HomeMy WebLinkAbout20240551 Ver 1_CAMA Application_20240412ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
TANCRED MILLER
Director
April 12, 2024
MEMORANDUM:
NORTH CAROLINA
Environmental Quality
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: 252-247-3330 (Courier 11-12-09)
came ron.luck(cadeg.nc.gov
SUBJECT: CAMA /D & F
Applicant: Capital Asset of Topsail Development, LLC (under offer to purchase)
Project Location: Pender County PIN 4213-82-4135-0000, N. Anderson Blvd., adj. to Topsail
Sound, Topsail Beach, Pender County
Proposed Project: The applicant proposes to develop the property by installing/constructing a
driveway (resulting in 404 type wetland fill), parking area, residential dwelling,
septic system, swimming pool, retaining wall and private two (2) slip docking
facility.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by May 8, 2024. If you have any questions
regarding the proposed project, contact Jason Dail at (910) 796-7221 when appropriate, in-depth
comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
**Additional comments may be attached**
This agency has no comment on the proposed project.
PRINT NAME
AGENCY
SIGNATURE
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
DATE
DE QNorth Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
NORTH CAROLINA
oew�.aiae�.ia wi¢wary 910,796.7215
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Capital Asset of Topsail Development, LLC (under offer to purchase)
2. LOCATION OF PROJECT SITE: Pender County FIN 4213-82-4135-0000, located along N.
Anderson Blvd., adjacent to Topsail Sound, in Topsail Beach, Pender County.
3. INVESTIGATION TYPE: CAMA/D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 6/22/23
Was Applicant Present — No
5. PROCESSING PROCEDURE: Application Received — 3/6/24
Completed—4/l/24
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan — Topsail Beach
Land Classification From LUP - Conservation
(B) AEC(s) Involved: PT, EW, ES
(C) Water Dependent: Yes and No
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - None
Planned — On -site system
(F) Type of Structures: Existing — None
Planned — Driveway, parking area, residential dwelling,
swimming pool, retaining wall and private docking facility.
(G) Estimated Annual Rate of Erosion: NIA
Source — NIA
7. HABITAT DESCRIPTION:
[AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands (404-
1,558 sq. ft.
720 sq. ft.
type and Coastal)
(404 type)
(shaded)
(B) Non -Vegetated Wetlands
1,644 sq. ft.
(Open water)
(incorporated)
(C) Other
20,000 sq. ft.
(land disturbance)
(D) Total Area Disturbed: 23,202 sq. ft. (0.53 acres)
(E) Primary Nursery Area: No
(F) Water Classification: SA Open: No Shoreline length: +/- 240'
PROJECT SUMMARY: The applicant proposes to develop the property by
installing/constructing a driveway (resulting in 404 type wetland fill), parking area, residential
dwelling, septic system, swimming pool, retaining wall and private 2-slip docking facility.
DNorth Carolina Department of Environmental Quality I Division of Coastal Management
EQ Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557
nonrr+�ounn �
o�a�a� � 252.515.5400
Capital Asset Topsail Development, LLC
Page 2
9. PROJECT DESCRIPTION:
The project site is located at Pender County PIN 4213-82-4135-0000, which is located along N.
Anderson Blvd., adjacent to Topsail Sound, in Topsail Beach, Fender County. The property consists of
a 0.81 acre parcel that is situated on land that is approximately 2-7 feet above mean high water
(MHW) and is vegetated primarily with Live Oak and scrub vegetation. No man-made features
currently exist on the property. The highground portion of the shoreline transitions through a 5'-
25' wide section of "404 type" wetlands before adjoining the adjacent Coastal Wetlands. Over
85% of the southern property line borders both "404 type" and Coastal Wetlands. In this area, the
Coastal Wetlands comprise approximately 13,000 sq. ft. of the subject parcel. Groundsel bush
(Baccharis halimifolia), Bulrush (Scirpus spp.) and Wax Myrtle (Myrica cerifera) are the
predominant species that vegetate the area immediately landward of the Coastal and "404" type
wetlands. Along the shoreline, Smooth Cordgrass (Spartina altern flora) is the predominant
species; however, this area is intermixed with Bulrush (Scirpus spp.) Glasswort (Salicornia spp.)
and Sea Lavender (Limonium carolinianum). Along the outer shoreline (bordering Banks
Channel), the width of the waterbody measures approximately 1,300' from marsh to marsh, and
the near shore edge of the federally maintained channel is approximately 220' beyond the edge
of marsh. Although submerged aquatic vegetation (SAV) is present along certain areas of the
western shoreline of Surf City and Topsail Beach, no SAV was observed in the proposed project
area, during site visit.
The waters of Banks Channel are classified SA by the Division of Water Quality. The project
area is NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine
Fisheries and is CLOSED to the harvest of shellfish.
PROPOSED PROJECT:
The applicant proposes to develop the property by installing/constructing a driveway (resulting
in 404 type wetland fill), parking area, residential dwelling, septic system, swimming pool,
retaining wall and private 2-slip docking facility.
As proposed, the applicant is requesting authorization to install a pervious gravel driveway that
would provide access to the property. The driveway (15' wide x 400' length) would run along
the northern property line, and extend in a westerly direction, originating along N Anderson
Blvd, and terminating at the proposed dwelling. The driveway would fill a section of "404" type
wetlands along the central section of the property, resulting in approximately 1,558 sq. ft. (or
0.035 ac.) of wetland fill. A Jurisdictional Determination (JD) for the property is attached, and is
referenced as Action ID 2007-307-071, signed by a COE representative on 2/21/2007. Although
the site plan drawing does not depict the location of the 2007 JD, it does show a "404 wetland
delineation by Gene Young/Applied Resource Management May 11, 2023". To my knowledge,
the 2023 delineation has not been verified by the COE. All work associated with the driveway,
including wetland fill, would be located outside of the both the Ocean Hazard and Estuarine
Shoreline Areas of Environmental Concern (AEC)
_ DEQ��
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue J Morehead City, North Carolina 28557
252.515.5400
Capital Asset Topsail Development, LLC
Page 3
Along the eastern end of the property, adjacent to N. Anderson Blvd., the applicant proposes to
install a septic system that would provide service for the proposed dwelling (Low Pressure Pipe
or "LPP"). The tanks and drain fields would be located along the southern side of the proposed
driveway, at the property entrance.
Along the western end of the driveway, the applicant is proposing to create a parking area
(accommodating up to four (4) vehicles), residential dwelling with decking, retaining wall and
swimming pool (inc. decking). Based on the site plan drawing, only a portion of the proposed
dwelling, retaining wall and swimming pool would be located within the 75' AEC.
The proposed dwelling (approximately 40' x 45' footprint) would be completely situated on high
ground. A 6' x 86' "L-shaped" covered deck would run along the northern and western side of
the proposed dwelling and would partially be located over "404" type wetlands. A retaining wall
(approximately 80' in length) is proposed along the western side of the property, just above the
"404" type wetland line. The retaining wall would be installed to contain fill associated with the
house's foundation pad, and swimming pool, and would not span the entire length of the
shoreline. Just north of the proposed dwelling the applicant is proposing to install an in -ground
pool, with associated concrete decking. The swimming pool would be located just outside of the
30' Coastal Shoreline buffer, between the proposed dwelling and the normal high water line. As
designed, the proposed development would result in approximately 23.6% impervious coverage
within the AEC, or 2,127 sq. ft.
The final component of the project consists of a private two -slip docking facility. As designed,
the docking facility would qualify under the CAMA General Permit Rules for piers and docking
facilities; however, the applicant has included it in this scope of work. Beginning along the far
western shoreline (upland/wetland transition), the applicant proposes to install a 6' x 192' access
pier, which would terminate into a 14' x 14' uncovered platform. Approximately 125' of the pier
would be located over upland and/or wetlands, and the remaining 67' would be located over
open water. On either side of the platform, the applicant proposes to install two 13' x 13'
boatlifts. According to the site plan drawing, the docking facility would terminate just inshore of
the existing pier -head line. Reported water depths in this area (conducted via survey), indicate
depths from -4.0' to -4.6', at Normal Low Water (NLW). While this area of Topsail Sound is
known to support Submerged Aquatic Vegetation (SAV), no beds were observed in the footprint
of the proposed lifts during the 6/23/2023 site visit. As proposed, the boatlifts would be located
within the applicant's area of riparian access, outside of the 15' riparian corridor setback on
either side.
