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HomeMy WebLinkAbout19920635 Ver 1_COMPLETE FILE_19920101 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO January 11, 1993 Regulatory Branch Action ID No. 199300607 and State Permit No. 142-92 Mr. Eric S. Warner, Jr., President Winding Creek Development Corporation 417 John S. Mosby Drive Wilmington, North Carolina 28412 Dear Mr. Warner: Reference your application for a Department of the Army permit to construct a pier on Nancy's Creek off the Cape Fear River, Southport, Brunswick County, North Carolina. Your proposal has been reviewed and found to be consistent with the provisions and objectives of general permit No. CESAW-CO80-N-000-0291. Therefore, you may commence construction activity in strict accordance with applicable State authorization and the enclosed plan. Failure to comply with the State authorization or conditions of the general permit could result in civil and/or administrative penalties. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Questions or comments may be addressed to Mr. Rudolph Schiener, Wilmington Field Office, Regulatory Branch, telephone (919) 251-4629. Sincerely, G. Wayne Wright Chief, Regulatory Branch Enclosure L -2- Copies Furnished with enclosure: Director, Atlantic Marine Center National Ocean Service ATTN: MOA 232X1 439 West York Street Norfolk, Virginia 23510-1114 Ms. L. R. (Mike) Gantt U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. John Dorney Water Quality Section D' ision of Environmental Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 U.S. Environmental Protection Agency - Region IV Wetlands Regulatory Unit 345 Courtland Street, N.E. Atlanta, Georgia 30365 Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. Larry Hardy National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 Mr. C. Robert Stroud, Jr. Wilmington Regional Office North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405-3845 F -:_--T -- •86 14:; 0112 Ist -SIJRVEYIM / `\ ?\\ 13 14 `. 27 D 34 ' 33 28 ?EP 21 15 C-- ```Y -32-^? ;.4 1-------- 29 _^--DIIVISION OF COAST?L MANAGEMENT i 31 11 30 SECTION TWO \\` 14 'WALDEN MW `may CSTAYP -Av PRoPo APPROIONATE vlr 4' PIER MEAN N19H WATER JULY. 1912 ? Jr .Jr 1 1.x Jv .y Jr 4 -0.3 ,Ir 7 {-J.9 -1.0 -to ?.? EDGE OF C14ANNEL JULY. 1112 sev w X100, DOCK NANCY' SST / Vic: 2 D m 4010 BRUNSWICK IM MEMEMENEENd SURVEYING, INC xA? ? Thoma6 W. Morgan, R.LS NoT To 1wt o?i op oasrwo" me (FOUND) Routf 4, Box 126-D Sup North Oorollno 28182 (919)842-9392 l $Me WIP 91-NOA MY) p y. 9"0 cm"o RE-0AA (FOUND/ ON • CONOREIE NONUVO" Dock PermN Rot ror Rr m /No PR NAIL sPRrt ? Rom WAL:lM CMEK LWATEO E E dr MAW , sw ODN DIME 11 DAIS IMTWA li owme"tit NORIN Om"A 7-2)-h REED ROOK 241-40 FU NO. 12110 J01 N0. 12-?10 7n r ?. ...... _ - - t?J b.J b.J Sf??T 2 0?' Z =777 77 1 1 1 1 1 1 1 I 1 1 1 1 1 1 I I 1 1 1 1 1 1 I j 1 i ? 1 1 1 i 1 1 1 1 I 1 1 1 1 1 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO December 7, 1992 Regulatory Branch Action ID. 199300607 Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health, and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Dear Mr. Parker: Reference the application of Winding Creek Development Corporation, represented by Mr. Eric S. Warner, Jr., President, for a Department of the Army permit to construct a pier on Nancy's Creek off the Cape Fear River, Southport, Brunswick County, North Carolina. We have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: a. All work authorized by this permit must be performed in strict compliance with the permit plans. b. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. Use of the permitted activity must not interfere with the public's right to free navigation on all navigable waters of the United States. c. The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. Questions or comments may be addressed to Mr. Rudolph Schiener, Wilmington Field Office, Regulatory Branch, telephone (919) 251-4629. Sincerely, G. Wayne Wright Chief, Regulatory Branch V. -2- Copies Furnished: Mr. John Dorney Water Quality Section Division of Environmental Management North, Carolina Department of vironment, Health, and YoNatural Resources st office Box 27687 Raleigh, North Carolina 27611-7687 Mr. C. Robert Stroud, Jr. Wilmington Regional Office North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405-3845 r.. c P,q _ C State of North Carolina Department of Environment, Health, and Natural Resources Division of Coastal Management James G. Martin, Governor William V1.. Cobe-v, Jr., Secretary October 12, 1992 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Mr. A. Preston Howard, P.E., Acting Director Division of Environmental Management Roger N S(_hccter I )ircctor RECEIVED John R. Parker, Chief OCT I n l ys7 Major Permits Processing Section Wilminot n R c , C `irg CAMA/DREDGE & FILL Permit Application Review Walden Creek Development Corporation S.R. 1525, near Southport, Brunswick County Proposed Project: to construct a 1020' x 6' walkway/pier with attached 100' x 6' platform to the waters of Nancy's Creek. The proposed structure will serve as water access for a 26 lot subdivision. Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 30, 1992. If you have any questions regarding the proposed project, please contact Todd Ball at extension 232. When appropriate, in-depth comments with supporting data is requested. REPLY: ?This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNE _ I DATE 1 b A? C artlinal I)ri\c L-m n,ion • \\ dmington Carohna ?x,411; ?h4? • L I(pNw( 19'1) 311= ?IAX) • Ear "tl`+ 2?t1?tMt4 An Equal Optx)rtuwm Attirma me V tuw I mplovcr It 199Q To: John Dorney MN 5 ? Planning Branch-- WEILANUS GROUP DIVISION OF ENVIRONMENTAL MANAGEME WATER UALITY SLCTIQN CAMA MAJOR PERMIT APPLICATION REVIEW REVIEWER: GREGS WQ SUPERVISOR: ADKIN DATE: 11/3/92 WETLAND INFORMATION FOR CENTRAL OFFICE TRACKING PERMIT YR: 92 PERMIT NO.: 92635 COUNTY: Brunswick PROJECT NAME: Winding Creek Development Corporation PROJECT,TYPE: Pier PERMIT TYPE: CAMA COE #: N/A DOT#: N/A RCD FROM CDA: DCM DATE FROM CDA: 10/13/92 REG OFFICE: WiRO RIVER AND SUB BASIN#: 030617 *STREAM OR ADJACENT WATER BODY: Nancey's Creek CLASS: SC Sw HOW STREAM INDEX #: 18-88-1-3 *OPEN OR CLOSED: Closed WL IMPACT: N/A WL TYPE: N/A WL REQUESTED: N/A WL ACR EST: N/A HYDRO CNECT?: N/A WL SCORE: N/A MITIGATION: N/A MITIGATION TYPE: N/A MITIGATION SIZE: N/A RATING SHEET ATTACHED?: N/A RECOMMENDATION: ISSUE STORMWATER PLAN REQ'D: No IF YES, DATE APPROVED: PROJECT DESCRIPTION: The applicant proposes to construct a 1020'.X 6' pier with a 100' X 6' T-head. WATER QUALITY CERT. (401) CERT. REQ'D: No IF YES, TYPE: SEWAGE DISPOSAL TYPE OF DISPOSAL PROPOSED: N/A TO BE PERMITTED BY: N/A IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE: N/A WATER/WETLAND FILL AREA OF FILL: WATER: N/A WETLAND: N/A IS FILL ELIMINATING A SIGNIFICANT USE? N/A DREDGING IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF RESOURCE? N/A IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? N/A MARINA ARE THE FOLLOWING ADEQUATELY ADDRESSED? SEWAGE DISPOSAL: N/A MARINA SERVICES: N/A OXYGEN IN BASIN: N/A CLOSURE OF SHELLFISHING WATERS: N/A (ATTACH A MARINA USE ATTAINABILITY EVAL.) 92635.Nov Page Twi RECOMMENDED CONDITIONS OR PERMIT RESTRICTIONS: That the project be done in such a manner so as to not cause turbidity outside the immediate construction area to exceed 25 NTU. cc: Central Files Wilmington Regional Office Files DCM-Bob Stroud John Parker DIVISION OF COASTAL MANAGEMM • FIELD INVESTIGATION REPORT K . 1. Applicants name Walden Creek Development Corporation 2. Location of project site Off SR 1525, near Southport. adjacent to Nancy's Creek. Brunswick County PHOTO INDX: 1989: n/a 1984: n/a STATE PLANE COORDINATES: X: D/a Y: n/a 3.. Investigation type: Dredge & Fill CAMA X 4. Investigative procedure: (A) Dates of site visit 09/28/92 (B) Was applicant present yes 5. Processing procedure: Application received 09/22/92 Office WiRO 6. Site description: (A) Local Land Use Plan City of Southport Land Classification from LUP Conservation (B) AEC(s) involved: (C) Water dependent: Estuarine Shoreline Public Trust Waters Other Yes X No Other (D) Intended use: Public Private X Commercial (E) Type of waste water treatment: Existing None Planned Individual septic fields (F) Type of structures: Existing none Planned Single-family residences (G) Estimated annual rate of erosion D/a Source n/a 7. Habitat description: (A) Vegetated wetlands: Coastal Wetlands 404 Wetlands (B) Non-vegetated wetlands: Shallow water Habitat (C) Other: Hiah Ground (D) Total Area Disturbed: AREA Dredged Filled other covered 3,030 sq ft 480 sq ft 600 sq ft (E) PRI?MRY NURSERY AREA: YES NO X (F) WATER CLASSIFICATION: SC OPEN: YES Ocean Hazard Coastal Wetlands X Estuarine Waters x 2,610 sq_ft 6.720 sq ft NO X 8. Project Summary The applicant proposes to construct a 10201X6' walkway/pier with attached 1001X6' platform to the waters of Nancy's Creek. The proposed structure will serve as water access for a 26 lot subdivision. M Walden Creek Development Corporation Page Two 9. SITE DESCRIPTION The applicant is currently acting as the authorized agent for the developer/owners of Walden Creek Subdivision, adjacent to Nancy's Creek, near Southport, off SR 1525, Brunswick County. The 26 lot subdivision exists on a high ground finger surronded by an extensive marsh/creek complex. The dominant floral compostion of the high ground portion of the property consists mainly of loblolly pine,. Pinus taeda. The high ground contour transitions to a natural drainage ravine on the NE corner. This area empties into the adjacent marsh complex which embodies Juncus romerianus, with Spartina alternaflora delineating the upland extent of mean high water steming from Nancy's Creek. The man-made features on the tract are limited to that of road installation. The applicant proposes to construct a 1020, S 6, walkway/pier originating at the upland extent of the ravine. The walkway spans 435, to the 404 wetland line, then another 80, to the costal wetland boundary. The remaining 505, crosses the mean high water contour line twice before extending 61 into the waters of Nancy's Creek. A 100, T-platform is proposed parallel to the existing channel. The proposed structure will serve as water access for the entire subdivision. The expansive marsh complex will remain in the current owners name. There appears to be no areas of Archeological/Historical significance in the project area. The adjacent waters are classified SC by the NC Division of Environmental Management. 