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HomeMy WebLinkAbout11-17 TJM Ocean Isle Partners LLC?ermitClass NEW Permit Number 11-17 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vermit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to TJM Ocean Isle Partners LLC, 2000 Sommerset Road SW, Ocean Isle Beach NC 28469 Authorizing development in Brunswick County adjacent to the AIWW. 2000 SommersettRd. SW_ So mer ett Landing —,as requested in the permittee's application dated a/3/16 (MP-1) and Revised 1/23/17 (MP-2), including attached workplan drawings (2) both dated 4/14/15 and dated received DCM Wilm 8/4/16. This permit, issued on January 27, 2017 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Maintenance Excavation 1) Unless specifically altered herein, this permit authorizes the maintenance excavation, as expressly and specifically set forth in the attached permit application and workplan drawings. Any additional development, land disturbing activities and/or construction may require a modification of this permit. Contact a Division of Coastal Management representative at (910) 796-7215 for this determination. 2) In order to protect juvenile shrimp and finfish populations, no excavation shall be permitted between April 1 and September 30 of any year without the prior approval of ilie. tliatigq �pastal Management, in consultation with the appropriate resource agencies. ftE l . C I V t LJ FEB 06 2017 (See attached sheets for Additional Conditions) DCM- MHD CITY This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit shall 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 shall cease when the permit expires on December 31, 2020 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 Chairman of the Coastal Resources Commission. AF frog BraxtorfT. Davis, Director Division of Coastal Management conditions are hereby accepted. Signature of Permittee TJM Ocean Isle Partners LLC Permit No. 11-17 Page 2 of 3 ADDITIONAL CONDITIONS 3) Excavation shall not exceed -6 feet below the normal low water level. In no case shall the depth of excavation exceed the depth of connecting waters. 4) Unless specifically altered herein, the dimensions of the area to be dredged shall not exceed that expressly and specifically set forth in the attached permit application and workplan drawings. Any proposal to change the area to be dredged shall require permit modification. 5) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with T15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation within the PNA shall be permitted. New dredging in any manner, including "kicking" with boat propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire existence of the facility. 6) No vegetated wetlands shall be excavated or filled. 7) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not authorized. NOTE: The permittee's contractor is advised to contact the U.S. Coast Guard at (910) 815-4895, ext. 108 to discuss operations and appropriate lighting, markers, etc. for all dredge equipment. Spoil Disposal 8) All excavated materials shall be confined to the area indicated on the attached workplan drawings behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. Any alteration of the location of the spoil disposal site shall require a modification of the permit. 9) The spoil disposal area shall be inspected and approved by a representative of the Division of Coastal Management prior to the commencement of any dredging activities. 10) No spoil material is to be placed within 30 feet of the normal high water line. RECEIVED Sedimentation and Erosion Control FEB 0 6 2017 NOTE: An Erosion and Sedimentation Control Plan may be required for this projEWMis "Ad Islialt tip filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this plan to the Department of Environmental Quality, Land Quality Section, 127 Cardinal Drive Extension, Wilmington, NC 28405. 11) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, etc.). TJM Ocean Isle Partners LLC ADDITIONAL CONDITIONS Maintenance Clause Permit No. 11-17 Page 3 of 3 12) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance work authorized by this permit, and such notification shall include: A. The number of the original permit. B. A statement that no dimensional changes are proposed. C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the area to be used for spoil disposal, and the estimated amount of material to be removed. The location, design and holding capacity of the spoil disposal site shall be approved by a representative of the Division prior to the initiation of any maintenance dredging activities. D. The date of map revision and the permittee's signature shown anew on the original plan. General 13) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee shall be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 14) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 15) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third parry without the written approval of the Division of Coastal Management. 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: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of normal high water. NOTE: The N.C. Division of Water Resources has assigned the proposed project DWR Project No. 2007-0731v2. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under Nationwide Permit No. 35 (COE Action Id. No. SAW-2016-02521), which was issued on 1/11/17. NOTE: An application processing fee of $475 was received by DCM for this project. T Iv satisfied the Section 401 application processing fee requirements of the Division of -water Resources. FEB 0 6 2917 Division of Coastal Manag�l>���� Aimlication Processing Notes Applicant: TSm O (eA-ri 15i - L/N277•taQS L-L-(- Type (check all that apply) NEW V/ MAJOR MOD MINOR MOD RENEWAL TRANSFER Permit Coordinator: t��'S - Field Representative: S Date/Time Message )'ec e l va Vtwr1lA, V"y fiw si 1120117 (eultwed vjl DC�� 6f, final ►'6,qudtve- RECFiV, AN 3l 201I ACM. H-0 ROY COOPER Governor MICHAEL S. REGAL Secretary Energy, Mineral & Land Resources ENVIRONMENTAL allAL" February 8, 2017 Timothy Moon TJM Ocean Isle Partners, LLC 2000 Sommersett Rd. SW Ocean Isle Beach, NC 28469 Subject- EXEMPTION Stornrwater Project No. SWS 161116 Ocean Isle Marina & Yacbt Club Maintenance Egeavation Brunswick County Dear Mr. Moon TRACY DAVIS Director On November ➢ 8, 2016, the Wilmington Regional Office of the Division of Energy Mineral, and Land Resources received a copy of the CAMA Major Permit Appplication for the subject project. Staff review of the plans and specifications on November 22, 2016 has determined that the development activities proposed at this time will not pose a threat to surface water quality from stormwater runoff. The Director has determined that projects that are reviewed and approved by the Division as not posing a water quality threat from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000, the stormwater rules. By copy of this letter, we are informing you that this project will not require a stormwater management permit. If the subject project disturbs one acre or more and has a point source discharge of stormwater runoff, then it is also subject to the National Pollutant Discharge Elimination System (NPDES) stormwater discharge requirements. You are required to have an NPDES permit for stormwater discharge from projects meeting these criteria. All temporary built -upon area associated with the construction of the project must be removed within 30 days of completion of the project, or when it is no longer needed, whichever occurs first. If you have any questions or need additional information concernia this matter please contact Georgette Scott at (910) 796-7215, or via e-mail at georgette.scott(n ncdenr.gov. Sin"? rely, Tracy E. Davis, P.E., Director Division of Energy, Mineral, and Land Resources GDS/gds: \\\Stormwater\Pennits & Prcjects\2016 \161116 Exemption\2017 02 pay&REMOVED cc: Brunswick Dredge & Dock Brunswick County Building Inspections FEB 15 2017 Sean Farrell/Shaun Simpson — DCM WIRO Wilmington Regional Office Stormwater Fil oc-�o�ra,4 �, DCM- MHDCITY fzte of p!o.t roline I Eniror tal "Jalit. I Enernv. lineral and _and Rescur<:es Wil;ninglon Regional Or(icc 112'7Car'dlnal Drive Extension I Wilminglon.IVC 28405 S �'96 7 75 Coastal Management ENVIRONMENTAL QUALITY January 17, 2017 TJM Ocean Isle Partners, LLC c/o Mr. Timothy Moon 200 Sommersett Rd, SW Ocean Isle Beach, NC 28469 Dear Mr. Moon: P115 ROY COOPER Governor WILLIAM G. ROSS. JR. Interim Secretary BRAXTON DAVIS Director This letter is with reference to your application for a Coastal Area Management Act Major Development permit to undertake development activities at property adjacent to the AIWW, at 2000 Sommersett Road SW, in Ocean Isle Beach, Brunswick County. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S. 113A-122(c) which would make April 2, 2017, the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, if you have any question on the status of your application, do not hesitate to contact me by phone (910) 796-7302 or e-mail at: heather.coats@ncdenr.gov. Sincerely, r Heather Coats Assistant Major Permits Coordinator cc: Wilmington/MHC Files RECEIVED JAN 2 3 2017 DCM- MHD CITY State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Dnve Extension I Wilmington, NC 28405 910496-7215 T DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: TJM Ocean Isle Partners, LLC COUNTY: Brunswick PROJECT NAME: Ocean Isle Marina & Yacht Club (maintenance excavation) LOCATION OF PROJECT: 2001 Sommersett Rd, SW, adjacent to the AIWW, near the Town of Ocean Isle Beach DATE APPLICATION RECEIVED COMPLETE BY FIELD:11103116 ,/ FIELD RECOMMENDATION: Attached: Yes CONSISTENCY DETERMINATION: Attached: No FIELD REPRESENTATIVE: Sean Farrell DISTRICT MANAGER REVIEW:1S� B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE REC'D: 11-21-16 /� 6G �t�Ik ADJ. RIP. PROP NOTICES RECTD APPLICATION ASSIGNED TO: C) 75 DAY DEADLINE: 4Cm / MAIL OUT DATE:11.-18-16 FEDERAL DUE DATE: PERMIT FINAL ACTION: ISSUE DENY To Be Forwarded: n/a To Be Forwarded: n/a DISTRICT OFFICE: RUMINGTON FEE REC'D: S4751#6635 ✓ END OF NOTICE DATE: 12-12-16 ✓ DEED REC'D:: ON: i I I ,,`te 150 DAY DEADLINE: STATE DUE DATE: 12-12-16 FED COMMENTS REC'D: DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative Coastal Management - LUP Consistency -) 1 ✓ Division of Community Assistance 1i y (e Land Quality Section (DEMLR) 2 Division of Water Resources (401) Storm Water Management (DEMLR) State Property Office Division of Archives & History 1 S�Ito Division of Environmental Health 2Z�1 Division of Highways �p Wildlife Resources Commission j Z/1 �1 I �e R E C E I V E D Local Permit Office Division of Marine Fisheries / DCM Corps of Engineers L 1 1' NlrlP3 ��{J.JI bry tE5Z1 SS WS A I/17 11 u3-S i 1/1 y/1 � Recommendations for State Permit — Ocean Isle Marina, TJM Ocean Isle Partners, LLC 11/17/2016 It is the staff s recommendation that the proposed maintenance excavation is CONSISTENT with the Rules of 15 A NCAC 07H.0208 (b) (I) which states; " Maintenance excavation in canals, channels and boat basins within primary nursery areas and areas of submerged aquatic vegetation as defined by the MFC shall be avoided. However when essential to maintain a traditional and established use, maintenance excavation may be approved if the applicant meets all of the following criteria: (i) The applicant demonstrates and documents that a water dependent need exists for the excavation; (ii) There exists a previously permitted channel that was constructed or maintained under permits issued by the State or Federal government. If a natural channel was in use, or if a human -made channel was constructed before permitting was necessary, there shall be evidence that the channel was continuously used for a specific purpose; (iii) Excavated material can be removed and placed in a disposal area in accordance with Part (bx1)(B) of this Rule without impacting adjacent nursery areas and submerged aquatic vegetation as defined by the MFC; and (iv) The original depth and with of a human -made or natural channel shall not be increased to allow a new or expanded use of the channel." This office has no objection to the proposed maintenance excavation provided it is consistent with all other state and federal regulations. It is recommended that any permit issued include standard permit conditions. RECENED NOV 2 2 2016 DCM- MHD CITY MEMORANDUM To: Heather Coats Oati From: Mike Christenbury, Wilmington District PlannSubject: Consistency Determination, Major Permit AppOcean Isle Marina, Ocean Isle Beach — Brunswick County Date: January 17, 2017 etermination: Provided all local, state and federal requirements can be met, this project appears to be consistent with the Town of Ocean Isle Beach Land Use Plan. The applicant proposes to perform maintenance excavation of the marina basin within the footprint previously authorized under State Permit #4-82 (1982), State Permit #169-88 (1988) and State Permit #123-07 (2007). Areas of Environmental Concern (AEC's) impacted by the proposal are EW, and PT. Waters at the project site are classified as SA HQW and are not open to the harvesting of shellfish. The area is a Primary Nursery Area. I have reviewed this proposal for consistency with the Town of Ocean Isle Land Use Plan and offer the following comments. The general area of the project is classified Developed, while the AECs impacted by the work are classified as Conservation. In general, the Town of Ocean Isle Beach allows development in Conservation classified AECs, which is consistent with the State's minimum use standards. The Town of Ocean Isle Beach Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these standards appear to be applicable to this proposal. Provided all local, state and federal requirements can be met, this project appears to be consistent with the Town of Ocean Isle Beach Land Use Plan. Cc: File Coastal Management ENVIRONMENTAL QUALITY November 18. 