10. ANTICIPATED IMPACTS
The proposed upland development would disturb approximately 20,000 sq. ft. of uplands and
would include approximately 1,558 sq. ft. of fill within "404" type wetlands. The docking
facility would result in the incorporation of approximately 534 square feet of Estuarine Waters
and Pubic Trust Area. No impacts to Coastal Wetlands or any SAV should be impacted as a
result of the project, aside from the proposed 6' x 125' access pier (coast. over wetlands).
North Carolina Department of Environmental Quality { Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557
rv[;alFi C/aRpJM1+4 �
252.515.5400
Capital Asset Topsail Development, LLC
Page 4
The proposed development would be located outside of the adjacent 1 S' riparian corridor
setbacks on both sides and would be constructed outside of the federal channel setback, within %4
of the width of the waterbody and within the established pier -head line. Turbidity associated with
the proposed project should be temporary and minimal.
Submitted by: Jason Dail Date: 4/10/2024 Office: WiLnington
NOR:H�CU DEQ�
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557
252.5E5.5400
CHARLES F. RIGGS & ASSOCIATES, INC.
Land Surveyors
Charles F. Riggs, P.L.S. L-2981 Corporate License (C-730)
502 New Bridge Street 502 New Bridge Street
Jacksonville, North Carolina 28540 P.O. Box 1570
(910) 455-0877 Jacksonville, North Carolina 28541
charlesriggsCriggslancinc.com (910) 455-0877
www.riggslandnc.com
February 27, 2024
Mr. Jason Dail
Field Representative
Division of Coastal Management
North Carolina Department of Environmental Quality
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Re: Capital Asset Topsail Development, LLC
Lot I, Elizabeth W. Parsley, Map Book 5, Page 68
North Anderson Boulevard
Topsail Township, Pender County, North Carolina
Topsail Beach, North Carolina
Pender County Tax Number: 4213-82-4135-0000
Dear Mr. Dail:
James A. Lewis, P.L.S. L-4562
Landfall Executive Suites
1213 Culbreth Drive
Wilmington, North Carolina 28405
(910)681-7444
jameslewisCriggslandne.com
Please find enclosed the Major Major CAMA Permit Application and accompanying
documents and check for S 400.00 for the above referenced project.
Respectfully,
Charles F. Riggs, P.L.S. L-2981
Enclosures: Agent Authorization
AEC Hazard Notice
Agent Authorization
Application — Form DCM MP-1
Upland Development- Form DCM MP-3
Structures — Fonn DCM MP-4
Narrative
RECEIVED
OR 0 6 202A
DCM 1NILMINGI'ON, NC
Pagel of 2
Deed Book 4638, Page 2216
Parsley Subdivision Map Book 5, Page 68
North Carolina Secretary of State —Annual Report Filing
Pender County Tax Office Vicinity Map
Pender County Tax Office Report
Vicinity Map
United States Corps of Engineers
SAW-2007-307-071 Wetland Delineation
Applied Resource Management — Septic Design
North Carolina DEQ Surface Water Classification
North Carolina DCM Designation — Primary Nursery
Adjoining Property Owners Letters Calvert and Herring
Certified Mail Green Cards
Check Number 18221 in the amount of S 400.00
Survey
Page 2 of 2
RECEIVED
M A R 0 6 2024
DCM WILMINGTOi+ , NC
The proposed development has been designed to comply with all subdivision and zoning regulations including
zoning setbacks.
I have attached a vicinity map, aerial of existing conditions, preliminary sketch of the proposed upland
development and plan of proposed dockage.
Adjoiners have been properly notified by certified mail and return receipts are enclosed.
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 act on the CWA 401 certification
request within the appropriate reasonable period of time.
RECEIVED
MAR 06 10A
DCM WILMINGTvld, NC
CHARLES F. RIGGS & ASSOCIATES, INC.
Land Surveyors
Charles F. Riggs, P.L.S. L-2981 Corporate License (C-730) James A. Lewis, P.L.S. L4562
502 New Bridge Street 502 New Bridge Street Landfall Executive Suites
Jacksonville, North Carolina 28540 P.O. Box 1570 1213 Culbreth Drive
(910) 455-0877 Jacksonville, North Carolina 28541 Wilmington, North Carolina 28405
charlesriggs@riggslandnc.com (910) 455-0877 (910) 681-7444
jameslewis@riggslandnc.com
Capital Asset TopsailKids
Lot 1, Elizabeth W. Parsley, Map Book 5, Page 68
Topsail Township, Pender County, North Carolina
Topsail Beach, North Carolina
Capital Asset TopsailKids is titled to TopsailKids, LLC as shown in Deed Book 4638, Page 2216 of the Pender
County Registry and is under contract to purchase by Capital Asset Topsail Development, LLC. The property
consists of one single family lot as depicted as the soundside of Lot 1, Elizabeth W. Parsley Subdivision as
recorded in Map Book 5, Page 68 on April 16, 1956. The property contains 35,628.8 square feet or 0.8178 acres
above the normal high water Iine and has 240.78 feet of shoreline along Topsail Sound as flagged by Jason Dail
of the North Carolina Division of Coastal Management. Topsail Sound is located on 18-87-10 and is classified
as SA;HQW and rest within the White Oak River Basin. The normal high water line and coastal wetlands have
been delineated by Jason Dail of the North Carolina Division of Coastal Management and the 404 wetlands have
been delineated by Gene Young of Applied Resource Management. United States Army Corps of Engineers
Review pending.
Capital Asset requests to construct a single family dwelling, pervious driveway, with a portion over 404 wetlands,
pool with concrete pool decking and boat dockage. The existing 404 wetlands were previously delineated and
approved by the United States Army Corps of Engineers and referenced by Action ID: 2007 307 071. This
delineation has expired and, as stated above, Gene Young of Applied Resource Management has again delineated
the 404 wetlands. Upon contacting the United States Corps of Engineers regarding the wetland fill permit, the
Corps has opted to review both the wetland delineation and the request for driveway fill during the Major CAMA
Permit process. Proposed driveway fill of 1,558 square feet or 0.035 acres.
Development of the property results in one two story single family dwelling on pilings over concrete slab,
enclosed below for entry, storage and garage. The flood zone for this lot is "AE" with a base flood elevation of
I V with the Town's freeboard of 3% therefore the finished floor of the structure will be elevated above 14' in
elevation. The elevations surrounding the proposed dwelling location range 2' to 3' with an estimated non-
structural fill of 24" with proposed concrete slab elevation to be estimated at 5'. Retaining wall is proposed
adjacent to the dwelling and above the 404 wetland delineation. Sewer to be provided through the use of a private
septic system and water service to be provided by the Town of Topsail Beach. Land disturbance will be less than
20,000 square feet and will not require a State Erosion Control Plan. Proposed impervious surface for the entire
lot is calculated at 9.2 % with the proposed impervious surface within the 75' AEC at 23.6%.
Dockage for the project is accessed by a 6' wide and 192' long wood walkway from the uplands to a 14'x 14'
covered dock/platform with two boat lifts resting outside of any riparian corridor. BoREcGtE$ tE) exist on the
adjoining lots and the proposed dockage for this project will not extend waterward any further than the adjoining
dockage. MAR 0 6 2024
DCM WILMINGTON, NC
gem mr4
APPLICATION for
Major Development Permit
(last revised 12127106)
North Carolina DIVISION OF COASTAL MANAGEMENT
9. Primary Applicant/ Landowner Information
Business Name
Project Name (if applicable)
Capital Asset Topsail Development, LIc
Capital Asset TopsailKids
Applicant 1: First Name
MI
Last Name
Chris
NA
Plaford
Applicant 2: First Name
Ml
Last Name
NA
NA
NA
if additional applicants, please attach an additional page(s) with names listed.
Mailing Address
PO Box
City
State
1121 Military Cutoff Road, Suite 336
NA
Wilmington
NC
ZIP
Country
Phone No.
FAX No.
28405
USA
917 - 588 -
0302 ext.
NA -
Street Address (if different from above)
City
State
ZIP
NA
Na
NA
NA -
Email
cplaford@capitalasset-us.com
2. Agent/Contractor Information
Business Name
Charles F. Riggs & Associates, Inc.
Agent/ Contractor 1: First Name
MI
Last Name
Charles
F
Riggs
Agent/ Contractor 2: First Name
MI
Last Name
NA
NA
NA
Mailing Address
PO Box City
State
NA
1570 Jacksonville
NC
ZIP
Phone No. 1
Phone No. 2
28541
910 - 455 -
0877 ext. 21
NA- ext.
FAX No.
