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HomeMy WebLinkAbout100-21 Beacon St Development CoPermit Class NEW STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Fermat for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Beacon Street Development Company LLC., PO Box 6474, Raleigh, NC 27628 Permit Number 100-21 Authorizing development in Beaufort County at adj. to Pantego Creek, at 202 Water Street, in Belhaven —,as requested in the permittee's application dated "Rev 4/23/21", including attached workplan drawings (7), Sheet 0.0 dated "Rev 4/23/21" and Sheets 1.0 — 6.0 all dated 4/23/21. This permit, issued on August 10, 2021 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation )r these terms may be subject to tines, imprisonment or civil action; or may cause the permit to be null and void. Residential Marina 1) This permit authorizes only the docks, piers, kayak launches and day dock, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application No other structure, whether floating or stationary, shall become a permanent part of this residential marina without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 2) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2024 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chair of the Coastal Resources Commission Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee r Beacon Street Development Company LLC. Permit No. 100-21 Page 2 of 5 ADDITIONAL CONDITIONS 3) This permit authorizes a maximum of 40 formalized boat slips located as shown on the drawing labeled "4.0". 4) Prior to the occupancy of any new slips authorized under this permit, a marine pumpout sewage disposal facility shall be installed in an easily accessible location and maintained in operable condition for the life of the marina. 5) Prior to the occupancy of any slips authorized by this permit, the permittee shall meet on -site with a representative of the Division to ensure that the required pumpout facility is in place and operable. 6) The residential marina shall display a sign showing the location of the on -site pumpout facility, including other appropriate waste disposal information, at the entrance and exit from the main piers. 7) The authorized covered platforms shall not be enclosed. Any material used on the sides shall not obstruct view and shall be permeable to air and water. Screen or wire on the sides along with benches are permitted. Lattice is specifically excluded from being used under this authorization. 8) The roof of the covered platforms shall not be designed for second story use. 9) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 10) The authorized structure and associated activity shall not cause an unacceptable interference with navigation and shall not exceed the dimensions shown on the attached permit drawings. NOTE: The permittee is advised to complete a comprehensive Marina Plan to address spill response, dockipg rules and presence of a dock master with contact information. This information should be displayed in appropriate areas of the marina facility. Shoreline Stabilization — Bulkhead with Existing Basin Fill 11) The bulkhead shall be constructed in accordance with the alignment depicted on the attached workplan drawings. 12) No open water shall be excavated or filled, even temporarily, outside of the approved bulkhead alignment. 13) The alignment of the authorized bulkhead shall be staked by the permittee and verified by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, shall require the alignment to be re -staked by permittee and verified by DCM within a maximum of 30 days prior to the new expected start of construction. 14) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles, or other suitable materials approved by Division personnel. Beacon Street Development Company LLC. Permit No. 100-21 Page 3 of 5 ADDITIONAL CONDITIONS 15) The bulkhead *shall be constructed prior to any backfilling activities. 16) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 17) This permit does not authorize any excavation waterward of the approved alignment. 18) The fill material shall be clean and free of any pollutants except in trace quantities. 19) Unless altered herein, all backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. 20) No backfill material is to be placed within 30 feet of the normal water level, except that which will be used to backfill the area behind the permitted bulkhead. 21) All fill material to be placed below normal water level shall be confined behind the permitted bulkhead. Upland Development 22) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities associated with the development of the above referenced property, including the 40-lot mixed use subdivision, retaining wall, walkway and boardwalk, and other associated infrastructure, all as expressly and specifically set forth in the attached permit application and workplan drawings. Stormwater Management 23) The Division of Energy, Mineral and Land Resources (DEMLR) has determined this project will require a Stormwater Management permit. The permittee shall receive a Stormwater Management permit from DEMLR prior to the initiation of any construction. Submit this plan to the Division of Energy, Mineral and Land Resources, Land Quality Section, 943 Washington Square Mall, Washington, NC 27889. Any violation of the permit approved by DEMLR shall be considered a violation of this CAMA permit. Sedimentation and Erosion Control 24) An Erosion and Sedimentation Control Plan will be required for this project. This plan must be filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this plan to the Division of Energy, Mineral and Land Resources, Land Quality Section, 943 Washington Square Mall, Washington, NC 27889. 25) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 26) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses or properties. Beacon Street Development Company LLC. Permit No. 100-21 Page 4 of 5 ADDITIONAL CONDITIONS 27) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of any phase of grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfilling activities. Easement 28) The project may require easements for multiple utilities crossing the creek, marsh and State-owned land provided the applicant qualifies for an easement. The permittee shall contact the North Carolina State Property Office at (984) 236-0270 for this determination. General 29) In order to reduce the potential for negative effects on the spawning migration of anadromous fish, no in -water work shall be permitted between February 15 and June 30 of any year without the prior approval of the Division of Coastal Management, in consultation with appropriate resource agencies. 30) If a court of competent jurisdiction determines that a party other than the permittee has legal title to any part of the area approved for development under this permit, this permit shall be null and void as to the area the court determines is not owned by the permittee. This condition shall take effect on the date such court judgment becomes final. In such event, the permittee shall consult DCM prior to initiating or continuing any further development under this permit. 31) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 32) All debris associated with the removal or construction of the permitted development shall be contained within the authorized project area and removed to an appropriate upland location. 33) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: The permittee is advised that if water utilities or new wells are required to service the authorized development, plans and specifications for all new waterlines should be submitted and approved by the Public Water Supply Section prior to the initiation of construction. Furthermore, water supply wells must be approved by the county in which the subject property is located, and local cross -connection requirements may be required. Public Water Supply can be contacted at (252) 946-6481. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General Permit 198000291 (Action ID SAW-2019-00371). NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4175 and assigned the project DWR Project No. 2021-0888.. 4 Beacon Street Development Company LLC. Permit No. 100-21 Page 5 of 5 ADDITIONAL CONDITIONS NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 946-6481 prior to the commencement of any such activity for this determination. The permittee is further advised that many land disturbing activities are not authorized within 50 feet of the normal water level unless specifically exempted by Environmental Management Commission's (EMC) Tar Pamlico River buffer regulations in place at the time of such development. NOTE: An application processing fee of $400 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources. DIVISION OF COASTAL MANAGEMENT Application Processing Notes Applicant: Type: (Check all that apply) New �/ Major Mod _ _ — Permit# _ _ __ Minor Mod __ Renewal Transfer Permit Coordinator: Field Representative: 51qu."s Date Time Message 1+1 n r) h�Cei i n M t I L lbkillk -to ljo141k -�0 gplq(t( - iui►� a 1� Irr�—.�-oK1 �su�s� Scw+��rS J 5 3;10) !owww'$ DCM Coordinator: N +Q_ Permit #: S MAILING DISTRIBUTION SHEET Permittee: �e�r�iowu� fi 6;,el Jo[AAK t� � 6`17e` Agents: �.1.. Q 9YOtat STI�GT row( , n�.rs�431c'�Coc✓t 5 DCM Field Offices Elizabeth City Washington 5�-e— (with revised work plan drawings) Morehead City Wilmington & (OBJECTIONS ) US ACOE Offices: Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffans (NC DOT —Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: Greg Curry (Brunswick, New Hanover) Liz Hair (Carteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Renee Gledhill -Earley at Environmental.Review@ncdcr.gov Public Water Supply: Heidi Cox (WIRO) Clif Whitfield (WARD) �— Marine Fisheries: Kim Harding Jimmy Harrison NC DOT: David Harris Shellfish Sanitation: Shannon Jenkins / Sharon Guptod___ State Property: Tim Walton / Mike Moser P DEMLR/DWR: Sheri Montalvo / Shelton Sullivan Washington: Chris Pullinger-40r Tina Martin - 401 Roger Thorpe-Stormwater' Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Holley Snider-401 (Carteret, Onslow, Pender, Brunswick, New Hanover) Christine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: Maria Dunn (WARO) l (NCDOT) Travis Wilson Natural Heritage Program Rodney Butler I� LPO: till lt;v JClvl 7town 14V(M./t�wt, / Den ■1-1 APPLICATION for Malor Development Permit (last revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicantf Landowner Information Business Name Project Name (it applicable) Beacon Street Development Co., Inc Or Assigns Belhaven Water Street (aka Belhaven Hospital) Applicant 1: First Name MI Last Name James K Wiley Applicant 2: First Name MI Last Name na If additional applicants, please attach an additional pages) with names listed. Mailing Address PO Box City Stale 6474 Raleigh NC ZIP Country Phone No. FAX No. 27628 usa 919.795-3380 ext. - - Street Address (f different from above) City State 21P see above Email jwiley@beacon-sireel.eom 2. Agent/Contractor Information Business Name Lassiter Consulting, LLC, Scott Murray Land Planning Agent/ Contractor 1: First Name MI Last Name Joe Lassiter Agent( Contractor 2: First Name MI Last Name Scott Murray Mailing Address PO Box City Slate 139 S. Dogwood Trail Southern Shores NC ZIP Phone No. 1 Phone No. 2 27949 252-202-3800 ext. 252-213.9501 ext. FAX No. Contractor # Scott Murray Land Planning Street Address (if different from above) City Slate ZIP 274 Botecourt Ct. Boydion VA 23917= Email josephslassiter@gmail.com and smurray@stmllandplan.com <Form continues on back> (RECEIVED APR R 9 2021 252.808.2808 .. 1-888.4RCOAST .. www.neeoasta lmanage ment. net UCM-MHD CITY Form DCM MP -I (Page 2 of 5) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. e Beaufort 202 E. Front St. (akd Water St.) ne Subdivision Name City State Zip na Belhaven NC 27610 - Phone No. Lot No.(s) (if many, attach additional page with W) na- - ext. 1, , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Pamlico Pantego Creek C. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade ❑Unknown Pamlico River e. Is proposed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. Belhaven, NC 4. Site Deacrtption a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 1,021.4 If 176,810.28 at c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal NO water) or see attached Exhibit-MP-1-A, NWL (normal water level) (N many lot sizes, please attach additional page with a list) 4' ❑NHW or ®NW L e. Vegetation on tract warm season turf grasses f. Man-made features and uses now on tract Asphalt parking areas, concrete equipment pads, concrete boat ramp, failing bulkhead g. Identify and describe the existing land uses adjacent to the proposed project site. Town Park vacant lot east of site, former Chamber of Commerce building west of site - both zoned Marine Business h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? .Marine Bussness (Attach zoning compliance certificate, if applicable) ®Yes ONO ❑NA j. Is the proposed activity pan of an urban waterfront redevelopment proposal? ®Yes ONO k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ®No ❑NA National Register listed or eligible property? <Form continues on next page> DECEIVED APR 2 9 2021 252.808.2808 .. 1.888.4RCOAST .. www.nccoastalmanagement. a CITY Form DCM MP (Page 3 of 5) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ❑Yes ®No (ii) Are there coastal wetlands on the site? ❑Yss ®No (iii) If yes to either (i) or (it) above, has a delineation been conducted? ❑Yes ❑NO (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Central sewer provided by Town of Belhaven o. Describe existing drinking water supply source. Town of Belhaven public water system p. Describe existing storm water management or treatment systems. Gravity sheet flow from existing impervious routed through vegetated buffer/wetlands to Pantego Creek + partial runoff captured by onsite BMP's 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Government OPrivate/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Site will operate as a single family residential community with an associated 40 slip open water marina. A possible recombination of 2 +/- lots may serve to accommodate a low -volume restaurant or similar commercial use. 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. Construction of the dwelling units, bulkhead, shoreline walkway, retaining wall and slips will require dump trucks, excavators, front end loaders, concrete trucks, small barge and boats for slip construction d. List all development activities you propose. Construction of 40 residential units with possible combination of 2+/- lots for a single commercial/mixed use, with 40 associated slips, access piers, vinyl bulkheading replacement of existing shoreline bulkhead and construction of an 8' 3" wide access walkway. Walkway lengths are 523 If where located waterward along Pantego Creek 8 393 If where located landward or the replacement bulkhead within Wynne's Gut. An optional low retaining "seal wall" (18" ht. x 790 If) is proposed landward of the constructed shoreline walkway along with an open slatted wood or permeable paver gathering area (600 so at the mouth of Wynne's Gut. Other site development includes the filling of the property to raise the building lots at or near the flood elevation. Landward site development includes the construction of a loop street (18' x 850 If), alley (12'-14' x 190 If), shared lane If 4' x 100 If), connecting wood or concrete walkways (4'-5' x 350 If). Connecting walkways may include (2) 120 sf each shade structures within the AEC. e. Are the proposed activities maintenance of an existing project, new work, or both? Both I. What is the approximate total disturbed land area resulting from the proposed project? 4.06 ❑Sq.FI or HAcres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No DNA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. There will be storm water flow from the impervious surfaces located on the site. An approved storm water management plan will be implemented to minimize impacts. Stormwater management plan is being prepared and will be submitted to DEQ for review and appproval. Impervious surface will decrease in the Tar -Pamlico buffer. Current site plan reduces existing impervious suface by approximately 19%. See attached Email response from Annette Lucas dated 6-13.2019 I. Will wastewater or stormwater be discharged into a wetland? ❑Yes ®No DNA If yes, will this discharged water be of the same salinity as the receiving water? [_]Yes ❑No ®NA viIECEIV 2021 252.808.2808 :: 1-888.4RCOAST :: www.nccoastaimanagement.net DCM-MHD CITY Form DCM MP-1 (Page 4 of 5) APPLICATION for Major Development Permit j. Is there any mitigation proposed? []Yes ®No ❑NA If yes, attach a mitigation proposal. <Form continues on back> 6. Addition/ln/onnatlon In addMlon to this completed applcation form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) - M are always applicable to any major development application. Please consuff the application Instruction booklet on how to property prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. C. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by terrified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project 10 the Division of Coastal Management. Name Town of Belhaven Phone No. (252) 943.3055 Address P.O. Box 220 Belhaven, NC 27810 Name COOPER DURWARD LANCE JR Phone No. 252-796-930 Address 38 E. Bay St. Belhaven, NC 27810 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permlhee, and issuing dates. NCDENR SW 7970810 h. Signed consultant or agent authorization form, if applicable. I. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1.10). if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 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. 1 certify that I am authorized to grant, and do in fad 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 February 2, 2021 updated 4-23-2021 Print Name James . Wiley, President Beacon S t Development Co., Inc. Signature RECEIVED Please indicate application attachments pertaining to your p osed project. 2()21 ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts APR 2 9 CITY 252.808.2808 .. 1.888.4RCOAST .. www.necoastaimanagement.net Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given In feet. Access Other Channel (NLW or Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater (excluding shoreline NWL) stabilization Length no dredging Width no dredging Avg. Existing 4' to 7.0'+ NA NA Depth Final Project Depth 4' to 7.0'+ NA NA a. Amount of n cubic yards. or NWL in b. Type of material to be excavated c. (i) Does the area to be excavated include coastal wellands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ❑None (ii) Describe the purpose of the excavation in these areas: 2 area. MATERIAL C. (I) Do you claim title to disposal area? ❑Yes []NO (INA III) If no, attach a letter granting permission from the owner. e. (i) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SS ❑WL []None (it) Describe the purpose of disposal in these areas: ®This section not appl cable d. High -ground excavation in cubic yards. ®This section not applicable b. Dimensions of disposal area. d- (i) Will a disposal area be available for future maintenance? []Yes ❑No []NA (ii) If yes, where? I. (i) Does the disposal include any area in the water? []Yes ❑No ❑NA (it) If yes, how much water area is affected? RECEIVED APR 2 9 2021 0CM-MHD CITY 252-808.2808 :: 1-888-41IRCOAST :: www.nccoastalmanagement.net revised: 1246106 Form DCM MP-2 (Excavation and Fill, Page 2 of 3) 3. SHORELINE STABILIZATION ❑This section not applicable (if development is a wood groin, use MP-4 — Structures) a. Type of shoreline stabilization: b. Lenoth: 1.024 as measured at T offset from ecistino bulkhead ®Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: _ Width: 2' c. Average distance waterward of NHW or NWL: 2' (total lengith at 7 d. Maximum distance waterward of NHW or NW L: 2' offset = 1,024 8) e. Type of stabilization material: Vertical wall vinyl sheet pile bulkhead Number of square feet of fill to be placed below water level. Bulkhead backfill 2,048 st Riprep Breakwater/Sill Other See Item 3.f for backfill of eroded areas behind existina bulkhead (3,092 st). See Item 4.a below for ramp removal fill (610 sit and inset slip removal fill (1.000 at), See Sheep 3.0 for detail and estimated volumes of reposed fill below NWL i. Source of fill material. From an approved uplands source. I. (i) Has there been shoreline erosion during preceding 12 months? ®Yes ❑No ❑NA (ii) If yes, state amount of erosion and source of erosion amount information. In areas where existing bulkhead has failed erosion is oocuring Approximately 3,092 sf total (108 cy below NWL + 344 cy +/- above NWL) measured during April 2021. Likely cause is water level fluctuations and storm flooding and normal runoff. Bulkhead may be raised up to 12'-18" over current elevation (optional). h. Type o1 fill material. A clean earthen fill 4. OTHER FILL ACTIVITIES [3 This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ®Yes [:]No ❑NA b, (i) Will fill material be placed in coastal wetlands/marsh (CW), If yes, (ii) Amount of material to be placed in the water Fill of Existina Boat Ramp (610 sf / 45 cy below NWL) and fill of inset doostabID (1 000 sf1111 cv below NWL). Both Areas to be behind proposed bulkhead. (iii) Dimensions of fill area 44V x 45W +h (4) acres See Sheet 3.0 for Proposed site aradino (M Purpose of till Excluding the proposed fill required for backfill of bulkhead and eroded areas, ramp 8 inset slip as noted above, additional on -site fill of will be used to elevate lots and provide for positive sheet flow drainage across entire 4 acre site. Added fill will help to elevate lots and homes above the 100 yr, base flood elevation of 5.9. None of this fill will be placed within the wafers of Pantego Creek or Wynne's Gut. Total maxfmumm site fill will be 14,805 CY +/-. This fill includes 176 cy for the backfill of the low retaining wall if constructed vssloping that limited area at a 4:1 +/- slope. All site fill other than that required for bulkhead, bmp's and ramp backfill is optional and will be determined by availability and cost. 5. GENERAL submerged aquatic vegetation (SAv), shell oottom (tits), or other wetlands (Ili If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV _ ❑SB OWL ®None (ii) Describe the purpose of the fill in these areas: RECEIVED APR 2 9 2021 DCM-MHD CITY 252-808.2800 :: 1-8884RCOAST :: vv w.nccoastalmanaeement.net revised: 12126r06 Form DCM MP-2 (Excavation and Fill, Page 3 of 3) a. How will excavated or till material be kept on site and erosion b. What type of construction equipment will be used (eg., dragline, controlled? backhos, or hydraulic dredge)? A Sedimentaton and Erosion Control plan will be prepared and dump trucks, grader, front end loader. approved. Preliminary plan attached showing construction entrances, silt fences and temporary sediment basins. c. (1) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA Ili) If yes, explain what type and how they will be implemented. February 2, 2021 updated 4-23-2021 Date — Belhaven Water Street Project Name Beacon Street Development Co., Inc. Applicant Name James K. Wiley, President Applicant Signature d. (i) Will wetlands be crossed in transporting equipment to project site? ❑Yes ®No ❑NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. na RECEIVED APR 2 9 2921 DCM-MHD CITY 252-805-2808 :: 1.888.4RCOAST :: www.nccoastalmanagoment.pat revised: 12/26/06 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. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. GENERAL UPLAND DEVELOPMENT a. Type and number of buildings, facilities, units or structures proposed. 40 residential lots/units - 2 of which may be combined into a non-residential as allowed by Marine Business zoning. Site development structures include a loop street (18' x 850 IQ, alley (12'-14' x 19010 and shared lane (14' x 100 If), concrete connecting walkways perpendicular to the proposed shoreline boardwalk (5' x 160 If +/-), two shade structures related to the connecting walks (10'x12' each), concrete or permeable walkway parallel to the Pantego Creek boardwalk (4' x 240 If +n optional low retaining "seat wall" (18" ht. x 790 If), concrete hog slat or PTSP (pressure treated southern pine) wood landside walkway behind new bulkhead along Wynne's Gut (8'-T x 393 If), permeable paver or wood gathering area at the mouth of Wynne's Gut landward of the new bulkhead (600 sf +/-) C. Density (give the number of residential units and the units per acre). 40 units @ 4.06 acres equals 9.85 units/acre e. It 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 Division of Land Resources? []Yes ®No ❑NA (it) If yes, list the date submitted: being prepared b. Number of lots or parcels. 40 lots d. Size of area to be graded, filled, or disturbed including roads, ditches, etc. 4.06 acres I. List the materials (such as mad, paver stone, asphak, or concrete) to be used for impervious surfaces. asphalt, concrete, marl and aggregate base course (ABC), pavers and rooftops g. Give the percentage of the tract within the coastal shoreline AEC to h. be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 14.2% within the 30' AEC (reduced from 28.4% existing ISA) 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. approimately 49.4 % (reduced from 68.7% existing ISA) j. Describe proposed method of sewage disposal. Central sewer from Town of Belhaven Projects 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 Quality for review? []Yes ®No ❑NA (ii) If yes, list the date submitted: see attached Stormwater Management Plan Sheet 3.0. Stormwater Management Narrative and Mitigation. DECEIVED Have the facilities described in Item (i) received state or local approval? ❑Yes ®No ❑NA APR 2 9 2021 DCM-MHD CITY 252.808.28082:: 1-888-4111COAST :: vvww. nccoasta/management. net revised: 12/26/06 Form DCM MP-3 (Upland Development, Page 2 of 2) I. 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). Runoff of rainwater from impervious surfaces including roads, parking and rooftops. Stormwater design is proposed to include a 19 % +/- reduction in impervious surface and may include other innovative stormwater measures (See Preliminary Stormwater Management Plan and Stormwater Management Narrative) m. Describe proposed drinking water supply source (e.g., well, community, pudic system, etc.) Town of Belhaven public water supply o. When was the lol(s) platted and recorded? see attached deed. February 2, 2021 updated 4-23-2021 Date Belhaven Water Street Project Name Beacon Street Development Co., Inc. Applicant Name James K. Wiley, President Applicant Signature n^^^/ 1/ , „ / If yes, attach appropriate documentation. m. Does the proposed project include an innovative stormwater design? ®Yes ❑No ❑NA It yes, attach appropriate documentation. n. (i) Will water be impounded? []Yes ®No []NA (n) If yes, how many acres? P. It proposed development is a subdivision, will additional utilities be installed for this upland development? ®Yes []No ❑NA DECEIVED APR 2 9 2021 DCM-MHD CITY 252-808-2808 :: 1-688-4RCOAST :: www.n_ccoastelmsnagem% nt.net revised: 12/26106 Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP -I. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: ❑Commercial ❑PublirJGovernment ®Private/Community c. (I) Dock(s) and/or pier(s) (ii) Number 2 boat docks 1 day dock. (III) Length boat piers are 197'. 2D8. 52' day dock (iv) Width 8' T walkway - see plan for overall dimensions (v) Floating OYes []No e. (i) Are Platforms included? OYes ❑No If yes: III) Number 7 (III) Length 111 at west end 18' x 22'. (2) at ends of both piers 10' x 12' + 01 at day dock 18' x 22' + (21 16' x 20' kayak Boats + (1) 10' x 20' kayak float (iv) Width varies 10' - 22' (v) Floating OYes ONo Note: Roofed areas are calculated from ddpline dimensions. g. (i) Number of slips proposed 40 (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 OOpen water; no dredging required ❑Other; please describe: k. Typical boat length: 22' ❑This section not applicable h. (i) Will the facility be open to the general public? ❑Yes Onto d. (I) Are Finger Piers included? OYes []No If yes: (11) Number (20) Tx 24' & (4) 6' x 24' end tees (III) Length 24' (Iv) Width T and 6' lend tees only) (v) Floating ❑Yes ONo f. (I) Are Boatlihs included? OYes ❑No If yes: (ii) Number 02 and 8 for total of 40 (optional a owner's discretion (iii) Length 12.5' and 14' respectively IN) Width 12 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 O Dockage ('Wet slips') only, number of slips: 40 welslips with boat lift options ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: O Other, please describe: day dock + kayak launch along each tier access walk I. Descnbe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). Open tower boats approx. 16 to 26' DECEIVED APR 2 9 2021 0CM-MHD CITY 252-808.28118 :: 1.888.4RCOAST :: www.nccoastalmanagernent.net revised: 12127/06 Form DCM MP-4 (Structures, Page 2 of 4) m. (i) Will the facility have lie pilings? ®Yes ❑No (if) If yes number of lie pilings? 166 max if all slips have lifts (4 read per lift) This does not include the piling required for walkway. platform & kayak construction or (6) oiling required for kayak floating sections. (i) Will the facility be open to the general pudic? OYes ®No 2. DOCKING FACIUTYMMARINA OPERATIONS ❑This section not applicable a. eneck seen or the twowing sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: ; Location: ❑ Showers M Boatholding tank pumpout; Give type and location: Portable on dock or optional pump out station as shown on Wynne's Gut boardwalk b. Describe treatment type and disposal location for all sanitary wastewater. Pump to Town of Belhaven central sewer system c. Describe the disposal of solid waste, fish offal and trash. No fish offal. Trask collected by Town of Belhaven d. How will overboard discharge of sewage from boats be controlled? Boats will be too small for live aboard. No overnight stays allowed. e. (i) Give the location and number of "No Sewage Discharge' signs proposed. one posted centrally at marina boardwalk (if) Give the location and number of "Pumpout Available" signs proposed. One at central location adjacent the Day Dock 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? na h. Give the number of channel markers and "No Wake" signs proposed. 3 i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. One will be placed at the end of each dock j. What will be the marina policy on overnight and live -aboard dockage? not allowed RECEIVED APR 2 9 2021 DCM-MHD CITY 252-808-2605 :: 1.888-4RCOAST :: www.-necoastalmanaggment.net revised: 12147106 Form DCM MP-4 (Structures, Page 3 of 4) k. -,,--up, inrabur" mar promote boat basin flushing? The marina is proposed in open water will no dredging or man-made restriction to natural water flow. 1. If this project is an expansion of an existing marina, what types of services are currently provided? na M. Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes ®No n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? Dyes ®No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WQ? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑Sa _ OWL ®None P. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes ®No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. na 3. BOATHOUSE (hdludkV covered lifts) ®This section not appfrcaNe a. (i) Is the boathouse structures): ❑Commercial ❑Publin/Government ❑Private/Community (it) Number ` (ift) Length (iv) W dth Note: Roofed areas are calculated from ddpline dimensions. 4. GROIN (e.g., wood, sheelpile, etc. If a rock groin, use MP-2, Excavation and F10) ®This section not aWkable a (i) Number (ii) Length (iii) Width 5. BREAKWATER (e.g., wood, sheisoile, etc.) ®This section not applicable a. Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW. NWL or wetlands B. MOORING PILINGS and BUOYS MThls section not applicable a. Is the struciure(s): b. Number ❑Commercial ❑Public/Government ❑Private/Community RECEIVED APR 2 q 2021 252.808.2808 :: 1.888.4RCOAST :: www.nccgstalmaget.net TM a revised: 12:27106 Form DCM MP-4 (Structures, Page 4 of 4) c. Distance to be placed beyond shoreline Nore: This should be measured from marsh edge, if present. e. Arc of the swing _ 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines 50' a Note: For buoy or mooring piling, use arc of swing including length ofvessel. c. Width of water body 2,000' Panteoo Creek, Wynne's Gut varies 50' to 96' e. (i) Will navigational aids be required as a result of the project? ❑Yss ®No ❑NA (ii) It yes, explain what type and how they will be implemented. no excavation or marina channel proposed d. Description of buoy (color, inscription, size, anchor, etc.) b. Proximity of structure(s) to adjacent docking facilities. 70' in Wynne's Gut to proposed day dock d. Water depth at waterward end of structure at NLW or NWL 5.0' to 6.0' dependin0 on Pier location. 8 OTHER ®This section not applicable a. Give complete description: February 2, 2021 updated 4-23-2021 Date Beacon Street Development Co., Inc. Project Name Belhaven Water Street Applicant Name James K. Wiley, President Applicant Signature riECEIVED APR 2 9 2021 0CM-HAND CITY 252.808.2808 :: 1-888-4 RCOA57 :: www.nc5oas;elmenaBement,net revised: 12127t08 Bodnar, Gregg From: Howell, Jonathan Sent: Tuesday, August 10, 2021 8:51 AM To: Bodnar, Gregg Subject: RE: Beacon St. (Pantego Hospital) Sounds good. Anything for the weekly update for the Secretary? Jonathan Howell Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 ex.204 - office Jonathan. HowellOncdenr.gov 400 Commerce Avenue Morehead City, NC 28557 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Tuesday, August 10, 20218:36 AM To: Howell, Jonathan <jonathan.howell@ncdenr.gov> Subject: Beacon St. (Pantego Hospital) Morning Jonathan, It has been since last Wednesday (8/4) that I asked Bill Moore about the comments he had (exempt) vs. Samir's comments requiring a NPDES and marina SW permit with a post construction review for redevelopment. I have not heard anything from Bill. Can I use the condition in the draft (highlighted) and put the burden on the applicant to make sure SW is good? If so I can get this out today, Gregg GWiif6f�el d IRYIAHt�J� QuS� i Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 2S2 BBB 28M ext 21S (Office) Gre .Bodnar ncdenrgo_v Email correspondence to and from this address is subject to the North Carolina Public Records Law and maybe disclosed to third parties. DIVISION OF COASTAL MANAGEMENT APPLICATION IIIANSMITTAL AND PROCESSING RECORD APPLICANT: Beacon Street Development Co., Inc. COUNTY: 8ear jrrt RECEIVED PROJ ECTNAMI'i: Belhaven Water Street (aka Be/hoven Hospital) LOCATION Ol' PROJECT: 202 E. Front Street 13clhaven NC, 27810 APR 2 9 202' DATE APPLICATION RRCE1VED COMPl,l; l,E fly FIELD: 4-26-21 FIELD RECOMMENDATION: Attached: No 'I'o Be Ironvardcd: Yes DCM-MHD CITY FIfiLD RIiPRL'SC:N'I'A'!'IVI1. Stap/es ✓�1/ DIS'I'RIC'1'UI�I:ICI:: Waahfn ton DISTRICT MANAGER REVIEW: Date 7O� B) DATE RECEIVED BY MAJOR PERMIT'S UNIT': — 11df: RIiC'D: S400 (60/IU) # 4271 APPLICATION ASSIGNED TO: Bodnar PUBLIC NOTICE REC'D: 5-1-21 END 01: NOTICE' DATE: 5-21-21 ADJ. RIP. PROP NOTICES REC'D: DEEU RIi—� 2 C'U: Yes C) 75 DAY DIiAUI.INE: 7-10-21 / _ 150 DAY DEADLINE: I IOI.US: EMAIL, OUT DATE: 4-29-21 STATE DUE DA'1'f:: Clir•k ur tap to cntn' a dote. PERMITFINAL, ACTION: ISSUE DENY AGENCY DATE NOTES COMMENTS 013JIiC'I'IONS: RET•URNEU YIiS NO DCM - Field Rep Z3 II ,, � DCM - 1-UP Consistency Determination 5/3 b o» Local Permit Officer SK — ptSr Corps of Engineers - Regulatory [lranch L 7f'/ -` K Zo l4 -oo37 nwR -- ao 1 section DWR- PublicWaterSupply S — 0ZA""c*S 2L If P05 UEMI,R- Stormwatcr s�tZ�L( DEM1,11 - Scd and Erosion 5 DOA - State Property Office L 5�1 wrK L ( x Wildlife Resources Commission (,(s � nMF - Shellfish Section � DMF -- Habitat & Enhancement a DNCR - Archives & I listory Zj DNCR - Natural l Icritage Program NCUO-f NC Dept of' Commerce 1 3o MEMORANDUM RECEIVED TO: Gregg Bodnar AUG 3 2021 FROM: Shane Staples DATE: August 2, 2021 SUBJECT: Belhaven Water Street (Beacon Street East) MP SECTION MHD 202 East Front Street, Belhaven, Beaufort County Lassiter Consulting, LLC and Scott Murray Land Planning on behalf of Beacon Street Moss East, LLC has submitted a CAMA Major Permit application for construction of a bulkhead, basin backfill,, 40 lot single-family residential subdivision, 40 slip (including uncovered boat lifts) marina consisting of three piers, three floating platforms, community pier with platforms (both covered and uncovered) and a boardwalk immediately waterward of the proposed bulkhead. The project site is located at 202 East Front St. in the Town of Belhaven on Pantego Creek in Beaufort County, North Carolina. Staff has reviewed the proposed project with regard to rules found in Subchapter 7H concerning development in Public Trust Water and Public Trust Area. It is staff s recommendation that the proposed project appears consistent with 15A NCAC 07H .0208 as described below. Upland Development/40 lot residential subdivision The proposed upland development is located within the 50' Tar -Pamlico Riparian Basin Buffer Zone enforced by the N.C. Division of Water Resources. The project as proposed is also located within the 30' Public Trust Area of Environmental Concern (AEC). The Tar -Pamlico Riparian Buffer rules take precedence over the Use Standards of the Public Trust Area AEC. Therefore, the Division of Coastal Management will refer all upland development to the N.C. Division of Water Resources as defined in 15A NCAC 07H .0209 (e). Bulkhead and Basin backfill The proposed bulkhead will replace the existing shoreline stabilization which consist of existing but failing bulkhead as well as a bulkhead basin and boat ramp that are proposed to be filled in alignment with the adjacent shoreline bulkeads. The bulkhead is consistent with 15A NCAC 07H. I 105,15A NCAC 07H .0208(b)(7), and 15A NCAC 07H.0208(b)(11). However, the bulkhead must be staked by a representative of the N.C. Division of Coastal Management prior to construction to ensure compliance with the standards. 40-slip marina in Pantego Creek The piers establishing 40 slips located in the Public Trust AEC is consistent with 15A NCAC 07H .0208 (b)(5)(D) which states in part Marinas to be developed in waters subject to public trust rights for the purpose of providing docking for residential developments shall be allowed no more than 27 square feet of public trust areas for every one linear foot of shoreline. The shoreline on this tract measures approximately 1,024 linear feet. The calculated marina impact is 21,820 ft2 which is below the maximum allowable amount of 27,648 ft. The slips and boatlifts are proposed in water depths ranging from 4.0' to 6.5' below normal water level. Boardwalk The proposed boardwalk is consistent with 07H .0208 (b)(5)(D) which states in part "The 27 square feet allocation does not apply to fairway areas between parallel piers or any portion of the piers used only for access from land to the docking spaces;". Staff recommend the following conditions be included in addition to the standards permit conditions if the project is permitted. �L S No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. This permit authorizes only the structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, may become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures may be conducted on, in or over public trust waters without permit modification. The alignment of the authorized bulkhead shall be staked by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, shall require the alignment to be restaked by DCM within a maximum of 30 days prior to the new expected start of construction. Prior to the occupancy of any new slips authorized under this permit, a marine pump out sewage disposal facility shall be installed and operable, and maintained for the life of the marina. The authorized covered platform shall be single story, and shall not be designed to allow for second story use. The authorized covered platform/gazebo shall not be enclosed. Any material used on the sides shall not obstruct view and must be permeable to air and water. RECEIVED AUG 3 2021 MP SECTION MHUD ROY COOPER cererwr DIONNE DELLI-GATTI Sechnary BRAXTON DAVIS Director April 29, 2021 MEMORANDUM FROM: SUBJECT: . Applicant: Project Location: Proposed Project: NORTH CAROLINA Ehvironmenral Quality Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-2473330 (Couner0416 33), gregg.bodnar0ncdenr.gov CAMA Major Permit, Application Review Beacon Street Development Co., Inc 202 East Front Street adjacent to the Pantego Creek Beaufort County Belhaven Propose to develop a 40 lot residential development, upland fill, retaining wall, 40 slips private marina; bulkhead, board walk, kayak launches. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gre-go Bodnar at the address above by,May, 20 2021. If you have any questions regarding the proposed project, contact Shane Staples (252)948-3950 when appropriate, in-depth comments with supporting data is requested. REPLY: X This agency approves of the project only if the recommended changes are incorporated: This development will be supplied with water from the Belhaven Water System (NC0407015). If new water lines will be added that are to be owned or controlled by the Belhaven Water System, engineering plans must be submitted to and approved by the NC DEQ, Public Water Supply Section, Plan Review Unit (1634 Mail Service Center, Raleigh, NC 27699-1634) prior to commencement of site work. Please call the Public Water Supply Section at 919-707-9100 for more information. 001 ITNAM. 9I1fWhitfield AWNG_Y.: _Public Water Supply Section pA[E, _5-3-2021 RECEIVED MAY 3 2021 MP SECTION MHD North Carolina Department ofErwironmental Quality I Division orCoastal Management Washington Office 1943 Washington Square Mall Washington, North Carolina 276891254946.6481 Wllmingtonof8ce 1 127 Cardinal InNe.Extension I Wllmington,North Caroiina28405 I gio796.ni5 i:I E � ) Morehead.City Office 1 40OCommerce Avenue I Morehead City, North Carolina 28557 1252.808.2808 "°""`� Elizabeth City Office 1 401 South Griffin Street.Sulte 300 1 Elizabeth City, North Carolina 27909 1 2512643901. ROY COOPER Govemor DIONNE DELLI-GATTI Secretary BRAXTON DAVIS Director April 29, 2021 MEMORANDUM FROM: SUBJECT: Applicant: Project Location: Proposed Project: NORTH CAROLINA Environmental Quality Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) greoo.bodnara(i7.ncdenr.gov, CAMA Major Permit Application Review Beacon Street Development Co., Inc 202 East Front Street adjacent to the Pantego Creek Beaufort County Belhaven Propose to develop a 40 lot residential development, upland fill, retaining wall, 40 slips private marina, bulkhead, board walk, kayak launches. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greap Bodnar at the address above by May, 20 2021. If you have any questions regarding the proposed project, contact Shane Staples (252)948-3950 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 Christa Sanderford AGENCY NCDMF - Shellfish Sanitation and Recreational Water Quality SIGNATURE L��'au�aa{�uze for Shannon Jenkins DATE 4/30/2021 MAY 3 2021 1VJlP SECTION MHD North Carolina Department of Environmental Quality I Division of Coastal Management D � �R® Washington Office 1943 Washington Square Mall I Washington. North Carolina 27889 1252946.6481 :/ Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 284051 910.796.7215 M+� Morehead City Office 1 400 Commerce Avenue I Morehead City. North Carolina 28557 1252.8082808 Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909 1 252264.3901 ROY COOPER Governor DIONNE DELLI-GATT[ secretary BRAXTON DAVIS Director April 29, 2021 MEMORANDUM FROM: SUBJECT: Applicant: Project Location: Proposed Project: NORTH CAROLINA Environmental Quality Gregg Bodnar, Assistant Major Permits Coordinator NCDEO - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-1643) Greco. bod nar(a)ncdenr.Gov CAMA Major Permit Application Review Beacon Street Development Co., Inc 202 East Front Street adjacent to the Pantego Creek Beaufort County Belhaven Propose to develop a 40 lot residential development, upland fill, retaining wall, 40 slips private marina, bulkhead, board walk, kayak launches. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by May, 20 2021. If you have any questions regarding the proposed project, contact Shane Staples (252)948-3950 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 Rachel Love-Adrick Division of Coastal Management AGENCY SIGNATURE DATE April 30, 2021 I:_: 91 MAY 3 2021 NIP SECTION MHD North Carolina Department of Environmental Quality I Division of Coastal Management Washington Off1ce 1943 Washington Square Mall I Washington, North Carolina 27889 1 25Z946.6481 GJ`)) Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 1910.796.7215 Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 1252.808.2808 V Elizabeth CityOffice 1401 South Grifnn5treep Suite 300 I Elizabeth City, North Carolina 27909 1252264.3901 ROY COOPER Governor DIONNE DELLI-GATTI Secretary BRAXTON DAVIS Dtrecmr MEMORANDUM NORTH CAROLINA EnvJronmentnfQuaWty REGI S Y ED MAY 3 2021 TO: Gregg Bodnar, Assistant Major Permits Coordinator ctt� Division of Coastal Management ILIP SECTION MHD FROM: Rachel Love-Adrick, District Planner, ment ((`11JJ.