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HomeMy WebLinkAboutSW8970615_Historical File_20051101'. A Complete items 1, 2, and 3. Also c -0 (Domestic Migit Only, No Insurance Coverage Provided) item 4 if Restricted Delivery Is desl For delivery information visit our website at �: ■ Print your name and address on th o so that we can return the card to y rU , a.e . s Attach this card to the back of the rr1 $ 3 or on the front if space permits. Postage 1. Article Addressed to: O Certified Fee yap (` ao /� /•�,r ,,.a e fl— I� ti.!/� Return Receipt r Fee (Endorsement Required) �r Postmark- e� O F �2�'n2S I3Iu f{ e l m liva (EndoD Fee rsement Required) O `��j ro Total Postage & Fees fh o,r� No:. or PO Box No. (4110!✓1tels Uni City, State, ZIP+4S')w4 kcyri� ` ` 09 4- r 2. Article Number (Transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 .- r-" UNITED STATES POSTAL SERVICE First Class Mail Postage 8, Fees Paid LISPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • State of North Carolina Dept. of Environment & Natural Resources 127 Cardinal Drive Extension Wilmington, NC 28405 Attn:.Shaun a `� +� ittllljttlltl}})+,Iffiriftlftill�tlltlltt11111tiflt�tiillt►if1� Michael F. Easley, Governor William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality August 15, 2005 CERTIFIED MAIL #7005 0390 0001 3200 6943 RETURN RECEIPT REQUESTED Mr. Edwin Burnett, Member -Manager Barnes Bluff Associates, LLC 5001 O'Quinn Boulevard, Unit J Southport, NC 28461 Subject: NOTICE OF VIOLATION Barnes Bluff Subdivsion Stormwater Permit No. SW8 970615 Brunswick County Dear Mr. Burnett: On October 20, 2004, Wilmington Regional Office personnel requested additional information in regards to the permit modification that was submitted for the subject project on November 4, 2003. The project is located at Annie Mae's Way off Fish Factory Road, Highway 133, near Southport, in Brunswick County, North Carolina. A low density Stormwater Management Permit, Number SW8 970615, was issued to you on October 7, 1997, and included the development of 32 single family lots and a common area. The project has been found in violation of Stormwater Permit Number SW8 970615, issued pursuant to the requirements of 15A NCAC 2H.1000. The violations found are: 1. Section 11.5- failure to submit information requested by a representative of the Director within the time frame specified in the written request. 2. Section 1.8- failure to submit a copy of the recorded deed restrictions. On October 20, 2004, the Division requested that the second amendment to the deed restrictions be recorded and submitted in order to issue the permit modification. To date, the requested recorded deed restrictions have not been submitted. To correct these violations you must: 1. Provide a written "Plan of Action" which outlines the actions you will take to correct the violations and a time frame for completion of those actions, on or before September 15, 2005. 2. Submit a copy of the recorded deed restrictions. North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone (910) 796-7215 Customer Service1-877-623.6748 Wilmington Regional Office Wilmington, NC 28405-845 FAX (910) 350-2004 Internet h2o,enr.state.nc,us An Equal opportunity/Afflrmative Action Employer — 50% Recycled110% Post Consumer Paper 1V Ttt1Cal'0�� S aural August 15, 2005 Barnes Bluff Subdivision Stormwater Permit No. SW8 970615 Mod. Failure to provide the "Plan of Action" by September 15, 2005, or to correct the violations by the date designated in the "Plan of Action", are considered violations of 15A NCAC 2H.1000, and may result in the initiation of enforcement action which may include recommendations for the assessment of civil penalties, pursuant to NCGS 143- 215.6A. By copy of this letter to the Brunswick. County Building Inspector, this Office is requesting that the Building Inspector consider withholding building permits and Certificates of Occupancy for this project until this matter is satisfactorily resolved. If you have any questions concerning this matter, please call Linda Lewis at (910) 796- 7404. Sinc ly, Edward Beck Regional Supervisor Surface Water Protection Section ENB1arl: S:IWQSISTORMWATINOTICE1970615.aug05 cc: Phil Norris, P.E., Norris Kuske & Tunstall Delaney Aycock, Brunswick County Building Inspections Linda Lewis Central Office Page 2 of 2 State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office Michael F. Easley, Governor William G. Ross Jr., Secretary FAX COVER SHEET SLOB 9 g0(VI 5 JqC)j' Date: ICJ 20 —O 4- No. Of Pages: 2 To: Ib/i Levinai From: CO: - CO: FAX #: Z5 L - 9 5(0 Z FAX#: 910-350-2004 REMARKS: (�.eeA re5fll'6 6 tn S 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 Telephone (910) 395-3900 Fax (910) 350-2004 An Equal Opportunity Affirmative Action Employer i COMMUNICATION RESULT REPORT OCT,20.2004 :36PM) P. 1 7 FILE MODE OPTION -------------- 584 MEMORY T REASON FOR ERROR ADDRESS (GROUP) 92519562? NCDENR WIRO -------PAGE__ P. 2/2 E-1) HANG UP OR LINE FAIL E-2) BUSY E-3) NO ANSWER E-4) NO FACSIMILE CONNECTION State of North Carolina ., Depa bnent of Environment and Natural Resources Wihrlington Regional Office Michael F. Bosley, Governor 'William G, ].toss Jr., Secretary FAX COVER SHEET sw8 9 r3-OU15 %tom. Date; 10 r 2p ,0 4� No. Of pages: To • 1 t %eve. _ ' Fro>ln r FAX #: Z5-^ --- CO. -1 FAX#.. 910-350-2004 REMARKS:._ tm ,. 127 Car;lnnl I11Ye F.xtenalon Wllmin N.C. 28gQ5-3$gs T91tPht"10);PS- 00 Fus (910) M-2049 Equal Oppariunity ALrirmativeActlon pmpbyar 2Q 04 11:1la P.I ` Oct 4 1 STEVENS, MCGHEE, MORGAN, LENNON be TOLL. L.L.P. ATTORNEYS AND COUNSELORS AT LAW 602 MARKET STREET WILMIN13TON, N. C. 28401 9 1 0-753-36,56 JOHN A. STEVENS (1 805-1 000) KARL W. MCGHEE ( 1 923-1 95 1 ) RIGHARD M. MORGAN ALTON Y .LENNON ALAN E. TOLL MARK F. CARTER KuxT B. FRYAR TO: Ms. Linda Lewis FROM: Alton Lennon DATE: 10/20/04 MAILING ADDRESS: P. 0. DRAWER 59 I WILMINGTON, N,C.28AO2 FAOSI MILE 9 10-25 1-9562 FACSIMILE COVER PAGE C'\ a� 1J U. � NO. OF PAGES: _2. __ including cover page FAX NUMBER: 350-2004 RE: Barnes Bluff Subdivision Please see attached fax of 10/12/04. May we record this Second Amendment? Alton Lennon TO RECEIVER: IF YOU DO NOT RECEIVE ALL OF THESE PAGES, PLEASE CONTACT JERRY ALL PAGES HEREOF CONTAIN ATTORNEY PRIVILEGED AND CONFIDENTIAL INFORMATION. ALL PERSONS, OTHER THAN THOSE TO WHOM ADDRESSED ABOVE ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPY OF ANY PART HEREOF IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE IMMEDIATELY NOTIFY US AT THE TELEPHONE NUMBER SHOWN AT ABOVE RIGHT AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE UNITED STATES MAIL. THANK YOU. LindaLewisNCDE. ,11r. pleose go 0� �� �►�% recces% Oct 20 04 11:09a p.2 STEVENS, MCGHEE, MORGAN, LENNON & TOLL., L.L.P. ATTORNEYS AND COUNSELORS AT LAW E62 MARKET STREET WILMINGTON, N. C. 26401 JOHN A. S-EvEug (1 895- 1990) 9 10-753.36eo KARL W. MCGHEE (1523• I SB 1 ) RICHARD M. MORGAN .MAILING ADC.RE25: ALTON Y .LENNCN F. O. DRAWER sg A LAN E. TaLL Y�I,..,INCTCN. N.C.28a02 MARK F. CARTE:. KURT S. FRYAR FACSIMILE; sIo-251-9Sa2 FACSIMILE COVER PAGE TO: Ms. Linda Lewis FROM: Alton Lennon DATE: 10/12/04 NO. OF PAGES: 2 INCLUDING COVER PAGE FA-X NUMBER: 350-2004 RE: Barnes Bluff Subdivision To follow is page 2 of' corrected Amendment. May we now record this document? Thank you. Alton Lennon TO REC32VER: IF YOU DO NOT RECEIVE ALL OF THESE PAGES, PLEASE COHTACT ALL PACES HEREOF CONTAIN ATTORNEY PRIVILEGZD AM CONFIDENTIAL INFOR211ATION. ALL PERSONS, CT 3R TFaN THOSE TO WHOM ADDRESSED ABOVE ARE HEREBY NOTIFIED T:A= ANY OISSEMINATION, DISTRIBUTICN OR CO?: OF ANY PART HEREOF IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEA33 IMF;EDIAZELY NDTIFY US AT THE TELEPHONE NUMBER SHOWN ABOVE AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADD%.93 VIA THE UNITED STATES MAIL. THANK YOU. Oct, 20 04 11:09a P.1 STEVENS, JOHN A. STEvENS (I S95- 1 990) KARL W. MCGHEE (1 023- 1 95 1 ) RICHARO M. MORGAN ALTON Y .LENNON ALAN E. TOLL MARK F. CARTER KURT B. FRYAR MCGHEE, MORGAN, LENNON & TOLL, L. L.P. ATTORNEYS AND COUNSELORS AT LAW 602 MARKET STREET WILMINGTON, N. C. 2$401 B 1 0-763-36,56 FACSIMILE COVER PAGE TO: Ms. Linda Lewis FROM: Alton Lennon DATE: 10/20/04 NO. OF PAGES: _23_ including cover page FAX NUMBER: 350-2004 RE: Barnes Bluff Subdivision MAILING ADDRESS; 1'. 0. DRAWER 59 WILMINGTON, N.C.28402 FACSIMILE 9 1 0.25 1-9S52 Please see attached fax of 10/12/04. May we record this Second Amendment? Alton Lennon TO RECEIVER: IF YOU DO NOT RECEIVE ALL OF THESE PAGES, PLEASE CONTACT JERRY ALL PAGES HEREOF CONTAIN ATTORNEY PRIVILEGED AND CONFIDENTIAL INFORMATION. ALL PERSONS, OTHER THAN THOSE TO WHOM ADDRESSED ABOVE ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPY OF ANY PART HEREOF IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE IMMEDIATELY NOTIFY US AT THE TELEPHONE NUMBER SHOWN AT ABOVE RIGHT AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE UNITED STATES NTAIL. THANK YOU. LindaLewisNCDE. P. 1 COMMUNICATION RESULT REPORT ( OCT.12.2004 FILE MODE OPTION --------------------------- 402 MEMORY T`.; REASON FOR ERROR E-1) HANG UP OR LINE FAIL E-3) NO ANSWER 0 V+JAT y G ADDRESS (GROUP) ----- 9-2519562 9:36AM ) TTI RESULT ----------- OK NCDENR WIRO PAGE --------P . 