Contractor #
NA
NA
Street Address (if different from above)
City
State
ZIP
502 New Bridge Street
Jacksonville
NC
28541 -
Email
RECEIVED
charlesriggs@riggslandnc.com
Form continues on backs
MAR 0 6 2024
DCM WILMINGTON, NC
252-808-2808 .. 1.883-4RCOAST •p,Nw.nccoastaimanagement.ne'
Form DCM MP-1 (Page 2 of 4)
APPLICATION for
Major Development Permit
I Project Location
County (can be multiple)
Street Address
State Rd. #
Pender
North Anderson Boulevard
NIA
Subdivision Name
City
State
Zip
Elizabeth W. Parsley
Topsail Beach
NC
28445 -
Phone No.
Lot No.(s) (if many, attach additional page with list)
910- - 455 - 0877 ext. 21
1, ,
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
White Oak River
Topsail Sound
c. Is the water body identified in (b) above, natural or manmade?
d. Name the closest major water body to the proposed project site.
®Natural ❑Manmade ❑Unknown
Topsail Sound
e. Is proposed work within city limits or planning jurisdiction?
f. If applicable, list the planning jurisdiction or city limit the proposed
®Yes []No
work falls within.
Town of Topsai Beach
4. Site Description
a. Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.ft.)
240.78'
35,628 Sq. Ft.
c. Size of individual lot(s)
d. Approximate elevation of tract above NHW (normal high water) or
35,628, , ,
NWL (normal water level)
(if many lot sizes, please attach additional page with a list)
2' - 7' ®NHW or ❑NWL
e. Vegetation on tract
Trees and grass, 404 wetlands and coastal wetlands
f. Man-made features and uses now on tract
None
g. Identify and describe the existing land uses adjacent to the proposed project site.
Single family residences and boat dockage
h. How does local government zone the tract?
i. Is the proposed project consistent with the applicable zoning?
R-2
(Attach zoning compliance certificate, if applicable)
®Yes ❑No ❑NA
j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes NNo
k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. [--]Yes NNo ❑NA
If yes, by whom?
1. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes NNo ❑NA
National Register listed or eligible property?
<Form continues on next page>
rN IG I-0 C I V C L.J
MAR 0 6 2624
DCM WILMINGTON, NC
252.803.2303 . I - 3 3 3 wI. '-,C0 : :..,•.1"-nccoastaimana9eMant.ne.
Form DCM MP-1 (Page 3 of 4)
APPLICATION for
Major Development Permit
m. (i) Are there wetlands on the site? ®Yes [--]No
(ii) Are there coastal wetlands on the site? ®Yes []No
(iii) If yes to either (i) or (4) above, has a delineation been conducted? ®Yes ❑No
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
Septic design by Applied Resource Management
o. Describe existing drinking water supply source.
Topsail Beach Water
p. Describe existing storm water management or treatment systems.
All stormwater sheet flows through property.
5. Activities and Impacts
a. Will the project be for commercial, public, or private use? ❑Commercial ❑PubliclGovernment
®Private/community
b. Give a brief description of purpose, use, and daily operations of the project when complete.
Enjoyment of single family residence, accompanying pool and boat dockage
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.
Excavator to remove trees and stumps, dump truck for hauling of suitable fill and previous gravel, and front end loader for
spreading of suitable fill and pervious gravel. Standard construction for development of residence.
d. List afI development activities you propose.
Construction of driveway, septic system, residence, pool, concrete pool decking, retaining wail, pervious gravel parking and
boat dockage.
e. Are the proposed activities maintenance of an existing project, new work, or both? New Work
f. What is the approximate total disturbed land area resulting from the proposed project? 20,000 ®Sq.Ft or ❑Acres
g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No ❑NA
that the public has established use of?
h. Describe location and type of existing and proposed discharges to waters of the state.
Proposed septic system located on uplands adjacent to the right-of-way of N.C. Highway 50 - North Anderson Boulevard
i. Will wastewater or stormwater be discharged into a wetland? [--]Yes ®No ❑NA
If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ❑NA
j. Is there any mitigation proposed? ®Yes ❑No ❑NA
If yes, attach a mitigation proposal.
<Form continues on backs MAR 0 6 2024
�, s �� ► •�
252.808-2808 .. 1-888-4"�COAST ,. na +w.---coastaIrnanageinant.ner
Form DCM MP-1 (Page 4 of 4)
APPLICATION for
Major Development Permit
6. Additional Information
In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application
package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application
instruction booklet on how to properly prepare the required items below.
a. A project narrative.
b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the
proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish
between work completed and proposed.
c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site.
d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties.
e. The appropriate application fee. Check or money order made payable to DENR.
f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such
owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in
which to submit comments on the proposed project to the Division of Coastal Management.
Name Mr. and Mrs. J. Hayes Calvert Phone No.
Address 115 Surrey Path Court, Winston-Salem, N.C. 27104
Name Mr, and Mrs. David Herring Phone No.
Address 504 Keith Hills Road, Lillington, N.C. 27546
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.
1 certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to
enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up
monitoring of the project.
I further certify that the information provided in this application is truthful to the best of my knowledge.
Date _02/27124
Print Name Charles F. Riggs, Q.LA. L-2981_
Signature
Please indicate application attachments pertaining to your proposed project.
®DCM MP-2 Excavation and Fill Information ❑DCM MP edges and Culverts
®DCM MP-3 Upland Development
®DCM MP-4 Structures Information
MAR Q 6 2024
DCM WILMINGTON, NC
252-808-2808 .. 1-88-,'-4R00AS7 ww,nccoastaIman agernent.net
Form DCM MP-3
UPLAND DEVELOPMENT
(Construction and/or land disturbing activities)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
GENERAL UPLAND DEVELOPMENT
a. Type and number of buildings, facilities, units or structures b. Number of lots or parcels.
proposed. 1 lot
one two story single family dwelling on pilings over concrete
slab enclosed below for entry, storage and garage with
accompanying pool and concrete pool decking
c. Density (give the number of residential units and the units per
acre).
1 residential units, 1.2 units per acre
e. If the proposed project will disturb more than one acre of land, the
Division of Land Resources must receive an erosion and
sedimentation control plan at least 30 days before land -disturbing
activity begins.
(i) If applicable, has a sedimentation and erosion control plan been
submitted to the Division of Land Resources?
❑Yes ®No ❑NA
(ii) If yes, list the date submitted:
g. Give the percentage of the tract within the coastal shoreline AEC to
be covered by impervious and/or built -upon surfaces, such as
pavement, building, rooftops, or to be used for vehicular driveways
or parking.
23.6%
i. Give the percentage of the entire tract to be covered by impervious
and/or built -upon surfaces, such as pavement, building, rooftops,
or to be used for vehicular driveways or parking.
9.2%
j. Describe proposed method of sewage disposal.
Sewer is handled by proposed septic system to be
permitted by Applied Resource Management and
Pender County Environmental Health
I. Describe location and type of proposed discharges to waters of the
state (e.g., surface runoff, sanitary wastewater, industrial/
commercial effluent, "wash down" and residential discharges).
Stormwater to sheet flow through property
d. Size of area to be graded, filled, or disturbed including roads,
ditches, etc.
20,000 Square Feet
f. List the materials (such as marl, paver stone, asphalt, or concrete)
to be used for impervious surfaces.
All surfaces to be pervious with the, exception of the single
family dwelling, concrete pool decking and pool coping
In. Projects that require a CAMA Major Development Permit may also
require a Stormwater Certification.
(i) Has a site development plan been submitted to the Division of
Water Quality for review?
❑Yes ®No ❑NA
(ii) If yes, list the date submitted: _
k. Have the facilities described in Item (i) received state or local
approval?
❑Yes ®No ❑NA
If yes, attach appropriate documentation.
m. Does the proposed project include an innovative stormwater
design? RECEIVED
❑Yes ®No ❑NA
If yes, attach appropriate documentation.
MAR 0 6 2024
DCM WIL.MINGTON, NC
252-808-28082 :: 1-888-4RCOAST :: nrww.nccoastaimanagement.net r_vised: 12;26106
Form DCM MP-3 (Upland Development, page 2 of 2)
m. Describe proposed drinking water supply source (e.g., well,
community, public system, etc.)
Town of Topsail Beach Water
o. When was the lot(s) platted and recorded?
April 16,1956
02/27/24
Date
Capital Asset TopsailKids
Project Name
Capital Asset Topsail Development, LLC
n. (i) Will water be impounded? ❑Yes []No ®NA
(R) If yes, how many acres?
p. If proposed development is a subdivision, will additional utilities be
installed for this upland development?
