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HomeMy WebLinkAbout84-05 Waterfronte Development, LLC JUL-09-2005 09:50 From: 1D To:4 P.2/6 Permit Clays Permit Number NEW(Express Permit Program) 84-05 s,rAT1E OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission ertnit :for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113.229 Issued to Waterfronte Development,LLC c/o Stewart Pitman PO Aox 284,Wrightsville Beach,NC 28480. Authorizing development in New'l;lanoyer County at adi to the A1WW andSarolina Beach Yacht Ra2in,t aencer- •arlow Dr i Car I' a Bepch. NC.as requested in the permittee's application dated 11130104 fMp-Il a/.l 1105(92-2& MP-4)&4/28/05(NIP-6),including the attached work Ian drawings(4)did,4/26/05&the COE opp, wetlands del, map did,3/02/05 This permit, issuod on Ju X 8. 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, � EXCAVATi:ON 1) In order to protect juvenile fish and shrimp populations, no excavation or filling shall take place between April 1 and September 30 of any year, without prior approval from the Division of Coastal Management, in consultation with the Division of Marine Fisheries. 2) No vegetated wetlands shall be excavated and/or filled,even temporarily. 3) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands, is not authorized, (Sec attached shouts for Additional Conditions) This hermit 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 Consmi Resources Commission. date. An appeal requires resolution prior to work initiation or continuance as the case may be, ,this permit must be accessible on-she to Department personnel when the project is inspected for compliance. Charles S.Jones,Director Any maintenance work or project modification not covered jw` Division of Coastal Management hereunder requires(brther Division approval. All work must cease when the permit expires on This permit and its conditions are hereby accepted, ..1?=uihcr.31-2008 In issuing this permit, the State of North Carolina agrees that your project is consistent with die North Carolina Coastal Management Program. Signature ofpernittee JUL-08-2005 09:50 From: To:4 P.3/6 Waterfronte:Uevelopmeut,L1:C Permi t#84-t15 Page 2 of 5 i ADDITIONAL CONDITIONS 4) All excavated materials shall be confined landward of the N'onnal High Water(NHW) elevation contour within adequate dikes or other retaining structures to prevent spillover of solids into any vegetated wetlands or surrounding waters. 5) This permit only authorizes the excavation activities indicated on the attached workplan drawings. 6) Excavation shall not exceed—6 feet below the elevation of Normal Low Water(iLW). 7) Excavation shall not be conducted any closer than 1.0 feet from the waterward edge of the coastal marsh, 8) 'the terminal end of the pipeline from the dredge area into the diked retention area shall be positioned at or greater than 50 feet frorn any part of the dike, and a maximum distance from spillways to prevent dike erosion and to allow adequate settlement of suspended solids. 9) A water control structure shall be installed at the intake end of the effluent pipe loading from the retention area in order to ensure maximum settlement of Quapended solids, 10) The disposal area effluent shall be contained by pipe,trough,or similar device to a point at or beyond the Mean Low Water(M.LW)level to prevent gully erosion and unnecessary siltation, 11) This permit does not luthorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury, which may be caused from existing or future operations undertaken by the United States in the public interest 12) 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. U*se of the permitted activity shall not interfere with the publics right to free navigation on all navigable waters of the United States. 13) No excavated or f Il material shall be placed in any location or in any manner so as to impair. surface water flow into or out of any wetland area. 14) The activities shall be conducted in such a manner as to prevent a significant increase in turbidity outside the area ofconstruction or construction related discharge. Increases in turbidity of 25 NTU's or less are not considered significant. Mating-Docking'Facility 15) 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 penni.t application. No other structure,whether floating or stationary,shall become a permanent part of these docking:facilities without permit modification. No non-water dependent uses of structures may be conducted on/in,or over public trust waters without permit modification, JUL-08-2005 09:51 From: To:4 P.4/6 Wotcrfronte Development,'LLC Permit#84.05 page 3 of S ADDITIONALCONDITIONS 16) Prior to construction, the permittee shall submit a revised workpla,n drawing showing the relocation of C-Dock, indicating that the proposed docks/Linger piers have a minimum setback of 1.0 feet from the waterward edge of the coastal marsh. 17) The permittec shall maintain the authorized work in good condition mid in conformance with the terms and conditions of this permit. The permittee is not relieved ofthis requirement if he abandons the permitted activity without having it transferred to a third party. 18) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Cluard, 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. 19) 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, either now or in the future,will require that the pennittee undertake remedial actions to remedy the situation. Such.actions include,but are not limited to,a removal of any unauthorized slips or mitigative measures to reduce or eliminate the cause(s)of the closure. 20) It is possible that the authorized structures may be damagea by wave wash from passing vessels. The issuance of this permit does not relieve the permittee from taking all proper steps to ensure the integrity of the permitted structure and the safety of moored boats, The permittee shall not hold the State of North Carolina nor the United States liable for any such damage. 21) The permittee understands and agrees that, if:fitture operations by the United States require the removal, relocation, or ether alterations, of the structure or work herein authorized,or if, in the opinion of the Secretary of the Army or his authorized representative, said.structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permitloo 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. 22) The docks and associated structures shall have a minimum setback distance of 15 feet between any part(s)of the structure and the adjacent property owner's riparian access corridor.. 23) All,structures shall be located a minimum of 80 feet from the near bottom edge of the federally maintained channel, An as-built survey shall be performed on the marina docks upon completion of the project and sent to the'U,S, Army Corps of Engineers, Wilmington Regulatory Field Office and the Division of Coastal.Management. 24) This permit authorizes a maximum of 169 boat slips, Any proposal to add one or more additional boat . slips to the existing facility would require a permit modification from the Division of Coastal Management. JUL-08-2005 09:52 From: To:4 a -05 Waterfronte Development,LLC Page 4 8 of Page a 5 S ADDITIONAL CONDITIONS Sedimentatlon nod Eroslon Control 25) Appropriate sedimentation and erosion control devices,measures or structures (e.g. silt fence,diversion swales or berms, etc,) shall he implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and/or properties. 26) bi order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. NO An .Erosion and Sedimentation Control:Plan will be required:for this project. This plan must be (filed at least thirty(30) days prior to the beginning of any land disturbing activity. Submit this plan to the Department of Environment and Natural Resources,Land Quality Section, 127 Cardinal Drive Extension, Wilmington,NC 28405, General 27) The permittee is advised that if discharges or f ll material from waters closed to the harvest of shellfish are placed in areas adjacent to waters that are open to the harvest of shellfish,a minimum of 24 hours prior notification shall be given to the Shellfish Sanitation and Recreational Water Quality Section so that appropriate temporary closures to the harvest of shellfish may be put in place. Contact Shellfish Sanitation at(252) 726.7021 for further information. 28) In accordance with the U.S. Army Corp of Engineers,the permittee shall advise the Corps in writing at least two weeks prior to beginning the work authorized by tiii.s permit and again upon completion of the work authorized by this permit. 