20120938 Ver 1_CAMA Permit Application_20121011

AN F 2 ®120938
CDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Beverly Eaves Perdue Braxton C. Davis
Governor Director Dee Freeman
Secretary
October 9, 2012
MEMORANDUM:
TO: Karen Higgins
401 Oversight
Division of Water Quality- Surface Water Protection
FROM: Doug Huggett, NC DENR -DCM Major Permits Coordinator
400 Commerce Ave., Morehead City, NC 28557 (Courier 11- 12 -09)
SUBJECT: CAMA Major Permit Application Review
Applicant: Shae's Landing HOA c/o Howard Batts
Project Location: 129 Shae's Landing Rd., adjacent to Topsail Sound, in Surf City, Pender County
Proposed Project: expansion of existing docking facility to accommodate for up to 10 vessels
Please indicate below your agency's position or viewpoint on the proposed project and return this
form to Douci Hu_g_gett at the address above by November 2, 2012. If you have any questions
regarding the proposed project, contact Jason Dail at (910) 796 -7423, when appropriate, in -depth
comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
SIGNED
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the . project for reasons described in the attached
comments.
DATE
127 Cardinal Drive Ext., Wilmington, NC 28405
Phone. 910 - 796 -7215 \ FAX: 910 - 395 -3964 Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer
OCT 1 0 2012
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DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Howard Batts for Shae's Landing HOA
2. LOCATION OF PROJECT SITE: The project site is located at 129 Shae's Landing Drive, adjacent to
a man-made canal in Topsail Sound, Surf City, Pender County.
Photo Index — 2006:.25-6583, N -R, 7 2000: 25 -329, F -J, 18 1995: 25 -312, F -J, 17
State Plane Coordinates — X: 744102 Y: 76035 GPS File: N- 100211A
Lat: 34 °24'47.76 "N Long: 77034'10.49"W
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 8/16/12 and 10/02/12
Was Applicant Present — Yes (Agent)
5. PROCESSING PROCEDURE: Application received as complete on: 10/3/12
Office — Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan — Pender County
(B) Classification From LUP — Developed
AEC(s) Involved: EW & PT
(C) Water Dependent: Yes
(D) Intended Use: Private/Residential (HOA)
(E) Wastewater Treatment: Existing — Septic
Planned - N/A
(F) Type of Structures: Existing — Two -slip docking facility.
Planned — Expansion of an existing docking facility.
(G) Estimated Annual Rate of Erosion: N/A Source — N/A
7. HABITAT DESCRIPTION: [AREA]
T1RF.Tlf_F.TI FTT.T.F.11 11TTTFR
(A) Vegetated Wetlands (coastal)
(B) Non - Vegetated Wetlands - open
water
750 ft.z
(incorporated)
(C) Other (Highground)
(D) Total Area Disturbed: 750 ft' (0.01 acres)
Primary Nursery Area: Yes
Water Classification: SA Open: Yes
8. PROJECT SUMMARY: The applicant is proposing to expand the existing docking facility to provide
dockage for up to ten (10) vessels.