10. ANTICIPATED IMPACTS The proposed walkway/pier construction will shade approximately 3,030 square feet of coastal wetlands and 480 square feet of designated 1404, wetlands. The platfoom will cover 600 square feet of public trust waters. Localized, short-term turbidity increases will occur due to piling placement. This project could have been authorized by a CAMA General Permit, if it were not for the size of the T-platform and the commercial nature of the project. Submitted by: Todd Ball Date: October 5, 1992 WIRO Please type or print. Carefully describe all anticipated • development activities, including construction, excava- tion, filling, paving, land clearing, and stormwater con- trol. If the requested information is not relevant to your project, write N/A (not applicable). Items 14 and 8-9 must be completed for all projects. 1 APPLICANT a. Name Winding Creek Development Corporation Address 417 John S. Mosby Dr. City Wilmington State NC tip 28412 Dayphone 919-457-5011 Landowner or Authorized agent If you plan to build a marina, also complete and artach Form DCM-MP-2. b. Is the proposed activity maintenance of an existing project, new work, or both? New work c. Will the project be for community, private, or commercial use? Private community d. Describe the planned use of the project Boat day dock for subdivision landowners b. Projectname Cif any) Walden Creek Estates C. 4 LAND AND WATER If ?cta'snam?e and not the ss?do rj `? CHARACTERISTICS Bertram M. Burris, Jr. Size of entire tract 129 + 726 Saranac Dr. SF2 S 1992 Sunnyvale, CA 97087 b. Size of individual lot(s) 0.5 ac. - nnnGinH nr Elevation of tract above mean sea level or COASTAL MANAGEME T National Geodetic Vertical Datum 2 LOCATION OF PROPOSED Up to 25' N V D PROJECT d. Soil type(s) and texture(s) of tract Sandy a. Suet address or secondary road number C. Vegetation on tract S R 1529 Wooded b. City, to Am, community, or landmark f. Man-made features now on tract Streets and City water Near Southport C. County Brunswick d, is proposed work within city limits or planning jurisdiction? No e. Name of body of water nearest project Nancy's Creek 3 DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT g. What is the CAMA Land Use Plan Classification of the site? (Consult the local land use plan.) Conservation Transitional Developed Community Rural X Other (industrial) b. How is the tract zoned by local government? n /a i. How are adjacent waters classified? SC - swamp a. Describe all development activities you propose (for j example, building a home, motel, marina, bulkhead, Or Pier). Pier with dock from Sect; on nne _ Walden Creek Estates to Nancy's Creek Has a professional archaeological survey been carried out for the tract? no If so, by whom? 12189 • 5 UPLAND DEVELOPMENT Complete this section if the project includes any land development. a. Type and number of buildings, facilities, or sncturtsproposcd n/a b? C. m. Water supply source n/a n. If the project is oceanfront development, describe eps that will be taken to maintain established Number of lots or parcels n /a beach accessways or provide new access. - ?u Density (Give the number of residential ItS?and the units per acre.) n/a 1992 d. Sits of area to be graded or disturbed DIVISION gF aroject is on the oceanfront, what will be the n/a e.,,?? 6T^ -nn n n_iAGE6'?n above mean sea level of the first habitable _ fl 0 n/a e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? n/a If applicable, has a stormwater management plan been submitted to the Division of Environmental Management? n/a f. Give the percentage of the tract within 75 feet of mean high water to be covered by impermeable surfaces, such as pavement, building's, rooftops. n/a g. List the materials, such as marl, paver stone, asphalt, or concrete, to be used for paved surfaces. n/a - h i. Describe proposed sewage disposal and/or waste water treatment facilities. n /a j. Have these facilities received state or local approval? n/a k. Describe existing treatment facilities. n/a 1. Describe location and type of discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down").. n/a 00 6 EXCAVATION AND FILL INFORMATION a. Describe below the purpose of proposed excavation Cr fill activities (excluding bulkheads, which are covered in Section 7). n/a Length Width Depth Access channel (MLW) or (NWL) Boat basin Other (break- water, pier, boat ramp, rock jetty) Fill placed in wetland or below Nei W Upland fill areas b. Amount of material to be excavated from below water level in cubic yards n/a c. Type of material n/a d. Does the area to be excavated include marshland, 2 swamps, or other wetlands . n/a e. High ground excavation, in cubic