�``//' Division of Coastal Manage SUBJECT: Major Permit Request Beacon Street Development, Belhaven Water Street Project DATE: April 30, 2021 Consistency Determination: The request is consistent with/not in conflict the Beaufort County Joint Land Use Plan 2006 Update certified by the CRC on January 13, 2010, and amended July 19, 2019. Overview: The project known as Belhaven Water Street, is located at 202 East Front Street adjacent to Pantego Creek and Wynn's Gut in the town of Belhaven, Beaufort County. This property is the former site of the Belhaven Hospital that was torn down. However, most of the impervious surfaces remain such as the parking lot and helicopter pad. The remainder of the upland is maintained lawn and two stormwater ponds that are overgrown; no wetlands are present on the site. The entire shoreline of the property along both Pantego Creek and Wynn's Gut is bulkhead with many sections that are failing. A concrete boat ramp and a basin along Pantego Creek are the only other shoreline features. Water depths along the site range from 4 to 6 feet, but are consistently 4 to 6 feet in the areas of proposed slips/boatlifts. AEC(s) Involved include PTA, EW and PTS. Pantego Creek is an inland water body as designated by the Wildlife Resources Commission and is classified as SC, NSW by the Environmental Resources Commission, and is subject to the DWR Tar/Pam buffer rules. The site is a not a Primary Nursery Area, is closed to shellfishing. No submerged aquatic vegetation, wetlands or shellfish resources are present in the project location. The applicant is proposing to redevelop this property into a residential site with 40 lots, 10,000 cubic yards of upland fill, 40 slips in an open water marina associated piers, replacement of the bulkhead, a boardwalk, gazebos, and kayak launches. Upland development will include 40 residential lots covering 4.06 acres (9.85 units/acre),'2 of the lots may be commercial or mixed use properties such as retail, ship's store, etc. Placement of 10,000 cubic yards of fill in this area is proposed to bring potential lots above base flood elevation of 5.0' above normal water level. The depth of this fill will range from 0.5' to F Q North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 252.8082808 3' in depth crowning in the center of the parcel at +6' above NWL tapering to +4' near the perimeter of the parcel. Two existing stormwater ponds will be filled as part of the upland fill. A 790' upland retaining wall 18" in height would line the property borders along Pantego Creek and Wynn's Gut; this wall would be located an average of8' from NWL up to 35' from NWL. Five roads will service the residential development forming a circle with spur road on the side of the property adjacent to Wynn's Gut and two accesses from streets A and C onto East Water Street. The roads will accommodate two-way traffic and range from 14' to 25' in width. A wooden walkway, 8.25' wide x 120' long, would lead from the intersection of Streets B and C to the boardwalk. Intersecting this wooden walkway, a concrete/concrete paver path 5' wide x 240' long would lead across the property to the east 30' landward of normal water level where it intersects the bulkhead/boardwalk again. A 10' x 12' covered area is proposed at the intersection of the wooden and concrete paths on the western side of the property. A second 10' x 12' covered area is proposed on the eastern side of the property near the intersection of Streets A and B with a short wooden path 8.25' x 15' leading to the boardwalk along Pantego Creek. A boardwalk measuring 8.25' x 392.6' is proposed landward of the bulkhead along the property border with Wynn's gut as well as a PTSP or hog -slat platform measuring 30' x 40' on the peninsula at the intersection of Pantego Creek and Wynn's Gut. A new bulkhead 1,024 in length would be constructed along Pantego Creek and Wynn's Gut 2' waterward of the existing bulkhead with the exception of where it will span the mouth the existing boat basin and boat ramp. The existing basin to be filled measures 25' wide x 40' deep, the existing boat ramp to be filled is 20' wide x 35' deep with 25' recessed approach. Along the majority of the property adjacent to Pantego Creek a boardwalk/pier 8.25' x 523' will be constructed waterward of the bulkhead parallel to shore with an 18'x 22' covered platform, also waterward of the bulkhead, on the western end. From this boardwalk pier parallel to shore 3 addition piers will be constructed perpendicular to shore into Pantego Creek. The western and central piers are identical in layout, with the exception of total length, providing docking for 20 vessels each for a total of 40 formalized slips with boatlifts. These piers will include a main dock measuring 8.25' x 197' and 208' respectively with 10' x 12' T-head platforms. Each pier will also have 10- 3' x 24' finger piers and 2-6' x 24' finger piers, the wider 6' finger piers being located just landward of the platform at the end of the pier. Each of these piers will also have a 10' x 22' floating kayak platform located closer to the bulkhead. The easternmost pier, the "day dock", is proposed to be 8.25' x 52' with an 18' x 22' covered platform centrally located on the pier. A 10' x 20' floating kayak launch is also proposed adjacent to the bulkhead in Wynn's Gut. Anticipated impacts Filling an area of uplands measuring 440' x 450' with 10,000 cubic yards of material. Creation of new uplands totaling 8,475ft2 by filling existing storm water ponds and the conversion of 1,700 ftz of shallow bottom of Pantego Creek to uplands by filling the existing boat basin and boat ramp. Total land disturbance proposed totals 4.06 acres. Impervious surfaces for the site will be reduced to 49.4% from 68.7%; and impervious surface in the CAMA AEC will be reduced to 14.2% from 28.4%. Construction of footpaths, retaining wall, and upland fill will impact the 50' Tar -Pamlico Basin Buffer. Up to 2,048ftz of shallow bottom will be filled by the construction of the new bulkhead 2ft waterward of the existing bulkhead. Total shallow bottom shading impacts will total 17,697.Sftz for the boardwalk, piers, platforms, and boatlifts. Public Trust Area usurped by the construction of the private marina will total 21,814 ftz. Basis for Determination: a E_CEIV'E1) MAY 3 2021 VID North Carolina Department of Environmental Quality I Divis ono Coas anagement Morehead City Offlce 1 400 Commerce Avenue I Morehead City, North Carolina 28557 252-808z808 The project is subject to the Beaufort County Joint Land Use Plan 2006 Update. The field report incorrectly states that the LUP Classification is Marine Business. The counties Future Land Use Map (FLUM) classifies the site as Towns and Community Centers and Conservation I and Conservation II (overlay). The following LUP policies may be applicable to this request: *2.1.3 Only development and land/water use activities that are consistent with the use standards for coastal wetlands, estuarine waters, and public trust areas (15A NCAC 07H.0208) are allowed in this classification. Permitted extractive uses in the Aurora area will continue. *2.1.5 Unless in the exempted or allowed, land development and land use activities must comply with the requirements of the Tar -Pamlico Buffer Rule (15A NCAC 02B .0259). *2.2.2 Only development that is consistent with the use standards for the estuarine shoreline AEC and the public trust shoreline AEC (15A NCAC 07H.0209(d)) is allowed. **6.2.6 Planned Unit Developments Definition: A planned unit development (PUD) is a large, integrated development adhering to a comprehensive plan and located on a single tract of land or on two or more tracts of land that may be separated only by a street of other right -of --way. Properly written and administered, PUD can offer a degree of flexibility that allows creativity in land planning, site design, and the protection of environmentally sensitive lands not possible with conventional subdivision and land development practices. Moreover, properly applied, PUD is capable of mixing residential and nonresidential land uses, providing broader housing choices, allowing more compact development, permanently preserving common open space, reducing vehicle trips, and providing pedestrian and bicycle facilities. In exchange for design flexibility, developers are better able to provide amenities and infrastructure improvements, and find it easier to accommodate environmental and scenic attributes. The following building intensity and density guidelines are established for Planned Unit Developments in the Town and Community Center classification which include sidewalks and public open space and are permitted by the Town of Belhaven: Single-family houses and multi family buildings: up to 12 units/acre (net) Specifically, density shall be calculated using gross parcel size less any area that exceeds 10% of the of gross tract size which includes (a) transmission easements (not to be confused with local utility distribution easements, (b) floodways and/or (c) wetland areas. Non-residential buildings FAR: 0.7 freestanding or clustered buildings Maximum lot coverage for non-residential buildings not to exceed 70% of the gross parcel area or the area allocated to the non-residential component. The gross parcel area is calculated as noted above and may include local utility distribution easements intended to serve the community, vehicular areas, newly created public or private streets and open spaces. *County -wide Policy RECEIVED **Belhaven Specific Policy MAY 3 2021 -L. North Carolina Department ofDiviromnental Quality I Division of Coastal Management D_E Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 am�.��`- - /& � 252.808.2808 ROY COOPER DIONNLD[LLI GNI'll WQIXTON DAVIS Przu'o• April 29, 2021 MEMORANDUM FROM: SUBJECT: Applicant Project Location: Proposed Project: rnri.r. rm r^fn! f?sra'i fy Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) grega.bodnarRncdenr.gov CAMA Ma;or Permit Application Review Beacon Street Development Co., Inc 202 East Front Street adjacent to the Pantego Creek Beaufort County Belhaven Propose to develop a 40 lot residential development, upland fill, retaining wall, 40 slips private marina, bulkhead, board walk, kayak launches. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grearr Bodnar at the address above by May, 20 2021. If you have any questions regarding the proposed project, contact Shane Staples (252)948-3950 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" x 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 Lee Padrick AGENCY NC Commerce SIGNATURE —0 pja u, BATE 4-30-21 RECEIVEED MAY 3 2021 P SECTION MHD 71 ^4\� 4 1 I II P i 1 I , \ l .ro.u... �( ` ��I r.l I I. L., ,�jl\ tl I l ,li �<I•t �I_,i '1. Ir.". , 4 - .l �� Bodnar, Gregg From: Staples, Shane Sent: Tuesday, May 4, 2021 2:46 PM To: Davis, Lynn Cc: Bodnar, Gregg Subject: RE: [External] Beacon Street Development Company Lynn, I am forwarding this e-mail to Gregg Bodnar the Asst Major Permits Coordinator. He will be the one compiling comments. If you could send the comments she that was attached with the permit application to him. Thank you Shane Shane F. Staples DCM Field Representative Washington Regional Office shane.stapies@ncdenr.gov office: 252-948-3950 cell: 252-204-4081 943 Washington Square Mall Washington, NC 27889 From: Lynn Davis[mailto:Idavis@townofbelhaven.com] Sent: Tuesday, May 4, 2021 2:25 PM To: Staples, Shane <shane.staples@ncdenr.gov> Subject: [External] Beacon Street Development Company CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Reoort Soam. Shane, The Town has no issue with the proposal of Beacon Street Development Company for the property at 202 E. Front Street (Water Street). Lynn Davis, CFM CZO Town Manager Belhaven, NC www.TownofBelhaven.com 252.943.3055 .PW Bodnar Gregg From: Bodnar, Gregg Sent: Wednesday, August 4, 2021 10:03 AM To: Moore, Bill Subject: RE: Phillip Harrington CAMA minor mod Attachments: Beacon Street Belhaven Hospital - Belhaven - Beaufort - 05122021.pdf Morning Bill, In reviewing comments forthis one before issuance I noticed that Samir's comments about SW are more restrictive than yours. SO I wanted to verify if any SW conditions need to be present. Thanks as always, Gregg From: Moore, Bill <bill.moore@ncdenr.gov> Sent: Friday, July 2, 20213:07 PM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Subject: RE: Phillip Harrington CAMA minor mod Hey Gregg, David Perry Project-sw exempt Phillip Harrington Project-sw exempt Beacon Street Dev Project -qualifies for Redev Exclusion From: Bodnar, Gregg <ereee.bodnar@ncdenr.Rov> Sent: Wednesday, June 30, 202110:29 AM To: Moore, Bill <bill.mooreCdncdenr.sov> Subject: Phillip Harrington CAMA minor mod Morning Bill, I wanted to check in on this minor mod increasing the BUA of the tracts. Thanks, Gregg QEQ ds»evl olfe�reaxrn'.al n J� Gregg 8odnar Assistant Major Permits Coordinator Divislon of Coastal Management Department of Environmental Quality 2S2 808 28M ext 215 (Office) Greaa.8odnarr@ncdgnr. Email correspondence to and from this address is subject to the North earof na Public Records caw and may be disclosed to third parties. Bodnar, Gregg From: Moore, Bill Sent: Friday, July 2, 2021 3:07 PM To: Bodnar, Gregg Subject: RE: Phillip Harrington CAMA minor mod Hey Gregg, David Perry Project-sw exempt Phillip Harrington Project-sw exempt Beacon Street Dev Project -qualifies for Redev Exclusion From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Wednesday, June 30, 2021 10:29 AM To: Moore, Bill <bill.moore@ncdenr.gov> Subject: Phillip Harrington LAMA minor mod Morning Bill, I wanted to check in on this minor mod increasing the BUA of the tracts. Thanks, Gregg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 US 28M ext 215 (Office) G regg,Bafnar@ncdggr.gov Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third porties. July 1, 2021 Regulatory Division ORM ID No. SAW 2019-00371 Mr. Jonathan Howell Division of Coastal Management North Carolina Department of Environmental Quality 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Howell: RECEIVED JUL 1 2021 MP SECTION MIHD Reference the application of Beacon Street Development Company, Inc. for a Department of the Army permit to develop a 40 lot residential development with a retaining wall, boardwalk, kayak launches, and a 40 slip private marina, on property located at 202 East Front Street, adjacent to Pantego Creek, in the Town of Belhaven, Beaufort County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the attached plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 2. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 3. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 4. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 5. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 6. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 7. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. Questions or comments may be addressed to Mr. Raleigh Bland, Washington Field Office, Regulatory Division, telephone (910) 251-4564. Sincerely, �l� U) 8 sP�s Raleigh Bland, S.P.W.S. Regulatory Project Manager Copies Furnished: N.C. Division of Water Quality, Wetlands Unit 2321 Crabtree Blvd, Parkview Building Raleigh, North Carolina 27604 Mr. Pete Benjamin RECEIN" U.S. Fish and Wildlife Service Fish and Wildlife Enhancement jut 1 2021 Post Office Box 33726 Raleigh, North Carolina 27636-3726 MID flip SEC-noN Ms. Twyla Cheatwood National Marine Fisheries Service low Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr. Ronald J. Mikulak, Chief Wetlands Regulatory Section Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Mr. Kelly Spivey, District Manager Washington Regional Office North Carolina Division of Coastal Management 943 Washington Square Mall Washington, North Carolina 27889 JUL 1 2021 NIP SECTION GI> HD ROY COOPER Governor DIONNE DELLFGATTI secrerory BRAXTON DAVIS Director April 29, 2021 - MEMORANDUM: NORTH CAROLINA Enylronmenral Quallty FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Couiler0416-33) -- --- gregg:bodnar(7g ncdenr:gov— SUBJECT: CAMA Major Permit Application Review Applicant: Beacon Street Development Co., Inc Project Location: 202 East Front Street adjacent to the Pantego Creek Beaufort County Belhaven Proposed Project: Propose to develop a 40 lot residential development, upland fill, retaining wall, 40 slips private marina, bulkhead, board walk, kayak launches. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grego Bodnar at the address above by May, 20 2021. If you have any questions regarding the proposed project, contact Shane Staples (252)948-3950 when appropriate, in-depth comments with supporting data is requested. REPLY: V 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. PRINTNAME EAMl2-DUD''jPCiZ AGENCY(L/� S SIGNATURE DATE RECEIVED M AY 1 2 2021 WIP SECTION MHD �-tp7>1s SW PEA 1 / T NC C-F-,e SW -JtE�-VIeLj Izcc�u2t`n izED�V✓= L� Pr--1 E hl T �NT�(TI oNS Arm MET, ®� North Carolina Department of EnvhonmenralQuality Dwisionnf Coastal Management Washington Office 941 Washington Square Mall , Washington. North Cavilina 27884 252.446.o481 Wilmington Office 1127 Cardinal Drive Exreniton I Wilmington. North Carolina 284051 nIO.i46.7215 x mirrM.: Morehead City Office i 400 Comrnerce,Wenue I Morehead City. North Carolina'285if 1 252.5081808 V Elizabeth City office : 401 South Oflflin Street. Suite 100 Elizabeth City. North Carolina 2'in09 I Z52.da4.1401 ROY COOPER Governor DIONNE DELLI-GATTI Secretary BRAXTON DAVIS Director April 29, 2021 MEMORANDUM FROM: SUBJECT:, Applicant: Project Location: Proposed Project: NORTH CAROLINA £nyfronmentarQua/fty Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-2473330 (Coyrler 04-1 ti 33) Greo n. bod narA nodenr. gov CAMA Major Permit Application Review Beacon Street Development Co., Inc 202 East Front Street adjacent to the Pantego Creek Beaufort County Belhaven Propose to develop a 40 lot residential development, upland fill, retaining wall, 40 slips private marina, bulkhead, board walk, kayak launches. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by May, 20 2021. If you have any questions regarding the proposed project, contact Shane Staples (252)948-3950 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" x 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. MEMO ATTACHED PRINT NAME Wanda Hilliard AGENCY State Property SIGNATURE wed- Ol.ldndy PATE Mav14.2021 RECEIVED MAY 1 7 2021 MP SECTION MHD North Carolina Department of Environmental Quality I Division of Coastal Management Washington Office 1943 Washington Square Mall I Washington, North Carolina 27889 1252.946.6481 Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 1 1110.796nis Morehead City Office 1400 Commerce Avenue I Morehead City, North Carolina 285571252.808.2808 Elizabeth City Office 1401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 279091 2S 2643901 Roy Cooper, Governor North Carolina Department of Administration State Property Office May 14, 2021 TO: Greg Bodnar, Assistant Major Permits Coordinator NCDEQ-Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 gregg.bodnar(@ncdenr.gov FROM: Wanda Hilliard 16UM 04- &14J4- "*a ) Real Property Agent Department of Administration SUBJECT CAMA Major Permit Application Review Applicant: Beacon Street Development Co., Inc. Mark Edwards AettngSe tary Tim Walton 010mor Project Location: 202 East Front Street adjacent to the Pantego Creek Beaufort County Belhaven Proposed Project Propose to develop a 40-lot residential development, upland fill, retaining wall, 40 slips private marina, bulkhead, board walk, kayak launches. The project may require Easements for multiple utilities crossing the creeks, marsh & State- owned land provided the applicant qualifies for an easement. Thank you. K"ICEDVE® M AY 1 7 2021 MP SECTION MHD State of North Carolina I State Property Office 116 Westjones Street, Suite 4055 11321 MaRServiceCtr. I Raleigh,NC27699 984-236-0270 T 1 Web: http,//www.ncspo.com ROY COOPER Governor DIONNE DELLFGATTI Secretary BRAXTON DAVIS Director April 29, 2021 MEMORANDUM FROM: SUBJECT: Applicant: Project Location: Proposed Project: NORTH CAROLINA EnvlronmentalOuallty Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) gregg.bodnarcD..ncdenr.gov CAMA Major Permit Application Review Beacon Street Development Co., Inc 202 East Front Street adjacent to the Pantego Creek Beaufort County Belhaven Propose to develop a 40 lot residential development, upland fill, retaining wall, 40 slips private marina, bulkhead, board walk, kayak launches. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greaa Bodnar at the address above by May, 20 2021. If you have any questions regarding the proposed project, contact Shane Staples (252)948-3950 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. X 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 James Harrison AGENCY NCDMF //// SIGNATURE )rYaA&. ery DATE 20 May 2021 tl' ECEI Vt E® M AY 2 1 2021 PAP SECTION MH® �� North Carolina Department ofEnvironmental Mail I Division ,Coast al Management Washington Office 1943 Washington Square Mall Iwashington, North Carotlna27889I252.946.6481 Wilmington Office 112TCardiml Drive Extension I Wilmington, North Carolina284051 910.796.7215 Morehead CityDfnce 140OCommerce Avenue I Morehead City, North Carolina 28557 1252.808.2808 �./ EBzabeth Ctty DfBce 1 401 South Griffin Street, Suite 3001 Elizabeth City, North Carolina 279091252264.3901 ROY COOPER Governor MICHAEL S. REGAN Secretary JOHN G.BATHERSON Acting Director MEMORANDUM: TO: Gregg Bodnar, NCDCM Assistant Major Permits Coordinator FROM: James Harrison, NCDMF Fisheries Resource Specialist SUBJECT: Beacon Street Belhaven, Beaufort County DATE: 20 May 2021 A North Carolina Division of Marine Fisheries (DMF) Fisheries Resource Specialist has reviewed the CAMA Permit application for proposed actions that may impact fish and fish habitats. The proposed work is located at 202 East Water Street, Belhaven, Beaufort County, North Carolina. The applicant is proposing to redevelop the existing property - the former site of Belhaven Hospital - into a residential site with 40 lots,10,000 cubic yards (cy) of upland fill, 40 slips in an open water marina with three piers, a boardwalk, gazebo, kayak launches, and replacement of the existing bulkhead. The waters at this location have been classified as SC, NSW and are not open to shellfishing. Upland development will include 40 residential lots covering 4.06 acres - two of the lots may be commercial or mixed -use properties. Placement of 10,000 cy of fill is proposed to bring the lots above the base flood elevation of 5' above normal water level (NWL). The new bulkhead would be 1,024' in length and would be positioned 2' waterward of the existing bulkhead, with the exception of where it will span the mouth of the existing boat basin and boat ramp. The existing basin to be filled is 25' wide and 40' deep, and the existing ramp to be filled is 20' wide and 35' deep with a 25' recessed approach. The proposed project will result in conversion of 1,700 square feet of shallow bottom of Pantego Creek, up to 2,048 square feet of fill associated with the new bulkhead, and total shading impacts of 17,697.5 square feet. The total Public Trust Area usurped by the construction of the private marina is 21,814 square feet. As proposed, this project would require significant in -water work, which can cause numerous direct and indirect impacts to species and habitats. Impacts that may be caused by the proposed work include, but are not limited to, increases in turbidity levels, increased noise levels, resuspension of contaminants. Taking into consideration the amount of in - water work required to complete the proposed redevelopment, DMF would recommend that the permit include a moratorium of April 1 through September 30 for all in -water work in order to minimize these impacts. RECEIVED State of North Cardin I Division of Marine Fisheries MAY 2 1 2021 3441Arendell Street I Ro B=769I Morehead City.North Carolin28557 252-726-7021 Thank you for consideration of our comments. Please contact Jimmy Harrison at (252) 948-3835, (office) or (757) 272-3230 (mobile - preferred), or at iames.harrison(@ncdenr.gov with any further questions or concerns. State of North Carolina I Division oFMarine Fisheries 3441Arendell5treet I P.O.B=769I Morehead City, North Carolina 28557 252-726-7021 ROY COOPER Governor DIONNE DELLI-GATTI Secretary BRAXTON DAMS Director April 29, 2021 MEMORANDUM FROM: SUBJECT: Applicant: Project Location: Proposed Project: ° M Received: 05/11/2021 $•. State Historic Preservation Office ER 21-1158 NORTH CAROLINA £nvUonmentarQua[tty NC - NCH 5/17/2021 NC - KBH 5/17/2021 Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-1643) areoo.bodnarZD..ncdenr.gov CAMA Major Permit Application Review Beacon Street Development Co., Inc 202 East Front Street adjacent to the Pantego Creek Beaufort County Belhaven Due: 5/19/2021 Propose to develop a 40 lot residential development, upland fill, retaining wall, 40 slips private marina, bulkhead, board walk, kayak launches. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grego Bodnar at the address above by May, 20 2021. If you have any questions regarding the proposed project, contact Shane Staples (252)948-3950 when appropriate, in-depth comments with supporting data is requested. I his agency has no oDjection to the project as proposea. "Additional comments may be attached"* x 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 Renee Gledhill -Earley AGENCY. SIGNATURE Historic Preservation Office DATE 5/25/2021 RECEIVE® MAY 2 5 202, MP SECTION MHD North Carolina Department of Environmental Quality I Division of Coastal Management ryJ Washington Office 1943 Washington Square Mall I Washington, North Carolina 27889 1252.946.6481 Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 1910.796.7215 gogy,.M _�-\ �� Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 1252.808.2808 �,/ EI'vaheth City Office 1 401 South GrOnStreet, Suite 300 1 Eltzabeth City, North Carolina 279091252264.3901 ROY COOPER Governor JOHN NICHOLSON Interim Secretory S. DANIEL SMITH D'eamr Beacon Street Development James Wiley PO Box 6474 Raleigh, NC 27628 NORTH CAROLINA Environmental Quality June 28, 2021 DWR # 2021-0888 Beaufort County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS 202 East Front Street- Beacon Street Development Dear Mr Wiley: You have our approval for the impacts listed below for the purpose described in your application received by the Division of Water Resources (Division) on April 26, 2021. These impacts are covered by the attached Water Quality General Certification Number4175 and the conditions listed below. This certification is associated with the use of Regional General Permit Number 291 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) CAMA Major, Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: 1. The following impacts are hereby approved, provided that all the other specific and general conditions of the Certification are met No other impacts are approved, including incidental impacts. [15A NCAC 02B .0506(b)(c)]] Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Plan location/ Reference Attached Open Water -Fill 0-1 .09 (acres) 0 (areas) Plan Sheets Open Water - Shading S-1 .41 (acres) 0 (areas) Plan Sheets �'ATTZT&IMH The proposed project must comply with all the conditions of the General Water Quality Certification(s) 4175. [15A NCAC 02B .0507(c)] 3. During construction of the proposed project, fueling, lubrication and general equipment maintenance should not take place Within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(0] 4. The permittee shall report to the Washington Regional Office any noncompliance with this certification, any violation of stream or wetland standards [15A NCAC 02B.0200] including but not limited to sediment impacts, and any violation of state regulated riparian buffer rules [15A NCAC 02B .0200]. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the applicant became aware of the circumstances. A written submission shall also be provided within 5 business days of the time the applicant becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact datRECEIVED D Q� otrw North Carolina Department of Environmental Quality I Division of Water Resources AUG 2 2021 Washington Regional Office 1 943 Washington Square Mall I Washington, North Carolina 27889 252.946.6481 Lid SECTION MR times, if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Division may waive the written submission requirement on a case -by -case basis. 5. This approval and their conditions are final and binding unless contested. [G.S.143-215.5) These Certifications can be contested as provided in Articles 3 and 4 of General Statute 150E by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH atbM,//www.ncoab,com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy alongwith any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between B:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at(919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: ff sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 One (1) copy of the petition must also be served to DENR: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 Ifsending via delivery service (UPS, Fed Ex, etc.): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 This letter completes the review of the Division under section 401 of the Clean Water Act. Please contact Tina Martin at 252-948-3844 or tina martinOncdenr.eov if you have any questions or concerns. Enclosures: GC 4175 Certification of Completion cc: Sincerely, Raw TM." Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ James Wiley (via email: iwiley0beacon-street com) Joe Lassiter (via email: iosel2lislassiter0limail.coml Scott Murray (via email: smurray@stmllandplan.com) Gregg Bodner, CAMA (via email) Shane Staples, CAMA (via email) Laserfiche/DWR file copy RECEIVED AUG 2 2021 BPIF SECTION MHD North Carolina Department of Environmental Quality I Division of Water Resources Washington Regional Office 1943 Washington Square Mail l Washington, North Carolina 27889 252.946.6481 ROY COOPER Governor JOHN NICHOLSON Interim Secretary S. DANIEL SMITH Director Beacon Street Development James Wiley PO Box 6474 Raleigh, NC 27628 NORTH CAROLINA EnvlronmenrafQuaflty June 28, 2021 DWR fi 2021-0888 Beaufort County Subject: AUTHORIZATION CERTIFICATE PER THE TAR-PAMLICO RIPARIAN BUFFER PROTECTION RULES (15A NCAC 02B .0714) WITH ADDITIONAL CONDITIONS 202 East Front Street- Beacon Street Development Dear Mr. Wiley: You have our approval for the impacts listed below for the purpose described in your application received by the Division of Water Resources (Division) on April 15, 2021. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non - Discharge, and Water Supply Watershed regulations. This Authorization Certificate shall expire five (5) years from the date of this letter. This approval requires you to comply with the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Buffer Rules are met No other impacts are approved, including incidental impacts [15A NCAC 02B. 0611] Type of Impact Amount Approved Permanent (square feet) Plan location/ Reference Attached Buffer - Zone 1 B-1 41SB ftz (square feet) Plan Sheets Buffer - Zone 2 B-2 7711 ftz (square feet) Plan Sheets 2. Diffuse Flow An additional condition is that all stormwaters shall be directed as diffuse flow at non-erosive'velocities through the protected stream buffers and will not re -concentrate before discharging into the stream as identified within 15A NCAC 02B .0714(5) or provide treatment via an approved stormwater BMP meeting the nutrient removal requirements established within 15A NCAC 02B .0714(a)(1)(2). For this project, diffuse flow can be accomplished through guttering of all roof drainages and directing their discharge to a point outside the entirety of the riparian bp(fR C EIq ®E AN 2 2021 North Carolina Department of Envirommental Quality I Divislon of Water Resources D_E Washington Regional Office 943 Washington Square Maly Washingm b7aR/ti11 a ���-d 6A 252.946.6481 e?a u�- 3. No Waste Spoil Solids or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Buffer Authorization Application. All forestry operations activities shall be performed so that no violations of state water quality standards, statutes, or rules occur [15A NCAC 02H .0502 and .0502]. 4. The Permittee shall replant the vegetation within temporarily disturbed areas associated with this project in an "in kind" manner immediately following construction. (Example: Disturbed areas with pre-existing grassed lawns must be replanted with grass. Disturbed areas with pre-existing trees or woody vegetation must be replanted with trees and woody vegetation. Disturbed areas with pre-existing forest vegetation must be replanted with forest vegetation including at least two different native hardwood tree species at a density sufficient to provide 260 trees per acre at maturity. This density can usually be achieved,by planting approximately 360 (11 x 11 spacing) to 538 (9 x 9 spacing) trees per acre.) Restoration of trees/shrubs/forest must be completed by the first subsequent planting season (November 1 through March 30). Note, if the tree plantings do not survive, they will need to be replaced such that the density is sufficient to provide 320 trees per acre at maturity. [15A NCAC 02H .0507 (c), 15A NCAC 02H .0506 (b)(3), and 15A NCAC 02B .0714 (6)] 5. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Authorization. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and Authorization and is responsible for complying with all conditions. [15A NCAC 02B.0507(d)(2)] 6. This approval and its conditions are final and binding unless contested. (G.S. 143-215.5) This Buffer Authorization can be contested as provided in Articles 3 and 4 of General Statute 150E by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at httl2,//www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copyalong with anyapplicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: Ifsendirig via US Postal Service: Ifsending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DENR: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 RECEIVE® AUG 2 2021 P SCUM MHD North Carolina Department of Environmental Quality I Division of Water Resources Washington Regional Office 1943 Washington Square Mall l Washington, North Carolina 27889 i r D /`� 252.946.6481 This letter completes the review of the Division under the Tar -Pamlico Riparian Buffer Rules as described in 15A NCAC 02B.0714. Please contact Tina Martin at 252-948-3844 or tina.martin@ncdenr.aov if you have any questions or concerns. Sincerely, ROW TA41" Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ cc: James Wiley (via email: iwileyCdbeacon-streeLcoml Joe Lassiter (via email: loseohslassiter@gmafl com) Scott Murray (via email: smurray@stmllandplan.com) Gregg Bodner, CAMA (via email) Shane Staples, CAMA (via email) Laserfiche/DWR file copy RECEIVED North Carolina Department of Environmental Quality I Division of Water Resourc AUG 2 2021 _ Washington Regional Office 1943 Washington Square Mall I Washington, North Carolina 27889 .!Q ROY COOPER Goremor DIONNE DELLFGATTI Secretary BRAXTON DAVIS Director April 29, 2021 MEMORANDUM FROM: SUBJECT: Applicant: Project Location: Proposed Project: NORTH CAROLINA Environmental Quality Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) grega bodnar(aiincderr gov CAMA Major Permit Application Review Beacon Street Development Co., Inc 202 East Front Street adjacent to the Pantego Creek Beaufort County Belhaven Propose to develop a 40 lot residential development, upland fill, retaining wall, 40 slips private marina, bulkhead, board walk, kayak launches. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by May, 20 2021. If you have any questions regarding the proposed project, contact Shane Staples (252)948-3950 when appropriate, in-depth comments with supporting data is requested. REPLY: X This agency has no objection to the project as proposed.DCM# 20210888 "Additional comments may be attached" Requires 401 Water Cert, and Buffer This agency has no comment on the proposed project. Authorization 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 Tina Martin AGENCY Division of Water Resources SIGNATURE I l/riGl/ iy"y DATE June 3, 2021 RECEIVED JUN 3 2021 IVIP SECTION MHD North Carolina Department of Environmental Quality I Division of Coastal Management Washington Office 1943 Washington Square Mall I Washington, North Carolina 27889 1252.946.6481 Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 1910.796.7215 eomm owo mu Morehead City Office 1 400Commeroc Avenue I Morehead City, North Carolina 28557 1252.808.2808 B,p„YWNOYp� Elizabeth City Office 1401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909 1 252.264.3901 ROY COOPER Governor DIONNE DELLI-GATTI Secretary BRAXTON DAVIS Director April 29, 2021 MEMORANDUM, FROM: SUBJECT: Applicant: Project Location: Proposed Project: NORTH CAROLINA Environmental Quality Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax 252-247-3330 (Courier 04-10-33) greao.bodnarAncdenr.00v CAMA Major Permit Application Review Beacon Street Development Co., Inc 202 East Front Street adjacent to the Pantego Creek Beaufort County Belhaven Propose to develop a 40 lot residential development, upland fill, retaining wall, 40 slips private marina, bulkhead, board walk, kayak launches. Please indicate below your agency's position or viewpoint on the proposed project and retum this form to Greel o Bodnar at the address above by May, 20 2021. If you have any questions regarding the proposed project, contact Shane Staples (252)948-3950 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. ZThis 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 LA t n 1'T. i7 n n AGENCY NCf�11ZC SIGNATURE A/lt���� DATE 25-- 707-I JUN 2 5 2021 MP SECTION MHD North Carolina Department of Environmental Quality I Division or Coastal Management ®��"p t„ Washington Office 1943 Washington Square Mall l Washington. North Carolina 278891252.946.6481 4!5`��J) Wilmington Office 1 127 Cardinal Drive Extension I Wilmington. North Carolina 28405 1910.796.7215 ar ��Morehead City Office 14000ommerceAvenue I Morehead Ciry,North Carolina285571 252.8082808 V Elizabeth City Office 1101 South Griffin Street, Suite300 l Elizabeth City. North Carolina 2790912522643901 North Carolina Wildlife Resources Commission n Cameron Ingram, Executive Director MEMORANDUM TO: Gregg Bodnar Division of Coastal Management North Carolina Department of Environmental Quality FROM: Maria T. Dunn, Coastal Coordinator Habitat Conservation Division DATE: June 25, 2021 RECEIVED JUN 2 5 2021 MP SECTION MHD SUBJECT: CAMA Dredge/Fill Permit Application for Beacon Street Development, Inc, Belhaven Hospital Site, Beaufort County, North Carolina. Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit application with regard to impacts on fish and wildlife resources. The project site is the location of the old Belhaven Hospital at 202 East Front Street adjacent to Pantego Creek and Wynn's Out. Our comments are provided in accordance with provisions of the Coastal Area Management Act (G.S. 113A-100 through 113A-128), as amended, Sections 401 and 404 of the Clean Water Act, as amended, the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), the Fish and Wildlife Coordination Act (49 Stat. 401, as amended; 16 U.S.C. 661 et seq.), the Magnuson -Stevens Fishery Conservation and Management Act (FCMA), as amended (16 U.S.C. 1801 et seq.), and the Migratory Bird Treaty Act (16 U.S.C. 703-712 et seq.). The applicant proposes a 40-lot residential development where the old Belhaven hospital was razed. Included with this development are 40 residential lots (with a potential of mixed use), infrastructure for the development including roads, utilities, and stormwater collection, a 790' retaining wall, fill placement to raise lots to above base flood elevation, fill of existing stormwater ponds, 1,024' bulkhead along Pantego Creek and Wynn's Gut, fill of an existing basin and boat ramp, a 392.6' by 8.25' boardwalk along Wynn's Gut, a 523' by 8.25' boardwalk along Pantego Creek, and a 40 slip marina. The marina will consist of two docks, 197' by 8.25' and 208' by 8.25', each having 20 formalized slips. Each dock would have ten 24' by 3' finger piers, two 24' by 6' finger piers, a 10' by 12' terminal T-head platform, and 10' by 22' floating kayak platform. In addition to the marina, a 10' by 20' floating kayak launch is proposed in Wynn's Gut. Water depths within the marina range from -4' to -6' NLW. Impervious surface on the overall site will decrease from 68.7% to 49A% and from 29.4% to 14.2% within the NC Division of Coastal Management AEC. Pantego Creek and Wynn's Gut are classified SC NSW by the Environmental Management Commission and are subject to the Tar -Pamlico Basin Buffer Rules. Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919)707-0220 • Fax: (919)707-0028 Page 2 The NCWRC is very familiar with the site and previous project proposals. We participated in the February 21, 2019 scoping meeting where several comments were incorporated into the design. Therefore, we do not have significant concerns with project development if the following items are included as permit conditions: • A marina management plan should be developed that addresses docking, spills, what spill control and clean-up equipment will be available, and minimally identifies whether a trained dock master will monitor the area This plan should also include the posting of information for boaters including emergency numbers and facility contacts. To minimize impacts to aquatic resources that utilize the area, a February 15 — June 30 moratorium is requested. While this area is not technically designated an anadromous fish spawning area (AFSA), anadromous fish such as striped bass (Moron eaxatilis) heavily use the area and are a big draw for recreational fishermen. This moratorium has been requested for other projects in the area and would significantly reduce elevated noise and turbidity levels during sensitive biological periods. We appreciate the opportunity to review and comment on this permit application. if you need further assistance or additional information, please contact me at (252) 948-3916 or at maria.dunnCGriewildl ife.org RECEIVED JUN 2 5 2021 MP SECTION MHD DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Beacon Street Development Co.,Inc 2. LOCATION OF PROJECT SITE: Beaufort County, Belhaven, 202 East Front Street (Water Street) adjacent to the Pantego Creek Location - 35° 32' 15" N 760 37' 24" W 3. INVESTIGATION TYPE: CAMA/Dredge & Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 2/26/21 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received - 4/26/21 6. SITE DESCRIPTION: Office - Washington (A) Local Land Use Plan: Beaufort County Land Classification from LUP: Marine Business (B) AEC(s) Involved: PTA, EW, PTS (D) Water Dependent: Yes (D) Intended Use: Residential/Commercial (E) Wastewater Treatment: Existing— Local Sewer Planned - same (F) Type of Structures: Existing — bulkhead, basin, ramp, stormwater ponds, paved parking area Planned — Streets, upland walking paths and boardwalk, retaining wall, gazebos, residential development, bulkhead 40 slip marina, kayak launches (G) Estimated Annual Rate of Erosion: N/A HABITAT DESCRIPTION: [AREA] OL14ER (A) Upland 176,850ft2 (B) Pantego Creek/Wynn's Gut Bottom 3,748ftl (Bulkhead, Basin, Ramp) 17,697.5ft2 (Pier shading) r(0- (D) Total Area Disturbed: ±198,295ft2 (E) Primary Nursery Area: No (F) Water Classification: SC, NSW Open: No 8. PROJECT SUMMARY: The applicant proposes to develop a40 lot residential development, upland fill, retaining wall, 40 slips private marina, bulkhead, boardwalk, kayak launches ;a=c`FIVED NK 29 2021 �:+t;:kdi-hMHD CITY Belhaven Water Street (Beacon Street East) Hospital Property Redevelopment Beaufort County Proiect Settin The subject property is located at 202 East Front Street adjacent to Pantego Creek and Wynn's Gut in the town of Belhaven, Beaufort county. This property is the former site of the Belhaven hospital which was tom down but most of the impervious surfaces remain such as the parking lot and helicopter pad. The remainder of the upland is maintained lawn and two stormwater ponds that are overgrown; no wetlands are present on the site. The entire shoreline of the property along both Pantego Creek and Wynn's Gut is bulkhead with many sections that are failing. A concrete boat ramp and a basin along Pantego Creek are the only other shoreline features. Water depths along the site range from 4 to 6 feet, but are consistently 4 to 6 feet in the areas of proposed slips/boatlifts. No submerged aquatic vegetation or shellfish resources are present in the project location. Pantego Creek is an inland water body as designated by the Wildlife Resources Commission and is classified as SC, NSW by the Environmental Resources Commission. Project Description The applicant is proposing to redevelop this property into a residential site with 40 lots, 10,000 cubic yards of upland fill, 40 slips in an open water marina associated piers, replacement of the bulkhead, a boardwalk, gazebos, and kayak launches. Upland development will include 40 residential lots covering 4.06 acres, 2 of the lots may be commercial or mixed use properties such as retail, ship's store, etc. Placement of 10,000 cubic yards of fill in this area is proposed to bring potential lots above base flood elevation of 5.0' above normal water level. The depth of this fill will range from 0.5' to 3' in depth crowning in the center of the parcel at +6' above NWL tapering to +4' near the perimeter of the parcel. Two existing stormwater ponds will be filled as part of the upland fill. A 790' upland retaining wall 18" in height would line the property borders along Pantego Creek and Wynn's Gut; this wall would be located an average of 8' from NWL up to 35' from NWL. Five roads will service the residential development forming a circle with spur road on the side of the property adjacent to Wynn's Gut and two accesses from streets A and C onto East Water Street. The roads will accommodate two-way traffic and range from 14' to 25' in width. A wooden walkway, 8.25' wide x 120' long, would lead from the intersection of Streets B and C to the boardwalk. Intersecting this wooden walkway, a concrete/concrete paver path 5' wide x 240' long would lead across the property to the east 30' landward of normal water level where it intersects the bulkhead/boardwalk again. A 10' x 12' covered area is proposed at the intersection of the wooden and concrete paths on the western side of the property. A second 10' x 12' covered area is proposed on the eastern side of the property near the intersection of Streets A and B with a short wooden path 8.25' x 15' leading to the boardwalk along Pantego Creek. A boardwalk measuring 8.25' x 392.6' is proposed landward of the bulkhead along the property border with Wynn's gut as well as a PTSP or hog -slat platform measuring 30' x 40' on the peninsula at the intersection of Pantego Creek and Wynn's Gut. RECEIVED APR 2 9 2021 DCM-MHD CITY A new bulkhead 1,024 in length would be constructed along Pantego Creek and Wynn's Gut 2' waterward of the existing bulkhead with the exception of where it will span the mouth the existing boat basin and boat ramp. The existing basin to be filled measures 25' wide x 40' deep, the existing boat ramp to be filled is 20' wide x 35' deep with 25' recessed approach. Along the majority of the property adjacent to Pantego Creek a boardwalk/pier 8.25' x 523' will be constructed waterward of the bulkhead parallel to shore with an 18'x 22' covered platform, also waterward of the bulkhead, on the western end. From this boardwalk pier parallel to shore 3 addition piers will be constructed perpendicular to shore into Pantego Creek. The western and central piers are identical in layout, with the exception of