29) In accordance with the U.S. Army Corp of Engineers, the permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenanee Of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit,including all conditions, shall be Available at the project site during construction and maintenance of this project, 30) prior to the construction of new docks/,finger piers, the applicant shall contact the State property Office, Department of Administration.at(919)733-4336 and obtain any easements required. Endangered Spgeles 31.) The West Indian manatee (Trichechus manatus), which is listed, as a federally endangered species, has been reported in the waters of New ;Hanover County . In order to protect the West Indian manatee all work should be done during the period from November 1 to May 31. 'if work must be done during the period from .tune through October the enclosed guidelines, entitled "Precautions for. General Construction in Areas Which May Be Used by the West Indian Manatee in North Carolina" must be followed. N This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. JUL-08-2005 09:52 From: To:4 P.6'6 Waterfronte Development,LLC Page Pge 5 S 8 of 5 S ADDITIONAL CONDITIONS OTE: The N.C, 'Division of Water Quality has authorized the proposed project under General Water Quality Certification No. 3400 (DWQ Project No. 0S0127),which was issued on 5/3/05. NN The U.S,Army Corps of Engineers has assigned the proposed project COE Action Id.No, 200500752, 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. OT All mechanized equipment should be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants,hydraulic fluids,or other toxic materials. in the event of a spill o.f petrol.eum products or any other hazardous waste,the permittee shall immediately report it to the N.C. Division of Water Quality at(919)733.5083, Ext. 526 or(800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act shall be followed, XOTE Tn accordance with the U.S. Anny Corp of Engineers, if the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work,he s11411 immediately notify the Wilmington District;Engineer who will initiate the required coordination procedures, DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Waterfronte Development,LLC c/o Stewart Pitman for Waterfronte Villas and Yacht Club 2. LOCATION OF PROJECT SITE: The project is located at the end of Spencer Farlow Drive, adjacent to the Carolina Beach Yacht Basin, in Carolina Beach,New Hanover County. Photo Index-2000: 21-259,P, Q,R 22-24 1995: 21-240, O,P, Q 7-10 1989: 11-178, I, J,K 4-6 State Plane Coordinates-X: 2336000 Y: 113300 GPS-0-011718A 3. INVESTIGATION TYPE: CAMA/Dredge and Fill 4. INVESTIGATIVE PROCEDURE: Date of Site Visit—01/17/05 Was Applicant Present-No 5. PROCESSING PROCEDURE: Application Received—01/18/05, completed on 4/29/05 Office-Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan—Carolina Beach Land Classification From LUP—Developed (B) AEC(s)Involved: PT, EW, ES Water Dependent: Yes (D) Intended Use: Commercial/Residential (E) Wastewater Treatment: Existing—Municipal Sewer Planned: None (F) Type of Structures: Existing—Waterfronte Villas (including town homes,marina, maintenance building,bulkhead and docking system) Planned -Additional slips (G) Estimated Annual Rate of Erosion: N/A Source-N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A)Vegetated Wetlands (B)Non-Vegetated Wetlands(Open 275,310 sq. ft. 1,596 sq. ft. water) (dredged area) (incorporated) (C)Other—Highground(Spoil Fred Graham Island Disposal) 379,620 sq ft (8.71 acre disposal island) (D) Total Area Disturbed: 656,449 sq ft(15.07 acres) (E) Primary Nursery Area: No (F) Water Classification: SB Open: No 8. PROJECT SUMMARY: The applicant proposes to perform maintenance dredging around the existing boat slips within the Waterfronte Villas Marina and to construct 16 additional floating docks/finger piers. The additional docks/finger piers would create 16 new slips within the marina. Waterfronte Development, LLC Page Two 9. PROJECT DESCRIPTION Steve McCurry, on behalf of Waterfronte Development, LLC, has requested that the attached application be processed under the Express Permit Review Program. The project site is located at the end of Spencer Farlow Drive, adjacent to the Atlantic Intracoastal Waterway and Carolina Beach Yacht Basin,in Carolina Beach,New Hanover County.To get to the site,take Hwy 421 south from Wilmington into Carolina Beach. Turn left onto Lewis Drive and then an immediate left onto Access Road. Turn right onto Spencer Farlow Drive from Access Road and Waterfronte Villas will be located at the end of the Road.The lot averages 6-10 feet above mean sea level. Waterfronte Villas and Marina currently operates as a full- service residential and commercial docking facility. The Waterfronte Villas and Marina facility is submitting this major permit application for maintenance dredging, due to an oversight,which ultimately led to the expiration of the previous maintenance permits. CAMA Major/Dredge and Fill Permit# 168-96 was originally issued to Snow's Cut Marina Townhouses c/o Northcrest Investment, Co. in December 1996.The permit was transferred to Snow's Cut Marina Townhouses c/o Ellsworth- Sloan,LLC in May of 1999,and in July 1999,the permit was transferred to Waterfronte Villas and Yacht Club. C/o Ellsworth-Sloan,LLC.The most recently renewed permit expired in December 2003.The previously issued permits included dredging activities in the areas surrounding the floating docks as well as the entrance to the boat basin.The applicant has historically used, and maintained,the same disposal area that is included as part of this permit application. The Waterfronte Marina facility is comprised of approximately 4.37 acres and is located at the far end of the Spencer Farlow Drive.The facility is used to provide marina services to the residents of the Waterfronte Villas,as well as for commercial use. Existing man-made features on the tract include: several town home units, a docking facility, maintenance building,swimming pool,club house,and a bulkhead.The tract is developed with very little vegetation. Lawn grasses and ornamental landscaping represent the majority of on-site vegetation.The Fred Graham tract(disposal island),however,exhibits a wider variety of vegetated species including:Wax Myrtles(Myrica cerifera),Yaupons(Ilex vomitoria),Marsh-elder(Iva frutescens),and Grounsel-bush(Baccharus halimifolia).A section of coastal marsh exists along the perimeter of the spoil island and consists primarily of Smooth Cordgrass Marsh(Spartina alterniflora)and Black Needlerush (Juncus roemarianus). Upper coastal wetlands species such as Salt Grass (Distichlis spicata), interspersed with Sea Lavender (Limoium carolinanum), Salt Meadow Hay (Spartina patens) and Sea Ox-eye (Borrichia frutescens)complete the transitional area to the high ground. The New Hanover County Land Use Plan classifies the area in the vicinity of the project area, as Developed. The waters in the project area are classified as SB by the N.C.Division of Water Quality. They are NOT designated as a Primary Nursery Area(PNA)by the N.C. Division of Marine Fisheries, and they are CLOSED to the harvest of shellfish. PROPOSED PROJECT Waterfronte Villas, LLC, is proposing to perform maintenance dredging within the area surrounding the existing boat basin and create additional slips by adding 16 additional floating docks/finger piers. The dredging proposal includes the removal of approximately 10,470 cubic yards(437' x 630' area)of material from the existing boat basin.The applicant previously maintained a depth of approximately—6' (below Normal Low Water(NLW)) within the boat basin. The material in the area surrounding the boat basin would be excavated from the western edge of the federally maintained channel right-of-way back toward the bulkhead.The applicant has proposed to maintain a buffer of at least 10'from any surrounding wetlands with the outer limits of the dredge footprint.The material would be hydraulically dredged and disposed of on a remote island located on the northern end of Carolina Beach. The island,owned by Fred Graham,has historically been used as a disposal site for numerous facilities in the area. Waterfronte Development, LLC Page Three In addition to the dredging project,the applicant is proposing to add 16 additional floating docks/finger piers to the existing dock system,creating 16 additional slips.The location of the proposed docks,as indicated on the work plat drawings, are as follows: one 3' x 40' floating dock would be located at the terminal end of A-dock. The floating dock/finger pier would extend towards the north and would be located within the established riparian corridor. Three floating docks(3' x 42', 3' x 35' and 3' x 30')would be located along B-dock just waterward of the bulkhead. Six floating docks(2-3' x 30', 3' x 35' and 3-3' x 40')would be located on the landward side of C- dock, four located on the northern side of C-dock and two located on the southern side. Five-floating docks/finger piers(all 3'x 30')would be located along the landward side of D-dock,three on the northern side and two on the southern side. Lastly,one floating dock/finger pier(3' x 30')would be located along the landward side of E-dock, adjacent to the bulkhead on the northern side. Water depths, in the vicinity of the floating docks/finger piers,vary and range in elevation from—0.5' to—4.7' NLW.The areas surrounding the proposed floating dock/finger piers are included as part of the overall dredge footprint. 