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HomeMy WebLinkAbout20190431 Ver 1_CAMA Application_20190403NORTH CAROLINA Environmental Quality April 3, 2019 MEMORANDUM: ROY COOPER Governor MICHAEL S. REGAN Secretary FROM: Courtney Spears, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Fax: 910-395-3964 (Courier 04-16-33) courtney.spears(CDncdenr.goy SUBJECT: CAMA Application Review Applicant: Michael Jackson BRAXTON DAVIS Director, Division of Coastal Management Project Location: 1833 Avalon Ave., adjacent to Myrtle Grove Sound /AIWW, in Wilmington, New Hanover County Proposed Project: Construction of a new private 6 -slip docking facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Spears at the address above by April 27, 2019. If you have any questions regarding the proposed project, contact Patrick Amico at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. PRINT NAME AGENCY SIGNATURE DATE 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. State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 2. 4. 5. 7 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Michael and Royanna Jackson, c/o LMG Andy Dortch — 1833 Avalon Ave LOCATION OF PROJECT SITE: 1833 Avalon Avenue, off Myrtle Grove Road, adjacent to the Atlantic Intracoastal Waterway and Myrtle Grove Sound, New Hanover Co. Photo Index -1995: 21-245: 13-N, O, P Latitude: 34.1189290N, Longitude: -77.874058°W INVESTIGATION TYPE: CAMA INVESTIGATIVE PROCEDURE: Dates of Site Visit — 3/28/2019 Was Applicant Present — No PROCESSING PROCEDURE: Application Received —3/18/19 (complete) Office — Wilmington SITE DESCRIPTION: (A) Local Land Use Plan — New Hanover County Land Classification From LUP — Developed (High Ground) Conservation (Open Water) (B) AEC(s) Involved: PTA, EW, CW Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing — Municipal Planned — NA (F) Type of Structures: Existing —Single family residence Planned — private docking facility (G) Estimated Annual Rate of Erosion: N/A Source - N/A HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (shading impact) 3,960 ft2 (B) Non -Vegetated Wetlands (Open water) 2851.5 ft2 (C) Other— High Ground 270 ft2 (D) Total Area Disturbed: 7,081.5 ft2 (0.162 acres) (E) Primary Nursery Area: Yes (F) Water Classification: SA Open: Yes 8. PROJECT SUMMARY: The applicant is proposing a new private docking facility (6 slips). 1833 Avalon Avenue, Michael and Royanna Jackson Page Two 9. PROJECT DESCRIPTION The project site is located at 1833 Avalon Avenue, adjacent to Masonboro Sound and the Atlantic Intracoastal Waterway (AIWW) in New Hanover County. To locate the project site from the Wilmington Regional Office (WiRO), travel South on Masonboro Loop road until you reach Myrtle Grove Road, and take a left onto Myrtle Grove road. Travel approximately one mile south and take a left onto Avalon Avenue. Follow the road around a curve to the right, and then another curve to the left, and the property will be located at the end of the road on the right. The project site is bounded by residential development to the north, and undeveloped county property to the south. The parcel is approximately 4.61 acres. On the property, there are two sections to be considered shoreline, at normal high water, due to the parcel including a high ground hammock. The applicant states that the 'northernmost' shoreline is 328' long, and the 'southernmost' shoreline is 456' long. Elevation at the site averages approximately 8'-9' above normal high water (NHW) on the high ground (western portion) and 0'-2' above normal high water (NHW) on the wetland portion (eastern portion). On the western portion of the property there is a single family residence and driveway. The high ground portion of the property has a canopy consisting of a mix of Live Oak (Quercus virginiana), Laurel Oak (Quercus laurifolia) and various species of pine trees. The understory vegetation includes Greenbriar (Smilax auriculata) and Wax Myrtle (Myrica cerifera), and other native grasses. Transitional species are found along the ecotone between high ground and high elevation salt marsh including Seaside Golden Rod (Solidago sempervirens L.), Sea Oxeye (Borrichia frutescens), Marsh Elder (Iva frutescens) and Grounsel-bush (Baccharus halimifolia). The high elevation salt marsh on the property includes Black Needle Rush (Juncus roemarianus) and Salt Meadow Grass (Spartina patens). The lower elevation areas of the salt marsh include Smooth Cordgrass (Spartina alterniflora), Sea Lavender (Limonium carolinianum), and Spike Grass (Distichlis spicata). The New Hanover County Land Use Plan classifies the area in the vicinity of the project area as developed. It is located in a VE Flood Zone. The waters in the project area (Masonboro Sound) are classified as SA by the N.C. Division of Water Resources. They are designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries, and they are open to the harvest of shellfish in the immediate vicinity, but closed to the north and south of the project location. PROPOSED PROJECT The applicant is proposing a new private docking facility (6 slips). The proposed docking facility would extend waterward towards Myrtle Grove Sound from the northeastern side of the parcel. The proposed docking facility includes a fixed pier that measures approximately 850' in length by 6' in width. The proposed fixed pier spans 790' from its landward origin in a south east direction, and then turns slightly further south-southeast for the remaining 60' span towards the water. The proposed pier then lands on a covered 18' by 18' gazebo. On the waterward side of the proposed gazebo, the applicant is proposing a 65' long by 6' wide fixed access dock, extending to the south from the gazebo. The proposed fixed access dock would include three separate 30' long by 4' wide finger piers, perpendicular to the access dock, extending waterward towards the AIWW. Each of the three proposed finger piers would include a 12.5' by 12.5' boat lift on the northern side and southern side of each finger, forming the 6 slips proposed by the applicant. 