yards n/a 12Fy • L Dimenuions of spoil disposal area n/a 11. Loation of spoil disposal area n/a e. Shoreline Erosion during preceding 12 months, in feet n a d. Type of bulkhead material n/a e. Amount of fill, to cubic yards, to be placed below h Do you claim title to the disposal area? n/a tmean high water n/a- If not, aza:.h a letter granting permission from the n/a owner. L Type of fill material 1. Will a disposal area be available forfvtt ?cr 1 F maintenance? n / a If to,wbem? DDITIONAL INFORMATION J. Does the disposal area include any mars.41W, 3 1992 In addition to the completed application form, the follow- swamps, or water areas? ing items must be submintd: L Will the fill material be placed befo?jt hiWJ'AGEiijQy of the deed (with state application only) or other water? n/a inst,-um= under which the applicant claims title to the L Amount of fill in cubic yards n/a affected property. If the applicant is not claiming to be the owner of said property, then forward a copy of the m. 'type of fill material n/a deed or other instrument under which the owner claims •, title, plus written permission from the owner to carry out n Source of fill material n/a the project. D.B. 172-169 o. Will fill material be placed on marsh or other wetlands? n/a An accurate work plat (including plan view and cross sectional drawings) drawn to scale in black ink on an 8 p. Dimensions of the wetland to be filled 112 x 11 white paper. (Refer to Coastal Resources n/a Commission Rule 73.0203 for a detailed description.) q. How will excavated or fill material be kept on site please note that original drawin s are referred and g p and erosion controlled? n/a only high quality copies will be accepted. Blue-line prints or other larger plats are acceptable only if 21 tugh quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's r. What type of construction equipment will be used use of larger drawings.) A site or location map is a pan (for example, dragline, backhoe, or hydraulic of plat requirements and it must be sufficiently detailed dredge)? n/a to guide agency personnel unfamiliar with the area to the site. Include county road (SR) numbers, landmarks, and s. Will wetlands be crossed in transporting equipment the like. to project site? n/a If yes, explain steps that will be taken to lessen environmental impacts. A stormwater management plan, if applicable, that may have been developed in consultation with the Division of Environmental Management. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners. These individuals have 3,0 days in which to submit comments 7 SHORELINE STABILIZATION on the proposed project to the Division of Coastal Mvagement and should be advised by the applicant of a. Length of bullhead or riprap n/a that opportunity. b. Average distance waterward of mean high weer or , motmalwater level n/a 3 12/89 Name Address 1 Pfizer, Inc. $ Richard Benson Specialty Chemical Group 235 E. 42nd St. New York New York 10017-5755 9 CERTIFICATION AND PERMISSION TO ENTER ON LAND Name (amarnn (mm?an?v T.i mi tP? per+nor?hi p Any permit issued in response to this application will Addrtss P . 0. Box 3649 allow only the development described in the applicx?on, Wilmington, NC 28406 The project will be subject to conditions and restrictions contained in the permit Name Address A list of previous state or federal permits issued for work on the project tract Include permit numbers, permittee, and issuing dates. 1. Sedimentation & Erosion Control 2. Stormwater Management: Project No. 910803 $250.00 A check for $100 made payable to the Department of Environment , Health & Natural Resources to cover the costs of processing the application. A signed AEC hazard notice for projects in oceanfront and inlet art:as. A statement on the use of public funds. If the project involves the expenditure of public funds, attach a state- ment documenting compliance with the North Carolina Environmental Policy Act (N.C.G.S. 113A-1 to 10). I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's ap- proved Coastal Management Program and will be con- ducted in a manner consistent with such program. I further certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of project This is the ? day of ,19?? x Landowner or uthonzed agent Dever oQr?.?? Coo c ?; a,^ S E P 1992 DIVISION OF COASTAL MANAGEMENT 12,89 4 i PIER X-SECTION l NOT TO SCALE _ - 1 - - - - 4,-0, 2' X 6' CAP 4- X 4' 2 X 4' RAILING POST 2' X 6' DECKING 2' X 6' HEADER 6' X 6 I ?C? 1? X 4' PILING SEP s 1992 PIER ELEVATION DIVISION OF NOT TO SCALE COASTAL MANAGEMENT s 13 14 t \ i -' "-- Q311 27 i 34 1 C: i / 15 33 I, tA i 28 11 29 \\ ?? 77 32 ?` ? it i /' 31 'I 30 I SECTION TWO ,'WALDEN CREEK ?X ESTAI7s ' ------------ i ,rr ZO 1.9 Jr ` vlr PROPOS APPRO)OMATE -A- 4' PIER MEAN HIGH WATER JULY, 1992 "?' K7 y{t ,ir Jr 2 v{v N -0.7 +_3.9 1 -1.0 ; 2,5 2. -0.e 4_3.3 EDGE OF CHANNEL -0.4 JULY, 1992 PROPOSED +-2.2 NANCY' S CREEK BR G X100' DOCK SEP 3 1992 DIVISION OF COASTAL h/ANAGEMENT too 0 200 400 BRUNSWICK IA. ,. _?,, ,E E, SURVEYING, INC Thomas W. Morgan, R.L.S VICINITY YAP , LECUFD: Route 4, Box 128-D Nor l0 SCALE oP o EXISTING IRON PIPE (FOUND) Supply, NoFth Corolino 28462 (919)842-9392 NRBO NEw RE-BAR (SET) ERGO EXISTING RE-BAR (FOUND) CM • CONCRETE MONUMENT Dock Permit Plot For PK O PK NAIL R/R0 RAIL ROAD 9WE WALDEN CREEK E8TA1E8 . ?TERLtNE ??T TOWNSHIP COUNTY STATE DATE 4 750UWIORTw `?! SMITHNLLE BRUNS7r1CK NORTH CAROLINA 7-27-92 ,4?R4h tT??'" FIELD BOOK 241-40 FILE N0. 