176-03 Kirby, Henry & Tina

Permit Class Permit Number
NEW 176-03
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
Permit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Henry & Tina Kirby, 608 Sara Lawrence,Raleigh,NC 27609
Authorizing development in Pender County at adi.manmade canal off Banks Channel/Tovsail
Sound, 128 McLeod Ave..Topsail Beach , as requested in the permittee's application dated 9/9/03.including the
attached workplan drawing (1), dated 9/8/03.
This permit,issued on December 5,2003 , 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.
Jet Ski Lift
1) This permit authorizes only the new jet ski lift at the existing docking facility, creating a third slip, located in or
over the water that is expressly and specifically set forth in the permit application. No other structure, whether
floating or stationary, may become a permanent part of this docking facility without permit modification. No
non-water dependent uses of structures may be conducted on, in or over public trust waters without permit
modification.
2) No sewage, whether treated or untreated, shall be discharged at any time from any vessels using the docking
facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the
permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the
permitted structure.
3) The authorized structure and associated activity must not cause an unacceptable interference with navigation.
(See attached sheet 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
personnel when the project is inspected for compliance. !/
ff&nna D. Moffitt,Director
Any maintenance work or project modification not covered
hereunder requires further Division approval. Division of Coastal Management
All work must cease when the permit expires on This permit and its conditions are hereby accepted.
December 31,2006
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
nagement Program. Signature of Permittee

--------------------
Henry & Tina Kirby Permit#176-03
' Page 2 of 2
ADDITIONAL CONDITIONS
4) No attempt will be made by the permittee to prevent the full and free use by the public of all navigable
waters at or adjacent to the authorized work.
5) The authorized jet ski lift shall have a minimum setback distance of 15 feet between any parts of the
structure and the adjacent property owner's riparian access corridor
6) The permittee will maintain the authorized structure in good condition and in conformance with the
terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the
permitted activity without having it transferred to a third party.
7) This permit does not authorize the interference with any existing or proposed Federal project, and the
permittee will not be entitled to compensation for damage to the authorized structure or work, or injury
which may be caused from existing or future operations undertaken by the United States in the public
interest.
8) The permittee must install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent
reflectors should be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
9) This permit authorizes a 1-slip expansion bringing the total number of slips for the permitted docking
facility to 3. At no time shall more than 3 vessels be moored or docked at the facility. The restriction of
the number of vessels shall apply to all marine vessel types, including but not limited to motorboats,
sailing vessels and personal watercraft.
General
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] 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 N.C. Division of Water Quality has assigned the proposed project DWQ Project No.
031405.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No.
197800056 (COE Action Id. No. 200400141) which was issued on 11/17/03.

ANN-Uh
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 5, 2003
Mr.&Mrs.Henry Kirby
608 Sara Lawrence
Raleigh,NC 27609
Dear Mr.&Mrs.Kirby:
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, [phone] within twenty(20) days of this decision on
your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit
within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the
final decision on any appeal.
The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out
in accordance with your application. Modifications, time extensions, and future maintenance require additional approval.
Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work
done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements.
From time to time, Department personnel will visit the project site. To facilitate this review, we request that you
complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit
conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance.By
working in accordance with the permit,you will be helping to protect our vitally important coastal resources.
Sincerely,
Douglas V.Huggett
Major Permits and Consistency Manager
Enclosure
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone] FAX: [phone] 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: Henry and Tina Kirby
2. LOCATION OF PROJECT SITE: 128 McLeod Avenue, Topsail Beach,Adjacent to man-made canals
to Banks Channel/Topsail Sound,Pender County
Photo Index-2000: 25-323 N-13 1995: 25-305 M-N-10 1989: 173-28 I-8
State Plane Coordinates-X: 2407632.764 Y: 221793.531 GPS File: Q101419A
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit- 10/14/03
Was Applicant Present-No
5. PROCESSING PROCEDURE: Application Received- 10/02/03
Office-Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan-Topsail Beach
Land Classification From LUP-Developed/Conservation
(B) AEC(s)Involved: EW PT OH
(C) Water Dependent:Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing-Septic Tank
Planned -N/A
(F) Type of Structures: Existing-Single family residence,Pier,dock, float and boatlift
Planned -additional boatlift for jet-ski
(G) Estimated Annual Rate of Erosion:N/A
Source-N/A
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A)Vegetated Wetlands
mixed high marsh
(B)Non-Vegetated Wetlands 24 sq. ft.
Open Water incorporated
(C)Other
(D) Total Area Disturbed: 24 sq. ft.
(E) Primary Nursery Area:No
(F) Water Classification: SA Open:Yes
8. PROJECT SUMMARY: The applicant proposes to add a single pole jet-ski lift to his existing pier,
float and boatlift.

