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HomeMy WebLinkAbout152-03 Maritime Place, c/o Stuart Cooke Permit Class Permit Number NEW 152-03 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission r r m It for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Maritime Place,c/o Stuart Cooke, 1 Causeway Drive, Ocean Isle Beach,NC 28469 Authorizing development in Brunswick County at adj, AIWW,near intersect of E. Seventh St& Shallotte Blvd.. Ocean Isle Beach , as requested in the permittee's application dated 7/24/03 (MP-1) &7/18/03 (MP-3), including the attached workplan drawings (4), listed in Condition 1 and the AEC hazard Notice dated 8/25/03. This permit, issued on November 4,2003 , 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. 1) The workplan drawings applicable to this permit are as follows: Sheet 2 of 7 dated revised 10/2/03, Attachment 1 dated 4/1/03, and Sheets 3 and 5 of 7 both dated 7/18/03. Subdivision Development 2) This permit authorizes only the land disturbing activities associated with establishment of the Maritime Place Subdivision as well as the construction of the swimming pool, pool house and the wooden pedestrian bridge that are expressly and specifically set forth in the permit application and depicted on the attached workplan drawings. Any additional land disturbing activities and/or construction on individual lots, including the construction of single-family homes, shall be evaluated on a case-by-case basis by a representative of the Division of Coastal Management to determine additional permit requirements. Contact a representative of the Division at (910) 395-3900 prior to the commencement of any such activity for this determination. (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 1 i personnel when the project is inspected for compliance. Any maintenance work or project modification not covered onna D. 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 Maritime Place Permit#152-03 Page 2 of 3 ADDITIONAL CONDITIONS 3) Any portion of the swimming pool deck located within 30 feet of the mean high water mark shall not exceed 200 square feet, and shall be elevated, slatted and constructed of wood. 4) Any portion of the permitted pedestrian bridge built over coastal wetlands must not exceed six feet in width and must be elevated a minimum of three feet over the wetland substrate as measured from the bottom of the decking. 5) No vegetated wetlands will be excavated or filled. 6) Any building constructed shall comply with the North Carolina Building Code and the local flood damage prevention ordinance as required by the National Flood Insurance Program. NOTE: The building code or flood damage prevention ordinance may impose additional more restrictive requirements than the Division's standards for development in areas of environmental concern (AECs). 7) The impacts associated with the permitted development shall not directly result in any closure of any waters that are open to the taking of shellfish. Any such closure directly attributable to the permitted development will require that the permittee undertake remedial actions to remedy the situation. Sedimentation and Erosion Control 8) An Erosion and Sedimentation Control Plan will be required for this project. This plan must be filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this plan to the Department of Environment and Natural Resources, Land Quality Section 127 Cardinal Drive Extension, Wilmington, NC 28405. 9) In order to protect water quality, runoff from construction must not visibly increase the amount of suspended sediments in adjacent waters. 10) 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.). Stormwater Management 11) The N.C. Division of Water Quality approved this project under stormwater management rules of the Environmental Management Commission under Stormwater Permit No. SW8030731 on 9/5/03. Any violation of the permit approved by the DWQ will be considered a violation of this CAMA permit. General 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 permittee and/or his contractor is urged to meet with a representative of the Division prior to project initiation. Maritime Place Permit#152-03 Page 3 of 3 ADDITIONAL CONDITIONS NOTE: The N.C. Division of Water Quality has assigned the proposed project DWQ Project No. 031238. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No. 197800056 (COE Action Id. No. 200400072) which was issued on 10/21/03. A� �*A 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 November 5, 2003 Maritime Place c/o Stuart Cooke One Causeway Drive Ocean Isle Beach,NC 28469 Dear Mr.Cooke: 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 time for assistance. By working in accordance with the permit,you will be helping to protect our vitally important coastal resources. SmS rely, om-�7& V #X f Douglas V.Huggett Major Pem ts`aYi&C'DnsTsteffcy'Mahialer 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 s DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Stuart Cooke / Maritime Place 2. LOCATION OF PROJECT SITE: East 7th Street, near intersection of Shallotte Boulevard, Ocean Isle Bach, Brunswick Co. Photo Index - 2000: 4-33 W-X 3-4 1995: 2-24 U-W 16-18 1989: F-G 5-6 State Plane Coordinates - X:2184300 Y: 55700 Rover File: 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 09/04/03 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - 07/30/03 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Town of Ocean Isle Beach Land Classification From LUP- Conservation (B) AEC(s) Involved: OH CW ES (C) Water Dependent: Pedestrian bridge - Yes High ground development - No (D) Intended Use: Residential Subdivision (E) Wastewater Treatment: Existing - None Planned - Municipal sewer (F) Type of Structures: Existing - None Planned - 22 lot subdivision including roads and utilities (G) Estimated Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands 120 sq. ft. Coastal shaded (B) Non-Vegetated Wetlands (C) Other Graded 2.7 Acres High ground (D) Total Area Disturbed: 117,612 sq. ft. or 2.70 acres (E) Primary Nursery Area: No (F) Water Classification: SA Open: Yes 8. PROJECT SUMMARY: The applicant proposes to develop a 22 lot subdivision including: roads, utilities, swimming pool and pool house. f Stuart Cooke -Maritime Place Page Two 9. PROJECT DESCRIPTION The applicant's project is located at the northeast end of Ocean Isle Beach in Brunswick County. The property is located along East Seventh Street - near the intersection of East Seventh Street and Shallotte Boulevard. To find the property cross over the high rise bridge onto Ocean Isle Beach. Turn left onto east Second Street and continue to Shallotte Boulevard. Turn left onto Shallotte Boulevard and continue to East Seventh Street. Turn right onto East Seventh Street. The property is on the left (north) side of East Seventh Street. The tract is 4.41 acres and mostly cleared of vegetation. Several small stands of Southern Wax Myrtle (Merica cerifera), Yaupon (Ilex vomitoria), and Red Cedar (Juniperus virginiana) exist on the site. The property consists of two strips of high ground, which range in elevation from 6 feet to 11 feet above mean sea level. Both strips extend from East Seventh north towards the Atlantic Intracoastal Waterway (AIWW) for approximately 450 feet. The two strips of high ground are connected along East Seventh Street. Two existing dirt roads, spaced approximately 300 feet apart, enter the property from East Seventh Street and continue across the two high ground strips approximately 400 feet towards the AIWW. The high ground strips of land appear to have been created during the dredging of a basin adjacent to the property in the 1970's when the property was known as "Camp Atlantic" (See North Carolina Dredge and Fill Permit#130-74). The property has approximately 1,053 linear feet of shoreline along the AIWW. Approximately.500 linear feet of shoreline at the waterward ends of each of the high ground strips is currently stabilized by a timber bulkhead. The areas between the two highground strips and the area east and west of the applicant's property is vegetated with Smooth Cordgrass Marsh (Spartina alterniflora). The shoreline in these areas is not bulkheaded. Along the eastern edge of the property, the applicant's property line averages approximately 35 feet landward of mean high water (MHW). This narrow strip of land, approximately 500 feet long, is under separate ownership. On the western side of the property the applicant's property line more closely follows MHW, however, there are several small strips of land between the applicant's property line and MHW that are also under separate ownership. The waters of the AIWW adjacent to the project are classified as SA by the North Carolina Division of Water Quality. The waters are open to the harvest of shellfish. A portion of the project is located within the High Hazard Flood Area, as indicated by Zone VE (elevation 16) on the Flood Insurance Rate Map. Although this High Hazard Flood Area (VE Zone) is contiguous to Shallotte Inlet, the project is located just north and west of the Inlet Hazard Area of Shalllotte Inlet, as designated by the North Carolina Coastal Resources Commission. PROPOSED PROJECT The applicant proposes to develop a 22 lot subdivision. Development would include grading and filling 2.7 acres of the property for road construction and lot preparation. Individual lots sizes would average 5,458 square feet - a density of 4.99 units/acre. Access to the lots will be provided by the construction of two roads (Old Marina Drive and Baywatch Drive). Both roads would terminate in a cul-de-sac and each would consist of a 50 foot right-of-way and a 21 foot paved asphalt surface with an ABC stone sub base. The roads would be constructed with curb and gutter, utilizing curb breaks and vegetated swales to control stormwater. The two roads would be in approximately the same location as the existing dirt roads. The project was issued a low density Stormwater Permit (Permit No. SW8030731) by the North Carolina Division of Water Quality on September 5, 2003. Water and wastewater would be provided by the Town of Ocean Isle Beach. Along the east side of Old Marina drive, the applicant is proposing to construct a community swimming pool, including a 8 feet by 28 feet pool house with restrooms. The pool facility would be located within a 0.66 acre open space area adjacent to Lots 9-14. Approximately 150 sq. ft. of the swimming pool's wooden decking would be located within the 30 feet Coastal Shoreline Buffer area. The applicant is also proposing to construct a 6 foot wide, elevated, wooden, pedestrian bridge to span the coastal wetland area between the two strips of high ground. The bridge would span approximately 20 feet of wetland area and be elevated at least 3 feet above the marsh substrate. Stuart Cooke- Maritime Place Page Three CAMA General Permit (Permit No. 35029-D) was issued to the applicant on September 29, 2003, to perform maintenance dredging in the basin area between the high ground area of the project site and the AIWW. It is anticipated that future individual lot owners would request separate CAMA General Permits for the construction of private piers on Lots 7-9 and Lots 14-16. 