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HomeMy WebLinkAbout106-03 Bonney Albert L. & Larry R. Permit Class Permit Number NEW 106-03 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission ikrmit 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 Albert L. and Larry R. Bonney,PO Box 503, Hatteras, NC 27943 Authorizing development in Dare County at canals & basins off Pamlico Sound, 51796 Hwy 12 Frisco , as requested in the permittee's application dated 2/25/03. including attached workplan drawing (1), dated revised 4/16/03. This permit, issued on July 30,2003 , 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. Moratorium 1) In order to protect fishery resources, no excavation or filling will be permitted between the dates of March 1 and September 30 of any year without the prior approval of the North Carolina Division of Coastal Management, in consultation with the Division of Marine Fisheries. Shoreline Stabilization 2) The bulkhead shall be aligned across the mouth of the basin to be filled and shall run in a straight line from bulkhead to bulkhead. 3) The bulkhead must be constructed prior to any backfilling activities. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission. date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit must be accessible on-site to Department J personnel when the project is inspected for compliance. /7 w Any maintenance work or project modification not covered Donn . Moffitt,Director hereunder requires further Division approval. Division of Coastal Management All work must cease when the permit expires on This permit and its conditions are hereby accepted. December 31, 2006 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee FThe . Bonney Permit#106-03 Page 2 of 3 ADDITIONAL CONDITIONS must be structurally tight so as to prevent seepage of backfill materials through the 5) The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles or other suitable materials approved by department personnel. 6) The backfill material will be clean and free of any pollutants except in trace quantities. 7) All backfill material will be obtained from a high ground source and confined behind the permitted bulkhead. 8) No backfill material is to be placed within 30 feet of the normal high water line, except that which will be used to backfill the area behind the permitted bulkhead. 9) No backfill material will be placed at any time in any surrounding waters outside of the alignment of the fill area behind the permitted bulkhead as indicated on the workplan drawings. Maintenance Excavation 10) Excavation will not exceed -6 feet below the mean low water level. In no case shall the depth of excavation exceed the depth of connecting waters. Spoil Disposal 11) The spoil disposal area must be inspected and approved by a representative of the Division of Coastal Management prior to the commencement of any dredging activities. 12) No spoil material is to be placed within 30 feet of the normal water line. 13) 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 spillover of solids into any marsh or surrounding waters. 14) The disposal area effluent will be contained by pipe, trough, or similar device to a point at or beyond the mean low water level to prevent gully erosion and unnecessary siltation. 15) The terminal end of the pipeline will be positioned at or greater than 50 feet from any part of the dike and a maximum distance from spillways to allow settlement of suspended sediments. 16) A water control structure will be installed at the intake end of the effluent pipe to assure compliance with water quality standards. 17) The diked disposal area will be constructed a sufficient distance from the mean high water level or any marsh to eliminate the possibility of dike erosion into surrounding wetlands or waters. 18) The diked disposal area will be properly graded and provided a ground cover sufficient to restrain erosion within 30 working days of project completion. A Albert L. and Larry R. Bonney Permit#106-03 Page 3 of 3 ADDITIONAL CONDITIONS Sedimentation and Erosion Control NOTE: 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, 943 Washington Square Mall, Washington, NC 27889. 19) In order to protect water quality, runoff from construction must not visibly increase the amount of suspended sediments in adjacent waters. 20) Appropriate sedimentation and erosion control devices, measures or structures must be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, sand fence, etc.). i General 21) No vegetated wetlands or submerged aquatic vegetation will be excavated or filled. 22) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 23) The permitted activity will be conducted in such a manner as to prevent a significant increase in turbidity outside of the area of construction or construction-related discharge. Increases such that the turbidity in the waterbody is 25 NTU's or less in all saltwater classes are not considered significant. 24) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 264-3901 prior to the commencement of any such activity for this determination. The permittee is further advised that many non-water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water Quality Certification No. 3400 (DWQ Project No. 030559), which was issued on 7/22/03. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 200310576. A��w !' NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F.Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary July 31, 2003 Mr.Albert L. Bonney&Mr. Larry R. Bonney P.O. Box 503 Hatteras,NC 27943 Dear Sirs: 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 (buff-colored form) is retained by you and it 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. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions,you may request a hearing pursuant to NCGS 113A-121.1 or 113- 229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance require additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it 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. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any ti=.for assistance. By working in accordance with the permit,you will be helping to protect our vitally important coastal resources. Sincerely, V Douglas V Hsu�gett Major Permits=and Consistency Manager Enclosure 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-22931 FAX: 919-733-14951 Internet: http://dcm2.enr.state.nc.us An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT MAY 7 LUU i 1. APPLICANT'S NAME: Albert L. Bonney and Larry R. Bonney ZROFCOASTALMANWa PROJECT NAME : ` Bonney 2. LOCATION OF PROJECT SITE: north of NC 12, Frisco, Dare Co., man-made canals and basins which connect to the Pamlico Sound, 51796 NC 12; Digital Data Base: Index Nos. 5362 - 5368 Photo Index - 2000: 172-2018, photo not available.; 1995: 172-1762, P 9; State Plane Coordinates: X: 3010400; Y: 564600 GPS C041615A 3. INVESTIGATION TYPE: CAMA/D & F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - April 16, 2003 Was Applicant Present - No (but was present at two previous site visits under different / former application, i.e., Doris Smith & Island Boat Works) 5. PROCESSING PROCEDURE: Application Received Complete - April 21, 2003 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan -Dare County Land Classification From LUP - Conservation (B) AEC(s) Involved: Public Trust Area, Estuarine Waters, Estuarine Shoreline, (C) Water Dependent: yes (D) Intended Use: Private / Commercial (E) Wastewater Treatment: Existing - none at this time; Planned - none (F) Type of Structures: Existing- 2 canals, 14 slips & 2 bulkheaded basins; Planned - bulkhead across and fill one existing basin; also undertake maintenance dredging of channel, canals and basin (G) Estimated Annual Rate of Erosion: NA Source - Applicant 7. HABITAT IMPACT DESCRIPTION: [AREA] EXCAVATION FILL SPOI ITE (A) Wetlands (B) Public Trust/Estuarine 65,600sf/1.51A 5,000sf/0.1 1A Waters (C) Upland / Estuarine Shoreline 50,404 sf/1.16A (D) Total Area Disturbed: 70,600sf/ 1.62 A (E) Primary Nursery Area: No (F) Water Classification: SA; closed to shellfish harvest 8. PROJECT SUMMARY: This project involves the maintenance excavation of an existing access channel, boat basin, and two connecting canals located in Frisco, North Carolina. This project includes the filling of an existing boat basin no longer in use. This application also concerns the request for State authorization of a long-term maintenance dredging agreement. Albert and Larry Bonney, Dare County Page 2 FIELD INVESTIGATION REPORT Project Setting The application site is located directly east of Old Landing Road, between NC 12 and the Pamlico Sound in Frisco, Dare County. The project site, including two-canals, and two basins, as well as an access channel into these canals, is associated with three separate parcels, lots 1, 3A, and 3B, and these total 2.8 acres. These parcels are owned by Albert L. and Larry R. Bonney, and they are co-applicants on the proposed project. The Bonney' s have recently (within the past two-weeks) purchased these properties from John and Linda Monsell. CAMA Major Permit No. 44-88 was previously issued to John Monsell for previous channel maintenance, and other water dependent activities, associated with this site. A review of available aerial photographs indicate that the existing canals and basins existed prior to 1978, and prior to that time, the current spoil site had already been used as a dredge spoil retention site. These photos indicate that much of the shorelines of these waterways were either high ground or had been filled sometime prior to 1978. Lot 1 is located directly along NC12, and includes one existing residential structure, and one existing commercial building with an associated parking area. Lot 3A is a vacant upland, 2- acre tract, and is a peninsula, surrounded by the waters of two canals and the Pamlico Sound. The entire shoreline of this lot is stabilized with wood bulkhead. 14 boat slips are located along the west side of this lot, adjacent to the basin located behind Island Boat Works. Previous permits for this lot authorized bulkhead, boat ramp, and boat slip construction, as well as open water and canal/basin maintenance excavation. Lot 3B is a vacant, .35-acre tract located between Island Boat Works and Lot 1. Island Boat Work, Inc. is the predominate user of the existing channel, canals and basin area, and this small company repairs and builds larger boats (60 to 100-ft in length). For the purpose of this application review, the canal to the south will be referred to as `canal 1', and the canal to the north will be referred to as `canal 2'. As lot 3A is the only parcel with `physical' riparian access, and is directly adjacent to the proposed development that this application review concerns, the following site description and discussion will deal only with land and water areas on, or adjacent to lot 3A. The site elevation of lot 3A is approximately 4-ft above the NHWL. Although portions of adjacent properties (across the canals) are vegetated in coastal marsh and other wetlands, lot 3A is entirely upland, and is sparsely vegetated with upland grasses and Spartina patens. The exposed soils are predominately fine marine sands, shell, and disturbed soils (Osier and Psamments). Due to the lot alignment with the two adjacent canals, five adjacent riparian property owners have been identified as adjacent to this project site. From northeast in a clockwise direction, these include Harlon C. Willis, Jeffrey Midgett, Island Boat Works, Inc., George H. Williams, Robert and Florence Swartz, and Alan Mehanes. The shorelines of the Mehanes, Swartz, and Island Boats Works, Inc. properties are stabilized with bulkhead structures. A CAMA Major Permit No. 04-03 was recently issued to Alan Mehanes to install rock rip-rap along portions of his existing bulkhead wall across the canal, south of lot 3A. Albert and Larry Bonney, Dare County Page 3 FIELD INVESTIGATION REPORT The width of canal 1 ranges between 120 and 140-ft, and the existing channel of this canal is aligned directly offshore of lot 3A. Canal 1 is the primary canal associated with this property, and the navigation channel is aligned to extend directly into the boat basin at the end of this canal, and in front of the boat ramp for Island Boat Works, Inc. The water depths in canal 1 range between 1.5-ft, and 5-ft below the NHWL, with the existing channel depths ranging between 4 and 5.5-ft below the NHWL. The width of canal 2 ranges between 50 and 85-ft, and the existing channel of this canal is also aligned directly offshore of lot 3A. Canal 2 is a secondary canal associated with this property, and the navigation channel that enters this canal is aligned to extend beyond a 5,000-sf boat basin that is aligned perpendicular to the canal alignment. The water depths in canal 2, and its associated channel, range between 2 and 6-ft below the NHWL. The channel and canal bottom areas were visible on the day of this site visit, and the first several inches of bottom material consisted of fine sand and shell fragments, with little apparent organic composition. No significant areas of submerged aquatic vegetation were observed. However, it is important to note that large beds of submerged aquatic vegetation are common in this vicinity of the Pamlico Sound. The waters of these canals carry the same water classification as the Pamlico Sound. The North Carolina Environmental Management Commission has designated these waters as `SA' waters (suitable for shellfish propagation and harvesting); however, the waters in this vicinity are closed to the commercial harvest of shellfish. The North Carolina Marine Fisheries and Wildlife Resources Commissions classify the waters of the Pamlico Sound as Coastal Waters. During the site investigation, no shellfish were observed along the water bottom. Juvenile fmfish and crustaceans have been observed along the shoreline. The Coastal Resources Commission (CRC) has also designated these waters as Estuarine Waters and Public Trust Areas of Environmental Concern (AEC). Also under the designation of the CRC, a Coastal Shoreline AEC extends in a contour of 75 ft landward of the NWL. The CRC has also designated coastal wetland vegetated areas, like those described above that exist on adjacent properties, as a Coastal Wetland AEC. During a review of available mapping data on recorded archaeological and/or historical- cultural resources, it was discovered that approximately 10-sites have been identified that are within 2,000-ft of the project site. Project Description This project involves the maintenance excavation of an existing sound channel, a boat basin, and two adjacent canals. This project will also include the filling of an adjacent basin that is associated with one of these canals, and is no longer used for boat mooring. This application also concerns the request for State authorization of a long-term maintenance dredging agreement to maintain 6-ft water depths in the connecting access channel, canals and basin. f Albert and Larry Bonney, Dare County Page 4 FIELD INVESTIGATION REPORT Prior to any offshore maintenance excavation, the project will commence with the construction of a 65-ft long bulkhead wall to close off the existing basin located in canal 2. This basin is 65-ft wide and, at it's longest length, is 100-ft. Water depths in this basin range between 2 and 3-ft below the NHWL. This basin will be backfilled with clean fill material to the original land surface elevation, in conjunction with the construction of an on-site spoil retention structure to handle the eventual dredge spoil that will be generated during the maintenance excavation of the open-water channel, the two existing canals, and the remaining boat basin. It is estimated by the permit applicant that the filling of this basin will result in the placement of approximately 550-cy of fill material below the NHWL, and the loss of about 5,000-sf of water bottom. The spoil retention structure will be constructed on lot 3A, and will consist of 1.2-acres of containment area. The structure is planned such that the landward toe of the berm configuration will be at least 30-ft landward of the shoreline. The structure berm walls will be constructed of clean, fill-sand material, some coming from on-site, but mostly supplemented by additional off-site material. The berm walls will be approximately 40-ft wide, 8-ft high, and at least 5-ft wide at the berm crest. The application drawings indicate that the berm will be constructed at a 3 to 1 slope, and the structure will be operated to allow for a 1-ft freeboard. The hydraulic dredge spoil influent line will be situated at the west end of the retention structure. The effluent control structure will be located approximately 250-ft east of the influent line. The effluent discharge outfall will be located at the northeast end of the retention structure, near the effluent control structure, and will discharge into canal 2, approximately 50-ft west of the adjacent property line of Jeffrey Midgett. The access channel maintenance work will be undertaken with a hydraulic dredge barge. The maintenance excavation will commence approximately 600-ft offshore to the southwest at the existing 6-ft water depth bottom contour, and will extend northeast approximately 300 to 350- ft, where it will broaden to a maximum of approximately 100-ft, and then narrow into two- separate channels that will enter each of the existing canals. The canal 1 navigation channel will be 40-ft in width, and will hug the shoreline of lot 3A. The canal 2 navigation channel will also be 40-ft in width, but will narrow to 30-ft width, approximately 120-ft into the canal. This maintenance channel will hug the northern shoreline of lot 3A, and will terminate in front of the newly constructed bulkhead in front of the filled basin. It is estimated by the permit applicant that this overall access channel and canal maintenance excavation will result in the removal of 5,400-cy of dredge spoil. Albert and Larry Bonney, Dare County Page 5 FIELD INVESTIGATION REPORT Anticipated Impacts This project will result, as referenced above, in the filling of approximately 5,000-sf of public trust water bottom within a man-made basin. This portion of work will result in at least 550-cy of fill material being placed below the NHWL. 1978 aerial photos indicate that this basin existed and had upland area around the shoreline at that time. It is unknown whether this basin, and for that matter, the canals were excavated from wetlands. In all probability, at least portions of this system were excavated from wetlands, however, information is not available to determine whether this basin, was in fact high ground or not, prior to its creation. The proposed maintenance dredging will result in the bottom disturbance, and associated turbidity of approximately 65,600-sf of the Pamlico Sound, and it's connecting waters. It can be anticipated that the overall project, including both the upland dredge spoil retention site creation and operation, and the associated proposed maintenance dredging, will result in associated turbidity in the vicinity of this project during the duration of the project. The project will not result in the excavation of any significant SAV beds. No portions of the proposed work will result in the filling, or excavation of any vegetated wetlands. The project will not result in any significant interference with any adjacent riparian access, or Public Trust Area navigation. The project will enhance the applicant's public trust access, as well as public trust access for each adjacent riparian neighbor. Although the proposed basin fill will eliminate a mooring area adjacent to the Midgett property, currently, several slips are available along the shoreline of the Midgett property. The applicant and neighboring property owners