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HomeMy WebLinkAbout20191754 Ver 2_CAMA Application_20200508-;�-'L M G f AN0 MA V-•.:.EMENF GROUP .I tME4 compaey March 31, 2020 TO: Tara MacPherson NC DEQ NC Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 RE: Trinity Landing CAMA Major Modification Permit Request Tara, Please find enclosed revised request (previously submitted January 24, 2020) for a Major Modification to Permit Number 6-20, Trinity Landing located at 4915 Masonboro Loop Road in New Hanover County. A complete application and supporting materials are enclosed. Please let us know if you have any questions or need any additional information to accept the application as complete. Regards, Andy Dortch, Environmental Scientist Land Management Group Enclosure: CAMA Major Permit Application; Figures www.lmgroup.net • info@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 Application for Major Modification to CAMA Permit # 6-20 For: Trinity Landing Wilmington, New Hanover County Prepared By: Land Management Group 3805 Wrightsville Avenue, Suite 15 Wilmington, North Carolina March 2020 Contents 1. Form DCM-MP-1....................................................................................................................1 2. Form DCM MP-3....................................................................................................................5 3. Form DCM MP-4....................................................................................................................7 4. Form DCM MP-5..................................................................................................................11 5. DCM MP-1 Section 6.0 Additional Information....................................................................15 5.1 Section 6. a. Project Narrative......................................................................................15 Appendices Appendix A -Site Location Map and Work Plats Appendix B-Deed, Agent Authorization, Adjacent Riparian Owner Notifications Appendix C- USACE JD Correspondence, DCM Coastal Wetland Determination, Recorded Plat and Survey Information Appendix D-Pavilion Profile Appendix E-Approved Permits Application for Major Modification to CAMA Permit # 6-20 Trinity Landing Wilmington, New Hanover County 1. Form DCM-MP-1 APPLICATION for Major Development Permit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant Landowner Information Business Name Project Name (if applicable) Lutheran Retirement Center -Wilmington, Inc. Trinity Landing Applicant 1: First Name MI Last Name c/o John Frye Applicant 2: First Name MI Last Name NA If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State 5215 Junction Park Circle Suite 102 N/A Wilmington NC ZIP Country Phone No. FAX No. 28412 USA 910-465-6861 NA Street Address (if different from above) City State ZIP NC Email jfrye@lscarolinas.net 2. AgentContractor Information Business Name Land Management Group Agent/ Contractor 1: First Name MI Last Name Steve Morrison Agent/ Contractor 2: First Name MI Last Name Greg Finch Mailing Address PO Box City State 3805 Wrightsville Avenue, Suite 15 Wilmington NC ZIP Phone No. 1 Phone No. 2 28403 910-452-0001 ext. NA NA ext. NA FAX No. Contractor # NA NA Street Address (if different from above) City State ZIP NA Email smorrison(cDlmgroup.net / gfinch(a�lmgrou1).net Application for Major Modification to CAMA Permit # 6-20 Trinity Landing Wilmington, New Hanover County 3. Project Location County (can be multiple) Street Address State Rd. # New Hanover 4915 Masonboro Loop Road NA Subdivision Name City State Zip N/A Wilmington NC 28409 Phone No. Lot No.(s) (if many, attach additional page with list) N/A N/A a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project White Oak Atlantic Intracoastal Waterway c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ❑Natural ®Manmade ❑Unknown Atlantic Intracoastal Waterway e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ❑Yes ®No work falls within. New Hanover County 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) —1820' @ NHW 2,113,967 sf c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or N/A NWL (normal water level) (If many lot sizes, please attach additional page with a list) 0-29' ®NHW or ❑NWL e. Vegetation on tract Shrubs, trees and grasses. f. Man-made features and uses now on tract N/A g. Identify and describe the existing land uses adjacent to the proposed project site. Residential, UNCW Center for Marine Science h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? EDZD (Attach zoning compliance certificate, if applicable) ®Yes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Has a 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 National ❑Yes ®No ❑NA Register listed or eligible property? Application for Major Modification to CAMA Permit # 6-20 Trinity Landing Wilmington, New Hanover County m. (i) Are there wetlands on the site? ®Yes ❑No (ii) Are there coastal wetlands on the site? ®Yes ❑No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ®Yes ❑No (Attach documentation, if available). Jurisdictional Determination tear sheet and USACE correspondence found in Appendix C n. Describe existing wastewater treatment facilities. N/A o. Describe existing drinking water supply source. N/A p. Describe existing storm water management or treatment systems. N/A 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Government ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The applicant proposes to construct a senior living community with amenities. 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. Standard construction methods to be used. Equipment to include backhoe, dozer, dump truck, typical machinery to be stored on site. All surfaces will either be pervious pavement, pervious turf, or elevated wooden walkways. All pavement surfaces will be pervious concrete totaling 2,597 square feet on the intermediate island and 5,452 square feet for the pavilion parking. No pavers are proposed. Temporary directional bore pits will measure 8' x 10' to support one waterline (2" diameter x —959' length) and one sanitary sewer fused joint PVC maintained at a 3' minimum and 5' maximum covered below ground (2" diameter x--1,067' length). One pavilion building impervious roofline area dimension measures 3,024 square feet. d. List all development activities you propose. See project narrative. e. Are the proposed activities maintenance of an existing project, new work, or both? New f. What is the approximate total disturbed land area resulting from the proposed project? —1.35A ❑Sq.Ft or ®Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. No new discharges. i. Will wastewater or stormwater be discharged into a wetland? ❑Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ®NA j. Is there any mitigation proposed? ❑Yes ®No ❑NA If yes, attach a mitigation proposal. Application for Major Modification to CAMA Permit # 6-20 Trinity Landing Wilmington, New Hanover County 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (f) are always applicable to any major development application. Please consult the application 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 State of North Carolina DOA State Property Office Phone No. NA Address 1301 Mail Service Center, Raleigh, N.C. 27699-1301 Name William and Sarah Merriman Phone No. NA Address 5624 Captains Lane, Wilmington, N.C. 28409 Name Phone No. NA Address NA g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. CAMA express permit #6-20 State Stormwater Management permit number SW8 190405 h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to 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: 3/31/2020 Print Name: , Agent, Land Management Group 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 Application for Major Modification to CAMA Permit # 6-20 Trinity Landing Wilmington, New Hanover County 4 2. Form DCM MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) GENERAL UPLAND DEVELOPMENT a. Type and number of buildings, facilities, units or structures b. Number of lots or parcels. proposed. N/A One waterfront pavilion c. Density (give the number of residential units and the units per acre). d. Size of area to be graded, filled, or disturbed including 0 roads, ditches, etc. --1.35 acres e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land -disturbing activity begins. (i) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? ❑Yes ®No ❑NA submittal pending (ii) If yes, list the date submitted: g. Give the percentage of the tract within the coastal shoreline AEC to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 5.2% (pavilion roofline) i. Give the percentage of the entire tract to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 5.2% (pavilion roofline) j. Describe proposed method of sewage disposal. Municipal system I. Describe location and type of proposed discharges to waters of the state (e.g., surface runoff, sanitary wastewater, industrial/ commercial effluent, "wash down" and residential discharges). Limited surface runoff, treated residential stormwater Application for Major Modification to CAMA Permit # 6-20 Trinity Landing Wilmington, New Hanover County f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for impervious surfaces. Typical roofing materials for pavilion h. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. (i) Has a site development plan been submitted to the Division of Water Quality for review? ❑Yes ®No ❑NA submittal pending (ii) If yes, list the date submitted: k. Have the facilities described in Item Q) received state or local approval? ❑Yes ❑No ®NA If yes, attach appropriate documentation. m. Does the proposed project include an innovative stormwater design? ❑Yes ®No ❑NA If yes, attach appropriate documentation. 5 m. Describe proposed drinking water supply source (e.g., well, n. (i) Will water be impounded? ❑Yes ®No ❑NA community, public system, etc.) (ii) If yes, how many acres? N/A Municipal system o. When was the lot(s) platted and recorded? N/A p. If proposed development is a subdivision, will additional utilities be installed for this upland development? ❑Yes ❑No ®NA 3/31 /2020 Date Trinity Landing Project Name Lutheran Retirement Center -Wilmington, Inc. Applicant Name Agent, Land Management Group Applicant Signature Application for Major Modification to CAMA Permit # 6-20 Trinity Landing Wilmington, New Hanover County 0 3. Form DCM MP-4 Structures (Construction within Public Trust Areas) 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: ❑Commercial ❑Public/Government ®Private/Comm unity c. (i) Dock(s) and/or pier(s) (ii) Number 1 fixed pier, 2 floating kayak docks, 1 fixed dock (iii) Length Fixed access Pier: 126'; floating docks: 12', 12'; fixed dock: 149' (iv) Width Fixed access Pier: 6'; floating kayak docks: 4', 4'; fixed dock: 6' (v) Floating ®Yes ®No e. (i) Are Platforms included? ®Yes ❑No If yes: (ii) Number 1 Covered Gazebo, 1 fixed platform, 1 ramp take -off platform (iii) Length Gazebo 24' (Roofline); fixed platform 12'; ramp take- off platform: 11' (iv) Width Gazebo 24' (Roofline); fixed platform 8'; ramp take- off platform: 10' (v) Floating ®Yes ®No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed 9 boatlifts (ii) Number of slips existing 0 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: 18' - 32' m. (i) Will the facility have tie pilings? ❑Yes ®No (ii) If yes number of tie pilings? Application for Major Modification to CAMA Permit # 6-20 Trinity Landing Wilmington, New Hanover County El This section not applicable b. (i) Will the facility be open to the general public? ❑Yes ®No d. (i) Are Finger Piers included? ®Yes ❑No If yes: (ii) Number 5 (iii) Length 30' (iv) Width 5' (v) Floating ❑Yes ®No f. (i) Are Boatlifts included? ®Yes ❑No If yes: (ii) Number 9 (iii) Length 12.5' (iv) Width 12.5' 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: ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: E Other, please describe: 9 boat lifts j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). Mixed types I. (i) Will the facility be open to the general public? ❑Yes ®No 7 2. DOCKING FACILITY/MARINA OPERATIONS ®This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge" signs proposed. (ii) Give the location and number of "Pumpout Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? m. Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes ❑No n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes ❑No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ❑None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes ❑No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. Application for Major Modification to CAMA Permit # 6-20 Trinity Landing Wilmington, New Hanover County 0 3. BOATHOUSE (including covered lifts) ®This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑Public/Government ❑ Private/Comm unity (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. 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 ®This section not applicable 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. e. Arc of the swing 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines Greater than 15' both sides. Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body —750' 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. Application for Major Modification to CAMA Permit # 6-20 Trinity Landing b. Number d. Description of buoy (color, inscription, size, anchor, etc.) b. Proximity of structure(s) to adjacent docking facilities. 340' to the north,635' to the south. d. Water depth at waterward end of structure at NLW or NWL — -5' MLW Wilmington, New Hanover County 9 NA 8. OTHER ®This section not applicable a. Give complete description: 3/31 /2020 Date Trinity Landing Project Name Lutheran Retirement Center -Wilmington, Inc. Applicant Name Agent, Land Management Group Applicant Signature Application for Major Modification to CAMA Permit # 6-20 Trinity Landing Wilmington, New Hanover County 10 4. Form DCM MP-5 BRIDGES and CULVERTS 1. BRIDGES ❑This section not applicable a. Is the proposed bridge: b. Water body to be crossed by bridge: ❑Commercial ❑Public/Government ®Private/Comm unity NA c. Type of bridge (construction material): Wood e. (i) Will proposed bridge replace an existing bridge? ❑Yes ®No If yes, (ii) Length of existing bridge: (iii) Width of existing bridge: (iv) Navigation clearance underneath existing bridge: (v) Will all, or a part of, the existing bridge be removed? (Explain) d. Water depth at the proposed crossing at NLW or NWL: NA f. (i) Will proposed bridge replace an existing culvert? ❑Yes ®No If yes, (ii) Length of existing culvert: (iii) Width of existing culvert: (iv) Height of the top of the existing culvert above the NHW or NWL: (v) Will all, or a part of, the existing culvert be removed? (Explain) g. Length of proposed bridge: 499' and 270' h. Width of proposed bridge: both 12' i. Will the proposed bridge affect existing water flow? ❑Yes ®No j. Will the proposed bridge affect navigation by reducing or increasing If yes, explain: the existing navigable opening? ❑Yes ®No If yes, explain: k. Navigation clearance underneath proposed bridge: NA I. Have you contacted the U.S. Coast Guard concerning their approval? ❑Yes ®No If yes, explain: m. Will the proposed bridge cross wetlands containing no navigable n. Height of proposed bridge above wetlands: Min 3' above coastal waters? ®Yes ❑No wetland substrate. If yes, explain: Coastal and 404 wetlands Application for Major Modification to CAMA Permit # 6-20 Trinity Landing Wilmington, New Hanover County 11 2. CULVERTS ®This section not applicable a. Number of culverts proposed: c. Type of culvert (construction material): d. (i) Will proposed culvert replace an existing bridge? ❑Yes ❑No If yes, (ii) Length of existing bridge: (iii) Width of existing bridge: (iv) Navigation clearance underneath existing bridge: (v) Will all, or a part of, the existing bridge be removed? (Explain) f. Length of proposed culvert: h. Height of the top of the proposed culvert above the NHW or NWL. j. Will the proposed culvert affect navigation by reducing or increasing the existing navigable opening? ❑Yes ❑No If yes, explain: Application for Major Modification to CAMA Permit # 6-20 Trinity Landing Wilmington, New Hanover County b. Water body in which the culvert is to be placed: e. (i) Will proposed culvert replace an existing culvert? ❑Yes ❑No If yes, (ii) Length of existing culvert(s): (iii) Width of existing culvert(s): (iv) Height of the top of the existing culvert above the NHW or NWL: (v) Will all, or a part of, the existing culvert be removed? (Explain) g. Width of proposed culvert: i. Depth of culvert to be buried below existing bottom contour. k. Will the proposed culvert affect existing water flow? ❑Yes ❑No If yes, explain: 12 3. EXCAVATION and FILL ❑This section not applicable a. (i) Will the placement of the proposed bridge or culvert require any excavation below the NHW or NWL? ❑Yes ®No If yes, (ii) Avg. length of area to be excavated: (iii) Avg. width of area to be excavated: (iv) Avg. depth of area to be excavated: (v) Amount of material to be excavated in cubic yards: c. (i) Will the placement of the proposed bridge or culvert require any high -ground excavation? ❑Yes ®No If yes, (ii) Avg. length of area to be excavated: (iii) Avg. width of area to be excavated: (iv) Avg. depth of area to be excavated: (v) Amount of material to be excavated in cubic yards: b. (i) Will the placement of the proposed bridge or culvert require any excavation within coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ®None (ii) Describe the purpose of the excavation in these areas: NA d. If the placement of the bridge or culvert involves any excavation, please complete the following: (i) Location of the spoil disposal area: NA (ii) Dimensions of the spoil disposal area: NA (iii) Do you claim title to the disposal area? ❑Yes ❑No (If no, attach a letter granting permission from the owner.) (iv) Will the disposal area be available for future maintenance? ❑Yes ❑No (v) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAVs), other wetlands (WL), or shell bottom (SB)? ❑CW ❑SAV OWL ❑SB ®None If any boxes are checked, give dimensions if different from (ii) above. (vi) Does the disposal area include any area below the NHW or NWL? ❑Yes ®No If yes, give dimensions if different from (ii) above. NA e. (i) Will the placement of the proposed bridge or culvert result in any f. fill (other than excavated material described in Item d above) to be placed below NHW or NWL? [-]Yes ®No If yes, (ii) Avg. length of area to be filled: (iii) Avg. width of area to be filled: (iv) Purpose of fill: g. (i) Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d above) to be placed on high -ground? ❑Yes ®No If yes, (ii) Avg. length of area to be filled: (iii) Avg. width of area to be filled: (iv) Purpose of fill: Application for Major Modification to CAMA Permit # 6-20 Trinity Landing Wilmington, New Hanover County (i) Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d above) to be placed within coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? No If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ®None (ii) Describe the purpose of the excavation in these areas: 13 4. GENERAL a. Will the proposed project require the relocation of any existing utility b. Will the proposed project require the construction of any temporary lines? ❑Yes ®No detour structures? ❑Yes ®No If yes, explain: If yes, explain: If this portion of the proposed project has already received approval from local authorities, please attach a copy of the approval or certification. C. Will the proposed project require any work channels? d. How will excavated or fill material be kept on site and erosion ❑Yes ®No controlled? If yes, complete Form DCM-MP-2. Silt fencing and other measures e. What type of construction equipment will be used (for example, f. Will wetlands be crossed in transporting equipment to project site? dragline, backhoe, or hydraulic dredge)? ®Yes ❑No Backhoe, grader, piling rig If yes, explain steps that will be taken to avoid or minimize environmental impacts. Temporary logging mats in wetland areas g. Will the placement of the proposed bridge or culvert require any shoreline stabilization? ❑Yes ®No If yes, complete form MP-2, Section 3 for Shoreline Stabilization only. 3/31 /2020 Date Trinity Landing Project Name Lutheran Retirement Center -Wilmington, Inc. Applicant Name )Jia� -"D" , Agent, Land Management Group Applicant Signature Application for Major Modification to CAMA Permit # 6-20 Trinity Landing Wilmington, New Hanover County 14 5. DCM MP-1 Section 6.0 Additional Information 5.1 Section 6. a. Project Narrative Trinity Landing is a planned continuing care retirement community by Lutheran Retirement Center -Wilmington, Inc. The 48.52 -acre tract is located at 4915 Masonboro Loop Road in New Hanover County. The property lies between Masonboro Loop Road and the Atlantic Intracoastal Waterway. Adjacent waters are classified as SA- ORW and the area is open to the harvest of shellfish. The project will feature a residential community consisting of apartments and villas with amenities including restaurants, art studio, wellness center, indoor pool, salon, spa, library, convenience store, waterfront pavilion, boat lifts, kayak launch and walking trails. The property has been rezoned to EDZD (Exceptional Design Zoning District) by New Hanover County. The project has received a previously issued Land Disturbing/Grading Permit and a Stormwater and Erosion Control Permit from the New Hanover County Engineering Department. A State Stormwater Management Permit (No. SW8190405) has been previously issued by the NCDEQ Division of Energy, Mineral and Land Resources. Site development on the western upland portion of the project is underway and a previously issued express CAMA permit (#6-20) was authorized for development within the 575' ORW AEC. A Major Modification to CAMA Permit # 6-20 is sought for the remaining approximate 1.35 acre waterfront portion of the property. This includes access bridges from the western upland portion of the property currently under development, a waterfront pavilion with golf cart access/parking, and 9-slip boat lift dock with a gazebo and kayak launch. These development activities are detailed within the attached drawings and MP forms. There are no excavation or filling of coastal wetlands proposed. All 404 wetlands have been delineated and then approved by the Corps of Engineers. Coastal wetlands and the normal high water lines have been delineated and then approved by DCM staff. Temporary 8' x 10' directional bore excavation pits areas will support the installation of one waterline (2" diameter x —959' length) and one sanitary sewer fused joint PVC maintained at 3' minimum and 5' maximum covered below ground (2" diameter x—1,067' length). All pavement surfaces will be pervious concrete totaling 2,597 square feet on the intermediate island and 5,452 square feet for the pavilion parking. No pavers are proposed. One pavilion building is proposed with the roofline area dimension measuring 3,024 square feet. Application for Major Modification to CAMA Permit # 6-20 Trinity Landing Wilmington, New Hanover County 15 Appendix A -Site Location Map and Work Plats �`. � - -1 !