Howard Batts
Page Two
9. PROJECT DESCRIPTION:
The project site is located at 129 Shae's Landing Drive, adjacent to a man -made canal in Topsail Sound, Surf
City, Pender County. To get to the site from the Wilmington Regional Office, take US Hwy 17 N to NC Hwy 210
(approximately 15 miles) and turn right. Continue approximately 3 miles along NC Hwy 210 and turn right at the
intersection of NC Hwy 210 and Rowland Ave. Travel approximately 1.9 miles along Rowland Avenue and turn right
onto Highway 50. Continue down Highway 50 approximately 1.7 miles and turn right onto Shae's Landing
Drive. The subject property will be located along the left hand side of the road, at the terminal end of Shae's
Landing Drive.
The subject property is approximately 7.8 acres and has approximately 500 linear feet of shoreline frontage
bordering the adjacent canal. The high ground portion of the property is approximately 0.25 acres and the
remainder consists primarily of low Coastal Marsh. The current elevation of the property ranges from 5' to 7'
above the normal high water level. The project site is bordered to the north and west by a man-made canal and
Topsail Sound, respectively. Residential properties border the tract to the south and east. The highground is
vegetated primarily with lawn grasses and ornamental landscaping. Coastal Wetlands adjacent to this property
include species such as: Black Needle Rush (Juncus roemarianus), Spike Grass (Distichlis spicata), Sea
Lavender (Limonium, spp.), Salt Meadow Grass (Spartina patens) and Smooth Cordgrass (Spartina
Alterniflora).
Currently, there is an existing residence located on the property as well as a fixed access pier (5' x 25') and
stationary dock (6' x 52'). The access pier originates from the high ground and extends toward the northeast,
over a narrow ( +/- 25') section of high marsh, roughly located in the center of the property. An 8' x 18'
platform is located at the terminal end of the access pier and connects the access pier to the existing 6' x 52'
section of fixed dock located along the southern side of the canal. At the moment, the fixed dock is configured
to allow mooring for up to two (2) vessels. Waters depths, in the vicinity of the existing docking facility, range
from approximately -2.0' @ NLW to —3.0'@ NLW. Based on visual observations, no Submerged Aquatic
Vegetation (SAV) has been seen in the location of the existing docking facility. There is historical evidence that
supports the man-made creation of this canal. Essentially, this canal, as well as a neighboring canal, was dug in
the 1970's and the material was used to form the peninsula known as "Atkinson Point ", which is situated
between the two canals.
The Pender County Land Use Plan classifies the upland areas of this project as Developed. The waters of the
project site are classified as SA by the NC Division of Water Quality. The NC Division of Marine Fisheries
HAS designated this area of Topsail Sound as a Primary Nursery Area, and the waters adjacent to the
proposed project are OPEN to the harvesting of shellfish.
PROPOSED PROJECT:
The applicant is proposing to expand the existing docking facility by adding a 6' x 125' fixed dock in alignment
with the existing fixed dock. As proposed, the expansion would increase the total slip count from two (2) slips
to seven (7). The applicant's agent indicates the facility's expansion is being pursued to allow dockage for
residents within the Shae's Landing Homeowners Association. Although this may be true, there is no
supporting documentation to confirm whether or not anyone has access to this facility, aside from the primary
applicant. Essentially, there are two access points to the existing and proposed expansion, one originating from
the applicant's property and the other originating from property now or formerly owned by Ronald Stumpo.
Neither the site drawings, nor tax records, specify whether or not an easement (or other legal document) exist
between the two properties that would allow access to this facility by other property owners. Regardless of
ownership, or other legal rights to use, the applicant has adequate shoreline frontage for the proposed facility.

Howard Batts
Page Three
As proposed, the alignment of the fixed pier would run parallel to the shoreline and would extend in a southeast
to northwest direction. This would allow "side to" dockage along the outer edge of the fixed pier, and would
eliminate any potential docking on the back side (landward side) of the structure. As proposed, the dock would
be partially located over Coastal Wetlands (less than 5' of fixed dock over any portion of Coastal Marsh,
(primarily Smooth Marsh Cordgrass)) and would approximate the Normal Low Water (NLW) line. According
to the applicant's agent, water depths along the outer edge of the proposed dock averages -2.0', relative to
NLW. As designed, the expansion would be located outside of the near shore channel edge and within' /4 of the
width of the waterbody (which measures +/- 55'wide in the vicinity of the dock expansion). Additionally, the
proposed docking facility addition would be located within the applicant's riparian access corridor and outside
of the 15' riparian corridor setback.
10. ANTICIPATED IMPACTS
The proposed expansion would result in the incorporation of approximately 750 square feet of additional
Estuarine and Public Trust Waters. As proposed, the dock would extend approximately 3' to 6' beyond the edge
of the marsh into a body of water that measures approximately 55' in width. The proposed expansion would not
encroach into the applicant's 15' riparian corridor setback on either side of the property. Additionally, the
structure would be located outside (landward) of the near shore edge of the adjacent channel.
Currently, there are six (6) countable slips within this particular canal (assuming that a:25' or less section of
dock accounts for dockage of one (1) vessel), within 200' of the existing structure, and the applicant is
proposing to create five (5) additional slips. This would bring the total number of slips within waters OPEN to
the harvesting of shellfish to eleven (11). It is unknown whether the proposed slips would be permanent or
transient; however, several of the existing slips are only used for transient dockage. Should the Shellfish
Sanitation Section have any concerns, and/or issues with the proposed project, they should contact the
appropriate field staff to explore whether other alternative are available.
Submitted by: J. Dail Date: October 8, 2012 Office: Wilmington