total length, providing docking for 20 vessels each for a total of 40 formalized slips with boatlifts. These piers will include a main dock measuring 8.25' x 197' and 208' respectively with 10' x 12' T-head platforms. Each pier will also have 10 - 3' x 24' finger piers and 2 — 6' x 24' finger piers, the wider 6' finger piers being located just landward of the platform at the end of the pier. Each of these piers will also have a 10' x 22' floating kayak platform located closer to the bulkhead. The easternmost pier, the "day dock", is proposed to be 8.25' x 52' with an 18' x 22' covered platform centrally located on the pier. A 10' x 20' floating kayak launch is also proposed adjacent to the bulkhead in Wynn's Gut Anticipated Impacts The project as proposed result in the filling an area of uplands measuring 440' x 450' with 10,000 cubic yards of material. Creation of new uplands totaling 8,475ft2 by filling existing stormwater ponds and the conversion of 1,700ft2 of shallow bottom of Pantego Creek to uplands by filling the existing boat basin and boat ramp. Total land disturbance proposed totals 4.06 acres. Impervious surfaces for the site will be reduced to 49.4% from 68.7%; and impervious surface in the CAMA AEC will be reduced to 14.2% from 28.4%. Construction of footpaths, retaining wall, and upland fill will impact the 50' Tar -Pamlico Basin Buffer. Up to 2,048ft2 of shallow bottom will be filled by the construction of the new bulkhead 2ft waterward of the existing bulkhead. Total shallow bottom shading impacts will total 17,697.5ft2 for the boardwalk, piers, platforms, and boatlifts. Public Trust Area usurped by the construction of the private marina will total 21,814ft2. A scoping meeting was held on February 19, 2019 in the Washington Regional Office for the proposed project. Shane Staples — April 26, 2021 RECEIVED APR 2 9 2021 r)CM_MHD CITY BEACON STREET DEVELOPMENT— BELHAVEN HOSPITAL CAMA APPLICATION NARRATIVE The purpose of the document, and the attached site plans and MP Forms 1, 2, 3, and 4, is to submit to the NC Division of Coastal Management (DCM), and associated State and Federal review agencies, a Coastal Area Management Act (CAMA) Major Development permit application. The information provided outlines and describes development proposed by Beacon Street Development Company (Beacon Street) on a 4.06 acre parcel of land located at 202 E. Front St. (aka Water Street) in Belhaven, Beaufort County, NC. The development proposed includes 40 single family residential units on the subject property, 40 boat slips constructed on two piers, a day dock and a shore parallel boardwalk all constructed in the adjacent waters of Pantego Creek. Also proposed is the construction of 1,021 If of vertical wall viny bulkhead to be placed 2' waterward of an existing shoreline bulkhead. Associated with the upland development will be the design and permitting of associated water and sewer service and interior roads and parking. The subject property is located adjacent to the public trust water of Pantego Creek and is subject to rules associated with the CAMA Public Trust Shoreline AEC and Tar -Pamlico buffer. The property is the former location of the Pungo District Hospital and the current owner is the Pantego Creek, LLC (PC). The CAMA application is being submitted on behalf of Beacon Street which has entered into a contract to purchase the property from PC for the purposes of building the development described herein. The issuance of a CAMA permit for the development proposed in this application is a condition of purchase. Relevant portions of the contract to purchase are provided as an attachment to this narrative to document that position. This the second time Beacon Street has provided information to the NC Department of Environmental Quality (DEQ) about development of this property. I reference a February 21, 2019 scoping meeting held at the DEQ Washington Regional Office during which the project design was presented and discussed. Participating in the meeting were representatives of the US Army Corps of Engineers, NC Division of Water Resources —401, NC Stormwater Management, DCM, NC Wildlife Resources Commission, NC Division of Marine Fisheries, and the US Fish and Wildlife Service. On the development team, Jim Wiley from Beacon Street, Joe Lassiter from Lassiter Environmental Consulting, LLC, Scott Murray from Scott Murray Land Planning, LLC and Dwight Vernelson from Rivers and Associates were present. For a variety of reasons the project was placed on hold after that meeting but Beacon Street and PC continued to work towards agreement and are currently under contract and prepared to proceed with permitting of the project. Several additional steps have been taken in the interim to make the property consistent with the development proposed. First, the CAMA Land Use Plan was amended by the Town of Belhaven on June 10, 2019 to make the site consistent with the proposed development. DCM certification of the LUP amendment was obtained on July 29, 2019. Second, the property was rezoned by the Town of Belhaven to Marine Business (MB) to ensure consistency with the development proposed, and third, following negotiations with NC Stormwater Management staff, a June 13, 2019 email from Annette Lucas, PE, Stormwater Program Supervisor (see attached), stated that the site plan as proposed in 2019 "is consistent with the redevelopment exclusion offered in NC General Statue 143-214..7g�.^" This allows for use of the existing impervious surface in site plan development and stormwater'.��' fia GENED M AY 1 0 2021 MP SECTION MHD Provided with this permit application and narrative are the following exhibits and attachments: 0.0 Cover Sheet Site Plan 1.0 Sorrell Land Surveying boundary and existing conditions survey 2.0 CAMA Preliminary Site Plan 3.0 Preliminary Stormwater Management Plan 4.0 Shoreline Development Plan 5.0 Tar -Pamlico Buffer Impacts 6.0 Marina Detail Plans Attachments: Beaufort County Land Use Plan Amendment Copy of the Deed Annette Lucas, PE Stormwater email re: redevelopment exclusion F 1# MAY 1 0 2021 MP SECTION MHD Purchase and sale agreement between Pantego Creek, LLC and Beacon Street Development Company Stormwater Management Narrative and Mitigation measures Authorized agent designation by Beacon Street for Scott Murray and Joe Lassiter As previously described, the subject property has substantial existing impervious surface coverage (ISC) totaling 68.7% of the total parcel area. Proposed impervious coverage is 49.4%, a reduction of approximately 19% and the stormwater design is intended to further increase onsite stormwater treatment to further mitigate potential runoff. It is recognized that a stormwater management permit application and a sedimentation and erosion control plan will need to be prepared and permitted. Central water and sewer service, fire and police protection and trash collection and disposal are provided by the Town of Belhaven. Proposed waterfront development includes two boat docks with 20 slips on each dock as depicted on the waterfront development plan. Also proposed is a day dock. The two boat docks are 197' and 218' long respectively and are 8'3" wide. Application proposes to permit boat lifts for each dock which will be available for individual slips owners at their discretion. The day dock is 52' long by 8'3" wide. The 8'3" width of the piers is proposed to provide safety to boat owners and their guests. With slips on both sides and associated boating equipment, storage, carts, and slip infrastructure it is the applicant's position that the typical 6' wide pier is inadequate to provide safe passage to people using the dock system. One the day dock and boardwalk the width is justified to allow room for benches, light bollards and the transportation and use of kayaks and canoes. Seven platforms are proposed including two 18'x 22' shade structure on the east and west side and adjacent to the waterward side of the boardwalk. At the end of each boat dock a 10' x 12' platform is proposed. There are two kayak floating docks @ 16' x 20' and one floating kayak dock @ 10' x 20'. There is existing bulkhead along the property shoreline adjacent to Pantego Creek. Application proposes to construct a new 1,021 vertical wall vinyl bulkhead 2' waterward of the existing bulkhead which will place it approximately 2' waterward of normal water level (nwl). Also proposed is 8' 3" boardwalk running parallel to the existing shoreline of the property. Total length is 890' with 390' constructed landward of the bulkhead and 500' located waterward of the bulkhead. The marina and slips are proposed in naturally occurring water depths ranging from -4' to -7' nwl. This water depth is adequate for the sized boats anticipated in the marina and no dredging within Pantego Creek is proposed. A DEC( scoping was held at which DWR staff were in attendance. The date of the meeting was February 21, 2019 and this project was discussed. The meeting met the requirement for requesting a pre -filing meeting under 40 CRF Part 121 for 401 certifications in accordance with the federal Clean Water Act. The project proponent hereby certifies that all information contained herein is true, accurate and complete to the best of our knowledge and belief. The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. Thank you for your attention to this Major CAMA application. If you have question, comments, or need additional information please contact Joe Lassiter at 252.202.3800 or at josephslassiter@gmail.com. fX �9 E® MAY 1 0 2021 MP SECTION MI -ID Vicinity Map b AE 6, /// ' Belhaven Water Street AE r Flood Zone Map 202 E. Front St. (aka Water St) _ _ �"""" w,•'. Belhaven, North Carolina 27810 Beacon Street Development Co., Inc. or Assigns CAMA MAJOR PERMIT"' _.�r�.s r.IK Lns �a•I T .m s yy{(1tl.NnA..0YF�91; )[fona.3 _-...KYFyM.!.rw.�. /� w S �. \� vi NN�.w.n N.•Y�N: Mw� to nr➢an M,,, n.au ^ 1 rN 4NN �_N I as wlK.�,unw, Na.�'wawie rr � ,ir [ oil q - � , 0 6 PR 29Zud i. H CITY !;. I .......... I ...........\\\\\�\ \\�.. \`........... I rear ��r..� � •...I IY............. Ia vs lam Ian Wn I M uI f �'-' -i- •� .w=' ..,. 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(ui v..r. � '� •I M � � v N J 64 Belhaven Water Street Stormwater Management Narrative & Mitigation April 23, 2021 History: At the time the original hospital expanded in 1997, new impervious surface areas (ISA) of .79 (19.5%) ac were added to the 2.0 ac (49.2%) that existed prior to that time for a total of 2.79 ac. (68.7%) of ISA. This ISA existed until the recent closing and demolition of the hospital buildings and was confirmed by the April 11, 2017 survey by Hugh Sorrell (see Sheet C-1). Current Permit: (expires September 29, 2019) The current permit that was renewed in September 29, 2009 shows 2.34 ac (57.2%) of permitted ISA based on a total site area of 4.09 ac. For unknown reasons the unaccounted .45 ac was not included in these earlier calculations. Redevelopment Strategy: This redevelopment plan is designed to significantly reduce the ISA to a point not to exceed the pre-1997 ISA level of 49.4% (corrected acreage) including all homes and related drives and walks, which will create an 'equal' condition. This strategy will be achieved by the use of grassed or otherwise pervious walkways, parking or roadways and/or the limitation of other ISA's (rooftops, etc,). The existing BMP's will not be necessary under this scenario and are proposed to be repurposed for sediment control prior to their removal after the demolition of ISA to a level of 49.4% as noted above. Any additional efforts which may be taken to (a) fill the site and redirect a significant amount of the runoff away from the receiving body of water or disperse sheet flow and to provide improved soil depths, (b) to increase the setbacks of ISA to the riparian buffers or (c) elimination of curb & gutter in favor of grassed swales, etc. will then result in a 'better' condition. While efforts will be strongly considered these additional steps are optional at the developer's discretion. Proposed development includes the construction of 40 residential units with possible combination of 2 or 3 lots for a single commercial/mixed use unit, with 40 associated slips and access piers, vinyl bulkheading replacement of existing shoreline bulkhead and construction of an 8' 3" wide access walkway (523 linear feet where located waterward along Pantego Creek & 393 linear feet where located landward within Wynne's Gut) of the proposed replacement bulkhead. An optional low retaining "seat wall" (18" ht. x 790 If) is proposed landward of the constructed shoreline walkway along with an open slatted wood or permeable paver gathering area (600 sf) at the mouth of Wynne's Gut. Other site development includes the filling of the property to raise the building lots at or near the flood elevation. Also included is the construction of a loop street (18' x 850 If), alley (12'-14' x 190 If), shared lane (14' x 100 If), connecting wood or concrete walkways (4'-5' x 350 If). Reference Pan Sheet 3.0 for detailed takeoffs and calculations. RECEIVED APR 2 9 2021 DCM-MHD CITY 6.1.7. The Town favors a compact development pattern within its planning area where it can be economically supported by existing community services. 6.2 Belhaven Overall Growth and Development Objectives The Town's overall goal is to reverse the gradual population decline and to achieve moderate growth in population, employment, and tax base. • Encourage economic growth that provides jobs for residents but does not create negative environmental impacts. • Encourage residential growth in areas served by central water and sewer. • Develop strategies to maintain and encourage resource -based industries, such as commercial and recreational fishing. • Promote eco-tourism as a significant component of overall community development. • Promote responsible growth, with special emphasis on development and redevelopment of the Town's waterfront areas. • Maintain and continue improvements to Town's infrastructure to ac- commodate growth and economic development. Special Belhaven Policies 6.2.1. Redevelopment of developed areas, including erosion threatened - Belhaven will allow redevelopment in accordance with local zoning requirements. The Town will promote redevelopment of waterfront areas. As part of its ongoing waterfront development process, the Town will support development of additional access locations and fa- cilities, such as dockage and restrooms, to serve transient boaters. 6.2.2. Storm hazard mitigation - The Town will continue to implement ele- vation requirements for new and, as appropriate, existing structures in flood -prone areas. 6.2.3. Types/locations of desired industries - Belhaven will encourage a va- riety of industrial development activities and will support efforts of the chamber of commerce to attract new jobs. The Town will rely upon local zoning to determine appropriate locations. 6.2.4. Water/sewer service - Belhaven will seek grant funding for improve- ments to systems, especially improvements to reduce inflow and in- :ECEIVED PR 2 9 2021 III-33 0CM-MI-11) CITY filtration problems associated with the aging sewer system infrastruc- ture. The Town will give priority to providing service to developed areas and will review extension requests to outlying areas on case - by -case basis. 6.2.5. Urban growth patterns - The Town will rely on local zoning for guid- ing development into appropriate areas. In addition, the Town will use its subdivision regulations and flood damage prevention ordi- nance to ensure that site design and development address stormwa- ter management, protection from flooding, and protection of wet- lands. Belhaven will work to promote development and redevelop- ment of the Town's valuable waterfront areas. 6.2.6 Planned Unit Developments (AMENDED 6/2019) Definition: A planned unit development (PUD) is a large, integrated development adhering to a comprehensive plan and located on a single tract of land or on two or more tracts of land that may be separated only by a street of other right-of-way. Properly written and administered, PUD can offer a degree of flexibility that allows creativity in land planning, site design, and the protection of environmentally sensitive lands not possible with conventional subdivision and land development practices. Moreover, properly applied, PUD is capable of mixing residential and nonresidential land uses, providing broader housing choices, allowing more compact development, permanently preserving common open space, reducing vehicle trips, and providing pedestrian and bicycle facilities. In exchange for design flexibility, developers are better able to provide amenities and infrastructure improvements, and find it easier to accommodate environmental and scenic attributes. The following building intensity and density guidelines are established for Planned Unit Developments in the Town and Community Center classification which include sidewalks and public open space and are permitted by the Town of Belhaven: Single-family houses and multi -family buildings: up to 12 units / acre (net) Specifically, density shall be calculated using gross parcel size less any area that exceeds 10% of the of gross tract size which includes (a) transmission easements (not to be confused with local utility distribution easements, (b) floodways and/or (c) wetland areas. Non-residential buildings FAR: 0.7 freestanding or clustered buildings Maximum lot coverage for non-residential buildings not to exceed 70% of the gross parcel area or the area allocated to the non-residential component. The gross parcel area is calculated as noted above and may include local utility distribution easements intended to serve the community, vehicular areas, newly created public or private streets and open spaces. RECEIVED 111.34 APR 2 9 2021 OCM-MHD CITY Scott Murray From: Lucas, Annette <annette.lucas@ncdenr.gov> Sent: Thursday, June 13, 2019 2:43 PM To: Scott Murray Cc: Dumpor, Samir, Dunn, Carl; Jim Wiley; Brantley Tillman Subject: RE: [External] Belhaven Hospital - Stormwater Strategy Proposal Scott, Thank you for sending this so quickly. I just spoke with Samir and Carl and we agree that we think your plan is consistent with the redevelopment exclusion offered in NC General Statute 143-214.7. We like your ideas (a), (b) and (c) that you offer: Please do integrate those into this site to the greatest extent practical as proposed. If you decide to use permeable pavement to reduce the built -upon area, then please be aware that this is an engineered device that will require a supplement form and an Operation & Maintenance agreement. Samir and Carl can guide you there. Samir and Carl will take your project from here. Good luck to youl Annette From: Scott Murray[mailto:smurray@stmlandplan.com] Sent: Thursday, June 13, 2019 10:02 AM To: Lucas, Annette <annette.lucas@ncdenr.gov> Cc: Dumpor, Samir <samir.dumpor@ncdenr.gov>; Dunn, Carl <Carl.Ounn@ncdenr.gov>; Jim Wiley <jwiley@beacon- street.com>; Brantley Tillman <brantley@commprop.net> Subject: [External] Belhaven Hospital - Stormwater Strategy Proposal External email. Do not dick links or open attachments unlessyou verify. Send all suspicious email as an attachment to reoort.soam@nc.aov Annette, Please find attached a write-up of the strategy we discussed yesterday along with the referenced attachments. As the representative for Beacon Street Development Co. (contract purchaser) we would like to ask for your consideration of this proposal on behalf of Pantego Creek LLC. Jim Wiley - Beacon Street Development Co. is a committed developer and long-time resident of Beaufort County. They take a great deal of pride in developing projects that make a positive contribution to the communities in which they exist. This is evident in projects like Moss Landing in Washington for which they received recognition and awards. http://mosslandingnc.com/ BTW the initial condo buildings were done by a different developer prior to the market downslide in 2008. Our most recent sketch plan is attached and while very preliminary at this time should give you a visual reference of our vision. We very much want to design a project for Belhaven that we can all be proud of and one that adds EIVED community for generations to come. Thank you again for your time and that of your colleagues. Best regards, APR 29 2021 Scott DCM-MHD CITY Scott Murray, RLA, LEED-AP BD+C Scott Murray Land Planning, Inc. 274 Botetourt Ct. Boydton, VA 23917 252-213-9501 www.stmlandolan.com RECEIVED APR 2 9 2021 0CM-MHD CITY LASSITER ENVIRONMENTAL CONSULTING, LLC 139 5, Dogwood Trail Southern Shores, NC 27949 Email: josgphslaM ter_@gmail`com - Phone: 252.202.3800 mobile/text CERTIFIED MAIL - RETURN RECEIPT REQUESTED May 27, 2021 Cooper Durwood Lance, Jr 38 E. Bay St. Belhaven, NC 27810 Mr, Lance: Beacom Street Development Company, Inc. (Beacon Streeti is applying for a CAMA Major Permit to construct 40 residential units and 40 boat slips on a 4.06 acre parcel of land located at 202 E. Front Street in Belhaven, Beaufort County NC. The tract Is located adjacent to Pantego Creek. The specific proposed work is indicated in the attached site plan, narrative and application. As the adjacent riparian property owners to the project, Beacon Street is required to notify you of the development in order to give you an opportunity to comment on the project. Should you have any objection to the proposal please send your written comments to Mr. Shane Staples, NC Division of Coastal Management, 943 Washington Square Mall, Washington, NC 27889 within 30 days of receipt of this information. No comment within 30 days will be considered as No Objection. If you have questions about this project you can contact me at the address, email or phone number above. Thank you for your attention to this information. cerely, J S. Lassiter Lassiter Environmental Consulting, LLC . Authori2ed Agent for Moss East RECEIVED APR 2 9 2021 DCM-MHD CITY LASSITER ENVIRONMENTAL CONSULTING, LLC 139 S. Dogwood Trail Southern Shores, NC 27949 Email: — Phone: 252.202.3800 mobile/text CERTIFIED MAIL — RETURN RECEIPT REQUESTED May 27, 2021 Town of Belhaven 315 E Main Street Belhaven, NC 27810 Dear Sir or Madam: Beacon Street Development Company, Inc. (Beacon Street) is applying for a CAMA Major Permit to construct 40 residential units and 40 boat slips on a 4.06 acre parcel of land located at 202 E. Front Street in Belhaven, Beaufort County NC. The tract is located adjacent to Pantego Creek. The specific proposed work is indicated in the attached site plan, narrative and application. As the adjacent riparian property owners to the project, Beacon Street is required to notify you of the development In order to give you an opportunity to comment on the project. Should you have any objection to the proposal please send your written comments to Mr. Shane Staples, NC Division of Coastal Management, 943 Washington Square Mall, Washington, NC 27889 within 30 days of receipt of this information. No comment within 30 days will be considered as No Objection. if you have questions about this project you can contact me at the address, email or phone number above. Thank you for your attention to this information. Str�erely, Joseph S. Lassiter Lassiter Environmental Consulting, LLC - Authorized Agent for Beacon Street RECEIVED APR 2 9 2021 DCM-MHD CITY ■ Complete Items 1, 2, and 3. ■ Print your name and address an the reverse so that we can return the caret to you. ■ Attach this card to the back of the mailpiece, !owe aF 9dk'0L..')