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HomeMy WebLinkAbout20090825 Ver 2_CAMA Application_20210915Project Narrative for Cottage Point HOA Paul Laniers Slip #2 To Whom it may concern, Our project is located at 103 Key West Lane in Newport, NC. We are proposing to move the existing boat lift in slip #2 out 5' water ward of its existing location. The purpose of this project is for recreational boating, fishing, wildlife observation and relaxation. Thank you for your time and consideration on this proposal. The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. Thank you, Andre Webb RECEIVED FEB 2 4 2021 DCM-MHD CITY Cottage. Pointe HOA 103 Key West Lane Newport, NC 28570 To Whom it my concern, This letter is to inform you that the riparian rights have been waived and agreed upon by the affected property owners as it pertains to our existing docking facility and boat slips. We have a written document stating the agreement with detailed explanation which we have provided to the Division of Coastal Management. Please feel free to contact me with any questions and t will be glad to assist you. Thank you, Cottage Pointe HOA Matthew Butler — 252-241-1453 JUL 26 20 Z1 DCM,MMp CITY COTTAGE POINTE SUBDIVISION AGREEMENT REGARDING BOAT SLIPS This Agreement regarding boat slips is dated for Purposes of reference the day of , 2010 and is nade by and between by Cottage Pointe Owners' Association, Inc., a North Carolina non-profit corporation (hereinafter "Association*) and the following owners of Lots in Cottage Pointe Subdivision •(a11 hereinafter collectively referred to "Slip owners") (1) Thomas John Giblin and wife, Jeanne Maria Gitlin, owners of Lot 5, Cottage Pointe Subdivision (herw; nArter "Giblin"); (2) Clark W. Hutchinson and wife, Elizabeth k Hutchinson, owners of Lot 6, Cottage Pointe Subdivision (hereinafter "Hutchinson") ; and (3) Thomas and Scott Construction, LLC, a North Carolina limited liability company, owners of Lot 7, Cottage Pointe Subdivision (hereinafter "Thomas and Scott") . STATEMENT OF EXPLANATION The Restrictive Covenants of Cottage Pointe Subdivision dated August 15, 2006, recorded in Hook 1186, Page 134, Carteret County Registry (herein referred to as the "Declaration") , established a waterfront pier, dock and access to the name for the use and enjoyment of the lot owners within the Cottage Pointe. The Declaration granted to the owners of Lot 7 the right to use a portion of the pier for installation of a boat slip and lift. Hutchinson as the owner of Lot 6, Cottage Pointe Subdivision, has certain riparian rights which are appurtenant to his omu:r1h1p Hutchinson has the right to erect a dock of Lot 6. As a result -, -:f'� �lv • area. The parties hereto have ���- "� and boat slip within his riparian 2 R DCM-MHD CITY -1 agreed it is their mutual interest that a dock and boat slips appurtenant to Lot 6 be consolidated and located on an extension of the Association's pier. A permit has been issued by the State of North Carolina Department of Environmental, and Natural Resources and Coastal Resources Commissions for construction of three boat slips to the west and attached to the Association's the existing pier and for the construction of a day dock to the east of the existing pier. One slip will be built and used by Hutchinson, and one will be built and used by Thomas and Scott. There will remain one boat slip and the Association has determined that the right to that slip should be assigned to Gitlin, the owner of Lot 5. By this Agreement the parties hereto set forth the agreement regarding the use of the boat slips, their assignment and transfer. STATEMENT OF ASSIGNMENT For good and valuable consideration the receipt of which is hereby acknowledged, the parties hereto do agree as follows 1. Assignment of Slips. The slips shall be designated as Slip 1 which shall be the western moat slip, Slip 2 shall be the middle slip, and Slip 3 shall be the slip closest to the Association's pier end (see Attached Exhibit A) . The slips shall be assigned as follows: _3- a. Slip 1 to the owner of Lot 6 (currently gntchinson). b. Slip 2 to the owner of Lot 