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HomeMy WebLinkAbout109-84 Minnesott Yacht Basin, Keith A. Wolfenbarger (2) �o+�o Permit Class Permit Number STATE OF NORTH CAROLINA Department of Natural Resources-and Community Development Coastal Resources Commission VIC,r JUN 22 ]QRd for M. 6"UWAS com Major Development in an Area of Environmental Concern pursuant to NI&4 t13A Y18 ® Excavation and/or filling pursuant to NCGS 113-229 lssuedto Keith A. Wolfenbarger, Minnesott Beach Yacht Basin, P. 0. Box 128. Arapahoe, NC 28510 authorizing development in Paml i co County at the Neuse Ri yer, Al l i gator Gut as requested in the permittee's application dated 3/28/84 i ncl udi ng attached plats, 4, 1 dated 2/16/78, 1 dated 1/2/83 and 2 dated rec. 3/29/84, This permit,issued on June 18, 1984 , 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 subject permittee to a fine,imprisonment or civil action;or may cause the ��-P it to be pull and void. For 'Mork Wit Mr°�r� 1 (1 ) No marsh grass will be excavate /or fi ed. (2) All excavated materials will f ned above mean high water and land- ward of regularly or irregula" oded marsh behind adequate dikes or other retaining scruc' to r ent spill-over of solids into any marsh or surrounding w cer . (3) Silt fences and/or other ', .ros' nd sediment control devices must be utilized throughout. tiv on ,,ruction to minimize sediment from en-Gering into adjace ee s, streams, properties, basins, waters, wetlands, etc. (4) Slopes created by excavaCi n the basin muse be left at an angle which can be provided with a vegetative cover. (5) All slopes, whether cut and/or filled, must be adequately stabilized by vegetative cover within 30 working days of any phase of such activity. (See attached sheet for Additional Conditions) This permit action may be appealed by the permittee Signed by the authority of the Secretary of DNRCD and or other qualified persons within twenty (20) days of the an of the Coastal Resources Commission. issuing date. An appeal requires resolution prior to work initiation or continuance,as the case may be. This permit must be accessible on-site to Department personnel when the project is inspected for compliance. 5i: Any maintenance work or project modification Office of Coo Owens,Director not covered hereunder requires further Departmental Oastal Management approval. All work must cease when the permit expires on This permit and its conditions are hereby accepted. for new work n i sumg't11rs perllbfn?ir, � iS �enRgrth Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signaturkj Permittee s Keith A. Wolfenbarger Permit #109-84 Page 2 of 3 ADDITIONAL CONDITIONS (6) An erosion/sedimentation control plan must be submitted and must contain all temporary and permanent measures to be utilized during construction. The plan may be sent to: N.C. Dept. of Natural Resources & Community Development Division of Land Resources P.O. Box 1507 Washington, NC 27889 (7) The activity will be conducted in such a manner as to prevent signifi- cant increases in turbidity outside the area of construction or con- struction-related discharge. (8) In the event that archaeologic 1 materials are encountered during excavation or any othVaistory d disturbing activities, work shall cease and a representathe Department of Cultural Resources, Division of Archives (telephone 919-733-4763) must be contacted immediately. (9) All floating structures, � a boats, used for habitation or commerce (as defined in 1 `IrC M .0602) shall be in conformance with local regulations for oO ore e treatment. (10) No septic tank systems may be illed areas. NOTE: Approval for all septic tank systems u co from the local �ieea -th depart- ment. For Maintenance Work Wit dr i Dredge (1 ) All excavated materials must be c f' on high ground behind adequate dikes or other retaining structures to prevent spill-over of solids into any marsh or surrounding waters. (2) The disposal area effluent must be contained by pipe, trough, or similar device to a point at or below the mean low water mark to prevent gully erosion and resultant unnecessary siltation. (3) The terminal end of the pipeline must be positioned at or greater than 50' from any part of the dike and a maximum distance from spill- ways to allow adequate settlement of suspended solids. (4) A water control structure must be installed at the intake end of the effluent pipe so as to assure compliance with condition no. 5. (5) Ih order to protect water quality, runoff from the construction area must not visibly increase the amount of suspended sediments in adjacent waters. (6) The diked disposal area must be constructed a sufficient distance from the mean high water line or any marshland to eliminate the possi- bility of dike erosion into or upon the adjacent waters and/or marshland. o Keith A Wolfenbarger Permit #109-84 Page 3 of 3 ADDITIONAL CONDITIONS MA1 A U S E The Office of Coastal Manageme will be notified in writing at least two (2) weeks in advance of any enance work (after Dec. 31 , 1984) authorized by this permit and that o�i include: A. the number of the original per i B. a statement that no dimensional c s ar proposed. C. a copy of the original permit p t(s w'th cross-hatching indicating the area to be maintained, th o be used for spoil , and the estimated amount of material to be remov D. the date of map revision and tper ' ee' s signature shown anew on the original plat. °r4 North Carolina Department of Natural COASTALMANOAGEMEONT = Resources &Community Development DavidW.Owens Director . ^� James B.Hunt,Jr.,Governor James A.Summers,Secretary Telephone 919 733-2293 June 18, 1984 Mr. Keith A. Wolfenbarger •Minnesntt Reach Yacht Basin P. 0. Box 128 Arapahoe, NC 28510 Dear Mr. Wolfenbarger: 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. The original (yellow form) of the permit is retained for your files and must be available on-site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope at your earliest convenience. Signing the permit and proceeding indicates your agreement with the conditioned permit. This act also means you have waived your right of appeal described below. If you object to the permit, as conditioned, you may request an appeal hearing before the Coastal Resources Commission pursuant to NCGS 113A-122 or 113-229. Such hearing must be requested within twenty (20) days of your re- ceipt of this letter. You should also be aware that, by law, if another qualified party submits a valid objection to the issuance of this permit with- in twenty (20) days the objection must be resolved prior to work initiation. In other words, work started within the next three (3) weeks could be stopped if objections are submitted. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your ap- plication. 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 would be-to your benefit to be sure that he fully understands all permit requirements. From time to time Department personnel will visit the project site. How- ever, if questions arise concerning permit conditions, environmental safeguards, or problem areas you may contact Department personnel at any time for assis- tance. By working in accordance with the permit, you will be helping to pro- tect our vitally important coastal resources. Very sincerely, Parker, Jr. JRPjr:jm Permits Coordinator P.O.Box 27687 Raleigh,N.C.27611-7687 An Eoual Opportunity Affirmative Action Employer ,i OFFICE OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. Applicant's name Keith Wolfenbarger (Minnesott Beach Yacht Basin) 2. Location of project site Alligator Gut off Neuse River near Minn . Beach , Pamlic r^nnnt� 3. Investigation type: Dredge & Fill X CAMA 4. Investigative procedure: (A) Dates of site visit 4-10-84 (B) Was applicant present yes 5. Processing procedure: Application received 6-1 1 _Rl, Office Morehead City 6. Site description: (A) Local Land Use Plan Pamlico County Land classification from LUP Rur a Development constraints identified in LUP none identified (B) AEC(s) involved: Ocean Hazard Estuarine shoreline Coastal wetlands Public trust waters Estuarine waters x Other (C) Water dependent: Yes X No Other (D) Intended use: Public Private Commercial (E) Type of waste water treatment: Existing X Planned Septic tank (F) Type of structures: Existing. marina facility Planned (G) Estimated annual rate of erosion Source 7. Habitat description: AREA (A) Vegetated wetlands: Dredged Filled Other (B) Non-vegetated wetlands: (C) Other: high ground 14 , 500 sq . ft . (D) Total area disturbed: 8. Project summary The applicant proposes to complete a boat basin expansion into high ground property which was originally authorized under a previous permit which has now ex- pired. The project location is on Alligator Gut off the Neuse River near the Town of Minnesott Beach, Pamlico County 9. Narrative description The Minnesott Beach Yacht Basin is requesting a permit to complete the excavation of an inland boat basin at their development located on Alligator Gut and adjacent to the Neuse River near the Town of Minnesott Beach, Pamlico County. The applicant received a permit modification last year to excavate an approximately 725' long by 80' to -8' NWL deep boat basin addition into their highground property which is ad- jacent to their existing basin. The applicant was not, however, able to complete all of A*W this excavation before the permit expired. They are now requesting a permit that would allow them to complete the remaining approximately 725' long by 20' wide to -8'NWL deep boat basin area. 10. Anticipated impacts The project as proposed will result in the excavation of an approximately 725' long by 20' wide to -8' NWL deep boat basin area into existing high ground. About 14,500 sq.ft. of highground area would be excavated by dragline with about 6,500 cu.yds. of primarily clay soils being removed and placed on existing high ground adjacent to the basin site. Submitted by Charles Jones Date April 16, 1984 DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY SECTION Comments concerning an application for State Federal CAMA Permit(s) from Ron�C,I rU r�Pft iu G t No Q L C- i C1A 7-Q U'T- 0 1-- A. PERMIT: This office cannot comment on this project until after the close of the Section 401 Certification Public Comments Period. This office has no objection to the issuance of the permit(s) for the proposed project with the following conditions: 11a he activity/be conducted in such a manner as to prevent significant increases in turbidity outside the area of construction or construction- related discharge�� �reeases--e€ That the instream turbidity not be increased by more than 50 NTU's as a result of the proposed activity after a reasonable opportunity for dilu- tion and mixture. That turbidity levels in shall not be increased by more than 10 NTU's as a result of the proposed activity after a reason- able opportunity for dilution and mixture. B. CERTIFICATION STATUS: , Certification is not required for this project. Certification is required for this project. Such action to process the certification has been initiated. Proposed Certification will be acted on or after The proposed project is certified under General Certification A) No. 1179 issued on January 25, D) No. 1431 issued on October 16, 1977, for sewer line construction 1980, for boat ramp construction. B) No. 1272 issued on November 10, E) No. 1664 issued on September 8, 1978, for bulkhead construction. 