(w st'14sf O IIIIIIIIIIIIIlil111IIIIIIIJIIIN III;IIIIIIIII 9590 9402 5839 0038 6533 38 A. SlgnAtury X ❑ Agent D. Recelved by {Pr• fjW Name) I C. Date o1 Dellvery D. Is delivery address d:Merant from item 17 ❑ Yes If YES, enter dal -very address below: ❑ No Dells ` 01M U5P5 Ne6h, Fe 3. Sorvlca T%pa Pr enti Mt. ExpnvszV; ❑ A&A S;rmwm Ci Ream:enao Ida^• ❑ AW15!inVUrs ROOM, -led man" C' aspb:erod Mar Raslrieted ❑CW-ed Nail$ oee%wy ❑ CerMW Vall Resirxted DO," U noum Mocelat far n Celect on oairry wasnawee o Cc11W on Dalhey Refl.lnfad Delivery ❑ SonaWn CO MnRr" " a egnN,a. canarn,Mie„ —. �D eleusa L1a - 7020 3160 anal 252, 5100 "mbocto DeIN" Rotmted De..ery ' PS Form 3811, July 2015 PSN 75W02-ODDO 53 ■ Complete Items 1, 2, and 3, ■ Print your name and address on the reverse ad that we can return the card to you. ■ Attach this card to the back of the mallplace, or on the front it space permits. T. ANcb Addressed to: �G417tV Duv woacl �r�Itia�th, L 2 7`61 c IllllllllllJIIIIIIIill IIIU1lill JIiIIIIIiIIH 9590 9402 5839 0038 8533 9a Domestic Return Receipt —'-- mmarurr ranau. .__..-.JNtinrar'On De,.ery Rmfeeted Ce'very :isvmure Cantieon, 7Q20 129Q 0000 4345 4274 Reafnc ea ou .y �Restrictedpylwy r na an - - -- - P6 Form 3811, July 2015 PsN 7530.02-Cg0-g059 Domestic Return Recolpt RECEIVED M AY 2 1 2021 NPIP SECTION NIHD m 0 rq Ln 1-1 ru ru N O O 0 0 a m 0 ti 0 M1 S M1 N S Ln S m a a 0 a 0 a n- M1l ri O ti O F RECEIVED APR 2 9 2021 DCM-NAND CITY March 3, 2021 Mr. Scott Murray Scott Murray Land Planning, Inc. 274 Botetourt Ct. Boydton, VA 23917 Dear Mr. Murray: The information below should satisfy your request for zoning Information regarding 202 East Water Street in Belhaven. The property is currently zoned Marine Business. Permitted or special uses for this property include, but are not limited to: marinas, condominiums, multifamily housing, and single-family homes in planned unit developments. You can access more detailed information about each of these uses in our zoning code at I am encouraged by your inquiry that good things are planned for this location in Belhaven. I look forward to working with you. Regards, Ly`nO Davis, CZO, CFM Town Manager Idavis@townofbelhaven.com gFCEIVED 315 E. Mein Street •Post Office Box 220 • Belhaven, NC 27810 • (252) 993-3055 • Fax (252) 943-2357 APR 2 9 2021 CM-MHD CITY STATE OF NORTH CAROLINA COUNTY OF BEAUFORT AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY THIS AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY ("Anreement'I is made and entered into this 'J day of PC-, M 6 c 2 , 2020, by and between BEACON STREET DEVELOPMENT COMPANY, INC., a North Carolina corporation ("Purchaser'), and PANTEGO CREEK, LLC, a North Carolina limited liability company ("Seller"). WITNESSETH: FOR AND IN CONSIDERATION of the mutual covenants, agreements and undertakings herein set forth, the Earnest Money (defined below) paid herewith, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller agrees to sell and convey to Purchaser and Purchaser agrees to purchase from Seller the Property described in Section 1 below on the terms and conditions hereinafter set forth: 1. Property. The real property which is the subject of this Agreement (the "property') consists of those certain tracts or parcels of land containing a total of approximately 4.04 acres located on the waterfront on E. Water Street at its intersection with Allen Street, Belhaven, Beaufort County, North Carolina 27810, and having Beaufort County Parcel Identification Numbers 7605-69-1432, 7605-78-0943 and 7605-78-1935, together with and including (i) any and all improvements located thereon; (ii) all easements and rights -of -way affecting the Property and all of Seller's right to use same; (iii) all rights of ingress and egress to and from the Property; (iv) any and all right, title and interest of Seller in and to any and all roads, streets and rights -of -way affecting or bounding the Property; and (v) any and all development rights, including the present or future use thereof, relating to the Property, including sanitary sewer capacity, drainage, water and other utility facilities to the extent they pertain to or benefit the Property. 2. Purchase Price. The purchase price to be paid by Purchaser to Seller for the Property (the "Purchase Price") shall be and No/100 Dollars (�. A portion of the Purchase Price in the amount of = and No/100 Dollars (�IIII$ (the "Cash Payment'), as increased or decreased by prorations and adjustments as herein provided, shall be payable in United States currency by way of federal wire transfer or other immediately available fiords at Closing (as defined in Section 5 herein). The remaining balance of the Purchase Price ( paid according to the terms of (i) a purchase money promissory note executed and delivered by Purchaser at Closing in the amount of $� "First Note") and (ii) a purchase money promissory note executed and delivered by Purchaser at Closing in the amount of $-(the "Second Note' and together with the First Note, the "No es'). Among other things, the Notes shall provide for the principal balance to bear interest at the annual rate of three percent (3%). The First Note shall be secured by a purchase money deed of trust encumbering approximately 37.5% of the area of the Property, including RECEIVED APR 2 9 2021 DCM-MHD CITY approximately 37.5% of the waterfront portion of the Property facing Pantego Creek (the "First Deed of Trust'. The Second Note shall be secured by a purchase money deed of trust encumbering approximately 12.5% of the area of the Property, including approximately 12.5% of the waterfront portion of the Property facing Pantego Creek (the "Second Deed of Trust"). In the event the Property is not subdivided at the time of Closing, then Seller agrees to release 50% of the area of the Property from the liens of the First Deed of Trust and Second Deed of Trust, for no consideration, at the time that Purchaser has subdivided the Property, provided that the area of the Property to be released shall not comprise more than 50% of the waterfront portion of the Property facing Pantego Creek. Seller hereby agrees to subordinate the lien of the Second Deed of Trust (but not the First Deed of Trust) to the lien of any deed of trust securing project financing obtained by Purchaser (whether through institutional or private sources). Further, Seller agrees to modify the First Deed of Trust from time to time upon request of Purchaser to be secured by certain improved parcels constituting subdivided portions of the Property, provided that the collateral for the First Deed of Trust shall be appraised for at least one hundred twenty-five percent (125%) of the outstanding principal balance due under the First Note. The principal sum of each of the Notes, together with all accrued interest, shall be due and payable upon the earlier to occur of (i) the We by Purchaser of the last subdivided lot comprising a portion of the Property or (ii) the rive (5) year anniversary of the Notes. 3. Earnest Money. Within three (3) days after the parties' execution of this Agreement, Purchaser shall deliver to Weatherspoon & Voltz LLP, 3700 Glenwood Avenue, Suite 250, Raleigh, NC 27612 (the "Escrow Agent" ), the sum of Dollars ($101111111" as earnest money (the "Earnest Money"), to hold in an escrow or trust account, subject to the terms and conditions of this Agreement. The Earnest Money shall either be (i) delivered to the settlement agent at Closing and applied as a partial payment of the Purchase Price or (ii) disbursed as otherwise expressly provided in this Agreement. Notwithstanding any other provision of this Agreement which may be construed to the contrary, the Earnest Money shall become non-refundable to Purchaser (except in the event of a default by Seller hereunder) on the date that is six (6) months following the Effective Date 4. Survey. Purchaser, at its sole expense, may cause a survey of the Property (the "Surve 'l to be prepared by a registered land surveyor engaged by Purchaser. A copy of the Survey shall be provided to Seller prior to the expiration of the Investigation Period (as defined in Section 9 herein). The description of the Property contained in the Deed (as defined in Section S herein) shall be based on the description of the Property prepared from the Survey. 5. Closine. Subject to the terms and conditions set forth herein, the closing or settlement ("Closin ") of the transaction contemplated hereby shall be held in th I offices of Purchaser's legal counsel in Raleigh, North Carolina during regular business hours on the date that is thirty (30) days following the expiration of the Investigation Period, or such earlier date as may be selected by Purchaser upon at least five (5) days prior notice to Seller (the "Closing Date"). 6. Closing Costs and Prorations. Seller shall pay for the preparation of the Deed, any and all rollback or deferred taxes, and the property transfer tax applicable to the sale of the RECEIVED 2 APR 2 9 2021 DCM-MHD CITY Property to Purchaser pursuant to the terms of this Agreement. Purchaser shall pay the cost of recording the Deed and any other documents to be recorded at Closing, the costs of its title examination, title insurance, and any other inspections and investigations of the Property undertaken by Purchaser under this Agreement. All utilities, property taxes assessed against the Property for the year in which Closing occurs, and any other assumed liabilities shall be prorated as of the date of Closing on a calendar year basis, with Purchaser deemed to "own" the date of Closing for purposes of all prorations. If the proration of property taxes is not based upon the actual tax bill for the year in which Closing occurs, the parties agree to adjust the proration promptly after the actual tax bill becomes available. Each party shall pay its own attorneys' fees in connection with this transaction. 7. Documents. At or prior to Closing, each party shall deliver to the other party appropriate evidence to establish the authority of such party to enter into and close the transaction contemplated hereby. At Closing, Seller shall deliver to Purchaser (i) the Deed, (ii) an owner's affidavit with respect to the Property in form reasonably satisfactory to Purchaser and its title insurer to issue title insurance without exception for mechanic's or materialmen's or other statutory liens or for the rights of parties in possession other than Seller, (iii) an affidavit in order to meet the requirements of Internal Revenue Code Section 1445 (non -foreign affidavit), (iv) such information as is necessary and required for the closing attorney to comply with the reporting requirements of Internal Revenue Code Section 1099, and (v) such other documentation as is reasonably requested by Purchaser or its counsel. At Closing, Purchaser shall deliver to Seller the (i) Cash Payment, (ii) Note and (iii) Deed of Trust. The parties shall also deliver to one another any other documents reasonably necessary to complete and evidence the transaction contemplated hereby. 8. Title. At the Closing, Seller shall convey good, marketable, fee simple and insurable title to the Property to Purchaser by general warranty deed (the "Deed"). The title to the Property may be subject to future ad valorem property taxes, public rights -of -way, general utility easements of record serving the Property, and zoning, municipal land use rules, regulations, ordinances and statutes, other matters of title and matters of survey that are not objected to by Purchaser prior to the end of the Investigation Period (collectively, thr "Permitted Exceptions"). The Property shall not be subject to any (i) deed of trust, security agreement, judgment, assessment, lien or claim of lien, or any other tide exception that is monetary in nature, or (ii) any leases, rental agreements or other rights of occupancy of any kind, whether written or oral. Purchaser shall have until the expiration of the Investigation Period to examine title to the Property and to notify Seller in %vriting of any title and survey defects or objections ("Title Objections") which Purchaser may have. If Purchaser fails to give notice of such Title Objections to Seller on or before the expiration of the Investigation Period, Purchaser shall be deemed to have waived this right to object to any such Title Objections, except for any which may arise after the end of the Investigation Period but prior to Closing. If Purchaser does give Seller notice of any Title Objections, Seller shall then have the right, but not the obligation, for a period of ten (10) days after receipt of such notice within which to cure or satisfy any such Title Objections. If any Title Objection is not so satisfied by Seller, then Purchaser shall have the right either to (a) terminate this Agreement, in which case the Earnest Money shall be returned to Purchaser and neither party shall have any further rights, obligations or duties under this Agreement except for any provisions that survive the expiration or termination of this RECEIVED 3 APR 2 9 2021 DCM-MHD CITY Agreement, or (b) proceed to Closing subject to any such uncured Title Objections without reduction to the Purchase Price, except in the case of a monetary lien granted by the Seller under (i) above, in the event of which Purchaser may deduct from the proceeds of sale due to Seller the amount necessary to satisfy and cancel of record such monetary lien. If Seller does so cure or satisfy the Title Obligations, then this Agreement shall continue in full effect. Purchaser shall have the right at any time to waive any Title Objections that it may have made and thereby to preserve this Agreement in effect. Seller shall not encumber Seller's title to the Property in any manner after the Effective Date, without the prior written consent of Purchaser. 9. Investigation Period. The Purchaser's obligations under this Agreement arc subject to and conditional upon Purchaser's satisfaction as to the overall economic feasibility of Purchaser's potential use and development of the Property. Beginning on the Effective Date and continuing for a period of five (5) months thereafter (the "Investigation Period'), Purchaser and its authorized agents, contractors and employees, shall have full and complete access to the Property and shall be entitled to enter upon the Property and make such surveying, architectural, engineering, topographical, hydrological, geological, soil, subsurface, environmental, water drainage and any other investigations, inspections, evaluations, studies, tests and measurements, including, but not limited to, a Phase I environmental site assessment (collectively, the "Physical Investi ag tions") as Purchaser, in its sole discretion, deems necessary or advisable; provided, however, none of the Physical Investigations so conducted will result in any material adverse change to the physical characteristics of or damage to the Property or disrupt the current use and occupancy of the Property without Seller's advance written consent thereto, which shall not be unreasonably withheld, conditioned or delayed. In the event this Agreement is terminated prior to Closing, Purchaser agrees to return the Property to a condition substantially similar to its condition prior to its Physical Investigations. Purchaser agrees to indemnify and hold Seller harmless from and against any and all claims, costs, expenses and liabilities, including reasonable attorneys' fees, arising out of or by reason of the Physical Investigations of Purchaser or Purchaser's agents, employees or others authorized by Purchaser prior to Closing or other termination of this Agreement; provided, however, such indemnification obligations shall exclude any claims, costs, expenses and liabilities arising out of (i) the discovery of any Hazardous Materials (as defined in Section 11(a)(v) herein) resulting from the Physical Investigations, which Substances were in, on or under the Property prior to the Physic -at Investigations; or (ii) the negligence or willful misconduct of Seller or Seller's employees, contractors or agents. The indemnification obligations of Purchaser under this Section 9 shall survive the Closing or earlier termination of this Agreement. Purchaser shall have the unqualified right at any time during the Investigation Period to terminate this Agreement by giving written notice thereof to Seller prior to the expiration of the Investigation Period, and Purchaser shall not be required to give any reason or basis for such termination. Subject to the terms of Section 3 herein, if Purchaser elects to terminate this Agreement as provided in this Section 9, the Eamest Money shall be promptly returned by Escrow Agent to Purchaser, whereupon the parties hereto shall have no further rights, obligations or liabilities with respect to each other hereunder, except for any provisions that survive the expiration or termination of this Agreement. RECEIVED 4 APR 2 g 2021 DCM-MHD CITY Investigation Period shall automatically be extended for up to 90 days to obtain final CAMA permits and approvals for the project site plan and water front improvements. Purchaser agrees to submit CAMA applications within 60 days of the Effective Date. 10. Conditions Precedent to Purchaser's Oblieation to Close. In addition to any other conditions precedent to the performance of Purchaser's obligations under this Agreement, the obligations and liabilities of Purchaser hereunder shall in all respects be conditioned upon satisfaction of each of the following conditions precedent as of Closing (any of which may be waived by written notice from Purchaser to Seller): (i) All of the representations and warranties made by Seller in Section 11 herein being true and correct as of the date of Closing; (ii) Seller owning title to the Property as required by Section 8 hereof, subject only to the Permitted Exceptions; (iii) (A) Seller entering into or recording no instrument that affects the title to the Property after the Effective Date which shall survive Closing and be binding on the Purchaser without the prior written consent of Purchaser, and (B) neither Seller nor the Property shall be subject to any pending litigation or administrative proceeding which, if determined adversely to Seller or the Property would in any way adversely affect the Property or which would in any way be binding upon Purchaser, or affect or limit Purchaser's full use and enjoyment of the Property or which would limit or restrict in any way Seller's right or ability to enter into this Agreement and consummate the transaction contemplated hereby; (iv) All charges and assessments (other than ad valorem property taxes for the year of Closing, which will be prorated on a calendar year basis to the date of Closing) for sewer, water, streets and the like by any governmental authority affecting the Property, whether or not due and payable prior to Closing, shall have been paid; (v) The Property shall be in compliance in all material respects with all federal, state and municipal and other governmental laws, ordinances, requirements, rules, regulations, notices and orders. No notice shall have been served on or delivered to Seller from any entity, governmental body or individual claiming any violation of any such laws, ordinances, requirements, rules, regulations, notices or orders, or demanding payment or contribution for environmental damage or injury to natural resources; (vii) There being no material adverse change in the physical condition of the Property, normal wear and tear excepted, from the Effective Date to the date of Closing. Purchaser shall have no obligation to close on the purchase of the Property for so long as any of the above -referenced conditions precedent remains unsatisfied. In the event Purchaser does not waive any such unsatisfied conditions precedent prior to Closing, Purchaser may (i) germinate this Agreement, whereupon the Escrow Agent shall release the Earnest Money to Purchaser and this Agreement shall be of no further force and effect, except with regard to any 3ECEIVED 5 APR 2 9 2021 DCM-MHD CITY provisions that survive the expiration or termination of this Agreement, or (ii) elect to extend the date of Closing by up to thirty (30) days to allow Seller (or Purchaser, as the case may be) to satisfy such condition(s) precedent. Election by Purchaser of option (ii) set forth above shall not preclude Purchaser from later electing option (i) prior to the satisfaction of such condition(s) precedent. 11. Representations, Warranties and Covenants of Seller. To induce Purchaser to enter into this Agreement and to purchase the Property, Seller hereby makes th^ following representations, warranties and covenants, as applicable, with respect to the Property, upon each of which Seller acknowledges and agrees that Purchaser is entitled to rely and has relied: (a) Seller represents and warrants that: (i) There are no tenants or other persons or entities which will have a right of possession of the Property beyond the date of Closing. (ii) There are no pending or, to Seller's knowledge, threatened or contemplated condemnation actions involving all or any portion of the Property. and Seller has received no notice of any such action. (iii) As of the Closing, no maintenance, management, service, supply, employment or other contracts shall exist with respect to the Property and be binding upon the Purchaser except for any accepted in writing by Purchaser. (iv) Seller is not a "foreign person" which would subject Purchaser to the withholding tax provisions of Section 1445 of the Internal Revenue Code of 1986, as amended (v) There are no Hazardous Materials present at the Property in violation of applicable law and Seller has not received from any governmental authority written notice of any violation of any environmental laws. For purposes hereof, "Hazardous Materials" means "Hazardous Material', "Hazardous Substance", "Pollutant or Contaminant", and "Petroleum" and "Natural Gas Liquids", as those terms are defined or used in Section 101 of CERCLA, and any other substances regulated because of their effect or potential effect on public health and the environment, including, without limitation, PCBs, lead paint, asbestos, urea formaldehyde, radioactive materials, putrescible materials, and infectious materials. Seller %kill not, after the Effective Date and through the Closing Date, place or allow to be placed or installed on or under the Property any such Hazardous Materials. (b) From the Effective Date until the Closing, Seller covenants that Seller shall: (i) Maintain the Property in the same condition as presently exists, reasonable wear and tear and damage by fire or other casualty excepted. RECEIVED APR 2 9 2021 DCM-MHD CITY (ii) Perform all of its obligations under any agreements respecting the Property, a list of which shall be provided to Purchaser within three (3) days after the execution of this Agreement, and promptly notify Purchaser of any default thereunder. (iii) Provide Purchaser and its agents and representatives reasonable access to the Property and all engineering information, title information, reports, surveys, soil tests, plans and records in Seller's possession or control relating to the Property. (iv) Pay prior to delinquency all real and personal property taxes, assessments, sewer and water charges, other governmental levies when due, utility charges, and generally all expenses incurred by Seller in the operation of the Property of every nature, which may arise out of or accrue due to the ownership or operation of the Property. (v) Make no lease or rental of the Property or any portion thereof without the prior written consent of Purchaser, or negotiate or enter into any other contract or option for sale of the Property or any portion thereof, or further encumber the Property with any other matter. 