5 (currently Gitlin), c. Slip 3 to the owner of Lot 7 (currently Thomas and Scott) - 2. The Slip Owners shall be responsible for all costs of constructing their individual slip and the extension of the pier to access their slip. Following the completion of construction the Slip Owners shall be responsible for maintaining the portions of the pier adjacent and appurtenant to their slip and for maintaining their slip. The coat of extending utilities services to the slips shall be split equally by the Slip Owners and each Owner shall be responsible paying the reoccurring costs of any utility service for their assigned slip. 3. A Slip Owner may assign his right to use his slip to another owner in the subdivision. This assignment shall be made by a written agreement which is recorded in the Office of the Register of Deeds of Carteret County. Unless such assignment is made, the slips as assigned in paragraph 1 above shall be appurtenant to the identified lots. 4. This Agreement shall be binding on the parties hereto, their heirs, successors and assigns. (SIGNATURES ARE ON THE FOLLOWING PAGES) 'C.v JUL 2 6 r DCM-MHD CFr of -4- xN WXTNESS WHEREOF, the parties execute this instrument as . date and year first above written. of By: COTTAGE POINTE OWNERS' ASSOCIATION, INC. President STATE OF COUNTY OF I , the undersigned, a Notary aforesaid, certify that Public of the County and State President of Cottage Pointe Own Association, Inc. ers' North Carolina corporation, personally appeared before me this and acknowledged that he is President and that he, President, being authorized to do executed foregoing on behalf of the corporation. Witness my hand and official stamp or , 2010. so, a day of as the seal, this day Notary Public Printed Name of Notary Public My commission expires: JUL 2 DCM.MHD CITY COTTAGE POINTE HOMEOWNER'S ASSOCIATION ANNUAL MEETING WEDHESDAY, FEBRUARY 19, 2014, at 7:O0 P.M. 10 9 KEY WEST LANE, NEWPORT, NORTH CAROLINA of the Cottage Pointe Homeowners Association [HOAI was held on The fourth meeting at 109 Key West Lane, Newport, N.G. Those Wednesday, FebruaiY 19, 2014, at 7:00 p.m., Jerry attendance were: President Scott Cottrell, Secretary/Treasurer Eborn, Vice President Ed Tarbuttan• Tom Giblin, Jeanne Giblin, Robin Smith, Ed Smith, Richard Barrow, Janlyn Butler and Matthew Butler. Minutes: The Minutes of the last meeting on Saturday, March 31, 2012 were app REc/ED tuati presented. JUL 26 2021 DCM-MHD CITY Proxy Votes: David Garrison Clark Hutchinson Martin Giblin Robert Phelps Lot #1 Absent Financial Report: Secretary/Treasurer Jerry Eborn presented financial reports for 2012, 2013 and 2014. As of this date, February 19, 2014, there is $1,848.09 in the account. The financial reports are attached to these minutes. Most of the expenditures relate to the electricity for the well pump for irrigation at the entrance, maintenance of the grass and shrubs and occasional landscaping work. In 2013, the homeowner's fees were collected from all 12 of the lots in the subdivision. The dues for this coming year of $300 per lot will be assessed and collected beginning this evening. It was the consensus of those present to keep the present homeowner's dues to $300 per year per lot. New Business: Lot #4 Lot #6 Lot #8 were all received. Tom Giblin commented that $5,000 was spent by the owners of the boat lifts to get a survey for a major CAMA permit for the extension of the common dock. He continued that as Ed Smith put money in toward the construction of the dock, it was acknowledged that a boat lift space would be encumbered by his lot [from Lot #5] and this will have to be changed in the bylaws of the homeowner's association. The dock extension is on the riparian rights of Lot #6. Water service still needs to be placed on the dock, however, the water line to the dock is already in place. Tom Giblin proposed that the costs [impact fees] to hook up to a water source be encumbered by the three [3] boat lift owners, Clark Hutchinson, Thomas & Scott Construction and Ed Smith. He continued that $400 had already been placed on the account of Thomas & Scott Construction for the