19870013 Ver 1_COMPLETE FILE_19870528

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State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor R. Paul Wilms
S. Thomas Rhodes, Secretary May 28, 1987 Director
Mr. William Bostic, Vice President
Bailey and Associates, Inc.
P.O. Box 400
Jacksonville, NC 28541
Subject: Certification Pursuant to Section
401 of the Federal Clean Water Act,
Proposed Road Crossing
Ogden Village Subdivision
Bailey and Associates, Inc.
Tributary to Pages Creek
New Hanover County
Dear Mr. Bostic:
Attached hereto are two (2) copies of Certification No. 2078
issued to Bailey and Associates, Inc. dated May 28, 1987.
If we can be of further assistance, do not hesitate to contact us.
Sincerely yours,
Original Signed By
William C. Mills
For R. Paul Wilms
cc: Wilmington District Corps of Engineers
ilmington Regional Office
Ir. William Mills
Mr. David Owens
Pollution Prevention Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
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NORTH CAROLINA
New Hanover County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of
Section 401 Public Laws 92-500 and 95-217 of the United States and
subject to the North Carolina Division of Environmental Management
Regulations in 15 NCAC 2H, Section .0500 to Bailey and Associates, Inc.
pursuant to an application filed on the 16th day of April, 1987 to
construct a residential roadway crossing in Ogden Village Subdivision.
The Application provides adequate assurance that the discharge of
fill material into a wetlands area adjacent to the waters of a tributary
to Pages Creek in conjunction with the proposed roadway construction in
New Hanover County will not result in a violation of applicable Water
Quality Standards and discharge guidelines. Therefore, the State of
North Carolina certifies that this activity will not violate Sections
301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in
accordance with the application and conditions hereinafter set forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner
as to prevent significant increase in turbidity
outside the area of construction or construction-
related discharge (increases such that the
turbidity in the Stream is 25 NTU's or less
are not considered significant).
2. That appropriate sedimentation and erosion control
measures shall be employed to minimize turbidity
and siltation impacts.
Violations,of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall become null and void unless the above
conditions are made conditions of the Federal Permit.
This the 28th day of May, 1987.
DIVISION OF ENVIRONMENTAL MANAGEMENT
Original Signed By
William C. Mills
For R. Paul Wilms, Director
WQC# 2078
-- ?
J

State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor R. Paul Wilms
S. Thomas Rhodes, Secretary May 28, 1987 Director
Mr. William Bostic, Vice President
Bailey and Associates, Inc.
P.O. Box 400
Jacksonville, NC 28541
Subject: Certification Pursuant to Section
401 of the Federal Clean Water Act,
Proposed Road Crossing
Ogden Village Subdivision
Bailey and Associates, Inc.
Tributary to Pages Creek
New Hanover County
Dear Mr. Bostic:
Attached hereto are two (2) copies of Certification No. 2078
issued to Bailey and Associates, Inc. dated May 28, 1987.
If we can be of further assistance, do not hesitate to contact us.
Sincerely yours,
Original Signed By
William C. Mills
For
R. Paul Wilms
cc: Wilmington District Corps of Engineers
Wilmington Regional Office
Mr. William Mills
Mr. David Owens
Pollution Prevention Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
1
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NORTH CAROLINA
New Hanover County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of
Section 401 Public Laws 92-500 and 95-217 of the United States and
subject to the North Carolina Division of Environmental Management
Regulations in 15 NCAC 2H, Section .0500 to Bailey and Associates, Inc.
pursuant to an application filed on the 16th day of. April, 1987 to
construct a residential. roadway crossing in Ogden Village Subdivision.
The Application provides adequate assurance that the discharge of
fill material into a wetlands area adjacent to the waters of a tributary
to Pages Creek in conjunction with the proposed roadway construction in
New Hanover County will not result in a violation of applicable Water
Quality Standards and discharge guidelines. Therefore, the State of
North Carolina certifies that this activity will not violate Sections
301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in
accordance with the application and conditions hereinafter set forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner
as to prevent significant increase in turbidity
outside the area of construction or construction-
related discharge (increases such that the
turbidity in the Stream is 25 NTU's or less
are not considered significant).