❑Yes ❑No ®NA
RECEIVED
MAR 0 6 2024
DCM WILMINGTON, NC
252-808-2808:: 1.888-46gCOAST www,nccoas'almanagement.net revised.12,26i06
Form DCM MP-4
STRUCTURES
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
1. DOCKING FACILITY/MARINA CHARACTERISTICS
a. (i) Is the docking facility/marina:
[--]Commercial ❑Public/Government ®Private/Community
c. (i) Dock(s) and/or pier(s)
(ii) Number 1
(iii) Length 192'
(iv) Width 6'
(v) Floating ❑Yes ®No
e. (i) Are Platforms included? ®Yes ❑No
If yes:
(ii) Number 1
(iii) Length 14'
(iv) Width 14'
(v) Floating []Yes ®No
Note: Roofed areas are calculated from dripline dimensions.
g. (i) Number of slips proposed
2
(ii) Number of slips existing
0
i. Check the proposed type of siting:
❑ Land cut and access channel
❑Open water; dredging for basin and/or channel
®Open water; no dredging required
❑Other; please describe:
k. Typical boat length: 35'
m. (i) Will the facility have tie pilings?
❑Yes NNo
(ii) If yes number of tie pilings?
NA
El This section not applicable
b. (i) Will the facility be open to the general public?
❑Yes ®No
d. (i) Are Finger Piers included? ❑Yes ®No
If yes:
(ii) Number
(iii) Length
(iv) Width
(v) Floating ❑Yes ❑No
f. (i) Are Boatlifts included? ®Yes ❑No
If yes:
(ii) Number 2
(iii) Length 13'
(iv) Width 13'
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:
Boat Lifts
j. Describe the typical boats to be served (e.g., open runabout,
charter boats, sail boats, mixed types).
Mixed
I. (i) Will the facility be open to the 'R�, 1EifOVED
❑Yes NNo
MAR 0 E 2024
DCM WILMINGTON, NC
232-808-2808 :: 1-1188-4RCOAST :: WWW.nccaaSt3lManagement.net revised. 121-'27;06
Form DCM MP-4 (Structures, Page 2 of 4)
2. DOCKING FACILITY/MARINA OPERATIONS ®This section not applicable
a. Check each of the following sanitary facilities that will be included in the proposed project.
❑ Office Toilets
❑ Toilets for patrons; Number: ;Location:
❑ Showers
❑ Boathoiding tank pumpout; Give type and location:
b. Describe treatment type and disposal location for all sanitary wastewater.
c. Describe the disposal of solid waste, fish offal and trash.
d. How will overboard discharge of sewage from boats be controlled?
e. (i) Give the location and number of "No Sewage Discharge" signs proposed.
(ii) Give the location and number of "Pumpout Available" signs proposed.
f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products.
g. Where will residue from vessel maintenance be disposed of?
h. Give the number of channel markers and "No Wake" signs proposed.
i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality.
j. What will be the marina policy on overnight and live -aboard dockage?
k. Describe design measures that promote boat basin flushing?
I. If this project is an expansion of an existing marina, what types of services are currently provided?
REOFIVFD
m. Is the marina/docking facility proposed within a primary or secondary nursery area? MAR 0 6 2024
❑Yes []No
DCM WILMINGTON, NC
252.808-2808:: 1-888-4RCOAS-r : www.riecoastalmanageme t..Pet revised: 1 '_" ,tea;
Fot' n OCM MP-4 (Structures, Page 3 of 4)
n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area?
❑Yes []No
o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom
(SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected.
❑CW ❑SAV ❑SB
OWL [--]None
p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes ❑No
If yes, give the name and address of the leaseholder(s), and give the proximity to the lease.
3. BOATHOUSE (including covered lifts) ®This section not applicable
a. (i) Is the boathouse structure(s):
❑Commercial ❑PubliclGovernment ❑PrivatelCommunity
(H) Number
(iii) Length
(iv) Width
Note: Roofed areas are calculated from dripline dimensions.
4. GROIN (e.g., wood, sheetpile, etc. If rock groin, use MP-2, Excavation and Fill.) ®This section not applicable
a. (i) Number
(ii) Length
(iii) Width
5- BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable
a. Length b. Average distance from NHW, NWL, or wetlands
c. Maximum distance beyond NHW, NWL or wetlands
6. MOORING PILINGS and BUOYS
a. Is the structure(s):
❑Commercial ❑PubliclGovernment ❑PrivatelCommunity
C. Distance to be placed beyond shoreline
Note: This should be measured from marsh edge, if present.
e. Arc of the swing
7. GENERAL
®This section not applicable
b. Number
d. Description of buoy (color, inscription, size, anchor, etc.)
RECEIVED
MAR 0 6 2024
DCM WILMINGTON, NC
232-308-2808:: 1-888-4RCOAST :: www..iccoastalmanage-•en�.net revised: 322? 06
Farm DCM N1P-4 (Structures, Page 4 of 4)
a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities.
Structures rest greater than 15' from either riparian corridor 32'
Note: For buoy or mooring piling, use arc of swing including length
of vessel.
c. Width of water body
1,300
e. (i) Will navigational aids be required as a result of the project?
❑Yes ®No ❑NA
(ii) If yes, explain what type and how they will be implemented.
d. Water depth at waterward end of structure at NLW or NWL
3'
8. OTHER ❑ This section not applicable
a. Give complete description:
Construct 192' pier/walkway 6' wide, 14' x 14' covered dock to serve two 13' xl3' boat lifts.
02/27/24
Date
Capital Asset TopsailKids
Project Name
Capital Asset Topsail Development, LLC
Applicant
Applicant Signature
RECEIVED
MAR 0 6 2024
DCM WILMINGTON, NC
252.308-2808 % 1-888-4RCOAST :: www.nccoastalrnanagerrent.rtet revised: 12:?' rb
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
TANCRED MILLER:
Director
Charles F. Riggs and Associates
PO Box 1570
Jacksonville, NC 28541
Dear Mr. Riggs:
NORTH CAROLINA
Environmental Quality
April 10, 2024
The Division of Coastal Management hereby acknowledges receipt of your application, requesting
authorization under the Rules of the N.C. Coastal Resources Commission for development activities at Pender
County PIN 4213-82-4135-0000, located along N. Anderson Blvd., adjacent to Topsail Sound, in Topsail
Beach, Pender County. It was received as complete on April 1, 2024 and appears to be adequate for
processing at this time. The projected deadline for making a decision on your permit application is June 15,
2024. An additional 75-day review period is provided by law when such time is necessary to complete the
review. If you have not been notified of a final action by the initial deadline stated above, you should consider
the review period extended. Under those circumstances, this letter will serve as your notice of an extended
review. However, an additional letter will be provided on or about the 75th day.
If this agency does not render a permit decision within 70 days from April 12024, you may request a meeting
with the Director of the Division of Coastal Management and permit staff to discuss the status of your project.
Such a meeting will be held within five working days from the receipt of your written request and shall
include the property owner, developer, and project designer/consultant.
NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed
development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the
property of your proposed development. You should post this notice at a conspicuous point along your
property where it can be observed from a public road. Some examples would be: Nailing the notice card to a
telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-
of-way where a private road would lead one into your property. Failure to post this notice could result in an
incomplete application.
An onsite inspection will be made, and if additional information is required, you will be contacted by the
appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if
you wish to receive a copy of my field report and/or comm/ents from reviewing agencies.
n rely
son it
ield Representative
cc: WiRO - file
Liz Hair, USACE
Holley Snider, DWR
Applicant: Topsail Kids, LLC C/o Chris Plaford, 1121 Military Cutoff, Suite 336, Wilmington, NC 284005
North Carolina Department of Cnvironrertal Quality I Division of Coastal4ianagertent
Morehead City Office 1400 Commerce Avenue 1 Morehead City, lo. h Carolina 2853.
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April 12, 2024
StarNewsLegals@gannett.com
2 Pages
Star News
Legal Advertisement Section
Re: Major Public Notice for:
• Capital Asset of Topsail Development, LLC — Pender County
• Kelley Frink— Brunswick County
Hello: Please publish the attached Notice in the Wednesday, April 17, 2024 issue.
ROY COOPER
Governor
ELIZABETH S. B1SER
Secretary
TANCRED MILLER
Director, Division of Coastal Management
The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for
newspaper advertising.
*****Please send both original affidavit and invoice for payment to:
NC Division of Coastal Management, c/o Tanya Pietila, 127 Cardinal Drive Extension, Wilmington, NC 28405.
Contact number: 910-796-7226. (Customer No. 489895)
Thank you for your assistance.