10. ANTICIPATED IMPACTS: The initial grading of the property and bulkhead construction would result in the disturbance of approximately 2.7 acres of high ground. The proposed roadway and pool house construction would result in the creation of approximately 20,395 square feet of impervious surface. Total impervious surface coverage within the 75'Estuarine Shoreline AEC would be 6.4%. The applicant has received a State Stormwater Permit from the Division of Water Quality (Permit No. SW8 030731). This permit, issued under the low density(25%)option, restricts the total maximum built-upon area of Lots 1- 22 to 27,854 or an average of 1,256 sq. ft./lot. Subsequent individual lot development would create additional impervious surface area, and would require individual lot owners to obtain CAMA Minor Development Permits from the Town of Ocean Isle Beach. The proposed wooden pedestrian bridge would shade approximately 120 sq. ft. of coastal wetlands. Submitted by: Jim Gregson Date: September 30,2003 Office: Wilmington 0 NARRATIVE for Maritime Place Ocean Isle Beach,NC DESCRIPTION The project area is a 4.41-acre tract located within the town limits of Ocean Isle Beach, NC. It is located off East Seventh Street near the intersection of Seventh Street and Shallotte Boulevard. The proposed development on the site is a residential development consisting of twenty-two (22) home sites. The site is cleared with sandy topsoil and -grades ranging from 0.58% to 1.75%. The site will be graded to accommodate the purposed plans. Construction is scheduled to begin during the month of August, 2003. STORMWATER MEASURES This project will be classified as low-density, and will comply with both NCDENR-DWQ stormwater regulations and the town of Ocean Isle Beach's Stormwater Management Ordinance. The Ocean Isle Beach Stormwater Ordinance will require individual infiltration systems to be installed for each lot, in order to control the runoff from all surfaces. The total proposed impervious percentage is 25%. The stormwater runoff from the site is estimated using the rational method for a 10-year event using published historical rainfall data for the area. The proposed grading for the lots is such that stormwater will sheet flow across the property and away from the roadways. The stormwater from the roadways will be directed into two (2) 100' vegetated swales through curb cuts located along the curbed roadway. The vegetated swales will route the stormwater to existing drainage ways. EROSION CONTROL MEASURES Sediment moving off-site will be controlled by the use of silt fencing. Vegetation will be established quickly in the swales. Temporarily check dams will be located at the end of the swales to control erosion. The grading contractor and the developer will provide the maintenance for the erosion control measures. CONSTRUCTION SEQUENCE The Contractor will install silt fence prior to beginning any clearing and grading operations. The roadway will be rough graded. The swales will be established and protected with check dams. The water and sewer utilities will be installed, and then storm drainage features will be installed. The curb and gutter and the roadway will be installed. The disturbed areas will be landscaped and seeded upon completion, and as soon as possible. Recommendations for State Permit- Stuart Cooke-Maritime Place It is recommended that a permit be issued subject to the following conditions: • In order to protect water quality, runoff from the construction must not visibly increase the amount of suspended sediments in adjacent waters. • The Division of Water Quality approval of this project under stormwater management rules of the Environmental Management Commission is covered by way of Stormwater Permit No. SW8 030731, which was issued on September 5, 2003. Any violation of the permit approved by the DWQ will be considered a violation of this CAMA permit. • 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. • In order to protect water quality, runoff from construction must not visibly increase the amount of suspended sediments in adjacent waters. • 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.). • A ground cover sufficient to restrain erosion shall be provided within the shorter of 15 working or 30 calendar days of completion of any phase of grading on cut or filled slopes. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 395-3900 prior to the commencement of any such activity for this determination. The permittee is further advised that many non-water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: The permittee and/or his contractor is urged to meet with a representative of the Division prior to project initiation. Form DCM-MP-1 APPLICATION (To be completed by all applicants) b. City,town, community or landmark 1. APPLICANT Ocean Isle Beach c. Street address or secondary road number. a. Applicant: 7h Street off Shallotte Boulevard Name Mr. Stuart Cooke d. Is proposed work within city limits or planning jurisdiction? X Yes No Address 1 Causeway Drive e. Name of body of water nearest project (e.g. river, City Ocean Isle Beach State NC creek,sound,bay) AIW W Zip 28469 Day Phone (910)616-1795 3. DESCRIPTION AND PLANNED USE Fax (910) 579-9353 OF PROPOSED PROJECT b. Authorized Agent: a. List all development activities you propose (e.g. building a home, motel,marina,bulkhead, pier, and Name East Coast Engineering Company,P.A. excavation and/or filling activities.) The construction of two roads and the installation of Address Post Office Box 2469 water and sewer to provide access and utilities to City Shallotte State NC twenty-two proposed lots. A pool house and pool are Zip 28459 Day Phone (910)754-8029 also planned. b. Is the proposed activity maintenance of an existing Fax (910)754-8049 project,new work,or both? New work c. Project name(if any) Maritime Place c. Will the project be for public, private or commercial use? Private d. Give a brief description of purpose,use, methods of .NOTE- Permit w%Q-6e issuedin name of construction and daily operations of proposed project. Candowner(s),and/or project name. If more space is needed, please attach additional pages. The purpose of the project is to develop 22 residential lots and provide the required access and 2. LOCATION OF PROPOSED utilities. Standard construction techniques and daily PROJECT activities will he uteri a. County Brunswick ORIGINAL. Form DCM-MP-I on-site. Signed survey pending. 4. LAND AND WATER in. Describe existing wastewater treatment facilities. CHARACTERISTICS A gravity sewerline will be installed and connected to the Ocean Isle Beach wastewater collection and treatment system a. Size of entire tract 4.41 Acres n. Describe location and type of discharges to waters of b. Size of individual lot(s) Average 5,458 SF the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash c. Approximate elevation of tract above MHW or down" and residential discharges.) Surface runoff. NWL Ranges from 6' - I P MSL. State and local approval of a stormwater management plan will be obtained prior to any construction d. Soil type(s)and texture(s)of tract o. Describe existing drinking water supply source. Waterlines will be installed and connected tothe Ocean e. Vegetation on tract Grass, southern wax myrtle Isle Beach Water Supply system and yaupon holly. f. Man-made features now on tract Existing buldhead 5. ADDITIONAL INFORMATION and two dirt roads. g. What is the CAMA Land Use Plan land classification In addition to the completed application form, the of the site?(Consult the local land use plan.) following items must be submitted: X Conservation Transitional Developed Community A copy of the deed (with state application only) or Rural Other other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then h. How is the tract zoned by local government? forward a copy of the deed or other instrument under R-1,Residential which the owner claims title, plus written permission from the owner to carry out the project. i.Is the proposed project consistent with the applicable zoning? Yes X No An accurate,dated work plat(including plan view and (Attach zoning compliance certificate,ifapplicable) cross-sectional drawings) drawn to scale in black ink on an 8 ''/z" by I I" white paper. (Refer to Coastal j. Has a professional archaeological assessment been Resources Commission Rule 7J.0203 for a detailed done for the tract? Yes —X No description.) If yes,by whom? N/A Please note that original drawings are preferred and only k. Is the project located in a National Registered high quality copies will be accepted. Blue-line prints or Historic District or does it involve a National other larger plats are acceptable only if an adequate Register listed or eligible property? number of quality copies are provided by applicant. Yes _X No (Contact the U.S.Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is I. Are there wetlands on the site? X es No a part of plat requirements and it must be sufficiently Coastal(marsh) X Other detailed to guide agency personnel unfamiliar with the area If yes,has a delineation been conducted? YES * to the site. Include highway or secondary road (SR) (Attach documentation,ifavailable) numbers, landmarks,and the like. *US Army Corps of Engineers approved the delineation Form DCM-MP-1 • A Stormwater Certification, if one is necessary. I certify that to the best of my knowledge,the proposed A Stormwater Management Plan will be submitted activity complies with the State of North Carolina's for review concurrent with this submittal approved Coastal Management Program and will be • A list of the names and complete addresses of the conducted in a manner consistent with such program. adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners I certify that I am authorized to grant, and do in fact, have received a copy of the application and plats by grant permission to representatives of state and federal certified mail. Such landowners must be advised review agencies to enter on the aforementioned lands in that they have 36 days in which to submit comments connection with evaluating information related to this on the proposed project to the Division of Coastal permit application and follow-up monitoring of the Management. Upon signing this form,the applicant project. further certifies that such notice has been provided. Name Odell.Williamson I further certify that the information provided in this Address _ 2 Causeway Drive, OIB NC 28469 application is truthful to the best of my knowledge. Phone (910) 579-6555 This is the 24th day of July ,20 03 Name Address Print Name Alan.Lewis, Authqrized Agent Phone //-' Signature L/.�I 1_, A list of previous state or federal permits issued for Ldndowner or Authorized Agent work on the project tract. Include permit numbers, ' permittee, and issuing dates. Please indicate`attachments pertaining to your proposed N/A project. • A check for$250 made payable to the Department of DCM MP-2 Excavation and Fill Information Environment and Natural Resources(DENR).to cover - X DCM MP-3 Upland Development the costs of processing the application. DCM MP-4 Structures Information DCM MP-5 Bridges and Culverts A signed AEC hazard notice for project in DCM MP-6 Marina Development oceanfront and inlet areas. NOTE:Please sign and date each attachment in the A statement of compliance with the N.C. space provided at the bottom of each form. Environmental Policy Act(N.C.G.S. 113A-1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained in the permit. Revised 03/95 Form DCM-MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major h. Projects that require a CAMA Major Development Permit, Form DCM-MP-1. Be sure to complete all Permit may also require a Stormwater Certification. other sections of the Joint Application that relate to this Has a site development plan been submitted to the proposed project. Division of Environmental Management for review? X Yes No a. Type and number of buildings, facilities, units or If yes, date submitted July 2003 structures proposed Roadways and Pool/Pool Jlaouses by individual lot owners) i. Describe proposed method of sewage disposal. Town of Ocean Tsl P RPac-h b. Number of lots or parcels 22 Sewer System j. Have the facilities described in Item i. above c. Density (give the number of residential units and the received state or local approval? pending units per acre) 22 residential unit.