1/ 1 E-2) BUSY E-4) NO FACSIMILE CONNECTION Mioheel F. Easley, Governor William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality FAX COVER SHEET Date: October 12, 2004 No. of pages: 1 To: Alton Lennon From: Linda Lewis Company: Stev4ns, McGhee, Morgan Lennon & Tall, LLP Water Quality Section - Stormwater FAX #: 2514562 FAX # 910-350.2004 Phone # 910.395.3900 DWQ Stormwater Project Number: SW8 970616 Mod. Project Name: Barnes Bluff Subdivision MESSAGE: Mr, Lennon: I have reviewed the amended covenants you submitted on October 11, 2004, for the subject project and requesTtne fbiiowing revision: Delete the Word "Wokways" from the definition of built -upon area. The definition should read as follows,, "Built upon area includes, but is not limited to structures, asphalt, concrete, gravel, Michael F. Easley, Governor William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality FAX COVER SHEET Date: October 12, 2004 No. of Pages: 1 To: Alton Lennon From: Linda Lewis Company: Stevens, McGhee, Morgan Lennon & Toll, LLP Water Quality Section - Stormwater FAX #: 251-9562 FAX # 910-360-2004 Phone # 910-395-3900 DWQ Stormwater Project Number: SW8 970615 Mod. Project Name: Barnes Bluff Subdivision MESSAGE: Mr. Lennon: I have reviewed the amended covenants you submitted on October 11, 2004, for the subject project and request the following revision: Delete the word "walkways" from the definition of built -upon area. The definition should read as follows: "Built -upon area includes, but is not limited to structures, asphalt, concrete, gravel, brick, stone, slate or coquina..." The intent is that any surface, not just walkway surfaces, is considered built -upon area. RSS1arl: S:1WQSISTORMWATIADDINFO120041970615-2.oct04 North Carolina Division of Water Quality 127 Cardinal Drive Extens!on Phone (910) 395-3900 Customer Servicel-877-623-6748 Wilmington Regional Office Wilmington, NC 28405-3845 FAX (919) 733-2496 Internet: h2o.enr.state.nc.us An Equal Opportunity/Affirmative Adion Employer-50% Recydedl10% Post Consumer Paper No rthCarolina Nah aa!!y 0 c t ■ it 04 03:37p p.1 STEVENS, MCGHEE, MORGAN, LENNON & TOLL, L. L.P. ATTORNEYS AND COUNSELORS AT LAw 602 MARKET STREET WILMINGTON, N. C. 28401 .JOHN A. STEVENS I 1695- 1 990) 9 i 0-753-3666 KARL W. MCGHEE 11983- 1 98 1 ) RICHARD M. MORGAN ALTON Y. LENNON , ALAN E. TOLL MARK F. CARTER KURT B. FRYAR October 11, 2004 For Facsimile transmittal only: 910-350-2004 Ms. Linda Lewis Water Quality Section-Sto`rmwater DWQ STORMWATER PROJECT NUMBER: SW8 970615 Modification Project name: Barnes Bluff Subdivision Re: Your letter dated October 8; 2004 (copy attached) Dear Ms. Lewis; MAILING ADDRESS: P. O. DRAWER 59 WILMINGTON. N.C.28402 FACSIMILE 910-25 1-9562 As you may recall, our firm represents Barnes Bluff Associates, LLC, the Developer of Barnes Bluff Subdivision. Phil Norris, P.E. has asked that we respond to your letter above noted. In that regard, we submit for your consideration a proposed Second Amendment to the Declaration of Covenants, Conditions and Restrictions for the subject subdivision. Please be kind enough to review the same and advise as to what changes will be required to meet the conditions of your letter to Mr. Norris and the State's stormwater regulations. Please address your response to the undersigned as I have been asked to prepare the document. Thank you for your attention to this matter. STEVENS, CC: Phil Norris, P.E. Yours truly, 1JIORGAN, LENNON & TOLL, LLP Y. LENNON G WATFR Michael F. Easley, Governor CV NWilliam G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality FAX COVER SHEET Date: October 8 of Pages: 1 �P� 2004 No. i�vsej To: Phil Morris, P.E. From: Linda Lewis Company: Norris, Kuske & Tunstall Water Quality Section - Stormwater FAX #: 3434604 FAX # 910-350-2004 Phone # 910-395-3900 DWQ Stormwater'Project Number: SW8 970615 Modification Project Name: Barnes Bluff Subdivision MESSAGE: I The covenants that were recorded in May, 2004, approximately 4 months after Laurie sent you the correct language, still do not reflect the required language. On January 15, 2004, Laurie requested a copy of the proposed covenants, indicating that the wording may have changed since the 1997 approval, and she included a copy of the deed restriction document. Apparently, your client went on and recorded the deed restrictions without the permit, and will now need to file an amendment to add the missing stateme,�.hts and to correct errors in the filed document. This is why we review the proposed document -to avoid errors. The recorded document allows transfers of BUA between lot owners. Please add appropriate wording in the amendment to indicate that approval from the Division must be obtained prior to any transfer of BUA between owners. (This is not a permit modification, but will be treated as a Plan Revision, unless a large number of transfers occur). Please add the word. "Maximum" in front of Built -Upon Area: "The maximum Built Upon Area for each Lot shall be the amount of square feet as is shown on Attachment A..." Please add: "Each lot will maintain a 30' wide vegetated buffer between all impervious areas and surface waters." Please add: "All roof,Urains shall terminate at least 30' from the mean high water mark of surface waters." a' Please use the definition of built -upon area from the language document- "Built -upon area includes, but is not limited to, struOures, asphalt, concrete, gravel, brick, stone, slate and coquina, but does not include raised, open -wood decking or the water surface of swimming pools." There seems to be a discrepancy regarding the street BUA. The application and previous calculations list 54,014 square feet, but the new calculations use 53,846. What has changed at this site to warrant this reduction? Please submit the requested information by November 8, 2004. RSS1arl: S:IWQSISTORMWATERIADDINF0120041970615.oct04 North Carolina Division of Water Qdal'ity 127 Cardinal Drive Extension Phone (910) 395-3900 Customer Service1-877-523-6748 Wilmington Regional Office Wilmington, NC 28405,3845 FAX (919) 733-2496 Internet: h2o.ennstate.nc.us ��0ne iV O Carolina An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper &tMAY * * * COMMUNICATION RESULT REPORT ( OCT. 8.2004 5:03PN ) P. 1 FILE MODE 369 MEMORY T OPTION REASON FOR ERROR E-1) HANG UP OR LINE FAIL E-3) NO ANSWER r TTI NCDENR WIRO ADDRESS (GROUP) RESULT PAGE ----- ------------------------------------------------ 93439604 OK P. 1i1 E-2) BUSY E-4) NO FACSIMILE CONNECTION Michael F. Easley, Governor William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality FAX COVER SHEET rd Date, octWmr 8 2004 No. of Pages: VIA To: Phil Morris, P.E. From: Linda Lewis Company: Norris, Kuske & Tunstall Water Quality Section - Stormwater FAX #: 3434604 FAX # 910.350-2004 Phone # 910-395-3900 DWQ S,tormwater'Project Number: SW8 970615 Modification project Name; Barnes Bluff Subdivision MESSAGE; Phil: The covenants that were recorded in May, 2004, approximately 4 months after Laurie serit you the correct language, st1jN do not reflect the required language, an January 15, 2004, Laurie requested a copy of the proposed covenants, indicating that the wording may have changed since the 1997 approval, and she Irjpluded a copy of the deed restriction document. Apparently, your client went on and recorded the dGword restrictions without the permit, and will now nead to file an amendment to add the missing stateme ;ts and to correct errors in the filed document. This is why we review the proposed document -to avoid h rors. Thp ri-mrdad document allows transfers of BUA between lot owners. Please add appropriate wording WAT,F Michael F. Easley, Governor 101 �0 *.