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HomeMy WebLinkAbout162-05 Wright Smith dba/WD-42, LLC 1 rit Class Permit Number 162-OS STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission erYutt copy for t� X Major Development in an Area of Environmental Conce'rii-' pursuant to NCGS 113A-118 i NOV 0 2 2005 Excavation and/or filling pursuant to NCGS 113-229 Morehe�.6 ;��:Y Issued to Wright Smith dba/WD-42,LLC, 6800 Wrightsville Avenue Suite-10,Wilmington,NC 28403 Authorizing development in New Hanover County at adj. Myrtle Grove Sound,272 Shannon Drive, Wilmington , as requested in the permittee's application dated8/1/o5(MP-1 &MP-4)& 7/20/05 (MP-3), including the attached workplan drawings(5),2 dated 8/2/05,2 dated revised 8/1/05,and 1 dated 6/30/05 This permit,issued on October 26, 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) This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non-water dependent uses of structures may be conducted on, in or over public trust waters without permit modification. 2) All material resulting from the removal of the existing piers shall be placed in an approved upland disposal site. (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 All personnel when the project is inspected for compliance. �- COharles 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 :�;7 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Signature of Permittee Management Program. rmoo-�ax�c�,�x-Nrwao-ato-sarrwooa;o-}o-aaa;�o-xo-arrro-mo-rx.�»s��aa•ca+.r;wt�ro-o-ao-a-t¢r;w,o-aaa,*aao-o-oa, tio-wcaa•:+Hw+ao-oo-ao-o-c�c-e�w�.a�o-aaaaacJ.aac, Wright Smith dba/WD-42,LLC Permit#162-05 Page 2 of 4 ADDITIONAL CONDITIONS 3) No e h Bated or untreated, shall be discharged at any time from any boats using the doc�g1ewage discharge at the docking facility shall be considered a violation of this permit for whic the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 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) 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. 7) 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. 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. 9) Any portion of the permitted access pier and docking facilities built over coastal wetlands shall not exceed six feet in width and shall be elevated a minimum of three feet over the wetland substrate as measured from the bottom of the decking. 10) 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 to the north. Should the adjacent property to the south 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. 11) An as-built survey shall be performed on the docking facility, and copies of the survey shall be provided to the U.S. Army Corp. of Engineers and the Division of Coastal Management, within 60 days of completion of construction. 12) 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 authorized facility may require that the permittee undertake remedial actions to remedy the situation. Such actions may include, but are not limited to, the removal of any unauthorized slips or mitigative measures to reduce or eliminate the cause(s) of the closure. 13) This permit authorizes a maximum of(6) six boat slips. Wright Smith dba/WD-42,LLC Permit#162-05 Page 3 of 4 ADDITIONAL CONDITIONS Highp,round Deck 14) No more than 200 square feet of the permitted highground deck shall be located within 30 feet of the normal high water line(NHWL). Those portions of the deck that are located within 30 feet of the NHWL shall be slatted, wooden, elevated and unroofed. 15) No portion of the authorized 20' X 20' highground deck shall be constructed over any vegetated wetlands. Sedimentation and Erosion Control NOTE: An Erosion and Sedimentation Control Plan shall be required for this project. This plan shall be filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this plan to the Department of Environment and Natural Resources, Land Quality Section, 127 Cardinal Drive Extension,Wilmington, NC 28405 16) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands,watercourses and property(e.g. silt fence, diversion swales or berms, etc.) Upland Development 17) This permit authorizes only the land disturbing activities associated with the development of the (3) three condominium units, all as expressly and specifically set forth in the attached permit application and workplan drawings. Any additional land disturbing activities and/or construction shall require a modification of this permit. Stormwater Management 18) The N.C. Division of Water Quality approved this project under stormwater management rules of the Environmental Management Commission under Stormwater Permit No. SW8050616 on 7/13/05. Any violation of the permit approved by the DWQ will be considered a violation of this CAMA permit. General 19) No vegetated wetlands or open water areas shall be excavated or filled, even temporarily, without permit modification. 20) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee 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. i^cP4f^0¢tiai4:-Y14+,{-0::45^'�r'�h}}}9^}G�044{yj-0Cti-:-09-0C-04J+6{}64S:aiD4-0M"+4-0-0}}h6i�r7-0-}{'.-0{.}y.}.ypq-00-0^}};+.4?J:-0'C-}4°0}.,s}W,y-0bF}7}C49-04°C-v}44:F.d^a44-0{44P:4PJ Wright Smith dba/WD-42, LLC Permit#162-05 Page 4 of 4 ADDITIONAL CONDITIONS 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. NOTE: The N.C. Division of Water Quality has assigned the proposed project DWQ Project No. 051599. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No. 197800056 (COE Action Id. No. 200501142)which was issued on 8/25/05. FqCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G.Ross Jr.,Secretary October 26,2005 Mr.Wright Smith dba WD42,LLC 6800 Wrightsville Avenue Suite 10 Wilmington,NC 28403 Dear Mr. Smith The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. Please sign both the original (buff- colored form) and the Xerox stamped"Copy". Return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below.Please retain the original (buff-colored form),as it must be available on site when the project is inspected for compliance. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A- 121.1 or 113-229.Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty(20)days,the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance require additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it is to your benefit to be sure that he fully understands all permit requirements. From time to time,Department personnel will visit the project site.To facilitate this review,we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas,you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Sincerely, V �1 Dougeas . Huggett Major Permits and Consistency Manager Enclosure 400 Commerce Avenue, Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet:www.nccoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer-50%Recycled 110%Post Consumer Paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Wright Smith (Shannon Pointe) 2. LOCATION OF PROJECT SITE: 272 Shannon Dr., adjacent to the AIWW, in Myrtle Grove Sound, in New Hanover County. Photo Index - 2000: 21-263: P-R, 16 1989: 4-178-21: G-I,16 1978: 16-262 : K- M, 11 State Plane Coordinates - X: 2342132 Y: 137500 GPS - 0-081113A 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 8/11/05 Was Applicant Present - Yes (agent) 5. PROCESSING PROCEDURE: Application Received - 8/3/05 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Wilmington/New Hanover Co. Land Classification From LUP - Resource Protection (B) AEC(s) Involved: OR, EW, ES,PT Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - County Sewer Planned - None (F) Type of Structures: Existing - Residence with detached garage, private pier, floater and boatlift Planned - Additional boatlifts, platform, finger piers, boatlifts, pergola and three (3) condominiums (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (Shaded) (B) Non-Vegetated Wetlands (Open water) 1,538 sq. ft. (Inco orated) r(C) Other (Highground) 12,451.7 sq. ft. (D) Total Area Disturbed: 13,990 sq. ft. (.32 acres) (E) Primary Nursery Area: Yes (F) Water Classification: SA-ORW Open: Yes 8. PROJECT SUMMARY: The applicant proposes to recombine property to create a small subdivision with construction of three (3) condominium units, elevated platform (pergola) and to convert an existing pier facility into a 6 vessel community dock. Smith Page 2 0 9. PROJECT DESCRIPTION: y� The project site is located at 172 Shannon Dr., adjacent to the AIWW/Masonboro Sound, in New Hanover County. To locate the property traveling south from US HWY 421, turn left onto Piner Road and continue for approximately 1 mile until you come to Myrtle Grove Road. Turn right on Myrtle Grove Road and continue heading south approximately 1.5 miles. Turn left onto Shannon Dr. and head east approximately 1.3 miles until the road dead ends. The property of interest will be on the right. There is a hard surface road located on the northern boundary of the property and an existing unimproved private road along the southern boundary. The 1.14 acre (approximately 49,767 sq. ft.) lot averages 6 feet above mean sea level and the linear dimension of the shoreline is approximately 115 feet. At present there is an existing residence with pier located on the property and also a detached 3-car garage. The applicant has recently relocated a two story dwelling off of the property to an adjacent property through a CAMA Minor Development Permit with New Hanover County. The dimensions of the existing residence is approximately 81' x 40' and the detached garage is approximately 30' x 40' (1297.8 sq.ft.). The existing fixed pier is approximately 150' in length and has an approximately 20' x 20' platform at the terminus. There is a floating dock on the south side of the platform and a boatlift on the north side of the fixed pier. Two boat slips are provided by these two features. Upland vegetation is primarily Oak Trees with lawn grasses and landscape shrubs. Waterward of the upland vegetation, the property transitions into an area of high marsh, vegetated predominately with Spike Grass (Distichlis s ip cats) on the south end of the property. Further waterward the marsh becomes intermixed with other high marsh species including Sea Oxeye (,Borrichia frutescens), Salt Meadow Grass (Spartina patens), Black Needle Rush Quncus roemarianus), Marsh Elder (Iva frutescens) and Fragmites spp. The high marsh transitions into low marsh primarily consisting of Smooth Cordgrass (Spartina alterniflora), in a band approximately 50 feet in width. In the project area, the waters are classified as SA-ORW (Outstanding Resource Waters), by the NC Division of Water Quality, and they are OPEN to the harvest of shellfish. These waters are designated as Primary Nursery Area (PNA), by the NC Division of Marine Fisheries. New Hanover County also requires a 75' Conservation Overlay District (COD) for this property. PROPOSED PROJECT: The applicant proposes to recombine the property into