have stated that the basin is rarely used. The applicant has requested that a long-term maintenance dredging agreement be approved for the existing access channel, associated canals, and basin to allow for annual, routine maintenance excavation to provide 6-ft water depths in these waters. This depth is frequently needed for Island Boat Works, Inc. to load and launch vessels to and from their ship building facility. A long-term agreement would not result in any additional impacts to any significant coastal resources, and may result in less cumulative impacts, as the scope of annual maintenance would take less time to complete, and result in shorter periods of time that the water bottom would be disturbed, and turbidity would be present in the water column. Hatteras Island is known to be rich in archaeological and cultural resources. An inspection of mapping data on cultural resources revealed that archaeological, or cultural resource findings have been recorded on these maps of the Frisco area. This review indicates that sites have been identified that appear to be in close proximity to this project. It is important to reiterate that Hatteras Island has a rich heritage in cultural resources, and these maps have not been updated in at least 10 years. The potential for the discovery of additional cultural or historical resources is possible. Submitted by: Dennis W. Hawthorn Date: May 2, 2003 Form DCM-MP-1 rt%FV:1VE0 PPLICATIOAPR 21 AN (To be completed by all applicants) COASTAL MANAGEMENT ELIZABE T H CITY c. Street address or secondary road number 1. APPLICANT 51796 HWY 12 d. Is proposed work within city limits or planning a. Landowner: jurisdiction? X Yes No Name Albert L. &Larry R. Bonney e. Name of body of water nearest project (e.g. river, creek, sound, bay) Pamlico Sound Address PO Box City Hatteras State NC 3. DESCRIPTION AND PLANNED USE Zip 27943 Day Phone 252-995-4500 OF PROPOSED PROJECT Fax a. List all development activities you propose (e.g. b. Authorized Agent: building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. Name Ouible&Associates, P.C. Maintenance dredging of existing access channel and filling of manmade basin. Address PO Drawer 870 City Kitty Hawk State NC b. Is the proposed activity maintenance of an existing project,new work, or both? Both Zip 27949 Day Phone 252-261-3300 c. Will the project be for public,private or commercial use? Commercial Fax 252-261-1260 d. Give a brief description of purpose, use, methods of construction and daily operations ofproposed project. c. Project name(if any) Bonney CAMA Major If more space is needed, please attach additional pages. Hydraulic dredging of channel.Spoil material to be NOTE: Permit will be issued in name of landowner(s),and/or placed within diked disposal area constructed onsite. project name. 2. LOCATION OF PROPOSED PROJECT a. County Dare b. City,town, community or landmark Hatteras CE-1 Form DCM-MP— 1 APR �I r," COASTAL fiAEN7 LIZABETH CITY m. Describe existing wastewater treatment facilities. 4. LAND AND WATER Conventional onsite wastewater system. CHARACTERISTICS n. Describe location and type of discharges to waters of a. Size of entire tract 2.83 acres the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash b. Size of individual lot(s)Lot 1=0.48 acres down" and residential discharges.) Lot 3A=2.0 acres, Lot 3B =0.35 acres Surface runoff c. Approximate elevation of tract above MHW or NWL —4 ft. o. Describe existing drinking water supply source. Dare County water supply. d. Soil type(s) and texture(s) of tract Osier-fine sand, Psamments (spoil disposal areal e. Vegetation on tract Some scrub-shrub type vegetation 5. ADDITIONAL INFORMATION and opportunistic herbaceous vegetation throughout disturbed areas. In addition to the completed application form, the f. Man-made features now on tract Boat shop. Gift shop following items must be submitted: and associated parkins areas,bulkheaded shoreline, 14 boat slips. • A copy of the deed (with state application only) or other instrument under which the applicant claims title g. What is the CAMA Land Use Plan land classification to the affected properties. If the applicant is not of the site? (Consult the local land use plan) claiming to be the owner of said property,then forward Conservation Transitional a copy of the deed or other instrument under which the X Developed Community owner claims title, plus written permission from the Rural Other owner to carry out the project. h. How is the tract zoned by local government? • An accurate, dated work plat (including plan view None and cross-sectional drawings) drawn to scale in black ink on an 8 '/2" by 11" white paper. (Refer to Coastal i. Is the proposed project consistent with the applicable Resources Commission Rule 710203 for a detailed zoning? X Yes No description.) (Attach zoning compliance certificate, if applicable) Please note that original drawings are preferred and j. Has a professional archaeological assessment been only high quality copies will be accepted. Blue-line done for the tract? Yes X No prints or other larger plats are acceptable only if an If yes,by whom? adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers k. Is the project located in a National Registered Historic regarding that agency's use of larger drawings.) A site District or does it involve a National Register listed or or location map is a part of plat requirements and it eligible property? must be sufficiently detailed to guide agency personnel Yes X No unfamiliar with the area to the site. Include highway or secondary road(SR)numbers,landmarks,and the like. 1. Are there wetlands on the site? Yes X No Coastal (marsh) Other If yes,has a delineation been conducted? (Attach documentation, if available) Form DCM-MP- 1 APR 2, 1 ?n; COASTAL MANAGEMENT • A Stormwater Certification, if one is necessary. use of public lands, atteMlifalement documenting compliance with the North Carolina Environmental • A list of the names and complete addresses of the Policy Act. adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by 6. CERTIFICATION AND PERMISSION certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the TO ENTER ON LAND proposed project to the Division of Coastal Management. Upon signing this form, the applicant I understand that any permit issued in response to this further certifies that such notice has been provided. application will allow only the development described in Name George H. Williams Jr. the application. The project will be subject to conditions Address PO Box 562, Hatteras,NC 27943 and restrictions contained in the permit. Phone I certify that to the best of my knowledge, the proposed Name Jeffery Midgett activity complies with the State of North Carolina's Address PO Box 592, Buxton,NC 27920 approved Coastal Management Program and will be Phone conducted in a manner consistent with such program. Name Allen Mahanes I certify that I am authorized to grant,and do in fact,grant Address 7913 W.Azalea Garden Rd.,Norfolk,VA 23518 permission to representatives of state and federal review Phone agencies to enter on the aforementioned lands in connection with evaluating information related to this Name Doris Smith, Island Boat Works permit application and follow-up monitoring of the Address PO Box 326,Hatteras,NC 27936 project. Phone I further certify that the information provided in this Name Robert&Florence Swartz application is truthful to the best of my knowledge. Address PO Box 399 Hatteras,NC 27943 Phone This is the 25' day of February 2003 • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, Print Name Douglas A. Dorman permittee, and issuing dates. Signature CAMA Major Permit#44-88,John Monsell,0/1/88 Landowner or Authorized Agent Renwal 1/22/92,Renewal 3/8/94 Please indicate attachments pertaining to your proposed • A check for $250 made payable to the Department of project. Environment,Health, and Natural Resources(DEHNR) to cover the costs of processing the application. X DCM MP-2 Excavation and Fill Information DCM MP-3 Upland Development • A signed AEC hazard notice for projects in oceanfront DCM MP4 Structures Information and inlet areas. DCM MP-5 Bridges and Culverts DCM MP-6 Marina Development • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A- 1 to 10) NOTE: Please sign and date each attachment in the If the project involves the expenditure of public funds or space provided at the bottom of each form. r Form DCM-MP-2 Mke APR �. EXCAVATION COAS'lAL IVIANAGEIOFNT ELIZA13ETriCITY AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other 1. EXCAVATION sections of the Joint Application that relate to this proposed project. a. Amount of material to be excavated from below Describe below the purpose of proposed excavation or fill MHW or NWL in cubic yards 5,400 activities. All values to be given in feet. b. Type of material to be excavated sand Average Final Existing Project Length Width Depth Depth c. Does the area to be excavated include coastal Access wetlands (marsh), submerged aquatic vegetation channels 1,090' 40' 4.0' 6' (SAVs) or other wetlands? _Yes X No (MLW)or(NWL) 550' 40' 3.5' 6' d. High ground excavation in cubic yards NA Canal Boat 2. DISPOSAL OF EXCAVATED basin MATERIAL Boat a. Location of disposal area Onsite disposal area ramp Rock groin b. Dimensions of disposal area Irregular shape see enclosed plat. Disposal area is 50,404 sq.ft. Rock breakwater c. Do you claim title to disposal area? X Yes No Other(Excluding If no, attach a letter granting permission from the shoreline owner. stabilization) d. Will a disposal area be available for future maintenance? X Yes —No If yes, where? e. Does the disposal area include any coastal wetlands (2) Dimensions of fill area (marsh), SAVs or other wetlands? Manmade basin 4,974 sf depth av . 3g ' _ Yes X No (3) Purpose of fill To fill manmade basin that f. Does the disposal include any area in the water? was excavated out of high ground. X Yes No b. Will fill material be placed in coastal wetlands 3. SHORELINE STABILIZATION (marsh), SAVs or other wetlands? Yes X No If yes, a. Type of shoreline stabilization (1) Dimensions of fill area N/A X Bulkhead Riprap (2) Purpose of fill N/A b. Length 65' c. Average distance waterward of MHW or NWL 86'at midpoint of bulkhead that will enclose manmade 5. GENERAL basin. This measurement refers to the filling of the manmade basin only. See the enclosed plat for more detail. a. How will excavated or fill material be kept on site and erosion controlled? Spoil berm to be constructed d. Maximum distance waterward of MHW or NWL with silt fence around perimeter.A Sedimentation and 100'from east side of basin to be filled. This Erosion Control was applied for on 3/14/03. measurement refers to the filling of the manmade basin only. See enclosed plat. e. Shoreline erosion during preceding 12 months b. What type of construction equipment will be used(for N/A example, dragline, backhoe, or hydraulic dredge)? (Source of information) Hydraulic dredge,backhoe, dozer. f. Type of bulkhead or riprap material Wood c. Will wetlands be crossed in transporting equipment to g. Amount of fill in cubic yards to be placed below water project site? Yes X No level If yes, explain steps that will be taken to lessen (1) Riprap environmental impacts. (2) Bulkhead backfill 554 cubic yards h. Type of fill material Sand Ouible &Associates, P.C., Agent for Applicant or Project Name i. Source of fill material Spoil material Signat February 25, 2003 4. OTHER FILL ACTIVITIES Date (Excluding Shoreline Stabilization) a. Will fill material be brought to site? APR 4 Yes X No COASTAL PAANAGEMENT If yes, ELIZABETH CITY (1) Amount of material to be placed in the water 554 cubic yards it lltltllliiillilllil?. - it tt illltl , � ttlllllliltlllllllllt is l iltllllt � .11tllltlliilllltlllit ? 1 lllllllll � - ' .11lllllllltlllltilll�i? i tl llttlltlttl li?.11lllllltllltlllltlt� llltillltllll �lll ll tMIN "Will :.:. 11 ltllllltltl�ilillllllllt illl llltltltllill � N ,"„t;,t.... oD llllltllltl lltllit ItIIt ll 1 lllttlttlttiil „l„Il 'V !lllllllllll il,llilill 1 ll tlllllllll.ttlltl, ;; ; ttttttlt'tlittl ll�lllllll t ll lIItIIIII-11111tI (g Mitt � , , iiii llil lttilitll?lll ,>�t �tltltl: llllt?tillttl 'i �lllltl? t it+li? lllit..ltltt't. 11 �x il»; illiiilii 'tlllil tltlllilt't.? l'ttlll,tlilll?itlill tllllltlltltl111ll11? illlilt ' ttllllttlalillllli ;t1 " f lltiillllliltlltit�tl' t111iti • t ' l1i1111311ttltll ` ',;;;; ' lillitlltllltl llillili? 11t titllllltlllltlll tit lllllilt' .r'lllilltll tl�tl ' llllilillllllltt ;,,,ll Q t ltli�ll�lll ttll? lc .liiltlitl ? tlli . ?� ltl tlltl itlttill ltlilltillltlilIt L „ y �tiltlill itlll�lll? ? t�lltlllllilltllltltt : .l l 11 t l l l 1111�'-'-L`=��-�•—•r--._.,� t lltlll l lllitl t 111tllliltt't 1 S �---- t 1 t lltllil l tit It •lltltlllllt! � t t 1 t llllllt. it i1�1 , liT '1i11tllllt� t 1 tl 11 lttlltl 1lt I;y t.t Ill 1 1 tlltll LJ � } l. ` t j it 1 1 1 E , '-r{1111111111Tn_ ' 1111 t t 1 111 1 l 4 t a t 1 t c•�-t-,-c-r t 1 l t 111 � � 1.l � � 1 1 I Na; tit 1. t i { FNtil 1 cl UJ S' LLI G U C ,i DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 4 1) APPLICANT: Albert L. Bonney and Larry R. Bonney County: Dare LOCATION OF PROJECT: North of NC 12, Frisco, man-made canals and basins which connect to the Pamlico Sound DATE APPLICATION RECEIVED COMPLETE BY FIELD: April 21, 2003 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: No CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES FIELD REPRESENTATIVE: Dennis Hawthorn DISTRICT OFFICE: Elizabeth City DISTRICT MANAGER REVIEW: = S-(o-O� B) DATE APPLICATION RECEIVED IN RALEIGH: 5- -03 FEE REC'D:$ 7 S `O PUBLIC NOTICE REC'D: ✓ END OF NOTICE DATE: 6'1t?J1103 ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: ✓ APPLICATION ASSIGNED TO: Se, h4Ft. ON: `b'"03 C) 75 DAY DEADLINE: 7/5 /o 5 150 DAY DEADLINE: MAIL OUT DATE: '0 3 STATE DUE DATE: I FEDERAL DUE DATE: e. FED COMMENTS REC'D: 1 7l ? PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS OBJECTIONS: NOTES RETURNED YES NO Coastal Management- Regional Representative " � �0 ✓ �i0/Nii/J3' Coastal Management- LUP Consistency Division of Community Assistance 163 Land Quality Section s �3/03 ✓ St= R=bu� v Division of Water Quality 4 03 6 Storm Water Management (DWQ) w' W0 3 ���1✓` State Property Office slot 7/a ✓ Division of Archives &History G<oZlu3 ✓ Division of Environmental Health Division of Highways G�y/c3 ✓ Wildlife Resources Commission Division. of Water Resources Division of Marine Fisheries 5122,/U3 ✓ MA+?4rvAruM 63/1— 3v) Submerged Lands (DMF) R Permit# 106 3 DCM Coordinator: S MAILING DISTRIBUTION: Permitee: L•4M Y& 3,I& Agent: M1)lst 4 Aooc DCM Field Offices: Elizabeth City Morehead City washinwtcu Wrhtfingtan US Army Corps of Engineers(USACE): Washington: BiH-�ee e{�CDOT) Raleigh Bland Wilmington: Ti (NCDOT) y cker Others: C Early Environmental alth• sa„di-rs Street NGDOT! Rube,to eanede Shellfish Sanitation: Patti Fowler Water. ) d V;ildli€e Rese�rees---n—id M(-Hf-nqj —Beinl�e Da,64 C-s�T) 'frail;& w;",, WCDOT) FAXING DISTRIBUTION: P eat Agent at -2co DCM Field Offices: Elizabeth City Morehead City VV-ashifrgten US Army Corps of Engineers(USACE): Washington: r.,..kp-l3o44N Y T) BH DOT) Raleigh Bland Wilmington: CDOT) enry Wic c IT—inted ac InRmi DEPARTMENT OF THE ARMY / WILMINGTON DISTRICT, CORPS OF ENGINEERS Washington Regulatory Field Office P.O.Box 1000 Washington,North Carolina 27889-1000 IN REPLY REFER TO August 6, 2003 Regulatory Division AUG 14 2003 Action ID No. 200310576 and State Permit No. 106-03 WOFOQA4�I'A IIIiN it Albert L. and Larry R„Bonney Post Office Box 503 Hatteras, North Carolina 27943 Dear Mr. Bonney: Reference your application for a Department of the Army(DA) permit to maintenance dredge an existing access channel and boat basin, and place fill material within another existing basin, on property located off NC Highway 12, adjacent to the Pamlico Sound, in Frisco, Dare County, North Carolina. Your proposal has been reviewed and found to be consistent with the provisions and objectives of General Permit No. 198000291. Therefore,you may commence construction activity in strict accordance with applicable State authorization and the approved plan. Failure to comply with the State authorization or conditions of the general permit could result in civil and/or administrative penalties. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Questions or comments may be addressed to Mr. Raleigh Bland,Washington Field Office, Regulatory Division,telephone (252) 975-1616, extension 23. Sincerely, r .,J Raleigh Bland,P.W.S. Regulatory Project Manager i -2- s . Copies,Furnished: c Mr. John Dorney Division of Environmental Management North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Ronald J. Mikulak, Chief Wetlands Regulatory Section Water Management Division United States Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Io Doug Huggett 1vision of Coastal Management rth Carolina Department of Environment and Natural Resources 1638 Mail Service Center Raleigh, North Carolina 27699-1638 Mr. Garland B. Pardue United States Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Ron Sechler National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 1 -3- Mr. David Rackley NMFS, Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Mr. Ted Sampson, District Manager Elizabeth City Regional Office North Carolina Division of Coastal Management 1367 US 17 South Elizabeth City,North Carolina 27909 W A Michael F.Easley,Governor 0 9 William G.Ross Jr.,Secretary `OCR QG North Carolina Department of Environment and Natural Resources Alan W.Klimek,P.E.,Director Division of Water Quality O Coleen H.Sullins,Deputy Director Division of Water Quality July 22, 2003 DWQ#03-0559 EDare County Messrs.Albert L.