Henry and Tina Kirby
Page Two
9. PROJECT DESCRIPTION
The applicant's property is located at 128 McLeod Avenue,in the Town of Topsail Beach,in Pender
County. The property is located adjacent to the man-made canals on the south end of Topsail Island
adjacent to Banks Channel/Topsail Sound. To get to the project site,travel to the end of South Anderson
Blvd. in Topsail Beach,turn left onto Trout Avenue. At the end of Trout Avenue,turn right onto Ocean
Blvd,travel approximately 0.1 mile on Ocean Blvd. and turn right onto McLeod Avenue, 128 McLeod
Avenue is on the left.
The highground property consists of a single-family-residential lot measuring approximately 90'deep and
approximately 60'wide. The elevation of the property is approximately 5 feet above normal high water.
The existing highground development on the property includes a single-family dwelling and driveway.
The yard consists of sparse lawn grasses and a few ornamental shrubs. In addition,there are several wax
myrtles(Myrica cerifera)adjacent to the bulkhead and a red cedar(Juniperus virginiana)under the
stairway. The property shoreline(southern side)is stabilized with approximately 60'of vertical bulkhead.
The width of canal in front of the applicant's property is approximately 160'.
In this area of the southern canals,the bulkhead is also the normal high water line. The applicant has a
concrete header across the top of the bulkhead. An existing 8' by 12' platform extends waterward parallel
to the bulkhead. A 4' wide walkway adjacent to the platform,to the west, accesses the 8' X 16' float
waterward of the platform. On the western side of the float/platform/walkway is a 13' X 13' boatlift.
Currently,this structure could provide docking space for up to two vessels.
The waters adjacent to the project are classified as SA by the Division of Water Quality. The area is not
designated a Primary Nursery Area and is open to the taking of shellfish.
The applicant is proposing to add a single pole jet-ski lift on the eastern side and landward of the floating
structure. The project as proposed would provide docking space for up to three vessels. The proposed jet-
ski lift would have approximately 2.0'of water depth at low tide.
10. ANTICIPATED IMPACTS
The proposed jet ski lift would result in the incorporation of an additional 24 square feet of public trust
area. Minor increases in turbidity can be expected during construction
Submitted by: Joanne Steenhuis Date:November 6,2003 Office: Wilmington

Recommendations for State Permit—Henry and Tina Kirby
It is recommended that a permit be issued to authorize the single pole jet ski lift with the following conditions:
1. This permit authorizes only the addition of the 4 by 6'jet ski lift that is expressly and specifically set forth
in the permit application. No other structures, whether floating or stationary,may become a permanent
part of the structure without permit modification. No non-water dependent uses of structures may be
conducted on,in, or over public trust waters without permit modification.
2. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable
waters at or adjacent to the authorized work.
3. The authorized structure and associated activity must not cause an unacceptable interference with
navigation.
4. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S.
Coast Guard,through regulations or otherwise,on authorized facilities.
5. In order to protect water quality,runoff from the construction must not visibly increase the amount of
suspended sediments in adjacent waters.
6. Future development on the permittee's property may require a modification of this permit. Contact a
representative of this Division at [phone] prior to commencement of any such activity for this
determination.
7. The construction of the proposed project shall be in compliance with all local, State and Federal regulations
and associated permit conditions.
8. The permittee will maintain the authorized work in good condition and in conformance with the terms and
conditions of this permit. The permittee is not relieved of this requirement if he abandons the project without
having the permit transferred to a third-party.
New
RE
NOV 0 7 2003
JW•0F( A���
RAID
127 Cardinal Drive Extension,Wilmington, North Carolina 28405-3845
Phone: [phone]\Fax: [phone] Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper

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Form DCM-MY-1
I
APPLICATION
(To be completed by all applicants)
b. City, town, community or landmark
1. APPLICANT
c. Street address or secondary road number
a. Landowner: —
1;X mf.�� �,4-
Name .` x �, d. Is proposed work within city Iimits or planning
jurisdiction? - Yes No
Address Sara, -� e. Name of body of water nearest project (e.g. riv ,
City_ �, State r'�, creek, sound, bay) 8 6i r1 K S
_ ( 1.�rA.h P
Zip ;n(009 Day Phone
Fax
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
b. Authorized Agent:
Name a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier,and
7 excavation and/or filling activities.
Address K X r
City l,.__J I nl. n State 'r
Zip a ��` t"). Day Phone t= ~��01` 1 b. Is the proposed activity maintenan of an existing
project, new work, or both?
Fax 910 ` 7 1 0' (;a 7 c' ?t
c. Will the project be f&r public,private or commercial
use? 0
c. Project name (if any)
d. Give a brief description of purpose, use, methods of
consti ction and daily operations of proposed
NOTE. Per7w,O be irk in,-arw qf rfs).and/or project. If more space is needed, pi�ease attach
projecr maw. additional p es.
s
.1
2. LOCATION OF PROPOSED
PROJECT
a. County
Revised 03195 •:

Form DCM-TRIP-1
m. Describe existing wastewater treatment facilities.
4. LAND AND WATER S'G 12T t C�
CHARACTERISTICS
a. Size of entire tract to Z n.. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
b. Size of individual lot(s) waste'ater, industrial commercial effluent, 'wash
down c� recidential,¢is,::harge�,
c. Approximate elevation of tract above MHW or
NWL 4 4= P121-
d. Soil t;pe(s) anntexture(s) of tract o. Des tin, 'be exisg g water supply source.
e. Vegetation on tract MCAL1. k) e.S
0
f. Man-made features no on a I'7
5. ADDITIONAL INFORMATION
g. What is the CAMA Land Use Plan land In addition to the completed application form, the
classification of the site? (conutr ve local lurid use>lw ) following items must be submitted:
Conservation Transitional
Community 0 A copy of the deed (with state application only) or
Developed
Rural CoinOthe other instrument under which the applicant claims title
to the affected properties. If the applicant is not
h. How is e tract zoned by local government? claiming to be the owner of said property, then
forward a copy of the deed or other instrument under
which the owner claims title, plus written permission
1. Is the pro po ed project consistent with the applicable from the owner to carry out the project.
zoning? Yes No
(A--�z—ins comph—K —.fig, 1 -abk) An accurate, dated work plat ('including plan view
and cross-sectional drawings)drawn to scale in black
j. Has a professional archaeological essment been ink on an 8 12' by 11' white paper. (Refer to
done for the tract? Yes _K No Coastal Resources Commission Rule 7J.0203 for a
If yes, by whom? detailed description.)
k. Is the project located in a National Registered Pkase note that original drawings are preferred and
Historic District or does it involve a National only high quality copies will be accepted. Blue-Iine
Register Iisted or eligible property? pours or other larger plats are acceptable only if an
,
Yes _�No adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of
1. Are there wetlands on the site? Yes No Emgitieers regarding that agency's use of larger
Coastal (mom) Other drawings.) A site or location map is a part of plat
If yes, has a delineation been conducted? requirements and it must be sufficiently detailed to
(Anach dam. Ie) guide agency personnel unfamiliar with the area to the
Revised 03195

Form DCM:N- W 4
STRUCTURES
(Construction, within Public Trust Areas)
Attach this form to Joint Application for CAMA Major e. Moorin b oys
Permit, Form DCM-MP-1. Be sure to complete all (1) Com4ierc Community_Private
other sections of the Joint Application which relate to (2) Number
this proposed project. (3) Descriptiooy
a. Dock(s) a�td/or Pier(s) (Color, ' iption, size, anchor, etc.)
(1) Commercial Community_Private
(2) Number 14
(3) Length VIA
(4) Width (4) Width of water body
(5) Distance buoys) to a placed beyond
(5) Finger Piers No shoreline
(i) Number YesN/
(ii) Length �_ f. Mooring structure oatlift mooring pilings, etc.)
(iii) Width
(I) _ Commercial _Community Private
(6) Plarform(s) Yes No (2) Number
(i) Number (3) Length (�
(ii) Length (4) Width L.J
(iii) Width
(7) Number of slips proposed g. Other .v mplere description)
(8) Proximity of structure face t riparian
property lines
(9) Width of water body
(10) Water depth at waterward end f pier at
N MLW or WL
b. Boatho ncluding covered lifts)
(1) Commerc' Private _
(2) Lengthu-
(3) Width A
PP' t or jed Name
c. Groin (e.g. wood, shee il tc.) Sena
(1) Number
(2) Length(s) —�
Date 5
d. Breakwater (e.g. wood, sh �t ile, etc.)
(1) Length
(2) Average distance OUI NWL or
wetlands �lJ
(3) Maximum distance be on W, N-WL or
wetlands -

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RE�IIED
U.S. ARMY CORPS OF ENGINEERS 2, 4 2003
WILMINGTON DISTRICT
)N.OF/Ch�16I%k-
GENERAL1 '
Action Id. 06 01`I County_1 ek PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner O2+nru -4-T[ NCL k r4
Address �o Sara— Lawy 1°
P011"P 1 G 1 l U4 • �7�bg
Telephone No. —
Size and Location of project(water body,road name/number, town, etc.) s,�`� (D�G��e�,C 6-�
nr ye,
Description of Activity 44 nn Ar^ r a �T S � r"4 ' o
Applicable Law: X Section 404 (Clean Water Act, 33 U.S.C. 1344).
(check all that apply) _ K Section 10(River and Harbor Act of 1899).
Authorization: 6P /978600S(,Regional General Permit Number.
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 [phone]. For any
activity within the twenty coastal counties, before beginning work you must contact the N.C. Division of Coastal
Management, telephone [phone].
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the conditions
of the RGP or the NWP referenced above may subject the permittee to a stop work order,a restoration order,and/or
appropriate legal action.
This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to obtain
any other required Federal,State, or local approvals/permits. The permittee may need to contact appropriate State
and local agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Permit or Nationwide
Permit, please contact the Corps Regulatory Official specified below.
Date `L 17- 0 S
Corps Regulatory Official Telephone No. 10 251-tI230
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: Henry& Tina Kirby County: Pender
LOCATION OF PROJECT: 128 McLeod Avenue, Topsail Beach
DATE APPLICATION RECEIVED COMPLETE BY FIELD: October 2, 2003
FIELD RECOMMENDATION: Attached: YES To Be Forwarded:No
CONSISTENCY DETERMINATION: Attached:No To Be Forwarded:Yes
FIELD REPRESENTATIVE: Steenhuis DISTRICT OFFICE: Wilmington
DISTRICT MANAGER REVIEW:
B) DATE APPLICATION RECEIVED IN RALEIGH: 0 FEE REC'D:$ asu"
PUBLIC NOTICE REC'D: I/ END OF NOTICE DATE: f//3v/u3
ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: ,/
APPLICATION ASSIGNED TO: ON: t ( ( 7 `y j
C) 75 DAY DEADLINE: /v3 150 DAY DEADLINE:
MAIL OUT DATE: STATE DUE DATE:
FEDERAL DUE DATE: FED COMMENTS REC'D: I I l 1-7 I0
PERMIT FINAL ACTION: ISSUE DENY DRAFT ON
AGENCY DATE CONRAENTS OBJECTIONS: NOTES
RETURNED YES NO
Coastal Management-Regional Representative //l7 AA
Coastal Management-LUP Consistency
Division of Community Assistance
Land Quality Section / 1a7 * AIC.
Division of Water Quality LAO 5 dA
Storm Water Management(DWQ) ! �']fri3
State Property Office I 1Aorv?
Division of Archives&History
Division of Environmental Health
Division of Highways 11 a4 10
Wildlife Resources Commission t 1/l $/03
Division.of Water Resources
Division of Marine Fisheries
Submerged Lands(DMF
L