electricity to the dock with Carteret/Craven Electric Company. Je Ebom made the motion to place the electricity for the dock on the Homeowner's Association Account This was seconded by Tom Giblin and carried unanimously. Ro bin Smith made the motion that the water account bill for the water being used on the dock be equally shared among the lots as each house is built. This was carried unanimously. DCM MP-1 APPLICATION lor Major Development Permit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name 4 , r ,e '7 // v) // 4 Project Name (if applicable) c- / r'Jreilf T'Z,//7 7/ 2- Applicant 1: First Name MI Last Name Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address /0 5 /Q r w6$ I zi/vv/ PO Box City ,,4,4), State "/�� ZIP 2 PS 7O Country C.47 Phone Phone No. J 75 Z-- Z'1/- /q5 ?ext. FAX No. - - Street Address (if different from above) City State ZIP Email 2. Agent/Contractor Information Business Name A,Ve7C- /NC, Agent/ Contractor 1: First Name MI Last��e, Agent/ Contractor 2: First Name MI Last Name Mailing Addressy�{�/ /// A o(J., AC. Pc) / I '/ 1) PO Box City �] 9///(/ / /��f / - 4 i' t/ I&?/ State State / k ZIP .Z� 5561 Phone No. 1 zs-Z, - 6‘J - 4/376 ext. Phone No. 2 - - ext. FAX No. Contractor # '74177Z Street Address (if different from above) City State ZIP Email / `4%eI60 clf !, C eilic:. / / , C.Z s-r <Form continues on back> RECEIVED FEB 24 2021 W + i!` w '. d::, c.A a 6: r. 4Ica a ti d DCM-MHD CITY Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) CA Krcger Street Address /0 3 /K(-r' l.)r=ST ipt4 State Rd. # Subdivision Name 6077 IQWG 'Pamir City N wpv/1T" State ,I,)- Zip 95- 70 Phone No. // 2S2 -665 - G078 ext. Lot No.(s) (if many, attach additional page with list) , , , , a. In which NC river basin is the project located? � �- noe b. Name of body of water nearest to proposed 'Kg4O project o cge L' e c 2 7 a c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. 60(:- sediArp )1Natural ■ Manmade • Unknown e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed work falls within. • Yes o 4. Site Description a. Total length of shoreline on the tract (ft.) 22' b. Size of entire tract (sq.ft.) '3/;l'7.7 c. Size of individual lot(s) PMNWL (If many lot sizes, please attach additional page with a list) d. Approximate elevation of tract above NHW (normal high water) or (normal water level) XNHW or IN NWL e. Vegetation on tract 6.(g�s -7-g6te s S 6iiza s f. Man-made features and uses now on tract iaRi' H/10c/l A'vc E g. Identify and describe the existing land uses adjacent to the proposed project site. Z - 5 /0f/"Ti iA4 .P1")e Lc:.iN6 h. How does local govemment zone the tract? 224-57)2("irifiL. / i. Is the proposed project consistent with the applicable zoning? (Attach zoning compliance certificate, if applicable) 'Yes ■ No ■ NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ■ Yes So k. Has a professional archaeological assessment been done for the tract? If yes, by whom? If yes, attach a copy. ■ Yes ■ NoNA I. Is the proposed project located in a National Registered Historic District National Register listed or eligible property? or does it involve a ■ Yes ■ NoIA <Form continues on next page> RECEIVED a 8 CF.,i ,{i vv tfq r 1: .5 a S. t: •iti V an c1 Vi k," FFB 2 4 2021 DCM-MHD CITY Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? (ii) Are there coastal wetlands on the site? (iii) If yes to either (i) or (ii) above, has a delineation been conducted? (Attach documentation, if available) 71Yes ■ No Igies • No ■ Yes ANo n. Describe existing wastewater treatment facilities. C AVii Y Ri-D -p77,e o. Describe existing drinking water supply source. We"' p. Describe existing storm water management or treatment systems. 5 thepA 66 g-A)-OrF 5. Activities and Impacts a. Will the project be for commercial, public, or private use? • Commercial ■ PubliclGovemment Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. gt ATio AL- f —/C14/A, 6 / gv nTi/v / /:,,i/ />‘;'r'' (.4 i61/a%/ i~,A) /. r Fee/✓ 770,'j 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. 00g.66- / j' 'g PoV', No//e: Mevto / ;(3 6 . 