-, (Attach appropriate documentation) 4.99 units/acre k. Describe location and type of proposed discharges to d. Size of area to be graded, filled or disturbed waters of the state (for example, surface runoff, including roads, ditches, etc. 2.7 acres sanitary wastewater, industrial/commercial effluent, .wash down" and residential discharges). surface runoff from roadways e. If the proposed project will disturb more than one via grassed veg, swales acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land disturbing activity begins. 1. Describe proposed drinking water supply source If applicable, has a sedimentation and erosion (e.g. well, community, public system, etc.) control plan been submitted to the Division of Land lown Public System Resources? X Yes No If yes, date submitted July 200-1 m. Will water be impounded? Yes X No If yes, how many acres? f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for paved surfaces. n. If the project is a oceanfront development, when asphalt with ABC stone was the lot(s) platted and recorded? n/a East Coast Engineering — Alan C. Lewis g. Give the percentage of the tract within 75 feet of Appli or Project MHW or NWL, or within 575 feet in the case of an Outstanding Resource Water, to be covered by Signat impervious and/or built-upon surfaces, such as / b� pavement, buildings, rooftops, or to be used for J Dotevehicular driveways or parking. 6.4 % Revised03195 ORIGINAL U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. 6 O County Bru,S�,,JiC GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property owner A Address cwya oc P&h 751e- 6 ea , ik� C Telephone No. 616 -17 gS II Size and Location of project(water body,road name/number, town,etc.) r sly A ILI+ ITT W Description of Activity [-.,,�,j 0. 1��� { , 2�'2,VA. ,Q l�►a��(WH+/ poet,, 30' ro _ l► !f 8k'4t"', 0.rt A Applicable Law: X Section 404 (Clean Water Act,33 U.S.C. 1344). (check all that apply) _ CX Section 10(River and Harbor Act of 1899). RECE VED Authorization: 1979400S6 Regional General Permit Number. OCT 2 7 2003 Nationwide Permit Number. )Wff00AVALWMVAW, RNM Your work is authorized by this Regional General(RGP)or Nationwide Permit(NWP)provided it is accomplished in strict accordance with the attached conditions and your submitted plans. If your activity is subject to Section 404 (if Section 404 block above is checked), before beginning work you must also receive a Section 401 water quality certification from the N.C. Division of Environmental Management, telephone (919) 733-1786. For any activity within the twenty coastal counties,before beginning work you must contact the N.C. Division of Coastal Management, telephone (919)733-2293. Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the conditions of the RGP or the NWP referenced above may subject the permittee to a stop work order,a restoration order,and/or appropriate legal action. This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to obtain any other required Federal,State,or local approvals/permits. The permittee may need to contact appropriate State and local agencies before beginning work. If there are any questions regarding this authorization or any of the conditions of the General Permit or Nationwide Permit,please contact the Corps Regulatory Official specified below. Date Zv^a l `(.)3 ) Corps Regulatory Official W Telephone No. Of6,'�6 f- t4930 Expiration Date of Verification 12-3l -d Y SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE ATTACHED TO THE YELLOW(FILE)COPY OF THIS FORM,IF REQUIRED OR AVAILABLE. CESAW Form 591 Revised July 1995 Agent Authorization I, Mr. Stuart Cooke, authorize East Coast Engineering Company, PA of Shallotte, North Carolina c s agent to obtain necessary State and Local Pemits for Maritime Place. SIGNATURE TITLE � Q DATE we � a Notary Public for the County of the State of North Carolina, hereby certify that appeared personally before me this day and being duly sworn acknowledge that the above statement was executed by him. Witness by hand and notary seal, this oZ day of , 2003. SIGNATURE My Commission Expires: S S C- " 1 p DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD A) APPLICANT: Stuart Cooke/Maritime Place County: Brunswick LOCATION OF PROJECT: East 7th Street,near intersection of Shallotte Boulevard, Ocean Isle Beach, Brunswick County DATE APPLICATION RECEIVED COMPLETE BY FIELD: July 30, 2003 FIELD RECOMMENDATION: Attached: YES To Be Forwarded:No CONSISTENCY DETERMINATION: Attached:No To Be Forwarded:Yes FIELD REPRESENTATIVE: Gregson DISTRICT OFFICE: Wilmington DISTRICT MANAGER REVIEW: B) DATE APPLICATION RECEIVED IN RALEIGH:--L(Il FEE REC'D:$ 400"0 PUBLIC NOTICE REC'D: ,/ END OF NOTICE DATE: 1 O/3 010 3 ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: ✓ APPLICATION ASSIGNED TO: ON: 10 3 C) 75 DAY DEADLINE: /o /3 u s 150 DAY DEADLINE: /a/,z 7-lv3 MAIL OUT DATE: + C) O 3 STATE DUE DATE: FEDERAL DUE DATE: FED COMMENTS REC'D: /0L.21103 CAP PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS OBJECTIONS: NOTES RETURNED YES NO Coastal Management-Regional Representative 1() z U 3 ✓ Coastal Management-LUP Consistency v / 6 /0 3 ,/ Division of Community Assistance I V /03 Land Quality Section + Ql b C 3 ✓ S f E to Division of Water Quality ✓ ►i , GvwimM��c� p/►at*- Storm Water Management(DWQ) I 012ZQ3 'g S 3 State Property Office Division of Archives&History Division of Environmental Health 1011, C%rNn2er� Division of Highways b CI3 Wildlife Resources Commission Division.of Water Resources Division of Marine Fisheries u3 Submerged Lands(DMF) / L-PO = 1\,I I 0 Permit# /S-2— C)3 DCM Coordinator: MAILING DISTRIBUTION: s Permitee: Agent: liQQJ ��l A/Z� i�1 1?4 DCM Field Offices: FS4 _ahat r;ty -- h-—(— Morehead City Wffskifig(.eH Wilmington US Army Corps of Engineers(USACE): 'as i611ti4mwiRell (NCD T) Bill me(NCDOT) eigh B and Wilmington: l)ftYe4T4w4P ,.DQj) Henry Wicker Others: Cultural Resources: Renee Gledhill-Early Environmental Health: Beverly Sanders Marine Fisheries: Mike Street NCDOT: Roberto Canales Shellfish Sanitation: Patti Fowler State Property Office: Joseph Henderson Water Quality: John Dorney OT) Water Resources: John Sutherland Wildlife Resources: David Mememy Bennett Wynne David 6e*+��T) Iravia TV IA T) FAXING DISTRIBUTION: Permitee at %/t_u Agent at `l/0 7 S�7 VP04 / DCM Field Offices: Eftsburetty Morehead City Washingtom Wilmington US Army Corps of Engineers(USACE): Wasfflng,l Mike Bell (NCDO e(NCDOT) Rall6i-g Bland--- Wilmington: ) Henry Wicker Updated as 2/28/03 Affl7i;-UnA 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 October 14, 2003 Stuart Cooke • - 1 Causeway Drive Ocean Isle Beach, NC 28469 Dear Mr. Cooke: This letter is with reference to your application for a Coastal Area Management Act Major Development permit to develop a 22 lot subdivision known as Maritime Place in Ocean Isle Beach, Brunswick 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 December 27, 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, Jeff Schaffer Asst. Major Permits/Consistency Coordinator cc: Jim Gregson—DCM,Wilmington DCM,Morehead City Alan Lewis,East Coast Engineering Co.,PA, PO Box 2469, Shallotte,NC 28459 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%0 Post Consumer Paper 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 October 8,2003 MEMORANDUM R E C E!v E b TO: Mr. Joseph H. Henderson, Director OCT U 9 2003 State Property Office State Property Qfs�� Department of Administration FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: STUART COOKE / MARITIME PLACE PROJECT LOCATION: EAST 7TH STRET, NEAR INTERSECTION OF SHALLOTTE BLVD., OCEAN ISLE BEACH, BRUNSWICK COUNTY. PROPOSED PROJECT: DEVELOP A 22 LOT SUBDIVISION INCLUDING: ROADS, UTILITIES, SWIMMING POOL AND POOLE HOUSE. Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 29, 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 245. 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 objec to �e project for reasons described in the attached comments. SIGNED ts U�— 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\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, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary September 30, 2003 R 1 MEMORANDUM CCT Z" S 2003 ' TO: Justin Whiteside, LPO DIVISION OF Ocean Isle Beach COASTAL MANAGEMENT FROM: Doug Huggett ...., Major Permits Processing Coordinator ut; I 1 0 ZUU3 SUBJECT: CAMA/DREDGE & FILL Permit Application Review +�,,%r� I' ,ry.OFCOY� .. . AGEMEN' Applicant: Stuart Cooke/Maritime Place Project Location: East 7th Street, near intersection of Shallotte Boulevard, Ocean Isle Beach, Brunswick County Proposed Project: To develop a 22 lot subdivision including: roads, utilities, swimming pool and pool house. Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 21, 2003. If you have any questions regarding the proposed project, please contact Jim Gregson at 910-395-3900. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED ..� DATE 1 3 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-395-3900\Fax: 910-350-2004\ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper 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 September 30, 2003 MEMORANDUM RECEIVED TO: Mr. Charles F. Stehman, P.G., Ph.D. OCT Q 2 2003 Division of Water Quality/Groundwater Section JIV OF COASTAL MANAGEMEN' AALEM FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Stuart Cooke/Maritime Place Project Location: East 7th Street, near intersection of Shallotte Boulevard, Ocean Isle Beach, Brunswick County Proposed Project: To develop a 22 lot subdivision including: roads,utilities, swimming pool and pool house. Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 21, 2003. If you have any questions regarding the proposed project, please contact Jim Gregson at Ext. 251. When appropriate, in-depth comments with supporting data is requested. REPLY: V"- 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 101ol 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-395-3900\Fax: 910-350-2004 \Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper AN, 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 September 30, 2003 MEMORANDUM TO: Ms. Melba Laney 9 2003 for: Mr. William A. McNeil, Director Division of Community Assistance AV.0FC0ARiTAs V;VAGEMar, rU'I�ilt,�17 FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Stuart Cooke/Maritime Place Project Location: East 7th Street, near intersection of Shallotte Boulevard, Ocean Isle Beach, Brunswick County Proposed Project: To develop a 22 lot subdivision including: roads,utilities, swimming pool and pool house. Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 21, 2003. If you have any questions regarding the proposed project, please contact Jim Gregson at Ext. 251. 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 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-395-3900\Fax: 910-350-2004 \Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper A ISTRICT3 i-A 0 C T 1 2003 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 October 8,2003 MEMORANDUM HUL�� TO: Mr. Roberto Canales OCT 1, 6 Z003 State Construction/Materials Branch ��� ������'��'' Division of Highways FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: STUART COOKE / MARITIME PLACE PROJECT LOCATION: EAST 7TH STRET, NEAR INTERSECTION OF SHALLOTTE BLVD., OCEAN ISLE BEACH, BRUNSWICK COUNTY. PROPOSED PROJECT: DEVELOP A 22 LOT SUBDIVISION INCLUDING: ROADS, UTILITIES, SWIMMING POOL AND POOLE HOUSE. Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 29, 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 245. 