Permit# t7No-U-3
DCM Coordinator: is
MAILING DISTRIBUTION: l�
Permitee: 4Z tNjg.Y 1 t►J 1�4 t Rim /
Agent: }�r n L 07'�v✓GM
DCM Field Offices:
-E-tizat5ern City
Morehead City
.Wft44ff9t"n
Wilmington
US Army Corps of Engineers(USACE):
Wa Mike Bell (NCDO
i CDOT)
igh Bland
Wilmington:
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
john )
Water Resources: John Sutherland
Wildlife Resources:
Bennett Wynne
T.
FAXING DISTRIBUTION:
,Ra e�rrQf a
Agent at (v Ej
DCM Field Offices:
Biizarbeth-G4y
Morehead City
t�ac}+inatnn
Wilmington
US Army Corps of Engineers (USACE):
Wa to Mike Bell (NCDOT
ddl DOT)
ig Blan
Timpy ( G-110-
tlmington: D�a,;e ��� T �o T)
Henry Wicker
Updated as 2/28/03

NOU-24-2003 11:04 JACKSONUILLE DISTRICT 910346eO30 P.02
I NOV 1 4 2M
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
November 1p,2003
MEMORANDUM
TO: Mr, Roberto Canales
State Construction/Materials Branch
Division of Highways
FROM: Doug I luggett
Mzior Permits Processing Coordinator
SUI3-JECT: LAMA PFRMIT APPLICATION REVIEW
APPLICANT: HENRY AND TINA KIR13Y
PROJECT LOCATION: 128 MCLEOD AVENUE, 'TOPSAIL BEACH, ADJACENT TO MAN-
MADE CANALS TO BANKS CHANNI.,I, / TOPSAIL SOUND,
PENDER COUNTY.
PROPOSED PROJECT: ADD A SINGLE POLE JET-SKI'LIFT TO EXISTING .PIFR, FLOAT
AND BOATLIFT.
Please indivate below your agency's position or viewpoint on the proposed project and return this form
by December 1, 2003. if you have any questions regarding the proposed project, please contact Doug
Hubgett at [phone], ext. 245, When appropriate, in-depth comments with supporting data is
requested.
REPLY
This agency (t 1t no objection to the. proic4t as proposed.
This agency luts no comment on the proposed project.
This agency approves of the project, only if the recommended changes are, incorporated.
-� This a. envy objects to the project for reasons described in the attached comments.
SIGNET) V f s� r. nA ri; 4/0
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone]\FAX: [phone]\Internet: http;//dom2.enr.state.nc,us
An Equal Opportunity 1 Affirmative Action Employer-,50%Recycled\10%Post Gonsumer Paper
TnTAI P.27