• �#• ' R •'- r�. �" i � - '°f ya + T`"' ,.y'�"�" z yam,, � / / \ � — \ !` _ . ���� � ..-� �� ,S'��I{ r .. a�`.r�. ,�`;�i � V+ i�11•ey�y ti �. �" ' s r<,ay � \ t: °$ .., �� - /V`) a� 144 NS LEV- / Ys 14 .., WILLIAM AND SARAH MERRI r J 5624 CAPTAINS LANE WILMINGTON. NC 28409 r ,, � � �`y`"�2Y 1!d ��y;�',,.K,,w •' fi�� > .\' ._ ,.per �. 6" - l s / � SN4• ` �q " +. STATE OF NORTH CAROLINA - y S DOA STATE PROPERTY OFFICE 1301 MAIL SERVICE CENTER RALEIGH NC 27 9 301 M1 . _ � !f•- �,�• Ire - 'dP }'° s � /�, _T.�" _ y ¢',°��G\°• ;� � � •" . -` <_�<: a~ y(/ r �, ..� ,. �i�7 t ..,i��a�ck:�.. � - ��'a ta.. � �i-a�� `�.• -,zr e ��S 4.�� p / % �r 000 V ca G°y RIM— 4 5 . Sp �� INV — INV. UT= 6 _ / :/ • / y\ \ \ —� "'°"'xx. SSMH NO.IC INV.I N= 13.21 INV. OUT= 13.12 TEL PEO e0% 575' AE C m k \ ,: _ a a ► SSMH NO. RIM— .88 INV. 2.58 2.58 is y4 _ \ \ (FULL OF WATER) 4 \ \\I MASONBORO LOOP ROAD \\ \ a I B RI 2 a� m uoi Ol PERMITTED BUILDINGS, STORMWATER PONDS, ROADS AND UTILITIES (CAMA PERMIT # 6-20) BRIDGE 1 75' NHC COD SETBACK SEE PROFILE 1 35' NHC VEGETATIVE 30' CAMA BUFFER BUFFER NHW Legend Property Boundary NOTES. Project: Date: Revision Date: 1. BASE FILES PROVIDED BY OTHERS LM G Trinity Landing 3/31/2020 4/22/2020 2. NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING ONLY. Major Modification Scale: Job Number: LAND MANAGEMENT GROUP CAMA Permit # 6-20 1 "=200' LMG16.043 y� i Title: a DAVEYcompany 3805 Wrightsville Ave, Suite 15 Plan View Drawn By: Sheet Number: 0 Wilmington, North Carolina 28402 GSF 2 of 6 Telephone: 910-452-0 001 C:\Users\gf0014\Desktop\Trinity Landing -Major Mod.dwg ��... ` \� .._..._ lily i �FrpS ✓0 ' \ V~ vy VV / V Q 404 WETLAND LINE •/ . ' \COASTAL WETLA D LINE w DIRECTIONAL I • BORE UTILITIE 1-00 LOD 00 aw a � a• ' LOD `- 0- t <^ J �•,, PERV O 5NHC COD SETBAC-K , 35' NHC VEGETATIVE BUFFER Legend Property Boundary BRIDGE 1 499' X 12' SEE PROFILE 1 NHW 30' CAMA BUFFER UI BRIDGE 2 270' X 12' PERVIOUS PARKING AND WALKWAYS 30' CAMA 75' NHC COD SETBACK BUFFER 35' NHC VEGETATIVE BUFFER FIXED PIER 126' X 6' FRO M COASTAL WETLAND L E EE O ILE too 4 O \ \ 007 1 ) PE VI U 4 X 10' �� P ATG M ITH 404 LAND LINE �!- KAYAK LAUNCH PAVILION 63' X 48' 9 SLIP FIXED ROOF LINE RIPARIAN - ( ) DOCKING FACILITY /CORRIDOR (LIFT SLIPS) NOTES: 1. BASE FILES PROVIDED BY OTHERS. 2. NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING ONLY. o Project: Date: Revision Date: Trinity Landing 3/31/2020 4/22/2020 ZLMGMajor Modification _ CAMA Permit # 6-20 Scale: Job Number: LAND MANAGEMENT GROUP 1"=100' LMG16.043 a Ov Title: .company 3805 Wrightsvilleine Ave,AvSuite 15 Waterfront Drawn By: Sheet Number: ✓ilmington, North Carolina 28402 Detail GSF 3 of 6 Telephone:910-452-0001 6' WIDE ACCESS PIER (126' LONG FROM COASTAL WETL ND LINE) tOD t i i i J I , ' 00 °Q7� ,00 22' X 22' COVE D GAZ60 \ / J (24f X 24' RG�O LINO ,12' X 8' FIXED PLATFORM ,' �� ; V�%ATE�BO D'YWIDTH 36 X 4 RAMP � 00 � � 35' C V ETATIV �' �' �'' � � 1 � > '� X 10 RAMP LANDING DOCK ► PRO 'ILE 2 FFER �5' On SETBACK,/'A 4' YAK LAUNCH- DOCKS i WITH GRAB BARS -2 MLW 1 S OUTER EDGE OF M,RSH �/ Q ' COASTAL WETLAND LINE 28' / Z ' 30' CAMA BUFFER /I �r �l C4U 404/VVE LAND �/ I N E ; / ; / / co -0 MLW / USACE NAVIGATION \? � % CHANNEL SETBACK NFJVV_ 8 -10 Legend MLW Contours — — — — — — — — — — — NOTES: 1. ALL SLIPS TO HAVE BOAT LIFTS. Project: Date: Revision Date: LM G Trinity Landing 3/31/2020 4/22/2020 2. BASE FILES PROVIDED BY OTHERS. Major Modification CAMA Permit # 6-20 Scale: Job Number .�a: 3. NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING ONLY. [,AND mnNncFutsnrcaoue 1"=30' LMG16.043 a DAVE4, company Title: 3805 Wrightsville Ave, Suite 15 Dock Detail Drawn By: Sheet Number: Wilmington, North Carolina 28402 GSF 4 of 6 Teleohone:910-452-0001 75' NHC COD SETBACK 2( 75' NHC COD SETBACK 35' NHC VEGETATIVE BUFFER „--"—"—�— OFILE 1 / DIRECTIONAL BORE PIT 499' X 12' BRIDGE (GUARDRAIL NOT SHOWN) LOD LOD OD1 LOD �� LOD LOD t v DIRECTIONAL BO LOD LOD - pO-1 p0� p�;J. COASTAL WETLAND LINE 404 WETLAND LINE 10 0 i J/ 001---� 001--, 00l / p0� ---------- OD AND SILT FENCE TL E DIRECTIONA BO IT 35' RHC VEGETATIVE BUFFER 35' VEGETATIVE SETBACK COASTAL WETLAND LINE 35' VEGETATIVE SETBACK F12'-WIDE BRIDGE WITH GUARDRAIL ana tnn=Tl nnln I INI1= � O-Lnn 0-&-Gn 3' MIN. 3' MIN.Fl- Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q utuu t EXISTING GRADE L 404 WETLAND LINE V PILINGS PER ENGINEER COASTAL WETLAND LINE (SIZE, SPACING, DEPTH) NOTES: 1. BASE FILES PROVIDED BY OTHERS 2. NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING ONLY. 1 1 1 Trinity Landing ;;�MLM G ajor Modification LAND MANAGEMENT GROUP �5 a D/WEYcomyany 2 CAMA Permit # 6-20 Title: 3805 Wrightsville Ave, Suite 15 in ton, No th Carolina 28402 Profile 1 Telephone:910-452-0001 LTa7U 3/31 /2020 4/22/2020 Scale: Job Number: 1 "=20' LMG16.043 Drawn By: Sheet Number: GSF 5of6 10 JOINT 04/COAST L a WATERBODY WIDTH ; °o,\ °� WET AND LINE ;/ / 007 �Oo OUTER EDGE OF MARSH °p USACE NAVIGATION °p' CHANNEL SETBACK - r , Q 30' CAMA BUFFER 35' HC VE TATIVE BU FER ,Q 3�oo /=Q 75' N COD S BACK NHW 4U o PROFILE 2 j I ; 2( 1( PIER CONTINUES JOINT 404/COASTAL WETLAND LINE n+nn / —:in' (:AAA RI IFFFR 1/4 WATERBODY WIDTH 24' X 24' COVERED GAZEBO (ROOF LINE) USACE NAVIGATION CHANNEL SETBACK 1+nn nUTFR FDGF OF MARSH 7 z+nn 3' MIN. -� — — — — — — — NHW MLW u*uu Ituu EXISTING GRADE NOTES: 1. BASE FILES PROVIDED BY OTHERS 2. NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING ONLY. PILINGS PER ENGINEER (SIZE, SPACING, DEPTH) LTUU LM G Trinity Landing Major Modification LAND MANAGEMENT GROUP CAMA Permit # 6-20 �i a DAVEYi comyany Title: 3805 Wrightsville Ave, Suite 15 Profile 2 Jilmington, North Carolina 28402 Telephone:910-452-0001 3/31 /2020 3TUU 4/22/2020 Scale: Job Number: As Noted LMG16.043 Drawn By: Sheet Number: GSF 6 of 6 10 15 Appendix B-Deed, Agent Authorization, Adjacent Riparian Owner Notifications Book 6092 Page 685 BK: RB 6092 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III RRECCO DEED:-689 2017031817 NC FEE $26.00 09-29-2017 NEW HANOVER COUNTY, NC 01:42:06 PM TAMMY THEUSCH BEASLEY BY: STEPHANIE PEREZ REGISTER OF DEEDS DEPUTY NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: None Parcel Identifier Nos.: R07600-003-001-001; R07700-001-018-001 Prepared by and return to: Matthew A. Nichols, Smith Moore Leatherwood LLP, 101 N. Third St., Suite 400, Wilmington, NC 28401 Brief descriptions for the Index: 7.23 acres, Masonboro Loop Rd. 9.42 Acres Lossen Tract All or a portion of the property herein conveyed( ) includes or( x ) does not include the primary residence of Grantor. NO SEARCH OR OPINION RENDERED BY PREPARER THIS DEED made this day of September, 2017, by and between GRANTOR Lutheran Services for the Aging, Inc. (formerly known as North Carolina Lutheran Homes, Inc.) a North Carolina Non -Profit Corporation, PO Box 947 Salisbury, North Carolina 28145 GRANTEE Lutheran Retirement Center — Wilmington, Inc. a North Carolina Non -Profit Corporation, PO Box 947 Salisbury, North Carolina 28145 [The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors and assigns, and shall 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 and sufficiency of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all those certain lots or parcels of land situated in Masonboro Township, New Hanover County, North Carolina, and being more particularly described as follows: BEING all of those two tracts described on EXHIBIT "A" attached hereto, made a part hereof, and incorporated herein by reference. TO HAVE AND TO HOLD the aforesaid lots, tracts or parcels of land described on Exhibit "A" attached hereto and all privileges, easements and appurtenances thereto belonging to the Grantee in fee simple. Book 6092 Page 686 And the Grantor covenants with the Grantee that the 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, except as set forth herein, and the Grantor will warrant and defend the title against the lawful claims of all persons whomsoever, except for the exceptions hereinafter stated. Title to the property hereinabove described is conveyed subject to: above. 1. Ad valorem taxes for the current year and thereafter; 2. Restrictive covenants of record, if any; 3. Easements, permits and rights of way of record; and 4. Zoning and/or subdivision ordinances and regulations. IN WITNESS WHEREOF, Grantor has caused this deed to be duly executed as of the day and year first written GRANTOR: LUTHERAN SERVICES FOR THE AGR4G, INC. 1-2 . Goins, Jr., STATE OF NORTH CAROLINA COUNTY OF 'KU W lAy I, k-A 2 (, N K , kh A D t) lzy , a Notary Public for '-R_0 W H N, County, State of North Carolina, certify that Ted W. Goins, Jr. personally appeared before me this day and acknowledged that he is the President of Lutheran Services for the Aging, Inc., a North Carolina non-profit corporation, and that he, as President, being authorized to do so, executed the foregoing on behalf of the corporation. Witness my hand and official seal, this the (Vlhday of September, 2017. Notary Public My Commission Expires: [SEAL] l� 3y �0l'7 2 Book 6092 Page 687 EXHIBIT "A" TRACT ONE: (PID # R07600-003-001-001) BEGINNING at a point in the Northern line of the State of North Carolina's tract recorded in Book 1010, Page 739 (said tract formerly being the Atmore Walker tract) at the Southwestern corner of the Squires tract recorded in Book 1156, Page 1164 (formerly the C. W. and W. B. Stokley tract), said point being located North 67 degrees 45 minutes 45 seconds West 480.00 feet as measured with said Northern line of the State of North Carolina's tract from the Southeastern corner of the Squires tract (Book 1160, Page 1098) in the center of the Old Military Road; and running thence from said beginning with said Northern line of the State of North Carolina's tract North 67 degrees 45 minutes 45 seconds West 1216.93 feet to a point in the Eastern margin (30 feet from the centerline) of the Masonboro Loop Road (N.C. State Road 1492); thence with said Eastern margin North 26 degrees 34 minutes 22 seconds East 262.53 feet to the Southwestern corner of the North Carolina Lutheran Home tract recorded in Book 1209, Page 458; thence with the Southern line of said North Carolina Lutheran Home tract South 67 degrees 47 minutes 29 seconds East 1186.61 feet to the Northwestern corner of the aforesaid Squires tract (Book 1156, Page 1164); and thence with the Western line of said Squires tract South 19 degrees 56 minutes 09 seconds West 262.58 feet to the BEGINNING, containing 7.23 acres, the same being all of the second tract of the Norton-Goldblatt-Dondero property as described in deed recorded in Book 813, Page 275 of the New Hanover County Registry. And being the same property described in that deed to North Carolina Lutheran Homes, Inc. recorded in Book 1279 at Page 1352 of the New Hanover County Registry. (North Carolina Lutheran Homes, Inc. changed its name to Lutheran Services for the Aging, Inc. by Articles of Amendment to the Charter of North Carolina Lutheran Homes, Inc., filed on December 4, 1985, with the North Carolina Secretary of State. See certificate issued by the North Carolina Secretary of State dated October 21, 2009, and recorded on November 20, 2009, in Book 5.451 at Page 2709 of the New Hanover County Registry.) TRACT TWO: (PID # R07700-001-018-001) BEGINNING at a point in the agreed line between Lossen and Farrar as shown by map recorded in Map Book 4, Page 41, New Hanover County Registry, said point being in the centerline of the Old Military Road and located South 700 17' 36" East 1633.45 feet as measured with said agreed line from the Eastern line of the Masonboro Loop Road (S.R. 1492), and running thence from said beginning point with said agreed line South 70' 17' 36" East 1981.54 feet to a point in the Western right of way line of the Atlantic Intracoastal Waterway; thence with said right of way line South 22' 53' 29" West 211.63 feet to a point; thence North 70' 05' 20" West 1971.47 feet to a point in the centerline of the old Military Road; thence with said centerline North 200 10' 36" East 204.27 feet to the point of BEGINNING, containing 9.42 acres and being the Northern portion of the Lossen tract described in Deed Book 234, Page 388, New Hanover County Registry, and shown on plat of survey by Henry Von Oesen and Associates, Inc., dated January, 1982 and recorded in Map Book 6092 Page 688 Book 21 of Page 20 in the New Hanover County Registry. And being the same property described in that deed to Lutheran Services for the Aging, Inc. recorded in Book 5450 at Page 1505 of the New Hanover County Registry. El Book 6092 Page 689 TAMMY THEUSCH �T BEASLEY lr eW Hanover County Register Of Deeds Register of Deeds 320 CHESTNUT ST SUITE 102 - WILMINGTON, NORTH CAROLINA 28401 Telephone 910-798-4530 - Fax 910-798-7716 Ji State of North Carolina, County of NEW HANOVER Filed For Registration: 09/29/2017 01:42:06 PM Book: RB 6092 Page: 685-689 5 PGS $26.00 Real Property $26.00 Recorder: STEPHANIE PEREZ Document No: 2017031817 DO NOT REMOVE! This certification sheet is a vital part of your recorded document. Please retain with original document and submit when re-recording. RE"ry ftm to Prepared by% NORTH CAROLINA 8001t i'AGE '8r"9A �� Ate V�RlFtE4 1414 0 5 3`0 RED [MR, rr€an n + R��o�I H f P��D4 NEW"IAA Mad. No Mar 5 10 38 010 William R. 8he11, P. 0. got 192, Wilmington, NC NEW HANOVERsCOUNTY WARRANTY DEED �0 RBVaN[1m 8'lAII�S - THIS DEED made 'this j- dayof 1J 1988, bSetweeh, 't,utherari Servic@s for the Aging, Inc, a' North Carolina Corporation With its principal office in Salisbury, North'Catolifia, hefAin called GRANTOR, to Lutheran Retirement Center=Wilmington;'IInc.,` a North' Carolina' corporation With its principal office in Salisbury, North Carolina, whose mailing address is P. 0. Box-947, Salisbury, NC 28145-0947, herein called GRANTEE. W I T N E S S E T H T H A T The GRANTOR, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration to them in hand paid by the GRANTEE, receipt of which is hereby acknowledged, have bargained and sold, and by these presents do bargain, sell and convey unto GRANTEE and its successors and assigns, all that certain real property located in New Hanover County, North Carolina, as described in deeds recorded in Deed Book 1330, Page 1452 and Deed Book 1330, Page 1459, Office of the Register of Deeds of New Hanover. TO HAVE AND TO HOLD the abode granted and described property together With all and singular the.rights, privileges easements, tenements and appurtenances thereunto belonging, or in anywise appertaining unto the said GRANTEE, its successors and assigns, in fee simple forever, 225893 80Uw PAGE 1414 0531 And the GRANTOR, for itself, its successors and assigns, does covenant to and with the said GRANTEE, its successors and assigns, that it is seized in fee simple of the above granted and described property; that it has good right to sell and convey the same in fee simple; that the same is free and clear from any and all restrictions, easements or encumbrances, except those mentioned above; and that it will and its successors and assigns Shall warrant and defend the title to the same against lawful claims and demands of any and all persons whomsoever, IN TESTIMONY WHEREOF, the said Grantor has caused this instrument to be executed the day and year first above written, Lutheran Services for the Aging, Inc, HY:�cVu Presiders NORTH CAROLINA COUNTY a Notary1@YZ�' Public in and for t1fe State and Count a ore�do certify that Cf;'«r /-J�Aa Af. y'77zqU&jj personally came before me this and acknowledged t at$he is secretary of Lutheran Services for the Aging, Inc., a North Carolina corporation, with its principal office in Salisbury, North Carolina, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its president, sealed with its corproate seal, and attested by himself as its secretary. WITNESS my hand and official seal this /A/tI, day of 1988. 2 1001k PACE 1414 x �.e s-,.--- ' 7TNotary PUbliff°ls� !1y edgnibldon 656p r�61 A NORTH CAR OUNA NEW RAWOR COUNTY The foregoing'cectificate Of Elizabeth H. Bayliff, , Notary Public is certified to be.00rrect. This SO day of Mai , 1988. REBECCA F. TUCMM 'REGISTER OF DEEDS OF NEW HANOVER COUNTY By. " Dep \w I i4i;F 57142I 1780 .1uctS yzz 1� Prepared by: William R. Shell, P. 0. Box 382, Wilmingkbn� Nt G-- 'Ir3 NORTH CAROLINA NEW HANOVER COUNTY WARRANTY DEED THIS DEED made this 1.iL day of 1u L`I , 1988, between, Lutheran Services for the Aging, Inc., a North Carolina corporation, herein whether one or more, called GRANTOR, to Lutheran Retirement Center -Wilmington, Inc., a North Carlina corporation, whose mailing address is 2304 South Main Street, Salisbury, NC 28145, herein whether one or more, called GRANTEE. W I T N E S S E T H T H A T WHEREAS, the below -described property was conveyed by Abba Lossen Crumpler (Widow) and Abba Mae McFarland (Single) to North Carolina Lutheran Homes, Inc. by deed recorded in Book 1209, Page 458, Office of the Reigster of Deeds of New Hanover County; and, WHEREAS, the property was conveyed for the purpose of conducting a ministry directed substantially toward older adults in accordance with the purposes of which North Carolina Lutheran Homes, Inc., as set forth in its Articles of Incorporation, was formed; and, WHEREAS, by Articles of Amendment filed with the Office of the Secretary of State of North Carolina on December_ 4, 1985, the name of North Carolina Lutheran Homes, Inc. was changed to Lutheran Services for the Aging, Inc.; and, WHEREAS, by Articles of Incorporation filed with the F&IMNED TKO B91)+ =ASE 1421 1781 Office of the Secretary of State of North Carolina on December 4, 1985, Lutheran Retirement Center -Wilmington, Inc. was incorporated for the purpose of establishing a continuing care retirement facility, said facility contemplated being built on the property described below; and, WHEREAS, pursuant to the Articles of Incorporation of Lutheran Retirement Center -Wilmington, Inc., said corporation was established as a subsidiary of Lutheran Services for the Aging, Inc.; and, WHEREAS, Lutheran Services for the Aging, Inc. desires to convey the property described below to Lutheran Retirement Center -Wilmington, Inc. and such conveyance has been authorized by appropriate motion of the Board of Trustees of Lutheran Services for the Aging, Inc. NOW,THEREFORE, the GRANTOR for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration to it in hand paid by the GRANTEE, receipt of which is hereby acknowledged, has bargained and sold, and by these presents does bargain, sell and convey unto GRANTEE and its successors and assigns, all that certain real property described in Book 1209, Page 458, Office of the Register of Deeds of New Hanover County, North Carolina. TO HAVE AND TO HOLD the above granted and described property together with all and singular the rights, privileges easements, tenements and appurtenances thereunto belonging, or in anywise appertaining unto the said GRANTEE, its successors and 2 B" PAGE 1421 1782 assigns, in fee simple forever. And the GRANTOR, for itself, its successors and assigns, does covenant to and with the said GRANTEE, its heirs, successors and assigns, that it is seized in fee simple of the above granted and described property; that it has good right to sell and convey the same in fee simple; that the same is free and clear from any and all restrictions, easements or encumbrances, except those mentioned above; and that it will and its successors and assigns shall warrant and defend the title to the same against lawful claims and demands of any and all persons whomsoever. IN TESTIMONY WHEREOF, the said GRANTORS have caused this instrument:: -to be executed the day and year first above written. Lutheran Services for the '== Aging, Inc. President Vrporate Seal) ATTEST: 21 Lu., -C ,Z(Gdd.