& Customer Assistance
cc: MHC Files
Cameron Luck — MHC
USACE
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215
NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
The Department of Environmental Quality hereby gives public notice as required by NCGS 113A-
119(b) that the following applications were submitted for a development permit in Areas of Environmental
Concern as designated under the LAMA: On April 12, 2024, Kelley Frink proposed to construct a pier with
gazebo and a total of three (3) boat slips between two adjacent parcels extending 502' below NHW at 805
Shoreline Dr W & Lot 16, adjacent to the AIWW in Sunset Beach, Brunswick County; And on April 10, 2024,
Capital Asset of Topsail Development, LLC proposed to develop a property by installing/constructing a
driveway with 404 type wetland fill, residential dwelling, septic system, swimmingpool, retaining wall & a two
(2) slip docking facility at Pender County PIN 4213-82-4135-000, N. Anderson Blvd., adj. to Topsail Sound,
Topsail Beach, Pender County. Copies of these applications can be examined or copied at the office of Tara
MacPherson (Brunswick) or Jason Dail (Pender) N.C. Dept. of Environmental Quality, Division of Coastal
Management, 1.27 Cardinal Drive Ext., Wilmington, NC 28405, (910) 796-7266 (Tara) or (910) 796-7221
(Jason) during normal business hours.
Comments mailed to Tancred Miller, Director, Division of Coastal Management, 400 Commerce
Avenue, Morehead City, NC 28557-3421, prior to May 8, 2024 will be considered in making the permit
decision. Later comments will be accepted and considered up to the time of permit decision. Project
modification may occur based on review and comment by the public and state and federal agencies. Notice of
the permit decision in these matters will be provided upon written request.
CHARLES F. RIGGS & ASSOCIATES, INC.
Charles F. Riggs, P.L.S. L-2981
502 New Bridge Street
Jacksonville, North Carolina 28540
(910)455-0877
charlesriggs@riggslandnc.com
AGENT AUTHORIZATION FORM
Date: November 27, 2023
Land Surveyors
Corporate License (C-730)
502 New Bridge Street
P.O. Box 1570
Jacksonville, North Carolina 28541
(910) 455-0877
Name of Property Owner Applying for Permit:
Capital Asset Topsail Development, LLC
Mailing Address:
1121 MilitaLry Cutoff Road Suite 336
Wilminglon, NC 28405
James A. Lewis, P.L.S. L-4562
Landfall Executive Suites
1213 Culbreth Drive
Wilmington, North Carolina 28405
(910)681-7444
jameslewis@riggslandnc.com
I certify that I have authorized Charles F. Riggs & Associates, Inc. to act on my behalf, for the purpose of
applying for and obtaining all CAMA Permits necessary to install or construct proposed construction, as shown
on attached map and located at North Anderson Boulevard (Lot 1, Elizabeth Parsley Property,) Topsail Beach,
Pender County, North Carolina, and I grant permission to the Division of Coastal Management to access the
property to mark/flag:
X The First Line of Stable Natural Vegetation
X The Coastal Wetlands
XThe Normal High Water Line
This authorization is valid thru November 27 2024
RECEIVED
MAR 0 6 2024
DCM WILMINGTON, NC
Signatuf - Date
CHARLES F. RiGGS & ASSOCIATES, iNC.
Charles F. Riggs, P.L.S. L-2981
502 New Bridge Street
Jacksonville, North Carolina 28540
(910)455-0877
char] esriggsCriggs]andnc. com
February 23, 2024
Land Surveyors
Corporate License (C-730)
502 New Bridge Street
P.O. Box 1570
Jacksonville_ North Carolina 28541
(910)455-0877
www.riggslandnc.com
James A. Lewis. P.L.S. L-4562
Landfall Executive Suites
1213 Culbreth Drive
Wilmington, North Carolina 28405
(910)681-7444
j amesl ewisCoriggsl andnc. com
Mr. and Mrs. David D. Herring
504 Keith Hills Road
Lillington, NC 27546
Re: Capital Asset Topsail Development, LLC Submittal for CAMA Permit
Dear Mr. and Mrs. Herring:
On behalf of Capital Asset Topsail Development, LLC, Charles F. Riggs & Associates, Inc. is
submitting to the Division of Coastal Management, North Carolina Department of Environmental Quality
the enclosed application for a CAMA permit for the property located at North Anderson Boulevard (Lot
1, Elizabeth Parsley Property,) Topsail Beach, Pender County, North Carolina. Capital Asset Topsail
Development, LLC is planning to construct a single-family dwelling on pilings with decks over a concrete
slab open below for entry and parking with septic field, boat dockage and walkway for two boats, wetland
fill for driveway, pool with decking and all proposed improvements, as shown on map. We are required to
notify the adjoiners of this submittal. If you have objections, please contact Mr. Jason Dail in a timely
manner at (910) 796-7221, jason.dail@ncdenr.gov, or by mail at the Division of Coastal Management,
N.C. Department of Environmental Quality, 127 Cardinal Drive, Wilmington, NC 28405.
Re ectfully,
l
ames L. Riggs
RECEIVED
MAR 0 6 2024
DCM WILMINGTON, NC
FROM THE DESK OF
DAVID D HERRING
February 19, 2024
Jason Dail
NC Department of Enviromental Quality
127 Cardinal Drive
Wilmington, NC 28405
Dear Jason Dail,
I am writing in response to an CAMA application or a adjacent riparian property
owner notification/waiver form 1 received from Capital Asset Topsail Development
LLC. I oppose this permit and I will list the reasons below. My property is 1010 North
Anderson I have owned for over 20 years. The address forthe property up for permit
is the Lot 1 Elizabeth Parsley property to my south.
1. In my time owning my property I have witnessed the adjacent property with at
feast 90% of it underwater.
2. When I purchased my property I had Mr. Jim Gregson with Cama come and
evaluate my property for the installation of a permit for a sea wall. He told me at
that time the property adjoining me to the south was unbuildable except at the
road frontage. If you will evaluate my sea wall you can see it does not follow my
property line. I was told my sea wall could not follow the property line because of
protected grasses that had to be inundated with salt water periodically the same
grasses are consistent and present where this new construction is proposed to go.
One of my main concerns is the building of a road to this proposed building site,
the road will definitely have to built in or over wetlands, a large percentage of this
proposed road is in wetlands a lot more than is depicted in the drawing I received.
I feel this will definitely disturb the eco system that is present today and if they are
planning on building over the wetlands the size and overall bridge design to
support concrete trucks and lumbertrucks will definitely impact the environment
during construction and thereafter.
4. Finally this property is one of the few properties left on the sound side that harbors
baitfish. All the recreational fisherman come to this area to catch bait. I aRECEIVED
504 KEITH HILLS RD LiLLINGTON NC 27546 FEB 2 2 2024
DCM WILMINGTON, NC
concerned this new construction will disrupt the natural habitat for small fish and
the degrade the baitfish habitat for not only me, but for all the Topsail Beach
recreational fisherman.
Sincerely yo
David D Herring
504 Keith Hills RD
Lillington , North Carolina 27546
RECEIVED
FEB 2 2 2024
DCM WILMINGTON, NC
CERTIFIED MAIL • RETURN RECEIPT REQUESTED
DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM
Name of Property Owner: Capital Asset Topsail Development, LLC
Address of Property: North Anderson Boulevard (Lot 1, Elizabeth Parsley)
(Lot or Street #, Street or Road, City & County)
Agent's Name #: Charles F. Riggs & Assoc. Mailing Address: P. O. Box 1570
Agent's phone #: (910) 455-0877 Jacksonville, NC 28541
I hereby certify that I own property adjacent to the above referenced property. The individual
applying for this permit has described to me as shown on the attached drawing the development
they are proposing. A description or drawing withdimensions, must be provided wit# this'lbtter.
I have no objections to this proposal. V I have objections to this proposal.
If you have objections to what is being proposed, you mustnotify the Division of Coastal Management
(OCM) in writing within 10 days of receipt of this notice. Contact information for DCM offices is
available at www.nccoastalmanaaement.neticontact dcm_htm or by calling 1-888-4RCOAST. No
response is considered the same as no objection if you have been notified by Certified Mail. _
I understand that a pie , ock,
back a minimum distance o
wish to waive the setback, you
I do wish to
WAIVER SECTION
mooring pilings, breakwater,
m my area of riparian
5' setback
boathywsse�i t, or groin must be set
eO"unless waived by me. (If you
blank below.)
not wish to waive the 15' setback requirement.