92110 JOB NO. 92-110 w Jy --- RUE _ t BOOB RAGE ?? c ?. R11 'd` f ,. Z, DATE 1 1GZ - M}iv?w?.o.New.rr Otto- r 11 i M .. 'RE IST Df. DEEO .NORTH CAROLINA-DRUNSW7C'K COUNTY. THIS DEED, M j. this Ind flay of Ilacoab.r . A. D. ig 6] by John A. Tilley and w(fs, It, Lout.. Tillty. Itpa Leeks •Ceutey east out. W Florida ?• hartr•n M. tarries, Sr, and wife, Su.l. M. Writes, of the Mt park to W are n.vlck Couaty and stale of Korth Csnl lrr of the aeooed pant WITNESSETH,That Yp Partlus of the first part, L,• I - , M Ten not lore (510,00) sod Other Valuable Cons ldentlona con.pentlee of '1t? a r 7 to thes pop by said parties of it. ¦cconJ part, 140 receipt of which 6 breby Y?aowl.dy.d• be we ?arplmd lad sop, sad by them pr«eala do i.s sell std convey to said parties of the second pare, their lens[. bagol4 heirs and amigo., a certain tract r parcel of land In Snlthvl l la T.,,,, 21une.ick rhlakM ?h.-kwedr•p- p. / County, State of North Carolina goof •ahos sad bauadd m follows, w6: h:>rINHUIC •t • polnt at the nor N,ern rJ;,e of the dirt rood load log fYo¦ II1Rhuay Ito, N7 t o the old IA ;•r dom. h,.nv On,a a porn[ uhcra she a ld Illghusy crosses the run of 4Ll springs Creskl rune thence (rare a id beginning polo[ In d wat.rly Jl r " eef ion alum;{ northern ddgu of said road to a stake In the he Icon Mstthevs Iles t ruro the nee .1,h Bald Ilns Louth IS degrees east about SSO Lest to • suout gun, a e- Berner of Kelton Ilathrvs snJ C. J• I'cevtut 1 thanou erda vlth the kolton It.s w,e line the (ollwlry{ saunas and dlatane.al north e9 1/i deg r efs st 9Y feet, • d d cad d c cede[ south l05 dagrtca a•st lh7 feet, a pool{ South 495 JrDre•s vest 764 lea, • p«tl southou175 deguas vest 1i6 teat, • pooh thence south 78 ](i dig tees vest 7h3 feet to a I1Ch tuood stake In a wire fence in '///sass the hanbe rder li g ne[ the ate vltM1 te lion bc r e r flog south ]1 dirra•s cut 1)S.S free to a long last pltr{ tl.•ne• south 715 gre es vest SOB feet tho the run of P-cy-a Creek thenca• dam t!.e run of -:8ncyi C,.,sk plc and.s to the woutb of tri,lte Sprln-• CreeLl tlutme up the st. run Of !Ihite Sprlq;s Creek as It nn nJert co the CLr:1nd, eontalnln:; 173 acres, core or loss - , Thla dead to mde aub!eet Onx to • Sa[ety eene to the V. S. Cwerreoent on spproxiertely i acres of the •bws duac Abed ,rope rty leeated on the extrwv eastern part tSartof, heiry; the fact lands as conveyed by L. J. Prwatts and ulI., to John A. '(play snJ wi(o, by decd dated tectober 11, 1954, recorded In hook 100, page 777, in tl.e `• office of the Cct;lster u[ U-Is of Arun-ick County, North Carolina, as corrected by died of correction from E. J. yrevattr and ul(e, lament ea D. prevatte, to Jdm A• 1'1lley and ul[e, M. Lou Le 7YUey, dated :Iwc?ber o, 1956, - and du l; flI [or reeordinJ on eovm%ber 79, 1967, In eh. office of said Crg Uter of Ueeds. / TO HAVE AND TO HOLD 0, .1.. neon[ or tesucel of land, sad all privileges and app rusuinm thersto ba"iring, to - I?IGl II?'/ W parties of thou second part, choir v {•?L•1 v and lalgas• to their mly uY wid behoo( forever. ' EPl Asa the ma parties of ttw tint port, F. . for tl.eu "1.9 sad t D1V1S10? Or their Mtn, executors aced administrators, «eemat with sold parties of the second pare, their ASTAL MA(VAGEMEN?,? r hates and assigns, that are right b 'r^ Preml.ta lo f« a.d ?. ere emw « elm «ttad DI Yp Y V I ft that the some an fr« sad clear from all iocumbranow sad that they do hereby forever warrant &W wlU forever defend lM said tiW to the same agoleat the eWm• of ail psi whomsoever, •ub;oct to the safa•ty easersent •bwe referenced. r IN TESTIMONY WHEREOF, the mid parties of the first part V we hereunto eat their hand a sad seal • the day sad yoor Mat above wrRba i,- Attest: ' , I, + Revenue atsm•:: 511,00 -.2--Lout ..... sc Ttllcy 1 i' _________________________istal) --------------------------------- ^------ ».... ...... ................................................ ISta!) i -------------••-----_---•-•-_.•---'-••-••••••°•••---- •-----...__..._....._..._.. _. _ ISeap ............... . STATE OF.Mdow.Ce1dGUWA ...._... u•_Ie ............... ..... ...__.._.-000NTY. .......... Matterfsr_ ..._____- I, ? C'0.] ......:-Css,pK 'Nenby tertUy that l , .dorm at-'ill l_Y _._d.+'?tJ? :t.Loul?c:illla'Yy_....___.we& ........................ ? •hY-wW, personally appeared L•lorv me this day and •ckaorladged the dart tiecutloa of lice annexed Deed of Cwer.yanua / Witoem my hand sad teotarW seal. this ._.Ub------ day of..... gfF!Mter...».... »..»............ A. D. 196 ... IH. P. SEAL) 11y eommimlen e1plna_-.!