�G William G. Ross, Jr., Secretaryi� North Carolina Department of Environment and Natural Resources D, Alan W. Klimek, P.E. Director & Division of Water Quality FAX COVER SHEET Date: October 8, 2004 To: Phil Norris, P.E. Company: Norris, Kuske & Tunstall FAX #: 343-9604 No. of Pages: 4 From: Linda Lewis Water Quality Section - Stormwater FAX # 910-350-2004 Phone # 910-395-3900 DWQ Stormwater Project Number: SW8 970615 Modification Project Name: Barnes Bluff Subdivision MESSAGE: Phil: The covenants thaf were recorded in May, 2004, approximately 4 months after Laurie sent you the correct language, still do not reflect the required language. On January 15, 2004, Laurie requested a copy of the proposed covenants, indicating that the wording may have changed since the 1997 app�roval, and she included a copy of the deed restriction document. Apparently, your c1,.ent went on and recorded the deed restrictions without the permit, and will now need to file ani.amendment to add the missing statements and to correct errors in the filed document. This is Why we review the proposed document -to avoid errors. The recorded document allows transfers of BUA between lot owners. Please add appropriate wording in the amendment to indicate that approval from the Division must be obtained prior to any transfer of BUA between owners. (This is not a permit modification, but will be treated as a Plan Revision, unless a large number of transfers occur). Please add the word "Maximum" in front of Built -Upon Area: "The maximum Built Upon Area for each Lot shall be the amount of square feet as is shown on Attachment A..." Please add: "Each lot will maintain a 30' wide vegetated buffer between all impervious areas and surface waters:" Please add: "All r0of drains shall terminate at least 30' from the mean high water mark of surface waters." Please use the definition of built -upon area from the language document- "Built -upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate and coquina, but does not include raised, open wood decking or the water surface of swimming Pools." Please submit the requested information by November 8, 2004. RSS1arl: S:\WQSISTORMWATIADDINF0120041970615.oct04 North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone (910) 395-3900 Customer Servicel-877-623-6748 Wilmington Regional Office ='i Wilmington, NC 28405-3845 FAX (919) 733-2496 Internet h2o.enr.state.nc.us No'e1CaT01121 An Equal Opportunity/Affirmative j Oon Employer— 50% Recycled/10% Post Consumer Paper * * * COMMUNICATION RESULT REPORT ( OCT. 8.2004 4:58PM ) P. 1 FILE MODE OPTION --------------------------- 369 MEMORY T ADDRESS (GROUP) ----------------- 93439604 TTI NCDENR WIRO RESULT PAGE OK P. 4/4 REASON FOR ERROR E-1) HANG UP OR LINE FAIL E-2) BUSY E-3) NO ANSWER E-4) NO FACSIMILE CONNECTION 0� NNAr 9 Michael F. Easley, Governor William G. Ross, Jr., Secretary 3 North Carolina Department of Environment and Natural Resources ca='< Alan W. Klimek, P.E. Director Division of Water Quality • r. FAX COVER SHEET Date; OctoOer 8, 2004 To; Phil Norris, P.E. Company; Norris, Kuske & Tunstall FAX #: 343-0604 No. of Pages: 4 From; Linda Lewis Water Quality Section - Stormwater FAX # 9/04504004 Phone # 910-395.3900 DWQ Stormwater Project Number: 5W8 970616 modification Project Name: Barnes Bluff Subdivision MESSAGE: Phil: The covenants thaTwere recorded in May, 2004, approximately 4 months after Laurie sent you the correct langua§o, still do not reflect the required language, On January 15, 2004. Laurie requested a copy of the proposed covenants, indicating that the wording may have changed since the 1997 ap'roval, and she included a copy of the deed restriction document. Apparently, your c, gnt went on and recorded the deed resti7ctions without the permit, and will now need to file a :amendment to add the missing statements and to correct errors in the fled document. This is y we review the proposed document -to avoid errors. The recorded document allows transfers of BUA between lot owners. Please add appropriate Andrew & Kuske CONSULTING ENGINEERS, INC. 902 Market Street Wilmington, NC 28401-4733 910/343-9653 910/343-9604 Fax www.andrewandkuske.com July 20, 2004 Ms. Linda Lewis NC DENR Division of Water Quality Water Quality Section 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Re: SW8 970615 Modification South Harbor Village (Bames Bluff) Revision A & K Project No. 03211 Dear Ms. Lewis: John R. Andrew, P.E. John S. Tunstall, P.E. John A. Kuske, III, P.E. James T. Pyrtle, P.E. J. Phillip Norris, P.E. Neal W. Andrew, P.E. J.A. Kuske, P.E. of Counsel C. Lawrence Sneeden, Jr., P.E I'll-JU! 9 � 11004 We are responding to a letter from Laurie Munn dated January 15, 2004 as follows: 1. A low -density supplement is enclosed. 2. A copy of the deed restrictions are enclosed. 3. The common area allowment should be 8,301 SF. We have corrected this in the calculations and attachments. 4. The original permit was issued under the name of South Harbour Village. It is now Barnes Bluff Subdivision. We have enclosed the name / ownership change form. We are enclosing a low -density supplement (SWU-104), deed restrictions and name change form. Please let us know if you need any other information. Thank you for your assistance on this project. Sincerely, ANDREW & KUSKE '*-� 03211 07-20-04-s-sw response-Itr cc: Ed Burnett Alton Lennon, Atty, Date Design NORR[S, KUSKE & TUNSTALL fiheet Lp 0 902Market St. CONSULTING ENGINEERS INC. Wilmington,l N.C.28401 O% f Check Job �J► /7%�%j% i C -or &4w4le6 LvFF" Job Now 0101.1 Tom- 517t� s tic l)l o0 5.) &0 T5 rd 50 0r- RECEIVED JUL 21.2004 DWQ PROD # 5W 86C1 lC(Of S )1w LOT # 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 COMMON JPN/asn 03211 07-20-04-att. A -rev. ATTACHMENT "A" BUILT -UPON SCHEDULE BARNES BLUFF SUBDIVISION REVISED 07-20-04 MAXIMUM FT TO BE BUILT UPON RECEIVED JUL 212004 DWQ PROD # 5,754 5,754 5,754 5,754 5,754 5,804 5,754 8,000 5,754 5,877 6,212 5,754 5,754 5,754 5,754 5,754 6,205 6,243 6,357 8,875 10,000 6,253 5,920 5,771 5,978 5,754 5,754 5,754 10,000 10,000 10,000 10,000 8,301 South Harbor Village / Barnes Bluff Subdivision Subject: South Harbor Village / Barnes Bluff Subdivision From: Laurie Munn <Laurie.Munn@ncmail.net> Date: Fri, 02 Jul 2004 08:01:52 -0400 To: Phil Norris <pnorris@nkteng.com> Phil, The low -density supplement for South Harbor Village / Barnes Bluff was sent to Linda, so it has been on her desk for a while. Can you please respond to the January 15, 2004, request for additional info to make sure that everything is complete? I have attached the letter. I do not have a copy of the deed restrictions in the file. I would like to issue this permit asap. Thanks, Laurie _....__ .. - ... ....... .... ... .... ... ..... .. Content -Type: application/msword 970615MOD.janO4.docli Content -Encoding: base64 Pee wx+� clra?k�. l of 1 7/2/2004 8:02 AM NORRIS, KUSKE, & TUNSTALL J. Phillip Norris, P.E. John A. Kuske, III, P.E. John S. Tunstall, P.E. J.A. Kuske, P.E. CONSULTING ENGINEERS, INC. James T. Pyrtle, P.E. C. Lawrence Sneeden, Jr., P.E. 902 Market Street • Wilmington, NC 28401.4733 • Phone (910) 343-9653 • Fax (910) 343-9604 www.andrewandkuske.com • office@andrewandkuske.com LETTER OF TRANSMITTAL To: Linda Lewis Date: April 7, 2004 Job No. 03211 NC DENR - Wilmington Subject: SW8 970615 Modification South Harbor Village Brunswick County WE ARE SENDING YOU VIA HAND DELIVER ® ATTACHED ❑ UNDER SEPARATE COVER ❑ SHOP DRAWINGS ❑ PRINTS ❑ TRACINGS ❑ SPECIFICATIONS ❑ DISKS ❑ COPY OF LETTER 11 ❑ FAX TRANSMITTAL: NUMBER OF PAGES INCLUDING THIS TRANSMITTAL Call 910-343-9653 if you have any difficulty receiving this message. COPIES DATE NO. DESCRIPTION 1 State Stormwater Low Density Supplement (SWU-104) N APR 0 8 2004 LBY° ❑ AS REQUESTED ❑ FOR YOUR USE ❑ FOR REVIEW AND COMMENT ❑ FOR APPROVAL ❑ FOR BIDS DUE ❑ YOUR PRINTS LOANED TO US REMARKS: Per your comment letter of January 15, 2004, we are responding to comment #1 only at this time. We cannot respond to the remaining comments because we are awaiting a response from the owner. cc: Ed Bumette SIGNED J. Phillip Norris, P.E., / asn CONFIDENTIAL AND PRIVILEGED: Information contained in this document is privileged and confidential, intended for the sole use of the addressee. If you are not the addressee or the person responsible for delivering it to the addressee you are hereby notified that any dissemination, distribution or copying of this document is strictly prohibited. If you have received this document in error please immediately notify the sender and return to the address above. Q�OF wAr�QG y Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources -I Alan W. Klimek, P.E.,Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality January 15, 2004 Mr. E.L. Burnett, III Barnes Bluff Associates, LLC 5001 J. O'Quinn Boulevard Southport, NC 28461 Subject: REQUEST FOR ADDITIONAL INFORMATION Stormwater Project No. SW8 970615 Modification South Harbor Village Brunswick County Dear Mr. Burnett: The Wilmington Regional Office received a Stormwater Management Permit Application for South Harbor Village on November 4, 2003. A preliminary review of that information has determined that the application is not complete. The following information is needed to continue the stormwater review: 1. Please submit a low -density supplement. 2. Please provide a copy of the proposed deed restrictions to include all required conditions and limitations. The current deed restrictions do not include the revised lot allowances for built -upon area. The required restrictions may have changed since your last submittal. Therefore, I am enclosing a copy of the required restrictions. 