a small subdivision with construction of three (3) single family elevated condominiums units, elevated platform (pergola) and to covert an existing pier facility into a 6 vessel community dock into the AIWW/Masonboro Sound. The applicant proposes to construct three single family, single story, elevated new condominiums: Building 3 (Unit A) and Buildings 1 and 2 (Units "C" and "B"). Unit "A" would be constructed on the existing footprint of the house that was recently relocated off the property, located approximately 250' landward of Normal High Water (NHW). Units "C" and "B" would be constructed between Unit "A" and the 75' Conservation Overlay setback on the eastern boundary of the property, approximately 100' landward of Normal High Water (NHW). Unit "A" dimensions would be approximately 50' x 60' (3015.37 sq. ft.). Units "B" and "C" dimensions would each be approximately 32' x 50' (1797.6 sq. ft.). The three proposed buildings would not exceed the New Hanover County Zoning 35' height limitation. Associated parking for the three units would be provided adjacent to each of the units. Unit "A" would have a parking pad dimension of approximately 20' x 45' (900 sq. ft.). Units "B" and "C" would have parking pad dimensions of approximately 20' x 20' (400 sq. ft.) each. Driveways to these proposed parking pads would accessed from Shannon Dr. on the north and from the existing unimproved private road along the southern boundary. Additional parking would also be provided underneath the proposed units. The applicant states that the existing 3-car garage would remain as is. The area to be disturbed for the three units and the associated driveways and parking pads would be 12,451.7 sq. ft., according to the applicant's stormwater plan through the N.C. Division of Water Quality. The total built upon area within 575' Coastal Shoreline Outstanding Resource Water Area of Environmental Concern(AEC) would be 24.3 %. Smith Page 3 The applicant states that the proposed units would tie into the existing county's sewer disposal system. Water would be provided by individual wells. A proposed elevated 20' x 20' pergola(uncovered deck)would be constructed approximately 80' waterward of Units`B"and"C",which 10' x 20' (200 sq. ft.)of the structure would encroach into the Coastal Shoreline 30' setback. The applicant also proposes to convert the existing pier from a 2-slip water access facility to a 6-slip facility with boatlifts. The existing 20' x 20' L-head platform and floating dock with access ramp would be removed from the pier facility. The 150' access pier would remain and access would be connected to each of 6 boatlifts by a series of an access pier and finger piers. The proposed 5' x 60' access pier would be located on the south side of the existing access pier, approximately 24' landward of the terminus end of the pier. The access pier would run parallel to the shoreline. Two(2)3' x 24' finger piers would extend in an eastern direction from the access pier,which would be constructed 26.5' apart. These finger piers would accommodate five(5)boatlifts,two(2)between each finger pier and one(1)on the outside of the most southern finger pier. The applicant states that the existing boatlift(13.5' x 13.5')on the northern end of fixed pier would remain in place, creating a total of 6 boat slips for the proposed facility. 10. ANTICIPATED IMPACTS The proposed condominiums with associated structures built upon area would be approximately 12,451.7 sq. ft. (.28 acres) of highground. Total impervious surface coverage within the 575'Estuarine Shoreline AEC would be 24.3 %.The proposed dock would incorporate approximately 1,538 square feet of Estuarine Waters and Public Trust Area. The applicant has received a State Stormwater Permit#SW8050616, from the Division of Water Quality for the proposed upland development. Minor increases in turbidity should be expected during construction. The waterward end of these structures would be slightly landward of the alignment of the existing platform. This proposed distance would conform to the 1/4 width rule. As proposed,the applicant's proposal would not encroach into the 80 foot setback from the AIWW. Submitted by: Robb Mairs Date: 8/15/05 Office: Wilmington Recommendations for State Permit—Wright Smith(Shannon Pointe) have no objections to the proposed project. Any permit issued should include the following conditions: 1. This permit authorizes only the docks,piers,and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structures,whether floating or stationary, may become a permanent part of the structure without permit modification. No non-water dependent uses of structures may be conducted on, in,or over public trust waters without permit modification. 2. 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. 3. The authorized structure and associated activity must not cause an unacceptable interference with navigation and shall not exceed the established pierhead line. 4. 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. 5. In order to protect water quality,runoff from the construction must not visibly increase the amount of suspended sediments in adjacent waters. 6. 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. 7. 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. 8. Appropriate sedimentation and erosion control devices, measures or structures must be implemented to ensure that eroded materials do not enter adjacent wetlands,watercourses and property(e.g. silt fence, diversion swales or berms, etc.). 9. A ground cover sufficient to restrain erosion shall be provided within the shorter of 15 working or 30 calendar days of completion of any phase of grading on cut or filled slopes. 10.Any development or land disturbing activity that is considered non-water dependent is not authorized within 30 feet of the normal high water level unless specifically exempted by Coastal Resource Commission(CRC) regulations in place at the time of such development. 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. Form DCM-MF-1 APPLICATION (To be completed by all applicants) b. City, town, community or landmar W , M , w6 ri�lJ -Inl VC � 1. APPLICANT c. Street address or secondary road number 2�2 �NG��tyo�-'fl2�JC- a. Landowner: W kq'G bff<5M 1 N V y F) 4 Z I— LC d. Is proposed work within city limits or planning Q jurisdiction? Yes _�, No Address �c 00. 6 T s V1l,t,E ✓i 'Suare.. to ame of body of water nearest project (e.g. river, City Q)l t-M 1 NGT-0 iJ State IJ creek, round, bay) ?+ oN ,/ Mylm'rc 6p.oVt` So N� Zip Z i Day Phone 110 �54 -1gQ2 Fax y(a 2 St!o 'to5.2 h 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT b. Authorized Agent: Name C . TZ0f3,G—rt-T 9Tncti-0 f�1' a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead,pier, and excavation and/or filling activities. Address 4101S CArQ10UNA Bf&ff D �RFrnoVE ANy REPL'ALr-- rr-x�,%nAx. ' ' l tZF S t C*-+-►c-is - A y g '1 w o rV E� City w I t-M IN OT ^) State N L F*5 UD -7-c&5 CpN JILT P119. 'TA A fp 00ArT tr1FT FAc il.-IT'S/ Zip 1'4 9 Day Phone 91 o 'y b. Is the proposed activity maintenance of an existing //��,�1( project, new work, or both? 15 0- -�f �sx 91 � 5 20 -72? � c. Will the project be for public,private or commercial c. Project name Cif any) S(AAN1a o t nTE use? _ -F 0,)0A TE d. Give a brief description of purpose,use,methods of construction and daily operations of proposed N07F. Pemrir wit!be iaswd in nww of /j1, widlor project. If more space is needed, please attach additional�kd�. pages. 2. LOCATION OF PROPOSED PROJECT a. County JUL 2 0 2005 AUG 0 5 2005 Revised 03195 DIVISION OF COASTAL MANAGEMENT Form DCM-MP-1 m. Describe existing wastewater treatment facilities. 4. LAND AND WATER C LDU N E 5& WE-2 CHARACTERISTICS a. Size of entire tract 1+ Q[.re S M. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary b. Sue of individual lot04 I - ILA QC,fe-S wastewater, industrial/commercial effluent, "wash down" and residential discharges.) c. Approximate elevation of tract above MHW or NWL d. Soil type(s) and texture(s) of tract o. Describe existing drinking water supply source. e. Vegetation on tract tr PryJ� OVER +41ylk6r1od4,1r> — C�pr,Tr4�- �f T�-o►NDS A%,oNo 5t140*L"- L lNF f. Man-made features now on tract 1' S. ADDITIONAL INFORMATION g. What is the CAMA Land Use Plan land In addition to the completed application form, the classification of the site? (cortaatr d e local knd use pim,.) following items must be submitted: Conservation Transitional Community • A copy of the deed (with state application only) or Developed Rural Community Othe 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 R - 15 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? .Z Yes No (Anal,zooming compliance ae.,ificxe, lappambte) • 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 II' white paper. (Refer to done for the tract? Yes _2_1- No Coastal Resources Commission Rule 7J.0203 for a If yes, by whom? Y1T/� detailed description.) k. Is the project located in a National Registered Plem 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 --A_ No adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of 1. Are there wetlands on the site? ri Yes No Engineers regarding that agency's use of larger Coastal (marsh) A_ 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 di doarnKntarion, if a.nilableJ azenraLDersonnel unfamiliar with the area to the (Ana DECEfTE ��( IVI WILMINr.TrrV, ;• dC, JUL 2 A 2005 4UG U 5 ?Op_5 Revised 03/95 DIVISION OF COASTAL MANAGEMENT Form DCM-MP-1 � Describe existing wastewater treatment facilities. 