5-7o'' o 43/✓ S'76 d. List all development activities you propose. ,410 - / 5T,ry 6 &�T C,44r % ^" SG/P 5' Z Oar S"' i d)47Z`r2 di06 p/ /7 fix/ /7fr� L_oc e)/1a/'') e. Are the proposed activities maintenance of an existing project, new work, or both?D j f. What is the approximate total disturbed land area resulting from the proposed project? q.Ft or II Acres � g. Will the proposed project encroach on any public easement, public accessway or other area IN Yes Alo ■ NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. i. Will wastewater or stormwater be discharged into a wetland? ■ Yes • No ,NA If yes, will this discharged water be of the same salinity as the receiving water? ■ Yes ■ No ►: A j. Is there any mitigation proposed? • Yes • No ►': • A If yes, attach a mitigation proposal. Form continues on back> RECEIVED FEB 2 4 2021 rub: `;'4 F P c nl ,' }. ,3 I17fa Ci ei r i � . i . n "'' :: ``' bCM-MHD CITY 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) - (f) are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? ff 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 its yr 7 ' JJt CN/t t /'3 / r Y ive.s i' 64Am Phone No. Address Po, f3o 'i 3S f1Witi1i NC Z5S? I J Name 3R4,,+,)pvN "RV C4 Phone No. Address 3L 3 B /✓iCNMA," 09 N(-I ttio,r, /VC 1, ' 70 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. 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. T ie- 1 %4'd Date 10Z'/5 d 2°2,1 Print Name Signature Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development -X)CM MP-4 Structures Information RECEIVED FEB 2 4 2021 DCM-MHD CITY Form DCM MP-4 STRUCTU RES (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 ['This section not applicable a. (i) Is the docking facility/marina: b. (i) Will the facility be open to the general public? ['Commercial ['Public/Government .Private/Community ❑Yes)No c. (i) Dock(s) and/or pier(s) (ii) Number U (iii) Length (iv) Width (v) Floating ❑Yes ❑No d. (i) Are Finger Piers included? ['Yes If yes: (ii) Number (iii) Length (iv) Width (v) Floating ['Yes ❑No e. (i) Are Platforms included? ❑Yes//Vo f. (i) Are Boatlifts included?)Yes OW If yes: If yes: j (ii) Number 0 (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 proposed 0 (ii) Number of slips existing 3 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: m. (i) Will the f cility have tie pilings? ['Yes No (ii) If ye number of tie pilings? h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies Dockage ("wet slips") only, number of slips: ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). Cr i" %2'sMrc:1 i 5 I. (i) Will the fa,be open to the general public? ❑YesNo RECEIVED FEB 2 4 2021 DCM-MHD CITY Ih t c.,.d i:; ,ui... , ,.. .f 10 �k ! ry ggq� �y fps *�. 1� r .. �'1� { M v � �� Page 2 A tw�s ,�'. m '�� �� 1`� IY �G 3 vl','bf+ �.fi �1 � .� , � YC V� H. � �� �i �v�! d.;, A �i.A � �'�. S .Y'" i� � � �;n "`��s 9• 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 ❑ 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? A e. (i) Give the location and number of "No Sewage Discharge" signs proposed. N%A (ii) Give the location and number of "Pumpout Available" signs proposed. NVA f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. /LIM 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. N/� What will be the marina policy on overnight and live -aboard dockage? N/A 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? RECEIVED FEB 2 4 2021 DCM-MHD CITY f r QJ ,., Fj8 41kC.0A :'..lt" l.: _ atia2,:•+ n{Q t"tz 3'? v '2.; 2 727'f "y } 0 v ; a C rIVI P n# w Zit u t D e,,sr, Page 3 of ki•) m. Is the marina/docking facility proposed within a primary or secondary nursery area? ['Yes No n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ['Yes XNo o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? if any boxes are checked, provide the number of square feet affected. CW 97' ❑SAV ❑SB WL ['None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑YesTNo If yes, give the name and address of the Ieaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) \ifThis 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.) -RtThis section not applicable a. (i) Number (ii) Length (iii) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) This section not applicable a. Length c. Maximum distance beyond NHW, NWL or wetlands b. Average distance from NHW, NWL, or wetlands 5. MOORING PILINGS and BUOYS This section not applicable a. Is the structure(s): ['Commercial ❑Public/Govemment ❑Private/Community c. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing b. Number d. Description of buoy (color, inscription, size, anchor, etc.) RECEIVED FEB 2 4 2021 DCM-MHD CITY Form DCM i. iq n4 (St.ruct. , Page e 4 of 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body 360 e. (i) Will naviga 'oval aids be required as a result of the project? DYes No DNA (ii) If yes, xplain what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking facilities. d. Water depth at waterward end of structure at NLW or NWL z, Og 8. OTHER ❑This section not applicable a. Give complete description: 2 - /s Zo . / Date iu/'teies' ,SL/fi x Project Name rileeg Applicant Nam 477t7 .' AT OA Applicant Signature RECEIVED FEB 2 4 2021 DCM-MHD CITY a s zlr i 6 , �" r e ai C '2106 ,�+: 3'�.. t`'1 ��{� r��t1 v%`�A A� '�,.�(„���y..d�.9'§'2a k"tri�`t.�,,.si!+ "`� �€! ;3h *>/U',���. �i vkr'.'� c�i$b`i1s27�au,$ � @^u 6 �7�, 4a4 �: 3" �ds:?il:�i:3;� 1 rf',SS , CARTERET. COUNTY 26195 0iie5izee6 . $800.00 BTATE FrHp�INA .. Real Estate "# Excise Tax Melanie Arthur • 3P CARTERET COUNTY JL. Date 01/06/2006 Time 13:26:00 OR 1151433 Page ,1. of 3 NORTH CAROLINA, CARTERET COUNTY This Instrument and this certificate are duly filed MI the date and time and in the Book a;tr ?age shown on the first page hereof. mMele/niiee Arthur, RE' r DeedsMa MciamolDepa Space Above This Line For Recording Data WARRANTY DEED Prepared By: Samuel A. McConkey, Jr., Attorney at Law STATE OF NORTH CAROLINA COUNTY OF CARTERET Documentary Stamps: $800.00 Parcel #6316.04.60.1574000 (split) THIS WARRANTY DEED made and entered into this 6`h day of January, 2006, by and between: JAMES H. WHITE and wife, BRENDA C. WHITE 0 Carteret County, North Carolina (hereinafter "GRANTOR") and THOMAS AND SCOTT CONSTRUCTION, LLC, a North Carolina Limited Liability Company whose address is: 115 Glenn Abby Drive Morehead City, NC 28557 (hereinafter "GRANTEE") The designation GRANTOR and GRANTEE as used herein shall include said parties, their heirs, successors and assigns and shall include singular, plural, masculine, feminine or neuter as required by context. K l PPAGF,� RECEIVED FEB 2 4 2021 DCM-MHD CITY WITNESSETH: That the GRANTOR, for a valuable consideration paid by the GRANTEE, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the GRANTEE in fee simple, all that certain lot, tract or parcel of land situated in Morehead Township, Carteret County, North Carolina and more particularly described as follows: See Exhibit A attached hereto and incorporated herein by reference. The above described property is conveyed and accepted subject such easements, restrictions and rights of way as appear of record in the Carteret County Registry. TO HAVE AND TO HOLD the aforesaid lot, tract or parcel of land and all privileges and appurtenances thereto belonging to the GRANTEE in fee simple. And the GRANTOR covenants with the GRANTEE, that GRANTOR is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that GRANTOR will warrant and defend the title against the lawful claims of all persons whomsoever excluding the exceptions stated herein and designated on the map referred to above. IN WITNESS WHEREOF, the GRANTOR has hereunto set its hand and seal, the day and year first above written. (SEAL) mes H. White, Grantor 0. WR (SEAL) Brenda C. White, Grantor STATE OF NORTH CAROLINA COUNTY OF CARTERET I, a Notary Public of the county and state aforesaid, do hereby certify that James H. White and wife, Brenda C. White, personally came before me this day and acknowledged the execution of thfaregoing instrument. hand and official stamp or seal, this (off day of January, 2006. n expires: '1) (2 Jzcc i3.00K _ 1 167 _ ,PAGE, 23 RECEIVED FEB 2 4 2021 DCM-MHD CITY EXHIBIT A North Carolina Carteret County White Oak Township. Beginning at a point in the northern right-of-way margin of NC Highway 24, which