. 11 in RlO" 9 pF 9ubdiviaion known Re New Tdpaail Reach, North Caroline, es shown on A nap zecorded in Mar Book 3 at Page 56 of the Ragistry of pandac eountyt Save and except _ha property pravlouply cenvnYeq to Gn>y E, Sunderland deacrlbod ao follow@# DEG1t1NINC at a point, balnq the Seuthaaot #•Omer of Loh 19 &MO Chnnnol eouleverd,"Alenq the line of Lot 10, North 40 degreea 30 mint,teB Wa.i R2.%2 foot to a point along !Aa wyl wall of I Topsail Smund) ttnence wittt the aaa wnl.l, March 10 degraoo 20 m'nutee Eaet 19.90 fast To an existing nail on the sea wallt tl3onc. South 40 degroon :311 mtnuFos East 109.77 feet to Poincl thence ilong :hnnnol BOUlavard, South 49 dograeo 10 midutea Weer .a !eat to the point i end place of DEOINNING, Aveordlnq to plat entitled, "Plot Plan For Topeal: Roach Dnn:115MLC Dsvelepmont Counell,', dAcad May 11, 1995, and drawn by Pan". Horace Thompoonr Reglatorad :end 3u;Veyerr to vitiell plat io hereby rnrac'eneed far a morn pert:icular dnocripklnn of pemo. ' )In Lra,':d rn.1 L'.V.1 t1 s^i ..Asir oS uswdaCiF sT of BrA tr gw� P.Parade!Gal>oa9j t �4 NU C INA REAL C9TATr NOR AA llNJL NokY LINA RFAL a.TA r T6 aKA.COTATE Gs N•C. Ras Aasocistiari Form Me. L.3, 9 1979, RoViesd ° 1977 `l flit.{gyArl raw h..t..A.nera,.d Ialatr Ar, �.}�1 •'y� Mo n. E. a.,Ap.rtltl.A"Atw. i Rci F VRO I co',S D/V/s/ q� 4f OF A Book 7�9, Pwga 14a 'tits property hhrelnabova dedcrl4ad x'aa aefiuired by Grantor by inatrement roenrdnd In ... ••• - Nr A map showing the Aadve{Itncrihed pr•Iperiy it roc"rdwf In 'V TO HAYS ANI)TO MOLD the Afaredadd lai or pwrecl of Innd and all prlv;'egea Arid appurtanl.ncits thorhtn balouelrtj the Grantee in fea IIfm11c. Mai the Grantor cnpan,inLn wlih the Cranler. Uint Cromer In nelized of tan nrrmlAne In rr•r Almpic,hits thh right to eonveY the dArne In fee pimple, that title iR mArketellle and !rote And Clear or All eneuntbrance.,end that Grnntar•will wFirant■hd defend the Lille Arnln AL the iha'flll elniMA of all pdratlnfi whenliwavar exrapt for the a.ceapl'nn4 herAnafter stated. Tillie to the pr„pert} hrrehlnhuvn dehvrSh,,,j iA Aubject to the rullm"I"Ir catci'lGr..A; Eaalrmentd wnU RoutrlGtiona Of rlfG�ord. 1995 AU vwlotom tpXaa. I ' 11e ,YITMrAF WIIRRRor. 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