12. Patriot Act Renresentations. (a) Purchaser hereby represents and warrants (i) that none of the funds used by Purchaser for payment of the Purchase Price of the Property are subject to any of the following laws of the United States; 18 U.S.C. §§ 1956-1957 (Laundering of Money Instruments); 18 U.S.C. §§ 981- 986 (Federal Asset Forfeiture); 18 U.S.C. §§ 881 (Drug Property Seizure); Executive Order Number 13224 on Terrorism Financing, effective September 24, 2001; or the United and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, H.R. 3162, Public Law 107-56 (the "USA Patriot Act"); and (ii) that Purchaser is not a person or entity with whom United States citizens are restricted from doing business with under the regulations of the Office of Foreign Asset Control ("OFAC') of the United States Department of Treasury (including those named on OFAC's Specially Designated and Blocked Persons list) or under any statute, executive order (including the September 24, 2001 Executive Order Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism), the USA Patriot Act, or other governmental action. Purchaser shall indemnify and hold SeOer harmless from and against any and all claims, actions, fines, penalties and forfeitures arising out of or resulting from any such representation of Purchaser that is false, such indemnity to include payment of all costs of Seller in defending against any of the foregoing, including reasonable attorneys' fees. The indemnification iA DECEIVED APR 2 9 2021 DCM-MHD CITY obligations of Purchaser under this Section 12 shall survive the Closing or earlier termination of this Agreement. (b) Seller hereby represents and warrants that Seller is not a person or entity with whom United States citizens are restricted from doing business with under the regulations of the OFAC of the United States Department of Treasury (including those named on OFAC's Specially Designated and Blocked Persons list) or under any statute, executive order (including the September 24, 2001 Executive Order Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism), the USA Patriot Act, or other governmental action. Seller shall indemnify and hold Purchaser harmless from and against any and all claims, actions, fines, penalties and forfeitures arising out of or resulting from any such representation of Seller that is false, such indemnity to include payment of all costs of Purchaser in defending against any of the foregoing, including reasonable attorneys' fees. The indemnification obligations of Seller under this Section 12 shall survive the Closing or earlier termination of this Agreement. 13. Like Kind Exchanee. Either party hereto may desire to effect a tax -deferred exchange under Section 1031 of the Internal Revenue Code in connection with the gale or purchase of the Property. In connection therewith, each party agrees to execute such documents as are reasonably necessary or appropriate and to otherwise cooperate with the other to effectuate such exchange, provided the party effecting the exchange shall afford the other party and its representatives a reasonable opportunity to review such documents prior to Closing, and provided further that such cooperation shall not cause the other party to incur additional costs and expenses other than nominal costs associated with such document review. Each party hereby indemnifies and holds the other free and harmless from any liability (including without limitation the tax ramifications to the party effecting the exchange) arising by reason of performing the acts required hereby to effectuate such exchange, except insofar as any such liability is attributable to the failure of the other party to perform as required hereunder. Neither party shall take title to or otherwise assume any liability with respect to the property to be exchanged with the Property. 14. Survival of Provisions. All covenants, representations, warranties, obligations and agreements set forth in this Agreement shall survive Closing for a period of one (1) year. 15. Evidence of Title. Within five (5) days after the Effective Date, Seller shall deliver to Purchaser copies of all title and other information relating to the Property in the possession of or available to Seller, including, without limitation, title insurance policies, boundary and physical surveys, site plans, any prior development plans, environmental studies or assessments, and service contracts (if any). 16. Assignment of Purchaser's Interest. Purchaser shall be entitled, upon written notice to Seller, to assign all of its right, title and interest in and to this Agreement to another entity or person. RECEIVED APR 2 9 2021 DCM-MHD CITY 17. Brokers. James K. Wiley of Beacon Street Realty, LLC (`Broker') has acted as Purchaser's agent with respect to this transaction, and will be paid a commission upon the Closing of the sale of the Property by Purchaser pursuant to the terms of a separate agreement. Purchaser and Seller hereby represent to each other that, other than Broker, they know of no realtor, agent or other party involved in this transaction who is entitled to. or has a claim for, a real estate commission or fee and neither Seller nor Purchaser has employed any such party. Seller and Purchaser covenant and agree to indemnify and forever hold each other harmless against any loss, liability, costs, claims, demands, damages, actions, causes of action, and suits arising out of or in any manner related to the alleged employment or use by Seller or Purchaser, as the case may be, of any real estate broker or agent. The indemnification obligations under this Section 17 shall strive the Closing or earlier termination of this Agreement. 18. Eminent Domain. If, after the execution of this Agreement and prior to Closing, Seller receives notice of the commencement or threatened commencement of eminent domain or other like proceedings against the Property or any portion thereof, Seller shall promptly notify Purchaser in writing, and Purchaser, as Purchaser's sole remedy, shall elect within ten (10) days from and after the date of such notice, by written notice to Seller, either (i) to terminate this Agreement, in which event the Earnest Money shall be promptly returned to Purchaser and this Agreement shall be null and void and of no further force and effect, except for any provisions that survive the expiration or termination of this Agreement, or (ii) to close the transaction contemplated hereby in accordance with its terms but subject to such proceedings, in which event the Purchase Price shall not be reduced, and Seller shall assign to Purchaser all of Seller's rights in any condemnation award or condemnation proceeds relative to the property. If Purchaser does not make such election within the aforesaid time period, Purchaser shall be deemed to have elected to close the transaction contemplated hereby in accordance with clause (ii) above. 19. Escrow Agent. In performing any of its duties hereunder, the Escrow Agent shall not incur any liability to anyone for any damages, losses or expenses, except for willful default or breach of trust, and it shall accordingly not incur any such liability with respect to (i) any action taken or omitted in good faith upon advice of its counsel or (ii) any action taken or omitted in reliance upon any instrument, including any written notice or instruction provided for in this Agreement, not only as to its due execution and the validity and effectiveness of its provisions but also as to the truth and accuracy of any information contained therein, which the Escrow Agent shall in good faith believe to be genuine, to have been signed or presented by a proper person or persons and to conform with the provisions of this Agreement. The Escrow Agent is hereby specifically authorized to refuse to act except upon the written consent of both parties, or pursuant to lawful order issued by a court of competent jurisdiction. The parties hereby agree to indemnify and hold hamrless the Escrow Agent against any and all losses, claims, damages, liabilities and expenses, including reasonable costs of investigation and counsel fees and disbursements, which may be imposed upon the Escrow Agent or incurred by the Escrow Agent in connection with its acceptance or the performance of its duties hereunder as Escrow Agent, including any litigation arising from this Agreement or involving the subject matter hereof. In the event of a dispute between any of the parties hereto sufficient in the discretion of the Escrow Agent to justify its doing so, the Escrow Agent shall be entitled to tender into the registry or custody of anv court of competent jurisdiction all money or property in 9 DECEIVED APR 2 9 2021 DCM-MHD CITY its hands under this Agreement, together with such legal pleadings as it deems appropriate, and thereupon be discharged from all further duties and liabilities under this Agreement. Any such legal action may be brought in such court as the Escrow Agent shall determine to have jurisdiction thereof. The parties shall bear all costs and expenses of any such legal proceedings. It is expressly understood and acknowledged by Seller that the named Escrow Agent also serves as legal counsel for Purchaser. 20. Notices. Unless otherwise provided herein, each notice required or permitted to be given in this Agreement must comply with the requirements of this Section. Each such notice shall be in writing and sent by (i) personal hand delivery, (ii) depositing it with the United States Postal Service, certified or registered mail, return receipt requested, with adequate postage prepaid, or (iii) overnight delivery by a nationally recognized overnight carrier in a trackable package, addressed to the appropriate party (and marked to a particular individual's attention) as provided herein. Each such notice shall be effective upon being so delivered or deposited, but the time period in which a response to any such notice must be given or any actior taken with respect thereto shall commence to run fiom the date of delivery if by personal hand delivery or the date of receipt of the notice by the addressee thereof if mailed as set forth above, as evidenced by the recur[ receipt or delivery confirmation. Rejection or other refusal by the addressee to accept delivery or the inability of the United States Postal Service or overnight delivery service to deliver because of a changed address of which no notice was given shall be deemed to be the receipt of the notice sent Notices shall be sent to the following addresses: If to Purchaser: Beacon Street Development Company, Inc. P.O. Box 6474 Raleigh, NC 27628 Attn: lames K. Wilev With additional copy to: Weatherspoon & Voltz LLP 3605 Glenwood Avenue, Suite 480 Raleigh, NC 27612 Attn: William H. Weatherspoon, Jr. If to Seller: Pantego Creek. LLC Attn: Any party shall have the right from time to time to change the address to which notices to it shall be sent by giving to the other party at least five (5) days prior written notice of the changed address. Any notice provided for hereunder may be given by a party's attorney or other representative. 21. Remedies on Default. (a) Purchaser's Default. If Purchaser defaults under any of the terms of this Agreement and does not cure same within ten (10) days following written notice thereof from 10 DECEIVED APR 2 9 2021 DCM-MHD CITY Sellea, or fails or refuses to consummate the purchase of the Property pursuant to the terms and conditions of this Agreement for any reason after Seller has perforated or tendered performance of all of its obligations in accordance with this Agreement, then: (a) this Agreement shall terminate; (b) the Earnest Money shall be paid to and retained by Seller as liquidated damages; and (c) except for the obligations of the parties which expressly survive the expiration or termination of this Agreement, Seller and Purchaser shall have no further obligations to each other. Seller and Purchaser acknowledge and agree that damages would be difficult if not impossible to ascertain, that the Earnest Money shall be and represent liquidated damages fur any default on the part of the Purchaser and shall be the full extent of the liability of the Purchaser with respect to any default hereunder, except for Purchaser's indemnity obligations contained herein and any provisions that survive the expiration or termination of this Agreement. Seller shall have no other right claim or cause of action against Purchaser. (b) Seller's Default. If Seller defaults under any of the terms of this Agreement and does not care same within ten (10) days following written notice thereof from Purchaser. Purchaser may (i) demand, or compel by legal proceedings, specific performance of this Agreement, but only to the extent of conveyance of the Property in accordance with the terms of this Agreement, or (ii) consider the Agreement terminated, in which event the Earnest Money shall be returned to Purchaser. but such return shall in no way limit the other rights and remedies available to Purchaser. (c) Attorneys' Fees. In the event suit is brought to enforce or interpret all or any portion of this Agreement or if suit is brought for liquidated damages or for any other relief permitted hereunder, the party, if any, awarded costs in such suit shall be entitled to recover. as an element of such costs, and not as damages, reasonable attorneys' fees incurred in connection with such suit. Without limiting the generality of the foregoing. attorneys' fees shall be determined at the normal hourly rates charged by the person doing the work, regardless of whether said fees bear a reasonable relationship to the relief obtained. A party which is not entitled to recover costs in any such suit shall not be entitled to recover its attorneys' fees. 22. Risk of Loss. Until the Closing, the risk of loss or damage to the Property shall be home by Seller. In the event the Property is damaged so that the Property cannot be conveyed in substantially the same condition as it exists on the Effective Dale, Purchaser may either (i) terminate this Agreement whereupon this Agreement shall be of no further force and effect except with regard to any provisions that survive the expiration or termination of this Agreement, and Purchaser shall receive a return of the Fames[ Money, or (ii) proceed to Closing and purchase the Property without reduction of the Purchase Price, whereupon Purchaser shall be entitled to received, in addition to the Property, any of Seller's insurance proceeds payable on account of the damage or destruction applicable to the Property- 2 a. Weekends; Holidays. If any date provided fbr under this Agreement falls on a Saturday, Sunday or legal holiday observed by national banks located in Belhaven, North Carolina, such date shall be extended to the next day not falling on a Saturday, Sunday or legal holiday observed by national banks located in Belhaven, North Carolina. DECEIVED APR 2 9 2021 F30FO-MI-11) CITY 24. Entire Agreement. This Agreement constitutes the entire agreement of the parties and may not be amended except by written instrument executed by Purchaser and Seller. Escrow Agent need not be a party to amendments to this Agreement, but such amendments shall not affect or impair its rights or duties hereunder. 25. Heading. The Section headings arc inserted for convenience only and are in no way intended to interpret, define or limit the scope of content of this Agreement or any provision hereof. 26. Possession. Seller shall deliver actual possession of the Property to Purchaser at Closing in accordance with the terms and conditions of this Agreement. 27. Applicable Law. This Agreement shall be interpreted and construed in accordance with the laws of the State of North Carolina. Any and all claims, controversies, and causes of action arising out of or relating to this Agreement, whether sounding in contract, tort, or statute, shall be governed by the laws of the State of North Carolina, including its statutes of limitations, without giving effect to any conflict -of -laves rule that would result in the application of the laws of a different jurisdiction. 28. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of Seller and Purchaser, and their respective successors and assigns. 29. Invalid Provision if any provision of this Agreement is held to be illegal, invalid, or unenforceable under present or future laws, such provision shall be fully severable. This Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a pan of this Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by such illegal, invalid, or unenforceable provision or by its severance from this Agreement. 30. No Agency or Joint Venture. This Agreement shall not be construed as in any way establishing a partnership, joint venture, express or implied agency, special confidential relationship or employer -employee relationship or as establishing any fiduciary obligations between Seller and Purchaser other than that of seller and purchaser of real property or interests therein_ 31. Execution in Multiple Counterparts. This Agreement may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which counterparts taken together shall constitute one and the same instrument. 32. Offer. Acceptance and Contract. This document shall constitute an offer by Purchaser. This offer is open for acceptance by Seller until 5:00 o'clock p.m. local time on December 15, 2020. If this offer is so accepted by Seller, it shall become binding between the parties on the Effective Date. The validity of ibis Agreement between Purchaser and Seller shall not be affected by whether the Escrow Agent has signed this Agreement or any amendments hereto. 12 RECEIVED APR 2 9 2021 DCM-MHD CITY [Signature page follows] 13 RECEIVE® APR 2 9 2021 ,;'"M_AMD CITY IN WITNESS WHEREOF, Seller and Purchaser have caused this Agreement to be dilly executed as of the date and year indicated next to their signatures (the last such date of execution by Seller or Purchaser being inserted at the beginning of this Agreement as the "Effective Date"). SELLER: Pantego Creek, LLC, a North Carolina limited liability company By: Name: 3�a6 Title: LtF a; Date Signed bySeller: 5*k�e s obli�j♦�iuns NncQeR {��s 45t2ecr`�`�t G� Su�jcci Eo and C rn4i� iaher% orb ft� 4q�i: vIJ4,k of 5'— 2020 A-lr"45a5a�evy.c•.t �1i�• M�r.bcn5 00-1�iv}!SO C[tieck,�a C PURCHASER: Beacon Street Development Company, Inc., a Ni 0 Date Signed by Purchaser: 1 1 r.4/ 3, 2020 Agreed to for purposes of serving as Lscrow Agent hereunder and we hereby acknowledge receipt of the Earnest Money for the purposes set forth herein. Date signed by Escrow Agent: 1 -ty F ,2020 Weatherspoon &Voltz U.P By: _ William li. Weathcrspoon, l „ PaL 14 �4ECEIVED / PR 2 9 2021 ;.;'A -MHO CITY �1850Pc08Z FOR REGISTRATION REGISTER OF DEEM Illllpllll �IIII�X II�II III ��IIIII IIII III Jennifer Leaaett Whitehurat Ir N IINn'' III N Beaufort County, NC asrurrrm coaKrr LAND tmcoana July 14; 1814 11:48:41 8!I I 7 5 Book 18H Page 87-93 ROf1'rr FEEM. f26 00 INSIRU�E�l11E IrdSiRUMEgi ar 2014803247 , 4 Land lkscords Official Date 20140U3241 NORTH CAROLINA NON —WARRANTY DEED g Revenue stamps: $0.00 pursuant to N.C.G.S. § 105-228.29 Prepared by: David E. Wagner*, K&L Gates LLP 4350 Lassiter at North Hills Avenue, Suite 300 Raleigh, North Carolina 27609 *No Title Review Performed Sumrell, Sugg, Carmichael. Upon Recording, return to: Grantee Hicks,A& Hart, PA _ � 416 Pollock Street Brief Description for Index: Vidant Pungo Hospital New Bern, NC 28560 THIS DEED made effective this %A day of July, 2014, by and between GRANTOR Pungo District Hospital Corporation, a North Carolina non profit corporation with a mailing address of: c/o Vidant Health Attention: Office of General Counsel 2100 Stantonsburg Road Greenville, North Carolina 27835-6028 GRANTEE Pantego Creek, LLC, a North Carolina * limited liability company with a mailing address of: 416 Pollock Street New Bern, North Carolina 28560 * norrprofit 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 Grantor, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has and by these presents does grant, bargain, sell, and convey unto Grantee in fee simple, all of the right, title, and interest of Grantor in and to RAd 124008 v2 RECEIVED APR 2 9 2021 DCM-MHD CITY VK1850Fc088 those certain tracts and parcels of land situated in Belhaven, Beaufort County, North Carolina, and more particularly described on Exhibit A attached hereto and incorporated herein by reference (the "Property"). TOGETHER WITH all buildings, structures and other improvements located thereon, and all appurtenances thereunto. None of the Property herein conveyed includes the primary residence of Grantor. TO HAVE AND TO HOLD the aforesaid Property and all privileges and appurtenances thereto belonging to the Grantee in fee simple, subject to the foregoing right of reversion. The Grantor makes no warranty, express or implied, as to title to the Property hereinabove described. [Signature and Notarial acknowledgment page follows] 4ECEIVED APR 2 9 2021 A,�6�-MHD CITY F1850PC089 IN WITNESS WHEREOF, Grantor has duly executed this instrument and delivered it as of the date indicated on the first page of this Deed. GRANTOR: Pungo District Hospital Corporation, a North Carolina non profit corporation B Name: Rog A. Robertson Title: President and Designated Agent, DB 1804, PG 230 1",k+ County, North Carolina I certify that the following person personally appeared before me this day and acknowledged to me that he signed the foregoing document in the capacity indicated: QuCT Date: j JA4 A 2014 My Commission Expires: ()l Q [Affix Notary Stamp or Seal below] •�p�onu,q,� AVIVo 1-0 COUT41-4� Print Name: (r-y-'O 4 J . Kis— �12 RECEIVED APR 2 9 2021 0CM—MHD CITY FXHIIIIT A Tract One a1850PP,090 That portion of Allen Street in said Town of Belhaven 100 feet in width extending from Front or Water Street southwestwardly to Pantego Creek, reference being made to the map made by Norfolk Southern Railroad Company for a more accurate description thereof of record in Map Book 2, page 40, Beaufort County Registry and being the same tract or parcel of land conveyed by the Town of Belhaven to Pungo District Hospital Corporation by Deed dated January 20, 1948, of record in Book 379, page 185, Beaufort County Registry. See also instrument dated January 28, 1948 of record in Book 379, page 274, Beaufort County Registry whereby George W. Clark, owner of all property abutting said portion of Allen Street on the East and his wife, Gladye E. Clark released and quitclaimed unto Pungo District Hospital Corporation all right, title and interest which they may have or may assert in and to that portion of Allen Street herein described. Tract Two Beginning at the Southwest intersection of Water and Allen Streets