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HomeMy WebLinkAbout20201773 Ver 1_CAMA Application_20201110DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Anthony Dombroski c/o ATD Construction 2. LOCATION OF PROJECT SITE: 1632 Soundwatch Drive (Lot #8), adjacent to Everett Creek/AIWW and Myrtle Grove Sound, New Hanover County. Latitude: 34°08'54.79897"N Longitude: 77°51'40.10015"W 3. INVESTIGATION TYPE: CAMA & D & F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit 7/2/20 Was Applicant Present — Yes 5. PROCESSING PROCEDURE: Application Received — 9/21/20 Complete- 10/28/20 Office — Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - New Hanover County Land Classification From LUP - Resource Protection (B) AEC(s) Involved: PT, EW, CW, ORW ES (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing — Municipal Planned — None (F) Type of Structures: Existing - Vacant lot Planned - New residential dwelling, retaining wall, driveway and private docking facility (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] TAR F'.nnRn PTT T Pn nTu� n (A) Vegetated Wetlands (§ 404 wetlands and 3,993 sq. ft. 480 sq. ft, coastal wetlands) (§ 404) (shading CW) (B) Non -Vegetated Wetlands 2,405 sq. ft. (Open water) (C) Other (High Ground) 4,000 sq. ft. (D) Total Area Disturbed: 10,831 sq_ ft_ (0.25 acres) (E) Primary Nursery Area: Yes (F) Water Classification: SA-ORW Open: No 8. PROJECT SUMMARY: The applicant proposes to construct a single-family residence, driveway culverts, bulkheads and landscape retaining walls with associated §404 wetland fill and a private pier with kayak dock. Anthony Dombroski c/o ATD Construction Page 2 9. PROJECT DESCRIPTION: The applicant's property is located at 1632 Soundwatch Drive, lot #8, Intracoastal Watch Subdivision in New Hanover County. The proposed project is adjacent to Myrtle Grove Sound/AIWW. To find the property travel south from Wilmington on South College Road (NC 132) to the intersection of South College, Carolina Beach Road (NC 421) and Piner Road. This intersection is known locally as Monkey Junction. Turn left onto Piner Road and travel approximately one mile to the stop sign at Myrtle Grove Road. Turn right onto Myrtle Grove Road and travel approximately one mile to Soundwatch Drive on the left. The property is located at the end of the cul-de-sac on Sound Watch Drive. The property is a vacant residential lot approximately one acre in size. The lot is relatively flat and has an average elevation of approximately 6' above normal high water (NHW). There is an area of the higliground located on the eastern end of the lot, which was filled by the previous owner (C. Speaks). Several areas of §404 Wetlands extend into the property, which includes a freshwater pond on the most western end of the property. There are no existing structures on the applicant's lot. State Stormwater Management Permit No. SW8 960623 was issued on July 26, 1996 for the Intracoastal Watch Subdivision limiting the built upon area of each lot to 4,300 sq. ft. The State Storm water permit also indicates that Filling in or piping of any vegetative conveyances (ditches, swales etc.) associated with the development except for average driveway crossings, is strictly prohibited. The lot has approximately 140' of shoreline along Myrtle Grove Sound and the Atlantic Intracoastal Waterway. This embayment measures approximately 1,500' wide and the property is approximately 970' from the edge of the federally maintained channel setback of the AIWW. Previous spot elevations within this embayment conducted during the Intracoastal Watch community pier permit application process indicate water depths across the embayment average less than -0.5' at mean lower low water (MLLW). Section 404 wetlands exist on the parcel and a formal Jurisdictional Determine was conducted on 11/2/07 by Jennifer Frye with the USACE. This J/D expired onl l/2/12. Along the applicant's shoreline is a border of coastal wetlands averaging approximately 80' in width. The upper portion of the coastal wetland border, as it transitions from highground, is vegetated primarily with, Salt -meadow Grass (Spartina patens), and several shrub species, including: Southern Wax Myrtle (Myrica cerifera) and Yaupon Holly (Ilex vomitoria). Moving waterward, the gradual drop in elevation for the next 50' allows Black Needlerush (Juncus roemerianus) to become the dominate species. Still waterward of the Black Needlerush there is a slightly higher shell bank which is vegetated with Spike Grass (Distichlis spicata). Beyond the shell bank there is an approximately 15' wide border of Smooth Cordgrass (Spartina alterniflora) adjacent to the open water embayment. Within the Intracoastal Watch Subdivision there are three waterfront lots which border Myrtle Grove Sound. The applicant's property, Lot 8, is the southern most of these lots. An existing 10 slip community exists between Lots 9 and 10. This structure was authorized to Daclar, Inc. under LAMA Major Permit No. 105-98 on July 31, 1998 and through a Special Use Permit (S-429) from New Hanover County on July 13, 1998. There are existing private piers located to the north and to the south of Intracoastal Watch Subdivision along the same shoreline. The property directly to the south of the applicant's property, a single family residential property, which currently has a private docking facility authorized under CAMA General Permit No. 36943-D on March 9, 2004. Based on the previously provided riparian survey, the existing water depth between the two existing docking facilities was approximately -1.0' @ normal low water (NLW). These depths appear to be consistent with current water depths. The establishment of the areas of riparian access were done by using the surveyed center point (Coordinates: X: 2341200, Y: 134940) for the mouth of the embayment of Everett Creek and extending radial lines from this point to the property boundaries. The community pier, as constructed, appears to encroach into the applicant's area of riparian access (see Sheet 6 and 7 of 10). An objection has been received by the adjacent riparian property owner of lot 9 declaring that under that CAMA Major Permit the all three waterfront properties relinquished rights to build private docks. This information was not found in either the permit or deed and it is unclear whether CAMA Major Permit 105- 98 was issued under such conditions. The City of Wilmington and New Hanover County Land Use Plan classifies the adjacent waters as Conservation, and the adjacent high ground portion of the project area as Resource Protection. In the project area, the waters of Myrtle Grove Sound are classified as SA-ORW by the NC Division of Water Resources, and they are CLOSED to the harvest Anthony Dombroski c/o ATD Construction Page 3 of shellfish. These waters are designated as a Primary Nursery Area (PNA), by the NC Division of Marine Fisheries. The application includes a variance that was granted by New Hanover County (NEC) (Case No. ZBA- 886) on October 20, 2014 to encroach into the NHC 75' Conservation Overlay District (COD) and a 404 Water Quality Certification (07-1979v2) dated January 11, 2015. Please note that due to design change these documents do not address the current development proposal and footprint. PROPOSED PROJECT: The applicant proposes to construct a single-family residence, driveway, culverts, bulkheads and landscape retaining walls with associated §404 wetland fill and a private pier with kayak dock. High ground development on the tract includes the construction of a single-family residence with a footprint of —50' in length by -u44' in width with associated covered and uncovered porches. Approximately 250 liner ft. of landscape retaining wall/ and 182 Iiner ft. of bulkhead is proposed around the footprint of the house and the 14 ft. wide by 47 ft. long concrete parking area to contain the upland and filled areas from the Section 404 Wetland Areas (see Sheet 4 of 10) An approximately 35 ft. long and 12-19ft. wide concrete driveway is proposed with two 14 ft. long by 12" wide culverts with bulkheads on both sides within the existing access easement (see Sheet 8 and 10 of 10). The application states the proposed driveway, parking area, timber retaining walls and portions of the building footprint would incorporate approximately 3,996 sq. ft. of jurisdictional § 404 wetlands. The driveway to access the lot would be located within an existing access easement on lot #9. All proposed upland development is located within the 575' Area of Environmental Concern (AEC). According to the application package, approximately 3,946 sq. ft. (10.4%) of impervious surface would cover the property. All proposed upland development would be located landward of the Coastal Shoreline 30' Buffer. The application states that the wastewater would tie into the existing sewer system located on the western portion of the property, which is serviced through the Cape Fear Public Utility Authority (CFPUA). The applicant is also proposing to construct a private docking facility north of Everett creek into the waters of Myrtle Grove Sound/A1W W. An access pier, measuring approximately 443' in length by 6' in width would extend towards the sound. This pier would extend approximately 240' below NHW. The access pier would lead into a fixed covered platform, measuring approximately 23' in Iength by 20' in width. An additional uncovered fixed platform would extend water ward of the gazebo approximately 18 ft. and would be triangular in shape with a maximum width of 17 ft. reducing down to 8 ft. in width this would transition into an additional fixed triangular kayak dock extending another 12 ft. with a maximum width of 8 ft. tapering down to I ft. at the terminal end. According to the applicant, the small fixed triangular docks will be able to be lowered to allow for loading and unloading of canoes and kayaks. The application states that existing water depth in the vicinity of the proposed docking facility would range from approximately -0.5' to -1.0' @ NLW. As proposed and per the riparian survey, the proposed docking facility would be located within the established pier length, within 1/4 of the width of the waterbody and within the applicant's area of riparian access and would not encroach into the adjacent 15' riparian corridor setback area requirement. No formalized slips are proposed. Written objections have been received from both adjacent property owners and are included in the application package. 10. ANTICIPATED IMPACTS: The proposed upland development activities would result in the disturbance of approximately 4,000 sq. ft. of high ground and approximately 3,993 sq. ft. of § 404 wetland fill (0.09 acres) for the construction of the single-family residence, associated driveway/parking area with landscape retaining walls and bulkheads. All proposed upland development would be located landward of the Coastal Shoreline 30' Buffer. According to the application package, approximately 3,946 sq. ft. (10.4%) of impervious surface would cover the property, which is entirely within the 575' AEC. The proposed access pier would shade approximately 480 sq_ ft_ of coastal wetlands and § 404 wetlands and would incorporate approximately 2,405 sq. ft. of Public Trust Area and Estuarine Waters. The proposed docking structure would extend approximately 240 ft. into a waterbody whose width is approximately 1,440 ft. across, the proposed structures would not extend beyond'/4 of the width of the waterbody. As proposed, the applicant's proposal would not encroach into the 80' federal setback requirement from the AIWW channel. Based on the provided riparian survey, the Anthony Dombroslti c/o ATD Construction Page 4 proposed structures would not encroach into either adjacent 15-foot Riparian Corridor Setback Area. The proposed structures would allow kayak access only in water depths of approximately -0.5' to -1.0' at NLW. Minor increases in turbidity should be expected during construction; however, no long term impacts are anticipated. Submitted by: Tara MacPherson Date: 11/3/20 Office: Wilmington �A D ATD CONSTRUCTION COMPANY, INC. Building Contractor Phone 910-620-3263 September 18, 2020 Re: 1632 Sound Watch Dr. Wilmington NC, 28409 Project Narrative: To whom it may concern: Established 1971 2900 Middle Sound Loop Road Wilmington, N.C. 28411 Unlimited. License 14509 RECEIVED SEP 21 2020 DCM WILMINGTON, NC On the above referenced lot, we propose to use the 4,000 sqft of existing uplands in conjunction with 3.996 sqft of 404 Wetlands to create approximately 8,000 sqft of upland area. Our intention is to construct a three-story single-family residence on the lot. The building footprint for the house will be 2200 square feet with 642 Square feet for the c4 covered decks and 308 Sqft of porch. G�- To create a defining line between the lowlands and uplands we are going to instaltsmall landscaping wood retaining wall with a max height of 3'-0". This wall will surround the 8,000 square feet of uplands area and 509 square feet of driveway located in the driveway easement. We also propose to construct a private dock extending from the house to the pier line as shown in the attached drawings. The dock will have a stationary area and a lower dock area for loading and unloading of kayaks and paddle boards. The dock will be constructed in the above referenced lots riparian corridor using the convergent point provided by Sherwin D. Cribb PLS per NAD 83 with coordinates N 134949, E 2341200. Please contact Tara MacPherson with the North Carolina Department of Environmental and Natural Resources with any concerns or questions. Her contact information is the following: Tara MacPherson, Field Representative 127 Cardinal Drive Ext. Wilmington, NC 28405-3845 Email robb.mairs ncdenr, ov Phone 910-796-7266 Fax 910-395-3964 Sincerely, .� 77. aomzlw44; 4dcl Rudy Dombroski ATD Construction RECEIVED SEP 2-1 2020 DCM WILMINGTON, NC QeM IMP-1 APPLICATION for Mayor Development Permit (last revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant) Landowner Information Business Name ATD Constuction Project Name (it applicable) 1632 Sound Watch Applicant 1: First Name Anthony MI T. Last Name Dombroski Ill I Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address 2900 Middle Sound Loop Road PO Box City Wilmington State NIC ZIP 28411 Country New Hanover Phone No. 910 - 620 - 3263 ext. FFAX No. - 338 - 3232 Street Address (if different from above) City State ZIP Email rudy@atdbuilding.com 2. AgentlContractor Information Business Name Atd Construction Agent/ Contractor 1: First Name MI Last Name Anthony T Dombroski III Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State 2900 Middle Sound Loop Road Wilmington NC ZIP Phone No. 1 Phone No. 2 28411 F 910 - 620 - 3263 ext. ext. FAX No. Contractor # 910 338 3232 NC LICLNSE 14509 Street Address (if different from above) City State ZIP Email RECEIVED rudy@atdbuilding.com Form continues on backs SEP 2-1 2020 DCM WILMINGTON, NC 252-808-2808 .. 1-888-4RCQAST : www.ncceastallmanagernent.net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # New Hanover 1632 Sound Watch Drive Subdivision Name City State Zip Intracoastal Watch Masonboro Township NC 28409 - Phone No. Lot No.(s) (if many, attach additional page with list) 910 - 620 - 3263 ext. Lot 8, 1 1 , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Cape Fear Myrtle Grove Sound 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 Myrtle Grove Sound 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. 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.tt.) 148.67' 41,642 sgft c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal waterlevel) (if many lot sizes, please attach additional page with a list) 6'-0" ®NHW or ❑NWL e_ Vegetation on tract Wild Grass, 404 Wetlands, Coastal Wetlands, and Live Oaks f. Man-made features and uses now on tract None g. Identify and describe the existing land uses admiacent to the proposed project site. Single Family Residences h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? R-15 (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 ❑Yes ®lVED National Register listed or eligible property? SEP 21 2020 Form continues on next page> DCM WILMINGTON, NC 262-308-2808 .. 1-888-4RGOAST . www.necoastaImanagement.net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ®Yes ❑No 0i) 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) n. Describe existing wastewater treatment facilities. City Water and Sewer o. Describe existing drinking water supply source. City Water p. Describe existing storm water management or treatment systems. Natural water flow off of the lot 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑PubliclGovernment E Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Single Family Residence with a Dock for Boating 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. Wood construction single family residence built in accordance with all VE zone requirements d. List all development activities you propose. Construction of a single family residence with a small retaining wall dividing the wetlands from the uplands. We plan to install a small landscaping retaining wall around the area designated as uplands and the 404 wetlands that are approved. Fill will be brought in behind the retaining wall. Fill will be used to fill in only area within landscaping retaining wall and is being brought in to establish a building pad with proper drainage. Proposing private pier and kayak access. o. Are the proposed activities maintenance of an existing project, new work, or both? f. What is the approximate total disturbed land area resulting from the proposed project? Existing uplands= 4000 Sqft. Wetlands = 3,993 Sqft g. Will the proposed project encroach on any public easement, public accessway or other area that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. None i. Will wastewater or stormwater be discharged into a wetland? If yes, will this discharged water be of the same salinity as the receiving water? j. Is there any mitigation proposed? If yes, attach a mitigation proposal. <Form continues on backs New Work ESq.Ft or ❑Acres ❑Yes ENo ❑Yes ®No ❑NA ®Yes ❑No ❑NA ❑Yes ENo RNA RECEIVED SEP 2 1 20Z0 DCM 252-808-2808 .. 1-888-4RCOASi „ www.nccoastatmanagement.net . Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 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) — (0 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 Edward & Constance Carter Phone No. 440-785-8397 Address 1636 Soundwatch Drive, Wilmington NC, 28409 Name Andrew & Kimberly Simpson Phone No. Address 6325 Myrtle Grove Road, Wilmington NC, 28409 Name Intracoastal Watch HOA, Inc Phone No. 910-512-7488 Address 2013 Olde Regen Way, Suite 150, PMB 196, Leland, NC 28451 g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. State Permit 117-02 (Grey) 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 _0911112020 Print Name _Anthony T. Dombroski III Signature Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ®DCM MP-5 Bridges and Culverts RECEIVED MDCM MP-3 Upland Development ®DCM MP-4 Structures Information SEA 2 'Y 2020 DCM WILMINGTON, NC 252-808-2808 ;; 4-888-4RCOAST :: www.nccoastaimanagement.net Form DCM MP-2 EXC"AT[ON and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater, shoreline NWL) stabilization Length Width Avg. Existing NA NA Wetlands Depth Only Y Final Project Depth NA NA 9. EXCAVATION ®This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. None None C. (i) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shelf 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: None d. High -ground excavation in cubic yards. None 2. DISPOSAL OF EXCAVATED MATERIAL M This section not applicable a. Location of disposal area. b. Dimensions of disposal area. None None C. (i) Do you claim title to disposal area? [-]Yes ❑No ®NA (ii) If no, attach a letter granting permission from the owner. e. (i) Does the disposal area include any 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 disposal in these areas: None d. (i) Will a disposal area be available for future maintenance? [--]Yes ❑No ®NA (ii) If yes, where? f. (i) Does the disposal include any area in the water? ❑Yes ❑No ®NA (ii) If yes, how much water area is affected? RECEIVED SEP 2 1 2020 DCM WILMINGTON, NC 252-808-2808 :: 1-888-4RCQAST :: www.necoastaimanagement.net revised: 12/26/06 Form DCM MP-2 (Excavation and Fill, Page 2 of 3) 3. SHORELINE STABILIZATION (If development is a wood groin, use MP-4 — Structures) a. Type of shoreline stabilization: ®Bulkhead ❑Riprap ❑Breakwater/Si[I ❑Other: c. Average distance waterward of NHW or NWL: 0'-0" New Retaining wall would be located above normal high water landward of coastal wetlands. e. Type of stabilization material: Wood Retaining Wall g. Number of square feet of fill to be placed below water level. Bulkhead backfill 0 Riprap 0 Breakwater/Sit[ 0 Other 0 i. Source of fill material. Upland Fill ❑This section not applicable b. Length: 432' Width: 0'-8" d. Maximum distance waterward of NHW or NWL: 0'-0" f. (i) Has there been shoreline erosion during preceding 12 months? ❑Yes ®No RNA (1i) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. Clean Sand 4. OTHER FILL ACTIVITIES El This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ®Yes [-]No Cl NA b. lil Will fill material be nlarari in nnncfal waHanriclmnreh tf`%A11 If yes, submerged aquatic vegetation (SAV), shell bottom (SB), or (ii} Amount of material to be placed in the water other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. (iii) Dimensions of fill area 4000 Sqft. Approximate upland 96-0" x 42'-0" ❑CW ❑SAV ❑SB (iv) Purpose of fill ®WL 3993 ❑None To create a building pad and a separation between the uplands and the wetlands. None of retaining wall will be (ii) Describe the purpose of the fill in these areas: near the water line and will not exceed 2'-4" in height. This The retaining wail will only surround the upland areas and retaining wall will be only for surrounding the existing and create a separation between the uplands and the wetlands. new uplands. It will not be used for water retainage or separation from the waterline. It is an attempt to establish a building pad and preserve the wetlands and not allow the yard to expand into the wetlands. Wetlands area will be two areas in the building pad. Inside the building pad 11 o'-0"x20'-0" and 40'-o"x18'-o". 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? A silt fence will be installed around all affected areas. c. (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. b. What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? Small Tractors d. 0) Will wetlands be crossed in transporting equipment to project site? ❑Yes ®No ❑NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. RECEIVED 09/11/20 1632 Sound Watch Date Project Name DCM WILMINGTON, NC 252-808-2808 :: 1-888-4RCOAST :: www,nccoastatmanagement.not revised: 12/26/06 F07m DCM MP-2 (Excavation and fill, Page 3 of 3) RECEIVED SEP t 12020 DCM WILMINGTON, NC 252-808-2808 :: 4-88"RCQAST :: www.nccoasia1mmna9ement_ne4 revised: 12f26/06 Form DCM MP-3 UPLAND DEVELOP&:S".711T (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. GENERAL UPLAND DEVELOPMENT a. Type and number of buildings, facilities, units or structures proposed. One Single Family Residence 44'-0"x 50'-0" / Front Porch 8'-0" x 44'-0" /Back Porch 44'-0" x 1 T-0" with 10'-0" x 29'-T Covered c. Density (give the number of residential units and the units per acre). 1 Residence 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 (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. 10.4% Impervious 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. 10.4% Impervious j. Describe proposed method of sewage disposal. City Water and Sewer (CFPUA) 1. 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). NIA b. Number of lots or parcels. One Lot d. Size of area to be graded, filled, or disturbed including roads, ditches, etc. 4000 Sqft. f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for impervious surfaces. Concrete Drive Way and Slab Beneath the House only h. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. (1) Has a site development plan been submitted to the Division of Water Quality for review? ®Yes ❑No ❑NA (ii) If yes, list the date submitted: _SW8# 960623 Intracoastal Watch Subdivision k. Have the facilities described in Item (i) 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. RECEIVED 5EP 21 2020 DCM WILMINGTON, NC 252-808-28082 :: 1.888-4111COAST ;: www.nccoastalmanagement, net revised: 12/26/06 Form 0CM MP-3 (Upland Development, Page 2 of 2) m. Describe proposed drinking water supply source (e.g., well, community, public system, etc.) CFPUA Water o. When was the lot(s) platted and recorded? 