4. LAND AND WATER CHARACTERISTICS AUG 0 3 2005 DIVISION OF Describe location and a of discharges to waters a. Size of entire tract rr n n cTn i nn o N n r_E M EDIT g of the state. (For example, surface runoff, sanitary b. Size of individual lot(s) wastewater, industrial/commercial effluent, "wash down" and resideptial discharges.) c. Approximate elevation of tract above MHW or NWL d. Soil type(s) and texture(s) of tract o. Describe existing drinking water supply source. e. Vegetation on tract 1 L Man-made features now on tract 5. ADDITIONAL INFORMATION y p g. What is the CAMA Land Use Plan land In addition to the completed application form, the classification of the site? (consutt the locol land use plan.) following items must be submitted: N Conservation Transitional d 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 i forward a copy of the deed or other instrument under which the owner claims title, plus written permission i. Is the proposed project consistent with the applicable from the owner to carry out the project. zoning? Yes No (Attach Zoning compliance 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 I I" white paper. (Refer to done for the 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 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) ° Pc Other drawings.) A site or location map is a part of plat If yes, has a delineation been conducted? ..Vec, requirements and it must be sufficiently detailed to (Attach docttnentadon, if available) Sot Ve-Jf C7 M A F(v-s guide agency personnel unfamiliar with the area to the A U G 0 5 2005 Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND • A Stormwater Certification, if one is necessary. • A list of the names and complete addresses of the I understand that any permit issued in response to this adjacent waterfront (riparian) landowners and application will allow only the development described in signed return receipts as proof that such owners the application. The project will be subject to conditions have received a copy of the application and plats and restrictions contained in the permit. by certified mail. Such landowners must be advised that they have 30 days in which to submit comments I certify that to the best of my knowledge, the proposed 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 P41Z Imes Eft( f'A 9LI24s 1 certify that I am authorized to grant, and do in fact, Address 2 73 S hav►nai^ pr- �tMi�nrJ Mc ttya'%grant permission to representatives of state and federal Phone q 1 o 7 Q &3 34 review agencies to enter on the aforementioned lands in connection with evaluating information related to this Name A Q T H0AAas R S w+ IrH permit application and follow-up monitoring of the Address Iy 09AmArau Dt-btvNK veLta NeI070$project. Phone A 14 9 61 11 (04 I further certify that the information provided in this Name application is truthful to the best of my knowledge. Address Phone This is the Z day of • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, Print Name 14/0607 Slr/s70 permittee, and issuing dates. � Signature Iardowner A.&,,iZed Ag ct±_ yr�h e,r o s - 0 3 9 yEv«e d h - z o - ��- .Tv► �Y 2D� • A check for$250 made payable to the Department of Please indicate attactfinents 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. A DCM MP-3 Upland Development • A signed AEC hazard notice for projects in S— DCM MP-4 Structures Information DCM MP-5 Bridges and Culverts oceanfront and inlet areas. _ DCM MP-6 Marina Development • A statement of compliance with the N.C. NOTE: Please sign and date each attachment in the Environmental Policy Act (N.C.G.S. 113A - 1 to 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 ECEHVE documenting compliance with the North Carolina DCM r " Environmental Policy Act. M WILMINGTON NC JUL 2 0 2005 AUG 0 5 2005 DIVISION OF Revised 03/95 COASTAL MANAGEMENT Form DCM-MP-1 ECEIV] �n I I D site. Include highway or s ary PF2005 numbers, landmarks, and the lik l 6� MI ERTWICATION AND PERSSION DIVISION OF TO ENTER ON LAND • A Stormwater Certification, if 6iW1 ecWeJsarY A N AG E M E f • A list of the names and complete addresses of the I understand that any permit issued in response to this adjacent waterfront (riparian) landowners and application will allow only the development described in signed return receipts as proof that such owners the application. The project will be subject to conditions have received a copy of the application and plats and restrictions contained in the permit. by certified mail. Such landowners must be advised that they have 30 days in which to submit comments I certify that to the best of my knowledge, the proposed 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 ha`sf been provided. conducted in a manner consistent with such program. Name � co)r I certify that I am authorized to grant, and do in fact, Address grant permission to representatives of state and federal Phone review agencies to enter on the aforementioned lands in n connection with evaluating information related to this Name permit application and follow-up monitoring of the Address project. Phone I further certify that the information provided in this Name application is truthful to the best of my knowledge. Address Phone 2®os� �tX�uST • A list of previous state or federal permits issued for This is the day of ,43 . work on the project tract. Include permit numbers, Print Name permittee, and issuing dates. Signature LA downer 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. �z DCM MP-3 Upland Development DCM MP-4 Structures Information ^^ rt/zoos' • 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 Ad (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 UC M������ � documenting compliance with the North Carolina W�IMPNGTQN NC Environmental Policy Act. 4UG 0 5 _ ?00.5 Form DCM-MP-3 RECEIVE DCM WILMINGTON, NC UPLANDAUG 0 5 2005 1.1 V E DEVELOP-- -M-ENT YJL z o 2005 (Construction and/or land disturbing activities) DIVISION OF COAS"IAL. MANAGEMENT Attach this form to Joint Application for CAMA Major h. Projects that require a CAMA Major Development Permit, Form DCM-MP-L Be sure to complete all Permit may also require a Stormwater Certification. other sections of the Joint Application that relate to this Has a site development plan been submitted to the proposed project. Division of Environmental Management for review? _ Yes No a. Type and number of buildings, facilities, units or If yes, date submitted SU 4 1&2cac2.a" structures proposed 3 C0`A AC>V%%"\%1MS i SSJed Tu ( y 1 'j r C •�' 12I U s x IS+1^ ac hed Cjura4e i. Describe proposed nfethod of sewage disposal. C0J Nr4 SrE W+E0 b. Number of lots or parcels j. Have the facilities described in Item i. above c. Density(give the number o residential units and the received state or local approval? 5 units per acre) '3 ACRE 'F (A=ch appropriwe documentation) k. Describe location and type of proposed discharges to d. Size of area to be graded, filled r isturbed waters of the state (for example, surface runoff, including roads, ditches, etc. .Fa sanitary wastewater, industrial/commercial effluent, rabylA twtai CQ4J 'wash do wp" and residential discharges). _ 1AA e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land disturbing activity begins. 1. Describe proposed drinking water supply source If applicable, has a sedimentation and erosion (e.g. well, community, public system, etc.) control plan been bm' ed to the Division of Land \h)Q%1 ►3 42 Resources? Yes No If yes, date subrhitted m. Will water be impounded? Yes 7- No If yes, how many acres? f. List the materials (such as marl, paver stone, asphalt, or concr e) to be used for paved surfaces. n. If the project is a oceanfront developmen when, s Dh�-1i • C ohC re.-} �-� was the lot(s) platted and recorded? V\ WD-42 uc - WRI6 1 c mi" g. Give the percentage of the tract within 75 feet of Applicaw or Project Name MHW or NVL., or within 575 feet in the case of an Outstanding Resource Water, to be covered by Segnat impervious and/or built-upon surfaces, such as pavement, buildings, rooftops, or to be used for Date driveways or parking. 2-4v 4 j lej Jvt y 20, Zva S Revised 03/95 MoptFIF-D M12- 4 Form DCM-MP4 of /`3) �1)/ (5 R STUCTURES aCIV► WILM NCT�N (Construction within Public Trust Areas) , NC A 0 0 0 5 2005 Attach this form to Joint Application for CAMA Major e. Mooring buoys h l Permit, Form DCM-MP-I. Be sure to complete all (1) _ Commercial _Community—Private other sections of the Joint Application which relate to (2) Number this proposed project. (3) Description of buoy (Color, inscription, size, anchor, etc.) a. Dock(s) and/or Pier(s) (1) _ Commercial _Community I Private (2) Number I (3) Length 15 (4) Width of water body (4) Width ' (5) Distance buoy(s) to be placed beyond (5) Finger Piers X Yes No shoreline (i) Number 22 (ii) Length 24 ' f. Mooring structure (boatlift, mooring pilings, etc.) (iii) Width 31 (1) _ Commercial _Community X Private (6) Platform(s) _ Yes No (2) Number (i) Number 1 (3) Length (ii) Length �pO 14- (4) Width 1�,•5 ` iii Width 5 (7) Number of slips proposed Cv g. Other (Give conplete descripaon) (8) Proximity of structure to adjacent riparian property lines N 7 (9) Width of water body vrk�t, c� (10) Water depth at waterward end of pier at MLW or NWL sec Or 15w�aQ b. Boathouse (including covered lifts) 'n/A VV 4 2 LAC (1) 4 Commercial Private t�I (2) Length NgNv r0 N PC(N TE -V`�21 G 0 f T l-( (3) Width App5mi or ti�4kd Name C- 4 c. Groin (e.g. wood, sheetpile, etc.) Y\f/-z sip*h" (1) Number UCH�N 2 o o S-- (2) Length(s) Date d. Breakwater (e.g. wood, sheetpile, etc.)Y) (1) Length (2) Average distance from MHW, NWL or � V wetlands E 7 E (3) Maximum distance beyond MHW, NWL or wetlands AUG 0 3 2005 DIVISION OF COASTAL MANAGEMENT ------------------------------- EXISTING PIER TO REMAIN 85' TO EDGE OF AIWW 90' CHANNEL 13.5' 26.5t 3' 26.5t 13'1 1 . ' EXISTING PIERHEAD LINE is (PTIYPP p p bs � I 17' I IBA 1 UFTA 2 UFTA 3 LBIFTA 4 UFT-5 y UFT-6 0 I IiS of 15' 2' q' t CLEAR ,`tip I 5'x6f FIXED ACCESS 300 SF i I l �1 X� KO lA I a7�PPh Na2Nw� Low w1AT1&Q / CM WWMING'TON, NC AU 0 5 2005 x EDGE MARSH SS i yc I COASTAL WETLANDS I � AU I 0 3 2005 DIVIISION OF COASTAL) MANAGEMENT � .tic t-,I►N 9 W P�9 �x'�n�T oP cohSTq� w ETt-�wbS [5 W& S 46E.T' 1 tw J�k%Za`5- I.P I `t �v PROP OF: I . v �r >�' �• N--�'_ � '�' Z PROP OF: � TOM SMITH 272 SHANINON DR. '�-� EXISTIN PIER 10 GRAMATAN, Cf WIL.MINGTON, N.C.wI 1414, ,v DECK EL.= +7 5 BRONXVILLE, N.Y. 28409 ? 10708 ' 4 �M/D �� 22' ELEV. +6.0 �^. , 0-1 uj (L Act a PEER AND LIFT PLAN PIER AND BOAT UFT PROJECT ELEVATIONS AND DEPTHS 20 10 0 20 FOR: WRIGHT SMITH BASED ON LOW WATER - 0.0 272 SHANNON DRIVE WILMINGTON, N.C. SCALE IN FEET DRAWN BY. WM. H WARREN A DULY 2005 SHEET 4 OF$ moOFLtG Av& I "1'005 ZWE5 1N3W39dNbW IV.L 00 AUG 2 9 2005 30 NOISIA10 - Z 500Z 0 Z ��f head Cif, oc = C Q o W 2 W a a z 0 F W W X W W 124' 30' 85' (NEW) 16' EXISTING ACCESS PIER TO REMAIN—\ DECK 6' ACCESS BOAT PILE (TYPICAL LIFT - - - - - -- -- -- - -HW=+4.0 --- — — — — ----- LW=0.0 II u BOTTOM II II II II II II II II II li II a II II PIER AND DOCK SECTION 30 15 0 30 SCALE IN FEET NOTE: ELEVATIONS AND SOUNDINGS ARE BASED ON LOW WATER = 0.0 PIER AND BOAT LIFT PROJECT FOR: WRIGHT SMITH 272 SHANNON DRIVE WILMINGTON, N.C. DRAWN BY. WM. H WARREN,JR. JUNE ,2005 SHEET50F5 3a } Typical X-Section [A A] High Ground o I $ot,'fp Scale [off-set to show relationship of construction] F, r O �� W WEST EAST U"I 00 b N zz o _C� co New residential structure rA o7 Replaced residential structure Q ( One of two ) �� O Existing garage to remain COD (75') A ❑ ❑ 1 fF-1 F-I F-I F . NHW . Pergola. A Shannon Pointe — Wright Smith 30'Bu erI_ _I modified Landward point of coastal wetlands August 1 , 2005 Sheet 3 of 5 [A range of appx. 4.5'to 75'from NHWJ EXISTING PIER TO REMAIN 85' TO EDGE OF AIWW , 90' CHANNEL 13.5' 26.5t I 3't 26.5t JYJ13.5' 1 EXISTING PIERHEAD LINE PILE � O� BOAT BOAT BOAT BOAT BOAT BOAT 17, I LIFT-1 UFT-2 LIFT-3 LIFT-4 UFT-5 N LIFT-6 (n N all o I W M CLEAR Ar 15' 2' /qw n+ ,A-0 r R �iE���� M UUILMINGT ,mooT . ON, NC ---- - -- -- _ _ - -- NOV 1 4 2005 5'x6V FIXED ACCESS m I � - i z i CI G G 4: I l=' NI x VA W 1YcrzfA011.. Low WAr60 U MI LO OI (xa. x EDGE MARSH GRASS .yt COASTAL WETLANCS AUG 0 3 2005 -- '� DIVISION Of COASTALI MANAGEME'i i � o?coh9Tiq� w ETt-,►�wbS [5Ora SHw i•° i I %v �••'---» N-NW W. PROP CC: PROP OF: t �yw �r '���1��- 1` ?I TOM SMITH LEE HARRIS g� �,� _ ~� E;�tSi7NG PIER 272 SHANNON DR. � �-�, �+ _`� w„( � 10 GRAMATAN, WtLMINGTON, N.C.w# kl Lk : .v DECK F�._ +:.