<<, Secretary STATE OF NORTH CAROLINA ROWAN COUNTY I� Yf ,�! , a Notary Public in and for the Stlhte and County said, do certify that 3 Bair -4rF . 1421 1783 personally came before me this day and acknowledged that a is secretary of Lutheran Services for the Aging, Inc. a North Carolina corporatin, with its principal office in Salisbury, North Carolina, and that by authority duly given and as the act of the corpOLaiton, the foregoing instrument was signed in its name by its president, sealed with its corporate seal, and attested by hteself as its secretary. WITNESS my hand and official seal this P—' day of 1988. Notary Public` My commission expires: STATE OF NORTH CAROUNA News Hanover Couptl;yvt The F!r-eg IC C[Il-7. of --Eliiabfth H- BaylafX Y3o-tar} Is Cer[Ifled fD be COIFKI. 1� —_— This the-_5 _day of _ duly- F9 88 P_ Tucker. Resler of Dft-& - "�'-- Sl BOOK "AGE 1432 0123 � �rnms m Prepared by, William R. Shell, P.O. Box 382, Wilmington, NC 2-0402.17 'n STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER RELEASE DEEDd a THIS RELEASE DEED made this 64- day of -'` il(hl 1988, by and between Abba Mae McFarland (Single) off San Diego County, California, Signe L. Blaton and Husband, James D, Blanton of Brunswick County, North Carolina, Katie L. Osborne (Widow) of Brunswick County, North Carolina, Thomas G. Lossen and Wife, Barbara S. Lossen of Hertford County, North Carolina, George A. Lossen (single) of Brunswick County, North Carolina and C. D. Gurganus of New Hanover County, North Carolina, hereinafter referred to as GRANTORS; and Lutheran Retirement Center - Wilmington, Inc., a North Carolina corporation, hereinafter referred to as GRANTEE. 49 I W I T N E S S E T H• WHEREAS, Abba Mae McFarland and Abba Lossen Crumpler heretofore executed to North Carolina Lutheran Homes, Inc, a certain deed on September 1, 1982 and recorded on September 20, 1982 in Deed Book 1209 at Page 458 in the New Hanover -County Registry, a true copy of said deed being attached hereto as Exhibit A and incorporated herein by reference; and, WHEREAS, said deed was executed by the Grantors therein and accepted by North Carolina Lutheran Homes, Inc, upon 6ertain expressed conditions as set forth therein, said conditions reading as follows: Or '1. The said land shall be used as a site on which shall be established as soon as may be practicable a facility, to include necessary and suitable structures, to conduct a ministry directed substantially toward older adults in accordance with the purposes for which the Grantee was incorporated, as set forth in the Articles of Incorporation filed with the Secretary of State, as amended. 2. The said land shall be used and maintained for said purposes for a period of not less than fifty (50) years from the establishment of the facility, and, if thereafter sold or transferred, the proceeds therefrom shall be likewise used to further the purposes of the Grantee as set forth in the aforsaid Articles, as amended. 3. The Grantee shall have immediate possession of the land hereinabove described and shall have the "MoAmp"W W1 . 'A. 6hfi It 238W4 Boot PAGE 1432 0124 right at any time to begin the work on the facility and to open the same as soon as it may be practicable to do so. Unless the Grantee shall have within five (5) years from and after the date of this deed completed some portion of the aforesaid facility and opened the same for conduct of activities consistent with the purposes hereinabove described, then all right and title of the Grantee in and to the said land shall cease and determine and the said land with all improvements and appurtenances thereto attached shall go to, vest in and become' the property of the Grantors, their heirs and assigns. 4. The facility to be established shall be named by Grantee in a manner to recognize in an appropriate manner the Lossen family name. without limiting the naming options, it is agreed that 'Lossen Unit -North Carolina Lutheran Homes, InC.," or a designation thereto, is acceptable to Grantors. 5. Grantors shall have the right for a period of one (1) year from the date hereof to inform Grantee of a preferred structural design for the main entrance to the property, which design shall incorporate, in an appropriate manner, the name of the facility; provided, however, that any such design submitted shall be prepared at the expense of Grantors by a duly licensed architect and shall be consistent with state and local law and regulations and consistent with engineering, architectural and practical requirements of the Grantee. 6. Grantee agrees prior to beginning construction to investigate the feasibility of utlizing a windmilll for pumping water or generation of electric !power and to provide Grantors with a copy of the feasibility study. If the use of a windmill for such purposes is, in the sole judgment of Grantee, economically feasible at the aforesaid time, Grantee agrees to give appropriate consideration to installation of such a device in connection with the construction of the facility,• WHEREAS, by Articles of Amendment filed in the Office of the Secretary of State of North Carolina the name of North Carolina Lutheran Homes, Inc, was changed to Lutheran Services for the Aging, Inc.; and, WHEREAS, by North Carolina Release Deed recorded in Book 1317 at Pages 1259 and 1261, Abba Mae McFarland and Abba Lossen Crumpler released the reversionary interest as set forth in condition No. 3 in the above -referenced deed in the favor of Lutheran Services for the Aging, Inc., formerly North Carolina Lutheran Homes, Inc.; and IOU PAGE 1432 0125 WHEREAS, Abba Lossen Crumpler is now deceased and her will was probated in the Office of the Clerk of the Superior Court of New Hanvoer County, North Carolina in File No. 87 E 768, said will not mentioning the property previously conveyed as aforesaid nor any rights or interest in the enforcement of the aforesaid restrictions; and, WHEREAS, Abba Mae McFarland, Signe L. Blanton, Katie L. Osborne, George A. Lossen and Thomas G. Lossen are all of the descendants and heirs at law of Abba Lossen Crumpler; and WHEREAS, C. •0. Gurganus is the appointed and act as Executor of the Estate of Abba Lossen Crumpler; and WHEREAS, the subject real property was conveyed by Lutheran Services for the Aging, Inc., to Lutheran Retirement Center -Wilmington, Inc., by deed dated July 1, 1988 and recorded on July 5, 1988 in Deed Book 1421, Page 1780, in the New Hanover County Registry. WHEREAS, in order to borrow funds for the development and construction of the retirement center on the property described in Deed 1209, Page 458, in the Office of the Register of Deeds of New Hanover County, it is necessary that all of the conditions as contained in the original deed from Abba Mae McFarland and Abba Lossen Crumpler be released and all of the Grantors herein have agreed to do so; and, WHEREAS, the Grantors in consideration of Ten ($10.00) Dollars and other good and valuable considerations in hand paid by the Grantee, the receipt of which is hereby acknowledged, do wish to release the Grantee from all of the conditions remaining in the aforesaid deed, the same being conditions 1, 2, 4, 5 and 6, and to rlearle any interest in themselve, their heirs and assigns in said conditions. NOW, THEREFORE, the Grantors do remise and release and forever quitclaim unto the Grantee any rights or interests of any kind which they may have whatsoever in any of the conditions as contained in the deed recorded in Deed Book 1209, at Page 458, in the Office of the Register of Deeds of New Hanover County. IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals, the day and year first hereinabove written. A ba Ma McFarland (Single) 3PVP PAGE 1432 0126 S gne . Blanton �^ (SEAL) ���SEAL) 4-1. (SEAL) Ratie L, Osborne (Widow) (SEAL) Thomas G. Lossen (SEAL) Barbara S. Lossen (SEAL) George A. Lossen (Single) if (SEAL) C. D, Gurganus: Executor of the Estate of Abba Lossen Crumpler 4 o,n Boor• PAfE 1432 0127 STATE OF CALIFORNIA SAN DIEGO COUNTY I' ` Dle, L , a Notary Public in and for the State and Co my aforesaid, do certify that Abba Moo y McFarland (Single) personally came before me this day and acknowledged the due execution of the foregoing release deed. WITNESS my hand and official seal this 3 day of 198 1988. OFF CIAL SEAL DMS PAYNE FM'iry F1h':c-!'aEAernia �(t � �� _ SwuiEsocour4rr Notary P blic My ctmm E.r .km 26 19-, My commi STATE OF NORTH CAROLINA BRUNSWICK COUNTY I' a Notary Public in and for the S at and County aforesaid, do certify that Signe L. Blanton and Husban games D, Blanton personally came before me this day and acknowledged the due execution of the foregoing ease deed. WITNESS my hand and official seal this daY''9f. . 1988. Ar M omission expires; s ary Publi¢�a� 0 annK ?ar,E 1432 0tL8 STATE OF NORTH CAROLINA BRUNSWICK COUNTY 1, a f1 , a Notary Public in and for the State an�X jity aforesaid, do certify that Katie L. Osborne (Widow) persona ly came before me this day and acknowledged the due execution of the foregoing release deed. AA WITNESS my hand and official seal this AE day of 1988. 8y commission expires: Ij ow" -1 BOB &now it UP Notary Public t: '•� STATE OF NORTH CAROLINA HERTFORD COUNTY It ` �` ""11� — , a Notary Public in and for hg/State and County aforesaid, d�tify that Thomas G. Lossen and Wife, Barbara S. Lossen personally came before me this day and acknowledged the due execution of the foregoing rele se deed. WITNESS my hand and official seal this day of, 1988. _.. i' s` Q Hy commission 4exp res: 6 otar Public~`+,2�r fu BOOK ?Ar,E 1432 0129 STATE OF NORTH CAROLIpA BRUNSWICK COUNTY a Notary Public in and for the S at and County aforesaid, do certify that George A. Lossen (Singl rsonally came before me this day and acknowledged the due execution of the foregoing rele e deed. WITNESS my hand and official seal this y 1988. - 14/////4 / Z e if {7r. Notary Public f-(" My o isesion expiress '�' •r STATE OF NORTH CAROLINA NEW HANOVER COUNTY I, -'—i /s• (� y a Notary Public in and for the State and County aforesaid, do certify that C. D. Gurganus, Executor of the Estate of Abba Lossen Crumpler, personally came before me this day and acknowledged the due execution of the foregoing release deed. WITNESS my hand and official seal this b 4 day of 1988. Notary Public My commission expires: ��. l99f �nm�u• hi. r •[Opp �`�••``:�a. STATE OF NORTH CAROLJNA, Ne. BmMM Coealr The Fomgoing Cedifoate(t) of ..... Doris PMet llargaret_tl. Bordeaux , Elizabeth F- --- - Elizabeth __Dawson1_4ennie B__ThomQsonl_i Loris B. OakesNotari l__esi _Publc ____ ------ ------------------------------------------- --JhXam) eetdi'ied to be ooneCL This-__29- day a-----cEe_p_t9j1be=..... )LD�19_88_. P. prof By------ - puty ` J J B04r•. "AGE Buu► 04-23 i433 6368rn Prepared by: William R. Shell, P.O. Box 382, jilmington, NC 2-0402;' =inrnv STATE OF NORTH CAROLINA RECORDED D �%REBECAp C lUKFafCC4Pkp1Eki REC'SItjz-tif•F o•..fSTcw '� %•� COUNTY OF NEW HANOVER Doi -i RELEASt :.8EEDc o uur 10 10 52 Al , sz , THIS RELEASE DEED made this � day of hl , 1988, by and between Abba Mae McFarland (Single) of San, Diego County, California, Signe L. Blaton and Husband, .Tames D. Blanton of Brunswick County, North Carolina, Katie L. Osborne (Widow) of Brunswick County, North Carolina, Thomas G. Lossen and Wife, Barbara S. Lossen of Hertford County, North Carolina, George A. Lossen (Single) of Brunswick County, North Carolina and C. D. Gurganus of New Hanover County, North Carolina, hereinafter referred to as GRANTORS; and Lutheran Retirement Center - Wilmington, Inc., a North Carolina corporation, hereinafter referred to as GRANTEE. W I T N E S S E T H: WHEREAS, Abba Mae McFarland and Abba Lossen Crumpler heretofore executed to North Carolina Lutheran Homes, Inc. a certain deed on September 1, 1982 and recorded on September 20, 1982 in Deed Book 1209 at Page 458 in the New Hanover County Registry, a true copy of said deed being attached hereto as Exhibit A and incorporated herein by reference; and, WHEREAS, said deed was executed by the Grantors therein and accepted by North Carolina Lutheran Homes, Inc. upon 6ertain expressed conditions as set forth therein, said conditions reading as follows: '1. The said land shall be used as a site on which shall be established as soon as may be practicable a facility, to include necessary and suitable structures, to conduct a ministry directed substantially toward older adults in accordance with the purposes for which the Grantee was incorporated, as set forth in the Articles of Incorporation filed with the Secretary of State, as amended. 2. The said land shall be used and maintained for said purposes for a period of not less than fifty (50) years from the establishment of the facility, and, if thereafter sold or transferred, the proceeds therefrom shall be likewise used to further the purposes of the Grantee as set forth in the aforsaid Articles, as amended. 3. The Grantee shall have immediate possession of the land hereinabove described and shall have the Rertitm-mTo Win . 'TA . 61-v'I 1 o. c m 0 x N- Q b 0 rr v m ,a 138756 800r. PAGE Both oA�;c I�. 1433 0369 right at any time to begin the work on the facility and to open the same as soon as it may be practicable to do so. Unless the Grantee shall have within five (5) years from and after the date of this deed completed some portion of the aforesaid facility and opened the same for conduct of activities consistent with the purposes hereinabove described, then all right and title of the Grantee in and to the said land shall cease and determine and the said land with all improvements and appurtenances thereto attached shall go to, vest in and become the property of the Grantors, their heirs and assigns. 4. The facility to be established shall be named by Grantee in a manner to recognize in an appropriate manner the Lossen family name. Without limiting the naming options, it is agreed that "Lossen Unit -North Carolina Lutheran Homes, Inc.," or a designation thereto, is acceptable to Grantors. 5. Grantors shall have the right for a period of one (1) year from the date hereof to inform Grantee of a preferred structural design for the main entrance to the property, which design shall incorporate, in an appropriate manner, the name of the facility; provided, however, that any such design submitted shall be prepared at the expense of Grantors by a duly licensed architect and shall be consistent with state and local law and regulations and consistent with engineering, architectural and practical requirements of the Grantee. 6. Grantee agrees prior to beginning construction to investigate the feasibility of utlizing windmilll for pumping water or generation of electric power and to provide Grantors with a copy of the feasibility study. If the use of a windmill for such purposes is, in the sole judgment of Grantee, economically feasible at the aforesaid time, Grantee agrees to give appropriate consideration to installation of such a device in connection with the construction of the facility." WHEREAS, by Articles of Amendment filed in the Office of the Secretary of State of North Carolina the name of North Carolina Lutheran Homes, Inc. was changed to Lutheran Services for the Aging, Inc.; and, WHEREAS, by North Carolina Release Deed recorded in Rook 1317 at Pages 1259 and 1261, Abba Mae McFarland and Abba Lossen Crumpler released the reversionary interest as set forth in condition No. 3 in the above -referenced deed in the favor of Lutheran Services for the Aging, Inc., formerly North Carolina Lutheran Homes, Inc.; and BOOK i Afr BOOK PA,E 1433 0370 WHEREAS, Abba Lossen Crumpler is now deceased and her will was probated in the Office of the Clerk of the Superior Court of New Hanvoer County, North Carolina in File No. 87 E 768, said will not mentioning the property previously conveyed as aforesaid nor any rights or interest in the enforcement of the aforesaid restrictions; and, WHEREAS, Abba Mae McFarland, Signe L. Blanton, Ratie L. Osborne, George A. Lossen and Thomas G. Lossen are all of the descendants and heirs at law of Abba Lossen Crumpler; and WHEREAS, C. D. Gurganus is the appointed and act as Executor of the Estate of Abba Lossen Crumpler; and WHEREAS, the subject real property was conveyed by Lutheran Services for the Aging, Inc., to Lutheran Retirement Center -Wilmington, Inc., by deed dated July 1, 1988 and recorded on July 5, 1988 in Deed Book 1421, Page 1780, in the New Hanover County Registry. WHEREAS, in order to borrow funds for the development and construction of the retirement center on the property described in Deed 1209, Page 458, in the Office of the Register of Deeds of New Hanover County, it is necessary that all of the conditions as contained in the original deed from Abba Mae McFarland and Abba Lossen Crumpler be released and all of the Grantors herein have agreed to do so; and, WHEREAS, the Grantors in consideration Of Ten ($10.00) Dollars and other good and valuable considerations in hand paid by the Grantee, the receipt of which is hereby acknowledged, do wish to release the Grantee from all of the conditions remaining in the aforesaid deed, the same being conditions 1, 2, 4, 5 and 6, and to rlease any interest in themselve, their heirs and assigns in said conditions. NOW, THEREFORE, the Grantors do remise and release and forever quitclaim unto the Grantee any rights or interests of any kind which they may have whatsoever in any of the conditions as contained in the deed recorded in Deed Book 1209, at Page 458, in the Office of the Register of Deeds of New Hanover County. IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals, the day and year first hereinabove written. � r Abba e/McFarland (Single) pAG' 800 PAGE P-r—pJ-ib� 1433 0371 (SEAL) Signe , Blanton SEAL) mes D. Blanton (SEAL) Kat a L. Osborne w dow (SEAL) Thomas G, Lossen �-� �yJ ,�f (SEAL) Barbara S. Lossen (SEAL) George A. Lossen (Single) (SEAL) C. D. Gurganus Executor of the Estate of Abba Lossen Crumpler Bupr rAfif 8090 PAGE Iv, 1433 U372 ,1.432r Q127 STATE OF CALIFORNIA SAN DIEGO COUNTY a Notary Public in and for the State and Co my aforesaid, do certify that Abba NQE Y McFarland (Single) personally came before me this day and acknowledged the due execution of the foregoing release deed. WITNESS my hand and official seal this Z '5 day of 1 , 1988. - 0; FICIAI SEAL SAW Ji[CJCOUNTY AYNE )�z�_ � Notary P" 1ic My commi STATE OF NORTH CAROLINA BRUNSWICK COUNTY I► in and for the Spy and County Blanton and Husban , James D. this day and acknowledged the lease deed. WITNESS my hand and 1988. , a Notary Public aforesaid, do certify that Signe L. Blanton personally came before me due execution of the foregoing official seal this 3 dalr�Of. Notary Publ; ommission expires; a�. ra �.. B11lIE ;Ai' E 1433 U373 s1�nK ?AGE STATE OF NORTH CAROLINA BRUNSWICK COUNTY a Notary Public in and for the State an �„��}Ijkty aforesaid, do certify that Katie L. Osborne (Widow) personally came before me this day and acknowledged the due execution of the foregoing release deed, q� 1988. AAQ WITNESS my hand and official seal this �-_[_ day of My commission expires: 11F Mnei Igh VV163 fimvb—v- It UP STATE OF NORTH CAROLINA �2.1-� -tom • �,��,y�! Notary Public HERTFORD COUNTY a Notary Public in and for thgAtat a and County aforesaid,Jd� certify that Thomas G. Lossen and Wife, Barbara S. Lossen personally came before me this day and acknowledged the due execution of the foregoing rele se deed. WITNESS my hand and official seal this day of., 1988. xNotary Public c My commission expires: - BI1)h Bf1UK i,ABE PAGE 1433 0374 STATE OF NORTH CAROLINA BRUNSWICK COUNTY a Notary Public in and for the S atef and County aforesaid, do certify that George A. Lossen (Singl rsonally came before me this day and acknowledged the due execution of the foregoing rele e deed. WITNESS my hand and official seal this y 1447 1988. ary Pudic a. My 0 ].SSIon expires: STATE OF NORTH CAROLINA NEW HANOVER COUNTY a Notary Public in and for the State and County aforesaid, do certify that C. D. Gurganus, Executor of the Estate of Abba Lossen Crumpler, personally came before me this day and acknowledged the due execution of the foregoing release deed. WITNESS my hand and official seal this (p` day of 1988. Notary Public My commission expires: l� kes OT,l 7 STATE OF NORTH CAROUNA, New Hanover County The Foregoing Certificate (s) of _____Doris Payne,_Margairet_M. Bordeaux-, Elizabeth F. Dawsonl_Jennie B._Thorn nl & Loris_B. Oakes, Notaries _____-- --------------------------------------------- -------(is)(are) certified to be correct. This ..... _9_ day of_____Sepj:embex,A.D.,19_88_. Re aP- ker,RegisterofDeed puty l5 ' EXHIBIT A 307� 8C3tcE:i + t NO UVVM9 STAMPS vii w IlAaH CAM LINK 1B THiS OEM, made this 1f'� day of Septlrartr, 1982, ty and t..t ,,..