3. The previous permit allows for 8,301 square feet of built -upon area for the common area. The current application allows for 8,130 square feet of built -upon area for the common area. Please verify that the common area has been reduced in size. 4. Is the project still named South Harbor Village, or has it changed names to Barnes Bluff Subdivision? If it has changed names, please complete Section II, Item 5 and provide your signature on page 2 of the enclosed Name/Ownership Change Form. Please note that this request for additional information is in response to a preliminary review. The requested information should be received by this Office prior to February 15, 2004, or the application will be returned as incomplete. The return of a project will necessitate resubmittal of all required items, including the application fee. If you need additional time to submit the information, please mail or fax your request for a time extension to the Division at the address and fax number at the bottom of this letter. The request must indicate the date by which you expect to submit the required information. The Division is allowed 90 days from the receipt of a completed application to issue the permit. The construction of any impervious surfaces, other than a construction entrance under an approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject to enforcement action pursuant to NCGS 143-215.6A. N. C. Division of Water Quality 127 Cardinal Drive Extension (910) 395-3900 Customer Service 0 Wilmington Regional Office Wilmington, NC 28405 (910) 350-2004 Fax 1 800 623-7748 54 L1 Mr. E.L. Burnett, III Page 2 January 15, 2004 Please reference the State assigned project number on all correspondence. Any original documents that need to be revised have been sent to the engineer or agent. All original documents must be returned or new originals must be provided. Copies are not acceptable. If you have any questions concerning this matter please feel free to call me at (910) 395-3900. Sincerely, Laurie Munn Environmental Engineer RSS/:Ism S:\WQS\STORMWAT\ADDINFO\2004\970615MOD.janO4.doc cc: Laurie Munn Phil Norris, P.E. Enclosures Andrew & Kuske CONSULTING ENGINEERS, INC. 902 Market Sheet Wilmington, NC 28401-4733 910/343-9653 910/343-9604 Fax www.androwandkuske.com October 30, 2003 Ms. Linda Lewis, Environmental Engineer NC DENR Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405-3845 John R. Andrew, P.E. J. Phillip Norris, P.E. John S. Tunstall, P.E. Neal W. Andrew, P.E. John A. Kuske, III, P.E. J.A. Kuske, P.E. of Counsel James T. Pyrhe, P.E. C. Lawrence Sneeden, Jr., P.E. Re: State Stormwater Permit Submittal South Harbor Village (Barnes Bluff Subdivision) Wilmington, NC A & K Project No. 03211 Dear Ms. Lewis: f4A61 �0 ou- Enclosed is one (1) set of calculations, the original Division of Water Quality Stormwater Management Permit application and a $420.00 check for the processing fee. There are no changes to the plans, only a reallocation of impervious surfaces. Please review this information for approval and contact us with any questions or comments you may have. Thank you for your assistance on this project. Sincerely, ANDREW & KE ONSU E GINEERS, J. Philli orris, P. 03211 10-30-03-"w-Itr Enclosures cc: E. L. Burnett, III / Barnes Bluff Associates, LLC NOV 4 2003 Date Design Andrew and Kuske FSheet 0 Z� r7z 902 Market St. CONSULTING ENGINEERS, INC. Wilmington, N.C. 28401Of Check Job ���„��✓�� For l�!✓� Job No. L�—j — T/O 1007`et 2��,% v l)Jo3.)6rn SF South Harbour Village -Barnes Bluff Subject: South Harbour Village -Barnes Bluff Date: Tue, 15 Oct 2002 14:47:27 -0400 From: Linda Lewis <Linda.Lewis@ncmail.net> Organization: NC DENR To: Kristie Corson <Kristie.Corson@ncmail.net> Dear Kristie: I've really goofed on this one. I know this is no excuse, but I've been so slammed with permit work lately, I barely have time to do the research I need to do before answering questions. I relied on my memory regarding this application. Here's the whole story: February 21- received a copy of CAMA Major application for community dock. March 7- Requested a modification for community dock. April 5- Laura Stasavich responds that a modification will be forthcoming. May 8- Laura Stasavich sends in a cover letter and a plan and requests an exemption because she does not think the mulched paths on the upland portion of the dock site are impervious. At this point, I can find no response from me to her request. Since more than 90 days has elapsed the permit is considered issued. I am truly sorry for the mix-up on this project. I'll try to remember to take the time to do the research on. projects before responding to you in the future. I hope this doesn't cause you a lot of grief in getting the CAMA issued. Linda 1 of 1 10/15/2002 2:47 PM A� FqCDENR North Carolina Department of Environment and Natural Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director September 23, 2002 Barnes Bluff Associates, LLC 5001 O' Quinn Street, Unit J Southport, NC 28561 Dear Sir or Madam: S SEP 24 2002 J Resources ---g_-.--._���,a_� . William G. Ross Jr., Secretary This letter is in response to your application request under the Coastal Area Management Act (CAMA) for the construction of a 10 slip docking facility within 75 feet of estuarine waters on your property located adjacent to the Atlantic Intracoastal Waterway and the Elizabeth River, in Brunswick County, North Carolina. Processing of the permit application, which was received by the Division of Coastal Management's Morehead City office on July 23, 2002, is ongoing. However, it has been determined that additional information will be required prior to the Division taking final action on your application. This item is summarized below: 1. The North Carolina Division of Water Quality, by way of a letter dated 3/7/2002, has determined that your proposed project will require a modification of Stormwater Permit SW8970615. The rules of the Coastal Resources Commission state that "no development shall be allowed in any Area of Environmental Concern (AEC) which would .result in a contravention or violation of any rules, regulations or laws of the State of North Carolina or local government in which the development takes place" (T15A:07H.0601), the Division has determined that in cases such as this, the stormwater permit modification must be obtained prior to the issuance of a CAMA permit. Therefore, it is necessary that processing of your permit application be placed in abeyance until such time as a stormwater permit modification for the proposed project is issued by the North Carolina Division of Water Quality, and a copy of the approval supplied to this office. As required by T15A:07J.0204(d), during the pendency of any termination of processing, the permit processing period will not run. Upon resolution of the above listed item, the Division of Coastal Management will resume processing of the application at the point where it was terminated. If you have any questions concerning these matters, please feel free to contact me by telephone (919/733-2293), fax (919/733-1495) or e-mail (kristie.corson@ncmail.net). Sincerely, Kristie F. Corson Assistant Permits & Consistency Coordinator cc: Janet Russell — DCM, Wilmington Linda Lewis — DWQ, Wilmington Laura Stasavich — Land Management Group 1638 Mail Service Center; Raleigh, North Carolina 27699-1638 Phone: 919-733-2293.\ FAX: 919-733-1495 \ Internet: httpJ/dcm2.enr.state.nc.us An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 100/6 Post Consumer Paper i ,n A r m� Ln �NIn— CV 00 01 aoJD LLJH Z ¢ �•�� 5 w oZD 0 1 �ozg> COma90 N g LO k � i f 1 l L� 1 }1 E �( O 2 a ca O O I I r J U W F m a rr ZAMA Major Permit application, arnes Bluff Residential Marina Applicant: Barnes Bluffs Associates, LLC Location: AIWW, Brunswick Co. Date: revised 5/2002 Sheet 4 of 5 2 At CIAW AM 25M S®l• 9yo-M.2-000Y 9&&dy...dam g' 9 5 April 2002 ��111.X Linda Lewis/ V NC Division of Water Quality 127 North Cardinal Drive Wilmington, NC 28405 RE: Modification of SW Permit No. SW8 970615 Barnes Bluff subdivision, Brunswick County Dear Ms. Lewis: gid& :4 -%-9-4 W05Wes, 9OWM4VAR, ✓%FB W403 This letter is a response to your 3/7/2002 letter which requested modification of the above -referenced stormwater permit. This modification request was triggered by submittal of a CAMA Major application for construction of a community dock system As the CAMA permit is currently under review and authorization to construct has not yet been obtained, no work is currently planned or ongoing. Any development on the property is limited to that which has already been authorized under SW8 970615. A stormwater modification package showing the proposed community dock system is currently being prepared and will be submitted to your office for review and approval. Sincerely, Laura Stasavich Environmental Scientist cc: Tara Rogers Alton Lennon By: LAND MANAGEMENT; 910 452 0060 ; Apr-5-02 10:53AM; Page 112 Land Management Group, Inc. Environmental Consultants MAILING ADDRESS: SHIPPING ADDRESS: TELEPHONE: P.C. 0" 2= 3805 Wdghkovitie Ave., iM4 office (910) 452-0001 Wilmington, N.C. 28402 Wilmington, N.C. 28403 fax (010) 4ia'2-0080 TO: Linda Lawb / Noel Lutheran 360' Z� DATE SENT: 5 Aue12002 ! FROM: Laura Stasnvich PAGES (including rove" t e By: LAND MANAGEMENT; 910 452 0060 ; Apr-5-02 10:53AM; Page 1/2 Land Management Group, Inc. Environmental Consultants MAILING ADDRESS: SHIPPING ADDRESS: TELEPHONE: P.O. B= 282.2 3810'6 Wrightsville rva., �14 office (S 10) 452- u001 Wilmington, N.C. 26402 Wilmington, N.C. 28403 fax (910) 4524)060 TO: Linda Lewis / Noel Lutbcm 360. 