HomeMy WebLinkAbout20080648 Ver 1_401 Application_20080408LMG
LAND MANAGEMENT GROUP INC.
Environmental Consultants
April 4, 2008
TO: Ms. Kim Garvey
U.S. Anny Corps of Engineers
P.O. Box 1890
Wilmington, NC 28402-1890
RE: NWP 18 Application; Lot 4 Swordfish Lane
New Hanover County, NC
Dear Kim:
08 0648
~~~~~~~~
~~~~~
Enclosed is a NWP 18 application for your review. This application is submitted on
behalf of Scott Jones for the construction of a single family home in New Hanover Com7ty, NC.
The applicant is proposing to fill .015 acres of wetlands for the construction of a single family
home and dt~veway. The impacts are unavoidable due to the limiting size of the lot, building
setbacks, and the location of the wetland impact.
The Pre-Construction Notification form, maps, site plan, and other associated materials are
enclosed for your review. Please note that the Corps has previously approved the wetland delineation
for this site (reference Action ID# 200501200). Feel free to contact me if you have any questions.
Thank you for your assistance with this project.
Sincerely,
~~
shley Futr 1
Enviromnei~, al Scientist
Encl.
C: Mr. Scott Jones
Mr. Chad Coburn: DWQ
Mr. Ian McMillan: DWQ
Qr~~~od~~
A?R S 2008
DE.Nk - WIATER WAU~'
WETLANDS AND STpRMWA1fR8~'H
www.lmgroup.net info@Imgroup.net • Phone: 910.452.0001 Fax: 910.452.0060
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 P.O. Box 2522, Wilmington, NC 28402
Office Use Only' Fonn Version March OS
USAGE Action ID No. DWQ No. ' ~ $ 0 6 4 8
(If any particular item is not applicable to this project, please enter "Not Appl~cabfe" or "N/A".)
I. Processing
~~~~~~~~
~'~~~~
Check all of the approval(s) requested for this project:
® Section 404 Permit ^ Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
^ 401 Water Quality Certification ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 18
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here:
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ^
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here:
II. A licant Information D ~~~~~ D
PP
ASR 8 2008
1. Owner/Applicant Information
Name: Scott Jones BE -WA7ERGU~oaeAtlCN
Mailing Address: ,~~osAN~s
703 St. Joseph Street, Suite 101
Carolina Beach NC 28428
Telephone Number: (910)538-9533 Fax Number:
E-mail Address:
2. Agent/Consultant Inforniation (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Ashley Futral
Company Affiliation: Land Man~ement Group, Inc.
Mailing Address: PO Box 2522
Wilmington, NC 28402
Telephone Number: (910)452-0001 Fax Number: (910)452-0060
E-mail Address: afutral ,lm~oup.net
Updated I I/1/2005
Page 5 of I2
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps maybe included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USAGE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Lot 4 Swordfish Lane
2. T.LP. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): R09014-008-013-000, R09014-008-013-001
4. Location
County: New Hanover County Nearest Town: Carolina Beach
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers/names, landmarks, etc.): Take College Road/NC
132 south to the merging with US 421. Continue on US 421 over the Snow's Cut Bridge to
Carolina Beach. Continue on US 421/Lake Park Blvd and take a right onto South
Carolina Avenue. Take a left onto Swordfish Lane and the property will be on the right.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 34.0217 °N 77.9013 °W
6. Property size (acres): .115 acres
7. Name of nearest receiving body of water: Cape Fear River
8. River Basin: Cape Fear 03030005
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/adminhnaps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The site is currently undeveloped. Development to adjacent
properties is restricted to single family homes.
Updated 11/U2005
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used: The
project will consist of development of the~roperty including 40x60' building footprint with
an accompanying driveway accessing Swordfish Lane. The footprint will infringe on the
delineated wetland boundary where fill material will be added to support the structure of the
home All wetland impacts will be permanent.