(Prop
Charles F. Rim§, agent for application
Print or Type N
P. O. Box 1570
Mailing Address
Jacksonville, NC 28541
City/State/Zip
(910) 455-0877
Telephone Number
2T Z3
Daie
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ignature
r
P nt or Type Name
aildress
�v //C 7SV4
citylstatelzIp
Telephone Number
/� - ,�Zg 7 RECEIVED
Date Revise&1MA8211
DCM WILMINGTON, NC
CHARLES F. RIGGS & ASSOCIATES, INC.
Charles F. Riggs, P.L.S. L-2981
502 New Bridge Street
Jacksonville, North Carolina 28540
(910) 455-0877
charlesriggs@riggslandnc.com
February 23, 2024
Land Surveyors
Corporate License (C-730)
502 New Bridge Street
P_O. Box 1570
Jacksonville. North Carolina 28541
(910)455-0877
wA,w.riggslandnc.com
Mr. and Mrs. Joseph Hayes Calvert
115 Surrey Path Court
Winston-Salem, NC 27104
James A. Lewis, P.L.S. L-4562
Landfall Executive Suites
1213 Culbreth Drive
Wilmington. North Carolina 28405
(910)681-7444
jameslewis@riggslandnc.com
Re: Capital Asset Topsail Development, LLC Submittal for CAMA Permit
Dear Mr. and Mrs. Calvert:
On behalf of Capital Asset Topsail Development, LLC, Charles F. Riggs & Associates, Inc. is
submitting to the Division of Coastal Management, North Carolina Department of Environmental Quality
the enclosed application for a CAMA permit for the property located at North Anderson Boulevard (Lot
1, Elizabeth Parsley Property,} Topsail Beach, Pender County, North Carolina. Capital Asset Topsail
Development, LLC is planning to construct a single-family dwelling on pilings with decks over a concrete
slab open below for entry and parking with septic field, boat dockage and walkway for two boats, wetland
fill for driveway, pool with decking and all proposed improvements, as shown on map. We are required to
notify the adjoiners of this submittal. If you have objections, please contact Mr. Jason Dail in a timely
manner at (910) 796-7221, jason.dail@ncdenr.gov, or by mail at the Division of Coastal Management,
N.C. Department of Environmental Quality, 127 Cardinal Drive, Wilmington, NC 28405.
Respectfully,
PrmnesL. Riggs
RECEIVEn
M A R 0 6 20A
DCM WILMINGTON, NC
■ Complete items 1, 2, and 3.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
I. Article Addressed to:
Y"'�,�/imt5. ;7444ye5 C�JVC�
�IYIS�i-S'��eYrl�J11C ��r4�
A, Signature, r
X / + �) ❑ Agent
B. Received by (Pri ted acne) C. Date of Delivery
2 -Z4
D. Is de ery address different from item 1? ❑Yes
If YES, enter defivery address below: M No
�,�ervice Type
EJ Adult l
2. Adult Signature
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y❑ CertifiedMtu590 902 7438 205 74655 ❑ Certified Mail Restricted Delivery
(Tsfrfrarom ❑ Collect on Delivery
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13 Collect on Delivery Restricted Deliver)
fl
7020 1810 0000 9 5 4 7 6437 ril Restricted Delivery
AS Form 3811, July 2020 PSN 7530-02-000-9053 -2 3 —o 5 _ is,
■ Complete items 1, 2, and 3.
s• Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
5bq— �Ak Rorp
9590 9402 7438 2055 7467 48
2. Article Number !Transfer fmm . !� r,Hn
7020 1810 0000 9547 6420
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If YES, enter delivery adeIrl
❑ Priority Mail Express
❑ Registered MailTM
❑ Registered Mail Restricted
Delivery
❑ Signature ConfirmationTM
❑ Signature Confirmation
Restricted Delivery
Domestic Return Receipt
❑ Agent
❑ Addressee
C. Date of Delivery
L117_^) Z'__)L4
n item 1? 13 Yes
below: p No
3. Service Type
❑ Priority Mail Express®
❑ Adult Signature
❑ Registered MaIlTm
❑ Adult Signature Restricted Delivery
❑ Registered Mail Restricted
❑ Certified Mail®
Dekvery
❑ Certified Mail Restricted Delivery
❑ Signature ConfirmationT"
Q Collect on Delivery
❑ Signature Confirmation
^ ---in Delivery Restricted Delivery
Restricted Delivery
Mail
Mail Restricted Delivery
PS Form 3811, July 2020 PSN 7530-02-000-9053 �_V3 0 5 —1
RECEIVED
MAR 0 6 2024
M WILMINGTON, NC
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DocuSign Envelope ID: 54348FC0-A544-412A 83F1-66689C344109
Charles F. Riggs, P.L.S. L-2981
502 New Bridge Street
Jacksonville. North Carolina 28540
(910)455-0877
charlesriggsCoriggslandnc.com
To whom it may concern:
Property Legal Description:
CHARLES F. RIGGS & ASSOCIATES, INC.
Land Surveyors
Corporate License (C-730)
502 New Bridge Street
P.O. Box 1570
Jacksonville, North Carolina 28541
(910) 455-0877
E-MAIL: riggslandcrriggslandnc.com
Parcel IDs: 4213-82-4135-0000
Street Address: North Anderson Boulevard
Subdivision: _Lot 1, Elizabeth W. Parsley, Map Book 5, Page 68
County: Pender
James A. Lewis, P.L.S. L-4562
Landfall Executive Suites
1213 Culbreth Drive
Wilmington, North Carolina 28405
(910)681-7444
jameslewis a riggslandnc.com
The undersigned, registered property owners, of the above noted property, do hereby give permission to,
Charles F. Riggs and Associates, Inc. and the employees thereof, for submittal of applications to the following
agencies in order to obtain permits for development on behalf of the Purchaser as listed below.
NCDEQ — Division of Coastal Management Major CAMA Permit
United States Army Corps of Engineers — Wetland Fill Permit for Driveway
Owner: TopsailKids, LLC c/o John C. matt, Manager
Address: 606 Moravian Lane, Charlotte, North Carolina 28207
Telephone: 704-458-6037
Email Address: johnclintonwyatt@gmail.com
Purchaser: Capital Asset Topsail Development, LLC , Chris Plaford, Member/Manager
Address: 1121 Military Cutoff Road, Suite 336. Wilmington, North Carolina 28405
Telephone Number: 917-588-0302
Email Address: cplaford@,capitalasset-us.com
Oocu5lgned by:
Authorized Owner Signature: ;�" tyf Date:
3/5/2024
RECEIVED
MAR 0 6 21J24
DCM WILMINGTON, NC
III HII II1IIIIIIIIIIIIIIII>I I III
Doe No 20021075
Recorded: D310612017 01:13:35 PM
Fee Amt: S26,00 Page 1 of 2
Excise Tax: 30.00
Pender County North Carolina
Sharon Lear Willoughby, Register of Deeds
BK 4638 PG 2216 - 2217 (2)
Excise Tax S 0 Recording Time, Book and Page
Tax Lot No. Parcel Identifier No. 41A / j7- 00a' qi 3 S 0 o a a
Verified by
by:
County on the _ day of , 201_.
Mail after recording to: ilohn C. Wyatt, 606 Moravian Lane, Charlotte, NC 28207
This instrument was prepared by: R. Craig Miller, Attorney -at -Law, 301 S. McDowell Street, Suite 700, Charlotte, NC 28204
Brief Description for the index: Lots 1&2 of E.W. Parsley lands in Topsail Banks
NORTH CAROLINA SPECIAL WARRANTY DEED
THIS DEED made Ianuary 1 Ith. 2017. by and between:
GRANTOR
John C. Wyatt, Executor
of the Estate of Gretchen Fanney Wyatt
606 Moravian Lane
Charlotte, NC 28207
GRANTEE
TopsailKids, LLC
c/o John C. Wyatt, Manager
606 Moravian Lane
Charlotte, NC 28207
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.