2016 TO: Mark Zeigler Division of Community Assistance Wilmington Regional Office PAT MCCRORY Govemor DONALD R. VAN DER VAART Secrelary BRAXTON DAVIS 1).... w FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsCilncdenroov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA/Dredge & Fill Application Review Applicant: TJM Ocean Isle Partners, LLC (Ocean Isle Marina) Project Location: 2001 Sommersett Rd., SW, adjacent to the AIWW near Ocean Isle Beach, Brunswick County Proposed Project: to perform maintenance excavation of a marina basin within the previously authorized footprint Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by December 12, 2016. If you have any questions regarding the proposed project, contact Sean Farrell at (910) 796-7424 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** K 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. SIGNED N V -` r1 DATED < < ` Z(� I Slate of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Dave Ext., Wilmington, NC 29405 910-796-7215 PAT MCCRORY Gavemor ?,a Coastal Management ENVIRONMENTAL QUALITY November 18, 2016 TO: FROM: SUBJECT: Applicant: Project Location: DONALD R. VAN DER VAART secrelary BRAXTON DAVIS Director Dan Sams District Manager-DEMLR Wilmington Regional Office Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(o),ncdenr.gov Fax: 395-3964 (Courier 04-16-33) CAMA / Dredge & Fill Application Review TJM Ocean Isle Partners, LLC (Ocean Isle Marina) 2001 Sommersett Rd., SW, adjacent to the AIWW near Ocean Isle Beach, Brunswick County Proposed Project: to perform maintenance excavation of a marina basin within the previously authorized footprint Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by December 12, 2016. If you have any questions regarding the proposed project, contact Sean Farrell at (910) 796-7424 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. SIGNED DATED ZG/ RECEDED 0CM WILMINGTON, NC NOV. 21 W6 State of North Carolina I Envirommotal Quality I Coastal Management 127 Cardinal Drive Ext, Wilmington, NC 28405 910-796-7215 Coastal Management ENVIRONMENTAL QUALITY November 18, 2016 PAT MCCRORY Govemor DONALD R. VAN DER VAART Secretory rNov 18 2016 BRAXTON DAVIS Director TO: Georgette Scott Stormwater Section DEMLR - WiRO FR M: Heather Coats, Assistant Major Permits Coordinator \ NCDEQ — Division of Coastal Management Xd' 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(a).ncdenr.gov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA/Dredge & Fill Application Review Applicant: TJM Ocean Isle Partners, LLC (Ocean Isle Marina) Project Location: 2001 Sommersett Rd., SW, adjacent to the AIWW near Ocean Isle Beach, Brunswick County Proposed Project: to perform maintenance excavation of a marina basin within the previously authorized footprint Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by December 12, 2016. If you have any questions regarding the proposed project, contact Sean Farrell at (910) 796-7424 when appropriate in-depth comments with supporting data is requested. REPLY: .. LZThis 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. SIGNED DATED fL /22 RECEIVED OCM NIILMINGTOK NC State of North Carolina l Environmental Quality l Coastal Management DEC 12 �Ulb 127 Cardinal Drive Ext., Wilmington, NC 29405 910-796-7215 0 ICU Coastal Management ENVIRONMENTAL QUALITY November 18, 2016 TO: Tim Walton Dept of Administration State Property Office PAT MCCRORY Uovernor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS DUecmr NOV 2 2 2016 FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(a)_ncdenrpov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA/Dredge & Fill Application Review Applicant: TJM Ocean Isle Partners, LLC (Ocean Isle Marina) Project Location: 2001 Sommersett Rd., SW, adjacent to the AIWW near Ocean Isle Beach, Brunswick County Proposed Project: to perform maintenance excavation of a marina basin within the previously authorized footprint Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by December 12, 2016. If you have any questions regarding the proposed project, contact Sean Farrell at (910) 796-7424 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" _ZThis 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. SIGNED DATED RECEIVED DCM WILMINGTON, NC State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 01 f,a Coastal Management ENVIRONMENTAL OUALITY November 18, 2016 0 PAT MCCRORY Gowm,r DONALD R. VAN DER VAART .,*V"tary BRAXTON DAVIS Director t TO: Renee Gledhill -Early � Dept. of Cultural Resources d� ' o 4 Archives & History II ii FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext , Wilm., NC 28405 heather. coatsCDflg,ienr.gov Fax: 395-3964 (Courier 04-16-33) LJ {�l6 SUBJECT. CAMA /Dredge 8 Fill Application Review Applicant: TJM Ocean Isle Partners, LLC (Ocean Isle Marina) Project Location: 2001 Sommersett Rd., SW, adjacent to the AIWW near Ocean Isle Beach, Brunswick County Proposed Project: to perform maintenance excavation of a marina basin within the previously authorized footprint Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by December 12, 2016. If you have any questions regarding the proposed project, contact Sean Farrell at (910) 796-7424 when appropriate in-depth comments with supporting data is requested. REPLY: _ This agency has no objection to the project as proposed. .wclitional 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. SIGNED �rL �—� DATED RECEIVE-L:) DCM WILMINGTON, NC U E C 0 5 2016 NOVC Stale of Nmth Cmo4nu I FnVtmmmml QtW4 1 ConW MaoagcnmN O 3 j� " Z 014 127 (:ut ] Dnw Ent, W ilml pmE NC 28405 910-796-7215 Coastal Management ENVIRONMENTAL QUALITY November 18, 2016 Shannon Jenkins NC DMF Shellfish Sanitation Section PAT MCCRORY Governor DONALD R. VAN DER VAART .Secretory BRAXTON DAVIS Director FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(d)-ncdenrgov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA/Dredge & Fill Application Review Applicant: TJM Ocean Isle Partners, LLC (Ocean Isle Marina) Project Location: 2001 Sommersett Rd., SW, adjacent to the AIWW near Ocean Isle Beach, Brunswick County Proposed Project: to perform maintenance excavation of a marina basin within the previously authorized footprint Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by December 12, 2016. If you have any questions regarding the proposed project, contact Sean Farrell at (910) 796-7424 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. SIGNE DATED Z �� D Ga I, k r 5 Received NOY 2 2 1016 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 � 910-796-7215 DC e " if 40 Coastal Management ENVIRONMENTAL QUALITY November 18, 2016 TO: DISTRICT 3 NUV 2 2 2016 RECEIVED Ben Hughes NC Dept. of Transportation NH Co. & BR Co. PAT MCCRORY Goveoaor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(c)-ncdenr.aov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: TJM Ocean Isle Partners, LLC (Ocean Isle Marina) Project Location: 2001 Sommersett Rd., SW, adjacent to the AIWW near Ocean Isle Beach, Brunswick County Proposed Project: to perform maintenance excavation of a marina basin within the previously authorized footprint Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by December 12, 2016. If you have any questions regarding the proposed project, contact Sean Farrell at (910) 796-7424 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" his 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. SIGNED L�, L Rf DATED RECEIVED DCM WILMINGTON, NO DEC 0 S 2NG State of Notlh Carolina I Fnvironmental Quality I Coastal Management 127 Cardinal Dave Ext., Wilmington, NC 28405 910-796-7215 Coastal Management ENVIRONMENTAL QUALITY 14 11-4.03 PAT MCCRORY Governor DONALD R. VAN DER VAART secretary BRAXTON DAVIS Duvcvor �N� 4 C, November 18, 2016 pjOV 2016 TO: RECiOVED Maria Dunn c NC Wildlife Resources Commission For WiRO 68L 95��' FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather.coatsCa)ncdenr.pov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: TJM Ocean Isle Partners, LLC (Ocean Isle Marina) Project Location: 2001 Sommersett Rd., SW, adjacent to the AIWW near Ocean Isle Beach, Brunswick County Proposed Project: to perform maintenance excavation of a marina basin within the previously authorized footprint Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by December 12, 2016. If you have any questions regarding the proposed project, contact Sean Farrell at (910) 796-7424 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. SIGNED ��— DATED IZ-� 2_:-)iC, RECEIVED DCM WILMINGTON, NC State of North Carolina I Environmental Quality I Coastal Management D E C 19 2016 127 Cardinal Dnve Ext., Wilming4on, NC 28405 910-796-7215 PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary Coastal Management ENVIRONMENTAL QUALITY MEMORANDUM: TO: Heather Coats, DCM Assistant Major Permit Coordinator FROM: Gregg Bodnar, DCM Fisheries Resource Specialist 0 SUBJECT: TJM Ocean Isle Partners LLC (Ocean Isle Marina) DATE: 12/12/2016 BRAXTON DAVIS D,,ec(or A North Carolina Division of Coastal Management (DCM) Fisheries Resource Specialist has reviewed the subject permit application for proposed actions that impact fish and fish habitats. The applicant proposes to perform maintenance dredging within an existing previously authorized footprint. The surrounding waters are classified as Primary Nursery Area (PNA), SA-HQW, and are closed to shellfish harvest. Existing water depths are approximately -3ft at MLW. The dredge footprint was authorized in Permit #4-82, with maintenance dredging authorized in Permits #169-88 and #123-07. Permit #123-07 has the standard moratorium for in -water work (lApril-30September) conditioned. This moratorium is recommended to reduce the negative effects on critical fish life history activities, to include spawning migrations and nursery functions. Due to the PNA designation and the previous authorization of the dredge footprint, it is recommended the previously authorized moratorium be reconditioned. The dredge footprint previously authorized should also be followed so no new dredging in PNA is authorized. Spoil is to be temporarily deposited on an adjacent portion of high ground that borders PNA waters. Appropriate containment structures and erosion control should remain in place and maintained until there is no potential for spoil to enter the coastal wetlands and PNA waters. The spoil could fill wetlands and if it was re -introduced into PNA waters, it can create an increase in turbidity that larvae, juveniles, and especially filter feeding species, can be acutely susceptible. An increase in suspended sediments can result in clogged gill surfaces and mortality, and can cover oysters, SAV, and other sessile fauna and flora. Contact Gregg Bodnar at (252) 808-2808 ext. 213 or greaa.bodnarCa ncdenr.¢ov with further questions or concerns. State of North Carolina I Envaoomental Quality I Coastal Management 400 Commerce Avenue I Morehead City, NC 28557 252-808-2808 1 252-247-3330 (fu) Pz- Coastal Management ENVIRONMENTAL QUALITY November 18. 2016 TO: Gregg Bodnar Fisheries Resource Specialist DCM, Morehead City PAT MCCRORY Govemor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Awtor FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext.,_Wilm.LNC 28405 heather. coats(o)ncdenrgov Fax: 395-3964 (Courier 04-16-33�, SUBJECT: CAMA/Dredge & Fill Application Review Applicant: TJM Ocean Isle Partners, LLC (Ocean Isle Marina) Project Location: 2001 Sommersett Rd., SW, adjacent to the AIWW near Ocean Isle Beach, Brunswick County Proposed Project: to perform maintenance excavation of a marina basin within the previously authorized footprint Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by December 12, 2016. If you have any questions regarding the proposed project, contact Sean Farrell at (910) 796-7424 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. SIGNED DATED l�(1 2//(b RECEIVES' DCM WILMINGTON EC.ESVED DEC 12 2016 NOV 2 2 2016 State of North Caroline I Environmental Quality I Coastal Management g'qp�pg ry 127 Cardinal Drive Ext., Wilmington, NC 28405 DCM- M 1" � D CITY 910-796-7215 0 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2016-02521 County: BRUNSWICK U.S.G.S, Quad: STATE -OCEAN ISLE BEACH GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Penn ittee: TJM OCEAN ISLE PARTNERS. LLC (OCEAN ISLE MARINA) ATTN: MR. TIMOTHY A. MOON Address: 2000 SOMMERSETT RD, SW OCEAN ISLE BEACH, NC 28469 Telephone Number: 910-579-8535 Size (acres) 0.85 Nearest Waterway AIW W USGS HUC 30 040208 Nearest Town OCEAN ISLE BEACH River Basin: PeeDee River Basin Coordinates Latitude: 33.89087 Location description: 2001 Sommersett Road, SW, Sommersett Landing, on the mainland side of the AI W W, between the Town of Ocean Isle Beach and Sunset Beach. in Brunswick Countv. North Carolina. Description of projects area and activity: Applicant proposes to perform maintenance excavation of the marina basin within the footprint previously authorized by the state. Applicable Law: E Section 404 (Clean Water Act, 33 USC 1344) ❑ Sections 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number or Nationwide Permit Number: NWP35 SEEATTACHED RGP or IVWP GENERAL, REGIONAL AND SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached Information dated 11/28/2016 and the plans dated 11/28/2016. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Wilmington, North Carolina. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact: Tyler A. 0-25 - 70, or tvler.crumblevtalusace.armv.mil. Corps Regulatory Official: Date: 11-January, 2017 Expiration Date of Verification: 3/1 017 RECEIVED OCM WILMINGTON, NC JAN 12 2017 #FOLDER DA NUMBER# SAW-2016-02521 Determination of Jurisdiction: A. ® There are waters, including wetlands, on the above described project area that maybe subject to Section 404 of the Clean Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivets and Harbors Act (RHA) (33 USC § 403). This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any work in waters of the United States and prior to any work that could alter the hydrology of waters of the United States. B. ® There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. C. ❑ There are waters, including wetlands, within the above described project area that are subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the data of this notification. D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued . Action ID: SAW - Basis For Determination: N/A Remarks: N/A E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. if you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to. starting work. F. Appeals Information (This Information applies only to approved jurisdiction determinations as indicated in B and C above). This correspondence constitutes an approved jurisdiction determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room IOM15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at a ab'o`va address b **It is not necessary to submit an RFA form to -the D1 Division Offi if yo o not object to the determination in this correspondence." Corps Regulatory. Official:-, << Tyler A rumb y Date of JD: N/A . O+jE,I LDER DA NUMBERN SAW-2016-02521 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at httl2://corpsmgpu.usace.army.mil/cm qRex/f7y-- 136.4.0. Copy furnished: Agent: Brunswick Dredge & Dock Attn: Mr. Robert Galante Address: Post Office Box 3168 Shallotte, North Carolina 28459 Telephone Number: 843-241-8705 galanterobertnn gmail.com Action ID Number: SAW-2016-02521 County: Brunswick Permittee: TJM Ocean Isle Partners Attn: Mr. Timothy A. Moon Project Name: 2001 Sommersett Road, SW/Moon Date Verification Issued: 1/11/2017 Project Manager: Tyler A. Crumbley Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: TyIer A. Crumbley Wilmington Regulatory Field Office 69 Darlington Avenue Wilmington, North Carolina 28403 Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has-been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date A licant: Timoth A. Moon File Number: SAW-2016-02521 Date: January 11 2017 Attached is: See Section below ❑ INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission) A ❑ PROFFERED PERMIT Standard Permit or Letter of ermission B ❑ PERMIT DENIAL C ❑ APPROVED JURISDICTIONAL DETERMINATION D ❑ PRELIMINARY JURISDICTIONAL DETERMINATION B A: INITIAL PROFFERED PERMIT: You may acceptor object to the • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: if you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section 11 of this form and return the form to the district engineer. Your objections must be received by the district engineer wittrhn 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • . APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section Ii of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. REASONS FOR APPEAL OR OB]ECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in tine administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division, Attn: Mr. Jason Steele, Administrative Appeal Review Officer #PM FULLNAME# CESAD-PDO #PM_FIGLD_OFFICE_ADDRESS# U.S. Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room 1OM15 Atlanta, Georgia 30303-8801 Phone: 404 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunhto participate in all site investigations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Tyler A. Crumbley, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 MEMORANDUM FOR RECORD SUBJECT: Department of the Army Memorandum Documenting General Permit Verification 1.0 Introduction and overview: Information about the proposal subject to one or more of the Corps regulatory authorities is provided in Section 1, detailed evaluation of the activity is found in Sections 2 through 4 and findings are documented in Section 5 of this memorandum. Further, summary information about the activity including administrative history of actions taken during project evaluation is attached (ORM2 summary). 1.1 Applicant name: Timothy A. Moon 1.2 Activity location: Latitude: 33.89087 Longitude:-78.47299 Location description: Property is located at 2001 Sommersett Road, SW, -adjacent to the AIWW, in the Town of Ocean Isle Beach, Brunswick County, North Carolina. 1.3 Description of activity requiring verification: The applicant proposes to perform maintenance excavation of the marina basin within the footprint previously authorized by the state. 1.4 Permit authority: Section 10 of the Rivers and Harbors Act of 1899 (33 USC 403) and Section 404 of the Clean Water Act (33 USC 1344) 1.5 Applicable Permit: 35 1.6 Activity requires written waiver? No. A waiver is not required because the project could not.be permitted under Nationwide Permits 21, 49, or 50 which require waivers and project -impacts do not exceed the specified limits of any applicable Nationwide Permit. 2.0 Evaluation of the Pre -Construction Notification 2.1 Direct and indirect effects caused by the GP activity: Minor Turbidity 2.2 Site specific factors: High Traffic Area 2.3 Coordination 2.3.1 Was the PCN coordinated with other agencies? No. If yes, describe results including resolution of any concerns. None 2.3.2 Was the PCN coordinated with other Corps offices? No. If yes, describe results including resolution of any concerns: None 2.4 Mitigation 2.4.1 Provide brief description of how the activity has been designed on -site to avoid and minimize adverse effects, both temporary and permanent, to waters of the United States to the maximum extent practicable at the project site: Impacts to resources have been minimized to the fullest and avoided in other locations. No mitigation is required for the 133 sq. ft. of impacts. 2.4.2 Is compensatory mitigation required for unavoidable impacts to jurisdictional aquatic resources to reduce the individual and cumulative adverse environmental effects to a minimal level? No Provide rationale: Compensatory mitigation is not required because impacts are minimal. There are no project specific circumstances that would warrant requiring compensatory mitigation in this case. 2.4.3 Type and location of compensatory mitigation Is the impact in the service area of an approved mitigation bank? Yes If yes, does the mitigation bank have appropriate number and resource type of credits available? N/A Is the impact in the service area of an approved in -lieu fee program? Yes. If yes, does the in -lieu fee program have the appropriate number and resource type of credits available? N/A. Selected compensatory mitigation type/location(s): See Table 1 Table 1: Mitigation Type and Location Mitigation bank credits In -lieu fee program credits Perm ittee-res onsible mitigation under a watershed approach Perm ittee-res onsible mitigation, on -site and in -kind Perm ittee-res onsible mitigation, off -site and/or out of kind Does the selected compensatory mitigation option deviate from the order of the options presented in §332.3(b)(2)-(6)? Select Yes, No or N/A If yes, provide the rationale for the deviation, including the likelihood for ecological success and sustainability, location of the compensation site relative to the impact site and their significance within the watershed, and/or the costs of the compensatory mitigation project (see 33 CFR §332.3(a)(1)): Provide discussion orenterN/A 2.4.4 Amount of compensatory mitigation: N/A Rationale for required compensatory mitigation amount: N/A 2.4.5 For permittee responsible mitigation identified in 2.4.3 above, the final mitigation plan must include the items described in 33 CFR 332.4(c)(2) through (c)(14) at a level of detail commensurate with the scale and scope of the impacts. As an alternative, the district engineer may determine that it would be more appropriate to address any of the items described. in (c)(2) through (c)(14) as permit conditions, instead of components of a compensatory mitigation plan. Presence of sufficient information related to each of these requirements in the applicant's mitigation plan is indicated by "Yes" in Table 2. "No" indicates absence or insufficient information in the plan, in which case, additional rationale must be provided below on how these requirements will be addressed through special conditions or why a special condition is not required. Table 2: Perm ittee-Responsible Mitigation Plan Requirements Requirement Yes No Objectives Site selection Site protection instrument Baseline information Determination of credits Mitigation work plan Maintenance plan Performance standards Monitoring requirements Long-term management plan Adaptive management plan Financial assurances Other For any "no", provide rationale on how the subject component(s) of the compensatory mitigation plan will be addressed as special conditions or why no special conditions are required: N/A 3.0 Compliance with Other Laws, Policies and Requirements 3.1 Section 7(a)(2) of the Endangered Species Act (ESA) 3.1.1 ESA action area: No Effect 3.1.2 Has another federal agency taken steps to document compliance with Section 7 of the ESA and completed consultation(s) as required? No. If yes, identify that agency, the actions taken to document compliance with Section 7 and whether those actions are sufficient to ensure the activity(s) requiring DA authorization is in compliance with Section 7 of the ESA: If yes, identify agency and provide discussion Select appropriate conclusion. 3.1.3 Known species/critical habitat present? No. The Corps has determined that it has fulfilled its responsibilities under Section 7(a)(2) of the ESA. Effect determination(s), including no effect, for all known species/habitat, and basis for determination(s): No Effect 3.1.4 Consultation with either the National Marine Fisheries Service and/or the U.S. Fish and Wildlife Service was initiated and completed as required, for any determinations other than "no effect" (see the attached "Summary" sheet for begin date, end date and closure method of the consultation). Based on a review of the information above, the Corps has determined that it has fulfilled its responsibilities under Section 7(a)(2) of the ESA. 3.2 Magnuson -Stevens Fishery Conservation and Management Act, Essential Fish Habitat (EFH) -Yes. 3.2.1 Has another federal agency taken steps to comply with EFH provisions of Magnuson -Stevens Act? No. - If yes, identify that agency, the actions taken to document compliance with the Magnuson - Stevens Act and whether those actions are sufficient to ensure the activity(s) requiring DA authorization is in compliance with the EFH provisions: If yes, identify agency and provide discussion Select appropriate conclusion. 3.2.2 Did the proposed project require review under the Magnuson -Stevens Act? Yes. 3.2.3 If yes, EFH species or complexes considered: Shrimp and finfish. Effect determination and basis for that determination: No Effect determination due to the small size of permanent impacts, and the temporary nature of the sedimentation. 3.2.4 Consultation with the National Marine Fisheries Service was initiated and completed as required (see the attached "Summary" sheet for consultation type, begin date, end date and closure method of the consultation). Based on review of the above information, the Corps has concluded that it has fulfilled its responsibilities under the EFH provisions of the Magnuson - Stevens Act. 3.3 Section 106 of the National Historic Preservation Act (Section 106) 3.3.1 Section 106 permit area: The permit area includes only those areas comprising waters of the United States that will be directly affected by the proposed work or structures. Activities outside of waters of the U.S. are not included because all three tests identified in 33 CFR 325, Appendix C(g)(1) have not been met. Final description of the permit area: No Historic properties. 3.3.2 Has another federal agency taken steps to comply with Section 106 of the National Historic Preservation Act and completed consultation(s) as required? No. If yes, identify that agency, the actions taken to document compliance with Section 106 and whether those actions are sufficient to ensure the activity(s) requiring DA authorization is in compliance with Section 106 of the NHPA: If yes, identify agency and provide discussion Select appropriate conclusion. 3.3.3 Known cultural resource sites present and/or survey or other additional information needed? No. Provide discussion as appropriate Basis for effect determination(s) for all known site(s) and/or site(s) identified by a survey: GIs data layer showed no resources. 3.3.4 Consultation was initiated and completed as required with the appropriate agencies, tribes and/or other parties for any determinations other than "no potential to cause effects" (see the attached "Summary" sheet for consultation type, begin date, end date and closure method of the consultation). The Corps has determined that it has fulfilled its responsibilities under Section 106 of the NHPA. 3.4 Tribal Trust Responsibilities 3.4.1 Was government -to -government consultation conducted with Federally -recognized Tribe(s)? No. Provide a description of any consultation(s) conducted including results and how concerns about significant effects to protected tribal resources, tribal rights and/or Indian lands were addressed. The Corps has determined that it has fulfilled its tribal trust responsibilities. 3.5 Section 401 of the Clean Water Act— Water Quality Certification (WQC) 3.5.1 Is a Section 401 WQC required, and if so, has the certification been issued or waived? A general WQC has been issued for this permit. 3.6 Coastal Zone Management Act (CZMA) 3.6.1 Is a CZMA consistency concurrence required, and if so, has the concurrence been issued, waived or presumed? An individual CZMA consistency concurrence is required and has not been issued, waived or presumed to date. A provisional general permit will be verified for this activity. 3.7 Wild and Scenic Rivers Act 3.7.1 Is the project located in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a "study river" for. possible inclusion in the system? No. According to http://www.rivers.gov, the proposed project area is not within a designated or study river. If yes, summarize coordination and the determination on whether activity will adversely affect the Wild and Scenic River designation or study status. The Corps has determined that it has fulfilled its responsibilities under the Wild and Scenic Rivers Act. 3.8 Effects on Corps Civil Works Projects (33 USC 408) 3.8.1 Does the applicant also require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, would alter, occupy, or use a Corps Civil Works project? No, there are no Corps Civil Works project(s) in or near the vicinity of the proposal. If yes, provide date permission is provided: 4.0 Special Conditions 4.1 Are special conditions required to ensure minimal effects, protect the public interest and/or ensure compliance of the activity with any of the laws above? No If no, provide rationale: The terms and conditions of the general permit are sufficient to ensure no more than minimal adverse effects, and no conditions are needed for compliance with other laws or to protect the public interest. 4.2 Required special condition(s): N/A Rationale: N/A 5.0 Determination 5.1 Waiver request conclusion, if required or select N/A: N/A 5.2 The activity will result in no more than minimal individual and cumulative adverse effects on the aquatic environment and will not be contrary to the public interest. 