11. Explain the purpose of the proposed work: The purpose of the proposed work is to develop
the site for a single family dwelling by impacting a portion of 404 wetlands. Without the
impact development of the lot for the intended use will be impossible.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. There is a~reviousl~signed Notification of Jurisdictional Determination
signed by Ronnie Smith and Brad Shaver dated 9/6/2005 (please reference Action ID#
200501200) The delineation was submitted by a member of Southern Environmental Group,
Inc A corresponding unsigned wetland survey is also included.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No future permit requests are anticipated.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forns should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
Updated 1 I / 1 /2005
Page 7 of 12
1. Provide a written description of the proposed impacts: The proposed impact includes the fill
of .015 acres of 404 wetlands for the development of a single family home.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For darns,
cenarately list imnactc tine to tenth structure and flooding.
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
(yes/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)
Impact A Fill/Grade Forested Wetland Yes 4000' .015
Total Wetland Impact (acres) .015
3. List the total acreage (estimated) of all existing wetlands on the property: .015
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must he included_ Te calculate acrea~e_ multiply length X width, then divide by 43.560.
Stream Impact
Number
(indicate on map)
Stream Name
Type of Impact Perennial or
Intermittent? Average
Stream Width
Before Impact Impact
Length
(linear feet) Area of
Impact
(acres)
N/A N/A N/A N/A N/A N/A N/A
Total Stream Impact (by length and acreage) N/A
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill_ excavation_ dred~in~_ flooding. drainage. bulkheads, etc.
Open Water Impact Name of Waterbody Type of Waterbody Area of
Site Number Type of Impact (lake, pond, estuary, sound, bay, Impact
(indicate on map) (if applicable) ocean, etc.) (acres)
N/A N/A N/A N/A N/A
Updated 11 / 1 /2005
Page 8 of 12
Total Open Water Impact (acres) N/A
6. List tl
ie cumuianve impact to aii waters of one ~.~. rc5uiuug ir~iii uic ~ru~c~~
Stream Impact (acres):
Wetland Impact (acres): .015
Open Water Impact (acres):
Total Impact to Waters of the U.S. (acres)
Total Stream Impact (linear feet):
7. Isolated Waters
Do any isolated waters exist on the property? ^ Yes ®No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USAGE.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Current land use in the vicinity of the pond: N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. Due to the limiting size of the
lot building setbacks and the location of the wetlands impacts to the wetlands are unavoidable.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
Updated I I/1/2005
Page 9 of 12
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strn ~ide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Mitigation for wetland impacts is not proposed because impacts are minimal.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
(919) 715-0476 to determine availability, and written approval from the NCEEP indicating
that they .are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://112o.enr.state.ne.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following inforn~ation:
Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount ofNon-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
Updated 11/1/2005
Page 10 of 12
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ^ No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at (919) 733-5083 to review current thresholds for environmental documentation.
Yes ^ No ^
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ^ No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* Impact Multiplier Required
(square feed Mitigation
1 3 (2 for Catawba)
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260. N/A
XI. Stormwater (required by DWQ)
Updated I I/1/2005
Page 11 of 12
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. Proposed impervious acreage is 0.06 acres of
the total 0.11 acre tract. Impervious surface will cover 54% of the total lot (if the drivewa~will_
be considered impervious). Stonnwater from the single family lot will be directed to either the
city stonnwater s sty em (curb and ug tter) or absorbed using swales.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
The applicant proposes to tie in to the existing city sewer system.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ^ No
Is this an after-the-fact permit application? Yes ^ No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ^ No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: This
project will not provide utilities or connections to surrounding sites.
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
N/A
`~(y/v$
Applicant/Agent's ignature Date
(Agent's signature is valid o y if an authorization letter from the applicant is provided.)