1983, for Rip-Rap Placement. C) No. 1273 issued on November 10, F) No. 1665 issued on September 19, 1978, for discharges of liquid 1983, for incidental bridge effluent from diked upland disposal construction. areas. , WATER QUALITY SECTION DIVISION OF ENVIRONMENTAL MANAGEMENT RECEIN APPLICATION FOR (�j k R PERMIT TO EXCAVATE AND/OR FILL WATER QUALITY CERTIFICATION EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPMENT Department of Adminluratlon State of North Carolina Department of the Ann (GS 14612) Department of Natural Resources and Community Development Cops of Enjlneers,WIt (GS 113.229,143.21S.3(a)(1),143-215.3(c), 113A•1111 (33 CFR 209.320.329) Pkase type or print and fill in all blanks. If information is not applicable,so indicate by placing N/A in blank. 1. Applicant Information )� ////� L �(// A. Name We 14�� iAo-rae.r � /1 P 1-7y Last First Middle B. Address�M/ti UGH 4f /.J f� U 'Ajax Street, P. O. Box or Route Aoq/-A ke e7 ti C 5?5/6 cy/.7 City or Town State Zip Code Phone II. Location of Prroposed Project: A. County_ PA"61 GG _ B. 1. City, town,community or landmark /Al AJ sow 2. Is proposed work within city limits? Yes No C. Creek,river, sound or bay upon which project is located or nearest named body of water to project Ill. Description of Project A. 1. Maintenance of existing project 2. New work" X 1214NS/0'U e=r— EX/SJlilrr! B. Purpose of excavation or fill C/f4W1Jt,C/ . 1. Access channel ,,� length width depth 2j. oat basin �X 19,465111A)C - ��length ��5/ width depth 61, M 4 kl 3. Fill area length width depth 4. Other A114length width depth C. 1. Bulkhead length --AllA- Average distance wateerrward of MHW (shoreline) 1y1 2. Type of bulkhead construction(material) r l D. Excavated material (total for project) C1✓� 1. Cubic yards � 7 2. Type of material E. Fill material to be ol.ced below MHW (see also V1 A) /I 1. Cubic yards 2. Type of material /� A IV. Land Type,Disposal Area, and Construction Equipment: A. Does the area to be excavated include any marshland, swamps or other wetland' Yes No B. Does the disposal Area include any marshland, swamps or other wetland? Yes No C. Disposal Area 1. Location 141227'6L/U.- W) - 2, Do you claim title to disposal area!_ y-=.r5 D. Fill material sou,ce if fill is to be trucked in /(1114 E. How will excavated material be entrapped and erosion controlled)A�( t)/ l F/iIIG , 6i�/1 Ait�G /SGOQ/ ,r �j�,(k F. Type of equipment to be used G. Will marshland he crossed in transporting equipment to project site? If yes,explain OAF♦1 Rev.10178 V. MMatded use of Prefect Ara(Deane) A. 1. Private (-2.- z:� PrVPAA)�n�lo A Hwsing DevaNw ent or Industrial 4. Other 1. Lot size(s) - - -�- 2. Elevation of lot(s)above mean high water 3. Soll type and texture 4. Type of building facilities or structures S. Sewage disposal and/or waste water treatment A. Existing Planned B. Describe_ 6. Land Classtfication (circle one) DEVE LOPED TRANS TIONAL COMMUNITY RURAL CONSERVATION OTHER _. (See CAMA Local Land Use Plan Synopsis) VI. Perulning to Fill and Water Quality: / A. Does the proposed project :rvolve the placement of fill materia►s below mean high water? Yes---No r/ B. 1. Will any runoff or discharge enter adjacent waters as a rlsult of project activity or planned uw of the area following project completion' Yes—No 2. Type of discharge IA- 3. Location of discharge VII. Present rate of shoreline erosion(if known): Vlll. List permit numbers and issue dates of previous Department of Army Cor of Engineers or State permits for �G-NE-,e, work in project area, if applicable: 3-�9 - OD _ /5 1114 - 3 IX. Longue of time required to complete project: t )L In addition to the completed application form,the following items must be provided: �a-s �� / ' A. Attach a copy of the deed (with State application only)or other instrument under which applicant claims title to the affected property.OR if applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title plus written permission from the owner to carry out the project on his land. ( B. )ttach an accurate work plat drawn to scale on B%z X I I"white paper(see instruction hooklrIr- "�Pw , details). Note: Original drawings preferred-only high quality copies accepted. n Sh�vlr1� C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or certified mail or by publication(G.S. 113.229 (d))Enter date served _�ig�•�� D. List names and complete addresses of the riparian landowners with property adjoining applicant's. Z Such owners have 30 days in which to submit comments toagencies listed below. /JQ Aq 1�1,uN4F7 567r 0Z_rc rJti)n cUJ6 XI. Certification requirement: I certify that to the best of my knowledge, the proposed activity corripties with the State of North Carolinals approved coastal management program and will be conducted in a manner consistent with such program. XI1. Any permit issued pursuant to this application will allow only the development described in this appli cation and plat. Applicants should therefore describe in the application and plat all anticipated devel- opment activities, including construction,excavation,filling,and land clearing DATE App ant's Signatur D&F42 SEE REVERSE SIDE FOR MAILING INSTRUCTIONS Rev.10176 16, ) VA) �tAN SitT FfnrE tfi Of P�cAGEp Atonit ONw CowToNR RttfR at is Rr�ovE0 r r' I p ►s ro sA� CN \, E x c A V t 1 D IV fi t t rt% ai < rx�51� IV �o' Rfo won � E PN0 p+ i � ASS CyPf CANAL te�end /YUNNf.sOTT 6fA!/1/ Y/9cNT /SAS/n! — -- = t rS ifll wDtffNd/!A<f�(' 0 = 'fret 40TN A, X S t,KC P, o,gox Icy Scale 14/lPj9Nar'� /V, 19 ,�o r el11 X1� �v ID nLL - /•A ¢� hl G Al RO I Y �, VL f 4 ,,Y q `.X,.. � ,�, .r.�. �. 4`{ear' ` �, !�� i. 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L QL l _ Oz _ � ) I =: L41 r. eL rr Y L •r] r$ .�,.= ..�....•..,..,.....�.�,.�.._.,� ,.tea a. .�....�. _ . ..�.... ... . ._ ...� AT ! p. •�'� �•y��"�'4��v.;it f4{-fw_+a �y-i��_�� Ey.4., .yJ • fix Ya° .�� R E "1��n .Ys � � • { i OC3� 6 •.'; , e ��' or, .� ��• • �.�,__� , � •r`� (c�;�cY ply,} � � �� !-, t "P'_nx S:-�mrsMm.-W `'4P ��`v �L..� f �:. ... '"�"1....:.�. ��rt`��,, .•��b+' • `°o i!,•s i�\.W..L• o-,'r'iL. f..E.e..� I� row aa it t", APPLICATION & PUBLIC NOTICE PROCESSING RECORD Date Application Received - �� - �✓ Assigned to Applicant's N ne and Address Issued -90 Day Deadline CAMA Date Denied D&F CAMA Date REFERRAL LIST FOR AGENCY COMMENTS Objections Name of Agency Date Referred Date Returned Yes No Field Services Section, (OCM) n C7 State Property Office, (DOA) Division of Archives & History b � L+ Division of Community Assistance - Land Quality Sect. ,Div. of Land Res. Division of Health Services Division of Highways, (DOT) r- Environmental Operations Sect. , (DEM) Wildlife Resources Commission Office of Water Resources 5 - 4 Form OCM-MP-E Office of Coastal Management Revised 9/79 DEPUTY SECRETARY North Carolina Department of Natural James A. Summers Resources &Community Development Telephone 919 733-4984 James B. Hunt, Jr., Governor Joseph W. Grimsley, Secretary June 18, 1984 Colonel Wayne A. Hanson Corps of Engineers P. 0. Box 1890 Wilmington, NC 28401 Dear Colonel Hanson: The Department of Natural Resources and Community Development has issued a permit under / X/ NC 113-229 (the dredge and fill law) and/or / / NC 113A-118 (a CAMA permit for major development to: Mr. Keith A. Wolfenbarger Minnesott Beach Yacht Basin P. 0. Box 128 Arapahoe, NC 28510 The Division of Environmental Management has found that a PL 92-5001 Section 401 Certification / X / is not / / is required. Please accept this permit as representing the coordinated state viewpoint and/or consistency determination on this project. Very sincerely, 4? ?mes A. Summers JAS:nb Enclosure P. 0. Box 27687 Raleigh,N. C. 27611-7687 NO <IH May 16, 1984 MAY 2 1984 a 9ROLINN ooW-At RES URCES COM,, DEPARTMENT MEMORANDUM OF CULTURAL TO: John R. Parker, Permit Coordinator ^r��,^E� Office of Coastal Management, DNRCD I� RC ES Wayne A. Hanson Corps of Engineers, Wilmington District Raleigh, North Carolina FROM: William S. Price, Jr. 27611 State Historic Preservation Officer / SUBJECT: Application by K. A. Wolfenbarger for completion of boat basin expansion on Alligator Gut near Minnesott Beach, Pamlico County, ER 84-7891 We have received your memorandum of May 4, 1984 concerning the above application and would like to comment. Division of Archives and History We have no objection to the project as proposed; however, due to the William S.Price,Jr,Director project's proximity to site 31Pm8 we would like to recommend the follotiring condition be placed on the permit: / In the event that archaeological materials are encountered during excavation or any other ground 'disturbing activities, work shall cease and is Ea€€gee be Contacted immediately. The above comments are made pursuant to Section 106 of the National Historic Preservation Act of 1966, the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106, codified at 47t3) 36 CFR Part 800, and to Executive Order 11593, "Protection and Enhance- ment of the Cultural Environment. " Thank you for your cooperation and consideration. If you have questions concerning the above comments, please contact Ms. Renee Gledhill-Earley, Environmental Review Coordinator, at 919/733-4763. WSP:slw Sara W. Hodgkins, Secretary James B. Hunt, Jr., Governor MEMORANDUM TO: John R. Parker, Jr. Permit Coordinator Office of Coastal Management FROM: Rudy Smithwick " Land Quality Section Washington Regional Office DATE: April 25, 1984 SUBJECT: Application for State Permit K.A. Wolfenbarger (Minnesott Beach Yacht Basin) Alligator Gut near Minnesott Beach Pamlico County - Silt fences and/or other erosion and sediment control devices must be utilized throughout active construction to minimize sediment from