2. That appropriate sedimentation and erosion control
measures shall be employed to minimize turbidity
and siltation impacts.
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall become null and void unless the above
conditions are made conditions of the Federal Permit.
This the 28th day of May, 1987.
DIVISION OF ENVIRONMENTAL MANAGEMENT
Original Signed By
?*"Miam C. Mills
For R. Paul Wilms, Director
WQC# 2078
RECEIVED
LETTER OF TRANSMITTAL U APR 16 1987
WATER QUALITY SECTION
OPERATIONS B'?ANCY.
TO:
Mr. Bill Mills
NC_Dept ` of_Natural _Resources _and Community__
Development__-DEM - Water Quality_Section____
P.O. Box 27687
Raleigh, North Carolina _ 27611-7687
GENTLEMEN:
WE ARE SENDING YOU
? PRINTS
? COPY OF LETTER
DESCRIPTION:
? ATTACHED
UNDER SEPARATE COVER
® PLANS ? SPECIFICATIONS
® OTHER _401 and 404 Application
----- Application and-supporting documents _reguesting_401_ certification for 404 National
Permit for Minor Road Crossing (CFR_Volume 47 No._141?_ article 330.5(a)(14)) - --------------------------------------- - - ---
THESE ARE TRANSMITTED AS CHECKED BELOW:
® FOR APPROVAL
? FOR REVIEW AND COMMENT
? FOR BIDS DUE --------------------
? PRINTS RETURNED AFTER LOAN TO US
? OTHER --------------------------------------
REMARKS
----------------- 19
Please advise me at 1-800-682-7822 if-you hav_e_any_guestions_or desire _additional ----------------------------------------- -
information.
-----------------------------------------------------------------------------------------------------
Wayne Ragland
COPIES TO: -CF(P) , Bailey and Associates, Inc. Staff Soil Scientist
Corps of`)?ngineers ?Wilmingtonj
(if enclosures are not as noted, kindly notify us at once)
? AS REQUESTED
? FOR YOUR USE
famed e'e'wa't ` anal'ddoeia,red.' Ana
CONSULTING ENGINEERS AND LAND SURVEYORS
P. 0. DRAWER 976
JACKSONVILLE, NORTH CAF,Q.L A 28541.0976
919-455-2414 1 ' w"" ?`yGt V
Date: - April _8,- 1987 _____ [
Attn: -Mr. Bill Mills ------
----- ------ ----------
Ref: -- Ogden-Village _ Subdivision-_-
- 401 certification request___

APPLICATION
! FOR
PERMIT TO EXCAVATE AND/OR FILL
WATER QUALITY CERTIFICATION
EASEMENT IN LANDS COVERED BY WATER LAMA PERMIT FOR MAJOR DEVELOPMENT
Department of Adminktratlon State of North Carolina Department of IM Army
(GS 14612) Department of Natural Resources and Community Development Corps of Engineers, wilmirytom Ofstrkt
(GS 113-229,143-215.3(a)(1), 143-215.3(c), 113A•118 (33 CFR 209.320.329)
Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank.
1. Applicant Information
A. Name Bailey and Associates, Inc.
Last First Middle
8. Address P.O. Box 400
Street, P. O. Box or Route
Jacksonville North Carolina 28541 [phone]
