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HomeMy WebLinkAbout19970009 Ver 2_CAMA Application_20211202DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Bluewater Point, LLC - Todd Isenhour c/o Dana Lutheran -SEGI, Inc. PROJECT NAME: Bluewater Point, LLC 2. LOCATION OF PROJECT SITE: At the end of 57" Place West adjacent to Montgomery Slough/Eastern Channel, Oak Island, Brunswick County Coordinates: Latitude N 33°54'57.16" Longitude W 78°12'49.88" 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit -- 11/16/21 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received—1018121 Application Complete --- 11/29/21 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Brunswick County Land Classification From LUP — Commercial (B) AEC(s) Involved: PTA, CW, ES, EW (C) Water Dependent: Yes (D) Intended Use: Commercial (E) Water and Wastewater Treatment: Existing - Oak Island Municipal Sewer Planned - NIA (F) Type of Structures: Existing - Restaurant with decking on North and West Sides, asphalt parking lot, gravel parking lot, bulkhead, remnant pilings Planned — Replace entire marina with two separate docking facilities and a total of 50 boat slips. (G) Estimated Annual Rate of Erosion: NIA 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Uplands NIA NIA 6,335 sq. ft. (re -graded) (B) Vegetated Wetlands NIA NIA NIA (C) Open Water NIA NIA 8,475 sq. ft. (incorporated) (D) Total Area Disturbed: 14,810 sq. ft. (-0.34 acres) (E) Primary Nursery Area: No (Permanent Secondary Nursery) (F) Water Classification: SA; HQW Open: No PROJECT SUMMARY The applicant proposes to re -develop and expand the existing open water marina for a total of 50 boat slips and re -grade the existing upland parking area. Bluewater Point, LLC December 1, 2021 Page 2 9. PROJECT DESCRIPTION The project site is located at 5710 57" PIace West in Oak Island, Brunswick County, adjacent to Montgomery Slough/ Eastern Channel. The site consists of two parcels (Tracts A and B) located on either side of 57`h Place with an existing commercial marina, a restaurant and a motel. A public boat ramp is located at the end of 57`h Place West and the subject property is located to the east and west of the road end. The restaurant and motel are located on the parcel east of 57`h Place West. Parking is located on the parcel to the west of the road end. Docking facilities are located on both sides of the street. The total project tracts are approximately 1.76 acres. The application states the project site has 765 linear feet of shoreline, most of which is stabilized by an existing bulkhead. Salt Meadow cordgrass (Spartina alterniflora) is the predominant coastal wetland species in the project area on the western tract. The tracts are zoned Commercial, although the area is a mix of residential and commercial uses. Tract A has one existing gravel parking area that does not appear to extend within the 30 ft. coastal shoreline buffer to the existing bulkhead. An additional existing parking area directly adjacent to the boat ramp is within the 30 ft. Coastal Shoreline Buffer. There is an existing 4000 sq. ft. restaurant building with decking, sidewalks and an existing paved parking lot on Tract B. Remnants of existing docking facilities extending from Tracts A and B are in place. State Permit No. 25-97 was issued to Blue Water Point Marina and Motel, Inc. on February 25, 1997 for Excavation of the marina basin and entrance channel to — 6 ft. at MLW and Spoil Disposal. According to a Field Investigation Report written in January 1997 by E.F. Brooks, the marina formerly accommodated up to 76 vessels. State Permit No. 98-12 was issued to Blue Water Point, LLC on August 14, 2012 for modifications to the existing docking facility. The permit authorized 9 new formalized slips for a total of 52 formalized boat slips. State Permit No. 98-12 expired on December 31, 2015. Several General Permits have been issued to this marina. General Permit No. 65078D was issued on 2/3/15 for 160 linear ft. of bulkhead. General Permit No.s 67101D and 67102D were issued on 10/14/16 to replace 450 linear ft. of bulkhead and finger piers/floating docks that were damaged during Hurricane Matthew. General Permit No. 72884 was issued on 3/27/19 for additional bulkhead replacement due to Hurricane Florence. The waters of Eastern Channel are classified SA:HQW by the North Carolina Division of Water Resources. They ARE NOT designated as a Primary Nursery Area (PNA) by the North Carolina Division of Marine Fisheries, and they are NOT OPEN to the harvest of shellfish. PROPOSED PROJECT The applicant proposes to re -develop and expand the existing open water marina for a total of 50 boat slips and re -grade the existing upland parking area. According to the application, the marina would provide wet slip storage, boat rentals and day docking for the existing restaurant building. Overnight docking would be allowed, but not for lodging purposes. Two separate docking facilities are proposed, one on each tract, which would be separated by the existing public boat ramp. The docking facility on Tract A would accommodate slips 1-16 and the docking facility on Tract B would accommodate slips 17-50. No fuel docks areas are being proposed, but a pump out is proposed (see Sheet 1 of 2). The application states that a Pump Out Grant will be applied for. Beginning on the eastern side of Tract A, a pier, measuring approximately 58 ft. long by 6 ft. wide would extend perpendicular to the shoreline from the high ground over coastal wetlands to a fixed Blucwater Point, LLC December 1, 2021 Page 3 covered 16 ft. by 16 ft. gazebo. A fixed 39 ft. long by 5 ft. wide walkway would extend to the west from the gazebo to an 18 ft. by 5 ft. wide floating dock. The main floating 114 ft. long by 8 ft. wide spine would extend from east to west from the floating dock with ten finger piers extending north and sound providing access to slips 1-16. There would be 5 finger piers, measuring 18.6 ft. long by 4 ft. wide extending to the south and 5 finger piers measuring 23.5 ft. long by 4 ft. wide extending to the north. Additionally, 5 jet ski floating docks, each measuring 10 ft. long by 5 ft. wide are proposed within slip 16. The second docking facility would extend from the existing wooden deck on the northern edge of Tract B. A fixed 16 ft. by 16 ft. gazebo would extend to a 27 ft. long by 10 ft. wide fixed walkway running perpendicular to the shoreline. A ramp would connect to an additional 80 ft. long by 8 ft. wide floating dock. The main floating spine, measuring 221.6 ft. long by 8 ft. wide, would extend to the west from the floating dock running parallel to the shoreline proving access to slips No. 17-50. The applicant is proposing 14 fingers piers, 7 extending to the north and 7 extending to the south, which would all measure 32.4 ft. long by 5.5 ft. wide. Twenty-three tie pilings are proposed within the marina footprint (see Sheets 1 and 2 of 2). The water depths on the landward side of the slips originating from Tract A are approximately — 6 ft. at normal low water (NLW) and the water depth on the landward side of the slips originating from Tract B measures approximately -5 to -6 ft. at NLW. The width of the waterbody measures approximately 400 ft. across from marsh to marsh on the western side of the project area. The eastern portion of the project is across from an open water and approximately 984 ft. across on the western side of the project. According to the application, the proposed in water work would take place between November 1 and May 31. The applicant states that a scoping meeting was held for this proposal on 2/2/20 A boat ramp, that is owned by the Town of Oak Island, is located at the end of the right of way for 57"' place between the two proposed docking facilities. A Riparian Rights Easement has been submitted that conveys a non-exclusive easement for the use of riparian rights adjacent to the Right -of -Way (see Appendix K). There are no proposed encroachments into either adjacent riparian corridor. A new dedicated 16 space parking area and re -grading of the existing 8 parking space area is also being proposed (within?) the existing footprint of the gravel parking area on Tract A, partially within the 30 ft. coastal shoreline buffer. The applicant states that 58% impervious area currently existing within the 75 ft. AEC on Tract A and there is no proposed increase in BUA. A 6,335 sq. ft. area of existing gravel parking area would be re -graded and re -developed with additional temporary impacts for staging and equipment (see Physical survey). 10. ANTICIPATED IMPACTS The proposed marine re -development would incorporate approximately 8,475 sq. ft. of Estuarine Waters and Public Trust area and in an area previously incorporated by the old marina. As proposed, the new marina would accommodate 50 boat slips and would allow overnight docking. The proposed docking facility does not appear to exceed the'/4 width limit and would not encroach into either adjacent 15 ft. riparian corridor setback. The proposed upland development within the 75' AEC includes re -grading approximately 6,335 sq. ft. of existing parking area with no net increase in BUA. Submitted by: Tara Macpherson Date: December 1, 2021 Office: Wilmington Bluewater Point Marina CAMA Maior Permit Introduction: Southern Environmental Group, Inc. (SEGi) has been retained by Bluewater Point, LLC, herein referred to as "Applicant", to secure a CAMA Major Permit for two (2) water dependent structures, which will encroach over Public Trust Waters and Submerged Lands. The structures will originate, within uplands, on two parcels of land, located at 5710 57'h Place West. The following information is being submitted in support of the NC Division of Coastal Management's CAMA Major Permit Application. Parcel Information and Project Location: The project is located at 5710 57`h Place West, within the incorporated area of Oak island, in Brunswick County, North Carolina. Three (3) parcels of land, encompassing approximately 2.49-acres, are included in the project area (see Appendix A). Photo I Bnmswick Co. 2020 GIS Payrel.4erial The site property is zoned Commercial/Retail (CR) (see Appendix F). The following table provides the Brunswick County (NHC) Property Identification Numbers, Deed Book, and Page and other relevant information associated with each parcel: Tract Parcel ID Size (AC) Owner Deed (Book/Page) A 233MA00101 0.62 Bhewater Point, LLC 4335/0971 B 233MA001 1,14 Bluewater Point, LLC 4335/0971 C 233NIA00104 0.73 Bluewater Point, LLC 4335/0971 Table 1 Parcel Sumnmary One can find the project site by south on US Highway 17, then taking a right onto Highway 211, toward