& Larry R. Bonney C/o P.O. Drawer 870 JUL 2 8 2003 Kitty Hawk, NC,27949 APPROVAL of 401 Water Quality Certification with Additional Condition WOFAMISOM FMM Dear Messrs. Bonney: You have our approval, in accordance with the attached conditions,to fill and/or excavate 1.62 acre of Public Trust/Estuarine Waters in order to conduct maintenance excavation of an existing access channel,boat basin,and two connecting canals located in Frisco, Dare County, as described in your application received by the Division of Water Quality on May 7,2003 and in additional correspondence received July 9,2003. After reviewing your application,we have determined that this fill is covered by General Water Quality Certification Number 3400,which can be downloaded from our web site at http://h2o.enr.state.nc.us/ncwetlands. This Certification allows you to use your CAMA Permit when issued by the NC Division of Coastal Management. In addition,you should get any other federal,state or local permits before you go ahead with your project including (but not limited to)Sediment and Erosion Control, Non-Discharge,Water Supply Watershed and U.S. Coast Guard regulations. Also this approval will expire when the accompanying CAMA Permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us in writing and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project(now or in the future)exceed one acre,compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification and the additional conditions listed below: 1. You are required to return the attached Certification of Completion form to notify DWQ when all work included in the 401 Certification has been completed; If you do not accept any of the conditions of this certification,you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing,send a written petition conforming to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings,6714 Mail Service Center, Raleigh, N.C.27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please telephone Tom Steffens in our Washington Regional Office at(252)946-6481 or Cyndi Karoly in our Central Office in Raleigh at(919)733-9721. Sincerely, J Ian . Klimek, P.E. AW K/cbk Attachments cc: Corps of Engineers Washington Field Office Washington DWQ Regional Office Central Files File Copy Doug Huggett, DCM Quible&Associates, P.O. Drawer 870, Kitty Hawk, NC,27949 30867 N.C.Division of Water Quality,401 Wetlands Certification Unit, 1650 Mail Service Center,Raleigh,NC 27699-1650(Mailing Address) 2321 Crabtree Blvd.,Raleigh,NC 27604-2260(Location) (919)733-1786(phone),919-733-6893(fax),(http://h2o.enr.state.nc.us/ncwetlands) Customer Service#: 1-877-623-6748 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley,Governor Donna D. Moffitt, Director William G. Ross Jr.,Secretary July 8, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED Albert L. and Larry R. Bonney PO Box 503 Hatteras,NC 27943 Dear Messrs. Bonney: This letter is in response to the City of Jacksonville's application request under the Coastal Area Management Act (CAMA) and state dredge and fill law to your application for a Coastal Area Management Act Major Development and state dredge and fill permit to conduct maintenance excavation of an existing access channel, canals and boat basin as well as construct a bulkhead on site your property off NC 12 adjacent Pamlico Sound in Frisco, Dare County, NC. Processing of the permit application, which was received by the Division of Coastal Management's Elizabeth City office on April 21, 2003, is ongoing. During the multi-agency review of this permit application, the NC Division of Water Quality (DWQ), 401 Wetlands Certification Unit, by way of the attached June 30, 2003, correspondence has determined that your Stormwater Permit application is incomplete and additional information is needed to properly review your proposed project. Please provide this office with a copy of the 401 Certification for this project. You will be given three working days to respond to this request for additional information from date of transmittal of an e-mail or fax, or five working days from date of mailing. If you provide the copy of the 401 Certification within the required time, DCM staff will resume processing the application and the processing clock will not be suspended. If you have any questions concerning these matters, please feel free to contact me by telephone at (919) 733-2293, extension 240 or email me at Jeff.Schaffer@ncmail.net. Sincerely, 9#_Wc,� Jeff Schaffer Assistant Permits &Consistency Coordinator cc: Dennis Hawthorn -DCM,Elizabeth City DCM,Morehead City Doug Dorman. Quible and Associates,P.C.,PO Drawer 870, Kitty Hawk,NC 27949 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\Internet: http://Www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper A7i�'A FqCDENR North Carolina Department of Environment and ',latural Resources Division of Coastal Manager- . nt Michael F.Easley,Governor Donna D. Moffitt, Director William G. Ross Jr.,Secretary July 7, 2003 Albert L. and Larry R. Bonney PO Box 503 Hatteras,NC 27943 Dear Mr. Bonney: This letter is with reference to your application for a Coastal Area Management Act Major Development and state dredge and fill permit to conduct maintenance excavation of an existing access channel, canals and boat basin as well as construct a bulkhead on site your property off NC 12 adjacent Pamlico Sound in Frisco, Dare County, NC. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S. 113A-122(c) which would make September 18, 2003 the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, if you have any question on the status of your application, do not hesitate to contact this office. Very sincerely, Ye haffer _ Asst. Major Permits/Consistency Coordinator cc: Dennis Hawthorn -DCM,Elizabeth City DCM, Morehead City Doug Dorman, Quible and Associates,P.C., PO Drawer 870, Kitty Hawk, NC 27949 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\Internet: http://www.nccoastaimanagement.net An Equal Opportunity\Affirmative Action Employer—501%Recycled\10%Post Consumer Paper DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS Washington Regulatory Field Office P.O.Box 1000 Washington,North Carolina 27889 1000 IN REPLY REFER TO July 7, 2003 D Regulatory Division Action ID No. 200310576 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 1638 Mail Service Center Raleigh,North Carolina 27699-1638 Dear Mr. Huggett: Reference the application of Albert L. Bonney for a Department of the Army(DA) permit to maintenance dredge an existing access channel and boat basin, and place fill material within another existing basin, on property located off NC Highway 12, adjacent to the Pamlico Sound, in Frisco,Dare 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 permit plans, which are a part of this permit. 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 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 or alteration. 3. In order to protect fishery resources, no excavation or filling 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. -2- 4. No vegetated wetlands will be excavated or filled. 5. Excavation will not exceed—6 feet below the elevation of mean low water(MLW). 6. The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands are not authorized. 7. The fill material will be clean and free of any pollutants except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. 8. No excavated or fill material will be placed in any location or in any manner so as to impair surface water flow into or out of any wetland area. 9. The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 10. 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. Questions or comments may be addressed to Mr. Raleigh Bland, Washington Field Office, Regulatory Division, telephone (252)975-1616,extension 23. Sincerely, 144- Raleigh Bland, P.W.S. Regulatory Project Manager -3- Copies Furnished: Mr. John Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Garland B. Pardue U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh,North Carolina 27636-3726 Mr. Ron Sechler National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr. David Rackley NMFS, Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Mr. Ronald J. Mikulak, Chief Wetlands Regulatory Section Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Mr. Ted Sampson, District Manager Elizabeth City Regional Office North Carolina Division of Coastal Management 1367 US 17 South Elizabeth City,North Carolina 27909 \14A Michael F.Easley,Governor O /9 William G.Ross Jr.,Secretary \O� pG North Carolina Department of Environment and Natural Resources Cq Alan W.Klimek,P.E.,Director Division of Water Quality p .� Coleen H.Sullins,Deputy Director Division of Water Quality June 30, 2002 Dare County DWQ Project No. 03-0559 Ask CERTIFIED MAIL: RETURN RECEIPT REQUESTED Messrs. Albert L. &Larry R. Bonney JUL 0 7 2003 C/o P.O. Drawer 870 Kitty Hawk, NC, 27949 I11IUaOF M� . RAM Dear Messrs. Bonney: On May 7, 2003,the NC Division of Water Quality (DWQ) received your application for a 401 Water Quality Certification for impacts to wetlands, Public Trust Waters and Estuarine Shoreline associated with a maintenance dredging project in Dare County. Insufficient information has been provided in order for us to complete our review. Specifically, please provide the following materials so that we can complete our review of your application: • Please provide details with respect to your requested"long term maintenance dredging agreement'with the State of North Carolina. Specifically, please provide a time schedule for all dredging activities related to the existing facilities for which the dredging is to be conducted. You should note that DWQ will not issue a 401 Certification without a specific expiration date, and therefore will not issue a 401 Certification with an undefined time schedule. If you propose to conduct these dredging activities for a number of years, you will need to justify the schedule. If a 401 Certification is issued and subsequently expires on the date assigned, you would need to re-apply for a new 401 Certification at that time. Until the information requested in this letter is provided, I will request (by copy of this letter)that the Corps of Engineers and Division of Coastal Management place this project on hold. Also, this project will be placed on hold for our processing due to incomplete information (15A NCAC 2H .0507(h)). Thank you for your attention. If you have any questions, please contact Tom Steffens in the Washington Regional Office at (252) 946-6481 or Cyndi Karoly in our Central Office in Raleigh at (919) 733-1786. F ' ey AW K/cbk cc: Corps of Engineers Washington Regulatory Field Office Washington DWQ Regional Office Doug Huggett, DCM File Copy Central Files Quible &Associates, P.O. Drawer 870, Kitty Hawk, NC, 27949 030559 As N.C.Division of Water Quality,401 Wetlands Certification Unit, 1650 Mail Service Center,Raleigh,NC 27699-1650(Mailing Address) 2321 Crabtree Blvd.,Raleigh,NC 27604-2260(Location) (919)733-1786(phone),919-733-6893(fax),(ht_pt ://h2o.enr.state.nc.us/ncwetlands) Customer Service#: 1-877-623-6748 �0F WATF19 � Michael F.Easley,Govenor \O G William G.Ross,Jr.Secretary Cq r Department of Environment and Natural Resources Alan W.Idimek,P.E.., Director Division of Water Quality June, 12, 2003 Mr. Albert L. Bonney PO Box R ECEiVZ Hatteras, North Carolina 27943 JUN 1 9 2003 Subject: Bonney Dredge and Fill Project SW703o503 [?fl/.OFCOASTALMANRGE��1,�?r; RALFiCH Dare County Dear Mr. Bonney: This office received your CAMA Permit application and supporting information on May 7, 2003. Staff review of the plans and specifications has determined that the project, as proposed, will not consist of any significant amount of new impervious surfaces on site. For this reason, your project should not pose surface water quality threats from stormwater runoff. The Director has determined that projects that are reviewed and approved by the Division as not posing water quality threats from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000. For this reason, we are informing you by way of this letter that your project will not require a stormwater management permit at this time. Please keep in mind that this determination does not affect your legal requirements to obtain other permits which may be required by the Division of Water Quality, the Division of Land Resources, Coastal Area Management Act or any other Federal, State or Local Government. Any future modifications to the project may require an additional review from this office to assure that stormwater impacts are not an issue. If you have any questions or need additional information concerning this matter, please contact Mr. Robert Tankard at(252) 946-6481, extension 233. Sincerely, Jim Mulligan Regional Water Quality Supervisor cc: Quible& Associates Dare County Inspections Doug Huggett v.,'- Washington Regional Office Central Files 943 Washington Square Mall,Washington,North Carolina 27889 Telephone 252-946-6481 FAX 252-946-9215 An Equal Opportunity Affirmative Action Employer FILE 5 p�p COPY State of North Carolina Department of Environment and Natural Resources Washington Regional Office [Acchael F.Easiey,Govemor DIVISION OF LAND RESOURCES William G. Ross,Jr., Secretary LAND QUALM SECTION May 19, 2003 Messrs. Albert L. and Larry R. Bonney c/o Quible and Associates ATTN: Mr. Douglas Dorman Post Office Drawer 870 Kitty Hawk, North Carolina 27949 RE: Bonney Tracts Drainage Basin: Pasquotank Frisco -Dare County Dear Sir: As an agency involved in the Division of Coastal Management's major permit application review process, we have determined that more than one acre will be disturbed by the activities as described. Therefore, in addition to a permit from the Division of Coastal Management, an erosion and sedimentation control plan must be submitted to and approved by this office before development begins. The requiring of an erosion and sedimentation control plan is based on a mandatory standard for land-disturbing activity of the Sedimentation Pollution Control Act of 1973 [NCGS 113A-57(4) and 113A-54(d)(4)], which states: No person shall initiate any land-disturbing activity, if at least one acre is to be uncovered, unless an erosion and sedimentation control plan for the activity is filed with the agency having jurisdiction and approved. The plan must be submitted at least thirty(30) days prior to project commencement. The plan must include, but is not limited to, the following: l. A scaled plat plan of the site, showing the affected areas as well as adjacent properties which may be affected. Include contours if available. 2. Indicate critical areas such as wetlands, creeks, streams, drainage ways, marsh, etc. 943 Washington Sgrare Mal:.V►'ashinaton,North:arolirr 27a8S Telephone 252-945-6 I.FAX 252-975-5715 Messrs. Albert L. and Larry R. Bonney c/o Quible and Associates May 19, 2003 Paae 2 3. Include a brief narrative describing the activities to be undertaken and a construction schedule. 4. Indicate on the plat the measures to be utilized to prevent sediment from entering adjacent properties, such as location of silt fences, silt basins, diversion ditches, areas to be seeded, etc. 5. Include seeding and mulching specifications for both temporary and permanent stabilization. 6. Include any other pertinent information directed at controlling offsite sedimentation, slope degradation, and erosion. Please be advised that the plan will be considered incomplete, and the statutory review period will not begin, unless a non-refundable plan review processing fee, payable by check or money order made out to the Department of Environment and Natural Resources, is included. The amount of the fee is based on $50 for each whole or fractional acre of land to be disturbed (including offsite borrow or waste areas). To begin this project without the approval of an erosion/sedimentation control plan will be considered a violation of the Act and may lead to the assessment of a civil penalty of up to $5000 initially plus $5000 per day for each day the project is deemed in violation. For your convenience,we are enclosing a guideline for developing a plan. If you should have any questions, feel free to contact me. Sincerely, Patrick H. McClain, P.E. Assistant Regional Engineer PHM Enclosures cc: Doug Huggett, Division of Coastal Management 4 NCDENR North Carolina Department of Environment and Natural Resources Michael F, Easley, Governor Division of Marine Fisheries Preston P. Pate Jr., Director William G. Ross Jr., Secretary MEMORANDUM: TO: Doug Huggett, DCM Major Permits Processing Coordinator THROUGH: Mike Street, Chief Habitat Section FROM: Sara E. Winslow, Northern District Manager/1 SUB3ECT: Albert L. Bonney and Larry R. Bonney Proposal DATE: May 16, 2003 The NC Division of Marine Fisheries submits the following comments pursuant to General Statute 113-131. Pamlico Sound and its tributaries function as a nursery area for spot, croaker, weakfish, spotted seatrout, red drum, flounder, blue crabs and other commercially and recreationally important species. The project involves the maintenance excavation of approximately 600 ft of access channel to a depth of—6 ft. Also proposed is bulkheading and filling an existing boat basin. The maintenance excavation was previously permitted in CAMA Major Permit No. 44-88, to a depth of—6 ft. However, on site checks by DCM showed that over dredging had occurred (final depth —7 — 7-1/2 ft). The Division approves of this project with the following modifications. The importance of Pamlico Sound as a nursery area was mentioned above. This agency requests a dredging moratorium from March 1 through September 30. The moratorium will ensure the environmental integrity of the area is protected during critical times of usage. DCM should keep check on excavation to ensure the 6 ft depth is not exceeded. This agency approves of the basin being filled. Basins such as this at the end of long canals can result in water quality problems. 3441 Arendell Street, P.O. Box 769, Morehead City, North Carolina 28557 Phone: 252 726-7021 1 FAX: 252 726-02541 Internet: www.nodmf.net DEPARTMENT OF THE ARMY / WILMINGTON DISTRICT, CORPS OF ENGINEERS Washington Regulatory Field Office P.O.Box 1000 Washington,North Carolina 27889 1000 IN REPLY REFER TO May 13, 2003 Regulatory Division RECEIVED Action ID No.200310576 MAY 1 4 2003 OwV.OF COAALL�SATLI A GEMENT Albert L. Bonney C/O Quible &Associates, P.C. Post Office Drawer 870 Kitty Hawk, North Carolina 27949 Dear Mr. Bonney: On July 24, 2000, we renewed General Permit No. 198000291 (copy enclosed),which provides Federal authorization for construction activities that receive authorization from the State of North Carolina. A review of your application received May 7,2003, for Department of the Army(DA) authorization to maintenance dredge an existing access channel and boat basin, and place fill material within another existing basin, on property located off NC Highway 12,adjacent to the Pamlico Sound, in Frisco, Dare County, North Carolina, indicates it to be a candidate for Federal authorization under this general permit. Accordingly, the administrative processing of your application will be accomplished by the North Carolina Division of Coastal Management. Comments from Federal review agencies will be furnished to the State. If your application must be withdrawn from this general permit process for any reason, you will be informed regarding its further management. If there are no unresolved differences in State-Federal positions or policies, the final action taken on your application by the State will result in your receiving written notice from us that your application is consistent with the general permit and you may commence your activity. Only after receiving such confirmation should you begin work. On February 6, 1990, the DA and the U.S. Environmental Protection Agency(EPA) signed a memorandum of agreement (MOA) establishing procedures to determine the type and level of mitigation necessary to comply with the Clean Water Act Section 404(b)(1) Guidelines. This MOA provides for first, avoiding impacts to waters and wetlands through the selection of the least damaging,practical alternative; second,taking appropriate and practical steps -2- to minimize impacts on waters and wetlands; and finally, compensating for any remaining unavoidable impacts to the extent appropriate and practical. To enable us to process your application in full compliance with this MOA, we request that you provide the following additional information: a. Permits for work within wetlands or other special aquatic sites are available only if the proposed work is the least environmentally damaging, practicable alternative. Please furnish information regarding any other alternatives, including upland alternatives, to the work for which you have applied and provide justification that your selected plan is the least damaging to water or wetland areas. b. It is necessary for you to have taken all appropriate and practical steps to minimize wetland losses. Please indicate all that you have done,especially regarding development and modification of plans and proposed construction techniques,to minimize adverse impacts. c. The MOA requires that appropriate and practical mitigation will be required for all unavoidable adverse impacts remaining after all appropriate and practical minimization has been employed. Please indicate your plan to mitigate for the projected, unavoidable loss of waters or wetlands or provide information as to the absence of any such appropriate and practical measures. This information is essential to our expeditious processing of your application and it should be forwarded to us by May 27,2003. Also,a copy of this information must be sent to the North Carolina Division of Environmental Management to enable them to adequately evaluate your application for a Water Quality Certification pursuant to Section 401 of the Clean Water Act. -3- Your application, pursuant to Section 10 of the River and Harbor Act and Section 404 of the Clean Water Act, has been assigned Action ID No. 200310576 and will be coordinated by Mr. Raleigh Bland in our Washington Regulatory Field Office. Mr. Bland is available at telephone (252) 975-1616, extension 23. Sincerely, Pi W. Raleigh W. Bland, P.W.S. Regulatory Project Manager Enclosure Copies Furnished (without enclosure): Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 1638 Mail Service Center Raleigh, North Carolina 27699-1638 Mr. John Domey Water Quality Section Division of Environmental Management North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Garland B. Pardue United States Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 -4- Mr. Ron Sechler National Marine Fisheries Service Habitat Conservation Division Pivers Island Beaufort, North Carolina 28516 Mr. David Rackley NMFS, Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Mr. Ronald J. Mikulak, Chief Wetlands Regulatory Section Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street Atlanta, Georgia 30303 Mr. Ted Sampson, District Manager Elizabeth City Regional Office North Carolina Division of Coastal Management 1367 U.S. 17 South Elizabeth City, North Carolina 27909 �S (OW a3� IlecEiv 'Er DEPARTMENT OF THE ARMY MAY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O.Box 1890 OW OFCAST Wilmington,North Carolina 28402-1890 ROAL LMANAGEMEN7 IN REPLY REFER TO �'OH Regulatory Division Action ID• Applicant: t � Waterway: :,' ' ; County: V 1� Work Type: L$(oJ1'Vy) -i�11' Mr. Ron Sechler Mr. Doug Huggett National Marine Fisheries Svc, NOAA Division of Coastal Management Pivers Island NC Department of Environment, Health Beaufort, NC 28516 and Natural Resources Post Office Box 27687 Mr. Garland B. Pardue Raleigh, NC 27611-7687 Fish and Wildlife Enhancement U.S. Fish and Wildlife Service Post Office Box 33726 %�'�'°l Raleigh, North Carolina 27636-3726 — ` Regional Office Division of Coas al Management Mr. Ronald J. Mikaluk, Chief NC Department of Environment, Health Wetlands Section— Region IV and Natural,JespurSo Water Management Division `�� U.S. Environmental Protection Agency C C < 61 Forsyth Street, SW Atlanta, Georgia 30303 Gentlemen: Pursuant to Action ID No. 198000291, the CAMA-Corps General Permit/processing agreement, a State Field Investigation Report is enclosed ,You comments and/or recommendations would be appreciated on or before �Y Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory Field Office, telephone (252)975-1616, extension 23. Sincerely, Raleigh W. Bland, P.W.S. Regulatory Project Manager Enclosure 05/29/2003 21:25 FAX / Z 00 NTYWA J . 