City or Town State Zip Code Phone
II. Location of Proposed Project:
A. County New Hanover
B. 1. City, town, community or landmark Ogden
2. Is proposed work within city limits? Yes No X
C. Creek, river, sound or bay upon which project is located or nearest named body of water to project Pages Creek
111. Description of Project
A. 1. Maintenance of existing project 2. New work
S. Purpose of excavation or fill
Residential Street
1. Access channel N/A length width depth
2. Boat basin N/A length width depth
3. Fill area N/A length width depth
4. Other Roadbed length width depth
C. 1. Bulkhead length N/A Average distance waterward of MHW (shoreline) N/A
2. Type of bulkhead construction (material) N/A
D. Excavated material (total for project)
1. Cubic yards N/A 2.
E. Fill material to be placed below MHW (see also VI
1. Cubic yards N/A 2.
Type of material
. A)
Type of material
IV. Land_Type, Disposal Area, and Construction Equipment:
A. Does the area to be excavated include any marshland, swamps or other wetland? Yes - No X
B. Does the disposal area include any marshland, swamps or other wetland? Yes X No
C. Disposal Area Roadbed, as shown on attached exhibit
1. Location
2, Do you claim title to disposal areal- yes
D. Fill material source if fill is to be trucked in on-site, select soil fill
E. How will excavated material be entrapped and erosion controlled? silt fences, diversions, grassing,
short construction duration
F, Type of equipment to be used dozers, pans, similar
G. Will marshland he crossed in transporting equipment to project site? If yes, explain no
D&F-1111
Rev. 10173

r'
V. hambd Um of Pre*1 Am (DaKrIlle)
A. 1. Private
2 Commercial
3. Housing Development or Industrial
4. ptheraccess to-residential, assure emergency vehicle access to residential subdivisior.
B. 1. Lot size(s) N/A -
2. Elevation of lot(s) above mean high water
3. Soil type and texture sandy Leon and Baymeade series
4. Type of building facilities or structures
5. Sewage disposal and/or waste water treatment A. Existing X Planned
B. Describe pretreatment and soil disposal
6. Land Classification (circle one) DEVELOPED TRANSITIOg COMMUNITY RURAL
CONSERVATION OTHER (See CAMA Local Land Use Plan Synopsis)
VI. Pertaining to Fill and Water Quality:
A. Does the proposed project involve. the placement of fill materials below mean high water? Yes No X
0. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the
area following project completion? Yes-No X
2 Type of discharge N/A
3. Location of discharge N/A
VII. Present rate of shoreline erosion (if known): N/A
Vlll. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for
. work in project area, if applicable: 33 CFR 330.5 (a) (12) and (14) on July 9, 1985
U(. Length of time required to complete project: less than 60 days at specific location given
X In.addition to the completed application form, the following items must be provided:
A. Attach a copy of the deed (with State application only) or other instrument under which applicant
claims title to the affected property. OR if applicant is not claiming to be the owner of said property,
then forward a copy of the deed or other instrument under which the owner claims title plus written
permission from the owner to carry out the project on his land. per P . B. 1277, Pg. 1423
B. Attach an accurate work plat drawn to scale on 8'/5 X 11 " white paper (see instruction booklet for
details). Note: Original drawings preferred . only high quality copies accepted.
C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or.
certified mail or by publication (G.S. 113-229 (d))Enter date served 7177, 1987
D. List names and complete addresses of the riparian landowners with property adjoining applicant's.
Such owners have 30 days in which to submit comments to agencies listed below.
Albert Brinson 318 Shore Point Drive Wilmington, North Carolina 28405
Bayshore Estates, Inc. 322 Shipyard Boulevard Wilmington, North Carolina 2 403
XI. Certification requirement: I certify that to the best of my knowledge, the proposed activity complies
with the State of North Carolinats approved coastal management program and will be conducted in a
manner consistent with such program.
XII. Any permit issued pursuant to this application will allow only the development described in this appli•
cation and plat. Applicants should therefore describe in the application and plat all. anticipated devel.
opment activities, including construction, excavation, filling; and land clearing.