Southport, a right onto Route 906, a right onto West Beach Drive, and then another right onto West 57'h Street. The site is located on the left and right side of West 571h Place (see Appendix B). Site Information: The project site abuts Montgomery Slough, which is part of the Lumber River Basin and is classified as SA;HQW, by the North Carolina Division of Water Resources (DWR (see Appendix Q. The N.C. Division of Marine Fisheries (DMF) has designated this area as Permanent Secondary Nursery Area (PSNA) and a coastal waterbody (see Appendix D). According to the North Carolina Division of Health, Shellfish Sanitation Section (HSS), in the area of the grpgg ed Page 2 of 19 (Rev. 9/29/21) N O V 0 10 of 58 Dc,M WILeM1NGT®N, NG Bluewater Point Marina CAMA Maior Permit marina, waters are closed to harvesting shellfish (see Appendix E). Montgomery Slough is approximately 300' wide, from coastal wetland to coastal wetland, at its narrowest point. The edge of the channel is located approximately 180 LF from the edge of marsh, on the west side. See Appendix F for details. Project History: The site has historically been used as a 50 slip marina and the old "Fish House" restaurant, which was constructed around 1972. To SEGi's knowledge, only a State Stormwater Permit (SW8 971133) has been issued for this project. A scoping meeting was held. The date of the scoping meeting was 2/2/2020, and this project was discussed among several agencies (see Appendix H). During the scoping meeting, the NC DEMLR Stormwater Unit determined the Town of Oak Island will oversee stonnwater permitting (see Appendix G). This meeting also met the NC Division of Water Resources' Pre - Filing Request meeting, under 40 CFR Part 121, for 401 Certifications and in accordance with the Federal Clean Water Act. Site Conditions: Currently there is a 4,019 SF, one story, pile supported building (i.e., restaurant), with wood decking around its north and west sides, sidewalks on its south and cast sides, on Tract B, and an asphalt parking lot, on Tract C. A gravel parking lot encompasses approximately 19,800 SF of Tract A. Currently, on Tract A, approximately 9,100 SF of built upon area (BUA) is located within the 75' Estuarine Shoreline AEC, while on Tracts B and C approximately 9,480 SF of BUA is located within the 75' AEC. There is also BUA approximately 2,225 SF of BUAwithin the 30' Vegetated Buffer, on Tract A, and approximately 4,655 SF of BUA on Tracts B and C (see Appendix I). SE 57'h Place West, which terminates into a concrete boat ramp and owned by the Town of Oak Island, separates the two tracts. A bulkhead borders the entire waterfront (approximately 765'), of the tracts, and pilings are still in place, where the old 50 slip marina and day dock were located (see Attachment L). Water depths, in the location of the proposed floating components range from -7' to -10', at mean low low water, See Appendix 1, for details of the existing manmade structures, built upon area and topographic information. The aerial photo below depicts the existing conditions. Photo 2 2020 Brunswick Co. G!S aerial photo depicting existing conditions RECEIVED NOV 01 M1 Page 3 of 19 (Rev. 9/29/21) 0C;IV1 W11_MINGTON, NC 11 of 58 Bluewater Point Marina CAMA Maior Permit Project Purpose: The purpose of this project is to construct a commercial marina, with associated parking area, which will provide docking and parking, for the general public and patrons of the existing restaurant. Project Description: Water dependent work and upland development are being proposed, as part of this project. Water Dependent Structures: Work associated with water dependent structures consists of replacing the 50 slip docking facility, as well as adding two covered gazebos. The following table lists the structures included as part of this application: Component Description Length (Ft) Width (Ft) SF Replace/Proposed A Existing Fixed Pier 57' 6" 6' 345.5 Replace B Fixed Gazebo 16' 16' 256.0* Proposed C1 Fixed Pier 8'6" 5` 42.5 Proposed C2 Fixed Pier 31' 5' 155.0 Proposed D Floating Dock 18, 5' 90.0 Proposed E Floating Platform 114' 8' 912.0* Proposed F Floating Dock 80' 10, 800.0* Proposed G Floating Platform 221'6" 8' 1772.0* Proposed H Fixed Dock 27' 10' 270.0* Proposed I Fixed Gazebo 16' 16' 256.0* Proposed J Jet Ski Ramp 25' 10, 250.0* Proposed *Counted as platform area Total Platform Area 4516.0 Table 2 Proposed Piers, Docks and Platforms Twenty three (23) tie pilings will be used, within the footprint of the proposed marina. The following finger piers are proposed: 5 — 18'6" x 4'; 5 — 23'6" x 4; and 14 — 32'3" x 5'6". All structures, crossing coastal wetlands, will be fixed, slatted, elevated at least 36" above the substrate, measured from the bottom of the stringer, and no wider than 6' (please see Appendix I, for profiles of the proposed structures). Floating platforms are only proposed where water depths are at least -5', at mean low low water. Therefore, dredging is not necessary, The closest structure, to the east of the marina, is located approximately 290 LF south, while the closest structure, to the west, is approximately 207 LF. The photos below support these findings. Photo 3 Distance to nearest .structure on the east side Photo 4 Distance to nearest structure on the west side ED NOV 0 1 2021 Page 4 of 19 (Rev. 9/29/21) UC1V, vllILMlggfrqN, NCB Bluewater Point Marina LAMA Maior Permit To ensure protection of the West Indian manatee (Trichechus manatus), the work will be undertaken between November I and May 31. If this is not possible, the Applicant will adhere to the US Fish and Wildlife's guidance entitled "GUIDELINES FOR AVOIDING IMPACTS TO THE WEST INDIAN MANATEE, Precautionary Measures for Construction Activities in North Carolina Waters" (see Appendix I). In addition, to protect the South Atlantic Sturgeon, no work within the open water will take place between February 1 and June 30. To ensure sanitary waste is disposed of properly, the Applicant is working with Ms. Pat Durrett, with the DCM, on securing grant money, to install a stationary pump out system, which will be installed prior to use of the facility, by the public. Overnight docking will be allowed, but transient lodging will be prohibited. Signage, regarding the location of the pump out station, instructions on what to do should a spill occur and where clean up equipment is located, emergency and facility contact numbers, and notification that overnight docking is prohibited, will be placed in several locations on the marina structures. Upland Development: Upland development is proposed to consist of reconfiguring and improving the existing parking lot, to accommodate 22 vehicles, and moving the dumpster location, on Tract A (see Attachment 1). This will entail scarifying the existing gravel and adding either crush and run or rock. Approximately 6,335 SF of land disturbance is anticipated to be needed, to complete the work. The work does not entail increasing the existing elevation of the site. Silt fence will be installed along the limits of disturbance, prior to commencing with land disturbing activities. Adjacent Riparian Property Owners: As per 15A NCAC 07J .0204(b)(5), the Applicant shall notify, by US Postal Service Certified Mail, the adjacent riparian property owners (ARPOs) of the proposed work. According to the Brunswick County GIS Map, the ARPOs to this project are: Map Number Parcel ID Owner Mailing Address 1 233NCO07 Mr. Gregory K. Hendrick 504 Indian Wells Ct., Lexington, NC 27292 2 233MA003 Mr. Robert H. Stewart 1103 Gretcher Ln., Greensboro, NC 27410 3 571h Place West Town of Oak Island 4601 E. Oak Island Drive, Oak Island, NC 28465 Tahle 3.4RP0 h formation RIECEI Y ED NOV 0 l 2021 Figure 1 Brunswick Coiuiiv G/S,ldjacenf Properly Owiier:Yfrip See Appendix K, for the returned, certified mail, green cards, and the recorded easement, whi�l irlAtKINK-WPC Page 5 of 19 (Rev. 9/29/21) 13 of 58 Bluewater Point Marina CAMA Major Permit 5L-C1 corridor, in perpetuity. The easement was approved by the Town of Oak Island, prior to being recorded, and is a condition of their waiver, which allows encroachment into the 571h Place West riparian corridor. Summary: In summary, the Applicant is seeking approval, in the form of a CAMA Major Permit, to perform work that will take place within Public Trust Waters and over Submerged Lands. The proposed work consists of rebuilding a 50 slip marina, with associated parking, and is consistent with the current rules and regulations of the NC Coastal Area Management Act, as well as the state and federal Clean Water Act. RECEIVED Page 6 of 19 (Rev. 9/29/21) DCM WILMINGTON, NG 14of58 DCM MP-1 APPLICATION for Major Development Permit (last revised 12/27/061 2 North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) BLUEWATER POINT, LLC Bluewater Marina Applicant 1: First Name MI Last Name Todd Isenhour Applicant 2: First Name MI Last Name If additional applicants, please attach an additionalpage(s) with names fisted. Mailing Address 3411 Healy Drive, Suite A PO Box City State Winston-Salem NG ZIP 27103 Country US Phone No. ext. FAX No. Street Address (if different from above) City State -7ZIP Email toddisenhoura(7.isenhourhomes.com Phone: 336-397A875 2. Agent/Contractor Information Business Name SOUTHERN ENVIRONMENTAL GROUP, INC (SEGI) Agent/ Contractor 1: First Name DANA MI A. Last Name LUTHERAN Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State 5315 SOUTH COLLEGE ROAD, SUITE E WILMINGTON NC ZIP Phone No. 1 Phone No. 2 28428 910.452.2711 -- ext. 910.228.1841 (Preferred) - ext. FAX No. Contractor 9 910A52.2899 NA Street Address (if different from above) City State ZIP SAME AS ABOVE Email fttheran@segi.us 3. Project Location County (can be multiple) treet Address State Rd. 9 BRUNSWICK COUNTY IS571057TH Place West NA Subdivision Name City State Zip NA OAK ISLAND NC Phone No. Lot No.(s) (if many, attach additional page with list) NA - - ext. 233MA00101. 233MA001, AND 233MA00104 (SEE PROJECT NARRATIVE) a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project LUMBER (CATALOGING UNIT 03040208) MONTGOMERY SLOUGH G. Is the water body identified in (b) above, natural or manmade? d. (Jame the closest major water body to the proposed project site. a ur Manmade Unknown AIWW e. �roposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the ,I�s- ee No proposed work falls within. TOWN OF OAK ISLAND BLUEWATER POINT MARINA 10/22/2020 Page 1 of 3 RECEIVED DCM WILMINGTON, NC 1 of 58 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 765 LF (SEE PROJECT NARRATIVE) 1.76 AC c. Size of individual lot(s) SEE PROJECT NARRATIVE d. Approximate elevation of tract above NHW (normal high water) or (if many lot sizes, please attach additional page with a list) NWL (normal water level) 25' QT]?