Updated 1 1 /1 /2005
Page 12 of 12
83/1°l2AF19 14:13 9184599636 rri~a~ r_uI u,
11GENT DISCLOSURE FORM
TO WHOM IT MAY CONCL-RN:
I,'we, tllc undersigned, hereby authorize Land Management Group, Inc. to act as our agent in the
i7reparation and represcntativn of info»77,a.tiotl related tv the 17er[i~it application for the
~.N~F~.~ ~ `s~fi ~' ~ `"~ C; site. All questio~~s in refiarde to this project should he d.irceled
tv Land Mahar cmcnt Group, knc_
Si.nccrely,
//~ ~~ .
.~ c 1 ~ ~ ~7~~1 ~~
Owner/Appli 'nt
~~-~--
Print Name
~~ ~ r /,r.
Date
PARID:R09014-008-013-000
LEM DAVID EDWIN
Parcel
Alt ID
Address
Unit
city
Zip Code
Neighborhood
Class
Land Use Code
Living Units
Acres
Zoning
Legal
Legal Description
Tax District
Owners
Owner
City
State
Country
Zip
1218 SWORDFISH LN
313018.30.2627.000
1218 SWORDFISH LN
CAROLINA BEACH
4760
RES-Residential
958-Unused Land
0
R-1-WB RESIDENTIAL SF
BLK 35 S PT LT 4 WILM BCH
CB
LEM DAVID EDWIN
HIGH POINT
NC
27263
The data is from 2007
v~ ~~
~~
om~~~~wmmrem
FOR REGISTR0.TIOPl REGISTER OF DEEDS
REBECCA P. SMITH
NEW HANOVER COUNTY, NG
2@@8 FEB 15 @3 , 57 : @2 PM
BK:5279 PG;1520-1524 FEE:$23,4@
ldC REV 5TA~1P:$~@@.@@
IN~1RU~4EN~ # 20080~6~48
NORTFI CAROLINA GENERAL WARRANTY DEED
Prepared~by;N T~ Ned M. Barnes
~~ U~~ A-3 Pleasure Island Plaza
Carolina Beach, NC 28428
Return to: Ned M. Barnes
Excise Tax: $100.00
Parcelldentifier: R09094-008-093-000
Brief descri lion for the Index
Southern 1 /2 of Lot 4, Bl. 35, Wilmington Beach
THIS DEEP made this ~'~~day of January, 2008, by and between
GRANTOR
DAVID EDWIN LEM and wife,
SHARON LEM
GRANTEE
JAMES H. JONES and wife,
FRANCES S. JONES
P.O. Boa 245
Carolina Beach, NC 28428
The designation Grantor and Grantee as used herein shall include said parties, their
heirs, successors, and assigns, and shall include singular, plural, masculine, feminine ar
neuter as required by context.
WiTNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the
receipt of which is hereby acknowledged, has and by these presents does grant, bargain,
seU and convey unto the Grantee in fee simple, all that certain lot or parcel of land
situated in New Hanover County, North Carolina and more particularly described as
follows:
BEGINNING at a point in the Western line of Fourth Avenue of Wilmington
Beach where said line is intersected by the dividing line between Lots 3 and
4 in Block 35 of Wilmington Beach, as the same is shown on a map
recorded in Map Book 15 at Page 16 of the New Hanover County Registry,
and running thence westwardly along said dividing line between Lots 3 and
4, 100 feet, thence North and parallel with Fourth Avenue, 25 feet, thence
East and parallel with said dividing line, 100 feet to the North line of said
Fourth Avenue, thence southwardly along said western line of Fourth
Avenue 25 feet to the point of Beginning, same being the southern one-half
of Lot 4 in Block 35 of Wilmington Beach, according to the map above
referred to.
The property hereinabove described was acquired by Grantor by instrument recorded in
Book 1787, Page 541.
A map showing the above described property is recorded in Map Book 15 at Page 16.
TO HAVE AND TO HOLD the aforesaid lots or parcels of land and all privileges and
appurtenances thereto belonging to the Grantee in fee simple.