-5 • BRONXVILLE, ^I " 28109 ��aA/D --�.,� . . nW 10708 C. CL w 22' =LE�1. +6.0 `- _ a. trot O z a PIER AND LIFT PLAN PIER AND BOAT LIFT FROJEi 7 ELEVATIONS AND DEPTHS FOR: WRIGHT SMITH BASED ON LOW WATER = 0.0 20 10 0 20 272 SHANNON DRIVE WILMINGTON, N.C. SCALE IN FEET DRAWN BY. WM. H WARREN, R. JULY 2005 SHEET 4 of 57 moO Fl t9 av0 1 "god$ -- MoD Wif-a Kolr 1o,Z-ovS' --- DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Wright Smith dba/WD-42, LLC County: New Hanov LOCATION OF PROJECT: 272 Shannon Drive, Myrtle Grove Sound,Newpp ty. DATE APPLICATION RECEIVED COMPLETE BY FIELD: 08/03/05 AUG 1 8 2005 FIELD RECOMMENDATION: Attached: YES To Be Forwarded:No Morehead City 0CM CONSISTENCY DETERMINATION: Attached:No To Be Forwarded: Yes FIELD REPRESENTATIVE: Robb Mairs DISTRICT OFFICE: Wilmington DISTRICT MANAGER REVIEW: i 3-- 4"s .l-le- B) DATE APPLICATION RECEIVED IN RALEIGH: pX//j/g5 FEE REC'D:$ 2i'o.C PUBLIC NOTICE REC'D: QS�5/05 END OF NOTICE DATE: J9lo9IOs ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: APPLICATION ASSIGNED TO: ON: pfI/Pl65 C) 75 DAY DEADLINE: 10_17-0S 150 DAY DEADLINE: MAIL OUT DATE: STATE DUE DATE: FEDERAL DUE DATE: FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS OBJECTIONS: NOTES RETURNED YES NO Coastal Management-Regional Representative Coastal Management- LUP Consistency Division of Community Assistance Land Quality Section 8-�"3'CJ ✓ Division of Water Quality Storm Water Management(DWQ) ?y z v �-� -Sw$ O S66 16 State Property Office Division of Archives&History Division of Environmental Health 19 3 6'OS C,b41t�r1+v�• Division of Highways g"2+oS Wildlife Resources Commission Q`1 U S Y Division.of Water Resources Division of Marine Fisheries 9-2q'o(r Submerged Lands(DMF) Lyo f Z.0_ S o.s Pzvv u l a pllo":t'6' bo4r'-5 Permit DCM Coordinator: 1NIAILING DISTRIBUTION: Permitee: Agent: DCM Field Offices: Elizab Ci Washin ton nt US Army Corps of Engineers(USACE):. Washington: Mike Bell(NCDOT) Bill Biddlecorrie(NCDOT) Raleigh Bland. Wilmington: Day .CD enry Wicke ' Others: Cultural Resources: 0di Lnon-DOT Environmental Health: Marine Fisheries: NCDOT: Shellfish Sanitation: State Property Office: Water Quality: John Hennessy(NCDOT) Water Resources: John Sutherland Wildlife Resources: Maria Tripp David Cox(NCDOT) 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) ---- Wilnungton: Dave Timpy(NCDOT) Henry Wicker(910/251-4025) CAMA Major Permit Process Manual Page 70 of 70 t 1 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary November 17, 2005 •. Mr. Wright Smith ���VC 6800 Wrightsville Ave Wilmington, NC 28403 g NOVNQ z z zoos Dear Mr. Smith: Moreh®aq City C)CM This is with reference to the request submitted by your agent, Mr. C Robert Stroud, to modify State Permit #162-05, which was issued on 10/26/05 and expires on 12/31/08 to Wright Smith dba/WD-42, LLC. The action proposed in your submittal consists of modifying the 5'x 60' "L-head" platform by shifting it's location approximately 6' landward of the permitted location along with the shift in the two finger piers with this feature. The agent states that there would be no change in the total platform square footage dimensions as a result of this modification request and that all other aspects of the project would remain as permitted. Upon review of the proposed plat submittal, I, in conjunction with Doug Huggett with the Division of Coastal Management Permitting Section, have determined that the proposed action is consistent with existing State rules and regulations and is in keeping with the original purpose and intent of the permit. I hereby submit this Letter of Refinement authorizing the modification of State Permit #162- 05, as described in your transmittal letter and plans dated 11110105, which was received in our office on 11/14/05. Sincerely&�4 M Henry Wicker, USACE 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-796-7215\Fax: 910-395-3964\Internet: http://www.coastalmanagement.net An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper 4 . " r.NVI KOI N I=OKMATION 48 15 Carolina F)each Road Wilmington,NC 28412 E_-mail:fefeponcho@eartkhnk.nct HOME 910--799-4536 CELL 910-520-7272 RECEIVED November 10, 2005 DCM WILMINGTON, NC NOV 1 4 2005 Mr. Rob Mairs NC Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 Dear Mr. Mairs: My client, Mr. Wright Smith, has asked me to submit a request for a Letter of Refinement to State Permit #162-05 issued on October 26, 2005 and expiring on December 31, 2008. The permit was issued to Wright Smith dba/WD-42, LLC. The proposed change in the existing project involves the shifting of the 5' x 60"'L" approxi- mately 6' landward of the permitted location along with the shift in the two finger piers asso- ciated with this feature. I am enclosing a modification to the Pier and Lift Plan (sheet 4 of 5) dated November 10, 2005. There will be no change in the total platform square footage di- mensions as a result of this modification. All other aspects of the project will remain as per- mitted. I have discussed this modification with 1. Gregson, in your absence, on a recent visit to the WiRO and his opinion was that the proposed change is a candidate for the requested action . Would you please provide the appropriate USACE representative with a copy of this request? If there are questions or if I may be of any other assistance in this matter, please advise. Sincerely, 0, UL� az'� C Robert Stroud Jr Consultant Cc: Wright Smith MEMORANDUM To: Jonathan Howell From: Mike Christenbury, District Planner Subject: Consistency Determination,Major Permit Application, 272 Shannon Drive, adjacent to the AIWW, Myrtle Grove Sound—New Hanover County Date: September 23, 2005 The applicant proposes to recombine property to create a small subdivision with construction of three (3)condominium units, elevated platform(pergola) and to convert an existing pier facility into a 6 vessel dock. Areas of Environmental Concern (AEC's)impacted by the proposal are ES, OR, EW, and PT. The Waters at the project site are classified as SA-ORW and are open to the harvesting of shellfish. The area is a Primary Nursery Area. I have reviewed this proposal for consistency with the 1999 Wilmington-New Hanover County CAMA Land Use Plan and offer the following comments. The general area of the project is classified as Resource Protection. In general, Wilmington-New Hanover County allows development in Resource Protection classified AECs which is consistent with the State's minimum use standards. The Wilmington-New Hanover County Land Use Plan contains some policies which exceed the State's minimum use standards, including those for marinas. The Wilmington-New Hanover Land Use Plan states that"Marinas shall not be allowed in Primary Nursery Areas (PNA's), Outstanding Resource Waters (ORW), or open Shellfishing Waters (SA), except within the unincorporated County where this limitation only applies to commercial Marinas." This project is located in the unincorporated County. Provided all local, state and federal requirements can be met,and provided no commercial activity takes place as defined as a commercial marina on page 90 of the 1999 Wilmington-New Hanover County Land Use Plan,this project appears to be consistent with the 1999 Wilmington-New Hanover County Land Use Plan Update Cc: Jim Gregson, DCM Robb Mairs, DCM John Thayer, DCM Ted Tyndall, DCM Chris O'Keefe, New Hanover County NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F.Easley, Governor Charles S. Jone T, DNOMrin R6 Jr., Secretary K 0 August 16, 2005 SFP 2 9 2005 MEMORANDUM: J !� Moreneau city Linda Lewis CEIVED TO: Al1G and Noelle Lutheran 1 6 2005 Division of Water Quality B�,: is FROM: Doug Huggett, Major Permits Coordinator SUBJECT: CAMA &Dredge and Fill Permit Application Review Applicant: Wright Smith dba WD-42, LLC, Shannon Pointe Project Location: 272 Shannon Drive,adjacent to the AIWW,in Myrtle Grove Sound.New Hanover County. Proposed Project: The Applicant proposes to recombine property to create a small subdivision with construction of three (3) condominium units, elevated platform (pergola) and to convert an existing pier facility into a 6 vessel community dock. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 9, 2005. If you have any questions regarding the proposed project, please contact Robb -lairs at (910) 796-7291, when appropriate, in-depth comments with supporting data is requested. 1Ub you �►� 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 DATEI 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-7215\FAX: 910-395-3964\Internet: www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper X NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Mcn el F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary �3G S0 August 16, 2005 1 L i MEMORANDUM: tr,�`i/ '. , D TO: Linda Lewis I and Noelle Lutheran r1JG . 7 2005 Division of Water Quality BY:` FROM: Doug Huggett, Major Permits Coordinator SUBJECT: CAMA & Dredge and Fill Permit Application Review i , head City DCN Applicant: Wright Smith dba WD-42, LLC, Shannon Pointe i Project Location: 272 Shannon Drive,adjacent to the AIWW, in Myrtle Grove Sound,New Hanover County. Proposed Project: The Applicant proposes to recombine property to create a small subdivision with construction of three (3) condominium units, elevated platform (pergola) and to convert an existing pier facility into a 6 vessel community dock. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 9, 2005. If you have any questions regarding the proposed project, please contact Robb Mains at (910) 796-7291, 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 Y7G�1..: ,: (,�,c DATE - 5L' Z 0057 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-72151 FAX: 910-395-39641 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post consumer Paper la 10 IN In In- In I"' RECEIVED DCM WILMINGTON, NC 5EP 0 7 2005 ,�J NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F Easley, Governor Charles S. Jones, Director William G. etary 0 August 16, 2005 j` VIF MEMORANDUM: r TO: Ann Hines New Hanover Co. LPO FROM: Doug Huggett, Major Permits Coordinator SUBJECT: CAMA&Dredge and Fill Permit Application Review Applicant: Wright Smith dba WD-42, LLC, Shannon Pointe Project Location: 272 Shannon Drive,adjacent to the AIWW,in Myrtle Grove Sound,New Hanover County. Proposed Project: The Applicant proposes to recombine property to create a small subdivision with construction of three (3) condominium units, elevated platform (pergola) and to convert an existing pier facility into a 6 vessel community dock. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 9, 2005. If you have any questions regarding the proposed project, please contact Robb Mairs at(910) 796-7291,when appropriate, in-depth comments with supporting data is requested. REPLY: _ C� This agency has no objection to the project as proposed, CAS I OKS uSe 6F 4-4 aca (s tIrftbd 6 'F-1r 3 d,W16� gU;xits iA S sub�iv�is�.