gem mP 1
APPLICATION for
Mayor Development Permit
(last revised 12127/06)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/ Landowner Information
Business Name
hay's ;h 4 0r4
Project Name (if applicable)
Applicant 1 • First Name
U�
Ml
Last Nam
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Applicant 2 First Name
MI
Last Name
If additional applicants, please attach an additional page(s) with names I/ ted.
Mailing Address
Sh e `s � I
PO Box
Ci
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State
NG
ZIP (/� r
alt `�S/
Country
Phone No.
ext.
FAX
Street Address (if different from above)
City
State
ZIP
Email
2.. Agent(Contractor Information
Business Name
�' V +1) o L)�,e
In +r L) Al cl1
Agent/ Con ctor 1. First Name
MI
Last Name
Agent/ Contractor 2. First Name
MI
Last Name
M g Address
7 0 6c )x �5 3 Z-
PO Box
I
City
c,
State
ti ►�
ZIP
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Phone No
q 10
1
J ; 2 ext
Phone No 2
SIG "Z�`L "2 2 I -_ _y3 ext
FAX No
910 328 qg5?,-
Contractor #
Street Address (if different from above)
City
State
ZIP
Email
<Form continues on back>
SEr 2
252-808 -2806 ., 1- 888-4RCOAST wwwr.nccoastallmanagpment.not

Form DCM MP -1 (Page 2 of 4)
APPLICATION for
Major Development Permit
3. Project Location -
County (can be multiple)
Street Address `
hcxr'S �r� c� D Zt' '0
State Rd #
Subdivision Name
t�S 0� ' n c
City
�r
State
Zip
, c gy5
Phone No
Lot No (s) (if many, attach additional page with list)
- ext.
I I I ,
a In which NC river basin is the roIect located?
l
b. Name of body of water nearest to proposed project
cra >° �ec�r , �✓
can oul A +O OA t 51O V r_�
c. Is the v6er body identified in (b) above, natural or manmade?
❑Natural Wanmade ❑Unknown
d Name the closest major water body to the proposed project site.
h How does local government zone the tract?
�e
e Is pr posed work within city limits or planning jurisdiction?
f. If applicable, list the planning jurisdiction or city limit the proposed
work falls w h+n
es ❑No
C i 'Y A i✓
4. Site Description.
a Total length of shoreline on the tract (ft)
± J500
b. Size of entire tract (sq ft.)
c. Size of individual lot(s)
lkjle�
(If many lot sizes, please attach additional page with a list)
d Approximate elevation of tract above NHW (normal high water) or
NWL (normal water level)
G-_7' EINHW or ❑NWL
e Vegetation on tract
�- a�QSCa �in�
or, 14L IV,
f. Man -made features and uses now on tract
Re y V t,�`�r a� J AA.i v 05 t Uri
� � ; e r , '�pC 1c, OA"r O.vP
g Identify and describe the existing land uses adjacent to the proposed project site.
r
h How does local government zone the tract?
�e
i Is the proposed project consistent with the applicable zoning?
( Attac zoning compliance certificate, if applicable)
Ves ❑No ❑NA
j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes (KNo
k Hasa professional archaeological assessment been done for the tract? If yes, attach a copy ❑Yes ®No ❑NA
If yes, by whom?
I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes VNo ❑NA
National Register listed or eligible property?
<Form continues on next page>
SFr'
252 -808 -2808 . 1- 888- 4RCOAST .. rnrvJW.nCCOa5kaIMan399Meot.nOt

Form DCM MP -1 (Page 3 of 4)
APPLICATION for
Major Development Permit
m (i) Are there wetlands on the site?
es
❑No
(ii) Are there coastal wetlands on the site'?
[k es
.
(iii) If yes to either (i) or (ii) above, has a delineation been conducted?
❑Yes
�O
(Attach documentation, if available)
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
n. Describe existing wastewater treatment facilities.
0� U r`,
o Describe existing drinking water supply Source
d List all develbpinent activities you propose.
W, y aoo�
e Are the proposed activities maintenance of an existing project, new work, or both
v V%'k CIA fi�Jn(
o( 5 'v\
p. Describe existing storm water ma agement or treatment systems
❑Sq Ft or ❑Acres
l ©o Arlc '- e
NA
g Will the proposed project encroTchU any public easement, public accessway or other area
❑Yes [RNo DNA
5. Activities and Impacts
T
a. Will the project be for commercial, public, or private use?
❑Co mercial ❑Public /Govemment
- % v a�
rivate /Community
b Give a brief description of purpose, use, and daily operations of the project when complete
T)AI _D6CkCL9 -e,
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
d List all develbpinent activities you propose.
W, y aoo�
e Are the proposed activities maintenance of an existing project, new work, or both
o( 5 'v\
f. What is the approximate total isturbed land area resulting from the proposed projects
❑Sq Ft or ❑Acres
l ©o Arlc '- e
g Will the proposed project encroTchU any public easement, public accessway or other area
❑Yes [RNo DNA
that the public has established use of?
h Describe location and type of existing and proposed discharges to waters of the state.
/V/ A
i Will wastewater or stormwater be discharged into a wetland?
❑Yes No ❑NA
If yes, will this discharged water be of the same salinity as the receiving water?
❑Yes WNo DNA
j Is there any mitigation proposed?
❑Yes RNo DNA
If yes, attach a mitigation proposal.
<Form continues on back>
SAP ;_, "��J)
252 - 608 -2808 ,. i- 888- 4RCOAST :. www.nccoastalmanage:nen €.net

