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HomeMy WebLinkAbout179-03 Gore Sr., Edward M. Permit Class Permit Number NEW 179-03 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Edward M. Gore, Sr., 351 Ocean Ridge Parkway,Sunset Beach,NC 28469 Authorizing development in Brunswick County at adi.m/m canal&Jinks Creek,end of Northshore Dr at 19th St.-NE end of Sunset Beach , as requested in the permittee's application dated 5/13/02, including the attached workplan drawings (5), as stated in Condition 1 of this permit. This permit,issued on December 11,2003 , 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: 1 dated 12/4/03; Sheet 2 of 5 dated revised 9/17/03; Sheet 3 of 5 dated revised 10/31/03; and Sheets 4 and 5 of 5 both dated revised 7/25/02. Bulkhead and Associated Riprap 2) hi accordance with commitments made by the permittee, the permitted bulkhead and associated riprap,shall be aligned landward of the normal high water level and all coastal wetlands as depicted on Sheet 3 of 5 dated revised 10/31/03. 3) The alignment of the permitted bulkhead and associated riprap must be staked by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of any construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, will require the alignment to be restaked by DCM within a maximum of 30 days prior to the new expected start of construction. - - (See attached sheets for Additional.Conditions This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission. date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit must be accessible on-site to Department J� personnel when the project is inspected for compliance. onna D. Moffitt,Director Any maintenance work or project modification not covered Division of Coastal Management hereunder requires further Division approval. All work must cease when the permit expires on This permit and its conditions are hereby accepted. December 31,2006 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 Edward M. Gore, Sr. Permit#179-03 Page 3 of 5 ADDITIONAL CONDITIONS Subdivision Development j 20) This permit authorizes the land disturbing activities associated with establishment of.the subdivision that is 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 or individual or community pier construction, shall be evaluated on a case-by-case basis by a representative of the Division of Coastal Management to determine additional permit requirements. 21) The construction of the access road and utilities shall be done in compliance with all local, state and federal regulations. NOTE: The permittee is advised that-plans and specifications for all water system improvements must be approved by the Division of Environmental Health prior to the award of a. contract or the initiation of construction (as required under 15A NCAC 18C 0.0300 et. seq.). For information, contact the Public Water Supply Section at (919)733-2460. NOTE: The permittee is advised to contact the local.health department regarding requirements for septic tank installations (as required under 15A NCAC 18A.1900 et. seq.). For information concerning septic tank and other on-site waste disposal methods, contact the Brunswick County Health Department. Sedimentation and Erosion Control NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must be filed at least thirty (30) days prior to the beginning of any land,disturbing activity. Submit this plan to the Department of Environment and Natural Resources, Land Quality Section, 127 Cardinal Drive Extension,Wilmington,NC 28405. 22) In order to protect water quality, runoff from construction must not visibly increase the amount of suspended sediments.in adjacent waters.... :. _ _..._._ ... .... . 23) 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.). 24) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion within thirty days of project completion. Stormwater Management 25) The N.C. Division of Water Quality approved this project under stormwater management rules of the Environmental Management Commission under Stormwater Permit No. SW8020521 on 8/9/02. Any violation of the permit approved by the DWQ will be considered a violation of this CAMA permit. Edward M. Gore, Sr. Permit#179-03 Page 5 of 5 ADDITIONAL CONDITIONS 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 U.S. Army Corps of Engineers authorized the proposed project under Nationwide Permit No. 13 and General Permit No. 197800056 (COE Action Id. No. 200100034) which was issued on 11/13/03. 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 December 11, 2003 Mr.Edward M. Gore, Sr. 351 Ocean Ridge Parkway Sunset Beach,NC 28469 Dear Mr. Gore: 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 pen-nit. 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. Sincerely, s�- Douglas V.Huggett Major Permits and Consistency Manager Enclosure 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-22931 FAX: 919-733.14951 Internet: http://dcm2.enr.state,nc.us An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Edward M. Gore, Sr./North Shore Drive 2. LOCATION OF PROJECT SITE:North Shore Drive @ 19th Street, Sunset Beach,Brunswick Co. Photo Index- 2000: 1-5 Grid M-9, 10 1995: 1-5 Grid M-13, 14 State Plane Coordinates-X: 2153800 Y: 45600 Rover File: S090420A 3. INVESTIGATION TYPE: CAMA/Dredge&Fill 4. INVESTIGATIVE PROCEDURE: Dates.of Site Visit-01/16/02, 01/31/02, 06/17/02 and 10/11/02 (Russell) 09/04/03 (Gregson) Was Applicant Present-Agent Was Present on 09/04/03 5. PROCESSING PROCEDURE: Application Received- September 17,2003 Office-Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan-Town of Sunset Beach Land Classification From LUP- Developed (B) AEC(s)Involved: CW,ES (C) Water Dependent:No (D) Intended Use: Residential Subdivision . (E) Wastewater Treatment: Existing-None Planned -Individual Septic Systems (F) Type of Structures: Existing- None Planned - Road Extension,Bulkhead&Rip Rap,Water Line (G) Estimated Rate of Erosion: East end of property has lost approximately 100'from 1984 to 2000 (approx. 6.2 ft./yr.) Source- Aerial Photography 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A)Vegetated Wetlands 1143 sf Coastal (B)Non-Vegetated Wetlands (C)Other Graded 4.09 Acres Hi h ound (D) Total Area Disturbed: 178,073 sq. ft. or 4.09 Acres (E) Primary Nursery Area: No (F) Water Classification: SA HQW Open: Man-made canal(no) Jinks Creek(yes) 8. PROJECT SUMMARY: The applicant is proposing the construction of a 19 lot subdivision at Sunset Beach. A Edward M. Gore-Northshore Drive Page Three At Lots 48 and 49 the applicant is proposing to fill the 404/coastal wetland finger for an area totaling 1,143 sq. ft.. As described above,this area is primarily dominated with high marsh vegetation and is flooded during spring tides through a break in the escarpment or berm along the southern shoreline. The applicant is proposing to mitigate for this wetland impact by the creation of approximately 1,150 sq. ft. of coastal.wetlands on the southeastern shoreline of the property. The mitigation plan is described in detail in the applicants attached Project Narrative. This plan includes the grading of a triangular shaped area along the southeastern point of the property at Lot 43. This area measures approximately 30 feet long by 65 feet wide (at the widest points). The waterward most or lower 20 feet of this area would be graded to create a slope beginning at the 0.0'MSL contour and ending at the +2.5 MSL contour. This area would be planted with Spartina alterniora. The remanding area would be graded from the +2.5 MSL contour to +4.0 at the toe of the proposed bulkhead. This higher area would be planted with Spartina patens. (See attached narrative for specifics on proposed planting regime and monitoring plan.) Waterward of the proposed mitigation area the applicant is proposing to construct a timber breakwater along the existing 0.0' MSL contour. The breakwater would measure approximately 125 feet in length and would be constructed an average of 20 feet waterward of the surveyed mean high water (MHW) line. The finished top elevation of the breakwater would extend no higher than 5 feet above the final project elevation of the mitigation area, or approximately 9 feet above MSL. 10. ANTICIPATED IMPACTS: The initial grading of the property and bulkhead construction would result in the disturbance of approximately 4 acres of highground. The proposed bulkhead construction and backfill at Lots 48 and 49 would result in the filling of approximately 1,143 sq. ft. of mixed Coastal/404 Wetlands. The proposed roadway extension would result in the creation of approximately 9,000 square feet of impervious surface. No impervious surfaces are proposed within the 75'Estuarine Shoreline AEC under this application. The applicant has received a State Stormwater Permit from the Division of Water Quality(Permit No. SW8 020521). This permit, issued under the low density (25%) option, restricts the total maximum built-upon area of Lots 29-36 to 1,625 sq. ft./lot and Lots 37-47 to 2,000 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 Sunset Beach. Submitted by: Jim Gregson `Date: September 19,2003 Office: Wilmington i constructed so that gaps are left between the horizontal boards to allow tidal flow through the structure. The top of the breakwater would not extend more than 5' above the final project elevations of the mitigation area. The area between 0' MSL and the existing +5' MSL contour will be graded to create a very gradual slope, beginning at the 0' MSL elevation and ending at +2.5 MSL (over an approximately 20' distance). The single pocket of existing Spartina alterniora on the northern shoreline is situated between 0' MSL and the 2.5' MSL contour and serves as a reference for this range. Within this portion of the mitigation area, plantings of Spartina alterniflora will be placed on 2' spacings. The other two areas of existing coastal marsh are situated at approximately +4' MSL. Therefore, the area from the existing +5' MSL contour to the existing+ 6.5' MSL (toe of proposed bulkhead) will be graded to begin at +2.5' MSL and end at+4' MSL. Since Spartina patens naturally occurs on the site, from the periodically flooded upper coastal marsh pockets to the upland dunes,.S. patens will be planted in this area. These planting will also be spaced on 2' increments. A time- release fertilizer, such as Osmocote, will be added to all planting holes to encourage root development and growth. Two piezometers or shallow monitoring wells will be placed in the mitigation area to monitor hydrologic success. One shallow well will be placed at the lower end of the tidal range, at the created +2' MSL elevation. The second well will be placed just below the bulkhead, at the created+3.5' elevation. Successful wetland hydrology at the low-marsh will.be defined as flooding which inundates the surface on a semi-diurnal cycle and that can be correlated to a reference hydrograph/tidal chart. Successful wetland hydrology at the upper-marsh will be defined as flooding which inundates the surface at least during spring high tides and that can be correlated to a reference hydrograph/tidal chart. A hydrograph containing three months of continuous water levels will be provided for each monitoring year. Hydrologic success will be three months of hydrographic data that meet. the semidiurnal and spring tidal flooding requirements described above. Hydrology will be monitored for five years or until successful hydrology is found in conjunction with successful vegetation criteria. Vegetation success will be measured once yearly, during the growing season, with a Braun-Blanquet vegetation sampling technique. Vegetation frequency, stem density, and species cover percentage will.be measured within 0.5m2 plots. Four sampling plots will be randomly sampled within .the mitigation area (equivalent to 133 plots/acre). The vegetation will be monitored once a year for five years, or until 70% of the planted seedlings survive for the first and the subsequent growing season. Both planted and volunteer emergent high marsh species will be counted. The final plant dens' R criterion will be the establishment of a 75% plant coverage a � 1S growing season. STORMWATER MEASURES Ot4/151(�l� � NIT project is designed to meet the stormwater low-density �t,, , surface of 25% for the entire site. The lots have deed restrictions lifuig the impervious surface to 1625 square feet for lots 29 through 36, and to 2000 square feet for lots 37 through 47. The runoff will not be channelized on the site and will flow overland Recommendations for. State Permit-Edward M. Gore/Northshore Drive The applicant's proposal to fill 1,143 sq. ft. of coastal/404 wetlands on Lots 28 and 29 is inconsistent with the General Use Standards for costal wetlands at 15A NCAC 0711.0208(a)(1),which states that uses that are not water dependent shall not be permitted in coastal wetlands, estuarine waters, and public trust areas. The development of the lots for residences is not considered a water dependent use. I have spoken briefly with the applicant's consultant,concerning this inconsistency as well as the following alternative(s). Probably the most practical alternative