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. 1 , SIGNED l,�-�.— � DATE 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-72151 FAX: 910-395-39641 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 j August 16, 2005 trAUG 18 !E MEMORANDUM: TO: Renee Gledhill-Early EQ. c.6.18 9 5 NC Dept. of Cultural Resources Archives & History FROM: Doug Huggett, Major Permits Coordinator SUBJECT: CAMA & Dredge and Fill Permit Application Review Applicant: Wright Smith dba WD-42, LLC, Shannon Pointe Project Location: 272 Shannon Drive,adjacent to the AIWW, in Myrtle Grove Sound,&wHanover County. Proposed Project: The Applicant proposes to recombine property to create a small subdivision with construction of three (3) condominium units, elevated platform (pergola) and to convert an existing pier facility into a 6 vessel community dock. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 9, 2005. If you have any questions regarding the proposed project, please contact Robb Mairs at (910) 796-7291, 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. i SIGNED DATE 'C><0 127 Cardinal Drive Ext., Wilming , North Carolina 28405-3845 Phone: 910-796-72151 FAX: 910-395-3964 n tern et- 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 August 16, 2005 Q 0 - MEMORANDUM: TO: Fritz Rohde HABITAT Division of Marine Fisheries ���" FROM: Doug Huggett, Major Permits Coordinator SUBJECT: CAMA & Dredge and Fill Permit Application Review Applicant: Wright Smith dba WD-42, LLC, Shannon Pointe Project Location: 272 Shannon Drive,adjacent to the AIWW,in Myrtle Grove Sound,New Hanover County. Proposed Project: The Applicant proposes to recombine property to create a small subdivision with construction of three (3) condominium units, elevated platform (pergola) and to convert an existing pier facility into a 6 vessel community dock. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 9, 2005. If you have any questions regarding the proposed project, please contact Robb Mairs at (910) 796-7291, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. l 1 1V 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 L `- o 127 inal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-72151 FAX: 910-395-39641 Internet: www.nccoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper AP LPIA CV ��- MSTI RICT 3 AUG ? 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 August 16, 2005 MEMORANDUM: ` AUG 2 5 2005 TO: Ken Pace DIV.OF CO3% NCDOT ED State Construction/Materials Branch ip AUG 2 9 2005 FROM: Doug Huggett, Major Permits Coordinator SUBJECT: CAMA & Dredge and Fill Permit Application Review Morehead City CCM Applicant: Wright Smith dba WD-42, LLC, Shannon Pointe Project Location: 272 Shannon Drive,adjacent to the AIWW,in Myrtle Grove Sound,New Hanover County. Proposed Project: The Applicant proposes to recombine property to create a small subdivision with construction of three (3) condominium units, elevated platform (pergola) and to convert an existing pier facility into a 6 vessel community dock. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 9, 2005. If you have any questions regarding the proposed project, please contact Robb Mairs at (910) 796-7291, 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. SIGNEDLLl��tg DATE $lot 3,OS 1 7 Cardinal Drive Ext., Wi mington, North Carolina 28405-3845 Phone: 910-796-72151 FAX: 910-395-39641 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper ,RPF ��- pitI NCDENR � P�i �t 1; North Carolina Department of Environment and Natural esources _ 2005 Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director Mb CI jad,l! rDCM August 16, 2005 MEMORANDUM: J via TO: Steve Everhartl NC Wildlife Resources Commission FROM: Doug Huggett, Major Permits Coordinator SUBJECT: CAMA & Dredge and Fill Permit Application Review Applicant: 'Wright Smith dba WD-42, LLC, Shannon Pointe Project Location: 272 Shannon Drive,adjacent to the AIWW,in Myrtle Grove Sound,New Hanover County. Proposed Project: The Applicant proposes to recombine property to create a small subdivision with construction of three (3) condominium units, elevated platform (pergola) and to convert an existing pier facility into a 6 vessel community dock. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 9, 2005. If you have any questions regarding the proposed project, please contact Robb Mairs at (910) 796-7291, 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 F 3 ILO 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-72151 FAX: 910-395-39641 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 ,'iiy Division of Coastal Management Michael F.Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary August 16, 2005 SEp MEMORANDUM: Morehead Cit. TO: Joe Henderson NC Dept. of Administration State Property Office FROM: Doug Huggett, Major Permits Coordinator SUBJECT: CAMA& Dredge and Fill Permit Application Review J Applicant: Wright Smith dba WD-42, LLC, Shannon Pointe Project Location: 272 Shannon Drive,adjacent to the AIWW,in Myrtle Grove Sound,New Hanover County. Proposed Project: The Applicant proposes to recombine property to create a small subdivision with construction of three (3) condominium units, elevated platform (pergola) and to convert an existing pier facility into a 6 vessel community dock. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 9, 2005. If you have any questions regarding the proposed project,please contact Robb Mairs at(910) 796-7291, when appropriate, in-depth comments with supporting data is requested. REPLY: ✓This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED W(,S DATE D `� 127 C dinal Drive Ext., Wilmington, North Carolina 2840 -3845 Phone: 910-796- 2151 FAX: 910-395-39641 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 August 16, 2005 0 1 9 2005 V MEMORANDUM: SMLLF04 SANITATION TO: Patty Fowler AUG 3 0 2005 NCDENR-Division of Environmental Health Shellfish Sanitation Section Morehead City DCM FROM: Doug Huggett, Major Permits Coordinator SUBJECT: CAMA& Dredge and Fill Permit Application Review Applicant: .0pWright Smith dba WD-42, LLC, Shannon Pointe Project Location: 272 Shannon Drive,adjacent to the AIWW,in Myrtle Grove Sound,New Hanover County. Proposed Project: The Applicant proposes to recombine property to create a small subdivision with construction of three (3) condominium units, elevated platform (pergola) and to convert an existing pier facility into a 6 vessel community dock. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 9, 2005. If you have any questions regarding the proposed project,please contact Robb Mairs at(910) 796-7291, 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. �o� tfpatG� Mv � SIGNEDDATE 127 C lnal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-72151 FAX: 910-395-39641 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—501,10 Recycled 110%Post Consumer Paper (91 NCDENR U 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 August 16, 2005 MEMORANDUM: CI `tt PI 4TO: Dan Sams For James Simons AUG 2 3 7005 Division of Land Resources Morehea d pity pCM FROM: Doug Huggett, Major Permits Coordinator SUBJECT: CAMA&Dredge and Fill Permit Application Review Applicant: Wright Smith dba WD-42, LLC, Shannon Pointe Project Location: 272 Shannon Drive,adjacent to the AIWW,in Myrtle Grove Sound,New Hanover County. Proposed Project: The Applicant proposes to recombine property to create a small subdivision with construction of three (3) condominium units, elevated platform (pergola) and to convert an existing pier facility into a 6 vessel community dock. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 9, 2005. If you have any questions regarding the proposed project, please contact Robb Mairs at (910) 796-7291, 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 T7vR�s� /S, 2o6 S 127 C ve Ext., ilmington, North Carolina 28405-3845 Phone: 910-796-72151 FAX: 910-395-39641 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer-50%Recycled 110%Post Consumer Paper �NVIROINI=ORMATION +8 15 Carolina 5cach Koad Wilmington,NC28412 F-mail:fJeponcko@eartklinL.net HOME 910-799-+556 CELL 910-520-7272 August 2, 2005 H V E Mr. Jason Dail R NC Division of Coastal Management AUG 0 3 2005 Express Permitting Section 127 Cardinal Drive Extension DIVISION OF Wilmington, NC 28405 COASTAL MANAGEMENT SUBJECT: Shannon Pointe - WD-42, LLC - Wright Smith Dear Mr. Dail: I am submitting clarifying information as well as re-submitting modified material based on your initial review and comments with regard to the subject project. I have modified what I trust are the appropriate portions of the written application portion of the submittal. I have also had new plans prepared that reflect the pocket of Distic/is spicata as well as an ex- panded upper limit of coastal wetlands from those indicated on the original survey plats (erroneously labeled "404" wetlands). These were identified and flagged in the field by you and Mr. Jim Gregson, District Manager. [See sheets 1 of 5 and 2 of 5]. The pier/boatlift por- tion of the project has been revised [ see sheet 4 of 5 ]. A deck with a pergola structure has been added on highground to replace the deck over the public trust area. [See sheet 1 of 5 and sheet 2 of 5 ]. In reviewing the two different views of the new proposed pier/boatlifts graphics I have no- tice a slight difference in the dimensions shown for the length of the platform portion. I at- tribute this to the difference in accuracy between analogue and digital drafting techniques. Hopefully this will not be a problem and the final length can be set as a condition of the per- mit. I am also enclosing the reduced plats for sheets 1 & 2 of 5 for the US Army Corps of Engi- neers package. A copy of a letter indicating the lack of'1404" wetlands on-site is also in- cluded. This was submitted to Brad Shaver today and he indicated during a telecommunica- tion last week that he would in all likelihood concur with the determination made by the Clark Group Wetland Specialists. If there are questions concerning the above materials or if I can be of any other assistance in this matter, please advise. i-3EC.1�= ��, Sincerely, DCM WILMINGTON, NC AUG 0 5 2005 i C. Robert Stroud, Jr. _K GROUP THECLAR Geo-Environmental Services Land/Hydrographic Surveys July 26, 2005 r;E G LZ�V'i=i DCM WILMINGTON, NC Brad Shaver US Army Corps of Engineers AUG 0 5 2005 Wilmington Regulatory Field Office P.O. Box 1890 Wilmington, NC 28402-1890 Re: 404 Wetlands at 262 Shannon Dr. Mr. Shaver, The purpose of this correspondence is to document the findings of an on-site investigation of approximately 1.14 acres of land located at 262 Shannon Drive, adjacent to the Intracoastal Waterway. During the site visit, I also met with Mr. Bob Stroud to discuss the location of the CAMA Coastal Wetland line as delineated on July 25, 2005 by members of the Division of Coastal