09/11/2020 Date 1632 Sound Watch Drive Project Name Anthony T. Dombroski III Applicant Name Applicant Si ature n. (i) Will water be impounded? ❑Yes ®No ❑NA (ii) if yes, how many acres? p. If proposed development is a subdivision, will additional utilities be installed for this upland development? ❑Yes []No ®NA RECEIVED S E P 9,1 2029 DCM WILMINGTON, NC 252-808-2808 :: 1-886.4RCOAST :: www.necoastalmonagement.net revised: 12/26/06 Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: ❑Commercial ❑Public/Government ®Private/Community c. (i) Dock(s) and/or pier(s) (i) Number 1 (iii) Length 272'-0" Distance From Property line at Water 443'-0" From House (iv) Width 6'-01, (v) Floating ❑Yes ENo e. (i) Are Platforms ®Yes ❑No included?If yes: (ii) Number 1 2 (iii) Length 23' 30.5' (iv) Width 20' 17' (v) Floating ❑Yes ENo Note: Roofed areas are calculated from drrpline dimensions. g. (i) Number of slips proposed 0 (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: NIA M. (i) Will the facility have tie pilings? ❑Yes ENo (ii) If yes number of tie pilings? El This section not applicable b. (i) Will the facility be open to the general public? ❑Yes ENo d. (I) Are Finger Piers included? ❑Yes ENo If yes: (ii) Number (iii) Length (iv) Width (v) Floating ❑Yes ❑No f. (i) Are Boatlifts included? ❑Yes ®No If yes: (ii) Number (iii) Length (iv) Width 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: Kayak launchlsteodown 1. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). Kayaks/Canoes I. (i) Will the facility be open to the gene rl�Wdly�rWiIVED ❑Yes ®No SEP 2 Z 2020 DCM WILMINGTON, NC 252-808-2808 :. 1-888-4RCOAST :: www.nccoastalrttanagemen#.net revised: 12127106 Foram DCM MP-4 (Structures, Page 2 of 4) 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: Location: ❑ Showers ❑ Boathoiding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. None c. Describe the disposal of solid waste, fish offal and trash - None 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 SEP 2, 12020 DCM WILMINGTON, NC 252-808-2808 :: 1-888-4RCOAST :: www,nccoastalmana_gement net revised: 12/27/06 Form DCM MP-4 (Structures, Page 3 of 4) n. Is the marinaldocking facility proposed within or adjacent to any shellfish harvesting area? []Yes ®No o. is zne mannaroocKing tacility proposed within or adjacent to coastal wetlandstmarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (1NL)? 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. 3, BOATHOUSE (including covered lifts) ®This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑Public(Government ❑Private/Community (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 NNW, 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. b. Number d. Description of buoy (color, inscription, size, anchor, etc.) RECOVED sEP 912020 DCM WIILMINGTON, NC 252-808-2808 :: 1-888-4RCOAST :: www.ncconstaimanagement.net revised: 12,27/06 Form DCM MP-4 (Structures, Page 4 of 4) a. Proximity of structure(s) to adjacent riparian property fines b. Proximity of structure(s) to adjacent docking facilities. 15'-0" to South Riparian 139'-0" to the North Riparian 42'-D" To Southern Dock 40'3" To Northern Doc !vote: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body 1440' 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. S. OTHER d. Water depth at waterward end of structure at NLW or NWL 0.5 to 0.9 Feet at Normal Low Water ❑This section not applicable a. Give complete description: The pier to the property line located on the water side of the lot will be approximately 171'-0" from the house depending on the final house location. From that point the pier will be 271'-07" to the end of the dock. The dock will be a 23'-0"x20'-0" covered dock with an 18'-5" long triangle dock that starts at 17'-0" and reduces down to 8'-0". There will also be a 12'-0" long triangle dock that starts at 8'-0" wide and reduces to 1'-3" at the end of the dock. This smaller triangle dock will be lowered to allow loading and unloading of canoes and kayaks. 09/11 /20 Date 1632 Sound Watch Project Name Anthony T. Dombroski III Applicant Name Applicant SigWature RECEIVED sEP 9.1 2020 DCM WILMiNGTON, NC 252.808-2808 :: 1-888-4RCQAST :: www.nccoastalmana ement.net revised: 12/27/06 Form YBXAIS BRIDGES and CULVERTS Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. BRIDGES El This section not applicable a. Is the proposed bridge: b. Water body to be crossed by bridge: ❑Commercial ❑Public/Government ®Private/Community c. Type of bridge (construction material): 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) g• Length of proposed bridge: i. Will the proposed bridge affect existing water flow? ❑Yes ❑No If yes, explain: k. Navigation clearance underneath proposed bridge: d. Water depth at the proposed crossing at NLW or NWL: 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) h• Width of proposed bridge: j. Will the proposed bridge affect navigation by reducing or increasing the existing navigable opening? ❑Yes ❑No If yes, explain: 1. Have you contacted the U.S. Coast Guard concerning their approval? ❑Yes ®I No yes, explain: m. Will the proposed bridge cross wetlands containing no navigable n. Height of proposed bridge above wetlands: waters? ❑Yes ❑No yes, explain: 2. CULVERTS El This section not applicable a. Number of culverts proposed: 2 b. Water body in which the culvert is to be placed: NIA RECEIVED SEA 2 1 2070 DCM WILMIN-rmokt N. 252-808-2808 1-888-4RCOAST :: www.necoastaimanagement.net revised: 10126/06 ' Form DCM MP-5 (Bridges and Culverts, Page 2 of 4) 6 Form continues on back> c. Type of culvert (construction material): (2) 12" Reinforced Concrete Pipes. 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: 14'-0" h. Height of the top of the proposed culvert above the NHW or NWL 4.8' Above NHW j. Will the proposed culvert affect navigation by reducing or increasing the existing navigable opening? ❑Yes ®No If yes, explain: 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) 9• Width of proposed culvert: 1'-0" 1. Depth of culvert to be buried below existing bottom contour. 0'-11, k. Will the proposed culvert affoct existing water flow? ❑Yes ®No If yes, explain: 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 (5B), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑5AV ❑SB ❑WL ❑None (R) Describe the purpose of the excavation in these areas: RECEIVED SEP 2..1 2020 252-808-2808 :: 1-888-4RCOA5T :: www.nccoastaimananement.net DCM WILMINGTON, NC revised: 10/26/06 I Form DCM MP-5 (Bridges and Culverts, Page 3 of 4) d. If the placement of the bridge or culvert involves any excavation, please complete the following: (i) Location of the spoil disposal area: (ii) Dimensions of the spoil disposal area: (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 wetlandsimarsh (CW), submerged aquatic vegetation (SAVs), other wetlands (WL), or shell bottom (SB)? ❑CW ❑SAV OWL ❑SB Done 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. e. (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 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: f. (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 wetlandslmarsh (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: a. Will the proposed project require the relocation of any existing b. Will the proposed project require the construction of any temporary utility 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, RECEIVED < Form continues on back> SEP 112020 DCM WILMINGTON, NC 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanaaement.net revised; 10/26/06 Forth DCM MP-5 (Bridges and Culverts, Page 4 of 4) C. Will the proposed project require any work channels? d []Yes ®No lfyes, complete Form DCM-MP-2. e. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Backhoe How will excavated or fill material be kept on site and erosion controlled? Silt fences will be placed around the perimeter and work will be completed behind the landscaping wall is complete. f. Will wetlands be crossed in transporting equipment to project site? []Yes ®No If yes, explain steps that will be taken to avoid or minimize environmental impacts. g. Will the placement of the proposed bridge or culvert require any shoreline stabilization? ® No ❑Yes If yes, complete form MP-2, Section 3 for Shoreline Stabilization only. 09/1112020 Date 1632 Soundwatch Drive, Wilmington, NC Project Name Anthony T. Dombroski III Applicant Name .4 / Applicant Sign re RECEIVED SEP 2 Y 2020 DCM WILMINGTON, NC 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 10126106 ROY COOPER Governor NUCHAEL S. REGAN Secretary BRAXTON C. DAVIS Director ADT Construction C/o Rudy Dombrowski III 2900 Middle Sound Loop Wilmington, NC 28411 Dear Mr. Dombrowski: NORTH CAROLINA Environmental Qu&W November 3, 2020 The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for State approval for development of the subject property located at 1632 Sound Watch Drive adjacent to Myrtle Grove Sound and the AIWW, in Wilmington, New Hanover County. It was received as complete on October 28, 2020 and appears to be adequate for processing at this time. The projected deadline for making a decision is January 11, 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 October 29, 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 fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. 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 andlor comments from reviewing agencies, Sincerely, Tara MacPherson District Manager cc: WiRO Robb Mairs, DWR Curt Weychert, DCM Linda Painter, LPO USAGE North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office f 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796,7215 V 4-4 r ii(ol 4 No 1 000 1 A CAMA PERMIT APPLIED FOR Applicant proposes to construct a single family ' ' wl s oc a a oun wa c r. o 5apacenflo Everett Creek, Wilmington, New Hanover County. APPLICANT. ATD Construction c/o Anthony ©ornbroski iil 2900 Middle Sound Loop Raw Wilmington, PVC 29444_ _..__ (910) 620-3263 FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: NC Div. of Coustal Management r� 127 Cardinal Dr. 1 p¢ 4 NORTH CAROLINA Ftivironntetttal Qualm November 10, 2020 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Minor Public Notice: • Anthony Dombroski III 1 New Hanover County ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director, Division ofCaastaiManagement Hello Angie: Please publish the attached Notice in the Friday, November 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, Wihnington, 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 Wilmington office. cc: MHC file Curt Weyehert - WiRO USACE If you should have any questions, please contact me at our f la Support & Customer Assistance State of North Carolina � Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 NOTICE OF FILING OF APPLICATION FOR CAMA MINOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A- 119(b) that the following application was submitted for a development permit in an Area of Environmental Concern as designated under the CAMA: On November 3, 2020, Anthony Dombroski III proposed to construct a single family residence with bulkheads, retaining walls, a private pier w/ kayak dock and associated 404 wetland fill at 1632 Soundwatch Drive (Lot 8), adjacent to Everett Creek, Wilmington in New Hanover County. A copy of the application can be examined or copied at the office of Tara MacPherson, N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796-7266) during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to December 4, 2020 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. 10/21/2020 USPS.com@) - USPS Tracking@ Results USPS Tracking® Track Another Package + Tracking Number: 70192280000139504061 FAQs Remove X Your item was delivered to an individual at the address at 11:01 am on September 23, 2020 in WILMINGTON, NC 28409. G Delivered 71 September 23, 2020 at 11:01 am CL Delivered, Left with Individual WILMINGTON, NC 28409 Get Updates u Text & Email Updates u Tracking History September 23, 2020, 11:01 am Delivered, Left with Individual WILMINGTON, NC 28409 Your item was delivered to an individual at the address at 11:01 am on September 23, 2020 in WILMINGTON, NC 28409. September 22, 2020, 6:26 pm Arrived at USPS Regional Facility FAYETTEVILLE NC DISTRIBUTION CENTER ANNEX RECEIVED OCT 2120 https:lltools.usps.conUgolTrackConffmAction?qtc_tt_abeisl=70192280000139504061 ACM VAL.1111111i M Nl'Cit2 USPS.com® - USPS Tracking® Results USPS Tracking° Track Another Package + Tracking Number: 70192280000139504054 Your item has been delivered to an agent for final delivery in WILMINGTON, NC 28409 on September 23, 2020 at 3:03 pm. G Delivered to Agent September 23, 2020 at 3:03 pm Delivered to Agent for Final Delivery WILMINGTON, NC 28409 Get Updates v Text & Email Updates Tracking History FAQs ) Remove X v n September 23, 2020, 3:03 pm Delivered to Agent for Final Delivery WILMINGTON, NC 28409 Your item has been delivered to an agent for final delivery in WILMINGTON, NC 28409 on September 23, 2020 at 3:03 pm. September 23, 2020 In Transit to Next Facility September 22, 2020, 6:26 pm Departed USPS Regional Facility hUps-Ittools.usps. comlgo/TrackCanfiirmAction?qtc_tLabels 1=70192280000139504054 RECEIVED OCT 21 2D2D DCM WILMINGTom, NC iYA Ln Q to wa # x. 04 3R a Extra SeMces & F66s (check box add Ratum R$c t Q i Raium RecW(pladmiq Po�tmai*,. 0 Cw lffed Mail RestftW.Dellvery $ _ n ,Here []Adult Si n t m RequkW .._ .Owe Adult SlgiaWra ReWcted.Delwry $ Postage 3, 3 F 0 � Total P a �rrd r� E RECEIVED OCT 21 2020 DCM WILMINGTON, NC Postmark Hems 09/21/1,020 M 1-1 . 7 to w C%4 C) 6J > why / \wit 04 )le }g) V3-i--4— L-CD E- RECEIVE[) DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR INTRACOASTAL WATCH THIS DECLW TION OF COVENANTS, CONDITIONS AND RESTRICTIONS " is made thisl ay of June, 1996 by DACLAR, INC., a North Carolina Corporation, hereinafter referred to as *Declarant'. W I T N E S S E T H; OW THAT, WHEREAS, Declarant is the owner of certain property in New Hanover County, North Carolina, which is more particularly described on that map recorded in Map Book 3 6 at Page " in the office of the Register of Deeds of New Hanover County, North Carolina, which is incorporated herein by reference. declarant proposes to create thereon an exclusive residential community of single-family residences to be named INTRACOASTAL WATCH; and WHEREAS, Declarant desires to insure the attractiveness of t- Intracoastal Watch and to prevent any future impairment thereof; to prevent nuisances; to preserve, protect and enhance the values and amenities of all properties within Intracoastal Watch; and to provide for the maintenance and upkeep of all common areas in Intracoastal Watch- To this end the Declarant desires to subject 5 the property described herein, together with such additions as may hereafter be made thereto, to the covenants, conditions, �. restrictions, easements, charges and liens hereinafter set forth, • each and all of which is and are for the benefit of the Declarant, the said property and each owner of property in Intracoastal Watch; and WHEREAS, Declarant further desires to create an organization to which will be delegated and assigned the powers of owning, maintaining and administering the common areas in Intracoastal Watch, administering and enforcing the covenants and restrictions contained herein, and collecting and disbursing the assessments and charges hereinafter created in order efficiently to preserve, protect and enhance the values and amenities in Intracoastal Watch, to insure the residents, enjoyment of the specific rights, privileges and easements in the aemmon area, and to provide for IY- the vaintenance and upkeep of the common areas; and..". � JP WHEREAS, to that end the Declarant has or will cause to be incorporated under North Carolina law INTRACOASTAL WATCH HOHLOWHER'S ASSOCIATION, INC., as a nonprofit corporation for the purpose of exercising and performing the aforesaid functions_ NOW, 'THEREFORE, Declarant, by this Declaration of Covenants, , Conditions and Restrictions, does declare that all of the property described herein, and such additions thereto as may be hereafter made pursuant to Artiole II hereof, is and shall be held, transferred, sold, conveyed, and occupied subject to the covenants, conditions, restrictions, assessments, charges and liens set forth in this Declaration which shall run with the real property and be binding on all parties owning any right, title or interest in said real property or any part thereof, their heirs, personal representatives, successors and assigns, and shall inure to the benefit of each owner thereof_ ARTICLE I DEFINITIONS Sec,&ian 1. "Association" shall mean and refer to INTRACOASTAL WATCH HOMEOWNERS, ASSOCIATION, INC., a North Carolina nonprofit corporation, its successors and assigns - Section 2. "Common Area" shall mean and refer to all of the streets, roads, parks, lakes and access areas and other common 2044 0781 area owned by the Association for the Common use and enjoyment of the lot owners. The Common Area to be owned by the Association is labeled as Such on the maps of Intracoastal watch. S!F!ction a. -Declarant" or "Developer" shall mean and refer to DACLhR, Inc., its successors and assigns and also shall mean and refer to any person, firm or corporation which shall also he designated as a "Declarant" by DACLAR Inc. E29112RA- "Development" shall mean and refer to Intracoastal Watch, a single-family residential development fi proposed to be developed on the Properties by the Declarant. section S. "Lot* shall mean and refer to any plot of land, with delineated boundary lines appearing on the maps exception of the common Area. , with the &Vgtlgn S. "Maps" shall mean and refer to the map of the Existing Property as recorded in Book I 1�6 at Paget -7in the office of the Register of Deeds of New Hanover county, North Carolina, and the maps of any additions to the Existing Property which may be recorded by Declarant in the said Registry in the future. Section 7. "Member" shall mean and refer to every person or entity who holds membership in the Association. kD-retiOn 8. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot including the Declarant if it owns any Lots, but excluding those having such interest merely as security for the performance of an obligation. Bection 2. "Properties" shall mean and refer to the "Existing ProPertyl described in Article 11, Section I hereof, and such additions thereto as may hereafter be made subject to this Declaration and brought Within the Jurisdiction of the Association. ARTICLE IS PROPERTY SUBJECT TO THIS DECLARATION AND WITHIN THE JURISDICTION OF INTRACOASTAL WATCH Section 1. Existing Property. The real property which is and shall be held, transferred, gold, conveyed and occupied subject to this Declaration, and within the jurisdiction of the of Association is located in New Hanover county, North Carolina, and is more particularly described on that Map of Intracoastal Watch including lots I through as well as all COMMOU area, roads and easements. Section 2. Additions to Existing Property. A. (a) Additional land which is contiguous to the Existing Property or any land previously added to the Existing Property may be brought within the property covered by this Declaration and the jurisdiction of the Association by Declarant, in future stages of development, without the consent of the Association or its Members, provided that such annexations occur within 20 years after the date of the filing of this instrument, and up to ton additional 10 year periods by the filing of an Extension in the New Hanover County Registry. (b) The additions authorized under subsection (a) shall be made by filing Supplementary Declarations of Covenants, Conditions and Restrictions and Supplementary Maps with respect to the additional properties in the New Hanover County Register of Deeds office, which supplemental filings shall extend the coverage of this Declaration and the jurisdiction of the 2 K 204'i 0782 Association to such properties and thereby subject such additions to the benefits, agreements, restrictions and Obligations set forth herein, including, but not Limited to, assessments as herein determined. The Declarant's right to file supplementary declarations and supplementary maps is at the Dealarant's sole discretion and does not require or allow approval or other input by the Lot owners or the Association. ARTICLE III PROPERTY RIGHTS EA91LOCL-1- ownership of the Common Area. After the completion of all improvements to the Common Area, Declarant shall convey the Common Area to the Association. Notwithstanding the recordation of any Map or any other action by Declarant or the Association, all Common Area (including the Common Area streets and roads) shall remain private property and shall not be considered as dedicated to the use and enjoyment of the public. Section Z. Owner's Rights to Use and Enjoy Common Areas. Each Owner is hereby given the right to use and enjoy the Common Area, which right shall be appurtenant to and shall pass with the title to the Lot, subject to the following: (a) the right of the Association to promulgate and enforce reasonable regulations governing the use of the Common Area to insure the safety and rights of all Owners; (b) the right of the Association to suspend the voting rights in the Association and right to use the Common Areas by an Owner for any period during which any assessment against his Lot remains unpaid; and For a period not to exceed sixty days for any infraction of its published rules and regulations; and (c) the right of the Declarant or the Association to grant utility, drainage and other easements of the type and for the purposes set forth in Article VIll across the Common Areas. Section 3. Owner's Easements for Ingress and Egress. Every Lot is hereby granted a perpetual, non-exclusive right to use any roadway which may be constructed by the Declarant and conveyed to the Association as part of the Common Area for the purpose of providing access to and from each Lot. Section 4. Delegation of Use. Any owner nay delegate, in accordance with the Bylaws of the Association, his right of enjoyment to the common Area to the members of his family, his guests, his tenants, or contract purchasers who reside on his Lot. Children under twelve (12) using the swimming pool with an owner's permission shall be accompanied by an adult. ARTICLE IV MEMBERSHIP, VOTING RIGHTS AND CONTROL OF THE ASSOCIATION Section 7. Membership. Every Owner of a Lot shall be a Member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot. SecAiOn 2. Classes of Lots. The voting rights of the Membership shall be appurtenant to the ownership of Lots. There shall be two classes of hots with respect to voting rights: (a) Class A hots. Class A Lots shall be all Lots except Class B Lots as defined below. ownership of each Class A Lot shall entitle the Owner s) of said Lot to one (2) vote_ when more- than one pQrson owns an interast (other than a leasehold or security interest) in any Lot, all such persons shall be Members 3 BOOK PAGE � 2 94 4 0783 st and the voting rights appurtenant to said Lot shall be exercised as they, among themselves, determine, but in no event shall more than one (1) vote be cast with respect to any Class A Lot. (b) Class B hots. Class B Lots shall be all Lots owned by Declarant. The Declarant shall be entitled to three (3) votes for each Class B Lot owned by it. a Section a. Amendment. Notwithstanding the provisions of Section 2 above, and Article xill so long as Declarant owns any Lot, this Declaration and the Bylaws of the Association may not w be amended without .its written consent. Section A. The Association shall be governed by a Board of Directors in accordance with the Bylaws. Notwithstanding the provisions of Section 2 above, the Declarant shall have the right to appoint or remove any member or members of the Hoard of Directors or any officer or officers of the Association until 1 such time as the first of the following events occurs: (1) Declarant no longer owns any Lot, or (2) Declarant surrenders the authority to appoint and remove members of the Board of Directors and officers of the ,{ Association by an express amendment to this Declaration executed and recorded by the Declarant. ARTICLE V COVENANT FOR MAINTENANCE ASSESSMENTS Section 1. Creation of the Lien and personal Obligation for Assessments. Each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association annual assessments or charges and special assessments for capital improvements established and collected as hereinafter provided_ Any such assessment or charge, together with interest costs, and reasonable attorneys• fees, shall be a charge and a continuing lien upon the hot against which each such assessment