301 C)�> cs5 NCDENR North Carolina Department of Environment and �atural Resources Division of Coastal Management Michael F.Easley, Governor Donna D. Moffitt, Director William G. Ross Jr„Secretary Nlu, 8, 2003 MEMORANDUM TO: David McHenry Wildlife Resources Commission ATTN: Habitat Conservation Program FROM: Doug Htiggett Major Permits Processing Coordinator SUBJF,CT: LAMA PERMIT APPLICATION REVIEW APPLICANT: ALBERT L. BONNEY AND LARRY R. BONNEY PROJECT LOCATION: NORTH OF 12, FRISCO, DARE COUNTY. MAN-MADE CANALS AND BASINS WHICH CONNECT TO THE PAMLICO SOUND, 51796 NC 12. PROPOSED PROJECT: EXCAVATION AN EXISTING ACCESS CHANNEL, BOAT BASIN. AND TWO CONNiCTING CANALS LOCATED IN FRISCO, NC. FILLING EXISTING BOAT BASIN NO LONGER IN USE. Please indicate below your agency's position or viewpoint on the proposed project and return this forth by May 29, 2003. Tf you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 244. When appropriate, in-depth comments witli supporting data is requested. REPLY his agency has no objection to the project as proposed_ 1'llis agency has no comment on the proposed project. Th gency a breves of the project, only if the recommended changes are incorporated. This agent ibj uts to a cct for reasons described in the atta led omm�nts. Sl NED DATE .� O 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone' 919-733-2293\FAX: 919-733-1495\ Internet: hfp:l/dcm2.enr.state.nc us An Equal Opportunity 1 Affirmative Action Employer—50%Recycled t 10%Post Consumer Paper S RECEIVED MAY 1 3 2003 NCDENR Oft OF COASTAL MANAGEMENT North Carolina Department of Environment and Natural Resources RALROH Division of Coastal Management Michael F. Easley, Govemor Donna D. Moffitt, Director William G. Ross Jr., Secretary May 6, 2003 MEMORANDUM: TO: Mr. William A. McNeil, Director Division of Community Assistance FROM: Doug Huggett Major Permits Processing.Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Albert L. Bonney and Larry R. Bonney Project Location: North of NC 12, Frisco, Dare County, man-made canals and basins which connect to the Pamlico Sound Proposed Project: Excavation of an existing access channel, boat basin, and two connecting canals. This project also includes the filling of an existing boat basin no longer in use. This application also concerns the request for State authorization of a long-term maintenance dredging agreement. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 26, 2003. If you have any questions regarding the proposed project, please contact Dennis Hawthorn at(252)264-3901. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. L,--'This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED A (, ,e DATE 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: http://dcm2,enr.state.nc,us An Equal opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper . 4,, Xl WCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary May 8,2003 MEMORANDUM RECEIVE" TO: Mr. Joseph H. Henderson, Director 1qEc7S1VE0 State Property Office h"AY L tUvJ Department of Administration DIV.OF COASTAL MAMGWN 'y 03 FROM: Doug Huggett Major Permits Processing Coordinator �� �O RALE!MANAGEMEN BALE r SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: ALBERT L. BONNEY AND LARRY R. BONNEY PROJECT LOCATION: NORTH OF 12, FRISCO, DARE COUNTY, MAN-MADE CANALS AND BASINS WHICH CONNECT TO THE PAMLICO SOUND, 51796 NC 12. PROPOSED PROJECT: EXCAVATION AN EXISTING ACCESS CHANNEL, BOAT BASIN, AND TWO CONNECTING CANALS LOCATED IN FRISCO, NC. FILLING EXISTING BOAT BASIN NO LONGER IN USE. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 29, 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 244. When appropriate, in-depth comments with supporting data is requested. REPLY This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. This agency objects to t project for reasons described in the attached comments. SIGNED IODATE S 2 0.01 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer—50%Recycled 110%Post Consumer Paper RECEIVED 1 MAY 3 2003 2003 Q ►� 3)�3 s JUN 0 2 ��_ Lol � NCDENR WMC A�rio/z2 OM qA1. North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary May 8,2003 1371 MEMORANDUM C)3 TO: Ms. Renee Gledhill-Early, Director (� Q Division of Cultural Resources Put Archives & History Building FROM: Doug Huggett !�'►�' Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: ALBERT L. BONNEY AND LARRY R. BONNEY PROJECT LOCATION: NORTH OF 12, FRISCO, DARE COUNTY, MAN-MADE CANALS AND BASINS WHICH CONNECT TO THE PAMLICO SOUND, 51796 NC 12. PROPOSED PROJECT: EXCAVATION AN EXISTING ACCESS CHANNEL, BOAT BASIN, AND TWO CONNECTING CANALS LOCATED IN FRISCO, NC. FILLING EXISTING BOAT BASIN NO LONGER IN USE. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 29, 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 244. When appropriate, in-depth comments with supporting data is requested. REPLY This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. Th' agency objects to the project for reasons described in the attached comments. SIGNED DATE 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper MAY V 1 4 203 11L A7;W;A "- , ,<�- �, V/U, NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary May 8,2003 MEMORANDUM RECEIVED TO: Mr. Roberto Canales State Construction/Materials Branch JUN 0 4 2003 Division of Highways FROM: Doug Huggett 00000AVAL Major Permits Processing Coordinator RA1.M SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: ALBERT L. BONNEY AND LARRY R. BONNEY PROJECT LOCATION: NORTH OF 12, FRISCO, DARE COUNTY, MAN-MADE CANALS AND BASINS WHICH CONNECT TO THE PAMLICO SOUND, 51796 NC 12. PROPOSED PROJECT: EXCAVATION AN EXISTING ACCESS CHANNEL, BOAT BASIN, AND TWO CONNECTING CANALS LOCATED IN FRISCO, NC. FILLING EXISTING BOAT BASIN NO LONGER IN USE. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 29, 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 244. When appropriate, in-depth comments with supporting data is requested. REP ` This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. This agency objects to the project for reasons described in the attached comments. SIGNED�i/ 2i DATE &44e( 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\ Internet: http://dcm2.enr.state.nc.us An Equal opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Govemor Donna D. Moffitt, Director William G. Ross Jr., Secretary May 6, 2003 MEMORANDUM: p C� C� C� OdR TO: Mr. Preston P. Pate, Jr., Director Division of Marine Fisheries FMAY 19 2003 4 FROM: Doug Huggett —_ -- — — Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Albert L. Bonney and Larry R. Bonney Project Location: North of NC 12, Frisco, Dare County, man-made canals and basins which connect to.the Pamlico Sound Proposed Project: Excavation of an existing access channel, boat basin, and two connecting canals. This project also includes the filling of an existing boat basin no longer in use. This application also concerns the request for State authorization of a long-term maintenance dredging agreement. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 26, 2003. If you have any questions regarding the proposed project, please contact Dennis Hawthorn at(252) 264-3901. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: http://dcm2,enr.state.nc,us An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper I . ' -:�- S� ! _ AGA �I3 RCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Govemor Donna D. Moffitt, Director William G. Ross Jr., Secretary May 6, 2003 � DECEIVED MEMORANDUM l MAY 2 3 2003 ' TO: Mr. Jim Simons, Director LmANAGEMENT Division of Land Resources DKOFCOASTA RALMOM FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Albert L. Bonney and Larry R. Bonney Project Location: North of NC 12, Frisco, Dare County, man-made canals and basins which connect to the Pamlico Sound Proposed Project: Excavation of an existing access channel, boat basin, and two connecting canals. This project also includes the filling of an existing boat basin no longer in use. This application also concerns the request for State authorization of a long-term maintenance dredging agreement. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 26, 2003. If you have any questions regarding the proposed project, please contact Dennis Hawthorn at(252) 264-3901. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. JThis agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached c mments. SIGNED DATE S' v3 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: http://dcm2,enr.state.nc.us An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper ti NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G.Ross Jr., Secretary MEMORANDUM TO : Doug Huggett THROUGH : Ted Sampson FROM : Dennis W. Hawthorn u I DATE : May 2, 2003 SUBJECT Albert and Larry Bonney, Dare County, CAMA Permit Recommendations This project involves the maintenance excavation of an existing channel, boat basin, and two connecting canals, associated with this channel and boat basin. Currently,the primary basin and canal are used predominately by Island Boat Works, of Frisco,North Carolina. This project will also include the filling of an adjacent basin that is associated with one of these canals. This application also concerns the request for State authorization of a long-term maintenance dredging agreement. In accordance with the N. C. Administrative Code (NCAC), Title 15A, Section 711 .0208, bulkhead construction, and channel, canal, and basin maintenance excavation are considered as acceptable activities within the Estuarine System AEC s. These activities have also been found to be consistent with the Division's Coastal Shoreline buffer rules, 7H .0209. Section 7H .0208 (b)(11) allows for the filling of`basins' if they were not created from `lands which were below the normal high water level'; if so, then they may only be filled to that extent of the `said' wetland area that they were created from, so as to restore the previous wetland function; filling cannot adversely impact any coastal resources such as SAV's, shellfish beds, or primary nursery areas; the filling cannot infringe upon `the value and enjoyment of any riparian owner', and; the filling `will further some policy.... such as avoiding water quality degradation'. It would appear that the basin proposed for fill by the applicant, has been in existence at least since 1978. According to the applicant, and other area residents, this basin was excavated from high ground (or what may have been considered back then, as high ground) in the 1950's, or 1960's. The proposed filling of this basin appears to be consistent with these guidelines. Prior to submitting the application, the owners' agent worked closely with the Division to plan a project that would minimize, and reduce potential impacts to the existing coastal resources. This process started at least 2-months before this application was received, and actually under another applicant's name. It would appear that if this project were felt to infringe upon any (adjacent) riparian property owners they would have responded to the Division by now. Other than the Mehanes' and the Swartz's, all the adjacent riparian neighbors have been notified twice about this project. 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 \FAX: 252-264-3723\Internet: hftp://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper Doug Huggett { Albert and Larry Bonney,Dare County Page 2 CAMA Major Permit Application Recommendations May 2, 2003 The proposed dredge spoil structure will not be located within the Coastal Shoreline buffer, and with appropriate use of erosion, sedimentation, and stormwater guidelines, as well as operation procedures to minimize discharge sedimentation and excessive turbidity, should limit adverse impacts to coastal resources. The proposed channel, canal and basin maintenance excavation will result in over an acre of water-bottom disturbance, and therefore, will result in associated turbidity, that will result in at least temporary impacts to those coastal resources directly affected by these suspended particles in the water column. This activity should be conducted during time periods that are least likely to impact finfish and shrimp. Typically this activity is limited to those months that water temperatures are cooler, and the life-cycle processes of these resources are at their lower levels of activity. This time frame is usually determined or suggested by DCM, in consultation with the NC Division of Marine Fisheries. The previous permit which allowed for maintenance excavation of these waters, restricted dredging between Aprill and October 31 of any calendar year. Recent discussions of these dates with the Division of Marine Fisheries suggest that these dates are appropriate, and that dredging should be restricted to dates outside of this time frame. In the event that more time is necessary to complete planned or on-going maintenance dredging activities, dredging outside of these dates may be approved on a case-by-case basis by the Division, in consultation with the Division of Marine Fisheries. In this regard, I would concur with this recommend dredging season and procedure. Hatteras Island is known to be rich in archaeological and cultural resources. An inspection of available mapping data on cultural resources revealed that archaeological or cultural resource findings have been recorded on these maps of Frisco area. This review indicates that sites have been identified that appear to be in close proximity to this project. These maps have not been updated in at least 10 years. The potential for the discovery of additional cultural or historical resources is possible. Any permit that is issued for site development in the Frisco vicinity should include recommendations that carefully outline a procedure that will maintain the integrity of such(archaeological) sites, if they are discovered. Because this is a two-acre tract along the water, there is a higher probability that during site development, some cultural resources could be un-earthed, and site contractors may not recognize these resources. Permit conditions should specifically address this possibility. Doug Huggett Albert and Larry Bonney,Dare County Page 3 " * CAMA Major Permit Application Recommendations May 2, 2003 In regard to these findings, I have no objection to a permit for the proposed development so long as the following Conditions and Note(s) are included. 1] The development area of the site is adjacent to cultural resources and within several Areas of Environmental Concern, including estuarine shoreline, public trust areas, estuarine waters, and coastal wetlands. Prior to the start of construction, the Permittee shall schedule and coordinate a pre-construction meeting with DCM staff. This meeting shall include the property owner, and their development agent(s). In addition, this site meeting shall include the dredging and site work contractor(s). 2] The bulkhead construction shall be consistent with the placement dimensions and alignment shown on the platwork documents prepared by Quible & Associates, dated February 24, March 14, April 4, and April 16, 2003. The bulkhead shall be constructed so that no backfill material is allowed to seep through the structure wall, and shall be backfilled with clean fill material from an upland source. 3] Prior to any waterward excavation, the dredge spoil retention structure shall be constructed according to the platwork prepared by Quible & Associates, dated February 24, March 14, April 4, and April 16, 2003. The position of the structure, including all influent and effluent piping shall be consistent with these plats. The structure shall be inspected by DCM staff prior to the commencement of any waterward excavation. The dredged channel alignments and depths shall be consistent with the platwork documents prepared by Quible & Associates, dated February 24, March 14, April 4, and April 16, 2003. Prior to any waterward excavation, the dredging alignments shall be indicated by the permittee and approved by DCM staff. 4] No work, structures, excavation or fill materials will be placed at the work site, or in any waters or wetlands, other than that work approved by this permit. No other excavation, or filling of any wetlands, or waters is authorized, and all work shall be consistent with the approved, above referenced platwork. 5] Prior to the start of any mechanized earth-disturbing activity on the entire site, a silt fence or siltation barrier shall be installed between all authorized earth-disturbing development and the adjacent uplands, wetlands, or waters. The structure shall be installed properly so as to prevent the un-necessary discharge of any sediment or fill materials into any adjacent wetlands or waters. Prior to the continuation of site work, and/or the placement of authorized fill material on site, the complete and proper silt fence installation shall be confirmed by Division staff. Doug Huggett Page 4 Albert and Larry Bonney, Dare Count CAMA Major Permit Application Recommendations " May 2, 2003 6] This permit shall allow for the long-term routine maintenance of the access channel, canals and basin, consistent with the platwork prepared by Quible & Associates, dated February 24, March 14, April 4, and April 16, 2003. All excavation shall be consistent with all other conditions related to the approved maintenance excavation of the referenced access channel, canals and basin. Prior to the start of any waterward excavation, the permittee shall notify the Division in writing of the scheduled maintenance excavation. All above conditions regarding the prior inspection of the spoil retention structure, and the marking of the dredge channel prior to the commencement of any waterward excavation shall be enforce, and consistent with the approved referenced platwork. 