10. ANTICIPATED IMPACTS The proposed maintenance dredging would disturb approximately 275,310 square feet of previously excavated bottom area. The project would include the removal of approximately 10,470 cubic yards of material from the system.Minor increases in turbidity should be expected during excavation,however no long term adverse impacts are anticipated. Spoil disposal would disturb approximately 8.71 acres of high ground at the proposed spoil disposal site.A Sedimentation and Erosion Control Plan would be required for the disposal site.Additionally,the applicant would also be required to obtain a 401 Water Quality Certification from the Division of Water Quality prior to project initiation. The previous permit allowed dockage for up to 151 vessels within the marina basin.The proposal to add 16 additional slips would bring the total number of available slips at the facility to 167.The proposal is within the 25%additional allowance for marinas and would not require the preparation of a NCEPA document. Submitted by:Jason Dail Date:4/29/05 Office: Wilmington Recommendations for State Permit—Waterfronte Development, LLC Because this area of the AIWW is maintained for commercial navigation, I recommend the project be approved with a five (5)year maintenance clause including the following conditions 1. In order to protect juvenile shrimp and finfish populations,no excavation or filling will be permitted between April I and September 30 of any year without the prior approval of the Division of Coastal Management, in conjunction with the Division of Marine Fisheries. 2. Excavation will not exceed-6 feet below the normal water level 3. The temporary placement or double-handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 4. No excavated or fill material will be placed at any time, in any marsh or surrounding waters,outside of the alignment of the fill area indicated on the workplat(s). 5. All unconsolidated material resulting from associated grading and dredge spoil placement shall be retained on site by effective sedimentation and erosion control measures. Prior to any land-disturbing activities, a barrier line of filter cloth must be installed between the land disturbing activity and the adjacent marsh or water areas, until such time as the area has been properly stabilized with a vegetative cover. 6. Refer to docking facility conditions for proposed floating docks/finger piers. NOU-24-2004 13:05 From: To:910 458 3274 P.2 B (C� v 'D Form ECM - TM 1 .6 - APPLICATH BAN 19 M COASTAL ISIO F (Te be Completed by all appllaaata) MANAGEMENT b. City. or 1 uwk 1. APPLICANT c. Street addro or vecomary road number a. Landowner: d. is propaed work Within city limits or planning jurisdktdoO =Yea No Address, e. Nam of body of crater nearest project (e,g. riv,17 et. ci`7l.L �L" ` �� State Novae0k• ) /f17 Zip 74` P Day Phone 3. DON AND PLANNED USE OF PROPOSED PROJECT b. Authorized Agent: 2 Name C' s. Lin all development activities you propose (e.g. building a home.motel.Tsarim bulkhead,pier,and Address � - 2c, excavation and for tilling a wA des. M w City�iA-•ram%.r4 /�es�� $tube ti��.. 4 , zip 24 Y 1i My Phone q/2��3s b. Is the proposed scdvity maintenance of w egg project, new work,or both? Zry 7% c. Will the project be for public,private or commercial e. Project Dame(if say) 4,1�� use? /ft/ d. Dive a brief description of purpose,use,methods of coauavcdon and daily operations of proposed aMZ- Pwmk wW be teal i d ..r�. project. It more space Is needed, please atnch ado M�Z'7' . 2. LOCATION OF PROPOSED PROJECT a. County //=�✓ �f'��'�-� _ Aevbed 06W" . NOU.24-2004 13:05 From: TM � TM Z TMTo:910 458 3274 P.3 .ZL.1J 19 2005 Form DCM-MP-I DIVISION OF COASTAL MANAGEMENT m. Describe existing wastewater treatment facilities. 4. LAND AND WATER CHARACTERISTICS �_a. Size of entire tract j 2 r � n.. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary b. Size of individual lot(s) Nf' wastewater, industrial/commercial effluent, 'wash down" and residential discharges.) c. Approximate elevation of tract above Mliw or NWL fr l 01), „ d. Soil type(s) and texture(s)of tract o. Describe existing drinking water suppler source. t. Ve etation on tra,;t �JC w �,,. . 't /fit-f f. Man-made features now on,er a S. ADDITIQNAL INFORMATION g. What Is the CAMA Land Use Plan land In addition to the completed application form, the classification of the site? (Camuk Aw toot land we pkn.) following items must be submktted: Conservation Transitional 0 A Copy of the dad (with state application only)or 4---Developed Community Rural Other other instrument under which the applicant claims title to the affected properties. If the applicant is not h. Now Is the tract zoned by local government? claiming to be the owner of sold property, then forward a copy of the dead or other instrument under which the owner claims title, plus written permission i, Is the proposed project consistent with tho applicable from the owner to carry out the project. zoning? ✓ Yes No (Attach INU118 calWliwce fvWcwt. (tappuovbW • An aaurate, dated work plat (including plan view and cross-sectional drawings)drawn to scale In black j. Has a professional archaodlogical assessment been Ink on an 8 1/2" by I V white paper, (Refer to done for the tract? Yes No Coastal Resources Commission Rule 71.0203 for a If yes, by whom? detalled 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? ?� Ycs —No Engineers regarding that agency's use of larger Coastal (marsh)✓ Other drawings.) A site or location map Is a part of plat If yes, has a delineation been conducted?, requirements and It must be sufficiently detalled to (,teach documak adore, V o dlaWe) guide agtncy personnel unfamiliar with the area to the ReAnd 03�95 NOV-24-2004 13:05 From: 910 458 3274 PA • E D CEIVE • r D JAN 1 9 ;2005 Form DCM-M?-1 DIVISION OF COASTAL MANAGEMENT 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 waterrront (riparian) landowners and application will allow only the development described in signed return receipts as proof that ouch owners the application. The project wUl be subject to conditions have received a copy of the applicetion and plats and restrictions contained In the permit. by cerdfled mail. Such landowners must be advised I certify that w the best of my knowledge,the proposed that they have 30 days in which to submit comments , activity complies with the State of North Carolina's on the proposed protect to the Division of Coastal 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 �ter, k �'�"� I certify that I am authorized to grant, and do In fact, Address � , � Y/L-y t..-/n t,f Yo grant permission to representatives of state and federal Phone —` y y'/. review agencies to enter on the aforementioned lands In connection with evaluating information related to this Name permit application and follow-up monitoring of the Address I eD- 'G project. Phone Name I further certify that the Information provided In this Address application Is truthful to the best of my knowledge. Phone This is the 33 day of ��?✓ ,-i9 • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, Print Name permitted, and issuing dates, j �- T 164 C Signature larAkftmr or AudwrOrd Apw • 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 proeasing the ✓ DCM MP-2 Excavation and Fill Information application. _ DCM MP-3 Upland Development ' • A signed AEC hazard notice for projects in — DCM MP4 Structures Information oceanfront and Inlet areas. — DCM MP-9 Bridges and Culverts DCM MP-6 Marina Development • A statement or oampUance with the N.C. NOTE: Please ,rigs and dale each attachment In the Environmental Policy Act (N.C.G.S. I13A - I to space provided at tltc bottom g(each form. 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. AMsed OJ/95 NOU-24-2004 13:05 From: To:910 458 3274 P.5 Farm DCM-MP-6 Q V E MARINA JAN 19 2005 DIVISION OF DEVELOPEMIENT COASTAL MANAGEMENT (Required for the mooring of more than 10 ►esscls) Attach this form to Joint Application for CAMA 1N Jor g. Typical boat length I PerW4 Form DCM-MP-1. Be sure to complete all Other sections of the Joint Application that relato to this h. Maximum boat length Proposed project. 