>r NW L e. Vegetation on tract SEE PROJECT NARRATIVE f. Man-made features and uses now on tract CURRENTLY THERE IS A 4,019 SF, ONE STORY, PILE SUPPORTED BUILDING ("THE FISH HOUSE" RESTAURANT), WITH DECKING AROUND THE NORTH AND WEST SIDES, SIDEWALKS, AND AN ASPHALT PARKING LOT IS LOCATED ON TRACT B. A GRAVEL PARKING LOT IS FOUND ON LOT A. SE 57T" PLACE WEST, WHICH TERMINATES INTO A CONCRETE BOAT RAMP AND IS OWNED BY THE TOWN OF OAK ISLAND, SEPARATES THE TWO TRACTS. A BULKHEAD BORDERS THE ENTIRE WATERFRONT OF BOTH TRACTS. PILINGS, FROM THE OLD 50 SLIP MARINA STRUCTURE, REMAIN IN THE WATER. SEE PROJECT NARRATIVE FOR DETAILS OF THE EXISTING STRUCTURES AND BUA ON THE PROPERTY. g. Identify and describe the existing land uses adiaceni to the proposed project site. ADJACENT PROPERTIES ARE ZONE RESIDENTIAL. h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? (Attach zoning CR (COMMERCIAURECREATIONAL) compliance certificate, if applicable) No NA j. Is the proposed activity part of an urban wateffront redevelopment proposal? Yes k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. Yes ( NA If yes, by whom? THIS SITE HAS BEEN BUILT UPON FOR SOME TIME. THUS, FURTHER EVALUATION OF THE AFFECTS THE PROJECT MAY HAVE ON CULTURAL OR HISTORICAL RESOURCES WAS NOT WARRANTED. I. Is the proposed project located in a National Registered Historic District or does it involve a National Register listed or Yes (E)NA eligible property? m. (i) Are there wetlands on the site? Yes No (ii) Are there coastal wetlands on the sito? Yes 0 ', (iii) If yes to either (i) or (ii) above, has a delineation been conducted? (Attach documentation, ifavailable) ® No !i COASTAL WETLANDS ARE LOCATED ON THE WATERWARD SIDE OF THE BULKHEAD, ON TRACTA n. Describe existing wastewater treatment facilities. OAK ISLAND MUNICIPAL SEWER IS AVAILABLE o. Describe existing drinking water supply source. OAK ISLAND MUNICIPAL WATER IS AVAILABLE p. Describe existing storm water management or treatment systems. THERE ARE NO EXISTING STORMWATER TREATMENT SYSTEMS IN PLACE - 5. Activities and Impacts a. Will the project be for commercial, public, or private use? CommerrI Public/Government Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. THE PURPOSE OF THIS PROJECT IS TO REPLACE AN EXISTING 50 SLIP MARINA, WHICH WAS DESTROYED DURING HURRICANE FLORENCE, IN 2018. THE MARINA WILL PROVIDE WET SLIP STORAGE RENTAL, AS WELL AS DAY DOCKING, FOR RESTAURANT PATRONS. A 16 SPACE PARKING AREA WILL ALSO BE ON SITE. GAS WILL NOT PROVIDED, AT THIS TIME. 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. A PILE DRIVER WILL BE UTILIZED TO ERECT PILINGS FOR THE WATER DEPENDENT STRUCTURES. THIS MACHINE WILLARRIVE EITHER ON A BARGE OR BY TRUCK. EQUIPMENT WILL BE EITHER BE STORED WITHIN UPLANDS, ON -SITE OR, IN THE CASE OF THE BARGE, TIED TO EXISTING PILINGS, UNTIL COMPLETION OF THE PROJECT. d. List all development activities you propose. THE PROJECT CONSIST OF CONSTRUCTING TWO (2) MULTI -SLIP BOATING FACILITIES, ONE ON THE EAST AND ONE ON THE WEST SIDE OF THE BOAT RAMP THAT WILL PROVIDE SLIPS FOR 50 BOATS. THE MARINA WILL HAVE TWO (2) FIXED PLATFORM GAZEBOS, ONE ON THE EAST STRUCTURE AND ONE ON THE WEST STRUCTURE. A NEW PARKING LOT WILL BE CONSTRUCTED, WITHIN THE EXISTING BUILT UPON AREA ON TRACTA. PLEASE SEE PROJECT NARRATIVE FOR DETAILS OF THE PROP JWNT. BLUEWATER POINT MARINA 10/22/2020 NOV 0 1 MI Page 2 of 3 11r..AI ,nror nitfn.. , i- ,a .,2•of58 e. Are the proposed activities maintenance of an existing project, new work, or both? BOTH f. What is the approximate total disturbed land area resulting from the proposed project? NA g. Will the proposed project encroach on any public easement, public accessway or other area that the public has I&S No NA established use of? SEE ATTACHED EASEMENT AGREEMENT WITH THE TOWN OF OAK ISLAND h. Describe location and type of existing and proposed discharges to waters of the state. THIS PROJECT DOES NOT INCLUDE NEW DISCHARGES TO WATERS OF THE STATE. i. Will wastewater or stormwater be discharged into a wetland? Yes No NA If yes, will this discharged water be of the same salinity as the receiving water? Yes No j. Is there any mitigation proposed? Yes No NA If yes, attach a mitigation proposal. G. Additional Information In addition to this completed application form, (l i) the following items below, if applicable, must be submitted in order for the application package to be complete. items (a) — (f) 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. (see 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. (see Project Narrative) 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 (see Project Narrative) e. The appropriate application fee, check or money order made payable to Di f. A list of the adjacent riparian property owners. Map Number Parcel ID Owner Mailing Address 1 233NCO07 HEDRICK, GREGORY KrNT 504 INDIAN WELLS CR., LEXINGTON, NC 27292 2 233M0003 STEWART, ROBERT H 1103 GRETCHER LANE, GREENSBORO, NC 27410 3 NA TOWN OF OAK ISLAND 4601 OAK ISLAND DRIVE, OAK ISLAND, NC 28465 g. Ahst of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. DCM CAMA MAJ 25-97AND 98-12, STATE STORMWATER PERMIT SW8971133, SCOPING MEETING HELD FEB. 2, 2020 (see Project Narrative) h. Signed consultant or agent authorization form, if applicable. (SEE ATTACHED) i. Wetland delineation, if necessary. NA j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) NA 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- NA 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. 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 9/29/2021 Print Name Dana A. Lutheran for Bluewater Point, LLC Signature RECEIVED�'�, Please indicate application attachments pertaining to your proposed project. MP-2 Dredge and Fill ✓MP-3 Upland Development NOV 01 2021 ✓MP-4 Structures MP-5 Culverts and Bridges DCM WILMINGTON, NC BLUEWATER POINT MARINA 10/22/2020 Pagc 3 of 3 3 of 58 Form DCM MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1 project. Please include all supplemental information. GENERAL UPLAND DEVELOPMENT Be sure to complete all other sections of the Joint Application that relate to this proposed a. Type and number of buildings, facilities, units, or structures proposed. None c. Density (give the number of residential units and the units per acre) None 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. (i) If applicable, has a sedimentation and erosion control plan been submitted to the (vision of Land Resources? Yes No CBAD (ii) If yes, list the date submitted: g. Give the percentage of the tract within the coastal shoreline AEC to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. Currently, on Tract A there is approximateIV 16,420 SF within the 75' AFC. Of that area, approximately 58% (9500 SF) is covered by an existing ravel parking lot. There is also approximately 2235 SF of BUA within the 30' Vee. Buffer. Tract B contains approximately 34,320 SF of within the 75' AEC. BUA currently covers 32% 9840 SF of that area. There is also 4665 SF of BUA within the 30' Veg. Buffer. New BUA is not being proposed with this application. i. Give the percentage of the entire tract to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. Aivroximately 72% of Tract A is currently covered by BUA while approximately 31% of Tracts B&C are currently covered by BUA. In total, approximately 41.5% of the entire site is currently covered with BUA. b. Number of lots or parcels. 3 existing parcels d. Size of area to be graded, filled, or disturbed including roads, ditches, etc. Approximately 6,335 SF of existing gravel area is to be regraded and new rock added f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for impervious surfaces. Marl or crush and run will be used to improve the existingparking area. h. Pro}ects that require a CAMA Major Development Permit may also require a Stormwater Certification. (i) Has a site development plan been submitted to the Division of Water QuajliU for review? Yes N o NA (ii) If yes, list the date submitted: Stormwater permitting will be processed through the Town of Oak Island. j. Describe proposed method of sewage disposal. k. Have jbpfacilities described in Item (I) received state or local approval? A stationary sanitary pump out station will be used for boats. Septic Yes %o�lA is already in place at the restaurant. If yes, attach appropriate documentation. Describe location and type of proposed discharges to waters of the state (e.g,, surface runoff, sanitary wastewater, industrial/ commercial effluent, "wash down" and residential discharges). Stormwater will be directed to grassy areas. No new BUA or stormwater BMP are being proposed with this project. m. Does belproposed project include an innovative stormwater design? Yest, y NA If yes, attach appropriate documentation. m. Describe proposed drinking water supply source (e.g., well, community, n. (i) Will water be impounded? Yes No A public system, etc.) (ii) If yes, how many acres? Drinking water is supplied by the Town of Oak Island. o. When was the lot(s) platted and recorded? Deed Book; 04335 Page; 0971 9129/21 Date Bluewater Point Ylarina Project Name Dana Lutheran for Bluewater Point, LLC A�licant;;JJa�� Applicant Signature p. If proposed development is a subdivision, will additional utilities be installed for this upland development? Yes No NA 252.808-28082 :: 1-888-4RCOAST :: www.nccaastalmanaELil�ment net Page 1 of 1 (9/29)21) R�CEIVFD NOV 0 12021 UC10 WILMINGTON, NC 4 of 58 9/29/21 Form DCM MPA STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for LAMA Major Permit, Form DCM MP-1 to this proposed project. Please include all supplemental information. 1. DOCKING FACILITYIMARINA CHARACTERISTICS a. (i) Is the docking facility/marina: Commerci ublic/Government Private/Community c. (i) Docks) and/or pier(s) (ii) Number 4 . (iii) Length See table below (iv) Width See table below Length Width Fixed/Floating Pier/Dock 1) ComponentA 57'6" x 6' Fixed Pier . 2) Component C1 8'6" x 5' Fixed Dock. 3) Component C2 31' x 5' Fixed Dock . 