Loading...
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.~ ~ ~ 0 ;v~ ~ ~~ ro n1 ~ ~ x 0 i~ti .a?J ~`~BltSfi'E~~ 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~~~//. `~O •yt~: ~ : NOTARY .~ - *«* _ ~•• PUBLIC • ~ ~~•• •_- /~~'9N~~ER GO~~,,: /~~~/ll ii l~~~ ~~} N TY ~ ~ ~~~ r ~{`' a ~~ O ~ ~1 A _ V ~ r ~. 1`~~: a~l ~q~11S(~~,~ REBECCA P. SMITH REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 ~.,.., ~... ~., ~ *.,, ~.... ~,.,. *... t.. 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* 2008006547 v ` ~~ Ja S~ '//(Jrton ` r' R~cerr ° FiShin~, Pier 4..: ~ r' y p e f(~"it-~Fi !ritl!l~ ~, (;' ~"F E 1'Ai~1i j ~ ~ ~_arC)16flai ~~f'dt i? ~ ~ C ~~ ~. Qy t I I i tiftlr)SW ~ Wri ~ ~' ~ ~. ~t_~4 . s ~ r ~' ,``'~ ~r SITE 'Z aax t, 7 ~ .% ., - .tl /~~ .r ~ ~.. ~ :;~ r\ r '~~. tirzungton ~~ ~ :, ~ ~\ ~ 1 ~ Bea~cty l ~ ~ ~i !I ~ Landi 1CUrE' ~f'~t:h ' `-" ~ ~ , . 51:.-,, /Reaves ~. ~ Go 4~-^..:, Ft~Ftsrt~; f'tf,r ~ ~ .t'ki, Kure R~~rtt PP.tB!'5 ~. :.~ ~ ~ 1 .-~,i ,,.#t~, Fr ~_ ~. r f ~. `' ~~` ~. canny ~{~" 1 ~' t't~RT E=ISIiER 1.? ~ ~-1: - ~ ~r AIR FORCE REC` AREA i ~ /`' 1 ~. i r 8t ?;' .~t .J "~'' S ~c-rf Fist>Ier ~ 'r 4 21 ~-, ,*. ~ ~brt f=fisher r ~. ~° p ~ E ~ <<t F tsher 5KA ~ tt~nFr:~r u.r,; ` y~ . ll' r", G. `~ 'x URT 115f9i:R ' /~57ATf- REt:'tiEAT'it~N AREA .- "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 i ~~ ,._.. _._. . iii .. ~~ ~~i( `1 ~ '~ ~ t ;S, f 1 I~ ~ i r., ? ~. r ~C' ~_ -. i ' :. _. .. .. c , • -_ ;,, V 1 i y. . .. .., ~ ~;; ~ ... 'If I `... i1l'V - f._ ~~ ~ ~ ,~ ~I_ i ., ~_ t. "Boundaries are approximate anQ are ,~r~ not meant t~ be ~bsol~ate Map Source: Survey prepared by Patrick C. Bristow 311212008 . , .F_ . / , I I Dwelling 40'x60' (on pilings) _ _ ~ ~ ~' -, _ i t ~_ f f, zs, i . . ' Driveway 15'x20' f zo.o~ __. _ _ .. ~ ,~` i ~ i ~..i J i L/ I Y. Proposed wetland impacts (.015 acres) - -Building setback SCALE 1" = 30' ,t~ ~ ,. . ~ -- North Carolina Floodplain Mapping Information System 1 1~,_ . , 12 ~~ ~ ~.f H44P ~` ~ ~ ul~ ~Y Cau~~ 0^~nd3rics ~ k+..k'~+ North +~are 'j P m~ ! ~ 4 ~:k t ~ + ~ 9 ~ n I'god liszard=2a,nc dC f y ~, 1alJ'p~l if 6~3.1m~-11ac ~~~ ~~ ~''' a?