W1TNESSETH, that the Grantor, for valuable consideration given 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 ofthe real estate situated in Pender County, North
Carolina, owned by the decedent, Gretchen Fanney Wyatt, on the date of her death, including but not limited to the following lands:
BEING all of Lots 1 and 2 oflhe Subdivision ofthe lands of Mrs. Elizabeth W. Parsley et al in Topsail Banks, according to the map or plat
thereof made by Charles H. Foard, C.E., on or about the 281h day of February, 1953, which said map or plat is recorded or to be recorded in
the Registry of Pender County, North Carolina, more particularly bounded and described as follows:
BEGINNING at a point in the Southeastern line of the right-of-way of the road or highway leading from Topsail Inlet to Surf City (said
right-of-way being 60 feet wide), which said Begi,uring Point is North 54 degrees 10 minutes East 300.24 feet from a point in the
Southeastern line of said right-of-way, which said latter point is in turn North 51 degrees 30 minutes East 1950 feet from the intersection of
said Southeastern line of said right-of-way with the boundary line of the lands now or formerly belonging to Mrs. Ehzabesh W. Parsley et
141
RECF-wry
MAP, 0 b L. j
DCM W15Lfviii\16 i vJr, ,��
BK 4638 PG 2217 DOC# 20021075
Bk 4638
Pg "17
a] and the lands now or formerly belonging to John C. Adams; and from said Beginning Point running thence South 38 degrees 30 minutes
East to the high-water mark ofthe Atlantic Ocean; thence Northeastwardly along the high-water mark ofthe Atlantic Ocean 100 feet more
or less to a point which bears South 35 degrees 40 minutes East from a point in the Southeastern fine of said right-of-way of said Highway
which is North 54 degrees 10 minutes East 104.79 feet from the Beginning Point of this description; running thence North 35 degrees 40
minutes West, along the Southwestern line of the property formerly belonging to M. R. Roberts, crossing said Topsail Inlet -Surf City
Highway, to the high-water mark of Topsail Sound; thence Southwestwardly along the high-water mark of Topsail Sound, 140 feet more
or less to a point which lies North 38 degrees 30 minutes West of the Beginning Point of this description; thence South 38 degrees 30
minutes East to the Beginning.
Subject to certain restrictions which run with the land as set forth in the deed dated July 9', 1969, and recorded in Book 422 at Page 4" in
the Pender County Registry, which are incorporated herein by reference.
LESS that certain tract of land conveyed out of the above -described tract by John Wyatt and wife, Gretchen Fanney Wyatt, to William
Edward Spooner and Martha Spooner Cofield (Hughlett), and PLUS any tract of land conveyed by William Edward Spooner and Martha
Spooner Cofield (Hughlett) to John Wyatt and wife, Gretchen Fanney Wyatt, under the terms of a Consent Order dated June 12, 1985, and
filed on June 13, 1985, in the Special Proceeding designated as File No. 83-SP-109 in the Superior Court Division of the General Court of
Justice for Pender County.
The first tract described bereinabove was acquired by the Grantor, the Executor of the Estate of Gretchen Fanney Wyatt, who died on
January 6, 2015, in Guilford County, North Carolina, leaving all of her real estate to the Executor under her last will, as shown in File
No. 15-E-787 in the Estates Division of the Office of the Clerk of Superior Court for Guilford County. The subject property was
previously conveyed to Gretchen Fanney Wyatt and her husband, John Wyatt, as tenants by the entirety on or about July 91, 1969, by
deed recorded in Book 422 at Page 444 in the Pender County Registry. John Wyatt died on July 31, 1987, in Carteret County, Mrth
Carolina, leaving his wife as the sole owner of the property. A dispute over the property line was setthd amicably by Consent Order
in said Special Proceeding recorded in File No. 83-SP-109 in the Superior Court for Pender County, wherein the parties cross -
conveyed lands and established a new boundary line between their respective tracts.
To the Grantor's best knowledge and belief there is currently no recordedmap showing the subject property with the adjusted
boundaries set forth in the Consent Order dated June 12, 1995.
TO HAVE AND TO HOLD the aforesaid lot 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 has done nothing to impair such title as Grantor received, and Grantor will
warrant and defend the title against the lawful claims of all persons claiming by, under, or through Grantor.
IN WITNESS WHEREOF, the Grantor has duly executed the foregoingdeed as of the day and year first above written.
(SEAL)
John C. Wyatt, Executor
Estate of Gretchen Fanney Wyatt
frftri
STATE OF NORTH CAROLINA, GASTON COUNTY
1, a Notary Public of the County and State aforesaid, certify that John C. Wyatt, Executor of the Estate
Note. = of Gretchen Fanney Wyatt, personally appeared before me this day and acknowledged that he
[.S SEArAnf? = voluntarily signed the foregoing instrument as the Grantor for the purpose therein stated. 1 have
t ubtic personal know] d a of the identity of the Grantor. Witness my hand and official stamp or seat this
-� i It„ day of i( 2017.
'J u1 Co u nty'M commission expires:Oi at Pw Notary Public
•
��++uilititl\� Y
Printed Name:
The foregoing Certificate of
is certified to be correct. This instrument and this certificate are duly registered at the date and time and in the Book and Page shown on the
first page hereof.
REGISTER OF DEEDS FOR PENDER COUNTY
By
Deputy/Assistant-Register of Deeds.
RECEIVED
MAR 0 6 2024
DCM WILMINGTON, NC
T
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RECEIVED
MAR 0 6 2024
DCM WILMINGTON, NC
1:7,745
0 0.05 0.1 0.2 mi
0 0.1 0.2 0.4 km
PIN:
Owner:
Deed Ref:
Property
Address:
Description:
Pender Count N
Y 1 inch = 645 feek
W E
03/05/2017
4213-82-4135-0000
TOPSAILKIDS LLC
CIO JOHN C WYATT, MANAGER
CHARLOTTE, NC 28207
4715/2565
NANDERSON BLVD
LT 1 PB 5/68 ELIZABETH W PARSLEY
Subdivision:
Tax Codes: G01 C54 R40
Sale Price:
Sale Date: LAST —SALE —DATE
Plat: 00050068
Account No:974464
Township: TOPSAIL
5.
Acres: 0.9
Land Value:
Building Value:
Total value:
Deferred Value:
Exempt Amount: 0
PCL Class: R
Heated Sq Feet:
1:1,936 Pender County
0 0.015 0.03 0.06 mi
0 0.025 0.05 0.1 km
PIN: 4213-82-4135-0000
Owner: TOPSAILKIDS LLC
CIO JOHN C WYATT, MANAGER
CHARLOTTE, NC 28207
Deed Ref:
4715/2565
Property
NANDERSON BLVD
Address:
Description:
LT 1 PB 5/68 ELIZABETH W PARSLEY
Subdivision:
N
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EMI i41 --ffi QCEAet W E
03/05/2017
DCM WILMINGTON, N05,cres: A
Land Value:
Tax Codes: G01 C54 R40
Sale Price:
Sale Date: LAST SALE DATE
Plat: 00050068
Account No: 974464
Township: TOPSAIL
Building Value:
Total value:
Deferred Value:
Exempt Amount: 0
PCL Class: R
Heated Sq Feet:
0GO
04
co
cs
RECEIVED
MAR 0 6 2024
DCM WILMINGTON,
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
.Action Id. 2007 307 071 County: Pender U.S.G.S. Quad: Hampstead
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner: John Wyatt Agent: implied Resource Management, P.C.
Address: 606 Moravian Lane attn. Ellen Cornette
Charlotte, NC 28207-1626 P.O. Box 882
Hampstead. NC28443
Property description:
Size (acres) 1.76 Nearest Town Topsail
Nearest Waterway Intracoastal Waterway River Basin Cane Fear
USGS HUC 03030007 Coordinates 34.36490N, 77.6324°W
Location description The property is located on North Anderson Blvd approximately 50 feet northeast of North
Anderson BIvd's intersection with Canadv Drive in Topsail [leach adiacent to tidal marsh connected to the Intracoastal
Waterway.
Indicate Which of the Follow•in A h;
A. Preliminary Determination
Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have
this property inspected to determine the exterit of Department of the Army (DA) jurisdiction. To be considered final, a
jurisdictional determination must be verified by the Corps. This preliminwry determination is not an appealable action
under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331).
B. Approved Determination
There are Navigable Waters of the"United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and. Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or
our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X There are wetlands on the above described property subject to the permit requirements of Section 404 of the CIean Water
Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be
relied upon for a period not to exceed five years from the date of this notification.
We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our
present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely
delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps.
X The wetland on your property have been delineated and the delineation has been verified by the Corps. We strongly
suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps.
Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property
which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed
five years.
_ The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps
Regulatory Official identified below on . Unless there is a change in the Iaw or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years fstft�
notification.
MAR D 6 2024
DCM WILMINGTON, NC
tX The'property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(CAMA). You should contact the Division of Coastal Management in Wilmington, NC at 910-251-4611 to determine
their requirements.
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
dcitcrmination and/or the Corps regulatory program, please contact Brad Shaver at 910-251-4611 _
C. Basis For Determination
The subject area exhibits wetland criteria as described in the 1987 Co s Wetland delineation Manual and is adjacent
to an unnamed tributary of the Intracoastal NVaterwav, a navicable water of the US.