1. Are any floating structur planned? -e1 L MARTNA CHARACTERISTICS if so, describe - _ ,� v� S a. Check below the type of marina proped. _! Commercial Public" Residential b. Will the marina be opSrf to the general public? Z- MARINA OPERATIONS Yes _ L,1 _ No c. If there is residential development associated with a. Check each of the following sanitary facilities that will be included in the proposed project., the'marina, how many units or lots are planned and Office toilets how man ere currently de clop ? ,� Topers for patrons yf- Number` - Location tt G _ d. Check all of the ',�- Showers types of services to be provided. „p Full service, including travel lift and/or rail —,1.Boat holding tank pumpout Type and location �. Dockage, fuel, and marine supplies -�Dockage ("wet slips")only Number of slips a u� b. Describe treatment Dry storage '%A type and disposal location for all rani wastewater. .D"— Number of boats � Boat ramp(s) Other (describe) e• Check below the proposed c. Describe the disposal of solid waste, fish offal and P Po type of siting. trash disposal. Land cut and access channel .� Open water with dredging for basin and/or channel Open water, no dredging required ' d. How will overboard discharge of sewage fr Other (describe) be controlled?_ Y.z 1 �� c' f. Describe the typical boats to be served(for example, -` Open runabout, charter boats, sail boats, mined types). '�" e. Give the location and number of "No ewag Discharge" signs proposed. 4 4 QC f, Revised ON". 7 t4lll< rI-/v01i� )&r t NOU-24-2004 13:06 From: To:910 458 3274 P.6 Form DCM-MP-6 f. Describe the special design, if applicable, for o. Is the marina proposed within a primary or containing industrial type pollutants, such as paint, secondary nursery area? Yes No sandblasting waste and petroleum products. p. Is the marina proposed within an area open to shellfisb harvesting? _Yes = No q. Clive the location and number of "Pumpout Available" aigas proposed. N g. Where will residue from vessel maintenance be disposed of? �1 Appkwtw hou N� h. Give the number of chaaml markers and "No JL2�= Wake" signs proposed. _ IV -*— i. Give the location of fuel-handling facilities, and ate describe the safety measures planned to protect area water quality. /L' I j. Describe design measures that promote boat basin flushing or circulation and that seduce water quality impacts, Al •�/� - k. What will be the marina policy on overoig t 8nd live-board doge? --.v a I. Is the proposed marina located near any shellfish leases? Yes = No If yes, give the name rod address of the leaseholder. m. If this project is an expansion of an existing marina, what types of services are currently provided? n. How many slips are now available AD NOV-24-2004 13:07 From: To:910 45e 3274 P.10 Form DCM-MP-4 STRUCTURES (Construction within public Trust Areas) Attach this form to Joint Application for CAMA Major Mooring buoys Permit, Form DCM-MP-1. Be sure to complete all (1) Commercial,_,,,Community_Private other sections of the Joint Application which relate to ) Number this proposed project. Description of buoy (Color, Inscription, size, anchor, etc.) a. Dock(s) and/or Pier(s) (1) !Commercial `Community Private (2) Number (3) Length (4) Width o body (4) Width (5) Distance oy(s) to be placed beyond (S) Finger Piers No sboreltna (i) Number i (ii) Length , V Y 7-! f. Mooring structure(boats mooring pilings, etc.) (iii) Width y (1) ,_,_Commercial _ mmunity Private (6) Platform(s) _Yes ✓No (2) Number (i) Number (3) Length (ii) Length (4) Width (iii) Width (7) Number of slips proposed g. Other rcdw cowft we deraipdcN (8) Proximity of structure to adjacent riparian I(Yies property lines (9) Width of water body (10) Water depth at wattrward end of pier at MLW or NWL Boathouse (including covered lifts) 1) Commercial Private (Z Length (3) th N� Applicant or Project Nome c. Groin (e.g. sbeetpile. etc.) t,,,� (1) Number (Z) Lengtb(s) Nis �—, - d. Breakwater (e.g. wood, sbeetp' , c.) (1) Length (2) Average distance from MEW, or wetlands (3) Maximum distance beyond MHW, or wetlands RevLied 03195 NOU-24-2004 13:07 From: To:910 458 3274 P.11 vWM DCM-W4 IvIrCAVATION AM FILL aait eatl�wdl AdUb Old tbrm to tdat Applbasdoa Ibr CAMA Mtdor pwqtk formdoff Milan�70�4p Ile pl{was rdea CONOM � 1• r,J[CAVATiOr1 Prolmrod prof' S. Amaaat or MAIUM a be aoav ed 0bb� geterlbe below dW putpere of ptapasod acavadae or MHW or NWL is cable yard,.,�� fill eetivitlea. All vdM b IN pivaa IN het• b. TW or mtaam to be ewesatad.- AMnp fled ago *I we to be OMMW IMOWIG NOW JAWS MAMA tP r Obit C. A �rad.0 (uM *). rAmwipd afislo vgdwm Awxu pAVa)of other weltaade'1 Yea .JG* tetIa MN'bt d. Msbt *M ncevet M Is cable P* Gad 2. DL4 W"dF EXCAVATED MATERIAL j baabt / a. ImWoe ordtapad va "` But r`✓. *aW b. Dltttt AWS of dlapaad Rock - Pain e po you dgm dde,"Almd and No lteele K eo, sack a kW rod"pemdabm hoot 69 breakwater owaa. d. WM. a_dkponl_area. be a,ntpablo tlbr Nacre aft ✓4a No n?lR.. a K ya.wba — j' aMnon. NOW W" NOV-24-2004 13:07 From: To:910 458 3274 N.1d Form DC1M•MP■2 e. Does the disposal area include any coastal wetlands Y(1) Amomt of MOWai to be placed in the (marab). SAVs or oth wetlands? yes NO water (x) Imensiom of All area f. Does the disposal inCluo say area In the waW (3) pn a of fill_ - Yes _-- No b. Will fill matorisl be Iacod In coastal wetlagda 3. SHORELINE STABJLIZATION (marsh), SAW or other etlatWls? Yes —No if yes, a. Type of shoreline stabllizatha (1) Dimonsio�of fill area Bulkhead Rlprap (2) Pyfpop of fill N. b. no C. AV age distance weterward of MHW or NWL 5. GENERAL d. Ma�Imdlstance weterward of MiiVN or NWL a. How will excavated or fill material be kept on site / c. Shoreline ero ion during preceding 12 months and erosion controlled? (saareit Qf 61/hn"d _�.+� f. Type of bulkhead o rlprap aaaterlal b. What type of construction equipment will be used (for example. dragline, backhoe. or hydraulic g. Amount of fill in cubic ards to be placed below dredge)? water level (1) Riprap (2) Bulkhead backflll c. Will wetlands be craved in tranepottij equipment h. Type of fill material to project site? _yes � o It yes, explain steps that wUl be taken to team environmental Impacts. -- 1. Source of fill material 4. R FELL ACTIVTTXES Affugm o,�Nwe TAciudln as Stabilization) � -- �� sl�Mtro / a. Will fill material be bmugh ._yes __..No ate Otrrlsed 03196 Page 1 of 1 CHESS '' ,IETT OM Rp rS RF,gCM GOLDEN RD E88 DR �- LJ 4 GROVP�1N's' 'P Ptt7� Z ui x r kp ' LAnpq➢ Ll-W Y FAULKENBERRY,RO N` u7 O CD #ftrrz SAND BAR LN pp <g n'HEATHCLIFF RD e•• O Z a PRIVATE N% Z PRIVATE�I k o'pR�L1FirriM I Y1fILL1AR4S RD op O Lu Q �� _ i?JU 9�Zc (A� SUNRISE LN � < J < 421 p F- ++�9 PRIVATE ^ Q VA 0 C) yQ7- 'EGRET POINT RD PRIVATE. Qfi EDGEWATER MHP RDA SEAVIEW RD W SEAVIEW RD E PRIVATE` PRIVATE PRIVATE SUMMER TREE LN C4iiMPlEY LN• , Created 01J011U5 421 HILL-VALLEY WLK 0 000 http://wwwdefault.ahegov.com/outpuUadvmap_SRVWEB 113 5 7213 8163 80.j pg 1/7/2005 Ln I '' or a' zb AgC3 1 �9 SITE LO ON y ri "stir 7•" _�.^'1 .Y-'�^ R A. r, r _tee'• �,�P gym/ Q, :J:5z� S:t^K��4 Jy1 -.y. 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PROJECT LOCATION MAP _. •[•: ♦. :•;-.Say'It' ...lI"ti++L�l12,!'• SCALE IN MILES SNOWS CUT MARINA TOWNHOUSES CAROLINA BEACH, NEW HANOVER COUNTY, N.C. BY: NORTHCREST INVESTMENT COMPANY 803 CANAL DRIVE CAROLINA BEACH, N.C. DRAWN BY: WILLIAM H. WARREN, JR. I I t Y � 1 � ��c _ •2 yy �-. er 4 +}y a aT t di Y ier,• ..w..+�- 7�Asa��- a.` '�ti±t•" S�-L��.y�. ���� �y's7'L t{buy p �`i::... "'_ ���� irsaltk � �z�•o-a-} �i � `ro =fie' .+' 1 r IV N. , A r; k + fff � 1 ` dd'� "• • i i 11 Navigation Channel E!!!!��Feet y �a k„ SNOWS CUT ASSOCIATES, LLC PO BOX 306 CAROLINA BEACH, NC 28428 (910) 458-0457 FAX (910) 458-3274 December 21, 2004 Jason Dail NCDENR 127 Cardinal Drive Extension Wilmington,NC 28405 PROJECT NARRATIVE The purpose of this project is to complete the construction of the improvements outlined in permit# 168-96, with some minor modifications, as well as to allow for future maintenance dredging. Through an oversight during the transition from the original development to Waterfronte Development, LLC the above referenced permit was not renewed. All of the proposed improvements are within the previously permitted riparian corridor. Smc ely, Steven H. MacCurry WATERFRONTE DEVELOPMENT, LLC PO BOX 284 WRIGHTSVILLE BEACH,NC 28480 DECEMBER 20, 2004 Jason Dail NCDENR 127 Cardinal Drive Extension Wilmington,NC 28405 Dear Mr. Dial: Waterfronte Development, LLC hereby appoints Snows Cut Assocoates, LLC, Steven H. MacCurry PO Box 306, Carolina Beach,NC 28428 to act as our agent for the purpose of applyin f C MA ermit. Waterfronte Development, LLC Op DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Waterfronte Development, LLC County: New Hanover C/o Stewart Pitman for Waterfronte Villas and Yacht Club LOCATION OF PROJECT: at the end of Spencer Farlow Drive, adjacent to the Carolina Beach Yacht Basin, in Carolina Beach. DATE APPLICATION RECEIVED COMPLETE BY FIELD:4105 MAY 0 4 Z005 FIELD RECOMMENDATION: Attached: YES To Be Forwarded:No CONSISTENCY DETERMINATION: Attached:No To Be Forwarded:Yes Morehead City DCM FIELD REPRESENTATIVE: Jason Dail DISTRICT OFFICE: Wilmington DISTRICT MANAGER REVIEW: Dy�?d�a� B) DATE APPLICATIO14 RECEIVED IN RALEIGH: FEE REC'D:$ o.'