4) Component D 18' x 5' Fixed Dock. (v) Floating es o. (i) Are Platforms included? es No If yes- See attached Supplemental Information (ii) Number 7 (iii) Length See table below (iv) Width 1) Component B 16' x 16' Fixed 2) Component E 114' x 8' Floating 3) Component F 80.0 x 10' Floating 4) Component G 221'6" x 8' Floating 5) Component H 27' x 10' Fixed 6) Component 1 16' x 16' Fixed 7) Component J 25' x 10' Floating (v) Floating (a)( ) Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed 50 4 day docking slips and 46 overnight slips (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 O en water; na dredging re uir Other; please describe: Be sure to complete all other sections of the Joint Application that relate This section not applicable b. (i) Will the facility be open to the general public? es No d. (i) Are Finger Piers included? Yes No If yes: (ii) Number 24 (iii) Length See table below (iv) Width See table below (v) Floating es No Units Length Width 5 18.5' 4' 5 23.5' 4' 14 32.3' 5.5' f. (i) Are Boatlifts included? Yes Q If yes: (ii) Number (iii) Length (iv) Width 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 ockage ("wet slips") only, number of slips: Dry storage; number of boats: Boat ramp(s); number of boat ramps: Other, please describe Marina Pump Out Station, water and electric. ). Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). All types of boats will utilize the facility. EEIVEID NOV 0 1 2021 [ACM WILMINGTO_ N, 1yr_, 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net revised: 12/27106 5of58 Form DCM MP-4 (Structures, Page 2 of 4) 10/22/2020 k. Typical boat length: 15' — 60' I. (i) Will the facility be open to the general public? es o m. (i) Will the facility have tie pilings? es No (ii) If yes number of tie pilings? 23 2. DOCKING FACIL.ITYIMARINA OPERATIONS This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. Office Toilets 0 Toilets for patrons; Number: ; Location: Showers Boat holding tank pump out; 1 Give type and location: Tank pump out will be stationary. The Applicant is working with Pat Durrett IDCM Clean Marinas) on this. The pump out will be installed prior to the facility being open to the public. b. Describe treatment type and disposal location for all sanitary wastewater Sanitary water will be treated through municipal sanitary sewer system c. Describe the disposal of solid waste, fish offal and trash. Trash will be taken to local landfill. Fish offal will be disposed of in assigned area on -site. d. How will overboard discharge of sewage from boats be controlled? Signage will be posted directing mariners to the location of the pump out machine and instruction on use. e. (i) Give the location and number of "No Sewage Discharge" signs proposed. 2 "No Sewage Discharge" signs will be posted at the entrance of both marina facilities. (ii) Give the location and number of "Pump out Available" signs proposed. 2 "Pump out Available" signs will be posted at the entrance to each marina facility. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. NA g. Where will residue from vessel maintenance be disposed of? Maintenance of vessels will be prohibited to take place, at the facility. h. Give the number of channel markers and "No Wake" signs proposed. None Give the location of fuel -handling facilities and describe the safety measures planned to protect area water quality Fuel will not be provided at this facility. What will be the marina policy on overnight and live -aboard dockage? Overniaht dockina will be Dermitted. but live aboard dockina (i.e.. transient dockina) will be orohibited. k. Describe design measures that promote boat basin flushing? The proposed marina facility will be located on a waterbody that flushes naturally. I. If this project is an expansion of an existing marina, what types of services are currently provided? This marina was destroved durina Hurricane Florence. At this time, no services are currently Drovided. m. Is the marina/docking facility proposed within a primary or secondary nursery area? Yes No in. Is the marinaldocking facility proposed within or adjacent to any shellfish harvesting area? es No The site, itself, has been permanently closed to shellfish harvesting (See attached SupplergtafJitfptir# tion). i , �.. Nov 0 ]. 2021 919-733-2293 :: 1.866-4RCOAST :: www,n_ccoastalmanagement.net 6of58 Form QCM MP-4 (Structures, Page 3 of 4) 10/22/2020 o. Is the marina/docking facility proposed within or adjacent to coastal wetlandsimarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. (� 0 SAV SB WL None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? Yes CE) If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered liftsy his section not applicable a. (i) Is the boathouse structure(s): Commercial Public/Government Private/Community (ii) Number (iii) Length (iv) Width (Vote: Roofed areas are calculated from dripline dimensions 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) is section not appE€cable a. (i) Number (ii) Length (iii) Width 5. BREAKWATER (e.g., wood, sheetpiie, etc.) is section nat applicable a_ Length b. Average distance from NHW, NWL, or wetlands c_ Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOY `' ` $ '', ' " ' " ` �s section not applicable a. Is the structure(s): b. Number Commercial Public/Government Private/Community c. Distance to be placed beyond shoreline d. Description of buoy (color, inscription, size, anchor, etc.) Note: This should be measured from marsh edge if present. e. Arc of the swing y N. 7. GENERAL a. Proximity of structure(s) to adjacent riparian property (ARP) b. Proximity of structure(s) to adjacent docking facilities. lines Approximately 207' from the nearest western structure Approximately 16 LF from the eastern and western ARP and 280' from the nearest eastern structure See lines (See attached Supplemental Information) attached Supplemental Information) (Vote. For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body Varies e. i) Will navigational aids be required as a result of the project? Ye No A (ii) If yes, explain what type and how they will be implemented. 8. OTHER`, . a. Give complete description: NA d. Water depth at waterward end of structure a(gaior NWL 13,5' NOV 01 2021 action not a ica" 919-733.2293 :: 1-888-4RCOAST :: www.nccoastaimanagement.net revised: 11115102 7of58 Form DCM MP-4 (Structures, Page 4 of 4) 10/22/2020 9/29/21 Date Bluewater Point Marina Project Name Bluewater Point, LLC Applicant Name Dana A. Lutheran for Bluewater Point, LLC Applicant Signature NOV 0 1. 2021 DCM WILMINGTON, NC 919.733-2293 ,: 1-888-4RCOAST www.nccoastalmanagement.net revised: 11/15102 8of58 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director Bluewater Point, LLC c/o Dana Lutheran- SEGI 5315 South Collage Road, Suite E Wilmington, NC 28405 Dear Ms. Lutheran: NORTH CAROLINA Environmental Quality December 1, 2021 The Division of Coastal Management hereby acknowledges receipt of your CAMA Major Permit application, acting as agent for Bluewater Point Marina, LLC, for State approval for expansion of the existing open water marina at 5710 571h Place in Oak Island, Brunswick County. The application was received as complete on November 29, 2021 and appears to be adequate for processing at this time. The projected deadline for making a decision is February 12, 2021. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from November 19, 2021, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property, or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, 01 Tara MacPherson District Manager Enclosures cc; Cameron Luck, DCM Courntey Milliron, LPO WiRo Files USACE Holley Snider, DWR Kim Harding, DMF Todd Isenhour, Applicant MEQNorth Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office [ 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 as r �+ h1� 910.796.7215 ROY COOPER Governor NORTH CAROLINA Envirownemal oljalirj December 2, 2021 GanLegPubNotices@gannett.com 2 Pages Star News Legal Advertisement Section Re: Major Public Notice for: • Bluewater Point, LLC — Brunswick County • John Franck — New Hanover County ELIZABTH BISER Secretary BRAXTON DAVIS Director, Division of Coastal Management Hello: Please publish the attached Notice in the Wednesday, December 8, 2021 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Tanya Pietila at the NC Division of Coastal Management, 12 7 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226 (Customer No. 489895). Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. _ )incerely, 'any K Pietila Permit ng Support & Customer Assistance cc: MHC Files Cameron Luck — MHC USACE State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 NOTICE OF FILING OF APPLICATION FOR LAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A- 119(b) that the following applications were submitted for a development permits in Areas of Environmental Concern as designated under the CAMA: On December 1, 2021, Bluewater Point, LLC proposed to re -develop & expand the existing marina for a total of fifty (50) boat slips & re -grade existing parking area at the end of 57" Place West, adj. to Montgomery Slough in Oak Island, Brunswick County; and on December 2, 2021, John Franck proposed to reconfigure an existing private docking facility & add an additional boatlift for a total of four (4) slips at 24 Sandy Pt., adj. to Figure Eight Canal on Figure Eight Island, Wilmington, New Hanover County. Copies of these applications can be examined or copied at the office of Tara MacPherson (Brunswick County) or Katharine Elks (New Hanover County) N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910) 796-7266 (Tara MacPherson) or (910) 796-7424 (Katharine Elks) during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to December 29, 2021 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. N.C. DIVISION OF COASTAL MANAGEMENT AGENT AUTHORIZATION FORM Date . 