DATE
Apphcant's Si a ure
/I??_r? ` S ? w C f
DaF-82 SEE REVERSE SIDE FORM MAILING INS
Row. 11017111
PLEASE BE SURE THAT: - Both copies as completed
- All blanks are filled In
- You have Op W both copies
if you have any questions please call your reglrnal }held of lm
Mail 12m copy to:
District Engineer
Wilmington District Corps of Engineers
P. O. Box 1890
Wilmington, N. C. 28402
(Note: attach Corps transmittal letter)
Phone: [phone]
AND
Mail one copy to your regional field office as indicated on the map below:
i
From north side of Pamlico Rh!w to Star liins:
Washington Regional Office
Department of Natural Resources and Cornmu pity DrAdopwa t
1502 North Market Street
Washington, N. C. 27889
Phone [phone]
From south side of Pamlico River to Pender/0vWk w County line:
Division of Marine Fisheries
Department of Natural Resources and Community Development
P. O. Box 769
Morehead City, N. C. 28557
Phone [phone]
For Pender, New Hanover and Brunswick Counties:
Wilmington Regional Office
Department of Natural Resources and Community Development
3143 Wrightsville Avenue
Wilmington, N. C. 28403
Phone [phone]
0momw
STATE OF NORTH CAROLINA
BDnj? - PAGE
127 1423
L.
'COUNTY OF NEW HANOVER WARRANTY DEED
rv
N
T
THIS DEED, made this 14 day of January, . 1985, by an:aS
between ELOISE B. HUMPHREY, of New Hanover County, State of North
Carolina, hereinafter referred to as GRANTOR, and BAILEY AND
ASSOCIATES, INC., a North Carolina corporation with its principal
place of business in Onslow County, State of North Carolina,
hereinafter referred to as GRANTEE. 7L. l?l'lL lA C• <,,
j ct c \ Seti ?, ?\ c (1 5 j??
56 WITNESSETH:
THAT the said GRANTOR, for and in consideration of the sum
of ONE HUNDRED ($100.00) DOLLARS and other valuable
considerations to her in hand paid by the said GRANTEE, the
receipt whereof is hereby acknowledged, has given, granted,
bargained and.conveyed, and by these presents does hereby give,
grant, bargain and convey and confirm subject to the terms and
conditions hereof unto the said GRANTEE, its successors and
assigns forever, all that certain lot of land lying and being
in New Hanover County, State of North Carolina, bounded and
described as follows:
Lying and being in Harnett County Township, New Hanover
County:
BEGINNING at a point in the eastern right-of-way line
of Highway #17 said point being located by an old "T"
iron, which said "T" iron is located 920 feet, more or
less, as measured along the eastern right-of-way line
of Highway #17' from its intersection with the
centerline of the Middle Sound Road (S.R. X11403), said
old "T" iron being in the North line of Ogden Place as
recorded in Map Book 2, Page 78, New Hanover County

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I1) 11
WVW'?

PAGE
Boor
1271 1424
Registry; running thence from said beginning point with
and along with-the eastern right-of-way line of Highway
#17, around a curve to the left, to a point a chord of
North 39 degrees 00 minutes East 279.6 feet from said
beginning point; thence along the eastern line of U.S..
Highway 417 North 35 degrees 50 minutes East 91.3 feet
to an old iron pipe, the dividing corner between Tracts
2 and 3 as shown on Map of the B.B. Humphrey lands
prepared by M.H. Lander, C.E., dated February 1, 1955
(also shown on map by M.F. Underwood, R.L.S. and
recorded in Map Book 17, Page 33, New Hanover County
Register); thence along the dividing line between said
lots 2 and 3 South 57 degrees 40 minutes East 1526.8
feet to an iron pipe; thence South 35 degrees 36
minutes West 685.0 feet to a point in the northern line
of Ogden Place; thence along the northern line of Ogden
Place North 46 degrees 00 minutes West 1558.0 feet to
the beginning, the same being designated as Lot #3,
upon the division of B.B. Humphrey sectioned above.
Subject to all rights of way and easements for roads,
highways, utilities and riparian rights as the same may exist of
record or upon the ground.
TO HAVE AND TO HOLD the above granted and described
premises, together with all and singular, the rights, privileges,
easements, tenements and appurtenances thereunto upon the terms
and conditions herein set forth unto GRANTEE, its successors and
assigns.
