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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. NU.4iH CARWNA �4 _ On"mlmeal us RFeemen�al4u�nh 252.515.5400 a �C p GI M -0 N ' c CL V} oqcc M H N C13 n _ m 4 4 (A A O 0 ° co V A Vi rol "9 s" • �x " 3 3 CD `_ ■ o > _£ �- =h r m CL = MO 4 rf�WYt �V I^ = 3 0 O • _. V� IV .. 0 %C O J{;(/�� • to -,,-,�.' (D ,u R M CD` = o y a r- V �. O 00 {-i CL D m _ro � C " .■.. M o (D .� y D O f ft 33 )1 o C)r L -n 0 iL O (3 33 m> CD O xn � m 00 0) (D ..� O Q ... V V Cr L�nrirt'+n!}7c77fc7i C7ui71+r3° 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 on) 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 rRes tricted Deliver y❑ CertifiedMtu590 902 7438 205 74655 ❑ Certified Mail Restricted Delivery (Tsfrfrarom ❑ Collect on Delivery leArtcle Number neservice label) 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 I A. D. Is delivery address different 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 aPh��&a fie, 10 t��� S 17 I a I 3 y� �39 959 595 9 � I I "a re I a Cf i t� I tp r tl Ixaru_iruasrl+Va A g72 Ye c €• Y, — ' 6S 1vMH7iH �N — ONVA31l1p9 NO$y3[NY - N ' 4om �i tFy S _ g 5gilMa. I S 1 A e ®® ECE MAR 06 a E'F z W a s� aSy d�w� �uf6f1 s�o� a � Q F d U C 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 171 (tom J ` F _ I j --- C c" J ri 3 r r rZ 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 ll,,��pp 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� y ��N, U M &�l�::s ' '. {`4��Q11�1J1f+$�r$' 1 ..tiV'i t i . S �J°"._ I7^",H:r ,.Y^ S`�'' Y• 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 C _ o� c � CD_ �a AomaApq LD•LL. tr �'01 fl bf, o CL : p 0 � LO O U r ` Q � O ¢ U 00 30 DC �rr D � I 0 2 LO 0 LO M yl! r i Q a ' Yrsppih pWye 1;547 1— —, '4T �i z -5l CANADAY DRIVE C 0 U flu 0 y z�5 c 0wo o z � - c CL t� U � C F4 gO « wad rC'q L r� 92, LL a'z w L3CO � ID RI � Y 1w � Ea o C cd Q � r z 0 %0 o W N O N W C.CD U UJ 4 1.L � z U Z NC HIGHWAY 50 SURVEY.dgn 4/25/2005 9:13:50 AM & ± z - 2 Q � e ON m C \ � / 5 G _ § § k U §) . m - A ° 0 / R ) \ ± ) 4 _ \ \ §2 �) ° } t - o { ❑ � § 0 \ > ° W lz a; \/ q o / \\ \ \ §\ \\ ƒ j/ 91 WATER BODY WIDTH = 1300, �1 ! �1 ! LOT 13 ADJOMM EQS=G 0= M.B. 10, P. 31� I I I ! 1 _J I ! APPROXIMATE LOCRT IONI'M ADM INER'S DOCK _ _ _ _ _ I 1 E � o+ : h ! (c) 3.4' MAL '8s S4F Aw' .— r#' �� —'Coverer j� EDGE >fL4PRE LINE r POND ; ;` $ I LATF01�11 r� #. Es =:r ��� I ; "-f c �� I VIMAWAYfFR tti' 192' PE10P� & 1t�00D Xri.9` X\ X - ctsr, MrA'WE ; EtW set 11.49' a s X. XINP `2429' NMP �$' M -0.8' 'Y 0LAND 7 . IY APPUED 1 NAGELIENT D ON: i �• 2023 - •� — ti��, s .AR . 70NE .' ZONED R-2 ZgNING A C FRONT - 7.5' REAR = 1/3 LOT TO 33 SIDE = 5' SIDE STREET 15' owfqms AE" TOPSAg3UDS, LLC •Q') TITLE SOILRGE D.8. 46X P. 2216 TAX-M „ 9 4213-82-413 i-ODDD T� D.B. i 486, P. 23 D.9. 4591, P. 154 D.B. 46X P. 2216 M.S. 5. P. 68 �-1 M.B. 10. P. 31 r.w�. •1 a= —cue .ev. Items er �ranrnl f 4.0' X-4.4' l 1 FBAMw :s ssaw 1 a4•� i — — ! IL 13' J 1 PROPDw _ 1 BOAT In 1 NX: 2' I hl i B 3.1 -)SLIT mp im Is sem?IX I I sal —{.s' X-4.V 1 1ZP�iiuw aAtvEY t NAP LEGM CC = CONTROL OSIER ECM - DWNG CONCRETE MONUMENT (FOUN XCONITIZOL CORNIER) EIP = E*nNG IRON PIPE (FOUND) EIR = EXISTING IRON ROD (FOUND) EM = EXISTING MAGNETIC NAIL (FOUNDXCONTROL CORNER) EPK = DMNG PARIO-KALON NAIL (FQkW)(COH7ROL ) ERRS = ENSTING RAILROAD SPIKE TOOND) MBL = UIN IMUM BUILDING .LINE NMP = NON MONUMENTED POINT RIW - RIGHT OF WAY SCAT - SET CONCRETE LION UMENT (CONTROL CORNIER) SIP - SET IRON PIPE SIR - SET IRON ROD SUN - SET MAGNE71C NAIL (CONTROL CORNIER) SPK - SET PARKER-KALON NAIL (CONTROL CORNER) - CENTERLINE ® WATER UE7ER = FIRE HYWJWT WATER VALVE - SANITARY SEWER MANHOLE �o = CLEAN OUT - TELEPHONE PEDESTAL. TELEVISION PEDESTAL o - F®Qi OPTIC CABLE MARKER TAT — 1 Irw-r C/V r Project is in an 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� r 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 4 k�zz/ 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: 5FC z a $®�a t 91111 AH "n �l��8 O g �� Ig ff ow g p�31 n §� 3 :I N H S�qN r- _ _ __ _ ___--.-i A 0 xe $ iyr1'l- Pi JL-- ft 5 iy�p � k 8� d 2 a W7 =@g� 2 � �� ■: z 3� • �� �qy5 i� $�3� z> Iee q a W ff �E a e °(R w Q e a X ve P,v =ai ir .a. x n _ OS AYMHOIH ON - OtltlA3lf106 NUSi130Np HLiION gg qq Fb