would be to stop the proposed bulkhead at the edge of the wetland finger at Lot 49 and continue the proposed rip rap across and waterward of this feature as a five feet wide rip rap sill. This would provide the necessary shoreline protection and still allow for the wetland finger to be flooded during spring tide events. An additional,more expensive option would be to continue the bulkhead around the wetland finger landward of coastal and 404.wetlands. Both of these options would also negate the applicants proposal to offer mitigation, including the proposed wooden breakwater. It is recommended that the proposed wetland fill associated with this project be denied. If a permit is issued to authorize the remainder of the project, it is recommended that the permit contain the following conditions: • The alignment of the proposed bulkhead must be staked by a representative of the Division of Coastal Management(DCM)within a maximum of thirty(30)days prior to the start of construction. Failure to initiate construction within thirty(30)days, or erosion of the shoreline by adverse weather conditions,will require the alignment to be re-staked by DCM within a maximum of thirty(30)days prior to the new expected start of construction. • The riprap material must be free from loose dirt or any other pollutant. It must be of a size sufficient to prevent its movement from the site by wave or current action. • The riprap material must consist of clean rock or masonry materials such as,but not limited to, granite or broken concrete. Materials such as tires, car bodies, scrap metal,paper products,tree limbs,wood debris, organic material or similar material, are not considered riprap. • The bulkhead must be constructed prior to any backfilling activities. • The bulkhead must be structurally tight so as to prevent seepage of backfill materials through the structure. • The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles, or other suitable materials approved by Department personnel. No excavation is permitted,except for that which may be required for the construction of the bulkhead wall,riprap,deadmen cables, etc. This permit does not authorize any excavation waterward of the approved alignment. • The fill material will be clean and free of any pollutants, except in trace quantities. Metal products, organic materials,or unsightly debris will not be used. • All backfill material will be obtained from a highground source and confined behind the permitted bulkhead. • No marsh grass will be excavated and/or filled. • The temporary placement or double-handling of excavated or fill materials within waters or vegetated wetlands is not authorized. • No excavated or fill material.will be placed at any time,in any marsh or surrounding waters, outside of the alignment of the fill area indicated on the workplat(s). • 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 020521, which was issued on August 9, 2002. 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: The permittee is advised to contact the local health department regarding requirements for septic tank installations (as required under 15A NCAC 18A.1900 et. seq.). For information concerning septic tank and other on-site waste disposal methods, contact the Brunswick County Health Department. 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. • Ir"' CEIVE D Form DCM-MP-1 J U L 3 12002 DIVISION OF APPLICATIONOASTAL MANAGEMEf (To be completed by all applicants) b. City, town, community or landmark 1. APPLICANT SurJs�-r $���� c. Street address or secondary road number �o2T�l S+ao�� IR7'14 :-r2fC-r a. Landowner: n Name d. Is proposed work within city Iimits or planning *--= jurisdiction? ✓ Yes No Address- 35 dC' nt 'RI DG� e. Name of body of water nearest project (e.g. river, City Sum se-r State NC creek, sound, bay) 8`s a7i4 i&--r Zip Z$4(q Day Phone q l0-Z$-7-1-721 Fa,c 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT b. Authorized Agent: Name EAST COS- FmC7 flJfE21nl6 Cb, a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead,pier,and Z 4 G� excavation and/or filling activities. Address �p,��W,gy� SU�r,rVtSforJ 'L��y�coQrti�n17 Bu 1-Kt1£•A:CG Z 21 P P-&f- City Sf+ALLOTT€ State KC -Lca-Aye-ri©Ai ,/ �" (ATE L-r Y� �nISTi4 LL,�FT[o d�J Zip 2945-6( Day Phone 9t0-76s q-9 f? b.. Is the proposed activity maintenance of an existing project, new work, or both? Mc—o Fax G111)- 7E4-SW c. . Will the project be for public, private or commercial '� r use? Cony►v«�crat_�SuSA�vr�roN'DEvt��ivini� c. Project name (if any) VV 0eTk !!E�"Pu-; T�2r JiE d. Give a brief description of purpose,use, methods of construction and daily operations of proposed Now: Pern&will be imed in name ofk downerft), m dior project. If more space is needed, please attach project nonce, additional pages. -V*-Pg-o�s i;�c-r?:ace-u ass 1 ` Slla�nl'f,+4L LvT-se A P-o.4bwAY GUe`T►4 C:u+--'tom-Sac, A �uL►c++�,an� -,4jrs A 1/y�t eL,nJF I=xr£/JSrvig WILL Rf- 2. LOCATION OF PROPOSED PROJECT cW�g�t- �� �•` t� -r� �c�owPLts� �a AUNAG, a ALL WDeK GRILL a. County �TL A NS W ICE O-CW-M 1 Orp P S. Revised 03195 .. i .l IVE Form DCM-MP-1Q ����R DIVISION OF COASTAL MANAGEMENT site. Include highway or secondary road (SR) numbers, landmarks, and the like. 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND • A Stormwater Certification, if one is necessary. • A list of the names and complete addresses of the I understand that any permit issued in response to this adjacent waterfront (riparian) landowners and application will allow only the development described in signed return receipts as proof that such owners the application. The project will be subject to conditions have received a copy of the application and plats restrictions contained in the permit. by certified mail. Such landowners must be advised that they have 30 days in which to submit comments I certify that to the best of my knowledge, the proposed on the proposed project to the Division of Coastal activity complies with the State of North Carolina's Management. Upon signing this form, the applicant approved Coastal Management Program and will be further certifies that such notice has been provided. conducted in a manner consistent with such program. Name XibasY J 4ADDY �5APPaIPIEI-o I certify that I am authorized to grant, and do in fact, Address (0�00 t-ou�e2 172. Crf LorrE Afc &yll grant permission to representatives of state and federal Phone review agencies to enter on the aforementioned lands in connection with evaluating information related to this Name ��O/zC�� l�• ��kC�t= permit application and follow-up monitoring of the Address 21 b iCEmP 3t�P- C7xc"Saoea NC 27410 project. Phone 336 - 29R 5 G I& I further certify that the information provided in this Name application is truthful to the best of my knowledge. Address Phone , • A list of previous state or federal permits issued for This is the 9 /day of J'IaL work on the project tract. Include permit numbers, print Name F.DAJAP-t M, Goas Se-•_ permittee, and issuing dates. NONE Signature or Avt zed ant • A check for$250 made payable to the Department of Please indicate attachments pertaining to your proposed Environment, Health, and Natural Resources project. (DEHNR) to cover the costs of processing the v/ DCM MP-2 Excavation and Fill Information application. ✓ DCM MP-3 Upland Development • A signed AEC hazard notice for �rojects in DCM MP-4 Structures Information DCM MP-5 Bridges and Culverts oceanfront and inlet areas. DCM MP-6 Marina Development A statement of compliance with the N.C. NOTE: Please sign and date each attachment in the Environmental Policy Act (N.C.G.S. 113A - 1 to space provided at the bottom of each form. 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. Revised 03195 Form DCM-MP-2 e. Does the disposal area include any coastal wetlands If yes, (marsh , SAVs or other wetlands? (1) Amount of material to be placed in the Yes No water N-/ (2) Dimensions of fill area N.IA_ f. Does the disposal include any area in the water? Yes ✓ No (3) Purpose of fill N/A b. Will fill material be placed in coastal wetlands 3. SHORELINE STABILIZATION (marsh), SAVs or other wetlands? ✓ Yes No If yes, a. Type of shoreline stabilization (1) Dimensions of fill area AJ1Paox(mA-r&L-t' ✓ Bulkhead ✓ Riprap 98 , x 13 ' -(2) Purpose of fill MtTiG*ATlohl b. Length )4&6 L c. Average distance waterward of MHW or NWL N/A 5. GENERAL d. Maximum distance waterward of MHW or NWL N/A a. How will excavated or fill material be kept on site e. Shoreline erosion during preceding 12 months and erosion controlled? Bier FEN[.E �`-1- �1c20ttAl(� �E21 N(�T 22 l�/MTG 2 W Ar Rd (Source of information) 1448 Swel(gY BY 98OMSOdXX of $141-r<I+roAj. Sma-vc-raNc7 (AvgaAkF,p ) f. Type of bulkhead or riprap material T..AatrL Srlca-rPle.� BKI1eHgAD b. What type of construction equipment will be used (for example, dragiine, backhoe, or hydraulic g. Amount of fill in cubic yards to be placed below dredge)? water level �o�erz t3.auc+to (1) Riprap NONE. (2) Bulkhead backfill n�oNE c. Will wetlands be Grassed in transporting equipment h. Type of fill material SANS to project site? Yes ✓ No If yes, explain steps that will be taken to lessen environmental impacts. N/_A i. Source of fill material oN -5lTE 1 4. OTHER FILL ACTIVITIES Applicam or Proj Name (Excluding Shoreline Stabilization) Slgoe a. Will fill material be brought to site? Yes ✓ No Dace Revised 03i95 f EI _-----zz------ 1Mr rwr aV�w � w..r r rar y tea, Twrrt Y.rar r11I y y Ei�,5z 4t r 44Wr 1�Ow "■Mww/�i 1b.rt�i4wr..�iiwiwr��wi��r I�dr�•�� . aua. Ra71_ V/'/ L a tr/ S r rar ,tM 1► =�1� a• L g v'O s pp 34 35 98 37 � T 1 �►(� L _u 33 31 92 98 30 1 29 1 14Jbb.14ai.1 27 a�s�',XN \ i l 1 North Shore 3B H �a 4e 40 45 16 47 1 I ) � 10 �:+�rw�w. sFA� >o Edward Gore N �jv _ OWi�dRi -- W Shalots Tounah[P Bszrau{ck County, N.C. ; �YLflIIBurve ore, P.A. ` North Ca:v1lna k Smith C .a.J. '•+ orwaw�~io 7rylr oft ftims- rrrrrni nr,rr`��,`t�� Cr '30� locr 100' rti.r r r r M "'w.r.M Y irV.Y '''rrr/qC aA 1 Mft P.! Jr. 1` Y�Js Jswnnr w• ..� U.S. ARMY CORPS OF ENGINEERS _ Wilmington District P.O. Box 1890 Wilmington,NC 28402-1890 Action ID: 200200504 County: Brunswick Quad: Shallotte Notification of Jurisdictional Determination Applicant: Ed Gore c/o David Hollis East Coast Engineering P.O. Box 2869 Shallotte, NC 28459 Agent: Land Management Group, Inc. c/o Laura Stasavich P.O. Box 2522 Wilmington,NC 28402 Size and Location of Property(water body, Highway name/number,town,etc.): The site is located on North Shore Drive,Lots 30 through 47, Sunset Beach,Brunswick County,North Carolina.The property is adjacent Jinks Creek at Tubbs Inlet, which is classed as waters of the U.S.Latitude: 33.8734°N;Longitude: 78.4955°.W Basis of Determination: This determination is based on a site visit conducted by Thomas Farrell on March 28, 2002. The jurisdictional wetland line is shown in attachment 1, a survey by Norris & Ward, P.A., work order 0206-45, signed and sealed on June 26,2202 by Steve M.Norris,PLS,L2911. Indicate which of the following apply: 4 The wetlands on your lot have been delineated and the limits of Corps jurisdiction have been explained to you. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.The wetland shown on the attached survey is not isolated. Jurisdiction is based on the wetland criteria outlined in the Army Corps of Engineers 1987 wetland delineation manual. 4 The project is located in one of the 20 Coastal Counties. You should contact the nearest State Office of Coastal Management to determine their requirements. Placement of dredged or fill material in wetlands on this properly without a Department of the Army permit is in most cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A permit ' o q property restricted entirely to existing high ground. If you have questions regarding th �ito a pro gr m,please contact Thomas Farrell at(91 Q 251-4466. � t APR 14 2003 Project Manager Signature: Thomas Farr 11 DIVISION Date:December 4,2002 Expiration Date: December 4, 2007 COASTAL MANAGEMENT SURVEY PLAT OR FIELD SKETCH OF DESCRIBED PROPERTY AND THE WETLAND DELINEATION FORM MUST BE ATTACHED TO THE FILE COPY OF THIS FORM. Attachments: (1)A site survey by Norris&Ward (2)Notification of Administrative Appeal Options (3)Vicinity Map Rz--C U.S. ARMY CORPS OF ENGINEERS NOV 17 2003 WILMINGTON DISTRICT 1W.0FC0A% pmflAGEME1W Action Id. q0ODY1 County-&UP49CJ1 GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property owner 7, r Address 3 5I o Par kw" �Lkpqse-+ G -).0qL9 Telephone No. (k) 2,?7- 17AI Size and Location of project(water body, road name/number, town, etc 9 acres. fMl 6C - Kor�- � -�kc>re- OciVe-, AA�oLa U 0qs?A e-�ri, A J 4 1(U U1AJn0Zd!e1rJJ- MOLP. r k/ kk OLK- J r,P 14 -FILL L 5 -NIP Description of Activity 0 N-S't ru CJ L' � L4 6 I'VI Ca" Groh! -�" Groh! 4, Ittv"?, A r, Ad AOL 3 -o 3 rno Applicable Law: .Section 404 (Clean Water Act, 33 U.S.C. 1344). (check all that apply) _Section 10(River and Harbor Act of 1899). Authorization: 1 `iZ 5>000-5(o Regional General Permit Number.-for ri'p(AP bd^t"W -tllo�1%6tk'11 NW 13 Nationwide Permit Number. 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. 