9/10/2020 Name of Property Owner Applying for Permit: Bluewater Point, LLC Mailing Address: 3411 Healy Drive, Suite A Winston-Salem, NC 27103 I certify that I have authorized (agent) Southern Environmental Group. Inc,to act on my behalf, for the purpose of applying for and obtaining all CAMA Permits necessary to install or construct (activity) a 61 -slip marina, with day docks, •et ski slips and gazebos , at (mv property located at) 5710 57th Place West, Oak Island, North Carolina This certification is valid thru (date) December 31, 2021 Property Owner Signature Date 57 of 58 r - Adb. I � a non ❑ no knob❑a❑� m m� ca Ir 00 CO 00 o d Z r —v ea cD p o to cv � T r- r � Z. M rn u C3 € R v U) m 0 w co s C- CD N O CD Z cn w 0 6 N O O O 6 O N W S a P c" R ru 03 i1J EP (12 STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK RIPARIAN RIGHTS EASEMENT Prepared by: Geddings & Kleva, PLLC This Riparian Rights Easement made this the a� day of tv+ , 2021 by and between the Bluewater Point, LLC, a North Carolina Limited Liability ltornpany (hereinafter called Grantor) and Town of Oak Island, Inc. a body politic and corporate (hereinafter called Grantee). WYTNESS}ETH: WHEREAS the Grantor is the owner of certain tract of land bearing Brunswick County Tax Parcel Identification Number 233MA00101, more specifically described as Tract A; B-120 & 120A .41 AC, according to that certain deed recorded in Book 4335 at Page 971 of the Brunswick County Registry (hereinafter called The Grantor's Tract); and WHEREAS the Grantor's tract has floating finger docks extending off of Brunswick County Tax Parcel Identification Number 233MA001 into the Lockwood Folly Sound; WHEREAS the Grantee is the owner of certain submerged lands located in the Lockwood Folly Sound in Brunswick County North Carolina, which abut the parcel of real property bearing Brunswick County Tax Parcel Identification Number 233MA001 (hereinafter called The Grantee's Tract); WHEREAS the Grantee is also the owner public right of way known as 571" Place SW on Oak Island, North Carolina which abuts the Grantor's tract and the Grantee's Tract_ WHEREAS the Grantee maintains and operas a public boat ramp/launch located at the terminus of S7`h Place SW on Oak Island, North Carolina. WHEREAS the Grantee has advised of the intention and desire to operate the boat ramp/boat launch in such a way that would permit its users to pull straight in and strait out of said facility. WHEREAS the Grantor has agreed to convey to the Grantee a non-exclusive easement for the use of the riparian rights Feld by the Grantor which are appurtenant to the Grantor's Tract for the purpose of and to enable the Grantee to operate the public boat ramp/boat launch in the manner set forth herein and above, NOW THEREFORE, the Grantor for valuable consideration, the receipt of which is hereby acknowledged, does grant, and convey to the Grantee all riparian rights held by the Grantor in that portion of the Grantors Tract identified as "Town Proposed Recorded Easement with Reverter Clause" as specifically set forth and shown on that certain map dated September 15, 2020 by Masonboro Environmental, LLC, a copy of which is attached hereto as LxhibifA. TO HAVE AND TO HOLD, the aforesaid 13011-exclusive easement and all the privileges and appurtenances thereto belonging to the Grantee upon the terms and conditions and for the purpose as hereinafter fully set forth as follows: 1) This easement shall be non-exclusive. 2) The purpose of the easement is to allow for the operation the boat ramp/boat launch in such a way that would permit its users to pull straight in and strait out of said facility and to more easily launch and retrieve their watercraft from the Lockwood Folly Sound; 3) That the Grantor has no obligation to improve or maintain the easement granted. 4) This easement shall terminate and revert back to the Grantor in the event that the property that is the subject of this easement ceases to be utilized as a marina And Grantor Covenants with the Grantee that the Grantor is seized of the premises in fee simple, has the right to convey this non-exclusive easement, and title is marketable, free and clear of all encumbrances and will warrant and defend title against the lawful claims of all persons. IN TESTIMONY WHEREOF, Grantor has set their hand and seal the day first written above. [SIGNATURE AND ACKNOWLEDGMET ON FOLLOWING PAGE] GRANTOR: .i Blu ter oi�nt, LLC �< gay: K,�I-�t�p Ism-►�� Title: STATE OF COUNTY OFer�,th _ I, a Notary Public in and for the State and County aforesaid certify that the following personally appeared before me this day and being authorized to do so, acknowledged to me that he signed the foregoing document for and in behalf of the Bluewater Point, LLC for the purpose stated therein and in the capacity indicated and I have personal knowledge of the identity of the person or44+a -e-seen-,sari-&f-aetory-evidence-ofidentit-y-key-curr-ent-state-or-federal-identification with-th&geA=son-s-phetagr-ap : (Fill in Name and Title of Person Appearing) Date: Nt, t 2021 po NOTARY PU 'IC My Commission Expires: t}t� • :� �. �f�s� ~ TML- o: CPV Pe•.Y.w iS —^^ e'COFad'LYr ,L - ri r to uc fir` 1 ...-M_9 P.iP al• r:' t A• ]c9,5 SF ,,^�'•'r COUr�lr:CW 0- 6, E" Is-1 te' 2iSD Sr rR1;:r;Co 1TP`i l��l,:9 G•nw[• / CnuMUCO 0 - IIQcI�rF pro S'6' s p' r!S <- P-IKSL0 "Q+T,O p":Ponu IE,',!' ).lza it IMM!,fo .n•,,,-•,\ `\ /.; WA cOvlr i - %L.Pf•�YO p .,,E tax S '_, ,.M0 Sr fl-lYL0 mLra9rcl; «1LCwrr;L 6' _a4t; +.'Ii.S '.r rROFCAT "r0'fl-rOCi'C'Z ro 8[ •'.� .,.�-'r / wloa:nrr_ a.%a9 IE-,, ;a• r,e tr s_ I'lX:FrKCO mwau. >IFF)YlA 16'%II tlJ.�$% AIC^CSLO ILLrer7M ' I! NW�3bF'tiG'rill UrYl • -`` � •,� .,• '3'o;1•uFro>asr:d7l•curllrlt ' �Y tlaenleni well: r r '- r ertcrdausc ti 'Trap •r{} C7wner 1'ropo;crl \ recurd Ll rs •nlcnt L,ith m CriLI - � � to- m� '. _ • l• msuam -c- ' is' trn� • {' -. rMfVltl le Gr l.Xa CLnhw.[rr • f1 - � r�� O O R;4 flIA - , 1 � nrlli� � _ �'. r+.v�c�,,�_�-_ ee.,e:�a � ��•q f rl- �`. .•� �� _ .' SwJLIJ IS [If Y3HLL ' at '�slr. ,L.. :1•�rro� ati '• I . [•an.a lur.�r br 33d t 1! ✓ ��� t ' �' . L raver{ �r•RrL wuq. � i 'Tolya `i•ruck 3 I r 1'rliler Parking PASO UPI :FiF,': E'Y (r1; L__,1 _._I ` !rl% ! •••r«--J ` _r vf'; & CO. PIC I t I r i.n Pfltl arAY 1 OA1c 1SLWU. N.C' , I PI wne- 704.-S61--$557 �,.I L � � Ema11 vcsGrw+:cnflee rr.co:: PREPENEO Fat +1JSOY801t0 iNVtROrlaMht71. LLr: YEST OCLPIiIN O1 VE ++I'-L,Itvc[O . K-c. 910-617-2975 'Town Staff added Proposed Easement Ewa) lSha ntORpho[ rci!.c, Locations and Town Parking Locations _.FWrtnrt Lma -Lsla..11ez vw+clne n rLF ues •-r.ru.r .:. :: .L...nlr U 10' 60' 12a' •:w51n: :lnw:r.+*IS Flf nrs 4NII JWl p. 1U.A STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK RIPARIAN RIGHTS EASEMENT Prepared by: Geddings & Kleva, PLLC This Riparian Rights Easement made this the 2e day of , 2021 by and between the Town of Oak Island, Inc, a body politic and corporate (hereinafter called Grantor) and Bluewater Point, LLC, a North Carolina Limited Liability Company (hereinafter called Grantee), WITNESSETH: WHEREAS the Grantor is the owner of certain submerged lands located in the Lockwood Folly Sound in Brunswick County North Carolina, which abut the parcel of real property bearing Brunswick County Tax Parcel Identification Number 233MA00101 (hereinafter called The Grantor's Tract); and WHEREAS the Grantee is the owner of that certain 0.62 acres parcel of real property known as Tract A; S-123; .62AC — Long Beach, said parcel being more particularly described in that certain deed recorded in Book 4335 at Page 971 of the Brunswick County Registry; WHEREAS the Grantee has advised of the intention and desire to construct floating Finger docks extending off of Brunswick County Tax Parcel Identification Number 233MAOO101 into the Lockwood Folly Sound over a portion of the Grantor's Tract; WHEREAS the Grantor has agreed to convey to the Grantee a non-exclusive easement for the use of the riparian rights held in the Grantor's Tract for the purpose of and to enable the Grantee to complete the construction of the floating finger docks set forth herein and above; NOW THEREFORE, the Grantor for valuable consideration, the receipt of which is hereby acknowledged, does grant, and convey to the Grantee all riparian rights held by the Grantor in that portion of the Grantors Tract identified as "Property Owners Proposed Recorded Easement with Reverter Clause" as specifically set forth and shown on that certain map dated September 15, 2020 by Masonboro Environmental, LLC, a copy of which is attached hereto as ExhibitA. TO HAVE AND TO HOLD, the aforesaid non-exclusive easement and all the privileges and appurtenances thereto belonging to the Grantee upon the terms and conditions and for the purpose as hereinafter fully set forth as follows: 1) This easement shall be non-exclusive. 2) The purpose of the easement is to allow for the construction, use, and maintenance of floating finger docks extending off of Brunswick County Tax Parcel Identification Number 233MAOOI01 into the Lockwood Foily Sound. 3) That the Grantor has no obligation to improve or maintain the easement granted. 4) This easement shall terminate and revert back to the Grantor in the event that the property that is the subject of this easement ceases to be utilized as a marina. And Grantor Covenants with the Grantee that the Grantor is seized of the premises in fee simple, has the right to convey this non-exclusive easement, and title is marketable, free and clear of all encumbrances and will warrant and defend title against the lawful claims of all persons. IN TESTIMONY WHEREOF, Grantor has set their hand and seal the day first written above. [SIGNATURE AND ACKNOWLEDGMET ON FOLLOWING PAGE] GRANTOR: Town of Oak Island, Inc. By: `Jh ,­,Z5 Title: (11zjc-r STATE O1' Nora e-) C v I na COUNTY OF 13 I, a Notary Public in and for the State and County aforesaid certify that the following personally appeared before me this day and being authorized to do so, acknowledged to me that he signed the foregoing document for and in behalf of the Town of Oak Island for the purpose stated therein and in the capacity indicated and I either have personal knowledge of the identity of the person or I have seen satisfactory evidence of identity by current state or federal identification with the person's photograph: (Fill in Name and Title of Person Appearing) Date: M -e, D 0 , 2021 NOTARY PUBLIC My Commission Expires: } o (Stand/Sj �� Comm. Expires 03• t 10/4/2025 .; %,G2�,'•#6 pL�G.• • �' ",i" iCK1Co :%0 i _ � - a•x'I'on..,J :. - �Iri� +fn _"-u' r: . , � ,r � _[: �u _- l ! Ih„a�(v a,y'I .. fA�rl. r•fni 'J - rL''.O.' 10' z 14' :'•:.0 . I`1.'I 1:'a if � ;+ tint.. wn [a.. • � GCNI'Clll',1 i ^.'.rrl >'v'v -) - �)!! 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P'i fri -Fly --"• Yf;'.L11111,�10:4. :,1:, trW;k c'',rsr::.6ryrta:mn!:eo 'Town Si arf added l'ruposrd fasantcn [ I.oeetfons and Town Parking r.oeations u.c.Js ahYl.lry W.1� u �' �' kY7 0...,, csla.:n'e: ly,� Iwcnalwnxrr,ttc [1' If 2 ""'o�.rwfa wJlt slnvu YIlJNrvr ]all'4'Vf 0+nl. `i�NA Bluewater Point Marina CAMA Major Permit ,�j�_C i Appendix B Bluewater Point Vicinity Map (Rev. 9/29/21) Bluewater Point Marina CAMA Major Permit 5 F,C i YY Lieach Dr r r Appendix C DWR Water Classification Map ttbint;r,>mery Slough a � W i�a;Phin Dr � �rN Surface Water Classifications: Stream ' 5.25 Stream IntracoastaP.-Vater:ra•y Name: Descr . -!o- From Cape Fear R ver Basin at Buoy FI R ev. d sec 22 to North Carolina -South Caroil-ra State L ne, incluc ng afl sloughs, sounds, inlets and connecting channels Clamfcat on: SA+QW Date of November 301963 Clas_. What coes More nfo th`i Class, mean" ve( "a. - Lumber Zoom to ••• W Beach ?