point is located.N 14-42-05 E. a distance of 62,62 feet from the intersection of the centerline of Pearson Drive and NC Highway 24', which point is also the southwest corner of the lands now or formerly belonging to Jay Wood (Deed Book 704, page 105, Carteret County Registry); running thence S 67-50-43 W, and along the northern right-of-way margin of NC Highway 24, a distance of 378.45 feet to a point; running thence N 06-50-00 W, and along the east line of the Kohlmeyer (now or formerly) property, a distance of 860.0 feet to a point; thence N 35-57-51 E, a distance of 30.0 feet to a point; thence S 54-02-09 E a distance of 40.0 feet to a point; thence N 40-08-01 E, a distance of 249.35 feet to a point in the highwater mark of the waters of Broad Creek; running thence with the waters of the highwater mark of Broad Creek, S 62-13-48 E, a distance of 33.39 feet and S 29-48-40 E, a distance of 41.58 feet; and S 45-38-43 E a distance of 22.79 feet to a point marking the northwest corner of the now or former lands of Robert M. Lawrence (Book 855, page 544, Carteret County Registry); running thence S 06-50-00 E, and with the Lawrence west line, a distance of 180.0 feet; thence N 83-10-00 E, and with the Lawrence south line, a distance of 95.0 feet to a point; running thence S 06-50-00 E, and with the west lines of the lands of White, Russell, and Wood, a distance of 670.0 feet to the point or place of beginning. Containing 7,2 acres, more or less, in!accordance with survey prepared by Powell Surveying, PA, dated June 7, 2005, revised July 6, 2005 and September 23, 2005, entitled "Cottage Landing", to which reference is made for greater certainty of description. RECEIVED FEB 2 4 2021 DCM-MHD CITY DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Cottage Point HOA 2. LOCATION OF PROJECT SITE: HOA Property adjacent to 113 Key West Lane along Broad Creek, in Newport, Carteret County. Longitude: 34°43'28 Latitude: 76°56'55 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 3/4/2021 Was Applicant Present — No Photos Taken — No 5. PROCESSING PROCEDURE: Application Received: Officially Submitted: 2/24/2021 Complete — 7/26/2021 Office - MHC 6. SITE DESCRIPTION: (A) Local Land Use Plan — Carteret County Land Classification from LUP — Single Family Residential/Conservation (B) AEC(s) Involved: EW, PTA (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing — Onsite Septic System Planned - None (F) Type of Structures: Existing — 3 slip docking facility Planned- relocate existing slip number 2 with boatlift 5' waterward (G) Estimated Annual Rate of Erosion: N/A Source — N/A 7. HABITAT DESCRIPTION: DREDGED FILLED OTHER (A) Shallow Bottom N/A N/A 143 ft2 Inc. (D) Total Area Disturbed 143 ft2 (E) Primary Nursery Area: No (F) Water Classification: HQW/SA 8. Project Summary: Open: Yes The proposed project is for moving the existing slip number two with boatlift waterward 5' from its current location which would place it outside of the current 3 slip docking facility footprint. 9. Narrative Description: The Cottage Point HOA project is located at the end of Key West Lane in Newport, Field Investigation Report Cottage Point HOA Key West Lane Page 2 of 3 Carteret County. The site is found by following Highway 24 east towards the Broad Creek Bridge. Key West Lane is on the left and approximately 1,307 feet from the Croatan High School stop light. Follow Key West Lane to the cul-de-sac and you will see the HOA pier. The residential property is .73 acres (31,9763 sf) in its entirety and an average of 5' above nhw. Broad Creek runs along the north side of the property. The upland vegetation mainly consists of lawn grasses. There is a 22' x 33' section of coastal wetlands, which consists mostly of (Spartina alterniflora) along the 22' of shoreline on Broad Creek. The waters of Bogue Sound have approximately 2.0' lunar tidal amplitude. The Division of Water Resources classifies this area as HQW/SA Waters. This area of Broad Creek is designated as a Primary Nursery Area and is open to the taking of shellfish. The Carteret County Land Use Plan classifies this area as Single Family Residential with Conservation within the AECs. According to Google Earth spacial data, the channel edge is located approximately 30' waterward (north) of the most northern existing platform, boatlifts and finger piers. Water depths within the slip areas are-2.15'nlw/mlw to -2.85' nlw/mlw. The bottom substrate is sand/silt and no SAV were observed within the proposed slip relocation. Broad Creek is approximately 280' wide at the most constrictive point within this location (used the marsh "knuckle" along the west side of slip #3). 