entering into adjacent creeks, streams, properties, basins, waters, wetlands, etc. ✓ - Slopes created by excavation of the basin must be left at an angle which can be provided with a vegetative cover. - All slopes, whether cut and/or filled, must be adequately stabilized by vegetative cover within 30 working days of any phase of such activity. / - An erosion/sedimentation control plan must be submitted and must contain all temporary and permanent measures to be utilized during construction. The plan may be sent to: N.C. Dept. of Natural Resources & Community Development Division of Land Resources P.O. Box 1507 Washington, NC 27889 OF North Carolina Department of Natural COASTALMANOAGEMENT Resources &Community Development David WDiOwens rector James B.Hunt,Jr.,Governor James A.Summers,Secretary Telephone 919 733-2293 3 r April 16, 19A4 Mr. John R. Parker, Jr. Permits Coordinator Office of Coastal Management Raleigh, NC 27611 Dear Mr. Parker: The attached copy of an application submitted by: K . A . Wolfenbarger 04innesott Beach yacht RASIT!) Applicant's Name Alligator rut '+inn . Bcb . Pamlico Location of Project County for a State permit to perform excavation and/or fill work in coastal North Carolina and for a CAMA major development permit. . . for a CAMA major development permit (only) . . . has been reviewed by the Field Services Section and is being forwarded to you along with a Field Investigation Report for further application processing including circulation to State and Federal agencies having interest and/or jurisdiction over the subject matter which might be affected by the project. The recommendation of this Section is covered on the reverse side; X attached; will-be forwarded later. 0aiR Tid . File & comments . PN J anv) to folSincerely, Copies to Wash . f -6fc . this date B. Preston P. Pate, Chief Field Services Section PPP:kh:1526 P.O.Box 27687 Raleigh,N.C.27611-7687 An Equal Opportunity Affirmative Action Employer (A) This agency interposes no objection to the proposed work. (B) Dredge and/or Fill. This agency objects to the project as proposed. The objection is based upon findings which lead to the conclusion that there will be one or more adverse effects as covered in G. S. 113-229 (e) 1-5. (e) (1) . . .that there will be significant adverse effect of the proposed dredging and filling on the use of the water by the public; (e) (2) . . .that there will be significant adverse effect on the value and enjoyment of the property of any riparian owners; (e) (3) . . .that there will be significant adverse effect on public health, safety, and welfare; (e) (4) . . .that there will be significant adverse effect on the conservation of public and private water supplies; (e) (5) that there will be significant adverse effect on wildlife or fresh water, estuarine or marine fisheries; (C) CAMA Major Development. This agency objects to the project as proposed. The objection is based upon findings which lead to the conclusion that a violation would occur as covered in G.S. 113A-120 and/or 15 NCAC 7I. The following reference indicates the specific citation by which objections have been made. (D) Agency findings relating to item(s) A and/or B and/or C are hereby detailed. see attached (E) Comments are submitted that do not directly relate to item B and/or C but are relevant to the public interest. (These comments will be forwarded by the Department of Natural Resources and Community Development to appropriate State or Federal agencies) . Charles Jones signed date SWE OFFICE OF ° a North Carolina Department of Natural COASTAL MANAGEMENT Resources &Community Development David WDiOwens rector •�; �„• James B. Hunt,Jr.,Gov$ rc,4 James A.Summers,Secretary Telephone 919733-2293 �i + � Al Y Ma 4 1984 y4 N.A 0 10 COASTAL RESOIAttS Gay At+. r Mr. Charles E. Grady, Jr. , Director . 'fib State Property Office Department of Administration Raleigh, North Carolina 27603 168L9`�� Dear Mr. Grady: The attached copy of an application submitted by: K. A. Wolfenbarger (Minnesott Beach Yacht Basin) Applicant's Name Alligator Gut, Minn. Beach Pamlico Location of Project County X for a State permit to perform excavation and/or fill work in coastal North Carolina zndxfetrxxx&tXX=4uY deer I I [k . . . for a CAMA major development permit (only) . . . . . . is being circulated to State and Federal agencies having jurisdiction over the subject matter which might be affected by the project. Please indicate on the reverse side of this form your viewpoint on the proposed work and return it to me not later than May 18, 1984 Sincerely, O.. h R. Par er, Jr. Permits Coordinator JRP:kh:2480 P 0.Box 27687 Raleigh,N.C.27611-7687 An Equal Opportunity Affirmative Action Employer 44' (A) This agency interposes no objection to the proposed w,ork. (B) Dredge and/or Fill. This agency objects to the project as proposed. The objection is based upon findings which lead to the conclusion that there will be one or more adverse effects as covered in G. S. 113-229 (e) 1-5. (e) (1) . . .that there will be significant adverse effect of the proposed dredging and filling on the use of the water by the public; (e) (2) . . .that there will be significant / adverse effect on the value and enjoyment of the property of any riparian owners; (e) (3) . . .that there will be significant adverse effect on public health, safety, and welfare; (e) (4) . . .that there will be significant adverse effect on the conservation of public and private water supplies; (e) (5) that there will be significant adverse effect on wildlife or fresh water, estuarine or marine fisheries; (C) CAMA Major Development. This agency objects to the project as proposed. The objection is based upon findings which lead to the conclusion that a violation would occur as covered in G.S. 113A-120 and/or 15 NCAC 7I. The following reference indicates the specific citation by which objections have been made. (D) Agency findings relating to item(s) A and/or B and/or C are hereby detailed. (E) Comments are submitted that do not directly relate to item B and/or C but are relevant to the public interest. (These comments will be forwarded by the Department of Natural Resources and Community Development to appropriate State or Federal agencies) . signecT date A ° � North Carolina Department of Natural COASTAL MA AGEMEOFFICE ONT = Resources &Community Development DavidW.Owens Director • James B.Hunt,Jr.,Governor James A.Summers,Secretary Telephone 919 733-2293 April 16 , 1984 Mr. Rick Carlisle, Director Division of Community Assistance Raleigh, North Carolina 27611 Dear Mr. Carlisle: The attached copy of an application submitted by: K. A. Wolfenbarger , (Minn . Beach Yacht Basin) Applicant's Name Alligator Gut near Minn . Bch . Pamlico Location of Project County X for a State permit to perform excavation and/or fill work in coastal North Carolina and for a CAMA major development permit. . . for a CAMA major development permit (only) . . . . . . is being circulated to State and Federal agencies having jurisdiction over the subject matter which might be affected by the project. Please indicate on the reverse side of this form your viewpoint on the proposed work and return it to me not later than May 3 , 1984 Sincerely, �nR .Parker, Jr. Permits Coordinator JRP:kh:2480 P.O.Box 27687 Raleigh,N.C.27611-7687 An Equal Opportunity Affirmative Action Employer Al (A) This agency interposes no objection to the proposed work. (B) Dredge and/or Fill. This agency objects to the project as proposed. The objection is based upon findings which lead to the conclusion that there will be one or more adverse effects as covered in G. S. 113-229 (e) 1-5. (e) (1) . . .that there will be significant adverse effect of the proposed dredging and filling on the use of the water by the public; (e) (2) . . .that there will be significant adverse effect on the value and enjoyment of the property of any riparian owners; (e) (3) . . .that there will be significant adverse effect on public health, safety, and welfare; (e) (4) . . .that there will be significant adverse effect on the conservation of public and private water supplies; (e) (5) that there will be significant adverse effect on wildlife or fresh water, estuarine or marine fisheries; (C) CAMA Major Development. This agency objects to the project as proposed. The objection is based upon findings which lead to the conclusion that a violation would occur as covered in G.S. 113A-120 and/or 15 NCAC 7I. The following reference indicates the specific citation by which objections have been made. (D) Agency findings relating to item(s) A and/or B and/or C are hereby detailed. (E) Comments are submitted that do not directly relate to item B and/or C but are relevant to the public interest. (These comments will be forwarded by the Department of Natural Resources and Community Development to appropriate State or Federal agencies) . signed ((-lam date �STATEOFFICE OF North Carolina Department of Natural COASTAL MANAGEMENT Resources &Community Development David W.Owens � Director • �• James B.Hunt,Jr.,Governor James A.Summers,Secretary Telephone 919 733-2293 May 4, 1984 F1 V MAY 4 1984 IiASMAT CONSERVATI Mr. W. Vernon Bevill, Director f, b Wildlife Resources Commission Raleigh, North Carolina 27603 MAY Dear Mr. Bevill: 110ASThI. RESOURCES COMM. The attached copy of an application submitted by: K. _A._ Wolfenbarger (Minnesott Beach Yacht Basin) Applicant's Name _ Alligator Gut, Minn. Beach Pamlico Location of Project County _ X for a State permit to perform excavation and/or fill work in coastal North Carolina udxfaxx$x AXAxmz#ix for a CAMA major development permit (only) . . . . . . is being circulated to State and Federal agencies having jurisdiction over the subject matter which might be affected by the project. Please indicate on the reverse side of this form your viewpoint on the proposed work and return it to me not later than May 18, 1984 Sincerely, oh R. Parker, Jr. Permits Coordinator JRP:kh:2480 "1-768�7 P O.Box 27687 RaIeAn Equal Opportunity Affirmative Actonmpoyer (A) This agency interposes no objection to the proposed work. . (B) Dredge and/or Fill. This agency objects to the project as proposed. The objection is based upon findings which lead to the conclusion that there will be one or more adverse effects as covered in G. S. 113-229 (e) 1-5. (e) (1) . . .that there will be significant adverse effect of the proposed dredging and filling on the use of the water by the public; (e) (2) . . .that there will be significant adverse effect on the value and enjoyment of the property of any riparian owners; (e) (3) . . .that there will be significant adverse effect on public health, safety, and welfare; (e) (4) . . .that there will be significant adverse effect on the conservation of public and private water supplies; (e) (5) that there will be significant adverse effect on wildlife or fresh water, estuarine or marine fisheries; (C) CAMA Major Development. This agency objects to the project as proposed. The objection is based upon findings which lead to the conclusion that a violation would occur as covered in G.S. 113A-120 and/or 15 NCAC 7I. The following reference indicates the specific citation by which objections have been made. (D) Agency findings relating to item(s) A and/or B and/or C are hereby detailed. (E) Comments are submitted that do not directly relate to item B and/or C but are relevant to the public interest. (These comments will be forwarded by the Department of Natural Resources and Community Development to appropriate State or Federal agencies) . signed date .