5.3 This activity, as described, complies with all terms and conditions of the permit identified in Section 1.5. PREPAR Date: 1 M I12017 Tyler A. trej NATIONWIDE PERMIT 35 DEPARTMENT OF THE ARMY CORPS OF ENGINEERS FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS FEDERAL REGISTER AUTHORIZED MARCH 19, 2012 Maintenance Dredging of Existing Basins. Excavation and removal of accumulated sediment for maintenance of existing marina basins, access channels to marinas or boat slips, and boat slips to previously authorized depths or controlling depths for ingress/egress, whichever is less, provided the dredged material is deposited at an area that has no waters of the United States site and proper siltation controls are used. (Section 10) Coastal Management ENVIRONMENTAL QUALITY November 18, 2016 TO: Heidi Cox Assistant Regional Engineering Supervisor Public Water Supply-WiRO PAT MCCRORY Gowrn.r DONALD R. VAN DER VAART Secmary BRAXTON DAVIS 1Jirecmr NO V; wi Q"of' Rp,Aub`ca�rr hEscu aterS, c s FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(Dncdenr4ov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA/Dredge & Fill Application Review Applicant: TJM Ocean Isle Partners, LLC (Ocean Isle Marina) Project location: 2001 Sommersett Rd., SW, adjacent to the AIWW near Ocean Isle Beach, Brunswick County Proposed Project: to perform maintenance excavation of a marina basin within the previously authorized footprint Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by December 12, 2016. If you have any questions regarding the proposed project, contact Sean Farrell at (910) 796-7424 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. SIGNEEqje��DATED State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ezt., Wilmington, NC 28405 910-796-7215 Coats, Heather From: Coburn, Chad Sent: Friday, January 20, 2017 %27 AM To: Coats, Heather Subject: Ocean Isle Marina I'm ready to issue this one it just needs a signature (no one is in charge today). The number is 2007-0731v2. !"Nothing Compares Chad Coburn, Senior Environmental Specialist NC Division of Water Resources Water Quality Regional Operations Section Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Phone: 910-796-7379 email: chad.coburn@ncdenr.aov E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. RECEIVED JAN 3 1 2017 DCM- MHD CITY eI w FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Ocean Isle Manna / TIM Ocean Isle Partners, LLC 2. LOCATION OF PROJECT SITE:2001 Sommersett Road SW, adjacent to the Atlantic Intracoastal Waterway, near the Town of Ocean Isle Beach, in Brunswick County Photo Index — 2006: 2-6203; I-K, 10-11 Lat:33°53'25.52890"N Long:78°28'22.73593"W 3. INVESTIGATION TYPE: CAMA / D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 08/26/2016 Was Applicant Present — Yes 5. PROCESSING PROCEDURE: Application Received- 08/04/2016 Complete—11/03/2016 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan— Brunswick County Land Classification From LUP - Transitional RECEIVED (B) AEC(s) Involved: EW, PTA (C) Water Dependent: Yes NOV 2 2 2016 (D) Intended Use: Public (E) Wastewater Treatment: Existing- Septic system DCM- F ' Planned- NoneCITY (F) Type of Structures: Existing- 25 slip marina, dry stack building, office building, parking area, travel lift, forklift pad, bulkheads. Planned- None (G) Estimated Annual Rate of Erosion: N/A Source — N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (Coastal / 404) (B) Non -Vegetated Wetlands (Open Water) 27,000 sq. ft. (Shallow Bottom) (C) Other - Highground disturbance 10,000 sq. ft. (D) Total Area Disturbed: 0.85 acres (E) Primary Nursery Area: Yes (F) Water Classification: SA, HQW Open: No 8. PROJECT SUMMARY: The applicant proposes to perform maintenance excavation of the marina basin within the footprint previously authorized under State Permit #4-82 (1982), State Permit #169-88 (1988) and State Permit #123-07 (2007). Page 2 Ocean Isle Marina 17 Nov 2016 9. PROJECT DESCRIPTION The project site is located at 2001 Sommersett Landing, adjacent to the Atlantic Intracoastal Waterway, on the mainland side of the AIW W, between the Town of Ocean Isle Beach and Sunset Beach, in Brunswick County. To find the property from NC Highway 17 South, turn left onto NC 904 / Seaside Road SW. Travel approximately 3.5 miles to NC 179 / Beach Drive SW, turn left and travel approximately 0.6 miles to Sommersett Road SW. Turn right onto Sommersett Road SW, and travel approximately 0.4 miles until the road dead ends at the subject property. The property is an approximately 5-acre tract of land owned by TJM Ocean Isle Partners, LLC, c/o Tim Moon. The existing marina is a full service facility consisting of 25 wet slips, 270 dry storage racks with forklift haul out. The facility also includes storage buildings and an office with a residential apartment above. Also onsite are shower facilities, a full service boat yard and fuel. The approximately 715' of shoreline on the property is stabilized by an existing bulkhead which is partially bordered by coastal wetlands consisting mostly consisting of Smooth Cordgrass (Spartina alterniflora). There is no presence of coastal wetlands in the areas within and directly adjacent to the existing manna basin. The normal high water (NHW ) mark is located along the existing bulkhead. The docking area consists of two (2) separate access points parted by the forklift pad and offload area. On the east side of the forklift pad, the floating spine and associated finger piers accommodate a total of 12 formalized slips and additional transient docking space along the floating dock that runs parallel with the existing bulkhead. The structures on the west side of the forklift pad include floating spines and finger piers in an L-shape configuration. This configuration accommodates a total of 13 formalized slips and additional transient docking space along the floating spine directly adjacent to the forklift pad. The property is bordered by residential property to the west, north, and east and the AIW W to the south. The marina facility has been in existence since originally permitted on January 14, 1982, State Permit #4-82 issued to Charlie Furr. State Permit #169-88 was issued on September 2, 1988 for maintenance dredging, a travel lift and extension of the pier. This permit was issued to M & J Marine Services. The marina was later sold and operated under the name of Pelican Point Marina. In 2007, State Permit #123-07 was issued to TJM Ocean Isle Partners LLC for the reconfiguration of the docking facility structures and maintenance dredging of the existing dredge footprint from 1988. A Minor Modification to State Permit #123-07 was authorized in 2009 for development of the gravel parking area and construction of a new bulkhead. This permit was subject to the Permit Extensions Act and expired January 1, 2014. The facility has been issued several CAMA General Permits for a boatlift addition and bulkheads, (see, GP Nos. 17534, 18363, 38477 and 45823). The waters of the AIWW in this location are classified as "SA, HQW ' by the Nort�l� Water Resources. The area is designated as a Primary Nursery Area by the North Carolina Divi ' i s and is closed to the harvest of shellfish. NOV 2 2 2016 The applicant proposes to perform maintenance excavation of the marina basin with (XotM#4&r N04TyY authorized under State Permit #4-82 (1982), State Permit #169-88 (1988) and State Permit #123-07 (2007). The applicant is proposing to excavate an area measuring approximately 180 feet in width by 150 feet in length (see site plan Cl). The original dredge footprint was authorized to a final depth of -6 feet C@ Mean Low Water (MLW). The existing bottom contour is at approximately -3 feet MLW due to shoaling. The proposal is to excavate approximately 3,000 cu. yards of material by bucket and barge to achieve a depth of —6 feet MLW. The application includes authorization to use the adjacent property located at 7021 Allred St. SW. for spoil disposal. The spoil disposal area would measure approximately 100 feet in width by 100 feet in length and would be contained by a silt fence and located on high ground approximately 30' from normal high water (NHW ). The application states that the spoil would then be trucked to offsite to a location that is to be determined. e Page 3 Ocean Isle Marina 17 Nov 2016 10. ANTICIPATED IMPACTS: The proposed dredging would result in the excavation of approximately 27,000 sq. ft. of shallow bottom within a designated primary nursery area previously authorized for excavation. The spoil disposal would result in the disturbance of approximately 10,000 square feet of high ground. Minor increases in turbidity should be expected during the excavation process. Submitted by: Sean Farrell Date: November 17, 2016 Office: Wilmington RECEIVED NOV 2 2 2016 DCM- MHD CITY U PROJECT NARRATIVE CAMA PERMIT OCEANISLE MARINA TJM OCEAN ISLE PARTNERS, LLC The subject tract is located at the end of SR 1161 where it intersects the AIWW. The area is locally known as Sommersett Landing and is located between Sunset Beach and Ocean Isle Beach, Brunswick County. The site has been an operating marina since 1982 and is approximately 5 acres. Structurally there is one dry stack building, two smaller buildings serving as offices. In addition, there are outdoor boat racks, above ground fuel tank and gas pumps, boat docks, bulkhead and forklift isles. The applicants proposes to reinstate an area of maintenance excavation with a five (5) year renewal. Exact amounts/volume and spoil disposal to be determined when excavation is needed. RECEIVED NOV 2 2 2016 DCM- IUIHD CITY RECEIVED uCM WIU.41NUI CN, NC AUG 0 4 2016 a MP 19 Google I Y-F Coastal Management ENVIRONMENTAL OVALITY November 17, 2016 Tim Moon 2000 Sommersett Rd. SW Ocean Isle Beach, NC 28469 Dear Mr. Moon: PAT MCCRORY VVI Co mor DONALD R. VAN DER VAART secremry BRAXTON DAVIS Daeemr The Division of Coastal Management hereby acknowledges receipt of your application, acting as agent forTJM Ocean Isle Partners, LLC for State approval for development of the property located at 2000 Sommersett Rd. SW adjacent to the AIWW in Brunswick County. It was received complete on November 3, 2016, and appears to be adequate for processing at this time. The projected deadline for making a decision is January 17, 2017. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from November 3, 2016, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property, or at a point along the road right-of- way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Z:" Sean Farrell Field Representative Enclosures cc: Doug Huggett, DCM Heather Coats, DCM RECEIVED NOV 2 2 2016 DCM- MHD CITY Tyler Crumbley, ACOE Chad Coburn, DWR Connie Marlowe, Brunswick County I -PO State of North Caroline I Environmental Quality I Comml Mmgement 127 Cazdinal Drive Ext., Wihniogton, NC 29405 910-796-7215 N0T1(0"$1?j CAMA PERM u a_ W U Cq l: APPLIED FOR PROJECT: To perform maintenance Ocea " SW, Isle Beach, in Brunswick Countv ■ excavation of the COMMENTS ACCEPTED THROUGOPecember 1 Z 2016 APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Tim Moon NC Div. of Coastal Management 2000 Summersett Rd. SW 127 Cardinal Dr. Extension Ocean Isle Beach, NC 28469 Wilmington, NC 28405 401n, �,a AAA„ Sean Farrell, Field Representative 910-796-742 0— CERTIFIED MAIL RETURN RECEIPT REQUEST Date: 25 May 2016 Greg Allen 791 Hickman Rd Calabash, NC 28467 ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: G1�!=- --75/ 14/6e�� 141--) A�,6 by C. n D. Is delivery address different from tern 17 • C If YES, enter delivery address below: RECEIVED DCM WILI.IINGTCN, NC II I IIIIII I II I'I I I I I I I I I III II I III I II I I III I I III3. Service Type 11 11 Adult Signate ut ❑ Rreg si red Mall— 9590 9403 0603 5183 4201 17 ❑ Adult Signature Restrided Delivery ❑ cedifed Mall® ❑ Watered Mall Restricted Delivery ❑ Cedifed Mall Restrided Delivery ❑ Retum Receipt for ❑ collect on Delivery Memttendise ' - ^ rollecl on Delivery Restricted Delivery 13 Signature Confirmation'" 7015 0640 ❑D06 3683 2733 nsured Melt o signature Confirmation nsured Mail Restricted Denrery Resided Delivery —_--F -rover$500l PS Form 3811, April 2015 PSN 7530-02-000-9053 Domestic Return Receipt This letter is to notify you as the adjacent riparian landowner of Ocean Isle Marina located at 2000 Sommersett Rd SW, Ocean Isle Beach, NC 28469. We plan to reactivate the dredge area of the marina basin. Please review the attached plans and if you should have any questions, please feel free to call. Regards, Tim Moon Ocean Isle 2000 Som Ocean Isle Beach, NC 28469 910-579-6440 RECEi ✓ED NOV 2 2 2016 DCM— E .HD CITY RECEIVED IDCM WIU.41NG1"Cis• NC AUG 0 4 2016 ►sM CERTIFIED MAIL RETURN RECEIPT REQUEST Date: 25 May 2016 Ralph King 4780 Whiteville Rd NW Ash, NC 28420 ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 41 7�O Gu<f V/ t i-F ,< nt by (Printed Name) I C. Date of Delivery D. Is delivery address different from item 17 ❑ Yes If YES, enter delivery address below: ❑ No II I IIIIII IIII III I I I I I I I I III II I II III II I I II II III3. Service I ss® ❑ Adulta signature ❑ Registered MaiFm 9590 9403 0603 5183 4352 10 ❑ Adult Signature Restricted Delivery 0 certreed Man® ❑ qegistered Mall Restrtctetl Delivery ❑ Certified Mail Restricted WNery ❑ Return Receipt for ❑ collect on Delivery Mmhandise 2. Article Number (transfer from service /abe# ❑ Collect on Delivery Restricted DelNery O Signature Confirmation- 7 014 0 510 0001 9272 0 Insured Mall 6843 Restricted Delivery ❑ Signature Confirmation Restricted Delivery PS Form 3811, April 2015 PSN 7530-02-000-9053 - Domestic Return Receipt This letter is to notify you as the adjacent riparian landowner of Ocean Isle Marina located at 2000 Sommersett Rd SW, Ocean Isle Beach, NC 28469. We plan to reactivate the dredge area of the marina basin. Please review the attached plans and if you should have any questions, please feel free to call. -I- Regr Tim Ocei 2000 Sommersett Rd Sw Ocean Isle Beach, NC 28469 910-579-6440 RECEIVED NOV 2 2 2016 DCM— if HD CiTi Y RECEIVED DCN4 WII 10lNGTCN NC AUG 0 4 20$ Z AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: _TJM Ocean Isle Parntners, LLC Mailing Address: Phone Number: Email Address: 2000 Sommersett Rd SW Ocean Isle Beach, NC 28469 910-579-6440 tmoon@oceanislemarina.com certify that 1 have authorized Timothy Moon, Agent i Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: I, Greg Allen, authorize Timothy Moon, TJM Ocean Isle Partners, LLC, to off load spoils at my property to be hulled to a site for disposal. at my property located at: 7021 Allred Street SW, OIB, NC in Brunswick County. l furthermore certify that I am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Ovfner 1 GREG ALLEN Print or Typ Name Title Date This certification is valid through _03 / 30_/_2017,_ RECEIVED NOV 2 2 2016 DCM- W.HD CITY REcctvED DCM WILMINGTON, NC NOV 0 3 2016 erz Name of Property Owner Requesting Permit: 71 S Z-k 0* (Z.S) U L Mailing Address: ,.Soft+ fv%ec e�\ s\e 1., 2-6?46A Phone Number: 4910 - i 6 tiA Email Address: I certify that I have authorized 7w �� �^�1 1✓�' > Agent / Contractc r to act on my behalf, for the purpose of applying for and obtaining II CAMA permits necessary for the following proposed development: n at my property located at .5wmcr5&TP-C S ,� G�eencn Isle be�J3�V1C in '`ea.A51! County I furthermore certify that I am authorized to grant, and do in Division of Coastal Management staff, the Local Permit Officer on the aforementioned lands in connection with evaluating it permit application. Signature e., D-1A Pri4t or Type Name ,ph -- Title Date This certification is valid through 09 l01 l ZO2 0 t permission to agents to enter related to this ��lrENED NOV 2 2 2016 DCM- 1,1F11) C111Y DCM Wll.