200 Y DATE SENT: 5 ABril 2002 FROM: Laura Stasavich PAGES (including cover) Sent By: LAND MANAGEMENT; 910 452 0060 ; Apr-5-02 10:53AM; Page 2/2 9 !!/!!.Q e�/( Q/I7.q�.Pi�il.P/ni�i 5�� Jft i. Atq2W5M. Vd.b.l. .A&A MaoY X( No•-&,x-000r 9WIC-ey SPA 96' SOrgG�ee� .il(oeemoR. 5 April 2002 Linda Lewis NC Division of Water Quality 127 North Cardinal Drive Wilmington, NC 28405 RE: Modification of SW Permit No. SW8 970615 Barnes Bluff subdivision, Rninswick County Dear Ms. Lewis: 5 a J* _t_v V_ Ad aaios 9A9A&W&.dWUW This letter is a response to your 3/7/2002 letter which requested modification of the above -referenced stormwater permit. This modification request was triggered by submittal of a CAMA Major application for construction of a community dock system. As the CAMA permit is currently under review and authorization to construct has not yet been obtained, no work is currently planned or ongoing. Any development on the property is limited to that which has thready been authorized under SW8 970615. A stormwater modification package showing the proposed community dock system is currently being prepared and will be submitted to your office for review and approval. Sincerely, Laura S ta_savich Environmental Scientist cc. Tara Rogers Alton Lennon STEVENS, MCGHEE, MORGAN, LENNON & TOLL, L.L.P. (�,{%6 n� ATTORNEYS AND COUNSELORS AT LAW �V 602 MARKET STREET n}V WILMINGTON, N. C. 28401 5 00 6 p � _ JOHN A. STEVENS (I 895- 1990) PHONE : 9 1 0-753-3665 S�l,/►J�i KARL W. MCGHEE (1923-1 98 1) 10 R1cHARD M. MORGAN MAILING ADDRESS: ALTON Y .LENNON P. O. DRAWER 59 ALAN E. TOLL WILMINGPON, N.C.28402 RUSE C. BRYAN FACSIMILE: JEANETTE W. JUNGREIS 9 1 0-25 1-9562 April 4, 2002 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Water Quality Division 127 Cardinal Drive Wilmington, N.C. 28405 FOR DELIVERY BY HAND ATTENTION: MS. LINDA. LEWIS, Environmental Engineer Re: REQUEST FOR STORMWATER MANAGEMENT PERMIT APPLICATION South Harbour Village Barnes Bluff; Stormwater Project No. SW 8970615 Modification Brunswick County Dear Ms. Lewis: In connection with your letter directed to our client Edwin L. Burnett, III, dated March 7, 2002, in the above matter (copy attached) , we are enclosing herewith the following documents: (1) Copy of Warranty Deed conveying the lands in the Barnes Bluff Subdivision from Point Associates, LLC, to Barnes Bluff Associates, LLC, the present owner, said deed having been recorded in Book 1259 at Page 1001 of the Brunswick County Registry.. (2) Copy of the Declaration of Covenants Conditions and Restrictions applicable to Barnes Bluff Subdivision which were recorded in the Brunswick County Registry in Book 1259 at page 1017 on or about November 6, 1998. (3) Copy of executed but unrecorded document entitled "First Amendment to the Declaration of Covenants Conditions and Restrictions Barnes Bluff Subdivision". (4) Permit Name Ownership Change Form and WATER QUALITY SECTION Coastal Stormwater Permit Name/Ownership Change Form executed by Mr. Burnett and by Viable Corp., an authtorized Member -manager of Barnes Bluff Associates, LLC. Please note that Mr. Burnett is President of the corporate mernber-manager of the Limited Liability Company. RECEIVED RPR 0 4 BY: Ms Linda Lewis Environmental Engineer Division of Water Quality April 4, 2002 Page Two: Please advise if you require additional documentation from us concerning the above matters. Meanwhile, we remain Yours truly, STEVENS, McGHEE, MORGAN, LENNON & TOLL, LLP CC: Edwin L. Burnett, Viable Corp. Barnes Bluff Associates, LLC AYL 2002B: BBSTRMWTERPRMT-1 03/13/2002 14:16 910-457-6480 VIABLE CORP PAGE 04 Michael F. Easley, Governor RECEIVEDWilliam G. Ross, Jr.. Secretary North Carolina Department of Environment and Natural Resources APR 0 4 2002 Gregory J. Thorpe, Ph.D.. Acting Director Division of Water Quality DWQ PROD # �, 7p[Q(-5 Wilmington Regional Ot"^e WATER QUALITY SECTION COASTAL STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM I. CURRENT PERMIT INFORMATION: Stormwater Management Permit Number: SW 8 9 7 0 615 1. Permit Holder's name: Edwin L . Burnett, I I I 2. Signing official's name: Edwin L . Burnett, III Title (person legally responsible for permit) 3. Mailing address: 1301 Heron Run Dr. City: Wilmington State: NC Zip Code: 28403 Phone: FAX FAX 910-454-7400 (Area Code and Number) (Ana Code end Number) II. NEW OWNER / PROJECT / ADDRESS INFORMATION 1. This request is for: (ocam dwk at that sppty) X A. Change in ownership ofthe property/company (Please complete Items #2, #3, and #4 below) b. Name chAge of project (Please complete Item #5 below) C. Mailing address change. (Please complete Item #4 below) d. Other (please explain): 2. New owner's name to be put on permit: Barnes Bluff Associates, L.L.C. 3. New owner's signing official's name and title: Viable Corp. ( Edwin L . Burnett I I I (Person legally responsible for permit) President) Member -Manager (Tide) 4. NewMailingaddress• 5001 O'Quinn Blvd., Unit i City: Southport NC 28465 910-454-7300 910-454-7400 State: - Code. Phone: FAX (Area Cade and Number) (Area Code and Number) 5. New Project Name to be placed on permit: Barnes Bluff Associates, L.L.C. N.C• OMS1on of ftAsr Ouallty 127 Cardinal Drive Extension Wlbnington, N.C. 29405 (910) 395.7900 Fss (910) 3M20N Customs► Service 600-423-77411 03/13/2802 14:16 910-457-6480 VIABLE CORP PAGE 05 PERMIT NAMWQMERSHIP CHANGE FORM THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION OF WATER QUALITY UNLESS ALL OF THE APPLICABLE ITEMS LISTED BELOW ARE INCLUDED WITH THE SUBMITTAL. REQ JIRED 1 rV%ls: P This completed form. �. Legal documentation of the transfer of ownership. 3 A copy of the recorded deed restrictions, if required by the permit. 4. The engineer's certification, if required by the permit. A signed Operation and Maintenance plan, if a system that requires maintenance will change ownership. CERTIFICATION MUST BE COMPLETED AND SIGNED BY BOTH THE CURRENT PERMIT HOLDER AND THE NEW APPLICANT IN THE CASE OF A CHANGE OF OWNERSHIP. FOR NAME CHANGES, COMPLETE AND SIGN ONLY THE CURRENT PERMITTEE'S CERTIFICATION. Current Peroaitt cle Certification: 1, Edwin L. Burnett, III , attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this applicadion are not completed and that if all required supporting information and attachments are not included, this application p�pkap will b ed as incomplete. Signature. 1 Date: 4/ 4/ 0 2 Edwin L. Burnett, III New Applicant's Cerdficatiame gmust be completed d1 .ran own h L Edwin L. Burnett, III, Pre-%e"nt o� V a*&e Corp., corporate Member -Manager of , Barnes Bluff Associates, sty m this application for an ownership change has been reviewed andis accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information and attachments are not included, this application package will be returned as incomplete. Signature. Barnes Bluff Associates, L.L.C. Date: 4/4/02 By: Viable Corp., Member -Manager TIME COMPLETED APMCATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION AND MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDRESS: North Carolina Department of Environment and Natural Resources Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 ATTN: Linda Lewis By 6AU^_ lzi_ Edwin L.