or charge is made_ Each such assessment or charge, together with interest, costs and reasonable attorneys' fees, shall also be the personal obligation of the owner of such Lot at the time the assessment fell due. The personal obligation for delinquent assessments or charges shall not pass to an owner's successors in title unless expressly assumed by then. All dues shall be assessed, billed and collected on a quarterly basis. Each Lot Owner is responsible for providing to the Association his current mailing address for receipt of bills from the Association for dues. All dues shall be paid notwithstanding the fact that the owner is not using the lot or facilities of Intracoastal watch. The initial payment of assessments shall be made at closing of the initial purchase and will be for the quarter during which the closing takes place, with the quarterly assessment being prorated as of the date of closing. All lots in Intracoastal Watch, as it may be expanded from time to time, will pay assessments to the Association. The assessments collected by the Association shall be for maintenance, upkeep, repair and other work done on the Common Area_ The assessments charged by the Association shall be uniform on all lots in Intracoastal Watch. All assessments shall be based upon the estimated cost of maintenance of the common area, plus reserves for rebuilding. The initial maximum annual assessments are set out hereinafter. Section Z. Purpose of Common Area Annual Assessments. The annual assessments levied by the Association shall include, but not be limited to, the uses as follows: (a) to maintain all roads constructed within the Common Area 4 y 2044 0784 t; to the standard of maintenance which would be required by the State of North Carolina before it would accept such roads for maintenance; provided that this provision does not require that • the width of the road rights -of -way be the width required as set a i forth before such roads would be accepted by the State of North Carolina for maintenance; ` (b) to maintain all access easements in the Common Area in an easily passable condition, free from fallen trees, Q` undergrowth, and other obstructions; and to keep all dead, diseased or decaying trees, shrubs and bushes removed from such j, areas and to replace such items with new trees, shrubs and t bushes; (C) to maintain all drainage easements in the Common Area to prevent flooding; 3 (d) to keep the Common Area and the drainage and access easements free of pollution and natural debris; (e) to keep all amenities free of debris and to maintain all amenities in an orderly condition, and to maintain the landscaping therein in accordance with the highest standards for F' private residential communities includingan necessary Y removal n and replacement of landscaping; (f) to provide such security services as may be deemed reasonably necessary for the protection of the Common Area from theft, vandalism, fire and damage from animals; (g) to provide garbage removal services for all lots; Declarant reserves the right to enter contracts for the removal of trash for all lots in Intracoastal Watch, which contracts can ' call for payments for such service either directly by the Lot Owner, or by the Association; any such contract shall have a maximum duration of three years, and upon termination, the Association shall then have the right to enter such contracts; (h) to pay all ad valorem taxes levied against the Common Area and any property owned by the Association; (i) to pay the premiums on all hazard and public liability insurance carried by the Association on the Common Area. (j) to pay all legal, accounting and other professional fees incurred by the said Association in carrying out its duties as set forth herein or in the Bylaws; and (k) to accumulate and subsequently maintain a contingency reserve equal to 10% of the amounts described in subsection (a) through (j) above in order to fund unanticipated e Association. p expenses of said _ r u Section 3. MaXimum Annual Assessment. The initial maximum annual.assessment, which shall be payable quarterly commencing on October 1, 1996, shall be as follows: All lots in Intracoastal Watch, as it may be expanded from ? time to time shall have an initial annual assessment of $480.00- The entire $480.00 assessment is payable to and for the Association. } Until January 1 of the calendar year following the conveyance of the first Lot by the Declarant to another owner the maximum annual assessment shall be $720.00. (a) The maximum annual assessments established above may be increased, effective January 1 of each calendar year following the conveyance of the first Lot by the Declarant to another owner, without a vote of the membership, provided that the 5 BOOB PAGE' 2044 O7B5 percentage of any such increase not exceed the percentage increase, if any, in the Consumer Price Index far urban Wage Earners and clerical Workers, all cities, all items, published by the united States Department of Labor, over the 22 month period ending on the October 31 immediately preceding that January 1. If the annual assessment is not increased by the maximum amount permitted under the terms of this provision, the difference between any actual increase which is made and the maximum Increase permitted for that year shall be computed and the assessment may be increased by that amount in a future year at the election of all members of the Board of Directors without a vote of the membership, in addition to the maximum increase permitted under the terms of the preceding sentence. (b) From and after January l of the year immediately following the conveyance of the first Lot to an owner, said maximum annual assessments may be increased without limitation if such increase is approved by members entitled to no less than two-thirds (2/3) of all of the votes. such voting may be represented in person or by proxy at a meeting duly called for this purpose. (c) The Board of Directors may fix the annual assessments at amounts not in excess of the uaximum. Section -A. Special Assessments for Capital Improvements. In addition to the annual assess-oants authorized above, the Association may levy in any year a special assessment applicable to that year only for the purpose of defraying, in whole or in Part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon any Common Area, including fixtures and personal property related thereto, and the common roadways serving the Development provided that any such assessment requires the same assent of the Members as provided in Section 3(b) of this Article. Section 5. Notice and Quorum for Action Authorized Under Sections 3 and 4. Written notice of any meeting called for the purpose of taking any action authorized under Sections 3 or 4 shall be sent to all Members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting. At such meeting the presence of Members or of proxies entitled to cast seventy-five percent (7S%) of all the votes of each Class of membership shall constitute a quorum. If the required quorum is not present, subsequent meetings may be called, subject to the same notice requirement, until the required quorum is present. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. Section 6. Date of Commencement of Annual Assessments Due Dates. The annual assessments provided for herein shall commence as to each Lot upon its conveyance to the first purchaser thereof_ The first annual assessment shall be adjusted according to the number of months remaining in the calendar ysar. The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period_ Written notice of the annual assessment shall be sent to every owner. The due dates shall be established by the Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. A properly executed certificate of the Association as to the status of assessments on a hot is binding upon the Association as of the date of its issuance. Assessments as to Lots owned by the Developer will commence when the number of class B votes is fewer than the number of the Class A votes_ However, if the Developer retains any Lot or Lots solely for its personal use, assessments shall commence as to 6 2044 0786 such Lots upon commencement of construction of a dwelling thereon, or upon the number of Class B votes becoming fewer than Class A votes, whichever occurs earlier. Section 7. Effect of Nonpayment of Assessments: Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of twelve percent (12%) per annum. in addition to such interest charge, the delinquent owner shall also pay such late charge as may have been theretofore established by the Board of Directors of the Association to defray the costs arising because of late payment. The Association may bring an action at law against the delinquent owner or foreclose the lien against the Lot:, and interest, late payment charges, costs and reasonable attorneys' fees of such action or foreclosure shall be added to the amount of such assessment. No owner may waive or otherwise escape liability for the assessments provided for herein by not using the Common Area, or by abandoning his Lot. section 8. subordination of the Lien to Mortgages_ The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage or deed of trust on a Lot or any mortgage or deed of trust to the beclarant. The sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer; provided, however, that the Board of Directors may in its sole discretion, determine such unpaid assessments to be an annual or a special assessment, as applicable, collectable pro rata from all owners including the foreclosure sale purchaser. Such pro rata portions are payable by all Owners notwithstanding the fact that such pro rata portions may cause the annual assessment to be in excess of the maximum permitted under Section 4. No sale or transfer shall relieve the purchaser of such Lot from liability for any assessments thereafter becoming due or from the lien thereof, but the lien provided for herein shall continue to be subordinate to the lien of any mortgage or deed of trust as above provided_ ARTICLE VI DESIGN AND ARCHITECTURAL CONTROL Section 1. Architectural Committee. For purposes of this Article VI, the Declarant shall function as the Architectural Committee (the "Committee") so long as Declarant is a Class B Member of the Association and for so long thereafter as the Declarant deems necessary in its sole discretion. The beclarant may, however, relinquish the responsibility of the Architectural Committee to the Board of Directors when it deems it appropriate to do following which the Board of Directors of the Association shall appoint the members of the Committee to carry out the functions set forth in this Article. All references hereinafter in this Article TT to the Declarant shall be understood to refer also to the Architectural Committee in the event that one has been appoint pursuant hereto. Section 2. Definitions. For purposes of this Article VI, the following terms shall have the following meanings unless the context clearly requires a different meaning: (a) "accessory building" means every detached garage, carport, tool shed, storage or utility building, wellhouse, guest quarters, detached servants' quarters or other similar building constructed on a Lot which is not a dwelling; (b) "buildings" means accessory buildings and dwellings; (c) "dwelling" means a building constructed for single- 7 i .•. -r -h'-e, 'SkT�'r's -::i "�'"c 2.%"%.',i ' "�s.y-. ;zqr�.-, ,r. BOOK PAGE 2044 0787 t family residential use, including servant or guest quarters; and (d) "improvements" or "structures" mean buildings and all walls, fences, decks, patios, planters, terraces, swimming pools, - tennis courts or anything else constructed or placed on a Lot. AMtion 3. General Guidelines. (a) Reservations: The Declarant reserves the right to change, alter, or redesignate roads, pedestrian easements, Utility and drainage facilities, plus such other present and proposed amenities or facilities as may, in the sole judgment of the Declarant, be necessary or desirable. (b) Variances: The Declarant may allow adjustments of the conditions and restrictions stated herein order to overcome practical difficulties and prevent unnecessary hardships in the application of the regulations contained herein, provided, however, that such is done in conformity to the intent and purposes hereof, and provided, also, that in every instance such variance or adjustment will not be materially detrimental or injurious to other property or improvements in the neighborhood. Variances and adjustments of height, size, and setback requirements may be granted hereunder. (c) Development concept: it is the express intention of the Declarant to maintain in this residential community a uniform plan of development that will blend with and not detract from the natural environment with respect to design, type and general appearance of the structures to be erected on the lots. Property owners are encouraged to have their architects contact the Declarant prior to any costly design work for conceptional guidelines pertaining to the residential community. (d) Approval of Plans: The proposed Site and Grading Plans; Building plans and Specifications; Exterior Colors and Finishes; and Construction Schedule must be approved by the Declarant- One {1) copy of all plans and related data shall be furnished to the Declarant for its records. Until all of the above listed prerequisite plans are approved no improvements or structures shall be erected, placed, or altered on any residential lot. The material used, as well as the design, shall be subject to the prior written approval of the Declarant. The decision of the Declarant shall be absolute and in his sole discretion; the Declarant may require modifications of plans based on solely aesthetic considerations, ar any offsite considerations, The Declarant's approval is required for any improvement including, but not limited to, location and construction of driveways, outbuildings and fences.. The Site and Grading Plans should show the proposed location of each building, structure, driveway, parking area, other improvements, and proposed alterations to the physical characteristics of the site. The grade, elevation, or physical characteristics (including but not limited to slopes and tree growth) of any such lot shall not be altered in any way whatsoever without prior written approval of the Declarant based upon a Site or Grading Plan. The Declarant encourages the planting of flowering shrubs and trees; however, all tree removal or planting of trees, bushes, shrubs, grasses, or other vegetation whatsoever, shall be based upon a Site Plan, Landscaping Plan, or Planting Plan which has been submitted to and received written approval from the Declarant. Upon the written request of a lot owner for approval of plans, the Declarant shall under its decision with regard to approving or disapproving those plans in a timely manner. If the Declarant approves the construction of such improvements, it 8 2044 0788 shall issue a certificate evidencing such approval. Refusal or approval of any such plans or specifications may be based by the Declarant upon grounds, including purely aesthetic and environmental considerations, that in the sole and absolute discretion of the Declarant shall seem sufficient. Without the prior written consent of the Declarant, no changes or deviations in or from such plans or specification as approved shall be made. No alterations in the exterior appearance of any building or structure, or in the grade, elevation, or physical characteristics of any lot shall be made without like approval by the Declarant. Upon completion of approved construction, the Declarant shall inspect the construction to insure that the approved Plans and specifications were complied with by the Owner. No structure may be occupied or used until the issuance by the Declarant of a certificate of compliance_ The certificate of compliance shall be issues} by the Declarant without fee; provided, however, that in the event that the Declarant's first inspection of the construction reveals deviations or deficiencies from the approved Plans and specifications, the Declarant may charge a fee of $50.00 for every subsequent inspection which is necessary to insure compliance with the approved plans and specifications. Any such fee must be paid before the issuance of the compliance certificate. If the finished building or other structure does not comply with the submitted plans and specifications, the Declarant retains the right to make the necessary changes at the owner's expense, and the further right to file under the North Carolina lien laws notice of liens for any costs incurred. (e) Subdividing: No lot shall be subdivided, or its boundary lines changed without the prior written consent of the Declarant with the exception of lots S, 9, and 10. The owners of those lots shall have the right to subdivide those lots to create an additional lot of 15,000 square feet at the rear of each of those lots provided that as subdivided all six lots shall be in full compliance with these restrictions. The owner of lots 8, 9, and 10 who subdivides his lot pursuant hereto shall be solely responsible for complying with all governmental laws, rules, and regulations and for obtaining any regulatory approval required in order to accomplish said subdivision. The owner shall also be solely responsible for any hookon or tap -in fees and other utility expenses associated with said subdivision. However, the Declarant hereby expressly reserves to itself, its successors or assigns, the right to replat any two (2) or more lots shown on the plat of any subdivision in order to create a modified building lot or lots; and to take such steps as are reasonably necessary to make such replatted lot suitable and fit as a building site, said steps to include but not limited to the relocation of easements, walkways, and rights -of -way to conform to the new boundaries of the said replatted lots. (f) The Declarant will promulgate a specific set of guidelines as to structural materials, roofing materials, maximum elevations and other improvements aspects to serve as a guidelines for planning improvements on lots in Intracoastal Watch. The Declarant retains the right to amend the guidelines at its sole discretion from time to time, without approval from the Association - Section 4. Site Improvements; (a) Building Setback Guidelines and Requirements_ The front building setback line shall be a minimum of forty (40) feet from the front of each lot (i.e., the boundary line which runs with the margin of the right-of-way of the road on which the Lot fronts)_ The side building setback line shall be a minimum of ten (10) feet from 2044 0789 each side of each lot. The rear building setback line shall be forty (40) feet from the rear of each lot. In the event of any conflict between these guideline requirements and any other later imposed by any governmental authority, Declarant's guidelines shall govern. Since the establishment of standard inflexible building setback lines for location of houses on lots tends to force construction of houses both directly behind and directly to the side of other homes with detrimental effects on privacy, view of the water, preservation of land contour, important trees, and other vegetation, ecological and related considerations, variances for these specific setback guidelines may be granted by Declarant. In order to assure, however, that the foregoing considerations are given maximum effect, the Declarant reserves the right to control and approve absolutely the site and location of any house or dwelling or other structure upon any lot. elevations solll nChanges s emade in Elevation: Rchanges ethe ona Y lot,noranyfill placed within the common easement areas or within the regulatory setback lines; nor shall any lot be increased in size by filling in the waters on which it abuts without prior written approval of the Declarant plus state and federal agencies. (c) Adequate Drainage Requirements: It shall be the Obligation of the Lot Owner to provide adequate drainage for his or her lot to the end that the property or properties adjacent to said lot shall not be subjected to other than the natural flow of drainage presently existing. It shall also be the obligation of the lot owner to provide, install and maintain adequate culvert or drainage pipe beneath his or her driveway as it crosses the street right-of-way in order that the natural flow of drainage will not at any time be blocked along the street right -of -way - The size of such drainage pipe shall be determined by the Declarant, or the appropriate municipal regulatory authorities. All improvements constructed must have gutters to collect rain runoff from roofs and flat areas. All runoff and drainage must be directed to flow towards the streets- (d) Off Street Parking: Each Lot owner shall provide space on his lot for off street guest parking for not fewer than two (2) passenger vehicles prior to the occupancy of any single family dwelling constructed on said lot. Said parking areas and driveways thereto shall be in accordance with reasonable standards and shall be constructed of concrete, asphalt, crushed stone, crushed shells, or any other material approved by the Declarant in writing as provided for in section 3(d) hereinabove. (e) Underground Utility Requirements: All electric transmission or service lines within the perimeter bounds of any lot, common area or easement shall be installed beneath the surface of the ground. M Use of Individual water supply Systems: No individual water supply system shall be permitted except a non -potable lawn Irrigation system or a water to air heat system. A shallow well may be permitted for such water supply without prior written approval by the Declarant- The pump, pressure tank, and pump house, if any, shall be considered structures. The Declarant reserves the right to enter a contract with a community water system for delivery of potable water to all the lots of Intracoastal Watch, and to grant such rights of way or easements to the water system operator as are deemed necessary or desirable by either the Declarant or the said system operator. (g) Driveway Location: The Declarant has the right to decide in its sole and absolute discretion the precise site and to 2094 0790 r' location of any driveway placed upon any right-of-way; provided, however, that the owner shall be given the opportunity to recommend a specific site for such improvements. (h) Alteration of Land Common Area: There shall be no _4 changes, including, but not limited to, planting or cutting of trees, bushes or shrubs in the wooded common area, the park common area and the common areas located within the roadway k except with the express written permission of the Declarant. Thew shall be no changes made to any lake or pond without the express permission of the Declarant. Any lot bordering on a lake or pond shall submit any improvement or alteration to be done within 40 feet from the edge of the said lake or pond to the developer for approval and/or alteration, which may be granted or denied in the Declarant's sole discretion. These requirements are to promote a uniform attractive nature of the common area, ; lakes and ponds for the benefit of all the Lot Owners. (i) A maximum of 30% of any lot may be covered by non - permeable material. Hon -permeable material includes any material h '- through which rain does not pass unrestricted. $+ Section 5_ Structural Improvements: - (a) Residential Use: No structure, except as hereinafter{ provided, shall be erected, altered, placed or permitted to remain on any residential lot other than a detached single family n f dwelling. No building or other structure, or part thereof, at any time situated on such residential lots shall be used as a professional office, charitable or religious institution, business or manufacturing purpose, or for any use whatsoever other than residential and dwelling purposes as aforesaid; and as no duplex residence or apartment house shall be erected or placed v;F$ - on or allowed to occupy such residential lots and no building shall be altered or converted into a duplex residence or ; apartment unit thereon. i (b) Building Materials: All structures constructed or placed on any lot shall be built of substantially new materials. Any structure erected on the lots shall be of wood, stone, brick veneer, tiles, or concrete and stucco_ Any accessory buildings n or structures shall be constructed of the same material as the main dwelling, or from other suitable material specifically fi approved in writing by the peclarant. (e) square Footage of Enclosed Dwelling Area: Every dwelling constructed on a Lot shall contain at least the minimum required "y square footage of fully enclosed and heated floor area. The = minimum required square footage shall be 2000 square feet for all single level homes and 2400 square feet for all two -level homes (the first level shall have a minimum of 1000 square feet); exclusive of patios, attached garages, terraces, decks, roofed = and unroofed porches and accessory buildings. (d) Enclosed Garage: All homes are permitted to have an enclosed two car parking garage serving the main house structure. No covered parking facility may be constructed other than an enclosed garage unless incorporated into the main dwelling structure. (e) Screening of Refuse Receptacles: Each lot owner shall provide receptacles for ashes, trash, rubbish, or garbage on his lot in a screened area not generally visible from the road, other lots, or from common easement areas; or provide underground receptacles (or similar facility) in accordance with reasonable standards established by the Declarant. (f) Mailboxes and Newspaper Receptacles! Mailboxes for all _ lots shall be at a central location near the electric gate. No ll t _a i . 