I
Form DCM MP-1 (Page 4 of 4)
APPLICATION for
Major Development Permit
M
U
A ftm
Yt
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 gi i!i li; eirilil r��:::�Isses of tfFe-a(IjamrTt-wateftnt-opd�::�l'i::::i� an owner d sign ediaturn receipts as p at such
owners i
.h:,ubmeceived a copy of the application and plats by certified mail. Such landowners mu be advised ffiattl�eyAaXe 30 day
ch to a C,
6h to submit comments on the proposed project to the Division of Coastal Management
,'i -,2. >_ 4
Name Phone No.
Address rA
-'Phdfib N6-
g A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates.
31-M CAmPt
h. Signed consultant or agent authorization form, if applicable.
i. Welland delineation, if necessary.
j A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner).
IL 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.
.7c Ce,
2, j,!! -7'
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 rant D e epFesentatives4tslate and federal review agencies to
enter on the of s fi�
ommgmi`oned lands in n with rant �ini for-mafiQn related to this peRT-applipation and follow up
I onitc, 16 -' le project.
VU�riher W"tify that the i Armation provided in this applicatpaQ is truthful to the best of my knowl e.
Date I'&L--- Print Nqnq 0(tatA '—r 7 7.---
- - -- --Y1
Please indicate app I
catikQaftachME
EI DCM MP-2 Excavation and Fill-W
❑DCM MP-3 Upland Development
❑DCM MP -4 Structures Information
Signature
pertaining to your proposed project. V
atioQ_,__ ❑DCM MP-5 Bridges and
DCM WILMI
SEP
I V P L)
GTON, NC
7 2012
I'R E CE I V E D
-.1N, NC
D fj i 2
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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:r 17Ci:kIIV f1 ... /ftilll C Gf
l =. R �s- Wr�
A i►&64`notpriaable'_
:-iu.__i.1,i'�.,�LS Va_ };�.�.L.'it�^: ia. 1?- .�._::..jY.i; .hwi�i'.s'z,l y� -._. ,.�ia�.. _._.. -e.. "l .._. ....`ka d�1.Yi�i': ��_ .___. _. •_:.v _..r 3a °�lr� -.`..' -mot �`..°a:
a (i) Is the docking facility /marina b (i) Will the facility be open to the general public?
❑Commercial ❑PublictGovemment Private /Community ❑Yes *0
c (i) Dock(s) and /or pier(s)
d (i) Are Finger Piers included? ❑Yes $No
(h) Number I
If yes-
(in) Length 12-1
(h) Number
(iv) Width 0
(iii) Length
(v) Floating []Yes ovo
(iv) Width
(v) Floating ❑Yes []No
e. (t) Are Platforms included? []Yes ko
f. (i) Are Boatlifts included? ❑Yes )(No
If yes
If yes.
(ii) Number
(ii) Number
(iii) Length
(iii) Length
(iv) Width
(iv) Width
(v) Floating []Yes ❑No
Note Roofed areas are calculated from dripline dimensions.
g. (i) Number of slips ^osed
h. Check all the types of services to be provided.
Ik T
❑ Full service, including travel lift and /or rail, repair or
---
leri-nag
maintenance service
( of slip
[I Dockage, fuel, and marine supplies
[Dockage ("wet slips ") only, number of slips
❑ Dry storage; number of boats
❑ Boat ramp(s), number of boat ramps.
❑ Other, please describe:
i. Check the proposed type of siting. 1. Describe the typical boats to be served (e g., open runabout,
❑ Land cut and access channel charter boats, sail boats, mixed types)
❑Open water, dredging for basin and /or channel
Open water, no dredging required U n abOV
[]Other, please describe:
k Typical boat length: R E C E I V E R i Will the faca it be open to the general public?
DCM WILMINGTON, N(C [:]Yes I4No
m. (i) Will the facility have tie pilings? S P 0 2�
❑Yes C]No U
(ii) If yes number of tie pilings?
q F r `' -A 11^1i?