And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee
simple, has the right to convey the same in fee simple, that ti#le is marketable and free
and clear of all encumbrances, and that Grantor will warrant and defend the title against
the lawful claims of all persons whomsoever except for the exceptions hereinafter stated.
Title to the property hereinabove described is subject to the following exceptions:
1. Rights of way and easements of record, if any.
2. Zoning and/or subdivision ordinances and regulations, if any.
3. Restrictive covenants of record, if any.
4. Ad valorem taxes far 2008 and subsequent years.
IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if
corporate, has caused this instrument to be signed in its corporate name by its duly
authorized officers and its seal to be hereunto affixed by authority of its Board of
Directors, the day and year first above written.
t./ ~~~ ~ (Seal)
DAVID EDWIN LEM
/-~ 9- o~
STATE OF NO TH CARQL,INA
COUNTY OFv yj
foliowi
IJ L-
#he du
the pu
zoos.
NOTARY PUBLIC
RANDOLPii COUNTY ~
M commissi ~°'~ cA~NA
~_/~7_ ~/~ Exr~resseplnr~i„~1~za1t
~- (Seal)
SHARON LEM
l certify that SHARON LEM, who is personally kn to me or w o roduced the
n satisfact ry evidence of his or her identity: r ~ <
r n ? ~D/03~ ~(~~~~ ,personally appeared before e t is day and acknowledged
e executron of the foregoing instrument and that said act was done voluntarily for
rpose stated therein. ~p
WITNESS my hand and notarial stamp or seal, this the ~t~---day of January,
LI=1~H A EACH ~J~ ~ ~ ~~~ ~-._.
Notary Public
STATE OF INA
~@tf1~iTY OF ay~r~~'v,f
Cry I certify that DAVID EDWIN I_EM, who is personally known tome or who produced
the following satisfactory evidence of his or her identity: 1~ , C ~r~v~. 1_ ~c
~~~3~-a.~l ~ ,personally appeared before me this day and acknowledged the
due execution of the foregoing instrument and that said act was done voluntarily for the
purpose stated therein.
WITNESS my hand and notarial stamp or seal, this the ~(~ day of January,
2008.
Notary Public
My commi sion xpires:
3 ~ vD ~ ~--4 N ~°~t~(5 I
. _ -.rr~
ANNI E. JI~O
Nday hie
Canna~~waMi d NgMNo
~4M
IM~r CORMINMI01f 11ipNM Mp1 X1.2001
o~NTY.~
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REBECCA P. SMITH
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
WILMINGTON, NC 28401
..~..M.«...,. ,'...,~.,~...t
Filed For Registration: 02/15/2008 03:57:02 PM
Book: RE 5279 Page: 1520-1524
Document No.: 2008006546
DEED 5 PGS 523.00
NC REAL ESTATE EXCISE TAX: 5100.00
Recorder: CRESWELL, ANDREA
State of North Carolina, County of New Hanover
YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT.
PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING.
*2008006548*
2008006548
PARID:R04014-008-013-001
RPHD HOLDINGS LLC
Parcel
Alt ID
Address
Unit
City
Zip Code
Neighborhood
Class
Land Use Code
Living Units
Acres
Zoning
Legal
Legal Description
Tax District
Owners
Owner
City
State
Country
Zip
1216 SWORDFISH LN
313018.30.2629.000
1216 SWORDFISH LN
CAROLINA BEACH
4760
RES-Residential
958-Unused Land
0
R-1-WB RESIDENTIAL SF
BLK 35 N PT LT 4 WILM BCH
CB
RPHD HOLDINGS LLC
CAROLINA BEACH
NC
28428
The data is from 2007
,~ ~/
~U
1~1~~~~I~M~I~N9~~
~eeeeess4,
FOR REGISTRRTION REGISTER OF DEEDS
REBECCR P. SMITH
NEW HRNOVER COUNTY, NC
2008 FEB 15 03:57:02 PM
BK;5279 PG:1517-1519 FEE:$17.00
NC REV StAMP:$140.00
INSiRl1MENi ~ 2~0800fi541
NORTH CAROLINA GENERAL WARRANTY DEED
Prepared by: Ned M. Barnes
A-3 Pleasure Island Plaza
RETURNT~ Carolina Beach, NC 28428
Return to: Ned M. Barnes
Excise Tax: ;14o.oo°t'r~'
Parcel Identifier: R09014-008-013-001
~~ N. 1l2 of Lot 4, Block 35, Carolina Beach J-
THIS DEED made this 15th day of February, 2008, by and between
GRANTOR
RHPD HOLDINGS, LLC, a North
Carolina limited liability company
GRANTEE
JAMES H. JONES and wife,
FRANCES S. JONES
P.O. Boa 2k5
Carolina Beach, NC 28428
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`.
WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the
receipt of which is hereby acknowledged, has and by these presents does grant, bargain,
sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land
situated in New Hanover County, North Carolina and more particularly described as
follows:
BEING the northern one-half of Lot 4, Block 35, Wilmington Beach as the
same is shown on a map recorded in Map Book 15, at Page 16, of the New
Hanover County Registry, to which reference is hereby made for a more
complete description. (Said map being redrawing of the map recorded Map
Book 2 at Page 30 of said Registry.}
The property hereinabove described was acquired by Grantor by instrument recorded in
Book 4327 at Page 867.
A map showing the above described property is recorded in Map Book 15 at Page 16.
TO HAVE AND TO HOLD the aforesaid lots or parcels of land and all privileges and
appurtenances thereto belonging to the Grantee in fee simple.
And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee
simple, has the right to convey the same in fee simple, that title is marketable and free
and clear of all encumbrances, and that Grantor will warrant and defend the title against
the lawful claims of all persons whomsoever except for the exceptions hereinafter stated.
Title to the properly hereinabove described is subject to the following exceptions:
1. Rights of way and easements of record, if any.
2. Zoning and/or subdivision ordinances and regulations, if any.
3. Restrictive covenants of record, if any.
4. Ad valorem taxes for 2008 and subsequent years.
IN lMTNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if
corporate, has caused this instrument to be signed in its corporate name by its duly
authorized officers and its seal to be hereunto affixed by authority of its Board of
Directors, the day and year first above written.
RHPD HOLDINGS, LLC
By:
TtMO Y JONES,
Member/Manager
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I certify that TIMOTHY S. JONES, who is personally known to me or who produced
the following satisfactory evidence of his identity:
personally appeared before me this day and acknowledged that he is a MembedManager
of RHPD HOLDINGS, LLC, a North Carolina limited liability company, and acknowledged,
on behalf of RHPD HOLDINGS, LLC, the due and voluntary execution of the foregoing
instrument for the purpose stated therein.
2008.
WITNESS my hand and notarial stamp or seal, this the 15th day of February,
'ra't .
Jac ue M. Turner ,Notary Public
My commission expires:
9/25/10 \\\\J~~y N ~~ll~~~//.
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REBECCA P. SMITH
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
WILMINGTON, NC 28401
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Ffled Foc Registration: 02!1512008 03:57:02 PM
Book: RE 5279 Page: 1517-1519
Document No.: 2008006547
DEED 3 PGS 51 7.00
NC REAL ESTATE EXCISE TAX: 5140.00
Recorder: CRESWELL, ANDREA
State of North Carolina, County of New Hanover
YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT.
PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING.
*2008006547*
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"Boundaries are approximate and
not meant to fie absolute.