` . ,V';T0 AUG 0 9206 AUG-13'20_07 09:17 it Permit Class . NEW From:DCM MFD 2522473330 To:1 910 401 1636 STATF. OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission IIAA el mit for X Major Developmcnt in an Artsa of Environmental Concern pursuaut to NCOS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 P.2/6 Permit NUrnber 123-07 _ Issued to TJM Ocean Me Partners LLC, 6105 Bluestone Rd.. Suite 102. Atlanta, GA 30328 Authorizing development in Brunswick Counl.y al adjacent Jo the A1WW. 2001 Summersett Rd 'W. SuniniciscttLandirip. as requested in the pefnfittee's application dal.ed 1C25/07 (MP-1.3 Rch), 3/15/0711vTP-2), and 2/6107 (MP-4) inc. attached workplan drawings (17), as referenced in condition No. 1 of this perurit This permit, issued on _AVXllyk Q_1QQZ_- . is subject to compliancy, with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to tines, imprisonment or civil action; or may cause the permit to be null and void. 1) Unless specifically altered herein, all development shall be carried out in compliance with the attached list of workplan drawings: 5, 7, 8, 9, 11.1.,11.3, 12, and 16.3 of 16 dated 2/6/07, 6, 10.1, and 10.2 of 16 dated 3/15107, 10 of 16 dated 12/6/06, 11.2, 13, 16, and 16.2 or 16 dated 1/25/07, 15 of 16 dated V24ro7. Upland Develonment 2) Unless specifically altered herein, this permit authnri-res the grading and other Jand disturbing* activities associated with the redevelopment of the above referenced property, includ iig but not limited to all roads, utilities, parking, fork lift pad, dry stack units, duurulilion of existing buildings, and infrastructure associated with the redevelopment of the marina, all as expressly and specifically set forth in the attached permit application and workplan drawings. Any additional land disturbing activities and/or construction may require a modification of this permit. Contact a Division of Coastal Management representative at (910) 796-7215 for this deterrninal.iOn. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or older qualified persons within twenty (2t)) days ul'the issuing dale. An appeal inquires roselution prior to work inkialiun or continuance as die case truly be. This peuuit shall be accessible on -site to Deparbuent peisomtel when the project is inspected for compliance. Any maintenance work of project modification nut covered hereunder requires further Division approval. All work shall cease when Ore permit expires on December 31, 2010 In issuing this permit, ate Static: of North Carolina agreus that your project is comisteni with the North Carolina Cnaaral Management Propain Signed by the authority of the.. Secretary 4f DENE ald,dw Chailinan of the Coastal Resources Commission. NOV 2 2 2U r.- if f 4James H. Gr s n, Director visian of Coastal Management RE(,-1A4-- h'his permit and its conditions at RNbN kfj4eptrd Signature of Permittee 'f_ , I' AUG-13-2007 09:17 From:DCM MFD 2522473330 Toil 910 401 1838 P.3/6 '1'JM Ocean Isle Partners LLC permit # 123.07 Page 2 of 5 ADDYI i0NAL CONDITIONS Marina ReconC►euration 3) Prior to the occupancy of any reconfigured slips authorized under this permit, a marine pumpout sewage disposal facility shall be inslallc(l, cattily accessible, and operable, and m3inhained for the life of the marina. 4) The marina shall display a sign showing the location of the nearest on -site pumpout facility, including other appropriate waste disposal information, at the entrance and exit from the main piers. 5) Unless specifically altered herein, this permit authorizes only the docks, piers, and Other structures and uses located in or over the water that are expressly and specifically set forth in the attached permit application and workplan drawings. No other stnicbuc, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. 6) No sewage, whether treated Or untreated, shall be discharged at arty time from any boats using the marina. Any sewage discharge at the marina shall be considered a violation of this permit fir which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 7) All portions of the boardwalk located over Coastal Wetlands shall not exceed a width of 6 ft. and shall be elevated a minimum of 3 feet above the marsh substrate as measured from the bottom of the decking. 8) The piers and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the Hdjacent property owner's riparian access corridor. This corridor is determined by drawing a line parallel to the channel, then drawing a line perpendicular to the channel line that intersects with the shore at the point where the upland property line meets the water's edge. 9) The authorized structwe shall not extend more than'/s of die width of the watcrhody, as measured from the waterward edge of the Coastal Wetlands on both sides of the AIWW irmnedrately in front of the Project site. 10) In order to ensure compliance with Condition Nos. 8 and 9 of this permit, an as-buih survey showing the location, dimensions of the constructed structures, and the distances across the water body in relation to all ', cIiuns of the authoriu:d structure, including mooring pilings, shall be performed on the facilities, and copies of the survey shall be provided to the Division of Coastal Management, within 60 days of completion of construction. NOTE: Failure to provide the survey required is Condition No. 10 shall result in a violation of this permit. 1.1) No atl.ernpl. shall be made by the permittee to prevent the full and free use by tbeciP1�c,of allnwi�able waters at or adjacent to the authorized work. RECEIVED AUG 0 4 ?a+t NOV 2 2 2016 PiJG-13-M07 09:18 From:DCM MHD 2522473330 To:1 910 401 ie38 P.4/6 Permit ff 123-07 'uM Ocean Isle Partners LLC ADDITIONAL CONDITIONS Page 3 of 5 12) 'i'lic permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this lyerntit. The permittee is not relieved of this requireme.ul if he abandons the permitted activity without having it transferred it) a tliitd party. 13) This permit does not authorize the interference with any existing or. proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury that may be caused from existing or future operations undertaken by the United States in tho public inLercSt. 14) The permitter 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 a minimum, permanent reflectors sball be attached to the structure ui order to make it more visible during hours of darkness or incicnicut weather. 15) This permit does not authorize an increase in the number of boat slips. At no time shall more than 25 vessels be moored or docked at the reconfigured marina. Any proposal to increase the number of boat slips shall require modification of this permit. Shoreline Stabilization 16) The alignrr,ent of the authorized bulkhead shall be slaked by the permittee and approval by a representative of: the Division of Coastal Management within a maximum of 30 days prior to the start of any construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions sball require the alignment to he restaked by the permittee and re approved by DCM within a maximum of 30 days prior to the new expected start of construction. 17) The alignment of the authorized bulkhead shall be located landward of any Coastal Wetlands. 18) The bulkhead shall be constructed prior to any backfilling activities. 19) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 20) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal sheet piles or other suitable materials approved by Division personnel. 21) The backfill material shall he clean and free of any pollutants except in trace quantities. p`C F 22) All backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. NOV 2 2 2C; Excavation o, , dW 23) In order to protect juvenile shrimp and tinfish populations, no excavation shall be permitted between April 1 and September 30 of any year witliout the, prior approval of the Division of Coastal Management, in consahation with the Division of Marine Fisheries. RUG-13-2007 09:18 From:DCM MHD 2522473330 Toil 910 401 1838 P.5/6 TJM Ocean Isle Partners LLC Permit # 123-0'7 Page 4 of 5 ADDITIONAL, CONDITIONS 24) Excavation shall not exceed -6 feet below tlw normal lo%s' water levrl. In no case shall the depth of excavation exceed the depth of couriecting waters. 25) Unless specifically altered herein, the dimensions of the area to be dredged shall not exceed that expressly and specifically set forth irl the attached permit application and workplan drawings. Any proposal to change the area to be dredged shall require porntit modification. 26) No vegetated wetlands shall be excavated or tilled. 27) The temporary placement or double- hnridling of fill materials within waters or vegetated wetlands is not authorized. NOTE. The permittce's contractor is advised to contact the U.S. Coast Civard at (910) 815-4895, ext. 108 to discuss operations and appropriate lighting, markers, etc. for all dredge equipment. Spoil 28) All excavated materials shall be confined to (hc area iudicnted on the attached workplan drawings behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. Any alteration of the location of the spoil disposal site shall require a modification OF the permit. Sedimentation and Erosion Control NOTE: An Erosion and Sedimcaitation Control Plan shall be required for this project. This plan shall be tiled at least thirty (30) days prior to the bcgirming of any land disturbing activity. Submit this plan to die Department of Ertviromnent and Natural Resources, Land Quality Section, 127 Cardinal Drive Fxtension, Wilmington, NC 28405. 29) Appropriate sedimentation and erosion control devices, mcasurM or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, etc.). At a minimum, a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfilling activities. Stormwater Management 30) The N C. Division of Water Quality approved this project wider stormwater management rules of the Environmental Management Commission under Stormwater Permit No. S W8070106 on 1/26/07. Any violation of tic permit approved by the T)WQ shall be considered a violation of this LAMA petmit. RECENED NOV 2 2 20% CITY RECEIVED DCM WIL[AINGTON, Ni AUG 0 �. 201i hl1G-1312P07 og:ie From:DCM MHD 2522473330 To:1 910 401 ie3e P.6/6 TJM Ocean isle Partners LLC Permit h 123.07 Page 5 of 5 ADDITIONAL CONDITIONS General 31) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other aherati.on of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee shall be required, upon due notice from the Corps of Engineers, to rumove, relocate or alter the strucdrral work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on a(xonnt of any such removal or alteration. 32) The authorized project is located wil.hin a primary nursery area (PNA). 'Therefore, in accordance with T15A:0711.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation within the PNA shall be permitted. New dredging in any manner, including "kicking" with boat propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire. existence of the permitted structure. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may he required, including but not limited to any access permit required by thu NC DOT. NOTE: Future development of the permittec's property may require a modification of this permit. Contact a mpresentative of the Division at (910) 796.7215 prior to the commencement of any such activity for this determination_ The permittee is further advised that many non -water dependent acLividex are not authorized within 30 feet of the normal high water level. NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water Quality Certification No. 3642 (DWQ Project No. 070731), which was issued on 614/07. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No. 1978000.16 (COF. Action Tit. No. SAW-20(Y7.1332-010) which was issued on 6/19/07, RECEIVEu REMWILPAINGTCN, �' ;� 1 0 4 2016 NOV 2 2 2016 DIM- nip-1p CITy a,,a._, �1-t)_Mra Ir.Y p Yr a:= <r,ne+K rrv<M1[ aTww assume.. teaYnl Rf.T�rlJl__L.d/O.fo! rt..Y�e.[F� 71 ReV.pECp,,10 Cd--- LEAMTILs 99ZU CASH_RFF BY !NORTH CAROLINA WARRANTY DEED Raenue Sumps MUM THIS DEED, :Made this ft�r'dayof Vorember20hf,handbetw"n GRAN"IUH S'RANTFE PELICAN POINTY MARINA, INC. a 7JM OCEAN ISI.1'. PARTNERS, ILC, a NON Carolina Corporation North Curnlinu Limited Llabdity Campus, PO Bog 7387 6165 Bitraw. Read, Ste M2 Own lase Hearth. NC 2A469 Adana. GA 3WIS The d"Ipadon Gra.or and Grantee as tried lwxdn (hall include aid ponies, their hatm,uaeau.; and aaigue, and,holl Include surgulal, plural, alYtuline, faninae" ocular a, raluired by crwhrm. W'IINESSETH: line Gronlaq five r,I sbl, n,id... iou, paid by the Grant", the receipt of which it Iwrehy acknowledged, ham and by theme pmant, dun goal, b, rPpin, ,It and convey ..to the Grantee, his hero and outgo,, in fee,itnplr, mhjert In the rrwrvattans sad rmencnon, hereiouha'statsd, an that mt do lot or pared of lead situated in Shadultr'I'ownthip, simarwteh County, North Carolina, and inure particularly daeribed Y follow.: SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED H EREIN BY REFERENCE FOR GREATER CER'1 AINTY (IF DESCRIPTION. TO HAVE AND TO HOLD the aforeYld at or parcel, together with all p wili and spporfaunc" thereto belonging unto the Grant" in fee simper And the Grantor corensuls with the Granter that the Granlor is Yi"d of ere premi,es to fan rinrph, tar, the right to convey the vme in fee ,inpit. the site i, mrheahlr and free and char of all rneumhnurc r, and the Granter wJl warrant and defend the title .,.an the hi ful dsin, of W pawn. what.ur,er, atgn It, the c¢epnom herei.her nand. Title to the property herainabote damhed in ,uhject to the following eacepbosr: Reh(WA h. PREPARED BY THEANDERSONJAR"PJBdg, PLEC Wocd anJ5tnAIt,P.A H7THDUT OPDNJON ON TmE _. DEED (2508/1077) RECEIVED NOV 2 2 2016 RECEIVED DCM WILIAINGTON, NC AUG 0 4 2016 IIIINI,IIIIlllll l�rllll 1 ,as"2 a� (1) onbject to emermmtc, rnndit,on, ,ad restrictions of mead, If say; (2) 2006 ad valorem taxes; and (J) all applicable inning and land an laws, ordinances and regulations. IN TESTIMONY WHEREOF, the Grantor has caused this Insecurities to be signed in Its Corporal, name by Its duly authorized officer, on the day and yea first above written. PELICAN POINTE MARINA, INC SY: (Seal) rig h Wee STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK Thu the IS day of November, in the wear 2N16, porsotdly appeared before me M. Greg ARM Jr., Presides of Pdke Polote Marian, lu., a North Caellon Corperation, who being duly as m and personally kn^n to ton we ), says that he is the duly eudioneed orfiw of Pelican Peter, Merlon, Inc. a Nenb Camiiw Corporation, and u such has theauthority to ael for said corporation and that he signed the foregoing or muscatel itebuntenl on beha fof said Pelican Petnte Marion, Inc., mid acknowledged the said writing in be the scn and did of Pelican Pointe Motion, loc Witness my hand sad official teed or sump thit We I-T day of Novanber 2006 W. A va %, - ^� POT s ury Public PUMP n Z.e)1 g SpnJfe `.J, Notary Public Island or typed ouee My commission expnca: }Y.?DII DEED RECENED NOV 2 2 2016 DCM— MHD CITY RECEIVED DCM WILMINGTCN, NC AUG 0 4 2016 IIIINI�llldllll I-4, aveWR 4. F%HIBIT "A" TRACFONE: BEGINNING As ao iron pope in the taslem edge of NC rural peed road Nis, 1161, aid pipe being located South 13 degrees 00' East 205 feel from the southwest enamor of A remain letter or parcel Orland mma)ed by H. 1. Sormim eft mil witty Vain Sommerm[t to Robert W. Sominenem, said deed bring duly recorded in Bnak 119.t PAge s8 at the ogee of the Register of Deeds of Braorwick Canary. North Carodas; runs theater North 77 degrees and 00' Fast 230 feet to an Iran pipe: Ihanae South 13 degree 00' Easl 235 feet to a low water mark of the Intracoastal Wale,'.,: thence with the law water .ark of told becrairmatal Waterway South 71 degrees and 00' Were 261 feel. the division line of elm, 10 and 11 of the D.S. Frisk Estate Larads According in a map registered in Book of %fops 2 RS no Fear Ian ne Ibe dOce of the Register d Deeds of Brunswick Cooney, North Carokas: one share North 13 degrees 00' West with Road division line 220 feel to ARE irun pipe; rheoaa North 71 degree° 06' Ear. 30 feet In.. Iran pipe sad the ealet. edge of N.C. rural paved fond 1161; thence North l3 degree and 00' West With the Eastern edge of aid mral paved mad 65 feel to the place amp point of BEGINNING, containing l.Sl acres according to A survey made by C. R Berry, BUS, October 17, 1967. Thu Trial is subject to Ibe folk,wing PERPET CAL LAND USE RESTRICTION Gran ithim er; Groundwater from the file is prohibited from use As a water supply. Water supply vi oraoy kind shall sot be bursRed or operated on the site. For Back Reference fee Deed Book 231, Page 567, Rook 304, Page 762, Book 456, Page 914 and Bank 991. Page 104, all of the Bmmwule County Registry. I HACI INO: BEGINNING at PK..it.1 the h,lerwctwo of the ceaterams of NC Highwq 179 and State Read 1161; thence South 10 degrees 26 minor" 30 second. Fast 319.73 feet to a IRK moil; thence South 10 degrees 19 elms"s two 2,30205 fees to a IRK oall; mace South 07 degrees 43 minUe 21 seconds Fast 27LI1 feel in an iron pip., Banner South 07 degrees 43 miom" 21 spends fist 2.9 feet to a point is the right of way of SR 1161, the piece and point of BEGINNING; from the beginning point A. chat described; Ih..m South 10 degrees 20 ruaulee East 221.07 feet to A point in the northern right ofway of the ADantic Inlercoasrd Waterway; thence with said right of way South 87 degrees 21 minutes W seconds West 211.63 feel to A polar which It. North 87 degrees 21 minor" 06 s"anda FAR[ 36.36 red from A coocrele Eight of way marker, thence North 10 degree° 24 minor. West 208.39 feel to an irun pipe; thence North el degrees 94 minor" 20 records Fast I IS.12 feet to an imo pipe: thence North 81 degree, see manure, 20 seconds East 97.63 feet to a paint' the piece and point of BEGINNING containing 1.04 Acmes, mere or less aR more p.nimlady described in a survey, plat dated 13 October 1982. prepared by Bobby M. Long. l9 which plat reference it made for greater certainly of description. The above desribed property u further identBlW and delineated in the, plat of survey entitled. "Map of Joseph Delam Hknou Property for Brunswick Bay Dev. Compaq," dated April 30, 1987, pictured by Jon K. (sole, R11, aid survey bring recorded in Map ('ahmN it. Page U2 of else Brunswick Registry of Deeds. For Back Reference eee Bonk "I, Page 140 and Book g01, Page 1043. all of she Brunswick County Registry. TRACT THREE: BEING o0 of a certain tract or parcel of land tontaining 1119 Acres, more or loss. According to a mrmy prepared by Senior] '1'. Inman, Registered Land Surveyor a1.2778 dated the 126 day of JWy, 19U cad duly recorded in Mep Cabinet Tal Page 15, he the OlFwe of the Bruuwick County Registry for A more full And inn then, description. For Bado Reference ice Book l^ Page 135 and hank got, Pa pr 10".11 al the Brunswick County Began,. DEED RECEiV`D NOV 2 2 2016 DCM- rv"HD CITY RECEIVED DCM \aril reef,it-Tr , ei-:azNe u:N:N.Mt srwr;w r«m�r. ac at Rrpa dmm: sN..N (NaNl) RMBn1�f Lr3CemI_� G srae r mtwass ua as n„,¢:m awW NORTH CAROLINA GENERAL WARRANTY DEED STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK THIS DEED, made this the L day of January, 2008, by and between RIMY Tom" COLE (unmarried). party of the first part, hereinafter referred to as Grantor, and TJN OCIAN ISIM PAATREBR, LLC, a North Carolina Limited Liability Company of 6105 Bluestone Road, Suite 302, Atlanta, Georgia, 30328, party of the second part, hereinafter referred to as Grantee: W I N E S S E T H THAT the Grantor, for a valUhble consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee, it's successors and assigns, in fee simple, all that certain lot or parcel of land situated in Shellette Township, Brunswick County, North Carolina, and being more particularly described as follows: TRACT ONE: BEING all of Tract One containing 10, 158 square feet, more or less, as more fully described in the survey plat dated 5 June 2003 entitled `Survey for. Tommy Cole- prepared by James R. Tompkins, P.L.S., `•qpd recorded: an an attachment to that deed filed of record in Bbok 2409 at Page 116, Brunswick County Registry. ' TRACT TNO: All right, title and interest of Grantor in and to Tract Two as described on a survey plat dated 5 June 2003 entitled -Survey for Tommy Cole- prepared by James R. Tompkins, P.L.S., and recorded as an attachment to that deed filed of record in Book 2409 at Page 116, Brunswick County Registry. TO HAVE AND TO HOLD the aforesaid lot or Parcel of land and all privileges and appurtenances thereunfo belonging to the Grantee in fee simple. AND the Grantor does hereby covenant with Grantee that Grantor is seized of the premises in fee simple, that he has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claim:,,of all perkwo whonscever, subject to the following exceptions: -Utility easements of record. -2008 ad valorem property taxes. -Restrictive covenants of record. `C Er D Prepared by: BA=TSMTSMICA PLLC, Attorn"s at Law NOV 2 2 2016 DCM- L IF�D C1 RECEIVED DEED (2730/727) DCM WI P•A!NG7CN, NC AUG 0 4 2016 ., , k Y. �}rili ru�� Il is 2 .f d.e: esi 1 e1 IN WITNESS NHSREOF, the Grantor has hereunto set his hand and seal, the day and year first above written. e �1��� ♦� (SEAL) 18NRY OMAB COLE IUNaYY1edS— STATE OF NORTH CAROLINA COUNTY OF BRONSNICR ' I certify that the folloring PaTSort)/) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: HENRY THOMAS COLE lunmarrie Notary PODI i-�1—R Na1kGi K Na9y 1. Notary's PrintedName:_ i Date JY,OY My Commission Expires: Iia „K N 1 -r0 � 09�.....-�o *. BWtOK RECEIv` NOV 2 2 2016 DC"'1- hrHD CITY DEED REC - NED DC6A�nr�i f,nnd�,Trnl v. �IIIIWIIIIIMIII�NIII�IIfl, ?�'! °�, o el-16aeY II:M:U.M2 a,....1.. r^u^lY. K MC IIaNM/ Wren;: llM.ae I.Ueel1 /wleawMwM we wait'• Meade, w+i4 as.�r^v'1 I„1 j TYa�I-1F O$eane+v.:.,:caiYlw aetmrtm aesw ' ❑Oto-av�•: -•-swnelpotiml NORTH CAROLINA STATE OF NORTH CAROLINA GENERAL WARRANTY DEED COUNTY OF BRUNSWICK THIS DEED, made this the iBtA day of January, 2008, by and bet we" TNOWNB J8WWXK M'MoVLI, > and rile, Tri>oA 3PA>ORY Mehl, party of the first part, hereinafter referred to as Grantors. and TJM OCOW IS= V&Ar11W, LLC, • Worth Carolina Limited Liability Ca4aaY, of 2000 Somearsett Road, SW, Ocean Tsle Beach, North Carolina, 28469, party of the second part, hereinafter referred to as Grantee; H 1 T N E 5 5 E T H: THAT the Grantors, for a valuable consideuation paid by the Grant", the receipt of which is nenby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee, its heirs and assigns, in fee simple, all that certain lot or parcel of land situated in Shallotte Township, Brunswick County, North Carolina, and being more particularly described as followst A certain tract or parcel of land located in Shallotte Township, Brunswick County, NOrtb ,C,drolina, the same being Lot No. 2 of the SamB. Soq!lersitt`'B0, Son, according to a map made by M. G. Mooney, SUXYeyor, an'$"daacribed as follows: Beginning at a stake; said stake being .5 mile from the intersection of the Seaside Road and Sommeraett Landing Road; running. thence south 89 degrees 50 minutes east with a roadway, 51 feet to a stake: thence south 13 degrees East 115 feet to an iron copper; thence North 89 degrees 50 minutes most 57 feet It a stake);gn the Somnerse[t Landing Road; thence with totsai4 "NoYtlk�3 degrees West 115 feet. to the point begin This et',1195 on the east side of the Sommeiiett Landrd Road and is the same lot as that conveyed to Thomas J. McVey and Junius W. Lindley by Sam A. Sownersett and wife, Marie Sommersett by dead dated July 15, 1961 and recorded in deed Book 149 at Page 595 in the office of the Register of Deeds for Brunswick County; the said Junius M. Lindley having died intestate, a resident of Alamanee County, North Carolina, leaving as his sole heir at law, his daughter, V the �,s'"aid^Psgggy. Drury. And being the same yzopertyv`°se,a was coo4ey2d by Thomas I - McVey, Widower, to"Thomas Jaflapson McVey, Jr. and wife, Linda Hackney McVey by deed dated 1 April 1976, recorded in Book 351 at Page 921, Brunswick County Registry. RECEWEL-) NOV 2 2 2016 There is further conveyed herewith all right, title and �tA L�/f� interest of Grantor in and to that portion of Sonmlersett C MH- IV D C1_i_y Road which adjoins the jsijtoperty on its -eat side and which has been abandoned by,the North,° "�'^"i ,'glina Department Of Transportation. e� ..,.... TO HAVE AND TO HOL)6 the 0foreiAid lot or parcel of land and all privileges and appurtenances thereunto belonging to the Grantee in fee simple. 7rapas'ad by: BAXLSXSMTBRICA, #=, AttOZUWa At I" RECEIVED DEED (27301744) DCM Nil! F_hINCTC-, " AUG 0 4 20U' YfI�A ;7"130.P8145.3'y„ r AND the Grantors do hereby covenant with Grantee that Gran Wra are seized of the premises in .fee simple, that they have the right to convey the same in fee simplm{ that title is marketable and free end clear of 811 encumbrances, and that f4antors will warrant and defend the title against the lawful clpima oY"k3r1.,pHfsons whomsoever, subject to the following exceptions: -Utility easements of record. -2008 ad valorem property taxes. -Restrictive covenants of record. IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals, the day and year first above written. /faN w4Y (SEAL) �)i awvsz, .m. _<.�- rVu- (seAt) Khc� me STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK I certify that the following persons appeared before me this day, each acknowledging to me. that •.bey voluntarily. signed the foregoing document for the purposes therpir .stated and in the capacity therein indicated: Thomas Jefferson `Hovey, and rite, Linde Haolwy NOV". otei Pnnl �c Notary's Printed Name:Jacugeline M. Reinhardt Date t/IE/MOE My commission Expjr4a:__ 11(�7/200R w,y t 9 t A�TAlp ;& � 4<$t•,PUBL10.f� re'2ssc w'i. NOV 2 2 2016 DCM- MHD CITY r,u REf�NVD; DCM VN DEED r; atunawlrt Ca,a, _-2'9tater of re.w. 'not ot # J, Robl ty I t37'Iia, 4O S-*2116page tl �c,N�fm ohm/zaDc o3:no:lsp, ra�y+175yC�1 wawa RW� �p MMM1M AM�e M 06/26/2006 $550,00 2 yy n.,., w�s.urw• REI �� Ai wµ TOTAL P I R ,.. R&Y_QS AMrT jalt, CASH_ REFBY - MM CA 40LM 99MRRL MBIRSMTT DEED STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK THIS DEED, made this the /���J`� day of Jose, 2006, by and between OREN MILLER TAILOR, "IS. and VICTORIA DAILRT TAILOR and husband, WOROE RONAM TLYLOR, parties of the first part, hereinafter referred to as Grantors, and TJN OCEAN ISLE PARTNERS, I=, a Worth Carolina, Limited Liability CONpany, of $105 Bluestone Rd., Suite 302, Atlanta, GA 30329, . party of the second part, hereinafter referred to as Grantee: W I I N E G S E T 3: THAT the Grantors, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, have and by these presents do grant, bargain, sell and convey unto the Grantee, its successors and assigns, in fee simple, all that certain lot or parcel of land situated in Shallotte Township, Brunswick County, North Carolina, and being more particularly described ao follows: BEGINNING at a stake in the eastern edge of ths Sc®eraett Landing Road, said Stake being the southeast corner of that certain tract or parcel of land AS conveyed Su S. 6onersett by Viola R. Smensatt by Deed dated April 2, 1959, as the same appeus of record in Book 136 at Page 611, in the Office of the Register of Dead. for Brunswick County, said beginning point also being north 13 degrees want 220.3 fat os measured along the astern edge of said soammrsett Lending Road from where it intersects the highwater park of the Intra- coastal Waterway; from said .beginning point runs theece South 69 degrees 50 minutes sat 207 fat to a stake; roan thence north 13 degrees sat 70 feet to a stake fees thence north 69 degrees 50 minutes oat 207 feet W the eastern edge of the Sceeersett Landieg Road; rune thence south 13 degrees most with the asscern edge of said fond 10 feet to the place ad point of BEGINNINS, the sums being Lot No. 1, of the Sam B. Scammratt property, as surveyed by N. 0. Noonmy, Surveyor, on July 15, 1961, and a1SO being a part of that certain tractor parcel of land cenve,yed Sam B. eoeemrsmtt by Viola P. Sceeersett by Dead dated April 2, 1059, as the same appears of record in Sook 136, at Page, 611, in the Office of the Register of Deeds for Brunswick County, Worth Caroline. Per back reference sea Dead Book 668, Page 557 of the Brunswick County Registry. RECENED NOV 2 2 2016 TO HAVE AND TO ROLL the aforesaid lot or parcel of land and all DCIVM- M HUID C1 privileges and appurtenances therednto belonging to the Grantee in fee simple. PREPARM BY: Rk LETSNITSNICK PLLC, ATTORIRIB RECEIVED IDCM WILP•AINGTCIN Nf' DEED (2416/63) lost 1 .117440 Book 2416A ge: 61 AND the Grantors do hereby covenant with Grantee that Grantors are seized of the premises in fee'`siaple, that they have the right to convey the same in fee simple, that title if--a:arketablo and free and clear of all encumbrances, and that Grantors will`wYstapt and defend the title against the lawful claims of all,'parsons, whomsoever, subject to the following exceptions: -Utility aaaemasts of racacd. -2006 ad valorem Property taws. -Autsictfvs mewnaats of mozd. IN WITNESS WHEREOF, the Grantors have hereunto set their hands and coals, the day and year first above written. . �.,�% _(VAL) G60RGC RONALD T STATE OF NORTH CAROLINA COUNTY OF ' certify that the following persons) personally appeared before me this day, each acknorledgipq to ins tha+, bsa r she voluntari, a foregoing documentand for t(�s pu°pas,0, stated°i4'rbin in y n1 indicated: Om1QLAtA '101yf.0R P6�" pplia/)d:i 1 b Notary's Printed Name: J�x11 L. ..v; Data„__r/u.+23'larf+ My Commission Expires;,- BA ax .24vv STATE OF NOE'CCOUNTkhZd STATE 01 1 I certify that the following .. Person (8) personally appeared befo this day, each acknowledging to me that he or she voluntarily foregoing document for the r:irpone misted therein and ip' Qa indicated: VTCTOAIA DATLES TALIAA ,,a**md-6mbom4.. am , Notary's Printed Name: v GrJ�tlkW .- Date ja1.3'2ptf my commadsion Expires:,. 1/CG Oay 7�7 DEED FaECEM'. NOV 2 2 2016 DCM- MF: RECEIVED IDCM WILIAINGTCN, PA: AUG 0 4.2016 �er�iJ. R,op jb41aGr of Imeds rnat sme ►337q41 06/23/2006 03:00; Hope �2�rYt:l 09/29[2004 9297,60 3 r3,��rm,''� R a C. w" EW i•Yb �—AiMC l.R ♦♦ CASN_16_By WORTH CRROLIM QXMtkL I MPAWr Dim STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK THIS DEED, made this the ;?A_Mdday of June, 2006, by and between RIM N. JOBDAM, Single, party of the first part, hereinafter referred to as Grancor, and TJM OCii1M ISLE PARTNERS, LLC, • Worth Carolina Limited Liability Company, of 6105 el"stons Rd., Spite 302, Atlanta, GA 30328, party of the second part, hereinafter referred to as Grantee; W IT N E S,„A.,.E T H THAT the Grantor, for a value b consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these present; does grant, bargain, sell and convey unto the Grantee, Its successors and assigns, in fee simple, all that certain lot or parcel of Land situated in Shallotte Township, Brunswick County, North Carolina, and being more particularly descrAbed as follows: E>" MCC-=: SIGMY1IG at an iron stake an the wet aids of the Saammmrsett lending Hoed 9 feet from pester, said beginning point being 2884 feet from where the western edge of the pavement of the Someersett Landing load intersects the center of Highway 904 as meesared along the weatern edge of the pavement of the Sommersett Landing Road In a southerly course: runs thence with the western edge of said road, South 13 degrees Hut 75 feet to an iron stake, Dalbart Hinson's corner; thence with his lips South 66 degrees 20• Best 100 feet t0 an iron stake: tbucs Worth 13 degrees Most 75 fast to an iron stake: then North 86 degrees 20' Hut 100 feet to the POINT Or BEGINNING: provided, that certain 10' right-of- way heretofore conveyed to Bobby H. White, is Z=ZPTED from this conveyance. TRACT 761: BEGINNING at a nail located within the right- of-way of M 1161, said nail Ming located 2884 feet, more or less, South free the center line of NC Highway 904, and also Ming. located North 02 degrees 461 30e West 40.28 feet from a nail located in M oak tree, said point Of BEG1NNiNG also Ming know we the "Homer Prink Corner": from said beginning point thus located, thence South 81 degrees 50' Most 100 feet to an old iron; thence North 06 degrees 55' Nest 75.17 feet to an old iron pipe; than" North 81 depress 56' East 100 feet to an iron within the right -of -ray of 8R 1161; thence South 08 degweea 55' tut 75 feet to the point and plane of 8i0INNING: provided, this conveyance is made SUBJECT TO that certain "Moment in favor of Brunswick County recorded in tread Back 761 at Page 1079, in the Offi" of the Brunswick County, North Carolina Registry. PREPARED BY: RRZLZYMITBNICK FLLC, ATTORNEYS DEED (2416/66) RECENED NOV 2 2 2016 DCM WMA!NGM AUG 0 4 201b Inst 1 337/41 Runt 2416P&W: 66 TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances the reunto belonging to the Grantee in fee simple. AND the Grantor does hereby covenant with Grantee that Grantor 1.8 seized of the premises in fee simple, that she has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons, whomsoever, subject to Lite following exceptions: -Utility easements ef._e rd. -1006 ad valorem yroparty taxes. -Reatrictiw eovanante of sw(oerd. IN WITNESS WHEREOF, the Grantor has hereunto set bar hand and seal, the day and year ve it A (SM) STATE OF NORTH CAROLINA COUNTY or BPAMSWTCR I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capac Lty indicated: 3=W. JOIIDAY, SAsgle, I*Hyc Notary's Printed Name: A. A./1..�(f Oats (s•ai !-0f. my slon Expires: s °ueuG �'p, w ftECEWED NOV 2 2 2016 DCM- MAHE) C RECEIVED DEED DCM WILMINGTON, NC AUG 0 A 2016 Manor. J a„t.t.r w a.... st-sa-twa u.aa.e ar a,..e.." frets. ac ac aavemn stww sm.e lntahNt) e Rip, Fannie— ❑,,�nvo _ _..axSb� �Ilxrn•" .yteml NORTH CAROLINA WARRANTY DEED THIS DEED, and. this 29th day 041'Janwry 20M. by and between GRANTOR Si$ANTFE KENIO l BRYAN and wife. TJM OCEAN ISLE PARTNERS, I,I.C, a AI.ICE. O. BRYAN Nomb lCaralina Limited Liability Company '039 Allred St. SW 2000 Sommetsett Road SW I)rean Isle Beach, NC 28dbf Ocean Isle Beach, NC 28469 The designation Grantor and Grantee as wed herein shall include said parliev. and shall include singular, plural, maer dine, feminine or neuter as required by contest. W IT M E S S ET II: The Gnnmr. far >al ublc cawideratiun paid by the Grantee. the receipt of which i• hereby acknowledged, has and by these presents dote grant, bargain. sell and comity unto the Grantee in fee simple, all that certain lot or parcel of land simaled in Shallotte Township, Brunswick Counts. North ( arollna, and more partlfularty described as faROw Y: TRACT ONE: I., Na. 3 of the Sam B. Sommefaetl hums de. s.bed in *dead dated April 2, 19W, .ad thereafter recorded in Book 134, Page 411, rccaeds of Braeswkk Count), said lot being speci0v.11) tussled punwnt to >urve) of NI. C. Nicerum,.arveynn on.li ly 16, 1961. said lot being sptrilir.By described a• hdbw•: BF WNNING at a point a the suthrrn edge of n 15 fool road,,hv, wuthere edge thereof, for a lie it,,, ran .,,all a9 degree. 50 minutes uses, a dismncc of 5' fey,, the eastrro edge of the S.anmeraelt landing road,..ld po r, of inter serbo. Owing -hour our half m0e .e mensaml in is norrberf) direction aI"%the eattern edge of sod road from the point %here said road iatrmel ost wall Ohl oabern edge of the et.s1d( Road ..it fnm and hi,00re rag point .... theater ..Ili 89 degree, all minala to with the s.atbt,. sIRc rat said to foot nadw.e,. distance of'5 fact; thence soaH 13 drgrrr% an•l, a distucv of 115 test: thtnce north 99 diaries all minele• west. a disunce of'5 face; these( north 13 drgrnn w,xi, a distance ed is 5 feel. place$ad point of beginaug. IRA( T CA0. Same hclng lot No. J of the Sum B. Sauunt>x1i Subdivision, according to map R E C E N E ireordad in Book'.. Page 110 in the office of the Kingbolt, of Deeds of Brunswick County, North Cantina. BF CINNING at a flake in the Allred line: runs theme wast 75 fact to is link., theme nonherh direction and literalist with the Allred baths fret to a stake in the drive nay; thence to NOV 2 2 2016 taster♦, course with the drivcw as 75 feet to a stake is the Allred Iise: thenct with the Allred line a vauthesls course 115 feel to the point of ballnniog. Being the c.me lands dewcribed in deeds recorded in Rook 139g a P-ge 1269. Book 1128 at Pap pC fN_ r �, C iTY 3II. and Book IRO a pap 297 of the Bramwck County Regis[,. Briny, the sun land, described ran be survn by J. K. Dale, PIS, dated Augost 26. 2RIO, s may of which is rry rded in Book 2047.1 Page "it of>h. Brunswick Couty Registry and ucorps toed benio by reference. For, back reference see Hook 2047 at Page 967 of the Brunswick County Ri gNtn. CED PreparedRECFI Pglernl M: Anderson Andern Law Finn, 1'LLC ISSBI Without Upinwrn an I'ttl< DCM I-�•nIN a 'C W DEED (2735/574) BUG p n. 2016 �II�INU�I�eII1�YIlilalilllY a�r�s r o..a: P,o, 2 eI 2 TO HAVE AND TO HOLD Ibe aforeakl lot or parcel of land and all prh'Bcgn and appurtenances thereto belonging unto the Grantee in fee simple. And the Grantor covenants pith the Grantee that, Grantor b sated of the premise In fee simple, has the right to amsvy the sumr in fee simplt, the title is marketable and free and clear of all eo"nibrancn. and the Grantor will warrant and defend the title against the woeful claims of all persons whomsoever. IN TESTIMONY" WHEREOF. the Graatar has causal this instrument to be signed on the day sod year first above nrinen. (Send) Kenneth C. Dry I (Seel Alin M WY" STATE OF NORTH CAROLINA COUNTY OF BRLWMCK 1, a Notary PabBc of the State aforesaid, do hereby certify KENNKrH C. BRYAN sad A WCE O. BRYAN, the principal(s), personalty appeared before me this day, and III have personal knowledge of the identify of the priscipal(s), or (h) I have arts aadsfaclory cvddenm of the principals) identity, by current State or Federal identification with the principal(s) photograph in the form of a or (III) a credible witness hot, sworo to before we the Idcntih of the principals), and each principal acknowledged to me Ibat he or she voluntarily signed the foregoing document for the purpose therein and in the eapneity indicated. Winters in, hand and official stamp or seak this thell das or Januan 2008 fP0 �ss an 1'ublk P rotary Printed or typed name ISeall pI18L'# t �.7D11 \1s Cm omis..inn Expires: yl DEED NOV 2 2 2016 RECEIVED DCM WI! f•.41NG1 P y.esf f.M1 ,A �VrtY� avcr re awarertrn uy.� tI $ n 1 N r CD c_ ^� No tv ry c> Fm L G 'i NN¢iwa g1Vad l C m rra, su �� mpicme y'n� r �41I{I .'..mua, ra...n „m "„nn,✓/I'I M,/�T + q� _ Ocean Isle Manna And Yacht Club, Apr l WaterwaY _ ----- uaAGE lntra Goasta - i m 1 r CA O Fn n m to N O Cn U G n S'C —n r L (J < �1 uc Z4 a AWNORRI5 6 WARD UM 9une),ors. P.A M1 049an�f,xsu.w.. � .Gws [2K�aM[NL GL,3 w :er yyyy�� ��jj.. Ix+Mxnoxe cefeE�Mfv m Allred m arty. rae�f �' l� SYBYiI l0 � oneo-mn awm �a Ocean 15le Manna And Yacht Club, l waterWaY Intra-Coasta _ .41111f IN 2 v v �r = � m . J N 0 V F, 1 :uran 1 w. �s3ire. i�f i ared �o ! S 64Q TY6•q a+ ` mews ROM s Ocean Isle Manna And Yacht Club, v nrR�iaM�Y® O�V COp� - - — USAGE Coastal Wat�e�rway Intra�..n_ North Carolina Department of Administration Michel F Fa Ire t)otanrn W. thin COW. a'., ScaatrF November 19. 2(M Tim Moon Retrieved in penttn RE: Submerged Land Fasetnent — T1M Ocean Isle Partners, I.I.0 ocean Isle Marian & Yacht Club SPO file Y SMI. 10-LN Sim Nupcm office June W Midmux, Uucdar Attached is one full) executed original of the submerged land casement to Tim Green 1de 14rt m I.rt. Phis trdnsactk.n w ill he crmtpletLd upon )our acceptance and recordation of the eaicmenr document. rime note paragraph 16 of the document that requires recundation in order for the eascnxm to become clfcctivc. After recordation, please mail a copy of the recorded easement to this otlke addressed to m) atLLhnion. lslcasc give me a call if d can answer any questions or be of further assistance. Sincerely \` , "11 )o 1. .arm ~. Y 7 r)mw enclosmr MaIM/ Aare m Ta11pIgM (111f) p7- MID Loader: U I MWI]tmict L'eNtr Fax 4919) 7374171 116 We4 loeo Sncet Itul,io'N.C._1699 I321 State Cnreter tS?.71.711 Naleta No"Larvhw Y tpYUpp_itun� AnwnWrr MrR hn*\Rei W"M Mn "rn W lA/ R' Ya Ll�l of SUBMERGED LAND EASEMENT - r IVED NOV 2 2 2016 B2858 P1194,�'"aa Tr�N rraai M1M� ilreraa MY� Pr trarnl i.y. State 1Rrperty Offkc. NU ttcpartm-nt of A&MM01111an IJ21 %tau Setvror CvMv ad<iRa, Nina ('amtoas ?TN".1 %? i eaa xa 010-714 Ream la STATE OF NORTH CAROLINA EASEMENT COITNTV OF BRUNSWICK "'A THIS LASL•MENI (-Easement"), mode and entered into as of the dale set forth in the notary acknowledgment behn, by and bc7wten the STATE OF NORTH CAROLINA. a body politic and corporate, ("Grantor"1 and TJM OCEAN ISLE PARTNERS, LLC, a North Carolina limited liability company. (-Granloe`). WITNESSETH: THAT. WHFRL'AS, the North Carolna Department of Administration. pursuant to North Carolina General Statute § 146-12. has authorized and :yrproved the execution of this instrument for the purposes herein expressed; and, NOW, THFRFFORF, in coosx1 ratxm of the public interest in promoting citizen access to navigabk waters and for good and valuable consideration. Grantor does hereby grain unto Grantee. their heirs and asstgtts. an easement located in the Shallotle Township, Brunswick County, Nash Carolina. and more particularly descrihed M F.xhiMt A. attached hereto and incorporated herein by reference (the "Easement Area"i. as same is shown on a ncyr :iniched hcrcto ac f ihtMt H. The terms and conditium; on and for which this Easement is granted are its follows I This Fascmcol is appunxcmmt to and runs with the adjacent riparian or Imoral property aE described in Book 2508, Pagr 1083. Hack 2508, Pagr 1080, Book 2508, Page 1077. Book ?416, Page h5 and Book 2416. Page 63. Brunswick Counts, Registry (the 'Adtacrni R:-:CE10l'I--D NOV 2 2 2016 DCM- [,r FID 1 Y RECEIVEC DCM WILMINCTu AUG 0 4 201e ityll!g111iiu11111111111 82858 P3195 2. Granter shall not exclude or pretent [be general public from esercising public trust rights, including commercial and recreational fishing, shell fishing, seine netting, pound nrtUag, and other fishing tights in nasinablr wairrt within the I asemnt 1s r a. 3. lhts hasctncnt confers upon Grantee no additional rights to micriac with the apprrwal, issuame. or renewal of sheli6sh or water «coati leases or to interfere with the ua or cultivation of existing shellfish leases, water column leases. or shellfish franchises. d. This Eaawm is suh*,i a, all rights conferred in prevtruus conveyances by Grantor in anal to the Easement Area. S. This Fasemcnt is granted fix a tern of fifty (501 years beginning on the 14w day of Nuveruber, 2008, and terminating on the 13x day of November, 2058, unless earlier revoked. 6. Subject to cumpliancc with North Carolina Gerkral Statute g14&12(j). this Easement is eligible for renewal for one (I 1 additional fifty (50) year term. 7 This Evscmau enter% ihose stnrmrea allowed by CAMA Permit Number IM 07. Such structures shall be used for the followIne purposesto construct and operate a docking facility. All terms and conditions of CAMA Permit Number 12"7 arc hereby Incorporated and nude a pan Ix7rof. 8. Subject to compliance with .Article 7. lIWWr 113A of the North Carolina General Statutes, Cramec shall have the right to repair, rebuild or restore structurts kx.tled ulion the Easamtenl Area. 9 Tlx exercise of the rights under this Easement shall he continge d upon Grantee obtaining ail mtcssary penttits and a nhorUatiom and complying with all federal, state. municipal and other laws, codes, ordinances, rules and regulations applicable to the Easement Area. l,rantcc shall not make or pcnnn Duty unlawful use of tlic Fascment Area. 10. As further consideration for draining this Easement, Grantee agrees to pay to (tremor an casement purchase payment to the amrxmt of N/A. The easement purchase payment, if any, has been calculated based upon the following Information: I. Footprint of structure. JQ,,98M square feet. 2. Riparian shorNmr. 21)+5 linear feel 1 R ip.tnan crud it: 42,901. 167 ult am feet. REC DCM WILitn R:—:CEI` LE-D NOV 2 2 2016 pICxJ rs.tf, �- .,.e - F:.I t� eel g'Y 11411I Illlill l '�NIIIYI , gii t: ,tom» 11. Crantoc shall not exercise any rights granted herein in any areas outside the Easement Area without first obtaining a written modification of this Easement in accordance with North Carolina (Lic'neml Statute § 146" 124k). 