•:, Am laism CKJMPLZt (widow), of -New Itartuvor Cnunty, Nxtn 1%.,•l ilia, =••1 ABBA MAE M:FAN1/4D (single), of San Diego County, California, I,r.-inaftet called the Grantors; and NDM CARDLIWI WMF.RMa ir!7SP_4, INC., :t nestle Carolina corporation, hereinafter called Grand •l�h lCta1-t.r '. v • It , - s.., ". I I • MIM*'.SSL M: S That the Grantors In consideration of TAn ($10.00) Dollars and other good and valuable considerations in hand paid by the Grwat e. the remipt of which is hereby acRnowl-dged, have bargained and sold, and krf 11,•• presentse do grant, bargain, sell, and convey unto the Gr.,nttae, its successors and assigns. the (ol)owing Property ..:Lv Led in Ma-stxlloro Township. New Hannover C.rtnty, North Carolina, and described as follo+,. TRACT 1: BFJGINNING at a point in the Fastern line of the Masonboto Temp road (state Road 1492) at its intersection with the agreed line h-1•..-n LDssen and Farrar as shorn by map recorded in :lap ibok 4, pd;e 41, New Hanover County "istryo and canning thence from said beginning with -aid agreed line South 70 deg. 17 min. 36 sec. Fast 1633.45 feet to a point in the centerline of the Old Military Road; thence with raid centerline r;rinth 20 deg. 10 min. 36 sec. West 356.76 feet to tt.e WrUncast wrner ••f th- Squires tract recorded in Deed Rook 1160, r>wle 10%; thence with ute Northern line of Squires (Deed Wok 1150, range 100A dn1 n- d 6x)L 1156, page' 1164) and the Northern line of P rton (Doed rk-)ok ^13, loge 275), rn„th 67 deg. 47 min. 29 sec. Nest 1666-61 feet to a r-tint in the clacrn lure .4 the Masonboro toop Road (State Road 1492); thence with said Fast,:rn lime Borth 26 deg. 36 rain. Fast 286.08 feet to the point of DWItNING, containing 12.15 acres, as shown on plat of �mvey try Ilonry Von Oc'-r• - I:d Associates, Inc. dated January, 1982 and rec<,rded in rttr. Fv»k 71 it :.rge 20 in the New Hangover County Registry. There is reserved and excepted from Tract 1 for t-ne Cr�tntor, N t,:t "1.ae McFarland, her heirs and assigns, a r. n- xclusive right of irxJ re-+, • ,tens and regress over, across and through that t rrain 'trail' apinuxuluc•:ly twelve (12) feet in width along and ilnne•3tately F—th •.c th^ .tgr^--d uprn line between rnssen and Farrar, as shorn by nap re vrded in Map Ibc,k 4, page 41 in the New Harrower County Registry, said line rtutniry i =,:.,: its beginning point as shown on said map with said agreed line Suutn 70 ,leg. 17 min. 36 sec. Fast 1633.45 feet to a point in the centerline of the Old Military Poad as shorn on plat of survey I/a' Henry vai Owen artd ksst. Inc. dated January, 1982 and recorded in Map PWk 21 at loge 20 in Aew Hanover County Registry. 'DtNCr 2c HE7GIWING at a point in the old rlilir.c; .. Said point located from the intern-ctitln ui th•• .:est•in ]iu.• Mascx16nro 1`x,p Wad (S.R. 1492) I.ith the .tjt l 1:ne 1,,1.•r•_n 7.. .:.i Farrar Muwrl by Plop Ikx* 4, 1++9e 41 ry ti..- 1,111. inr) :ouUt 70 deg. 17 min. 36 `ec. Fast 1633.45 11•I•t 11—.11tl.) +ith ::rid .Jc •-•.l lie. aoci :•nuth 20 deq. 10 min. 36 sec. west '_04.21 t,:�rt .x �sur--.1 rid cent,rline of the old Milit.ny !ts.l, ,nxl utnninq th-.nx ft'.m.t,.- Sxlth 10 dc•3. 05 min. 20 sec. Fast 1971.47 F—t to -t c,>inr in. 'ti, 1 Rczo right .if way line of the Atl:uit is far ,,1,1>,r;t al -.:,t1•I.+ny; --'' right of way lime rIt-th 22 d y. 53 men. 24 t.,a 4.13. 27 I Iu SuAlxrn litre of the Wssen tract .uxl the a.trt L•ernl line o; chr cate .,t Mirth Acolina tract rI l)rded in D,,Itl Rxtk 1010, ixagc 719; IJ,1-n,.- witty l inr tittth 69 d•y. 51 min. 44 sec yr t 1 u�,0. 10 feet to the '�1 •_ -• .vl Ilrr ai the :p,il es It act ?III •I d�_J in @,.1 : -_R i.,gr .Ith ;L.. t'.,..cn line c•f -1 id •:g• t: •'t .-.1 t`:,• . :01 •1+ 11 ", IaI -i 4-1, Ii -nth :=1 1,y. 56 ..: n. u4 .. .-� �'-b1.50 �:•� �vt to tl.•• II ta,•tlhc.l.lt ,ot—r 1A the lignites (cart: 1.. .... '.Ile, :I,c ..:I::..e lio,_ it Ii..-. ,! r,b1 Mi l it.nty n-..d, ?kith 20 A— 10 "'In-'�116 .,. ra 112.49 !­t • he II 1.a111 111 H1T16NIM:.00lainutg 111,14 u-t r:: ­1 I'll 1111t'l` in I,•t I 11 a- 1u:•.•" I""" •1.. 'I 1"A in n,d ilLlk -134, i•,J" IHH, !+. 't", . • . I� V1113.'%KtD by I:I.11IN F. 1`1'11:t1't, 14., AVIl YNKf :if ?f:r, r:INF:i. !• k�=-' I?i t:F'!IA ::!'1: rr. r• o. !r x 1 it,., .:,o ! .ttn Hy, REOORD OF POOR QUALITY DUE TO C0I4DiilON OF GaWINAL DOCUMENT G.S. 101-14 Boot m, f Boor SASE Registry, and shown an Plat of �;urwe) b1 lY•nry�'�f1��n .,� � Inc. dated January. 1992 and recorded in Plaitrtxrlt 71 it :r►je 211 it. T Hanover County Registry. The oonveyan oit of Tracts 1 and 2, ltereinabove de_u!ribed, is -,rs•r spbj•c1 r•• the rights of others• if any, in and to the use of tl.,? .v v m t' :.: rnjnnh •,• deft-ribed and the use of the Old Military Road along tit- l-"-.t.•rn I,.nrla.y of Tract 1 and the Western boundary of Tract. 2. 71tis conveyance is further sub?ect to rights of way mid of --- ird aid the lien of 1982 ad valorem taxes not yet due and ).ryable. 10 HAVE AND 70 HDID the aforesaid part -Is of lard, and all privil•-,- •:. am appurtenances therounto belonging, to the said North CArnlina Lutheran flares, Inc.. its sucrossors and assigns, forever, but .Prom tb.e f-Ale,wiry conditions and trusts: ?his deed is cxeituted by the Grantors and accept-d by tine Grantee riot the followini; express corditienst 1. 11te said lard shall be used as a site on which :,hall he established as soon as may be practicable a facility, to include r—vssary and suitable structures. to conduct a ministry directed substantially toward older adults in accordance with the purposes for %hidt tha Grantee tuns incorporated. as set forth in the Articles of Incorporation filed with the Secretary of State, as amended. 2. The said lard shall be used and maintained for said Purposes for a period of not less than fifty (50) years from the entablishnent of the facility. arid, if thereafter sold or transferred, the yror.•eds therefrom shall bo likewise used to further the putprises of the Grantee as set _with in the aforesaid Articles, as amPtded. 3. -pie Grantee shall have immediate possession of the lard herein - above described and shall have the right at any time to begin the wort, rn the facility and to open the same as soon as :t may he practicable to do so. unless the Grantee shall have within five 15) years from and after the date of this deed completed some portion of the aforesaid facility and opened the sane for conduct of activities consistent with the purposes hereinaboee described, then all right and title of the Grantee in and to the said land shall cease and determine and the said land with all improvements and appurtenances thereto attached .hall cy7 to, vest in and became the property of the Grantors, their heirs and ssSignS- 4. 'fie facility to be established shall he named by Gr..nte:e in a manner to recogni2e in an appropriate manner the W33 en family name. with- out limitina the naming options, it is N-eed that 'TDrSen "nit-nnrth i Carolina Tutheran Hmes, It,c.,' or a •3esiynation similar ttrrt•tn. cos acceptable to Grantors. 5. Grantors shall have time right fur a 1■_t icd Of ante (1) z" fix - the date hereof to inform Grantee of a preferred stt stural ,lu:.ign fir 'he main entrance to the property, which design shall inmr)rrott•, iu In appropriate manner, the name of the facility; provided, frxrc.•n. 1. ny such design submitted shall he PrePdrM at the rxi""'e •' e„tor.. e•••i' - July licensed architect ant :dull b7 �•n,^is.m�-•st ,:ith ns -t.etn e.i l.x•a3 meow - and najulatioand tvnsist,nt with a�)in:-.�e trig, .xe•).U. ,,rtd practical teyu irtyn^nt5 of the fr mince. t,. r;rantee ajr4,es prior to N_yinniry-:eru,.m i•n e.. ?n:+-•u tut -Itty .d.+t tli: my a-1.•'.nill .t:7 n..r .., .1,•. •. t ti !wr .a, owl to nr u': me -..t .:..t nr :. --,r h .+ •?ry - rt ..-m"• . '.ly. 11'the +t :e nF .w .:irthill f•n •. iu�i., os ,i ... - . "I -!L-lianically it.r'-lhlc :t t1w "fra• ,id 'r - ,•r .Vj'._ . ICI )ioa ai7n4r11ate i.wt•:idvratitm to in•a al).,; ;•.n .et .r••h ..' . �wuwtititm with tile: ..f t)m 1-iiir-,. RECORD OF POOR OuALITY DUE TO CONDfi1ON OF GRIGMAL 00CUMENT G.S. 161.14 30-0-It Da`'E bow rA4- 1433 0 J 7 7 "J3 4-6-(f W the said pat t ie of ttr-- fit .0 par I k-r;- 1-10 41, !. the pl, w F . second part: that they aid, r.Pt7r-d of the in je.- !liqqpl,., j-.wjj. right to convey the Sam.- In fee stirItle, that tit I.- J,% and clear of all encnititi-wailrdist, &W that V,e Vu I i.,!, J warrant and defend the title again7d: ti,.- jrf,jj I Whomsoever. IN WI'MFM W[LUMP. Uw Grantors have kjieie,jntej •:,t seals the day and year first above written. FHA ar 1 aryl NORM CAJM]Nh HIN HL47" Ouuwry it r a Notary Public ut We aford- said gounty am state, mertary —. wat Mt)a LOSSM Crumpler Per-jonally caulc before me this &W ad adawwl*dW the due execution of the ' wr-,o" INM my hard and mtazial Sea] this the day of Sepkeri,.,, _& ire y Notary' -y- Publ otar c tFlhie inn owntres! ClkLIFUMIA SRN DIECID C13UN1"i I. "A"Z/1- z 0 —4- -'X- . a Notar-Y 11.blic -;f the atom F a' said Ej —Stati, certifj Z- 1ATEj'Wae McFarland personally can� before me this darf and acknowledged the due execution of the foregoing instrument. MINESS my hand and Notarial Scdl this the ��-/-day or Septerdlet 1982. OFtIC-AL At Pc—F'-'.Y A..;err, .A __Maly Aj is North Carolirkik-New Hanwer Cou"'y jt'c rrlrtyi nn Cel t I f icat -; of lute-61t, 1 -.1 rb.14, retjistertri at. the tW-1 Jt.1 time and in the r.+" LlkLl RECORD OF POOR GUALITY DUE To CONDITION OF GRIGINAL OoCuKIENT G-S. 161.14 FX➢LANATION STATEMENT TO CORRECT OBVIOUS MINOR ERROR(S) MADE IN AN IORTRUMENT AH AORIGINALLY RECORDED 1433 0378 RE: BOOR 1432 PAGE 123 RECORDED IN THE NEW COUNTY REGISTRY NAMES OF AL PARTIEg TO HE OgTGINAI INSTRUM T: A�ba Mae M Fac1Tanaa (Sin 1e' Sapne Bla ton and husband James D. Blanton, Rafie L Osborn9 l4ldow), Tr6mas �. Lossen and wife, GRANTORS:Barbara S. Lossen, George A. Lossen, (Single) and C. D. Gurqanus. GRANTEES: Lutheran Retirement Center -Wilmington STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I/WE, The Undersigned, hereby certify that the following corrections are made in the above named recorded instrument in accordance with the provisions of G.S. 47-36.1 ratified June 30, 1986. DESCRIPTION OF CORRECTION(S): Exhibit A was not attached on original recording. THIS, THE loth DAY OF 0 tober 19 88 (SEAL) (SEAL) (SEAL) (SEAL) This explanation statement together with the attached instrument duly erecorded at o'clock j4 . M this the /Q day of 19 Xe in the Book and page shown on the first page hereof. BY Register of Deeds -Bepttt1/Ass stant Register of Deeds Ctr 1445 1;s 9 T CHI n,n m n 00 o . Inr^v Prepared by: William R. Shell, P.o. Pox 382, Wilminqtor 28402 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER RELEASE DEEDco 0 THIS RELEASE DEED made this .31At day of January , 1989, by and between Shriners Hospitals for Crippled Children, a Colorado corporation with its principal place of business in Tampa, Florida, hereinafter referred to as GRANTOR; and Lutheran Retirement Center-Wilminqton, Inc., a North Carolina corporation, hereinafter referreA to as GRANTEE. W I T N E S S E T H: WHEREAS, Abba Mae McFarland and Abba Lossen Crumpler heretofore executed to North Carolina Lutheran Homes, Inc. a certain deed on September 1, 1982 and recorded on September 20, 1982 in Deed Book 1209 at Paqe 458 in the New Hanover County Registry, a true copy of said deed being attached hereto as Exhibit A and incorporated herein by reference; and, WHEREAS, said deed was executed by the Grantors therein and accepted by North Carolina Lutheran Homes, Inc, upon certain express conditions as set forth therein, said conditions reading as follows: "I. The said land shall be used as a site on which shall be established as soon as may be practicable a facility, to include necessary and suitable structures, to conduct a ministry directed substantially toward older adults in accordance with the purposes for which the Grantee was incorporated, as set forth in the Articles of Incorporation filed with the Secretary of State, as amended. 2. The said land shall be used and maintained for said ourposes for a period of not less than fifty (50) years from the establishment of the facility, and, if thereafter sold or transferred, the proceeds therefrom shall be likewise used to further the purposes of the Grantee as set forth in the aforesaid Articles, as amended. 3. The Grantee shall have immediate possession of the land hereinabove described and shall have the right at any time to beqin the work on the facility and to open the same as soon as it may be practicable to do SO. Unless the Grantee shall have within five (5) years from and after the date of this deed completed some portion of the aforesaid facility and opened the RE1URNED � 14tij 1 4ou same for conduct of activities consistent with the purposes hereinabove described, then all right and title of the Grantee in and to the said land shall cease and determine and the said land with all improvements and appurtenances thereto attached shall go to, vest in and become the property of the Grantors, their heirs and assigns. 4. The facility to be established shall be named by Grantee in a manner to recognize in an appropriate manner the Lossen family name. without limitinq the naming options, it is agreed that 'Lossen Unit -North. Carolina Lutheran Homes, Inc.,' or a designation thereto, is acceptable to Grantors. 5. Grantors shall have the right for a period of one (1) year from the date hereof to inform Grantee of a preferred structural design for the main entrance to the property, which design shall incorporate, in an appropriate manner, the name of the facility; provided, however, that any such design submitted shall be prepared at the expense of Grantors by a duly licensed architact and shall be consistent with state and local law and regulations and consistent with engineering, architectural and practical requirements of the Grantee. 6. Grantee agrees prior to beginning construction to investigate the feasibility of utilizing a windmill for pumping water or generation of electric power and to provide Grantors with a copy of the feasibility study. If the use of a windmill for such purposes is, in the sole judgment of Grantee, economically feasible at the aforesaid time, Grantee agrees to give appropriate consideration to installation of such a device in connection with the construction of the facility.' WHEREAS, by Articles of Amendment filed in the Office of the Secretary of State of North Carolina the name of North Carolina Lutheran Homes, Inc, was changed to Lutheran Services for the Aginq, Inc.; and, WHEREAS, by North Carolina Release Deed recorded in Book 1317 at Pages 1259 and 1261, Abba Mae McFarland and Abba Lossen Crumpler released the reversionary interest as set forth in condition No. 3 in the above -referenced deed in the favor of Lutheran Services for the 4ginq, Inc., formerly North Carolina Lutheran Homes, Inc.; and WHEREAS, Abba Lossen Crumpler is now deceased and her will was probated in the Office of the Clerk of the Superior PIS!'► �, �- 144� 1401 Court of New Hanover County, North Carolina in File No. 87 E 768, said will not mentioning the property previously conveyed as aforesaid nor any rights or interest in the enforcement of the aforesaid restrictions; and, WHEREAS, Article IV of the will of Abba Lossen Crumpler provided as follows: •I will, devise and bequeath all of the rest and residue of the property which I may own at the time of my death in fee simple absolute to the Burn Institute of the Shriners Hospital for Crippled Children to be used for the care of burn victims."; and WHEREAS, Abba Mae McFarland, Signe L. Rlanton, Katie L. Osborne, George A. Lossen and Thomas G. Lossen are all of the descendants and heirs at law of Abba Lossen Crumpler; and WHEREAS, C. D. Gurganus is the appointed and acting Executor of the Estate of Abba Lossen Crumpler; and WHEREAS, the subject real property was conveyed by Lutheran Services for the Aginq, Inc., to Lutheran Retirement Center -Wilmington, Inc., by deed dated July 1, 1988, and recorded on July 5, 1988, in Deed Book 1421, Page 1780, in the New Hanover County Registry;and WHEREAS, in order to borrow funds for the development and construction of the retirement center on the property described in Deed 1209, Paqe 458, in the Office of the Register of Deeds of New Hanover County, it is necessary that all of the conditions as contained in the original deed from Abba Mae McFarland and Abba Lossen Crumpler be released; and WHEREAS, by Release Deed recorded in Book 1433, Page 368, in the Office of the Register of Deeds of New Hanover County, Abba Mae McFarland, Siqne L. Blanton and husband James D. ►Manton, Katie L. Osborne, Thomas G. Lossen and wife Rarbara S. Lossen, George A. Lossen and C. D. Gurganus released any interest they might have in the aforesaid conditions; and WHEREAS, the Grantor in consideration of Ten Dollars ($10) and other good and valuable considerations in hand paid by the Grantee, the receipt of which is hereby acknowledged, does wish to release the Grantee from all of the conditions remaining in the aforesaid deed, the same being conditions 1, 2, 4, 5, and 6, and to release any interest in itself, its successors and assigns in said conditions. NOW, THEREFORE, the Grantor does remise and release and forever quitclaim unto the Grantee any rights or interests of any kind which it may have whatsoever in any of the conditions as contained in the deed recorded in Deed gook 1209, at Page 458, in the Office of the Reqister of Deeds of New Hanover County. BU!!r • 144b 1402 IN WITNESS WHEREOF, the Grantor has hereunto set its hand and seal, the day and year first hereinabove written. SHRINERS HOSPITALS_ CRIPPLED CHI.LDPE;4 -:'-�i —04 '(CoipC%titg..5ea 1) ATTiTi — 1F•' fG• __ .:..r;flu • t:ORTpA COUNTY QF Hillsborough Press e t�. 'sY" Gene Bracewell I, Cathy More'on , a Notary Public of the State and County aforesaid, certify that John W. Dean III personally came before me this day and acknowledged that he is secretary of Shrine_rs Hospitals for Crippled Children a Colorado corporation with its principal office in Tampa, Florida, and that by authority duly given and as the act of the corporation, the foregoing instrument was siqned in its name by its president, sealed with its corporate seal, and attested by himself as its secretary. WITNESS my hand and official seal this 31st day�pof January 1989 My CO inVA0lgl AMS : My (a fmio DFIres Feb. 8,1992 ec.d•d Th v Lq Y� •� • 9�1�11 "1' 1445 140i NORTH CAROLINA NEW HANOVER COUNTY The foregoing certificate of Notary Public, is certified to be correct. This -C9 day of REBECCA P. TUCKER REGISTER OF DEEDS OF NEW HANOVER COUNTY BY: Deputy NC )tEvi c 5TAws 1209 C 58 1; A. 6 "t`4. tau 1t1t.a" CMM Mtµ' L•t L silo .' .4 .t v 8fercr4 r 't 'Fit V RICISt7811; :iros'r rf■ r_• n he Sid tU �t o7 �N'8t FIFJM THIS UEM, aid► this melee day of Sopt,inber, 1982. hY and hetwmi Um111%E" CAlW18t Iwido+!)I ae�Flew turNer County, Mmu tbtolina, and A01ifi IaAl; tt:FAREAO-(sLyle), of San Diego Gh-inty, California, hcr, in•wftcr called the Orarttorsl^ard -W= CAKLU& i ME W H04M, )NC., is 1601 Carolina corporation, hereinafter Called rrante•. -Ian K.L..mr.e v . ,,,1 1iiTHFSSt7H: 7 That the GrantGxs in consideration of Ten (510.00) Dollars and other good and valuable wnsiderations in hand paid b/ the Grantee, the receipt of which is 1vr,ty acknnwl-.dged, have bargained and sold, and by theme presents, do grant, bargain, sell, and convey unto the Crantee, its strcessors and assigns, the following property situated in Masonixim Tuwn;hip, New Manner County, North Carolina, and described as follows: T WT 1: BMCItN1NC at a point in the Fastprn line of the t'asonboro laop triad (State ibad 1592) at its int--r•- -tion with the agreed line between In semi and Farrar ar shown by rap recorded in Nap Bock He 4, ps3e 41, w County lUntwer tkgistry, and running thence from said beginning with said agr-Nd line south 70 deg. 17 sin. 16 sec. Fast 1633.45 feet to a point in the centerline of the Old Military toad; thence with said centerline South 20 dog. 10 min. 16 sec. Iist 356.76 feet to the Northeast corner of the Spites tract recorded in Deed Fool- 1160, page 1098; thence with the Northern line of Squires (Red Back 1160, page 1090 and Deed Bode 1156, page t164) and the Northern line of Nwton (Deed Rook 913, page 275), North 67 deg. 47 min. 29 see. tkst 1666.61 feet to a Eanint in the Fistern line of the 145omboto LOW �Id (state load 1492): thence with said Fastern lime earth 26 deg. 38 min, Fast 286.05 feet to the point of WERNf1C, containing 12.15 acres, as shown on plat of ^atrvey by H-nry Yon Oewn and Associates, inc. dated JarwMg 1982 and recorded in Map Fade 21 at page 20 in the New Hanover County Rgistry. There is reserved and excepted from Tract 1 for the Grantor, Abba Foe K-Farland, her heirs and assigns. a tom -exclusive right of ingress, egress and regress over, across and through that t'ettain 'trail' approximately twelve 1121 feet In width along and immediately South of the agreed nprn lip lwetwcen tn65en and Farrar. as shown by map recorded in Map rook 6, F+7e 41 in the tree Hanover Omoty Ryistry, said line running from its beginning point as shown on said neap with said agreed line Saute 70 deg. 17 sin. 36 sec. Past 1633AS feet to a point in the cenierlinne of the Old Military Foad as s)Kwn on plat of :a.rvey by IV-nry Von O�sen acid Associates, Inc. dated Jarraary, 1982 and recorded in Hap Ink 21 at page 20 in the New ttur,vc'r Cunty pwgktry. lwn 2: DWI NUC at a point in thr centerline of the old Military Iowa, %AA joint 1t ateai from the inletscction of the Fastern line of the feu+tt „ru I..a{, P-1 (S.1% 1492) .with the tnmd line b`trtcn lossen and Farrar WIown by Kip Ikwlt 4, page 41 by rl,e following courses- South 19 .an1. 