71 Any enlargement of the dredge area shall be approved prior to the start of any related dredging activity. Any modification to the location or size of the dredge spoil retention structure shall require prior approval by DCM. 8] In order to protect juvenile finfish and shrimp populations, waterward excavation and dredging activity shall be restricted to only occur between the dates of October 31 st and March 31 st. The permittee may request to undertake waterward maintenance excavation outside of these dates. This request must be transmitted in writing, and be received by a member of the Division at least two-weeks prior to the proposed dredging activity. These requests will be granted on a case-by-case basis, and shall be determined by the Division, in consultation with the Division of Marine Fisheries. 9] Hatteras Island is known to be rich in archaeological or cultural resources. There is a probability of the discovery of these types of resources during excavation and filling projects within and along adjacent waters. It is advised that the Division of Archives and History be notified by the permittee prior to the start of any site work. NOTE Any future development on the permittee's property, other than that work authorized in this permit, may require modification of this permit or the issuance of a separate CAMA Permit. NOTE The above work may require the issuance of erosion, sedimentation and storm-water certificates and/or plans prior to the start of any work. NOTE It is recommended that the permittee post the permit onsite so that reviewing agencies, the applicant's contractors, and interested parties may refer to the permit conditions. cc: Raleigh Bland, US COE • �,�,(i,ERT L f L, ,4R�2 y /2. �t��clNE'� �� Z),4 DCM% DWQ%. Development Type FEE (14300 160i.435100093 1825 6253) (24300 1602 435100095 2341 I. Private,non-commercial development that does not involve S250 100%(S250) 0%(SO) the filling or excavation of any wetlands or open water areas: II. Public cr commercial development that does not involve the filling or $400 100%(S400) 0%(SO) excavation of any wetlands or open water areas: Ill. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas,determine if A,8,C,or D below appiles: III(A). For Private,non-commercial development.If General water Quality S2 57, 100% Certification No.3301 (see attached) can be applied: III(B): For public or commercial development,if General water Quality $400 100%(5400) 0%�Sci Certification No.3301(see attached) can be applied: III(C). If General Water Quality Certification No.3301(see attached) could be applied,but DCM staff determined that additional review and 5400 60%(5240) 40%(S 160) written DWQ concurrence is needed because of concerns related to water quality or aquatic life: III(D). If General Water Quality 5400 60%(S240) 40%(S160) Certification No.3301(see attached) can not be applied: .\1 IV. For development that involves the filling and/or excavation of more 5475 60%(S285) 40%(5190) ?, than one acre of wetlands and/oor open water areas: 4 4-1 ti-UJ� y:51 HM LbL`.i tlti l4C/ �TF l VILLAGE MARINA :APR ZvM 1 fir, 'QASTA MANAGEMENT ELIZABE H QITY P.O. BOX S03 HATTERAS,N.0 27943 252-986-2522 To Whom It May Concern: I Larry Ray Bonney owner of Parcel#014925002,Frisco,NC.,hereby appoints Quible and Associates, PC to act as my agent for the purpose of obtaining a major CAMA permit for this parcel. Larry Ray Bonney 1 1 WDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Govemor Donna D, Moffitt, Director William G. Ross Jr., secretary May 6, 2003 Coastland Times Legal Advertisement Section P.O. Box 428 Manteo NC 27954 Re: Public Notice - Albert L. Bonney and Larry R. Bonney Dear Sir: Please publish the attached Notice in the Thursday, May 8, 2003, issue of the Coastland Times. 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 an original invoice to Jay Poole, Division of Coastal Management, 1638 Mail Service Center, Raleigh, North Carolina 27699-1638. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Elizabeth City office. Sincerely, T. J. Sampson District Manager TJS/dc Enclosure cc: oug Huggett, Major Permits Coordinator, DCM File 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: http:l/dcm2.enr,state.nc.us An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post consumer Paper NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an Area of Environmental concern as designated under the CAMA was received on April 21, 2003. According to said application, Albert L. Bonney and Larry R. Bonney proposes to maintenance excavate an existing access channel, boat basin and two connecting canals located in Frisco, North Carolina. This project also includes the filling of an existing boat basin no longer in use. This application also concerns the request for State authorization of a long-term maintenance dredging agreement. The property is located North of NC 12, Frisco, Dare County, man-made canals and basins which connect to the Pamlico Sound. A copy of the entire application may be examined or copied at the office of Dennis Hawthorn, Division of Coastal Management, located at 1367 US 17 South, Elizabeth City, N.C., (252/264-3901) during normal business hours. Comments mailed to Donna D. Moffitt, Director, Division of Coastal Management, 1638 Mail Service Center, Raleigh, N. C., 27699-1638, prior to May 28, 2003, 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. PUBLISHED ON: Thursday, May 8, 2003 •yA NGDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Govemor Donna D. Moffitt, Director William G, Ross Jr., Secretary May 6, 2003 Quible and Associates, P.C. P.O. Box 870 Kitty Hawk NC 27949 Dear Mr. Dorman: The Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of Mr. Albert L. and Larry R. Bonney's property located North of NC 12,Frisco, Dare County. It was received on April 21, 2003, and appears to be adequate for processing at this time. The projected deadline for making a decision is July 5, 2003. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, Dennis Hawthorn Coastal Management Representative DH/kh Enclosure cc: Doug Huggett - Permit Coordinator, DCM Ted Sampson - District Manager, DCM Albert L. Bonney and Larry R. Bonney 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: hfp://dcm2.enr.state.nc,us An Equal Opportunity\Affirmative Action Employer—50%Recycled\lo%Post consumer Paper 6. 1. llj� .Ijl� 0 04 Ift 0 CAM ATIf 2 1 NO 11 Quible Quible &Associates, P.C. P.O.Drawer870 wTa V' �O I Hawk,NC 27949 Ph r' Phone:252-261J300 ENGINEERING•ENVIRONMENTAL SCIENCES•PLANNING ✓ d 1` lllkes® SINCE 1959 Fax 252-261-1260 PRINCIPALS A r� b j Sean C.Boyle,P.E. CERTIFIED MAIL rR �+ Joseph S.Lossifer,C.E.P. RETURN RECEIPT REQUESTED Eduardo) Vadivieso PE, i c.)AS i AL MANALaEMENT ASSOCIATES f1FT`1 CITY Joseph J.Anlaur.P.E. David S.Neff April 15,2003 George H. Williams Jr. PO Box 562 Hatteras,NC 27943 Re: Major Coastal Area Management Act(CAMA)Permit Application Frisco,Dare County,North Carolina Dear Mr. Williams, The purpose of this correspondence is for Quible and Associates,P.C.to inform you as a adjacent riparian property owner to Albert and Larry Bonney,of the property owners plans to do maintenance dredging of an existing channel and fill a manmade basin that exists on the property. The enclosed plans accurately depicts the proposed work. If you have no objections to this proposal please check the statement below, sign and date the blanks and return the letter to: Doug Dorman,Quible and Associates,P.C.,PO Drawer 870,Kitty Hawk,NC 27949. If you have objections you may contact me at 252-261-3300. You may also provide written comments to Mr.Dennis Hawthorne at the NC Division of Coastal Management,US 17 South,Elizabeth City,NC 27909. Written comments must be received within 30 days of receipt of this correspondence. Failure to respond in either method within 30 days will be interpreted as no objection. Sincerely, le and Associates, P.C. Douglas A.Dorman cc: Al Bonney I have no objection to the project as presently proposed and hereby waive that right of objection as provided in General Statute 113-229. I have objections to the project as presently proposed and have enclosed comments. Riparian Landowner Signature Date Quible r Quible &Associates, P.C. P.O.Drawer 870 Krtty Hawk,NC 27949 ENGINEERING•ENVIRONMENTAL SCIENCES•PLANNING ay Phone:252-261-3300 SINCE 1959 APR / � - Fax:252-261-1260 PRINCIPALS C)KS I ti:;..NIHiVAiaE11/IEN Sean C.Boyle.P.E. Joseph S.Lassiter,C.E.P, EI_IZ� RETH CITY Eduardo J.WkWleso,P.E. CERTIFIED MAIL AssocwTEs RETURN RECEIPT REQUESTED Joseph J.Anlout,P.E. Dovfd S.Neff April 15, 2003 Jeffery Midgett PO Box 592 Buxton,NC 27920 Re: Major Coastal Area Management Act(CAMA)Permit Application Frisco,Dare County,North Carolina Dear Mr. Midgett, The purpose of this correspondence is for Quible and Associates,P.C.to inform you as a adjacent riparian property owner to Albert and Larry Bonney,of the property owners plans to do maintenance dredging of an existing channel and fill a manmade basin that exists on the property. The enclosed plans accurately depicts the proposed work. If you have no objections to this proposal please check the statement below,sign and date the blanks and return the letter to:Doug Dorman,Quible and Associates,P.C.,PO Drawer 870,Kitty Hawk,NC 27949. If you have objections you may contact me at 252-261-3300. You may also provide written comments to Mr.Dennis Hawthorne at the NC Division of Coastal Management,US 17 South,Elizabeth City,NC 27909. Written comments must be received within 30 days of receipt of this correspondence. Failure to respond in either method within 30 days will be interpreted as no objection. Sincerely, Quible and Associates,P.C. Douglas A.Dorman cc: Al Bonney I have no objection to the project as presently proposed and hereby waive that right of objection as provided in General Statute 113-229. I have objections to the project as presently proposed and have enclosed comments. Riparian Landowner Signature Date Quible RVED APR Quible &Associates, P.C. P.O.Drawer870 I,()AS"FAL MANAGEMENT IPhone:wk2-261- 49 ENGINEERING•ENVIRONMENTAL SCIENCES•PLANNING Phone:252-261�300 SINCE 1959 ELIZ_ABE T H CITY Fox:252-261-1260 PRINCIPALS Sean C.Boyle,P.E. Joseph S.Losger,C.E.P. Eduardo J.Valdlvieso,P.E. CERTIFIED MAIL AssoclATEs RETURN RECEIPT REQUESTED Joseph J,Anlout,P.E. David S.Neff April 15,2003 Robert&Florence Swartz PO Box 399 Hatteras,NC 27943 Re: Major Coastal Area Management Act(CAMA)Permit Application Frisco,Dare County,North Carolina Dear Mrs.Swartz, The purpose of this correspondence is for Quible and Associates,P.C.to inform you as a adjacent riparian property owner to Albert and Larry Bonney,of the property owners plans to do maintenance dredging of an existing channel and fill a manmade basin that exists on the property. The enclosed plans accurately depicts the proposed work. If you have no objections to this proposal please check the statement below, sign and date the blanks and return the letter to:Doug Dorman,Quible and Associates,P.C.,PO Drawer 870,Kitty Hawk,NC 27949. If you have objections you may contact me at 252-261-3300. You may also provide written comments to Mr.Dennis Hawthorne at the NC Division of Coastal Management,US 17 South,Elizabeth City,NC 27909. Written comments must be received within 30 days of receipt of this correspondence. Failure to respond in either method within 30 days will be interpreted as no objection. Sincerely, ulble and Associates,P.C. IQ-Doug al s A.Dorman cc: Al Bonney I have no objection to the project as presently proposed and hereby waive that right of objection as provided in General Statute 113-229. I have objections to the project as presently proposed and have enclosed comments. Riparian Landowner Signature Date Quible Quible &Associates, P.C. ��.a P.O.Drawer 870 Kdty Hawk,NC 27949 ENGINEERING•ENVIRONMENTAL SCIENCES•PLANNING +- - n` Phone:252-261-3300 SINCE 1959 Fax:252-261-1260 �y PRINCIPALS p rs Sean C.Boyle,P.E. Joseph S.Lassiter.C.E.P. �1:�A� W1�NJPJ4 C MEN3' Eduardo J.VoldIvleso,P.E. CERTIFIED MAIL K�_17pBE Joseph J.�ASSOCIATES RETURN RECEIPT REQUESTED David S.Nett April 15, 2003 Allen Mahanes 7913 W.Azalea Garden Rd. Norfolk,VA 23518 Re: Major Coastal Area Management Act(CAMA)Permit Application Frisco,Dare County,North Carolina Dear Mr. Mahanes, The purpose of this correspondence is for Quible and Associates,P.C.to inform you as a adjacent riparian property owner to Albert and Larry Bonney,of the property owners plans to do maintenance dredging of an existing channel and fill a manmade basin that exists on the property. The enclosed plans accurately depicts the proposed work. If you have no objections to this proposal please check the statement below, sign and date the blanks and return the letter to: Doug Dorman,Quible and Associates,P.C.,PO Drawer 870,Kitty Hawk,NC 27949. If you have objections you may contact me at 252-261-3300. You may also provide written comments to Mr. Dennis Hawthorne at the NC Division of Coastal Management,US 17 South,Elizabeth City,NC 27909. Written comments must be received within 30 days of receipt of this correspondence. Failure to respond in either method within 30 days will be interpreted as no objection. Sincerely, ble and Associates, P.C. Douglas A.Dorman cc: Al Bonney 1 have no objection to the project as presently proposed and hereby waive that right of objection as provided in General Statute 113-229. I have objections to the project as presently proposed and have enclosed continents. Riparian Landowner Signature Date 5- 6-03; 3:27PM;Qulble and Assoc. ; 1 252 261 1260 # 2/ 2 COMPLETE •N COMPLETE THIS SECTIONON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. ❑Agent X ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. Y RIC-)D 4-A)- 03 D. Is delivery address different from item 1? ❑yes i1. Article Addressed to: If YES,enter delivery address below: ❑No George H Williams Jr PO Box 562 1J Hatteras NC 27943 3. Service Type ❑Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery??(Extra Fee) ❑yes 2. Article Number iJa 2 Q S 6> (Transfer from service laben v PS Form 3811,August 2001 Domestic Return Receipt 1025e5-02-M-1035 i COMPLETE SECTIONCOMPLETE THIS SECTIONON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Sig ature item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse ❑Addressee 1 so that we can return the card to you. B. Received by(Printed Name) D to elivpery ■ Attach this card to the back of the mailpiece, �! or on the front if space permits. D. Is delivery address diferent from item 17 11 Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No i Robert & Florence SWa-rtz PO Box 399 Hatteras NC 27943 i 3. Service Type 1 ❑Certified Mail ❑Express Mail ❑Registered ❑Return Receipt for Merchandise i ❑ Insured Mail ❑C.O.O. 4. Restricted Delivery?(Extra Fee) E]Yes 2. Article Number 7002 0860 0003 5686 5705 i (transfer from service label) PS Form 3811,August 2001 Domestic Return Receipt tD2598-02-M.1035 CEASED MAY � 7 2003 . jALGE�ENT . pI�V.OF�aA�E1C�H i i i Quible Quible &Associates, P.C. K I-I V &maw P.O.Drawer870 Idtty Hawk,NC 27949 ENGINEERING•ENVIRONMENTAL SCIENCES•PLANNING Phone:252-261J800 SINCE 1959 p R �. ,� ^i Fax:252-261-1260 A PRINCIPALS COASTAL MANAGEMENT Sean C.Boyle,P.E. Joseph S.LossBec C.E.P. ELIZABETH CITY Eduardo J.Vddivieso,P.E. ASSCCL41ES CERTIFIED MAIL Joseph J.Anlauf,P.E. RETURN RECEIPT REQUESTED David S.Neff April 15, 2003 Harlon C. Willis PO Box 24 Frisco,NC 27943 Re: Major Coastal Area Management Act(CAMA)Permit Application Frisco,Dare County,North Carolina Dear Mr. Willis, The purpose of this correspondence is for Quible and Associates,P.C.to inform you as a adjacent riparian property owner to Albert and Larry Bonney,of the property owners plans to do maintenance dredging of an existing channel and fill a manmade basin that exists on the property. The enclosed plans accurately depicts the proposed work. If you have no objections to this proposal please check the statement below,sign and date the blanks and return the letter to:Doug Dorman,Quible and Associates,P.C.,PO Drawer 870,Kitty Hawk,NC 27949. If you have objections you may contact me at 252-261-3300. You may also provide written comments to Mr.Dennis Hawthorne at the NC Division of Coastal Management,US 17 South,Elizabeth City,NC 27909. Written comments must be received within 30 days of receipt of this correspondence. Failure to respond in either method within 30 days will be interpreted as no objection. Sincerely, Quible and Associates,P.C. ouglas A.Dorman cc:Al Bonney I have no objection to the project as presently proposed and hereby waive that right of objection as provided in General Statute 113-229. I have objections to the project as presently proposed and have enclosed comments. Riparian Landowner Signature Date i 11 U.S. P�stal Service U.S. Postal Service iru -� ra ' RECEIPT i f7l CERTIFIED MAIL RECEIPT • .. . Provided) /• I • Coverage 17�! (Domestic Ln 1 U-I co i nCc/� ).k•.. 1 i 'Y. .3:0 g yy fj �1 EL:.:iY is :l Ln _I M Postage $ Q Postage $ a Certified Fee V opy; O Certified Fee 2.30 �� k7 Po m Return Receipt Fee 1.75 N Return Receipt Fee ere (Endorsement Required) (Endorsement Required) - � Restricted Delivery Fee Jy � Restricted Delivery Fee d'� ��� p (Endorsement Required) p (Endorsement Required) 1 Total Postage&Fees 4•8 8 fU Total Postage&Fen $ 4.88 O 0 o ant to o entro N Harlon C. Willis _G.�Qzg�..J�.. Wj .1.i.ams....Ix.------------------------ ......_......_._........ Streer,Apt,No.; Box 24 Street Apt.No.; or PO Box No. PO Box 562 or PO Box No. PO .. cuy,scare,zrP+a --ty,.S----•-ZP#4---------er. Frisco NC 27936 ary,stare,ziP+a Hatteras NC 27943 rr PS Form April rr CERTIFIED2 See Reverse for Instructionc PS Form 3800,April U.S.Postal Service ru U.S.Postal Service CERTIFIED MAIL RECEIPT MAIL ail Only; No insurance Coverage Provided) ' .6 (Domestic Mail only; No Insurance Coverage Provide cc e " z a T a `t 4 Ln Ln m Postage $ .83 8d,9 M Postage $ .83 p tfo O C3 Certified Fee Gc O 2 0 /yt] Post p Certified Fee 2.30 Sd� Return Receipt Fee / Her s P 1 + O Return Receipt Fee 1.7 5 of �(0iu (Endorsement Required) ,f� -0 (Endorsement Required) �} 7� ea Restricted Delivery Fee v cI3 Restricted Delivery Fee tom„ J —4 O (Endorsement Required) O (Endorsement Required) (( +/ rl_I Total Postage&Fees $ 4.88 $ 4.88 � 4 Total Postage&Fees ,88 o a o gent To Allen Mahanesm. IJ entTo [� C- orrPO 8o rtNo 7913 W. Azalea Garden Rd. sneer,Apt.No.; -. or PO Box No. PO BOX 592 CIty,State,ZIP+4 -70r�0 VA 23518 Norfolk, C1ty,Steto,ZlP+a Buxton NC 27920 inirr :rr rr Postal Ln EIPT o ' ` N (Domestic .Ell.17 ''TT�� !g� 7pJ � ryt tqi `@�r�y, tea-APR y R n 01 M Postage $ .83 o to %dSn ,COASTALfAANAGEMENTCertified Fee 2, 0 _17_ABF.THn 7PoO Return Receipt Fee 1 7 4 I He(Endorsement Required) 97cO Restricted Delivery Fee 4O (Endorsement Required)(U Total Postage&Fees $4•88L l� �I a SentTo Robert & Florence Swartz tti Street Apt.No.; p0 BOX 399 or PO Box No. clry,srare,ZrP+a Hatteras NC 27943 rr 4-27-03; 12:09PM;Oulb1e and ASSOC. ; 1 252 261 1260 # 2/ 3 I I I Quible Quible&Associates,P.C. P.O.Drawer870 IOtty Hawk,NC 27949 ENGINEERING•ENVIRONMENTAL SCIENCES•PLANNING Phone:252-261-M SINCE 1959 Fax 252-261-1260 PRINCIPAIS sears C.Bo 'P.E. CERTIFIED MAIL Joseph S,LaWer.C.E.P. RETURN RECEIPT REQUESTED EduardoJ.