_ev. 9/29/21) Bluewater Point Marina CAMA Major Pertnit S 1 _l 3 3 Appendix D DMF Primary Nursery Area Map (Rev. 9/29/21) Background imagery are U.S. Geological Fishery Nursery Areas Fishery Nursery Areas Survey 1:100,000-scale planimetric maps. Primary + Permanent Secondary �/ Map Datum: NA083 ® Speciall Secondary ,"'�r Map Projection: NC State Plane Map Date: March 2011 ® Military Danger 1000 0 1000 2000 Yards Zones and Restricted Areas locator map 0-7 0 0.7 1.4 Miles Inlandwaters(WRCjurisdidion) Map 29iiiiiiiii Bluewater Point Marina CAMA Major Permit �C7EG i Appendix E HSS Shellfish Closure Map - . (Rev. 9/29/21) C Q o (� co I (� Z ZON m O N C N Le �O � N O m Z 0 C L CC))O L1 L�� Q lL C a � N (� — ++ _a 00 ) �, a) o 3 ~ LO m N } I N MM 3+'ZL c4 t U 0 o C Z a- j (D (u 0 = C LO O M U= M O N C O In O 9 i) L O G(n (B C r o Y L �, +�+ 6- C rC) 'N tiN a CUB C co C` 0 ~ Q C N Ln .� (� C � U M L Z 0` O C co LL Z N Qj =Q L O Cll� T 00 M � �+ a) � � C�m� Cd] Otis V �L) Cri.O O ti M a) C O ' N �C 0-fA U ~ O f� .0 ~ � C O 0 on Im r CD o 00 0 0 (U in o C l00 Q' oO r Q) M O coD ~ 1. L O �! � 0 I 0�0 M �� to `O A • W m ,V m I . Z f- `-' CUNZ [o-aC O C OZ�N Y Z a 0 .� MN (D C M 0 a C- AC+`J O A Q= M N � L CCD'T� f6 O _ U) Q o M °ram° O N LO -0 cn � - N c0. Lo �0 m m L Q ,M ; L 1 L� ('a o p t) •c 3 � ct -ao (D o' � N��mMln o C a 0 Q Z CO M M CO 7 ` p 0 M (9 +• C7 w cv)�-! L- it7 ++ OM C C a� x C U) O'L-= C O U) +� C •O CCf� — CO I� O CL (fl m +•' >,QC_ C M L tB O O Cll0 C 0 `O p a cc m� � v) � c m L cc r Q. 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M C O fti Cu C3) C +_. fm Z lC) � 0 O N N 0 ^ 0 Nr Q N N O O O —� Q N C O N p M r N O w Q aM I m -w I r 0� M 00-0 U O O o M Z Z i- 00 L A(V Q C= U I Q Ul N +. ° L r cA O I UO a) LL OZ � O O00 mI- d oO ti +r co � ��r� � 3 .ec L J Q 'a� N a1 U m `� O I 0)� CDZ irk C� 3 OP- C d L N O� 00 O V >+ mo C LON C d ujTo O fE (� O ti� a� �o tl3�r'a rcn -C oD � OoC N L -C JV T� MM�� O M m m ❑� Q� Lr lctiC� C0 (� A U O Bluewater Point Marina CAMA Major Permit .9 r_Ci Appendix G NC State Stormwater Permit Rev. 9/29/21) dlutheran@se i.us From: Johnson, Kelly <keliy.p.johnson@ncdenr.gov> Sent: Thursday, February 20, 2020 2:29 PM To: dcoleman@ci.oak-island.nc.us; permits@ci.oak-island.nc.us; Todd Isenhour; Garrett Isenhour, george@wilsonbrothersllc.com; mani-sundram@gmail.com Cc: Hall, Rhonda B Subject: Bluewater Point - State Stormwater (SW8 971133) All, It was nice to meet you at the meeting this morning. I just wanted to follow back up on our discussion about who would review the stormwater since DEMLR has an existing State Stormwater exemption but Oak Island implements their own State Stormwater program. I discussed it with other staff and we think that Oak Island is the appropriate review agency in this case. Typically when the State has a permit for a project, we modify our permit and keep it at the State level. In this case, DEMLR only has an exemption and so this is essentially a new project. I understand that there are a lot of decisions to still to be made, and that Rhonda will have to base her E&SC call on those yet -to -be -determined items. Anything inside the E&SC has to be permitted for Stormwater, but you can do that in several different permits if it is easier to get a permit for each individual home separate from the hotel/restaurant/marina. (Donna & Courtney, once you all have issued the permit for the marina please send that to me so that I can contact our current permittee and work towards a rescission for our permit.) If you have further questions, please let me know. Kelly K.eUW ok VLso vL Kelly Johnson Environmental Engineer NC Division of Energy, Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Phone: 910.796.7343 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Low and may be disclosed to third parties. Bluewater Point Marina CAMA Major Permit tC7F_C i Appendix H DEQ Scoping Meeting Sign -In Sheet Rev. 9/29/21) SIGN UP SHEET SCOPING MEETING Bluewater Point Development Brunswick County February 20, 2020 Name Agency Phone Email Cameron Weaver NCDEQ-DEACS 910-796-7265 Cameron. Weavercancdenngov Robb Mairs DWR-401 910-796-7303 Robb.Mairsnncdenngov Todd Isenhour Purchaser 336-345-1214 Todd@Isenhourhomes.com Garrett Isenhour Builder 336-409-7969 GarrettIsenhour isenhourhomes.com George Wilson Broker 910-520-2965 George@wilsonbrothersllc.com Liz Price DWM-UST 910-796-7263 Liz.Price ncdenr, ov Kelly Johnson DEMLR- Stormwater 910-796-7343 Kell .P.Johnson ncdenr. ov Gregg Bodnar DCM 252-808-2808 Gregg. Bodnar a@ncdenr.gov Curt Weychert DCM 252-808-2808 Curt. We, chert @ncdenr, oovv Maria Dunn NC WRC 252-948-3916 Maria. Dunn&ncwildtife.org Tyler Crumbley USACE 910-251-4170 Tyler.A.CrumbleyAncdenr.gov Greg Currey USACE 910-251-4707 Greszory.E.Currey@usace.army.mil Mani Sundarain Purchaser 919-818-1576 Mani. Sundramkgmail.com Anne Deaton DMF 910-796-7311 Anne. Deaton@ncdenr.gov Courtney Milliron Town of Oak Island 910-278-5024 permits@ci.oak-istand.nc.us Donna Coleman Town of Oak Island 910-201-8047 DColeman@ci.oak-island.nc.us Rhonda Hall DEMLR-LQ 910-796-7312 Rhonda. HalI&ncdenr.jzov *Twyla Cheatwood NOAA-NMF 252-728-8758 T la.Cheatwood noaa. ov X Unavailable *conference call NCDEQ WILMINGTON REGIONAL OFFICE 127 CARDINAL DRIVE WILMINGTON, NC 28405 910-796-7215, FAX 910-350-2004 Bluewater Point Marina CAMA Major Permit 5 F C3 i Appendix J "GUIDELINES FOR AVOIDING IMPACTS TO THE WEST INDIAN MANATEE, Precautionary Measures for Construction Activities in North Carolina Waters" (Rev. 9/29/21) United States Department of the Interior } FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 qFeri Raleigh, North Carolina 27636-3726 GUIDELINES FOR AVOIDING IMPACTS TO THE WEST INDIAN MANATEE Precautionary Measures for Construction Activities in North Carolina Waters The West Indian manatee (Trrchechus manatus), also known as the Florida manatee, is a Federally -listed endangered aquatic mammal protected under the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.) and the Marine Mammal Protection Act of 1972, as amended (16 U.S.0 1461 et seq.). The manatee is also listed as endangered under the North Carolina Endangered Species Act of 1987 (Article 25 of Chapter 113 of the General Statutes), The U.S. Fish and Wildlife Service (Service) is the lead Federal agency responsible for the protection and recovery of the West Indian manatee under the provisions of the Endangered Species Act. Adult manatees average 10 feet long and weigh about 2,200 pounds, although some individuals have been recorded at lengths greater than 13 feet and weighing as much as 3,500 pounds. Manatees are commonly found in fresh, brackish, or marine water habitats, including shallow coastal bays, lagoons, estuaries, and inland rivers of varying salinity extremes. Manatees spend much of their time underwater or partly submerged, making them difficult to detect even in shallow water. While the manatee's principal stronghold in the United States is Florida, the species is considered a seasonal inhabitant of North Carolina with most occurrences reported from June through October. To protect manatees in North Carolina, the Service's Raleigh Field Office has prepared precautionary measures for general construction activities in waters used by the species. Implementation of these measure will allow in -water projects which do not require blasting to proceed without adverse impacts to manatees. In addition, inclusion of these guidelines as conservation measures in a Biological Assessment or Biological Evaluation, or as part of the determination of impacts on the manatee in an environmental document prepared pursuant to the National Environmental Policy Act, will expedite the Service's review of the document for the fulfillment of requirements under Section 7 of the Endangered Species Act. These measures include: 1. The project manager and/or contractor will inform all personnel associated with the project that manatees may be present in the project area, and the need to avoid any harm to these endangered mammals. The project manager will ensure that all construction personnel know the general appearance of the species and their habit of moving about completely or partially submerged in shallow water. All construction personnel will be informed that they are responsible for observing water -related activities for the presence of manatees. 2. The project manager and/or the contractor will advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act and the Endangered Species Act. 3. If a manatee is seen within 100 yards of the active construction and/or dredging operation or vessel movement, all appropriate precautions will be implemented to ensure protection of the manatee. These precautions will include the immediate shutdown of moving equipment if a manatee comes within 50 feet of the operational area of the equipment. Activities will not resume until the manatee has departed the project area on its own volition (i.e., it may not be herded or harassed from the area). 4. Any collision with and/or injury to a manatee will be reported immediately. The report must be made to the U.S. Fish and Wildlife Service (ph. 919.856.4520 ext. 16), the National Marine Fisheries Service (ph. 252.728.8762), and the North Carolina Wildlife Resources Commission (ph. 252.448.1546). 5. A sign will be posted in all vessels associated with the project where it is clearly visible to the vessel operator. The sign should state: CAUTION: The endangered manatee may occur in these waters during the warmer months, primarily from June through October. Idle speed is required if operating this vessel in shallow water during these months. All equipment must be shut down if a manatee comes within 50 feet of the vessel or operating equipment. A collision with and/or injury to the manatee must be reported immediately to the U.S. Fish and Wildlife Service (919-856-4520 ext. 16), the National Marine Fisheries Service (252.728.8762), and the North Carolina Wildlife Resources Commission (252.448.1546). 6. The contractor will maintain a log detailing sightings, collisions, and/or injuries to manatees during project activities. Upon completion of the action, the project manager will prepare a report which summarizes all information on manatees encountered and submit the report to the Service's Raleigh Field Office. 7. All vessels associated with the construction project will operate at "no wake/idle" speeds at all times while in water where the draft of the vessel provides less than a four foot clearance from the bottom. All vessels will follow routes of deep water whenever possible. 