77 777. 5 (g) Fuel Tanks and Similar Storage Receptacles: No fuel tanks or similar storage receptacles may be exposed to view. Any such receptacles may be installed only Within an accessory building with a screened area (so as not to be generally visible from the road, adjoining lots, or common areas) or buried underground; provided, however, that nothing contained herein shall prevent the Declarant from erecting, placing or permitting the placing of tanks, or other apparatus, on the property for uses related to the provision of utility or other service. (h) clothesline or Drying Yards: Clothesline or drying yards are not permitted. M Fences and fulls: No fence, or wall for any purpose shall be erected or located on any building lot, easement, or common area unless and until the plans and specifications showing the nature, shape, height, materials, and location for said fence ' or wall shall have been approved by the Declarant in accordance with Section 3(d) herein. (j) Lawns: All lawns shall be established wholly through the application of soda , ARTICLE VII USE RESTRICTIONS AND REQUIREMENTS section 1. Maintenance Standards. (a) Preservation of Well Kept. Buildings and Grounds: Each lot owner shall prevent any unclean, unsightly or unkempt conditions of any buildings or grounds on his lot which would tend substantially to decrease the beauty of any of the property or diminish or destroy the enjoyment of other lots by the owners thereof. This restriction includes, but is not limited to, a h. prohibition against storage on any lot of anything unclean, a: unsightly or unkempt. (b) Pre -Construction Maintenance of Lots: Prior to commencement of the erection of any residence on a lot, the owner of such lot, shall from tine to time cut, or cause to be cut, and ,. keep cut or cause to be kept cut, all weeds and brush on such lot and shall remove any resulting debris, to comply with Section e: l(a) hereof. Should such owner fail to do so the Declarant may do so, and the reasonable expenses thereof shall be paid by such owner to the Declarant within thirty (30) days thereafter. In the event of a failure of such owner to pay the Declarant as above provided, the Declarant shall have the right to file a notice of lien in the office of the Clerk of the Superior Court of New Hanover County, North Carolina, and from and after the filing of such notice of lien, the Declarant shall have a lien on such lot for the payment of such sum, with interest at the rate a of 12% per annum, all in like manner as if the Declarant had performed such work at the instance and request of such owner. Any such lien, however, shall be subordinate and inferior to any mortgage then or thereafter encumbering such lot. (c) Reconstruction. Any building on any lot which is destroyed in whole or in part by the fire, windstorm, flood or other Act of God must -with reasonable promptness be rebuilt or ' iv all debris from such destruction removed and the lot restored to the condition it was in prior to commencement of construction of such building_ Any such reconstruction must be commenced within six (6) months from the date of such destruction. All debris must be removed and the lot restored to its prior condition ?" within three (3) months of such destruction. _, 12 BOOK PACE 2044 0792 (d) Mobile Homes and Temporary Structures: No mobile hose or other structure of a temporary character shall be placed or stored upon any lot, easement or common area at any tine, provided, however, that this prohibition shall not apply to shelters on the building lot used by the contractor during the construction of the main dwelling house when permission for the same has been granted by the Declarant. These latter temporary shelters may not, at any time, be used as residences or permitted to remain an the lot after completion of construction. (e) vegetable Gardens: There shall be no vegetable gardens s_. in the subdivision. (f) Exterior Antennae and Aerials: Exterior radio and television aerials and satellite dishes for reception of commercial broadcasts shall not be permitted in the Subdivision; and no other aerials or satellite dishes (for example, and without limitation, amateur short wave or ship to shore) shall be permitted In the Subdivision without prior permission of the Declarant, or assigns, as to design, appearance and location- (q) Signs: No permanent sign of any character shall be displayed upon any part of the property except a sign bearing the name of the owner and/or the street address without permission of the Declarant_ Said signs shall not exceed the dimensions of 5 inches by 20 inches. All temporary signs such as builders' signs, realty signs, etc., must be approved by the Declarant_ These signs should be placed in the center of the lot, outside the street right of way. Under no circumstances may signs be nailed to trees. All signs must be clean, neat, and maintained in good repair. (h) Leasing. No building on any lot may be leased except in accordance with rules and regulations promulgated by the Association. (i) internal Ownership. No Owner may lease, deed, sell, convey, or otherwise transfer his lot under any time-sharing or interval ownership arrangement. 0) Hazardous Activities. Nothing shall be done or kept on any lot or in the common Area which shall increase the rate of insurance on the Common Area or any other lot without the prior written consent of the Board of Directors. No Owner shall permit anything to be done or kept on his lot or in the common Area which would result in the cancellation of insurance on any part of the Common Area, or which would be in violation of any law. Section 2. Rules and Regulations. The Developer, or the Association, shall have the right to promulgate rules and regulations concerning any and all aspects of the use of the roads, easements and common area of Intracoastal Watch_ The rules and regulations set out herein are not exclusive, and additional rules and regulations may be promulgated by the Developer from time to time. Violations of the rules and regulations may be enforced by assessment of penalties which shall become additional assessments assessed on the Lot Owner violating the rules and regulations. (a) use of the common areas and easements shall be limited to that for which they were designed or intended by the Developer_ All users shall maintain the common area neat and clean and not permit or cause any damage or destruction thereto. offenders may be fined, which fines shall be added as an additional assessment to the Lot Owner. 13 4_' BOOK PAGE 2044 0793 ARTICLE VIII COM4N ARMS AND COMMM EASE1(ENTS Bgction L. Easements Reserved by Declarant. The Declarant res®rVes easements for the installation and maintenance of driveways, walkways, parking areas, water lines, telephone and IT electric power lines, cable television lines, sanitary sewer and storm drainage facilities, drainage ditches and for other utility 4 installation over the Properties of Intracoastal hatch, as it may be expanded from time to time. Each Owner, by his acceptance of a deed to a lot, and the Association, by its acceptance of a deed to the Common Areas, acknowledge such reservation and the right k of Declarant to transfer such easements to the Association or to ouch utility companies as Declarant may choose. The easements i reserved by the Declarant include the right to cut any trees, bushes or shrubbery, make any gradings of the soil, or take any similar action reasonably necessary to provide economical utility installation and to maintain the overall appearance of the Development_ t The easements reserved by the Declarant shall be shown on the Maps. The Declarant further reserves the right to locate wells, pumping stations, lift stations and tanks within any ti Common Area or any residential lot designated for such use on any Kap or upon any lot adjacent to such designated lot with the Permission of the Owner of such adjacent lot, Within any such easement, no structure, planting or other material shall be placed or permitted to remain which may interfere with the installation of sewerage disposal facilities and utilities, or which may change the direction of flak or drainage channels i.n the easements or which may obstruct or retard the flow of eater through drainage channels in the easements. In addition, the Declarant and the Association shall have the contirluincy right and easement to maintain all sewer, water and utility Lines located on all lots, access easements, Utility and pedestrian easements, as necessary. Slec&ign Non -Dedication To Public Use: Nothing in these Restrictions, nor Lo the recording of any plat or deed pursuant hereto, shall dedicate or be deemed to dedicate to public use any of the streets, bridges, common area or other property within the subdivision. SectJQn 33. Use of Common Area: The Common Area shall not be used in any manner except as shall be approved or specifically permitted by the Association, The Association shall, in its sole discretion, retain the right to establish rules and regulations for the use and enjoyment of all such property. Section 4- Access Easement: The purpose of access easements is to provide members of the Association and their escorted J. guests pedestrian access to the common areas of the subdivision. This privilege is extended by the contiguous lot owners with the understanding that the access easements will be maintained in good repair as a responsibility of the Association. Common courtesy dictates that use of the access easement and common areas occur in as unobtrusive manner as is feasible with full respect for the privacy and property rights of the lot owners involved. Any members of the Association found to be responsible for abuse of the access easement privilege may have this privilege rescinded for an appropriate period of time by the Board of ❑ireetats of the A�aociation. 14 ARTICLE ix CONSTRUCTION GUIDELINES Section 1. Period of Construction: The exterior of all houses and other structures must be completed within eighteen (18) months after the construction of same shall have commenced, except there such completion is impossible or would result in great hardship to the owner or builder due to strikes, fires, national emergency or natural calamities. Section 2. conduct of construction vehicles: During construction all involved including those delivering supplies must enter the building lot on the driveway only as approved by the Declarant so as not to damage unnecessarily trees, street paving and curbs. ,Section 3. Removal of Construction Debris: During construction the builder must keep the homes, garages, and building sites clean. All building debris, stumps, trees, etc., must be removed from each building lot by the builder as often as necessary to keep the house and lot attractive. Such debris may not be dumped in any area in the subdivision. SSgction A_ Storage of Construction Materials: construction material storage must be set back from the lot property lines in accordance with the same restrictions as stated for Building Setback Guidelines (Article vI, Section 4). Sggtion 5. Each dwelling constructed in the subdivision shall be built under the direct supervision of a general contractor licensed under North Carolina law to build such a dwelling. ARTICLE X INSURANCE Each Owner shall secure and maintain in full force and effect at such Owner's expense, one or more insurance policies insuring the owner's improvements on the lot for the full replacement value thereof against loss or damage from all hazards and risks normally covered by a standard "Extended Coverage,, insurance policy, including fire and lightning, vandalism and malicious mischief. Each Owner, at the Owner's expense, shall secure and maintain in full force and effect comprohensive personal liability insurance for damage to the person or property of others occurring on owner's Lot, any other Lot, or upon the common Area, in an amount not less than the amount designated by the Association. The Owner shall provide the Association with satisfactory evidence that such insurance as herein required is in full force and effect and the Association will be given thirty (30) days' notice prior to the expiration or cancellation of any Owner's insurance coverage_ In the event the Owner fails or refuses to maintain such insurance coverage as herein required, the Association may, but shall not be obligated to, through its agent or representative, secure and maintain such insurance coverage for the Owner's benefit, and the costs or expense thereof shall be deemed a special assessment levied by the Association against the Owner and the Owner's Lot in accordance with the other provisions of this Declaration and the Owner covenants and agrees to pay to the Association such special assessment upon demand. This insurance provision may be modified or amended to substitute one comprehensive insurance policy covering all Lots provided the approval of a majority of the owners is obtained and approval by 75% of the owners and holders of first deeds of trust 15 Y 2 04 4 0795 on the Lots is obtained. Such approvals shall be in writing but need not be acknowledged and shall be attached to an amendment to this Declaration which amendment shall be executed only by the Association and recorded in the Nev Hanover County Registry_ The Declarant and the Association shall have the right to obtain a comprehensive insurance policy covering liability as well as extended coverage, the premiums of which shall be paid by the Association. ARTICLE X1 .RIGHTS OF MORTGAGEES IMGtion 1. Approval of Owners and Holders of First Deeds of Trust. Unless at least seventy-five percent (751) of the owners and holders of first deeds of trust on Lots located within the Property then subject to the full application of this Declaration have given their prior written approval, the Association shall not: (a) by act or omission seek to abandon, partition, subdivide, encumber, sell or transfer any real estate or improvements thereon which are owned, directly or indirectly, by the Association (the granting of easements for utilities or other purposes shall not be deemed a transfer within the meaning of this clause); (b) change the method of determining the obligations, assessments, dues or other charges which nay be levied against an Owner; (c) by act or omission change, waive or abandon any plan of regulation, or enforcement thereof pertaining to the architectural design or the exterior appearance of residences located on Lots, the maintenance of party walls or common fences and driveways, or the upkeep of laves and plantings in the subdivision; (d) fail to maintain fire and extended coverage insurance on insurable improvements in the Common Area on a current >f replacement cost basis in an amount not less than one hundred percent (100%) of the insurable value; or 3 (e) use the proceeds of any hazard insurance policy covering losses to any part of the Common Area for other than the repair, replacement or reconstruction of the damaged improvements. Section 2, Books and Records. Any owner and holder of a first deed of trust on any Lot will have the right to examine the books and records of the Association during any reasonable business hours. Section 3. Payment of Taxes and Insurance Premiums. The owners and holders of first deeds of trust on Lots may, jointly or singly, pay taxes or other charges which are in default and which may or have become a charge or lien against the Common Area and may pay overdue premiums on hazard insurance policies or secure new hazard insurance coverage upon the lapse of a policy for property owned by the Association and the persons, firms or corporations making such payments shall be owed immediate reimbursement therefor from the Association. a ARTICLE XII � CONOEHNATION Section 1. Partial Taking without Direct Effect on Lots. If part of the properties shall be taken or condemned by any authority having the power of eminent domain, such that no Lot is taken, all compensation and damages for and on accou:tt of the 16 204 0796 r taking of the Common Area, exclusive of compensation for conseguential damages to certain affected hots, shall be paid to the Hoard of Directors of the Association in trust for all Owners and their mortgagees according to the losses or damages to their respective interests in such Common Area. The Association, M acting through the Board of Directors, shall have the right to act on behalf of the Owners with respect to the negotiation and litigation of the issues relating to the taking and compensation {- affecting the Common Area, without limitation on the right of the owners to represent their own interests. Such proceeds shall be _ used to restore the Common Area with the excess, if any, paid to the owners whose Lots are specifically affected by the taking or condemnation. This is not intended to restrict the Owners from Joining in the condemnation proceedings and petitioning on their own behalf for consequential damages relating to loss of value of the affected Lots, or personal improvements therein, exclusive of ?' damages relating to common Area. In the event that the condemnation award does not allocate consequential damages to specific owners, but by its terms includes an award for reduction in value of Lots without such allocation, the award shall be divided between affected owners and the Board of Directors as their interest may appear by arbitration in accordance with the rules set in the Uniform Arbitration Act, Article 45A in Chapter l of the north Carolina General Statutes, as it may be amended from time to time. Section a. Partial or Total Taking Directly Affecting Lots. If part or all of the Properties shall be taken or condemned by any authority having the power of eminent domain, such that any Lot or a part thereof (including specific casements assigned to any Lot) is taken, the Association shall have the right to act on behalf of the Owners with respect to Common Area as provided in Section 1 of this Article and the proceeds *hail be payable as outlined therein. The Owners directly affected by such taking shall represent and negotiate for themselves with respect to the damages affecting their respective Lots. All compensation and damages for and on account of the taking of any one or more of the Lots, or personal improvements therein, shall be paid to the Owners of the affected Lots and their mortgagees, as their interests may appear. Section 3. Notice to Mortgagee_ A notice of any eminent domain or condemnation proceeding shall be sent to holders of all first mortgages. ARTICLE XIII GENERAL PROvisIons Section 1. Entry: The Declarant reserves for itself, its successors and assigns, and its agents the right to enter upon any residential lot, for the purpose of mowing, removing,_ clearing, cutting or pruning underbrush, weeds or other unsightly growth, or for the purpose of building or repairing any land contour or other earthwork, which in the opinion of the Declarant detracts from or is necessary to maintain the overall beauty,. ecology, setting and safety of the property_ Such entrance shall not be deemed a trespass. The Declarant and its agents may likewise enter upon any lot to remove any trash which has collected without such entrance and removal being deemed a trespass. The provisions in this paragraph shall not be construed as an obligation on the part of the Declarant to undertake any of the foregoing. Sion 2. Enforcement. The Association, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this declaration_ Tha failure of the Assooi.atinn or of any owner to enforce any covenant or restriction herein contained shall in 17 2094 0797 no event be deemed a waiver of the right to do so hereafter. Spgtion 3. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. Section ,q. Amendment. The covenants and restrictions of this Declaration shall run with and bind the land until January 1, 2010, after which they shall be automatically extended for successive periods of ten (10) years. This Declaration (except as set forth to the contrary in Article IV, section 3) maybe amended by an instrument signed by the owners of not less than seventy-five percent (75%) of the Lots_ Section S_ Additions to Covenants. The Declarant may include in any contract or deed hereafter made, any additional covenants and restrictions that are not inconsistent with and which do not lower the standards of the covenants and restrictions set forth herein. Section 6. Release of Lots. The Declarant may at any time release any lot shown on said plat from any or all of the restrictions and covenants running with the land herein set forth, and also from any or all additional restrictions and covenants imposed pursuant to the provisions of Section 5 above, provided the written consent thereto of the owner or owners of not less than two-thirds in number of the lots shown on said plat shall be obtained, and such release cannot be deemed to be an action negating the effective coverage of these restrictive covenants on the remaining lots. ge9tion 7. Assignment or Development Rights. If the Declarant shall transfer or assign the development of such subdivision or if it shall be succeeded by another in the development of such subdivision, then such transferee, assignee, or successor shall be vested with the several rights, powers, privileges or authorities given said Declarant by any part or paragraph hereof. The foregoing provisions of this paragraph shall be automatic, but the Declarant may execute such instrument as it shall desire to evidence the vesting of the several rights, powers, privileges, and authorities in such transferee, assignee or successor. In the event the Declarant contemplates, or is in the process of, dissolution, merger or consolidation, the Declarant may transfer and assign to such person, firm or corporation as it shall select any and all rights, powers, Privileges and authorities given the Declarant by any parr_ or paragraph hereof, whether- or not the Declarant shall also transfer or assign the development of such subdivision or be succeeded in the development of such subdivision. In the event that at any time hereafter there shall be no person, firm, or corporation entitled to exercise the rights, powers, privileges and authorities given said Declarant under the provisions hereof, such rights, powers, privileges and authorities shall be vested in and exercised by the Declarant to be elected or appointed by owners of a majority of the lots of said land, in such event, the Declarant shall then have the same rights, powers, privileges and authorities as are given to the Declarant by any part or paragraph hereof. Nothing herein shall be constructed as conferring any rights, powers, privileges, and authorities in said Declarant except in the event aforesaid. Section 1. Modifications. The Declarant specifically reserves the right to amend any part or all of the restrictions, covenants, and Conditions herein set emult by filing in the office of the Register of Deeds of New Hanover County a declaration of amended restrictive covenants_ Such amendments, modifications, or additions to the restrictive covenants contained in this Declaration shall be made applicable to the conveyance of lots made subsequent to the recording of such declaration of amended 18 2049 0798 restrictive covenants. Declarant further specifically reserves the right to amend a recorded Plat Of any lot or any group of lots in Intracoastal Watch, as It may be expanded from time to time. Sectigg 9. Remedies Against violations. The covenants and restrictions herein shall be deemed to be covenants running with the land. It any person claiming under the Declarant shall violate or attempt to violate any of such restrictions or covenants, it shall be lawful for the Declarant, or any person or persons owning any residential lot on said land. (A) to prosecute proceedings at law for the recovery of damages against the person or persons so violating or attempting to Violate any such covenant or restriction, or (B) to maintain a proceeding in equity against the person or persons so violating or attempting to violate any such covenant or restrictions for the purpose of preventing such violation, provided however, that the remedies in this paragraph contained shall be construed as cumulative of all other remedies now or hereafter provided by law. Without limiting the foregoing provisions of this paragraph enforcement of these covenants and restrictions shall be made by the Association, of which every record owner of a fee or undivided fee interest in any lot shall be a member. Invalidation of any provision of the covenants and restrictions set forth herein by Judgment or court order shall not affect or modify any of the covenants and restrictions which shall remain in ftill force and effect. Section 10. Lots Subject to Covenants- The Declarant hereby covenants and agrees that every contract of sale or deed made by the Declarant wherein is described any residential lot of said land shall include or be subject to, by reference or otherwise, each and every covenant and restrictions herein written, or the substance thereof, and, subject to the reservations herein, the Declarant shall conform with and abide by the foregoing covenants as to all of said Land. Section ". Regulations. Reasonable regulations governing the use of the Common Area and external appearance of all structures erected on the Lots may be made and amended from time to time by the Board of Directors of the Association; provided, however, that all such regulations and amendments thereto shall be approved by a majority vote of the Owners before the same shall become effective. Copies of such regulations and amendments thereto Shall be furnished to each Member by the Association upon request. IN WITNESS WHEREOF, the Declarant has caused this instrument to be executed all the day and year first above written_ <D B, BV' President ATTEST. 