0 beginning If there are any questions regarding this authorization or any of the conditions of the General Permit or Nationwide regarding Permit, please contact the Corps Regulatory Official specified below. Date Corps Regulatory Telephone No. . (-916) Official 'as I-o-3 C' Expiration Date of Verification 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 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD A) APPLICANT: Edward M. Gore, Sr. County: Brunswick LOCATION OF PROJECT: North Shore Drive @ 19th Street, Sunset Beach, Brunswick County DATE APPLICATION RECEIVED COMPLETE BY FIELD: September 17, 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: 11 L3 03 FEE REC'D:$ 4 PUBLIC NOTICE REC'D: ,/ END OF NOTICE DATE: l o rot, !o3 ADJ. RIP. PROP NOTICES REC'D: wkk Suns DEED REC'D: ✓ T APPLICATION ASSIGNED TO: S�' ON: 01-7 y- ol-7 C) 75 DAY DEADLINE: l:2 l 03If 150 DAY DEADLINE: / d MAIL OUT DATE: �I �,S �3 STATE DUE DATE: 1 L V-)IZ)3 FEDERAL DUE DATE: FED COMMENTS REC'D: 14N 163 Gf MAe) PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS OBJECTIONS: NOTES RETURNED YES NO Coastal Management-Regional Representative gul Ob'eu's as feW b A)-wvul k, Coastal Management-LUP Consistency Division of Community Assistance 1 p 9f ✓ Land Quality Section �t/3 0(p3 ✓ St "�c emu;,, Division of Water Quality ,�.�9 �G 3 ✓ Not Oki, Vj/ (1kv+g+a'ii Storm Water Management(DWQ) 3V4 ►Sr State Property Office LO 7 03 Division of Archives&History J�G Jdaj Division of Environmental Health Division of Highways i a Z U3 Wildlife Resources Commission Division.of Water Resources Division of Marine Fisheries Submerged Lands(DMF) ►-Qv-aJ� Permit# DCM Coordinator: J S MAILING DISTRIBUTION: Permitee: G�D-KA K42 A4, G �� Agent: (FA cS 1 CO �S' T' L)C7 I AJ 66)e iA)C7 DCM Field Offices: FiLX, Morehead City Vim• Wilmington US Army Corps of Engineers (USACE): Washington. ke Bell (NCDOT) Bill Bi DOT) . R b and Wilmington: Da DQTT) 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 J T) Water Resources: John Sutherland Wildlife Resources: D Bennett Wynne T) T CLOT) FAXING DISTTRIBUTION: Permtee at G L N T l� Agent at 9, n -7 5-4 F0 DCM Field Offices: Eet•�i-Cit}t Morehead City �x�inm wLi�, b Wilmington US Army Corps of Engineers (USACE): Wash' aton: Mike Bell (NCDOT i NCDOT) R eigh 7 Bland Wilmingt T� on: Dave-T w4Ly_(N DOT) Henry Wicker Updated as 2128103 C/1 �rG rJ rJ fC f� 4 Cs NCDENRa North Carolina Department of Environment and Natural.Resources Division of Coastal Management Michael F.Easley,Governor Charles S. Jones, Director William G..Ross Jr.,secretary July 19, 2004 Ms. Beverly Carroll Kennedy, Covington, Lobdell &Hickman, L.L.P. Hearst Tower 47`"Floor 214 North Tryon Street Charlotte,NC 28202 Dear Ms. Carroll:. I recently received a facsimile of a July 2, 2004 letter you wrote to Dept. of Environment and Natural Resources Secretary William Ross. The July 2nd letter referenced an April 26, 2004 letter that unfortunately, neither Secretary Ross nor I have any record of ever receiving. Secretary Ross has asked me to look into the matter and provide you with any appropriate information concerning this issue. I have enclosed a copy of a letter that was sent to Leigh and A.J. Horner in May, which speaks to. some of the ownership issues you raised. I have also enclosed a copy of a letter that was sent to Mr. Gore reminding him of the requirements to request a transfer of the permit to a new owner if property ownership changes. We have also recently checked with the Brunswick County Register of Deeds, and found that Mr. Gore's company still owns the property. Until the property is recorded with the Register of Deeds.under a different name, Mr. Gore's company is still the owner of record of the property. I hope.this information is usefiil to you. If you have any further questions,please contact me at my Morehead City office. S' erely, Charles S. Jones Director cc: Secretary Ross Jim Gregson Doug Huggett 151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastaimanagemont.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F.Easley, Governor Charles S. Jones, Director William G.Ross Jr.,Secretary May 24,2004 Leigh and A.J. Horner t7 �ED 105 Fieldstone Court Chapel Hill,NC 27514 MAY 2 7 2004 X&Dear Mr. and Mrs. Horner: 3I1011FCO Department of Environment and Natural Resources Secretary Bill Ross asked me to respond to your letter and concerns related to the development activities on Sunset Beach that are authorized under CAMA Rer,mitiNZIMIRM03. I have researched your concerns with our staff and would like to respond to the points you raised in your letter. Processing of any permit application is subject to the rules of the Coastal Resources Commission(CRC). One requirement is submitting a deed or other instrument under which the applicant claims ownership. In this particular case,the Division of Coastal Management(DCM)did investigate the ownership issue. A deed for the property in question was submitted with the original permit application(deed recorded with the Brunswick County Register of Deeds in Deed Book 264,Page 24 on November 8, 1971). The deed appears to be for a larger tract but the area of the proposed development did fall within the bounds of this deed. The applicant also submitted a recorded subdivision plat for the project area(recorded with the Brunswick County of Register of deeds in Map Book H,Page 359, on September 13, 1976). During the review of the permit application;the applicant also provided DCM with a Brunswick County Tax Administrator Summary, which appears to recognize that the 1971 deed is still valid. After reviewing all of this information,DCM determined that the applicant had proven aprima facie ownership to the land in question. DCM also reviewed the issue of the 30-foot right of way(ROW)versus a 60-foot ROW. The 1971 deed appears to show a 30-foot ROW and not 60 feet. DCM also provided a copy of the CAMA permit application to the Town of Sunset Beach to ensure consistency with local rules and ordinances.The Town did not raise any issues and in fact noted they had no objections to the project as proposed. After the permit was issued and development activities began,DCM staff visited the site on numerous occasions. Many of these visits were responding to neighbors' concerns that.the development was not in compliance with their CAMA permit. Many of the complaints concerned the lack of sedimentation and erosion control devices on the property. DCM was also concerned about this issue, and had the Division of Land Resources visit the site on at least two occasions to determine if the applicant was in compliance with their approved Sedimentation and Erosion Control Plan. The permittee was notified of some deficiencies with their Plan and brought the project into compliance. DCM also required the permittee to remove the wind blown sand that had entered an adjacent wetland area. Your letter also expressed concerns that the bulkhead construction was not in compliance with the CAMA Permit(CAMA Permit No. 179-03) issued for this property and also for the neighboring property (CAMA Permit No. 35-00). Based upon our investigations of both sites, all work done is within the permitted dimensions that were authorized. 151-B.Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557 Phone: 252-808-2808\FAX: 252-247-3330\Internet: www.nccoastaimanagement.net 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 Charles S. Jones, Director William G. Ross Jr., Secretary May 19,2004 Mr F �, -a `Oce Pvay �� f✓ Sunset Beach,North Carolina 28469 C P7 MAY 2 0 2004 Re: CAMA Major Permits o.'-05 00 and No. ,I-'Oj (��`�� S��,P (a+�f1AP/1u'a[C�R,grrn, Northshore Drive/Sunset Beach 0 �9499Ga jVu»�t�+�i�v 9 Brunswick County �eNw��� °� Dear Mr. Gore: It has been brought to our attention that there is the possibility of the transfer of ownership of the properties associated with the CAMA Major Permits No.35-00 and No. 179-03. As I discussed during a recent site visit with you and your contractor (Sammy Varnum),anyone holding a CAMA Permit may not assign,transfer, sell or otherwise dispose of a permit to a third party. Per 15A NCAC 7J.0406,a permit may be transferred to a new party at the discretion of the Director of the Division of Coastal Management. Please be advised that should the property ownership change during the permit period,work authorized under that permit must cease until such time as the permit is transferred. Also be advised that Permit No. 55-00 requires that the authorized alignment of the proposed bulkhead be staked by a representative of the Division of Coastal Management(DCM)within a maximum of 30 days prior to the start of construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, will require the alignment to be re-staked by DCM within a maximum of 30 days prior to the new expected start of construction. I was at the Northshore Drive site on April 30, 2004. Construction had not begun on the bulkhead alignment which I staked on April 8,2004. If construction was not initiated as of May 8,2004,please call me,or have your contractor call me,to arrange a site visit so that I can re-stake the alignment. Please do not hesitate to contact me at(910)395.3900 should you have questions concerning these permit requirements. Sincerely, C tm regson rict Manager cc: Charles Jones Caroline Bellis VDoug-Hu ett 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-395-3900\Fax: 910-350-2004\Internet: http://www.nccoastaimanagement.net An Equal Opportunity\Afnrmative Action Employer-50%Recycled\10%Post Consumer Paper FROM KENNEDY COV I NGTON LOBDELL & HI CKMAN, LLP (TIJE) 7. 6' 04 1 6 :46/ST. 1 6:42/NO. 48621 231 41. P_,4.,,„._,W__ „� A T T O R N E Y SO A T L A W Beverly A.Carroll copy Licensed in NC and SC bcarroll@ken.nedycovingtoll.com 803.329.7604(Voice) 803.980.7874(Fax) April 26, 2004 Via Facsimile (919) 733-1495 William G, Ross,f r. Secretary North Carolina Department of Environment And Natural Resources Division of Coastal Management 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Re: Gore Project Permit# 179-03 Our File No,: 0029397.00001. Dear Mr, Ross: Our law firm represents Dudley and Martha Emick, who are presently engaged in a lawsuit centering on the development of the eastern end of Sunset Beach. At issue is whether there was a plan of development that included, among other things, the width of North Shore Drive. We are aware that a Permit has been issued to Edward Gore, Permit #179-03. That permit is'based on the submission of a deed that is of questionable fact. The deed, identified as Deed Book 264, page 24 in the Brunswick County Register of Deeds, does not show a roadway, but references a map in Map Book 1 contained in the records of the Town of Sunset Beach. Our investigation reveals there is no such map;instead, we are told that all maps are to be filed in the Brunswick County Register of Deeds office. There is no such map there. This fact is crucial as Mr. Gore alleges,that map shows North Shore Drive to be only 30 feet wide. There are numerous maps and deeds that show the plan of development for North Shore Drive to be sixty feet wide. I refer you to Map Book 8, at page 7, Map Book H; at page 376, and Map Book I, at page 379, all found in the Brunswick County Register of Deeds office. We believe that all of the lots sold from KENNED'r CO VINGTON LOBDELL & HICKMAN, L,L.P. wiueu.ke/Illedyrorirafon,coltt H E A R S T T O 5V E W08-58�.PZ h r L O 0 R CHARLOTTE RALEIGH RESEARCH TRIANCL£ PARK ROCK HILL tflPyhonP 709.337.7400 z ! 9 N 0 R T H T RLJBc, - .5 'r It 1: r: T facsimile 704,331.7598 CHARLOTTE, NORTH CAROLINA 28202 FROM KENNEDY COVINGTON LOBDELL & HdCKMAN, LLP (TUE) T 6' 04 16:46/ST. 16:42/NO. 4862123.1.41 William G. Ross, Jr, April 26, 2004 C��� Page 2 Tracts 17, 18, and 19 make reference to one of these maps. In addition, there is a letter from the Mayor of Sunset Beach that say that North Shore Drive is sixty feet wide. The roadway was a part of plan of development that show it was sixty feet wide. Because of that fact, the property to the north of North Shore Drive can not be developed as it would not be possible to put houses on those lots and comply with setback lines, etc. So too, the area designated as Tract 20, which is not contemplated on the plan of development, cannot be developed as previously proposed, This fact was called to the attention of Doug Huggett of your office, who said that the agency was not responsible for determining if legal title was correct, I certainly do not believe that to be the case. So too, my clients have continued to provide information to your agency that indicates continued violations with the permit issued to Mr, Gore. My clients have also called all of this to Jim Gregsori s attention on numerous occasions. The latest violation is the fact that although Mr. Gore has represented that he has not entered into any contracts for the sale of any of the land, Sammy Varnum has told me and my clients that he has a contract for the development of this area. We also understand that a number of the proposed Iots have been sold or contracted to a realtor for development. Mr. Gore's attorney has told me that Mr. Varnum has an interest in the land.' I understand that these actions are in direct violation to the permit issued to Mr. Gore. It is apparent that.Mr. Gore is proceeding as he sees fit in complete disregard of the permit requirements and the pending lawsuit. While my clients would like to avoid an action involving your agency, this blatant disregard of the Iaw is disturbing to say,the least. I would ask that you investigate this matter immediately and provide me the results of your investigation. Very truly yours, Beverly A. Carro For the Firm BAC/lm 0168581,01 LIB RH FROM KENNEDY COVINGTON LOBDELL & HICKMAR LLP (TUE) 7. 6' 04 16:47/ST. 16:42/NO. 4862123141 P 6 William U. Ross, Jr, Copy April 26, 2004 Page 3 cc: Charles Jones Acting Director North Carolina Department of Environment and Natural Resources Division of Coastal Management 1638 Mail Service Center Raleigh, NC 27699-1638 Marty and Buzz Emick 1056 Glebe Road Daleville, VA 24083 0168581.01 LIB:RH FROM KENNEDY COVINGTON LOBDELL & HICKMAN, LLP (TUE) 7. 6' 04 16 :47/ST. 16:42/NO. 4862123141 P 7 STATE OF NORTII CAROLINA COUNTY OF BRUNSWICK AFFIDAVIT EDWARD NI. GORE, SR., being first duly sworn, deposes and says of his own personal knowledge as follows: 1. I am one of the Defendants in die civil action entitled "Dudley J. Emick and Martha E. Emick vs. Sunset Beach & Twin Lakes, Inc., Edward M, Gore, Dinah E. Gore, and Town of Sunset Beach", File No. 03 CVS 2008, Office of the Brunswick County Clerk of Superior Court. 2. I own property at Sunset Beach, Brunswick County, North Carolina, including lots adjacent to North Shore Drive. 3, 1 am also a member of the Sunset Beach Town Council and have been for years. 4. l am familiar with the books and records of the Sunset Beach Tax Department. 5, Exhibit #1 attached hereto is a list of the property owners of lots located in the Bowen Subdivision, Blocks 17, 18, and 19, Sunset Beach, Brunswick County, North Carolina. G. Exhibit #1 shows the names and addresses of the owners, the parcel numbers and the lot numbers for each lot in Blocks 17, 1.8, and 19 of the Bowen Subdivision. T My wife, Dinah E. Gore, and I leave a contract with Samuel Neil Varnam to our convey ownership interest in Lots 29, 30, 31, 32, 33134, 35, 36, 37, 37A, 3713, 43, 44, 45, :% 1 FROM KENNEUY COVINGTON LOBDELL & HICKMAN, LLF (TUE) 7. 6' 04 16 :47/ST. 16 :42/NO. 4862123141 ..P. ...,8 i 46,'47, 48, 49, and 50, Block 14R, Sunset Beach, Brunswick County, North Carolina. 8. My.wife, Dinah E, Gore, and I also have contracts with Coastal Cottages, Lt,C to convey our ownership interest. in Lots 7 and 8, Block 14R, Sunset Beach, Brunswick County,. North Carolina. 9. On April 16, 2003, my wife, Di-nah E. Gore, and I conveyed ownership interest in Lots 1 and 2, Block 14-R, Sunset Beach, Brunswick County, North Carolina to Gary F. Singleton as evidenced by the warranty deed recorded in Deed Book 1745 at Page 491, Brunswick County Registry attached hereto as Exhibit #2. 10. The property owners listed on the attached Exhibit #1 along with Gary F. Singleton, Samuel Neil Varnam, and Coastal Cottages, I.,,L,C, must use North Shore Drive to access their property. 11., These property owners are united in interest and are thereby necessary parties to the civil action described in Paragraph 1 above. Their interest in the current controversy is so vital that a valid judgment cannot be rendered in this action completely and finally without their presence as a party. 12, The sole issue of the Complaint filed in this action is the width of North Shore Drive. J 13, The filing of the Notice of Lis Pendens in tills action as recorded in File No. 03 M 666, Office of the Brunswick County Clerk of Superior Court, 112s created a cloud 011 the title of the lots owned by my wife and me as described above. FROM KENNEDY COVINGTON LOBDELL & HICKMAN, LL•P (TUE) 7. 6' 04 16 :47/ST. 16 :42/NO. 4862123141 P 9 Further deponent sayeth not. This the day of June, 2004, ED ARD G RE, SR. Sworn to and subscribed before me this a ^ clay of June, 2004. Notary Public.'Q���� RY lyf3� Commission Expires: 6 i I ao06. i�0 z 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 December 31 2003 Mr. Jeff Schaffer Division of Coastal Management RECEIV NC Department of Environment and Natural Resources 1638 Mail Service Center DEC Q 4 ZQQ3 Raleigh,North Carolina 27699-1638 ft J"1o0F(*WALg Subject: North Shore Drive RO Edward M. Gore, Sr. Brunswick County Dear Mr. Schaffer: Per your request in our telephone conversation today, enclosed are three copies of the recorded subdivision plat for the above referenced project. The plat is recorded with the Brunswick County Register of Deeds in Map Book H, Page 358 on September 13, 1976. The lots in the project, lots 29-50, are located in Block 14R of the plat. The tax parcel information for the lots refer to this plat and the deed recorded with the Brunswick County Register of Deeds in Deed Book 264,Page 24 on November 8, 1971. Also per your request, an additional copy of the enclosed plat with copy of this correspondence will be sent to Mr. Jim Gregson in the Wilmington Office of the Division of Coastal Management If you have questions and concerns about the foregoing information or need additional information, please . contact me at our office. Sincerely, David A. Hollis,EIT Enclosures Copy: Mr. Edward M. Gore, Sr. Jim Gregson,DCM(Wilmington)w/Copy of Plat File: 0325 (North Shore Drive) 4,:• 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 December 1, 2003 EDWARD M GORE SR 351 OCEAN RIDGE PARKWAY SUNSET BEACH NC 28469 Dear Mr. Gore: This letter is with reference to your application for a Coastal Area Management Act Major Development and state dredge and fill permit to construct a 10 lot subdivision at Sunset Beach in 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 February 14, 2004 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`, J&fcaffer Asst. Major Permits/Consistency Coordinator cc: Jim Greg-son—DCM,Wilmington DCM,Morehead City East Coast Engineering,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.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper ® North Carolina Wildlife Resources Commission Charles R.Fullwood,Executive Director MEMO TO: Doug Huggett Division of Coastal Management FROM: Bennett Wynne 1-) Habitat Conservation Program DATE: November 5, 2003 SUBJECT: CAMA Dredge &Fill Permit Application for Edward M. Gore/North Shore Drive & 19'h Street subdivision on Jinks Creek, Sunset Beach, Brunswick County,North Carolina. The North Carolina Wildlife Resources Commission has reviewed the project for impacts to wildlife and fishery resources. We regret that time constraints delayed our response. A site visit was made on November 4, 2003. Our comments are provided in accordance with provisions of the Fish and Wildlife Coordination Act(48 Stat. 401, as amended; 16 U.S.C. 661 et seq.) and the Coastal Area Management Act (G.S. 113A-100 through 113A-128). The applicant proposes to build a 19 lot bulkheaded subdivision on a currently undeveloped peninsula bordered by Jinks Creek, an embayment of Jinks Creek, and a manmade canal. Wastewater is to be treated by onsite septic field(s)whereas potable water would be provided by a connection to adjacent public lines. Shrubs and herbaceous vegetation dominate high ground areas of the site, but a small coastal wetland finger vegetated with Spartina afterniffora occurs in the southwestern comer. This coastal wetland finger would be filled as proposed but mitigated by the creation of a like quantity of in-kind marsh on the southeast end of the peninsula. At the peninsula's high water mark, a sharply eroded scarp occurs. Waterward of this scarp there is significant intertidal area providing excellent foraging and loafing habitat for waterbirds. Intertidal habitat is especially good on the sand spit at the terminus of the peninsula. Oyster rock occurs at the end of the sand spit and during our site visit we observed various gulls, about 75 black skimmers, 2 oystercatchers, and approximately 200 other shorebirds here. Area waters are classified SA HQW and Jinks Creek is open to shellfish harvest. Situated in the landscape as it is(i.e., a peninsula), we consider the site to have high potential for adversely impacting high quality estuarine waters and intertidal habitats. If septic Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center- Raleigh,NC 27699-1721 Telephone: (919) 733-3633 ext.281 - Fax: (919) 715-7643 Gore 19 Lot S/D @ Anks Ck. 2 11/5/2003 tanks were ever to malfunction, sensitive shellfishing waters would be degraded and perhaps closed. An introduction of impervious surfaces in the form of rooftops, driveways, and road would reduce the site's ability to store and treat stormwater, further contributing to water quality decline. Not insignificant is that these impacts would be cumulative, constituting an addition to existing septic tanks,rooftops, driveways, and roads on developed sites nearby. Also,the proposed bulkhead alignment does not appear to provide a 30 ft. undisturbed buffer and may even result in filling of high quality intertidal habitat. Finally,piers and/or boat docks that might be constructed from lots 37A and 37B across the intertidal sand spit at the end of the peninsula as well as homeowners' pets would be expected to disturb waterbirds that use this strategic feeding and loafing area. Based on these concerns, we recommend the following permit conditions. 1. Septic tank fields will be located on the landward side of all residences, well away from the 75 ft. Estuarine Shoreline AEC. 2. Pervious materials will be used for construction of the access road and driveways. 3. The bulkhead should be located landward of a 30 ft. undisturbed and vegetated buffer, as measured from mean high water. Under absolutely no circumstances shall bulkhead be located waterward of the existing eroded scarp. No intertidal habitat will be filled or dredged. 4. No piers or boat docks shall be constructed on lots 37A and 37B at the end of the peninsula. 5. The subdivision and/or homeowners association will require that all homeowners' pets be kept on a leash while they are outside. Failure to comply with the leash requirement should result in a fine or similar penalty being assessed to the pet owner. Thank you for the opportunity to comment on this project. If you have questions,please call me at(252) 522-9736. To: Bennett Wynne NC Wildlife Resources Commission 901 Laroque Ave,Kinston,NC 28501 Reference: Sunset Beach Island,N.C. Gore Project(East coast Engineering)on North Shore Drive East; Development of 4.106 acres with 19 homes In advance,thank you for your consideration of our inputs on this proposed development project. We have been property owners on Sunset Beach for the last 13 years and have had property across from the proposed development since 1995. Frankly,the piece of land is so small,so tidal, so sand swept,it is hard to imagine the density of 19 homes to be developed on such a tiny"sand spit"! This undeveloped shoreline is teeming with activity as this Summer,there has been nesting Oystercatchers along with constant activity of Willets, Common and Least terns,Black Skimmers, pelicans, etc,etc. Since Labor Day,a pair of Ospreys have made it their favorite fishing ground. The"spit"is also used by many a fisher person and many a kayaker. Surely, on the South and East facing sides there will be no bulk heading? I have attached a couple of pictures(taken from the south)of this spit during a high tide;one tidal overflow cuts in at least 75-100 feet—deep enough that it penetrates nearly in line with the Eastward sand access road that dead-ends at this spit. I understand property rights and that the Gore family has the right to develop the property,however I request that there be absolutely no"exceptions"or"mitigation" deviations to current zoning and coastal regulations. The Gore family has surely made their millions from developing this wonderful island(and they have done a pretty good job),but this is truly one of the last"green space"parcels on Sunset Beach and any granted exceptions will be only for the gain of private interest. If it must be developed, at a minimum let's protect the shoreline and the quality of the water;let's at least leave it accessible as a favorite fishing spot for our wildlife. An idea,probably way too late, would be that Mr. Gore could donate this spit to the Town to be a"passive or active park";receive the generous tax benefits for the land conservation, and let this little sand spit remain as a long term memorial to the Gores! Sincerely, Mae and Bob Hoover 8704 Fazio Drive 1509 Canal Drive Wilmington,N.C.,28411 Sunset Beach,N.C. 28468 910-686-6095 rdh04l@,hotmaii.com NC®ENR 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 28, 2003 Beverly A. Carroll Kennedy Covington Lobdell &Hickman, LLP PO Box 11429 Rock Hill, SC 29731-1429 Dear Ms. Carroll Thank you for your October 27, 2003 correspondence concerning the Coastal Area Management Act (LAMA) Major Development and state dredge and fill permit application submitted by Mr. Edward M. Gore, Sr. seeking authorization to construct a 19.lot subdivision at the end of North Shore Drive in Sunset Beach, Brunswick County. As you may be aware, the Division of Coastal Management is coordinating a multi-agency state and federal review of the proposal. I can assure you that your comments will be examined and taken into consideration prior to the Division taking final action on this permit application, and you will be informed of this final action. The Division appreciates you taking the time to comment on this application, and your letter will be added to the official permit application file for this project. Please feel free -to contact me at (919) 733-2293, extension 240, or email me at Jeff.Schaffer@nemai1.net if you should have any additional concerns relating to this project. Sincerely, ` Jeff Schaffer Assistant Major Permits 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.nccoastaimanagement.net An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper State of North Carolina JWAk Or Department of Environment and Natural Resources Vf Wilmington Regional Office Division of Marine Fisheries NCDEiTR Michael F. Easley Governor NORTH CAROLINA DEPARTMENT OF Preston P. Pate, Director ENVIRONMENT AND NATURAL RESOURCES MEMORANDUM October 27, 2003 TO: Doug Huggett FROM: Fritz Rohde SUBJECT: Edward Gore The North Carolina Division of Marine Fisheries approves of this project only if the following are deleted from the proposal. 1) Eliminate the proposed bulkhead on lots 48 and 49 which would fill over 1,100 sq ft of wetlands. If this is not eliminated, then it needs to mitigated at a much higher than ratio than 1:1. 2) T otally eliminate the proposed breakwater. It would cover up publie trust bottoms and constitute a hazard to navigation. If the bulkhead and subsequent mitigation are eliminated, then there is no need for this structure. 127 Cardinal Drive Ext.,Wilmington,North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004 An Equal Opportunity Affirmative Action Employer 50%,recycled/10%post-consumer paper October 13, 2003 MEMORANDUM - TO: Doug.Huggett FROM: Lees Sabo Shellfish Sanitation and Recreational Water Quality Section SUBJECT: CAMA Major Permit Review- Edward M. Gore/ North Shore Drive The quality of waters in Brunswick County has been heavily impacted by development. Due to consistently unsatisfactory levels of fecal coliforms, waters to the west of Tubbs Inlet have been closed to the harvest of shellfish. Sols creek, between the proposed project area and Ocean Isle Beach, and areas within Jinks Creek support valuable shellfish resource, as do the other small creeks in this marsh area. Jinks Creek and those to the east of the proposed development are currently classified as conditionally approved; fecal coliform standards are exceeded after periods of heavy rainfall due primarily to surface runoff, and are frequently temporarily closed to the harvest of shellfish. The subject development, as proposed, would likely cause deterioration in the quality of waters that remain open to the harvest of shellfish in this area. Bulkheading the shoreline and additional creation of a breakwater at the high energy area adjacent -` Tubbs Inlet and Jinks Creek will probably cause changes in water flow patterns with subsequent increase in erosion in other areas and siltation (with possible bacterial load) of nearby healthy shellfish beds. Direct runoff from the paved road surfaces across lawns and into adjacent waters can be expected during periods of prolonged heavy rainfall, despite sandy soils. Newly established lawns, and those grown in poor soils like sand, are usually heavily fertilized, thus increasing the degree of eutrophication to open waters. These additional stressors-- frequent siltation, changes in water flow patterns, and intermittent periods of low dissolved oxygen-- on the shellfish population may produce an overall decrease in the stock's virility, impairing its ability to quickly purge the bacterial contaminants it ingests during periods of poor water quality, causing additional or more lengthy closures to shellfish harvesting. It can be anticipated that each of the 19 homeowners will desire to create the two slip dockage space allowed by statute. Increased levels of fecal coliforms are frequently associated with waters adjacent to marinas or other concentrations of dockages and moorings. In accordance with 15A NCAC 18A.0911 MARINAS: DOCKING FACILITIES: OTHER MOORING AREAS, if this project were to provide for community dockage, mooring, or the placement of lifts for more than a) 10 boats any of which contain cabins or heads or b) 29 boats less than 24 feet with no cabins or heads, and if adjacent property owners add private dockage spaces within 100 feet of this structure, additional closures of shellfishing waters will be recommended. The applicant should be advised that plans and specifications for all water system improvements must be approved by the Division of Environmental Health prior to the award of a contract or the initiation of construction (as required by 15A NCAC 18C 0.0300 et. seq.). For information, contact the Public Water Supply Section, (919) 733- 2460. The applicant should be advised to contact the local health department regarding their requirements for septic tank installations (as required by 15A NCAC 18A.1900 et. seq.) For information concerning septic tank and other on-site waste disposal methods, contact the On-Site Wastewater section at (919) 733-2895. If this permit is granted, it is requested that additional stormwater control measures be required, and that any type of dockage structures permitted at the project site be limited to avoid negative impacts to water quality in this area. 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 29, 2003 The Honorable Mike McIntyre �� Representative in Congress ED 201 North Front Street Wilmington,North Carolina 28401-3957 SEP 3 O 2003 Subject: Response to Ms.Margie L.Ozier Letter 3We0FC0A9rALMAWAGEM "# John Gore Property RALEIGH Brunswick County Dear Representative McIntyre: Staff of our Wilmington Office has reviewed your request of September 6, 2003, concerning Ms. Ozier's correspondence. We offer the following information. Our files indicate that on November 9,2000,Mr:John-Gore,was issued a Notice of Violation for undertaking Major Development within a designated Area of Environmental Concern without first obtaining a permit from the North Carolina Coastal Resources Commission. The Violation involved the placement of fill material within coastal wetlands on Mr. Gore's property, at the end of Gore's Landing Road,in Bent Tree Plantation,in Brunswick County,North Carolina. The activity was also found to be in violation of the State Dredge and Fill Law. As part of the Notice of Violation,Mr. Gore was required to cease all filling and grading activities and to remove all fill material.from wetlands on the property. Mr. Gore signed a restoration agreement on November 20,2000 and on March 15,2001, staff determined that the requested restoration had been completed. Mr. Gore paid a civil penalty assessment of$500.00 on April 6, 2001. On April 11,2001,the District Manager of our Wilmington Office notified Mr. Gore the case was closed. On July 14,2003,ELCO Properties,LLC submitted a CAMA Major Permit Application to construct eight(8)condominium units,associated parking,access drive,utilities,and a ten(10) slip community pier on a 2.76 acre tract of land located at the end of Gore's Landing Road, in Bent Tree Plantation. This is the same property that was the subject of the Notice of Violation as described above and appears to be the same property discussed in Ms. Ozier's letter. A Field Investigation Report was prepared by the Wilmington Office and is currently being circulated to federal and state review agencies for comments. A State Stormwater Permit has been issued for the proposed development by the North Carolina Division of Water Quality(Permit No. SW8 030619). The project appears to be consistent with the Brunswick County Land Use Plan,as well as,the applicable CAMA Use Standards for development within Public Trust Areas,Estuarine Waters and Estuarine Shoreline Areas of Environmental Concern. The public comment period for this project will run through October 2, 2003. 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-22931 FAX: 919-733-14951 Internet: www.nccoastaimanagement.net An Equal Opportunity 1 Affgrnative Action Employer—50%Recycled 110%Post Consumer Paper MEMORANDUM TO: Doug Huggett Major Permits Processing Coordinator FROM: James E.Rosich,AICP Wilmington District Planner SUBJECT: CAMA Major Permit Application: Edward M. Gore Town of Sunset Beach,Brunswick County DATE: September 26,2003 Background The applicant proposes to develop a 19-lot single-family residential subdivision in':the Town of Sunset Beach. The 4.09-acre parcel is a peninsula located on the east end of town.adjacent to: an unnamed canal to the north,Jinks Creek to the east,and Tubbs Inlet to the south. The property is accessible via North Shore Drive,and borders 19`h Street to the west. According to the field investigation report,development will impact the Coastal Wetlands and Estuarine Shorelines Areas of Environmental Concern(AECs). Adjacent waters are classified SA- HQ W. The Primary Nursery Area(PNA)designation does not apply. Jinks Creek-is open to shellfishing—the unnamed canal-is.closed: Consistency Determination The proposed development has been reviewed for consistency.with the Town of Sunset Beach 1997 CAMA Land Use Plan Update. The project is inconsistent with Land Use Plan Policy 6.3.1—Areas of Environmental Concern and Policy 6.3.1.1(1)—Costal Wetlands. Land Classification The land classifications for this project are Developed and Conservation. The Developed classification applies to the upland portion of the parcel. The land use plan states: . According to the CAMA planning regulations, the developed class of land provides for continued intensive development and redevelopment of existing cities, towns and their urban environs. Areas meeting the intent of the developed classification are currently urban in character where minimal undeveloped land remains, or are scheduled for the timely provision of public services such as water, sewer, streets and roads,police and fire protection. The Conservation classification applies to AECs on, and adjacent to the site. The land use plan states: The purpose of the Conservation class is to provide for the effective long-term management and protection of significant, limited or irreplaceable areas. Management is, needed due to the natural, cultural, recreational,scenic or natural productive values of both local and more than local concern. Land Use Plan Policies The project is inconsistent with Policy 6.3.1 —Areas of Environmental Concern, which states: The Town will support and enforce through its CAMA minor permitting capacity the State policies and permitted uses in Areas of Environmental Concern(AECs). Such uses shall be in accord with the general use standards for coastal wetlands, estuarine waters, estuarine shorelines, and public trust areas as stated in 15A NCAC Subchapter 7H. The Town supports the major and general permitting process as implemented by the North Carolina Division of Coastal Management. The project is inconsistent with the General Use Standards for coastal wetlands [NCAC 07H.0208(a)(1)]. Refer to discussion under Policy 6.3.1.1(1)—Coastal Wetlands. The project is inconsistent with Policy 6.3.1.1(1)—Coastal Wetlands,which states: Sunset Beach shall permit water dependent uses such as docks, boat ramps,piers, utility easements, and culverts, consistent with the definition and use standards of 15[A]NCAC 7H. Each proposed use will be evaluated for water dependency. Unacceptable land uses may include, but would not be limited to restaurants, businesses,residences, apartments, motels, hotels,floating structures,private roads and parking lots. The proposed bulkhead construction and filling of 1,143 square feet of coastal(404)wetlands on lots 48 and 49 is inconsistent with the land use plan,and the General Use Standards for coastal wetlands [NCAC 07H.0208(a)(1)]. Residences are not considered a water-dependent use. This project will be consistent with the land use plan,if the proposed filling of coastal wetlands is eliminated on lots 48 and 49. (Refer to the Field Investigation Report and Recommendations for State Permit submitted by Jim Gregson on September 19,2003). The project is consistent with Policy 6.3.1.1(4) Estuarine Shorelines provided all local, state and federal regulations are met(see table). The policy states: Within the Estuarine Shoreline Area, the Town of Sunset Beach believes that certain developed uses should only be permitted which are consistent with 15 NCAC 7H, and as further defined by the Town's building, development and stormwater ordinances, and which satisfy the following requirements: 1)natural barriers to erosion are not weakened or eliminated;2)development does not interfere with present public access;3) the amount of runoff is unchanged;4)no pollution is generated,S)standards of the North Carolina Sedimentation Pollution Control Act of 1973, amended 1990, are upheld; 6)the construction of impervious surfaces and areas not