17 min. 16 rw%c. Fast 1611.45, feet n-isured with said agreed lime .ur3 %,hIth 20 deg. 10 min. 36 sec. West 204.27 feet meawrrd with said Iio, of the Uld Militaty Rt.i, m.l I t—Irn Uwnce from ---A •nFa i�-; nrtrh 70 dM. OS min. 20 sec. Bast 1971.47 feet to a (hint in the ri.th7 of wary lint .4 else Atlanti.- hd,n.,lra owl Hhterw.,y: ttK•(h.- -i9' rid ri.Fht of way line :hw:th 22 deg. 4! -win. 2't • c. Wind 421.27 fort to line t •in line of 11K• F­:Sen tract vnd the 2lat the line of the State of t:v rh --a r..linA tr,,,-t z. 7ded in nrm! Dal: 1010. Inge 739; Lix-mv with :aid •l-'th 69 1-. 51 min. 44 tee W-A 1950.10 feet to the :+wehcast •t.•t t,f nor Fyuttes tram rec ded in 0r..1 rv)1 1160, page 1098; them e,n ' ,•f _iii st•;,. , ., ,.-t awl t'we oenterl ine of Lite Old I� M, Iat.ay ll+-A, u,ich 14 dcy. Sity:n. v9 -•c. tJst T62.50 feet to the :t:t avtn•� . .•r :•t the :quires tract; Itm-e with the centerline oe the {•;n ".,I it-Wi With 20 deg. 10 min. 16 sec. rest 152.49 feet U1 the - - •t , •+! arallN= nr Orling 10.44 xr-^w and Mitq the :cwdtarn It," irn of 1! If- IU69e1'tract .le%tiribed in Rid n A . tt, µage 1e8, Nw 111t.,:,,, ...,,t. a 1 Vell ISl''311eV C. NX-IUM, JR., A1'nn:Ca�Y AT INN, n}'t►%R L Weibilm, :T 17a1R :ih't-r. 1%o. itv 11r., SALH•7tr;RY. !&Vlli CARV.It1A Their P09 '0459 �~ 45 1405 tali -.try, and &wVmn on plat of svtve) by trnry Von (rsrn and A•f: tatec, Inc. dated January. 1902 and recordd in Kip rtooh 21 •►t prle 20 in U.e tkr M r, ..•r County Registry. T.e conveyance of Tracts 1 and 2, hereinabove descr)bedo is aadcaubject to the rights of others, if Any, in and to the use of the 'tract• hereinabo" ,lc-ttibed and.the use of the old Military road along the t; -tern lnturla: J of Trott 1 and tM Viestern bowxWy of 'll.v_t 2. lttis tonveyanwee is futtlaer sebicct to rights of way •urvl ,a ^. rr c)f :—,rd and the lien of 1992 ad valorm tames not pat Jun .rd payable. 10 F%ve AND 10 lD1D the aforesaid parcels of land, and all privileges am appurtenances thereunto belorninge to the said North Carolina Wtheran Inc., its successors arri assigns, forever, but ,ton the following conditions and trusts: .... CCNO1TIOiS: This deed is vmetcvted by the Grantors and accepted by the Gr,nc,•e upon the following express conditions: 1. The said lard shall be used as a site on which shall be o�tahlismd as soon as may be practicable a facility, to include necessary a l suitable structures, to conduct a ministry ditected a I tantially toward older adults in acconilm with the purposes for which the Grantee wAr locorinratr,d, as set forth in the articles of Tnoorporation filed with the Secretary of Rate, as amerded. 2_ he said lard shall be used aid maintained for ".id purposes for a period of not lest dun fifty (50) years from the establishment of the facility, and. if thereafter sold or transferred, the i•rw-'eft therefrom stall be likewise used to further the pubs at the Grantee as set fwth in the aforesaid Articles, as aff-mled. 1. ?.a Grantee shall have mediate possession of the land herein - above described and shall have the right at any time to begin the work at the facility and to aprn the same as soon as it may be practicable to do so. ttlecs the Grantee shall have within five (5) years frw aid after the date of this deed completed star pottim of the aforesaid facility and GMned the sane for cMAlet of activities consistent with the purposes hereinobove described, then all right and title of the Grantee in aid to tlt said laid shall cease and deterfdne and the said lard with all improvements end appurtenances thereto attached shall go tn. vest in end ,p Wovme the pw•mrty of the Granters, their heirs aid assigns. 4. The facility to to r:tablishcd shall be mead by Grantee in a m.emer to recognize in an appropriate a+wrer the lessen family nmR. With - cut limiting the naming options, it is ag�ced that ',nssm "n't-ilorth Carolina Wtltcran tames. Irc.,' OF a designation similar thereto, is w.rf+tahla to Grantors. S. �i Grantors shall have the right for a period of one (1) k.,ar from the late hereof to inform Grantee of a preferred structural design for the r,aln enlram to the property. which design stall incorporate, iu an iapprvprtata manor, the name of tic facility: provided, htnr�-r, clan :.ny such design submitted shall be prepared .at the erintt�,e ••{ ^anturs N a It.,Illy literri.f achitftt and �,.nht b+ v.aist ertt w,th -race vd '-•wc•at :au and nyulatiors and ctMist.•nt with rryiw-tinq, ut Chit..-tutal =d II I-r-w.t ical teynirewent_. of tie Crantee. t .j F. GY.wrtet• sl[ees prior to aryinnirq amtr,clinn to Envcrt tgate the ..'.•I,ry If utilizirmg A-iobill 11X farra.ing water nr g,e,•2ration of ..,,-•„� t.,�.a .v.t to fv°":i.A ¢'—ntors with a ropy of rile feasibility st.rly. If the use of a windmill for such purposes is, in the :ule jsk Vy. ML .owl ct.nt,,e,—,onomically leasible at the aforesaid title, Grantee agrees to •t:,r •,qpcopriate consideration to installation of c,dn a device to li—InwLtuftulth the ux%st[ucli,n •,f 'l:e facility. OF PQOR 0UMM ME10 )M OF OWWM DOOAVW G.S. 161-14 i 45 1406 And the said parties of the first part orienant with Uie pstrty ••n th• +erratl part that they are risel nr the preai-." in fee simple, tuve Ul right to convey the saw! in fee sialle, that title is .a fr and clear of all enaabrarcel, and that the parties of the first part will warrant ad deferd the title against the lawful elaie. of all per!'— w1,u16xR1. IN AIIM:'S MOtOOF, the Grantors have twfe:r0 n��'� their h.u? ­Iseals the a" and year fir•.+ above written. Arsa Lo-sen urunler - ��6s�11�'rc 1trFarl NOlaNi Cx"J%h UM IV DVF.R COUNT T a Notary Public of tlr afore- said Ownncy e, rt y ti_ �tossen Cru pler personally came before se this day and acknowledged the dutvt e eaelon of tar foregoing instrument. 11s'-, ; Mad .,pr7MM sy a d Notarial Seal this the � day of Sept~r, m MKM Of POOR QUALITY FATO COHMON Of ORI ;1" DOQMR W.Ifas1lA OA W-u SAN omm CM*" r I• /ir/��ii !/::'y .-!X__ r a Notary "I is of the More - said OA1.1t* , certify that NCFWI rd personally car before se this day, and ack[norrledgtd the dsa executim of the foregoing instna$7t. MgMS5 sy hand aid Notarial Seal this the �,Mdsy of Septenbet. 1992. VULY �`•�j C.. L.y. --- North Carulila-t*r HmNer Corny I ix bx",im Cextlficat::: of x....- a ,n.r• ,--.�.•- cxai�- Ke �r r1 to he co"Pet1his Instrummit and thR tart i nZato arse duly rogistaced at the date art tier :nl in the Book ail' n•-.p: CO first page hircof. //,� I. Rpuccca P. iu lrt _ �`J ra rx of Decki Ir,�/I , Il" (w:fr y iae.•r of rr•r{._ �- Date: AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: �UT€T�1,�►;� j%.��1 �►��rvc Mailing Address: Phone Number: Email Address: c/o F,4,v-s-- .5�l �'-,Try rlket'-5- I certify that I have authorized 14,4iu 6f,,-1E'uT- (sCe)c,r , Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: I —A/ N r r / at my property located at de0A in NL, AAoovig, County. I furthermore certify that 1 am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: USignature Print or Type ame L Title it I (a / 2i( Date This certification is valid through / / I_ LMG LAND MANAGEMENT GROUP a DAM# company 3/17/2020 William and Sarah Merriman 5624 Captains Lane Wilmington, N.C. 28409 Re: Adjacent Riparian Landowner Notification, CAMA application for Trinity Landing by Lutheran Retirement Center -Wilmington, Inc. To Whom it May Concern, As an adjacent riparian landowner, you are being notified of the application for a CAMA major modification to permit number 6-20 by Lutheran Retirement Center - Wilmington, Inc. for the Trinity Landing development located at 4915 Masonboro Loop Road in New Hanover County. We have enclosed materials detailing the proposed development for your review. As required, you will have 30 days in which to submit any written comments to the Division of Coastal Management 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845. Please contact me with any questions that you may have regarding the proposed project. Thank you. Sincerely, y Steve Morrison Environmental Consultant Enclosures 1 www.lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 LMG LAND MANAGENIENT GROUP a DAVEY# conlpvly 3/17/2020 State of North Carolina DOA, State Property Office 1301 Mail Service Center Raleigh, N.C. 27699-1301 Re: Adjacent Riparian Landowner Notification, CAMA application for Trinity Landing by Lutheran Retirement Center -Wilmington, Inc. To Whom it May Concern, As an adjacent riparian landowner, you are being notified of the application for a CAMA major modification to permit number 6-20 by Lutheran Retirement Center -Wilmington, Inc. for the Trinity Landing development located at 4915 Masonboro Loop Road in New Hanover County. We have enclosed materials detailing the proposed development for your review. As required, you will have 30 days in which to submit any written comments to the Division of: Coastal Management 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845. Please Contact me with any questions that you may have regarding the proposed project. Thank you. Sincerely, Steve Morrison Environmental Consultant Enclosures www.lmgroup.net - Phone: 910.452.0001 - Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 Postal CERTIFIED MAIL,. RECEIPT Ln (Domestic �7� , =I- ALEIGHt.NC 0 r` u1 ?�3. "i Postage 4 $0 ' C3 Certified Fee 9 Postmark 0 r3 Return Reodpt Fee (Endorsement Requlred) ,SIC(. 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You may arrange redelivery by using the Schedule a Redelivery feature on this page or may pick up the item at the Post Office indicated on the notice. Delivery Attempt: Action Needed Reminder to Schedule Redelivery of your item before April 2, 2020 Text & Email Updates Schedule Redelivery OV Your redelivery has been scheduled Your Confirmation Number: WER100391234 Please save this number for future reference. Carrier will attempt to redeliver on: 04/01 /2020. We will redeliver to: WILLIAM MERRIMON 5624 CAPTAINS LN WILMINGTON, NC 28409-3620 ADORTCH@LMGROUP.NET 910-452-0001 Redelivering items of mail type: Lg. Envelope, Magazine... U n m a v 0 https://tools. usps. com/go/TrackConfi rmAction?gtc_tLabels 1=70052570000057041973 1 /3 3/31 /2020 Tracking History USPS.com® - USPS Tracking® Results Reminder to Schedule Redelivery of your item before April 2, 2020 This is a reminder to arrange for redelivery of your item before April 2, 2020 or your item will be returned on April 3, 2020. 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March 19, 2020, 1:45 pm Notice Left (No Authorized Recipient Available) WILMINGTON, NC 28409 March 19, 2020 In Transit to Next Facility March 18, 2020, 6:04 pm Arrived at USPS Regional Facility FAYETTEVILLE NC DISTRIBUTION CENTER ANNEX March 17, 2020, 11:22 pm Arrived at USPS Regional Facility CHARLOTTE NC DISTRIBUTION CENTER March 17, 2020, 1:32 pm USPS in possession of item WILMINGTON, NC 28403 Product Information See Less /\ Can't find what you're looking for? m m co a CT v 0 Go to our FAQs section to find answers to your tracking questions. https://tools. usps. com/go/TrackConfi rmAction?gtc_tLabels 1=70052570000057041973 2/3 3/31 /2020 USPS.com® - USPS Tracking® Results FAQs cD CD a v https://tools.usps.com/go/TrackConfirmAction?qtc_tLabels1=70052570000057041973 3/3 3/31 /2020 USPS.com® - USPS Tracking® Results USPS Tracking' Track Another Package + Tracking Number: 70052570000057041157 Your item was delivered at 3:41 pm on March 20, 2020 in RALEIGH, NC 27611. 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Go to our FAQs section to find answers to your tracking questions. FAQs m m co a v 0 https://tools. usps. com/go/TrackConfi rmAction?gtc_tLabels 1=70052570000057041157 2/2 Appendix C- USACE JD Correspondence, DCM Coastal Wetland Determination, Recorded Plat and Survey Information Action Id. SAW-2014-00065 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT County: New Hanover U.S.G.S. Quad: Wrightsville Beach NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner: Lutheran Center for the Aging Agent: Land Management Group, Inc. Attn: Paul Farley Address: P.O. Box 947 3805 Wrightsville Ave. Suite 15 Salisbury, NC 28415 Wilmington, NC 28403 Phone No. (704) 637-2870 (910) 452-0001 Property description: Size (acres) 51 Nearest Town Wilmington Nearest Waterway Masonboro Sound River Basin Cape Fear River Basin USGS HUC 03030001 Coordinates N 34.1438 W-77.8676 Location description: The propertv is located on Masonboro Loop Road, direc�east_of Trailing Vine Lane, in Wilmington, New Hanover County. North Carolina. Parcel ID #'s are R076000-•003-001-000, R07700-001-009-000, R07700-001-009-001 R07700-00 1 -0 18-000,R07600-003-001-000 and R07600-003-001-001. Indicate Which of the Following Apply: A. Preliminary Determination Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also, you may provide new information for further consideration by the Corps to reevaluate the JD. B. Approved Determination X There are Navigable Waters of the United States within the above described properly suhiect to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. 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 vears from the date of this notification. X There are waters of the U.S. including wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change i� law or our published re ulations. this determination may be relied upon fora period not to exceed five years from the date of this notification. We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. X The waters of the U.S. including wetlands on vour nronerty have been delineated and the delineation has verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upanfor a period not to exceed rive years. The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on. 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. There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our Page 1 of 2 published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Christy Wicker at (910) 251-4637. C. Basis For Determination The site exhibits mean high water and wetlands criteria as defined in the 1987 Wetland Delineation Manual and its appropriate regional supplement, which is adjacent to Masonboro Sound. This determination is based on information provided by Hand Management Group, Inc, and a site visit conducted by Christy Wicker on 12/13/2013. D. Remarks E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 1OM15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and twat it has been received by the Division Office within 60• clays of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by June 16, 2014. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. Corps Regulatory Official: Date: 4/18/2014 Expiration Date: 4/18/2019 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the attached customer Satisfaction Survey or visit http://per2.nwp.usace.army.mil/survey.htm I to complete the survey online. 3/19/2020 The Davey Tree Expert Company Mail - Fwd: [Non-DoD Source] Trinity Landing JD DA�Y� Dortch, Andy <adortch@Imgroup.net> Fwd: [Non-DoD Source] Trinity Landing JD 1 message Finch, Greg <gfinch@lmgroup.net> Thu, Mar 19, 2020 at 8:09 AM To: Andy Dortch <adortch@lmgroup.net> Cc: Stephen Morrison <smorrison@lmgroup.net> Greg Finch I Environmental Scientist - CAMA Section Manager Land Management Group I Environmental Consultants 3805 Wrightsville Avenue, Suite 15 1 Wilmington, NC 28403 Direct: 910-452-0001 x 1928 1 Cell: 910-470-4734 ---------- Forwarded message --------- From: Sugg, Mickey T CIV USARMY CESAW (USA) <Mickey.T.Sugg@usace.army.mil> Date: Fri, Mar 6, 2020 at 3:21 PM Subject: RE: [Non-DoD Source] Trinity Landing JD To: Morrison, Stephen <smorrison@lmgroup.net> Cc: Finch, Gregory <gfinch@lmgroup.net>, Capito, Rachel A CIV USARMY CESAW (USA) <Rachel.A.Capito@usace.army. miI>, Currey, Gregory E CIV USARMY CELRP (USA) <Gregory.E.Currey@usace.army. mil> Steve, In your request below, you ask for a Corps' confirmation that the wetlands and waters boundary, depicted on the enclosed 5-12-14 survey and referenced in our signed April 18, 2014 Jurisdictional Determination, can continue to be relied upon even though it has exceeded the 5-year expiration date. By copy of this email, our office is reverifying that the delineation of all wetlands and waters areas shown on the survey are sufficiently accurate and reliable for planning and permitting purposes. Please be aware that this email does not include a jurisdictional determination, but is only a concurrence of the delineation and does not extend the expiration date. https://usace.contentdm.ocic.org/utils/getfile/collection/pl6021 coll9/id/l256 provides guidance for Jurisdictional Determinations (JD) and states "The Corps generally does not issue a JD of any type where no JD has been requested". At this time we are only verifying the delineation. This delineation may be relied upon for use in the permit evaluation process, including determining compensatory mitigation. This delineation verification is not an Approved Jurisdictional Determination (AJD) and is not an appealable action under the Regulatory Program Administrative Appeal Process (33 CFR Part 331). However, you may request an AJD, which is an appealable action. If you wish to receive a Preliminary Jurisdictional Determination (PJD), or an Approved Jurisdictional Determination (AJD) please respond accordingly, otherwise nothing further is required and we will not provide any additional documentation. -mickey Mickey Sugg, Chief https://mail.google.com/mail/u/0?ik=a4bf7a7829&view=pt&search=all&permthid=thread-f%3Al661594312983871123&simpl=msg-f%3Al6615943129... 1 /2 3/19/2020 The Davey Tree Expert Company Mail - Fwd: [Non-DoD Source] Trinity Landing JD Wilmington Regulatory Field Office U.S. Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 (910) 251-4811 (direct line) (910) 251-4025 (fax) "The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at: "http://corpsmapu.usace.army. mil/cm_apex/f?p=136:4:0 " From: Morrison, Stephen <smorrison@lmgroup.net> Sent: Tuesday, March 3, 2020 9:06 AM To: Sugg, Mickey T CIV USARMY CESAW (USA) <Mickey.T.Sugg@usace.army.mil> Cc: Finch, Gregory <gfinch@lmgroup.net> Subject: [Non-DoD Source] Trinity Landing JD Mickey, LMG delineated the 404 wetlands on the Trinity Landing tract on Masonboro Loop Road and obtained the approved JD and Corps -signed wetland survey as attached. The applicant also received the required stormwater and sediment/erosion control permitting from the state and county and began work on their retirement community development within the approved uplands on the western portion of the property. We discovered that the applicant had performed work in uplands within the DCM 575' AEC and immediately contacted and met with Tara MacPherson on site to discuss it. Based on her guidance, we applied for and received a CAMA express permit on 1/15/20 (attached, expires 12/31/23) to cover the scope of the work within this western portion of the tract. The permit referenced the Corps Action ID SAW-2019-02425 which stated that no Corps permit was required for that work. New Hanover County has now rejected approval of their building permit for the proposed further development in the eastern portion of the tract (for which a major modification of their CAMA permit is being applied for) because the JD expired on 4/18/19. We would like to continue to rely on the original approved wetland delineation based on the fact that we have an existing CAMA major permit featuring it. Can you verify that we can continue to do so? Please call me if needed. Thank you for your assistance. Steve Morrison I Environmental Consultant Direct: 452-0001 x 1903 1 Fax: 910.452.0060 1 Mobile: 910.471.0502 Email: smorrison@lmgroup.net I Website: Blockedwww.Imgroup.net Land Management Group I Environmental Consultants 3805 Wrightsville Avenue I Suite 15 1 Wilmington, N.C. 28403 -n Corps signed wetland survey.pdf 166K https://mai l.google.com/mai I/u/0?i k=a4bf7a7829&view=pt&search=al I&permthid=thread-f`/`3Al 661594312983871123&si m pl=msg-f%3Al 6615943129... 2/2 Aq". wits• low I 1 I L '-•'q of R7o ad A ]look P-60 4v► VIICCIIN" k ra!w ruMocn rnlanr. 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DIVISION OF COASTAL MANAGEMENT NOTIFICATION OF COASTAL WETLAND DETERMINATION Pursuant to NCGS 113-229(n)(3), and 15A NCAC 07H.0205(a) A B C 9, y Property Owner: -TV � Fee- Mailing Address: Site Address: Project Location: County w � US/NC/SR # �' vwa v River Basin ille E&&f Adj. Water Body m r Indicate Which of the Following Apply: Coastal Wetlands have been identified on the above described property. The project (as currently proposed) may impact these wetlands but no official delineation was performed. The Division of Coastal Management suggests that you request a formal delineation by this Division to evaluate potential impacts to Coastal Wetlands and project design alternatives. 