Management field staff. Throughout the investigation numerous auger holes were examined for indicators of hydric soils and wetland hydrology that might suggest the presence of wetland areas that would be subject to jurisdiction under Section 404 of the Clean Water Act. Neither of these parameters were met in any area above, or independent of,those areas previously delineated as Coastal Wetlands. Furthermore, observations of the dominant vegetation types revealed that the majority of the herbaceous vegetation on this parcel is consistent with that found in coastal wetlands and often extends well above the hydric soil break. In conclusion, it is our opinion that there are no Section 404 wetlands on this site. If you have any further questions regarding this matter, please feel free to contact us. Thank you for your time and cooperation in this matter. Sincerely, RECKVE7EP 4 �''�" AU i 0 3 2005 Byron Bateman Wetland Biologist DIVISION OF COASTAL MANAGEMENT Cc Bob Stroud Corporate Office: 5000 Blue Clay Road Castle Hayne, NC 28429 • Post Office Box 10136 Wilmington, NC 28404 (910) 602-3900 Office 0 (91o) 6o2-3975 Facsimile • www.clarkgroup.us '�c ENVIKOIN I=OKMATION +815 Carolina bcach Road Wilmington,NC 28412 E--mail:fefeponcho@earthlinLnet HOME 910-799-4556 CELL 91 o-520-7272 July 19, 2005 NC Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC 28405 D ECEWE Regulatory Section JUL 2 0 2005 US Army Corps of Engineers DIVISION OF Wilmington District COASTAL MANAGEMENT P 0 Box 1890 Wilmington, NC 28402-1890 DCM WILMINGTON, NC cur o 5 2005 Dear Sirs: Please find enclosed an application package that I am submitting on behalf of my client, Wright Smith, dba WD-42, LLC. for a project located in New Hanover County. The develop- ment will be known as Shannon Pointe and is located at 272 Shannon Drive. Please consider this application as a FAST TRACK submittal. I am requesting that the current restriction limiting piers under the FAST TRACK process to 4(four) be waived due to my earlier contact with Jason Dail with respect to this project. EXISTING CONDITIONS: At present there is an existing residence with pier located on the property and also an exist- ing detached 3-car garage. The dimensions of the residence are approximately 81'x 40' and the garage is approximately 30' x 40'. The existing pier is approximately 150' in length and has an approximately 20' x 20' platform at the terminus. There is a floating dock on the south side of the platform and a boat lift on the north side. Two boat slips are provided by these two features. The linear dimension of the shoreline is approximately 115 feet. The area of the lot is approximately 1.14 acres or approximately 49,767 square feet. The lot has sewer service provided by New Hanover County and also has county water. There is a hard surface road located on the northern boundary of the property and an existing unimproved private road along the southern boundary. This location is adjacent to SA outstanding Re- source Waters and is a primary nursery area for fish species. New Hanover County also re- quires a 75' Conservation Overlay District for this property. PROPOSED DEVELOPMENT A brief description of the proposed development activities follows: The property will be recombined as a small subdivision with three condominium units. Shannon Pointe February 18, 2005 • Two additional condominium structures will be constructed between the existing/proposed building and the Conservation Overlay District setback on the eastern boundary of the property. These structures will each be approximately 32' x 50" in size. • The existing 3-car garage will remain as is. • The existing pier will be converted from a 2-slip water access facility to a 6-slip facility. The plat- form will be removed and access will be provided to each of 6 boat lifts by a series of"cat-walk" features. The waterward end of these structures will be at or slightly landward of the same alignment as the existing platform. This structure (platform) will be relocated landward of the slips and will be reduced in size to approximately 16' x 16'. In my contacts with various agencies concerning this project I have had the following responses: NC Division of Land Quality - no submittal is required as the total proposed disturbance is less than One Acre. NC Division of Water Quality - a low density Storm Water Authorization is required and one has been submitted for approval. New Hanover County Planning - The proposal is consistent with current zoning for the project area. U S Army Corps of Engineers - The project is consistent with current guidelines. N C Division of Coastal Management - The proposal is consistent with the New Hanover County Land Use Plan. If you have questions concerning the application package or if I can be of any other assistance in this matter, please advise. Sincerely, D &nnvF, C. Robert Stroud, Jr. JUL 2 0 2005 Consultant DIVISION OF Cc: Wright Smith COASTAL MANAGEMENT DCM WILMINGTON, NC AUG 0 5 7005 �OF WAT�9P Michael F. Easley, Governor �O G William G. Ross, Jr., Secretary COr North Carolina Department of Environment and Natural Resources > Alan W. Klimek, P.E. Director Division of Water Quality July 13, 2005 Mr. Wright Smith, Member/manager WD42, LLC �r° L 6800 Wrightsville Avenue, Suite 10 DCM WILMINGTON NC Wilmington, NC 28403 Subject: Stormwater Permit No. SW8 050616 AUG 0 5 2005 Shannon Pointe Low Density Subdivision Permit New Hanover County Dear Mr Smith: The Wilmington Regional Office received a complete Stormwater Management Permit Application for Shannon Pointe on July 12, 2005. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW8 050616, dated July 13, 2005, for the construction of the subject project. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein, and does not supercede any other agency permit that may be required. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact either Robert Gordon or me at (910) 796-7215. Sincerely, ECEHVE D / ���� JUL . zoos Ec ward 'eck z 0 Regional Supervisor Surface Water Protection Section DIVISION OF COASTAL MANAGEMENT ENB/rdg: S:\WQS\STORMWAT\PERMIT\050616.Ju105 cc: Michael Gallant, PE Tony Roberts, New Hanover County Building Inspections David Thomas, NCDOT Beth E. Wetherill, New Hanover County Engineering Division of Coastal Management Robert Gordon Wilmington Regional Office Central Files North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone(910)796-7215 Customer Servicel-877-623-6748 Wilmington Regional Office Wilmington,NC 28405-3845 FAX (910)350-2004 Internet: h2o.enr.state.nc.us One NorthCarclina An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper naturally State Stormwater Management Systems Permit No.SW8 050616 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY ; Atr, ,.STATE STORMWATER MANAGEMENT PERMIT '`- LOW DENSITY DEVELOPMENT SFP 0 7200S In accordance with the provisions of Article 21 of Chapter 143, General Statutes Qt North Carolina as amended, and other applicable Laws, Rules and Regulations a PERMISSION IS HEREBY GRANTED TO �cM Mr. Wright Smith & WD42, LLC Shannon Pointe New Hanover County FOR THE construction, operation and maintenance of a 25% low density subdivision in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications, and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. The Permit shall be effective from the date of issuance until rescinded and shall be subject to the following specific conditions and limitations: I. DESIGN STANDARDS 1. The site is limited to a maximum of 12,451.7 square feet of built-upon area, as indicated in the approved plans. CAMA regulations may reduce the allowable built-upon area for those lots within the AEC. 2. The overall tract built-upon area percentage for the project must be maintained at 25% per the requirements of Section .1005 of the stormwater rules. 3. Approved plans and specifications for projects covered by this permit are incorporated by reference and are enforceable parts of the permit. 4. ProJ'ects covered by this permit will maintain a minimum 30 foot wide vegetative buffer between all impervious areas and surface waters. 5. The only runoff conveyance systems allowed will be vegetated conveyances such as swales with minimum side slopes of 3:1 (H:V) as defined in the stormwater rules and approved by the Division. 6. All roof drains must terminate at least 30' from the mean high water mark. Page 2 of 5 r State Stormwater Management Systems Permit No.SW8 050616 II. SCHEDULE OF COMPLIANCE 1. Swales and other vegetated conveyances shall be constructed in their entirety, vegetated, and be operational for their intended use prior to the construction of any built-upon surface. 2. During construction, erosion shall be kept to a minimum and any eroded areas of the swales or other vegetated conveyances will be repaired immediately. 3. The permittee shall at all times provide the operation and maintenance necessary to operate the permitted stormwater management systems at optimum efficiency to include: a. Inspections b. Sediment removal. C. Mowing, and revegetating of the side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans and specifications. 4. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to any of the items shown on the approved plans, including the stormwater management system, design concept, built-upon area, details, etc. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built-upon area or to the drainage area. e. Further subdivision, acquisition, or selling of the project area. f. Filling in, altering or piping any vegetative conveyance shown on the approved plan. 5. The Director may determine that other revisions to the project should require a modification to the permit. 6. The permittee shall submit all information requested by the Director or his representative within the time frame specified in the written information request. 7. No piping shall be allowed except that minimum amount necessary to direct runoff beneath an impervious surface such as a road and that minimum amount needed under driveways to provide access to lots. 8. Unless specified elsewhere, permanent seeding requirements for the swales must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 9. The permittee is responsible for verifying that the proposed built-upon area does not exceed the allowable built-upon area. Once the lot transfer is complete, the built-upon area may not be revised without approval from the Division of Water Quality, and responsibility for meeting the built-upon area limit is transferred to the individual property owner, provided that the permittee complies with the requirements of Section 11.11 of this permit. Page 3of5 State Stormwater Management Systems Permit No.SW8 050616 10. Within 30 days of completion of the project, the permittee must certify in writing that the project's stormwater controls, and impervious surfaces have been constructed within substantial intent of the approved plans and specifications. Any deviation from the approved plans must be noted on the Certification. 