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HomeMy WebLinkAbout20081208 Ver 1_CAMA Application_20080807NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary August 5, 2008 08 1 MEMORANDUM: TO: Ms. Cyndi Karoly Environmental Biological Supervisor Division of Water Quality BUG "' 2008 FROM: Doug Huggett Major Permits Processing Coordinator WWI ANDS ANu STORMWATER BRANCH SUBJECT Applicant: Project Location: Proposed Project: CAMA/DREDGE & FILL Permit Application Review Phillip Taylor The project site is located at 1701 Front Street, Beaufort, Carteret County The applicant is proposing to construct a third boat lift at an existing docking facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 8/26/2008. If you have any questions regarding the proposed project, please contact Brad Connell at (252) 808-2808. When appropriate, in-depth comments with supporting data are 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 400 Commerce venue, orehead City, ort arolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper Major Permit Fee Schedule Circle One DCM % DWQ % Development Type Fee (14300160143510009316256253) (2430016024351000952341) t. Private, non-commercial development that does not involve the filling or excavation of any wetlands or open water areas: $250 100%($250) 0%($0) II. Public or commercial development that does not involve the filling or excavation of any wetlands or open water areas: $400 100%($400) 0%($0) 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: III(A). Private, non-commercial development, if General Water Quality Certification No. 3490 (See attached) can be applied: $250 100%($250) 0%($0) 111(8). Public or commercial development, if General Water Quality Certification No. 3490 (See attached) can be applied: $400 100%($400) 0%($0) III(C). If General Water Quality Certification No. 3490 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: $400 60%($240) 40%($160) III(D). If General Water Quality Certification No. 3490 (see attached) cannot be applied: $400 60%($240) 40%($160) IV. Development that involves the filling and/or excavation of more than one acre of wetlands and/or open water areas: $475 60%($285) 40% ($190) r 'LtSri Check 09A Amount ` L.w (? Project Name ?: f??" DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Phillip Taylor 2. LOCATION OF PROJECT SITE: The project is located on Taylors Creek at 1707 Front Street in Beaufort, Carteret County. Photo Index - 2006: 42-6407, grids S-16; 2000: 42-542, grids G-9 State Plane Coordinates - X: 2708390.499 Y: 358337.968 Rover #: M022209A Longitude: -76 38 33.33 Latitude: 34 42 41.32 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit -02/22/08 Was Applicant Present -No 5. PROCESSING PROCEDURE: Application Received - cc: 07/22/08 Office - MHC 6. SITE DESCRIPTION: (A) Local Land Use Plan - Beaufort Land Classification From LUP - Developed/Conservation (B) AEC(s) Involved: EW, PTA (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - Beaufort Planned - None (F) Type of Development: Existing -Single-family residential dwelling, docking facility supporting two boatlifts, bulkhead, sewage lift station, and emergency generator pad. Planned - Third boatlift at existing docking facility. (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: DREDGED FILLED INCORP/SHADED (A) Open Water 170 sf incorp (D) Total Area Disturbed: 170 sf (E) Primary Nursery Area: No (F) Water Classification: SC Open: No 8. PROJECT SUMMARY: The proposal consists of constructing a third boat lift at an existing docking facility located at 1707 Front Street on Taylors Creek in Beaufort. Field Investigation Report: Phillip Taylor Page 2 of 2 9. Narrative Description: The property is a 0.231-acre tract located at 1707 Front Street on Taylors Creek in Beaufort, Carteret County. The owner wishes to construct a third boat slip at an existing docking facility and is applying for a permit to do so. The property is divided by Front Street and the proposed project area fronts the north side of Taylors Creek, a tributary of North River. This tributary is approximately 351' wide at the project location. There is a USACE Federal Channel in Taylors Creek. There is 60' of shoreline on this property. The current vegetation on the tract mainly consists of well- established lawn grasses. None of the project area has submerged aquatic vegetation. The elevation of the tract is +6.0' nhw. Man-made features now on the parcel include a vinyl bulkhead, docking facility with two boat lifts, single-family residence, sewage lift station, and emergency generator pad. The existing docking facility extends 67' waterward of the bulkhead. The Beaufort Land Use Plan classifies the project area as Developed, with CAMA AEC's classified as Conservation. The waters of Taylors Creek are not designated as Primary Nursery Area and are closed to shellfish harvesting. These waters carry a water quality classification of SC. The bottom substrate is soft subtidal with shell. The average existing depth in this area is -6', nlw. 10. Proposed Development: The request is for the construction of a third boat lift at an existing docking facility. This proposed 13' by 13' boat lift will be located on the west side of the main pier access. This boat lift will be for the private use of the land owner. The boatlift encroaches into the adjacent riparian property setback, however the property owner has waived his 15' setback rights. 11. Anticipated Impacts: As proposed, the boat lift construction will incorporate 170 square feet of open water. Taylors Creek is not Primary Nursery Area. No SAV were observed in the area and this waterbody is closed to shellfishing. Turbidity impacts should be short-term during construction. This proposal will be landward of the USACE Federal Channel setback and will not change the current usage of the property, nor extend the docking facility further waterward. Brad Connell August 1, 2008 Morehead City NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary V?MOR A_iDUM DATE: July 23, 2008 TO: Doug Huggett THRU: Tere Barrett FROM: Brad Connell ' , SUBJECT: Comments and Recommendations - CAMA Major Permit - Phillip Taylor, Carteret County The following is my assessment and consequent recommendations of the above referenced proposal: The project, as proposed, will have minimal environmental impacts. The waters of Taylors Creek are closed to shellfish harvest. There is no submerged aquatic vegetation. This waterbody is not a Primary Nursery Area. This project will not pose a hazard to navigation. Assuming that state and federal agencies concur with the proposal, I recommend the project be authorized as proposed, contingent upon the following conditions: 1) This permit authorizes,a maximum of three boat slips. At no time shall more than three 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. 2) This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are 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. 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 (252) 808-2808 prior to the commencement of any such activity for this determination. NOTE: This permit does not convey any rights, either in real estate or material. NOTE: Should either adjacent property be sold prior to the initiation of construction, the permittee shall be required to obtain a signed riparian corridor waiver from the new property owner prior to the placement of any structures within the 15 foot riparian corridor. CC: Tere Barrett, DCM Ted Tyndall, DCM 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper MGM N!-1 APPLICATION for Maier 08 1208 . Development Permit past revised 12/27106) North Carolina DIVISION OF COASTAL MANAGEMENT' 1. Primary Applicant/ Landowner Information Business Name Na Project Name (if applicable) NA Applicant 1: First Name Phillip MI Last Name Taylor Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address 135 Bayshore Drive PO Box City Parkton State NC ZIP 28371 9503 Country us Phone No. 910 - 423 - 2251 ext. FAX No. 910 - 484 - 6161 Street Address (if different from above) City State ZI P Email 2. Agent/Contractor Information Business Name Jones Coastal Consulting, Inc Agent/ Contractor 1: First Name MI Last Name Charles S Jones Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State 296 Bay Drive Smyrna NC ZIP Phone No. 1 Phone No. 2 28579 252 - 729 - 971 1 ext. ext. FAX No. Contractor # Street Address (if different from above) City State ZIP Email cjones19@ec.rr.com Ls ? ? U V/ LCMJ <Form continues on back> AUG 7 2008 252-808-2808 .. 1-888-4RCOAS7 .. www.nccoastainiam(} Mp?TOMA"RBRAhICH 4. Site Description a. Total length of shoreline on the tract (ft.) 60' c. Size of individual lot(s) See Exhibit A, (If many lot sizes, please attach additional page with a list) e. Vegetation on tract Lawn grassess b. Size of entire tract (sq.ft.) 6,909 sq. ft. d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) 6" ®NHW or ?NWL f. Man-made features and uses now on tract Single family residence on north side of Front Street. Sewage lift station, emergency generator and dock on sourth side of Front Street g. Identify and describe the existing land uses adiacent to the proposed project site. Residential h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? Residential (Attach zoning compliance certificate, if applicable) ®Yes ?No ?NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ?Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ?Yes ®No ?NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ?Yes ®No ?NA National Register listed or eligible property? <Form continues on next page> 252-808-2808 .. 1-888-4RC OAS-r .. vvvvvv.nccoastatmanaagernent.net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit Form DCM MP-1 (Page 3 of 4) m. (i) Are there wetlands on the site? (ii) Are there coastal wetlands on the site? (iii) If yes to either (i) or (ii) above, has a delineation been conducted? (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Town sewer o. Describe existing drinking water supply source. Town water p. Describe existing storm water management or treatment systems. None APPLICATION for Major Development Permit ?Yes ®No ?Yes ®No ?Yes ?No re gg 74 5. Activities and impacts a. Will the project be for commercial, public, or private use? ?Commercial ?PubliGGovernment ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Install a boat lift adjacent to an existing dock. Boat lift will be used to lower and raise boat in/out of the water on an ocassional basis c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. One crane and one barge will be used to pump pilings down to support boat lift. The work should take a matter of hours to complete and the equipment will not be stored at this site d. List all development activities you propose. Install pilings and boat lift e. Are the proposed activities maintenance of an existing project, new work, or both? f. What is the approximate total disturbed land area resulting from the proposed project? New 24 ®Sq.Ft or ?Acres g. Will the proposed project encroach on any public easement, public accessway or other area ?Yes that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. NA i. Will wastewater or stormwater be discharged into a wetland? If yes, will this discharged water be of the same salinity as the receiving water? j. Is there any mitigation proposed? If yes, attach a mitigation proposal. <Form continues on back> NA NA ?Yes ?No ®NA ?Yes ®No ?NA 252-808-2808 .. 1-888-4RCOAST .. vvww.nccoastalmanagement.net Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional lnformarion In addition to this completed application form, (MP-1) the following items below, if applicable ";must u i itted package to be complete. Items (a) - (t) are always applicable to any major aleirelopmerjt a?pj c?tion ? Please consult in order for the app instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Willian Stanley'. Address 2105 LaFayette Ave, Greensboro, NC 27408 Phone No. 336-271 4450 Name James Midgett Address 102 Sunshine Court, Beaufort, NC 28516 Phone No. 252-728 4742 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. CAMA General Permit No. 50165 C - Phillip Taylor - 2/22/08 h. Signed consultant or agent authorization form, if applicable. Fk. Wetland delineation, if necessary. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) state ment of compliancewith the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure f public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Certi>cation and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date July 21, 2008 Print me Charles S. Jones Signature Please indicate application attachments pertaining to your proposed project. ?DCM MP-2 Excavation and Fill Information ?DCM MP-5 Bridges and Culverts ?DCM MP-3 Upland Development ®DCM MP-4 Structures Information 252-808-2808 .. 1-888-4IRGOAST .. www.nccoastaimanagement.net Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) t 4 Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 9. DOCKING FACILITY/MARINA CHARACTERISTICS [] This section not applicable a. (i) Is the docking facility/marina: b. (i) Will the facility be open to the general public? []Commercial ?PublictGovernment ®Private/Community []Yes ®No c. (i) Dock(s) and/or pier(s) (ii) Number (iii) Length (iv) Width (v) Floating []Yes []No e. (i) Are Platforms included? []Yes ®No If yes: (ii) Number (iii) Length (iv) Width (v) Floating ?Yes ?No Note: Roofed areas are calculated from dripline dimensions. d. (i) Are Finger Piers included? []Yes ®No If yes: (ii) Number (iii) Length (iv) Width (v) Floating []Yes []No f. (i) Are Boatlifts included? ®Yes ?No If yes: (ii) Number 1 (iii) Length 12'6" (iv) Width 12' 6" g. (i) Number of slips proposed 1 (ii) Number of slips existing 2 I. Check the proposed type of siting: ? Land cut and access channel []Open water; dredging for basin and/or channel ®Open water; no dredging required []Other; please describe: k. Typical boat length: 21' M. (i) Will the facility have tie pilings? ?Yes ®No (ii) If yes number of tie pilings? h. Check all the types of services to be provided. ? Full service, including travel lift and/or rail, repair or maintenance service ? Dockage, fuel, and marine supplies ® Dockage ("wet slips") only, number of slips: 3 ? Dry storage; number of boats: ? Boat ramp(s); number of boat ramps: ? Other, please describe: j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). runabout 1. (i) Will the facility be open to the general public? ?Yes ®No 252-808-2808 :: 1-888R4RCOAST :: www.nccoastalmana€tement.net revised. 12/27/06 Farm DCM MP-4 (Structures, Page 2 of 4) 2. DOCKING FACILITY/MARINA OPERATIONS a. Check each of the following sanitary facilities that will be included in the proposed project. ? Office Toilets ? Toilets for patrons; Number: Location: ? Showers ? Boatholding tank pumpout; Give type and location: ?This section not applicable b. Describe treatment type and disposal location for all sanitary wastewater. na c. Describe the disposal of solid waste, fish offal and trash. Town of Beaufort trash trash pick-up service d. How will overboard discharge of sewage from boats be controlled? na e. (i) Give the location and number of "No Sewage Discharge" signs proposed. none (ii) Give the location and number of "Pumpout Available" signs proposed. na ?r f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products' na g. Where will residue from vessel maintenance be disposed of? _ na h. Give the number of channel markers and "No Wake" signs proposed. na i. Give the location of fuel-handling facilities, and describe the safety measures planned to protect area water quality. na j. What will be the marina policy on overnight and live-aboard dockage? na k. Describe design measures that promote boat basin flushing? na I. If this project is an expansion of an existing marina, what types of services are currently provided? na m. Is the marina/docking facility proposed within a primary or secondary nursery area? ?Yes ®No 252-808-2808:: 1-888-4RCOAST:: Wvvw.nccoastalmglnagement.net revised: 12127l06 Form DC MP-4 (Structures, Page 3 of 4) n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ?Yes ENo o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bott om (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ?CW ?SAV ?SIB ?WL ®None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ?Yes ®Nq If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. - 3. BOATHOUSE (including covered lifts) a. (i) Is the boathouse structure(s): ?Commerciai ?Public/Government ?Private/Community (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dripfine dimensions. ®This section not applicable 4, GROIN (e.g., wood, sheetpile, etc. If a' rock groin, use MP-2, Excavation and Fill ®This section not applicable a (i) Number (ii) Length (iii) Width 5. BREAKWATER (e.g.,'wood, 'sheetpile, etc.) ®This section not applicable a. Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS a. Is the structure(s): ?Commercial ?Public/Government ?Private/Community C. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. 0This section not applicable b. Number d. Description of buoy (color, inscription, size, anchor, etc.) e. Arc of the swing 7. GENERAL 252-808-28178 :: 1-888-4RCOAST :: vvvow,nccoastatman49?ment.net revised: 12127f06 Form D IPv4 (Structures, Page 4 of 4) a. Proximity of structure(s) to adjacent riparian property lines ... 9-6 b. Proximity of structure(s) to adjacent docking facilities. approx. 12' Note: For buoy or mooring piling, use arc of swing including length of vessel. C. Width of water body approx. 450' e. (i) Will navigational aids be required as a result of the project? ?Yes ®No ?NA (ii) If yes, explain what type and how they will be implemented. d. Water depth at waterward end of structure at NLW or NWL approx. -6' NLW Y ?: w L) 8. OTHER 0This section not applicable a. Give complete description: 1-21-d Date tk.A, Project Name APDI+Ga"ame ,. Applicant Signature / \ ! V 252-808-2808 :: 1-888-4RCOAST :: wvvw.nccoastaimanaciemen# net revised. 12127/06 Jul 1U UU UU:.1Ua f I11111N K. lodiuj '/LJ 'IUJJ Jul 16 08 08:53a Esther 2sa?28GS12 p.2 A5,5*1A MOM North Carina OMMU etTt of Emriron wt and Natural Rm's =m Division of Coas#ai fl ww9 me+n i? l?., Secretary WYfia Q. ma" F. Eaft Govemm James H. Gtegsat, WNW Date r• . J / Applicaal Nasec Mailing Address 5 e fi 1 ?rKhn, 11l? -893.7 9s??3 1 certify that I have authorized Jones Coaxial Consulting, 1K to pct on my beb%K for the purpose of apt*ing for and obtaining ail CAMA Permits socexsary to iastall or construct a boat lift, at nay property located an Taylors Creek at Front Street. Bewfoit NC. This eevOlieation is valid Ibru December 31, 2008. q Signature o"..._ T A 400 Cotrnnetoe Avernle, MweheW GAY. NOM Ca 066 28667 Phone_ 2524M&28081FW 252 247,UM1In met: www.ncboaslalner?ayement.nel An EW? OppoAulihj 1 A? Andean CwiOloy.r - SMI AeeyeM111ML Ace! Lbneu.e. Asper -d ZjS9gZl zSZ JaU157 oI LET !Tn nn nr rr. .. Jones Coastal Consulting, Inc. 296 Bay Drive Smyrna, NC 28579 Telephone: 252-729-9711 July 21, 2008 Mr. William Stanley 12105 LaFayette Ave Greensboro, NC 27408 Dear Mr. Midget: I am assisting Mr. Phillip Smith in obtaining the required state and federal permits to place an additional boat lift adjacent to his existing dock on Taylors Creek in Beaufort, NC. As a part of his application process, the state requires that all adjacent riparian property owners be provided a copy of the permit application by certified mail. A copy is attached for your review. If you do have comments, you may provide them to the NC Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557. I would also be happy to answer any questions you may have concerning this manner and I can be reached at the above address and telephone number. Sincerely, Charles S. Jones JCC, Inc Enclosure 'fee. A -` PAR-' k + ? t.p• s,??? 1 . , ., v G. •4s ? I r? R ?1 6' i° q f o ? h S Not 09 4e A nnf! / O PAGE'S ti t Joe v N fIS R y? r ? d1 rU s'G k ? d ?n ' I? ?'???? i _ g' BeU+` lilt $? ', ry? DTI -oi- , ? is p 9?. Is h .. n (ni azan st 'Q ?r ^ tabn ri? D _ r ?i , T? d pr n1 ; in ' I a i ?f Ia m zto ,- I 'I 003 sQ'?e9 sins t r } - 'a k 3 w, - 4" f lr,t, \A?6-s?Q -10 ?? 4SE ? 14 x W N ?? ? w 1:44;, ..i. -NIV N PAD 46 3 4r I . . LiF+;?x?Beq M vi W ?d-?eM oSS VJlot1 0.1 e0pe? kX+ ! tl=Zot KRop?seb - I:A -jp\; II i p -r'Aj 6r 1-16-1 Si -BeAu-?rfi, r-?C. ZSSIGa C"CA bra\Aa By JON ht M. -HARRIS ATTORNEY AT LAW BO:; 712 ,MOREHEAD CITY, NC 285 ? PREPARED BY: JOHN E- WAY, JR., ATTORNEY AT LAW, MOREHEAD CITY, NORTH CAROLINA, 28557. CARTERET COUNTY RC 05/30/97 As I , 31 Parcel Number: 730508882357 y ' {Y U i11IVV $889.00 STATE C I j?UMA Real Estate SPECIAL WARRANTY DEED Excise Tax THIS DEED, made and entered into this k> day of _, 1997, by and between William Sheperd West and wife, Marilyn Mayer West; hereinafter, whether one or more persons, referred to as party of the first part; and Phillip Taylor, hereinafter, whether one or more persons, referred to as party of the second part, -Whose address is 135 Bayshore Drive, Parkton, North Carolina 28371. (It being fully understood and agreed that any pronoun or other word used herein shall be constructed as singular or plural, and of the masculine, feminine or neuter gender, as the context may indicate or require); WITNESSETH That the Grantor, for a valuable consideration paid by the Grantee, the receipt 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 property of land situated in the City of Beaufort, Beaufort Township, Carteret County, North .Carolina and more particularly described as follows: p Beginning at a spike located at the intersection of the east `ap right of way of Sunshine Court Road and the north right of way line of Front Street; thence N 13 0' E, 120.0 feet to an iron pipe; thence S 86-361 E, 56.45 feet to an iron pipe; thence S 11 17' W, 120.0 feet to an iron pipe in the north right of way line of Front Street; thence S 11 17' W, approximately 105.94 feet to an iron pipe; thence continuing in a straight line approximately 8 feet to the highwater mark of Taylor's Creek; thence along the highwater mark of Taylor's Creek in a westerly direction the following courses and distances: N 74 47' W, 24.77 feet to a point; thence N 65 1' W 28.68 feet to a point; thence N 32 30' W, 17.39 feet to a point, thence N 13 0' E, approximately 82.0 feet to the point and place of beginning. This property is also known as Part of Lot 12, Sunshine Court, Beaufort, North Carolina, as shown on Map Book 2, Page 95, Carteret County Registry, and the waterfront property across from said lot adjacent to Taylor's Creek. Reference is hereby made to a map prepared by Larry C. Pittman, R.L. S., . Beaufort, North Carolina, dated March 23.,.1983, attached hereto. Also conveyed are all easement rights. contained in an___ agreement of easement--recorded irr Deed Book 587, Page. 230, Carteret - County Registry and re-recorded irr.Book- 617, Page 135; Carteret-- County Registry., Excluded from the above is the 60 foot.right.of way.for Front Street ext-ension as shown in.Map.Book 2, Page 95. Y, . ., v ) t ? 1 1?, 1 1 1 The property hereinabove described was acquired by the Grantor by instrument recorded in Deed Book 498, Page ,489 Cad tex'e °; cLun, Registry. TO HAVE AND TO HOLD the aforesaid parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that the Grantor has done nothing to impair such title as Grantor received, and Grantor will warrant and defend the title against the lawful..claims of all persons claiming by, under or through Grantor the exceptions.hereinafter stated. Title to the propertyeherein described.is subject to the following exceptions: 1• That easement recorded in Book 492, Page 126, Carteret County Registry. 2. Reservation of right of way appearing in Map Book 2, Page 95, Carteret County Registry. 3. All other restrictions, reservations, and easements of record. IN WITNESS WHEREOF, the Grantor has hereunto set their hand and seal, the day and year first above written. William Shep West Marilyn ayer hest eoo PaGF 7?/ PAA'r 4 O ? • V d ? A 7 M ? 7 1/7 ?'. laae? .?• p•. ? fit. ? • ` ?• 1 • _ •? i.? ?k?=?f ?"??'?.li`- •,,e' -..w?. _,?'f'S'w'C-:,; -. .i.i ?. y.J may. tN..? "?•'i -w ?• . ;.tc7p NO .? sT`,? ?t = did gar - tiiti•..y .•t j Tom. ?_ t+} ?.j.. -. 40 ?i . Zew STATE OF NORTH CAROLINA COUNTY OF CARTERET I, ELIZABETH D. HORNE, A Notary Public ag?,- J;ht reo ;,Lcl, Co4nty and State, do hereby certify that WILLIAM SHEPERD NEST and wife, MARILYN MAYER WEST personally came before me this day and acknowledged the due execution of the foregoing instrument. WITNESS my hand day of May, 1997. A My Commission Exp NORTH CAROLINA, CARTERET COUNTY The foregoing certificate(s) of e Is (are) certified to be correct. This instrument was pre- sent f rrrregistration and recorded in this office in l3oo?A Pag?- This.1e day of 19Uat?L`?0'ciocl-jeA-M. v Sharon Piner nn Register of Dqed -Al Py P "a? rV 24cj2% Abeistaff, Deputy a-W? stamp or seal, this the ,•_^ 1 ••7 rrl PAGE---7.5/