10) Proposed Development: The applicant is proposing to relocate slip # 2 with boatlift 5' waterward of its current location at the existing three slip docking facility. The existing pier and platform currently have 3 four pole boatlifts and finger piers. The existing pier and platform extend a maximum of 125' from NHW and the edge of marsh along the HOA shoreline. There are no SAV within the proposed boatlift relocation. The water depths within the proposed boatlift relocation are an average of -2.5' nlw. All portions of the relocated boatlift would be landward of the channel edge of approximately 25'. Riparian corridors were determined by the original 2009 major permit, existing pier alignment, channel location and channel alignment. There would be a total of three slips (three existing slips). The boat size would be limited to a maximum of 21' and of open runabout design. The water depths within the slip areas are -2.15' nlw to 2.85' nlw/mlw depending on location, with connecting water depths of -2.85' plus nlw/mlw. 11. Anticipated Impacts: The proposed boatlift relocation would incorporate 143 ft2 of shallow bottom habitat. The development would not increase the number of existing slips (3). The increase in suspended sediment and turbidity levels from the piling placement would be temporary, occur while the piling placement is taking place and should be minimal given the bottom composition. The relocated boatlift should not be a hindrance to navigation due to the fact all portions would be located landward 25' from the historic channel edge. The proposed boatlift relocation would also meet the minimum 15' setback from the riparian access lines and not exceed a maximum distance of 83' waterward of the edge of marsh directly south of slip #2 and no more than 70' beyond the marsh" knuckle" west of slip # 3. The 1/4 limitation for a 280' wide water body is a maximum of 70' at the most constrictive point. The proposal meets this limitation at this area. The existing three slip docking facility determines the existing pier head length along this shoreline with the proposed boatlift relocation extending 5' farther than the existing location. No SAV where observed within the proposed platform and slip areas. Name: Heather M. Styron Date: 9/15/2021 Office: Morehead City MAJOR PERMIT FEE MATRIX Applicant: C ,Lc €. Pa i, rf.E T 9 O COI W i t Selection C Development Type I. Private, non-commercial development that does not involve the filling or excavation of any wetlands or onen water areas: mat via II. Public or commercial development that does not involve the filling or excavation of any wetlands or onen water areas: Major Modification to a CAMA Maior .ermit III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A, B, C, or D below annlies: Ili(A). Private, non- commercial development, if General Water Quality Certification No. 4097 (See attached can be annlied: lh ). Public or commercial development, if General Water Quality Certification No. 4097 (See attached) can be annlies: IIuC). If General Water Quality Certification No. 4097 (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 ani latic Life: IlRL)). If General Water Quality Certification No. 4097 (see attached) cannot be annlied: IV. For development that involves the filling and/or excavation of more than one acre of wetlands and/or onen water areas: Fee $250 $400 $250 $400 DCM% (14300 1601 4351000931625 6253) $400 100% ($250) $400 100% ($400) 100% ($250) $475 100% ($250) 100% ($400) DWQ % (24300 1602 435100095 2341) 0% ($0) 60% ($240) 0% ($0) 60% ($240) 60% ($285) 0% ($0) 0% ($0) 0% ($0) 40% ($160) 