\kkU leso,P.E. AMOCwEs Joseph J.ANaur.RE, j David S.Nett March 28,2003 Doris&Buddy Smith PO Box 326 Hatteras,NC 27943 Re: Major Coastal Area Management Act(CAMA)Permit Application Pr.'.sco,Tare C0:11 ,?,TG-r.Czr;.ara Dear Mr. &Mrs. Smith, The purpose of this correspondence is for Quible and Associates,P.C.to inform you as a adjacent riparian property owner to Albert Bonney, of the property owners plans to do maintenance dredging of an existing channel. The enclosed plans accurately depicts the proposed work. If you have no objections to this proposal please check the statement below, sign and date the blenks and return the letter to: Doug Dorman,Quible and Associates,P.C.,PO Drawer 870,Kitty Hawk,NC 27949. If you have objections you may contact me at 252-261-3300. You may also provide written comments to Mr.Dennis Hawthorne at the NC Division of Coastal Management, US 17 South,Elizabeth City,NC 27909. Written comments must be received within 30 days of receipt of this correspondence. Failure to respond in either method within 30 days will be interpreted as no objection. Sincerely, Quible and Associates,P.C. Douglas A. Dorman cc: Al Bonney ✓ I have no objection to the project as presently proposed and hereby waive that right of objection as provided in General Statute 113-229. I have objections to the project as presently proposed and have enclosed comments. Riparian Landowner Signature _17 Date I I 4-21-03; 12:09PM;Qu1b1e and Assoc. ; t 252 261 1260 # 3/ 3 Ln: U.S. Postal service CERTIFIED MAIL RECEIPT (Domesticrrl .17 CO � L m C3 Postage S 3 0 O Caroled Fee 0 30 �PWK k ae Foe —7`Q R4U hl • /S- I� P G� p ReaMeted OeYvery Fee to PdomGM t Re*,,) � 9�nn2ff8 � 0 TOWPoetape 3 Fees $ /` �L� rC r%- entTo ? !✓r . or PO Box No City,Stete,ZlP�4 '-"- %� 3-- (1 COMPLETE N �NDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1, 2,and 3.Also complete A. Signature ature # 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 Ae ❑Addre; item 4 if Restricted Delivery is desired. I ❑Agent so that we can return the card to you. B. Received by(Printed Name) D li Print your name and address on the reverse y ❑Addressee ■ Attach this card to the back of the mailpiece, z� so that this can return the card to you. 13. Receive by(Printed Name) C. 0 to of Delivery or on the front if space permits. Attach this card to the back of the mailpiece, /r�� D. Is delivery address different from item 1? Yes N or on the front if space permits. i/ 1. Article Addressed to: If delivery YES,enter delivery address below: C7 No Article Addressed to: D. Is delivery address different from item 17 ❑Yes Q If YES,enter delivery address below: ❑No Robert & Florence Swartz N N PO Box 399 N Jeffrey Midgett N Hatteras NC 27943 PO Box 592 " Buxton NC 27920 3. Service Type ❑Certified Mail ❑ Express Mail 3. Service Type❑Certified Mail. ❑ Express Mal ElRegistered ❑ Return Receipt for Merchant❑Registered ElReturn Receipt for Merchandise ❑Insured Mal Q C.O.D. Q Insured Mail ❑C.O.D. 4. Restricted Delivery?Para Fee) Q Yes 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7 D D 2 0860 0003 5686 5 7 D 5 Article Number (transfer from service label) (transfer from service label) 7002 0860 D O Q 3 5 6 8 6 5682 PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M -- - c Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1035 COMPLETE"NDER: COMPLETE THIS SECTION F COMPLETE THIS SECTION ON DELIVERY 7' SENDER: • ■ Complete items 1,2, and 3.Also complete A- Signature Complete items i,2,and 3.Also complete A. Signature � item 4 if Restricted Delivery is desired. `� ❑Agent item 4 if Restricted Delivery is desired. X Agent ■ Print your name and address on the reverse X �.R V� [IAddres: Print your name and address on the reverse b Addresses so that we can return the card to ou. so that we can return the card to you. y B. Received by(Printed Name) C. Date of Deliv o Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. D e Delivery ■ Attach this card to the back of the mailpiece, \' p�y p p It 2 C t"1J K i-,1 L S rJ or on the front if space permits. [ 11 _ �' or on the front ifs space permits- � << 1 � O. Is delivery address different from item t? ❑Yes Q D. Is delivery address different frm o item 1? ❑Yes 1. Article Addressed to: 'a Article Addressed to: If YES,enter delivery address below: If YES,enter delivery address below: ❑No a Harlon C_ Willis George H Williams Jr Q PO Box 24 PO Box 562 Frisco NC 27936 Hatteras NC 27943 g 3 3. Service Type . Service Type ❑Certified Mail ❑Express Mail o ❑Carted Mail ❑ Express Mail ❑Registered ❑Return Receipt for Marchand N ❑Registered ❑Return Receipt for Merchandise ❑ Insured Marl ❑C.O.D. 0) ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 4. Restricted Delivery?(Extra Fee) ❑Yes _ 0 Article Number 2. Article Number 7002 0860 0003 5686 5712 (t , .042 m (Transfer from service fate! (transfer from service label) _.___- --_--.------._-,-_--- .--_------__—.-_--. .. ._-.....-_._ PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M- � Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1035' m 0 N ilk N N In NSENDER: COMPLETE 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 0 Addressee so that we can return the Card to you. B. Received by(Printed Name) C to Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits- D. Is delivery address different from item 1? 0 es 1. Article Addressed to: x. If YES,enter delivery address below: © No George H Williams JR P4 Box 562 Hatteras NC 27943 3. Service Type ❑Certified Mail ❑Express Mail • ❑Registered ❑Return Receipt for Merchandise 0 Insured Mail E7 C.O.D. 4. Restricted Delivery?{Extra Fee) ❑Yes 2. ArtidelVumber o (Trarufer from service label) 71302 3150 d U a 5 5 6 6 2 723 4 _ Dou G 0 Q PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1035 m n o Q 0 N m O I I . r • APR - -4 mu OFFER TO PURCHASE AND CONTRACT ECOAfiTAL mkt,1AGEMENT EI_IZABETN CITY ��Buyer, Albert L. Bo n R Bon n assigns ,as Seller, hereby offers to purchase and Amos /rt ll of that plot,piece or parcel of land described below,together with) upon acceptance of said offer,agrees to sell and convey, a , improvements located thereon and such fixtures and personal pro perty as are listed below(collectively referred to as the Pro upon the following terms and conditions: 1. REAL PROPERTY: Located in the City of Frisco County of Dare , State of North Carolina,being known as and more particularly described as: 51796 HWY 12 Zip 27936 Street Address LQts 1. 3j7wdB Le al Description: Dare County.) (MAU ❑A portion of the property in Deed Reference: Book 0955 Page No 420 NOTE: Prior to signing this Offer to Purchase and Contract, Buyer is advised to review Restrictive Covenants, if any,which may limit.the use of the Property, and to read the Declaration of Restrictive Covenants, By-Laws, Articles of Incorporation, Rules and Regulations,and other governing documents of the owners'association and/or the subdivision,if applicable. 2.FIXTURES: The following items,if any,are included in the purchase price free of liens: any built-in appliances, light fixtures, ceiling fans, attached floor coverings,blinds,shades, drapery rods and curtain rods, brackets and all related hardware,window and door screens, storm windows, combination doors, awnings,antennas,satellite dishes and receivers, burglar/fire/smoke alarms,pool and spa equipment, solar energy systems,attached fireplace screens,gas logs,fireplace inserts,electric garage door openers with controls,outdoor plants and trees (other than in movable containers),basketball goals, storage sheds,mailboxes, wall and/or door mirrors,and any other items attached or affixed to the Property,EXCEPT the following items: No 3.PERSONAL PROPERTY:The following personal property is included in the purchase price: None 4.PURCHASE PRICE: The purchase price is$ 755,000 and shall be paid as follows: (a) 00 ,EARNEST MONEY DEPOSIT with this offer by El cash 91 personal check El bank check certified check other: to be deposited and held in escrow by Midgett Realty ("Escrow Agent")until the sale is closed,at which time it will be credited to Buyer,or until this contract is otherwise terminated.In the event: (1)this offer is not accepted;or(2)any of the conditions hereto are not satisfied,then all earnest monies shall be returned to Buyer.In the event of breach of this contract by Seller,upon Buyer's request, all earnest monies shall be returned to Buyer,but such return shall not affect any other remedies available to Buyer for such breach.In the event this offer is accepted and Buyer breaches this contract, then all earnest monies shall be forfeited upon Seller's request,but receipt of such forfeited earnest monies shall not affect any other remedies available to Seller for such breach. NOTE: In the event of a dispute between Seller and Buyer over the return or forfeiture of earnest money held in escrow by a broker,the broker is required by state law to retain said earnest money in the broker's trust or escrow account until a written release from the parties consenting to its disposition has been obtained or until disbursement is ordered by a court of competent jurisdiction. (b)$ N/A ADDITIONAL EARNEST MONEY DEPOSIT to be paid to Escrow Agent no later than , TIME BEING OF THE ESSENCE WITH REGARD TO SAID DATE. (c) $ N/A ,BY ASSUMPTION of the unpaid principal balance and all obligations of Seller on the existing loan(s) secured by a deed of trust on the Property in accordance with the attached Loan Assumption Addendum. (d)S IV/A—, BY SELLER FINANCING in accordance with the attached Seller Financing Addendum. (e) $ 750 000 ,BALANCE of the purchase price in cash at Closing. 5.CONDITIONS: (State N/A in each blank that is not a condition to this contract.) Conventional (a)Buyer must be able to obtain a El FHA ❑ VA (attach FHAfVA Financing Addendum) El Other: N/A loan at a ❑ Fixed Rate ❑ Adjustable Rate in the principal amount of .N/A (plus any financed VA Funding Fee or FHA MIP) for a term of . NZA.—_year(s), at an initial interest rate not to exceed N/a %per annum,with mortgage loan discount points not to exceed N/a %of the loan amount.Buyer shall apply for said loan within N/A days of the Effective Date of this contract.Buyer shall use Buyer's best efforts to secure the lender's customary loan commitment letter on or before N/A and to satisfy all terms and conditions of the loan commitment letter by Closing. After the above letter date, Seller may request in writing from Buyer a copy of the loan commitment letter. If Buyer fails to provide Seller a copy of the loan commitment letter or a written waiver of this loan condition within provided five Seller has not then f received ac request,oSeller the may orter terwaiminate this contract by written notice to Buyer at any time thereafter, r. Page 1 of 4 This form jointly approved by: STANDARD FORM 2-T North Carolina Bar Association C ©7/2002 ® North Carolina Association of REALTORS®,Inc. m REALTOR' Seller Initials Buyer Initials' WnIFE j-Lti-U�3 i 1 U::3ti IV 'AM . tL ;:F J APR - 7 2on3 (b)There must be no restriction,easement, zoning or othegovernmental regulation that would prevent the reasonabial �,sTtki purposes use of e Property for (c) The property must be in substantially the same or better condition at Closing as on the date:bl%1#►�$bf h�`�sonable wear an tear excepted. or to (d)All deeds of trust, liens and other n mayainst promptly obtained,not assumed by Buyer,follow following Closing. Seller shall shal remain obligated to obtai by n anytsuch or at Closing such that cancellation y P cancellations following Closing. RAL (e) Title must be delivered at closing by GENE of all encumbrances WARRANTY x ept a valorem des for the tcurrent year r(p(prorated through the date of marketable and insurable title) Property; Closing);utility easements and unviolated restrictive covenants that do not materially affect the value of the Pro a and such ed by Buyer.The Property must have legal access to a public right other encumbrances as may be assumed or specifically approv of way. 6. SPECIAL ASSESSMENTS: Seller warrants that there are no pending or confirmed ed nd r or confirmed owners'association l special assessments r sidewalk,paving,water,sewer,or other improvements on r adjoining the Property, p g special assessments,except as follows: N/A (Insert "None" or the identification of such assessments,if any.) Seller shall pay all owners' association assessments and all governmental assessments confirmed through the time of Closing,if any, and Buyer shall take title subject to all pending assessments, if any,unless otherwise agreed as follows: 7. PRORA.TIONS AND ADJUSTMENTS: Unless otherwise provided the g items shall be calendaratedar d eithe roughr adjuste the between the parties or paid at Closing: (a)Ad valorem taxesproperty shall be date of Closing; (b)Ad valorem taxes on personal property for the entire year shall be paid by the Seller unless the personal property is conveyed to the Buyer, in which case,the personal property taxes shall be prorated on a calendar year basis through the date of Closing; (c)All late listing penalties,if any, shall be paid by Seller;(d)Rents,if any,for the Property shall be prorated through the date of Closing; (e) Owners' association dues and other like charges shall be prorated through the date of Closing. Seller represents that the regular owners'association dues,if any,are$ N/A per 8. CLOSING EXPENSES: Buyer shall be responsible for all costs with respect to any loan obtained by Buyer. Buyer shall pay for recording the deed and for preparation and recording of all instruments required to secure the balance of the purchase price unpaid at Closing. Seller shall pay for preparation of deed and all other documents necessary to perform Seller's obligations under this agreement, and for excise tax (revenue stamps) required by law. If Seller is to pay any l duyeany F pHA/VA enses associated with the purchase of Property,the amount thereof shall be$ lender and inspection costs that Buyer is not permitted to pay,but excluding any portion disapproved by Buyer's lender. 9.FUEL:Buyer agrees to purchase from Seller the fuel,if any,situated in any tank on the Property at the prevailing rate with the cost of measurement thereof, if any,being paid by Seller. 10, EVIDENCE OF TITLE: Seller agrees to use his best efforts to deliver to Buyer as soon as reasonably possible after the Effective Date of this contract, copies of all title information in possession of or available to Seller,including but not limited to:title insurance policies, attorneys opinions on title, surveys, covenants, deeds, notes and deeds of trust and easements relating to the Property. Seller authorizes (1) any attorney presently or previously representing Seller to release and disclose any title insurance policy in such attorney's file to Buyer and both Buyer's and Seller's agents and attorneys:and(2)the Property's title insurer or its agent to release and disclose all materials in the Property's title insurer's(or title insurer's agent's)file to Buyer and both Buyer's and Seller's agents and attorneys. 11. LABOR AND MATERIAL: Seller shall furnish at Closing an affidavit and indemnification agreement in form satisfactory to Buyer showing that all labor and materials,if any, furnished to the Property within 120 days prior to the date of Closing have been paid for and agreeing to indemnify Buyer against all loss from any cause or claim arising therefrom. 12.PROPERTY DISCLOSURE AND INSPECTIONS; a Property Disclosure: Buyer has received a signed copy of the N.C. Residential Property Disclosure Statement prior to the signing of this Offer to Purchase and Contract. ❑ Buyer has NOT received a signed copy of the N.C.Residential Property Disclosure Statement prior to the signing of this Offer to Purchase and Contract and shall have the right to terminate or withdraw this contract without penalty prior to WHICHEVER RS FIRST: (1)the end of the third calendar day following receipt of the OF THE FOLLOWING EVENTS OCCU Disclosure Statement; (2)the end of the third calendar day following the date the contract was made;or(3)Closing or occupancy by the Buyer in the case of a sale or exchange. Disclosure Statement because (SEE GUIDELINES) ❑Exempt from N.C. Residential Property ❑ The Property is residential and was built prior to 1979 (Attach Lead-Based Paint or Lead-Based Paint Hazards Disclosure Addendum.) Page 2 of 4 STANDARD FORM 2-T. d/J' J ©7/2002 h _ __ ✓ � 0,-M-r Tnitials 1 CP/ — �.A ,L) ,U: JbAM APR - 7 2003 QOAST,9L MAN A MENT n at Buyers expense (b)property Inspection: Unless otherwise stated herein, Buyer shall have the option of ins M_c r_*33EgR g Y P tion of this contract that inspections,to determine theectricaltsystem,s of the Property.plumbing system,heating ss ld cooling e stated s systems,roof coveerein, it is a lrings(including flashing and (i)the built-in appliances,el P gutters), doors and windows, exterior surfaces, structural components(i clud and attic vend anon systems columns, chim eys,floors, and sewer ceilings and roofs), porches and decks, fireplaces and flues, owl pa systems (public and private), shall be performing the function for which intended and shall not be in need of immediate repair; (ii)theres hall be no unusual drainage conditions or evidence of excessive moisture adversely affecting the structure(s); and(iii)there shall be no friable asbestos or existing environmental contamination. Any inspections shall be completed and written notice of necessary repairs shall be given to Seller on or7,fore days of Buyer'not notice. Buyer is advised er toto have v evide anv written notice to Buyer of Seller's response within Y y ins ections made riot to incurrin expenses for Closing and insufficient time to permit any required repairs to be completed b Closin . (c)Wood-Destroying Insects:Unless otherwise stated herein,Buyer shall have the option of obtaining, at Buyer's expense, a Carolina report from a licensed pest control operator on a standazd form in accordance with thn regulations of the North o e there was no Structural Pest Control Committee, stating that as to all structures except visible evidence of wood-destroying insects and containing no indication of visible damage therefrom. The report must be obtained in sufficient time so as to permit treatment, if any, and repairs,if any,to be completed prior to Closing.All treatment required shall be paid for by Seller and completed prior to Closing,unless otherwise agreed upon in writing by the parties. The Buyer is advised that the inspection report described in this paragraph ma not alwa s reveal either structural darnalze or damage caused by agents or organisms other than wood-destroying insects.If new construction, Seller shall provide a standard warranty of termite soil treatment. (d)Repairs: Pursuant to any inspections in (b) and/or(c) above,if any repairs are necessary, Seller shall have the option of completing them or refusing to complete them.If Seller elects not to complete the repairs,then Buyer shall have the option of accepting the Property in its present condition or terminating this contract,in which case all .earnest monies shall be refunded. Unless otherwise stated herein, any items not covered by(b)(i),b(ii),b(iii)and(c)above are excluded from repair negotiations under this contract. (e) ON ITIONS LISTED TED ABOVE IN;ING HALL. ITSSTITUTE ACCEPTANCE THEN E 'ISING CONDIT ON EACH UNLESS THE PROVISION IS OTHERWISE CAN) MADE IN WRITING. 13. REASONABLE ACCESS: Seller will provide reasonable access to the Property (including working, existing utilities) through the earlier of Closing or possession by Buyer,to Buyer or Buyer's representatives for the purposes of appraisal,inspection, and/or evaluation.Buyer may conduct a walk-through inspection of the Property prior to Closing. 