------- WhV ft IW.M ............... Notary Public STATE OF NORTH CAROLINA, BRUNSWICK COUNTY. The foregoing certificate of__.?.!Iclan-AJ.4•tcn- y a Notary Public of----------- UI,--------------------County, State of North CarMOM. Is ad)udsd to be correct. LAI i the instrument, with tics crtiscalm, be ng4tcrst Witoa•1 my hand and official seal. ------- day of...._A. D. 19 67 __. ' ._........+)?? fit. ?l.O1.n!..... _.._., Clark of Superior Court. •? Filed for res,stratlue oa the --_- It..... day of ..... Df5SjAti.._., 19. ??.. at..l7J 43 ----- o'clack.._ Et_.M, and ngis- ' tared in the office of the Reg6ler of Doeds for Bruxewlrk Cousty. N. C, I. Isle -----ry-»--day of... .................... 19...., r .? at ................ O'clock ..... hf, INBook................. af Dreda, oa la ( -j-AA 1 Rvgblrr of Dow" i Bfansoick County. '[,o'lio` •.I .... . ...._. _ . ... - ... _ ,.......?........._ - , .. ....__..._._ ,.-.........-......_...? 1 .. # erg ?I • w _ . t _46/ 1792 ---15: 27 -- - ---ElRU"SW I CK SURUEY 1 NG W2 A, 14 , ^j-34rr1 I; 27 1 33 28 ?EP 21 1492, ;-4 NVISION OF 32 29C0ASTkL MANAGEMENT JI 31 SECnON TWO 'WALDEN OREEK ESTAT?B -air 4 4R?ER \,C -M YofIQGH WATER ? Jr ,?Y , ? ? vfv .ry 'dip L 0.1 4_. EDGE OF CHANNEL -0.1 r JULY, 1112 -o.] 5 'P5V• a' X100 DON r-i? N Y AN :o0 0 *00 400 BRUNSWICK bummoommumd WALE 1. _,,, ? SURVEYINt3, INC Thomas W, Morgon. R.L.S ncwn MAP ucwD: Route 4, Box 129-0 NOT 70 KAU DP o cx1s,INo IRON PPE (FOUND) Supply. North Carolina 20462 (919)842-9392 RR9o N911 RC-/AR (9[T) Poo 0 81M0 RE-9AR (FOUND) R ON • CONCRETE MONVMCNI Dcc* Permit Plot ror PK o PK NAIL A/IIO RAL ROAD SPWt WALDEN CHEEK MATTES UNE tlr NOAH i0 bYeP OOUW-ft 91A11! DATE 971Ywmy il/li`rNlLl w11JYf9R1pt N097M 1:AROLMA 7-77-e /Y RELD sooK mo-10 FILL NO 92110 49 N0. 92-110 DIVISION OF COASTAL MANAGEMENT %S D FIELD INVESTIGATION REPORT V?' 1AJD/NG 1. Applicant's name Wa±derr Creek Development Corporation 2. Location of project site Off SR 1525, near Southport adjacent to Nancy's Creek, PHOTO INDX: 1989: n/a 1984: STATE PLANE COORDINATES: X: n/a Y: n, 3. Investigation type: Dredge & Fill CAMA R 4. Investigative procedure: (A) Dates of site visit 09, '"`'U ,)t UN (B) Was applicant present yes 5. processing procedure: Application received 09/22/92 Office WiRO 6. site description: (A) Local Land Use Plan City of Southport Land Classification from LUP Conservation (B) AEC(s) involved: ocean Hazard Estuarine Shoreline Coastal Wetlands X Public Trust Waters X Estuarine Waters Other (C) Water dependent: Yes X . No Other (D) Intended use: Public Private X Commercial (E) Type of waste water treatment: Existing None Planned Individual septic fields (F) Type of structures: Existing none Planned Single-family residences _ (G) Estimated annual rate of erosion n/a Source n/a 7. Habitat description: AREA Dredged Filled Other (A) Vegetated wetlands: covered Coastal Wetlands 3,030 sq ft 404 Wetlands 480 sg ft (B) Non-vegetated wetlands: Shallow water Habitat 600 sq ft (C) Other: High Ground 2.610 sq ft (D) Total Area Disturbed: 6,720 sq ft (E) PRIMARY NURSERY AREA: YES NO X (F) WATER CLASSIFICATION: SC OPEN: YES NO X 8. Project Summary The applicant proposes to construct a 10201X6' walkway/pier with attached 1001X6' platform to the waters of Nancy's Creek. The proposed structure will serve as water access for a 26 lot subdivision. s Walden Creek Development Corporation Page Two 9. SITE DESCRIPTION The applicant is currently acting as the authorized agent for the developer/owners of Walden Creek Subdivision, adjacent to Nancy's Creek, near Southport, off SR 1525, Brunswick County. The 26 lot subdivision exists on a high ground finger surronded by an extensive marsh/creek complex. The dominant floral compostion of the high ground portion of the property consists mainly of loblolly pine, Pinus taeda. The high ground contour transitions to a natural drainage ravine on the NE corner. This area empties into the adjacent marsh complex which embodies Juncus romerianus, with Spartina alternaflora delineating the upland extent of mean high water stewing from Nancy's Creek. The man-made features on the tract are limited to that of road installation. The applicant proposes to construct a 1020, X 61 walkway/pier originating at the upland extent of the ravine. The walkway spans 4351 to the 404 wetland line, then another 80l to the costal wetland boundary. The remaining 505, crosses the mean high water contour line twice before extending 61 into the waters of Nancy's Creek. A 1001 T-platform is proposed parallel to the existing channel. The proposed structure will serve as water access for the entire subdivision. The expansive marsh complex will remain in the current owners name. There appears to be no areas of Archeological/Historical significance in the project area. The adjacent waters are classified SC by the NC Division of Environmental Management. 