12. Upon transfer ortille of the Adjxent Property during the term of this Easement or anv renewal thereof. the casement rights granted herein shall be transferred automatically to the substyurnt owner of the Adjacent Pmperty, s. hjlcct to the limitations herertafler set forth. In the event the subsequent owner of the Adjacent Property (1) gives written notification to the State Property Office, pursuant to Paragraph 15 herein. within twelve (12) months of the date of transfer of title of the Adjacent Pmpoty amompanted by a copy of the instrument of transfer. ;urd (2) remits Ltw cabcmetn purchase paymern " provided in North Carulina General Statute OR, 12(I). such subsequent owner shall be entitled to receive an easement document transferring to such owner the casement rights granted heron for the remainder of the unexpired eax•ntmn trnnfailure to comply with North C'arulim Guteral Borate &146.1N1) shall molt in termination of this Easement. I A. It is expnc sly Understood aril agreed between the panics hereto that if Crc mtee shall neglect to do and perform any ttuner or thing herein agreed to be dote and performed by him, and shall remain in default thereof" for a period of sixty 1601 days after written notice from Grantor 6L Granter calling attention to such dcfauh. ( irantor. with the Approval (If' the (iovetmn aril Council of State, may declare this Easement revoked. Said notice shall be given by certified marl to tirantee at the address set Binh in Paragraph 15 (a) of this hJsmtent. Revocation of this fasanwnt shall enlifle Grantee to seek administrative review in accordance with the provisions of Ankle 3, Chapter 1308 orthe North Carolina General Statutes- 14. Nothing contained herein shall he anrstmml to prohibit Grantee from granting other persons rights of use of portions of the structures on the Easement Arm for periosis not to exceed the term of this Women. All rights so grerncd shall automatically terminate upon cxpitatisn or M%matian of this Easatwnt 15. a All notices herein provided to be given. or which may be given, by either party to the other. shall he dccnwd to have horn hilly given when nude in venting and deposited in the United States mail, certified ud pmtagc prepaid and "- resacd as follows: Grantor: (hrerten'(kpuly flirccior-Stafc property Office 1321 \tail Sen we Centel Rakigh. North Carolina 276'A-1321 Grantee: TJM Ocean Isle Partners, LLC Attn: dim Moon 21M4) Sannmcmclt Road SW Ocean Isle Beach. North Caolina 29469 Nothing herein contained shall prccludc the giving of such notice by persona I scn•iee. RECEIVED DCM WILf•AINGTGN, NC RECEIVED AUG 0 4 2016 NOV 2 2 2016 DCM- IUHD CITY QIIIMIII1I' III I'll Iilwi ?'L efr° The address to which notices shall be mailed as aforesaid to either party may br changed by written nonce. It, In the event title to the Adjacent Property is transferred subsequent to the date of this I'asemcm. Grantee agrees to give written notification to Gramor by certified mail at the above address: within twelve (12) months of the date of such transfer of title. Such notification shall include: (1) A copy of the title transfer document (2) Thenamets)ofthe subsequentowtterts)ofthe Adjacent Property. 0) The mathng address tc) of such suhscjumt owncnsi. iti. This Easement shall become effective only upon recordation in the Office of Register of Dectis ton lkaufon County. Grantee shall mail a copy of the recorded Lasement to Grano at the address xi forth in Paragraph 15(a) 17. Fmhirc by Grantor to require stnct compliance with any term or condition of this Easement shall not be comitnml as a wailer of Grantor's right to enhttce compharwc with such term or condition or any other term or condition contained herein. M Grantee. by accgitarace of this Ememeni. agrees to comply with and he bound by all terms and conditions set forth herein - REMAINDER Or PACE INTENTIONALLY LEFT BLANK 0CM L A{IG 0 4 Z016 RECiENED NOV 2 2 Z016 n(-.m- M =601 EXIIIBI'r .A Lying and being in Shallotte I owriship, Brunswick County, North Carolina and being mere patticulmly described as follows. Beginning at a point in the northern right of way of the Atlantic Intra Coaxial Waterway, mid lvinl twine located South 81 degrees 32' M- West 257.1" feet Born US Army Corps of Emmaus monument T254i; thence front point of beginning and with the aforesaid nght of wny South 81 degrees 32' 08" West 193.02 fact to a point; thence South OS degrees 27' 53" Fast 79 W) feet m a point; thence South MI degrees 25' 52" West 188.70 fat to a point; thence South ii8 degrm 27' 53^ East 40.27 feet to a point; thence North MI degrms 32' 07" East 381.72 feel to u {win; thence North 08 degrees 27' 33" West 118.79 feet to the POINT AND PI.ACF OF BEGINNING. as shown on a survey prepared by Norris & Ward lend Surveyors. P.A. dated NovembsT Ig. 2taig .vd entitled "Suhnicryod land Fasemcnt for T3M t kcan Isle Partners. LLC" attached hereto and incorporated herein as Exhibit B, ref xcnce to which suivey in hcrcby made hit a niorc particular description of satne. DCM k" . aU"j 0 '- 2016 RECENEJ NOV 2 2 2016 Brunswick County NC GIS r2a Coastal Management ENVIRONMENTAL QUALITY PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director November 18, 2016 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice Combo: • TJM Ocean Isle Partners / Brunswick Co. • Armand Daniel, Jr. / New Hanover Co. Kyle & Heather: Please publish the attached Notice in the Monday, November 21, 2016 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Shaun Simpson at the NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by credit card to the attention of Tanya Wright, (Ref acct # 796-7215). Please email a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. cc: Heather Coats - WiRO Doug Huggett - MHC Tyler Crumbley - USACE Sarah Young - DCM Sincerely, Shau/ Simpson Permitting Support & Customer Assistance RECEIVED NOV 222016 DCM- MHD CITY State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 42 - NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that the following applications were submitted on November 3, 2016 for development permits in Areas of Environmental Concern, adjacent to the AIWW, as designated under the CAMA: TJM Ocean Isle Partners, LLC proposed to perform maintenance excavation of the Ocean Isle Marina & Yacht Club basin, at 2001 Sommersett Rd., SW, near Ocean Isle Beach, in Brunswick County, and Armand Daniel, Jr. proposed to replace an existing bulkhead at 8624 Bald Eagle Lane, in Wilmington, New Hanover County. The applications can be examined or copied at the office of Sean Farrell, N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796-7424) during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to December 12, 2016 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. RECEIVED NOV 2 2 2016 DCM- MHD CITY State of North Carolina I Environmental Quality I Command Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 NC Division of Coastal Management Major Permit Application Computer Sheet AEC: AIWW Fee: $475 #6635 CDAITS MHC cc Applicant: TJM Ocean Isle Partners, LLC Agent/Contractor: Brunswick Dredge & Dock c% Robert Galante Project Site County: Brunswick Staff: Sean Farrell District: Wllm ngton Project Name: Ocean Isle Marina Maintenance Excavation Rover File: We River Basin: Lumber Initial date of application submittal: 8-4-16 Date application "received as complete" in the Field office: U , 3 -Y Permit Authorization: KCAMA KDredge & Fill KBoth SITE DESCRIPTION/PERMIT INFORMATION ORW: Yes No PNA: Yes ❑No �c1E3Yes Photos Taken: Yes o❑ Setback Required (riparian): ❑Yes o Critical Habitat: [SINo LINot Sure 15 foot waiver obtained: Yes ®fJ0 Hazard Notification Returned: ❑Yes RNo SAV: ❑Yes No El Not Sure Shell Bottom: ❑Yes �No ❑ Not Temporary Impacts: KYes ❑No Sure Sandbags: []Yes RNo ❑ Not Sure Did the land use classification come Mitigation Required (optional): from county LUP:XYes ❑No ❑Yes KNo Moratorium Conditions: Environmental Assessment Done: Length of Shoreline: []Yes P;KNo ❑NA ❑Yes WNo ❑NA -715 FT. Shellfish Area Designation: Project Description: (code) Development Area: (code) Open -or- OpC n 9.S 0�-Cvr-S SECONDARY WATER CLASSIFICATION - OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) Swamp Waters (SW) ❑ High Quality Waters (HQW) ❑ Outstanding Resource Waters (ORW) WETLANDSIMPACTED ❑ (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort (Salicornia sp.) wetlands) Lj (CJ) Saw grass (Cladium jamaicense) (SA) Salt marsh cordgrass (Spartina F1 (SY) Salt reed grass (Spartina altemiflora) cynosuroides) (DS) Salt or spike grass (Distichlis ❑ (SC) Bullrush or three square (Scirpus El (TY) Cattail (Typha sp.) spicata) sp.) ❑ (JR) Black needlerush (Juncus El (SP) SalUmeadow grass (Spartina roemerianus) patens) APPLICATION FEE El No fee required - $0.00 ❑ III(A) Private w/ D&F up to 1 acre; 3490 ❑ III(D) Priv. public or comm w/ D&F to 1 can be applied - $250 acre; 3490 can't be applied - $400 El Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major ❑ IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 ❑ Permit Transfer - $100 11(B) Public or commercial w/ D&F to 1 ❑ Express Permit - $2000 acre; 3490 can be applied - $400 ❑ Major development extension request - ❑ II. Public or commercial/no dredge fill �/ Z- $100 and/or - $400 `G' I1�+ ❑ 1. Private no dredge and/or fill - $250 ❑ III(C) Priv. public or comm w /D&F to 1 acre; 3490 can be applied; DCM needs NOV 2 2 2016 DWQ agreement - $400 DCM- MHD CITY Ocean Isle Marina Date: 8-4-16 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 Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One New Work ❑ Maint- Replace El N ) ( Sc 0 New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. TOTAL Sq. Ft. FINAL Sq. Ft. TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name Choose One includes any Excludes any total includes Excludes any anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or temp impact temp impacts) impact amount) temp impacts) amount 6 Dredge Fill ❑ Both ElOther ❑ 2 -Z(7Dbb Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ �'eJ Dredge ❑ Fill ❑ Both ❑ Other ❑ 5 919-733-2293 n 1.888-4RCOAST :: wv w.nccoastalmananement_net revised: 10/12/06 MAJOR PERMIT FEE SCHEDULE 01-1 t 2000 Sommersett Road S W / $475 #6635 / BR Co DCM % DWQ % Development Te Fee 14300160143510009316256253 2430016024351000952341 I. Private, non-commercial development that does not involve the filling or excavation of any wetlands or open water areas: $250 100% $250 0% $0 11. Public or commercial development that does not involve the filling or excavation of any wetlands or open water areas: $400 100% $400 0%($0) III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A.B. C. r D below applies: III(A). Private, non-commercial development, if General Water Quality Certification No. 3490 See attached can be applied: S250 100% $250 0'k (SO) III(B). Public or commercial development, if General Water Quality Certification No. 3490 See attached can be applied: $400 100% $400 0% $0 III(C). If General Water Quality Certification No. 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: S400 1 60% $240 40% $160 111(D). If General Water Quality Certification No. 3490 see attached cannot be applied: $400 60% $240 40% $160 IV. Development that involves the filling and/or excavation of more than one acre of wetlands and/or open water areas: $475 60% $285 40% $190 RECEIVED NOV 2 2 2016 DCM- MHD CITY DENR CAMA Dail Cheek L for VARO Dare Data Depwife I Check Reeelpt or Ret ed 0 Check Fmm Name Name of Permit Holdw Vendor Check Number amount Permit Number/Commenle Refund/RealMcafed W20T TJM OJ n Ise Partners LLC Same/fimoN Moon First Chizens Bank 6635 $475.00Ljor fee. 2000 Sommersetl RE OIB Bruns SF rc1. 24fi7D ®LU co O rr���- V N W � Z U 0 via Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) t' . Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sectionthe� It 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 feel Access Other Channel (NLW or Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater (excluding shoreline NWL) stabilization Length 150 Width 180 Avg. Existing 3 NA NA Depth Final Project g NA NA Depth 1. EXCAVATION ❑This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. Silt 3,000 c. (i) Does the area to be excavated include coastal wetlands/marsh d. High -ground excavation in cubic yards. (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 _ OWL ®None RECEIVE© (ii) Describe the purpose of the excavation in these areas: NOV 2 2 2016 2. DISPOSAL OF EXCAVATED MATERIAL ❑This section"not applicat�le a. Location of disposal area. b. Dimensions of disposal area. To be determined c. (i) Do you daim title to disposal area? d. (i) Will a disposal area be available for future maintenance? [--]Yes ❑No ®NA ❑Yes []No ❑NA (it) If no, attach a letter granting permission from the owner. (ii) If yes, where? e. (i) Does the disposal area include any coastal wetlands/marsh f. (i) Does the disposal include any area in the water? (CW), submerged aquatic vegetation (SAV), shell bottom (SB), []Yes []No ❑NA or other wetlands (WL)? If any boxes are checked, provide the (ii) If yes, how much water area is affected? number of square feet affected. ❑CW []SAV ❑SB OWL ❑None (ii) Describe the purpose of disposal in these areas: RECEIVE[) DCM WILMINISTCN, Nk- AUG 0 4 2016 252.808-2808 :: 1-888.4RCOAST :: wvvvv.nccoastalmanauement.net revised: 12/26/06 Form DCM MP-2 (Excavation and Fill, Page 2 of 2) . . W/ 3. SHORELINE STABILIZATION ®This section not applicable (if development is a wood grin, use MP-4 — Structures) a. Type of shoreline stabilization: b. Length: " []Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: c. Average distance waterward of NHW or NWL: e. Type of stabilization material: g. Number of square feet of fill to be placed below water level. Bulkhead backfill_ Riprap Breakwater/Sill Other i. Source of fill material. Width: 11 d. Maximum distance waterward of NHW or t, ���IIIIII LI ' f. (i) Has there been shoreline erosion during preceding 12 ffj months? ❑Yes []No ❑NA (11) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. RECEIVED NOV 2 2 2016 ®C tln HD CITY 4. OTHER FILL ACTIVITIES ®This section not applicable (Excluding Shoreline Stabilization) R. (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 _ (iii) Dimensions of fill area (iv) Purpose of fill 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 fill in these areas: 5. GENERAL a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline, controlled? backhoe, or hydraulic dredge)? backhoe or hydraulic dredge c. (I) Will navigational aids be required as a result of the project? d. (i) Will wetlands be crossed in transporting equipment to project []Yes No ❑NA site? []Yes ®No []NA (ii) If yes, explain what type and how they will be implemented. (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. Ocean Isle Marina Date Applicant Name 08/03/2016 Timothy A Moon Applicant Signatur Project Name TCN, NC „I 252-808-2808 :: 1.888-4RCOAST :: www.nccoastalmanagement.net revised: 12126/06