allowing natural drainage is limited to that necessary for development, and stormwater management provisions of the Town Ordinances and SBWSA are upheld. Policy Requirement/ Comments LUP Consistency 1 —Consistent No impervious surfaces proposed within 75-foot Estuarine Shorelines AEC;See bulkhead installation recommendations from Jim Gregson's Field Investigation Report 2—Consistent No Public Access Issues—Private Property 3—Consistent DWQ issued State Stormwater Permit#SW8-020521; No impervious surfaces proposed within 75-foot Estuarine Shorelines AEC 4—Consistent County Health Department will issue septic tank permits 5—Consistent DLR permit to be issued 6—Consistent DWQ issued State Stormwater Permit#SW8-020521 (25%low-density o tion cc: Charles S. Jones Jim Gregson John Thayer Mike Christenbury Linda Fluegel, Sunset Beach File 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 25,2003 MEMORANDUM TO: Bennett Wynne Wildlife Resources Commission ATTN: Habitat Conservation program FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: EDWARD NI. GORE / NORTH SHORE DRIVE PROJECT LOCATION: NORTH SHORE DRIVE @ 19TH STREET, SUNSET BEACH, BRUNSWICX COUNTY. PROPOSED PROJECT: CONSTRUCTION OF A 19 LOT SUBDIVISION AT SUNSET BEACH. Please indicate below your agency's position or viewpoint on the proposed project and return this 'fotrn by October 16, 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. RE,PLY This agency has no objection to the project as proposed. This agency has no corn.ment on the proposed project. This agency approves of the project, only if,the recommonded changes are incorporated. This agency objects to the project for reasons described in the attached comments, SIGNED DATE 1638 Mail Service Center, Raleigh, North Carolina 27599-1638 Phone: 919-733-2293\FAX: 919-733-1495\Internet: http://drm2,enr.state.nc.us An Equal Opportunity 1 Affirmative Action Employer-501/6 Recyoled\10%Post Consumer Paper z Z0 �Jl7d 3NNAM g 9ELHZSZSZ b0 :IZ E00Z/90/LL Alkn FYWA NCDENR30 North Carolina Department of Environment and Natural Resodrees,- Division of Coastal Management Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary September 25,2003 IE 17 MEMORANDUM OCT 0 7 2003 TO: Mr. Roberto Canales fleed'0! CO ASTALMANABEMEN, State Construction/Materials Branch Division of Highways fl L��Z i�l FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: EDWARD`M-.'GOREJ_NORT.H_SHORE'-DRIVE PROJECT LOCATION: NORTH SHORE DRIVE @ 19TH STREET, SUNSET BEACH, BRUNSWICK COUNTY. PROPOSED PROJECT: CONSTRUCTION OF A 19 LOT SUBDIVISION AT SUNSET BEACH. Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 16, 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 G 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 ;�; rYr :T'_f Division of Coastal Management Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,S'�retPw 6 3 September 25,2003 MEMORANDUM ,. TO: Mr. Joseph H. Henderson,Director 0('T 07 2003 State Property Office .Department of Administration J9d OFC0R�TALrTWTAGEAJErT, FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: ED.W—gpa--;:QORE/Y-NORTH SHORE DRIVE PROJECT LOCATION: NORTH SHORE DRIVE @ 19TH STREET, SUNSET BEACH, BRUNSWICK COUNTY. PROPOSED PROJECT: CONSTRUCTION OF A 19 LOT SUBDIVISION AT SUNSET BEACH. Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 16, 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 ie project for reasons described in the attached comments. SIGNED DATE D 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer-50%Recycled 110%Post Consumer Paper 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 22, 2003 MEMORANDUM : � . TO: Ms. Melba Laney 40, for: Mr. William A. McNeil, Director Division of Community Assistance 1-��'�, 0 9 2003 a FROM: Doug Huggett 1Va®FC®� a����AGE��E a Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Edward'"1VI. Gore;Sr-INorth"Shore Drive Project Location: North Shore Drive @ 19th Street, Sunset Beach, Brunswick County. Proposed Project: The construction of a 19 lot subdivision at Sunset Beach. Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 16, 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 9 Z3 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 25,2003 MEMORANDUM RECEIVED f)r.T 2 9 2003 TO: Mr. John Sutherland, Chief A-OF10pAWALM� Water Planning Section �G` Division of Water Resources FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: EDWARD M. GORE / NORTH SHORE DRIVE PROJECT LOCATION: NORTH SHORE DRIVE @ 19TH STREET, SUNSET BEACH, BRUNSWICK COUNTY. PROPOSED PROJECT: CONSTRUCTION OF A 19 LOT SUBDIVISION AT SUNSET BEACH. Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 16, 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. zf 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. SIGNEDr // DATE 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 RECEIVED NO n 6 2003 NCDENR North Carolina Department of Environment and Natural ResourcesIV°®F"1�11,N9ANAG . Division of Coastal Management RL Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary September 25,2003na?ZI 'k# MEMORANDUM -SEP 28 2003 TO: Ms. Renee Gledhill-Early,Director �� Division of Cultural Resources '9' ;W WiT10N OFFICE Archives &History Building f✓ FROM: Doug Huggett Major Permits Processing Coordinator � m `0 SUBJECT: CAMA PERMIT APPLICATION REVIEW o r l APPLICANT: EDWABD NT GORE / NORTH SHORE DRIVE PROJECT LOCATION: NORTH SHORE DRIVE @ 19TH STREET, SUNSET BEACH, BRUNSWICK COUNTY. PROPOSED PROJECT: CONSTRUCTION OF A 19 LOT SUBDIVISION AT SUNSET BEACH. Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 16, 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. 0 DATE 11 A19M va OCT 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 0 2 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 September 22, 2003 MEMORANDUM RECEIVED TO: Mr. Charles F. Stehman, P.G., Ph.D. SEP 2 4 2003 Division of Water Quality/Groundwater Section 3MORO GEIOENI FROM: Doug Huggett ON�l Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE &.FILL Permit Application Review Applicant: Edward.M.-Gore, Sr./North Shore Drive Project Location: North Shore Drive @ 19th Street, Sunset Beach, Brunswick County. Proposed Project: The construction of a 19 lot subdivision at Sunset Beach. Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 16, 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. SIGNS) 07J )ATE 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 Ala 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 22, 2003 VIECEIVED MEMORANDUM SEP 3 0`2003 TO: Jeff Curtis, LPO aWOCOASTALMMMENNI Town of Sunset Beach FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Edward M. Gore, Sr./North Shore Drive Project Location: North Shore Drive @a 19th Street, Sunset Beach, Brunswick County. Proposed Project: The construction of a 19 lot subdivision at Sunset Beach. Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 16, 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: 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 a/ - '� DATE k-P o 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�EIYED ��- OCT 16 Z003 NCDENR North Carolina Department of Environment and Natural Resourcaf•CF " Division of Coastal Management Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary September 25,2003 nrf MEMORANDUM TO: Mike Kelly,Acting Director OCT — 7 2003 Division of Environmental Health FROM: Doug Huggett e H cAMIT' .Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: EDWARD M._GORE/-NORTH SHORE DRIVE PROJECT LOCATION: NORTH SHORE DRIVE @ 19TH STREET, SUNSET BEACH, BRUNSWICK COUNTY. PROPOSED PROJECT: CONSTRUCTION OF A 19 LOT SUBDIVISION AT SUNSET BEACH. Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 16, 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 )v klll.^(i(LLt( 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. e SIG NE I DATE D l P 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 � 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 22, 2003 MEMORANDUM ��EIVED TO: Dan Sams SFP .9 0 2003 for: Mr. James Simons, Director Division of Land Quality 3N O'FOOASTALMAWAGEMEN, RALEIGH FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Edward M. Gore, Sr./North Shore Drive Project Location: North Shore Drive C 19th Street, Sunset Beach, Brunswick County. Proposed Project: The construction of a 19 lot subdivision at Sunset Beach. Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 16, 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. I` Erosion 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 DATE 2c».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 �±Wr• r� . 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 25,2003 MEMORANDUM IV TO: Bennett Wynne NOV O 7 2003 Wildlife Resources Commission ATTN: Habitat Conservation Program .0000ASTALMOGE9E'. RALE40H FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: - EDWARD M. GORE / NORTH SHORE DRIVE PROJECT LOCATION: NORTH SHORE DRIVE @ 19TH STREET, SUNSET BEACH, BRUNSWICK COUNTY. PROPOSED PROJECT: CONSTRUCTION OF A 19 LOT SUBDIVISION AT SUNSET BEACH. Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 16, 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 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 A7A RMENR J.. 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 22, 2003 MEMORANDUM TO: Fritz Rohde ' R Mr. Preston P. Pate, Jr., Director Division of Marine Fisheries jr� ) 2.i�03 J FROM: Doug Huggett Major Permits Processing Coordinator GA F-HABITAT SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Edward M. Gore, Sr./North Shore Drive Project Location: North Shore Drive @ 19th Street, Sunset Beach, Brunswick County. Proposed Project: The construction of a 19 lot subdivision at Sunset Beach. Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 16, 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 1 1 ( d 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-395-3900\Fax: 910-350-2004\Internet: http://dcm2.enr.state.ne.us An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper fi RECEIVED ' DEC 0 2 2003 NCDENR North Carolina Department of Environment and Natural Resources (.�.0 Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary September 22, 2003 MEMORANDUMi' TO: Ms. Noelle Lutheran N. for: Mr. Alan W. Klimek, P.E., Director Division of Water Quality o `f •.:�,.�. FROM: Doug Huggett f� Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Edward M. Gore, Sr./North Shore Drive Project Location: North Shore Drive @ 19th Street, Sunset Beach, Brunswick County. Proposed Project: The construction of a 19 lot subdivision at Sunset Beach. Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 16, 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: his agency has no objection t the project as propos d.41 �P�Z¢se, sew Cam s off (¢rna,(;,��ro arc[ "14C . 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 1`�. �� P ��.t.� ATE d 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 22, 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: Edward M. Gore, Sr./North Shore Drive Project Location: North Shore Drive C 19th Street, Sunset Beach, Brunswick County. Proposed Project: The construction of a 19 lot subdivision at Sunset Beach. Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 16, 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: Oe?his 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. v115 pied iS ro�C0{4/�S/ lbKsish7d '0 I% *t I-00 This agency objects to the project for reasons de/scribed in the attached comments. 9 SIGNED DATE 3 D03 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 1 MIKE McINTYRE a'-� u�cz;� GCX I C^/1Q /0c- t•.TI NTH DISTRICT,NORTH CAROLINA COMMITTEE ON AGRICULTURE `� C'HIP �F_ SCJ RANKING MEMBER ongregg of the E.uiteb a4tateg ASSISTA CO-CHAIRMAN / RMAN SUBCOMMITTEE ON SPECIALTY CROPS SPECIAL OPERATIONS FORCES CAUCUS SUBCOMMITTEE ON CONSERVATION, gouge of Apre5cutatibm CO-CHAIRMAN ' ' .j CREDIT,AND RURAL DEVELOPMENT TASK FORCE ON FATHERHOOD I Wa5bington, �X 20515-3307 COMMITTEE ON ARMED SERVICES Co-CHAIRMAN WEB PAGE: COALITION TASK FORCE ON SUBCOMMITTEE ON TACTICAL AIR AND LAND FORCES www.house.gov/mcintyre BUSINESS AND TECHNOLOGY SUBCOMMITTEE ON TERRORISM, STEERING COMMITTEE UNCONVENTIONAL THREATS AND CAPABILITIES September 6, 2003 RURAL HEALTH CARE COALITION I i Reply to:Wilmington ���EIVE® SEP 10 2003 Mrs. Donna Moffitt N.C. Division of Coastal Management JN.