10. ANTICIPATED IMPACTS The proposed walkway/pier construction will shade approximately 3,030 square feet of coastal wetlands and 480 square feet of designated 1404, wetlands. The platfrom will cover 600 square feet of public trust waters. Localized, short-term turbidity increases will occur due to piling placement. This project could have been authorized by a CAMA General Permit, if it were not for the size of the T-platform and the commercial nature of the project. Submitted by: Todd Ball Date: October 5, 1992 WIRO `l describe all anticipated easa?type or print. Care y • development activities, ' ding construction, excava- tion, filling, paving, land earing, and stormwater con- trol. If the requested information is not relevant to your project, write N/A (not applicable). Items 14 and 8.9 must be completed for all projects. 1 APPLICANT a. Name Winding Creek Development Corporation Address 417 John S. Mosby Dr. City Wilmington State NC Zip 28412 Dayphone 919-457-5011 Landowner or ? Authorized agent b. Project name Of any) Walden Creek Estates If you plan to build a marina, also complete and attach Form DCM-MP-2. b. Is the proposed activity maintenance of an existing project, new woric, or both? New work c. 'Jill the project be for community, private, or commercial use? - Private community d_ Describe the planned use of the project Boat day dock for subdivision landowners • ?--, ?, ?,? 4 LAND AND WA I hK un' c. If the applicant is not the Lando wrt y' a tSize ARACTERISTICS owrrcr's name and address. i ? Bertram M Burris, Jr. pf entiretract 129 726 Saranac Dr. SFR $ 199'I + Sunnyvale, CA 97087 b. Size of individual lot(s) 0.5 ac. - "494GH nr c Elevation of tract above mean sea level or COAML MANAGEMENT National Geodetic Vertical Datum 2 LOCATION OF PROPOSED Up to 25' N G V D PROJECT . d. Soil type(s) and texture(s) of tract Sandy a. Street address or secondary road number e, Vegetation on tract c R 1925 Wooded b. City,to%Am, community, or landmark f. Man-made features now on tact Streets and City water Near Southport ` C. County Brunswick g. What is the CAMA Land Use Plan Classification of the site? (Consult the local land use plan.) d. Is proposed work within city limits or planning jurisdiction? No e. Name of body of waterneamst project Nancy's Creek 3 DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. Describe all development activities you propose (for example, building a home, motel, marina, bulkhead, or pier). Pier with dock from Section One, Walden Creek Estates to Nanny's Creek Conservation Transitional Developed Community Rural X Other (industrial) h. How is the tract zoned by local government? n/a i. How arc adjacent waters classified? SC - swamp j. Has a professional archaeological survey been carried out for the tract? no If so, by whom? 1289 I 5 UPLAND DE LOPMENT Complete this section if the project includes any land development. a. Type and number of buildings, facilities, or M. Water supply source n/a structurosproposed n/a n. If the project is oceanfront development, describe cps that will be taken to maintain established b. Plumber of lots or parcels n/a beach accessways or provide new access. c. Density (Give the number of residential t and the units per acre.) n/a 199E d. Size of area to be graded or disturbed DIVISION )d! If Merojtct is on the oceanfront, what will be the n/a ^ g: ^ 6 Ma?AGE? n above mean sea level of the first habitable e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? n/a flooo n/a 6 EXCAVATION AND FILL INFORMATION f. Give the percentage of the tract within 75 feet of mean high water to be covered by impermeable surfaces, such as pavement, building's, rooftops. n/a g. List the materials, such as marl, paver stone, asphalt, or concrete, to be used for paved surfaces. n/a h. If applicable, has a stormwater management plan been submitted to the Division of Enviro=iental Management? n/a i. Describe proposed sewage disposal and/or waste water treatment facilities. n/a j. Have these facilities received state or local approval7 n/a k. Describe existing treatment facilities. n/a 1. Describe location and type of discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrialfcommercial effluent, "wash down").. n/a 2 a. Describe below the purpose of proposed excavation or fill wivities (excluding bulkheads, which are covered in Section 7). n/a Access channel (LW) or (NWL) Boat bast Other (break- water, pier, boat ramp, rock jett),) Fill placed in wetland or below YIHW Upland fill areas Length Width Depth b. Amount of material to be excavated from below water level in cubic yards n/a c. Type of material n/a - d. Does the area to be excavated include marshland, swamps, or other wetlands? n/a e. High ground excavation, in cubic yards n/a 12,59 • Dimensions of spoiA=posal area e. Shoreline fmsion during preceding 12 months, in n a n/a feet iq. Location of spoil disposal area n/a d. Type of bulkhead material n/a e. Amount of fill, in cubic yards, to be placed below h Do you claim title to the disposal area? n/a mean high water n/a• If not, astach a letter granting permission from the f Type of fill material n/a Owner. L Will a disposal area be available f maintenance? n/a 17 If so, where? k ' 1 DDITIONAL INFORMATION j. Does the disposal area include any marsl IgM, 8 1492 In addition to the completed application form, the follow- swamps, or water areas7 tng items must be submitted: n/a nr k. Will the fill material