` of ~: i.+vt '_ ~' ~~f~ :y<,~ i 9~7yr fluading- 5 v f6wdx^3y IA•Lp 6r' fdu3d lUz3ad ..O"isr ~: ~ ~ 20 nes ~ a,~ ~'. ''k' y~',).t $`: idl~Jyr:f hid -4.6~ci4• s `•' I E -, g sec^' ~ ~',:; ~3F [i~ 19~Jyr Sh3lhw'f h~~din~ '~ _.. .<:$ ,..... .~. Mina Floodplain A~lappin~ Information :System Figure 6: Floodplain Map s v~ ~,~ ~' 's*A ..k k ~ 4 , ~i ,, ~ `~" ..nr~ uF 3, ~ ~ , .tea. { a~` 5]rJyr f{~adn;l'ihaded r' K1 .~ ~Y ;. iEx, 4 S IV~yr ~:ttL.:C Cosdlxyn5 > ~6€~'~ f!oading{1Cfuturef w '~i-: " i. a Ca3SMl.a u:nds fir/ Rft4'933d 52[C334S • ,~. :5 s~• ~'~.. •~ {>. Df :.R 44 Ga~i:f y~µ :~ ''' H~'~t=~ ~~ ~~~s ,e t:,~y ko~ ~ ,°` ~ r 4 S ~ n yu~''~t,,_ 4Mttia~n ~~-~~k ,~~ r~.~''a'nx w. ~... .. Y-~ aM, t.r tr '.~ ~ C'' +~ , ,: '~c`4n/ 1:2400 §3 ,`1 :O 9 i~.' 0~ Page 1 of 1 NC_Flood_maps I Help ~ Contact Us ~F~N"tr r- ~'fa,~~rY~~ M1 u ~y , 0 http://www.ncsparta.net/finis/PrintMap.aspx 4/4/2008 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 b0/~',0 3Jvd 9~9ESSbFJIE d~ ~yZ SdI~~ILt/~d 'r",MCP; C. o~CT'uV~. C~?Ti~-YT!1A.T T"~!~,°RG"~i~'t~'AS SUR's`~'SC APJ +UA?';tRt~'~~'J a"dLE?!~ hu `~','CiDN G~ SCR°°'fGN P„ S`G1TJ CN T'?E r"A;C G' `rii5 ?L~i, °.n!0 G "~`t,:`5!Gt, %] ~"~ CG.'~ _. 5`' Cvi"P.;~>~ /n~,~~, .ue*^,a ar1 nA~~r~ ~+G+T SLR?~~FVFn eep~~~ H'l+e~ av ~~ti c, -` ~G"~ S f : O,IM~ , '. ni iJJNIi, ~w ~i ~ ~ rNe. ~ LMr`~ Ui ~~~! tINL/ ~G~,..u F.~ i i ~J~;>v"~'iATPCN'.~'E~`.NC+'G; T"AI T",~ °i.A~ 4h`A~ P~'~?ny,~:G IN A.CCv.°v;'AitiC.` t4'~" „r ..._~a ,.. Ar"iCE"`~~ ~,NGSUE'~"`1Nv`N'vOK~":CA~Cu~A rY`~~NE°509"GRIGi'~AL.,I,"JATG: , NL+~~~E~ ANC ~FAL"r5 2`ti SAY OF MAKCtf A D 00&. ? AT R'CK C. 5"GT G',M' r o+~ i _,~'G~ N.L. , + ,4 ~ . _-~-.. ~,;,,~"„~~~,t, ti, _ ~1 ~~j~r ,~ ~ R ~, 0~,~•~k~5.c, y ~% ~"~~ ~~ ~~~~ ~~3' ~~~,~ r ,~ I W ~~ U ~ I° J ~ I~ ~~ I- :~ 4~D S'J"+~~~~~ ~'~ r'a n (x .