®FCO RAALO�AGEMEN't 1638 Mail Service Center Raleigh,NC 27699-1638 Dear Mrs. Moffitt: I am writing to you on behalf of Ms. Margie L. Ozier regarding concerns about her coastal property in Brunswick County. Enclosed for your reference is a copy of her recent detailed correspondence to me relative to this situation. I would appreciate your giving this matter every possible consideration and keeping me informed until a final disposition has been rendered. Thank you in advance for your assistance with this request. Sincerely, Mike McIntyre Member of Congress MM:mes 228 CANNON HOUSE OFFICE BUILDING 301 GREEN STREET,ROOM 218 701 NORTH ELM STREET 201 NORTH FRONT STREET,SUITE 440 WASHINGTON,DC 20515-3307 FAYETTEVILLE,NC 28301-5088 - LUMBERTON,NC 28358-4895 WILMINGTON,NC 28401-3957 (202)225-2731 (910)323-0260 (910)671-6223 (910)815-4959 FAX:(202)225-5773 FAX:(91_0)323-0069 FAX:(910)739-5085 FAX:(910)815-4543 PRINTED ON RECYCLED PAPER a RECEIVED e BUG , 4 �C�D SEP 10 2003 ON OFCOANAIMA SEMEN, RALOGN 6493 Balls Mill Road Midland,VA 22728 August 5,2003 Honorable Mike McIntyre U.S. House of Representatives 228 Cannon House Office Building Washington,DC 20515 Dear Congressman McIntyre: I would like to ask your assistance with a problem that affects the coastal environment in your district in Brunswick County,North Carolina, and I thinks,reflects the current "develop at all costs"mania that is ongoing now. My family has owned property at the end of Gore's Landing Road by the Intracoastal Waterway,near Ocean Isle Beach,since 1960. My father sold it to me in 1975. I have never lived on it but planned to someday build a retirement home. The land between my property and the Intracoastal Waterway was tidal,with salt marsh,sea plants and grasses. The tree line starts with my property. As early as 1989,my neighbor began dumping on this tidal area. I finally reported this in 2000,when I saw huge concrete pieces piled along the banks of the Intracoastal Waterway with the waves splashing over them. I have 1989 photographs,a copy of a 1994 citation from the county for dumping and the 2000 photos. The CAMA office in Wilmington cited this man and told him to cease. As a result,he built a berm on the landward side of this area,where it had been as flat as a pancake before(see 1989 and 2000 photos), and is-now selling this tidal land to a developer. To make matters even worse,the Brunswick County government has approved a rezoning of this one plot from single family to multifamily so two-story townhouse/condos(on stilts)can be built. This spot is so small that the sewer must be run up a narrow strip of dirt road leading to the property(see zoning map). There is a reason that there is no bushy vegetation on this property being developed. It was too salty to support trees.Now,however,this little hillock sports lawn grass_ It is a travesty that the marsh is constantly filled in to create"golden opportunities"for, landowners and real estate developers. If we wish to continue to have a seafood industry and save the estuarine waters in North Carolina,we must act,one spot at a time,before it is too late. Please ask the CAMA office to intervene once more and protect this natural tidal area. This time, do core drillings and see what is beneath the berm that has been created in this location. I don't understand why,in 2000,CAMA permitted the property owner to y. October 25,2002 Janet Russell 127 Cardinal Drive Extension Wilmington,NC 28495 RE: Extension of North Shore Drive East on Sunset Beach&Development of New Lots Dear Janet, Lynn Woolard of Sunset Beach(who has discussed this matter with you)asked me to take photographs of the peninsula east of 19th Street on the back side of Sunset Beach where Ed Gore has proposed to extend North Shore Drive East farther east and develop (as I remember) 19 lots on 4.6 acres of"land." I think you are reviewing his permit application now. Whether this area should be considered"land" or"wetland"is, I believe,the fundamental question. [I have not been involved with this:Jssue until now.] Enclosed are photos of the peninsula that I took on October 9 and 15. I think there are enough landmarks to identify what was inundated. I would be happy to do a"walk around"if there are questions. The tides on these dates were not as high as they sometimes are. Nevertheless,tidal flooding of the proposed lots is very obvious. I think the photos also show pretty clearly that the road bed for extension of North Shore Drive East was also flooded. I can't imagine how the proposed new lots would perk unless an enormous amount of fill is brought in. I also question whether or not these lots can be developed without destroying wetlands based upon the vegetation I could identify. An expert opinion will be very important. I also recollect that the science advisory committee of the CRC was going to be reviewing definitions/delineations of Inlet Hazard Zones. I live in the Inlet Hazard Zone at the east end of Sunset Beach, and if the area of proposed development is not ultimately included in this zone, I would be surprised. [It was definitely bordering Tubbs Inlet in 1970 before inlet relocation. (See Cleary's Atlas.)] If that happens, lot sizes would have to be much larger than proposed. Your attention to our concerns will be most appreciated. Warmest regards, Terry Bond R E 0 E H V@ 1817 Main Street East Sunset Beach,NC 28468 OCT 2 8 2002 910-575-2304 - Email: jtbmist@aol.com DIVISION OF COASTAL MANAGEMEN7 U September 29, 2002 Ms. Janet Russell NCDENR, Division of coastal Management 127 Cardinal Drive Extension Wilmington N.C.28405 Ms. Russell It has come to my attention that you are reviewing a proposal for development of the East end of Sunset Beach across the road at 19�h Street. I understand that the proposal calls for 19 building sites on the 4 acre tract. As a homeowner near that end of the island I wish to voice my strong objections to the proposal. If you are familiar with Sunset Beach, you will know that this area consists of sand dunes, sea oats and other native vegetation. It provides a somewhat secluded location for tourists and homeowners to walk, fish, crab, and relax in the sand. It is a home to many clam and oyster beds, assorted wildlife and native birds. Much of this, especially the dunes, would be destroyed under the proposal and should be considered one of the worst things that could happen to the island environmentally. Additionally, the bulkheading of the area as indicated in the proposal would significantly alter the natural and changing bay itself. I also suspect that 19 additional septic tanks in this small area will further add to the pollution of the immediate bay area, and that additional docks will be the final blow to one of the only remaining natural areas on the east end of the island. Asa homeowner, I would also expect to see reduced property values for existing homes due to any expansion and deterioration of the area. I respectively urge you and your department to totally reject this proposal and opt instead for preserving as much of the natural beauty and environmental aspects as possible of this important part of the state of North Carolina. Sincerely, Henry C. Hale 1407 East Canal Drive Sunset Beach,N.C. a EnEIV OCT 10 2002 DIVI OF COASTAL MANAGEMENT 6 D SEP 19 2002 80 Oak Ridge Lane DIVISION OF Chapel Hill,NC 27517 COASTAL MANAGEMENT September 17,2002 Ms. Janet Russell NCDENR,Division of Coastal Management 127 Cardinal Drive Extension Wilmington,N.C. 28405 Dear Ms.Russell: I am writing to ask that the Division of Coastal Management reject the plan submitted recently by Mr.E. Gore of Sunset beach to establish 19 building sites on the Eastern End of N. Shore Drive on Sunset Beach Island. There'are a number of problems a development of this magnitude would create—either one of which would be cause for rejection. First, as you are undoubtedly aware,the ability of the island to accommodate septic systems has been"maxed out". Should you be skeptical of this,visit the island and look in horror at the unnatural steps being taken(elevated septic fields)to achieve workable systems. A concentration of 19 such as these on this tiny peninsula would raise further havoc on an already polluted set of canals and marshland. Incidentally,I suspect it is redundant to tell you that this area is already closed to the taking of shellfish. Second,to provide access,the plan calls for extension ofN. Shore Drive across existing dunes. These dunes,which would be leveled and destroyed, are today, covered with sea oats. They and the other vegetation existing on the dunes, provide life sustaining vegetation for our many birds and wildlife. It is important to note there are but two undeveloped natural areas on the Eastern End of Sunset'Beach. And that just a few short years ago,Mr.E. Gore petitioned your organization for permission to destroy the larger of these two areas(the area E of Main St and Canal Dr)by means of the planned creation of a large parking lot and clubhouse atop of the its dunes and grassed areas. Inasmuch as he was rebuffed(at least temporarily),it appears he has shifted gears and has now targeted the smaller peninsula for development. Lastly,as the result of my past experiences in these matters,I recall that a condition of"Public Necessity"is a prerequisite before a CAMA permit of this nature is granted. Let me assure you there is no possible way the term "Public Necessity"could be.associated with this high-density development proposal. In closing,1,again urge rejection of this petition which appears contrary to everything the Division of Coastal Management is striving to achieve. Very truly yours: es-7'Mr6rkel v Donna M. Cudworth 674 Azalea Rd. Daleville,Virginia 24083 16 September 2002 Ms. Janet Russell D E � �V� NCDENR, Division of Coastal Management SEA' 19 2002 127 Cardinal Drive Extension Wilmington, NC 28405 DIVISION OF COASTAL MANAGEMENT Dear Ms. Russell, I have owned a home on Canal Street on Sunset Beach, NC for over ten years and hope to retire there within the next two years. It has come to my attention that Mr. Gore is seeking a permit to build nineteen home sites across the bay from my house. Nineteen homes with nineteen septic tanks on 4.6 acres in this area seems a little much. We have a boat and are very familiar with the location; in fact,family members swim little children over to the area to that little beach area to enjoy its'natural charm. I have seen sand dunes on the beach destroyed by the weather these past years and now a person wants to further alter this serene.and lovely little island Pollution of the bay and the intercoastal waterway is already a problem and I think the cost to the environment far out-weighs any short-term profit motive. You are aware that many local fishermen put their nets into this bay so they can sell their catch. We have also had porpoise that have wandered in through Tubbs Inlet during high tide. I hope you will deny this permit due to its negative environmental impact. Sincerely, ACTLo-�cL Donna M. Cudworth Owner 1509 Canal Dr. Sunset Beach, NC September 15, 2002 Ms. Janet Russell NCDENR, Division of Coastal Management 127 Cardinal Drive Extension Wilmington,NC 28405 RE: Gore permit,North Shore Dr., Sunset Beach, Brunswick Co.,NC Dear Ms Russell: This letter is to inform you that we are opposed to the development of the small area of property across the road on 19`h Street. We hope that this development will be denied by CAMA due to the problems that will be created by nineteen building sites, a bulkhead around the point,building a road through the point and possibly nineteen docks. Further pollution will be created by nineteen septic tanks. Collecting shellfish is already prohibited due to the current pollution. The area is a natural habitat for wildlife and native birds and there are so few natural areas left on the island as it is. Also, Sea oats and native vegetation will be destroyed due to the road extension. Not to mention the flooding of the area during heavy rains and high tides. It's hard to imagine any buildings on that point let alone nineteen homes on such a small parcel of land. Please take these points into consideration when making your decision. Thank you for your time and careful consideration of this issue. Sincerely, $0MDdFran Thomas 403 18" Street Sunset Beach,NC 38468 910/579-1788 D -9GKVTM SEP 1 20u COASTAL'VISION OF MANAGEMENT 4 _ 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 June 11, 2002 Mr. Robert S. Northington, Jr. 1190 Arbor Road Winston-Salem, NC 27104 RE: Proposed Ed Gore Development North Shore Drive, Sunset Beach Dear Mr. Northington: Thank you for your letter that was received on June 7, 2002. In answer to your question, yes, I have visited the site on more than one occasion. At least one more site visit will be necessary prior to us working on the application package. The permit decision is arrived at in the following way: An applicant submits a Major CAMA Permit to the Division of Coastal Management (which acts as an umbrella agency in the permit process. Division staff work with the applicant to get together a complete package of information. The Division prepares a synopsis of the proposed project and distributes the synopsis and the entire application package to other resource agencies for their review and comment. Once those comments and recommendations are received back,the Major Permit Staff of the Raleigh DCM. reviews everything and either issues the permit with conditions or denies the permit. The applicant then has the right to accept the permit and all conditions, contest one or more of the conditions, or contest a denial if that was the outcome. I have attached a list of the other agencies that review all Major permit applications. Some of the individual people may have changed but the agencies are the same. The Town of Sunset Beach will also review the application to check for compliance with the local rules and regulations as well as the local Land Use Plan. The disposition of the application is that I haven't looked at it yet. The application has been submitted, but I have . not had time to review it for completeness. I should get to that later this week. If it should happen to be a complete, perfect submittal, we would be looking at a minimum of 60 days to process the application (write the synopsis, distribute to agencies, advertise in the paper, review comments from agencies, etc). A copy of your letter along with the pictures will be placed in the application file and a copy will be forwarded to our Raleigh office along with the permit application, when it's ready. 