-Burnett, III, President 2 z BK1259PG1001 Drawn By: Stevens, McGhee, Morgan, Lennon, O' Quinn FILED FOR REGISTRATIO1 & Toll, L.L.P., Attorneys at Law, Wilmington, NUTC. TIME STATE OF NORTH CAROLINA RECEIVED98 NOV -6 PSI 12: 08 COUNTY OF BRUNSWICK ROBERT J. ROBI,',ISCi l APR 0 4 2002 BRUNS WICK COUNTY. N.C. Tax Parcel ID No. DWQ ..JJ # 970&15 THIS DEED, made and entered into this 'day of September, 1998, by and between POINT ASSOCIATES, LLC, A NORTH CAROLINA LIMITED LIABILITY COMPANY, party of the first part; and BARNES BLUFF ASSOCIATES, LLC, ALSO A NORTH CAROLINA LIMITED LIABILITY COMPANY, whose address is P. 0. Box 24, Wilmington, North Carolina 28402, party of the second part; Qy� W I T H E S�S E T H NOW, THEREFORE, the party of the first part, for and in consideration of the sum of ONE DOLLAR ($1.00) and other good and valuable considerations to it in hand paid, the receipt of which is hereby acknowledged, has given, granted, bargained and sold, and by these presents does give, grant, bargain, sell and convey unto the said party of the second part, its successors and assigns, all that certain tract, parcel, or lot of land lying and being in Smithville Township, Brunswick County, State of North Carolina, described as follows, to -wit: SEE EXHIBIT "A" ATTACHED AND MADE A PART HEREOF Together with all and singular the lands, tenements, easements, and appurtenances thereunto belonging or in anywise appertaining, subject as aforesaid. TO HAVE AND TO HOLD the said tract or parcel of land and all privileges and appurtenances thereunto belonging, subject as aforesaid, to the said party of the second part its successors and assigns, Forever. And the said party of the first part does covenant that it is seized of said premises in fee and has the right to convey the same in fee simple; that the same is free from encumbrances, except as stated herein; and that it will WARRANT and DEFEND the said title to the same against the lawful claims and demands of any and all persons whomsoever. N WITNESS WHEREOF, the party of the first part has caused AUX rr GK 1259 PG 1002 this Deed to be signed in its name by its duly authorized Member - Managers as the act and deed of said Limited Liability Company the day and year first above written. POINT ASSOCIATES, LLC BY MEMBER MEMBER HOLDING CORP., MEMBER VICE PRESIDENT STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK I, �Amond 2.a� S a Notary Public of County, North Carolina, do hereby certify that EDWIN L. BURNETT, III, AND ALTON Y. LENNON, EACH personally appeared before me this day and acknowledged that they are each Member -Managers of POINT ASSOCIATES, LLC. A LIMITED LIABILITY COMPANY, and further each acknowledged that they each did duly execute the foregoing and annexed instrument on behalf of and as the deed and act of the said POINT ASSOCIATES, LLC. WITNESS my hand and notarial stamp or seal, this day of September, 1998. Notary Public My Commission Expires 10. SFr( t, h;;� e - .y:.�, •.� a BK1259PG1003 STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK I. '&Mo,.a �qq a Notary Public of Now Hanover County, North Carolina, do hereby certify that Alton Y. Lennon personally appeared before me this day and acknowledged that he is the Vice President of Wilmington Holding Corp., A North Carolina Corporation which, he also acknowledged, is a Member -Manager of POINT ASSOCIATES, LLC. A LIMITED LIABILITY COMPANY; that he further acknowledged that the foregoing and annexed instrument was signed himself as the Vice President of said corporation, attested by Haydee J. Hendrix as its Assistant Secretary, with its corporate seal affixed, all by authority of"its Board of Directors, and as a Member of, on behalf of, and as the deed and act of the said POINT ASSOCIATES, LLC. WITNESS my hand and notarial stamp or seal, this day of i September, 1998. Notary Public 41. 60 /jjr�'Y- ♦ i '1 STATE OF NORTH CAROLINA COUNTY OF BRUNSWIC& The Foregoing (or annexed) Certificate(s) of Notary(ies) Public is (are) Certified to be Correct. This Instrument was filed for Registration on this LO Day of A �Uy e {(��(�Ir ,1998, in the Book and Page shown on the First Page hereof. ROBERT J. ROBIJSONJ Register ofOeWjs ayl66pt-bblf GK I- 2 5 9 PG f Q 0 4 DESCRIPTION OF BARNES BLUFF SUBDIVISION PAGE ONE OF TWO BEGINNING AT A POINT, SAID POINT IS LOCATED N 82-14-43 W 147.08' FROM AN EXISTING CONCRETE MONUMENT, SAID MONUMENT BEING A U. S. ARMY CORPS OF ENGINEERS MONUMENT LOCATED IN THE NORTHERN R/W OF THE INTRACOASTAL WATERWAY, SAID MONUMENT IS PHYSICALLY STAMPED T1-20 AND ALSO HAVING NORTH CAROLINA STATE PLANE COORDINATES OF N = 63639.9711' AND E = 2283930.8444' (N.A.D. 1927), FROM SAID POINT OF BEGINNING SO LOCATED RUNNING THENCE N 82-10-46 E 63.62' TO A POINT N 00-17-39 W 478.03', THENCE A CURVE TO THE RIGHT HAVING AN ARC DISTANCE OF 180.80' AND A RADIUS OF 391.001, THENCE N 45-44-56 E 88.00', THENCE A CURVE TO THE RIGHT HAVING AN ARC DISTANCE OF 201.31' and a radius of 502.71', THENCE N 25-09-58 E 128.911, THENCE N 31-03- 46 E 204.91, THENCE N 31-04-14 E 57.59', THENCE N 58-53-16 W 234.78', THENCE S 31-06-44 w 300.001, THENCE S 24-48-27 W 100.611, THENCE S 20- 01-54 W 101.901, THENCE S 37-13-06 W 100.57', THENCE S 58-43-39 W 80.271, THENCE S 74-35-39 W 53.471, THENCE N 83-14-01 W 53.201, THENCE N 56-56-51 W 95.991, THENCE N 54.23-09 W 600.001, THENCE N 56-29-15 W 210.241, THENCE N 87-31-32 W 466.551, THENCE S 06-38-53 W 732.13, TO A POINT LOCATED IN THE HIGH WATER MARK OF THE OLD ELIZABETH RIVER MARSH, THENCE WITH THE HIGH WATER MARK N 65-42-01 E 9.241, THENCE N 52-54-22 E 59.47', THENCE N 40-38-17 E 38.641, THENCE N 41-18-02 E 43.54', THENCE N 49-47-23 E 47.201, THENCE N 38-43-36 E 13.011, THENCE N 47- 24-21 E 7.341, THENCE N 71-41-43 E 66.611, THENCE N 83-16-45 E 55.66', THENCE N 85-25-40E 61.191, THENCE N 76-46-47 E 51.05', THENCE N 72-40- 07 E 48.141, THENCE N 84-57-58 E 58.291, THENCE S 79-19-36 E 57.911, THENCE S 48-45-31 E 49.221, THENCE s 27-05-57 E 52.241, THENCE S 56- 14-05 E 36.881, THENCE S 53-19-24 E 43.871, THENCE S 41-51-50 E 54.271, THENCE S 38-24-34 E 28.171, THENCE S 38-13-37 E 41.051, THENCE S 38-08-05 E 48.041, THENCE S 77-09-51 E 68.93', THENCE S 15-56-47 W 69.141, THENCE S 31-25-12 E 54.631, THENCE S 15-34-14 E 45.971, THENCE S 28-26-36 E 55.611, THENCE S 03-25-25 W 56.85', THENCE S 23-30-04 E 35.901, THENCE N 75-29-28 E 27.651, THENCE S 35-57-37 E 38.33', THENCE S 11-44-56 E 12.611, THENCE S 21-53-33 W 35.78', THENCE S 51-12-14 E 22.08' TO A POINT LOCATED -IN THE NORTHERN R/W LINE OF THE INTRACOASTAL WATERWAY, THENCE WITH THE NORTHERN R/W LINE OF THE INTRACOASTAL WATERWAY S 81-39-54 E 214.74', THENCE LEAVING THE NORTHERN R/W LINE OF THE INTRACOASTAL WATERWAY AND FOLLOWING THE MEAN HIGH WATER MARK N 05- 27-26 W 34.75', THENCE S 81-26-03 E 32.23', THENCE S 76-28-42 E 46.281, THENCE S 58-41-19 E 56.651, THENCE S 49-19-31 E 13.681, THENCE S 80 43-59 E 91.561, TO THE POINT OF BEGINNING, CONTAINING 24.94 ACRES, more or less, and being a portion of that tract or tracts of land conveyed to POINT ASSOCIATES, LLC, by STANDARD PRODUCTS OF NORTH CAROLINA, INC., by that Warranty Deed recorded in Book 1125 at Page 1252 of the Brunswick County, North Carolina, Registry. GK1259PG1005 DESCRIPTION OF BARNES BLUFF SUBDIVISION PAGE TWO OF TWO S ALSO BEING "BARNES BLUFF SUBDIVISION" as the same is shown on those plats or maps recorded in Map Cabinet 20, Pages 78 and 79, and Map Cabinet 20 at Page 277 of the said Brunswick County Registry. TOGETHER WITH AND SUBJECT TO all easements and other matters as are shown on the plats or maps recorded in Map Cabinet 20, Pages 78 and 79, and Map Cabinet 20 at Page 277, of the said Registry. SUBJECT, HOWEVER, to those exceptions as are set forth in that Warranty Deed above described recorded in Book 1125 at Page 1252 of said Registry. 3 0- '13� 6 13 608 ay166BARBLF-2 2- Print Clearly) I B. Date of Delivery rn Jrf ru Postage T O Certified Fee Q(Endorsement Return Receipt Fee Required) 9 1� j O Restricted Delivery Fee n / O (Endorsement Required) Total Postage &Fees $ l (j 6,15 muo M C3 Sent To Edwin BU-ne H C3 O --------------------------------------------------------------------------------------------- Street, .Apt No.; 2P y /f or PO Box No. j JV A He (} % �j� F( j,7 O _ City State, ZIP 4 Uujlml;,, C11-b-, ti C Zb'�o ❑ Agent ❑ Addressee different ifferent from item 1? ❑ Yes felivery, address below: ❑ No ,all ❑ Express Mail ❑ Return Receipt for Merchandise ill ❑ C.O.D. livery? (Extra Fee) ❑ Yes 35Z 750 PS Form 3811, March 200 7001 0320 0003 0382 7563 102595-01-M-142 a UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • State of Norarolina DENR 127 Cardinal Drive Ext. Wilmington, NC 28405 (Attn: Bev) 1706,1511,6( 3 #s t# tllii tt tiiiitt'1d111 1111111111111AIttititlk #c113tlii t Michael F. -Easley, Governor William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D., Acting Director Division of Water Quality Wilmington Regional Office March 7, 2002 CERTIFIED MAIL #70010320 0003 0382 7563 RETURN RECEIPT REQUESTED Mr. Edwin Burnett 1301 Heron Run Drive Wilmington, NC 28403 Subject: REQUEST FOR STORMWATER MANAGEMENT PERMIT APPLICATION South Harbour Village Barnes Bluff Stormwater Project No. SW8 970615 Modification Brunswick County Dear Mr. Burnett: On February 5, 2002, the Wilmington Regional Office was notified that you had applied for a Major CAMA Permit Application for a community dock at South Harbour Village Barnes Bluff. This will require a modification to the October 7, 1997permitted.project. The North Carolina Administrative Code requires any project that must receive either Sedimentation and Erosion Control Plan approval and/or a CAMA Major permit to apply for and receive a Stormwater Management Permit by the Division of Water Quality. Any construction on the community dock, prior to receipt of the required permit, will constitute a violation of 15A NCAC 2H.1000 and may result in appropriate enforcement action by this Office. Either a Stormwater Permit Application Package including 2 sets of plans, completed application form, fee, and supporting documentation, or a written response regarding the status of this project