~ J~~ ~ ~t IfIL'w1At~ti~~ i - - _ _ - - - ~ "QC?4" V~LANDS 647 SQ. ~:~ NJF AE~BOIT DB 489 I °(', 985 S 19°24'00"W 50.00' Q C ~ O Jll \~ ~~ 1 ml W ~~ N/r o ~/ DAVID LEM ~ ~k r DB 1787 PG 54 i o i 0 ~~ S 19'24'00"W 150.00' -~ N 19°24'00°E 50. C~ I I I NCJ T E: 7t9';B LO" i5 5'-1BJE'~T i U ALl !.'7it~~' COVENANTS GPRECOKD_ F ;TIc'!uATL ~ D' PiF G.S. CQ?,P5 OP Ct.GIN:P,`: i ,7 C.'~'i' .~ i!"HT 'i N~ti I,OPY Q~ 7Mi5 PLAT AwJRn! ELY J~ iC5 r"_ 3~, , , , "~RY `_ JJR!SDICC!ON OF SECTION 404 O T^E CaAN'v`+A'LK A~: PUR.,JAtiT TO --iE °97 t," ~NUAL a,`• J~~~,F~It~ED 5YT"?. !JNu~i?51r NAB Gti " ~'~ GA;E.'u~.~:, ~"?~, <~ " ~YiANC-`_ `4 `~'E ,Alh' vR C: R'',i3L15PED ?~'GJ.u.T10 +" r, 5 ~`"E~1J >.A ',~,A ,^,.` ~~~ IGv J;,kSDI,., ICiF.j h"Al 3E ~ LiEG ~°UN `L}>t A FE~i+OJ OF ~ ~ E `~A^'~ `RJt~' T"5 L'A~E. 5i6NATliP.E GP U. 5. AP,`~iY CGP?5 OF FtiaINEEKS OrF'`..iAL PATE OF SIGNATG~E N/t= JOkiNSTQN ~ DB 1173 PG 1332 ~ l~ ~---- - L O O Nl F SILVER OLYMPIC, 11.C D8 4976 PG 467 0 O m O z SWc~~DFlS~ LN~ _ __ ~ °i 3uC ,2d'4N - Nfl T E: "404" WETLANDS DELINEATED 6Y !AND MANAGEMENT GfZOJP, INC. ~_ j I i 1 _[~ LEGEND Q = BSI FRON °iPF = rEtVT Ryi~~F Ia !fir L _ U; ~ ~,y - t-' ~. SURVEY P.ErrRENCE MnP BOOK 15 ;AGE I E DEED BOOK 8288 PAVE ! 3-~0 tiOTE; Tt1IB LOT 15 COCA ~ ED 1N ZCNE AE SE1 ~ 2) 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 s +y, n~ ~~~;P~: , , s a > ~ ~ eeA~r. Rtx ~~ uo- aau ~ku~K ~~ _~~ a.G~;a MARCl1 12Tt1, 2Q08 Q. - - 5 FCC.-~ "404" JU(~I~DICTIC~NAL E3QUNDARY SUi~UEY F~f~. .--~ BRISTO'~~ F~TRICKC 30 0 15 30 60 ~ JAMcS JONES ~ ~~ FENCES Jail ;'~ ~~ ~~~,, ~~ . L.A,ND SURVEYh'~G, PC ~_..rrr--~~~~ ~~ ~ ~ ~._._. , ; E ess a~ ~aua~ ~~a e[t~~ xnaJ~ LOT 4 BLOCK :35 4NILMWGTON BEACf1 ~ i '' ~h "~~"'~~ ~`"~` ~" y ~~~ ~ ~ ;~o,~+:~a v~x~~F ~ ~ 1 INCI1 = 30 rEET , , ti, .«K ,,.e~s~~w.A~J_~~~..t,IN~, ~ ~v~AK ~_,;;~ TOWiJ OF CAROLINA 8f~AC`I NEW ~1ANOVEfP. COUNTY, N.C. `-S ~:.vut. ~i~~~~~~r~ _.__ N Z LOCATION ~IAP N+~ i 7p SC.Ai.E