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 the project for reasons described in the attached comments. SIGNED DATE 310-3 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\10%Post Consumer Paper A NCDENR 'MCMED North Carolina Department of Environment and Natural Resources OCT 1 6 2003 Division of Coastal Management AV OF/+�� Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross October 8,2003 MEMORANDUM TO: Mike Kelly, Acting Director Division of Environmental Health OCT 2003 FROM: Doug Huggett Major Permits Processing Coordinator ^P.. SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: STUART COOKE / MARITIME PLACE PROJECT LOCATION: EAST 7TH STRET, NEAR INTERSECTION OF SHALLOTTE BLVD., OCEAN ISLE BEACH, BRUNSWICK COUNTY. PROPOSED PROJECT: DEVELOP A 22 LOT SUBDIVISION INCLUDING: ROADS, UTILITIES, SWIMMING POOL AND POOLE HOUSE. Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 29, 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 245. When appropriate, in-depth comments with supporting data is requested. REPLY This agency tas 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. SIGNE S G 1M K-t DATE 0` IS 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 A.� a 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 September 30, 2003 MEMORANDUM TO: Dan Sams RECEIVED for: Mr. James Simons, Director OCT 0 6 2003 Division of Land Quality JN OFCOARALMANMGEVSr, FROM: Doug Huggett RACe W Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Stuart Cooke/Maritime Place Project Location: East 7th Street, near intersection of Shallotte Boulevard, Ocean Isle Beach, Brunswick County Proposed Project: To develop a 22 lot subdivision including: roads, utilities, swimming pool and pool house. Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 21, 2003. If you have any questions regarding the proposed project, please contact Jim Gregson at Ext. 251. 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. yErosion and Sediment Control Plan application and approval is required for this project. This agency objects to the project for reasons described in the attached comments. SIGNED('",�l��. DATE L 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-395-3900\Fax: 910-350-2004\Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper �' .�. �i• . 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 September 30, 2003 MEMORANDUM M R TO: Fritz Rohde Lil � 1'J Mr. Preston P. Pate, Jr., Director Division of Marine Fisheries I FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Stuart Cooke/Maritime Place Project Location: East 7th Street, near intersection of Shallotte Boulevard, Ocean Isle Beach, Brunswick County Proposed Project: To develop a 22 lot subdivision including: roads,utilities, swimming pool and pool house. Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 21, 2003. If you have any questions regarding the proposed project, please contact Jim Gregson at Ext. 251. When appropriate, in-depth comments with supporting data is requested. REPLY: c-, 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 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-395-3900\Fax: 910-350-2004\ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper AGA 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 September 30, 2003 MEMORANDUM TO: Mr. James Rosich, Community Planner DCM/WiRO FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Stuart Cooke/Maritime Place Project Location: East 7th Street, near intersection of Shallotte Boulevard, Ocean Isle Beach, Brunswick County Proposed Project: To develop a 22 lot subdivision including: roads, utilities, swimming pool and pool house. Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 21, 2003. If you have any questions regarding the proposed project, please contact Jim Gregson at Ext. 251. 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 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-395-3900\Fax: 910-350-2004 \Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper D lab s - =�- NCDENR OCT 9 9003 North Carolina Department of Environment and Natural ResourcesTowE%sEPYAMONOFFICE Division of Coastal Management Michael F.Easley,Governor Donna D. Moffitt, Director William G. Ross Jr.,Secretary October 8,2003 g03 r MEMORANDUM 40 (� iv- 10(2l to-3 TO: Ms. Renee Gledhill-Early, Director 41�:" Q to /0�3 Division of Cultural Resources el Archives& History Building S ( 01 t fU/�o FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: STUART COOKE / MARITIME PLACE I PROJECT LOCATION: EAST 7TH STRET, NEAR INTERSECTION OF SHALLOTTE BLVD., OCEAN ISLE BEACH, BRUNSWICK COUNTY. PROPOSED PROJECT: DEVELOP A 22 LOT SUBDIVISION INCLUDING: ROADS, UTILITIES, SWIMMING POOL AND POOLE HOUSE. Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 29, 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 245. When appropriate, in-depth comments with supporting data is requested. --RECromp &. REPLY NnV 12 2003 This agency has no objection to the project as proposed. Wry OF COASTALMANAGEU SV KThis agency has no comment on the proposed project. RAWIG 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 DATE RECEIVED OCT 20 70�3 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 OCT 1 6 2003 MEMORANDUM RECEIVED TO: Doug Huggett O C T O 6 Z M Major Permits Processing Coordinator J111,OFC0��cM�ANAGEMEN'�- FROM: James E.Rosich,AICP Wilmington District Planner SUBJECT: CAMA Major Permit Application: Stuart Cooke/Maritime Place Town of Ocean Isle Beach,Brunswick County DATE: October 2,2003 Background The applicant proposes to develop a 22-lot single-family residential subdivision in the Town of Ocean Isle Beach. The 4.41-acre parcel is located at the northeastern end of town,and fronts the Atlantic Intracoastal Waterway(AIWW). The property is accessible via East Seventh Street—near the intersection of East Seventh Street and Shallotte Boulevard. According to the field investigation report,development will impact the Coastal Wetlands and Estuarine Shorelines Areas of Environmental Concern (AECs). A portion of the site is located in High Hazard Flood Area AEC—Flood Insurance Rate Map Zone VE(elevation 16). Adjacent waters are classified SA, and open to shellfishing. The Primary Nursery Area(PNA)designation does not apply. Consistency Determination The proposed development has been reviewed for consistency with the Town of Ocean Isle Beach 1997 CAMA Land Use Plan Update. The proposed project appears to be consistent with the land use plan provided all local, state and federal regulations are met. Local regulations may include standards for development intensity and minimum lot size. Land Classification The land classification for this project is Conservation. According to the land use plan,any use permitted in the Limited Transition Classification[is allowed]provided the zoning ordinance and other Town regulations are met, and all applicable permit standards are met. Single-family residences are permitted in the Limited Transition(and Conservation)land classification. The land use plan states: Depending upon location,public water supply is generally available- otherwise a private well or private water system will be used. Wastewater disposal will be through the Town system,private collection and treatment systems, or individual septic tanks. The maximum allowable density for single-family development is 6.0 units per acre. The minimum size for individual(i.e. single-family)lots is 5,000 square feet. According to the permit application,the subdivision will be developed at a density of 4.99 units per acre. The average lot size will be approximately 5,458 square feet(see pages 7-5 and 7-6 of the land use plan). s Land Use Plan Policies Policy 6.3.2.1 —Estuarine System Protection of environmentally sensitive as well as vitally important public resources is a strong ongoing concern of the Town of Ocean Isle Beach. Ocean Isle Beach shall continue to give priority to those uses which are compatible with appropriate management of the Estuarine System. It is the intent of the Town to safeguard and perpetuate the system's biological, social, economic and aesthetic values and to ensure that any development occurring with the system is compatible so as to minimize the likelihood of significant loss of private property and public resources. Policy 6.3.2.2—Ocean Hazard Areas Generally, all land uses in the areas classified under the "Ocean Hazards" category, i.e., Ocean Erodible, High Hazard Flood, and Inlet Hazard Areas, shall be consistent with the requirements of existing state,federal, and local regulations, and the Ocean Isle Beach Zoning Ordinance, Subdivision Regulations, Dune Maintenance and Protection Plan, and the Town's requirements for the National Flood Insurance Program and the Town's and CAMA building.setback lines. • Allowable land uses shall generally be designed and constructed so as to maximize structural protection from wind and water and to minimize damage to the protective land forms of dunes and beaches. cc: Charles S. Jones Jim Gregson Mike Christenbury Daisy Ivey,Ocean Isle Beach File W fi'TFi9O Michael F. Easley,Governor t William G.Ross Jr.,Secretary y North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E.,Director Division of Water Quality Coleen H.Sullins,Deputy Director Division of Water Quality September 5,2003 Mr. Stuart Cooke 1 Causewav Drive Ocean Isle Beach, NC 28469 Subject: Permit No. SW8 030731 Maritime Place Low Density Subdivision with a Curb Outlet System Stormwater Permit Brunswick County Dear Mr. Cooke: The Wilmington Regional Office received a complete Stormwater Management Permit Application for Maritime Place on July 30, 2003. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW8 030731, dated September 5, 2003, for the construction of the project. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein, and does not supercede any other agency permit that may be required. If any parts, requirements, or limitations contained in this permit are unacceptable,you have the right to request an adjudicatory hearing upon written request within thirty(30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh,NC 27611-7447. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact either Laurie Munn or me at(910) 395-3900. Sincerely, Rick Shiver Water Quality Regional Supervisor RSS/:Ism S:\WQS\STORMWAT\PERMIT\030731.sept03 cc: Alan Lewis Brunswick County Inspections NCDOT—Division 3, District 3 Jim Gregson, Division of Coastal Management Laurie Munn Wilmington Regional Office Central Files N. C.Division of Water Quality 127 Cardinal Drive Extension (910)395-3900 Customer Service G Wilmington Regional Office Wilmington,NC 28405 (910)350-2004 Fax 1 800 623-7748 NCDENR State Stormwater Management Systems Permit No. SW8 030731 ' r STATE OF NORTH CAROLINA s DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORVIWATER MANAGEMENT PERMIT LOW DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules and Regulations PERMISSION IS HEREBY GRANTED TO Stuart Cooke Maritime Place Brunswick County FOR THE construction, operation and maintenance of a 25% low density subdivision with a curb outlet system in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications, and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. The Permit shall be effective from the date of issuance until rescinded and shall be subject to the following specific conditions and limitations: I. DESIGN STANDARDS 1. The maximum built-upon area per lot is as follows: Lots 1-5 @ 1265 square feet, Lots 6 & 17@ 1285 square feet, Lot 7 @ 1330 square feet, Lot 8 @ 1320 square feet, Lots 9 & 14@ 1315 square feet, Lots 10— 13 @ 1145 square feet, Lot 15 @ 1400 square feet, Lot 16 @ 1420 square feet, Lot 18 @ 1275 square feet, Lots 19 &20 @ 1270 square feet, and Lots 21 &22 @ 1120 square feet, as defined by the stormwater rules, and as indicated in the approved plans. CAMA regulations may reduce the built-upon area for those lots within the AEC. 2. The overall tract built-upon area percentage for the project must be maintained at 25%, per the requirements of Section .1005 of the stormwater rules. 