XE
vr
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
November 6, 2003
MEMORANDUM ,,.,,,ftW-,"«
• ..
TO: Ms. Melba Laney NOV 2 0 2003
for: Mr. William A. McNeil, Director
Division of Community Assistance )%0FC0AT1 11,"NAGEMEN
&IL71'm
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Henry & Tina Kirby
Project Location: 128 McLeod Avenue, Topsail Beach, Pender County
Proposed Project: To add a single pole jet-ski lift to their existing pier, float and boatlift
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
November 30, 2003. If you have any questions regarding the proposed project, please contact Joanne Steenhuis
at Ext. 254. When appropriate, in-depth comments with supporting data is requested.
REPLY: / This agency has no objection to the project as proposed.
J This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are incorporated.
See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED DATE
127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845
Phone: [phone]\Fax: [phone]\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
November 6, 2003
MEMORANDUM
TO: Jimmy Canady, LPO
Topsail Beach NOV 2 0 2003
FROM: Doug Huggett IW.O�Cop7?"P.l"AGEMEN
Major Permits Processing Coordinator .......�A
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Henry & Tina Kirby
Project Location: 128 McLeod Avenue, Topsail Beach, Pender County
Proposed Project: To add a single pole jet-ski lift to their existing pier, float and boatlift
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
November 30, 2003. If you have any questions regarding the proposed project, please contact Joanne Steenhuis
at
910-395-3900. When appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are incorporated.
See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED JJ4DATE /6/ v 5
127 Ca dinal Drive Extension, Wilmington, North Carolina 28405-3845
Phone: [phone]\Fax: [phone]\ 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
November 10,2003
MEMORANDUMPW
TO: Mr. Joseph H. Henderson, Director
State Property Office NOV 2 o 2003
Department of Administration ^"0"",•a"►'� N, 3
a1V. (- _,. to Property CW,..;E,
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA PERMIT APPLICATION REVIEW
APPLICANT: HENRY AND TINA KIRBY
PROJECT LOCATION: 128 MCLEOD AVENUE, TOPSAIL BEACH, ADJACENT TO MAN-
MADE CANALS TO BANKS CHANNEL / TOPSAIL SOUND,
PENDER COUNTY.
PROPOSED PROJECT: ADD A SINGLE POLE JET-SKI LIFT TO EXISTING PIER, FLOAT
AND BOATLIFT.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by December 1, 2003. If you have any questions regarding the proposed project, please contact Doug
Huggett at [phone], ext. 245. When appropriate, in-depth comments with supporting data is
requested.
REPLY
Tills 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 agen y objects to the project for reasons described in the attached comments.
SIGNED DATE
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone]\FAX: [phone]\ Internet: http://dcm2.enr,state.nc.us
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
November 6, 2003
RE�''�!1.%,"Er!D
MEMORANDUM NOV 12 2003
TO: Mr. Charles F. Stehman, P.G., Ph.D. )V OKOASTlII4AMGM
Division of Water Quality/Groundwater Section RAWN
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Henry & Tina Kirby
Project Location: 128 McLeod Avenue, Topsail Beach, Pender County
Proposed Project: To add a single pole jet-ski lift to their existing pier, float and boatlift
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
November 30, 2003. If you have any questions regarding the proposed project, please contact Joanne Steenhuis
at Ext. 254. When appropriate, in-depth comments with supporting data is requested.
REPLY: L,-"'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 OD DATE J) a7 b
127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845
Phone: [phone]\Fax: [phone]\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
November 10,2003
v
R . .
��
MEMORANDUM
NOV 1 8 2003
TO: Bennett Wynne �:TI"'"�ti�'G��a�El1f
Wildlife Resources Commission 31V.0FC �
ATTN: Habitat Conservation Program
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA PERMIT APPLICATION REVIEW
APPLICANT: HENRY AND TINA KIRBY
PROJECT LOCATION: 128 MCLEOD AVENUE, TOPSAIL BEACH, ADJACENT TO MAN-
MADE CANALS TO BANKS CHANNEL / TOPSAIL SOUND,
PENDER COUNTY.
PROPOSED PROJECT: ADD A SINGLE POLE JET-SKI LIFT TO EXISTING PIER, FLOAT
AND BOATLIFT.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by December 1, 2003. If you have any questions regarding the proposed project, please contact Doug
Huggett at [phone], 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: [phone]\FAX: [phone]\ Internet: http://dcm2.enr.state.nc.us
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
November 6, 2003
MEMORANDUM
TO: Dan Sams RECIE2,YED
for: Mr. James Simons, Director 's
Division of Land Quality NOV 12 200J
FROM: Doug Huggett AV.OFCOA TALMANAGEMEAr
Major Permits Processing Coordinator WOW
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Henry & Tina Kirby
Project Location: 128 McLeod Avenue, Topsail Beach, Pender County
Proposed Project: To add a single pole jet-ski lift to their existing pier, float and boatlift
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
November 30, 2003. If you have any questions regarding the proposed project, please contact Joanne Steenhuis
at Ext. 254. 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.
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 IJ°`� 7 Zoa�
127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845
Phone: [phone]\Fax: [phone]\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
November 6, 2003
MEMORANDUM R
TO: Fritz Rohde Fr
V 2 4 2003
Mr. Preston P. Pate, Jr., Director
F-HABITATDivision of Marine Fisheries
J i
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Henry & Tina Kirby
Project Location: 128 McLeod Avenue, Topsail Beach, Pender County
Proposed Project: To add a single pole jet-ski lift to their existing pier, float and boatlift
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
November 30, 2003. If you have any questions regarding the proposed project, please contact Joanne Steenhuis
at Ext. 254. 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.
SIGNE v`� DATE (I 3
127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845
Phone: [phone]\Fax: [phone]\ Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper

w
�+ RECEIVED
NCDENR OFC 1 0 2003
North Carolina Department of Environment and Natural ResogrV(VFC0AWALMWQ6VEN
Division of Coastal Management R41ESH
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr.,Secretary
November 10,2003 \\ }
MEMORANDUM NOV 2 �
TO: Mike Kelly,Acting Director 4
Division of Environmental HealthsgNiTan
oN
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA PERMIT APPLICATION REVIEW
APPLICANT: HENRY AND TINA KIRBY
PROJECT LOCATION: 128 MCLEOD AVENUE, TOPSAIL BEACH, ADJACENT TO MAN-
MADE CANALS TO BANKS CHANNEL / TOPSAIL SOUND,
PENDER COUNTY.
PROPOSED PROJECT: ADD A SINGLE POLE JET-SKI LIFT TO EXISTING PIER, FLOAT
AND BOATLIFT.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by December 1, 2003. If you have any questions regarding the proposed project, please contact Doug
Huggett at [phone], ext. 245. When appropriate, in-depth comments with supporting data is
requested.
REPLY
06
This agency has no objection tot the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project,only if the recommended changes are incorporated.
This agency objects to the project for reasons described in the attached comments.
SIGNE G l DATE
tins Q�o
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone]\FAX: [phone]\Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity\Affirmative Action Employer-50%Recycled 110%Post Consumer Paper

Alkil-rVa"WA_ DEC 3 0 2003
NCDENR .OFa.
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley,Governor Donna D. Moffitt, Director William G. Ross Jr.,Secretary
November 10,2003 7 ?
isMEMORANDUM i�CV 13 2�a3
TO: Mr. John Sutherland,Chief ypNOFVo�,W
Water Planning Section
Division of Water Resources
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA PERMIT APPLICATION REVIEW
APPLICANT: HENRY AND TINA KIRBY
PROJECT LOCATION: 128 MCLEOD AVENUE, TOPSAIL BEACH, ADJACENT TO MAN-
MADE CANALS TO BANKS CHANNEL / TOPSAIL SOUND,
PENDER COUNTY.
PROPOSED PROJECT: ADD A SINGLE POLE JET-SKI LIFT TO EXISTING PIER, FLOAT
AND BOATLIFT.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by December 1, 2003. If you have any questions regarding the proposed project, please contact Doug
Huggett at [phone], 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 �" y3 v3
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone]\FAX: [phone]\Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper

JR43099
Ai_ Nov 13 2aas
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management -
Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary
November 10,2003
3300
MEMORANDUM
I�;yTO: Ms. Renee Gledhill-Early, Director.
Division of Cultural Resources
Archives & History Building
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA PERMIT APPLICATION REVIEW
APPLICANT: HENRY AND TINA KIRBY
PROJECT LOCATION: 128 MCLEOD AVENUE, TOPSAIL BEACH, ADJACENT TO MAN-
MADE CANALS TO BANKS CHANNEL / TOPSAIL SOUND,
PENDER COUNTY.
PROPOSED PROJECT: ADD A SINGLE POLE JET-SKI LIFT TO EXISTING PIER, FLOAT
AND BOATLIFT.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by December 1, 2003. If you have any questions regarding the proposed project, please contact Doug
Huggett at [phone], ext. 245. When appropriate, in-depth comments with supporting data is
requested.
REPLY RECEIVED
This agency has no objection to the project as proposed. DEC 1 7 2003
any.
This agency has no comment on the proposed project. OF GpAgALMANAGEMENRALSM
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.
C
SIGNED L DATE + —
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone]\FAX: [phone]\Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper
NOV 1 4 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
November 3, 2003
Henry& Tina Kirby
608 Sara Lawernce
Raleigh,NC 27609
Subject: EXEMPTION
Stormwater Pro ect No. SW8 031013
Kirbyr County Jetski Li
Dear Mr. &Mrs. Kirby: Pende
The Division of Coastal Management through a cooperative agreement with the Division of
Water Quality has reviewed your CAMA major permit application to determine if a stormwater
management permit would be required from the Division of Water Quality. The review of the
plans and specifications has determined that the development activities proposed at this time will
not pose a threat to surface water quality from stormwater runoff. The Director of the Division of
Water Quality has determined that projects that are reviewed and approved by the Division of
Water Quality as not posing a water quality threat from stormwater runoff should not be subject
to the stormwater management permitting requirements of 15A NCAC 2H.1000. By copy of this
letter, we are informing you that your project will not require a stormwater management permit.
If the subject project disturbs one acre or more and has a point source discharge of stormwater
runoff,then it is also subject to the National Pollutant Discharge Elimination System (NPDES)
stormwater discharge requirements. You are required to have an NPDES permit for stormwater
dischar a from projects meeting these criteria. The stormwater rules require the Division of
Water 6uality to permit the common plan of development,therefore, any future development on
the property, regardless of whether a CAMA Major permit is also required, may require a
Stormwater Management Permit application and permit issuance from the Division of Water
Quality prior to any construction.
Please be advised that this determination is for stormwater management requirements only.
Your request for authorization of development under the Coastal Area Management Act is still in
process.
If you have any questions or need additional information concerningg this matter please contact
Ms. Linda Lewis with the Division of Water Quality at(910) 395-3900.
Sincerely,
�m s Gregson ,
�>strict Manager
JG/lep
cc: Jimmy Canady, Pender County Inspections
Doug Huggett, DCM
Charles Jones
DW8DW Central Files
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

Development Type FFF DCM;G
04300 1601 4351OW93 1625 6253) (24300 1602 435100095 23411 DWQ%
1. Private,non-commercial
- development that does not involve
the filling or excavation of any S`50 100%(S250)
wetlands or open water areas: 0%(SO)
II. Public or commercial development 1
that does not involve the filling or
excavation of any wetlands or open 5400 100%(S400) D°/,(SO)
water areas:
III. For development that involves the
filling and/or excavation of up to 1 _
acre of wetlands and/or open water
areas,determine if A,B.C.or D
below applies:
lll(A� For Private,non-commercial
development,If General water Quality
Certification No-3301(see attached) S250 100%(5250)
can be applied: 0%(SO)
III(Bk For public or commercial
development,if General water Quality
Certification No-3301(see attached) $400 100°ro(5400)
can be appfred: 0%(SD)
Ill(C� If General Water Quality
Certification No.3301(see attached)
could be applied,but DCM staff
determined that additional review and $4DO 60%(S240)
written DWQ concurrence is needed 40%(S760)
because of concerns related to water _
quality or aquat r-1rfe:
III(D� If General Water Quality
Certification No.3301(see attached) S400
can not be applied: 60°'(S240) 40%(S160)
4J-
IV. For development tlaf involves «Y =
the filling and/or excavation of more
than one acre of wetands and/or S47' 6D°A(S285)
x
open water areas: 40%(S190)
ter;.• -
AU
boor

A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
November 6, 2003
FAX: [phone]
2 Pages
Star News
Diane Blake
Legal Advertisement Section
Post Office Box 840
Wilmington, North Carolina 28402
Re: Public Notice - Henry & Tina Kirby
Dear Ms. Blake:
Please publish the attached Notice in the Sunday, November 9, 2003, issue.
The State Office of Budget and Management requires an original Affidavit of Publication prior to payment
for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original
invoice to Jaye Poole, Division of Coastal Management, 1638 Mail Service Center, Raleigh, North Carolina
27699-1638. The phone number is 919-733-2293. Please send a copy of the affidavit only to Coastal
Management, 127 Cardinal Drive Extension, Wilmington, NC 28405,
910-395-3900.
Thank you for your assistance in this matter. If you should have any questions, please contact me at our
Wilmington office.
Since ely,
4� C
Linda Painter
Coastal Management Secretary
Enclosure
cc: Doug Huggett
Jaye Poole
File Copy
127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845
Phone: [phone]\Fax: [phone]\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 October 2, 2003.
According to said application, Henry & Tina Kirby at 128 McLeod Avenue, Topsail
Beach, Pender County proposes to add a single pole jet-ski lift to his existing pier, float and
boatlift.
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 November 30, 2003, will be
considered in making the permit decision. Later comments will be accepted and considered up
to the time of permit decision. Project modification may occur based on review and comment
by the public and state and federal agencies. Notice of the permit decision in this matter will
be provided upon written request.

ANG-91AA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
November 6, 2003
Henry and Tina Kirby
608 Sara Lawrence
Raleigh, NC 27609
Dear Mr. &Mrs. Kirby:
The Division of Coastal Management hereby acknowledges receipt of your application for State approval
for development of property located at 128 McLeod Avenue, Topsail Beach, adjacent to the man-made canals to
Banks Channel/Topsail Sound, Pender County. It was received as complete on October 2, 2003, and appears to
be adequate for processing at this time. The projected deadline for making a decision is December 16, 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 the October 2, 2003 date,you may
request a meeting with the Director of the Division of Coastal Management and permit staff to discuss 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/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 a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along
the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would
lead one into your property. Failure to post this notice could result in an incomplete application.
A field report has been prepared and is in the process of being circulated to the various state and federal
review agencies for their comments. If additional information is required based on this review, the agencies may
contact you directly.
/,,.,,,Si cerely,
Joanne Steenhuis
j' Field Representative
Enclosure
cc: i.Doug Huggett
Jim Gregson
Henry Wicker, COE
Jimmy Canady,LPO Topsail Beach

r i
AMA E MIT
APPLIED F� DR
PROD4T. o a .L -I,-- l T O
Pir t� oa Ct
` yt fficincoj ;kyenup
COMMENTS ACCEPTED THROUGH )Jap, o03
APPLICANT: FOR MORE DETAILS CONTACT
jAenfttv THE LOCAL PERMIT OFFICER BELOW:
r �r
Division of Coastal Management
ct )-c% wrence Joanne Steenhuis
o��►I4 f` NC 'DL-7 127 Cardinal Drive Extension
Wilmington, NC 28405

a
1
COMPLETE •N COMPLETE THIS SECTIONON DELIVERY
c
■ Complete items 1,2,and 3.Also complete A. Sit i Ir-
item 4 if Restricted Delivery is desired. X ❑Agaut..
■ Print your,,lame and address on the reverse !1 dyes
so that we can return the card to you. B ece by(Printed Name) C Da Delivery
■ Attach this card to the back of the mailpiece, (
or on the front if space permits. r\
D. Is delivery address different from item 1 ❑ k"
1. Article Addressed to: If YES,enter delivery address below: 4 '
R obey+ Te l nu vu
Pt b, r3ox '!�a S 3,
SL, r �t�y G 3. Se�ice Type
r l �f I hd Certified Mail El Express Mail
[(/� ❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number 7003 16 8 0
(Transfer from service label) 0 6 5576 5395
PS Form 3811,August 2001 Domestic Return Receipt 595-o2-M-15ao
COMPLETE .N COMPLETE THIS SECTIONON DELIVERY
■ Complete items 1,2,and 3.Also complete A. Signature
item 4 if Restricted Delivery is desired. ❑Agent
X
■ Print your name and address on the reverse ❑Addressee
so that can return the card to you. B. Rece/vegb ren d Name clgace)o�;livery
IN Attach this card to the back of the mailpiece, ��F/�/ ,y�r�✓ `U 1
or on the front if space permits.
1. Article Addressed to:
D. Is delivery address different from item 1? ❑Yes
If YES,enter delivery address below: ❑ No
C' s, S."JIA
10U-) Co,re Fret- 6v-t 3. SS.ice Type
L10� Certified Mail ❑ Express Mail❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Arti-'- - - ram-+ n r nn nnnL 1 �1
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PS Fo 102595-02-M-1540

D
NOF
MENT
COAST
)00*
NORTH CAROLINA GENERAL.WARRANTY DEED
Excise Tax: $699.00
Parcel Identifier No.-02644 Verified by County on the day of ,20_
By:
Mail/Box to: Fuss and Fairley,Attorneys Post Office Box 2550/114 N.Topsail Drive,Surf City,NC 28445
This instrument was prepared by:Fuss and Fairley,Attorneys,Post Office Box 2550/114 N.Topsail Drive,Surf City,NC
Brief description for the Index: LT 67, BLK 49,
THIS DEED made this 15th day of May ,20 03,by and between
GRANTOR GRANTEE
Barbara F. Bynum,Widow Henry Kirby and wife,
2512 Millwood Court Christine Kirby
Chapel Hill,NC 27514 608 Sarah Lawrence Ct.
Raleigh,NC 27609
The designation Grantor and Grantee as used herein shall include said parties,their heirs,successors,and assigns,and shaL'include
singular,plural,masculine,feminine or neuter as required by context.
WITNESSETH,that the Grantor,for a valuable consideration paid by the Grantee,the receipt of which is hereby acknowledged,has
and by these presents does grant,bargain,sell and convey unto the Grantee in fee simple,all that certain lot or parcel of land situated
in the City of Topsail Township, Pender County,North Carolina and
more particularly described as follows:
BEING Lot 67 in Block 49 of New Topsail Beach Subdivision,according to a map recorded in Map Book 10,Pages 24 and 25
of the Pender County Registry.
SUBJECT to Restrictive Covenants recorded in Book 409,Page 245 Pender County Registry,and to Power Easements.
The property hereinabove described was acquired by Grantor by instrument recorded in Book 633 page 94
A map showing the above described property is recorded in Plat Book 10 page 24&25
NC Bar Association Form No.L-3 © 1976,Revised© 1977,2002
Printed by Agreement with the NC Bar Association— 1981 SoftPro Corporation,333 E. Six Forks Rd.,Raleigh,NC 27609

• 7
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee
in fee simple.
And the Grantor covenants with the Grantee,that Grantor is seized of the premises in fee simple,has the right to convey the same in
fee simple,that title is marketable and free and clear of all encumbrances,and that Grantor will warrant and defend the title against
the lawful claims of all persons whomsoever,other than the following exceptions: Restrictive covenants recorded in Book 409,
Page 245,Pender County Registry.
IN WITNESS WHEREOF,the Grantor has duly executed the foregoing as of the day and year first above written.
SEAL)
(Entity Name) Barbara F.Bynum,
By:
(SEAL)
Title:
By: (SEAL)
Title:
By: (SEAL)
Title: ,
State of North Carolina-County of Pender
1,the undersigned Notary Public of the County and State aforesaid,certify that Barbara F.Bynum,Widow
personally appeared before me this day and
acknowledged the due cation of the foregoing instrument for the purposes therein expressed. Witness %
stamp or seal this_2day of May_ ,2003 ••�p►� Ri9�y��
My Commission Expires: 0-3
M
L_`_ • •
s
State of North Carolina-County of V•
I,the undersigned Notary Public of the County and State aforesaid,certify that %��••'••. '..4�,`
personally came before me this day and acknowledged that_he is the '
a iktt4tAAdh% or
corporation/limited liability company/general partnership/limited partnership(strike through the inapplicable),and
that by authority duly given and as the act of such entity, he signed the foregoing instrument in its name on its behalf as its act and
deed. Witness my hand and Notarial stamp or seal,this day of ,20_•
My Commission Expires:
_ Notary Public
State of North Carolina-County of
I,the undersigned Notary Public of the County and State aforesaid,certify that
Witness my hand and Notarial stamp or seal,this day of ,20_.
My Commission Expires:
Notary Public
The foregoing Certificate(s)of
is/are certified to be correct. This instrument and this certificate are duly registered at the date and time and in the Book and Page shown
on the first page hereof.
Register of Deeds for County
By: Deputy/Assistant-Register of Deeds
NC Bar Association Form No. L-3 © 1976,Revised© 1977, 2002
Printed by Agreement with the NC Bar Association— 1981 SoftPro Corporation, 333 E. Six Forks Rd.,Raleigh,NC 27609