8. If siltation barriers must be placed in shallow water, these barriers will be: (a) made of material in which manatees cannot become entangled; (b) secured in a manner that they cannot break free and entangle manatees; and, (c) regularly monitored to ensure that manatees have not become entangled. Barriers will be placed in a manner to allow manatees entry to or exit from essential habitat. Prepared by (rev. 0612003): U.S. Fish and Wildlife Service Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 919/856-4520 Figure 1. The whole body of the West Indian manatee may be visible in clear water; but in the dark and muddy waters of coastal North Carolina, one normally sees only a small part of the head when the manatee raises its nose to breathe. ATf3 Illustration used with the permission of the North Carolina State Museum of Natural Sciences. Source: Clark, M. K. 1987. Endangered, Threatened, and Rare Fauna of North Carolina: Part I. A re-evaluation of the mammals. Occasional Papers of the North Carolina Biological Survey 1987- 3. North Carolina State Museum of Natural Sciences. Raleigh, NC. pp. 52. Bluewater Point Marina CAMA Major Permit 5 F f. j Attachment L Historical Marina Slip Count Exhibit (Rev. 9/29/21) 8 6w 3 2 7 9 4 5 1 10 165' Slips 11-16 �I 21 22 23 zs z7 `., 24 26 28 29 30 31 32 r 3 w 44 43 42 41 0 39 38 37 36 35 34 N V ' i P'. O �109 Slips 46 50 -srrelrlq'7'�rt.,��� n., M i mn (b _J� t [ � gpAitl00►���'- � rf 4 WEST 6Trk PUKE DR. MIA~ MOTEL : S n Q `hRrpMt,�R�1s �' ~Vti �ti• m �mo 2M, 4go �5�m °°` �;u �2 p 0 0Z 0 OZO rzi� �m 56 of 58 • File an Annual Report/Amend an Annual Report • Upload a PDF Filing • Order a Document Online Add Entity to My Email Notification List • View Filings • Print a Pre -Populated Annual Report form Limited Liability Company Legal Name Bluewater Point, LLC Information Sosld: 1936191 Status: Current -Active O Date Formed: 1/13/2020 Citizenship: Domestic Annual Report Due Date: April 15th CurrentAnnual Report Status: Registered Agent: Isenhour, K. Toac Addresses Mailing 3411 Healy Drive, Suite A Winston-Salem, NC 27103 Reg Mailing 3411 Healy Drive, Suite A Winston-Salem, NC 27103 Company Officials Principal Office 3411 Healy Drive, Suite A Winston-Salem, NC 27103 Reg Office 3411 Healy Drive, Suite A Winston-Salem, NC 27103 All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20. 58 of 58 MacPherson, Tara To: dlutheran@segi.us Cc: Amico, Patrick J Subject: Blue Water Point Marina Attachments: DOC101221-10122021155552.pdf Hi Dana, '� - I C) tz-1, I was able to review the major permit application that you submitted on behalf of Bluewater Point Marina. The application is not complete at this time. Please address the following items below 1. MP-1 (3)(d) The AIWW is the closest major waterbody — please update 2. Mp-1(6)(g) Two Previous CAMA Permits have been issued for this Marina State Permit No. 25-97 and State Permit No. 98-12. Please update 3. MP-1, MP-2 Narrative and Drawing — slip counts are not consistent. Please update TOTAL number of proposed slips including any transient slips. Please note that drive on jet ski platform are counted as platform and NOT as slips. Please update all forms. 4. MP-3 Upland Development (a) If the parking lot is being modified please indicate the sq. ft. dimensions of the new parking lot. 5. MP-3 (i) Please indicate amount of BUA for tract B (the application states unknown) 6. MP-1, Narrative and Drawing — Components E and G are listed as different dimensions on the Drawing/MP-1 and Narrative — please update and correct 7. Narrative and Drawing — Were Finger Piers to be included in these tables? 8. The Appendix Section G does not contain the state stormwater permit as indicated. 9. Drawings — Please include an existing conditions drawing and indicate any changes to the parking lot footprint 10. Please ensure all drawings are printed TO SCALE, 11. The number of slips in the table on the drawing adds up to more than proposed a (72 slips when added together). Please update and verify. 12. Please indicate where the floating jet ski slips or floating platforms will be located on the drawing. 13. Have you pre -filed with DWR? 14. DCM will verify the riparian corridor line, but I have attached the drawing from the 98-12 permit for reference. This was accepted by DCM. Please let me know if you have any questions. Thank you, Ta ra Tara MacPherson Wilmington Region District Manager NC Division of Coastal Management Department of Environmental Quality 910 796-7266 office 910 395-3964 fax tara macpherson Qncdenr.gov 127 Cardinal Drive Ext Wilmington, NC 28405 10/28121. 12:23 PM Appraisal Card BRUNSWICK COUNTY 10/28/202112;23:30 PM Retum,P.ppe=; �BLUEWATER POINT LLC Parcel: 233MAGO104 t 704 57FIl PL W OAK ISLAND 25465 OAK ISLAND PLAT: UNIQ ID SPLIT FROM ID 0121/11015 172001 95873 0093070 ID NO: 2036208t6tt2 BRUNSWICK COUNTY (100), DOSHER HOSP TAX (1001, OAK ISLAND (100)r OAK CARD NO. I ISLAND FIRE (15) of I eval Year: 2019 Tax Year: TR-B B-t 20&12DA .73A.0 PL 121115 0.7300 AC SRC= 421 Appraised by 66 on D9/1412020 C322 OAK ISLAND - COMM TW-03 Cl-FR EX- AT- LAST ACTION 14 OB 20200911 CONSTRUCTION DETAIL MARKET VALUE DEPRECIATION CORRELATION OF VALUE OTAL POINT VALUE US MOD Eff. Area kUAL BASE RATE CM E'r Y REDENCE TO BUILDING ADJUSTMeNTS OTAL ADJUSTMENT 98 00 %GOOD EPR. BUILDING VALUE -CARD TYPE: VACANT LAND EPR. OB/XF VALUE - CARD ARKET LAND VALUE - CARD 400,00 ACTOR OTAL QUALITY INDEX STYLE: OTAL MARKET VALUE - CARD 400,00( OTAL APPRAISED VALUE - CARD 400,00 OTAL APPRAISED VALUE - PARCEL 400,0 OTAL PRESENT USE VALUE - PARCEL OTAL VALUE DEFERRED - PARCEL OTAL TAXABLE VALUE - PARCEL 400,000 PERMIT CODE I DATE I NOTE I NUMBER AMOUNT OUT; WTRSHD: SALES DATA FF. ECORD DATE DEED INDICATE SALES OOK AGE M R TYPE QjU V1 PRICE 335 971 3 P0201 GW A V 3006137fi 12120091 WD U I HEATED AREA NOTES REA RPL ODE UALI DESCRIPTION OUNT TH NIT UNIT PRICE ORIG % COND LDG SIZE FACT ANN DEP Y8 Y RATE VIi Wa OND OB/XF D£PR. VALUE G5 AREA % CS OTAL OB XF VALUE WR_ NSIONS LAND INFORMATION TNER DJUSTMENTS AND LAND TOTAL IGHESTAND USE LOCAL FROM DEPTH END COND OTES OA UNIT LAND LINT TOTAL ADJUSTED LAND OVERRIDE LAND BEST USE CODE ZONING TAGS OEM / SIZE MOD FACT RF AC LC TO OT TYPE PRICE UNITS TYP ADIST UNIT PRICE VALUE VALUE NOTES OMMERCIAL 0700 CR 230 0 1.0000 0 2.000( PS 200,000.00 LGOD LT 2.000 40D,UD0.0 40000 OTAL MARKET LAND DATA 400,00 OTAL PRESENT USE DATA https:/ltax.brunsco.neVitsneVAppraisatCard.aspx?parcel=233MA003048TaxYear=2023 111 `7 of 58 9/1 G12020 Appraisal Card BRUNSWICK COUNTY O/ 7 of 7n7n 0.1n,4C AM WPT LLC Return/Appeal Parcel: 233MAD0101 Notes: PLAT: UNIQ ID / 95874 0162110 ID NO: 203620814034 BRUNSWICK COUNTY (100), DOSHER HOSP TAX (100), OAK ISLAND (100), OAK ISLAND CARD NO. 1 FIRE (13) of 1 oval Year; 2019 Tax Year: L-1-3,15,1,P/0 2 S-121,123,124 2.5/182-189 1.4200 AC SRC= Inspection 020 ppralsed by 66 on 08/21/2018 C322 OAK ISLAND TW-03 Cl- FR. EX- AT LAST ACTION 14 08 20180827 CONSTRUCTION DETAIL MARKET VALUE DEPRECIATION CORRELATION OF VALUE OTAL POINT VALUE Eff. BASE BUILDING ADJUSTMENT USE MOD Area QUA RCN EY Y REOENCE TO OTAL ADJUSTMENT 981 00 -RATE % GOOD EPR. BUILDING VALUE - CARD ACTOR TOTAL QUALITY INDEX TYPE: VACANT LAND EPR. OB/XF VALUE - CARD 43,09 ARKET LAND VALUE- CARD 865,00 STYLE: OTAL MARKET VALUE - CARD 908 09 OTAL APPRAISED VALUE - CARD 908,09 TOTAL APPRAISED VALUE - PARCEL 908,09( TOTAL PRESENT USE VALUE - PARCEL TOTAL VALUE DEFERRED - PARCEL TOTAL TAXABLE VALUE - PARCEL 906 09 PRIOR UILDING VALUE BXF VALUE 25,39 -AND VALUE 867,5D RESENT USE VALUE EFERRED VALUE OTAL VALUE 892 89 PERMIT CODE DATE i NOTE I NUMBER I AMOUNT OUT: WTRSHD: SALES DATA FF. RECORD DATE DEED INDICATE SALES BOOK AGE MO R TYPE U PRICE 4335 P971 312020 GW I U V 3006 1373 12 2009 WD U I HEATED AREA NOTES ARKING FOR MARINA & REST BLUEWATER POINT MARINA, OATSUPS P/U ON 233MA001. SUBAREA DESCRIPTION COUNTLTH TH NIT UNIT PRICE ORIG % COND BLDG* AYB EYB ANN DEP RATE V % COND OB/XF DEPR. VALUE GS RPLnOTAL TYPE AREA % CS TORAGE/UTILITY IER/DOCK RESID) 9 6 63 8.0 35.0 0.0 0.0 _ _ 199 198 194 198 5 S 2 4 14 082 IREPLACE UBAREA TOTALS OCK (FLOATING) OCK (FLOATING) 3 16 1 48 1,15 25.0 25.0 0.0 0.0 _ _19BS198 198 198 S S 2 2 240 577 ARD LIGHTS 1,700.0 0.0 198 298 5 4 272 ULK HEAD 13 200.0 0.0 _ 2015 201 S B 2323OB XF VALUE 43,090 UILDING DIMENSIONS ND INFORMATION OTHER D3USTMENTS AND LAND TOTAL IGHESTAND USE LOCAL FROM DEPTH LND COND NOTES ROAD UNIT LAND UNT TOTAL ADJUSTED LAND OVERRIDE LAND EST USE CODE ZONING TAGE DEPTH SIZE MOD FACT RF AC LC TO OT TYPE PRICE UNITS TYP ADJST UNIT PRICE VALUE VALUE NOTES ARINALND 0781 CR 148 280 1.0000 D 0.8000 PS 215,000.00 2.500 IT 0.800 172,000.00 43000 SIZE FR 2NDROW 0105 R7 50 150 1.00D0 0 1.0000 PS 185,000.00 1.000 LT 1,000 185,000.00 18500 FR 2NDROW 0105 R7 75 150 1.0000 0 1.0000 PS 250,000.0 1.DO LT 1.00 250,DOO.01 25000 512E OTAL MARKET LAND DATA 865,00 OTAL PRESENT USE DATA hops:lltax.brunsco.netritsnettAppralsaiCard.aspx?parcel=233MA00101 &TaxYear=2020 111 Appraisal Card BRUNSWICK COUNTY 9/9/2020 6:38:55 PM WPT LLC Return/Appeal parcel: 233MA001 Notes: 710 57TH PL W OK PLAT: UNIQ ID 00000/00000 95873 0162110 ID NO: 203620816123 BRUNSWICK COUNTY (100), DOSHER HOSP TAX (100), OAK ISLAND (100), OAK CARD NO. 1 ISLAND FIRE (250) of 1 eval Year: 2019 Tax Year.L-12-18 B-120&120A 1.34 ACRES PLAT 6/119 7.0000 LT SRC= Inspection 020 ppralsed by 66 on 09/30/2019 C322 OAK ISLAND TW-03 Cl- FR.- EX- AT- LAST ACTION 14 OB 20190930 CONSTRUCTION DETAIL MARKET VALUE DEPRECIATION CORRELATION OF VALUE - oundatlon - 5 Eft. BASE Standar 0.70000 read Footing 6.0 USE MOD Area UA RATE RCN EY8 AY8 REDENCE TO MARKET ub Floor System - 3 21 07 4,019 95 90.25 136271611972119721 % GOOD 130.0 )EPR. BUILDING VALUE - CARD 108,82 lab Ab Grade 12.00 -TYPE: RESTAURANT/CAFETERIA COMMERCIAL CONST. )EPR. OB/XF VALUE - CARD 28,68 4ARKET LAND VALUE - CARD 473,00 xterlor Walls - 09 ood on Sheathing or Plywood 19.0 STYLE: 1 - 1.0 Story OTAL MARKET VALUE - CARD 610,50 oanng Structure - 08 TOTAL APPRAISED VALUE - CARD 610,50 TOTAL APPRAISED VALUE - PARCEL 610,50 ood Truss 8.00 oofing Cover - 03 omposition Shingle 4.0 nterior Wall Construction - 4 TOTAL PRESENT USE VALUE - I ood Panel 6.00 to N ARCEL DTAL VALUE DEFERRED -PARCEL nterior floor Cover - 14 ar et 7.00 TOTAL TAXABLE VALUE - PARCEL $ 610,50 eating Fuel - 04 lectric 1.00 PRIOR eating Type - 09 BUILDING VALUE 402,71 eat Pump Only 6.0 I BXF VALUE 786,64 ND VALUE 473,00 it Conditioning Type - 03 entrat 6.00 11 LAI N RESENT USE VALUE EFERRED VALUE ommerclal Heat & Air - 1 one 0.00 it u OTAL VALUE 1,662,350 tructural Frame - 03 asonry 12.0 elling & Insulation - 02 PERMIT of Suspended - Ceiling Insulated 3.0 41 ll verage Rooms Per Floor - 3 CODE I DATE I NOTE I NUMBER AMOUNT very a Rooms Per Floor 0,0 K # alf-Bathrooms OUT WTRSHD: AS - 0 FUS - 0 LL - 0 SALES DATA lumbing Fixtures FF. INDICATE .OD 5.0D W 91 11 111 IQ RECORD ATE DEED TYPE SALES PRICE ffice BOO AGE MO R AS - 0 FUS - 0 LL - 0 N A N ' 4335 971 3006 1376 2711 318 0991 723 0867 043 3 12 12 7 12 D20 009 007 1994 1991 GW WD WD WD WD A U U U U V I V I V 75900 49954 69104 DTAL POINT VALUE 95.00 BUILDING ADJUSTMENTS arket Design 05 1.00 1.000 on-5td Wail 8 Non-Std Wail 0.960 el ht Hei ht 11 iff uall 3 Avera a 1.000 ize Iz 51ze 1.040 onstrurtlon 05 1.06 1.000 actor BUILDING AREA 2,918 DTAL AOIUSTMENT FACTOR 1.000 NOTES DTAL QUALITY INDEX 9 Click on image to enlarge BLUE WATER PT RESTAURANT ST96280 SUAAREA D DESCRIPTION COUNTLTH H NIT UNIT PRICE ORIG % COND BLDG# AYB EYE ANN DEP RATE V % COND OB/XFDEPR. VALUE 1 OCK FLOATING) OCK FLOATING) SPHALT PAVING ULK HEAD 2 53 4 17 9,39 53 25.4 25.0 1.2 200.0 6 6 6 1 1 _ 198 198 197 1985 198 198 197 198 5 S 5 S 2 2 2 4 12 52 234 2568 TYPE CS 25 AS 83 ST 83 25 FB 28 DD 76 ]REPLACE 12 DTAL OB XF VALUE 28,676 UBAREA 4,86 362,7I OTALS WLDING DIMENSIONS OAS=W7OS35E46E24N13EIONIOW6N12Area:2458;WDD-W14S59ESON14W66N45Area:1750;SFB-S10E46NIOW46Area:460;FST=S10E20N14W20Area:20 0•TatalArea:4868 NO INFORMATION HER 3USTMENTS AND LAND TOTAL IGHEST AND USE LOCAL FRON DEPTH LND CONDTES OA UNIT LAND UNT TOTAL ADJUSTED LAND OVERRIDE LAND EST USE CODE ZONING TAGE DEPTH SIZE MOD FACT AC LC TO OT [RF TYPE PRICE UNITS TYP ADJST UNIT PRICE VALUE VALUE NOTES AR[NA LNP 0781 CR 115 465 1.0040 0 2.2000 PS 215,000.0 1,00 LT 2.20473,000.0 47300IZE DTAL MARKET LAND DATA 473,00 DTAL PRESENT USE DATA https:lltax.brunsco.netriitsnettAppralsaiCard.aspx?parcel=233MA001 &TaxYear--2020 1I1 IlI III f�� �lilF ��IIII III l II � M aaRn ,� OP Brunswick County, WC Register of Deeds page 1 of 4 Brenda M. Clenwons Register of Deeds 03-28-2020 12:48:17.880 Brunsvick County. NC NC REVENUE STAMP:t`S46M•00 (k078820) T\ clPM'e'ex5�`/J� i-YID � "(; L'LI1.