Map Source: North Carolina Atlas ~ ~d~r«GC~. ~y o~.wu~ SCALE 1" = 1 Mile
Scott Jones
Swordfish Lane Lot 4 LMG Figure 1
New Hanover County, NC LANll MANA4&~fENT GROCP r:+c VIC1111t Ma
40-08-108 Environrnenta! Consultants Y P
March 2008
`Bo~.~nt~ari~<.:~re a~~ir€~xern;~fr~ ~ru' art=
not meant to be absolute
Map Source: Carolina Beach Quadrangle 7.5 minute (topographic) 1990. SCALE 1 ~~ = 1000'
Scott Jones
Swordfish Lane Lot 4 LMG Figure 2
New Hanover County, NC Lnrrvninx~cE.~~;xTCxouP~~~ USGS Topgraphic Map
40-08-108 Envirortmenfnl Consult~an~s
March 2008
Le: Leon fine sand
'`Boundaries are approximate anc~ are
not meant to be absolute
Map Source: NRCS Soil Survey.
SCALE 1" = 100'
Scott Jones
Swordfish Lane Lot 4 LMG Figure 3
New Hanover County, NC LAND MANAGEMENT GRUMP i.+c. SOIIS Map
40-08-108 Environmental Consultants
March 2008
`Boundaries are approxomate and ;~rF,
not meant to be absolute
Map Source: 2002 NAPP aerial photography SCALE 1" = 100'
Scott Jones
Swordfish Lane Lot 4 LMG Figure 4
New Hanover County, NC Lnrrnr~nx;~c~yLnrcxour~~~ Aerial Photograph
40-08-108 Enviionmentn! Consultants
March 2008
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Map Source: Survey prepared by Patrick C. Bristow 311212008
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L/'~Q X49
U.S. ARMY C012PS OF' ENG~IlVL;l;l~t5 ~c , ,,~..
WILMINGTON DISTRICT `(,~~'°
Action Id. ZUUSUI3UU County: New Hanover U.S.G.S. Quad. Carolina Beach
NOTIFICATION OF JURISDICTIONAL, D>IJTLI2MIN ~TIDN 3 .~ 11 °~ 3 o d~-t1
~,.~ Gam(
Property Owner: Scott Jones Agent: Dylan Elks
Southern Environmental L'roup, Inc. ~
Address: 1210 Swordi'sh Lane 5315 S. College Rd. ~ $~ [~a
Carolina 13each, NC 28428 Wilmington, NC :8412 ~. ~Y_~
Phone Number: (910) 458-6871 (91 U) 452-2711
Property description:
Size (acres) < l:~cre Nearest Town Carolina Beach
Nearest VVst~rway Cape Fear River River Basin Cape Fear
USGS 14UC 03030005 Coord~uutc~ N 3=4.0217 W -77.9Ut3
Location description; The reviewed property is ebst of the Cape Fear !fiver at L?14 and 1216 Swordfish Lbnezsanth oi'
'Tennessee Avenue, in Carolina Beath. New )"lanover Cowlty. North Carolina
tndicate Which of the Follnwin~ Annly:
_ Based on preliminsry information, there maybe wetlands on the above described property. We strongly suggest you have
this property inspected to determinz thr; oxtent of Department ol'`thc AzZiiy (DA) jurisdiction. To be considered lion!, a
jurisdictions! determination must be verified by the Corps. This prelinvnary determination is not an appealable action
under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331).
_ There are Navigable Waters of the United Stotts within the above described property subject to the permit requirements of
Section 10 of the Rivers and ~larbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or
_ _ _ourpublished regulations, this dcletmination may bz.relied upon. fora period not, to exceed five }ears from the date of this
notification. } _ . _.__ ....
X There are wetlands nn the above described property subject to the permit requirements oYSection 404 of the Clean
Water Act (CWA)(33 USC 6 1344). Unless there is a ehan~e in the law or our published regulations this
dctCrmin~tlon play be r~iied upun for a period not to exceed t7ve veers from the date of this notif cation
_ Wr strongly suggest you have the wetlands on your property delineated. Due to the site of your property and/or our
present wurkluaJ, trio Corps nay not be able to accomplish this wetland delineation in a timely manner. For a more timely
delineation, ynu play wish to obtain a consultant. To 6c considered final, any delineation must be verified by the Corps.