�SfATp o OFFICE OF North Carolina Department of Natural COASTAL MANAGEMENT _ = Resources &Community Development David W.Owens � Director �• ^' ames B.Hunt,Jr.,Governor James A.Summers,Secretary Telephone 919 733-2293 May 4, 1984 M P� 1519�4 Mr. James F. Stamey, Chief Environmental Health Section Division of Health Services Raleigh, North Carolina 27603 Dear Mr. Stamey: The attached copy of an application submitted by: K. A. Wolfenbarger (Minnesott Beach Yacht Basin) Applicant's Name Alligator Gut, Minn. Beach Pamlico Location of Project County X for a State permit to perform excavation and/or fill work in coastal North Carolina 1 for a CAMA major development permit (only) . . . . . . is being circulated to State and Federal agencies having jurisdiction over the subject matter which might be affected by the project. Please indicate on the reverse side of this form your viewpoint on the proposed work and return it to me not later than May 18, 1984 Sincerely, oh R. arker, Jr4 Permits Coordinator JRP:kh:2480 P.O.Box 27687 Raleigh,N.C.27611-7687 An Equal Opportunity Affirmative Action Employer V A This agency interposes no objection to the proposed work. _ ( ) g Y P J P P (B) Dredge and/or Fill. This agency objects to the project as proposed. The objection is based upon findings which lead to the conclusion that there will be one or more adverse effects as covered in G. S. 113-229 (e) 1-5. (e) (1) . . .that there will be significant adverse effect of the proposed dredging and filling on the use of the water by the public; (e) (2) . . .that there will be significant adverse effect on the value and enjoyment of the property of any riparian owners; (e) (3) . . .that there will be significant adverse effect on public health, safety, and welfare; (e) (4) . . .that there will be significant adverse effect on the conservation of public and private water supplies; (e) (5) that there will be significant adverse effect on wildlife or fresh water, estuarine or marine fisheries; (C) CAMA Major Development. This agency objects to the project as proposed. The objection is based upon findings which lead to the conclusion that a violation would occur as covered in G.S. 113A-120 and/or 15 NCAC 7I. The following reference indicates the specific citation by which objections have been made. (D) Agency findings relating to item(s) A and/or B and/or C are hereby detailed. (E) Comments are submitted that do not directly relate to item B and/or C but are relevant to the public interest. (These comments will be forwarded by the Department of Natural Resources and Community Development to appropriate State or Federal agencies) . 7 signed date STATE d". ' OFFICE OF : North Carolina Department of Natural COASTAL MANAGEMENT - Resources &Community Development David WDiOwens rector . �• ^� James B.Hunt,Jr.,Governor James A.Summers,Secretary Telephone 919733-2293 '+ May 4, 1984 MAY 16 19M Mr. William R. Roberson, Jr. , Secretary Department of Transportation Raleigh, North Carolina 27601 Dear Mr. Roberson: The attached copy of an application submitted by: K. A. Wolfenbarger (Minnesott Beach Yacht Basin) Applicant's Name Alligator Gut, Minn. Beach Pamlico Location of Project County g for a State permit to perform excavation and/or fill work in coastal North Carolina aXfxa��� for a CAMA major development permit (only) . . . . . . is being circulated to State and Federal agencies having jurisdiction over the subject matter which might be affected by the project. Please indicate on the reverse side of this form your viewpoint on the proposed work and return it to me not later than May 18, 1984 Sincerely, QSh6�. arker,�Jr ' Permits Coordinator JRP:kh:2480 P.O.Box 27687 Raleigh,N.C.27611-7687 An Equal Opportunity Affirmative Action Employer (A) This agency interposes no objection to the proposed work._ (B) Dredge and/or Fill. This agency objects to the project as proposed. The objection is based upon findings which lead to the conclusion that there will be one or more adverse effects as covered in G. S. 113-229 (e) 1-5. (e) (1) . . .that there will be significant adverse effect of the proposed dredging and filling on the use of the water by the public; (e) (2) . . .that there will be significant adverse effect on the value and enjoyment of the property of any riparian owners; (e) (3) . . .that there will be significant adverse effect on public health, safety, and welfare; (e) (4) . . .that there will be significant adverse effect on the conservation of public and private water supplies; (e) (5) that there will be significant adverse effect on wildlife or fresh water, estuarine or marine fisheries; (C) CAMA Major Development. This agency objects to the project as proposed. The objection is based upon findings which lead to the conclusion that a violation would occur as covered in G.S. 113A-120 and/or 15 NCAC 7I. The following reference indicates the specific citation by which objections have been made. (D) Agency findings relating to item(s) A and/or B and/or C are hereby detailed. (E) Comments are submitted that do not directly relate to item B and/or C but are relevant to the public interest. (These comments will be forwarded by the Department of Natural Resources and Comm ity evelopment to appropriate State or Federal age Gies . signed date WC-1 SWOF North Carolina Department of Natural COASTALMANOAGEMENT = Resources &Community Development DavidW.Owens Director James B.Hunt,Jr.,Governor James A.Summers,Secretary Telephone 919733-2293 May 4, 1984 MAY Z 8 1984 CQASUL RESOuRGES GOWlM. RECEIVED Mr. John Sutherland MAY 4 19$4 Office of Water Resources Raleigh, North Carolina 27611 OFFICE OF WATER RESOURCES Dear Mr. Sutherland: The attached copy of an application submitted by: K. A. WolfenbarQer (Minnesott Beach Yacht Basin) Applicant's Name _Alligator Gut, Minn. Beach Pamlico Location of Project County X for a State permit to perform excavation and/or fill work in coastal North Carolina xHAx:faxxax8AMAxmxJ7sx d&,ugiEipmiKK:kxpuxmiX. . . for a CAMA major development permit (only) . . . . . . is being circulated to State and Federal agencies having jurisdiction over the subject matter which might be affected by the project. Please indicate on the reverse side of this form your viewpoint on the proposed work and return it to me not later than May 18, 1984 Sincerely, R. Parker, Jr. Permits Coordinator JRP:kh:2480 P.0.Box 27687 Raleigh,N.C.27611-7687 An Equal Opportunity Affirmative Action Employer (A) This agency interposes no objection to the proposed work.' (B) Dredge and/or Fill. This agency objects to the project as proposed. The objection is based upon findings which lead to the conclusion that there will be one or more adverse effects as covered in G. S. 113-229 (e) 1-5. (e) (1) . . .that there will be significant adverse effect of the proposed dredging and filling on the use of the water by the public; (e) (2) . . .that there will be significant adverse effect on the value and enjoyment of the property of any riparian owners; (e) (3) . . .that there will be significant adverse effect on public health, safety, and welfare; (e) (4) . . .that there will be significant adverse effect on the conservation of public and private water supplies; (e) (5) that there will be significant adverse effect on wildlife or fresh water, estuarine or marine fisheries; (C) CAMA Major Development. This agency objects to the project as proposed. The objection is based upon findings which lead to the conclusion that a violation would occur as covered in G.S. 113A-120 and/or 15 NCAC 7I. The following reference indicates the specific citation by which objections have been made. (D) Agency findings relating to item(s) A and/or B and/or C are hereby detailed. (E) Comments are submitted that do not directly relate to item B and/or C but are relevant to the public interest. (These comments will be forwarded by the Department of Natural Resources and Community Development to appropriate State or Federal agencies) . s' ed date OF rn4 North Carolina Department of Natural COASTAL MANOAGEMENT = Resources &Community Development DavidWD ctnor �. ^• James B.Hunt,Jr.,Governor James A.Summers,Secretary Telephone 919 733-2293 May 4, 1984 , t"AY 21 1984 010MM, Ms. Renee Gledhill-Earley Environmental Review Coordinator Division of Archives and History Raleigh, North Carolina 27611 Dear Ms. Gledhill-Earley: The attached copy of an application submitted by: K. A. Wolfenbarger (Minnesott Beach Yacht Basin) Applicant's Name Alligator Gut, Minn. Beach Pamlico Location of Project County X for a State permit to perform excavation and/or fill work in coastal North Carolina NK9x M for a CAMA major development permit (only) . . . . is being circulated to State and Federal agencies having jurisdiction over the subject matter which might be affected by the project. Please indicate on the reverse side of this form your viewpoint on the proposed work and return it to me not later than May 18, 1984 Sincerely, oh R. Par er, Jr� Permits Coordinator JRP:kh:2480 P.O.Box 27687 Raleigh,N.C.27611-7687 An Equal Opportunity Affirmative Action Employer R. (A) This agency interposes no objection to the proposed work. (B) Dredge and/or Fill. This agency objects to the project as proposed. The objection is based upon findings which lead to the conclusion that there will be one or more adverse effects as covered in G. S. 113-229 (e) 1-5. (e) (1) . . .that there will be significant adverse effect of the proposed dredging and filling on the use of the water by the public; (e) (2) . . .that there will be significant adverse effect on the value and enjoyment of the property of any riparian owners; (e) (3) . . .that there will be significant adverse effect on public health, safety, and welfare; (e) (4) . . .that there will be significant adverse effect on the conservation of public and private water supplies; (e) (5) that there will be significant adverse effect on wildlife or fresh water, estuarine or marine fisheries; (C) CAMA Major Development. This agency objects to the project as proposed. The objection is based upon findings which lead to the conclusion that a violation would occur as covered in G.S. 113A-120 and/or 15 NCAC 7I. The following reference indicates the specific citation by which objections have been made. (D) Agency findings relating to item(s) A and/or B and/or C are hereby detailed. (E) Comments are submitted that do not directly relate to item B and/or C but are relevant to the public interest. (These comments will be forwarded by the Department of Natural Resources and Community Development to appropr' to State or Federal agencies) . U- ' gned �-f� I �—' (-/ f 0 date SWE OFFICE OF North Carolina Department of Natural COASTAL MANAGEMENT Resources &Community Development DavidW.Owens ' Director :.I James B.Hunt,Jr.,Governor James A.Summers,Secretary Telephone 919733-2293 April 16, 1954 r.CJohn R. Parker, Jr. Permits Coordinator Office of Coastal Management Raleigh, NC 27611 Dear Mr. Parker: The attached copy of an application submitted by: K. A. Wolfenbarger (Minnesott Beach Yacht BASIN) Applicant's Name Alligator Gut Minn . Bch . Pamlico Location of Project County X for a State permit to perform excavation and/or fill work in coastal North Carolina a&&f .Rez�. . . for a CAMA major development permit (only) . . . has been reviewed by the Field Services Section and is being forwarded to you along with a Field Investigation Report for further application processing including circulation to State and Federal agencies having interest and/or jurisdiction over the subject matter which might be affected by the project. The recommendation of this Section is covered on the reverse side; X attached; will be forwarded later. Orig . Mhd . File att ncl . ck . T`-�1 • �- e5 & comments . PN ( n to fol�incerely, Copies to Wash . fld . this date (/ • B . 6 ,Preston P. Pate, Chief Field Services Section PPP:kh:1526 P.0.Box 27687 Raleigh,N.C.27611-7687 An Equal Opportunity Affirmative Action Employer (A) This agency interposes no objection to the proposed work. , (B) Dredge and/or Fill. This agency objects to the project as proposed. The objection is based upon findings which lead to the conclusion that there will be one or more adverse effects as covered in G. S. 113-229 (e) 1-5. (e) (1) . . .that there will be significant adverse effect of the proposed dredging and filling on the use of the water by the public; (e) (2) . . .that there will be significant adverse effect on the value and enjoyment of the property of any riparian owners; (e) (3) . . .that there will be significant adverse effect on public health, safety, and welfare; (e) (4) . . .that there will be significant adverse effect on the conservation of public and private water supplies; (e) (5) that there will be significant adverse effect on wildlife or fresh water, estuarine or marine fisheries; (C) CAMA Major Development. This agency objects to the project as proposed. The objection is based upon findings which lead to the conclusion that a violation would occur as covered in G.S. 113A-120 and/or 15 NCAC 7I. The following reference indicates the specific citation by which objections have been made. (D) Agency findings relating to item(s) A and/or B and/or C are hereby detailed. see attached (E) Comments are submitted that do not directly relate to item B and/or C but are relevant to the public interest. (These comments will be forwarded by the Department of Natural Resources and Community Development to appropriate State or Federal agencies) . Charles Jones signed date Aprit MEMORANDUM - Re: App. for D&F Permit Keith Wolfenbarger Minnesott Beach Yacht Basin have no objections to the issuance of this permit with the following conditions: 1. No marsh grass will be excavated and/or filled. �2. All excavated materials will be confined above mean high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spill-over of solids into any marsh or sur- rounding waters. Charles Jones ±..p, North Carolina Department of Natural COASTALMANOAGEMEONT - Resources &Community Development David W.Owens Director •� °tl,• a les B.Hunt,Jr.,Governor James A.Summers,Secretary Telephone 919 733-2293 Nk } April 16 , 1984 APR qg �p�l►L RES��" Mr. Stephen G. Conrad, Director / Division of Land Resources ✓ Raleigh, North Carolina 27611 Dear Mr. Conrad: The attached copy of an application submitted by: K. A. Wolfenbarger (Minnesott Beach Yacht Basin) Applicant's Name Alligator Gut near Minn . Bch . Pamlico Location of Project County X for a State permit to perform excavation and/or fill work in coastal North Carolina and for a CAMA major development permit. . . for a CAMA major development permit (only) . . . . . . is being circulated to State and Federal agencies having jurisdiction over the subject matter which might be affected by the project. Please indicate on the reverse side of this form your viewpoint on the proposed work and return it to me not later than May 3 , 1984 Sincerely, �hhRarker, Jr. Permits Coordinator JRP:kh:2480 P.O.Box 27687 Raleigh,N.C.27611-7687 An Equal Opportunity Affirmative Action Employer AN (A) This agency interposes no objection to the proposed work. (B) Dredge and/or Fill. This agency objects to the project as proposed. The objection is based upon findings which lead to the conclusion that there will be one or more adverse effects as covered in G. S. 113-229 (e) 1-5. (e) (1) . . .that there will be significant adverse effect of the proposed dredging and filling on the use of the water by the public; (e) (2) . . .that there will be significant adverse effect on the value and enjoyment of the property of any riparian owners; (e) (3) . . .that there will be significant adverse effect on public health, safety, and welfare; (e) (4) . . .that there will be significant adverse effect on the conservation of public and private water supplies; (e) (5) that there will be significant adverse effect on wildlife or fresh water, estuarine or marine fisheries; (C) CAMA Major Development. This agency objects to the project as proposed. The objection is based upon findings which lead to the conclusion that a violation would occur as covered in G.S. 113A-120 and/or 15 NCAC 7I. The following reference indicates the specific citation by which objections have been made. (D) Agency findings relating to item(s) A and/or B and/or C are hereby detailed. (E) Comments are submitted that do not directly relate to item B and/or C but are relevant to the public interest. (These comments will be forwarded by the Department of Natural Resources and Community Development to appropriate State or Federal agencies) . igned date OFFICE OF North Carolina Department of Natural COASTAL MANAGEMENT = Resources &Community Development David Owens Director . ^�• ^' / James B.Hunt,Jr.,Governor James A.Summers,Secretary Telephone 919 733-2293 April 11; , 1084 'WAY 10 Mr. Robert Helms, Director -'OkIA i Division of Environmental Management �£�uRCES EOMs� Raleigh, North Carolina 27611 �' ^� Dear Mr. Helms: j ) FG The attached copy of an application submitted by: j� Ne Y . A . Wolfenbarger 0-Tinnesott Reach vac'it Basin ) Applicant's Name Alligator Cut near "inn . Rcb , Pamlico Location of Project County `' for a State permit to perform excavation and/or fill work in coastal North Carolina and for a CAMA major development permit. . . for a CAMA major development permit (only) . . . . . . is being circulated to State and Federal agencies having jurisdiction over the subject matter which might be affected by the project. Please indicate on the reverse side of this form your viewpoint on the proposed work and return it to me not later than May 1 , 1984 84 Sincerely, John R. Parker, Jr. Permits Coordinator JRP:kh:2480 P.0.Box 27687 Raleigh,N.C.27611-7687 An Equal Opportunity Affirmative Action Employer (A) This agency interposes no objection to the proposed work. (B) Dredge and/or Fill. This agency objects to the project as proposed. The objection is based upon findings which lead to the conclusion that there will be one or more adverse effects as covered in G. S. 113-229 (e) 1-5. (e) (1) . . .that there will be significant adverse effect of the proposed dredging and filling on the use of the water by the public; (e) (2) . . .that there will be significant adverse effect on the value and enjoyment of the property of any riparian owners; (e) (3) . . .that there will be significant adverse effect on public health, safety, and welfare; (e) (4) . . .that there will be significant adverse effect on the conservation of public and private water supplies; (e) (5) that there will be significant adverse effect on wildlife or fresh water, estuarine or marine fisheries; (C) CAMA Major Development. This agency objects to the project as proposed. The objection is based upon findings which lead to the conclusion that a violation would occur as covered in G.S. 113A-120 and/or 15 NCAC 7I. The following reference indicates the specific citation by which objections have been made. (D) Agency findings relating to item(s) A and/or B and/or C are hereby detailed. (E) Comments are submitted that do not directly relate to item B and/or C but are relevant to the public interest. (These comments will be forwarded by the Department of Natural Resources and Community Development to appropriate State or Federal agencies) . signed date OFFICE OF COASTAL MAN4GENENT �meet of Natural Caro,�ra �Jai Kenneth 0. Stewart Resources &Com; �uni l ,r DE,,�,` lopment Director .lames B. Hunt,Jr., Governor Joseph W. Grirnsley, Secretary Telephone 919/733-2293 Field Services Section PO Box 769 Morehead City, NC 28557 919 726-7021 April 16, 1984 Mrs. Judy Wolfenbarger Minuesott: Beach Yacht Basin PO Box 128 Arapahoe, N. C. 28510 Dear Mrs. Wolfenbarger: Charles Jones asked me to return the attached check to you since there will be no application fee for the type permit you are applying for - the completion of the boat basin. Cordially, W T, Secretary encl. P.0.Box 27687 Ralcigh,N.C.2761 1-76.97 An Equal Opportunity Affirmative Action Employer r minnesott beach po box 128 yacht basin AM 16 I984 arapahoe, nt 28510 GOAggAL RESOURUS MAW 919-249-1424 4•/12/84- Mr. John Parker Office of Coastal Management T,CDNR PO Box 27687 Raleigh, NC 2.7611 1. Dear Mr. Parker: Charles Jones of your ilorehead office told me by phone, that he has forwarded our new permit application (to complete our marina expansion project) to your offices. Obviously you are aware of the situation here, involving an expired permit and several alleged violations regarding erosion and sedimentation. As I explained to Charles and others, the permit expiration was an oversight on my part and no one else need take blame for that. Lord knows it would have been easier to request an extension than to have to go through the entire process again. As to the alledged violations i.e. the spoil in the adjacent wetlands, I think this project became larger than anyone expected regarding the amount of spoil and as our engineer explained (see attached letter) the erosion was caused primarily by extensive rains. I felt I owed your office some type of explanation, as you know we have been in construction here for four years and 'lave never willfully violated a permit, nor have we engaged in any activity that would be environmentally harmful. .We appreciate the beauty of this area and have tried hard to keep it in its natural state. I also feel that to date we have had a good working relationship with both federal and state agencies. We are now in the process of taking the various corrective procedures recommended by Mr. Williams, Mr. Jones and 111Ir. Jahnke and I continue to keep in close touch with them regarding means and methods. I can only assume, that we will have the area in contention cleaned up within a very short time. Please understand that I am not requesting any favors, but in view of the above, I am respectfully asking that your office might consider processing our new permit as quickly as is possible, for the sooner we can get the project finished the better it will be for all involved -- and we are eager to get the area involved stabilized and seeded. Thank you, sir, for your consideration. S'ncerely, Judy H. clolfe nhdr�w A. hough Harris,r Jr. 0r;ental, N.C. i0/ Neuse Street Professionol Engineer P08ox 160, 2857/ Registered Land Surveyor (919) 249-0057 �! Apr i1 7 1$$: - N. C. Department of Natural Resources and Community Development Sirs : I have been employed by Minnesott Beach Yacht Basin to help with the plan for the excavation of the remainder of their basin. My plan is enclosed. The extent of the rem9iningexcavation is eenerally the same as was cov the.- preYjous _permit which expired March 15, 1984. The excavation in the new application was partially done with the old permit and appears to be over 50% complete now. The entire project would have been complete except for the weather encountered early this year. This same weather caused breach of the berm around the spoil pile and created some erosion toward Alligator Gut. A silt fence will be constructed and the berm reestablished so that no siltage will occur in this area . As a final cure - Provisions have been made to remove all of the spoil from the site. The area will of course be properly graded and a heavy grass cover will be quickly established. Yours,; tr j�yl, 0A A. Hugh Harris, Jr/ Y . f DEPARTMENT OF THE ARMY WILMINGTON DISTRICT. CORPS OF ENGINEERS Paz P. o. eox 1890 � 1984 WILMINGTON• yam �/ . NORTH CAROLINA 28402 APR 1 IN REPLY REFER TO April 5, 1984 COASTAL RESOURCES CoMM. _-� Regulatory Branch SUBJECT: File No. SAWC083-N-069-0067 Dr,_ Keith A. Wolfenbarger Minnesott Belch Yacht Basin Post Office Box 128 Arapahoe, North Carolina 28510 Dear Mr. Wolfenbarger: On March 27, 1984, Mr. Ernest Jahnke of my Regulatory Branch conducted a compliance inspection of the work authorized under Department of the Army permit No. SAWC083-N-069-0067. The authorization allowed widening of a portion of a marina basin on -� your property on the Neuse River at Minnesott Beach, Pamlico County, North Carolina. The survey revealed that fill material has been placed into wetlands adjacent to the high ground disposal area designated in the permit. The wetland boundary had been marked with red flagging tape by Mr. Jahnke on May 24, 1983, in response to your request in accordance with special condition a. of the permit. In violation of the terms of the permit, fill has been placed at varying depths and widths into forested wetlands for approximately 700 linear feet (see enclosed drawing). Additionally, the excavated material has not been confined above the mean high water elevation of the wetland in violation of special condition b. of the permit. You are directed to cease and desist from any further work in the wetlands area and to submit a detailed written explanation of your activities to this office within 10 days of your receipt of this letter. Until this matter has been resolved, your permit No. SAWC083-N-069-0067 is hereby suspended and all authorized activities must be stopped immediately. A decision to either reinstate, modify, or revoke the permit will be made based on the satisfactory resolution of the violation activity accomplished outside the terms and conditions of the permit. You may, within 10 days of the receipt of this notification letter, request a meeting with this office and/or a public hearing to present information on this matter. i -2- During an onsite consultation with your contractor, Mr. Jimmy Morris, the following restoration plan was agreed upon: a. Removal of all material placed beyond the ordinary high water elevation of the wetlands. The wetlands/high ground boundary line was delineated by red flagging placed on standing vegetation or survey stakes. Yellow flagging placed on vegetation represents the extent to which material had been placed into wetlands beyond the ordinary high water mark. All material between the red and yellow flagging must be removed down to the normal elevation contour of the wetland and disposed of at a suitable high ground location (see enclosed plan) . For disposal purposes, it is agreeable to utilize the removed material for dam construction on the adjacent property provided that project has all State and local authorizations. b. When the impacted area has been properly restored, silt fencing or other acceptable control devices must be placed at the ordinary high water contour elevation of the wetland (red flagging) to prevent erosion of unstabilized material stockpiled on high ground. c. As agreed, these measures will be completed not later than May 31, 1984, d. Satisfactory completion of the restoration work will be determined by an onsite inspection by a Corps of Engineers representative. You should notify my Regulatory Branch when the above work has been completed and request this survey. Reinstatement of your suspended permit will be considered at that time. The above compliance measures are not to interfere with other Federal, State, or local permit or restoration actions you may have to undertake as a result of this activity. Failure to comply with this directive will result in immediate referral to the United States Attorney with a recom- mendation for civil and/or criminal prosecution. If there are questions, contact Messrs. Robert Needham or Jahnke, Regulatory Branch, telephone (919) 343-4494. Sincerely, Wayne A. Hanson Colonel, Corps of Engineers District Engineer Enclosure i -3- Copies Furnished: United States Attorney Regional Director Eastern District of North Carolina National Marine Fisheries Post Office Box 26897 Service, NOAA Raleigh, North Carolina 27611 Duval Building 9450 Koger Boulevard U. S. Fish and Wildlife Service Saint Petersburg, Florida 33702 310 New Bern Avenue Raleigh, North Carolina 27601 Office of Coastal Management North Carolina Department of Mr. Randall Cheek Natural Resources and National Marine Fisheries Community Development Service, NOAA Post Office Box 769 Post Office Box 570 Morehead City, North Carolina 28557 Beaufort, North Carolina 28516 I`4r. John Parker Mr. E. T. Heinen, Chief Office of Coastal Management Ecological Review Branch North Carolina Department of United States Environmental Natural Resources and _ Protection Agency Community Development 345 Courtland Street Northeast Post Office Box 27687 Atlanta, Georgia 30365 Raleigh, North Carolina 27611 Mr. Conard Shelton, Chief Mr. Charles E. Grady, Jr. Law Enforcement Section State Property Section North Carolina Department of North Carolina Department of Natural Resources and Administration Community Development 116 West Jones Street Post Office Box 769 Raleigh, North Carolina 27603 Morehead City, North Carolina 28557 Mr. Terry Moore Office of Coastal Management North Carolina Department of Natural Resources and Community Development 1502 North Market Street Washington, North Carolina 27889 Mr. Rudy Smithwick Division of Land Resources North Carolina Department of Natural Resources and Community Development 1502 North Market Street Washington, North Carolina 27889 Aug P0. 2004 8:15AM ~'-No.8532 P. 5/9 �•y NORTH CAROLINA "FP 2 8 2006 PAMLICO COUNTY ""orehea,,U/ ,rHlg EPL5 MT DEED, made and entered into this kjltY oCA, 2nd day of March 1979, by and between MINNESOTT GOLF AND COUNTRY CLUB, INC., a North Carolina corporation with its principal office at Arapahoe, pamlico County, North lled "grantor", and KEITH A. Carolina, hereinafter ca WOLFENBARGER and wife, nDY E. WoLpENBA.RGER, of 353 West 5th street, Hoisington, Kansas 67544, hereinafter called "grantees": W I T N E S S T H° . That grantor, for and in consideration of the sum of ten dollars and other good and valuable considerations to it paid, the receipt of which is hereby acknowledged, has bargained and sold, and by these.presents does bargain, sell and convey to the said Keith A. Wolfenbarger and wife, a perpetual Judy H. Wolfenbarger, and their heirs and assigns, hon-exclusive easement, to be shared by the grantor and its successors and assigns and the grantees and their heirs and t which lies eastward assigns, in that portion of Alligator GU of the dividing line between the lands of the grantor and ees, _SadJeasement lands being purchased by the said grant to be for the purposes hereinafter described, and to cover said portion of Alligator Gut being described as follows: BEGINNING at a point. in Minnesott Golf & Country 's western boundary at a point located Club., Inc. the following three courses and distances from the concrete monument which marks the ofsoectiont corner Vill-, of Lot 30-F as shown on the map is recorded in Lake MiDnesott Esta�?S,,which map istry: Map Book 7 at page t Pamlico County Reg thence North 69 degrees 21 minutes West 300 feet; thence s_ degrees minutes West 300 feet] South 22 9 Oirit South 7 degrees 19 minutes West said feet in the point of beginning; thence from said beginning p South 26 degrees 41 minutes East 309.07 feet to an iron pipe on the east side of Alligator Gut; thence South 20 degrees 13 minutes 19 seconds West ; thence the eastern edge of Alligator Gut 1.80.23 feet; South 17 eonds degrees 13 me Of inutes sites 19Gutc196.05e feet lt 9 the eastern ethence up he river North 89 degrees Neuse River; IERNARD B.HOLLO'NELL ._ ATTORNEY AT LAW gAYBORo. N C 2 Bil•_ . i 3 Aua•20. 2004 8:16AM No-8532 P. 6/9 Ts 47 minutes 33 seconds West 96.58 feet to the aforesaid SEP 2 western boundary of the lands of Minnesott Golf 8 Z006 � ��e & County Club, Inc; thence forth 7 degrees 19 minutes h Qa East along said line 172 feet to an iron pipe; thence I' continuing North 7 degrees 19 minutes East along C� �C said boundary line 467 feet to the point of BEGTNNZNG. ',j� k Said easement shall be for the following purposes: 1. To afford the grantees and their heirs and assigns egress, ingress and regress to and from their property which lies on the west side of the Minnesott Golf and Country Club, Inc. boundary hereinabove referred to and Neuse River. 2. To stabilize the sides of Alligator Gut as they now exist by installing bulkheads or other improvements thereto; provided, such improvements shall be so ,installed as not to interfere with the grantor's free access to the gut. 3. To deepen Alligator Gut by dredging from time to time as necessary_ Grantor reserves in itself and its successors and assigns, the free right to install a boat ramp and piers along the eastern edge of Alligator Gut, the length of said piers to be limited so as to not unreasonably interfere with the free use of the gut for navigation. TO HAVE AND TO HOLD the said easement in perpetuity. IN TESTIMONY WHEREOF, Minnesott Golf and Country Club, Inc, has caused this deed to be signed in its name by its president, attested by its secretary, and its corporate seal to be affixed, the day and year first above written. MINNESOTT GOLF OUNTRY CLUB, INC. Pre en ecretary NORTH CAROLINA PAMLICO COUNTY / This Ca 2/—da of 1979, personally came before me qua .ei�,,Jwho, being by me duly sworn, says that he is 111-Z—�,- of MINNESOTT GOLF AND COUNTRY INC. , a t at the seal 1fe;,A HoLLowELL A:T: . AT LAW GAYEGRO. N. 28St! 1 AuB•20. 2004 8:I6AM No•8532 P. 7/9 .30 - o o °o �- �., NORTH CAROLINA M opl_ 2 8 �6 PA29I,IC0 COUNTY ec,Cj�t.k THIS DEED, made and entered into this day ov/� k? of � 1979, by and between MINNLSOTT BEACH, INCORPORATED, a North Carolina corporation with itsprincipal P office and place of business at Minnesott Beach, Pamlico County, North Carolina, and INDIAN TRACB CO., a joint venture composed of Garvin B. Hardison, Gordon H. Keller, Jr. and Beasley--Kelso Associates, Inc. (a North Carolina corporation with its principal office and place of business at New Bern, Craven County, North Carolina) , said I�dian.,Trace Co.`s principal office and place of business being at Minnesott Beach, Pamlico County, North Carolina, hereinafter called "grantors", and KEITH A. WOLFENBARGER and wife, JUDY H. WOLFENBARGER, of 353 West 5th Street, Hoisington, Kansas 67544, hereinafter called "grantees"; W I T N E S S E T H: That grantors, for and in consideration of the sum of ten dollars and other good and valuable consideration to them in hand paid, the receipt of which is hereby acknow- ledged, have bargained and sold, and by these presents do bargain, sell and convey to the said Keith A. Wolfenbarger and wife, Judy H. Wolfenbarger, and their heirs and assigns, a certain tract or parcel of land in Number Five (5) Township, Pamlico County, North Carolina, particularly described as follows: A tract of land in the Town of Minnesott Beach, Pamlico County, North Carolina, on the north side of Neuse River and on the west side of Alligator Gut, particularlydescribed, according to a map Poll prepared by Robert M. Chiles, P.E., dated July 21, 1977 as follows: BEGINNING in the edge of Neuse River just west of the mouth of Alligator Gut at the southwest corner of the lands of Minnesott Golf and Country Club, Inc. as shown on the map recorded in Map Book 5 at page 43, Pamlico County Registry, said HOLLOwgll - \ AT LAW STA1'E�D sTAT6 OF STATE OF i NORTH CAROLINA STATE OF .,ORD. n C. NORr}I.CARD N NORTH CAROLINA NORTH CAROLINA 2B915 REAL GATE REAL ESTATE REAL 1iLTATE 6XLISE TA x x E 111 HEAL 69TATC X a 5�,� 7�� FXCIS TAX �j p• EXC13F TAx lip 'SS4.do �5_ 0 `'�6� Aua•20. 2004 8:17AM No.8532 P- 8/9 SFp 2 Mo �0o6 ...,} �, rehea ; � a C/�� point being marked by a concrete monument, and O running thence North 48 degrees 35 minutes west �� along and with the edge of Neuse River 381.01 feet; thence North 41 degrees 15 minutes East 145 feet; thence North 0 degrees 15 minutes East 220 feet; thence North 40 degrees 49 minutes Ma West with the edge of a 60-foot street 195 feet; thence North 46 degrees 49 minutes East 171.40 feet] thence. North 40 degrees 49 minutes West 58.35 feet; thence North 31 degrees 15 minutes East 180 fee .t; thence North 40 degrees 49 minutes West 540 feet; thence North 31 degrees 15 minutes East 623.21 feet; thence South 69 degrees 21 minutes East 815.06 feet to the southwestern corner of the intersection of Country Club Drive West and the street which runs along the western edge of Lots 30C, 30D and 30E, as shown on the map of Section VIII of Lake Minnesott Estates, recorded in Map Book 7 at page 63, Pamlico County Registry; thence South 30 degrees 25 minutes West along the western edge of the latter street 315.87 feet to the northwestern corner of Lot 30F of Section vill as shown on said map; thence South 30 degrees 25 minutes West along the west line of said Lot 30P 170.90 feet; thence North 69 degrees 21 minutes West 111.05 feet; thence South 22 degrees 05 minutes West along the west line of the lands of Mi.nnesott Golf and Country Club, Inc_ 300 feet; thence South 7 degrees 19 minutes West along said line 1,047.9 feet to the point of BEGINNING, containing 20.2 acres, more or less, together with all riparian and littoral rights in Neuse River. AS APPURTENANCES to the above-described land there are conveyed herewith the following easements: A perpetual non-exclusive easement for( a purpose of ingress, egress and regress from Neuse River to said .land over, along, through, upon and across Alligator Gut, such easement having been reserved in the deeds from Garvin B. Hardison, and others to Ki.nnesott Golf and Country Club, Inc. dated July 23, 1968 and recorded in Book 150 at page 116 et seq. and at page 121 et seq. 2) A perpetual non-exclusive easement for the purpose of ingress, egress and regress to and from said land and the western end of Country Club Drive as shown on the Chiles map hereinabove referred to along the 60-foot strip of land which is an .extension westwardly of Country Club Drive West, apd is located immediately north of the above-described land, and is shown on the said C lles map as FUTURE EXTENSION. EXCEPTING, However, from the above-described land a perpetual non-exclusive easement for the benefit of grantors and grantees and their successors in title for ingress, egress and regress to and from the 60-foot..street which leads to the Bennett Road (Secondary Road 1121) as shown on the Chiles map hereinabove referred WARD B. HOLLOWELL ATTORNEY AT L.. YBSIR Aus•20. 2004 8:17AM No.H 32 P. 9/9 .,,� 2 to, northwardly to the western end of the extension �0 Or� of Country Club Drive West which is shown on �� 06' said map as FUTURE EXTENSION, along and over the area depicted on the said map as "60' ACCESS EASEMENT RESEPVED FOR ITCO". .3 � TO HAVE AND TO HOLD the aforesaid tract or parcel of land, together with all privileges and appurtenances thj�reunto belonging, to the said Keith A. Wolfenbarger and wife, Judy H. Wolfenbarger, and their heirs and assigns, in fee simple forever. And grantors, for itself', its successors and administrators, covenant with grantees and their heirs and assigns, that they are seized of said premises in fee; that they have a perfect right to convey the same in fee simple; that the same axle free and clear of all encumbrances whatsoever; and that they will warrant and defend the title to the same against the lawful claims of all persons whomsoever. kyti 4, IN TESTIMONY WHEREOF, Minnesott Beach, Incorpor- IS ated has caused this deed to be signed- in its name by its president, attested by its secretary, and its corporate seal to be affixed, and Indian Trace Co. has caused this deed to be executed in its name by Garvin B. Hardison, the day and year first abov& written. XTNNESOTT BEACh", I1@(_"f9RPORATED BY: /dri+rw_ a President ATTEST: peg;: Secretary INDIAN TRACE CO. (SEAL) •:� _ BY: .p•�t�A '~`�.' Garvin B. Hardison, ^_ joint venturer H oi�Owcu ••• •' uw A?i N. C. Z8515 .••Y ram,_..... .•..�. •.x• ..•... ...�.�....� ... • .._...v '."C"'•Sf'.'MIPYwflsw•.1•+A lY1Mdt -.-.•----_-__. _ Abe , sac 150 PA,E116 1 = ' IN TESTIMONY WHEREOF, Optlonor has hereunto set her hand and ; '- p seal, the year and day first above written, and to the faithful performance j ':• :f. I-of this option, does bind herself, her heirs and personal representatives i firmly by these presents. @^q� ; lS&AIA Helen C. Tingi ` . • 2 S 2006 . NORTH CAROLINA S E P PAMLICO COUNTY li The undersigned Notary Public, Of the af4Wrt9htiM QnQ&nPC Mi .' ..'does certify that on this date personally appeared Helen C. Tingle, widow, who - acknowledged the due execution of the foregoing instrument, and for the purposes therein contained. , Witness my hand and Notarial Seal, this, the 7 day of June 196A. ? Notary Public-+ ' c- !1My Commission Expires ,�(r� 7 "� �• f� I� �• �` The Foregoing certificate of N. C. Rice, Notary Public is certified to be correct This instrument was presented for registration and recorded in this office in Book 150, + .. ' Page 115. This 30th .day of July, 1968 at 300 PM. T. Z. Spencer, Register of.Deeds, by Ida J. Mccotter, Asst' 'NORTH CAROLINA - PAMLICO COUNTY ; THIS DEED made this the 23rd day Y4 of Jul . 