1833 Avalon Avenue, Michael and Royanna Jackson Page Three The application states existing water depths of -2.0 @ MLW along the landward side of the fixed 65' access dock, and ranges from -2.0'@ MLW to -2.3' @ MLW along the proposed location of the boat lifts. 10. ANTICIPATED IMPACTS As proposed, this docking facility would result in the incorporation of approximately 6,811.5 ft2 of Public Trust Area and Estuarine Waters. The access pier and platform would shade roughly 3,960 ft2 of vegetated wetlands, and 2,851.5 ft2 of open water. As the facility is proposed, at its point of furthest extension the proposed structures would be compliant with the X width rule, constructed 11' landward of the %width rule limit. As proposed, the facility would also be constructed approximately 24' landward of the existing Federal AIWW channel setback. As proposed, the facility would not encroach into the adjacent 15' riparian corridor setback from properties on both the northern and southern borders. The proposed pier would be approximately 85' away from the private docking facility to the north, and over 575' away from the private docking facility to the south. The application states that the facility would accommodate 6 vessels total. With relatively shallow water depths (-2.0' to -2.3 MLW) reported by the applicant in the area that would be utilized for the slips, this limited depth could create potential for propwash and kicking affecting the benthic ecological community and fishery at periods of low tide. There appear to be no SAV present in the project area. Minor increases in turbidity should be expected during project construction. Submitted by: Patrick Amico Date: March 29, 2019 Office: Wilmington 3. DCM MP -1 Section 6.0 Additional Information 3.1 Section 6. a. Project Narrative The project is located at 1833 Avalon Avenue, off Myrtle Grove Road in New Hanover County. According to the New Hanover County tax card, the property is 4.61 acres in size and zoned R-15. The legal description of the property is LT27 INDIAN COVE & ADJ TRACT on the New Hanover County Tax Card (PARID 7908-006-001-000). There is an approximate 2,600 square foot single residence located on the western portion of the property that was constructed in 2014. The property is currently owned by Michael H and Royhanna P Jackson. The applicant is proposing to construct a fixed access pier measuring 850' in length and 6' in width, fixed access dock measuring 65' in length and 6' in width, 18' x 18' covered gazebo, and three fixed finger piers measuring 30' in length and 4' in width that would accommodate six boat lifts. The fixed piers and gazebo would be constructed greater than or equal to 3' above all wetlands. Water depths at the proposed project area were surveyed to Class A standards by Clifford A Wagner, PLS of SurveyOne, PLLC on November 19, 2018. The Vertical Datum for the survey is NAV88 = MLW — 2.4' and the Horizontal Datum is NAD 83 (2011). Water depths in the proposed project area of the boat lift slips have been surveyed at -2' to -2.3' MLW. Typical marine construction methodologies will be used for the pier, gazebo, and boat lift as determined by the contractor. Surface waters in the project area are classified as SA, ORW and the area is PNA. There is no upland development proposed. See Appendix A for details. There are two adjacent riparian landowners. Mr. Bruce Jackson currently owns the adjacent property located to the north of the project area at 1821 Avalon Avenue, parcel ID R07908-005-006-000. The adjacent property to the north contains one residential building and one outbuilding. The adjacent property also contains a fixed pier that is approximately 770' in length and 6' in width that extends to the Intracoastal Waterway. An 18' x 18' covered gazebo, two approximately 25' in length and 4' in width floating docks, and one boat lift are located at the end of the fixed pier. The gazebo and one of the floating docks are located approximately 67' to the north of the proposed construction at 1833 Avalon Avenue. The County of New Hanover currently owns the adjacent property to the south of the project area at 1831 Indian Cove Avenue, parcel ID R07912-001-001-003. There are no buildings located on the adjacent property to the south. There is a fixed pier that is approximately 220' in length and 6' in width, and a wooden bulkhead that is approximately 200' in length located on the western portion of the property. There is no Intracoastal Waterway access and there are no additional structures located on the adjacent