[� Ck#l��p- Cash$ . - __.-- f',,-i m-j of document we illegible due to condition of Gny:n11. • 7:rvrent contains SOWS verified by origsnal :n .Nrecvrt that MMt he feprodUced or copied. NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax•$ T°aw- Parcel Identifier Nos. 233MAOOI and 1 9L VejjW by Brunswick Counly on the day of 0020 By: IhIs btstrument prepared by a ffeesre+d North Carolina Anomey. De!luquenf taw, ffany, to be paid by the darhrg attorney to the Brunswick County Tax CoMedor OH dlrbnrneowd of clwh+gPnm"&, Prepared by & MaiVRox to: The Law Offices of James Kelly Somers, PLLC, PO Box 262, Oak Inland, NC 28465. WITHOUT OPINION ON TTTLE Brief description for the Index: BLUEWATFR POINT MARINA AREA and GRANTOR GRAN 13WPT, LLC Bluewater Point, LLC 1305 Trinity Avenue 3411 Healey Drive, Suite A High Point, NC 27260 Winston Salem, NC 27103 Enter in appropriate block for each patty_ name, address, and, if appropriate, character of wtity, a g. co Taratiou or partnership. The designation Grantor and Grantee as used herein, shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in Brunswick County, North Carolina and more particularly described as follows: BEING ALL OF "EXHIBIT A" attached. The property hereinabove described was acquired by Grantor in Deed Book 3006 at Pages 1373 and 1316, respectively. The property hereinabove described is not the primary residence of the Grantors 20 of 58 291 I1���i�1H{I1lilit�l�INIIF Br nda �Cl saoM-"PROP Brunswick County, Register of Deeds page 2 of 4 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 the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawfW claims of all persons whomsoever, other than the following exceptions: Any and all easements and public and private utility or rights of way of record or otherwise affecting said property. Ad valorem taxes for current and subsequent years. Subject to all applicable Restrictions, Limitations and Reservations of record and as amended and supplemented from time to time. IN WiFNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written. e -GL0-�A Z SEAL SEAL CARL F. HICKEY, JR, MAVAGER H. DEAN SINK., MANAG STATE OF NORTH CAROLINA COUNTY OF C-WtFi+� 1, - a Notary Public for said County and State, do hereby certify that '4 MwRr, w.ti either being personally known to me or proven by satisfactory evidence, personally appeared before me this day, and acknowledged the voluntary due execution of the foregoing instrument by helshe/them for the purposes stated therein. sand and notarial seal, this eday of 6bt. w.f ^, 2020 Notary Pub ' signature I c Mta`C1Ly C. QAtaCEf— Notary Public printed name My Commission Expires: 10. 21 of 68 STATE OF NORTH CAROLINA 11111111 Jillrri�irliiii i�i �i ji Br� fl, Cl B: �PRROOP COUNTY OF Brunswick County, NC egleter of Deeds page 3 of 4 1, , - a Notary 'Public for said County and State, do hereby certify that CIVI �', either being personally ]mown to me or proven by satisfactory evidence, personally appeared befog me this day, and acknowledged the voluntary due execution of the foregoing instrument by heftelthem for the purpo stated therein. WITNESS my hand and notarial seal, this !day of 2020 No Public signature k MES KELLY SOMERS ry Pu41ic. North Catokina BrunswickCounty Notary Public printed name y Commission ExpiresJuno 08. 2022 Seal) My Commission Expires: !~ 22 of 58 009 �V. ��01k�111;lkr o f 000" pff'o"r� PROP EXHIBIT A Smithville Township Brunswick County North Carolina Tract 1 r Parcel No. 233MAOOI BEING an undivided iruerest in and to the following described property: All of those Lots or parcels of land on Long Beach, North Carolina, known as Lots 12, 13, 14,15,16, 17 and I8, according to a redivision of Blocks 120 and 120-A according to a map by Mai. Laughlin, Registered Surveyor, dated February 1962, which Map is duly recorded in the Oloce of the Register of Deeds of Brunswick County, North Molina in Map Book 6 at Page 119, the above referred to lots having the metes, bounds and loon as shown on said map, including all appurtenances thereto. Together with the Grart&s rights m and to the adjoining warms, together with piers therei , day beacons, wharfs and dockage. For back reference me DB 991-723, Brunswick County Registry, Tract 2: Parcel No. 233MA00101 BEING all of lots 1, 2 and 3 of Block 123 as recorded in Map Book 2% at Page 182 through 189 in the Office of the Register of Deeds for Brunswick County, North Carolina, including all appurtenances thereto, For back reference see DB 991-723. Brunswick County Registry. Tract 2A: Parcel No. 233MA00101(See DB 1079-969 for combination) Being all of lot 15 of Block 121 according to a map of Long Beach, North Carolina made by H. R. Hewett, Surveyor which map is duly recorded in Map Book 2% at Page 192 through 189 in the Office of the Register of Dada for Brunswick County, North Caroline, said lot having the metes, bounds and location as shown upon said map. For back reference see DB 1069-285, Brunswick County Registry. Tract 2B: Parcel No. 233MA00IOI (See DB IM969 or combination) BEGINNING at a point where the northern edge of Ocean Drive is intersected by the western edge of Gaston Sheet•, runs thence in a westwardly direction and with the norther edge ofOcean Drive 75 feet to a point, runs thence in a narthw=ity direction and parallel with Gaston Sheet 150 fat to the mxthetn edge of Sbsllotte Avenue; runs thence in an eastwardly direction and with the southern edge of Shalltte Avenue 75 feet to the western edgeofGaston Street; ems theaceio asorthwardlydirectionwiththe western edge of Gaston Shad 150 feet to the place and point of BEG[I MG, the same being Lot No. 1 and the eastern one-half of Lot No. 2 in Block 124, according to a map of Long Beach trade by H. IL Hewett, Surveyor which snap is duly recorded in Map Book 2K at Page 182 through 199 in the Office of the Register of Deeds for Brunswick Cow W, North Carolina. 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BISER Secretary BRAXTON DAVIS Director December 2, 2021 MEMORANDUM: �nEQ NORTH CAROLINA Environmental Quality FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.lucka-NCDENR.gov SUBJECT: CAMA Applicant: Biuewater Point, LLC Project Location: At the end of 57i" Place West adj. to Montgomery Slough/Eastern Channel in Oak Island, Brunswick County. Proposed Project: The applicant proposes tore -develop and expand the existing open water marina for a total of fifty (50) boat slips and re -grade the existing upland parking area. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by December 29, 2021. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7266 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. 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. PRINT NAME AGENCY SIGNATURE DATE D EQ North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 NORTH CAROLINA - Wpae e t of en.troome W Wal;� /� 910.796.7215 Major Permit Fee Schedule Project Name: �- County: 11 Flp Check No & Amount: DCM % DWQ % Development Type Fee (14300160143510009316256253) (2430016024351000952341) I. Private, non-commercial development that does not involve the filling or $250 o 100 /o ($250} 0 0 /o ($0) excavation of any wetlands or open water areas: II. Public or commercial development that does not involve the filling or excavation $400 100% ($400) 0% ($0) of any wetlands or open water areas: III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C, or D below applies: III(A). Private, non-commercial development, if General Water Quality $250 100% ($250) 0% ($0) Certification No. 4175 can be applied: III(B). Public or commercial de to ent if General Water Quality Certifiq ion $400 100% ($400) 0% ($0) No. 4175 can be applied: III(C). if General Water Quality Certification No. 4175 could be applied, but DCM staff determined that additional $400 60% ($240) 40% ($160) review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: III(D). If General Water Quality $400 60% ($240) 40% ($160) Certification No. 4175 cannot be applied: IV. Development that involves the filling and/or excavation of more than one acre $475 60% ($2$5) 40% ($190) of wetlands and/or open water areas: -I Ell, O APPROX. UMR OF BEA 9 — 8 \ ATRACT HIN A--1 4M SFEC TRACTA--16,4205E TRACTSB&C--34,M0SF — EXISTINGBUAWRHINTHE]5'AEC TRACT A--9100 SF (55%) 0 _ TRACT TRACTS68C--91803E (27.6%) EXISTING BHA WRHIN LEWVEG BUFFER us L TRACTA--22355E 2 �T l� TRACTSB&C--46,55SF esawEs � TRACTATOTALBUA OLD PARKING LOT--19WSF 3, ¢''Ell I x o .....resRT �•- - — o o TRACTSBBCTOTALBUA EXISTING PAR KING LOT, EXISTING BUGGINGB REMANENT BUILDING PAD --24,930 SF TOTALEXISTING BUA-44,980SF raiaarenouwsren �� wpxpp / iasawEs � / / rvs au�rvs ,, xn 1 2/ 5 i 6 ] ��B TR.O.CiT Cx • 151413 12 11 10 B /P/ m T42&T A _ f � f O� �I 6DOLPHIN ` 1 °l `SEA— WEST DRIVE 60 PAw INGIT—DF-wuAr o wF AL LF 10 cn LDT 11 E°ASTERN W a � A IM.6 ,12' 69Im � Ln IN 2` o J w T __T —1 I I I I I I I I EAST BEACH DRIVE 60PFNATE RIGRT-DF- SEEN N, PHYSICAL SURVEY FIX ISENHOUR HOMES WEST L G BE H OPH ISE`RD. SMIWU-E TOWNSHIP BRUNSWICK C NN, NORiH CPRIXINA ., INC, C-216D AUECN W OAK ISLAND C TAK CEL / Mnoolm V C S .3 AKI -111 TA%PARPARCEL y2 2J1M0A01 ..... s .uxsco [ex x. xe