D. Remarks
The site was field reviewed on October 31 2006. Any Cell within wetlands will likes ' re uire review through the CAMA
major ermit process as the property a0pears to fall within the Ocean Hazard Area of F,nvironmental Concern.
E. AppeaIs Information (This information applies only to approved jurisdictional determinations as indicated in
B. above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR part 33I. Enclosed you will find a
Notification of Appeal Process (NAP) fact street and request for appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the Soutli Atlantic Division, Division Office at the Following
address:
Mr. Michael F. Bell, Administrative Appeal Review Officer
CESAD-ET-CO-R
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for
appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP.
Should you decide to submit an RFA form, it must be received at the above address by 4/212007.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.*
Corps Regulatory Official: tom[ C
Date 2/21/2007 Expiration Date 2/21/2012
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to
do so, please complete the attached customer Satisfaction Survey or visit
lin://_rvww.saw.usace.arrnymiVWETLANDS/index html to complete the survey online.
Copy furnished:
NCDENR-DCM attn: Jon Giles 127 Cardinal Drive Wilmington, NC 28405
RECEIVED
MAR 0 6 2024
DCM WILMINGTON, NC
,J.,f�TFi�
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A licant: John Wyatt
File Number: 2007 307 071
Date: 2/21/2007
Attiched is:
See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of
A
permission)
❑
PROFFERED PERMIT Standard Permit or Letter of ennission)
B
PERMIT DENIAL
� C
X
APPROYED JURISDICTIONAL DETERMINATION D
_
PRELI?VM',TARY JURISDICTIONAL DETERMINATION E
SECTION T - The following identifies youriights and optiorns'regardiiig art"ad[txmistrativeappealt'oftthe above.
decision. Additional information.may be.found.-at. h :/I v.Usace.arin.."nil/iriet/functions/cwfcecwol a Qr
corps re ufatoiis at 33 CFR"Pint 33-1:: -
A: DI TAL PROFFERED PERMIT: You may acceptor 06iect to the permit
• ACCEPT_ If you received. a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you
may request that the permit be modified accordingly. You must complete Section II of this form and return
the form to the district engineer. Your objections must be received by the district engineer within 60 days of
the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your
letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your
concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having
determined that the permit should be issued as previously written. After evaluating your objections, the
district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and returns it to the district engineer for fiscal
authorization- If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: Tf you choose to decline the proffered permit (Standard or LOP) because of certain terms and
conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal
Process by completing Section 11 of this form and sending the form to the division engineer. This forms must
be received by the division engineer within 60 days of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form, to the division engineer. This form
must be received by the division engineer within 60 days of the date of this notice -
RECEIVED
MAR 0 6 2UA
DCM WILMINGTON, NC
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• A.CCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of
. 4 Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the
division engineer_ This form must be received by the division engineer within 60 days of the date of this
notice.
E: PRELMNARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new
information for further consideration by the Corps to reevaluate the JD.
SECITON 11 ARE irE5T FE3RAPPEAL or:fJB3EC I IONS TQ Ail I FROFFEREi� -EW. - -
REASONS FOR APPEAL OR OBJECTIONS: (Describe your'reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is Iirnited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.
QhIl T F-:CONTACT-FIR UESTIONS OR INFaR1VIA2fiQN
If you have questions regarding this decision If you only have questions regarding the appeal process you
and/or the appeal process you may contact: may also contact:
Brad Shaver Mr. Michael F. Bell, Administrative Appeal Review Officer
Regulatory Specialist CESAD-ET-CO-R
P.O. 1890 U.S. Army -Corps of Engineers, South Atlantic Division
Wilmington, NC 28402-1890 60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-8801
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any
government consultants, to conduct investigations of the project site during the course of the appeal process. You
will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site
investigations.
Date: Telephone number:
Sii mature of appellant or agent.
DIVISION ENGINEER:
Commander RECEIVED
U.S. Army Engineer Division, South Atlantic
60 Forsyth Street, Room 9M15 MAR 0 6 2024
Atlanta, Georgia 30303-3490
DCM WILMINGTON, NC
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RIW - RIGHT OF WAY
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Property Owner:
OCEAN HAZARD AEC NOTICE
Ocean Erodible Area High Hazard Flood Area
Capital Asset Topsail Development, LLC
Property Address:
Lot 1, Elizabeth W. Parsley, North Anderson Boulevard, Topsail Beach
Date Lot Was Platted: December 1990
I his notice is intended to make you. the applicant, aware of the
special risks and conditions associated with development in this
area, which is subject to natural hazards such as storms, erosion
and currents. The rules of the Coastal Resources Commission
require that you receive an AEC Hazard Lotice and
acknovvled;;,e that notice in writing before a perrnit for
developmentcan be issued.
The Commission's rules on building standards, oceanfront
setbacks and dune alterations are designed to minimize, but not
eliminate. property loss from hazards. By granting permits, the
Coastal Resources Commission does not guarantee the safety of
the development and assumes no liability for future damage to
the development. Permits issued in the Ocean Hazard Area of
Environmental Concern include the condition that structures be
relocated or dismantled if they become imminently threatened
by changes in shoreline configuration. The structure(s) must be
relocated or dismantled within two (2) years of becoming
imminently threatened, and in any case upon its collapse or
subsidence.
The best available information, as accepted by the Coastal
Resources Commission, indicates that the annual long-temi
average ocean erosion rate for the area where your property is
located is feet per year.
The rate was established by careful analysis of aerial
photographs of the coastline taken over the past 50 years.
Studies also indicate that the shoreline could move as much as
feet landward in a major storm.
The flood waters in a major storm are predicted to be about
feet deep in this area_
Preferred oceanfront protection measures are beach nourishment
and relocation of threatened structures. Hard erosion control
structures such as bulkheads, seawalls, revetments, groins, jetties
and breakwaters are prohibited. Temporary sand bags may be
authorized under certain conditions.
The applicant trust acknowledge this information and
requirements by signing this notice in the space below. Without
the proper signature, the application will not be complete.
f�
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Appli6nt Signature ' L ' ( i_)ate
Inlet Hazard Area
SPECIAL NOTE: This hazard notice is required for
development in areas subject to sudden and massive storms and
erosion. Permits issued For development in this area expire on
December 31 of the third year following the year in which the
permit was issued. Shortly before work begins on the project
site, the Local Permit Officer must be contacted to determine the
veaetation line and setback distance at your site. If the property
has Teen little change since the time of permit issuance, and the
proposed development can still meet the setback requirement.
the LPO will inform you that you may begin work. Substantial
progress on the project must be made within 60 days of this
setback determination. or the setback must be re -measured. Also.
the occurrence of a major shoreline change as the result of a
storm within the 60-day period will necessitate re -measurement
of the setback. It is important that you check with the LPO
before the permit expires for official approval to continue the
work after the permit has expired. Generally, if foundation
pilings have been placed and substantial progress is continuing,
permit renewal can be authorized. It is unlawful to continue
work after permit expiration.
For more information, contact.
Local Permit Officer
Address
Locality
Phone !Number
RECEIVED
MAR 0 6 202h
DCM WILMINGTON, NC
Revised May 2010
Major Permit Fee Schedule
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Project Narnecv(rjqv/�� County: P�NO� rCheck No & Amount:
Development Type
Fee
DCM % DWQ %
(14300160143510009316256253) (2430016024351000962341)
f. Private, non-commercial development
that does not involve the fillip or
$250
100% ($250) 0% ($0)
excavation of any wetlands or
open water areas:
If. Public or commercial development that
does not involve the filling orexcavation
$400
100% ($400) 0% ($0)
of any wetlands or open water areas:
IIf. For development that involves the
filling and/or excavation of up to 1 acre
of wetlands and/or open water areas,
determine if A,B, C, or D below applies:
III(A). Private, non-commercial
development, if General Water Quality
$250
100% ($250) 0% ($0)
Certification No. 4175 can be applied:
III(B). Public or commercial development,
if General Water Quality Certification
$400
100% ($400) 0% ($0)
No. 4175 can be applied:
III(C). If General Water Quality
Certification No. 4175 could be applied,
but DCM staff determined that additio
$400
60% ($240) 40% ($160)
review and written DWQ concurre ce is
needed because of concerns reia
waterquality or aquatic life:
Ill(D). It Generaf Water Quality
$400
60% ($240) 40% ($160)
Certification No. 4175 cannot be applied:
IV, Development that involves the filling
and/or excavation of more than one acre
$475
60% ($285) 40% ($190)
of wetlands and/or open water areas:
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