property to the south. LAMA Permit Application for Major Development — March 2019 1833 Avalon Avenue New Hanover County, North Carolina RECEIVED MAR 18 2019 DCM WILMINGTON, NC 0 1. Form DCM-MP-1 APPLICATION for Major Development Permit (last revised 12/27/06) North Carolina DIVISION OF r0ASTAl RIIAniAconncr.IT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) NA 1833 Avalon Avenue Applicant 1: First Name MI Last Name Michael H Jackson Applicant 2: First Name MI Last Name Royanna P Jackson If additional applicants, please attach an additional pages) with names listed. Mailing Address PC Box City State 1833 Avalon Avenue Wilmington NC ZIP Country Phone No. FAX No. 28409 USA 910-508-2518 NA Street Address (if different from above) City State ZIP NA Phone No. 1 Email michaelandroyanna@yahoo.com 2. Agent/Contractor Information Business Name Land Management Group Agent/ Contractor 1: First Name MI Last Name Greg Finch Agent/ Contractor 2: First Name MI Last Name Andy Dortch Mailing Address PC Box City 3805 Wrightsville Avenue, Suite 15 Wilmington �NC ZIP Phone No. 1 Phone No. 2 28403 910-452-0001 ext. NA NA ext. NA FAX No. Contractor # NA NA Street Address (if different from above) City State NA ZIP Email gfinch@lmgroup.net; adortch@lmgroup.net a miviA rermit Application for Major Development — March 2019 1833 Avalon Avenue New Hanover County, North Carolina or—r•CIVCI'1 klAk 18 2019 1 DC:M WILMINGTON, NC 3. Project Location County (can be multiple) Street Address State Rd. # New Hanover 1833 Avalon Avenue NA Subdivision Name City State Zip NA Wilmington �NC 28409 Phone No. Lot No.(s) (if many, attach additional page with list) NA NA a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project White Oak AIWW c. Is the water body identified in (b) above, natural or manmade? d. Name the closest majorwater body to the proposed project site. ❑Natural EManmade ❑Unknown AIWW e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed EYes [--]No work falls within. New Hanover County 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 358' and 456' at NHW 4.6 +/- acres c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NA NWL (normal water level) (If many lot sizes, please attach additional page with a list) 4 ENHW or ❑NWL e. Vegetation on tract Typical marsh species, lawn grasses and trees and shrubs. f. Man-made features and uses now on tract Single family residence and access drive. g. Identify and describe the existing land uses adiacent to the proposed project site. Residential. h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? R-15 (Attach zoning compliance certificate, if applicable) EYes ❑No [INA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ENo k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ENo ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a National ❑Yes ENo ❑NA Register listed or eligible property? EIVED LAMA Permit Application for Major Development —March 2019 1833 Avalon Avenue MAR 18 2019 New Hanover County, North Carolina Z DCM WILMINGTON, NC m. (i) Are there wetlands on the site? ®Yes ❑No (ii) Are there coastal wetlands on the site? ®Yes [:]No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? NYes ❑No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Municipal o. Describe existing drinking water supply source. Municipal p. Describe existing storm water management or treatment systems. None 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Government ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The purpose of the project is to construct a residential docking facility c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Typical pier and dock construction methodology. d. List all development activities you propose. Residential pier and docking facility. e. Are the proposed activities maintenance of an existing project, new work, or both? New f. What is the approximate total disturbed land area resulting from the proposed project? 0 ❑Sq.Ft or NAcres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes NNo []NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. No new discharges. i. Will wastewater or stormwater be discharged into a wetland? -No new discharges ❑Yes NNo ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes [-]No NNA j. Is there any mitigation proposed? ❑Yes NNo ❑NA If yes, attach a mitigation proposal. CAMA Permit Application for Major Development — March 2019 1833 Avalon Avenue MAR 1 8 2019 New Hanover County, North Carolina 3 DCM WILMINGTON, NC 6. Additional Information In addition to this completed application form, (MP -1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (p are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Bruce Jackson Phone No. NA Address 1821 Avalon Avenue, Wilmington, INC 28409 Name New Hanover County Phone No. NA Address 230 Government Center Drive, #190, Wilmington, INC 28403 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 1 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow project will be subject to the conditions and restrictions contained in the permit. described in the application. The I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date: 3/18/2019 P ' Name: Andy Dortch, Agent, Land Management Group, Inc. Signature Please indicate application attachments pertaining to your proposed project. ❑DCM MP -2 Excavation and