19689 by Lydia B. Hardison, widow, and Garvin B. Hardison s and wife, Vivian B. Hardison, of Pamlico County, north f • '" a: Carolina, Wilma H. Wynn and husband, Leo Wynn, of Bertie I County, North Carolina, and Winifred 11. Cranor, single, of " Wake County, North Carolina, parties of the first part, to l Minnesott Golf 'and Country Club, Inc. , a corporation of r �, yp(„ North Carolina with its principal office and place of business in Pamlico County, North Carolina, party of the second parts WITNESSETH: That the said parties of they;.. '- first part, for and in consideration of Ten ($10.00) Dollars 44. and other good and valuable considerations to 'them paid by the party of the second part, the receipt of which is hereby �1Y,_•. , acknowledged, have bargained and sold and by these presents • ' ` do bargain, sell and convey to the party of the second part,,'' • s its successors and assigns, subject to the exception herein ;ti„ i after set forth the following described,• � g property, to wit: . �M.M Y 1:..:•/.... •. r• - .. .� 7. y t I tVI 4 lot \• �ti 1 ✓ Iy art .J.,•r� \ ..r 1 •.'•♦ • "'4 K' 7•. • .. I.r .. '"! ... ..�.py.�f.J+,�.i4u''.Ll� .E4?;.�'4Ek'C:ai{�prl/.,^•t-• .. Mt 4�} ■ . ri .. M. 150 Fmi 117 + I That certain tract of land in • `t "' "'`! '!o'wnship, Pamlico County, North Carolina, bound ' 4 t.. on the south by Neuse River, and on the north, P and west by the lands of Garvin B. Hardison, Wi Fred H. Cranor and Wilma H. W nn, and being morO o ,. particularly described as follows: BEGINNIPtG at a SEP.. 2 g 2006 �, < in;s concrete monument in the eastern line of the tract • �V be, y , n of land herein conveyed, said point of beginnirr���� ,,**•��,, being located the following course n++d distane ftwhead City.DCM z �r . is O Q the northeastern corner of the Marvin D. Bennett three-acre lot, said .no.rtheastern corner of the said i . Bennett lot being located in the western right of way line of N. C. Highway #306, said Bennett lot having been conveyed to Marvin D. Bennett by Garvin Hardison and wife by .deed. dated October 31, 1962, recorded in Book 136 page 380, Pamlico County Registry, and t shown upon a map of record entitled "Lot Survey for Marvin D. Bennett prepared by Wm. H* Utley, R.L.S." dated October 27, 1962, recorded in Book 136 page 322 Pamlico County Registry, to wit: South 760 29' 7;est along the northern line of the said Bennett Lot and a! said northern line extended 680.41 feet to the place of beginning of the tract herein conveyed; thence from this beginning South 60 44' '+Vest 699.37 feet to a concrete monument; thence South 7° 00' West 1821.82 .feet to a concrete monument; thence South £'1° 331 West 869 feet to another concrete monument; ' thence South 300 47' West 338 feet to a concrete monument; thence North 870 30, West 236.5 feet to 1�� .: ' • another concrete monument; thence South"1?° 38' 'Vest 1 260.22 feet to a concrete monument; thence along said + line continued South 18° 38' Weet 31.19 feet to an t iron stake .in the northern shore line of Meuse river; thence along and with said shore line of t.euse !aver North 710 54' West 715.20 feet to an iror. stake :gear the mouth of Alligator Gut; thence "orth 4° ?4' Fast 75 East to a point; thence continuing t'orth 40 24' + st 972.9 feet to a point in Alligator Cut; thence North. 190 10' Bast 300 feet to a point; thence South t., 72' 16' East 208.03 feet. to a concrete mon,,i .ent; " thence continuing South 720 16' East 163.97 feet to a concrete monument; thence North 39° 49' East 662.69 feet to a concrete. monument; thence North 11° 13' East 1278.87 feet to a concrete monument; thence t.orth 4° 51' East 1120.35 feet to a concrete r.- nent; thence North 170 10' West 872.10 feet to a concrete j monument; thence North 79° 34' East 927.'90 fee: to 1 a concrete monument; thence South 230 45' cast 1256.25 . feet to a concrete monument; thence South 6° 44' West 985.55 feet to the point of beginning, containing 1651.25 acres, more or 'less. EXCEPTING, HOWEVER from the ahove des- cribed property,.twenty-seven (273 acres, more or less in the northern portion of .the above described tract being that portion of the Boomer and Gar.us tract formerly owned by Naaman W. Hardison, deceased, and held in trust by Garvin 'B. Hardison, Winifred H. Cranor and Wilma H. Wynn as Joint Substitute Trustees under the last Will and Testament of Naaman W. Hardison, deceased, which said excepted .portion was this day being conveyed .by deed from said :olrt Substitute Trustees to the party of the second par! herein. TOGETHER with all riparian rights trn anj to Neuse River. + 1 • • .. _ ♦<'w� x•akw'A78 As't,..T Wad''{1.'w.L.►drLL.:Rf..�.M Jr�-� .. .a..... .t ;. N wr.y.Y:.wvtidx»•..vM:iw. +n4�.rFri-w. ' 7q f Yl gppK 150 PA.,rk 118 "' S E P 2 8 2006. >:. . . T »3 Morehead City! t)CM , {` • - fit, 44'w: TOGIMIE'R with the following doseribod . > easement for ingress, egress and regress over, across , and upon a road leading from a point in the eastern ; line of the tract herein above described southeast- . wardly to a• point in the center line of H. C. State +f 11?3; said easement being a 60-foot wide sight of way, . the center line of which is described as follows: BEGINNING at a Point, said point being d: located North 30° 47' East 54 feet from the fourth f ;; corner of the tract hereinabove described; thence from this beginning in a southwardly direction _', .► following a-curve to the southeast (the radius of which is 245 feet) , 196.3 feet to its point of ,.''y . tangency; thence South 110 28' East 150 feet to ,.. the point of curvature of a curve to the east (which radius is 315 feet) , 248..8 feet to its point of tangency in the center line of N. C. State ..'. .r Road 41123. ;::..:, TOGETHER with an easement for ingress, d`' •. regress and egress over, across and upon Alligator ;► Gut extending northwardly from the mouth of Alligator Gut, where the same empties into Neuse '� ' River, to a point marking the western corner of :',:: ' the above described tract of land (which said corner . ;: is 208.03 feet measured North 72' 16' West from ' Concrete Monument 48 as shown upon the map re- 4,•• ferred to hereinafter) , and extending westwardly ' from' the western property of the above described :'.•: tract to the low water mark of Alligator Gut; for the purpose of ingress, egress and regress by Minnesott Golf and Country Club, Inc., its successors or assigns, constructing and perpetually ' :' maintaining a - '• level of elevation in r said easement area. MGETHER with an easement over, across, and upon Lewis Branch extending from the mouth ofs',. .::- Lewis Branch, where the same empties into Meuse River, to the southern property line of the above described tract of land (said southern property } line of the above described tract of land extend- ing -from Concrete Monument H5 to Concrete Monument �- n:.. #6, as shown upon said map). Said easement u'I being for the purpose of the Minnesott Golf and Country Club, Ince , its successors or assigns, ' , constructing and maintaining a level ' '] of elevation perpetually in sai& easement -area. : ;,;: SUBJECT, HOWEVER, to a perpetual ease- ment for the purpose of ingress, regress and egress ' by the parties of the first part, their heirs or assigns, over and across and, upon Alligator Gut. The above description is taken from a A. map and survey entitled "Minnesott Recreational . ;' ' • Development Co., Inc." by Engineering Associates, `• :' t and dated January 9, 1968. +' TO HAVE AND TO HOLD the aforesaid tract or � parcel of land and all and '�` privileges appurtenances thereto belonging to the said party of the second part, its successors *, and assignso in. fee simple, forever. F °`'.• , . •r. «".,.;•'; �s,�'•`•dtte.Lai s�kt•' .�^�. -�,^•`�pt�►.,'U•�+•�,4r.7r��'ANr :��f"..t1Ck,'�+!�rt'r+�' ,"r�`Al�.,l�4 i - ,...rffl j wf,ry.r-• -: ''�r:v! f;.;v;'>:. .C;;' . � R ///���•^^^--•• , . •.... '•JU ' - <, And the said parties of the first par �t C themselves and their heirs, executors and administrators, ity Dct covenant with .said party of the second part, its successors and assigns, that they are seized of said premises in fee and have the right to convey the same im fee simpbej. that .' C= the same are free and clear from all encumkrances, except the exceptions hereinabove set forth, and that they will L~,, ' ^ warrant and defend the title to the same against the lawful claims of all persons whomsoever. ' ' IN TESTIMONY WHEREOF the parties of the •, first part have hereunto set their hands and seals this the day and year first above written.! Lydia i. Har son i <- . • /.�-� ,, (Seal) ` arvin Jr. ..ar Son �i Vivian . . llar Tsai ry� ' tiro• - 1 ! ma nn Lec (Seal) Xinifred I 1. (:r a—no r j '-- - NORTH CAROLINA PAMLICO COUNTY This pis to certify that Lydia D. liardiscn ' j personally appeared before me this day and acknowledged the due execution of the foregoing deed of conveyance. , • !. Witness a' y band and notarial Seal this the �_ day of July, 196,8, ' Notary uuhLljc My Commission expires: coonftu •+►� ion Lrs l)•cemtkr Z,'a nDa ' NORTH CAROLINA " .r ' PAMLICO COUNTY This is 'to certify that Garvin D. Hari— and wife, Vivian B. Hardison, personally appeared be°ore ine this day and acknowledged the due execi)tior. of the forenoing deed of conveyance. Witness my hand -and notarial seal this the ; ;_ day of July, 1968. 1 votary i u Tic , My Commission expires: + M✓r lomnMMan ter.. .. , �rnx• 70 1'n'' ...` *`• `t i ...ti.H1 �...��• •1 l��t l•.1�f� ( i� r�! '.:{Q (S�r.13 ! .. ! 'q ��„` was+. . ,r!''.y'u�'era;4l...,;;i:•i.�.,rs,... ` . :,:, .►�;...f -.�+w;c�1+-`.•11sM•r•t .#:'+.r.,�Q,,�.�,IR1.!�,� � . ,. ., -,..,�„ry+r',• .o+:..liW.,..sr:d-:.. r •4.,...:.:.cxMoh...;,:... 1a..r., . ..t .. .a,,. .r a .,. . ... .. .. .. y a•a .. +Ir. .. Y j I ene+s 150.Q 120 40M + NORTH CAROLINA �.r �'" • ��, BERTIE COUNTY .��;; �•p'�_, �rtif that Wilma H. Wynn and�'' �,i,:• j,, 't�T' . This is to C_ y ,4�;?r,,.•, f ; y husband, Leo Wynn, personally appeared before me this day . and acknowledged the due execution of the -foregoing deed 1 of conveyance. �;;;j" •. Witness my hand and:notarial seal this ;F day of July, 1968. . l *fLO BAR) +'- ,� .: - + : p Jotary Public �omUss on xpires: �.: Al NORTH CAROLINA WAKE COUNTY , This is to certify that Winifred It Cranor personally appeared before me this day ands- • acknowledged the due execution of the foregoing deed � • t, of conveyance. '.'.. Witness my hand and notarial seal this. the'�•5-1 day of July, 1968. :5 . Notary Public I My Commision expires: . .. NORTH CAROLINA ``': �• x" :` ��?=; ' S . :.�: PAMLICO COUNTY ?%r:�aw j p•1tir��` s� C The foregoing certificates of .( �i�'� �ij?\\`•°� � `' kc , r � : Notaries p tic of North Carolina, are certified to he ;.:;; correct. This instrument was .presented for registration y: this day and hour and duly recorded in the office of the Register of Deeds of Pamlico County, N. C. , in Book - -:.LL.1. g9•... ;i. ! page This the. day of July, 1968, at s o'clock M. By . .� '. `c IR i ter aFDeedp ss . Reg seer of 'Deeds