!R PUBLIC NOTICE REC'D: C6/0 Z/06 END OF NOTICE DATE:(523/oS ADJ. RIP. PROP NOVICES REC'D: DEED REC'D: APPLICATION ASSIGNED TO: u, ON: C) 75 DAY DEADLINE: C'�L Le 6 150 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 Division of Water Quality Storm Water Management(DWQ) State Property Office Division of Archives&History Division of Environmental Health Division of Highways Wildlife Resources Commission Division.of Water Resources Division of Marine Fisheries Submerged Lands(DMF) Permit# 8(.(" O DCM Coordinator: �M.A"ILING DISTRIBUTION: Permitee: b3 �s c,�f- Agent: DCM Field Offices: WaEloi­�pheadCl rs�inRton* ilm' on • US Army Corps of ngineers(USAGE): Washington: Mike Bell(NCDOT) Bill Biddlecome(NCDOT) Raleigh Bland Wilmington: Dave Timpy Others: Cultural Resources: Public Water Supply: ra Beno Ired Hill�W Marine Fisheries: c$S NCDOT: '. Ken Shellfish Sanitation: a F State Property Office: \ Water Quality: 'Karol for non-DOT John Hennessy(NCDOT) Wildlife Resources: Maria Tripp \ teve Ever a Travis ilson(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(USAGE): Washington: Mike Bell(NCDOT) Bill Biddlecome(NCDOT) Raleigh Bland(252-975-1399) Wilmington: Dave Timpy(910-251-4025) CAMA Major Permit Process Manual Page 70 of 76 } s 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 8, 2005 CERTIFIED MAIL#7005 0390 00013200 3072 RETURN RECEIPT REQUESTED Mr. Stewart Pittman 1214 Canal Dr.#103 Carolina Beach,North Carolina 28428 RE: CAMA Major Permit Application Waterfronte Development,LLC New Hanover County Dear Mr. Pittman: The Division of Coastal Management hereby acknowledges receipt of your application for the construction of additional slip and maintenance dredging for Waterfronte Development, LLC,adjacent to Myrtle Grove Sound, in New Hanover County. However,your application lacks information necessary for complete processing.The attached checklist indicates the deficiencies of your application. If you respond within three working days from the date of this fax or E-mail,or within five days from the receipt of this letter with the required additional information, processing of your application will promptly continue and will not be placed on hold. If you are not able to respond within three or five days,your application will not be accepted as complete for processing. Additional information may be required pending further review by the fifteen(15)review agencies. The attached checklist indicates the deficiencies of your application. If you have any questions concerning this matter, please call me at my Wilmington Office at(910)796.7215. Sincerely, 4 Vbb Mairs Field Representative cc: Doug Huggett Wilmington Files 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-796-7215\Fax: 910-395-3964\ Internet: http://www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper N CHECKLIST OF ADDITIONAL INFORMATION AND RECOMMENDATIONS FOR PROCESSING APPLICATION 1. A cross-sectional(side view)drawing of the proposed structure indicating the following features: Mean low water and normal high water lines. Water depths with elevation contour lines or transects of a section of to the entire existing marina basin adjacent to the AIWW. 2. Top or Plan View Drawing Your application must included a drawing(s)showing the following that are applicable: Existing and proposed features(ie. dunes, shorelines,water bodies,marsh lands,wetlands,existing and proposed man-made structures,exact areas and dimensions of proposed excavation,fill and/or spoil disposal,existing water depths throughout existing marina basin,approximate mean high, low,and average water levels, property boundaries and riparian corridors,width of the adjacent waterbody,distance of proposed structure(s)to federally maintained channels,and names of adjacent property owners). 3. Deed Your permit application package must include a copy of a deed, purchase agreement or other legal instrument under which the applicant claims the right to develop the property in question. 4. Consultant or Authorized Agent If an authorized agent has been retained to obtain your CAMA permit,you must provide a letter granting your agent the right to apply on your behalf. 5. Project Narrative A narrative description of the proposed project should also be provided. This narrative should discuss the character and purpose of the proposed development. construction methodologies and any other special or relevant considerations. 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-796-7215\Fax: 910-395-3964 \Internet: http://www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper \ I DEPARTMENT OF THE ARMY WILMINGTON DISTRICT,CORPS OF ENGINEERS _ P.O.BOX 1890 WILMINGTON.NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF: June 20, 2005 RIP F011JED Regulatory Division C J U N 2 $ 2005 Action ID No. 200500752 Morehead City DCM Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City,North Carolina 28557-3421 Dear Mr. Huggett: Reference the application of Waterfronte Development, LLC for a Department of the Army permit to perform maintenance dredging around the existing boat slips within the Waterfronte Villas Marina and to construct 16 new additional floating docks/finger piers at your facility located at the end of Spencer Farlow Drive, adjacent to the Atlantic Intracoastal Waterway and Carolina Beach Yacht Basin, Carolina Beach,New Hanover County,North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the attached plans,which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE)prior to implementation. 2. The permittee understands and agrees that, if future operations by the United States require the removal,relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters,the permittee will be required, upon due notice from the U.S. Army Corps of Engineers,to remove, relocate, or alter the structural work or obstructions caused thereby,without expense to the United States. No claim shall be made against the United States on account of any such removal, relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit N CS261, 1315 E West HWY-RM 7316, Silver Spring,MD 20910- 3282 at least two weeks prior to beginning work and upon completion of work. 3. Except as specified in the plans attached to this permit,no excavation, fill or mechanized land-clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 4. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land-clearing activities shall take place at any time in the construction or maintenance of this project,within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 5. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants,hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste,the permittee shall immediately report it to the N.C. Division of Water Quality at(919) 733-5083, Ext. 526 or(800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 6. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 7. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard,through regulations or otherwise,on authorized facilities. For further information,the permittee should contact the U.S. Coast Guard Marine Safety Office at(910) 772-2191. 8. In order to protect juvenile finfish resources, no excavation or filling activities will be permitted between the dates of April 1 and September 30 of any year without the prior approval of the North Carolina Division of Coastal Management and the U.S. Army Corps of Engineers. 9. All excavated materials will be confined landward of the mean high water level elevation contour and any vegetated wetlands. 10. All excavated materials will be confined landward of the mean high water level elevation contour within adequate dikes or other retaining structures to prevent spillover of dredged materials into any vegetated wetlands or surrounding waters. 2 11. Flow from the diked retention area will be confined by pipe, trough, or similar device to a point at or below the mean low water level elevation contour to prevent gully erosion and siltation. 12. Excavation will not exceed 6 feet below the elevation of mean low water. 13. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. 14. Approval of the structure was based on determinations that there would be no obstruction to navigation. The structure may be damaged by wave wash from passing vessels. Issuance of this permit should not be construed, as relieving the permittee of taking proper steps to insure the structure and moored boats will not be damaged by wave wash. 15. The permittee shall advise the Corps in writing at least two weeks prior to beginning the work authorized by this permit and again upon completion of the work authorized by this permit. 16. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 17. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 18. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction-related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 19. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will,without expense to the United States and in such 3 time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre-project condition. 20. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. 21. The West Indian manatee (Trichechus manatus),which is listed as a federally endangered species, has been reported in the waters in New Hanover County. In order to protect the West Indian manatee all work should be done during the period from November 1 to May 31. If work must be done during the period from June through October the enclosed guidelines, entitled"Precautions for General Construction in Areas Which May Be Used by the West Indian Manatee in North Carolina"must be followed. Questions or comments may be addressed to Mr. Henry Wicker, Wilmington Field Office, Regulatory Division, telephone (910) 251-4930. Sincerely, W Henry Wicker Regulatory Project Manager Enclosure 4 Copies Furnished(without enclosure): Ms. Cyndi Karoly Mr. Wesley Crum, Chief Division of Water Quality Coastal Section North Carolina Department of Environment 61 Forsyth Street, SW and Natural Resources Atlanta, Georgia 30303 1650 Mail Service Center Raleigh,North Carolina 27699-1650 Mr. Jim Gregson, District Manager Wilmington Regional Office Mr. Pete Benjamin North Carolina Division of Coastal U.S. Fish and Wildlife Service Management Fish and Wildlife Enhancement 127 Cardinal Drive Extension Post Office Box 33726 Wilmington,North Carolina 28405 Raleigh, North Carolina 27636-3726 Commanding Officer Mr. Ron Sechler U.S. Coast Guard Marine Safety Office National Marine Fisheries Service 721 Medical Center Drive, Suite 100 Habitat Conservation Service Wilmington, North Carolina 28401-4895 Pivers Island Beaufort, North Carolina 28516 Mr. David Rackley NMFS, Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 5 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary April 29, 2005 FAX: 343-2229 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Public Notice — EXPRESS--Waterfronte Development, LLC c/o Stewart Pitman For Waterfronte Villas and Yacht. Gentlemen: Please publish the attached Notice in the May 2,2005, 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 NC DENR Customer Service Center 1640 Mail Service Center Raleigh, NC 27699-1640, The phone number is 919-733-0823. Please send the original invoice and a copy of the affidavit for payment to Lindsay LaRose at NCDENR Express Permitting, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-395-3900. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. Sincer y, CLindsay LaRose Express Permitting Admin. Assistant Enclosure cc: File Copy Doug Huggett Ted Tyndall 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-395-3900\Fax: 910-350-2004\ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an Area of Environmental Concern as designated under the CAMA was received on January 18, 2005. According to said application, Waterfronte Development, LLC c/o Stewart Pitman for Waterfronte Villas and Yacht Club/located at the end of Spencer Farlow Drive, adjacent to the Carolina Beach Yacht Basin, in Carolina Beach, New Hanover County/ proposes to perform maintenance dredging around the existing boat slips within the Waterfronte Villas Marina and to construct 16 additional floating docks/finger piers. The additional docks/finger piers would create 16 new slips within the marina. A copy of the entire application may be examined or copied at the office of Jason Dail at N.C. Environment and Natural Resources, Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, North Carolina 28405, (910-395-3900) during normal business hours. Comments mailed to Charles S. Jones, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557, prior to May 23; 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. r 1 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary April 29, 2005 Waterfronte Development, LLC C/o Stewart Pitman PO Box 284 Wrightsville Beach,NC 28480 Dear Mr. Pitman: The Division of Coastal Management hereby acknowledges receipt of your application, for State approval for development of the subject property located at Spencer Farlow Drive,in Carolina Beach,New Hanover County. It was received as complete on 4/29/05,and appears to be adequate for processing at this time. You have requested that the application be processed under the Express Review Permitting Program.Under this expedited process,the projected date for making a decision will be around 5/29/05. 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 Spencer Farlow Drive. Some examples would be: Nailing the notice card to a telephone pole or stake along the road right-of-way fronting your property. Failure to post this notice could result in an incomplete application. Sincerely, f ason D DCM Express Permit Coordinator cc: Doug Huggett, DCM Ted Tyndall,DCM Henry Wicker, COE Debbie Wilson, LPO 127 Cardinal Drive Extension,Wilmington,North Carolina 28405-3845 Phone:910-395-3900\Fax:910-350-2004\Internet:http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper '­.J L CAMA ERMIT APPLI F P 01 . Jv�1! Lt DDSCS tb y f-by Yn mmnknet. Z��cti a:t iid& dx1s+-1v%cj ' ho slips wi+h% jr) I T rsc 9� - Cc / !fino- ,rTg COMMENTS ACCEPTED THROUGH - �Aa FOR MORE DETAILS • ` . • • THE • • PERMIT OFFICER BELO\N� ��i �l► �•l� 1 �1", WC ■ • Oa St l�n aglyer ;tD l I 1ll _ 1 D BDA Isir v l L K�C., Z ff 4%t3 \tychvl -Y*)at k q1D- 3q5 _ ,3cjtjb SENDER: COMPLETE COMPLETEON DELIVERY ■ Complete items 1,2,and 3.Also complete I Atdelivea Sinature item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse ❑Agent so that we can return the card to you. ❑Addressee ■ Attach this card to the back of the mailpiece, ted Name) C. Date of Delivery or on the front if space permits. 1. Article Addressed to: different from item 1? ❑Yes ery address below: ❑ No 4 3. Service Type 015ertified Mail ❑ Express Mail 1�C Z--Z El Registered ❑ Return Receipt for Merchandise / ❑Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) ElYes 2. Article Number (Transfer from service label) PS Form 3811,August 2001 Domestic Return Receipt 2ACPRI-03-P-4081 Postal � ��� I•LI f U rl rlMAIL-rmRECEIPTCERTIFIED E3 C3 (Domestic Mail Only;No Insurance Coverage Provided) o E3 M m ru ni ru rrl m r-R rq Postage $ E3 C3 E3 C3 ` O O Certified Fee ��� O O C3 '��� ❑ O Return Reciept Fee Postmark (Endorsement Required) Here ❑ ED --- Restricted Delivery Fee 0 — O O (Endorsement Required) �� Total Postage&Fees m m O O Sent To 3 O Street,Apt.No.; --- --- or PO Box No. f --- - -- ------------ City,State,Z/P+4 -----—v-�-✓�--------------------------------------- .%f �y6I-,- >-- UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • IINN r LO o � Lon a ` o a o • ��• O C3 m ru m m m ru ru ��ME—m— Postage $ C3 . O O Certified Fee � O C] �� Return Reclept Fee Postmark �— O (Endorsement Required) Here —� ❑ O Restricted Delivery Fee C3 � � � (Endorsement Required) O C3 r-3 r-R Total Postage&Fees p 0 S t To ` C3 0 E3 ` r� r� Stre t,4pt ly e��j -=-C/-"-_?_�t.✓_ �L'k/ �1 or PO Box No. =� A` Ciry,State,ZlP+4 "" " /'/L7F--------------------------------------- 1�,,, .l,�L Zj. Q i SENDER: COMPLETE THIS SECTION COUPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse X so that we can return the card to you. ❑Addressee ■ Attach this card to the back of the mailpiece, 13. Received by(Printed Name) C. Date of Delivery or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from hem 1? ❑Yes if YES,enter delivery address below: ❑ No /2j 3. Service Type / /_ / ®'Eertified Mail ❑ Express Mail hJ r /'141 y-fZ�r-, /t/C— ❑ Registered ❑ Return Receipt for Merchandise f o ❑Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) ❑ Yes 2. Article Number (Transfer from service label) PS Form 3811,August 2001 Domestic Return Receipt 2ACPRI-03-P-4081 UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS Permit No.G10 • Sender: Please print your name, address, and ZIP+4 in this box • L r-�-I `' /4e- �-'- Z'k �U .IgN1g � CpAs AL D/V,A OF AGEMENT Prepared by: J.C.Hearne,11 Prepared By And Returned Mail after recording to: J.C.Hearne,II To: JC Hearne, 11 Excise Tax: $1,600.00 Parcel Identifier Parent No.R08806-004-008-000 Brief description for the index: 643 Acres Future Development Watefronte Villas and Unit B, Waterfronte Villas Clubhouse Condominium NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made this 31 st day of August, 2004 by and between GRANTOR GRANTEE ELLSWORTH-SLOANE, LLC, a WATERFRONTE North Carolina limited liability DEVELOPMENT, LLC company 200 S. Dawson Street, Suite 104 Raleigh,North Carolina 27601 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 Grantor, for a valuable consideration paid by the Grantee,the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in New Hanover County, North Carolina and more particularly described as follows: SEE LEGAL DESCRIPTION ATTACHED HERETO The property hereinabove described war acquired by Grantor by instrument recorded in Book 2171 at Page 158 and Book 2171 at Page 162. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. AND the Grantor covenants with the Grantee that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. �q I" Title to the property hereinabove described is subject to the following exceptions: 1. Rights of way and easements of record, if any. 2. Zoning and/or subdivision ordinances and regulations, if any. 3. Restrictive covenants of record, if any. 4. Ad valorem taxes for 2004 and subsequent years. IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in corporate name by its duly authorized officer the day and year first above written. ELLSWO H-S A , L C Seal By: William E. Dansey, r., Manager STATE OF NORTH CAROLINA COUNTY/CITY OF NEW 14ANOVER I, a Notary Public of the County and State aforesaid, certify that William E. Dansey, Jr., Manager of Ellsworth-Sloane, LLC, personally came before me this day and acknowledged the execution of the foregoing instrument. Witness my hand and official stamp or seal, this 31st day of August, 2004. iyF''�•,, otary Public My commission Expires: \\\ �G,,...• •••.,,:� 6-22-07 :'NOTARY'•• =zi .r•� iti_ 411111111111 W% O ✓q COBS p��/S/ 8 2D0 5 �4 Nq M,g of �FMFNT LEGAL DESCRIPTION TRACT ONE: BEING ALL OF .643 ACRES AS SHOWN ON MAP ENTITLED "WATERFRONTE VILLAS SECTION TWO", AS RECORDED IN MAP BOOK 40 AT PAGE 212, OF THE NEW HANOVER COUNTY REGISTRY, REFERENCE TO WHICH MAP IS HEREBY MADE FOR A MORE PARTICULAR DESCRIPTION. TRACT TWO: A UNIT.OWNERSHIP IN REAL PROPERTY PURSUANT TO CHAPTER 47C OF THE GENERAL STATUTES OF THE STATE OF NORTH CAROLINA IN AND TO UNIT B, OF WATERFRONTE VILLAS CLUBHOUSE CONDOMINIUM, AS THE SAME IS SHOWN ON A PLAT OR PLATS THEREOF RECORDED IN CONDOMINIUM PLAT BOOK 13 AT PAGE 348, OF THE NEW HANOVER COUNTY REGISTRY. TOGETHER WITH AN UNDIVIDED INTEREST IN THE COMMON AREAS AND FACILITIES AS DESCRIBED IN THE DECLARATION OF WATERFRONTE VILLAS CLUBHOUSE CONDOMINIUM RECORDED IN BOOK AT PAGE OF THE AFORESAID REGISTRY AND ANY AMENDMENTS THERETO. O ✓ �dY ��T JAN 18 2005 DIVISION OF COASTAL MANAGEMENT SUBJECT TO Easements for the State of North Carolina recorded in Book 2171,Page 146; Book 2258, Page 257 and Book 2620, Page 31 of the New Hanover County Registry. The property hereinabove described was acquired by Grantor by instrument recorded in Book 2171 at Page 162. By acceptance of this Deed Grantee,its successors,heirs and/or assigns shall be responsible for ad valorem property taxes on the boat slip whether in their name or in the name of the developer or homeowner association. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. AND the Grantor covenants with the Grantee that Grantor is seized of the premises in fee simple,has the right to convey the same in fee simple,that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: 1. Rights of way and easements of record, if any. 2. Zoning and/or subdivision ordinances and regulations, if any. 3. Restrictive covenants of record, if any. 4. Ad valorem taxes for 2004 and subsequent years. 5. Subject to the easement from the State of North Carolina recorded in Book 2171 at Page 146, Book 2258 at Page 257; and Book 2620 at Page 31 of the New Hanover County Registry. IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate,has caused this instrument to be signed in its corporate name by its duly authorized officer the day and year first above written. ELLS TH-SLO ,'LLC (Seal) By: William E. Danse , Jr , Manager STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, a Notary Public of the County and State aforesaid, certify that William E. Dansey, Jr., Manager of Ellsworth-Sloane, LLC, personally came before me this day and acknowledged the execution of the foregoing instrument. Witness my hand and official stamp or seal, this 31 st day of August , 2004. lic My commission Expires: ' pUBL1G • •_� N a Pub SUBJECT TO Easements for the State of North Carolina recorded in Book 2171, Page 146; Book 2258, Page 257 and Book 2620, Page 31 of the New Hanover County Registry. The property hereinabove described was acquired by Grantor by instrument recorded in Book at Page By acceptance of this Deed Grantee, its successors, heirs and/or assigns shall be responsible for ad valorem property taxes on the boat slip whether in their name or in the name of the developer or homeowner association. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. AND the Grantor covenants with the Grantee that Grantor is seized of the premises in fee simple,has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the properly hereinabove described is subject to the following exceptions: 1. Rights of way and easements of record, if any. 2. Zoning and/or subdivision ordinances and regulations, if any. 3. Restrictive covenants of record, if any. 4. Ad valorem taxes for 2004 and subsequent years. 5. Subject to the easement from the State of North Carolina recorded in Book 2171 at Page 146, Book 2258 at Page 257; and Book 2620 at Page 31 of the New Hanover County Registry. IN WITNESS WHEREOF, the Grantor has reunto set his hand and seal, or if corporate, has caused this instrument to be signed i its corporate name by its duly authorized officer the day and year first above written. &Q Seal William E. Dansey Jr STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER . I, JC Hearne, II, a Notary Public of the County and State aforesaid, certify that William E. Dansey, Jr., Grantor personally appeared before me this day and acknowledged the execution of the foregoing instrument. Witness my hand and official seal, this 31" day of August, 2004. � Ir xary blic My commission Expires: June 22, 2007 �G:'STAR , .�?y••. PU81.�G: D y••. �. AN 18 2005 CpAS D/��pN O NA OF GEMENT ,1441 O,gSTq1V/S/O `7% M,g NN CF Prepared by: J.C.Hearne,11 P.O.Drawer 179 Prepared By Wilmington,NC 28402 And Returned Mail after recording to: J.C.Hearne,II TO: JC Hearne, it Excise Tax: $1,800.00 Parcel Identifier Parent No.R08806-005-001-OOA Brief description for the index: F_ 41 Boat Slips, Waterfront Villas and Yacht Club NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made this 31 st day of August, 2004 by and between GRANTOR GRANTEE ELLSWORTH-SLOANE, LLC, a WATERFRONTE North Carolina limited liability DEVELOPMENT, LLC, a North company Carolina limited liability company 200 S. Dawson Street, Suite 104 Raleigh,North Carolina The designation Grantor and Grantee as used herein shall include aid parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH : THAT Grantor,for a valuable consideration paid by the Grantee,the receipt of which is hereby acknowledged, has and by these presents does grant,bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in New Hanover County, North Carolina and more particularly described as follows: SEE LEGAL DESCRIPTION ATTACHED HERETO Together with and subject to a Class B membership as defined in Article IV of Declaration of Covenants, Conditions and Restrictions for Waterfronte Villas and Yacht Club recorded in Book 2420 at Page 13 and in Book 2422 at Page 495. Together with a perpetual nonexclusive right of easement and enjoyment in the Common Areas and Facilities as described in said Declaration and the Bylaws for Waterfronte Villas Owners' Association, Inc, recorded in Book 2420 at Page 56 of the aforesaid registry and any amendments thereto. LEGAL DESCRIPTION BEING ALL OF BOAT SLIP NUMBERS 1, 2, 69 89 % 12, 13, 14, 169 179 18, 199 23, 62, 66, 709 72, 74, 86, 929 939 95, 969 97, 98, 104, 106, 107, 1099 1169 1179 118 , 119, 134A, AND 152, OF WATERFRONTE VILLAS AND YACHT CLUB AS SHOWN ON MAP OF SAME RECORDED IN MAP BOOK 38, AT PAGE 92, OF THE NEW HANOVER COUNTY REGISTRY,REFERENCE TO WHICH IS HEREBY MADE FOR A MORE PARTICULAR DESCRIPTION. TRACT TWO: BEING ALL OF BOAT SLIP NUMBERS 24, 33, 44, 45, 55 AND 56, OF WATERFRONTE VILLAS AND YACHT CLUB AS SHOWN ON MAP OF SAME RECORDED IN MAP BOOK 46, AT PAGE 73, OF THE NEW HANOVER COUNTY, REGISTRY, REVERENCE TO WHICH IS HEREBY MADE FOR A MORE PARTICULAR L 'SCRIPTION. O � s 11� ✓q1 Cp O/V 8?0� �STgC Mq N pF NA��MFN T o J4 ,41 '9STq�Viso �"4 DPP F� Prepared by: J.C.Hearne,11 P.O.Drawer 179 Wilmington,NC 28402 Mail after recording to: J.C.Hearne,II Excise Tax:$60.00 '010 Parcel Identifier Parent No.R08806-005-001-OOA Brief description for the index: Boat Slip #7, Waterfront Villas and Yacht Club NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made this 31 st day of August, 2004, by and between GRANTOR GRANTEE WILLIAM E. DANSEY, JR., WATERFRONTE unmarried DEVELOPMENT, LLC 200 S. Dawson Street, Suite 104 Raleigh,NC 27601 The designation Grantor and Grantee as used herein shall include aid parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH : THAT Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in New Hanover County, North Carolina and more particularly described as follows: BEING all of Boat Slip Number 7 of Waterfronte Villas and Yacht Club as shown on map of same recorded in Map Book 38, at Page 92, of the New Hanover County, Registry, reference to which is hereby made for a more particular description. Together with and subject to a Class B membership as defined in Article IV of Declaration of Covenants, Conditions and Restrictions for Waterfronte Villas and Yacht Club recorded in Book 2420 at Page 13 and in Book 2422 at Page 495. Together with a perpetual nonexclusive right of easement and enjoyment in the Common Areas and Facilities as described in said Declaration and the Bylaws for Waterfronte Villas Owners' Association, Inc. recorded in Book 2420 at Page 56 of the aforesaid registry and any amendments thereto. S SITE TE ~O Guou,..G.d 2 S(nLlj Co - O t. I Z Z �v •• .......