Fill Information ❑DCM MP -5 Bridges and Culverts ❑DCM MP -3 Upland Development ®DCM MP -4 Structures Information LAMA Permit Application for Major Development — March 2019 1833 Avalon Avenue New Hanover County, North Carolina RECEIVED I DCM WILMIN%aT©N, NC 2. Form DCM MP -4 Structures (Construction within Public Trust Areas) 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: ❑Commercial ❑Publio/Government ®Private/Community c. (i) Dock(s) and/or pier(s) (ii) Number 2 (1 fixed access pier and dock) (iii) Length 850' and 65' (iv) Width 6 (v) Floating ❑Yes ®No e. (i) Are Platforms included? ®Yes [--]No If yes: (ii) Number 1 Covered Gazebo (iii) Length 18' (iv) Width 18' (v) Floating ❑Yes ®No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed 6 (ii) Number of slips existing 0 i. Check the proposed type of siting: ❑ Land cut and access channel ❑Open water; dredging for basin and/or channel ®Open water; no dredging required ❑Other; please describe: k. Typical boat length: 25' m. (i) Will the facility have tie pilings? []Yes ®No (ii) If yes number of tie pilings? CAMA Permit Application for Major Development — March 2019 1833 Avalon Avenue New Hanover County, North Carolina ❑This section not applicable b. (i) Will the facility be open to the general public? [-]Yes ®No d. (i) Are Finger Piers included? ®Yes ❑No If yes: (ii) Number 3 (iii) Length 30' (iv) Width 4' (v) Floating []Yes ®No f. (i) Are Boatlifts included? ®Yes ❑No If yes: (ii) Number 6 (iii) Length 12.5' (iv) Width 12.5' h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies ® Dockage ('Wet slips') only, number of slips: 6 lift slips ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). Mixed types I. (i) Will the facility be open to the general public? []Yes ®No RECEIVED MAR 1 $ 2015 5 6?F.AA V1Y6LiN4?�Y4VC5f,,+ 2. DOCKING FACILITY/MARINA OPERATIONS ®This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: ; Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. C. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge' signs proposed. One at northern end of docking facility. (ii) Give the location and number of "Pumpout Available' signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake' signs proposed. i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? m. Is the marina/docking facility proposed within a primary or secondary nursery area? []Yes ❑No n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes []No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV [_]SB ❑WL ❑None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes [-]No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. RECEIVED LAMA Permit Application for Major Development — March 2019 1833 Avalon Avenue P;l-k 8 2019 New Hanover County, North Carolina 6 mMI wili tdimW(Ni" N'o 3. BOATHOUSE (including covered lifts) 0This section not applicable a. (i) Is the boathouse structure(s): [--]Commercial ❑Public/Government ❑Private/Community (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. 14. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP -2, Excavation and Fill.) 0This section not applicable a. (i) Number (ii) Length (iii) Width 15. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable a. Length c. Maximum distance beyond NHW, NWL or wetlands b. Average distance from NHW, NWL, or wetlands 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): ❑Commercial ❑Public/Government ❑Private/Community c. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing _ CAMA Permit Application for Major Development — March 2019 1833 Avalon Avenue New Hanover County, North Carolina b. Number d. Description of buoy (color, inscription, size, anchor, etc.) RECEIVED MAR 18 2019 7 DCM WILMINGTON, NC 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines b. The proposed 6' wide fixed pier would be located approximately 21 feet from the adjacent riparian property boundary located to the north. The proposed 6' wide fixed pier would be located approximately 108 feet from the adjacent riparian property boundary located to the south. Note: For buoy or mooring piling, use arc of swing including length of vessel. C. Width of water body —725' e. (i) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. NA Proximity of structure(s) to adjacent docking facilities. There is an 18x18' covered fixed pier gazebo, (2) 4' wide floating docks, 6' wide fixed pier, and one dry boat storage lift located greater than or equal to approximately 67' to the north of proposed structures. There are no adjacent docking facilities located to the south of proposed structures. d. Water depth at waterward end of structure at NLW or NWL - 2.1' to -2.3'MLW 8. OTHER ®This section not applicable a. Give complete description: 3/18/19 Date 1833 Avalon Avenue Project Name Michael and Royanna Jackson , Agent, Land Management Group, Inc. LAMA Permit Application for Major Development — March 2019 1833 Avalon Avenue New Hanover County, North Carolina RECEIVED DCM W 4.AINOTON, NO IIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII II 2014008600 iFOR NERMMYTTHEUSOHRBEASS LER OF DEED' 2014 NAPR v 10 1118 - PNPM BK 6807 PG 1649-1658 FEE $26.88 DOCUMENT QUITCLAIM DEED OF GIFT AND SUBORDINATION AGREEMENT GRANTORS 1) BRUCE H JACKSON, JR 2) BRANCH BANKING & TRUST COMPANY 3) PNC BANK S/B/M TO RBC CENTURA BANK GRANTEE 1) MICHAEL H JACKSON 2) ROYANNA