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 Development Type FEE DCM ro DWQ---A (14300 1601435100093 1625 6253) (243DO 1602 43510D0,95 2341) 1. Private,noncommercial development t does not involve the filling or excavation of any S250 100%(MO) wetlands or open water areas: 11. Public or commercial development that does not involve the filling or excavation of any wetlands or open -S4OD 100%(SADO) O%(SO) waterareas: Ill.For development that involves the filling and/or excavation of up to I acre of wetlands 2ndfor open water areas,determine ifA,h,C.orD belowapplies.- lll(A�Tor Private,non-commercial development if General water Quality Certification NbMOI(see attached) 'S25O I DO%(S250) can be applied. 0%(SD) 111(13): For public orcommercial development U General water Quald Certification No.3301(see attached) S400 100%.(S400) can be.-applied: 0%(SD) III(C)A General'"r,luafity Certification ND.33DI:(see attached) could be appried.but DCM-stziff- determined,that.additional Tevi mw.an 4400 T*n:DWQ:concir�ence-:-- 60%(S240) %-(SI6 a 40 0 quAIV.'or.aqLmfr 111P�JILenerAt Water.Oubdity. Ced-matioriNc�ioj,(see�e 00 %-( b. S24O) AD%(SiSo can mot -appjied;,�. j—Ford evelPmentthatiniolvis-- the num qzndlorje;jrava 4 7"1r W NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary September 22, 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 - Edward M. Gore, Sr./North Shore Drive Dear Ms. Sweatt: Please publish the attached Notice in the Thursday, September 25, 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 rely, 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: 910-35072004\Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an Area of Environmental Concern as designated under the CAMA was received on September 17, 2003. According to said application, Edward M. Gore, Sr. at North Shore Drive @a 19th Street, Sunset Beach, Brunswick County proposes the Construction of a 19 lot subdivision. , 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 16, 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. 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 19,2003 Mr.Edward M. Gore, Sr. 351 Ocean Ridge Parkway Sunset Beach,NC 28469 Dear Mr. Gore: The Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your property at the end of North Shore Drive in Sunset Beach, Brunswick County. It was received as complete on September 17, 2003,and appears to be adequate for processing at this time. The projected deadline for making a decision is December 1, 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 September 17,2003;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. I S'cerely, es H. Gregson District Manager cc: -Doug Huggett,DCM Charles Jones,DCM Caroline Bellis,DCM Jeff Curtis,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 No I 1 19A AMA PE . M. 1-T APPLI,. E . F R PROJE T: The Con G O V% a S% COMMENTS ACCEPTED THROUGH 2003 APPLICANT: FOR MORE DETAILS CONTACT T E LOC PERMIT OFFICER BELOW: b"N SQ saw DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM Name of Individual Applying For Permit: 21t L L RaA-e, P Address of Property: / 3 /U (Lot or Street #, Street or Road) -8,e,--1 L/ r (City 6nd Couiity)--.- I hereby certify that I own property adjacent to the above-referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawing, with dimensions, should be provided with this letter. I have no objections to this proposal. If you have objections to what is being proposed, please write the Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405 or call 910-395-3900 within 10 days of receipt of this notice. No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION I understand that a pier,dock,mooring pilings,breakwater,boat house or boat lift must be set �bck a minimum distance of 15' from my area of riparian access -unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. 1 do not wish to waive the 15' setback requirement. �4 Sign Name Date t Print Name A OLINA MEW OF 5�Q S. R HMENT AND N AL RESOURCES ,� �F ANT Telephone Number with Area Code can k\VAt 1r 7CPfagroperty.frm Go AS I MAY 1 7 2002 DIVISION OF COASTAL MANAGEMENT •. (DomesticMAIL RECbPT o4ns6rancii-Coverage Provided) u-, W16100t!C2010 ' A L U ' ru Postage $ $0.57 ry 0459 �O Certified Fee 06 0.50 Return Receipt Fee Postmark C3 C3 (Endorsement Required) Here C3 Restricted Delivery Fee i O (Endorsement Required) 05/14/2002 C3 Total Postage&Fees rl rn Sent To tU z--------—-------------------- Street,A .No.; ----------------------- a or PO Box No. o .owl Clty, e,ZIP+4 •. (DomesticCERTIFIED MAIL RECEIPT Only; No,Insurance Coverage • •-• N t ' t ..o CIfRR1.OTTE N 28111 m Postage $ f0.57 "' 0459 Rl Certified Fee 06 Cr �1.50 Postmark Return Receipt Fee Here ru (Endorsement Required) o Eff. 1-3 RestrictedDelivery Fee � (Endorsement Required) O Total Postage&Fees 05/14h0021 Er nt T �_ � Stre ,Apt. o.; , or PO Box NoI —C0rJ r` ----- ----- �j O Clry,State,ZIP v r%- :�e rr + L. MAY 17 2002. DIVISION OF E COASTAL MANAGEMENT;, I ' STATE Or NORTH CABot,INu BOOK 264 rAct '24 coum Y of BRUMMam THIS DEED, Nodethis the day of November, 1971, by and batvee X. C. LOBE and vita. MI27A RUSE CORE, of Brunswick County. North Carol , parties of the first parts and EDWARD H. GORE of Brunswick Count North arolina, party of the second parts j WI 'fNE8SETN r THAT the said parties of the first part, for and in n deration of `:'1'•' the sum of TEN DOLLARS AND OTHER VALUABLE CONSIDERATIONS. to th in d paid b the said party' of the first part, the receipt which h eby acknov edged, have bargained and sold, and by thee pr eats do hereby bargai , sell, and convey unto the said party of he econd-part, is sirs �? `•;. and as igns. all that certain tract or pa a of 1 d, ing and b ing in C;` Shall& to Township, Brunswick County, t Caro no, nd more parti lakXy desert ed as follows BEGINNING at an it pip in t ce orl a of th Street y.;'•: extended; said pip bein to ted rth 11 eg ea 01 minutes West 1 .2 feet rom a centerlin intersection '` ' of said Stre wi Ca 1 Driv (both Streets having a width of 30 feat or a purpo of is description); thence from said be nin South 9 de Bea minutes Weet 512.85 feet to . an iro pip , then th 7 degr s 31 minutes West 789.54 ;. feet an on th eastern Lin of Sunset Boulevard (being 100 fee in w h)i one with id Boulevard North 9 degrees i 51 minute West 4 .53 feet to an iron pipe; thence continuing I d B ova North 10 degrees 27 minutes West 2.226.68 ' feet to IT pip in the southern right-of-way line of the Coati 1 eras thence with said line North 76 degrees r 37 min es st 2 .3 feet to an iron pipe; thence South 10 J. j. degrees 7 mi utes st 2,230.64 feet to an iron pipe; thence 1. �:'';<:; North 74 'egr es 54 minutes East 1.180.20 feet to an iron pipe; !•.;;: thence No th 4 degrees 51 minutes Ea9t 917.73 feet to an iron x';;:;' ;• pipe; th ..ce outh 76 degrees 27 minutes East 502.32 feet to an once North 65 degrees 42 minutes East 2,043.10 feet ' to an ire, pipe; thence South 28 degrees 07 minutes East 218.95 l , n iron pipe; thence South 76 degrees 32 minutes West 2,18 .00 feet to an iron pipe; thence South 79 degree& 04 x .' :�rnuvtVEae Wast 1,398.60 test to the pcini of beginning. containing acr•a, more or loss. ToNA AND 10 HOLD the above described tract or parcel of land, get her with all psSvilrges and appurtenances thereunto belonging unto the . . :.::: •. said arty of.the second part, his heirs and assigns, to their only use .: ' I y sad behoof FOREVER. , AND the said parties of the first past covenant to and with the .. said ay of the second part,'hie heirs and assigns, that they are saile rt d �.t of tim k said premises in fee and lave a right to convey the ease in fee simple;............... .... i �• ' •'•..r /. ' } '. ' • ♦....,.. M . lire/ nr �•. 1 east'2G4 t Or V-1 S-1-O ,� G: that the agar is free and clear of all sncuabr&ac•&t and that they do. .:.•, . hereby warrant and will forswr defend the title to the sase'agetuet the tE `k lawful claim of all persona WHOMEVER. E Tb WITNESS WHEREOF said parties of the ftr&t part haw hereunto 0at their hands and &sale as of the day and year tiret aboniSEW wrieten. ! M. C. CORE t r' ?;:' •t MINA RUSE GORE' t iTATZ OF NORTH CAROLINA ;' r{ COUNTY OF a « r` I Notary•Pub . ebr rt of ;i i .. csrtify that M. Co GORb and wife) MINA S per•on•i r a passed before ._ ne this day and acknowledged the us a cut o • fo go g dad for the j . J . y purposes therein &at forth. I:. V1 �i ter. • t. i a''�•'r �' : WITNESS xv an 0 ar i a a the Aay P71. ' c' ,:. N AEY PUBLIC 1a)�I `'i,' .��},y ,.,<; ,�• Cossiesion apir t 9TE ► v'dflwt ';: -eti+ :� t CyD :,. ,.;.. , Glu• ' �r . ' SFER RECORD �.' ��;.,�,.;t''r`• ' ''•��t�.i'� RS a 11 , DEC 10 1J. 911 g P NO CARO A MONSWWR cht TT N.a TAX SUMRV180k 00 0? B SW a f ego •r ificate of a otery Publi of Bruiw, County, North Carolina, 1e certified to be correct. P sated s r gistration and recorded in this office in Book ,at 5' This he day of— �1Lr.�� _, "71. at SOo cloet, REGISTER OF.=D6 : r. . t ` /rr . . •.., ti' ,' .' . ' ., .. •'. ',.. .' ,' r '.: .•. .•! ;,ass'.::,�.wx.M.�vryr.•:�•t•:r�+0rt�',M!R1. 1 a�� { 44. Pis 4. 'I ooturlt OF sl xonCX r: . . Hade this the 10th day of Junes 1970t by =4 ►etvosa Nostk soWeN and vile. o! Brunswick County, ^ +' JAMZS C L. . HAIY'J. sOWF11, 1 i 1� • ' MID MIN.1,AIC;1 t INC.r e! sruiars� �_ , V. part!" of tbd first Past{ sad.flfl0 'l bT ,y ' County.'North Casoltaat party of the second part] . .( Ij, ..� 1 . .•. • . WITNBSSSTH • t:�`j�;;, i Ill � �,:•• + 'I ;!`• ` of the first parts for a" to poa�iderstisa s! 2M the part!" 4 . . . the snta 1 VAWABts OONIMBRATIONS, to two is bm" • of 11z DOLLARS AND 02f1s r1 4; . Lv Party of the second part, the. receipt of which i. botchy •Claw- I{1. paid by the P y here b• la, "U'a + ' ledgsd. have bargained and eoi4, and by th bar us presents do by e :Y a► sal I'! `•"IPartyo! the second Part.'its successor@ an4 assi mar 3 4 I4F and Convey to the ::•. to the ssstrietions,. exeaptio, and raservationa that.will be bersisafter roses• bein is Ihalletts �{ all those certain lots or parCslo of land lying sad' p ,� ; •,• ;:% � •@need. , North�arp lose the excs tioae bereisaftot eat 2rr+n-+chip. ssuna++itk-County.- e>zC options being sera particularly dooetiMW l.:. ou` both the lead conveyed and the :' is t, follow l NO, MI recorded is f� ALL of stocks 17, 18; 19 and 20 as shown on • maP the office of the Register of Deed@ of Brunswick County In Ib1 ' :•1. s .;? nook 8 at lags 7. scunsvick'.County Registry! + °' •' x e tiont Beginning at a point in the northwest Cotner of dock , 1 . 17 (the Intersection o! eastern edge of 16th @treat and routh'am 4 i t edge of North Shore Drive)! thence with the southern lightoothe •i` �.trr• line o! North Shore Drive north 820 20' Cut 600.24 feat'to I , ?; northeast Corner of Block 19 (the intersection of the aouthere i ;'•i"! d edge of North Shore Drive end the western edge of 19th ftrsst)l •y,,c,! '• thence with the wstern edQ4 of 19th Street youth 60 OOt eu�e 970 feat. to • It point in the northorn edge-of the Chamal{ �•.?,: a roleeted line of the western edge oi'19th Street south 6° OO' •' 'qy... CRY , s !• �.� W �! p point in the Channels thence in a wsterly . ! at 100 feet to • po ao ! site tha projected.esatara line of fits ah 1" E direction to a point oppo Water mark of nottharn edge while point is 100 feet south o! High o! said Channel. thence with the projscta4 "stern line of 16 t1 Street mortb•6° 00* vest 100 fast to • point in the the n no RUM* ;,. [-Way line o! 16th' which Point is located la the rthetm ed • of the Channel and is also located S00 fast.o south e! the Wool, F f; section of the eastern light-ot-Hay line of 16th aidStr point and the southern fins oL Month Shore Drivel thence from acid point sad rim --the eastern light-ot-WAY line eL 16th Str@st north 6o OO+�ars rn ' . !,• feet PGM to the p0ills AMD pLACg Of stOINNIMO. And being the ells@ of , is is of Dlooke 17, 18, and 19 of the property conveyed to the Pa , the first part by Dead recorded In the office Of the Register of Dead of Brunwiek Gouty is nook gd-.At page 4Q.. � !' ! / horn oa that nap recorded is the offices of tM lrgls tag:° `• '• ;�:: further a County im Hai nook 8 at Tap 7„ Deeds of srunsviak ty . , -. �•.. .,, ;i V. r.1!�,y yr• v. , .i:.:1;1:1',:�.,'Al'r' �w •7 •..ar.':..'•.�.• �f�r\TJ/�� :....{#j,: sr vrl�''f' ,�,.�',•.1•I. ;.�' ; ,i',', ,{!'Y r�' �1,� 1 '' .. •'" r�, ♦r� I 1 t.�;ti: 1. pi:; (1.° .;�! '.i i'J "•I'.,4t' '1:r '1.• t.'Y :' r ^"' \ fl'1�d)•I 'I°, i F7' 'sir ij!:;ti''i�ti '1 s ./. .r, /u:. d• %•i, 111; `Q G sky' •i� �"a"q'r!�"!"'if47�tr'iv ,y• .' . . _