3. This project proposes a curb outlet system. Each designated curb outlet swale or 100' vegetated area shown on the approved plan must be maintained at a minimum of 100' long, maintain 5:1 (H:V) side slopes or flatter, have a longitudinal slope no steeper than 5%, carry the flow from a 10 year storm in a non-erosive manner, maintain a dense vegetated cover, and be located in either a dedicated common area or a recorded drainage easement. 4. No piping shall be allowed except those minimum amounts necessary to direct runoff beneath an impervious surface such as a road or under driveways to provide access to lots. 5. Runoff conveyances other than the curb outlet system swales, such as perimeter ditches, must be vegetated with side slopes no steeper than 3:1 (H:V). 2 State Stormwater Management Systems Permit No. S��'8 030731 IL SCHEDULE OF COMPLIANCE l. Curb outlet swales, vegetated areas and other vegetated conveyances shall be constructed in their entirety, vegetated, and be operational for their intended use prior to the construction of any built-upon surface, per the approved plans 2. During construction, erosion shall be kept to a minimum and any eroded areas of the swales or other vegetated conveyances will be repaired immediately. 3. The permittee shall at all times provide the operation and maintenance necessary to operate the permitted stormwater management systems at optimum efficiency to include: a. Inspections. b. Sediment removal. C. Mowing, and revegetating of the side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans and specifications. f. Cleaning and repair of catch basin grates, flumes, piping, and the flow spreader mechanism. 4. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans , including,but not limited to, those listed below: a. Any revision to the approved plans, regardless of size. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built-upon area or to the drainage `area. e. Further subdivision, acquisition or sale of the project area. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval was sought. f. Filling in, piping, or altering any vegetative conveyance shown on the approved plan. 5. The Director may determine that other revisions to the project should require a modification to the permit. 6. The permittee is responsible for verifying that the proposed built-upon area;does not exceed the allowable built-upon area. Once the lot transfer is complete, the built-upon area may not be revised without approval from the Division of Water Quality, and responsibility for meeting the built-upon area limit is transferred to the individual property owner. 7. The permittee must certify in writing that the project's stormwater controls, and impervious surfaces have been constructed within substantial intent of the approved plans and specifications. Any deviation from the approved plans must be noted on the Certification. The permittee shall submit the Certification to the Division within 30 days of completion of the project. S. The permittee shall submit all information requested by the Director or his representative within the time frame specified in the written information request. 9. Each lot in the subdivision covered by this permit will maintain a minimum 30 foot wide vegetative buffer between all impervious areas and surface waters. 10. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. 3 State Stormwater Management Systems Permit No. SWS 030731 11. Deed restrictions are incorporated into this permit by reference and must be recorded with � the Office of the Register of Deeds prior to the sale of any lot. ' 12. The permittee shall submit a copy of the recorded deed restrictions within 30 days of the date of recording. 13. Recorded deed restrictions must include, at a minimum, the following statements related to stormwater management: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number 030731, as issued by the Division of Water Quality under NCAC 2H.1000. b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. C. These covenants are to run with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. f. 'The maximum built-upon area per lot is as follows: Lots 1-5 @ 1265 square feet, Lots 6 & 17@ 1285 square feet, Lot 7 @ 1330 square feet, Lot 8 @ 1320 square feet, Lots 9 & 14@ 1315 square feet, Lots 10— 13 @ 1145 square feet, Lot 15 @ 1400 square feet, Lot 16 @ 1420 square feet, Lot 18 @ 1275 square feet, Lots 19 & 20 @ 1270 square feet, and Lots 21 & 22 @ 1120 square feet. This allotted amount includes any built-upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina, driveways, and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. Cr. Filling in, piping or altering any 3:1 vegetated conveyances (ditches, swales, etc.) associated with the development except for average driveway crossings, is prohibited by any persons. h. Lots within CAMA's Area of Environmental Concern may have the permitted built-upon area reduced due to CAMA jurisdiction within the AEC. i. Filling in,piping or altering any designated 5:1 curb outlet swale or vegetated area associated with the development is prohibited by any persons. j. A 30'vegetated buffer must be maintained between all built-upon area and the Mean High Water line of surface waters. k. All roof drains shall terminate at least 30' from the Mean High Water mark. 1. This project proposes a curb outlet system. Each designated curb outlet swale or 100' vegetated area shown on the approved plan must be maintained at a minimum of 100' long, maintain 5:1 (H:V) side slopes or flatter, have a longitudinal slope no steeper than 5%, carry the flow from a 10 year storm in a non-erosive manner, maintain a dense vegetated cover, and be located in either a dedicated common area or a recorded drainage easement. 14. All roof drains must terminate at least 30' from the Mean High Water mark. 4 State Stormwater Management Systems Permit No. SW8 0307.11 Prior to transfer of ownership, the swales must be inspected and determined to be in compliance with the permit. Any deficiencies will be repaired or replaced prior to the transfer. 16. All curb outlet swales and 100' vegetated areas must be located in recorded drainage easements or dedicated common areas. The final plats for the project will be recorded showing all such required easements and common areas, in accordance with the approved plans. III. GENERAL CONDITIONS 1. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division of Water Quality, in accordance with North Carolina General Statutes 143-215.6A to 143-215.6C. 2. The permit issued shall continue in force and effect until revoked or terminated. 3. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance, or termination does not stay any permit condition. 4. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws,rules, and regulations contained in Title 15A of the North Carolina Administrative Code, Subchapter 2H.1000; and North Carolina General Statute 143-215.1 et. al. 5. The permit is not transferable to any person or entity except after notice to and approval by the Director. The Director may require modification or revocation and reissuance of the permit to change the name and incorporate such other requirements as may be necessary. A formal permit request must be submitted to the Division of Water Quality accompanied by the appropriate fee, documentation from both parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits, and may or may not be approved. The permittee is responsible for compliance with the terms and conditions of this permit until the Division approves the permit transfer. 6. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state and federal) which have jurisdiction. If any of those permits result in revisions to the plans, a permit modification must be submitted. 7. The permittee grants permission to DENR Staff to enter the property during business hours for the purposes of inspecting the stormwater control system and its components. 8. The permittee shall notify the Division of Water Quality of any name, ownership or mailing address changes within 30 days. 9. Approved plans and specifications for projects covered by this permit are incorporated by reference and are enforceable parts of the permit. Permit issued this the 5th day of September, 2003. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION ------------- ---- -A- -�--�- --= `�cl Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW8 030731 5 East Coast Engineering Company, P.A. '4918 Main Street Fax: 910.754.8049 Consulting Engineers Post Office Box 2469 Office: 910.754.8029 Shallotte,NC 28459 July 31, 2003 Ms. Caroline Bellis Division of Coastal Management NC Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington,North Carolina 28405-3845 Subject: Maritime Place Subdivision Ocean Isle Beach,NC Major CAMA Permit Application Submittal Dear Ms. Bellis: As stated in our letter dated July 18, 2003, enclosed is a copy of the notarized statement which we recei-ved today from Mr. Jennings, authorizing our client, Mr. Cooke, to apply for state and local permits. Should you have any question or require any additional information, please contact our office at your convenience. Sincerely, Alan , Vice-President Projec Manager Enclosures Copy: Mr. Stuart Cooke w/Enclosures File: 93-0537 (Maritime Place Subdivision) (� 1 ( ` 2 "'A COASTAL vAi` ;+ ;VMENT East Coast Engineering Company, P.A. 4918 Main Street Fax: 910.754.8049 Consulting Engineers Post Office Box 2469 Office: 910.754.8029 Shallotte,NC 28459 July 18, 2003 Ms. Caroline Bellis Division of Coastal Management NC Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington,North Carolina 28405-3845 Subject: Maritime Place Subdivision Ocean Isle Beach,NC Major CAMA Permit Application Submittal Dear Ms. Bellis: On behalf of Mr. Stuart Cooke, enclosed is a submittal package for the proposed Maritime Place Subdivision located in Ocean Isle Beach, NC. This subdivision will be a 22 lot single-family residential development. The enclosed submittal package includes two copies of the following: 1. A Project Narrative for the proposed subdivision. 2. A completed and executed major CAMA application(Form DCM-MP-1). 3. A completed and executed Upland Development application(Form DCM-MP-3). 4. A copy of the deed for the property (Book 1242 Page 1134) showing that the current property owner is Mr. Richard Jennings. Mr. Cooke is currently under contract to purchase the subject property from Mr. Jennings. A copy of the notarized statement from Mr.Jennings authorizing Mr. Cooke to apply for state and local permits will be forwarded to your office upon our receipt from Mr.Jennings. 5. A notarized statement from Mr. Cooke authorizing East Coast Engineering Company, PA to act as his agent. 6. Two sets of our design plans, sheets 1, 2, 3 & 5 on I I"by 17" sheets. 7. Two sets of our design plans, sheets 1, 2, 3 & 5 on 24"x 36" sheets. 8. A copy of the letter notifying the adjacent riparian property owner of the proposed development (Mr. Odell Williamson owns both adjacent properties). The statement verifying the receipt of this letter will be forwarded to your office upon our receipt from Mr. Williamson. r Ms. Bellis Page Two Maritime Place Subdivision July 18, 2003 Ocean Isle Beach,NC 9. A check in the amount of$250 to cover the required application fee for a Major Permit for private, non-commercial development that does not involve the filling or excavation of wetlands or open-water areas. Please be aware that we are making separate submittals today to Mr. Daniel Sams, P.E for approval of the project Sedimentation and Erosion Control Plan and to Ms. Linda Lewis for approval of the project "Low Density" Stormwater Plan. We will soon be making other submittals to both the Town of Ocean Isle Beach and to the NCDENR for extensions of the Town's public water distribution system and the public sewer collection system as necessary to serve this project. Please also be aware that both the Town Planning Board and the Town Council have approved the Preliminary Subdivision Plat for this project. We are coordinating our efforts with Mr. Brian Sasser, Town Planning Director, Mr. Larry Sellers, Town Utilities Director and Ms. Daisy Ivey, Town Administrator. Should you have any question or require any additional information, please contact our office at your convenience. Sincerely, Al 2ewi Vice-President Project Manager Enclosures Copy: Mr. Stuart Cooke w/Enclosures t File: 93-0537 (Maritime Place Subdivision) East Coast Engineering Company, P.A. 4918 Main Street Fax: 910.754.8049 Consulting Engineers Post Office Box 2469 Office: 910.754.8029 Shallotte,NC 28459 Hand Delivered July 18, 2003 Odell Williamson Ocean Isle Causeway Ocean Isle Beach,NC 28469 Re: Mr. Stuart Cooke CAMA Major Permit Application Maritime Place Subdivision Dear Mr. Williamson: Our firm has been retained to apply for a Major CAMA permit for the proposed Maritime Place Subdivision with the North Carolina Division of Coastal Management. The Division of Coastal Management (DCM) requires that all adjacent riparian landowners be notified of this permit request. Enclosed is a copy of the permit application for the proposed project, and a drawing showing the proposed development. If you have any questions regarding the enclosed information, please contact our office. Any comments regarding the proposed project should be directed to Caroline Bellis with the DCM at the address shown below. The DCM allows 30 days from the certified receipt of the enclosed package to allow the adjacent landowner to submit comments on the proposed development. If the DCM has not received any comments within 30 days, this will be interpreted that there are no objections to the proposed development. Caroline Bellis NCDENR Division of Coastal Management 127 Cardinal Drive Extension Wilmington,NC 28405-3845 (910) 395-3900 Sincerely, Ala ewi ,Vice-President Project Manager Enclosures: Site Plan Application Forms CC: File 03-0537 (Maritime Place Subdivision) Development Type FEE DCM% (143001601 435100093 1625 6253) DWQ% f24300 1602 435100095 23411 I. Private,non-commercal development that does not involve the filling or excavation of any S250 100%(S250) wetlands or open water areas: 0%(SO) 11. Public or commercial development that does not involve the filling or excavation of any wetlands or open S400 100%($400) water areas: 0%(SO) III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas,determine if A,S.C.or D below applies: Iil(A� For Private,non-commercial development,If General water Quality Certification No.3301(see attached) S250 100%(S250) can be appred 0%(SO)' 111(BX For public or commercial development,if General water Quality Certification No.3301(see attached) S400 100°io'(S400) can be applied: 0%(SO) lll(C� If General Water Qualdy Certification No.3301(see attached) could be applied,but DCM staff determined that additional review and written DWQ concurrence is needed 5400 60%(5240) 40%(S160) because of concerns related to water quality or aquatic life III(D). If General Water Quality Certification No.3301(see attached) S400 can not be applied: 60%(S240) 40%(S160) IV. For development tat involves ' s the filling and/or excavation of more than one acre of wetlands and/or 5475 60-MB5) open water areas 40%(S190) - "� Cook-+) A, ..... . ... C as �.:. w . 4 e�� 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 September 30, 2003 FAX: 910-754-5407 2 Pages Brunswick Beacon Ms. Carolyn Sweatt Legal Advertisement Section Post Office Box 2558 Shallotte, North Carolina 28459 Re: Public Notice - Stuart Cooke/Maritime Place Dear Ms. Sweatt: Please publish the attached Notice in the Thursday, October 9, 2003, issue. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Chris Pope, Division of Coastal Management, 1638 Mail Service Center, Raleigh, North Carolina 27699-1638. Please also send a copy of the affidavit to DCM, 127 Cardinal Drive Extension, Wilmington, NC 28405. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. Sinc ely, Linda Painter Coastal Management Secretary Enclosure cc: Doug Huggett Jaye Poole File Copy 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-395-3900\Fax: 910-350-2004 \Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper a 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 July 30, 2003. According to said application, Stuart Cooke/Maritime Place at East 7th Street, near intersection of Shallotte Boulevard, Ocean Isle Beach, Brunswick County, proposes to develop a 22 lot subdivision including: roads, utilities, swimming pool and pool house. A copy of the entire application may be examined or copied at the office of Environment and Natural Resources, 127 Cardinal Drive Extension, Wilmington, North Carolina 28405, (910/395-3900) 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 October 30, 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. e Ga 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 September 30, 2003 Elizabeth M.Nelson East Coast Engineering, P.A. 4918 Main Street Shallotte,North Carolina 28459 Dear Ms.Nelson: The Division of Coastal Management hereby acknowledges receipt of your application, acting as agent for Stuart Cooke, for State approval for development of property located at 7th Street off Shallotte Boulevard in Ocean Isle Beach, Brunswick County. It was received as complete on July 30, 2003 and appears to be adequate for processing at this time. The projected deadline for making a decision is October 12, 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. If this agency does not render a permit decision within 70 days from July 30, 2003, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discus the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer or consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from North Shore Drive. Some examples would be: Nailing the notice card to a telephone pole or stake along the road right- of-way fronting your property. Failure to post this notice could result in an incomplete application. 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. Si cerely a es H. Gregson is rict Manager cc: Doug Huggett,DCM Charles Jones, DCM Caroline Bellis,DCM Justin Whiteside(LPO) Henry Wicker, COE 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-395-3900\Fax: 910-350-2004\Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper ro i 1 (0$ ] lJ 1 1 AMA PE MIT APPLIE13 FOR PROJEC ,A %"Ilk ev - 'To clev %ff W 2Z 10* S%0ftCllVfAS&Qn c e IVJ. COMMENTS ACCEPTED THROUGH Oc-ia�ec 3-0 , 29,0 APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: 5-t u*,,r i C'ooke J so" Gve4%van I c-a u sp Lon.lk a AD .ve qv) cpl ..# s6le-11 Z1-q -_ 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 November 4, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED DON L RIGGINS 702 WINDING BROOK ROAD MONROE NC 28112 Dear Mr. Riggins: This is in response to your October 28, 2003 letter, that was received in this office on October 30, 2003, concerning the Coastal Area Management Act (CAMA) Major Development Permit application submitted by Stuart Cook seeking authorization to develop Maritime Place Subdivision in Ocean Isle Beach in Brunswick County, North Carolina. The Division appreciates your concerns about the proposed project, and we have looked very closely at the issues raised in your letter. The Coastal Area Management Act permit review process involves a coordinated state and federal review of each permit application, with all review agency comments considered by the Division before final action is taken on a permit application. In this case, no significant resource concerns or objections were expressed by these review agencies. Based on this, the Division has determined that the proposed project is consistent with the Rules of the Coastal Resources Commission, as well as those of other State regulatory agencies. Consequently, the Division has issued a permit for the proposed activity on November 4, 2003, and a copy is being provided to you for your information. If you wish to object to the issuance of the permit, you may request an appeal of this decision within twenty (20) days of the permit decision. §113A-121.1(b). If you would like copies of the appropriate appeal forms or should you like to discuss the specifics of the process, please contact me by telephone at (919) 733-2293, extension 240, or by email at Jeff.Schaffer@ncmail.net. Sincerely, Jeff Schaffer Assistant Major Permits/Consistency Coordinator cc: Jim Gregson —DCM, Wilmington DCM, Morehead City 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 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DE0,1ERY ■ Complete items 1,2,and 3.Also complete A. Sign ure item 4 if Restricted Delivery is desired. Agent ■ Print your name and address on the reverse X _ :;� ❑Addressee so that we can return the card to you. B, eceive by ted Name) Date of Delivery ■ Attach this card to the back of the mailpiece, S or on the front if space permits. 1 D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: S.Coolte l Sa-0 3 �.S) If YES,enter delivery address below: ❑No Nc ��,�s QE�Mcnao'e i NC 3,gi t 2k 3. Type Zeified Mail ❑E ress /wh; ❑ Registered ❑ Retu ece ndise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number I I O (transfer from service label) PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1540 ra a IICEAN ISLE BErtCN NC. 2840 m n Postage $ so. 6•),0 p459 Ln Er i11 m Certified Fee Postmark a-. —��,t•• Here Return Receipt Fee fU (Endorsement Required) i1 l 0 p p Restricted Delivery red) p (Endorsement Required) � �4' J Total Postage S Feas p Er,sent To rr'' \\ ll' Street,Ap t No.; p or PO Box No. i � L p e.t city, j :14 RECEIVED AU 2 8 2003 SON O�° c N� BY: \ G0 Psi P OFFER TO PURCHASE & CONTRACT STUART F. COQKE as Buyer, hereby offers to purchase and RIMAARD W. JENNINGS-TRUSTEE JENNINGS LIVING TRUST dated 7/21/98 ,as Seiler, upon acceptance of said offer,agrees to sell and convey,all of that plot,piece or parcel of land described below(hereafter referred to as the"Property"), upon the following terms and conditions: 1, REAL PROPERTY: Located ir.the City of OC..,AN ISLE BEACH County of HRUNswIGK , State of North Carolina, being known as and more particularly described as: Stint Address 6.08+/- ACMES - EAST END OF OCZM Zip 28469 Subdivision Name N/A Plat Reference: Lot WA Block or Section BEE ATTACKEn EXHIBIT A as shown on Plat Hook or Slide N/A at Page('s)N/A NOTE: Prior to Signing this Vacant Lot Offer to Purchase and Contract, Buyer is advised to review Restrictive Covenants, if any, which may limit the use of the Property, and to react the Declaration of Restrictive Covenants, ay-Laws, Articles of Incorporation, Rules and Regulations,and other governing documents of the owners`association and/or the subdivision,if applicable. 