Form DCM MP -4 (Structures, Page 2 of 4)
[ 2. DOCKING FACIUMMARINA OPERATIONS whis 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
❑ Boatholding tank pumpout, Give type and location
b. Describe treatment type and disposal location for all sanitary wastewater
C Describe the disposal of solid waste, fish offal and trash
d How will overboard discharge of sewage from boats be controlled?
e (i) Give the location and number of "No Sewage Discharge" signs proposed
(n) 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
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 manna, what types of services are currently provided?
m Is the marina/docking facility proposed within a primary or secondary nursery area?
❑Yes []No
r
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Form ®CM 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 the marina /docking facility proposed within or adjacent to coastal wetlands /marsh (CW), submerged aquatic vegetation (SAV), shell bottom
(SIB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected
❑CW ❑SAV ❑SB
OWL ❑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) OThis section not applicable
a (i) Is the boathouse structure(s)
❑Commercial ❑Public/Government ❑Pnvate /Community
(n) Number
(iii) Length
(iv) Width
Note Roofed areas are calculated from dnpline dimensions
4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP -2, Excavation and Fill.) VThis section not applicable
a (i) Number
(ii) Length
(m) Width
5. BREAKWATER (e.g., wood, sheetpile,, etc.) GX&s section not applicable
a Length b Average distance from NHW, NWL, or wetlands
c Maximum distance beyond NHW, NWL or wetlands
6. MOORING PILINGS and BUOYS is section not applicable
a. Is the structure(s) b Number
❑Commercial ❑PubliclGovernment ❑Pnvate / Communty
c Distance to be placed beyond shoreline d Description of buoy (color, inscription, size, anchor, etc)
Note This should be measured from marsh edge, if present
e Arc of the swing
7. GENERAL
Fr
�es ono_�ana .. a_arsst_a ®macs ....,...... wen..nc4alraasno nennr�4 etc.A ro \ /SCPr1. 1212711 A

Form DCM PAP -4 (Structures, Page 4 of 4)
a Proximity of structure(s) to adjacent riparian property lines 'b Proximity of structure(s) to adjacent docking facilities
Note For buoy or moonng piling, use arc of swing including length
of vessel
c Width of water body
e (Q Will navigational aids be required as a result of the project?
❑Yes ❑No ❑NA
(u) If yes, explain what type and how they will be implemented
d. Water depth at waterward end of structure at NLW or NWL
8. OTHER 15This section not applicable
a Give complete description
Date
L
Q
Yn
"&�'VfLt
k
Ar (N
fio-plakrit Name
Applicant Signature
..,.... --A— revised: 12127106

Scale: 1:100 j
�L'1JGIPy' Cf1t!`ltllj
PIN: 4234-14-4498-0000
NAME: STUMPO RONALD A et al
ADDR: 11100 BRASS KETTLE RD
CITY: RALEIGH
STATE: NC
ZIP: 27614
PROPERTY ADDRESS: 122 SHAE'S LANDING
PROPERTY DESCRIPTON: SHAES LANDING PB
31/37 PLAT 15 PAGE 56 PB 31/72 8: PS 31/104
DATE: 7/ 23/ 1999
SALE PRICE: $272,500.00
PLAT:00310104
ACCOUNT: 590793.000000
TOWNSHIP: 102
TNSH DESC:TOPSAIL
ACRES: 0.22
LAND VALUE: $224,349.00
BUILDING VALUE: $161,961.00
TOTAL VALUE: $386,310.00
DEFERRED VALUE: $0.00 �y
SUBDIVISION: SHAES LANDING - �y
ZONE: R5 �fb�� V11� i \'�'�''��'Ji�, NC
TAX CODES: GO1 C53 R,0
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129 SHEAS LANDING DR DATE: DRAWN BY: SURF CITY, NC 28445
SURF CITY, N.C. SEPTEMBER 18, 2012 J. W. GILES
5ti/ 1 5
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