be placed be?A4iiW,_NAGEMJ,4Jpy of the deed (with state application only) or other W=rl? n/a instrument under which the applicant claims title to the n/a affected property. If the applicant is not claiming to be L Amount of fill in cubic yards the owner of said property, then forward a copy of the m. Type of fill material n/a deed or other instrument under which the owner claims •, title, plus written permission from the owner to carry out n Source of fill material n/a the project. D.B. 172-169 o. Will fill material be placed on marsh or other / accurate work plat (including plan view and cross a wetlands? n sectional drawings) drawn to scale in black ink on an 8 p. Dimensions of the wetland to be filled 112 x 11 white paper. (Refer to Coastal Resources n/a Commission Rule 7J.0203 for a detailed description.) +q: How will excavated or fill material be kept on site please note that original drawings arc preferred and and erosion controlled? n/a only high quality copies will be accepted. Blue-line prints or other larger plats are acceptable only if 21 tiigh quality copies are provided by applicant (Contact the U.S. Army Corps of Engineers regarding that agency's r. What type of construction equipment will be used use of larger drawings.) A site or location map is a part (for example, dragline, backhoe, or hydraulic of plat requirements and it must be sufficiently detailed dredge)? n/a to guide agency personnel unfamiliar with the area to the site. Include county road (SR) numbers, landmarks, and s. Will wetlands be crossed in transporting equipment the like. to project site? n/a If yes, explain steps that will be taken to lessen environmental impacts. A rtorrmv 2ter management plan, if applicable, that may have been developed in consultation with the Division of Environmental Management. A list of the names and complete addresses of the adjacent waterfront (riparian) Landowners. These tndividuals have 30 days in which to submit comments 7 SHORELINE STABILIZATION - an the proposed project to the Division of Coastal Management and should be advised by the applicant of L Length of bulkhead or riprap n/a that opportunity. b. Average distance waterward of mean high water or , normal water level n/a 12A9 3 .4 Name Pfizer, Address is enson Specia_ hemical Group 235 E. 42nd St. 8 CERTIFICATION AND PERMISSION TO ENTER ON LAND New York, New York 10017-5755 _ Any permit issued in resporue to this application willAddress Cameo ox 3649 p allow only the development described in the application. P. .4 Wilmington, NC 28406 The project will be subject to conditions and restrictions contained in the permit Name* Address A list of previous state or federal permits issued for work on the project tract Include permit numbers, permittee, and issuing dates. 1, Sedimentation & Erosion Control 2. Sto`rmwater Management: Project No. 910803 $250.00 A check for $100 made payable to the Department of Environment, Health & Natural Resources to cover the costs of processing the application. A signed AEC hazard notice for projects in oceanfront and inlet areas. A statement on the use of public funds. If the project involves the expenditure of public funds, attach a state- ment documenting compliance with the North Carolina Environmental Policy Act (N.C.G.S. 113A-1 to 10). I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's ap- proved Coastal Management Program and will be con- ducted in a manner consistent with such program. I further certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of project -? This is the Lday of x X1.?c? , Landowner or uthonzed agent n Crp DeveloQcr?? ?,?o ??; a,^ SEP 3 1999 DIVISION OF COASTAL MANAGEMENT 12,89 ??,1a.?92 l s, 2v -SURUEY I t4G ,( 11 14 13 27 r 34 it It ) , ?uTulD -?-~? 33 1 1 28 $EP 21 1442; 15 1 , -----);-4 T D?tIVISION OF 32 2 COAST L MANAGEMENT ,iv -A? ) ?? 31 111 30 ` r_J r SEC-1710N TWO „Irl //WALDEN GREEK o IL ESTAT S ?; `? A UD -_ PR OP O APPRO)O W ATE -Ail 4' PIER LIEAH HIGH WATER JULY, 1992 4- jk 2 -0.7 +-3.$ t 0•$ 4-17 EDGE OF CHANNEL _o y PROPOSED JULY, 1002 CREW ?6°`' O -o.a NANCY 1 +-LT 5 1J ?1 . /a?is?y? 200 0 200 400 BRUNSWICK • SURVEYINS, 'NC ?A? , _p? ow Thomas W. Morgan, R.L.S ncwrr NAP NOT to SCAU ttOP1D: Route 4, Box 128-D Do o NRpO E10s11N9 ,RON Pet (FOUND) NE11 RE-0AR (ji? Supply, North Carolina 26462 (919 842-9394 (lllm CYISTMNO RE-BM (FO.IND) CM A CONCRETE MONUMENT Dock Permit Plot rOr " n/Ro ROAD VICE RL WAL.DE!N C-MEEK I!STATES J CVWT UNE Y MARSH 10 SMP I COU STATE DAIS QfT?IOtTx Swt"LLE BIItAtt'MCK NORTH CARDLINA 7-21-$2 R > -110 NO 1 FIELD e: . $2 oK 241-40 FILL N0. $2119 J00 Ter o -. - 1+ ' it ? 11 ? • 6Y ?;€? y ^?- C t .y ` rill; E $ sin JA 5 "! 5 .W SaaYra ;VIE M t ° p ail L, Ld x? 0 < :iE s?i,? g3 .C??kr•tl . ?.? ?_ / -nor Lr Q Q «?hro J Li co tS;tt;±±??55?kpoqb'?2S u sJ i x ? ? L1? t r 7 ? l Z , I LL x :. •, t Vin / K s diiJ ? G R H • x , e H fi ?3 2 ? ? W `a a?r ! iQ?{ OAS W ?$ S a? Isola Z !? r `. « W a I • r ? iK a j ?? I i S '! - ri D e I I I 1 I I 1 I I 1 ! 1 I 1 I I 1 1 1 I I I 1 1 I I I I 1 I I I t 1 1 I 1 I I I I I 1 I 1 1 1 I I e? bJ bJ 8? -D'