1�1 Secretary (Corporate Seal) C fL CURVE DATA CURVE 1 CURVE 2 CURVE 3 G P874.35' R 2DO,C30' Q 1"S"J1'4fa' R = 200,OD' 4 - 13"38'15- T mor L e 3. W' T - 2a.33' R - 250.0o, T - E409" L . 68.34' L - 5q,501 CURVE 4 CURVE 5 CURVE 6 R n + SOs 1a =15 0376' 0' n- 17'27'33' AT 250jW L. 77,16' Mjl� L W 78.7C' : L d 7618 RECORDED AND VERIFIED �Go MARY SUE 00TS REGISTER OF 0EE-P5 NEW HANOvER CO, NC .96 JUN 13 Qn 4 94 l 1 75' COD 9CTDAGK 527.15' y7 M71 W041W LOT 1 D MU17T In20' fWVATE ZE55 43429' EA5ENENT �� m ruayr_ a�ec�s r LDT 9 24' PRYATr AGGL55 EA5fMHT NEB'31'90'Ylf� i17J3' 1� " 5963E*1 t1r N48'6U2" LOT B ow ! 5J2.50' a j EASEMENT DETAIL 1' l DEVELOPED i5Y- - ,... DACL AX FAG. 3310 GAROLNA BEAGIt ROAD f'n W1 r9iGiaH M G. T?4523 e,: a 910 RED CHANNEL MARKER # 148 �qy 20D�JAN20 P11156 3QaK 0 REARDEdlt:D'✓ERiCICO PAGE ' STATE OF NORTH CAROLINA t,ARY'DE WTS REGISTER 0= i� F[35 ' 6 3 3 8 7 9 COUNTY OF NEW HANOVER i��i"!'.t,.�lt';; j .t� AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONSPOR INTRACOASTAL HATCH 097 THIS AMENDMENT TO DECLARATION OF COVENANTS, CONDI'PIDNS AND RESTRICTIONS FOR INTRACOASTAL WATCH is made and entered into this 19 day of January, 2000, by Daclar, Inc., a North Carolina corporation (hereinafter referred to as "Declarant"), David W. Robinson and wife, Teresa C. Robinson, and Robinson & Associates Builders, Inc., a North Carolina corporation (hereinafter referred to as lot owners). THAT, WHEREAS, Declarant heretofore executed a Declaration of covenants, Conditions and Restrictions for Intracoastal Watch and caused the same to be recorded in Book 2044, Page 0780 of the New Hanover County Registry; and WHEREAS, in accordance with Article IV, Section 2 and Article XIII, Section 4, of said Declaration, the Declarant and lot owners have, because they have greater than three --fourths 3/4 of the eligible votes the right to amend the Declaration. NOW, THEREFORE, the Declarant and Lot Owners do hereby amend the Declaration by deleting subsection (i) of Section 4 of ARTICLE VI, and substituting in place thereof the following subsection: _LiL Stormwater Management: No more than 4300 square feet of any lot shall be covered by structures and/or paved surfaces, including walkways or patios or brick, slate or similar materials, but specifically excluding walkways and decks of wood provided that such walkways and decks are constructed in such a manner as to allow stormwater runoff to infiltrate the soil beneath the same. Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with the development, except for average driveway crossings, is strictly prohibited by any persons. Lots within CAMA'S Area of Environmental Concern may have the permitted built -upon area reduced due to LAMA jurisdiction within the area of environmental concern. This covenant is intended to ensure compliance with the stormwater runoff rules heretofore adopted by the State of North Carolina. Accordingly, its provisions may be enforced by the State of North Carolina. These covenants pertaining to stormwater regulations may not be changed or deleted without concurrence of the North Carolina Division of Water Quality. To the extent the provisions of this subsection are inconsistent with the provisions elsewhere in this Declaration, the provisions of this subsection shall control. Except as amended hereby, the Covenants, Conditions and Restrictions of the Declaration shall retain their full force and effect. IN WITNESS WHEREOF, the Declarant and all of the Lot Owners have caused this instrument to be executed and their seals affixed all on the day and year first above written. DACLAR, INC. n 400K PAGE 693 a8sa Attest: e ary (Corporate Seal) ['bfPpr:-.lien Attest: Secretary3 (Corporate Seal) `C,;f aft,.v .cW STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER President {Seal] DAVID W. ROBINSON T'ERZSA C. ROBINSON C' N-VrRv-!� ROBINSON & ASSOCIATES, INC. .. President I, Z�' 'e c, , a Notary Public in and for the county aforesaid do her b—rtify that '"r rasa C, personally came before me this day and acknowledged that he/she is Secretary of DACLAR, INC., a North Carolina corporation, 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 corporate seal and attested by her/Kim as its Secretary. Wit# ..py hand and official stamp or seal, this the puary, 2000. ,•��'•r �"'"TIRi�' yaltil Notary' --Public +�x••fiiym�ssdxpires: I11NA 2R�2D0/ x•��atn -�s� {!�%,r Oyu ,lop 71-7 si iA�I1W;ORTH CAROLINA 4 COUNTY OF NEW HANOVER I, Ag� )M 0, fir-r,J�,A1 a Notary Public for the county and state aforesaid do hereby certify that David W. Robinson and wife, Teresa C. Robinson personally appeared before and acknowledged the due execution of the foregoing instrument. E 0 0 Pit VE '6cV3 0881 .�y Fe ` }�np,,so my hand and official seal this the -qu day of Na Mkif �.Qn= Expires: ! q'a ZA a 3 fSL-101) C.n'ATE'.-0 1'NATH CAROLINA r`v�CQ1iN�Fu F NEW HANOVER Tuog 23&12a% Notary Pdblic I , '/'F'q4 /� , a Notary Public in and for the county aforesaid do hereby certify that 0o r rn Ida , �c, personally came before me this day and acknowledged that he/she is Secretary of ROBINSON a ASSOCIATES, BUILDERS, INC., a North Carolina corporation, 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 corporate seal and attested by her/him as its Secretary. Witness my hand and official stamp or seal, this the aU day of 5anuary, 2000. `,`�S�.a•f P? ti�1 x Notary PuYllic • �t is xpires: �_uuQ 238�1-91 / ���-�1 6e4i•1•} � STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER The foregoing Certificate(s) of 0,-6 ( , Notary Public, is certified to be correct. Tnis instrdment and this certificate are duly registered at the date and time and in the Book and Page shown on the first page hereof. This the_ ----day of MW OU1 007s Register of Deeds for New Hanover County RECEIVED DGM WILMINGTON, NC NOV 0 6 2015 FOR REGISTRATION REGISTER OF DEEDS � 1111��4141�II��IIIIIi�� ��lll�l�� ���1��1 }'}W4D 141i1111111 C114 lhhllllt111{11I11111 lil it Il THEUSCH BEASLEY NEW HflNOVER COUNTY, NC r ,> 2N DEC 30 03:1 I Ply BK:5860 FS:322-325 FEE:$26.00 - - NC REV STAMP : $400. 00 MINDI YOM t .L WARRANTY DEED J0 Return to IS. P, Revenu. t ❑ If checked, trw des the primary residence of at least one of the parties depicted as party of the firstpart. (N.C. Gen. Stat. ,.2) STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER THIS SPECIAL WARRANTY DEED, made and entered into this the 29th day of December, 2014, by and between SOUTHERN BANK AND TRUST COMPANY, successor by merger to The Heritage Bank, having an address of 116 East Main Street, Mount Olive, North Carolina 28365, party of the first part; and ANTHONY T. DOMBROSKI, JR. and ANN M. DOMBROSKI, having an address of 1632 Soundwatch Drive, Wilmington, North Carolina 28409, party of the second part; WITNESSETH: That the party of the first part in consideration of the sum of Ten and 00/100 Dollars ($10.00) and other good and valuable consideration paid to the party of the first part by the party of the second part, the receipt and sufficiency of which hereby are acknowledged, has granted, bargained, sold and conveyed and by these presents does grant, bargain, sell and convey unto the party of the second part, said party's successors and assigns, the following described property to wit: Prepared by: WARD AND SMITH, P.A., 120 West Fire Tower Road, Post Office Box 8088, Greenville, NC 27835-8088 Attention Kimberly E. Lee, Esq. No opinion on title is rendered by WARD AND SMITH, P.A., without a separate written p�ai�ion onf__ title from WARD AND SMITH, P.A. , .� � yA { IVIVIL"� N'U 1N, NC.. Generally described as certain real property, with any and all improvements thereon, located in New Hanover County, North Carolina, and being more particularly described as follows: BEING all of Lot 8, Intracoastal Watch as the same is shown on a map recorded in Map Book 36, Page 27, of the New Hanover County Registry, reference to which is hereby made for a more particular description. TOGETHER with a portion of a twenty foot -wide access easement crossing Lot 9 of Intracoastal Watch for the benefit of Lot 8 Intracoastal Watch as recorded in Map Book 37 at Page 329, Together with all additional rights, title, and interests of Grantor conveyed and described in the Trustee's Deed recorded in Book 5568, at Page 645 in the office of the Register of Deeds of New Hanover County. This is the same property described in the Trustee's Deed recorded in Book 5568, at Page 645 in the office of the Register of Deeds of New Hanover County, TO HAVE AND TO HOLD said property and all privileges and appurtenances thereunto belonging to the party of the second part, said party's successors and assigns, forever. And the party of the first part covenants that said party has done nothing to impair such title to the aforesaid property as was received by said party and agrees to warrant and defend the title to said property against the lawful claims of all persons claiming by, through or under said party, except for any restrictions and encumbrances set forth above, but no further, IN TESTIMONY WHEREOF, the party of the first part has caused this instrument to be executed with authority duly given in such forth as to be binding, this the day and year first above written. SOUTHERN BANK AND TRUST COMPANY By: &Z,�Lie In Printed Name: / -'' S -''rem Position: &1;, rp ��. COUNTY NO CAROLINA I certify that the following person personally appeared before me this day and acknowledged to me that he/she signed the foregoing document for the purpose stated therein and in the capacity indicated therein: ! �' Jr. as FV 16 & Fo on behalf of Southern Bank and Trust ompany Date Z,2 (official Seal) ,`aaageoG-e E Pq 'vos�a OO SSS M e �ePlzE94486��=�`9 /6U39U-00373 ND: 4817-8575-6193, v. 1 . 4 Signature otary Public } e F— . P4,1-k 5 , Notary Public Printed or typed name My commission expires: S- .8 -.Z oler 3 NOV0 ) 20-15 klx:L.7•r 1rMn tl< MODEL DECLARATION OF RESTRICTIONS August, 2003 STATE OF NORTH CAROLINA W fo vNim r- COUNTY CONSERVATION DECLARATION This DECLARATION of CONSERVATION COVENANT'S, CONDITIONS, and RESTRICTIONS (" ero.bw. :} is made on this L& day of 200A by (NA1 E AND ADDRESS OF DECLARANT] "Declarant"). RECITALS & CONSERVATION PURPOSES A. Declarant is the sole owner in' fee simple of the certain Conservation Property (Property) being approximately i acres, more particularly described in Exhibit A attached hereto and by this reference incorporated herein [reference to a recorded map showing a survey of the preserved area may he required]; and B. The purpose of this Conservation Declaration is to maintain wetland and/or riparian resources and other natural values of the Property, and prevent the use or development of the Property for any purpose or in any manner that would conflict with the maintenance of the Property in its natural condition. The preservation of the Property in its natural condition is a condition of Department of the Army permit Action ID Sol-lowsral+IM-OWissued by the Wilmington District Corps of Engineers (Corps), required to mitigate for unavoidable impacts to waters of the United States authorized by that permit, and this Conservation Declaration may therefore be enforced by the United States of America. NOW, TBEREFORE the Declarant hereby unconditionally and irrevocably declares that the Property shall be held and subject to the following restrictions, covenants and conditions as set out herein, to run with the subject real property and be binding on all parties that have or shall have any right, title, or interest in said property. ARTICLE I. PROHIBITED AND RESTRICTED ACTIVITIES Any activity on, or use of, the Property inconsistent with the purposes of this Conservation Declaration is prohibited. The Property shall be maintained in its natural, scenic, and open condition and restricted from any development or use that would impair glilliefillil 20090105290 FOR REGISTRATION REGISTER OF DEEDS JENNIFER H. MrNEISH NEW 14AT40VER C"TY, NC 2009 MAY 07 t0:45:49 Rif BK:5403 P5: 24B6-2504 FEE 435.09 INKUB7 # HFAI62N -t> �; LLA �1 till S �S TiCI T- )(� S ua' < 40 _ems or interfere with the conservation purposes of this Conservation Declaration set forth above. Without limiting the generality of the foregoing, the follouing activities and uses are expressly prohibited or restricted. A. Disturbance of Natural Features. Any change disturbance, alteration or impairment of the natural features of the Property or any introduction of non-native plants and/or animal species is prohibited. B. Construction. There shall be no constructing or placing of any building, mobile home, asphalt or concrete pavement, billboard or other advertising display, antenna, utility pole, tower, conduit, line, pier, landing, dock or any other temporary or permanent structure or facility on or above the Property. C. Industrial, Commercial and Residential Use. Industrial, residential and/or commercial activities, including any right of passage for such purposes are prohibited. D. Agrcultural, Grazing and Horticultural Use. Agricultural, grazing, animal husbandry, and horticultural use of the Property are prohibited. E. Vegetation. There shalt be no removal, burning, destruction, harming, cutting or mowing of trees, shrubs, or other vegetation on the Property. F. Roads and Trails. There shall be no construction of roads, trails or walkways on the property. G. SiMage. No signs shall be permitted on or over the Property, except the posting of no trespassing signs, signs identifying the conservation values of the Property, signs giving directions or proscribing rules and regulations for the use of the Property and/or signs identifying the Grantor as owner of the property. H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage, waste, abandoned vehicles, appliances, machinery or hazardous substances, or toxic or hazardous waste, or any placement of underground or aboveground storage tanks or other materials on the Property is prohibited. I. Excavation, Dredging or Mineral Use. There shall be no grading, filling, excavation, dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals or other materials, and no change in the topography of the land in any manner on the Property, except to restore natural topography or drainage patterns. J. Water Quality and Draingge Pattern_ There shall be no diking, draining, dredging, channeling,.fxlling, leveling, pumping, impounding or related activities, or altering or tampering with water control structures or devices, or disruption or alteration of the restored, enhanced, or created drainage patterns. In addition, diverting or causing 2 or permitting the diversion of surface or underground water into, within or out of the easement area by any means, removal of wetlands, polluting or discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides is prohibited. K. Development Rights. No development rights that have been encumbered or extinguished by this Conservation Declaration shall be transferred pursuant to a transferable development rights scheme or cluster development arrangement or otherwise. L. 'vehicles. The operation of mechanized vehicles, including, but not limited to, motorcycles, curt bikes, all -terrain vehicles, cars and trucks is prohibited. M. Other Prohibitions. Any other use of, or activity on, the Property which is or may become inconsistent with the purposes of this grant, the preservation of the Property substantially in its natural condition, or the protection of its environmental systems, is prohibited. ARTICLE H. ENFORCEMENT & REMEDIES A. This Declaration is intended to ensure continued compliance with the mitigation condition of authorizations issued by the United States of America, U.S. Army Corps of Engineers, Wilmington District, and therefore may be enforced by the United States of America. This covenant is to run with the land and shall be binding on all parties and all persons claiming under the Declarant_ B. Corps, its employees and agents and its successors and assigns, have the right, with reasonable notice, to enter the Property at reasonable times for the purpose of inspecting the Property to determine whether the Declarant, Deciarant's representatives, or assigns are complying with the terms, conditions and restrictions of this Conservation Declaration. C. Nothing contained in this Conservation Declaration shall be construed to entitle Corps to bring any action against Declarant for any injury or change in the Conservation Property caused by third parties, resulting from causes beyond the Declarant's control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken in good faith by the Declarant under emergency conditions to prevent, abate, or mitigate significant injury to life, damage to Property or harm to the Property -resulting from such causes. ARTICLE III. PUBLIC ACCESS A. This Conservation Declaration does not convey to the public the right to enter the Property for any purpose whatsoever. I ARTICLE IV. DOCUMENTATION AND TITLE A. Conservation Properly Condition. The Declarant represents and acknowledges that the Property is currently undeveloped land, with no improvements other than any existing utility lines, Declarations and rights of way, B. TitIe. The Declarant covenants and represents that the Declarant is the sole owner and is seized of the Property in fee simple and has good right to make the herein Declaration; that there is legal access to the Property, that the Property is free and clear of any and all encumbrances, except Declarations of record. ARTICLE V. MISCELLANEOUS A. Conservation Purpose. (1) Declarant, for itself, its successors and assigns, agrees that this Conservation Property shall be held exclusively for conservation purposes. B. Entire Agreement. This instrument sets forth the entire agreement of the parties with respect to the Conservation Declaration and supersedes ail prior discussions, negotiations, understandings or agreements relating to the Conservation Declaration. If any provision is found to be invalid, the remainder of the provisions of this Conservation Declaration, and the application of such provision to persons or circumstances other than those as to which it is found to be invalid, shall not be affected thereby. C. Recording. Declarant shall record this instrument and any amendment hereto in timely fashion in the official records of OAA li4R County, North Carolina, and may re-record it at any time as may be required to preserve its rights. D. Environmental Condition of Conservation Property. The Declarant warrants and represents that to the best of its knowledge after appropriate inquiry and investigation: (a) the Property described herein is and at all times hereafter will continue to be in full compliance with all federal, state and local environmental laws and regulations, and (b) as of the date hereof there are no hazardous materials, substances, wastes, or environmentally regulated substances (including, without limitation, any materials containing asbestos) located on, in or under the Property or used in connection thereWith, and that there is no environmental condition existing on the Property that may prohibit or impede use of the Property for the purposes set forth in the Recitals. IN WITNESS WHEREOF, Declarant has hereunto set his hand and seal, the day and year first above written. [Signature of Declarant in proper form] 4 ARTICLE IV. DOCUMENTATION AND TITLE A. Conservation Pmerty. Condition. The Declarant represents and acknowledges that the Property is currently undeveloped land, with no improvements other than any existing utility lines, Declarations and rights of way. B. Title. The Declarant covenants and represents that the Declarant is the sole owner and is seized of the Property in fee simple and has good right to make the herein Declaration; that there is legal access to the Property, that the Property is free and clear of any and all encumbrances, except Declarations of record. ARTICLE V. MISCELLANEOUS A. Conservation Purpose. (1) Declarant, for itself, its successors and assigns, agrees that this Conservation Property shall be held exclusively for conservation purposes. B. Entire Agreement. This instrument sets forth the entire agreement of the parties with respect to the Conservation Declaration and supersedes all prior discussions, negotiations, understandings or agreements relating to the Conservation Declaration. If any provision is found to be invalid, the remainder of the provisions of this Conservation Declaration, and the application of such provision to persons or circumstances other than those as to which it is found to be invalid, shall not be affected thereby. C. Recording. Declarant shall record. this instrument and any amendment hereto in timely fashion in the official records of 4t1L . County, North Carolina, and may re-record it at any time as may be required to. preserve its rights. D. Environmental Condition of Conservation Propgrty The Declarant warrants and represents that to the best of its knowledge after appropriate inquiry and investigation: (a) the Property described herein is and at all times hereafter will continue to be in full compliance with all federal, state and Iocal environmental laws and regulations, and (b) as of the date hereof there are no hazardous materials, substances, wastes, or enwon'mentally regulated substances (including, without limitation, any materials containing asbestos) located on, in or under the. Property or used in connection therewith, and that there is no environmental condition existing on the Property that may prohibit or impede use of the Property for the purposes set forth in the Recitals. IN WITNESS WHEREOF, Declarant has hereunto set, his hand and seal, the day and year first above written. 