And the said GRANTOR, for herself, her heirs, executors, and
administrators,.do covenant to and with the said GRANTEE, its
successors and assigns, that it is seized in fee of the above
granted and described premises, and it has good right to sell and
convey the same in fee simple; that the same are free and clear
from any and all encumbrances; and the said GRANTOR does warrant
and defend the title against the lawful claims of all persons
whomsoever.
U-3 STATE oFN - '
•, Rea! Estate=
t e'
R ; Excise Tax
NPRoL.iNA

PAGE
Ba0?` 127 1 425
,IN TESTIMONY WHEREOF, the said GRANTOR has.caused this
r`
Deed to be executed and sealed, all on the day and year first
above written.
STATE OF NORTH CAROLINA
/tin ,(S EA L )
ELOISE" B.- HUMPHREY
COUNTY OF NEW HANOVER
I, &44aon? Z2? g-,*a 0A a Notary Public in and
for the state and county aforesaid, do certify that ELOISE B.
HUMPHREY personally came before me this day and acknowledged the
due execution of the foregoing instrument.
WITNESS my hand and official seal this the day of
January, 1985.
STATE OF NORTH CAROLINA
New Hanover County
The Foregoing Certificate of ......
-Susan
_M._ Cr?en T A ?Iotar3 - - -
S cu e- e- c-------------
is certtfted to be correct.
This the 24 dayof_jan -- 1935
O )
o ary Public -
My Commission Expires: - -
"'141#01f,.,,?or?
c3 T
t
G
i
Rebecca P. Tucket, Register of eeds
v
tw 437 WITTE0 TO .
?p BOOK P1•"
FILE fig).
STATE OF NORTH CAROLINA ` JAN 13 145 IN '1%
I kll: C WM
COUNTY OF NEW HANOVER REGISTRAR
' udEO.•y9fx3,
THIS DEED, made and entered into this 10th dafEj¢'?
a North Carolina corporation
by and between BAYSHORE ESTATES, INC.,
' with its principal office and place of business in New Hanover County,
North Carolina, party of the first part; and ALBERT W. BRINSON and
New Hanover County, North Carolina, parties
, IITCILLE gRINSON, of
wife
of the second part;
W I T N E S S E T Hi
That the said party of the first part, in consideration of TEN
($10.00) DOLLARS and other good and valuable considerations to it paid
by the said parties of the second part, the receipt of which is hereby
acknowledged, has given, granted, bargained and sold, and by these
presents does give, grant, bargain and sell and convey unto the said
parties of the second part, their heirs and assigns, that certain tract,
parcel or lot of land in New Hanover County, North Carolina, bounded .
and described as follows, to-wit:
BEGINNING at a point where the southwestern line of Shore Point `
Drive is intersected by the southeastern line of oyster Drive minut
feet said point pointein thesouthnortheastern37 ShoreeP inttDrive that
co w rte" from a a p
sendlofgascurve1that0is
is south 52 pointeatOthe/southeastern
0 S S 6 T 3 feet from a p. point in
south 47 ded?rees 49-1/2 minutes east 46.05 feet from a p
''DZ said line of said road that is south 32 degrees 10 minutes east
N- 114.0 feet from a point in said line of said road atbthe n6?th
?'a^ western and of said curve, the last mentioned point ,a Dr 22 degrees 42-3/4 minutes east along said line of said road 231.08 .
feet from its intersection ing south 67ndegreese17-1/4nminutes
0 said intersection p g
west along said center line 224.93 feet from a concrete monument
S j,ti at the P.I. of a curve in the center line of shore Point Drive
rir m?u said monument being south 60 degrees 00-1/2 minueminute2west8
feet from a point that is south 29 degrees 59-1/2 shore
!r N N 300.0 foot from a concrete monument in the center lino o Y
Y
c? Drive at the western end of Curve #2 as shoran on the map Ba shore
n' "• 7, Page 71 of the New
t, x (U
Estates, Section 3, recorded in Map Book
Hanover County Registry; running thence from said beginning point
south 52 degrees 01-1/2 minutes east along the southwestern line
of shore Point Drive 110.0 feet; thence south 37 degrees 58-1/2
,? f A149
r ? sz e-0
/oho-l f?