X The wetland nn Your property have been delineated end fhe delineation has been verified 6v the Corns. We
strongly su~sest ybu have this delineation surveyed. Upon completion this survey should be reviewed and verified
by the Carps. (lore yrriPFd this survey will provide an aeeurntc depiction of all areas suhje~l to CWA Iur15d1CtYOn
on your property which, provided there is no chsn~e in the 1~-w nr our published re~ulatinns. may be relied unan
for a period not to exceed five years.
_ The wetlands have been delineated and surveyed and arc accurately depicted on the plat signed by the Corps Regulatory
Official identified bclor,~ on .Unless there is a change in the law or our published regulations, this
dvtcrrtiination may be relied upon Tor a period not to cxt;eed five yews from the date of this notifiication_
_ There are nb waters of the U.S., to include ~~•etlands, present on the above described property which are subject to the'
permit requirements oi' Section 404 of the Clean Water Act (33 USC 1344)_ Unless there is a chanoc in the law or our
published regulations, this detenmination may be relied upon for a period not to exceed five years from the date of this
notification.
X The property is located in one of the 2U Coastal Counties suhlect to regulation under the Coastal Area Management
Aci (['o1vlA1_ You should contact the Division of Coastal ManaQema~,l in Wi1min~totl NC at~9101 7y6-7215 to
determine their requirements.
Pale 1 of 2
b~J/ZIP 3~'~d 9i/5Ei5bC~ZE ~g ~5I 81~N~/LZr`~I~
.Action ID. 20001200
Placement of dredged or fill material within waters of the U S snd/or wi:tlands without a Department of the Army permit may
constitute a violation of Section 30'1 of the Clean Water Act (S3 1J SC ~ t> l l). Ifyou have any questions regarding this
detem-,ination and/or the Corps regulatory program, please contact Ronnie Srnith at (910) 251-~G3S
Basis For Determination: 1`his site exhibits wetland criteria as described in the 198 Corps Wetland Delineation Manual
and is 9diacent to x surface drains~e feature connected to the Cane Fear River, v~~hich is a navigable watec at the US.
This determ~notion is based nn infurmntioe provided by D~~lvn Elky and a site vi9it bV Ronnie Smith on September 06,
0~5.
Remarks:
Corps Regulatory Official:
Date September 06, 2005 )/xpirstion Gate September 06, 2010
Corps Regulatory Official (initial):
FOR OFFICE USE ONLY:
A plot or shctch of the propcriy and the wetland data form muse be attachod to the file ~upy of this faint.
A copy of the "Notii'icaCion OfAdtninistrative Appeal Options And Process And Request For Appeal" form muss b~
transmitted with the property owner/agent copy of this form.
• If the property contains isolated wetlands/waters, please indicate in "Remarks" section and attach the
"isolated Determination Information Sheee" to the file copy of this fiortn.
Page 2 of Z
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COVENANTS GPRECOKD_
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i ,7 C.'~'i' .~ i!"HT 'i N~ti I,OPY Q~ 7Mi5 PLAT AwJRn! ELY J~ iC5 r"_ 3~, , , , "~RY
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Nfl T E: "404" WETLANDS DELINEATED 6Y
!AND MANAGEMENT GfZOJP, INC.
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SURVEY P.ErrRENCE
MnP BOOK 15 ;AGE I E
DEED BOOK 8288 PAVE ! 3-~0
tiOTE; Tt1IB LOT 15 COCA ~ ED
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FIRP.~ CrJ~7+F~~uN1'Y i'ANEL
t+ 3?~347 3:30
DATED: APRIL 3, 20v&
"404 " WETIAN D LINE TABLE
LINE LENGTki BEARING
~ L 1 10.58 ~~~~~ 18+~~~'E
` ~2 14.36 N37°07`47°E
L3 19.62 X63°42"09'E
L4 24.02 50838'25"E
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