4�r cribed before me this the __k&_day of 2009. Mire My Cornmissioti' expires: IZ41I Legal Description For Wetland Preservation Area on Lot 8 Intracoastal Watch Masonhoro Township, New Hanover County, North Carolina Property Address #1632 Sound Watch Drive (Parcel #R07912-007-009-000) Commencing from iron pipe found on the Right of Way of Sound Watch Drive (45` Wide Private Right of Way); said Iron pipe also being the common corner of Lot #8 and Lot #9 of Intracoastal Watch (Map Book 36 Page 27); thence from said Commencing point leaving said Right of Way along said common line South 01054'20" West L7.35'; thence continuing along said line South 58°58'17" East 140.67' to a point; thence leaving said common line crossing said Lot #8 South 301*57'57" West 98.12" to point on the Northern line of Alaysa & Brian Bostick; thence along the common line of said Lot #8 and said Bostick line North 59002'03" West 181.97' to a point on the Eastern side of a 15' Drainage Easement; said point being 15.00' from the common comer of Lot #7 and Lot #8 of said Map Book 36 Page 27; thence leaving said Bostick line along the eastern edge of said Drainage Easement North 30016'26" East 91.66' to a point on the Southern Right of Way of Sound Watch Drive; thence along a curve to the left having a radius of 50.00` and a central angle of 47035'24" (said curve having no tangency to the line coming in) a Chord Bearing North 88018'15" East. and Chord Distance of 40.36' to the Commencing Point. Above Preservation Area containing 18,023 Square Feet, €3.41+/- Acres and being the same as shown on a map prepared by Danford and Associates Dated January 13, 2009. Basis of Bearings for legal description Is Map Book 36 Page 27. L�L1I11rI#A,,I �.�, CAR�'�•,� SEAL = L-4308 C F. Gy�t`,• �!/�eii[ILLLL yf/0- 008F LEGAL DESCRIPTION WRITTEN BY VANFOKD & ASSOCIATES SURVEYING U � O o o Sm 71` � �+II m Cc) 1 ? � a � z � a man u � � x M =88 ° N� ® +� Q z LL,�a. z a Q HOWE � Qm Ln o PKOPt�'at'fJ �� � O m YOR m lz LLl Ln z Q �� � z tL.� o g N 6 a w 5W57'57W fl \\ QUO _ 0 Ln \\N3c0�"6' I2 G' o i 10��$ �� ���; .6 ry d a t5 2i 19 ' = Ri jnS E6 J Z96S Xr 16its � Y � ~r �•T�, 4�,"•'�V� m l �vL9Z,91.0ES s n U � #A Q Ei IZ 0 m zr i` 1� ' {1315 MAPIS NOT A CERT1f TED SURVEY AND HAS NOT BEEN REviuWFD BY A LOCAL 1 C,OVERNMENTAGENCYFOR COMPL"CE � REclul-hCIQN� MacPherson, Tara From: Rudy Dombroski <rudy@atdbuildinggroup.com> Sent: Wednesday, October 28, 2020 9:37 AM To: MacPherson, Tara Subject: FW: [External] FW: Pre -Filing Meeting Request Acknowledgement - 1632 Sound Watch Dr. - 20071979 Ver 3 Ta ra I received this from Robb. I am not sure what documentation he is referring to? Sorry to bother I know you are on vacation and I hope you are having a great time. From: Mairs, Robb L <robb.mairs@ncdenr.gov> Sent. Wednesday, October 28, 2020 9:25 AM: / To: Rudy Dombroski <rudy@atdbuildinggroup.com> Subject: RE: [External] FW: Pre -Filing Meeting Request Acknowledgement - 1632 Sound Watch Dr. - 20071979 Ver 3 Hey Rudy, I have received your pre -filing request, which satisfies the new 401 rule requirement, so include that documentation into your LAMA Major Permit application to Tara MacPherson's attention. Thanks, Robb Mairs Environmental Specialist Il Division of Water Resources North Carolina Department of Environmental Quality 910 796.7303 office robb.mairs(a7ncdenr.gov https://deci.nc.goyJa_bnut/divisions/water-resources/water-resources-permits/wastewater-branch/401-wetlands-buffer- ��_ permits 127 Cardinal Drive Extension Wilmin ton, NC 28405 Email correspondence to and from this address is subject to the !North Carolina Public Records Law and may be disclosed to third parties. From: Rudy Dombroski [mailto:rudy@atdbuildinggroup.com] Sent: Wednesday, October 28, 2020 8:16 AM To: Mairs, Robb L <robb.mairs@ncdenr.gov> Subject: RE: [External] FW: Pre -Filing Meeting Request Acknowledgement - 1532 Sound Watch Dr. - 20071979 Ver 3 Do you have time for a quick call today? From: Mairs, Robb L <robb.mairs ncdenr. av> Sent: Tuesday, October 20, 2020 4:02 PM To: Rudy Dombroski <rudy@atdbuildinggroup.com>; MacPherson, Tara <tara.macphersonCcDncdenr.gov> Subject: RE: [External] FW: Pre -Filing Meeting Request Acknowledgement - 1632 Sound Watch Dr. - 20071979 Ver 3 Rudy, This is all I'll need for the pre -filing request to the NC Division of Water Resources. Thanks, Robb Mairs Environmental Specialist II Division of Water Resources North Carolina Department of Environmental Quality 910 796.7303 office robb.mairs(a7ncdenr.gov htt s: de .nc. ov about divisions water -resources water -resources- ermits wastewater -branch 401-wetlands-buffer- ep rm its 127 Cardinal Drive Extension Wilmin ion, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Rudy Dombroski [maiIto: rudy aWbuiidinggroup.com] Sent: Tuesday, October 20, 2020 3:34 PM To: MacPherson, Tara <tara.mac herson ncdenr, ov>; Mairs, Robb L <robb.mairs@ncdenr.gov> Subject: [Externa!] FW: Pre -Filing Meeting Request Acknowledgement - 1632 Sound Watch Dr. - 20071979 Ver 3 Ta ra I am working on getting the green slips for the certified mail deliveries. Attached is my Pre -Filing Meeting Request. ID#* 20071979 Version 3 Regional Office* Wilmington Regional Office - (910) 796-7215 Reviewer List* Robb Mairs Pre -Filing Meeting Request submitted 10/15/2020 Contact Name * Anthony Dornbroski Contact Email Address* Rudy@atdbuildinggroup.com Project Name * 1632 Sound Watch Dr. Project Owner* ATD Construction Project County* New Hanover Owner Address: Street Address 1632 Sound Watch Drive Address Line 2 City State r` Province 1 Flan Wilmington io Postal r Zip Cade Country 28409 United States Is this a transportation project?* C Yes >= No Type(s) of approval sought from the DWR: 401 Water Quality Certification - C 401 Water Quality Certification - Regular Express C Individual Permit C Modification C Shoreline Stabilization Does this project have an existing project ID#?* C Yes C No Please list all existing project ID's associated with this projects.* DWR #2007-1979 Do you know the name of the staff member you would like to request a meeting with? Robb Maim Please give a brief project description below.* RECEIVED OCT 2i l: J)CM WILMINGTON, IBC Signature Submittal bate 10/15/2020 RECEIVED 'DCM WILMINGTON, NC Krater Resouraces ENVIRONMENTAL QUALITY January 11, 2015 ATD Construction Mr. Anthony Dombroski III 2900 Middle Sound Loop Road Wilmington NC 28411 Subject Property: 1632 Sound Watch Drive - Wilmington PAT MCCRORY 1� DONALD R. VAN DER VAART S. JAY ZIMMERMAN New Hanover County DWR Project, 07-1979v2 Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Dornbroski, mom You have our approval, in accordance with the attached conditions and those listed below, to impact 0.091 acres (3,946 square feet) of 404 wetlands to construct a single family residence and a private docking facility as described within your application received by the Division on December 1, 2015. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 3900 (GC 3900). You should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non -discharge, and stormwater regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 Permit. This Certification can also be found on line at: htt: / oltal.ncdei3-r.or ,eb/w /sw /ws/401/ceitsand erinits. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, tl mo must be given a copy of this approval letter and General Certification and is i complying SEP 2`1 20?0 State of North Carolina I Environlnanlal Quality I Water Resources 1611 Mail service Center J Raleigh, North Carolina 27699-1611 DC M WILMINGTON, NC 919 707 9000 1632 Sound Watch Drive New Hanover County 2007-1979v2 with all conditions. Any new owner must notify the Division and request the Certification be issued in their name {15A NCAC 02H .0501 and .0502}. 2. Primary Nursery Area Please understand that the waters around your project area have been identified by the Division of Marine Fisheries as Primary Nursery Area (PNA). Should the need for dredging within the proposed project area arise in the future; please be aware that new dredging within a PNA is not allowed under 15A NCAC 02B .0221 and is a degradation of water quality standards and therefore considered a water quality violation. 3 Any final construction plans for this project must include or reference the application and plans approved by the Division under this authorization letter and certification. The applicant will also be required to evaluate all acquired permits to assure that they are consistent and all relative impacts are accounted for and shown on the construction plans. [15A NCAC 02H .0502 (b) and 15A NCAC 02H,0506(4)] The applicant shall require his contractors (and/or agents) to comply with all of the terms of this Certification, and shall provide each of its contractors (and/or agents) a copy of this Certification. 4. Turbidity Standard The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 2B .0220. Appropriate sediment and erosion control practices must be used to meet this standard. Turbidity curtains shall be used as appropriate. Please notify this Office if any turbidity issues arise at 910.796.7215 5. This General Certification shall expire on the same day as the expiration date of the corresponding General Permit. The conditions in effect on the date of issuance of the Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration of this Certification. 6. The permittee shall require its contractors and/or agents to comply with the terms of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project a copy of this certification. A copy of this certification including all conditions shall be available at the project site during the construction and maintenance of this project. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 7. Continuing Compliance: The applicant/permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with 303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal law. If the Division determines that such. standards or lanes are not being met, including failure to sustain a designated or achieved 1632 Sound Watch Drive New Hanover County 2007-1979v2 use, or that State or Federal law is being violated, or'that further conditions are necessary to assure compliance, than the Division may reevaluate and modify this General Water Quality Certification. [15A NCAC 02H .0507(d)] 8. All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permittee/contractor shall immediately contact the Division of Water Quality, between the hours of 8 am to 5 pm at the Wilmington Regional Office at 910.796.7215 and after hours and on weekends call (aoa) 85e-o368. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 02B .0200 (3)(f), and GS 143 Article 21A]. 9. Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(f)]. 10. This certification grants permission to the director, an authorized representative of the Director, or DEQ staff, upon the presentation of proper credentials, to enter the property during normal business hours 15A NCAC 02H,0502(e). 11. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant and/or authorized agent is required to return a completed certificate of completion form to the NCDEQ DWR 401 and Buffers Unit North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699 within ten days of project completion. The certification of completion is available at: hgp://portal.ncdenr.org/web/wq/swp/ws/401/certsandnerniits/appl ,/fj orms). Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. This approval and its conditions are final and binding unless contested. 'This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http://www,ncoab.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any 1632 Sound Watch Drive New Hanover County 2007-1979v2 applicable OA14 filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00 am and 5:00 pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service. Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending via delivery service (UPS, FedEx, etc). - Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DEQ: Sam M. Hayes, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please telephone Jennifer Burdette in the Central Office in Raleigh at 919.807.6364 or Jennifer. Burdette cr ncdenngoy or Chad Coburn in the DWR Wilmington Regional Office at 910.796.7379 or Chad.Coburn@�nederingoy. Sincerely, Jim re on, Regional Supervisor Water ality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ Enclosure: GC 3900 cc: Tyler Crumbley - USACE Wilmington Regulatory Field Office Heather Coats — DCM Wilmington WiRO We kc-sources ENVHf ONI7ENIAL 0L)ALITY DWR Project No: Applicant: Project Name: PAT MCCRORY t DONAL,D R. VAN DER VAART .,:(i!1'f, 0). S. JAY ZIMMERMAN 401 Water Quality Certification Issued Date: County: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the DWR 401 & Buffer Permitting Unit, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification 1, , hereby state that, to the best of my abilities, due care and diligence was: used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Agent's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: If this project was designed by a Certified professional I, as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permitee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: State Of%lorth Carolina I Environmental Quality J Water Resources 1611 Mail service Center I Raleigh, North Carolina 27699-1611 919 707 9000 Water Quality Certification No. 3900 LAMA PERMIT CERTIFICATION RULES) Water Quality Certification Number 3900 is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 96-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ) Regulations in 15A NCAC 02H .0500 and 15A NCAC 02B .0200 for the discharge of fill material to waters and wetland areas as described in General Permits 198000291, 198000045, 198700056, 197800080, 197800125, and 198200277, Nationwide Permits 3, 12, 13, 14, 18, 27, 29, 33, 35, 39, and 43, and for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 02B .0200. The State of North Carolina certifies that the specified category of activity will not violate applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 if conducted in accordance with the conditions hereinafter set forth. Actiivities meeting any one (1) of the following thresholds or circumstances require written approval for a 401 Water Quality Certification from the Division of Water Quality (the "Division" ): a) Activities authorized by CAMA major permits, except; i. Boat Pumps and associated access (i.e. roads and parking lots) that involve the excavation or filling of less than 500 square feet total of wetland and open water area, with the exception that the excavation or filling of coastal wetlands may not exceed 100 square feet; ii. Shoreline protection measures that tie into existing bulkheads, land or other shoreline protection measures or do not extend waterward of the normal high water line or normal water level more than 10 feet provided that.the activity will not involve the excavation or filling of any SAV or significant shellfish resources as identified by the Division of Marine Fisheries and Impacts less than 600 square feet total of wetland, with the exception that the excavation or filling of coastal wetlands may not exceed 100 square feet; iii. Piers and docks designed to accommodate up to but not exceeding 10 vessels . (except where prohibited in ORW Waters as defined in 15A NCAC 02B.0225(7)&(8)) and where the water depth is equal to or -greater than two feet of water at normal low water level or normal water level (whichever is applicable); iv. Maintenance dredging of less than 0.5 acres of open water or non -vegetated wetlands provided that the applicant can provide documentation showing the historic dimensions of the dredged channel, and no Submerged Aquatic Vegetation or shellfish beds are excavated or filled; v. Projects that involve only shading of waters or wetlands; vi, Utility lines, except wastewater lines and potable water discharge lines which are subject to an NPDES permit, as long as wetland or water impacts are temporary; vii. Upland development which involves no more than 1/10 of an acre of excavation or filling of non -coastal wetlands, with the exception than no more than 2,000 square feet of the non -coastal excavation or filling may take place within a Coastal Shoreline Area of Environmental Concern (AEC), For the purposes of this area calculation, the excavation or filling impacts of the entire project must be considered, which may include boat ramps, bulkheads or other shoreline RECEIVED Water Quality Certification No. 3900 SEP 2'l 2020 DCM WILMINGTON, NC Water Quality Certification No. 3900 stabilization measures, The applicant must comply with all applicable coastal stormwater rules; viii. Single family home construction that results in fill of 404 wetlands as long as written concurrence is not required from DWQ for the applicable Corps of Engineers Nationwide Permit; or b) Any'stream relocation; or c) Any impact associated with a Notice of Violation or an enforcement action for violation(s) of DWQ Wetland Rules (15A NCAC 02H .0500), Isolated Wetland Rules (15A NCAC 02H .1300), DWQ Surface Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC 02B .0200); or d) Any impacts to streams and/or buffers in the Neuse or Tar -Pamlico River Basins (or any other basin or watershed with Riparian Area Protection Rules [Buffer Rules] in effect at the time of application) unless the activities are listed as "EXEMPT" from these rules or a Buffer Authorization Certificate is issued through N.C. Division of Coastal Management (DCM) delegation for "ALLOWABLE" activities. In accordance with North Carolina General Statute 143-215.3D(e), written approval for a 401 Water Quality General Certification must include the appropriate fee. If a project also requires a CWA Permit, then one payment to both agencies shall be submitted and will be the higher of the two fees. Activities included in this General Certification that do not meet one of the thresholds listed above do not require written approval from the Division as long as they comply with the Conditions of Certification listed below. Activities authorized by Coastal Area Management Act (CAMA) General Permits do not require written approval from the Division as long as they comply with the Conditions ,of Certification listed below. If any of these Conditions cannot be met, then written approval from the Division is required. Conditions of Certification: No Impacts Beyond those Authorized in the Written Approval or Beyond the Threshold of Use of this Certification No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footpHtit of the impacts depicted in the Pre -Construction Notlficatioh,-as authorized in the written approval from -the Division or beyond the thresholds established for use of this Certification without written authorization, including incidental impacts, All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices shall be performed so that no violations of state water quality standards, statutes, or rules occur. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of this permit. 2. Standard Erosion and Sediment Control Practices Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices and if applicable, comply with the specific conditions and requirements of the NPDES Construction Stormwater Permit issued to the site: a) Design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor -owned or leased borrow pits associated with the project. Water Quality Certification No. 3900 Water Quality Certification No. 3000 b) For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. c) Reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. d) Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. e) If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS-I, WS-I1, High Quality (HQW), or Outstanding Resource (ORW) waters, then the sedimentation and erosion control designs must comply with the requirements set forth in 15A NCAC 04B ,0124, Design Standards in Sensitive Watersheds. 3. No Sediment and Erosion Control Measures in Wetlands or Waters Sediment and erosion control measures shall not be placed in wetlands or waters, Exceptions to this condition require application submittal to and written approval by the Division. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, then design and placement of temporary erosion contfol measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands, stream beds, or banks, adjacent to or upstream and downstream of the above structures. All sediment and erosion control devices shall be removed and the natural grade restored within two (2) months of the date that the Division of Land Resources (DLR) or locally delegated program has released the specific area within the project. 4. Construction Stormwater Permit NCG010000 An NPDES Construction Stormwater Permit is required for construction projects that disturb one (1) or more acres of land. This Permit allows stormwater to be discharged during land disturbing construction activities as stipulated in the conditions of the permit. If your project is covered by.this permit, full compliance with permit conditions including the erosion & _ p p P. 5 sedimentation control plan, inspections and maintenance, self -monitoring, record keeping and reporting requirements is required. A copy of the general permit (NCG010000), inspection log sheets, and other Information may be found at hl!12.-Hportal.ncdenr.org/web/wq/ws/su/npdessw#tab7.w, The North Carolina Department of Transportation (NCDOT) shall be required to be in full compliance with the conditions related to construction activities within the most recent version of their individual NPDES (NCS000250) stormwater permit. 5. Construction Moratoriums and Coordination If activities must occur during periods of high biological activity (i.e. sea turtle nesting, fish spawning, or bird nesting), then biological monitoring may be required at the request of other state or federal agencies and coordinated with these activities. All moratoriums on construction activities established by the NC Wildlife Resources Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries (DMF), or National Marine Fisheries Service (NMFS) to lessen impacts on trout, anadromous fish, larval/post-larval fishes and crustaceans, or other aquatic species of concern shall be implemented. Exceptions to this condition require written approval by the resource agency responsible for the given moratorium. Water Quality Certification No. 3900 Water Quality Certification No. 3000 Work within the twenty-five (25) designated trout counties or identified state or federal endangered or threatened species habitat shall be coordinated with the appropriate WRC, USFWS, NMFS, and/or DMF personnel. 5. Dredging shall not cause Shellfish Closures The effluent water from the dredge spoil should not be released into open shellfish waters. Shellfish Sanitation and the Division of Water Quality must be notified if this is to occur. 7. Work in the Dry All work in or adjacent to stream waters shall be conducted so that the flowing stream does not come in contact with the disturbed area. Approved best management practices from the most current version of the NC Sediment and Erosion Control Manual, or the NC DOT Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize excavation in flowing water. Exceptions to this condition require application submittal to and written approval by the Division. 8. Riparian Area Protection (Buffer) Rules Activities located in the protected riparian areas (whether jurisdictional wetlands or not), within the Neuse, Tar -Pamlico, or Catawba River Basins or in the Randleman, Jordan, or Goose Creek Watersheds (or any other basin or watershed with buffer rules) shall be limited to "uses" identified within and constructed in accordance with 15A NCAC 02B .0233, .0259, .0243, .0250, .0267 and .0605, and shall be located, designed, constructed, and maintained to have minimal disturbance to protect water quality to the maximum extent practicable through the use of best management practices. All buffer rule requirements, including diffuse flow requirements, must be met. 9. If concrete is used during the construction, then all necessary measures shall be taken to prevent direct contact between uncured or curing concrete and waters of the state. Water that inadvertently contacts uncured concrete shall not be discharged to waters of the state due to the potential for elevated pH and possible aquatic life/ fish kills. 10. Compensatory Mitigation In accordance with 15A NCAC 02H .0506 (h), compensatory mitigation may be required for losses of equal to or greater than 150 linear feet of streams (intermittent and perennial) and/or equal to or greater than one (1) acre of wetlands. For linear public transportation projects, Impacts equal to or exceeding 150 linear feet per stream shall require mitigation. Buffer mitigation may be required for any project with Buffer Rules in effect at the time of apprication for activities classified as "Allowable with Mitigation" or "Prohibited" within the Table of Uses. A determination of buffer, wetland, and stream mitigation requirements shall be made for any General Water Quality Certification for this Nationwide and/or Regional General Permit. Design and monitoring protocols shall follow the US Army Corps of Engineers Wilmington District Stream Mitigation Guidelines (April 2003) or its subsequent updates. Compensatory mitigation plans shall be submitted to the Division for written approval as required in those protocols. The mitigation plan must be implemented and/or constructed before any impacts occur on site. Alternatively, the Division will accept payment into an in -lieu fee program or a mitigation bank. In these cases, proof of payment shall be provided to the Division before any impacts occur on site. Water Quality Certification No. 3900 4 Water Quality Certification No. 3900 11 _ Placement of Culverts and Other Structures in Waters and Wetlands Culverts required for this project shall be designed and installed in such a manner that the originat stream profiles are not altered and allow for aquatic life movement during low flows. Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal profile) must be maintained above and below locations of each culvert. Placement of culverts and other structures in waters and streams must be below the elevation of the streambed by one foot for all culverts with a diaheter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow low flow passage of water and aquatic life. When topographic constraints indicate culvert slopes of greater than 5%, culvert burial is not required, provided that all alternative options for flattening the slope have been investigated and aquatic life movement/ connectivity has been provided when possible (rock ladders, crossvanes, etc). Notification to the Division including supporting documentation to include a location map of the culvert, culvert profile drawings, and slope calculations shall be provided to the Division 60 days prior to the installation of the culvert. When bedrock is present in culvert locations, culvert burial is not required provided that there is sufficient documentation of the presence of bedrock. Notification to the Division including supporting documentation such as, but not limited to, a location map of the culvert, geotechnical reports, photographs, etc shall be provided to the Division a minimum of 60 days prior to the installation of the culvert. If bedrock is discovered during construction, then the Division shall be notified by phone or email within 24 hours of discovery. If other site -specific topographic constraints preclude the ability to bury the culverts as described above and/or it can be demonstrated that burying the culvert would result in destabilization of the channel, then exceptions to this condition require application submittal to, and written approval by, the Division of Water Quality, regardless of the total impacts to streams or wetlands from the project. Installation of culverts in wetlands must ensure continuity of water movement and be designed to adequately accommodate high water or flood oonditions. Additionally; when roadways, causeways, or other fill projects are constructed across FEMA=deslgnated floodways or wetlands, openings such as culverts or bridges must be provided to maintain the natural hydrology of the system as well as prevent constriction of the floodway that may result in destabilization of streams or wetlands. The establishment of native, woody vegetation and other soft stream bank stabilization techniques must be used where practicable instead of riprap or other bank hardening methods. 12. All temporary fill and culverts shall be removed and the impacted area returned to natural conditions within 60 days of the determination that the temporary impact is no longer necessary. The impacted areas shall be restored to original grade, including each stream's original cross sectional dimensions, plan form pattern, and longitudinal bed and bed profile, and the various sites shall be stabilized with natural woody vegetation (except for the approved maintenance areas) and restored to prevent. erosion. 13, Ali temporary pipes/ .culverts/ riprap pads etc, shall be installed in all streams as outlined in the most recent edition of the North Carolina Sediment and Erosion Control Planning and . Design Manual or the North Carolina Surface Mining Manual so as not to restrict stream flow or cause dis-equilibrium during use of this General Certification. Water Quality Certification No. 3900 5 Water Quality Certification No. 3999 14. Any riprap required for proper culvert placement, stream stabilization, or restoration of temporarily disturbed areas shall be restricted to the area directly impacted by the approved construction activity. All rip -rap shall buried and/or "keyed in" such that the original stream elevation and streambank contours are restored and maintained. Placement of rip -rap or other approved materials shall not result in de -stabilization of the stream bed or banks upstream or downstream of the area. 15, Any rip -rap used for stream stabilization shall be of a size and density so as not to be able to be carried off by wave, current action, or stream flows and consist of clean rock or masonry material free of debris or toxic pollutants. Rip -rap shall not be installed in the streambed except in specific areas required for velocity control and to ensure structural integrity of bank stabilization measures. 16. If this Water Quality Certification is used to access building sites, then all lots owned by the applicant must be buildable without additional impacts to streams or wetlands. The applicant is required to provide evidence that the lots are buildable without requiring additional impacts to wetlands, waters, or buffers if required to do so in writing by the Division. For road construction purposes, this Certification shall only be utilized from natural high ground to natural high ground. 17. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters, and protective buffers within the project boundaries in order to assure compliance for future wetland, water, and buffer impact. These mechanisms shall be put in place at the time of recording of the property or of individual lots whichever is appropriate. A sample deed notification can be downloaded from the Division's web site at httc'//portal nedenr orrc/web/wgfswp/ws/401/certsandpermits/ap�i /��.forri . The text of the sample deed notification may be modified as appropriate to suit to a specific project. Documentation of deed notifications shall be provided -to the Division upon request. 1 B. If an environmental document is required under the National or State Environmental Policy Act (NEPA or SEPA), then this General Certification is not valid until a Finding of No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State Clearinghouse. 19. in the twenty (20) coastal counties, the appropriate DWQ Regional Office"must be contacted to determine if Coastal Stormwater Regulations will be required. 20. This General Certification does not relieve the applicant of the responsibility to obtain all other required Federal, State, or Local approvals. 21. The applicant/permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal Law. If the Division determines that such standards or laws are not being met, including failure to sustain a designated or achieved use, or that State or Federal law is being violated, or that. further conditions are necessary to assure compliance, then the Division may reevaluate and modify this General Water Quality Certification. 22. When written authorization is required for use of this certification, upon completion of all permitted impacts included within the approval and any subsequent modifications, the applicant shall be required to return the certificate of completion attached to the approval. One copy of the certificate shall be sent to the DWQ Central Office in Raleigh at 1660 Mail Service Center, Raleigh, NC, 27699-1650. 23. Additional site -specific conditions, including monitoring and/or modeling requirements, may be added to the written approval letter for projects proposed under this Water Quality Water Quality Certification No. 3900 10 Water Quality Certification No. 3900 Certification in order to ensure compliance with all applicable water quality and effluent standards. 24. This certification grants permission to the director, an authorized representative of the Director, or DENR staff, upon the presentation of proper credentials, to enter the property during normal business hours. This General Certification shall expire on the same day as the expiration date of the corresponding Nationwide and/or Regional General Permit. The conditions in effect on the date of issuance of Certification For a specific project shall remain in effect for the life of the project, regardless of the expiration date of this Certification. Non-compliance with or violation of the conditions herein set forth by a specific project may result in revocation of this General Certification for the project and may also result in criminal and/or civil penalties. The Director of the North Carolina Division of Water Quality may require submission of a formal application for Individual Certification for any project in this category of activity if it is determined that the project is likely to have a significant adverse effect upon water quality, including state or federally listed endangered or threatened aquatic species, or degrade the waters so that existing uses of the wetland or downstream waters are precluded. Public hearings may be held for specific applications or group of applications prior to a Certification decision if deemed in the public's best interest by the Director of the North Carolina Division of Water Quality. Effective date: March 19, 2012 DIVISION OF WATER QUALITY By `� Charles Wakild, RE Director History Note: Water Quality Certification (WQC) Number 3900 issued March 19, 2012 replaces WQC Number 3641 and 3642 issued March 19, 2007; WQC Numbers 3371 and 3400 issued March 18, 2002; WQC Number 3274 issued June 1, 2000; WQC Number 3112 issued February 11, 1997, and WQC Number 3025 issued September 6, 1995. This General Certification is rescinded when the Corps of Engineers reauthorizes any of the corresponding Nationwide and/or Regional General Permits or when deemed appropriate by the Director of the Division of Water Quality. Water Quality Certification No. 3900 7 NEW HANOVER COUNT' PLANNING & INSPECTIONS DEPARTMENT 230 GovERNMENT CENTER DRIVE, SITE 110 WILNUNGTON, NORTH CAROLINA 28403 TELEPHONE (910) 798-7165 FAX (910) 798-7053 Chris O'Keefe, AICP Dennis Bordeaux Ken vafier, AICP Planning & Inspections Inspections Manager Planning Manager Director October 20, 2014 Southern Bank & Trust Company c/o Rudy Dombroski 2900 Middle Sound Loop Road Wilmington, NC 28411 RE: 1632 Sound Watch Drive Case No. ZBA-886 Dear Mr. Dombroski: This is to officially advise you that the New Hanover County Zoning Board of Adjustment, at the September 23, 2014 ineeting, granted the variance request from New Hanover County Zoning Ordinance Seefion 55.1-5, Additional Pe,rfor mange Controls, in order to allow an encroachment of 15' into the required 75' Conservation Overlay District (GOD) setback.. The approval is contingent upon the following conditions: - Applicant must incorporate all recommendations for stormwater best management practices by staff, - The footprint on the submitted and approved site plaza may not be altered. A copy of the Board's Order is enclosed. Any appeal from this decision must be filed with the Clerk of Superior Court within 30 days of receipt of this notification. Should you have any questions concerning this decision of the Board, please call me at (910) 798- 71I8. Sincerely, Kenneth E. Vafi er, AICP Executive Secretary, Zoning Board of Adjustment STATE OF NORTH CAROLINA '::� COUNTY OF NEW HANOVER ZONING BOARD OF ADJUSTMENT IN RE: APPI:[CATION OF CASE NO. ZBA-886 Southern Bank & Trust Company ORDER GRANTING VARIANCE 1632 Soundwatch Drive The Board of Adjustment for the County of New Hanover, having held a public hearing on September 23, 2014 to consider application number ZBA-886, submitted by Southern Bank & Trust Company, a request for a variance to use the property located at 1632 Soundwatch Drive in a manner not permissible under the literal terms of the ordinance and having, heard all the evidence and arguments presented at the hearing, makes the following FINDINGS OF FACT and draws the following CONCLUSIONS: l . The Board finds that if the applicants comply with the literal terms of the ordinance, the applicant cannot secure a reasonable return from their property. Specifically, the Board finds that compliance with the literal terms of the ordinance would impose an unnecessary hardship on the applicant because it would not allow for construction of a typically sized dwelling on a waterfront lot in the upscale subdivision where the property is located. 2. The Board finds that the hardship in which the applicants complain results from unique circumstances related to the applicant's land. Staff finds, and Board agrees, that the applicants land does contain unique circumstances related to the applicants land; however, they may have been created by a previous owner as a result of mitigation for a previous environmental violation. The Board finds that the hardship is not the result of the applicant's own actions. Specifically, the topographic and environmental features located on this site are not the result of the applicants oven actions. 4. The Board finds that if granted, the variance will be in harmony with the general purpose and intent of the ordinance and will preserve its spirit. Staff finds, and the Board agrees, that if granted, the variance will be in harmony with the general purpose and intent of the ordinance and will preserve its spirit should mitigation methods such as rain gardens, pervious pavement, or other stormwater management systems be required as conditions of approval_ 5. The Board finds that the variance will secure the public safety and welfare and will do substantial justice. Staff finds, and the Board agrees, that if granted, the variance will have no effect on public safety. With the proposed mitigation measures, substantial justice will have been done. THEREFORE, on the basis of all the foregoing, IT IS ORDERED that the application for a VARIANCE be GRANTED from New Hanover County Zoning Ordinance Section 55.1-5, Additional Performance Controls, in order to allow a 15' encroachment into the COD setback, as specified in the submitted application. This variance is also subject to the following conditions: - Applicant must incorporate all recommendations for stormwater best management practices by staff; - The footprint on the submitted and approved site plan may not be altered. ORDERED this 23rd day of September , 2014 Vice -Chairman xecutiveSecre ary to the Board Ile, (Print) G *rrLt � V41 " (print) U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2000-01339-065 County: New Hanover U.S.G.S. Quad: Carolina Beach NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Agent: Clarke & Nichole Speaks Address: PO Box 2823 Wilmin ton NC 28402 FF-CCQVL�� Telephone No.: 910-540-7570 Property description: Size (acres) 1.0 Nearest Town Wilmington Nearest Waterway Atlantic Intracoastal Waterway River Basin Cape Fear USGS HUC 03030001 Coordinates N 34.1180 W 77.8780 Location description The property is located at 1632 Sound Watch Drive Lot 8 in the Intracoastal Watch residential community, in wetlands adiacent to the Atlantic Intracoastal Waterway, southeast of Wilmington, NC. 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). B. Approved Determination X There are Navigable Waters of the United States within the above described property subject 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 years 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 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. _ 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. _ The wetland on your property have been delineated and the delineation has been 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 upon for a period not to exceed five years. X 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 11/2/2007. 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 published regulations, this determination may be relied upon for a period not to exceed five years frgm the date of thfs ; notification. Page 1 of 2 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 Wilmington, NC at (910) 796-7215 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 Jennifer Frye at 910-251-4923. C. Basis For Determination This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual and is adiacent to the Atlantic Intracoastal Waterway, a Navigable Water of the U.S. This site is also adjacent to the AIWW, with exhibits a Mean Hieh Water Mark and is tidally influenced. This determination is based on information submitted by SEG. Inc. and a site visit by Jennifer Frye on 8/21/2007. D. Remarks Please note that issuance of this Jurisdictional Determination does not constitue resolution of existing violations (33 USC 1311) on the subject properly, E. 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: District Engineer, Wilmington Regulatory Division Attn:lennifer Frye, Project Manager, Wilmington Regulatory Field Office Post Office Box 1890 Wilmington, North Carolina 28402-1890 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 that it has been received by the District Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by 1/2/2008. **It is not necessary to submit an RFA form to the District Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: Date 11/02/2007 Expiratio�Date �11/02/2�012 Action Id. SAW-2000-01339-065 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, plcasc complete the attached customer Satisfaction Survey or visit http://www.saw.usace.army.miI/WETLANDS/index.hti-nl to complete the survey online. Copy furnished: Chad Coburn, DENR-DWQ, Wilmington Regional Office, 127 Cardinal Drive En, Wilmington, NC 28405 Southern Environmental Group, Inc. 5315 College Road Suite E, Wilmington, NC 28412 Robb Mairs, DENR-DCM, Wilmington Regional Office, 127 Cardinal Drive Ext., Wilmington, NC 28405 Page 2 of 2 - - L O 1 U Lw- o Ln >- ��� o :zLLJ p a Lf} Ln > �� �LL-1� w¢z ujO �ao6R w F u-i Q CJ d z C) Q o O n w �u1 =� Oom0-Lu o U�2 �i �� am Eo� or o� w w z ra[ U z Q un op = l- LU - V V-O K 13 a W LLfJ w z Il.o.41 y O O;LU U h LLJ tL4 z J_ w 11 (L U)w OLU p O D/ Lu : ` f- Q O Luz � i Q _j .) � OQ Cf� 1- 0 0 >� > b U r o Ell n o' o mi o = cc) �, O w uj� emu= z w O� lOd�y U) J Cj I�`<<�+iiis1sts�a > O u � � ¢ u� L � E C, !L U1 In C) b 00 U OQ r 'n °O C.b� b S b � LLJ Ca d ULU 7 Q O U O o�nz ¢ U i 1 N1el /7 Lllz 1.23 �+i � L J 1 Uw -3 U- — � Q �`` L 13 _ _ Q c\j U) +I �Y1Qp z ep N o OUm Q O A cm +1 O � w U N r M z 1� Q +1 LO ' c9 o LF) +i v cv F-- LU Q¢w > w Ln m0 Ln UVD w - du Lu O L n m 4 �A 0 N 67l dr m n L a � m U) 7 Z _ �00 0� N M„Gt-, m m iLr Lu aj N Q� r � m m m m m mr�omm-om,n-,r,'n �r�n_,n'tv N i'r5 N N Ih N V' Ifi s!f N N N_ N- N Q W N 00 Q- Q - - N OW to w w w w u.i �? w w 3 w w iu r �} z z it o in i� o i� m � z � N mO�nm u�ro �`� N mio' V' Ih N 1p �t � - � N tr) �S u� p O uti nl n sr1 r W V m j� n t` `� P N V' N N _u, s m r,m ro o-N� uJ O (V Q) Ol Q aV' 7 O N O c+l a� to O N �s O �t al n nu�cnU,J)f)zz(r) zza)z nMZZ V zzz zzUlz Y � Q i O LL ca o �II ylI LU 53001 G'2G"W 1 9 30`D.E UT1tI1-YEA5EMENT1 LOT 7 I I m O (V O m z +1 �on�� N Lf j Y� (n N N o O g IT U D U- U CQ YL 0 o o a0 Qa� 0P:DZ z ODZ CD U )� LLj z�'go co +� LL- {n -j �QzZ ai F- F- Q LULU LU � Lu Z OC O:OwOw LU_ u =uLAC)rzo u-)w0 O- N cf) z Z O N m Q So az OOo LLj C ~ N Q U-i m J W UJ 0 0 K o JP U �O O� z > O Lufl I� N _ '� w O II O =o o- zT N Q z 2 q W � - U O W CL U-i {) z Z _ C) W UU Q cz �> a/� ❑ O� LLW U �(J)_ <O O Lu W ❑Uz CZ a CZ 0 L cV � Umco �0 0 O - o 0 m z O Q Lu Z O N m I to U itr rh (a m U)z o0 z z 0LL a N LLJ :i z CLu1r:r ,rram� 7 Z Vl � to Z ROY COOPER I ­II !n" MICHAEL S. REGAN S°irunr BRAXTON DAVIS iJirrcmr. I)wwon of Coogal Manageme November 9, 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@NCDEN R.gov SUBJECT: CA MA /Dredge & Fill Applicant: ADT Construction c/o Anthony Dombroski Project Location: 1632 Sound Watch Dr., adjacent to Myrtle Grove Sound/AIWW in Wilmington, New Hanover County Proposed Project: Proposal to construct a single family residence, driveway culverts, bulkheads and landscape retaining walls with associated 404 wetland fill and a private pier with kayak dock. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Weychert at the address above by December 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 TAMMY THEUSCH BEASLEY REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 Filed For Registration: 12130/2014 03.19.36 PM Book. RE 5860 Page: 322-325 Document No 2014034906 4 PGS $26.00 NC REAL ESTATE EXCISE TAX: $400.00 Recorder: HUGHLEY, CAROL State of North Carolina, County of New Hanover PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT. *2014034906* 2014034906 4C COUNTY N 0 R U CAROLINA I certify that the following person .personally appeared before me this day and acknowledged to me that he/she signed the foregoing document for the purpose stated therein and in the capacity indicated therein: 1)9,z R IE-1 Its , jr as E-11P & Fp on behalf of Southern Bank and Trust Company Date - -�?-e / (Official Seal) `''I�tI Ef P . . 760390-UU373 ND 4817-8575-6193, v 1 -�. PX44-1 Signature otary Public E�Pa-rks , Notary Public Printed or typed name My commission expires 5- S - z 0Me 2014034906 FOR REGISTRATION REGISTER OF DEEDS TAMMY T11EUSC11 8ER5LEY NEW HANOVER COUNTY, NC 2014 DEC 3a 03 S9 36 PM BK 58H PG 322-325 FEE $26 00 NC REV STAMP $400 00 MINX # MEN SPECIAL WARRANTY DEED Tax Parcel No R07912-007-009-000 Return to IS, Price Revenue Stamps: $400 00 ❑ If checked, the property includes the primary residence of at least one of the parties depicted as party of the first part (Id C Gent Stat § 105-317 2) STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER THIS SPECIAL WARRANTY DEED, made and entered into this the 29th day of December, 2014, by and between SOUTHERN BANK AND TRUST COMPANY, successor by merger to The Heritage Bank, having an address of 116 East Main Street, Mount Olive, North Carolina 28365, party of the first part; and ANTHONY T DOMBROSKI, JR. and ANN M DOMBROSKI, having an address of 1632 Soundwatch Drive, Wilmington, North Carolina 28409, party of the second part; WITNESSETH: That the party of the first part in considcration of the sum of Ten and 001100 Dollars ($10 00) and other good and valuable consideration paid to the party of the first part by the party of the second part, the receipt and sufficiency of which hereby are acknowledged, has granted, bargained, sold and conveyed and by these presents does grant, bargain, sell and convey unto the party of the second part, said parWs successors and assigns, the following described property to wit: Prepared by. WARD AND SMITH, P.A., 120 West Fire Tower Road, Post Office Box 8088, Greenville, NC 27835-8088 Attention Kimberly E Les, Esq. ��++�� No opinion on title is rendered by WARD AND SMITH, P.A., without a separate writteizQQ �p3i 'nVgD title from WARD ARID SMITH, P A. OCT 13 ?V DCM WILMINGTON, NC Generally described as certain real property, with any and all nmprovemeats thereon, located in New Hanover County, North Carolina, and being more particularly described as follows: BEING all of Lot 8, Intracoastal Watch as the same is shown on a map recorded in Map Book 36, Page 27, of the New Hanover County Registry, reference to which is hereby made for a more particular description. TOGETHER with a portion of a twenty foot -wide access easement crossing Lot 9 of Intracoastal Watch for the benefit of Lot 8 Intracoastal Watch as recorded in Map Book 37 at Page 329 Together with all additional rights, title, and interests of Grantor conveyed and described in the Trustee's Deed recorded in Book 5568, at Page 645 m the office of the Register of Deeds of New Hanover County. This is the same property described in the Trustee's Deed recorded in Book 5568, at Page 645 -in the office of the Register of Deeds of New Hanover County TO HAVE AND TO HOLD said property and all privileges and appurtenances thereunto belonging to the party of the second part, said party's successors and assigns, forever And the party of the first part covenants that said party has done nothing to impair such title to the aforesaid property as was received by said party and agrees to warrant and defend the title to said property against the lawful claims of all persons claiming by, through or under said party, except for any restrictions and encumbrances set forth above, but no further IN TESTIMONY WHEREOF, the party of the first part has caused this instrument to be executed with authority duly given in such form as to be binding, this the day and year first above written. SOUTHERN BAND AND TRUST COMPANY By- &Z. �� J� Printed Name: Oft vi-z" 5 .7 &1 Position GU P I, VERNON DEREK DANFORD, CERTIFY THAT THIS PROPERTY WAS SURVEYED AND MAP DRAWN UNDER MY SUPERVISION: DESCRIPTION AS SHOWN ON THE FACE OF THIS PLAT; RA110 OF PRECISION AS CALCULATED BY COMPUTER IS 1;10,OOCL; THAT THE BOUNDARIES NOT SURVEYED ARE SHOWN BY BROKEN LINES PLOTTED FROM INFORMATION REFERENCED; THAT THIS PLAT WAS PREPARED IN ACCORDANCE WITH 'THE STANDARDS OF PRACTICE FOR LAND SURVEYING IN NORTH CAROLINA'; WITNESS MY ORIGINAL SIGNATURE, LICENSURE NUMBER ANDS THIS 51H DAY OF AUGUST A,D, 2015, VERNON DEREK IIIANFORD I `,►11�MMIMIIII� N.G. PIS N4. L-4528 `x CA0 *1,��' = S E A L l L-4528 Oz I ' N67'S0� TAN. 38. 