01 r Coastal Wetlands have been identified on the above described property. At your request, an official Coastal Wetland delineation was performed by the Division of Coastal Management. The Division of Coastal Management suggests that you have the delineation surveyed. The Division will verify the surveyed line, which will then remain valid for a period not to exceed 12 months from the delineation. Coastal Wetlands species identified on -site: _Z5 2 artina alterniflora 2clistichlis spp. adium jamaicense Spartina cynosuroides Juncus roemerianus V Limonium spp. Typha spp. Check any fi Id indicators that apply to establish regular or occasional flooding: tidal water observed on -site (do not check if daring or following Troppii I Storm/Hurricane) bslholes wrack lines staining V tidal water connection Zperiwinkle V elevation changes other (please describe) 1 DCM Official s Title F*4'7 Date p4 VSalicornia spp. Scirpus spp. Spartina patens In the event°yo� wish to p ea l this jurisdictional call, you may request a second opinion by contacting my supervisor, ��I t.t i � ' fen (DCM District Manager) at Visit our website at www.nccoastalmanagement.com Book 63 Page 358 145.33a.5> / o / / E� / 2.343,400.23 � r / EIP 2 J9' �Nf OPT 9Bw.5a' P1 ✓ AEC LIVE r GGE SHEET CC3] G43 / WOE NETANOs / Liz dt3i - - CD4•. / GGOS / 1 2 - - - / / 37 'COASTAL WETLANDS W 1. AND NIGH GH \ \ \ ? IA L➢aY 2NIT N. EMXAARO 1 PARI0. ROJ705 0-ODD J• / / CD, coz S2 S71' 02' 07"E y BB B 1yN 83.74' 50 69 B /411 CE5> NS �B NIP 5 .BCE.1 \ N6 N]. 3 / / _ _ \ \_ Go wA r \e]. B 4 EnfcyE4s E�z- /rI _ 1 cN DlsTwrB6o ' 1 / / CC2S4 \ \1 \ �J�.7B7 I M1]5 BJ JB E4 2� f / 404 ,/ _ _ _ 9� P I I WET LANDS / . / - Oak • \ \ C CD 36 3/ B / ` \ �CE4,� %63� CEa 3 Nf N13 �'TO NI4 i - - as z 30 \ / / / / CB2' 13 B19 LE),- ]5\ M'CWNtt /� CE33 -7 10 /. bB23 10 Gi'� B B I$ B \ ` COO UNE G P 3 z35/ d 'I CCI9• , Ct CI cGIB ..1 832 \ 35' F3 A' • / - / ^/ \ •COUNTY COD Pz34 4 / - CC18 Ce(c/ly UPLANDS CI cf 831 I VEOETq� - 2 3 • / _ - N15 % sl C 2 . col B3D 1 UPLANDS 1^ P' 9 •J - CIS CA3 GJB \ /CBI OB13 C914, ne \ ' %oJ P,� 4 P C4 c \ro CA> %d9 I f02 2 100 P12 3 2g CS C 210 BCB4 B3 -Bf0 11 1 BZS \ \ I 226/ N o z \( / P110 f - II• %OJ PLO tt CAS C2 C)] L�A.Pa At) 66 B] LB�� 14 14 2822 i /• N10 C CA2 2 Bay A 5 . .1 9 CJ 89 C4 CA24. C ICAt 2 16 Bt f 2 0ZJ / i 27 / / GO,�_ - / P221 CE27 Z26 / / J CCS. .� v SS- I CA2 N4J W+ B15 \ �]/ P2P ; 2� • P22 225 CF26/' N2D / PROPEPT' t1NE AT N5]N5 _ _ E25 2 2i / N�ORMAL/MEAN HIGH WAIEN LINE CE2 ] 0. CET2 24 / DESbNATEO BY wa 121 C/G( IN 3 \ NH i f13• .�'..NC�Eg N 2 / �/v >3•Ly,,Cnyq. CCI - NSO AB UPLANDS / \/ CE1 It- E, N23ETO N221 52 C-CA \ PR (E 2B 26 rA•e Bfr I 21G GE 4� V A B g C �u 'Fb nst 205 PROPERTY LINE AS 8 / P S /\ ^' C N32 9�� P y /p / . CA. -G _. 2D0 ZO • �0G1 3 N29 rv2S 2� / AT PAGE1. 201AT BOdf 2, ! 8' �m 30' IFER 42 1... CA 3 V / G' BUFFER '02493' 1 LE _ 3.. 113 6 34 N3 LN23B / \ g ; N�2 0 100 2Q0 I I -I -L 1, / INSET LGCAUEATGN POINT 'TN 1- 6/ 14616.3(CRIO/eiWNO) / Emm234115.375>5 (GRID TEN) V= - q�^� flACO -E •x- ' WOOD fD ii,, - ` MARK D. BLACKB% OR/L•E S^ § ¢'$ CAPTAI - - a; .-A c. BLACNBURN � \ NS LANf`� - LoswaI d.¢BELnlmwc RANGY L ANDERBaN !P & MELONIA P. ANDEPSON II �r'II / pp g S RIV PARID: RO7 -Go- S1R1<'C N17' 44' IVE / Y ' / ` `, 7� ATE \ - aO2-Wo LOT t, SEGTow z, 177.65' / Aga / S y , L� ///- $ / - R�� RABID: OR0 L owN°Do9-oo0 C�E4^ Tor Y'Q-CJCS'CT `^�1uh ON '- Ioggi�rvd/ is S2' pI l a. / ,y}q�� - /F 3rd d o y UCc O COI/J9 C L oi0l� ` -g kA EATIER P. BATT6 /gry 1 I 3'.35 Y, oLv,& Sul / ( a ue�g t� z s l �= dr �/ `- L0SONBOEO LANDING Q y Y�W+r'd.0-O' N - ./ o S^ g( p• z,Ms$a81 i, , o 1 PARID: RO]705-Wt-005-000 rna G3oa� la3 qqes 358 - 359p�� �a� �TQ{��,- Q �J ' /oo ro �Persa.aT• `5. /6"E/ &"Y 11'$'/iYfi JS l 3gS'>r Z.,n9�YL].v+'evci-'!3' ci01'T03o'1a oas• E EP, oa3ae1• -- I.63326'� a , k$ y N E3 tI S / n`0N 6'" sM•z Bf rE ErP ° der !off / TQvwvK.(\t'X2USC.ln e4S1-4.3( ,It* VINE LANE =N Nf I, INGRE55/fIXiE5S �46+• fPp o N ^ ) AAI SQP - - EASENENT ER UA'E q,>.T4.83' Epp- D OB 1209. PG A50 (g,0. ry /� --` 3'•/ / -`-1 1 RD>600-00-Qoi-000 411 BL>B'✓// 41T rr`H>8' _ � - ym DB 1421 PG 17BO2WF ENE 2,113,TRACT t �q ®p2y6.e.��28• CM 1 I STONE MEN "H.L' M1� / \ \ \ 775 SQ FT `m'E : 1380.'s. EPo 0 z 4&53 ACRES21Nf a4r z3BT• N71' 47' 25"W 6 PARID: RO7600-003-Dot-0ol \ \ To BEPAGAANDONED l EPP 55.47/ P.O.B. w eoez PG GM \ \ UPON RECGNOATION DF 0.13' >QOS• / \ RIG 0 OP =���� 'ePP Go ON PARID: NO]JOD-001-015-OM MWENIM COUNTY MAP UNTY, NO O o Z H THIS SURVEY WAS PERFORMED TO MEET FEDERAL GEOGRAPHIC DATA COMMITTEE STANDARDS AS APPLICABLE; THAT THE ORIGINAL DATA WAS OBTAINED ON MARCH 20, 2014 ; THAT THE GPS FIELD LOCATION WAS COMPLETED ON APRIL 9, 2014; THE PRIMARY STATE PLANE COORDINATES SHOWN HEREON ARE NORTH CAROLINA STATE PLANE COORDINATES BASED ON THE NAD 83 (NSRS 2011) NAVD 1988 (GEOID 12A) ADJUSTMENT AS OBSERVED BY THIS OFFICE USING TRIMBLE GNSS MODEL 3 R-8 SURVEY GRADE DUAL FREQUENCY RECEIVERS AND POSITIONED BY THE NORTH CAROLINA GEODETIC SURVEY VRS NETWORK; ALL COORDINATES, UNLESS OTHERWISE NOTED, ARE LOCALIZED GROUND COORDINATES DERIVED FROM GPS METHODS BY THIS OFFICE; THIS SURVEY WAS COMPILED TO MEET THE ASPRS STANDARDS FOR CLASS 1 MAP ACCURACY AT 1 : 350 ( V = 30' ). GEODETIC CONTROL TIE NGS"WATERWAY"(PUBLISHED) STATE PLANE NORTHING=112,223.43 (ft) (NAD 1983/NSRS 2011) STATE PLANE EASTNNG= 2,333 343.89 (ft) (NAD 1983/NSRS 2011) ELEVATION= 49.59 (ft) (NAVE) 1988) VERTICAL ORDER SECOND CLASS 0 OBSERVED STATE PLANE COORDI NATES NORTHING=112,223.39 (ft) (NAD 198312011) EASTNG=2,333,343,91 (ft) (NAD 1983/2011) ELEVATION=49.56' OBSERVED HORIZON POSITI ONAL OVAL TOLERANCE: N25"01'01"W 0.05 (ft) (GRID) OBSERVED GRID TIE FROM -TN 1" (LOCALIZATION POINT) TO "WATERWAY": S12-57-41"W $4,831.3T GRID REFERENCES: 1. SURVEY OF LOSSEN TRACT DATED JANUARY, 1982 AND RECORDED IN PLAT BOOK VOLUME 21 AT PAGE 20. 2. WETLAND DELINEATION SURVEY FOR LUTHERAN RETIREMENT CENTER BY ESP ASSOCIATES DATED 4-8-2014, / ( I r � I I / / I S `g o� �4>• TOO ZONE (0.2R ANNUAL CHANCE RODE) HAZARD) />, di 9 1 PARIR RO770.51-c0O-006-ODD g AM flIM W. MERAN. ID / A sECI OR 2, MA40IDNBORO URGINGTREA PA.: R07705-0o1-0O]-000 .ro NA FARWEM MASONBORo L�IANO. PARID: RW]OS-Ge-006-OBaLOT M ` I / DAARn. J. TIONXE.G SENGORO LANDING / - / (r ( BARD: R07701O1-009-ODD 1 / / o / NI s \ \ \ / \ \ DB 6092 PG 685 E}P 2 C �� S74 2 BOUNDARY DATA lefrWE'fN Qop'W ] ` / / . lBf f2 fC0j,0Y 1 ;85. Point Description Northing Eating 14 F 1• /PARD.OB07700 001-GOB-�0 /se _] AG969, ECM 1 145,559.5D 2,342,875.50 / 6% / IP PG B G /`•/ RP 3 1..69].,O 2343,606.72 / / 5 ^ / \ /, T . . - • . . / /BOARD OF TRUSTEES OF TIE / � � PA D: BO]]00-ODI-OIB-0W / I / \ ' . ' p / EIP 4 14A88375 2,3425pS.04 0 tall PG I- - - P UNCN ENDOWMENT FUND - O / EIP 5 145,,1301 Z3420-5 DUO BOOK Wil. PAGE 1202 g a ot7-DDo / a1, / ,, . . . \CDASTAL; 6YE'ILA(JDS --$ / I. RO] 00-803- (l E P e ,45,491.43 2390,691.95 / as- 404 TLAND$ . NIP 1 149.OSa8B 2,344.4MS4 \ \ / ^ / I -\ \. NIP 2 1M.536.90 2,34],980.12 J 4 5�� �� /r ':. - \ / NP 3 ,4sa3ae0 z,39aen.ae _ J /y SroNE MON 'H.L' 145,508.oJ 234o.e3631 (BE 73 5]'So / g / 14a,6J.34 2,3a/,tse.3e no00 ZONE -x-fN Nip 2 I'S�2 �+ ,I - UPLANDS 4N0 . . . . . . . - - / / ? g / - Parcel Line Table Parcel Lin. Table Parcel Line Table Poreel Line Table d/d . UPLANDSL-2+ / Line DISTANCE BEARING Lina ✓k DISTANCE BEARING Llne (j DISTANCE BEARING Line DISTANCE BEARING N� sraTE oP xaPTH GANG- L-1 15.Gy 524'2 -WE - 1 3a27• 5,920.36°W -21 HAIW NE311'09"W L-31 20.99' s8)2B R8"W qma BODK f010, PACE 740 (0.2R ANNUAL CHAn� FLOCO H1W2AR•,) L P RID: RO]000.Doi-00.T-000 19.3tl �t/&El/� 3PgGO L-2 5)2'462'E '1- 2 3E.1>' SY'25'31'W L-22 39.19' S)SbT'10'W L-32 I-'S]21tl21YW ,,�: 8 L-3 4G.21' 535.3W-G L-13 54.18' 829.4TSY'W L-25 37.78 Sea48'55 W L-33 19.12' W22Y18"W I / 4 [�u,4r' NIP �- -4 31.321 43227271E -14 39.87' Se452.06-W 1. 30.82' OT1140•W 1-34 47.82' SBBT4'M"W L-S lOw S-EVE L-15 =82' S1]37'46'W L-2S 3Bly 536'35'30-W L-35 3.93' S23Y6'20'W /GOr 1.Z0.]r Sf6'IC23'E L-IB 27.99' GO--47•W 1. -2- L-7 MAW -'I- L-17 59.W SW'35'41•W L-27 21.89' MOTO12•W L-B IV S2e17ss•w L-,a 4s.ez• sso5v.,°w L-29 -r s432s•se^w 0 200 4 0 L-9 g9,gp 535TI6'S2"W L-I9 15.1J N,SY,'24R L-28 42 NBttl6'41"W J "a B0.,5' SIB'39',1"W L-20 83RY '34'E - ,8.T2' 50929'30'W Feet A( Cte Q)06k Q03 ages 358-359 U s �e Rd Sh0eIDW�� - 9Vlnd Lli harkw Center For � Marina science � ' hgrRy • Masonboro Sound Area gip- o•^ Outstanding 004 Resource Ng`h° k VICINITY MAP NOT TO SCALE NEW HANOVER COUNTY, NO SURVEY OF: PARID: R07600-003-001-000 OWNER: LUTHERAN RETIREMENT CENTER- WILIMINGTON, INC. PARID: R076OD-003-001-001 OWNER: LUTHERAN RETIREMENT CENTER- WILIMINGTON, INC. PARID: R07700-001-009-000 OWNER: LUTHERAN RETIREMENT CENTER- WILIMINGTON, INC. PARID: R07700-001-009-001 OWNER: LUTHERAN RETIREMENT CENTER- WILIMINGTON, INC. PARID: R07700-001-018-000 OWNER: LUTHERAN RETIREMENT CENTER- WILIMINGTON, INC. PARID: R07700-001-018-001 OWNER: LUTHERAN RETIREMENT CENTER- WILIMINGTON, INC. NOTES 1. All areas computed by coordinate computation method. 2. All distances are horizontal ground distances unless otherwise noted. 3. The depicted survey information was obtained through an actual field survey made by this office and platted March 2017. The purpose u p rp of this s survey is to map the delineated wetlands and tie down the subject parcel boundary and Welland areas. Wetland Flags were located to sub -meter accuracy at 95% confidence level. 4. Project combined grid factor used is 1.0000616097 5. Horizontal datum used for this project is NAD 83/NSRS 2011 (US Survey feet) NSRS (National Spatial Reference System) . 8. Contractor is t0 verify all subsurface utilities prior to construction or land disturbance, a Level A subsurface utility investigation was not performed as a part of this project. 9. All "NIP... new iron pin" are 5/8" Reber. 10. This survey was performed without the benefit of a title report. The parcel is subject to any Right -of -Ways, encumbrances or easements a full title report may reveal as utility appurtenances indicate additional encumbrances potentially exist. 11. The subject parcels lie within Zones "X", "API 8 WE" and are situated within a FEMA designated Flood Hazard Area per EFFECTIVE FEMA FIRM Map No.3720314400J with an effective date of April 3, 2006. 12. Coastal Wetlands and Normal High Water Line Delineation performed by Land Management Group Well Scientist November 2016. See map by ESP Associates, PA, dated 4-8-2014 for original 404 Wetland delineation. 13. No known cemeteries exist on the subject property. 14. The normal high water line as flagged coincides with the mean high water elevation of 1.43' (NAVD 88) based on tide gauge "Wrightsville Beach" within 0.2' +/- in elevation. AREAS: UPLANDS = 1,687,943 sq. ft. 38.75 Ac. 404 WETLANDS - 187.963 sq. ft. 4.32 Ac. 404 8 CAMA (COASTAL) WETLANDS = 237.869 sG ft. 5 48 Aa TOTAL = 2,113,775 sq, ft. 48.63 Ac. LEGEND MAP NOT SUBJECTTO NEW HANOVER DS......DEED BOOK COUNTY SUBDIVISION ORDINANCE MS......MAP BOOK IS PAGE REFERENCE IO'O"J' GP-w.4./St3 NT.-NOW OR FORMERLY DATE PLANNING aJSPECTONS RECTOR PKS.....PKNAILSEF TYP.......TYPICAL El :CM EXISTING CONCRETE MONUMENT This drawing and/or design shown hereon are the O IP-..MOSTNG IRON PIPE property of ESP Associates, P.A. The reproduction, O EIR.....EXISTING IRON REBAR alteration, copying or other use of this drawing without O NM.....NEW IRON PIN SE T- EIS°REBAR their written consent is prohibited and any infringement -------LINE NOT SURVEYED will be subject to legal action. PARCEL BOUNDARY LINE ESP Associates, P.A. ------- REFERENCE UNE STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, S Ar,\ bU (LGE 5 REVIEW OFFICER OF NEW HANOVER COUNTY, CERTIFY THAT THE MAP OR PLAT TO WHICH THIS CERTIFICATION IS AFFIXED MEETS ALL STATUTORY REQUIREMENTS FOR RECORDING. �,� n lo-o5.0 REVIEW OFFICER DATE l / CERTIFICATE OF OWNERSHIP DEDICATION AND JURISDICTION NIP I (WE) HEREBY CERTIFY THAT I AM (WE ARE) THE OWNERS) OF THE PROPERTY SHOWN AND DESCRIBED i p p Dls HEREON AND THAT I (WE) HEREBY ADOPT THIS PLAN OF SUBDIVISION WITH MY (OUR) OWN FREE CONSENT -( -a AND DEDICATE ALL STREETS, ALLEYS, WALKS, PARKS, CONSERVATION SPACE AND OTHER AREAS TO PUBLIC -4 ` OR PRIVATE USE AS NOTED. ALL ROADS AND DRAINAGE EASEMENTS ARE DEDICATED FOR PUBLIC UTILITY PURPOSES. FURTHER, 1(WE) CERTIFY THE LAND AS SHOWN HEREON IS LOCATED WITHIN THE SUBDIVISION UPLANDS\ \ - "/ JURISDICTION OF NEW HANOVER COUNTY. \ v Ofia/xr 3, 2017 1, DATE IG TURE OF OWNER(S) - l / C-5 Z Z OO � CD O Z 0-1 o En a a 2 w � D' Cn � Z > Elf CL O 3 O LLJz Z � O &�z z z CO DO 0 O :LU EO O L) C < C F- O LU Z Z¢ = LU J L-zt NEW HANOVER COUNTY / / NORTH CAROLINA i/ c 1, DONALD E. THOMAS, CERTIFY THAT THIS RECOMBINATION SURVEY WAS FIELD LOCATED AND DRAWN�091�29120171� UNDER MY DIRECT SUPERVISION; THE SUBJECT PARCEL IS REFERENCED IN THE NEW HANOVER / ^ r SEE INSET / / / COUNTY REGISTER OF DEEDS IN DEED BOOK 1421, PAGE 1780; DEED BOOK 1414, PAGE 530; DEED BOUONDA�RIES,, SURVEYED ARE SHOWN AS BROKEN LNESFROM K 6092. PAGE 685; DEED BOOK 1617, PAGE 1356 AND MAP BOOK 2EFEENCEDHECORD AT THE INFOR��,M,]],..ATN�I' R'LIyM2/f'g�-IE RATIO OF PRECISION EXCEEDS 1:20,000; THAT THIS PLAT WAS PREPARED INREVIStONS ACCO,�,SL>-taw T+'{ ,$47.30 AS AMENDED. WITNESS MY ORIGINAL SIGNATURE, REGISTRATION NUMI O DRAWN BY D•E.T. CHE7 BY B.F.F. / R SEA FI18iM DAY OF SEPTEMBER, A.D., 2017. -DESCRIPTION- RECOMBINATION SURVEY SHEET 1 OF 2 g N.C. P 1 VEYOR L-4708 / ,Ah41 rvye +0-45•!PI Book 63 Page 359 `Crap (soak ego- l� age 359 Book 63 Page 360 TAMMY THEUSCH New Hanover County BEASLEY Register of Deeds Register of Deeds 320 CHESTNUT ST SUITE 102 • WILMINGTON, NORTH CAROLINA 28401 Telephone 910-798-4530 • Fax 910-798-7716 - :. , �=It'll S14i s ************************************************************************************************************ State of North Carolina, County of NEW HANOVER Filed For Registration: 10/03/2017 03:35:18 PM Book: PLAT 63 Page: 358--360 3 PGS $42.00 Real Property $42.00 Recorder: ANGELA ENGLISH Document No: 2017032234 ************************************************************************************************************ DO NOT REMOVE! This certification sheet is a vital part of your recorded document. Please retain with original document and submit when re-recording. BK: PLAT 63 II�IIlIIIIIlII�II�II�IIIII�IIIIIIl�II�II PG: 358-360 RECORDED: 2017032234 NC FEE $42.00 10-03-2017 NEW HANOVER COUNTY, NC 03:35:18 PM TAMMY THEUSCH BEASLEY BY: ANGELA ENGLISH REGISTER OF DEEDS I DEPUTY INSET 1 1 wow .a E4w, — I 1 [: run,anrsn r,pW r44 Y B(M1NdDARY DATA PoHnS O4mpl61n H r1 at,r1un•e.u:iw� wwMm aor nu- err ,a. .m sNna�aa, r uA,a1x xxu-'.>e n 200 490 Feet THIS SURVEY WAS PERFORMED TO MEET FEDERAL GEOGRAPHIC DATA COMMITTEE STANDARDS AS APPLICABLE; THAT THE ORIGINAL DATA WAS OBTAINED ON MARCH 20, 2014 ; THAT THE GPS FIELD LOCATION WAS COMPLETED ON APRIL R 2014; THE PRIMARY STATE PLANE COORDINATES SHOWN HEREON ARE NORTH CAROLINA STATE PLANE COORDINATES BASED ON THE NAO Sa INSRS 2C1V) NALD I [GEOID 12A] ADJUSTMENT AS OBSERVED BY THIS OFFICE USING TRIMBLE GNSS MODEL 3 R-0 SURVEY GRADE DUAL FREQUENCY RECEIVERS AND POSITIONED BY THE NORTH CAROLINA GEODETIC SURVEY VR8 NETWORK ALL COORDINATES. UNLESS OTHERWISE NOTED, ARE LOCALIZED GROUND COORDINATES DERIVED FROM GPS METHODS BY THIS OFFICE: THIS SURVEY WAS COMPILED TO MEET THE ASPRS STANDARDS FOR CLASS 1 MAP ACCURACY AT 1 : 350 ( V = 30' ). GEODETIC CONTROL TIE NGS'WATERWAY"(FUBUSHED) STATE PLANE NORTHDV-- 112,223.43 M (MAD 19B9r1SRS20111 STATE PLANE FASTING- 2,333,343.e01R) INAD I O&NNSRS 20111 ELEVATION,- 40-59 00 (NAVD I N8) VERTICAL ORDER SECOND CLASS OBSERVED STATE PLANE COORDWATES NORTHING-- 112.223.30 {Sj INAD 1993rz0111 EASTINCP 2.333.343.91 Sbl (RAD 19e.=11) ELEVATl0NW9.W OBSERVED HORIZONTAL POSITIONAL TOLERANCE: N2SV1'01 W0-051R1 (GRIN OBSERVED GRID TIE FROM "Rd 1"[1-OCAL2ATION POINT] TO -WATERWAY-: Sin7'41'W 34,83137GRIO NOTE: ALL ELEVATIONS ADJUSTED +2-55 TO MEAN LOW WATER DATUM WLW] FROM NAVUBB DATUM BASED ON ELEVATIONS AT WRIGHTSVILLE BEACH TIDAL GAUGE. NAV068 = 21.54 MEAN LOW WATER (MLW) = 18.98 ADJUSTMENT - *2.56 l J r I t J � f I r J f •� H sib t r a I � � f �I yY J i 9 VICINITY MAP NOT TO a I-E NEW HANOVER COUNTY, INC SURVEY OF: PARID: RD7603-w34)01-w9 ONRJER: LUTHERAN RETIREMENT CENTER PARID: R07600A034DO1401 OWNER: NC LUTHERAN HOMES, INC. PARID: R07700-0014)D94)00 OWNEN: LUTHERAN RETIREMENT CENTER PARID R077D0.001-009�-001 OWNER: LUTHERAN RETIREMENT CENTER PARID. R07700-001-015-000 OVAIER. LUTHERAN RETIREMENT CENTER PARID' R07700-001-018-W7 OWNER: LUTHERAN SERVICES FOR THE ASING. sac. NOTES 1. All amas computed by cowdoote c 0,,Ob 5 mitiod. 2. All a&a�s are honzw[sl groVnd aistences un*m o1herwiw llplad 3. The depicW survey inform;awn w•as owa,ned lhrougn w actual I&M survey made by 9ln dke and plattod Mardi 2057 Tins purpo of m,s survey ,s to map the delineated "uanda wd Lie doom the mood pwI boudwy and wehand areas. Wetland flags ware I AN4 to sub-rnaw a racy al 95%oorMdanca sevei 4 Pmjed c MNl d gd IRCW used a 1.00DOS1e097 5 Hof tar datum used (w Iran pm" Is HAD KVNSR9 2011 1US Sur%" Faeq NSRS (Nab" SpaDal RVMe System) a. Coruacw Is to very ail stibsurhim uuhues pnu m cmawclwa lane ddluresnce, a I-" A subs of" ulll,ty Irwes9gatlon was wl pwiomwd as a pan of rh a project 9. All -NIP -.new Imn pOr"W raWr 1 o. This survey was pe "red w thous ma bwwhi of a me report TM parch n subject to sly RIpMof-Ways, e nnbrarlpesw aas is a w19 We mWrl may reveal as„ bury alw,vtewancaa IndIcala addalodml encvmbrarlces Pownm* 11 The stlboa pamefa HM with Zw "X", "RE" 614f, wd a a,luatee wb)ln a FEMA 0"naled Flood hazard Area per EFFECTIVE FEMA FIRM Map N"7203144DOi with an cfredwe date dApM 3, 2000. LThe eubjea pa is be vftln Zahes'X". "AE" II'VE" and are WAgeo w 1hin a FEMA eealWaW Food Hazard Area par PRELIMINARY FEMA FIRM Map No.372031"WK vnlh a PRELIMINARY date urO329Yd014.1 12 Cowal LYeTwwo and Normal High Weter Ur,a Oelirdo an perbmmd by Land Mwmgwww Group Milan S�"fflt Novereer 2016. See map by ESP Assow*s. PA. dared 4-&2014 fa Monal404 Wesw d deJmesram 13 No Mr1ow•n caa secs 0xv ae the sublIm pvpany 14 The rlprrnel high water hne w Sagged cp nvas wen the mean "n water ek-+ Ian of 1 43• WAVO 661 beaed on We gauge'W NoAlle Read,' wllmn0 7 • - m sMvabon. AREAS; UPLANDS = 1.897.043 sq. R. 38,75 Ac 404 1fyETLANOS = 167.g6O sq. S 4 32 AC. 404}CAMAlrO AL]ELANDS= 231$89 19.R 54e AC. TOTAL - 2,113,775 aq, f!. 48,63,AC LEGEND pa OEE990C+< - Afa Mw Dfan,[ F[i MGt REFEnEHpE Ns R lsy PgaMls+Lr cos . PR Ma F IW 1Yw^ p IXN E1LsrlYi WaCVETE MPMI►E7R D w - Ealsrers WM Pcc o Da Tab -fete avI>MIl A ter tfr gorr wrter-sr raw l4F Npr adArLim WANT ffasbiw INr_ rr<sFxwziw: REFERENCES.- 1 SURVEY OF LOSSEN TRACT DATED JANUARY. I AND RECORDED IN PLAT BOOK VOLUME 21 AT PAGE W. 2 WETLAND DELINEATION SURVEY FOR LUTHERAN RETIREMENT CENTER BY ESP ASSOCIATES DATED 4$2014. This drsraa,g aodlar *.gn sh— hereon are the property of ESP Amodates, P.A. The mpFoducuon. WWRlrkrk wpyNig w cAwr use d mc% draevm wit A maw milae OWSam is proh6ted 8nd"1nMngwMill wiN be anbylxt N Iagd a7ion ESP Aaaptlgn, PA NEW HANOVER CCKRTTY NORTH CAROLINA I- DONALD E THOMAS. CERTIFY THAT THIS BOUNDARY AND TOPOGRAPHIC SURVEY WAS FIELD LOCATED AND DRAWN UNDER MY DIRECT SUPERVISION. THE SUBJECT PARCEL IS REFERENCED 04 THE NEW HANOVER COUNTY REGISTER OF DEEDS IN DEED BOOK 1421. PAGE 1790, DEED BOOK 1279. PAGE 1352, DEED BOOK 1414, PAGE 530, DEED BOOK 54SO. PAGE 1505. DEED BOOK 1617. PAGE 1356 AND MAP BOOK 2&PAE BOUNDARIES NOT SURYEYEA ARE SFiOYWN AS BRpI¢T! UNES OM REFERENCTION; TRATTHE RATIO OF PRECISION EXCEEDS 1=20,00R THAT STANDARDS AND IS NOT FOR RECORDATION, CONVEYANCE EAL a r DATE SCAM 11-12.2019 I I,-= MBN [Y OM IkP LY D.E.T- BF-F- IEMSM I eallxwxraTOPOOPnvlac suRUEr N.C. F 1 OF L Appendix D-Pavilion Profile B,NNDIbrym � II II II II III II II II II\ OECORGABE D PAIMEO WOODGABIEO ENO MEMBER 5 A62 BOARD(b BATTEN BIDING @rym� GABLE END DETAIL A5.1 1/2" = 1' 0" MENU CPDO VERBION PLOT SCALE PLOT DA E 11/19/2019 9:11:03 AM SAVE DATE COMM NO. DRAWINGNO. — _ _ _ _ _ -- _ _ _ _ — _ _ —I- _ 1 _ _ _ _ — _ _ _ _ - _ _ _ SEA LEVEL n I I I I I SEA LEVEL n --7-- — — —T— --T —F T — —1 — — — --7— — — — — —a. WEST ELEVATION 1/4" = 1' 0" � om GENERAL NOTES OC PRINTING NOT FOR CONSTRUCTION TRINITY LANDING PAVILION STC S SFCS Inc. • 1927 South Tryon Street -Suite 207 Charlotte, North Carolina 28203.4633 704.372.7327 • Fax 704.372.7369 www.SfcS.Com PROJECTARCHRECT JSL34C PROJECTENGINEER Oesigxv DRAWN BY Autlwr CHECKED BY Cbecbsr APPROVEDBY NO REVIMDN DEECRIMON DALE EXTERIOR N ELEVATIONS pA E PIAN NORTH1, .oi JI.Ly 18,418 SHEET A5.1 16106.00 TrmB, L—mg P.M.—H CENTRAL tlelach — MENU cnn0 vERsioN PLOT S A E PLOT DA E 11/19/2019 911:12 AM SAVE DATE COMM NO. DR4 ONO. n NORTH ELEVATION A5.2 1/4" = 1' 0" M SOUTH ELEVATION A`5.2 1/4" = 1'-0" TRUSS BRG /1 31'-6" � FIRST FLOOR /1 9'-6" GENERAL NOTES ■ OC PRINTING NOT FOR CONSTRUCTION TRINITY LANDING PAVILION STC S SFCS Inc. • 1927 South Tryon Street -Suite 207 FLOOR I� Charlotte, North Carolina 28203.4633 19' 6" 1 704.372.7327 • Fax 704.372.7369 w .SfcS.Com PROJECT DESIGNER TJWEP PROJECTARCHBECT JSL34C PROJECTENGINEER D¢Igxr DRAWN BY Autlwr CHECKED BY CNecBsr APPROVEDBY NO REVISKIN DESCRIPTION DALE FLOOR n 6'-0" 1 EXTERIOR ELEVATIONS -11111.111 DA E -oi JI.LY18,418 JRr.,PI� SHEET A5.2 Dr 16106.00 Trm4 L—mg P.M.