2. PURCHASE PRICE: The purchase price is S _ _ 00( see Exhibit B attache a shall be paid as follows: EARLIEST MONEY DEPOSIT with this offer by a cash ❑ personal check a bank check cerd6ed check ❑ other. RELE]1 ED To SELLER =t'+wbich time It will be credited to Buyer, or until this contract is otherwise terminated_ Trt 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 Buyers 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 snail be forfeited upon Seller's request,but receipt of such forfeited earnest monies shah not affbct 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 requited by state law to retain said earnest money in the broker's trust or escrow account until a written release ftm the parties consenting to its disposition has been obtained or until disbur+ement is ordered by a court of competent jurisdiction. fbi S `1 VW r a-nntTrnVnr WA4?%JRVT+L+Fi%] *rtiOorterr+x►tx xtttx►K tWrW:;ases;*un 1#ftx,kuau N/A TTN E BEING OF THE ESSENCE WITH REGARD TO SAID DATE. (c)$ N/A, BY ASSL'NUMON of the unpaid principal balance and all obligations of Seller on the existing loan(s)secwed by a dead of[fast on the Property in accordance with the attached Loan Assumption Addendum. (d)S N/A BY SELLER FMANCING in accordance with the artached Seiler Financing,addendum. (e) S- BALANCE of the purchase price in cash az Closing. 3- CONDITIONS: ('State N/A in each blank that is not a condition to this contract) (a)Buyer must be able to obtain a ❑ FHA ❑ VA(attach M-WVA Financing Addendum) ❑ Conventonal 0 Other:N/A lotus at a ❑ Fixed Rate Q Adjustable Rate in the principal amount of N/A (plus any financed VA Funding Fee or FKA MP)for a term of N/A year(s),at an initial interest rate not to exceed K/A %per annum,with mortgage loan discount points not to exceed N/A "/a of the loan amount.Buyer snali apply for said loan within N/A days of the Effective Date of this contract.Buyer shall use Buyers best efforts to secure the lender's customary(cart commitment letter on or before N/A and to satisfy all terms and conditions of the loan cntnrrtitrnent'enter by Closing.Alter the above letter date, Seller may request in writing - Page Iof4 TjNJ 0NISION OF ENS CO p'sl A,U M A i , .•. a ter.. ... _ ' ,rc Received Aug-25-03 01 : 17pm from 9105799353 � EAST COAST ENGINEERI page 3 49,125112003 13,27 FAX 9105799353 COOKE REALTORS 203 froln Buve a�oCV of�e loan gv mipner�t luttcl. If$uver t' '1 to provide Sell r a conv of the loan cntrmnitmem letter nr q wr4ttpn waiver of tuts pan con mon wi hve ays o receipt of Te er's request, Se er may temunate this contract by written notice to Buyer az any time thereafter,provided Seller has not then received a copy of the letter or the waiver. (h)There mast be no restriction, easement, zoning or other governmental regulation that would prevent the reasonable use of the Property for A RESI0Z1fTTAL LOT SCtF3>]IVISTON purposes("Intended Ilse'), (c)The Property must be in substantially the same or better condition at Closing as on the date of this offer, reasonable wear and tear excepted. (d)All deeds of trust, liens and other charges against the Property,not assumed by Buyer,must be paid and satisfied by Seller prior to or at Closing such that cancellation may be promptly obtained following Closing. Seller shall remain obligated to obtain any such cancellations following Closing. (e)Title must be delivered at Closing by GENERAL WARRANTY DEED unless otherwise stated herein, and must be fee simple marketable and insurable title,free of all encumbrances except:ad valorem taxes for the current year(prorated through the date of Closing); utility easements and unviolated restrictive covenants that do not materially affect the value of the Property; and such other encumbrances as may be assumed or specifically approved by Buyer.The Property must have legal access to a public right of way. 4. SPECIAL ASSESSMENTS: Seller warrants that there are no pending or confirmed governmental special assessments for sidewalk,paving, wafer, sewer, or other improvements on or adjoining the Property, and no pending or confirmed owners' association special assessments,except as follows:N/A (insert "None" or the identification of such assessments, if any.) Seiler 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'N/A S. PRORAT'IONS AND ADJUSTMENTS: Unless otherwise provided, the following items shall be prorated and either adjusted between the parties or paid at Closing: ('a)Ad valorem taxes on real property shall be prorated on a calendar year basis through the date of Closing;(b)All late listing penalties,if any, shall be paid by Seiler;(c)Rents, if any,for the Property shall be prorated through the date of Closing, (d)Ovaiers' 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 5 N/A per N/A 6. CLOSING EXPENSES: Buyer shall be responsible for all costs with respect to any Joan 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 a deed and all other documents necessary to perform Sellers obligations under this agreement, and for excise tax (revenue stamps) required by law. If Seller is to pay any of Buyer's expenses associated with the purchase of the Property,the amount thereof shall be S N/A ,including any FHANA lender and inspectican costs that Buyer is not permitted to pay,but excluding any portion disapproved by Buyers tender. 7. EVIDENCE OF TITLE: Seller agrees to use his best efforts to deliver to Buyer as soon as reasonably possible after the Effective Dare of this contras,copies of all title information in possession of or available to Seiler, including but not limited to:title insurance policies, attorney's 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 anorney's tIle 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. 8. LABOR AN) MATERIAL; Seller shall famish 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 therefFom. 9. CLOSING: Closing shall be defined as the date: and time of recording of the deed. All parties agree to execute any and all 4AX"WaHts"M NITOMW kT1AZ: enw,iH KXRHW0HXk IV+"MKFIR4 WX#-WBf.—r Xf N"11 AN A%t OWNX i:T-- 4?i' 9AA:; ' at a place designated by Buyer.The deed is to be made to AS PURCHASER REQUIRES 5 TYJVN'EXISTING CONDITION UNLESS PROM ISI ON HS O THEIR ISF MADE IN WRITING, ING, 10.POSSESSION: IJnless otherwise provided herein, possession shall be delivered at Closing. No alterations, excavations, tree removal or other such activities may be done before possession is delivered. (71 I u Page 2 of 4 � w e L v L,;J3 ST a ARD FORM 1 z-T C 7/I002 Buyer initials Seller Initials ' Prmir r+wh.7inFnrmry Vv wF r-Na i I dAh75 gr,i.n Nds Rnar+r.:.�nn T,,..,v,., VAN~4AfC4fi rRt7f5!aA3-av _ 'rA4b3(145.ZF7C n. v , ,. �, j .a.,.... .. �" .., .. .�. �. �1.. a'`*.''�. u7:.. ^ h ,. r �•�. ::t,S.., ,A r'.. y.:�, �lfi;:.-�.a�, r Received Aug-25-03 01 : 17pm from 9105799353 , EAST COAST ENGINEERI page 4 08,25f2003 13,27 FAX 010,5799353 COOKE REALTORS Z04 11.SEWER SYSTEM(check only ONE): ❑'Buyer has investigated the costs and expenses to install the sewer system approved by the Improvement Permit attached hereto as Exhibit A and hereby approves and accepts said improvement Permit. Z) Buyer acknowledges receipt of the Improvement Pern7it attached hereto as Exhibit A. Seller represents that the system has been installed Which representation survives Closing,but makes no farther representations as to its condition- This contract is contingent upon Buyer obtaining an Improvement Permit from the County Health Department ("County") for a (check only ONE) Q conventional or a other N/A ground absorption sewage e�bvtxw fhf,tr—+`;;4; —TiX7itPtlCiii HXFH?l''A11 XHL#N!3itPt X©+(M4iL+Pf�FSl Ttltf�St:ifN§Litlr}S PitFif4i#Y1{6ti Mkt K7tFFTK Kb 12iiL���A4�Rlff AttA?dl9MTt 1�i responsible for clearing that portion of the Property required by the County to perform its tests and/or inspections no later tiian N/A .Buyer shall use Buyer's best efforts to obtain such Permit_If the ground absorption sewage system is not permitted, Buyer may terminate this conetnt and the Earnest Money Deposit shall be refunded to Buyer. Buyer shall have until N/A ,time being of the essence,to provide written notice to Seller that this condition cannot be satisfied,otherwise the condition is deemed satisfied. 12.SOIL, WATER, UTILITIES AND ENVIRONMENTAL CONTINGENCY: This contract is contingent upon Buyer obtaining report(s) that (i) the soil is suitable for Buyer's Intended Use, (ii) utilities and water are available to the Property, (iii) there is no environmental contamination, taw, rule or regulation that prohibits, restricts or limits Buyer's intended Use, and(iv)there is no flood hazard that prohibits, restricts or limits Buyer's Intended ?lse (collectively the "Reports")_ All costs and expenses of obtaining the Reports shall be home by Buyer. Buyer shall use Buyers best efforts to obtain such Reports. If the Reports cannot be obtained,Buyer may terminate this contract and the Earnest Money Deposit shell be retllttded to Buyer, Buyer shall have until 30 DAYS TRON E}IECVTED CONTAhCT,Ante beting of the essence,to provide written notice to Seller that this condition cannot be satisfied,otherwise the condition is deemed satisfied_ 13.RIGHT OF ENTRY, RESTORATION AND INDEMNITY: Buyer and Buyer's agents and contractors shall have the right to enter upon the Property for the purpose of appraising the Property, and performing the tests and inspections permitted in Sections 12 and 13 of this contract. if Buyer terrninues this contract as provided herein, Buyer shall, at Buyer's expense, restore the Property to substantially itN pre-entry condition within thirty days of contract termination. Buyer will indemnify and hold Seller harmless from all loss,damage,claims,suits or costs, which shall arise out of any contract, agreement,or injury to any person or property as a result of any activities of Buyer and Buyers agents and contractors relating to the Property, This indemnity shall survive this contract and any termination hereof. Notwithstanding the foregoing, Seller shall be responsible for any loss, damage, claim, suit or cost arising out of pre-existing conditions of the Property and/or out of Seller's negligence or willful acts or omissions. 14.OTHER PROVISIONS AND CONWTIONS: (ITEMIZE ALL ADDENDA TO THiS CONTRACT AND ATTACH HERETO.) A) BUYER a HELLER ARE BDTH LICENSED NORTH CAROLINA REAL ESTATE BaOIMRS ACTING IN THEIR OWN BEAALr, B) SEE EXHIBIT A (ATTACHED) , C) SEE EXHIBIT B (ATTACHED) . 15,RISK OF LOSS;'The risk of loss or damage by fire or other casualty prior to Closing shall be upon Seller_ I&ASSI�GN11 � .This contact manor be.vsiped wit�iow the written consent of all parties,but if assigned by agreement,then Ns con . s rn ing on a assr ee an is errs an successors. 17,PARTIES; This contract shall be binding upon and shall inure to the henefit of the parties, i.e., Buyer and Seiler 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. 18.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, 19.ENTIRE AGREEMENT: This contract contains the entire agreement of the parties and there are no representations, inducements or other provisions other than those expressed herein. All changes, additions or deletions hereto must be In writing and signed by all parties. Nothing contained herein shall alter any agreement between a REALTOR*or hroker and Seller or Buyer as contained in any listing agreement,buyer agency agreement,or any other agency agreement between them. 1A Page 3of4it a �PSTANDARD FORM 12-T ni\(ISiti GF- iv i C 712(td2 Seller initials �-_'''� � ��NA Buyer Initials - T40630451Fx Wrmi+ron Wim 7Jncnrte`.r.'AF cmmeMd Cmsan Mob iron t'�rvm YnurnV+n nairnil—VftIN4 fAM AR9J MM1 gt1;r. is � .'