11. Deed restrictions are incorporated into this permit by reference and must be recorded with the Office of the Register of Deeds prior to the sale of any lot. Recorded deed restrictions must include, as a minimum, the following statements related to stormwater management: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 050616, as issued by the Division of Water Quality under NCAC 2H.1000. b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. C. These covenants are to run with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. f. The maximum built-upon area is 12,451.7 square feet. This allotted amount includes any built-upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, and coquina, but does not include raised, open wood decking, or the water surface of swimming pools. g. Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with the development except for average driveway crossings, is strictly prohibited by any persons. h. Lots within CAMA's Area VIE Concern may have the permitted built-upon area reduced due to CAMA jurisdiction within the AEC. i. Each lot will maintain a 30' wide vegetated buffer between all impervious areas and surface waters. j. All roof drains shall terminate at least 30' from the mean high water mark. 12. The permittee shall submit a copy of the recorded deed restrictions within 30 days of the date of recording. 13. If the permittee sets up an Architectural Review Committee (ARC) to review plans for compliance with the restrictions, the plans reviewed must include all proposed built-upon area (BUA). Any approvals given by the ARC do not relieve the lot owner of the responsibility to maintain compliance with the permitted BUA limit. 14. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. 15. Stormwater conveyances will be located in either dedicated right-of-way (public or private), recorded common areas or recorded drainage easements. The final plats for the project will be recorded showing all such required easements, in accordance with the approved plans. Page 4 of 5 State Stormwater Management Systems Permit No.SW8 050616 III. GENERAL CONDITIONS 1 . Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division of Water Qualityy, in accordance with North Carolina General Statutes 143-215.6A to 143-215.6C. 2. The permit issued shall continue in force and effect until revoked or terminated. 3. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance, or termination does not stay any permit condition. 4. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 15A of the North Carolina Administrative Code, Subchapter 2H.1000; and North Carolina General Statute 143-215.1 et. al. 5. The permit is not transferable to any person or entity except after notice to and approval by the Director. The Director may require modification or revocation and reissuance of the permit to change the name and incorporate such other requirements as may be necessary. A formal permit request must be submitted to the Division of Water Quality accompanied by the appropriate fee, documentation from both parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits, and may or may not be approved. 6. The permittee is responsible for compliance with all permit conditions until such time as the Division approves the permit transfer request. Transfers to third parties by the permittee where the required documentation has not been submitted to the Division does not relieve the permittee of responsibility for transferring the permit. 7. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state and federal) which have jurisdiction. If any of those permits result in revisions to the plans, a permit modification must be submitted. 8. The permittee grants permission to DENR Staff to enter the property during business hours for the purposes of inspecting the stormwater management system and it's components. 9. The permittee shall notify the Division of Water Quality of any name, ownership or mailing address changes within 30 days. Permit issued this the 13`h day of July, 2005. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION - ------------------------------- Alan W. Klimek, P.E., Director - '� Division of Water Quality By Authority of the Environmental Management Commission Page 5 of 5 WrightSmith Co. 6800 Wrightsville Ave.,Suite 10 Wilmington,NC 28403 wrightsmithco@bizec.rr.com 910-256-2842 Fax: 910-256-6526 June 3, 2005 NC Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 Dear Sirs: This letter is on behalf of C. Robert Stroud, Jr, Consultant who I have authorized to serve as my agent for the project in New Hanover County to be known as Shannon Pointe. The project will in- clude both water dependent and high ground development and will require a CAMA major authoriza- tion. If there are questions concerning the above, please advise. Sincerely, Wright Smith D `y 005 i DIV�MoNAOEMENT DCM WILMINGTON, NC AUG 0 5 no.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 August 16, 2005 FAX: 343-2229 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Public Notice - Wright Smith dba/WD-42, LLC Kyle: Please publish the attached Notice in the August 19, 2005, issue. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and a copy of the invoice to Jaye Poole, Division of Coastal Management, 1638 Mail Service Center, Raleigh, North Carolina 27699-1638. The phone number is 919-733-2293. Please send the original invoice and a copy of the affidavit for payment to Bev Rivenbark at Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7220. Paying by Credit Card. Please fax a copy of credit card receipt to me at 910-395-3964. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. Sincerely, everly Ri e rk Coastal M men Admin. Assistant Enclosure cc: File Copy Doug Huggett Ted Tyndall 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-796-7215\Fax: 910-395-3964\ 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 August 3, 2005. According to said application, Wright Smith dba/WD-42, LLC, proposes to recombine property to create a small subdivision with construction of three (3)condominium units, elevated platform (pergola) and to convert an existing pier facility into a 6 vessel community dock, at 272 Shannon Drive, adjacent to the AIWW, in Myrtle Grove Sound, New Hanover County. A copy of the entire application may be examined or copied at the office of Robb Mairs at N.C. Environment and Natural Resources, Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, North Carolina 28405, (910-796-7291) 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 September 9, 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. f � 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 August 15, 2005 Wright Smith dba WD-42, LLC 6800 Wrightsville Ave. Wilmington, NC 28403 Dear Mr. Wright: The Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your property located at 272 Shannon Dr., in New Hanover County. It was received complete on 8/3/05, and appears to be adequate for processing at this time. The projected deadline for making a decision is 10/17/05. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from 8/3/05, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. A field report has been prepared and is in the process of being circulated to the various state and federal review agencies for their comments. If additional information is required based on this review, the agencies may contact you directly. Sinc e , obb Mairs Field Representative cc: Doug Huggett, DCM Ted Tyndall, DCM Jim Gregson, DCM Ann Hines, LPO Henry Wicker, COE Bob Stroud (Agent) r i 1 , 1 ( 00* AMA ERMIT PLIED F Al J_ i - - _' .. PROJECT: '� � a'•'�`' r� ..sue►�.tC •�,� ' 1. e&v#fcd �..,. ,� . rvity A da a f �...✓.✓. i COMMENTS ACCEPTED THROUGH 9 zooms APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Jw/ .11r /02 7 ( &rtt-j 2X lb I. Ott. 0-71n-w 4 4-4 J ya . s-G - �1' 9/,- o= '1dx9/ 06/03/2005 12:09 91025GG526 WRIGHT SMITH CO PAGE 07 A.3 6 R... DIVISIOIN OF COASTAL MANAGE ADJ,A,CENT RIPARIAN PROPERTY OWNER NOTIFICATION/WA.IVE�FOl Name of Individual Applying For Permit: W F<?brtT- UM 11-H cl �2, ��'H A IVAJU� PCINT6 Address of Property:_ 2 3 ha ti h al r (Lot or Street #, Street or load)' ( AJ I 4�M I 1V&n 1� Ali Lou (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. If you have objections to what is being proposed, please write the Division of Coastal Management, 127 Cnrdinal Drive Extension, Wilmington, NC 28405 or call 9I0-395-3900 within 10 days of receipt or this notice_ No response is considered the same as no objection if you have been notified by Certified Mail. A VEIE SECT—ION I understand that a pier, dock, mooring pilings, breakwater, boat house or boat lift must be set bek a mJai auaa distance of 15' from my area of riparian access-unless waived by me. (If you wish to waive the setbacht you must initial the appropriate blank below.) �► � I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. dCM WILMiNCTON, NC L!G 0 ><_ 7TZT;i�ik Si Name a VIA Print Name NCDENR r}p 1 5/' ��— '1 ( No r GAOUMA C7�D' rncM OI l�l(1 1`X^ FJIVIpOMMKM ENO M�VItl.�.}OUAGILO Telephone Number with .Area Code S:\cama\shells\riparianproperty.frm S 11 I Hgiws pjeHotd sewoHl dSo :SO SO 90 unC DCM WILMINGTON, NC AUG 0 5 2005 3 o.bo �s l�IIIIINIIIIIIIIII �® 2004088700 FOR REGISTRATION REGISTER OF DEEDSAN D RCEHVE NRESE 4WVER COIJNTTI NC 2004 DEC 34 N:47,16 PM BK:4624 PGA20-423 iEE O,N JUL 2 0 2005 NC REV ST s OF i3OASTALIMAONAGEMENT Drawn by:Eugene B. Davis,Jr., P.C.,Attorney at Law 2030 Eastwood Road, Suite 6 Wilmington,NC 28403 Parcel No.R07908-003-002-000 R07908-003-003-000 Return to: Eugene B.Davis,Jr. Stamps: $1,850.00 STATE OF NORTH CAROLINA WARRANTY DEED COUNTY OF NEW HANOVER BRIEF DESCRIPTION FOR THE INDEX:.78 ACRES (C) PT KUEHL & PT LOT 28 SHAL A MOOR THIS DEED,made and entered into as of the 29TH day of DECEMBER, 2004, by and between WILLIAM GARY SIGMON AND PAMELA L. SIGMON, husband and wife (herein "Grantor"), party of the first part; and DANIEL MCINTYRE, married, and WALTON WRIGHT SMITH,JR., unmarried, (hereinafter called "Grantee") party of the second part, whose mailing address is: 6800 WRIGHTSVILLE AVENUE, SUITE#10, WILMINGTON,NC 28403 (Whether one or more persons, firms, or corporations). 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 said Grantor, in consideration of the sum of TEN ($10.00)DOLLARS,and other good and valuable considerations paid to him, receipt of which is hereby acknowledged, has bargained and sold, and by these presents does hereby grant,bargain, sell and convey unto Daniel McIntyre, as to an undivided fifty percent(50%) and Walton Wright Smith, Jr., as to the remaining undivided fifty percent (50%),all of those certain tracts or parcels of land, located in NEW HANOVER County,North Carolina, and being more particularly described as follows: SEE SCHEDULE "A" LEGAL DESCRIPTION t3 t�C;F-u Vr ILi DCM WILMINGTON, NC AUG 0 5 2005 THE PROPERTY hereinabove described was acquired by Grantor by instrument recorded in Book 2057 at Pagelflof the NEW HANOVER County Registry. A map showing the above described property is recorded in Plat Book N/A page N/A. TO HAVE AND TO HOLD the above granted and described lands and premises, together with all and singular, the rights,privileges, easements, tenements, duties, obligations and appurtenances thereunto belonging, or in anywise appertaining unto the said Grantee, in fee simple, FOREVER, AND said Grantor covenants with the Grantee that the Grantor is seized in fee simple of the above granted and described premises, and has good right to sell and convey the same in fee simple,that the title is marketable and free and clear of all encumbrances, except as herein set forth, and that said Grantor will WARRANT AND DEFEND the title to the same against the lawful claims and demands of any and all persons whomsoever except for following exceptions: ad valorem taxes for the current tax year and subsequent years ad valorem taxes; the provisions of all applicable zoning and land use ordinances, statutes and regulations; and all applicable restrictive covenants and easements of record. IN TESTIMONY WHEREOF, each Grantor has hereunto set forth his/her hand and adopted as his/her seal the word("SEAL") appearing after his/her typed name, all as of the day and year first above written. H V (SEAL) J U L 2 0 2005 DC LL AM GARY SI ON DIVISION OF COASTAL MANAGEMENT (SEAL) PAMELA L. SIGMON STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, 11 `t C��l,-JA0 , a Notary Public for the aforesaid County and State, hereby certify that WILLIAM GARY SIGMON and PAMELA L. SIGMON personally appeared before me this day and acknowledged the due execution of the foregoing instrument. WITNESS my hand and seal this 29TH day of DECEMBER, 2004. �„wuun � TA � T �0 R y Notary Pu e My Commissi n Expires �. I (Notarial Seal) (A�OF Aue��G ,�M?1tER GO�ae :ifti 1 .+ o '}i try:..r ell1-'itI�f:f'.t i S `Rra Iff .11r. .J•.`9 f�+ - .'nf"; �. :'.Swl 1•°+;;r•t+`;�9)$ .,:Sr; `iS i+<< '.l�!!t'i''t 2, ra.,T f,,).A1 .,.�+ f .r MS.e ,r[ i141 o 4. ;7i•:- � ;.. .. „j','>itl`;:�;: i°-K_ .. •wi�,.+' 'S'?•. �kTi -+;i >'T.`:tf .';jf '`.. k'� '��., -*� '1;l',1;7 . . . A:. 'F.1 , ., -I i• !'}..`:Jl�k:. ;(>t- _ ,,r'{v�f(r:i�i; 1. ' �l'�r �.:. 1t ^':_i .. .ti.,. ;IC'•,^s' ry . yti ... s 1.•.�' r:!'3(:i,�[: , .. ..sF? •irii.a1•'t z,�:? ,... . -1 i.�'ri �'• d. •.� '8,}'r'°�, 'j I• ,•'c ., r:1 f "�'J ?" ,., '- `A l}i• .,` 'S:It i�d�..�F� `� :%'`A4'.��IR���f f'if`•i •� ,.f .re� U:�t:i: _. ` '"fi 'd •F�. j. iT Js.• �. .. 97._.�. .. �ti' ._l .4� r .E-V4•.: 11V'r 3'!lrWD J! ;• . f7 Eli Cl S JUL AO V10121VfC] y: c 16t;3s•r ..� a. ° >..r.,j b18 'wo,t �r�.afi r° fjq�•„ tk;,c.� A$ , ',_.. .. `� ij:.»:t .,:'�it>'�N?� 1"l 1 ��. •',;,YJ 14���. ;. .t: ;`;Lti�l %',{;"�' '. i :�>• 414 1 ,t �; f„}f l�?.�"� � � tit + • E EXHIBIT "A" TRACT ONE: - Having the tax parcel ID#R07908-003-002-000 and consisting of: (A)all of the following property conveyed as"TRACTONE"to William Gary Sigmon and wife, Pamela L. Sigmon by NC General Warranty Deed-recorded in Book 2057,Page 799,New Hanover County Registry: Beginning st a POW in t>tt northern line of a 15.0 foot scoots a wnheot, said point being Sou*66 it*=07 111M M Etas 2432.04 feet f ch as old ire pipe in the eastern right of way line of Masaoborth Loop Rand(S.iL 11492)(30.0 fact from the centerline thereof). said pipe being South 5 degrees 00 minutes West about 550 Poet from the cenvAine of Loder _ Avenue(S.R.11523). running thence from said beginwag point North 23 degrees 37 minutes R E Ci E i V E D East 126.43 feet to a point in the aouthatn right of way line of told Shannon Drive.(30.0 feet froca A W I LM I N GTO N, NC the centerline thereof);running dience along the southern right of way line of Shannon Drive. South 66 degrees 23 minutes East 54.42 feet to a point; nutting thence Soots 23 dogmas 37 mmittes Weft 13.0 feet to a point;tanning thecae South 66 dogma 23 minutes Fop 9.42 feet to AUG 0 5 2005 a point; running thence South 23 degrees 37 minutes West 1.0 feet to a point; running thence South 66 degrees 23 minutes East 255.94 feet to the high runner lint of Myrtle Grove Sound; running thence along the high whiter line South 34 degmes 53 tttinutat 09 so zao&West 68.64 feet to a point;running theme aim&the high water line Saudi 53 degrees 20 minutes 22 w000ds West 46.56 feet to a point in the northern line of the aforementioned 15 foot access easement;running thence along the northern lice of said 15 foot antes earemeat North 66 degrees 07 minutes West 283.28 feet to the point of beginning. Together with the right of ingress and egress on and over the aforementioned Shamans Drive,a descriptioa of said right of ingress and eras bein&more fully that forth in that certain deed from Eddie Lewis Construction Company to Bobby S.McKoy and wife Marilyn W.McKay by deed recorded in Book 1016 at pogo 709 of the New Hanwer CoApty Registry,said description being hereby incorporated and made a part beroof by reference. And, (B)all of the fuliowing parcel conveyed to William Gory Sigmon and wife,Pamela L.Sigmon by NC General Warranty Deed recorded in Book 2669,Page 719,New Hanover County Registry which has become a part of tax parcel*JL07908-003-002-000; O Beginning at a point in the northern line of a 15.0 foot scoots easuncnt,said point being South D 66 degrees 07 minutes East 2432.04 feet from an old iron pipe in the eastern right of way line of Cn Lzi Masonboro Loop Road(S.R.k1492)(30.0 feet from the centerline thereof),said pipe being -�0 t South 5 degrees 00 minutes West about 550 foot from the centorline of Loder Avenue(S.R. D < cz- 1523); running thence from said beginning point North 23 de5mcs 37 minutes East 126.43 fact to a point in the southern right of way line of Shsmon Drive(30.0 feet from the centerline 5;- C= thereof);running thence along the southern right of way line of said Shannon Drive,North 66 D 0 a degrees 23 minutes West 15.0 feet to a point,nnrmiag thence South 23 degrees 37 minutes West z C= 126.43 feet,more or less,to a point on the northern line of the aforesaid 15.0 access easement; 0 0 C=) running thence South 66 degrees 07 minute:Esau 15.0 feet to the point of beginning. m T The above described tract being the eastern 15.0 feat of that tract described as Tract 3 conveyed M to 1f'i1lianr Gary Sigmon and wife,Pamela L.Sigmon,by that deed recorded in Book 2057 at z Page 0799 of the New Hanover County Registry. - TRACT TWO: Having the tax parcel ID#R07908-003-003-000 and being all of the following property conveyed as "TRACT THREE" to William Gary Sigmon and wife,Pamela L.Sigmon by NC General Warranty Deed recorded in Book 2057,Page 799,New Hanover County Registry: Begisoiog at a paint is the oomththra lino eta I"foot aocaae=u moo4 said point being South 66 dorm 07 miawea Bonnet 2M.04 feet&m sal old traa PIP in the matI rot of wary The of Minonboto Loop Road MR.#14M 0&0 iet flaw do aealrorlbte thenal), said pipe being Sam th S t1,g 1 -00 rdrohasa Wet about SW let bass do oaatedine of Lodes Avenue MX#I=).amigg thence beau aid beginning pail Moat 23 degaeat 37 w1aatehi Brat 125.85 fast to a point in tttt aoaebeto ti&bt of troy Use of Shmooth Drive(3MO he lino the t ttutdiee tltcteof);running thttooe siosig the neat it right at way lino of acid Sh nsion Drive, South 66 dogmas 23 mimitat Tort 125.0 ka am a po* maaiag thence South 23 'PC ,hi 37 miaamt West 126.43 foot to a point is the nostherts line of aftimohoodowd 113.0 foot access casement: running throne along the nottietts Lima of raid 13.0 toot access a:saersmc,North 66 degtew 07 winates West 125.0 Jon to the point of bg0aalmg.the am bits a portion of the formerly Piner land. Together with the right of mgtas and e;eaa as and vice the aforementioned Sbsnoon Drive,a description of said right of iytas and Rpaa being motor fully net!forth to that ontain deed tram Eddie Lewis Construction C o mpauy to,Bobby S.McKay and wife Marilyn W.MdWy by deed teeade'in Boost 1016 at Pap 709 at the New Hants tr C oody Rutty,slid dennipdoo being booby incorporated and made a part bstmf by rtderance. LESS AND EXCEPT the following parcel conveyed to William Gary Sigmon and wife,Pamela L. Sigmon by NC General Warranty Deed recorded in Book 2669,Page 719,New Hanover County Registry: Beginning at a point in Use northern line of a 15.0 foot access essatient,said point boing South 66 degrees 07 minutes East 2432.04 feet from an old iron papa in the eastern right of way line of Masonboro Loop Road(S.R.#1492)(30.0 feet from the teattrline tiori:4,said!ripe being South 5 degrees 00 minutes West about 550 feet from the centerline of Loder Avonue(S.R. 1523); running thence from maid beginning point North 23 degrees 37 ntinutes East 126.43 feet to a point in the southern right of way line of Shannon Drive(30.0 foot front the centerline thereo 0;running thence along the southern right of way line of said Shannoo Drive,North 66 degrees 23 minutes West 15.0 feet to a point;running thence South 23 degrees 37 minutes West 126.43 feet,more or less,to a point on the northern line of the aforesaid i S.0 seceas easement; nursing thence South 66 degrees 07 minutes East 15.0 feet to the point of beginning. The above described tract being the eastern 15.0 feet of that tract described as Tract 3 conveyed to William Gary Sigmon and wife,Pamela L.Sigmon,by that deed recorded in Book 2057 at Page 0799 of die New Hanover County Registry. -7 IPF �yr,as c;+,�^. =3r[4.3Y5.,rJ'"a,lj... .. - ..."?F ie� t���F1'41 .. :.'l�! 'e+. •� •i is nz'. A4Wa g►;.. l• ,_ ..39h -.; d "h.. s.S .> ` ,yd C� i«"OZ:;i;:: '•f.t f. _+i 'etr - _. li ,..'!�...�'t:�'„ .. .: 'ar.3r�•.Y a xlbd �xtlh6ra :;t?r"�:.��'-..�: .`fA�' :i.; r.;:y,! .ai : .. ..:aa' i'�,it( iva''a�'Y S 4 ii4`i.41►`z 'Xk! 5Y'i : 041 S_ - ? - -1 -�._.. ... - ,:y'; :i :$»rl R^;wL�P!,;,�lN•��Fr°�..a _ t�a�.AP;T t, �1:.t,�ti a.,. ;.4. "),p% •,•.:!:�,+;,art• x ';G,'f: i. ;L!$'3,:;-'a4 Carl cay"w:j+4Pftin ; .ir. x ,.. ....'A; a i:'t is t.. a,;e x:.Q wlv �•�Oda"'=.4'ii'u 2k�.Y' 7 Y;bC•; A:: .v., ..k:• ,.+.- ' .. .. ..,.:x•a 7�..rc+3:'L:' ^:i.�iR!�:'.Ia o:l�t��a'7,:.�iA:T� 'g• :yA': �.�•:!t'ft ..b• r:iQ •.�1:� t t"fis :S^�. 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CHRISTIAN REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 Filed For Registration: 12/30/2004 04:47:16 PM Book: RE 4624 Page: 420-423 Trn OJiNj �; E H V Document No.: 2004068700 DEED 4 PGS $20.00 JUL 2 0 2005 NC REAL ESTATE EXCISE TAX: $1,850.00 DIVISION OF Recorder: ANDREA FULFORD COASTAL MANAGEMENT ********H** **R****R**R**#+/*****R****tH1'R****Yr*Nt4****R►/##tRMAR State of North Carolina, County of New Hanover The foregoing certificate of JILL C BRUNO Notary Is certified to be correct.This 30TH of December 2004 REBECCA T.CHRISTIAN , REGISTER OF DEEDS 4/BAssistant Register of Deed YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT. 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