40% ($160) 40% ($190) ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director September 15, 2021 MEMORANDUM: FROM: NORTH CAROLINA Environmental Quality Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) gregq.bodnar@NCDENR.gov SUBJECT: CAMA / Dredge and Fill Application Review Applicant: Cottage Pointe HOA Project Location: 103 Key West Lane, Carteret County Proposed Project: Move existing boat lift Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by October 15, 2021. If you have any questions regarding the proposed project, contact Heather Styron 252-808-2808. when appropriate, in-depth comments with supporting data is requested. REPLY: PRINT NAME AGENCY SIGNATURE DATE This agency has no objection to the project as proposed. **Additional comments may be attached** 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. North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1400 Commerce Avenue I Moorehead City, North Carolina 28557 252.808.2808 NnRn I caaoi inn Deportment at Environmental nuel-n` /." COTTAGE D D \T OA (DAJL LA\IER'S 103 <E" WEST LA\ \FWDORT, \C 2857C CART- RPT COJ\TY �OJ ECT LOCAT O\ vA D SLI Dl i RECEIVED FEB 2 4 2021 DCM-MHD CITY N 0 COVER SHEET / LOCATION MAP 3 0 171 AF11NG & nSGN cAL fl 5413 A OLP AKPOPf r?OAn N CO sz 0 -o c 0 0, '' 0 -2.75' —2.5' x —2.15' EXISTING FINGER DOCKS (3) EXISTING BOAT LIFTS —2.75' —2.15' x — 2.15' x — 1.35' MONTE HUTCHINS 113 KEY WEST LANE NEWPORT, NC EXISTING DOCK PLATFORM -2.85' EXISTING FLOATING DOCK — 2.25' — 1.35' EXISTING DOCKING FACILITY NORMAL HIGH WATERLINE COASTAL MARSH PROPERTY LINE EXISTING NEIGHBORING BOATLIFT 13' X 13' LEGEND BRANDON PRICE 3238 HWY 24 NEWPORT, NC x —2.15' COASTAL MARSH NORMAL HIGH WATERLINE (NHW) PROPERTY LINE WATER DEPTHS AT LOW TIDE SLIP NUMBERS EXISTING NEIGHBORING DOCKING FACILITY 0 SCALE: 1 "=20' RECEIVED FEB 2 4 2021 EXISTING SITE PLAN 6 0 tING & n�51GN fl sz t� O z co `N^ DCM-MHD CITY Y x -2.5 x -2.15' -2.75' EXISTING BOAT LIFT (SLIP 2) PROPOSED TO BE MOVED OUT 5' WATER -WARD OF EXISTING LOCATION x -2.75' EXISTING DOCK PLATFORM -2.85' EXISTING FINGER DOCKS -2.15' x - 2.15' THE ONLY WORK PROPOSED IS TO MOVE THE EXISTING BOAT LIFT IN SLIP NUMBER 2 5' WATER -WARD OF EXISTING LOCATION Y Y Y - 1.35' EXISTING FLOATING DOCK - 2.25' - 1.35' EXISTING DOCKING FACILITY 0 \ \ 2 , c IMONTE HUTCHINS �o o 113 KEY WEST LANE /0f<J,2�, NEWPORT, NC NORMAL HIGH WATERLINE COASTAL MARSH / PROPERTY LINE EXISTING NEIGHBORING BOATLIFT 13' X 13' / � Y Y / Y Y BRANDON PRICE 3238 HWY 24 f / NEWPORT, NC LEGEND x -2.15' COASTAL MARSH NORMAL HIGH WATERLINE (NHW) PROPERTY LINE WATER DEPTHS AT LOW TIDE SLIP NUMBERS EXISTING NEIGHBORING DOCKING FACILITY Y SCALE: 1 "=20' RECEIVED I -LB 2 4 20 0 CNI N N 0 v 0 U v) J 0 s 0 a 0 J V) U w I- zCC go J W � Z Qw Q oF- 2 (!) w 0 W M O o a 04 0 PROPOSED SITE PLAN VVM bf2&C INC. 0 <« T 0 0 0 DCM-MHD CITY EXISTING BOAT LIFT (SLIP 2) X-2.75' PROPOSED TO BE MOVED OUT 5' WATER -WARD OF EXISTING LOCATION X -2.5' X '� ll 1 0 0: -2.35' _ X -2.15' lik-2.35' /Pr EXISTING FINGER DOCKS X -2.15' THE ONLY WORK PROPOSED IS TO MOVE THE EXISTING BOAT LIFT IN SLIP NUMBER 2 5' WATER -WARD OF EXISTING LOCATION X -2.75' X -2.15' -1.35' EXISTING DOCK PLATFORM X 2.85' X 2.25' X -1.35' LEGEND x -2.15' 0 EXISTING FLOATING DOCK EXISTING DOCKING FACILITY WATER DEPTHS AT LOW TIDE SLIP NUMBERS SCALE: RECEIVED FEB 2 4 2021 DCM-MHD CITY N N d 0 D O U J 0 a 371 3 J C_ _ � 0 07 a_ J U) (r)0 z we zo J W aw a 0� =w O w C IJ M Qo 0 U Q. DOCK AREA 0 w 0 w c3 z w ' PFAF11NG & n51GN 5415A 252-665-4 78 0 a EXISTING DOCK WALKWAY EXISTING FINGER DOCK [p u u PILING MUDL NE EXISTI\G PROFILE ELEVATIO\ SCALE: 3/32"=1'- 0" EXISTING DOCK WALKWAY EXISTING FINGER DOCK PILING 1) (3) EXISTING BOAT LIFTS EXISTING 16'X20' PLATFORM EXISTING FLOATING DOCK NHW NLW MUDI INE (2) EXISTING BOAT LIFTS -I X (1) EXISTING BOAT LIFT MOVED WATER -WARD 5' OF EXISTING LOCATION EXISTING 16'X20' PLATFORM EXISTING FLOATING DOCK NHW N LW MUDLINE PROFILE PROFILE ELEVATIO\ SCALE: 3/32"=1'-0" MUDLINE RECEIVED FEB 2 4 2021 DCM-MHD CITY 0 NZ 0 0 0i M) 0 0 v 0 m ELEVATIONS w J Li 0 0_ 'WUr t7 AF11NG & n51GN 252 665-4 76 0 C O 0, .5 0 c