-. ... .... , r J i Received Aug-25-03 01 : 17pm from 9105799353 -) EAST COAST ENGINEERI page 5 08/25112003 13:27 FAX 9105799353 COOISE REALTORS 205 20.NOTICE AND EXECUTION: Any notice or communication to be given to a party herein may be given to the party or to such parry's agent_This vfFer shall become a binding contract(the"Effective Date")when signed by both Buyer and Seiler and such signing is communicated to the offering party.This contract is executed under seal in signed multiple originals,all of which together constitute one and the sarne instrument, with a signed original being retained by each party and each RFALTQRV 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. TFIE NORTH CAROLINA ASSOCIATION OF REALTORS2,INC.AND THE NORTH CAROLINA BAR ASSOCIATION MAKE NO REPRESENTATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FORM IN ANY SPECIFIC TRANSACTION. IF YOU DO NOT UNDERSTAND THIS FORM OR FEEL THAT IT DOES NOT PROVIDE FOR YOUR LEGAL NEEDS, YOU SHOIJLD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOU SIGN IT. fate:MaLrah 1 3 Date:March 13, 2003 Buy ' (SEAL) Seller ' '` — (SEAL) 3 T COOFZ GS-TRV TZ$ - -LIVING TRUST date 7 1/98 Ihlte: Date: Buyer (SEAL) Seller (SEAL) r ,,V ��MENT C O p,STAL `Ji AN A �x } i h.. Ir ' n .. n J7'{ �9Yr @ I.�fk' Y' � '� � ... ti«.. .. •..,.. ! M, ...! « G t �t r r• ,. +{:.y.,. r. ,'.r�f, ...,+::�.... y.; +:tn=«:.J'n ;'W..�..-'..Bw:•.•$'�, .rf..- t.k,. .k')�..... ^;,(Y 4.t .l nl.r y b•.utY.tWr" . ... ..AN t.;J J... •,• i...4« .. .. 4 ti di �i l 7 GK t Z 4: PG ! l J 8 FILErl FOR RrGi3TRA7104 NTC DEED n.,,- Tlt:t. [Individual to Trusra�11 A1110:53 =JH IIIJTPAFFi•]ILY TRAtJSFER. NO MONETARY COtlSID'cRATIOI:8EG1� rE;t R�;}}. THIS Tk;J.SFER IS BEING N:ADE TO EFFECT ill ESTATE PL;d4.BR1%1Aq � I I SETTLOR ITRUSTGRI OF THE TRUST, TitUSTEE OF THE TRUST, AND PRIMARY BENEFICIARY.] GRANTOR'S I1AME AIID ADDPESS: RICHARD W. JENNINGS 184-1 11. Elm street Greensboro, 11C 27408 GRANTEE'S IIA4E Al1D ADDRESS: RICHARD W. JENNINGS, Trustee ,� tau -'�u�1 ( G►1V 1844 13. Elm Street Ktl Greensboro, NC 2740B i�~WV TO �- PREPARED B'i: RECI-- 1 CK AMT-0 C ri Cheryl K. David CW AEF By re 257 11. Greene Street Greensboro, 2:C 27.101 AFTER RECORDING, RETURN TO: RICHARD W. JEUNINGS, Trustee P. O. Box 1309: Greensboro, NC 27415-3091 UNTIL A CHANGE IS REQUESTED, ALL TAX. STATEMEN S HALL BE 1 TO E FOLLOWING ADDRESS: RICHARD W. JE21t1INGS, Trustee P. O. Box 13091 ^� Greensboro, NC =7415-2091 �) DEED KNOW ALL PERSONS BY THEE E P SE? S, hat C D W. JENNINGS of Greensboro, Gu--Iford Count • IJ th ro ra, here called the Grantor, in con=ideration of the Jenn g La ang T st, dated July 21, 1998, does hereby grant, bargain, convey, nd rans r u o RICHARD N. JENNINGS, Trustee, under the Jennings Living Tr st, date Ju 2 1998. herein called the Grantee, and unto Grantee's succe or and igns al of that certain real property with the tenements, here to nt- a appu a nces thereunto belonging or :n any way appertaining, sit to n runswick ounty, State of North Carolina, described as follows, wit- BEGINI 1G at a o nt n e center of Old Sound Creek; said point bean to to he of wan courses and distances from the int se tion o the nor n line of Third Street with the cen er ne of Sh to to Boulevard. (Third Street being 60 feet in wid a d Shallot a oulevard being 100 ft. for the purpose of this desc ip on); th c from said point of intersection 110 Deg. 05 Min 204 .44 eet a point in the centerline of Shallotte B:ulevard wh e e no er lina of Seventh Street intersections same: en t De 6 Min E 237.35 feet with the northern line of s d reet o an iron pipe; thence 110 Deg- 05 Min E 650 feet to of of beginning: thence from said beginning NO deg. 05 Min E 225 feet re or less :o the edge of the Intercoastal waterway: e in n easterly direction with said waterway to the western 'ine o tract belonging to Richard W. Jennings extended to said >, terway; thence with :he extension of his line in a southerly di ction to a point is the center of Old Sound Creel. thence with h center of Old Sound Creel: in a westerly direction to the point o beginning. The property hereinabove described was acquired by Grantor by instrument recorded in gook 220. Page 569, Brunswici. County Registry, and this conveyance is made subject to those restrictions set forth in said instrument. To Have and to Hold th-.- same unto the Grantee and Grantee's successors and assigns forever, in fee simple, subject to Restrictive Covenants of Record, easements of record, and all liens and records of encumbrance. The true and actual consideration paid for this transfer .^.tated in terms of dollars is 5 1:01IE. This geed is executed pursuant to the Jennings Living Trust, dated July 21, 1998, between RICHARD W. JENNINGS, Trustor, and RICHARD W. JENNINGS, Trustee. fl— � S BX1242PG1139 In cor.strUlr:q t h1s diced and where the context so requires, the singuIar 1rICludeS tll,• plur,,l and a_! gratraatical changes shall be implied to makv the pro•;1C1,:4s I.vreof apply equally to corporations and to individuals_ The liability and obligations of the Grantor to Grantee and Grantee's successors and assigns under the warranties end covenants contained herein or pro-:ided by law shall be _lmited to the extent -of coverage that would be available to Grantor under a standard policy of title insurance. The 11mlt.,clons ec:ltained herein expressly do not relieve Grantor of any liability or coligaticns under this instrument but merely dcflna the scope, naturr, and amour:t of sLCn 11ab111ty c,r obligations. (THIS IIISTRUMEI:T ;,.II.L NOT ALLOW UZZ OF TILE PROPERTY DESCRIBED I1: Tills 111STFUMEIIT III !IOLnTIOII OF APPLICABLE UJILUS E LNVIS NID REGULATIONS. ---FORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSOIt ACr_�UIRIIIG FEE TITI.E HE PROPEPTY SHCULL CHECK WITS THE APPI.OPRIATE CITY OR COUNTY PI.-Ad MING Dr. - T 'I1T TO VERIFYAPPRoVEL USES AI:D TO DETERI!I)IE ;dIY LIMITS Oil I.AWISUITS AGAINS FAR. NG OR FOREST PRACTICES :S JEL'INED UNDER STATE LAM'.) I11 Tt1E55 KtIEREOF, he rantor has e::ecuted this instr men -his day of %.A.1 1 . ��=•!-ice. RICHr,RD I... J ^1411IG5, 1: t t t2 ST;,TE of IIOPTtt CAROLINA -17 T.•�s. County of GUIFOR.D 1 �� n n On this Z / day of per on ly ppeared before me the above RICHAr-.D W;: JE1111IIluS, pe• c lly }:no t me r prGued to me on the basis of satisfactory evidence to be he person w os name 1s subscribed to the within instrument 4nd acknowle th t h she ex cu a the same, Witness my hand and seal t s 1 / 22nd of July, 1998. / '` / _ 113 y UBLIC My Commission expiresL- 770 "C— C-- O J 1J STATE N A 1.1N COUNTY F I1 ' YIC T h orcgoiag )ran icc atc(s)of Q LA_ a- u n ol:r ics) hlic is Ceaified to he Correct. n �S� Inst me was filed for Registration on this l Day of VLL.L .1998, in t Min -nd -gc shown sin the First Page hereof. 8�tw'e ROIIER J.RORL SONj Register of Are N1ATI1,i. 242PG1134 Tom- FILED F(M F-:GIaTR�ffi DEED h!'� Tli't [Individual to Trustee] Or 17 AM 10: 53 IINTP.AFAMIL'i TRANSFER. 1:0 MONETARY CONSIDERATIOU. 110 TITLE sa&VSIEi:ttHREDS TRAVSFER IS BEIIJG MFL•E TO EFFECT All ESTATE PLAN. GRAIITOR IS B�Ir3)UICK(`iMtYj.KC. OF THE TRUST, TRUSTEE OF THE TRUST, AI:D PRIMARY BENEFICIARY".] GRANTOR'S I1AME AND ADDRESS: RICHA.RD W. JENIJINGS 1844 11. Elm Street Greensboro, 1IC 21408 GRANTEE'S NAME AND ADDRESS: RICHARD W. JENNINGS, Trustee 1844 11. Elm Street ,�JI r LR`r Greensboro, NC 7409 UT Rctl(1.11.'—Jen I,PREPA L TOTAL 14-Do REV TC D Cheryl K BDavid REC# [ CKAtd:22!CKe 'T5_ 257 N. Greene Street CASH REF BY Greensboro, 1Jt' 27401 AFTER RECORDING, P.ETURN TO: R1CYARD W. J£1IIJIIJGS, Trustee P. 0. Box. 13091 Greensboro, 1IC 27415 UNTIL A CHAIIGE IS REQUESTED, ALL TAX STATEMENT S LL BE S IT O T FOLLOWING ADDRESS: RIC:HARD W. JENNINGS, Trustee 11. 0. Box 13091 Greensboro, IIC 27415 r� ti�J • DEE h7JOW ALL PERSONS BY THES RE 1J at RIC D W. JENNINGS of y o Greensboro, Guilford Countr Ca ol* a, herein called the Grantor, in consideration of the Jenn gs iVi Tr st, dated July 21, 1999, does hereby grant, bargain, conve}, d ransfe unt RICHARD W. JEt111I1IG5, Trustee, under the Jennings Living Tr t, ate my 1, 98, herein called the Grantee, and unto Grantee's succes or and ss ns, s e-half undivided interest in all of that certain real o_oe t wi the to ments, hereditaments, and appurtenances thereunto el ng 9 or in any way appertaining, situated in Brunswick County to IJo h Carolina, described as follows, to wit: See a to hed Exhi it A a B which are incorporated herein by refe -nc as if fu ly set forth. p pe y desc b in the above-referenced Exhibit A was ac it by or y instrument recorded in Boot: 210, page 816: e op ty descr ed an the above-referenced Exhibit S was a ui d b r by instrument recorded in Book 220, page 570, ru wi • County Registry. To to Hold the same unto tLe Grantee and Grantee's successors an as gns forever an fee simple, sub)ect to Restrictive Covenants of Record, ase ent of re=ord, and all liens and records of encumbrance T rue and actual consideration paid for this transfer stated in terms f liars 1s $ NONE. This deed is executed pursuant to the Jennings Living us , dated July 21, 1998, between RICHARD 11. JEJJNIIJGS, Trustor; and RICHAPD J 1411I11GS, Trustee. In construing this deed and where the context so requires, the singular ncludes the plural and all grammatical changes shall be implied to make the provisions hereof apply equally to corporations and to individuals. The liability and obligations of the Grantor to Granter and Grantee's successors and assigns under the warianties and covenants contained herein or provided by law shall be limited to the extent of coverage that would be available to Grantor under a standard policy of title insurance. The limitations contained herein expressly do not relieve Grantor of any liability or obligations under this instrument but merely define the scope, nature, and amount of such liability or obligations. j r c9 -'Ia4�(LIF ,Dom ICr F�{ 12�F2PGll35 (THIS INSTRUMENT WILL HOT ALLOW USE OF THE PROPERTY DESCRIBED III THIS IIISTRUI.IENT I': V.OLATi0:1 OF APPLICABLE LAIID USE L,I':S AND REGULATIONS. 5EF0?E SIGIIIIIG OR A�CEPTIIIG THIS INSTRU1•IEt1T, THE PERSOtt ACQUIRIIIG FEE TITLE TO THE PROPERTY SHO'IL✓ CHECK WITH THE APPROPRIATE CITY OR COUNTY PLFSIIIIIIG DEi'A?TMEtIT TO VERIFY APzROVED USES AND TO DETERMINE NZY LIMITS 0:I LASiSUITS AGAINST FARMIIIG OR FOREST PRiiCTIC S AS I•EFINED UNDER STAT£ LAY:.] ;U ?;3T11ESS c:)IE?EOF, thet GGrantor has er:acuted this instrument this 4— day o! /j ArC)IARL 14 .T'Et1t1ItIGS, Grantor STATE of 110"n 1 H CAPCLI1::, ) ss. County of GUILFORD 1 On Lh2:: �_ day of Lf, / 19 /_ personal a;�prared before me the above RICHARD W. aEt:IIItIG personally known to cr ved to on the basis of satisfactory evidence to be the person whose me as s crabe� to the within instrument and acknowledged that-)e/she executed th e. Witness my hand and seal this / � �•/ 22nd of July, 1998. �' ��• NbTARY PUB My C01+ 11 55I Ori expires �7 i.C l .... STATE OF NORTH CAROLINA COUNTY OF BRUNSW ICK The Foregoing(oranncxcd)Curl i ficatc(s)of S�. Notary(ics)Public is(arc)Ceti ific o he orre This Instrument was filed for Registry•1n o is 1 L ay of _'� .1998, in the(look and Page shnN'n on the Firs age cuf. 110HEK .I.ROBEISON,Rcgistcrnf Deeds 's ag 3 ta7srda� � i uno3 xatnsunsg aqi 3 LB9 a d x u[ paploaaj uoiinjosaH jeul j 1e ja (! 01 1:aCgns aie Xiiadoad VuTovaio3 aqj 3o suorl d a:S ng •r. lou 3T •�ISa±Sa; r lam- _cY ai:g y:uanaS o] 9aanaa?a2 - - a2an a=ry vyi s• 9u;a xaaz0 Dunc Pi i,S� aG] :9uTuu;'bq -o a 'od p I t a- i OOE is anua333? v :9va �• 'uT= L7 'a ap TH ;:10•1 •1aa_ S y1sa�.a ;o ,;�c u.aq]:ou ay: y::n as_ay1 :papua:x 1T alan 'S .Tan S '_ Pu •Yo•; ^3oT uaon:aq Y o a a u2a?:1cu m;: •:aa; COS 30 aauc117? 1 ay CST ']aaa y arras O a y: IaII7STd •uoS»as;p FZaaa9cay:na9 Y c; � r 'palY 9 II .n aauay: •: 0 Sa au sT r asan •n:= L7 'gaP TH y:nc9 �{2t; Sa:r.� naI 7 CO; 32 vau 1 a16 punos PIO Sa •i2 Sa]Cn nor Q p;r y]T t �- a9:noa a=_: T aaur]s Tp • ]o; p c9 uaan]aq au:I uo;s;n,? 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