• W 1 �Zq W ..13IE m oNnos 3�t0,yoW _j _� 1 00 h IT I N `Ir 0 1 1 0—A l2 ri 030N3LX3 3N17 IT �i `��SS� �S� E ;'11 it all n "'--��3d_o�/d_ I ; I 1/V/pd H8n70 I i m i v'L It ilv^i I� 'II 11 III II v)n ,j vi n _ 11 Yoost/v n ^II If III II III 11 4:11 n 1 � I In�lr' 11 1r�rJ��J 11 �11 I Ila'll 11 II II „ , 1�1r LJL� 11 III II IIN II n eu uo L IN �n u1 lr�rlrl ' �rJ� �U�JLJ� I ^ d U It I 11 „ 1 I , ui I I I Uri O II If II 11 1r1r1� _----- 1 I I o u u u ^11 it it 11 itlr��l� lr _--1 z 1. 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II 11 11 1j II 1 I•f T_ r - �_�_ ' I Q I to I 1 ,} U LIN � j v: U � U1 - I I 4 wi Sd/7S ON[USX3 I � I ^ I co v v I//) ln nvi (, oi it 11 �� ��' I� rfj n Q+ n fob � I II II II I '1 i I nl Juu I I to N '°-----^-_ 11 2- �// I N —� -------------------- ______ _ ____ __ _____ _ __---_ ----- - 15' CLEAR °" RIPARIAN CORRIDOR 1 I I 1 I I 1 I I I I I 1 I F= N 1 I , O 0- a. z 1 I Q Q � CL 41 w OMOS ICL Lj— W J ti 3�10�y9 3IL2GciY i U °0 Q 0 X ' j J x N ¢ p z � i Lu CD m� � O ° Q 2o 3 ¢ Q ! 2 V p O MAP OF THIS CER77FIES THAT THIS PLAT ACCURATELY DEPICTS THE BOUNDARY OF WA TER FR ON �� THE 1967 OR S OF SECTION 404 OF THE CLEAN WATER ACT PURSUANT TO THE 1987 CORPS OF ENGINEERS DELINEATION MANUAL AS DETERMINED BY THE UNDERSIGNED ON THIS DATE UNLESS THERE IS A CHANGE IN THE LAW VILLAS MARINA OR OUR PUBLISHED REGULATIONS, THIS DETERMINATION MAY BE RELIED UPON FOR A PERIOD OF FIVE WARS FROM THIS DATE. ISOLATED N£71A�JOS HIGH WATER LINE OR WATERS THAT ARE OUT OF CORPS JURISDICTION HAVE BEEN LABLED CAROLINA BEACH ONrE SURVEY. NORTH CAROLINA - Q OWNER: WATERFRONTE DEVELOPMENT, LLC Sr RE U. A Y PS OF ENGINEER."OFf7 L TITLE 0 DATE Q P.O. Box 284 N.C. GRID COORD. WRIGHTSWLLE BEACH. N.C. 28480 EXPRIATION DATE OF DEUNEATION: .oa gd! N:120440.85J O USACf ACTION 10: OSl� E.233890 7570 CAMA LINE BEARING do DISTANCE .TABLE LINE BEARING DISTANCE P1 L1 S 23'1504' E 45.68 T1-19 RIGTH OF WAY �1 L2 S 08'23'51" E 29.23' MONUMENT SPOIL P2 tTl 0 L3 S 14'59 56 E 28.19' (NOT FOUND COMPUTED G o L4 S 35'53 FROM RIGHT OF WAY MAPS) P3 55 'E 82.62 z L5 S 16'00'33 W 41,53 W P4 o L6 S 05'201 Q W 28.14' L7 S 14"15 57 W 43,69 `� r L8 S 69'56'04 E 52.45' CAMA LINE z L9 S 04'38 22" W 23.53' L10 S 54.22'53 E 40.83 ' L11 S 19'08 08 E 49.01 P6 L12 S 12'10 26' E 45.10 RISER �° P7 L13 N 47'07'11" W 19.60' c�/ SPOIL ^ 04 N 342439 W 9.84' +\ v L15 N 11'53'45" W 15.79' P9P1 Lib N 41'3243" W 9.71' L17 N 54'47'32" W 14.44' L18 S 67-18*29" W 42.29' 3� L 19 S 2850'31" E 46.83' v L20 S 34'30'48" E 31.38' L18 L21 S 05.58'41" E 15.78' MLW LINE �Q L22 S 03'56'54 W 30.82' Q �� P21 N NOTES L23 S 45'41'04" E 17.27' P22 x� 3 1. CAMA LINE AND HIGHWATER LINE L24 S 35'24'52" E 22.99' HIGH WATER LINE FLAGGED BY OTHERS SURVEYED L25 S 87'36'37".E 23.36' O aC o FEB. 2005 P24 L26 S 19'12'46" E 35.23' a Q N 2. WATERWAY RIGHT OF WAY TAKEN L27 S 013408 W 27.36' � P27 3. ALL COORDINATES ARE N.C. �� FROM US ARMY CORPS MAPS L28 S 61'04'56 W 16.54' �. �? �� L29 S 66'51'26" W 32.69' GRID NAD 1983 L30 S 19'36'28" W 20.37` W � 50' 4. COORDINATES ARE BASED ON L N L31 S 63'5651" W 25.39' /\ °' N.C. GRI�, ONUMENTS WATERWAY 49'OS'47" W 16.22' J ANp F��!(3 ,.� L32 S L33 S 36'29'11 W 40.33' P32�2 L34 S 06'14'10" W 21.82' P33 ' { 'L L35 S 56'37'21" W 51.78' P1Y DIKE WALL �'� 112 L1'. 'k=�iL L36 S 19'16'19" W 22.36 KEDGE FRED GRAHAM L37 S 56'04'22' W 32.62' EN rER� 111 I' ..`k%�I�'; BOOK 778 PAGE 63 110 "� L38 S 47'17'45" W 42.76' �5 � . L39 S 46'13'40" W 56.8 V 109 L40 S 74'30'58" W 48.77' L41 S 62'55'00" W 35.31' 08 --- TRACT LINE TAKEN FROM NEW HANOVER CO.. GIS r_ � L42 N 72'4258" W 4 4.6 1 � \1 107 JONATRA, \L."WAYNE pt;S'�3391 L43 S 87'43'40" W 64.03' 106 �', 81 � 105 HANUER NICE P.A. 120' 60' 0 120' `�?/,Yj L40 �` AND`SURVEYORS' �INEERS L43 42�q1 104 \%t: LAND`=PLANNERS -' 103 y. `319 WMAUT STRNET r ' R. BURNETT, JR. 100 101 102 Sheet 4 of 5 NGTQ�N(`1. Wt. 2.R46r SCALE IN FEET BOOK 2180 PAGE 503 f W. 91 a-}A3-80a2 120FT. tOt�a�5iVv w LOCARM MV MAP OF (NOT TO SCALE) WATERFRONTE VILLAS MARINA ------------------------------------------------------------------------------------------------------- , CAROLINA BEACH NORTH CAROLINA L� OWNER: WATERFRONTE DEVELOPMENT, LLC AI WW CHANNEL TO CAROLINA BEACH P.O. BOX 284 MUNICIPAL DOCK WRIGHTSVILLE BEACH, N.C. 28480 DATE: APRrL 2005 - WESTERN EDGEOF CHANNEL RIGHT OF WAY ---- ------ --------------------- - 1 1 I I I DREDGE PLAN ; i MAINTENANCE DREDGING TO -6.0' r r r 1 SHEE T 2 OF 5 1 I c — I 7 J i -y AIR'j — I i" / 16 SEAL - = r T?'�. _ L-3391 Q7'tug I I a h • , ?� 10,470 C.Y. CUT DOWN TO -6.0 1I r a ASSy k km'qW ,�� I - -� ALL ELEVATIONS ARE BASED ON 1 I al - �� vv`__ I I � a t ` • • • a ` •1I�' a a ` • • i 7 LOW WATER = 0 1 1 1 I ` • • a ` ' •I ` • a a ` 1 _ r 1 I - ` ` 1 r ` • a I _ p MHW L:_, ` • a a — r 81�' 40' „yT1 AO ^�7r LTA^ AESES�AR/NE I /' x\ SCALE ET �3 �A 11 III jr ��✓yf `\ `\�,\0 1 VA'� //�Z; A� I!1 t I �i a 1, yf C_, L - „ p , r I z I H O V�t�' ,�EIG�V SERVICES, P.A. rll y �2 -AA, 11 II 1 I 1 m m ^ {� URVEYORS ENGINEERS & LAND PLANNERS t 1 1 -- tlt� r—_ - t25 \ 111 u 1 1 Q J G�gria DANIEL CAPPA {- f ,�� 319 WALNUT STREET ! 111 -WATERFRONTE VILLAS�,26 ,� I,1 0 1 I WILMINGTON, N.C. 28401 1881 658 MHW �-f---__ -- TOWNHOMES �� I r I 1 PHONE: (910) 343-8002 Ull,l 1 4892-SHEET2.JW 4.6 1 LOCA 77ON MAP ` -5.3 1 (NOT TO SCALE) MAP OF r WA TERFR ON TE VILLAS c==- --� �-_ _ _5.5 54�� t -4.5 -� ram-' -� -5.2 -5.9 -5.5 1 Q k yp� ar MARINA __ --� �_ a -5.0 3 CAROLINA BEACH _ -_ _ -a 5 d -5.2 -6.2 NORTH CAROLINA ' ( ' y -5.J C==-_�/ OWNER: WATERFRONTE DEVELOPMENT, LLC 2 _ _ c= _�� C=_ __ P.O. BOX 284 _6.4 WRIGHTSWLLE BEACH, N.C. 28480 _ -5.7 ---_ 4 �--__ -5.1 41 E: -5.6 _ r 4.6 -5.1 -6.0 DATE: APRIL 2005 DOCK PLAN _� -4.9 __ _J _ --- C=_ -s.s 1 -4.8-� r ---__� �-- -4.6 --�1 SHEET 3 OF 5 =� -6.2 �___ ��_ -5.4 _-4.5 r 4.6 1 4AcyeAo O C= _JJ lam_ -4.8 C=_ -� � =5.1 1 0e717agzoJ -5.4 - -_ -5.4 _5.4 1 -4.3 - -4.9 -4.7 -4.9 -1 O �- /- ---�1 .-4.7 140 �I -6.1 C== -4.7 C==__ ) 4.5 -4.9 -4.J - '4 I 40.0' _ r -5.0 C=__ 1 -5.2 Q -4.1 -- � I 24.0' -2.1 I' C_- -4 _a _a.e -�1 J �2 1 4.0 �--__ _==� 30.0' ) c _4.2 -4.6 C--_ --' - -5.6 -2.5 0.1- 6 -0.1 0.2 .. -4.2 `) 142 �4 y 150' /. _ ' .:.I I • •'l C-__=-� �_ _ -0.02 -4.7 r - - -3.9 C __ I 4.5 _4.2 _ 1 42.0' 0.31. I I /� 12 0' ; O I '- I I .. Nwf_ \_ ` 0.1 - j 14 _4.3 I 10" -0.5 GRgSS _ I I M. _ \ -4.2 I 1 ~-30.0" �-_- oz r. I 30.0' 11.8" . . . Iar. • . ' • '10.01 _ -4.2 �i -4.2 I ' I r -4.2 -4.2 = I 1 - -0.03 I I Ljj W PIER --J -0.02 30.0' -4.0F-_ , 1 I� BULKHEAD - y , 12 0" 12 0.6 0.2 00.3 1 I 40 20 ;._�: \\ \. 40 \ I Z I I I y - 1 I \� f, �+ors ,SCA IN FEE�� /> TAL � 7 X\ s \\ y/ _rY_ C / // \ i� j r •Q_ _ 77:.-�!y �4ND L/NE �, \ \\ I -�_I_ -� N. ef� C/�I.ES P.A. \ \ I I I HANOVER bESI&N 1 ' ,+ 4., e I LAND SURVEYORS: ENGINEERS k LAND PLANNERS 319 WALNUT STREET f \ ,[[�� ��0 \\�1 \ \ I I I I I I . •;1' '•o••��%� I W PHONE: (910) 343-80ILMINGTON, N.C. 28401 I I \1 ( \ i \ I I S ;;S %`g� I I 02 I--_� WATERFRONTE VILLAS s11 U G� \\ II I I I I JJJ LL I I - TOWNHOMES 124 �� u\ III I 4892-SHEET3.JW f �- - , SIANDARDS TERMANATION 50' (PIPE SU ORTS) DISCHARGE PIPE FROM DIKE WALL FROM DREDGE E-50'4 2 if TOP OF OIK "�I= N DIKE Ir LIQUID LINE WATERFRONTE VILLAS MARINA SPLASH PAD j-,I i it SECTION @ INLET CROSS SECTION PLASTIC SHEETING AS REQUIRED BY SPOIL ISLAND DIVISION OF COASTAL MANAGEMENT Detail taken from drawing by TOP OF —�\ 3'-0" MIN. Eric Sanderson (part of the Oceana RETENTION Marina Permit Package) MOUND RISER STRUCTURE LIQUID SURFACE :I-i-�T�T- 71 Sheet 5 of 5 SETTUNG AREA I DIKE 'sT, I-Al MLW —1 t---1 I I-- I i '�j11• -17 I---I PIPE BELOW MLW LINE OF VEG. ;I I ��r_ \ — -' - ,--: �i I •'-�I I I'--'-I WATERWARD SEDIMENT DEPTH-, AS REQUIRED I DISCHARGE PIPE ADJUSTABLE OUTLET PIPE— WEIR BOARDS SECTION 0 OUTLET TYPICAL SECTIONS DIKE, OUTLET PIPE, & DREDGE NTS s