and the expected submittal date must be received in this Office no later than April 7, 2002. Failure to respond to this request may result in the initiation of enforcement action, and construction may experience a subsequent delay. In addition, a review of our files indicates that a copy of the recorded deed restrictions has not been submitted, as required by Section I, Part 8, of your permit. Please submit the recorded deed restrictions, in accordance with the permit conditions, to this Office -prior to April 7, 2002. Failure to record and/or provide a copy of the recorded deed restrictions is a violation of NCAC 2H.1000. and is subject to enforcement action, per NCGS 143-215.6A. N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 28405 (910) 395-3900 Fax (910) 350-2004 ohm Customer Service 800-623-7748 Mr. Burnett March 7; 2002 Stormwater Permit No. SW8 970615 If you have transferred ownership of this project to another party, please complete the enclosed form and forward it to the new owner for his/her signature. Please return the form, along with all applicable documentation to the Division. Permits are not transferrable until the Division approves the request and has the opportunity to determine if the project is in compliance with all permit conditions. The NPDES 010000 Federal Stormwater Permit that accompanies the Erosion Control Plan approval letter must NOT be considered the Coastal Stormwater Management Permit, which will be signed by the Water Quality Supervisor. Please reference the Project Number above on all correspondence. If you have any questions, please call me at (910)-395-3900. Sincerely, 4;�u 19" Linda Lewis Environmental Engineer RSS/arl: S:1WQSISTORMWAT\STORMSUB1970615.MAR cc: Delaney Aycock, Brunswick County Inspections Laura Stasavich Janet Russell Linda Lewis Central Files state. Stormwater Management Systems Permit No.SW8 970615 4. The only runoff conveyance systems allowed will be vegetated conveyances such as swales with minimum side slopes of 3:1 (H: V) or curb outlet systems as defined in the stormwater rules and approved by the Division. S. No piping shall be allowed except: a. That minimum amount necessary to direct runoff beneath an impervious surface such as a road. b. That minimum amount needed under driveways to provide access to lots. 6. Projects. covered .by this permit will maintain a minimum 30 foot wide vegetative buffer between all impervious areas and surface waters. 7. The permittee is responsible for verifying that the proposed built -upon area does not exceed the allowable built -upon area. Once the lot transfer is complete, the built -upon area may not be revised without approval from the permittee, and responsibility for meeting the built -upon area limit is transferred to the individual property owner. 8. Deed restrictions are incorporated into this permit by reference and must be recorded with the Office of the Register of Deeds prior to the sale of any lot. A copy of the recorded restrictions must be received by this Office within 30 days of the date of recording. Recorded deed restrictions must include, as a minimum, the following statements related to stormwater management: a. "The allowable built -upon area per lot is (See Attachment A) square feet, inclusive of that portion of the right-of-way between the front lot line and the edge of the pavement, structures, pavement, walkways of brick, stone, slate, but not including .wood decking. " b. "The covenants pertaining to stormwater regulations may not be changed or deleted without concurrence of the Division of Water Quality. " C. "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." d. "Lots within CAMA's Area of Environmental Concern may have the permitted built -upon area reduced due to CAMA jurisdiction within the AEC. " 9. The Engineer/Owner/Developer/Permittee must certify in writing that the project's stormwater controls, and impervious surfaces. have been constructed within substantial intent of the approved plans and specifications. Any deviation from the approved plans must be noted on the Certification. 10. The following items will require a modification to the permit. Revised plans, specifications and calculations must be permitted prior to the permittee beginning construction on the modification: a. Any revision to the approved plans, regardless of size. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built -upon area. 2 sn� sue. 5 February 2002 At CIAW A s5a Vdmirrf .ilri %to/iw 2W2 J�/ �1v Janet Russell NC Division of Coastal Management 127 North Cardinal Drive Wilmington, NC 28405 '�.- 9Y0-452-0001 RE: CAMA Major application Barnes Bluff Community Dock System Dear Janet: gai& 94 g.4 1805 VU64V&X," Please find enclosed a C"IA Major permit application for construction of a community dock system in the Barnes Bluff subdivision. Barnes Bluff subdivision is situated along the Elizabeth P%ivcr and the AIWW, just north of Oak Island. All appropriate s'Laie permits authorized development of the subdivision in 1997, including CAMA permit #161-97. At this time, Barnes Bluff Associates, LLC, is requesting authorization to construct a ten -slip dock system that would specifically serve lots 21-30 of the subdivision. The dock system is proposed in an open -water siting along the AIWW, with slips abutting the channel's 80' setback. Existing depths within the proposed slips range from —5' MLW to—6'MLW, and no dredging is required. Since an access area for the currently proposed dock system was not planned at the time of subdivision, lots 30 and 31 will be re -platted to create a common area for the dock system. This would be completed and recorded after authorization of the requested permit (see; Sheet 4). All upland development has been authorized by LAMA permit 161-97. The only work currently proposed in the common area is the installation of elevated, wooden boardwalks over "404 wetlands"/coastal marsh and a gravel walking path through the upland portions. I have mailed the adjacent landowner notifications and have enclosed the signed notification forms. Please contact me at your convenience if you need to discuss this application. Sincerely, Laura Stasavich Environmental Scientist ill E.2 C E H V EDPI . ASTAL MANAGEMENT cc: Barnes Bluff Associates, Inc. Encl. Application fee Deed Application forms DCM-MY1 & DCM-MP4 Application figures 1-5 4 a, W . FEB 21 2002 DIVIsiON OF COASTAL t01ANAGEMENT h�. - -- `� tea. � ' `_-•, `' � : i' v ' • 4r Form DCM-MP-1 �� `r �.�iD�'SI�Qf� OF APPLICATION�STAL MANAGE-10ENT (To be completed by all applicants) 1. APPLICANT a. Applicant: Name Barnes Bluff Associates. LLC Address 5001 O'Ouinn Street, Unit J City Southport State NC Zip 28561 Day Phone 910.454.7300 Fax 910.454.7400 b. Authorized Agent: Laura Stasavich Name Land. Manaeement Groun. Inc. Address P. O. Box 2522 City Q flminon State NC Zip 28402 Day Phone 910.452.0001 Fax 910.452.0060 c. Project name (if any) Barnes Bluff community dock system -WOT'E Permit 'wigbe issued m name of &ndowner(s), anWar project mme. 2. LOCATION OF PROPOSED PROJECT a. County __Brunswkk Revised 03/95 b. City, town, community or landmark Oak Island_ mainland side c. Street address or secondary road number. SR 1101 d. Is proposed work within city limits or planning jurisdiction? X Yes No Town of Oak Island e. Name of body of water nearest project (e.g. river, creek, sound, bay) Atlantic Intracoastal Waterway & Elizabeth River 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier,And excavation and/or filling activities.) Applicant proposes to construct a ten -slip community dock system to serve lots 21-30 of the Barnes Bluff subdivision. b. Is the proposed activity maintenance of an existing project, new work, or both? New dock system. Lot development has been authorized by CAMA Permit # 161-97. c. Will the project be for public, private or commercial use? Private d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional pages. Purpose is to provide boat slips which would serve lots 21-30 of the Barnes Bluff subdivision. Standard marine construction techniques and standard daily operations to be used. Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract The previously permitted Barnes Bluff S/D is 25.43-acres total. The proposed open -water, community dock system would cover approximately 7,200 ft. b. Size of individual lot(s) 0.39 to 2.06-acre, as previously authorized by CAMA permit # 161-97. c. Approximate elevation of tract above MEW or NWL Water depths within the proposed slips range from -5' MLW to -6' MLW. d. Soil type(s) and texture(s) of tract Carteret sands within tidal marsh fringe. e. Vegetation on tract Semi -diurnal tidal marsh vegetation: Spartina alterniflora, Juncus roemerianus, Snartina patens. Ouercus virziniana. MwIca cerifera, and Ilex vomitoria on upland within access/common area. f. Man-made features now on tract Subdivision roads are in place and development of upland amenities are underway (see CAMA permit #161-97). g. What is the CAMA Land Use Plan land classification of the site? (co»s di me lownand use pian.) Conservation Transitional Developed Community Rural X Other Municipal Not in planning area. h. How is the tract zoned by local government? Commercial Low Densitv. with an approval for development of the Barnes Bluff PUD. PUD approval obtained from county prior to the areas incorporation into the Town of Oak Island I. Is the proposed project consistent with the applicable zoning? X_ Yes No Revised 03/95 j. Has a professional archaeological assessment been done for the tract? _ Yes X No If yes, by whom? N/A k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes X No 1. Are there wetlands on the site? X Yes No Coastal (marsh) X_ Other X_ If yes, has a delineation been conducted? Wetlands delineated and approved by USA COE in association with CAM-4 permit 161-97. No wetland impacts are requested with this application. m. Describe existing wastewater treatment facilities. State and county -approved on -site treatment systems. n. Describe location and type of discharges to waters of the state. (For example, surface runoff, Sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges.) No direct discharges to waters of the state. Proposed dock to be pervious, slatted decking. o. Describe existing drinking water supply source. County system 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: * A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. E IA cR FE-12 ' 2002 DIVISION Oi COASTAL N(IANAGEMENT Form DCM-MP-1 * An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale in black ink on an 8 %z" by I I" white saner_ (Refer to Coastal Resources Commission Rule 710203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue -line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the site. Include highway or secondary road (SR) numbers, landmarks, and the like. * A Stormwater Certification, ifone is necessary. * A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof dud such owners have received a ropy of dw min ,pElion 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. Upon signing this form, the applicant further certifies that such notice has been provided. Name Pointe Associates, LLC Address 1301 Heron Run Drive Phone Wilmington, NC 29403 Name_ South Harbour Village Associates, LLC Address 1301 Heron Run Drive Phone Wilmington, NC 28403 * A list of previous state or federal permits issued for work on the project tract. Include permit numbers, pern ittee, and issuing dates. CAMA permit 161-97 Stormwater permit SW8 970615 & SW8 980508 NC Division Land Quality -approved sedimentation and erosion control plan. * A check for $400 made payable to the Department of Environment, Health, and Natural Revised 03/95 Resources (DEHNR) to cover the costs of processing the application. * A signed AEC hazard notice for projects in oceanfront and inlet areas. * A statement of compliance with the N.C. Environmental.Policy Act (N.C.G.S.113A -1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 6. 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 conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal ManagamentProgram and will be conducted in a manner consistent with such program. 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. This is the(F2�:day of R=pq PrintName—RV—A Signatures � ,Q�2 Landowner ur Auihorized Agent 0��tgg L.i.ir 1 Please indicate attachments pertaining to your proposed project. 701 . IVETD) .. FEE., U c [;IVISION OF DCMMP-2 Excavation and Fill Information DCM MP-3 Upland Development X DCM MP-4 Structures Information DCM MP-5 Bridges and Culverts DCM MP-6 Marina Development NOTE: Please sign and date each attachment in the space provided at the bottom of each form. R pR�iSR�j'A� �N3EN� Cr�p,s-fT�L �'iA Revised 03/95 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 ofthe Joint Application which relate to this proposed project. a. Dock(s) and/or Pier(s) (1) _ Commercial _Community X Private (2) Number 1 dock seine, 1 access pier (3) Length171' and 40', respectively (4) Width 8' and 6'. respectively (5) Finger Piers —X—Yes _ No (i) Number 5 (ii) Length 30' (iii) Width 4' 3" (6) Platform(s) X Yes i _ No (i) Number gazebo,l ramp, 1 platform (ii) Length 12', 20', 8', respectively (iii) Width 12', 4, 10'. respectively '(7) Number of slips proposed 10 (8) Proximity of structure to adjacent riparian property lines 130' to E. 45' to W (lot lines for the common area/dock access area will be re - plated and recorded subsequent to obtaining authorization for the dock system. (9) Width of water body +/- 520' (10) Water depth at waterward end of pier at MLW or NWL Depths within the proposed boat slips range between -5' NLW and -6 NLW. b. Boathouse (including covered lifts) N/A (1) Commercial Private (2) Length (3) Width c. Groin (e.g. wood, sheetpile, etc.) N/A (1) Number (2) i,eangth(s) d. Breakwater (e.g. wood, sheetpile, etc.) N/A Revised 03/95 (1) Length (2) Average distance from MHW, NWL or wetlands (3) Maximum distance beyond MHW, NWL, or wetlands e. Mooring buoys N/A (1)_Commercial _Community Private (2) Number (3) Description of buoy (Color, inscription, size, anchor, etc.) (4) Width of water body (5) Distance buoy(s) to be placed beyond shoreline f Mooring structure (boatlift, mooring pilings, etc.) (1)_Commercial X Community_ Private (2) Number 10 boat lifts (3) Length 30' (4) Width_ 15' (with pilings) g. Other (Give complete description) Three wooden pilings, one at each inner corner of the sunken barge (See sheet 4). Pilings would act as markers for safe navigation around the sunken barge. a� Date U, 4 VJ FEB 2 nIVISION O COASTAL MANAGE'' IEI .. - i V-5.�'ry. I,e. IMr •. ++j°/ R, � v^ . I. •'., � • of - 1,/4, y _ , r . {. � L •/ — � •--�_ '' • cAA , ,A � :ice _ '1l: r"-' _.� _ c...L., is �, •_--" _ - --- _� -..'-+ ... y +r,�l.. _ `, .5 � Y- �. 1 +I. • >~.+,y�li Ma , �j..'� 1• _ � + _ 1:t�M��n,ir�N �, �., __. , .. - be $.. �� ,• �1„1 �, 16* qF Lli 21 {a ` 11 .1 x r K !.-. - • - E$ • y I ti. ♦� y_- ,r, � 7 :1 SITE "1�- 1 , - - La�ay ~ � � ' a "f Z 8 � V �'•�h ti" r _ -_ � JC'r __ 44+. .'� • 1 1 r 1' ��A t'1Il T 4 .l "'T �IYA�FIIM//ry. i IN /\ Q L �)S • v I li Si,� �e ; 4 tit,�}�w € y� ♦a,r •' i, i ca .4 gL 0 C. �#yy ¢ 2 fCs 4 i>#e2... �♦ X 4 YT334rr � wxv'i- t r• Land Management Group, Inc. Environmental Consultants P.O. Box 2522 Wilmington, NC 28402 910-452-0001 LMG # 02-97-281 LES IV. B F- = i 2002 D�!►SION OF COASIAI ;,MANAGEMENT 0 1 2 4 SCALE 1" = 2 miles CAMA Major Permit application, Barnes Bluff Community Dock System VICINITY MAP I Applicant: Barnes Bluffs Associates, LLC Location: AIWW, Brunswick Co. Date: 2/1 /2002 Sheet 1 of 5 TO ED DiViSION 'CI - COASTAL NiANAGEMENT Land Management Group, Inc. Environmental Consultants USGS TOPOGRAPHIC P.O. Box 2522 MAP Wilmington, NC 28402 910-452-0001 1 Southport 6.5° Quad I MG # 02 97-?R? LESS C.-Wi4ect Nesl iamesb/ufAapplicB#Onlfigures.cdr -06 0 1000 2000 4000 SCALE 1" = 2000' CAMA Major Permit application, Barnes Bluff Community Cock System Applicant: Barnes Bluffs Associates, LLC Location: AIWW, Brunswick Co. Date: 2/1 /2002 Sheet 2 of 5 I'STRIP PIL N A S T -__-_ _' ` CLOSED) co" a+cw ii°ie - _ - 4. _ N 676300"9.9711' Notes: (1) Development of the subdivision as shown above has been authorized by CAMA permit 161-97. (2) Lot lines around the lots 30 &. 31 shown above will be re -plated to create a common access area, subsequent to receiving authorization, of the proposed dock system. 1101 SOUTH HARBOUR ASSOCIATES, LLC Land Management Group, Inc. Environmental Consultants P.O. Box 2522 SUBDIViSiON Wilmington, NC 28402 910-452-0001 PLANT LMG # 02-87--281 LES a'1.^..^ lont rnrr r SCALE 1" = 200' ,. FEB 2 12002 .. DIVISION OF'';' COASTAL MANAGEMENT, CAMA Major Permit application; Barnes Bluff Community Dock System Applicant Barnes Bluffs Assoc sso Was; LLC Location: AIVM, Brunswick Co, We :`go NhlMswuB 'MMI'd OI e00 old 'sej oossy sgnlo seweg :Iueo!ldi wa�s/Ss soda f4iunwwoo }}nlg seung `umpai0de MWj8d JOFBw VW1 'J Wlf W3 Jd'NdW. lViS`dOO �O?NO ZOOZ l 1,Z 833 )I300 )UlNnWWOo J 'a ` o I I m J j a l`r? CD ;0 "JI i a:•t; I ' r fill �c sA / .. 146 ✓ � `�' ��RE ��T 1.�NE. �oMM� ��```. _.A f,Q cnc °°§ztoo mzoa:E m2o;0v czpvm 'v c� D � m c)��� v�r,0a C5AOl O�?A0 z= �O CO v z z CA m 0 b N w z �jW -toor, II I I II p r "-'wQ cn C: w�i ....... im D y G7 ;u 1 I ..� -,,Q- . s 2' x 12' 20' :10' 1 tl 1' 47 30' FP Go "31 M � Land Management Group, Inc. Environmental Consultants P.O. Box 2522 Wilmington, NC 29402 910-452-0001 30, I8- 10 PROPOSED SLIPS, WITH BOAT LIFTS 2j1j1 jf`r�Jy";Gjry11 IN � SCALE 1 "G '011,,! OF COASTAL IdiANAGE hiiEN T CAMA Major Permit -application, DETAIL Barnes Muff Community Dock System DOCK SYSTEM Applicant: Bames Bluffs Associates, LLC Location: AIWW,, Brunswick Co. LMG # 02-97-281 t FS 1 C:IprojedfrlesthamesNufflappGcabonftures.c& Date: 2/1/2002 Sheet 5 of 5