i
?AMF 'r
BOOK x011 I'Ut •1139
minutes west 220.0 feat to a point in Lho center o£ the run of a
small branch; thence up said run of lvxid branch as it moandurv in
a northwesterly direction Lo a point in the southeastern line of
OysLer Drive that. is north 51 degreos 33 minutes west 110.0 feet
from the preceding point; Lhence north 37 degrees 58-1/2 minutes
east along the southeastern lino of. Oyster Drive 219.0 feet to
the point of boginniisl,the name containing 0.53 acre.
l Together with a right of way or easement for ingress and egress over
and across Conch Drive and Shore Point Drive, leading from the above
j described tract to Bayshore Drive, paid Conch Drive and Shore Point
't Drive being 60 foot in width.
Subject to restrictions for Dayshoro Estates, Section 1, recorded
in Book 601, Pago 495 of the Now Hanover County Registry, provided,
however, that no residetcce shall be constructed or located on the
above lot smaller than 1650 square feat of floor space exclusive of
porches, steps, walks, breezeways, carports, garages, etc.
Subject to 1973 taxes.
Together with all and singular, the lands, tenements, easements and
appurtenances thereunto belonging or in anywiso appertaining.
TO [LAVE AND TO fIOLD the aforesaid tract of land and all privileges
and appurtenances thereunto belonging to,the said parties of the second
part, their heirs and assigns, Forever.
And the said party of the first part do.:s covenant that it is seized
- of said premises in fee and has the right to convey the same in fee simple;
that the same is free from encumbrances, except as stated above; and that
it will WARRANT and DEFEND the said title to the same against the lawful
claims of all persons whomsoever.
IN WITNESS WHEREOF, the said party of the first part has caused this
deed to be signed in its corporate name by its President, attested by its
Secretary, and its corporate seal hereto affixed, all the day and year
first above written.
BAYS HO ES INC. cc?'; t\ t1Vo
By ? • ? ? `•? t.?-?
President c; ?J,,? ??.r-3?;
y? La;
secretary.
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MAP OF
AN EXTENSION OF SHORE POINT DRIVE.
BAYSHORE ESTATE S
DEVELOPED BY BAY SHORE ESTATES, I.:NC.
h _t HARNETT TOWNSHIP NEW HANOVER COUNTY,NC.
z SCALE: 1" 200' MAY 1977
a.
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s ? s R s
i x s f HOWARD M LOUGHLIN ti` • `
N C. RLGISTRATION NO 4 7k)
From c 0 U& r
JAN i ?
MW
January 14, 1987 4"13 L STEwAAT AID ASSOCIAJE
Mr. Mike Aldridge, Staff Planner
James & Stewart and Associates, Inc.
P.O. Drawer 976
Jacksonville, NC 28541-0976
RE: Ogden Village Stub-out
Dear Mike:
Attached per your request is a preliminary copy of Bayshore
Estates: Section 6 displaying the stub-out off Shore Point Drive
that adjoins the Ogden Village proposal. A brief examination of
the Bayshore: Section 6 file indicates that it was preliminarily
approved by the Planning Commission in November, 1971. Subsequent
to this time, final-plat approval for section 6 was not received
from the Commission. Research from our Land Records Department
(tax map 44-07) does reveal several lots and astub-out (Oyster
Drive) abutting the Ogden property. It was noted that several of
these lots had been recorded via a metes and bounds description.
Despite these circumstances, our Department will still
require a stub-out connecting with Oyster Drive to facilitate
access in the Ogden, Bayshore and Middle Sound areas. This office
does not foresee at this time any problems with having the-
owner/developer of Ogden Village to realign his portion of the
stub once it is approved.
Should you have questions regarding this situation, please
contact me at 341-7165.
Sincerely,
5. (X. 1&o, I "D
S. A. Burgess
Staff Planner
SAB / te.
Enclosure `^`-?Ey? ?'!`5:t??.vfi?tL ?1?,_-?`?
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