P JACKSON PREPARED BY AND RETURNED TALARK, NEWTON & EVANS, PA RETURN TO RECEIVED MAR 18 2019 DCM WILMINGTON, NC Prepared by and Return to: DESC: If checked, the Clark, Newton & Evans, P.A. PIN: property Includes the primary 509 Princess St g -l. -0- residence of at least one of Wilmington, NO 28401 the parties dented as Grantor 910-762-8743 (NCGS §106-517.2) NORTH CAROLINA QUITCLAIM DEED OF GIFT AND SUBORDINATION AGREEMENT COUNTY OF NEW HANOVER THIS DEED AND SUBORDINATION AGREEMENT, made effective as of the stday of March, 2014, by and between BRUCE H. JACKSON, JR., a Free Trader purkant to document recorded in Book 3007 at Page 407, New Hanover County Registry, whose mailing address is P.O Box 1407, Wihnington, NC 28402 ("Grantor") and MICHAEL H. JACKSON and wife, ROYANNA P. JACKSON, (collectively, "Grantee', whose mailing address is 205-A P Ave., Kure Beach, NC 28449. The designations 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 WHEREAS, Grantor desires to make a valuable gift of real property to Grantee; and WHEREAS, the subject real property is in two tracts, Tract 1 (a tract of land deeded outright hereby) and Tract 2 (an easement over a tract owned by Grantor), as set forth on Exhibit A hereto; and WHEREAS, Tract 1 is a parcel and certain other rights appurtenant thereto, which is/are subject to a deed of trust in favor of Branch Banking & Trust Company, as is recorded in Book 5330, page 2590, New Hanover County Registry (the "Tract 1 Mortgage"); and RECEIVED MAR 18 2019 DCM WILMINGTON, NC WHEREAS, Tract 2 is an easement over land owned by Grantor which is also subject to a deed of trust in favor of Branch Banking & Trust Company, assignee from Dover Mortgage Company, as recorded in Book 4618, page 804, New Hanover County Registry (the "Tract 2 Fust Mortgage"); and WHEREAS, Tract 2 is also subject to an equity line deed of trust in favor of RBC Centura Bank, its successors and/or assigns, as recorded in Book 4880 at Page 3603, et seq., New Hanover County Registry (the "Tract 2 Second Mortgage"); and WHEREAS, the holder(s) of the Tract 2 First Mortgage and the holder(s) of the Tract 2 Second Mortgage have each agreed to subordinate the lien of the said respective Tract 2 First Mortgage and Tract 2 Second Mortgage to the instant Quitclaim Deed of Gift, such that this Quitclaim Deed of Gift shall be superior in priority to that Tract 2 First Mortgage and Tract 2 Second Mortgage; NOW THEREFORE, WITNESSETH: THAT for love, affection and other good and valuable consideration, receipt and sufficiency of which are hereby acknowledged, Grantor has bargained and sold, and by these presents does hereby bargain, sell, convey, remise, release, and forever quitclaim unto Grantee, and Grantee's heirs or successors and assigns, all right, title, claim, and interest of Grantor, if any, in and to those certain two tracts or parcels of land in the County of New Hanover, and State of North Carolina, more particularly described as Tract 1 and Tract 2 as set forth on EXIIIBIT A hereto. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple, and together with and subject to all property taxes, easements and other matters of record, if any AND FURTHER, that as evidenced by its consent below, the holder of the Tract 2 First Mortgage has agreed to and hereby does subordinate the lien of the Tract 2 First Mortgage to the instant Quitclaim Deed of Craft, such that this Quitclaim Deed of Gift shall be superior in priority to the lien of the Tract 2 First Mortgage; AND FURTHER, that as evidenced by its consent below, the holder of the Tract 2 Second Mortgage has agreed to and hereby does subordinate the lien of the Tract 2 Second Mortgage to the instant Quitclaim Deed of Gift, such that this Quitclaim Deed of Gift shall be superior in priority to the lien of the Tract 2 Second Mortgage; IN WITNESS WHEREOF, the Grantor has caused this instrument to be signed in the manner prescribed by law, as of the day and year fust above written. BRUCE H. JACKj%0N, JR. A Free Trader RECEIVED MAR 18 2019 DCM WILMINGTON, NC WE CONSENT: Branch Banking & Trust Company Mortgage Beneficiary ofTract2 First Mortgage By: MRn.ui Its A V P PNC Bank S/B/M to RBC Centura Bank Mortgage Beneficiary of Tract 2 Second Mortgage By v Its• V`; re NEW HANOVER COUNTY, NORTH CAROLINA I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: BRUCE H. JACKSON, JR. Date• 20 EIAS/ / Notary Public y PUBLIC =\ / Notary's Printed or Typed Name ,�y comm or:xpires: RECEIVED MAR 18 2019 DCM WILMINGTON, NC COUNTY STATE OF 44d CAROLINA I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated- MAYSUA L- plidAttki RV P of Branch Banking & Trust Compare . Date. :]� 120 1 q Notary Public tOFFICIAL SGALJ 'Notary's Printed or Typed Name My commission expires: I Zti — 21 CWYSTAL A WATKINS Notary Public • slate of south Cerohne My Canr"M W" 41"WOK M2021 RECEIVED MAR 18 2019 DCM WILMINGTON, NC If a 4d 6W A COUNTY STATE OF r,,q / ( I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing, doc�iment for the purpose stated therein and in the capacity indicated ,yi a c/ H 'y AN (/ of PNC Bank BS M� to RBC Venwra Bank Date: _ 2p i Notary Public lclhl•I( ISI SI-Al j Z�IeI6 _ Nius Notary's Printed or Typed Name My commission expires /lj„�,. t !� o?d/� RICIA E GENIUSZ Public, State of 0h10 ;ommiswon Expres March 12, 2016 RECEIVED MAR 1 A 2019 DCM WILMINGTON, NC TRACT (Description of Tract Being Deeded Outright) Beginning at a point in the northern line of Ind,tan Cove Acres Subdivision, as shown on the map of the same recorded in Map Book 6 at Page 45 of the New Hanover County Registry, that is South 63 degress 36 minutes 00 seconds East, along said line, 827.34 feet from a point in the eastern right-of-way lino of the Myrtle Grove Loop Road, S.R. # 1492, 60.00 foot right-of-way; running thence, from the point of beginning, South 43 degrees 26 minutes 59 seconds East 80.58 feet to a point; thence, South 31 degrees 02 minutes 02 seconds East 52.00 feet to a point; thence, South 26 degrees 20 minutes 50 seconds East 45.93 feet to a point; thence, South 43 deg- rees 44 minutes 09 seconds East 46.88 feet to a point; thence, South 43 degrees 35 ginutes 33 seconds East 48.74 feet to a point; thence, South 29 degrees 32 minutes 17 seconds East 33.82 feet to a point in the western line of Lot 24 of Ind1An Cove Acres; thence, North 39 degrees 04 minutes 00 seconds East, with said line, 61.60 feet to the northwestern corner of Lot 25 of said division; thence, South 63 degrees 36 minutes 00 seconds East, with the northeastern linea of Lots 25 and 26 of said division, 192.36 feet to a point; thence, South 26 degrees 24 minutes 00 seconds Nest 200.00 feet to a point in the southwestern line of said Lot 26• thence, South 63 degrees 36 minutes 00 seconds East 190.00 fest to the southeastern corner of Lot 27 of said division; thence, North 26 degrees 24 minutes 00 sec- onds East, with the southeastern line of said Lat 27, 140.'00 feet to a point; thence, South 63 degrees 36 minutes 00 seconds East 864.40 feet to a point in the western edge of Myrtle Grove Sound; thence, Northeastwardly, with the edge of the sound, to 4 point in the north- ern line of Indian Cove Acres Subdivision, said point being North 32 decrees 09 minutes 22 seconds East 133.68 feet from the preceeding point; thence, North 63 degrees 36 minutes 00 seconds West, with the northern line of Indian Cove Acres, 1947.80 foot to the point of beginning, containing 4,504 acres, the same being a portion of the tract of land conveyed to Gerald $. Evans end wife PeDgy J. Evans by deed recorded in Book 1098 at Page 199 of the New Hanover County Registry, (Tract 1 Description continued on following page) RECEIVED MAR 18 2019 DCM WILMINGTON, NC Together with an easement for the gooses of inpross# sores* and repress, from the ■astern lin* of �t 24, Indian Cow Ac168es referenced hwaln above, to the eastern right-Of.way Alms of the Myrtle oGrove Loop Road, the sass Ming 0010 fully OesoMbsd es flioe* Bsolnning at the Point of intersection or the nuthun line at Indian Cove Act" Subdivision as shown on the AaQ or the 88011raoerdW in Map Bogle 4 4t Pop 45 or the New mangy County Registry, with the eastern elgh"t-bay line of the "Is Crow loop fid, S.U. i 1492, 60.00 fest right-orssrr, said beginning point Oeing ells northwestern corner of Lot 13 or 0a1d subdlvislani running thee0a,from the point of beoinal►g, South 63 door*" M minutes 00 seopwb aest, with the northem 11" of sold subdivislon, U7.314 tat to s go t; thwoo• South 43 d• 26 shutes 39 sn"de Cost 40.56 tat to a polati thence, $s 31 door*" 02 minutes 02 aft 01 Cast $2.00 tut to a polnti themo0, South 26 doom" 26 minutes 90 seconds East 43,93 test to a point: thenos, South 41 44 minutes 0P second* east 46.09 fat to a point$ theme South i3 de "I 35 afiwto4 33 "mends Gat #0.74 fat to a ppDint; theme, South 29 degrees 32 minutes 17 $1000%• test 33.62 test to m point to too unto" line at Lot 24 of Indian Cow Acres$ t"nass South 3! degrees 04 minutes 00 second* West, with the western line of Lot 249 21.44 test to 0 point! thaw:so Worth 29 04gre*$ 32 minutes 00 fe ands West 79.19 feet to • point; thence Worth 43 tls0sses 35 minutes 33 seoonde West 46.24 felt te•a 11191411 thence, North 43 depseu 44 minutes 09 $soon& West 49.92 fest to e point{ thence, North 26 ds0ro" 20 minutes 50 MOW$ Wet 44.14 fast to a point$ th""o North 31 SooQn" of minutes Or seconds West 49.02 feet to a point; theme North 34 degro" Of .lout&. Of $soonde Wast s5.05 root to * point; thence, North 61 degrees M minutes 00 seconds vast 150.00 teat to • Point$ %hone., North adegrees 49 minutes 22 seconds vast 100.02 foot to a points thence, -North 63 dope" M min• utoo 0o *•condo Wast 2"927 tut to a pointy theme, North 63 degrees M minutes 00 ascends Wet 316,09 root to 0 Point in the eestorn rioht•of-way line of the Myrtle Grow Leap Road$ thenoe North 17 deo. roes 04 miowtes 00 see•nde test, with SW line, 25.34 fast to the point of beginning. The same being all those lands located at 1713 and 1718 Indian Cove Avenue and having Tax ID numbers R07908-005-021-000 and R07908-006-001-000, and being the same lands described in instrument recorded in Book 2633 at Page 369, New Hanover County Registry, together with and subject to a right of way for access, ingress, egress and regress over Avalon Avenue, a 30 foot public right of way as the same is shown on a map of Avalon recorded in Map Book 3, Page 13, New Hanover County Registry. ALL THE FOREGOING TOGETHER WITH a nonexclusive grant of use of, and right to connect to, that sewer line running between the intersection of Avalon Avenue and Windy Hills Drive, and Tract 1, to serve Tract 1 and its residential sub -tracts, and further together with and subject to all easements of record. RECEIVED MAR 18 2()19 DCM WILMINGTON, NO "930M (Description of Easement) Being a 6' wide nonexclusive residential easement over the following described tract, and serving the owners of Tract 1, their heirs, successors and assigns, the purpose of which easement is for ingress, egress and regress by the owners of Tract 1, their heirs, successors and assigns in Tract 1, from Tract 1 to the mean high water mark of the Atlantic Intracoastal Waterway, and any dock and/or pier structure located thereon All of Lot 5 in Avalon Subdivision as the same is shown on map recorded in Map Book 3 at Page 13 in the New Hanover County Registry, TOGETHER WITH any and all land lying immediately eastward of the above described lot between an eastward extension of the northern and southern lot lines and extending to the waters of the Intra Coastal Waterway, and being the same lands described in the deed recorded in Book 1905 at Page 494 in said Registry. The said 6' wide easement is more specifically described below, and as follows: Beginning at a point in the southern line of the above referenced Lot 5 and the northern line of another tract of land conveyed to Bruce Jackson, Jr. as recorded in deed book 2633 page 369 of said Registry, said beginning point being located South 64 degrees 05 minutes 00 seconds East 556.67 feet from the southwestern corner of said Lot 5 Avalon at the terminus of Avalon Avenue (right of way width varies), said beginning point marking the centerline of a "6 FOOT WIDE PEDESTRIAN EASEMENT"' described as follows: running thence from the point of beginning as described, along, and on three (3) feet on either side of such centerline, North 25 degrees 15 minutes 21 seconds East 87.26 feet to a point; thence such easement continues South 64 degrees 08 minutes 17 seconds East 355 feet more or less to the mean high water line of the Atlantic Intracoastal Waterway. The foregoing easement shall allow use by pedestrian traffic, bicycles, electric golf carts and such trailers and carts as are necessary to pull and transport small boats from Tract 1 to the mean high water mark of the Atlantic Intracoastal Waterway, but shall not allow use by motor vehicles powered by internal combustion engines RECEIVED MAR 18 2019 DCM WILMINGTON, NC �w xl-o �Tr: Tammy Theusch Beasley Register of Deeds New Hanover County, INC Electronically Recorded 2015 Jan 13 09:11 AM RE Excise Tax:$0.00 Book: 5862 Page: 260 Fee: $26.00 Instrument Number: 2015000852 Non -Standard Fee: $0.00 Prepared by and Return to: DESC: Easement, Indian Cove Area �V If checked, the Clark, Newton & Evans, P.A. PIN: Part of R07908-006-001-000 property includes the primary 509 Princess Street, Wilmington, residence of at least one of the NC 28401 parties defined as Grantor (NCCS c 910.762.8743 §105-317.2) Co Without Title Search, Opinion, 2 or Tax Advice 0 N STATE OF NORTH CAROLINA DEED OF EASEMENT COUNTY OF NEW HANOVER THIS DEED OF EASEMENT, made and entered into this the 8th day of January, 2015, by and between MICHAEL H. JACKSON and wife, ROYANNA P. JACKSON, individual residents of North Carolina with a mailing address at 1833 Avalon Avenue, Wilmington, N.C. 28409, ("Grantor") and CAPE FEAR PUBLIC UTILITY AUTHORITY, a North Carolina a body corporate and politic of the State of North Carolina created pursuant to Chapter 162A, Article 1 of the North Carolina General Statutes, with an address at 235 Government Center Drive, Wilmington, N.C. 28403, its successors and assigns, ("Grantee") (Grantor and Grantee together, the "Parties"). The designations Grantor and Grantee as used herein, shall include singular, plural, masculine, feminine, or neuter as required by context. WITNESSETH: THAT WHEREAS, Grantor is the owner of a certain tract of real property received by Deed recorded in Book 5807, Page 1649, New Hanover County Registry, the description of which is incorporated herein by reference ("Grantor Tract"), which tract is also indicated on Exhibit A hereto by the Owners' names thereon, and wishes to grant to Grantee certain easement rights over a part thereof as indicated on such Exhibit A by a 20' x 20' square on which the letter, "S" is encircled, as more fully described below; and WHEREAS, Grantee wishes to have the said easement rights; RECEIVED MAR 18 2019 DCM WILMINGTON, NC Submitted electronically by CFPUA Engineering in complimnce with Nortln Carolina statutes governing recordable doctmtents and the terms of the submitter agreement with the New Hanover County Register of Deeds. NOW THEREFORE, for TEN DOLLARS ($10) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor grants to Grantee a perpetual easement over the part of the Grantor Tract described below (the "Easement Tract") for the purposes of installation, maintenance and replacement of plumbing and sewer fixtures and facilities, to include, without limitation, sewer lines and manholes, such Easement Tract described as follows: Beginning at a point in thi westernmost corner of Lot 5, Aval 51, Page 27, both New Hanover Beginning South, 26 degrees 24 1 North, 63 degrees 36 minutes 00 degrees, 24 minutes, 00 seconds Avalon Avenue. Running thence a eastern line of Avalon Avenue, where the same intersects