14.CLOSING: Closing shall be defined as the date and time of recording of the deed. All parties agree to execute any and all documents and papers necessary in connection with Closing and transfer of title on or before January 15 2003 , at a place designated by Buyer.The deed is to be made to buyer - 15.POSSESSION:Unless otherwise provided herein,possession shall be delivered at Closing. In the event possession is NOT to be delivered at Closing: a Buyer Possession Before Closing Agreement is attached. OR, ❑a Seller Possession After Closing Agreement is attached. 16. OTHER PROVISIONS AND CONDITIONS: (ITEMIZE ALL ADDENDA TO THIS CONTRACT AND ATTACH HERETO.) A) see lead base paint addendum B)Buyer to have until January Z 1003 to conduct favorable feasibility study fo/developmental purposes. Buyer will deliver to seller a list of what uses buyer Is pursuing in study within 30 days of seller's acceptance. C)See Additional Provisions Addendum D)Subject to Buyer's approval of any lease arrangements Seller has in place I f/1/02 17.RISK OF LOSS: The risk of loss or damage by fire or other casualty prior to Closing shall be upon Seller.If the improvements on the Property are destroyed or materially damaged prior to Closing,Buyer may terminate this contract by written notice delivered to Seller or Seller's agent and all deposits shall be returned to Buyer. In the event Buyer does NOT elect to terminate this contract,Buyer shall be entitled to receive,in addition to the Property, any of the Seller's insurance proceeds payable on account of the damage or destruction applicable to the Property being purchased. 18.ASSIGNMENTS: This contract may not be assigned without the written consent of all parties,but if assigned by agreement, then this contract shall be binding on the assignee and his hens and successors. 19,PARTIES: This contract shall be binding upon and shall inure to the benefit of the parties,i.e.,Buyer and Seller and their heirs, successors and assigns. As used herein,words in the singular include the plural and the masculine includes the feminine and neuter genders,as appropriate. 20. SURVIVAL: If any provision herein contained which by its nature and effect is required to be observed, kept or performed after the Closing, it shall survive the Closing and remain binding upon and for the benefit of the parties hereto until fully observed,kept or performed. Page 3 of 4 STANDARD FORM 2-T �+ �/ ©7lZ002 Seller Initials �/� _._ ps:CENED J3_zb-UJ; 1U:Jt�Aly COASTAL MANAGEMENT 21, ENTIRE AGREEMENT: This contract can taressed herens the tineAll�changes,eement ad additions or eletions hereto must bed there are no rm writing and inducements or other provisions other than thosep signed by all parties.Nothing contained herein shall alter any agreement between a REALTORS or broker and Seller or Buyer as contained in any listing agreement,buyer agency agreement,or any other agency agreement between them. or to such 22. NOTICE AND EXECUTION:Any notice r cct communication (the "Effiven to a ective Date")when signed by both y herein may be lven to the Buyerr and Seller party ontra Effect and such parry's agent.This offer shall become a binding signing is communicated to the offering party,This contract is executed under seal in signed multiple originals,all of which toge er constitute one and the same instrument, with a signed original being retained by each party and each REALTORS or broker hereto,and the parties adopt the word"SEAL"beside their signatures below. Buyer acknowledges having made an on-site personal examination of the Property prior to the making of this offer. THE NORTH CAROLINA ASSOCIATION OF REACTORS®,INC. AND THE NORTH CAROLINA BAR ASSOCIATION MAKE NO REPRESENTATION CT ONA IF YOU DO N IN OT UNDERS AND THI OR FOARM OR FEEL CY OF ANY PTHAT IT DOES NOT PRROVISION OF THIS OVIDE ANY SPECIFIC TRANSA FOR YOUR LEGAL NEEDS,YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOU SIGN IT. Date: 10/2/02 Date: l d Buyer (SEAL) Seller ) D 0 Date: Date: Buyer (SEAL) Seller (SEAL) Escrow Agent acknowledges receipt of the earnest money and agrees to hold and disburse the same in accordance with the terms hereof. P.0 Date 10/2/02 Firm: Y1�A !\ By: (Signature) Selling Agent/Firm/Phone n Johnson-Midge 2 2)$86-2841 Acting as O Buyer's Agent 0 Seller's(sub)Agent X Dual Agent Listing Agent/Firm/Phone Anthony FletcherlMidjett Real 9 53 3 Acting as ❑ Seller's(sub)Agent Dual Agent Page 4 of 4 STANDARD FORM 2-T ©7/2002 V 4 t ;i-L b-UJ i I U:JbHM EEE1717 1����PPP���yp�- ED APB'? .e l ?n q C0AS"I•,kL 10,Af4AGEMENT ELIZABETH CITY i __ Zs;...j.�_�ri ADDITIONAL PROVISIONS ADDENDUM e marked with an x, shall apply to the attached Offer to Purchase and Contract NOTE: All of the following provisions which ar ("Contract").Those provisions marked N/A shall not apply. 1. NIA EXPIRATION OF OFFER: This offer shall expire unless acceptance is delivered to Buyer or to❑AM ❑ PM, on or before on , or until withdrawn by the Buyer,whichever occurs first. 2._fir_ INTEREST BEARING TRUST ACCOUNT: Any earnest monies deposited by Buyer may be placed in the interest bearing trust account of the Escrow Agent named in the Contract. Any interest earned thereon shall belong to-the Escrow Agent' in consideration of the expenses incurred by maintaining such account and records associated therewith. 3. X _ SEWER SYSTEM: This Contract is contingent upon Buyer obtaining an Improvement Permit from the County for a (check only ONE) El conventional or bother Health Department ("County") ound absorption sewage system for a bedroom per feasibility study —gT home. All costs and expenses of obtaining such Permit shall be bome by Buyer, except Seller shall be responsible for clearing that portion of the Property required by the county to perform its tests and/or inspections no later than January Z 2003 . Buyer.shall use Buyer's best efforts to obtain such Permit. If the ground absorption sewage system is not permitted, Buyer may terminate this Contract and the Earnest Money Deposit -shall be refunded to Buyer.Buyer shall have until time being of the essence, to provide written notice to Seller that this condition cannot be satisfied,otherwise the condition is deemed satisfied. 4. x FLOOD HAZARD ZONE: Buyer has been advised that the Property is located in an area which the Secretary of HUD has found to have special flood hazards and that it may be necessary to purchase flood insurance in order to obtain any loan secured by the Property from any federally regulated institution or a loan insured or guaranteed by an agency of the U.S.Government. 5. NA APPRAISAL WITH FINANCING CONTINGENCY: The Property must appraise at a value equal to or exceeding the purchase price or,at the option of Buyer,this Contract may be terminated and all earnest monies shall be refunded to Buyer. The cost of the appraisal shall be borne by Buyer. 6. N/A AppRRAISAL WITHOUT FINANCING CONTINGENCY: This Contract is not subject to a financing contingency requiring an appraisal. Buyer shall arrange to have the appraisal completed no later than midnight of .The Property must appraise at a value equal to or exceeding the purchase price or, at the option of Buyer, this Contract may be terminated and all earnest monies shall be refunded to Buyer. The cost of the appraisal shall be borne by Buyer. 7. N/A CLOSING OF EXISTING CONTRACT CONTINGENCY: This Contract is contingent upon closing of an existing contracf on the Buyers real property located at: on or before . If this contingency is not removed on or before midnight of Seller may terminate this Contract and all earnest monies shall be returned to Buyer. Page 1 of 2 ���, STANDARD FORM 2AII-T ® This form jointly approved by: p 7/2002 North Carolina Bar Association TORS®,Inc. FEALTopa North Carolina Association of REAL R570EIVED b-G b'-U:-3; 1 U:3CiI'll , APR u• ?nn'� COAST.L,[AA1d Fall/or rights of g, =X _ RENTAL/INCOMEANVESTMENT PROPER �'enanciesopSeller age is rees toject o deliver B Buyer on or before tenants in possession under month-to month January 2 2003 , true and complete copies of all existing leases,rental agreements, outstanding tenant notices, written statements of all oral tenant agreements, statement of all is contingent upon buyer's d ovallts by Seller or tenants, and claims made by or to tenants, if any. of said documents. Buyer shall be deemed to have approved said documents unless written notice to the contrary is delivered to Seller or Seller's agent within seven (7) days of receipt of same. If Buyer does not approve said documents and delivers written notice of rejection within the seven day period,this Contract shall be terminated and all earnest monies shall bOVISION FOR PROPERTY e returned to Buyer. NOTE: DO NOT USE VACATION O RENTAL ACT. I A VACATION RENTAL ADDENDUM SUBJECT TO THE NORTH SHOULD BE USED IN SUCH CASES. 9, NIA COST OF REPAIR CONTINGENCY: If a reasonable estimate of the total cost of repairs required by Paragraph 12(b) and Paragraph 12(c) of the Offer to Purchase and Contract equals or exceeds $ then Buyer shall have the option to terminate this Contract and all earnest monies shall be returned to Buyer. IN THE EVENT OF A CONFLICT BETWEEN THIS ADDENDUM AND THE OFFER TO PURCHASE AND CONTRACT,THIS ADDENDUM SHALL CONTROL. SSOCIATION THE NORTH CAROLINA ASSOCIATION OF LEGAL VA�®TY OR ADEQUACY OF ANY PROVISION OF C. AND THE NORTH CAROLINA BAR THISFORM IN MAKE NO REPRESENTATION AS ANY SPECIFIC TRANSACTION. S YOU C CONSNOT ULT UNDERSTAND NORTH CAROLINA REAL E ATE ATTORNEY BEFORE YOU FOR YOUR LEGAL NEEDS,YOU SHOULD SIGN IT. (SEAL) DATE 10/2/02 BUYER: (SEAL) DATE 10I2/02 BUYER: (SEAL) DATE SELLER:t!t&;:_ (SEAL) DATE SELLER: Page 2 of 2 STANDARD FORM 2A1I-T ©7/2002 ,-Zb-UJ; 1U:JbAM r Nov 13 02 10: 18a MIDGETT REALTY 252-995-4799 P . 2 1 1/1.2/02 'MIR 18:23 PAX 5403731745 5 C C \' Q 002 Nov 12 02 10: 44a MIDGETT REALTY 252-995-4799 P. 2 09:50 PAX t I '°' I Addendum to Offer to Pumbase aW Contract For Lots 1,3A and 3B at 51976 NC Highway 12,Frisco,NC Between Albert L.Bonney and Larry R.Bonney,Buyers, And Amos Willi;. Seller Dated Octuber 11,2002 1. As per item 16B in the Offer to Purchase and Contract for the alcove property, it is the intention of the Buyera to apply rer major LAMA permits to fill in the basin and subdivide Lot 3A into three latR.Quible and Associates will be obtaining the permits for this project.According to Joe Lassiter of Quible and Associates,it will take approximately 90 days to secure the major CAMA permits. 2. Btryers request that Seller grant$uyers permission to repair,ai Buyers,expense, the damaged bulkhead on Lot 3A beinre applying for CAMA permits. 3. Buyers request that the closing date for this transaction be extended until bull-lirad repair is completed and CAMA permits are obtained,which is anticipated to occur by February 29.2003. Buyers: Seller: / Albert L nrley t Amos Willis - etc Larry R Bonney APR r 7nF13 COASTAL MIANAGEMENT ELIZABE T H CITY Addendum to Offer to Purchase and Contract For Lots 1, 3A and 3B at 51976 NC Highway 12,Frisco,NC Between Albert L. Bonney and Larry R. Bonney,Buyers, And Amos Wills, Seller Dated October 11, 2002 1, As per item 16B in the Offer to Purchase and Contract for the above property, it is the intention of the Buyers to apply for major CAMA permits to fill in the basin and subdivide Lot 3A into three lots. Quible and Associates will be obtaining the permits for.this project. According to Joe Lassiter of Quible and Associates, it will take approximately 90 days to secure the major CAMA permits. 2. Buyers request that Seller grantBore a pl�ssio CAMA repair, permBuyers expense, the damaged bulkhead on Lot 3A pp Ymg for 3. Buyers request that the closing date for this transaction be extended until bulkhead repair is completed and CAMA permits are obtained, which is anticipated to occur by February 28, 2003. Buyers: Seller: Albert L. onney at Amos Willis Date Z Larry R.Bonney ate A -R COASTAL jv!f4J IAGEMENr ELIZABE'TH CITY EIVED 9 r3 5 1 MAR 17 ?nm COASTAL MANAGEMENT ELIZABETH CITY The propert� hereinabove deiierlbed wak acquired by Grantor by 11intrut-neut recorded In A99-16.A5.0-1 ---61-1...40...... zo,( 520, Page 195, .......................................................................................................................... A Insp showinr tba above described property Is recorded in Plat Book ................................... piigo...—.................. TO HAVZ AND TO ITOLD the aforesaid lot or Parcel of lend Aud 01 privilegemi and appurterianceo thereto belloofflam to the Grant2e in fee sill)JAC. And the Crantor covenants with the Grantee, that Grantor is aiiii:od of One prernineti in fee simple, ham the right to convey the same In fee simple, that title is marketable and free and clear of all encumbrances,and that Genitor will warrant and defend the title against•the low ful claims of all persona whomsoever except for the exceptions hereinafter stilted. Title to the property hereiliabove dencril;kd is subject to the following exceptions: Basements mid restrictions appearing of record. Any portion of the above described property located in the Pamlico Sound, canal or basin located within rhe boundaries of the above described property. IN WITNERS w"n%ror, the orm air him )irteunto eat k1l hand and LC*I. Of It CmIlDrAlt 11" 01,10911 this 10"Er"Weat to be aimed In Ago Co rp owlite Axtae by its duly atiLhUrIled 01"ietwo and ita jitod to be heroungs Afirl d r autnotlty 91 its so.'s, of rtcLIDXI, (be 11431 and Yalu first ShAVO ------ --- —(SLAJ.) ------------------------- --------------I---------- .. ... ...... ----- (CoiDarstil Nama� Jo n Y. Mori le I - ----- ............. ------- -------- BIN ---- -------- ------------- ----- -- ------------ ............(64AL) -------—----------I.......Pk*%idt;nt ATTHSTi ------ ------------------------------------------- ------------ -------------------------------—------------- --------- ...... -- ,.__Secretary(CorpOlAtt SVAI� ": WORTH C*ROU -------------------- ------------------------(SEAL) KA- ------1� - ---------------------Coullsy. 7, a .4miary puillit of the Colloty Alld State ■forgsaid, ctrilly that ----------------------------------- John ----------------------------- t 2, -pirzopolly x1pocartif lict9re rat this day ikad ItcWitokUdged the,excquilpit or tho fornrolair Instrument,WiLnevs nlY J, t:l JoAnd&hd D111clal Nfolilp Or soal,ibis dAy or—Septainbar--------------------- 1- - MY romnlIX11911 expiltil.............13....q...l ........... �.W.109------ Notary Fvmr NORTH CAkOLWA, ----------------------------------County. 1, a xoiary pubijo or Ike county sirld State aforewd, aertiry that ------------------------------------------ - ptuenally cams veroks me this any Rod lickplawledgod IhAt.... as It ----------------------— 4.qrktA7y of ................ III Kgr[b C&IQIInm tokpolkliou,Air)(i That by authbilty duty riven slid At the 2916 of tell COMOtAU011- the lorillolhir instsuniatut w;*slintol in its nnnis by Its --------------- President,oeAtqd with Its corporate meal and atlxstQd 107 ----------- as Its--------------------------- SerretalY. Witnam my IsItild Ithd atticial osrilp or seal,this-----_-day of................... --------- hlycommlasloa aapUeh------------------------------ ---------------- ...... ---------- The fu,et&lnc certi, ------------- ------------ / 21 .... . L-i --------11---------- t,------------------------------------- - ------------- ...... ----------------------------------- 'be correut. This insitun)tot and this oerrlfl�htt sra.duly rectilArt-d at the date Ahd time end In the Back and Fort shown an UIA ral.phga hervol. -J_ I .L) R901OTER OF 1191WO FOR------QARK..... J � a r ............... rW4ku4r,1A1m1stAzt"R991fit-t Of Deeds y N-C.Mi r Aistit.roo ni No.3 0 1976.Rky;w4 6 1917-i.-,m rw—a r—,I a.1117.woo—tP,-W C 77 10at. F RFrm191►E® U', _ FILED E0 APR - ?nnl _ 99 SH 27 Pri 5 O��l1izar3 rH cI�ME If%� Reai CSt tte .._ D,13 N,C. d�w1dL1f ;S 1'i X ' �'..;y•'l r, 1= fix- R 17 201. 1J. MIS .-- ANAG ' I C:UASTAL M er+ E�I.IZABETH CITY:I tsetse Tsx ah Keeitrdlns Time,Book end Face :kr; ;> Tax Lot ITo. �..,:,.�...... , .+ "r r ....... ............... Parcel Idantifler No, ..,..,.. ,. ,,� it VariGed by;"., �. .. county on e .. .. . of,.•... day ............ .......................I...............:., ls.......... ' `.. � ����it�;�^;;�:,. :_`�; } /'• th ., by ........,.. - "�j.; i fi:�.. ............................. .................•.....,...................,..........................................., ,. , , ,...... „,. 00 Mail after recording to DiXo11 & Dixon, P-0. Box 750 .. ..........:................................... „ ....................... vori, NC 27M ........................................................................................................... ..... . ........................................................... .......................... ....... This Instrument waa prepared by •.,..Chr.isCplzile,t ........................ ,,...,..................................... ,,.,.......... ................ '. . Brief description for the Index parcel in FriscowT_� NORTH CA.ROLIN.A. GENERAL WARRANTY DEED THIS DEED made this 2lst September leJ „44 by and between ................ day of .......................... ,....... ._._ - -,--•----•— __..,....W_....___.. ._ .. Rd1�7COR... _......,... GRANTEE JOIIN V. MONSELL and wife, AMOS J. WILLIS LINDA H. MOKSIrLL /v Entur It% uppvoI7riM1le block fur each pity. rlab7c, taderesa,and, It appropriate, character of runty, e.4 corporayqu ar pitrinGr^hip. 'she designation Grautor axed Gi-nuteerIts used herein shall include said parties, their heirs, auccgabors, and assigns, and shall include singular, plural, masculine, feminine or neuter as regaired by context, WITNESSETH, that the Grantor, for a Valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does jerant, Largatn, sell and convey unto the Grantee In fee simple, all that certain lot or parcel of land tituated in the Village.of...Fs isco. ... ........... ....... Hatteras Townahip• .pa�.�............... .... ..... ..... County,North Carolina and more particularly dkit6bed as follows: Sea attached Xxhib1t: A Adlae•Form No.3 0 1974,Revised 0 1977—J.•swn�&cw..M..0,•,p7.Y.&U.m..n.e Dols ri..aw b.•.p na+,r•a,•,.N C,sa n,wc..�.9e, n cOFIVED COASTAL MANAGEMENT LIAR 17 2003 ELIZABETH CITY .. C,t ASTAL MANAGEM EXHIBIT "A" TO DEED PROM 0011N V. MONSELI� AND WIFF, LINDA �IZABETH CITY MONSnLL, GRANTOR, TO PIRATE'S CH135T, INC. , GRANTEE BEGINN1140 at an iron pipe or other marker located in the North rnargin or right of way of N.C. 3.2, said point of beginning being also Lora fed in the West line o:E the now or formerly H. C. Willis property; thence from said point of beginning along the North , margin or right of way of N.C. 12 South 75 deg- 52 min. 35 sec. West 1.60.38 feet to an iron pin located in the East line of a 6' easement; thence along the East line of the aforesaid 6' easement North 28 deg. 19 min. 21 sec. Went 5e .93 feet to an iron pin or F . other marker; thence continuing along the Fast margin of the aforesaid 61 easement North 44 deg. 47 thin. 28 sea. West 32 ,38 feet to an iron pin or other marker; thence continuing along the Kast ^` line of the aforesaid 6' easc+mPPt and a Northerly' exten.sion thereof North 213 deg 49 min. 25 sec. West 786.42 feet to a point located -'-' i-n t•.he Pamlico sound; thence North 25 deg, 54 min. 55 sec, west 68 .46 feet to a point; thence North 01 deg, 24 min. 08 seQ. Bast 75,07 feet to a point; thence South 69 deg. 01 min. 14 sec. East 132 .53 ft!tct to an iron pin or other marker; thehcre North 87. deg. of min. 25 eec. Fast 59 .87 feet to an iron pin or other marker; thence caotitinuing north 81 deg. 01 min. 25 aec. East 5 feet, more or less, to a canal; thence along the Western edge of the aforesaid canal. in a general southeasterly direction to a point which is located in Northeast corner of property Dow or formerly owned by Jeff & Jody Midge+_te; thence along the North lime of the aforesaid Midgette property South 57 deg. 59 min. 55 sec. West 133 .73 feet to an iron pin or other marker; thence South 31 deg. 01 min, 30 sec. East + along the West line of the aforesaid Mi,agette property 148 .33 feet to an iron pin or other marker; thence continuing South 31 deg. 01 min. 30 sec. East 392. 