in Belhaven, it being the Northeast comer of Lot No. 432 in Block 5, as shown on the map made by Norfolk Southern Railroad Company; thence with Water Street Westwardly 75 feet; thence Southwardly at right angles to Water Street and parallel with Allen Street extended to the waters of Pantego Creek; thence Eastwardly with the waters of Pantego Creek to a point intersected by the West line of Allen Street, if projected; thence Northwardly with the West line of Allen Street projected to the beginning, and being the same tract or parcel of land conveyed to Pungo District Hospital Corporation by deed dated January 20, 1948, of record in Book 379, page 184, Beaufort County Registry. Tract Three In the Town of Belhaven, Beaufort County, North Carolina, and being situate on the southwest side of Water or Front Street in said town and being all of Lot No. 433 on the Norfolk Southern Railroad Company's map of a part of the Town of Belhaven, as described in that certain deed dated March 14, 1950, from Orville R. Clark and wife, Helen M. Clark, to George W. Clark of record in Beaufort County Registry, and being also an additional strip 12 feet wide lying on the southeast side of said Lot No. 433 between parallel lines run southwestwardly from Front Street to Pantego Creek; and the total lot herein conveyed being a composite of said Lot No. 433 and 12 feet of the old Snyder lot on the southeast side thereof, making a lot beginning at the intersection of Allen and Front Streets, running southeastwardly 62 feet with Front Street and extending back to Pantego Creek between parallel lines and parallel to and adjoining Allen Street on the northwest side thereof. And being the same conveyed to Ellis G. Winstead, M.D., by Nina Clark Powell and husband Douglass A. Powell, Jr., by deed dated October 24, 1958, of record in Book 490, page 377, of the Beaufort County Registry, and also being the same tract or parcel of land conveyed to Pungo District Hospital Corporation by deed dated June 27, 1972 of record in Book 684, page 675, Beaufort County Registry. DECEIVED RA-3124008 Q APR 2 9 2021 DCM-MHD CITY 191850PC091 Tract Four In the Town of Belhaven, bounded on the North by Water Street; on the East by the line of the property conveyed to the Town of Belhaven by the Norfolk Southern Railroad Company by deed dated February 15, 1928, recorded in Book 318 Page 136 of the Beaufort County Registry, Map of same being recorded in Map Book 2 at Page 40 same Registry; bounded on the South by Pantego Creek; and bounded on the West by the lot conveyed by George W. Clark and wife, Glayde B. Clark, to Nina Clark Powell and husband, Douglass A. Powell, Jr., by Deed dated May 29, 1950, and duly recorded in Beaufort County Registry, said lot now being owned by the Dr. E.G. Winstead estate; and being all of the balance of Block No. 6 of the Norfolk Southern Railway Company's Map of part of Belhaven conveyed to the said George W. Clark by the Norfolk Southern Railway Company on the Sth day of May, 1944, by Deed recorded in Book 351 page 480 of the Beaufort County Registry. Excepting from this conveyance the aforementioned Powell lot, the said Powell lot having a frontage of62 feet on Water Street measured Southeastwardly from the Southeast edge of Allen Street, the Southeast line of the Powell lot; running thence Northeastwardly parallel to the aforesaid Allen Street to Water Street and forming the Westward or Northwestward boundary of the lot herein conveyed. The Eastward line of the above mentioned lot was fixed by exchange of Deeds between the Town of Belhaven and Doris Whitley Windley as follows: Beginning at the Northward end at a four inch iron pipe set into the ground, said iron pipe being set 17 feet and 4 inches from the Northeast comer of the porch of the Windley home and approximately 80 feet Eastward of Windley's West line; running thence a general Southwardly direction a straight line to a 1'/z inch iron stab set in the ground at the edge of Pantego Creek, this point being approximately 90 feet Eastward of Windley's west line. The above described tract or parcel of land is the same tract or parcel of land conveyed to Pungo District Hospital, Incorporated by deed dated September 3, 1969, of record in Book 645, page 528, Beaufort County Registry. And also being the same tract or parcel of land a portion of which is described in quitclaim deed dated July 2, 1997, from the Town of Belhaven to Pungo District Hospital Corporation of record in Book 1076, page 887, Beaufort County Registry. The four (4) above described tracts or parcels of land bear Beaufort County GPM Nos. 7605-69- 9132 and 7605-78-0943. Tract Five In the Town of Belhaven, Beaufort County, North Carolina and being so much of the abandoned westwardly portion of Front or Water Street as adjoins the northeast boundary line of Tract One through Tract Four described above as shown by Resolution of the Town of Belhaven dated July 2, 1990, of record in Book 928, page 405, Beaufort County Registry. Tract Six Beginning at a new iron pipe located in the southwesterly edge of the 60 foot right of way of Water Street and lying South 33° 27' 50" East 188.58 feet from a new PK nail set at the DECEIVED APR 2 9 2021 DCM-MHD CITY 1850P 09L intersection of the centerlines of Allen Street and Water Street as the same is shown on a plat entitled "Property of Pungo District Hospital" dated November 15, 1996 by Jarvis Associates, P.A., a copy of which is recorded in Plat Cabinet F, Slide 7-8, Beaufort County Registry and incorporated herein by reference for a more complete and adequate description, running thence from said beginning point so located South 41' 04' 55" East 57.82 feet to a new iron pipe; thence the same course continued 5.00 feet to a point in the outside face of a bulkhead along the westerly edge of Wynne's Gut; thence along the outside face of said bulkhead the following courses and distances: South 360 59' 33" West 230.29 feet to a point, South 380 51' 49" East 7.89 feet to a point, South 36, 04' 17" West 139.28 feet to a point, North 89' 47' 25" West 15,12 feet to a point, North 11* 09' 14" West 38.63 feet to a point, and North 210 07' 03" West 42.70 feet to a point; thence leaving said bulkhead and running North 50° 30' 00" East 5.00 feet to a new iron pipe; thence the same course continued 19.77 feet to a new iron pipe; thence North 36' 59' 33" East 321.10 feet to the point of beginning, containing 0.54 acres, more or less. Reference is made to deed recorded in Book 318, page 136, Beaufort County Registry, and being the same tract or parcel of land conveyed to Pungo District Hospital Corporation by deed dated July 2, 1997 of record in Book 1076, page 884, Beaufort County Registry and also being the same tract or parcel of land a portion of which is described in quitclaim deed dated July 2, 1997 from Town of Belhaven to Pungo District Hospital Corporation of record in Book 1076, Page 887, Beaufort County Registry. The above described tract or parcel of land bears Beaufort County GPIN No. 7605-78-1935. Tract Seven Beginning at a point in the northern high water mark of Pantego Creek at the westernmost comer of the lot owned by Pungo District Hospital as the same is shown on a map of survey entitled "Property of Gregory L. Jones and Rebecca Jones" dated December 11, 1989 and revised June 3, 1991 by Hood Richardson, R.L.S. and recorded in Plat Cabinet E, Slide 55-3; running thence with Pungo District Hospital's western boundary North 50 degrees 30 minutes 00 seconds East 347.77 feet to an iron pipe located in the southwestern right-of-way of Water or Front Street; thence with the said right-of-way North 39 degrees 30 minutes 00 seconds West 75 feet to an iron pipe; thence South 50 degrees 30 minutes 00 seconds West 317.50 feet to a point in the northern high water mark of Pantego Creek; thence in a southerly direction with the high water mark of Pantego Creek to the point of beginning, containing 0.56 acres, more or less. Reference is made to a Deed to Dr. J.T. Wright dated June 26, 1953 and recorded in Book 430, Page 380 Beaufort County Registry. Being the same as shown on a Survey by Hood L. Richardson, P.A., dated July 26, 2004, a copy of which is recorded in Plat Cabinet G, Slide 39-6, Beaufort County Registry, and reference is made thereto for more complete and accurate description. This being the same property conveyed to Belhaven Ventures, LLC by deed dated August 5, 2004 and recorded in Book 1409 at page 951 of the Beaufort County Registry, and being the same tract or parcel of land conveyed to Pungo District Hospital Corporation by deed dated September 21, 2010 of record in Book 1730, page 869, Beaufort County Registry. The above described tract or parcel of land bears Beaufort County GPIN No. 7605-69-8226 RECEIVED APR 2 9 2021 0CM-10ND CITY tK1850PC093 Tract Eight BEING Lot 436 and Lot 437 as the same are shown on a plat entitled "Property of Pungo District Hospital' dated November 15, 1996 by Jarvis Associates, P.A., a copy of which is recorded in Plat Cabinet F, Slide 7-8, Beaufort County Registry and incorporated herein by reference for a more complete and adequate description. RECEIVED APR 2 9 Z021 )CM-MHD CITY �, wb o 6u-v" rw--( I 5L4 3g C C icy) q e I �C- --�-0 /0(� ROY COOPER Governor DIONNE DELLI-GATTI Secretory BRAXTON DAVIS Director Beacon Street Development Co., Inc. James Wiley P.O. Box 6474 Raleigh NC 27628 NORTH CAROLINA Environmental Quality Dear Mr. Wiley The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your property located 202 E. Front St. Beaufort County Belhaven North Carolina, and appears to be adequate for processing at this time. The projected deadline for making a decision is 10 July 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. Shane Staples, Field Representative for the Division of Coastal Management is responsible for processing your permit and he can be reached at 252-948-3950 or via email at Shan aples(R ncdenr gov if you have any questions. If this agency does not render a permit decision within 70 days from 26 April 2020, 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. RECEIVED APR 2 9 2021 DCM-MHD CITY North Carolina Department of Environmental Quality I Division of Coastal Management D Q',/ Washington Office 1 943 Washington Square Mall I Washington, North Carolina 27889 1251946,6481 Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 284051910.796.7215 "'a >,,,,, Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 1 252ma.2808 Elizabeth City Office 1401 South Griffin Street. Suite 300 1 F.Ibahrrh rate. North Camana 7oM 1 7G774A ialll 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, Shane F. Staples Coastal Management Representative Division of Coastal Management Washington Regional Office Enclosure Cc: Greg Bodnar - Assistant Major Permit Coordinator WARO Lassiter Consulting LLC RECEIVED APR 2 9 2021 DCM-MHD CITY IRF-05 North Carolina Department of ingtonSquar Quality I Division of ,Coastal Management Washington Office I943 WasWrgton Square Mall I Washington, North Carolina 27889I 252946.648i Wilmi gton Office 1127 Cardinal Drive Eztenslon I Wilmington, North Carolina 28405 1910.796.7215 Morehead City Office 1 400 Commerce Avenue I Morehead City, North Ca oftna 28557 1 252.8082808 Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909 1 2S22643901 NO T (01* ],?A oN W� W� CAMA PERMIT APPLIES FOR COMMENTS ACCEPTED THROUGH �n� 2i ,-2n-2I APPLICANT: MEN OWWTS1147� &V• FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: 1 Division of COaS+dl MMaQ n + -t3honi' field Repro,s!w+a+i _t q'3 WmW,ne+o„ n Mall T -was�ninfl NC ollgn (25a) 948 -395o NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by N.C.G.S. I I3A-119(b) that an application for a development permit in an Area of Environmental Concern as designated under the Coastal Area Management Act (CAMA) was received on 26 April 2021. According to the said application submitted by Beacon Street Development Co., Inc. proposes to develop 40 lot residential development, upland fill, retaining wall, 40 slips private marina, bulkhead, boardwalk, kayak launches A copy of the entire application may be examined or copied at the office of Kelly Spivey, District Manager, Washington Regional Office, 943 Washington Square Mall, Washington, NC, during normal business hours. Public comments received by 21 May 2021 will be considered. Later comments will be accepted and considered up to the time of permit decision. Project modifications may occur based on further review and comments. Notice of the permit decision in this matter will be provided upon written request. A4- I'le- Shane F. Staples Coastal Management Representative NC Division of Coastal Management 943 Washington Square Mall Washington, North Carolina 27889 (252)948-3950 Please publish on: 1 May 2021 RECEIVED APR 2 9 2021 ATNorth Carolina Department of Environmental Quality I Division of Coastal Management �_MHD CITY ���Washington Office 1 943 Washington Square Mall I Washington, North Carolina 27889 1252.Wilmington Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 284051 910.796.7215 Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 1 252.8082808 Elizabeth City Office 1401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909 1 2522643901 ROY COOPER Governor DIONNE DELLI-GATTI Secretory BRAXTON DAVIS Director Washington Daily News P.O Box Washington NC 27889 NORTH CAROLINA Environmental Quality April 27, 2021 Attention: Legal Advertising Department Please include the enclosed Notice of Filing in the Public Notice section of the 1 May 2021 edition of your newspaper. If it will not be possible to include this notice in that edition, or if you should have any questions about this notice, please call me as soon as possible at 948-3820. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to: Thank you. i erelySparKs, Administrative Assistant 11 ion of Environmental Quality ATTACHMENT Division of Coastal Management Cc: File RECEIVED APR 29 2021 DCM-MHD CITY North Carolina Department of Environmental Quality I Division of Coastal Management Q� Washington Office 1943 Washington Square Mail I Washington, North Carolina 27889 1 252.946.6481 Wilmington Office 1127 Cardinal Drive Extension I Wilmington, Noah Carolina 28405 1910.796.7215 ^�'A*•+ ...o,.q� Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 1 .- 1252.808.7Rna ilbaA.rl. rx..nm__ _ .._ "'This is a word processing form to be completed in Microsoft Word — NC Division of Coastal Management Major permit Application Computer Sheet (11MJ,M2) as in SITE DESCRIPTION/PERMIT INFORMATION Yes ❑NA r FIA of City city j ❑Yes ❑No Shell Bott-Yeses 0 N_of Sure Temporary to Did the land use classification come from ; Mitigation Rei , countyl-UP• Yes ❑No ❑Yes ❑No i ❑Yes ❑NokdNA SECONDARY WATER CLASSIFICATION - OPTIONAL (choose MAX of 4) Future Wijer Su 1 FWS) -.. -- --- -- - ----- PP Y ( Nutrient Sensitive Waters (NSW) - I Swamp Waters Vol)(S 6 AR I --------..a .....,.... �......< WETLANDS IMPACTED (404) Corp. of Engineers (Jurisdictional (LS) Sea lavender (Limontum sp.) (SS) Glasswort (Seltcomia sp.) I wetlands) (CJ) Saw grass (Cladmm jameicense)0 (SA) Salt marsh cordgrass (Spadlna [J (SY) Seft reed press (Spedina j aftemifiaa) cynosurotdes) (OS) Sall' or spike grass (Distichlis (SC) l Jlrush or three square (Scirpus (TY) Cattail (Tj; ha sp J - PI ❑ - (JR) f3/eck needlerush Juncos '--' ( ❑ (SP) Salf/meadow grass (SpaMna memerianus) patens) APPLICATION FEE - - — No fee required • f0.00 Ill(A) Pdvefe w/ 08F up to 1 ecrer 3490 IB(0) Privpublic orcomm w%D&F to 1 can be appWd - $250 acre: 3490 can't be applied - $400 ❑ Minor Modification to a CAMA Major � Major Modificebon to a CAMA Major IV Any development involving D6F of -' permit - $100 permit - $250 more than I acre - $475 ❑ Permit Transfer- $100 - ❑ 111(B) Public oj commercial w%D&F to 1' Express Pertnd - $2000 - acre. 3490 can be applied _ $400 ----. _. ..._ ._...._ _..__._. Major development extension request - ❑ !l. Public orcommercial/no drodge $100 andlor fill - $400 .....- ----- - ❑ I. Pnvate no dredge artd/or fill - f250 _ ..._ ... -----.- RECEIVED --------._..-- --_ ❑ lll(C) Pnv. public orcomm wiD&F l0 1T acre, 3490 can be applied: DCM needs DWO agreement - $400 - APR 2 g 7021 D& MHD CITY NC Division of Coastal Mgt. Application Computer Sheet, Page 2 of a Applicant: �«c... Sfrs, f %ida"s%f C., ..T, e C/.TF A4..... I•;<G• .0r., aF� - Date: y/-t 6 Z 0.2 t Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found In your Activities code sheet. TYPE REPLACE I I Activity Name Number Choose IChoose Dimension f Dimension 2 Dimension 3 i O(mension 4 One One ❑YR-,l Jos d 1 Replace7 ❑ Y S'I6 --------.. ❑Y /6 ` col Replace rlvr�,< J.r' r221 ice•... . -• — - '4Y<�.), . mamr LJ LWT U N 1 ///.0 7 !-rr�' 11 Meint❑ 0Y[9iV�. ._ ... _ .... _,. Now Work Ei' Replam r (dm avi 11 maint❑ Cis l Y //_� Maint ❑ ❑ Y C4� / G, c NOW Work 0 Replace Maw ❑Y❑N New Work Replace Maint ❑ ❑ V ❑ N ----........._ New Work ❑. ........... Replace Maint ❑ ] Y ) N Now Work ❑- Replace Marnt ', ; ❑ Y ❑ N New'rVoik�J _ _4eplace Maint ❑ Q Y ❑ N RECEIVED APR 2 9 2021 66bWARP1&bITY MC Division of Coastal Mgt. %Application Computer Sheet, Page 3 of 41 1 �i/Pa.� !V?✓G� n �f / / t/ Applicant Date: (1/,26/,2 / Describe below fhe HABITAT disturbances for the application. AM values should match the name, and units of measurement found In your Habitat code sheet. I I VIAL Sq. Ft. I FINAL Sq. FL , TOTAL Feet ! FINAL Feet (Applied for (Anticipated final i (Applied for (Anticipated final Habitat Name DISTURB TYPE Disturbance toter i disturbance. , Disturbance disturbance. Choose One includes any Excludes any totabrrdudes Excludes any I anticipated restoration any anticipeled restoration andror restoration or andror tamp I restoration or I temp impact - ta7m/pimpactsh t impactam+ount) tamp impacts) emounU —J � ln<'/�uv /i• r"�^' p Ft � Both ❑ �/? Other [7 ;/�i d1 975'1, yjI 17497111 - 71� le F%f. Dredge❑ FrN Both ❑ or/,er i •J, 7(41, 1.7 '!/-2 -, 4, (/? .--+ j I Dredge ❑ —' Fil h ❑ Other ❑ Dredge ❑ FiNY Both Other ❑ Dredge ❑ Fit ❑ Both ❑ other ❑ , Dredge El Fa❑ Both ❑ Other ❑ Dredge ❑ Fig ❑ Both Cl other ❑ Dredge ❑ FNI ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fig ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ "IN ❑ Both ❑ Other ❑ Dredge U Flo ❑ Both ❑ Other ❑ Dredge ❑ Fa ❑ Both ❑ other Dredge ❑ Fill ❑ Both ❑ Other ❑ RECEIVED APR 2 9 2021 DCM-MHD CITY MAJOR PERMIT FEE MATRIX 'Tee.., sf,<</ /.Jv,,/,p,v,./ Applicant: l4 4— Selection Development Type Fee DCM °� DWQ (143001801 4351000931825 8253) (243001802 438100095 2341 ) I. Private, non-commercial development that does nok $250 100% ($250) 0% ($0) involve the filling or excavation of any wetlands or open water areas: It. Public or commercial development that does not $400 100% ($400) 0% ($0) involve the filling or excavation of any wetlands or open water areas: Major Modwcation to a $250 100% ($250) 0% ($0) CAM Me or rmit Ill. 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 - El commercial development, if $250 100% ($250) 0% ($0) General Water Quality Certification No. 3490 (See attached) can be applied: III(B), Public or commercial ® development, if General $400 100% ($400) 0% ($0) Water Quality Certification No. 3490 (See attached) can be applied: III(C). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 3490 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: III(D). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 3490 (see attached) cannot be applied: IV. For development that involve¢ the filling and/or $475 60% ($285) 40% ($190) excavation of more than one acre of wetlands and/or E g=1C l open water areas: APR 2 9 2021 DC6�1u'40a,D CITY BEACON STREET DEVELOPMENT - BELHAVEN HOSPITAL CAMA APPLICATION NARRATIVE April 23, 2021 The purpose of the document, and the attached site plans and MP Forms 1, 2, 3, and 4, is to submit to the NC Division of Coastal Management (DCM), and associated State and Federal review agencies, a Coastal Area Management Act (CAMA) Major Development permit application. The information provided outlines and describes development proposed by Beacon Street Development Company (Beacon Street) on a 4.06 acre parcel of land located at 202 E. Front St. (aka Water Street) in Belhaven, Beaufort County, NC. The development proposed includes 40 single family residential units on the subject property, 40 boat slips constructed on two piers with kayak docks, a day dock, a stand-alone kayak dock and a boardwalk parallel to the shoreline all constructed in and adjacent to the adjacent waters of Pantego Creek. Also proposed is the construction of 1,024If of vertical wall viny bulkhead to be placed 2' waterward of an existing shoreline bulkhead (shoreline length 1,021.4 If). Associated with the upland development will be the design and permitting of associated water and sewer service and interior roads and parking, an 18" high retaining seat wall (790 If) located landward of the shoreline walkways, an optional permeable surface gathering area (600 sf) at the mouth of Wynne's Gut and connecting sidewalks with optional shade structures. A portable waste pump out or pump out facility will be provided. The subject property is located adjacent to the public trust water of Pantego Creek and is subject to rules associated with the CAMA Public Trust Shoreline AEC and Tar -Pamlico buffer. The property is the former location of the Pungo District Hospital and the current owner is the Pantego Creek, LLC (PC). The CAMA application is being submitted on behalf of Beacon Street which has entered into a contract to purchase the property from PC for the purposes of building the development described herein. The issuance of a CAMA permit for the development proposed in this application is a condition of purchase. Relevant portions of the contract to purchase are provided as an attachment to this narrative to document that position. This the second time Beacon Street has provided information to the NC Department of Environmental Quality (DEQ) about development of this property. I reference a February 21, 2019 scoping meeting held at the DEQ Washington Regional Office during which the project design was presented and discussed. Participating in the meeting were representatives of the US Army Corps of Engineers, NC Division of Water Resources - 401, NC Stormwater Management, DCM, NC Wildlife Resources Commission, NC Division of Marine Fisheries, and the US Fish and Wildlife Service. On the development team, Jim Wiley from Beacon Street, Joe Lassiter from Lassiter Environmental Consulting, LLC, Scott Murray from Scott Murray Land Planning, LLC and Dwight Vernelson from Rivers and Associates were present. For a variety of reasons the project was placed on hold after that meeting but Beacon Street and PC continued to work towards agreement and are currently under contract and prepared to proceed with permitting of the project. Several additional steps have been taken in the interim to make the property consistent with the development proposed. First, the CAMA Land Use Plan was amended by the Town of Belhaven on June 10, 2019 to make the site consistent with the proposed development. DCM certification of the LUP amendment was obtained on July 29, 2019. Second, the property was rezoned by the Town of Belhaven to Marine Business (MB) to ensure consistency with the development proposed, and third, following :DECEIVED APR 29 2021 I)CM1jl-MI-11D CITY