the m on Myrtle Grove Sound, Map Book 3, Page 13, and Map Book :,ounty, the POINT OF BEGINNING. Running from such Point of linutes 00 seconds West, a distance of 20 feet. Running thence seconds West, a distance of 20 feet. Running thence North, 26 East a distance of 20 feet to a point in the southern terminus of Ong the southern terminus of Avalon Avenue a distance of 20 feet to the Point of Beginning, all of the same defining a 20 foot x 20 foot square as the Easement Area, and being the same square defined by the words, "Permanent Easement" 20' X 20" on Exhibit A hereto, containing an encircled letter "S." This easement shall touch, concern and run with the subject land, and benefit the heirs, successors and assigns of the Grantee. TO HAVE AND TO HOLD the said easement, together with all rights, privileges, and appurtenances thereunto belonging; IN WITNESS WHEREOF, the undersigned Grantors have jointly and severally executed this instrument in the manner prescribed by law, as of the day and year first above written. GRANTOR: MICHAEL H. JACKSON By: % %%✓– ✓C �y-ozu (signature) (title) ROYANNA P. JACKSON By: IAV- LA ,M s' nature) (title) NEW HANOVER COUNTY, NORTH CAROLINA certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily sigt\ ned the foregoing document for the purpose stated therein an in the capacity indicated: %i C,4u.&i U IMh Date: ¢ nen _ V201 5 tPublic [Ol-FlCit�t_ SIAL; a !v� �� t/ N t—arry'A Printed or Type lV6-7VED My commission expires: / I – _ Vfissa M Mawr NeNotary Hanover County MAR 1 R 2019 L North Carolina DCM WILMINGTON, NC NEW HANOVER COUNTY, NORTH CAROLINA I certify that the following acknowledging to me that he or she therein and!'!n the capacity indicated: Date: �I(UgVAlnn (OFFICIAL SEAL] My commission expires: person(s) personally appeared before me this day, each oluntarily signed the foregoing document for the purpose stated RECEIVED MAR 1 8 ?.019 DCM WILMINGTON, NC a� Gu'Z Su <O -n 900 a =a a b d a N C s o a Es$ �� s g m i g O T_ Ay 1 `d maa' Af I ZT— 'v mSY w r Acl Arta�o� Oc�io�l Np� N4�Z CoA s I / NWC Ii ij megS oma' I Ja� y ONQ �m Vg al '(�PWXUS) (PUSUC RIGGHHTVOF WAY -VARIES) T AVALON NM 800K 3 PAGE 13 21H B a L ATL4NTIC &TRACO ST`� WAIPKWAY a AM S� m p Y �D��� o D m m v Z �O A A m T y m< Zooms C3 0'<O mo>cn mvo= -n m m � �m o X N S� EEI ED All S 2019 8M 6ILMIN TON, NC NM ay m p Y �D��� o D m m v Z �O A A m T y m< Zooms C3 0'<O mo>cn mvo= -n m m � �m o X N S� EEI ED All S 2019 8M 6ILMIN TON, NC tw \�40. 41_ lb575' AEC 75' COD WETLAND LINE T COASTAL WET' Arvin I G % New Hanover County Government Center Dr. #190 Wilmington, NC 28403 nl� Bruce Jackson 1821 Avalon Ave Wilmington, NC 28409 NHW LINE ) PROPERTY BOLINARY 4 / r � i � l i i l i I 721/29 i l i USACE NAVIGATION CHANNEL AND SETE 7, 8 46 i 9 OUTER MARSH EDGE Notes: 1) Water Depths completed by Survey 2) Vertical Datum is MLW. (NAVD88 = 3) Horizontal Datum is NAD 83 (2011) 4) No search for easements or other 5) Wetlands shown hereon per ACE I sketch. Location is approximate ti 6) Tax Parcels from NHC GIS 7) 2016 Aerial from NCONEMAP 8) Not a Surveyed or Engineered Dram 9) For Environmental Permitting Only PROPERTY BOUNDARY ' i I / / % I / � I i / / ' i I / / % I 850'x 6' ACCESS PIER /' IF i I / / RIPARIAN CORRIDOR (PROPERTY LIN EXTENSION PER PERMIT#150-96) x- 2 x-2.1/ ' xe2.0 /' ,r x 18 x 18 COVERED GAZEBO (ROOFLINE) u X-1.0 x- . a x-2. \ ' 65' x 6' FIXED ACCESS DOCK J � _ x-1.9 x-2. 30'x 4' FIXED FINGER PIER M 5 the PUL4)n 11/19/18 ONE QUARTER WATERBODY WIDTH,— (O cumbrances of record was performed. �l _ termination letter SAW -2017-01530 and accompying / an approved survey is completed. % J l- x-4.2 I l %/ 15 i / iI % I � i /I! x-3.2 i � x-4.0 USACE NAV' IGATION � / CHANNEL' USACE 80' SETBACK RECEIVED / MAR 18 2019 / LMG LAND MANAGEMMMT GROUP z wwyt .m 3805 Wrightsville Ave, Suite 15 Tilminoton. North Carolina 28401 1833 Avalon Avenue 12121/18 3/6/19 Swle: Job Number V=30' LMG17.188 Dock Detail Orawn By: Sheet Number: GSF 2of5 OUTER MARSH EDGE 7j fi ' ti� 12.50 q 18.00 18.00 6.00 4.00 -30.60 ONE QUARTER WATERBODY WIDTH PROPERTY BOUNDARY NOTES: 1. TAX PARCELS FROM NHC GIS. 2. 2016 AERIAL FROM NCONEMAP. 3. NOT A SURVEYED OR ENGINEERED DRAWING. 4. FOR ENVIRONMENTAL PERMITTING ONLY. ' � I I i i l ' i I IF / i i l i i I l l ; RIPARIAN CORRIDOR % 1t (PROPERTY LIN EXTENSION i PER PERMIT #150-96) 12150; 15 of 26/4 0 r / a ; USACE NAVIGATION i USACE 80' SETBACK CHANNE J t l l I i _ RECEIVED MAR 18 2019 LMG 1833 Avalon Avenue 12"25CM WILMING-FUN, NC Scale: Job Number: LAND MANAGEMENT GR OUP 1"=30' LMG17.188 DONEAamre Tile: 1 3805 Wrightsville North Ave. Suite 40 Dock Detail Dmwo By: Sheet Number: MlminBlon, North Carolina 28402 GSF 3 of 5 X01 /,-------------- X"13 , Q) X- 2 A X"21 , Q) �Q) X" / 8 o 00 10 8 6 4 2 0 g -2 -4 -6 -g 0+100 -ONE- QUARTER WATERBODY WIDTH 1 I _ _Xo [RIPARIAN 20 CORRIDOR LL - - - -(PROPERTY LINE (EXTENSION PER PERMIT#1-50-96) I' USACE 80' SETBACK 1 I I I 0 Yr e 20 USACE NAVIGATION 1 CHANNEL ll� 0+110 1� 0+120 u 0+130 0+140 0+150 u 0+160 0+170 0+180 0+90 Project LM G 1833 Avalon Avenue LAND b/ANAGENI N GROW . YIYEx� comrem' Tille: 3805 Wrightsville Ave, Suite 15 Profile A Whunaton. North Carolina 28402 a' 10 8 6 4 2 0 -2 -4 -6 8 1+00 RECEIVED MAR 18 2019 CCI WILMINGTON, 12/20/18 1 3/6/19 As Noted-MG17A88 GSF 1Sheet Number 4 of 5