55 along the West line of a IS' easement to the point and place of beginning, There i.a aleo conveyed hereby all right, title and interest of the Grantor in an to the basin and to maintain same under permit from the U.S. Army Corp of Engineers, together with all riparian rights, i.f ;u•ay-, ',,Applicable to the above described property. There is also' conveyed hereby all improvements located on the above described property. This being that certain property described and delineated on that plat ent:.it3.ed "Survey for Amos Willis", dated September 1, 1994, ,.. prepared by Don Rankin 7,and Surveying, which map or plat is dul-y recorded in Plat Cabinet C, Slide 197C ___, Dare County Registry_ T RFrFIVED . , APR - CAFTEIVED COASTAL.MANAGEMENT MAR 17 2003 E_LIZABE H CITY EXHIBIT "A" uA5TALMANAGEMEN Et 17ABETH CITY BEGINNING at an iron pipe or other marker located in the NQz h margin or right of way of N.C. 12, said point of beginning being ; also loe:at-ed in the Went line of the rioW or formerly H. C. Willis property; thence from said point of beginning along the North - margin or right of way of N.C. la South 75 deg. 52 min. 35 sere. West 160.38 feat to an iron pin located in the East line of a 64 easement; 'thence along the East line of the aforesaid 61 easement North 28 deg. 19 mi.n. 21 Fac. West 5a.93 feet to an iron pin or ; other m.?%rker; thence continuing along the East margin of the aforesaid 61 easement North 44 deg. 47 min. 2a sec. 'West 32.38 feet -. to an iron pin or other marker; thence continuing along the fast line of the aforesaid 6' easement and a Northerly extension thereof North 28 deg. 46 min. 25 sec. West 786.42 feet to a point located , in the pamlicco *bound; thence North 25 deg. 54 min. 55 dec. West 68.46 feet to a point; thence North 01 deg. 24 min. 08 sec. East 75.07 feet to a point: tj.aenoe South 69 deg. of min. 14 sea. East 132.53 feet to an iron pin or other marker; thence North 61 deg. 01 min. 25 sec. East 59.87 feet to an iron pin or other marker; thence continuiizig North 81 deg. 01 min. 25 sac:. East 5 feet, more or less, to a .anal; thence along the Western edge of the aforesaid canal in a general southeasterly direction to a paint which is located in Northeast; corner of property now or formerly owned by Jeff & Jody Midgett:e., thence along the North line of the aforesaid Kidgette property South. 57 deg. 59 min. 55 sec. West 133.73 feet to an iron pin or other marker; thence South 31 deg. 01 min- 30 sea. Fast along the West line of the aforesaid Midgette property 148. 33 feet to an iron pin or other marker; thence continuing South 31 deg. 01 min. 30 i:ec. East 392.55 along the West line of a 15' easement to the point and place of beginning. There is also conveyed hereby ,all right, title and interest: of the Grantor in an to the basin and to ;maintain same under permit from the U.S. At-my Corp of Engineers, together with all riparian rights, if arty, :y ppl i oable to the above daecx ibed property. Where y.s also conveyed hereby all improvements located on the above . described property. This being that certain property described and delineated on that plat entitled "survey for Amos Willis", dated September 1, 1994, pre,pa%%cl by Don Rankin Lind SurVpying, which map or plat is duly zec-orded in P) at Cabinet C, Slide 197C, Dare county Reg:i.htry. i . k n e; View rr,® h v t' •7 t. t APR r )n�� G COASTAL IVIANAGEMENT ELIZABETH CITY 'St; SEP " "1 s of RECEIVE r ,Y 7 rjn'� MAR 511T15FACTION:The dclri secured c;GLf N.C. y,ured by the within[ked of Trust together �� :7 _ c.�,/,rdAUENT with the note(s)secured theteby has Lean satisfied In full, :*i Abo-H Cl" This the dayof._.—_ 19 u. Signed: Recording:Ylmb,(look and Page Tax Lot No._.—_.— ,—. w. _ .,, .__--_— _Parcel Identifier No. �. Verified by -_� ».—��•.- Countl'or,the_ day of .-.�__._ .,.....`�,19� ; by ~Christopher I.. Snowell,�Post Of£i.ce Box—339r Manteo,N.-C:-Mr5Ti'. NWilahrrrecordingto _ .. Thislnstrtrmenlpreparrrdby—w VDavid R. Dixo_n, p 0_—A_ox 750r Avon, North Carolina, 27915 1� Oriuf Ouscriptlon for the index' e 1 0 f T,a n I.. ..•�.... _ ...�.... .. ,... NORTH CAROLINA DEED OF TRUST r /Purchase Money THIS DEED of TRU5T made this 10 ry day of July � y 19 91 byM1a�nd between: GRANTOR TRUSTEE BENEFICIARY Amos J. Willis Christopher L. Seawall John V. Mon9ell and wife, Linda H. Mansell F..ntar In atsproorixte block for cach parry:name,address,and.If appropriate character of entity,e.g.corporation or partnershlp, The designation Grantor,Trustee,and Banefrcl4iry as used heroin shall include said parties,their heirs,successors,and assigns.and shall include singulgr,plural, masculine,feminine or neuter as tegyired by conlext. WITNESSETH,That trhereas the Grantor is Indebted 10 the flenrgelaryin the principal sum of v rid> e d�y ty yh o tt i;an+d d o 17`a c e _ `;• ', .r1Ja ft...11..Q.— .O..t thi 1,T._,_.. _ 8 0 0�Q a 0.0 0 _1, as e.•idenced by a Promissory 14ot0 of esenmale herewith the Ier pfg h ch are InvorpOrAled fl0rein DY rcfCrerrce.The goal due date for payment of sold Pro,nhsorY Note,if not sooner paid,is NOW. THEREFORE, as Security for-,aid indeblednesi, advancements and other sums expanded by Beneflclary pursuant to thi,, Dead of Trull and costs of collr;cilon(including anoineys fees as provided in the Promissory Note)and other valuable conside►atloh,the cKeipt of which Is hereby ai:knovvIrdged,the Grantor has baigained,sold,glven,gr0nted and<onvcyed and does by the convey se presents bargain,sell,give,grant and to said Trustee,his heirs, or successors,and assigns,the parcel(s)of la 0 situated in%hr.qtj 4W V i 1 1 as It aa,..o f F r i s c o, 8 t t e a e �______ Township, Dare- County,North Carolina,(lhe"Tremises'l and more padlcularly described asfollows. THIS IS A PURCUPSE MONEY DEED OF TRUST. See "Exhibit A" here attached for legal rij?6dription. •tispadtton -- Caroolled I,tpon pTeEe itatlen and Alrhi'hi.t; of the orij?inal Ned of I'mm Lid L-17toS m..t.r'l ed.r ts— — —s`.ram ._,..._._ to 1-4 8 U10 day of .-Awb r lyf Deefi(91 Asia egistfar of Deeds N.C.Bar Assoc.form s 0 i0 i•Revised 4)Upternbet 19a5•hruttd by A rummi whh rh.N.C.a,r Anon -1001.JiSKA lnnssu 0 ow,re,•044 M•YrA b A..NC 27065 • t:;, � � J ' ,'�1�� �� j ;)i���� BAR � � '�Qfl� , TO IIAVE AND TD MbLD said lli-4es wl,h all pm4leyef And appulten4Kfi U- funto btk,ndng,to mid Tfuifet,h t210tEla�elc#+o'llo;.Sej,YP,lfk tr�'ru.ot+st+��n the Iraul Je m?r`-f1hg44WlPdwmrvw Ar,n n,nri in torah. t�G"ru(`J Tv Ott-;,. �r�� p rrTi.lodtihcr with inlP,n-t lAelnin,and ani'IMew ��. I F 1 �� -r ts...y{ ((`��T�' Vine,Cfanlof shell ay the Not,sound herb,maccordasie wnh lAl Ala of ehia..,ynE a):eiralm wKo7•o.inmg.allumef w�A''+�s,;ti�,p,YVsariltylahf4l.I<r.^+`llyrnh A!;of the corrnanlA.se,mt cod cond,lian,n(lhn O.ed of T•.,,r.then tA'm conveyan<e than fur n.0,lid.oµ1 and maY I'a S,nCY11ed lot rrcald JI the Ia of l And,he P'pensc of rile Grinwl.IL Ae..C'•er.IN,r,hJll oe Jny acl.:h Ur,n sh.o-ymcni al,ny wmt due vndrf Ili•Note•.Ihi1 De A el Lml or&nv.Ihtr Inutvmml fteu,inqq the Nutt and wrh delauu-I apt cYRA tvnhin ten IIDI del'+(rum Me dun d-le,o/IUI it them✓,AU h.•delµ li in ,m u,,he ms•a-tnvennu,l.1m1 or C-dilwns al the Nair irf-v nbrby,or 40T Uilum Of Mllle.l to com7ry, 4h the C-n.nll,lelniA u,Cm•dn ions con,.•ned to,his❑e-d of T,w,ar Kin.olhel i^.Irvmeni t.•tunnp.nr Jnd u.,h der Ia-.not c.n:d„kelp hA..n U sl as y+.4er w,nun,•alai,,Ike^and In any W such Kintner.wthaul lvah<r nolir.,it shill be laMal brand mt dell of the T,uuo.,Lipp^rc4u••r OF'he Rrat r{,pry,to Kith In lan•1 henna can-rNd al p.bin Amuwi for rA.h,after s..rmg ram ah,n¢wch no,Ka o/h.pnng As,. n.rnet"At of Iale<losI.:prrycetdin{s Ana oMAined Lxh nndi,-da or Irani a1loud as n•ay than br rrgwled by u.. lid p.,na taco^once and adorn•>,nd the lade And pbct of N[h Ule` tu<A meaner as .y rhrn Zr,w ororlded fur raw,sad uPin wch*lid any If L1Ie..d JPan COrnphY Ct w tl the IAM Ihen RIa1HC to IalrtlOw r r wing undo,pol,tr of sale la ronvty Jilt 16 the pulehArel m A,lull&lid ample fnJenr,et the J-1Att If empelpaed.The Ttpttte shall be at,(rw.irrd to/ruin...uomt,•m Itpreaen,him in such owcerda,p. T4,pfc.n ends al the S-s,Malt•he,Ike Tru,!,w"a ins hii commisti.n-iOae.hr,wgh iesranah4 anom-y,lee&Inc.ntd by the Tiaslee-wch P,acrrdine.be+Gnlild ao the coma-le,mcl..dina-but not nmltta so,caul of rbllKliva_UI",au.,LmaN&.forty of inewling,&e(r,ee ftes and IntklentAl e.pendyu,.n,the amount due on Ua NOW hereby uru,ed and adwneamenil and Wher turns tapetiled by she oencpriary Acca.dir.a to the y,o+aWnchw<ofand vNr,,dta„equirt d us the than eaigine Ia.noWine I.m,ednwre&,The t.usto K—mUsion.haR be five pe,ttnt f5'Al ofthTtron ptu..45 ofiht talk o,Uri,minimum sum of E wt.¢bertr y pea,.r,fw.compkt folrclolv,e,mart evepl ruititL wre Is tomn,tht•d,last no,lompltled,set GUNor 114 pry aH enpensaa Incuuaa byes art,includlnd„asonablA anoncvK<o�-end pullet cunma,on c-mp.,lyd on ft4 tsar eenf(514).(the o.t.t•ndin 'ndebkdneU a,the ab-.aatad mir4-p sum,v kithrrm If prate.in. wti with the foMowing wkiduk,m•.-�:anclauth o4l,Mrld Lclom(he Tlugte ttwe,A notice of htadr,d on the,Ikht W Iortcloforr:Onahalf`t4l thrmol.k-inuar,te of wed rrOlke;Ihrnloonha r'dl tM muf ahN L.Ch heatlnj;a^d the Peale,of Ifni,fait rommisslon or osInus m Kum she,the Initial tale. And the said Cnantrd don,hetebv tm•enan and ag,ee w•0h she Trotter,1 lollowf: ,.INSURANCE.G'alontull krvp all m,ymvemenu ran said land now 0,Arm.htre,a',ed.conslanUy inlun-0bnhrntnefh of fruit BenerKury.pinil loss by nm.wlnduh-and&uth other catV•IUrs And cominytncle&, 1 Kin s.en•panne,and In even ra,nosnivi and to,wch amount&.n.al Vrf1 than that Amount netba,fy to pAryhe Kum laeured by this Deed oftiall,and As may ye wUtfaetory to the Rtneftcl+ty.G,antor(hall putt;ha)e&Lich .,,.,ante.Raj all prrmwme lhr,eloi,and)hall deli.v,to 6entGc4gf wch k.lides aloA6 with"Idene,a premium paymrnK a Iona+&thA Nule&ecuyecqq he,ehy(afniitfl tmpakl.if G-.nlo,WIs W oa-0,aw wch insdfamce. W,p,em,wcn tkoeiut of deliver laid poi-r,lti along with evidence of nayrnnt of pnma,ms thtr:on-then Be.afkl&ry,at hit option,may pu,ChAse suet iniufanri-,Svch amounts pad by penelldarr�s shall he added IV the p nnopal of true t+0te weured by till.Deed of Tnrst.and shall be due and payable dpon dwnand al fbeneflrlah.AI)ploc,*dt tram any Insuul.ct so,AAin011ncd shAR.1 lilt oplin.tat Ilef,"tury be Aop14d to the debt L.,, d ,r,rby and'd hat absv,n initallmeptt.a pplied,n the Inverse aide,ul m.forlrq of wch i^HAllmenls or to Ihr I,pa)I of r.Aq"tfoCjian of any jrop,vemenu IOC•fed ui»n IAe r,openy. 1.TAat),ASKS5MIN15,<11AU:E1.C,mnlb,shall PAY Ell ter..+,-11AM11 r 111 And Ckalg%,..!,AV be lawfully Irvied kpiml said Pmrni$t,w;ihig Ihiny O01 d,ysAhAl the mm,shall become due.In IAe gent hot Gral (a•i Ia)u pay all I.are.etiosrntnu and th-,eft,Al her.in requil.d.then peneGcury.YI M,6,lsri,may brylhe 1A"And the anrov-ela so paid shill be added so the principal of the rrole sttwtd by this Oetd of T,u)1,taw span IIR Out and payable upon drmAnd of Hcneljclary. ASSICNhit>ITS Or Krell,AND PROAI75.G-.roof-.1%p &to 9enegciary,6,the event of debuh,all nano and polar tom Me Jnd•r.d Ant imp,oYemmP lhe,eon.And AUIMrun RtntaC isq fo a^nl span Ind wk.y.•>eiibn I vI Lich ulia.nit 6npa,"(A.,n.,totems c.me,a,any,m.gr-,p�Ialr al am desAnnined fur BYrrelkury,and ahcr deduci.-g Imm a,rt wrh feels leer torld fekging and colkelian•to apply;ist IemAindtt to truer debf wur.d hereby. a,PAarif.t,REP-tm E..G,snu,shAll nor be embatd to the o:nial,tlew of any ul the above OW,il>td proptgY unless a a ceirK pfovitlan pmvldins lheftfal it inctudca1 in tills Deed of Pull.In the event A genial N•leue drut'islan it inctudtd in Ih'it Deed u(Trust.Canyor fault 1111<tit'comply ivilh lie]Kim)1"10l.Nolwphstanding apything hcain contained,GIAntol shall not%e endLled to Any Irtbese of p10prgy ttrdo•Glamor it ndl in ddaull and n In full c-pllanca with all al the lefms and p,ayiLj0AL of the Note.this Deed of Trust,and any caMl rill-umenl that may be Ierudnq laid Nola. 5.WASTE,The Cwnm,rovehmis shot he s.;ll keep III.PRmisel lit-gin mnytyed in At gaud o,17e1,mpriir and cohditioas as duty tie now.newn_bir wear and elan eacepled,end wit,Somply with lill ao.etriAbnul -.quu,,Mp nn,t-&iwtiung the Prvmises of the!,vie,and Ihal he will not mmmtl of pe(ma any waste. I. AS CONDEMN 101v.In the a.enl that any-tar.11 Of die P,emiiei shaft be[ordtn•nld and Uk pe ed.ndr,inn prover afert,k-enl domain,Grmb,&hill . hnnvdi.te wtkmn g.kice Ia eads tnclary and aene(icAq shah Y:aVe lilt dFM Ip receh a and col&en all damaGes twa,ded by rtw an a(such 1a11&and,he rlah,Io Wrh damage&ht,eby Is AIsi d to 9enefiel+ry who ihall ha sefr,yq the di -to apply IAe amaaM w,tcelv.d,or Any pad ,he,taf.to the k,deLlednru dur htmondr.and if pay.ble M Iniulln-entl,alJOW m the in,*-.,der of meluth)of weh9nliesull-4,of so Any-11-1 V^.Wile of rrltorallon Of the rmroi&e)by Glamor. i,14'AML-iI1ES.(7-Kiel.......ynla wlih Ttutlee end dontpciAry'KAI hit is cued afl%r limmlte.,n lee simple,h.uthe it t to convey the some In fee 6-plaihal title is malkattbleand her and cka,til ell rK,nibranctl. 4nd,hal Ae,-III Wa...nt.,Id dNend the,i:W agei-sl lho I.wrul c)Atms at All pelsana uMmwrwr,Mn pl i-ha iaceDltonthaernahef aakd,Thk to the Vfoa.nrhtreinAbare deacdbtd is•vb)eel to the WGIA Ing aacepUunl: a.SU95TITUrION OF IfRUSTEE,GuNa,and Twslte rosier•,^I and ad-at to and wph iforfklari,therm in case the A-jd Twit..,o,any s-cdtul uumel,shelf die,become jncaW bk o(adling, e-Uhet his Putt.of to,any Icawn the holder uI Ike,Note dtsires so pollee s ld Tlu$14e.then the holder mAy App;rnI.in w-d-ng.A Iruslee Ia I-ke tlsrplace of tie Ytasier.And upon the p,obate and Itelstu0on ofiht lame.She uuaee Ii.us ap9oln-ed 0"11 succeed 1.all mill+,po„'en and duties of she 1-i". THE FOLLOWING PARAQRAPH,9,5ALE OF PREh415E5,SHAII NOT APPLY UNLESS THE BLOCK To TH6 IEFT MARGIN Of TP(IS SENTENCE IS X MARKED ANDIOR INITIALED. 9.SALE OF PgLAAsSE1.C,anlof ad,us.the If she r"rriias or any IA,(thtleW of interest Ihenin-I said.it+",fr+ntart.d,va.veyed err othtrsvix al;-opted by Gninsor-whatset wlv,opti of imalwdatdv or oy .Dttallon a(Lw lmhel Ih,m(1),he ewatio.-of a lien b,vlhe,ene.mhrrnct 1.W IdlnAk to Ikls Dyed oI T14L v.Agh dues ntH mlast td a IWO*'a1 lighls of oet.P-Cy Ill(ha Premise);(ill(h.aNhon of a pu,chast morsty krwiry intt.en fw hbuwhold ApWsanco;si,n a lrJnU.,by rt'Ale.de.cenf.or opv,•don of law tan the detail of spin(lenam mtrnaa by tit entirely:Ilvl,ha gtans of a leuehvfd Inlata of thine W feat..,Inn not toniaim ragQ an r.phvn to pwcha Hi 1.1 a hanHar to p-04.7,r Rmlfmg(lam the death ola Gunlol:lull a wndar ilea d,r aP1 tare or ehild,.n of,rut Cnnl.n M•co.-e deer outer,of use P•mrirN Willa tr.ndv„Caulsin�l teem g dc[,et Df .dhioiutiun.f rna,f,aae,Jeri fepJlation.grte.atnl,or loom an intidenl,I p;op.nv.rlJT eel ly.emenr.by,,N6(he spouse of the G-amol h.,;o^-rs an awnp of(hr pfemista;(-tail a IuoeMr into An titan•.ivot true M which the G,-nloi s andnonts,jpt A beaaficury and„hk does ram feUtt Ioa wndtr err nnagills of occudm[Y In tAt Pgmlatsb ithoul the pliatw'tiI1M calunlal Rentnclery,avnef t4-y,at in ew.opsbn,der deda,r tilt Nolt sanu,rd be,etsr and ill etht,dblig,tlons ht,cuoJ e,to be(bdhwdh dun and ruyable.AAY change In the Ida-I at tq 9.bik title of the Pumtsti of In the benefit W awn.aahlp of 16e p,ernftet.InetadY,.d the tare. c.ry ante o,dflp.L;lain Of A majaldY na.:,eii In the Genus,It a calpawluln Or pa Menkip.tvl,efh.r Or not of Itcd.d,nd whesAt,or nut fol rpnsiderelon,than be deemed Or,ba the lienakl of.A Inlereu in the rrcm Kea. 10.ADvnNf FIAENTC If panto,.I,aU fall io fadgap any bl like covavnn or,alApbom contained herrin 411,AVY atAn InN,umenl BB vk,..r Addl11o11Al tecy ity la,Ina NMT wuled kYgby.Ike Selagcury may,but.6clut ebha tit matt Ad.Incts Io)kr$.,m wch(prt•an1/of p(iGgpipn&,and all wch wen k)tdiancta d-a0 be added a li,e principal aim,shall Lear irA.rex AI the Palo p-ided in no Now struu•e htaby bl wma d-lief dt(A.h and shall be due born G,,mo,or,a-,And ul,he et-.arKii,y.No ad-.n(arem 0r pausyeph shall cringeyte a weh-a by Brneficio y of pr•renl wch hdu/e to pedorin fmm(os)uouunf&An wens o(dobub. I.IN WANIT,r.if Any wif err p—,"ins be b—AM AeainAlist Ti-,Of ber ie ti+-y or if Any sad ur plocecdty be brouglu whith moo ANegl ihil—lur of dlly of ilia plemlutG upwl iha ll d(knd,indenn-dy,and haW hamlet$and on demand teimb,l&c Tra,lee of etntriClary Isom any Ion,w..damped a optIlle and any lymieppend@d by Trilstet o,Beneficiary&hall(sear inlel"at pfovidled In me 12ule segued hapby fur sum&doe a 11r,dcNub A.,)hill be due Kind I)Jlable an drnand. t A.WAJV t.S•Ogee,wwo all ligha le requ;te nu-.haWng of aswfr by the TNII.t ql henell-'vM-K&debt of omiatlon of me Tfulltt W DenefiCDry in the eatIOW of Acy eight,power a.rtrnedy AriLing urdel(he Nqa a,,his Deed.1 Tali 11.all Ire deemed o-.'Jiver a(any default of aCltufescence Ih(nitin or shall impair ontalYe the eaeirise pf Wrh light powtt o,-emedy by Tsustre or otnkfciarr at any tether Ome- T 1.GIT,IL ACTION.In the eternl Ih.I the Tlauee it nAmed a..p"y in any gi.il raion a I site in liltIs Datd of Lust.the TmgAe Thal(be troMpd la Unplorr An dsomey at taw,inGtadLIZ ni/n..R A he h t attn,ad anomey.,o•< awni Wm in said ammn and the rrsf nAhL,ana(nal''.4e of the Ti..t.e in wch ailiun.h.11 be pay Is,d-.evnaf-cl.ryand AQded to the prinNp.l o!the Note t.c-d by WA Or.d oITNu and 1--Knee As 0,a tale A-6diird,n the male f-f sumo due rile,dauab. la.FROR LIEIJS.4el•uh vndt,ihr le,m,a(Any inailumenl.reun'd by a Flan to which Oil Diod d Tfun is wbardinple shall contlilwe defavh h-ni—der, • � IS.Oy1tER TERMS, IN WfTNESS WItfRFOF.the e,Iaegw Pus hele.nfu set kis hand&lid scat.at If cnnamhle.run caused turf IntlldnlafLL us be sjdned In it%r.1jut-At name by its duly,oulhotfetd blr-cen and Ill•eAl,a be haeuma at0,ad by authwily of its 0O-ref of Diltctar$,flit dal'and Ya,,fdsy abov.-ku,., (Corporale Name) >- 1 O L�fiULf'J2_Sy[.L. ISEAU Amoa J . Willis , by hie atto>;ney-iei- Xa-c-t-,-T-el-rfaa .Y...SLi]mks _ 15EA11 Al"I'E5T_ -- - bi �c� (SEAL) _—Secrete (Corporate Seal Q/ N61:th Carolina --- -' - r-. Dare c«tnty ! 4�2: ' r) �'t (,ir''.2r` t, Di„)e Bess) a Notary Publie for the said Cojnty a»d State, do hei;vay certify that Teresa - - •SEAL•., Y. Willis, attornerin-fact for a'tns J. Willis, prersoElally appeared before ma t)lis day, and Ct ?, 1 J ',reel; li¢idTig by me Eluly Swann, SAYS t)-,at she ext2cuted the foregoing and armexed xrLatrulknt for rtfxd - -�•r in behalf of the said Awe J. Willis, anti that her autbarity to execute arks aclvlcAdlAge said �,t),A..�; •;�,:. iTt�I mra2nt its cxTntained in an irlstLiRTT�nt d oxded uly erctc�lted, aelmouleclged, aril ret itl the office of the regist" of deeds in the Uway of Dare, Stag of North Carolina, on the 27th flay of SeptetrlxT, 1994, alai that this instruttant was executed under and by virtue of the authority given by said instruaarur VaniJTg her powe",f-attorney. T do farther certify that the said Tura Y. Willis aclgi0t•a)edged the due execaftiacl of the forcigoing aril aimexed imiti�afeent for the purposes t•1jerain exi)ressed for and in behalf of the 'y aid Amos J. WM;!: - 1,1itnEsa fey haM and official seal, tbi.s, the 27th clay Of Septmlber, 1994. ty CCxnI)iS5i0l1 expires - /- , 199 he foregoing Ccrticate(,) � � lam _— —!iSGI_ r- -- _L1r'{(� 1'ui5llc T i`ccoified ID be correct. • -s Ir,5Lrvrrten(at d•thl5 Pit' Ott ar uty reg1mit ed at the dale and time and In the Book and Page Sho~ on the fuss page hereof, REGISTER OF DE(DS FOR —__—COUNTY BY --k- -- -I - -- �vDtfly/Ass,aant.ReBjslerofl�etds. N.C.ear Alioc.Fo-m No.5 Q 1976,11—illto 0 Seplrrnbtr 1985-pfirM,l fur Aara+ment wish the N.C.Bar Aatpa_IOol•JAmu w1011ioa dt C•-It.-ha,1;7•TAdul la,NC 27866