147.62- N50•23'23 ' ©UNWATCH93 2? uar 53.63' - (PRrvArDRIVE N83.04'07"W �- R/W) i N01'54'20"E f 17.35' r JOSEPH E. VANERON LOT 7 INTRACOASTAL WATCH cfl MS 36 PG 27 INC DB 2547 PG 296 � Io ! cn w I cn rs M SEWER PUMP SITE INTRACOASTAL WATCH R07912-007-021-000 DB 5330 PG 1728 SUWU REFERENCE DEED BOOK 5568 PAGE 645 MAP BOOK 36 PAGE 27 CERTIFICATE FOR THE U.S. CORPS OF ENGINEERS: *THIS CERTIFIES THAT THIS COPY OF THIS PLAT ACCURATELY DEPICTS THE BOUNDARY OF THE JURISDICTION OF SECTION 404 OF THE CLEAN WATER ACT AS DETERMINED BY THE UNDERSIGNED ON THIS DATE. UNLESS THERE IS A CHANGE IN THE LAW OR OUR 'UBLISHED REGULATIONS, THIS DETERMINATION OF SECTION 404 JURISDICTION MAY BE RELIED UPON FOR A PERIOD NOT TO EXCEED IVE YEARS FROM THIS DATE. THIS DETERMINATION WAS MADE JTIUZING THE APPROPRIATE REGIONAL SUPPLEMENT TO THE 1987 CORPS OF ENGINEERS WETLANDS DELINEATION MANUAL" SIGNATURE OF U. S. ARMY CORPS OF ENGINEERS OFFICIAL )ATE 20' PRIVATE ACCESS EASEMENT (MB 36 PG 27) EXISTING - - ACCESS EASEMENT DB 4505 PG 761 S58' 58' 17"E 140.67 S49 7 0. 7_ x17'01 x �`104 7)c1 0 AN{ -A rUK I'KtStKVAI IUN z' IU 2 OB 5403 PG 2496 S66'26'51"F- 3 �L22 4 L21 C I5.0' 215.91' (404 T4E) 196.97' 1 12.85' S59'02'03"E 408.89' (TO NHWL t3 1 = IRON PIPE/ROD IPS = IRON PIPE SET E1P = EXISTING IRON PIPE p = CONCREFE MONUMENT = C94TERUNE = COASTAL WETLANDS COD RESOURCE �= DROP INLET 404 WETLANDS PRESERVATION AREA = 404 WETLANDS DANFORD40021/201_FANDF_R]DRIVE & ASSOCIATES IN TON, WILh?INGTN, NC: 28403 LAND SURVEYING, P.C. PHONFOIa)199-4916 FIRM LICE C-2797 email: ddanford®danfordsurveying.com 60' C.O.D. SETBACK (15' VARIANCE GRANTED) OCT. 20, 2014 CASE NO. ZBA-886 N/F Andrew & Kimberly Simpson DB 6267 PG 635 NOTES: 1. THIS LOT IS SUBJECT TO ALL EASEMENTS, RESTRICTIONS, OR COVENANTS OF RECORD. 2. THIS LOT FALLS ENTIRELY IN 575' ORW SHORELINE AEC SETBACK. 3, 404 WETLANDS DELINEATED BY JENNIFER FRYE WITH THE US ARMY CORPS OF ENGINEERS IN JUNE 2014. 4. THIS LOT IS LOCATED IN ZONE VE (ELEV 15) FIRM COMMUNITY PANEL # 370168 3143 J DATED: APRIL 3, 2008 NOTE: VERIFIED BY "T'ARA MACPHERSON JULY 2, 2020 7 iHO��M OC SOUND A WfE S ey CT O ?®S-q� Site �o 0 /v �P � C� KlyOtt OR CP H4GKORY cr LOCATION MAP I NOT TO SCALE AREA TABLE DESCRIPTION SQ. Fr. ACRES UPLANDS 4,297 0,099 404 WETLANDS 29,464 0.676 COASTAL WETLANDS 7,881 C.181 LOT TOTAL 41,642 0.956 NORMAL FLAGGED HBYHROBBE MAIRS �� �R UNEx/ST�HG p FIELD REPRESENTATIVE, Q n zj r � R INC DIVISION OF COASTAL MANAGEMENT ON JULY 15, 2014 c, x� j LOT 9 z' � '� cv J INTRACOASTAL WATCH �+ MB 36 PG 27 p r%° 4 O EDWARD K. CARTER cn r " Z 08 5700 PG 2228 L 'n� `J IN1ML FLIa hi co Q J 0.97' TO NHWL STAM S co z 58' bl- 83.72' � rl c - ~ - f <r cv \ "L I z �Lc! � 0 8 °� C.O.D. AR A � ,I, I r) N'` L6 "�Iv` "wfz FO�yNO�I 99.07' �- - ap 3`S9 ! . 19. UPPER EDGE OF ' 6,�p� F EX1STlT10 PIER RESOURCE FLAGGED BY PATRICIA ROBERTS NEW HANOVER COUNTY ZONING COMPLIANCE OFFICIAL ON JULY 7, 2014 NOTE: VERIFIED BY TARA MACPHERSON "EXISTING CONDITIONS" JULY2,2020 404 JURISDICTIONAL BOUNDARY SURVEY ATID CONSTRUCTION LOT 8 INTRACOASTAL WATCH MAP BOOK 36 PAGE 27 1632 SOUNDWATCH DRIVE PARCEL ID # R07912-007-009-000 DEED BOOK 5568 PACE 645 MASONBORO TOWNSHIP NEW HANOVER COUNTY, N.C. LINE TABLE NORMAL HIGH WATER LINE LINE BEARING LENGTH L1 S06'32'36"W 20.04' L2 S8324'49"W 23.76' L3 535-55'04"W 15.29' L4 518119'05'W 17.26' L5 NB8'41'21"W 47.50' L6 541'17'39"E 22.03' L7 S30'57'42"W 2.83' COD LINE LINE BEARING LENGTH L8 S67118'07"'N 17.12' L9 S25'46'58"W 19.22' L10 S1324'53"E 13.43' L11 S21*03'34'W 11.72' L12 S51-47'11'W 24.36' L13 N58'16'16'W 25.63' L14 S79-41'10"W 15.81 404 WETLANDS LINE LINE BEARING LENGTH L15 S73'48'40"E 10.03' L16 S53'19'37"E 48.04' L17 343'34'51 "E 38.24' L18 S30'06'51 "W 36.42 L19 N72'19'30"W 23.41' 1-20 N20'13'38'W 12.39' L21 N5T58'14"W 29.68 L22 N5425'00'V 33.47' L23 N 17'07' 13"E 10.89' L24 N36'33'06'E 32.78' SHEET 1 OF 10 AUGUST 5, 2015 50 0 30 60 120 1 INCH � 60 FEET DANFORD & ASSOCIATES LAND SURVEYING, PC OCT 16 2020 I, VERNON DEREK DANFORD, CERTIFY THAT THIS PROPERTY WAS SURVEYED AND MAP DRAWN UNDER MY SUPERVISION: DESCRIPTION AS SHOWN ON THE FACE OF THIS PLAT; RATED OF PRECISION AS CALCULATED BY COMPUTER IS 1:10,000+; THAT THE BOUNDARIES NOT SURVEYED ARE SHOWN BY BROKEN LINES PLOTTED FROM rnwuirwiwn w�u+ ®= 404 WEIiANDS DANFORD400P 1/201-EANDER DRIVE SUITE 209 & ASSOCIATES WII_MI1v'GTO N, NC 28403 LAND SURVFYING, P,C. PHONE (910) 799-4916 FIRM LIC4 C-2797 email: ddanford®danfordsurveying.com Mi, THIS LOT IS SUBJECT TO -ALL "EXISTING CONDITIONS" SPOT SHOT ELEVATIONS FOR ATID CONSTRUCTION LOT 8 INTRACOASTAL WATCH MAP BOOK 36 PAGE 27 1632 SOUNDWATCH DRIVE PARCEL ID # R07912-007-009-000 DEED BOOK 5568 PAGE 645 MASONBORO TOWNSHIP NEW HANOVER COUNTY, N.C. rya'gN eo W E f m hqT S az �a 4R ki„ PC7 �Orgl site �o Oqk ' �Q �?. - R7 NIGKQRY lSNQLL 0R i v LOCATION MAP I NOT TO SCALE AREA TABLE SCRIPTION SQ. FT. ACRES UPLANDS 4,297 0.099 4 WETLANDS 29,454 0.676 TAL WETLANDS 7,881 0.181 T TOTAL 41,642 0.956 LINE TABLE NORMAL HIGH WATER LINE LINE BEARING LENGTH L1 S0632'36'W 20.04' L2 S83'24'49"W 23,76' L3 535'55'04" w 15.29' L4 S 1 E' 19'05"W 17.26' L5 N88'41'21'W 47.50' L6 541'17'39"E 22.03' L7 S30'5T42'W 2.83' 000 LINE LINE BEARING LENGTH L8 S67'18'07"W 17.12' L9 S25'46'58" W 19.22' L10 S13'24'53"E 13.43' L11 S21'03'34"W 11.72' L12 S61'47' 11 "W 24.36' L13 N88716-16"W 25.63' L14 S79'41'10"W 1 15.81' 404 WETLANDS LINE LINE BEARING LENGTH L15 S73'48'40"E 10.03, L16 S53'19'37"E 48.04' L17 S43'34'51 "E 38,24' L18 S30'06'51"W 36.42 1-19 N72'19'30'W 23.41' 1-20 N20`13'38"W 12.39' L21 N57T-58'14"W 29.68' L22 NW25'00'V 33.4-7' L23 N 17'07' 13"E 10.89' L24 N36'33'06"E 32.78' SHEET 2 OF 10 MAY 12, 2015 60 0 30 60 120 mmmmmmi 1 INCH = 50 FEET DANFORD & ASSOCIATES LAND SURVEYING, PC n C T 16 2020 SEPTEMBER 25, 2015 CA P0, ���' • Ess� S E A L <,q� LL�-4s2e p f 9 ` III ARNON DEREKIDANKE N.C. PLS No. L-4528 NORMAL HIGH WATER LINE LINE BEARING LENGTH L1 S06'32'36"W 20A4' L2 S83'24'49'W 23.76' L3 S35-56'04'W 15.29' L4 S18'19'05"W 17,26 L5 N88'41'21"W 4-7.50' L6 S41' 17'39"E 22.03' L7 530-57.42"W 2.83' � I TAN. 38.39, LINE TABLES COD LINE LINE BEARING LENGTH L8 S67' 18' 07 "W 17.12' L9 525'46'58'W 19.22' L10 S13'24'53"E 13.43' L11 S21'03'34'W 11.72' L12 561147'11'W 24.36' L13 I N88'16'16"W 25.63' L14 1 S79'41'10"W 15.81' GH URI� � 53.63' (D RWATE R�� E � N83'04'07"W — — — — — 1 N0117 4'2C 'E �� rr f SEWER JOSEPH E. VANERONLLJ LOT 7cn INTRACOASTAL WATCH ME 36 PG 27 i. { DB 2547 PG 296 i oc n w i co l I �I ul� PUMP SITE * = IRON PIPE/ROD INTRACOASTAL WATCH IPS = IRON PIPE SET OP = EXISTING IRON PIPE R0791 2-007-021 —000 0 = CONCRETE MONUMENT DB 5330 PG 1728 1 = CENTERuNE tii I+• = COASTAL WETLANDS COD RESOURCE ® = DROP INLET = 404 WETLANDS PRESERVATION AREA = 4O4 WET -ANDS 404 WETLANDS LINE LINE BEARING LENGTH L15 I S73'48'40"E 10.03' L16 353" 9'37"E 4B.04' L17 S4334'51 "E 38.24' L18 S3906'51 "W 36.42' L19 N72'19'30"W 23.41' L20 N2913'30"W 12.39' L21 N57'58'14"W 29.68' L22 1%154'25'00'W 33.47' L23 N 17'07' 13"E 10.89' L24 N36'33'O6"E 32.78' 20' PRIVATE ACCESS EASEMENT (ME 36 PC 27) EXISTING ; ^rJ fji„ — — ACCESS EASEMENT DB 4505 PG 761 PROPOSED —�CONC. DRNE 558'58'17"E'== 60,404 rjE � ETLANDS o; PHOROPROPQEED U D0 LOCATION J ;3 )RESERVATION cr DB 5403 PG 2496 6'51"E S66°2'� 15.0' 215 (404 TIE) 196.97' S59"02'03"E DANFORD4002I/2 OLFANDER DRIVE & ASSOCIATES SLON,N3 WILMINGYc%NNC 28463 LAND SURVEYING, P.C. PHONE(910) 799-4916 FIRM LiC# C-2797 email• ddanford®danfordsurveying.corn 60' C.O.D. SETBACK (15' VARIANCE GRANTED) OCT. 20, 2014 CASE 110. ZBA-886 I N/F Andrew & Kunberly Simpson DB 6267 PG 635 Q -- _—� J o� r EXISTING PIER & DOCK r N� NORMAL HIGH WATER LINE �� LOT 9 INTRACOASTAL WATCH FLAGGED BY ROBB MAIRS, MB 36 PG 27 FIELD REPRESENTATIVE, ,0 j EDWARD K. CARTER NC DIVISION OF COASTAL oa 5 = - r rn rL DB 5700 PG 2228 MANAGEMENT ON +� If p J r DULY 15, 2014 Z C) rq >\ f m 380,97' (TO NHW \60 1tW- .P D 000, B'-0 YWx My To 0= dscape Retaining Wall #\ 408.89' (TO NHWL) so � NOTE: VERIFIED BY TARA MACPHERSON q, a 0 ��� JULY 2, 2020 60 r� —) I1 �C� 'Cp OJ ' 83.72al c� 1�> o co all, j JII,^ ^J 1� C.O.D. AREA I), O I c\r t..- 99.07' I UPPER EDGE OF RESOURCE FLAGGED BY PATRICIA ROBERTS NEW HANOVER COUNTY ZONING COMPLIANCE OFFICIAL ON JULY 7, 2014 NOTE: VERIFIED BY TAIGA MACHHERSON JULY 2, 2020 ATID CONSTRUCTION LOT 8 INTRACOASTAL WATCH MAP BOOK 36 PAGE 27 1632 SOUNDWATCH DRIVE PARCEL ID # R07912-007-009-000 DEED BOOK 5568 PAGE 645 MASONBORO TOWNSHIP NEW HANOVER COUNTY, N.C. 0�' [--- Ljj C6 r I,!I, �vO�NDi ,till, 0-), o a 0�'`3� EX1S-ft G PIER & D©CK ` r I SHEET 3 OF 10 SEPTEMBER 25, 2015 5C 0 25 50 100 1 INCH = 50 FEET © DANFORD & ASSOCIATES LAND SURVEYING, PC OCT 16 2029 N01 °54'20"E � ,1 7.35' 6 LOT 9 INTRACOASTAL, WATCH MB 36 PG 27 EDWARD K. CARTER DB 5700 PG 2228 20' PRIVATE ACCESS EASEMENT (MB 36 PG 27) EXISTING 1 ACCESS EASEMENT 1 DB 4505 PG 761 1 PROPOSED 1 BULKHEAD 1 S58`58'17"E 1 140.67' (TO PRESERVATION AREA LINE) 141.50' (TO IMPACTED WETLANDS) S4g� 7 ��O I „E 7 60. i404 TIE)- �13 IMPACTED WETLANDS DRIVEWAY 00 509 sq.ft. 0.012 acres MA CD BULK D—7"CI�o ^N. 4hW TLA AREA TABLE \ FOR PRESERVATION CO Ln CD b CD DESCRIPTION SQ. FT. ACRES UPLANDS 4,297 0.099 4 G 2496 404 WETLANDS 29,464 0.676 COASTAL WETLANDS 7,881 0.181 LOT TOTAL 1 41,642 0.956 IMPACTED WETLANDS UNE BEARING LENGTH 123 558'58'17"E 12.44 124 54231'17"E 11.66 125 S5B'58'17"E 81.36 126 S30'06'51'W 34.35 127 N43'34'51'W 38.24 128 N53'19'37 W 48.04 129 N73 48'40"W 10.03 130 536'33'06'W 32.78 131 51 T07' 13'W 10.69 132 N58'58'17"W 16.35 133 N31'01'43'E 70.24 IMPACTED WETLANDS AREA DESCRIPTION SQ. FT. ACRES LOT 3,484 0.080 DRIVEWAY 509 0.012 TOTAL 3,993 0.092 IUEGENU © = IRON PIPE/ROD IPS = IRON PIPE SET ©P = EXISTING IRON PIPE El = CONCRETE MONUMENT Q = CENTERLINE = COASTAL WETLANDS COD RESOURCE ® = DROP INLET = IMPACTED WETLANDS DANF'O R D 40OZ 1 i20L1'?.NDER DRIVE 203 & ASSOCIATES SITE, WIL.MINs;7oNNC 28403 LANID 5UrZVEYING, P.G. PHONE (91 b) 799-4916 FIRM Licit CW97 email: ddanford0danfordsurveying.com 60' C.O.D. SETBACK (15' VARIANCE GRANTED) OCT. 20, 2014 CASE NO. ZBA-886 u u u V ua Q - N Q ' ,' D,Rd,VE .�..,��-..ter n•.�h. �.�. IMI !29 380.97' (TO NHWL) PROPOSED LOCATION H VAC 0 CV 128 v C" O N� x � o LEI rOf Lu Q c_;, 2 NOTE: VERIFIED BY I T'ARA MACPHERSON J JULY 2. 2020 IMPACTED WETLANDS LOT CD J,484 SQ. FT. Ln 0.079 ACRES `156158' \� \�T anrlcr:�nN �� Er- 0 11 L.L.I j � UPLANDS CO \\ � 6'-0" WALK WAY TO DOCK Landscape Retaining; Wall �1 12.85 408.89' (TO NHWL) N/F 404 ATID CONSTRUCTION LOT 8 INTRACOASTAL WATCH MAP BOOK 36 PAGE 27 1632 SOUNDWATCH DRIVE PARCEL ID # R07912-007-009-000 DEED BOOK 5568 PAGE 645 MASONBORO TOWNSHIP NEW HANOVER COUNTY, N.C. �CIV \ V Q� G 1 .dIL 99.07' NOTE: VERIFIED BY � L TARAVIACPHERSON JULY 2. 2020 SHEET 4 OF 10 AUGUST 5, 2015 20 0 10 20 4D 1 INCH = 20 FEET �C DANFORD & ASSOCIATES LAND SURVEYING, PC OrT 16 ?020 I, VERNON DEREK DANFORD, CERTIFY THAT THIS PROPERTY WAS SURVEYED AND MAP DRAWN UNDER MY SUPERVISION: DESCRIPTION AS SHOWN ON THE FACE OF THIS PLAT; RA110 OF PRECISION AS CALCULATED BY COMPUTER IS 1:10,000+; THAT THE BOUNDARIES NOT SURVEYED ARE SHOWN BY BROKEN LINES PLOTTED FROM NOTE INFORMATION REFERENCED; THAT THIS PLAT WAS PREPARED IN ACCORDANCE WITH 'THE STANDARDS OF PRACTICE FOR LAND SURVEYING IN NORTH CAROUNA"; WITNESS MY ORIGINAL SIGNATURE, UCENSURE RIPARIAN CORRIDOR ESTABLISHED BY NUMBER AND SEW TH 24TH DAY JULY A.D. 2014. NO DIVISION OF COASTAL MANAGEMENT PER ROBB MARS, FIELD REPRESENTATIVE �7swe-NOTE: VERIFIED BY VERNON DEREK DANF D TARA MACPHERSON N.C. PLS No. L-4528 I JULY 2, 2020 CAR pL/.,��' sssf �: •' S E A L'•.: P 50 'W 56, �1671�47.62�'� 3g,39�N-50°23' 23 :-n `,f L-4528 S E n — {�, RACWAHjj�/E N83Q4'07"W------------ — �Nrrlfitlltt�l ic a NOTES: ,p ! 1. THIS LOT IS SUBJECT TO ALL rn ` c EASEMENTS, RESTRICTIONS, OR COVENANTS OF RECORD. Z Q 2. THIS LOT FALLS ENTIRELY IN 575' ORW LOT 7 W , SHORELINE AEC SETBACK. I 3. THIS LOT IS LOCATED IN ZONE VE INTRACOASTAL WATCH cn Ica (ELEV 15) FIRM COMMUNITY PANEL MAP BOOK 36 PAGE 27 370168 3143 J DATED: APRIL 3, 2008 r 4. WATER DEPTHS (SOUNDINGS) ARE BASED I 1 UPON FIELD OBSERVATIONS ON LOW TIDE •.Q ON JULY 21, 2014 BY DANFORD & ASSOCIATES I 1:•. LAND SURVEYING. PC. l,j 5. LOW WATER LINE ASSIGNED DEPTH OF "0 FT.' FOR THIS SURVEY. ELEVATION OF OBSERVED O I 1 5,0' LOW WATERLINE AT10:04 AM ON DULY 21, 2014 r WATER LEVEL - -0.30' (NAVD 88). 6. CONVERGENT POINT WITH NAD 83 COORDINATES COMPUTED USING OPUS OBSERVATION WITH TOPCON HYPER XT GPS EQUIPMENT ON JULY 9, 2014. NAD-83(201 1) (EPOCH: 2010.0000) (EPOCH:2014.5193) GEOID 12A-DATA ON FILE. UNE TABLE UNE BEARING LENGTH L1 N06'32'36"E 20.04' L2 N83'24'49"E 23.76' L3 N35'56'04"E 15.29' L4 N18'19'05"E 17.26' L5 S88'41'21 "E 47.50' L6 N41'17'39"W 22.03' L7 N30'57'42"E 2.83' DANFORD40021/20LFAN DER DRIVE & ASSOCIATES S 3 WILMINGTON,ON, NNC 28403 LAND SURVEYING, P.C. PHONE (s 1W 799-4916 FIRM LIC# C-2797 email: ddonford@donfordsurveyirg.com LEGEND Q = EXISTING IRON PIPE = CENTERLINE COASTAL WETLANDS COD RESOURCE ®= DROP INLET 20' PRIVATE ACCESS EASEMENT (MB 36 PG 27) NO 1'54'20"E EXISTING — — — — — /17.35' ACCESS EASEMENT �—. DB 4505 PG 761 1 1 S58'58' 17"E 405.12 140.67' — 404 WETLANDS AREA FOR PRESERVATION DB 5403 PG 2496 196.97' S59' 02'03 SURVEY REFERENCES DEED BOOK 5568 PAGE 645 MAP BOOK 36 PAGE 27 MAP BY SHERWIN D. CRIBB, PROFESSIONAL LAND SURVEYOR L-1099 "MAP OF RIPARIAN CORRIDOR' FOR CHARLES S, WAKILD AND WIFE SUSAN WAKILD MAP BY STUART BENSON & ASSOCIATES "PIER LOCATION & RIPARIAN CORRIDOR' INTRACOASTAL WATCH RECORDED IN DEED BOOK 5113 PAGE 274 - 279 N N c 0 Ur SOUND 1,r W E m`T w�r� s 07 �0rg4 Site 'p, Ali ti c> �¢ >cz x� D11 pR P+ 4r � H4GKORY KN P LOCATION MAP I NOT TO SCALE — — — LOT 9 INTRACOASTAL WATCH J MB 36 PG 27 EDWARD K. CARTER tII � ,,1,, r)TAII DB 5700 PG 2228 264,45' / t� 60.0, L T 8 INTRACO STAL WATCH 1632 S DWATCH DRIVE 1 t, I�, I R07—007-009-000 ' DEE OOK 5568 PAGE 645 60' C.O.D. SETBACK (15' VARIANCE GRANTED) OCT. 20, 2014 CASE NO, ZBA-886 NOTE ALL BEARINGS SHOWN ARE BASED UPON MAP BOOK 36 PAGE 27 RIPARIAN SURVEY FOR ATD CONSTRUCTION I 236.60' I t,I,, 408.89' 60 0' tlr� 4 LOT 8 INTRACOASTAL WATCH MAP BOOK 36 PAGE 27 1632 SOUNDWATCH DRIVE PARCEL ID # R07912-007-009-000 DEED BOOK 5568 PACE 645 MASONBORO TOWNSHIP NEW HANOVER COUNTY, N,C. % �81 r h�4^_IaQ' C-jry L l n II(, r1'1y� CD r� n! tll, (JD ) cc � '5�s' as .0a,D, NOTE: VERIFIED BY TARA MACPHERSON DULY 2, 2020 L!J J z � Ll1 SHEET 5 OF 10 AUGUST 5, 2015 •• 0 O •f 1 2f ■ 60 FEW C) DANFORD & ASSOCIATES LAND SURVEYING, PC OCT 16 2020 fLW m �Yglc S �y �� d RaY14 site Go NOTE: VERIFIED BY TARA MACPHERSON �r" }i1CKflgY KNG DR JULY 2, 2020 _ LOCATION MAP NORMAL HIGH WATER LINE �xsr�GA�FR Q� NOT TO SCALE FLAGGED BY ROBB MAIRS, rn .d FIELD REPR SENTATIVL, !�, NO DIVISION OF COASTAL V) p Zr\ . `V MANAGEMENT ON A h O JULY 15. 2014 pry 2' Q v •t ;H z ~ kco •� •� �� ''a "' :� N29• z hh Q m v 4�. CONVERGENT POINT PER Z < �286 32 SHERWIN D. CRIBB, PLS j ry •v r� 2 NAD 83 - -'~— _ _ r�i ar N 134940 — RIPARIAN CORRIDOR — — — ` — ` — L _ — _ — _ — — S56'23'15"EE E 2341200 All,-0.40 rr n _ - 15' SETBACK LINE Gs 12.2' 807.30' _ _ _ _ SEE NOTE #6 'o n''� -0.50 -090>il!sN GS GS cc ©0 LQT 8 z — -` rqGS RIPARIAN CORRIDOR—�G5.453s(GS.06R10n � o __ _ S 0.93 5632BO TICco�OR_AT ZL ,15`SETBACK LINE--_ 53 ~0'x GJ~—— 306.55'RIQP�10- 2 GS 546'20' , _O�SOVIII ' — RI AR6AN CORRIDOR �CRfBB QO ,E _ _ — _ IL L \ -0.45 GS.98 GS J y • • r i �� \ t -"r j 3��? 2� LIFT�f P GS Je( 0.90 N53'56°1fi"W EXISTING P1rF2 & DOCK -1 .1 p ` r ! Q- GS GS 717.56 ` FLOATING DOCK W N/F Andrew & Kimberly _ Simpson DB 6267 PG 635 R07900-004-008-001 — Ll.l � r r� - � V) J DANF V RD 4002 112 OLEANDER DRIVE & ASSOCIATES WILMdNSUIGTN, ON,N NC 28A03 LAND. SURVEYING, P.C. PHQNL(91a)7f)9.4916 FIRM LIC4 C-2797 email: ddanford0danfordsurveying.com RIPARIAN SURVEY FOR ATD CONSTRUCTION LOT 8 INTRACOASTAL WATCH MAP BOOK 36 PAGE 27 1632 SOUNDWATCH DRIVE PARCEL ID # R07912-007-009-000 DEED BOOK 5568 PAGE 645 MASONBORO TOWNSHIP NEW HANOVER COUNTY, N.C. SHEET 6 OF 10 AUGUST 5, 2015 60 0 30 60 120 1 INCH = 60 FELT C) DANFORD & ASSOCIATES LAND SURVEYING, PC OCT 16 2020 SURVEY REFERENCES DEED BOOK 5568 PAGE 645 MAP BOOK 36 PAGE 27 MAP BY SHERWIN D. CRIBB, PROFESSIONAL LAND SURVEYOR L-1099 'MAP OF RIPARIAN CORRIDOR" FOR CHARLES S. WAKILD AND WIFE SUSAN WAKILD MAP BY MART BENSON & ASSOCIATES 'PIER LOCATION & RIPARIAN CORRIDOR" INTRACOASTAL WATCH RECORDED IN DEED BOOK 5113 PAGE 274 - 279 NO't'E: VERIFIED BY TARA MACNIERSON JULY 2, 2020 SEPTEMBER 24, 2015 `1```���►� CAR, i S E A L . f L--4528 O = EXISTING IRON PIPE = CENTERLINE i,1I = COASTAL WETLANDS COD RESOURCE ® = DROP INLET fEW S 2e �O � 41p py �orq( Site aU �- Y KNOLL 4R ��r 4 VIkCKOR P LOCATION MAP NOT TO SCALE N.C. PLS No. L-4528 � FXisT�Hc J�4 NORMAL HIGH WATER LINE ri p�Elt> & O FLAGGED BY ROBB MAIR5, FIELD REPRESENTATIVE, g' DOOk (v NC DIVISION Of COASTAL �� •� cv MANAGEMENT ON a r� O JULY 15, 2014 �'� • v v •� NOTE ry • v END OF DOCK IS APPROXIMATELY y 750.0' FROM THE 80.0' SETBACK �`�� ' m • OF THE FEDERAL CHANNEL 44/ CONVERGENT POINT PER CL SHERWIN D. CRIBB, PLS NAD 83 _--___ _ ��v �t 11 N 134940 flY , RIPARIAN CORRIDOR — — — — — — — ` L — — _ — _ _ S56'23'15E E 2341200 1L 15' SETBACK LINE — h V' ` 12.2' — — — — — — — �- �'� ,� ,� � — -- (PROPOSEL�j � -- .�� � 8O7.3d, — — — — .— — — — „ — — _. — — _ _ _ SEE NOTE #8 l !cry COVERED DOCK 23,-I FIXED (PROPOSED) LOT 8 — �I FIXED DOCK N Q ROOF LINE DacK RIPARIAN CORRIDOR J F, '� (PROPOSED) ( (LOWER DOCK (o 6-0" RAISED DOCK DASHED) }1' _ FOR LOADING s1Lc . 35.42' —�2 1 & UNLOADING) — S63'20'22"E — — 80cog RIDQR r�1QA¢jW j�kC8 FOD>,1Dl 15' SETBACK L1NE� ©�- �CR188 r 26.0 15.00' xur rQ IL 'I1 4 � � 3�yO . LIFT-- PILINGS p}=R & DOCK EXISTING _ FLOATING DOCK N/F Andrew & Kimberly _ NOTES Simpson DB 6267 PG 635 R0790d-dD4-Od8-dd1 1 � .� � � 1, RIPARIAN CORRIDOR ESTABLISHED BY �RBg� NC DIVISION OF COASTAL MANAGEMENT PER ROBB MAIRS, FIELD REPRESENTATIVE 2. ALL BEARINGS SHOWN ARE BASED UPON MAP BOOK 36 PAGE 27 DANFORD4002112 OLEANDER DRIVE & ASSOCIATESTE 203 SUION,N Y✓ILMIN GTN, NC 28403 LAND SURVEYING, P.C. PHONE (91 D) 799-4916 FIRM LIC# C-2797 ernail: d d c n f o rd 0 d c n f o rd s u rveyi n g. c c m NOTE: VERIFIED BY TARA MACPHE.RSON JULY 2, 2020 PROPOSED DOCKING FACILITY ATD CONSTRUCTION LOT 8 INTRACOASTAL WATCH MAP BOOK 36 PAGE 27 1632 SOUNDWATCH DRIVE PARCEL ID # R07912-007-009-000 DEED BOOK 5568 PAGE 645 MASONBORO TOWNSHIP NEW HANOVER COUNTY, N,C. LINE TABLE LINE BEARING LENGTH L1 N06'32'36"E 20.04' L2 N83'24'49"E 23.76' L3 N35'56'04"E 15.29' L4 N 18' 19'05"E 17.26' L5 S88'41'21 "E 47.50' L6 N41'17'39"W 22.03' L7 N30'57'42"E 2.83' SHEET 7 OF 10 SEPTEMBER 24, 2015 60 0 30 60 120 1 INCH = 60 FEET © DANFORD & ASSOCIATES LAND SURVEYING, PC OCT 16 ?020 � ' Illlllllllllll�lilll BOTTOiW OF LOWEST III�IIIIIIIIIUII - I r PROPOSED GRADE AT HOUSE E Cross Section of Lot Section C—C SCALE: 1 /16" = 1'-0" �- MATCH EXITSING El OF STREET EXISTING 1 z ACCESS EASEMENT PDB G 4505 `� x 1'-0" RCP Culvert 761 $}6 1'-0" RCP Culvert Installed ti c, • at Low Elev. Field Verify RETAINING WALL To BE LOCATED 5'-0" OFF OF PROPERTY LINE TO MAI AiN DRAINA E — — — — Ij • f 0'-8" RETAININ WALL 1 emu. pR;FT:`, ? .:�--._---------- ----DRAr �; .47'+0"�t':1.4' 6'• f, .: ,.. t :. M` SLOPE I i "PER IF00T rc F:grkln�Pa'd'.... :.' • .' ,..,, I SLOPE ITO DRAIN -_ n a 8 4 CDC VI p RI REQU44'x5O' BuiWi ad NOTE: ALL FILL WILL B STRUCTURAL AND l91 STRUCTURES WIK BE SUPPORTED Y>f WOOD PILINGS 50'-0 Q f ,u Q �Q CO� RE ) 1 /4" PER Fi PO H OT SLOPE 6" PIPE I /x 18"X18" YARD OINLET 7'X44' PORCH/ F / 6WALK � WAY r -8" qETAINING WALK -- 112'-4" B 1 House / Driveway Layout & Dimensions SCALE: 1" = 20'-0" PROPOSED GRADE APPROXIMATELY 60' EXISTING GRADE APPROXIMA TEL Y J. 5' 38'-0" — UPPER EDGE OF RESOURCE \dl/ S�o9�Ci � t I J � I J S Q t 6" PIPE OUTLET L\ ti 00 S I S _ t / ----�--�--.o--t— m---isr---—---e---� / / ---� -- --�'— —--�--�'---ice-- ---p— —�_ UNDERGROUND WATER / RETAINAGE To BE DESIGNED TO CONFORM WITH V1ffl'TH STORM WATER PLANS BY TRIPP ENGjNL€RING. RAIN GARDW MAY ALSO BE USED MUST CONFORM ;LTD En inQ pennq, PLLC Corsulting Structural Engineers 3001 Wrightsville Ave. Wilmington, NC 28403 Phone; 910.620,3263 Email: R0dyigatdbo Idi,ggr0ap.Nm �- ffffFF r _< CORP4RATEi�= IFIL 0 2p���ESA'Rp� S AL 5t j10 2� Release Dates Dock Altervthn, Netahlnq Wdl ad Footprkd M.-A f�aYwge and l -IV 0_9L 15(15/1 C. kasroed far CAYA FYSd Apprord WIT�+-WATER RETAINAGE b SQUIRED. 644 CUBIC FEET y fOF RI TAINAGE RETAINED. 8/1 l ()(.T 1 6 9 I a I ----�-----a-----EF--- -z- RIPARIAN --------------------------------------------------- ---- 23'-0" 17'-0" 7------------ O1PM-------- - I I I I Id I � I I 23'-0" X 20'—O"TO IQ I OUTSIDE OF DRIPUNE I� IZ I I I� I � I I � I I ! I I i' 43'--3" IS THE CLOSEST PIIJNG ex DISTANCE TO THE HOA ADJACENT DOCK. THE OVERHANG WILL BE 36'-0" FROM THE ADJACENT DOCK. 'P'0"00 a m 1 OPEN FIXED DOCr 0 URWLINIZ LOUVER DOCK FOR LOADING AND UNLOADING 18'-5" 12'-0" — Q Pmposed Eock Layout r SCALE: 1 " = 10'-0" Proposed Dock Cross Section SCALE: 1" = 10'-0" AM Enn lnerering, fLLC Consulting Enolneers 3001 Wrightsville Avem Wilmington, NC 28403 Phone:910.620.3263 Ofrice: 910.399.3240 eman: Rudg;�aiti build iriggmup.com \SSEER�NG� -o Fvr =¢ lCOHPdHATE'��= SEAL _= CARd'�.`Q. S AL r ID T r75�o.`. Release Dates 0/14/15 A le..d fa ClWA APR�+'d 4114/16 0. Sewnd S&Mfttd Oath klmc kn. Ret l Wa ed FootW M-9% N*KK ed p'odYi9 Chmga. 5/15/1 C. leveed for 9/1 2X6 SYP TREATED NAILED NEW GRADE TO 8X8 POST WITH (4) 10D 20:1 SLOPE FOR DRAINAGE GALVANIZED NAILS \� \\/\%\ \% /\ EXISTING GRADE Ld/\\i \\�\�\\� 0 0 LLJ fif Or co DETAIL B LANDSCAPING RETAINING WALL 1 "=1 C-0" NOTE; 12" RCP SHALL BE INSTALLED IN ACCORDANCE WITH NCDOT — DIVISION OF HIGHWAYS DETAIL 3001301 (SHEET 2 OF 3) 4" 3000 PSI 5:1 (MAX) FOR EXISTING GRA TIE-IN. BOTH SIDES EXISTING SUBGRII'DE 0 u (Typ.) " D cf N H � fL @ cn U) cn 0 X� 1 V--6" DRIVE DRIVEWAY CULVERTS CROSS SECTION 1"=10'—O" 13,-0" Varies See Plan CI L COMPACTED SUBGRAYDE (TYP. ) DETAIL A DRIVEWAY CROSS SECTION 1 "=1D'—a" 1'-6" 1'-6" m a c� m M D 07 71 Z TOP OF CONCRETE DRIVE 2'-6" BOTTOM OF CONCRETE DRIVE 2'-4" TOP OF RCP 1'-0" EXISTING GRADE 0'-0" y OTE: INVERT ELEV. NOT GIVEN. CULVERT SHOULD 0 X MATCH SLOPE OF EXSITING 0) GROUND �G N � a71 0 Q ATD Engineering, PLLC Consulting Structural Q�ineers 30DI Wrightsville Ave. Wilmington, NC 28403 Phone; 910,620.3263 Email: Rudy@atdbulldinggrou p,mm Rem-& Release Dates U/14/1 A. blued tar CA4A WereW CAYA Ehd MAJOR PERMIT FEE SCHEDULE V Dombroski 1111 New Hanover/$400 Development Type Fee DCM % 14300160143510009316256253 DWQ % 2430016024351000952341 I. Private, non-commercial development that does not involve the filling or excavation of any wetlands or open water areas: $250 100% $250 0% $0 II. Public or commercial development that does not involve the fiifing or excavation of any wetlands or open water areas: $400 100% $400 0% $0 Ilf. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C, or D below applies: III(A). Private, non-commercial development, if General Water Quality Certification No. 3490 See attached can be applied: $250 100% $250 0% $0 I II(B). Public or commercial development, if General Water Quality Certification No. 3490 See attached can be applied: $400 100% $400 0% $0 II I(C). If General Water Quality Certification No. 3490 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: $400 60% $240 40% $160 III(D). If General Water Quality Certification No. "� 1 3490 see attached cannot be applied: $40Q 60% $240 40% $160 IV. Development that involves the filling and/or excavation of more than one acre of wetlands and/or open water areas: $475 60% $285 40% $190 Date Date Received Deposited 10/27/2015 10/30/15 Check From Name of Vendor Check Permit Holder Number ATD Construction Anthony First 11532 Co. Inc, Dombroski III Citizens Bank Check Permit Rct. # amount Number/Comments $250.00 major fee, 1632 Sound Watch Dr. PH rct. Wilm NHC 1156D (1 of 2) Date Received Date Deposited Check From Name of Permit Holder Vendor Check Number Check amount Permit Number/Comments RM # 11/12/2015 11/.13/15 AiD Construction Co. Inc. A. Lombroski First Citizens Bank 11554 (2 of 2) $150.00 CK. 2 of 2, major fee, 1632 Soundwatch Dr RM rct. 0377D