—H CENTRAL tlelach — Appendix E-Approved Permits NEW HANO DER COUNTY ENGINEERING 230 Government Center Drive, Suite 160, Wilmington, NC 2840i P: (910) 798-7139 1 F: (910) 798-7051 1 NHCgov.com Jim lannucci, RE, CFM, County Engineer June 19, 2019 Lutheran Retirement Center -Wilmington, Inc. P.O. Box 947, Salisbury, North Carolina 28145 RE: Grading Permit #64-17 Revision #3, Trinity Landing Senior Retirement Community Dear Mr. Ted Goins, Jr.: This office has reviewed the subject erosion and sedimentation control plan. We find the plan to be acceptable with performance reservations and modifications. Please read the permit conditions carefully and return the signed blase original to our office and keep the copv for your records. Approval of this land disturbing permit hereby give notice of our right of periodic inspection to ensure compliance with the approved plan. As of April 1, 2019, all new construction activities are required to complete and submit an electronic Notice of Intent (NOI) form requesting a Certificate of Coverage (COC) under the NCGO10000 Construction Stormwater General Permit. This form MUST be submitted prior to the commencement of and land disturbing activity on the above named project, according to State Stormwater requirements. The NOI form may be accessed at deq.nc.gov/NCG01. Please direct questions about the N01 form to Annette Lucas at Annette. Iucas@ncdenr.gov or Paul Clark at Paul.clark@ncddenr.eov. After you submit a complete and correct NOI Form, a COC will be emailed to you within three business days. Initially, DEMLR will not charge a fee for coverage under the NCG01 permit. However, on or after May 1, 2019, a $100 fee will be charged annually. This fee is to be sent to the DEMLR Stormwater Central Office staff in Raleigh. A copy of the enclosed land disturbing permit, a copy of the approved erosion and sedimentation control plan as well as any approved deviations, the NCG01 permit, a copy of the Certificate of Compliance (COC), records of inspections made during the previous 30 days and a rain gauge must be posted at the job site. A preconstruction meeting is optional prior to any land disturbing activity on this project. Please contact me at (910) 798-7139 if you would like to schedule this meeting in our office. if you choose not to have the preconstruction meeting, you need to contact us with the date land disturbing activity will take place onsite and again once the initial erosion control measures are installed. New Hanover County's Erosion and Sedimentation Control Program is performance- oriented, requiring protection of existing natural resources and adjoining properties. If, following the commencement of the project, it is determined that the plan is inadequate to meet the requirements of the New Hanover County's Erosion and Sedimentation Control Ordinance, this office may require revisions to the plan and its implementation of the revisions to insure compliance with the ordinance. Page 2 of 2 This land disturbing permit will expire within 1 year following the date of approval, if no land disturbing activity has been undertaken. If no activity takes place within one year after work has begun onsite, the permit will expire. Please contact this office to reactivate a permit that has expired. Acceptance and approval of this erosion control plan is conditioned on your compliance with Federal and State water quality laws, regulations and rules. This permit will not preclude any other permits or approvals necessary for beginning or completing this development. It is the owner's responsibility to have all the approvals and permits that are required prior to beginning construction. Please note this approval is based in part on the accuracy of the information provided in the Financially Responsibility Form, which you provided. You are requested to file an amended form if there is any change in the information included on the form. Your cooperation is appreciated, Beth Easley Wetherill NHC Soil Erosion Specialist cc: John Tunstall PE, NIT Consulting Engineers PC Linda Painter, NHC Zoning Permit# GP 64-27 Revision #3 Permit for a Land Disturbing Activity New Hanover County Department of Engineering 230 Government Center Drive - Suite 160 Wilmington, North Carolina 28403 (910) 798-7139 As authorized by the New Hanover County Erosion and Sedimentation Control Ordinance ' This permit issued to Lutheran Retirement Center -Wilmington, Inc. authorizes the development of 35.37 acres of land at_4915 Masonboro Loon Road for Trinity Landing Access Road in New Hanover County with performance reservations and modifications.This permit issued on February 9.2018 is subject to compliance with the application and site drawings, all applicable regulations and special conditions and notes set forth below. And plan modifications must be approved by this office prior to field changes. It is understood by the applicant that a representative of New Hanover County's Engineering Department may inspect the site at any time following the issuance of this Permit. A copy of this permit, the approved Soil Erosion and Sedimentation Control Plan as well as any approved deviations, a copy of DEMLR's NCG01 Certificate of Compliance, records of inspections made during the previous 30 days and a rain gauge must be posted at the job site at all times. Failure to execute the provisions of this permit and the approved Soil Erosion Plan, or any other provisions of the New Hanover County Soil Erosion and Sedimentation Control Ordinance, may result in immediate legal action by the County to the limits prescribed by the Ordinance. if the measures outlined on the approved Soil Erosion Control Plan and this Permit prove insufficient, additional Erosion Control measures can and will be required, which in turn will be considered provisions of this Permit. Additional plan submittals and approvals may be required. Acceptance and approval of this erosion control plan is conditioned on the applicant's compliance with Federal and State laws, regulations and rules. This Permit does not preclude any other permits or approvals necessary for beginning or completing this development. It is the Permittee's responsibility to obtain all necessary permits and approvals that are required prior to beginning construction. This approval is based in part on the accuracy of the information provided on the Financially Responsibility Form, which you provided. You are required to file an amended form if there is any change in the information that was provided. SPECIAL CONDITIONS (THESE CONDITIONS MUST BE FOLLOWED IN ADDITION TO THE PLANS AND SPECIFICATIONS) *All the soil erosion control measures will be installed as the site is cleared and maintained throughout construction. These include a construction entrance, silt fences, outlet protection, 5 swales, 2 preformed scour holes and immediate construction and stabilization of 3 sediment traps, their slopes with Faircloth Skimmers and 3 coir baffles in each trap. Swales 3, 4 & 5 will be lined, the Faircloth skimmer in sediment trap #1 with be a 2-inch skimmer with a 1.9-inch orifice, the Faircloth skimmer in sediment trap #2 will be a 1.5-inch skimmer with a 1.3-inch orifice and the Faircloth skimmer in sediment trap #3 will be a 2.5 inch skimmer with a 2.0 inch orifice. This approval issued 2/9/18 included 4/82 acres. The original permit approved 2/9/18 included 4.82 acres for the access road. "Revision #1 approved 5/2/18 removes the silt fence around the laydown area in lieu of a stabilized buffer. "Revision #2 approved 1/4/19 includes the addition of 0.9 acres for a road and swale 3 with a 12 inch HPDE, a 18 inch pipe in swale #1 with and energy dissipater, redirects water in swale 2 to swale 1, includes a concrete washout, eliminates 2 sediment traps, shifts sediment trap 1 outside the HQW and includes a 3 inch Faircloth Skimmer with a 2.5-inch orifice and 3 coir baffles. Note: Wire backed silt fence may be required in all areas below the sediment trap. (%ontinueo) - Page 1 wo Fermit;; Gar b4-10/ Revision #3 NOTE: All permits prior to Revision #3 were previously approved under separate special conditions prior to the NCG01 April 1, 2019 deadline. **Revision #3 approved 6/29/19 for the addition of 29.65 acres includes a construction entrance, silt fences, inlet and outlet protection, concrete washouts, lined swales, 3 lined grassed outlet swales with rock dams, overflow swales 1, & 2 will be surrounded by silt fence and will be immediately lined or sodded, Swale 10-1 will be immediately lined or sodded, several perforated HDPE rock trenches will be installed, 5 sediment basins and 3 infiltration basins will be immediately installed and stabilized including their slopes and outlet structures with 6 Faircloth skimmers and a blind swale #1 with a level spreader and 30 foot vegetative filter that will be immediately stabilized sod. The skimmers in SWP 1 and SWP 2 are 4 inch skimmers with 2.9 inch orifices, SWP 3 has a 4 inch skimmer with a 3.3 inch orifice, SWP 4 has a 3 inch skimmer with a 2.4 inch orifice, SWP 8 has a 2.5 inch skimmer with a 2.3 inch orifice and Infiltration Basin B-5 has a 2 inch skimmer with a 1.8 inch orifice, Infiltration Basin B-6-13 has a 1.5 inch skimmer with a 2.3 inch orifice and Infiltration Basin 7 has a 2.5 inch skimmer with a 1.8 inch orifice. Silt fence will be required above both ends of the R/W pipe and any disturbance in the ditch will be lined. Only minor landscaping will be allowed rear of the perimeter silt fence or additional erosion control may be required. Swale 4-2 will not be allowed to drain into JB-75 during construction. Silt fences will be installed at all bridge locations to control sediment. Additional erosion control may be required. *Silt fence stakes must be steel and will be placed six feet apart without wire reinforcement and extra strength silt fence or eight feet apart with wire reinforcement. Silt fence is not allowed as inlet protection. *If any phase of grading ceases for more than 15 working days, the site will be temporarily stabilized. *All slopes must be stabilized within 21 calendar days of any phase of activity. *No sediment shall leave the site. *If these measures fail to adequately control erosion, more restrictive measures will be required. *If plan revisions are necessary you must submit a copy to this office for approval prior to any field changes. *Any borrow material brought onto this site must be from a legally operated mine or other approved source including a separate construction site with an active land disturbing permit. Borrow from any other location would require this permit to be revised to include the area where the morrow was generated as part of this site. Any soil waste that leaves this site can be transported to a permitted mine or separate construction site with an active land disturbing permit without additional permits. Disposal at any other location would require the disposal site to be included in this permit and would require submittal and approval of revised plans. You must notify this office of the location where soil is taken from or transported too prior to the activity. *Note the required rates for seed, lime, fertilizer and mulch in your seeding specifications. *Pre -construction meetings are optional. Contact Beth E. Wetherill at (910) 798-7139 to set up a meeting prior to land disturbing activity onsite. If you do not choose to have a preconstruction meeting prior to starting work on site, you should contact us when activity begins and again when the initial measures have been installed. *Tree Removal Permits and/or Approvals are required from the City of Wilmington and/or New Hanover County. *All City and/or County and State drainage and stormwater requirements will be adhered to. *This permit does not preclude any permits or approvals which may be necessary. These include but are not limited to, City of Wilmington or New Hanover County Stormwater, Planning or Zoning, State or County C.A.M.A., DEMLR Water Quality, Water Resources or Solid Waste, the US Army Corps. of Engineers or any other agencies. The approval of an erosion control plan is conditioned on the applicants compliance with Federal and State Water Quality laws, regulations and rules. * This land disturbing permit requires inspections and record keeping to be performed by the landowner, the financially responsible party or their agent, during and after each phase of the plan has been completed and after establishment of temporary ground cover. Records shall be maintained onsite until permanent ground cover has been established to provide sufficient root structure to restrain erosion. These phases include: installation of perimeter erosion and sediment control measures; clearing and grubbing of existing ground cover; completion of any phase of grading on slopes or fills that requires provisions of temporary or permanent ground cover; completion of storm drainage facilities; completion of construction or development; and quarterly until the establishment of permanent ground cover sufficient to restrain erosion. Or, until the financially responsible party has conveyed ownership or control of the tract of land for which the erosion and sedimentation control plan has been approved and the agency that approved the plan has been notified. If the financially responsible party has conveyed ownership of control of the tract of land for which the erosion and sedimentation control plan has been approved, the new owner's or person in control shall conduct and document inspections quarterly until the establishment of permanent ground cover sufficient to restrain erosion. The person who performs the inspections shall maintain and make available a record of the inspection at the site of the land disturbing activity until permanent ground cover has been (Continued) - Page Three Permit# GP 64-17 Revision #3 established. The records will document: the installation of the erosion and sedimentation control measures, practices and devices as set forth by the approved plan or if the measures, practices and devices are modified after initial installation; the completion of any phase of grading for all graded slopes and fills shown on the approved plan, specifically noting the location and condition of the graded slopes and fills; the location of temporary or permanent ground cover, and that the installation of the ground cover does not significantly deviate from the approved plan; that maintenance and repair requirements for all temporary and permanent erosion and sedimentation control measures, practices an devices have been performed and that they don't significantly deviate from the approved plan; any significant deviation from the approved erosion control plans and identify measures that may be required to correct the deviation and document the completion of the corrective actions; it includes contact information for the person conducting the inspection and the date of the inspection. These requirements are in addition to inspections required by GS 113A 61.1. * As of April 1, 2019, all new construction activities are required to complete and submit an electronic Notice of Intent (NOI) form requesting a Certificate of Coverage (COC) under the NCGO10000 Construction Stormwater General Permit unless this project has applied for an Individual Construction Stormwater Permit. The NOI form must be submitted prior to the commencement of any land disturbing activity on the above named project, according to State Stormwater requirements. The NO] form may be accessed at deq.nc.gov/NCG01. Please direct questions about the NOI form to Annette Lucas at Annette.lucas@ncdenr.eoy or Paul Clark at Paul.clark@ncdenr.eov. After you submit a complete and correct NOI Form, a COC will be emailed to you within three business days. Initially, DEMLR will not charge a fee for coverage under the NCG01 permit. However, on or after May 1, 2019, a $100 fee will be charged annually. This fee is to be sent to the DEM LR Stormwater Central Office staff in Raleigh. *Additional self -inspections, record keeping and reporting is required by the Construction Stormwater General Permit - NCG01 per State Stormwater. It requires inspections and record keeping at least once per 7 calendar days and within 24 hours of a rain event of 1.0 inch or more, in 24 hours. Rain inspections reset the required 7 calendar day inspection requirement. Records of inspection made during the previous 30 days must be kept onsite. Other reports are to be made available for 3 years. Reporting is required to the States Stormwater Divisions Regional Office for sediment deposits in streams or wetlands, oil spills, release of hazardous substances, anticipated bypasses, unanticipated bypasses and noncompliance with conditions of the permit that may endanger health or the environment. There are specific time frames for reporting and submittal of reports to the Divisions Regional Office. NCG01 includes 7 and 14 calendar day ground stabilization and materials handling requirements. Materials are to be kept in leak proof containers, under storm resistant cover or have secondary control structures. They are to be stored 50 feet away from storm drains, surface waters and wetlands. They include flocculants, equipment and vehicle maintenance, litter, building materials and land clearing waste, paint and other liquids, portable toilets, earthen stockpile management, concrete washouts, herbicides, pesticides and rodenticides, and hazardous and toxic waste. Contact the Department of Energy, Mineral and Land Resources Stormwater Division at deq.nc.gov/NCG01 or the Wilmington Regional Office at 910) 798-7215 for additional information. This Permit will expire one year from date of issue if no construction activity begins on site. This permit may not be amended or transferred to another party without approval of this office. Beth E. Wetherill, C.P.E.S.C. Soil Erosion Specialist/New Hanover County Acknowledgment of receipt of Permit Owner By (please print) Signature NEW HANOVER COUNTY ENGINEERING 230 Government Center Drive, Suite 160, Wilmington, NC 28403 P: (910) 798-7139 1 F. (910) 798-7051 1 NHCgov.Com August 21, 2019 Norris & Tunstall Consulting Engineers, PC 1900 Eastwood Road, Suite 11 Wilmington, NC 28403 Attn: Mr. T. Jason Clark, PE RE: Trinity Landing Dear Mr. Clark: Jim lannucci, PE, CFM, County Engineer M AUG 2,42019 We have reviewed the application and submittal package for the above referenced project and have issued an "Authorization to Construct". Any deviations from the approved plans will require re -submission. The approval issued by the County is that the application and supporting documents are complete and in accordance with the requirements of the ordinance. Nothing whatsoever in the approval should be construed as or be deemed to create additional duties on the part of the County of New Hanover that are the responsibilities of the Owner and the design professional. If there is a need for a change in ownership, an "Ownership Change Form" must be submitted and a fee of $100.00 will be required. Please be advised, if the land disturbing exceeds one acre, the project will need a Sedimentation & Erosion Control Permit prior to the disturbance. Please gore; Upon completion of Ilse construction required by the "Ai ttltorizatioit-To-Construct", the design professional's certification must be delivered to the County. If you have any questions regarding the foregoing information, please contact our office. Sincerely, hie1B e v�i 'Iac cq aP Chief Project Engineer New Hanover County PBlpdj cc: file #773-08/21/19 Mr. Ted W. Goins, Jr. — Lutheran Retirement Center — Wilmington, Inc. ROY COOPER MICHAEL S. REGAN secretary S. RANI€L SMITH Director September 20, 2019 NORTH CAROLINA Envimnnwntnl Quaiity Lutheran Retirement Center - Wilmington, Inc. Attn: Mr. Ted W. Goins, Jr., President 1416 S. Martin Luther king, Jr. Avenue Salisbury, NC 28411 Subject: State Stormwater Management hermit No. SW8190405 Trinity Landing High Density Project New Hanover Counter Dear Mr. Goins: 0 M M T � IN M By SEP 26 2019 The Wilmin&tori Re ional Office received a complete., State Stormwater Management Permit Application for the subject project on September 19, 2019. Staff review of the plans and specifications has determined that the project, as proposed, complies with the Stormwater Regulations set forth in Title 15A NCAC 02H.1000 Permit No. SWS 190405 dated September 20, 2019, for the construction of the built -upon areas (BLIA) and stormwater control measures (SCMs) associated with the subject project. This permit shall be effective from the date of issuance until September 20, 2027 and the project shall be subject to the conditions and limitations as specified therein and does not supersede any other agenvy permit that may be required. Failure to comply with these requirements will result in future compliance problems. Please note that this permit is not transferable except after notice to and approval by the Division. This cover letter, attachments, and all documents on file with DBMLR shall be considered part of this permit and is herein incorporated by reference. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an ad'udicatory hearing by filing a written petition with the Office of Administrative Hearings [OAH). The written petition mast conform to Chapter 150E of the North Carolina General Statutes and must be filed with the OAH within thirty (30) days of receipt of this permit. You should contact the OAH with all questions regarding the filing fee (if a filing fee is required) and/or the details of the filing process at 6714 Mail Service Center, Ratei h, NC 27699-6714, or via telephone at 919-431-3000, or visit their website at www.NCOAH.com. . unless such demands are made this permit shall be final and binding. North Carolina Department of Environmental quality � Division aP Energy, Mineral and Land Resources RE Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North caroklna 28405 °1°w"""'' 910.796.7215 If you have any questions concerning this permit, please contact Kelly Johnson in the Wilmington Regional Office, at (910] 796-7215 or kelly.p.johnson@ncdenr.gov. Sinter -fly, r. - S. Daniel Z�1;ith, Director Division of Energy, Mineral and Land Resources enclosures: Attachment A — Designer's Certification Form Application Documents CDS/kpy\\\Stormwater\Permits & Projects\2019\190405 HDj2019 09 permit190405 cc; jason Clark, PE, Norris &Tunstall 1900 Eastwood Road, Suite 11, Wilmington, NC 28403 New Hanover County Building Safety Department. New Hanover County Engineering Division of Coastal Management Wilmington Regional Office Stormwater File DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT MAJOR MODIFICATION 1. APPLICANT'S NAME: Lutheran Retirement Center- Wilmington, Inc. (Trinity Landing) 2. LOCATION OF PROJECT SITE: 4915 Masonboro Loop Road, adjacent to the AIWW, in New Hanover County Latitude: 34°08'43.95"N Longitude: 77°52'20.62"W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Date of Site Visit — 11/6/19, 5/1/20 Applicant Present — Yes, No 5. PROCESSING PROCEDURE: Application Received — 3/12/20 Complete — 4/23/20 Office — Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - New Hanover County Land Classification from LUP — General Residential (B) AEC(s) Involved: CW, EW, PTA (C) Water Dependent: Yes (D) Intended Use: Commercial, Residential (E) Wastewater Treatment: Existing — Municipal (F) Type of Structures: Existing — Upland Retirement Community Construction Ongoing Planned — Waterfront Pavilion, Bridges, a Docking Facility with Boat Lifts and Kayak Launch (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DRED:iED FILLED OTHER (A) Vegetated Wetlands 3,450 sq. ft. (shading) (B) Non -Vegetated Wetlands 7,150 sq. ft. (Open water) (C) Other- Upland Disturbance 1.35 acres (D) Total Area Disturbed: — 1.6 Acres (E) Primary Nursery Area: Yes (F) Water Classification: SA-ORW Open: Yes 8. PROJECT SUMMARY: The applicant proposes a major modification to the existing permit for new water dependent development including bridges to access a waterfront pavilion and a 9 slip docking facility with 9 boatlifts and two kayak launch floating docks within the AIWW. Trinity Landing Major Modification c/o John Frye Page 2 9. PROJECT DESCRIPTION: The applicant has requested a major modification to State Permit No. 6-20. The project site is located at 4915 Masonboro Loop Road, adjacent to Masonboro Sound, in New Hanover County. The property is approximately 48.5 acres and ranges from 0 ft. -29 ft. above normal high water (NHW). The property consists of an undeveloped vacant tract of land along Masonboro Loop Road. The parcel is directly adjacent to the UNCW Center for Marine Science to the south and residential neighborhoods to the north and west. The AIWW borders the property to the east. The parcel has over 1800 linear ft. of shoreline The majority of the parcel is high ground pine forest and other native species which transitions into Section 404 wetland vegetation and Coastal Wetlands, consisting mostly of Salt Meadow Grass (Spartina patens), Black Needlerush (Juncus roemerianus) and Salt Marsh Cordgrass (Spartina alterniflora). State Permit No. 6-20 was issued on January 15, 2020 for construction of a new high density retirement community consisting of apartments and villas with additional buildings for a clubhouse, amenities and independent living within the Coastal Shoreline — Outstanding Resource Water (ORW) Area of Environmental Concern (AEC). The southern portion of the authorized upland development project is approximately 335 ft. above NHW. There are three high ground "hummock" Islands within the Coastal Wetland area adjacent to the AIWW. A delineation was approved by the US Army Corps of Engineers on April 18, 2014 (Action ID SAW- 2014-00065) and expired on 4/18/19. Coastal Wetlands and NHW were verified by DCM on March 14, 2016 and were discussed during our 11/6/19 site visit. The City of Wilmington/New Hanover County 2006 Land Use Plan classifies adjacent waters as Conservation, and the adjacent high ground portion of the project area as General Residential. The waters of the AIWW are classified SA-ORW by the Division of Water Resources. The open water area is designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries and they are OPEN to the harvest of shellfish. PROPOSED PROJECT: The applicant proposes a major modification to the existing permit for new water dependent development including bridges to access a waterfront pavilion and a 9 slip docking facility with 9 boatlifts and two kayak launch floating docks within the AIWW. An upland bridge would extend east from the high ground over Section 404 and Coastal Wetland to two high ground "hummock" Islands within the Coastal Wetland area adjacent to the AIWW. A wooden bridge section measuring approximately 499 ft. long by 12 ft. wide is proposed to allow for golf carts to travel from the high ground via the "hummocks" to the proposed waterfront pavilion (see Sheet 3 and 5 of 6). Approximately 140 linear ft. of this section will be over Coastal Wetlands and the applicant is proposing to elevate the 12 ft. wide bridge 3 ft. in these areas. This section of bridge will lead to an area of pervious pavers outside of the 30 ft. Coastal Shoreline buffer measuring approximately 85 ft. long by 30 ft. wide (2,597 sq. ft.). A second section of 12 ft. wide bridge would extend approximately 270 linear ft. from the first "hummock" island to a larger "hummock" island. Approximately 100 linear ft. of this section would be over Coastal Wetlands and is proposed to be elevated 3 ft. above the marsh substrate. Trinity Landing Major Modification c/o John Frye Page 3 The application states that a 63 ft. long by 48 ft. wide (3024 sq. ft.) waterfront pavilion is proposed outside of the 30 ft. Coastal Shoreline buffer along the south east side of the second "hummock" island including 5,452 sq. ft. of pervious parking. Wooden 6 ft. wide walkways are proposed on the east side of the "hummock" area leading from the parking area to the waterfront pavilion, a 44 ft. long by 10 ft. wide (440 sq. ft.) wooden deck with pergola to the north and the proposed community marina to the east. The application states that temporary logging mats will be utilized when crossing all wetlands areas. The proposed walkway would transition into a 6 ft. wide pier crossing both Section 404 and Coastal Wetlands (see Sheets 3 of 6 and 6 of 6). The 6 ft. wide proposed pier width extends approximately 95 linear ft. over Coastal Wetlands and 125 liner ft. over open water, the pier terminates at a covered gazebo measuring 24 ft. long by 24 ft. wide (576 sq. ft.). Approximately 21 ft. landward of the gazebo a 12 ft. long by 8 ft. wide fixed platform is proposed south of the pier to provide access via ramp to an 11 ft. long by 10 ft. wide landing ramp and two 12 ft. long by 4 ft. wide Kayak launches. According to the application the proposed kayak launches would be located in water depths ranging from -2 ft. to -3ft. at MLW. Just landward of the proposed gazebo a 149 ft. by 6 ft. wide fixed dock would extend to the south. Five (5) fixed finger piers measuring 30 ft. long by 5 ft. wide would extend east from the fixed dock providing access to nine boatslips. The proposed docking facility would extend approximately 1/4 width into the waterbody and would be located just landward of the 80 ft. Federal Channel Setback (see Sheet 4 of 6). Nine (9) boatlifts, measuring 12 ft. in length x 12 ft. in width, are proposed within each slip in water depths reported to be -4 ft. NLW. The proposed docking facility would extend approximately 196 ft. into the AIWW which measures approximately 750 ft. across in this area. As proposed, the docking facility would not encroach into either 15 ft. riparian setback. In addition, the applicant proposes to directionally bore approximately 3 - 5 ft. beneath the wetlands to provide utilities to the pavilion. Three temporary 8 ft. by 10 ft. bore pits for a waterline and sanitary sewer are proposed landward of both Section 404 and Coastal Wetlands and would be located west of the first "hummock" area (see Sheets 3 and 5 of 6). According to the applicant, the proposed 2" waterline would extend approximately 282 ft. beneath Section 404 and 205 ft. beneath Coastal Wetlands. The proposed 2" sewer line would extend approximately 226 ft. beneath Section 404 wetland and 262 ft. beneath Coastal Wetlands. The application includes an approved Sedimentation and Erosion Control Plan from New Hanover County, dated 6/19/19, and a Stormwater Permit (SW8 190405) issued on 9/20/19 for the previous project (see Appendix Q. A current J/D was not submitted with this application, SAW-2014-00065 expired on 4/18/19. The application states that a site plan has NOT been submitted to stormwater for review of this major modification request and the Sedimentation and Erosion Control Plan has not been updated for this modification request. At the time of submittal, the applicant was re -notifying one of the adjacent property owner (Merrimon) and notification has not been confirmed at this time. 10. ANTICIPATED IMPACTS: The proposed new development would disturb an additional 1.35 acres of high ground. The application states that the additional total impervious area inside the 575' ORW AEC would be limited to 5.2% for a total of 12.4 % project wide, which would be less than the maximum 25% impervious allowed. The total surface for the entire tract would be 12.4 %. The additional impervious surface in the 575 ft. ORW AEC Trinity Landing Major Modification c/o John Frye Page 4 would be 3,024 sq. ft. for this proposal. According to the applicant both the pavilion parking area and the pavers between bridges on the "hummock" areas will be pervious. The proposed 12 ft. wide bridges would shade approximately 2,880 sq. ft. of Coastal Wetlands and are proposed to be elevated only 3 ft. above the marsh substrate, creating potential shading concerns. The proposed 6 ft. wide pier would shade approximately 570 sq. ft. of Coastal Wetlands for a total of 3,450 sq. ft. The proposed docking facility would incorporate approximately 7,150 sq. ft. of open water within Outstanding Resource Waters (ORW). The docking facility would add 9 permanent boatslips in water depths (verified by DCM) to be between - 2 ft. and -4 ft. at NLW in an area that is currently open to shellfishing. As proposed the docking facility would not exceed'/4 width of the waterbody nor encroach into either adjacent 15 ft. riparian setback. Submitted by: Tara MacPherson Date: 5/6/20 Office: Wilmington ROY COOPER (Golvrnor MICHAEL S. REGAN Set r"Iu, BRAXTON DAVIS 1)irertor, Di;'isFon o1Yoaslal Ahina,genew May 8, 2020 Advertising@starnewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice: • Lutheran Retirement Center — Wilmington, Inc. / New Hanover County Hello Angie: Please publish the attached Notice in the Wednesday, May 13, 2020 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Tanya Pietila at the NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by credit card to the attention of Jarimy Springer, (Customer No.70100342). Please email a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. cc: MHC file Curt Weychert USACE I. ;Sinc rely, Tanya ie ila Perm' g Support & Customer Assistance State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 f�.Q COOPER NORTH CAROLINA Environmental Quality Governor MICHAELS. REGAN May 6, 2020 Secretary BRAXTON C. DAVIS Director Land Management Group c/o Steve Morrison 3805 Wrightsville Ave Suite 15 Wilmington, NC 28403 Dear Mr. Dortch: The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for Lutheran Retirement Center- Wilmington, Inc. for State approval for development of property known as Trinity Landing located at 4915 Masonboro Loop Road, adjacent to the AIWW, in Wilmington, New Hanover County. It was received as complete on April 23, 2020 and appears to be adequate for processing at this time. The projected deadline for making a decision is July 7, 2020. 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 April 23, 2020 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 fronf'.ng your property; or at a point along the road right-of-way where a ;private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, nn i Tara MacPherson District Manager cc: DCM-WIRO DCM- MHC Curt Weychert Christine Bouffard, LPO USACE Robb Mairs, DWR John Frye, Applicant iaorth Carolina Delsartrngnt of Erivironmental Q ,ahty 1 Division of Coastal Manage.tterrt Wi!rnington Office k 127 Carding {give FXtension i Wilmington. North Carolina 28,405 910,796.7215 NORTH CAROLINA Environmental Quality May 8, 2020 MEMORANDUM FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) curt.weychert(o-)NCDENR.gov SUBJECT: CAMA ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director, Division of Coastal Management Applicant: Lutheran Retirement Center— Wilmington, Inc. (Trinity Landing) Project Location: 4915 Masonboro Loop Rd., adjacent to the AIWW, in Wilmington, New Hanover County Proposed Project: The applicant proposes a Major Modification to the existing permit for new water dependent development including bridges to access a waterfront pavilion and a nine (9) slip docking facility w/ nine (9) boat lifts and two (2) kayak launch floating docks within the AIWW. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Wevchert at the address above by June 3, 2020. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7266 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. PRINT NAME AGENCY SIGNATURE DATE 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. State ofNorth Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 W w j r""Y. aU'y 'i`:� *��i' ti�i• _w q or, i • zF pi -14 tea Y F z y J r • O P 3; a a yy �w e- lk p . • �>, ' �..:, dr.` - LIAAA AND SARAH MERRINTAN�.. 5624 CAPTAINS LANE \ � W4LMING�ON, NC 28409 � ^Y / f STATE OF NORTH CAROLINA DOA STATE PROPERTY OFFICE 1301 MAIL SERVICE CENTER !.z p / �\ O �\\I\ h� IV GYy — 5. V. UT= 6 _ �m06, SSMH NO.IC \ x^�w„xre INVRI N= 1. 21 /''1°T►\m'°� ` -- / �\ INV. OUT= 13.12 TEL PED e0% (FT m 575' AEC m a SSMH N0. 1A RIM— 7.88 (FIl TER) MASO N BO RO LOOP ROAD �� \'�J—� d AN D 1 I �a m uoi �a � � •• mw — Ol PERMITTED BUILDINGS, STORMWATER PONDS, ROADS AND UTILITIES (CAMA PERMIT # 6-20) BRIDGE 1- SEE PROFILE 1 75' NHC COD SETBACK 35' NHC VEGETATIVE 30' CAMA BUFFER BUFFER NHW Legend Property Boundary NOTES. Project: Date: Revision Date: 1. BASE FILES PROVIDED BY OTHERS /T T /� Trinity Landing 3/31/2020 4/22/2020 2. NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING ONLY. LM Major Modification Scale: Job Number: LAND MANAGEMENT GROUP CAMA Permit # 6-20 1 "=200' LMG16.043 Title: a DAVEY� company Drawn By: Sheet Number: 3805 Wrightsville Ave, Suite 15 Plan View 0 Wilmington, North Carolina 28402 GSF 2 of 6 Telephone: 910-452-0001 p Landing -Major Mod.dwg BUFFER O i• 10 3 _, 404 WETLAND LINE •' • COASTAL WETLA D LINE 100 to 3 i i iz�wmLr '\ - 1 D ' DIRECTIONALT opi'`v ,° • BORE UTILITIE 1-00 LOD / '" • if 1 \ 40 LOD _ % 0 - ru \ • PERV O ° R E UIV 1 5' NHC °o COD SETBACK , 35' NHC VEGETATIVE BRIDGE 2 BUFFER 270' X 12' Legend Property Boundary BRIDGE 1 499' X 12' SEE PROFILE 1 30' CAMA BUFFER 75' NHC COD SETBACK 35' NHC VEGETATIVE BUFFER — FIXED PIER 126' X 6' FRO M —7�?ASTAL WETLAND L E E O�I L E J / , / / 404 LAND LINE KAYAK LAUNCH NHW PAVILION 63' X 48' 9 SLIP FIXED RIPARIAN — PERVIOUS PARKING (ROOF LINE) DOCKING FACILITY AND WALKWAYS (LIFT SLIPS) /CORRIDOR NOTES: 1. BASE FILES PROVIDED BY OTHERS. 2. NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING ONLY. o Project: Date: Revision Date: T /r r1 Trinity Landing 3/31/2020 4/22/2020 ZL �11 (` Major Modification 11 J+ CAMA Permit # 6-20 Scale: Job Number: LAND MANAGEMENT GROUP 1"=100' LMG16.043 a a Title: .company 3805 Wrightsvilleille Ave,AvSuite 15 Waterfront Drawn By: Sheet Number: ✓ilmington, North Carolina 28402 Detail GSF 3 of 6 Telephone:910-452-0001 f OD 6' WIDE ACCESS PIER (126' LONG FROM COASTAL WETL ND LINE) 007/ ' o t1 / f /toD i ,�o 22' X 22' COVE D GAZEBO oo +0 + �� \ / J (24f X 24' ROO LINO 2+ p ,12' X 8' FIXED PLATFORM ,' � ; i W%ATE�BO D'Y WIDTH 36' X 4' RAMPoo % l 35' C V ETATIV ; /X 10' RAMP LANDING DOCK ;/ ►J PRO ILE 2 FFER �5' OD SETBACK,// A'r 4' YAK LAUNCI-�WCKS i WITH GRAB BARS -2 MLW ' OUTER EDGE OF M RSH / COASTAL WETLAND LINE 28 / Z f / ; 4G/ 30 CAMA BUFFER /'404,WE LAND WNE 6' -0 MLW / USACE NAVIGATION \? "'' �� % CHANNEL SETBACK 8 / -10 NI VV r� _ �'4 % -6 l l Legend MLW Contours ----------- NOTES: 1. ALL SLIPS TO HAVE BOAT LIFTS. Project: Date: Revision Date: T T /r r1 Trinity Landing 3/31/2020 4/22/2020 2. BASE FILES PROVIDED BY OTHERS. L11�11 (`J� Major Modification 3. NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING ONLY. �,nrrnNta,NncFutsNTcttoue CAMA Permit # 6-20 Scale: 1"=30' Job Number: LMG16.043 a aWE4, company Title: 3805 Wrightsville Ave, Suite 15 Dock Detail Drawn By: Sheet Number: 01.5 in 60 Wilmington, North Carolina 28402 GSF 4 of 6 Teleohone:910-452-0001 75' NHC COD SETBACK 2( 75' NHC COD SETBACK 35' NHC VEGETATIVE BUFFER „--"-"-�- OFILE 1 / DIRECTIONAL BORE PIT 499' X 12' BRIDGE (GUARDRAIL NOT SHOWN) LOD LOD 1 ' O D- LOD �� LOD LOD I t V DIRECTIONAL BO p�x. LOD LOD - GO-1 �.. �Y COASTAL WETLAND LINE 404 WETLAND LINE 35' VEGETATIVE SETBACK COASTAL WETLAND LINE 12'-WIDE BRIDGE WITH GUARDRAIL ninn And \A/FTI Amin I INIF 0 i J/ 001 OOJ CIO,/ p0� osv41 OD AND SILT FENCE TL E \ DIRECTIONA BO IT 35' RHC VEGETATIVE BUFFER 35' VEGETATIVE SETBACK -- 3' MIN. / r 3' MIN. i Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q it I utvv t EXISTING GRADE JL 404 WETLAND LINE V PILINGS PER ENGINEER COASTAL WETLAND LINE (SIZE, SPACING, DEPTH) NOTES: 1. BASE FILES PROVIDED BY OTHERS 2. NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING ONLY. 1 1 1 Trinity Landing �LMG Major Modification LAND MANAGEMENT GROUP �i a DAVEYcomyany i LAMA Permit # 6-20 Title: 3805 Wrightsville Ave, Suite 15 Jilmington, No th Carolina 28402 Profile 1 Telephone:910-452-0001 Ztau 3/31 /2020 4/22/2020 Scale: Job Number: 1 "=20' LMG16.043 Drawn By: Sheet Number: GSF 5 of 6 10 JOINT 04/COAST L a WATERBODY WIDTH , °°, ` °� WET AND LINE / / \007 �Oo OUTER EDGE OF MARSH °p USACE NAVIGATION °p' CHANNEL SETBACK40 r , 30' CAMA BUFFER _ /_00 35' HC VE TATIVE BU FER ,Q 3�oo /=Q 75' N COD S BACK NHW IT o PROFILE 2 j I ; 2( 1( PIER CONTINUES JOINT 404/COASTAL WETLAND LINE n,nn / —:in' (:AAA RI IFFFR 1/4 WATERBODY WIDTH 24' X 24' COVERED GAZEBO (ROOF LINE) USACE NAVIGATION CHANNEL SETBACK 14-n0 OLJTFR FDGF OF MARSH 7 z+nn 3' MIN. -� — — — — — — — NHW n s e n c n c n n MLW n e e c c c c n u e e e c c n n n n n u*uu 1Y'VV EXISTING GRADE NOTES: 1. BASE FILES PROVIDED BY OTHERS 2. NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING ONLY. PILINGS PER ENGINEER (SIZE, SPACING, DEPTH) rsl•� Trinity Landing ;;� LM G Major Modification LAND MANAGEMENT GROUP CAMA Permit # 6-20 �i comyany a DAVEYi Title: 3805 Wrightsville Ave, Suite 15 Profile 2 Jilmington, North Carolina 28402 Telephone:910-452-0001 3/31 /2020 3tUU 4/22/2020 Scale: Job Number: As Noted LMG16.043 Drawn By: Sheet Number: GSF 6 of 6 10 15 Major Permit Fee Schedule Project Name: Uu'y, � ,Uosj County: Check No & Amount: VII�,Sq ;�1yIU Syut) C DCM % DWQ % Development Type Fee (14300160143510009316256253) (2430016024351000952341) I. Private, non-commercial development that does not involve the filling or $250 100% ($250) 0% ($0) excavation of any wetlands or open water areas: II. Public or commercial development that does not involve the filling or excavation $400 100% ($400) 0% ($0) of any wetlands or open 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: III(A). Private, non-commercial development, if General Water Quality $250 100% ($250) 0% ($0) Certification No. 4175 can be applied: III(B). Public or commercial development, if General Water Quality Certification $400 100% ($400) 0% ($0) No. 4175 can be applied: If General Water Quality tification No. 4175 could be applied ibDCM staff determined that additi al $400 60% ($240) 40% ($160) review and written DWQ concurr ce is needed because of concerns re ted to water quality or aquatic lif : III(D). If General Water Quality $400 60% ($240) 40% ($160) Certification No. 4175 cannot be applied: IV. Development that involves the filling and/or excavation of more than one acre $475 60% ($285) 40% ($190) of wetlands and/or open water areas: