15-23 New Jack Partners LLC

Permit Class Permit Number
NEW 15-23
(BY CRC VARIANCE) STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission

for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118

Excavation and/or filling pursuant to NCGS 113-229

Issued to New Jack Partners LLC c/o Nancy Grier, 3200 N Ocean Blvd. Apt. 408 Ft. Lauderdale, FL 33308
Authorizing development in New Hanover County at adj to Masonboro Sound, at 4601 & 4607 New
Jack Rd. in Wilmington ,as requested in the permittee’s application dated 1/28/22 (MP-1) and 2/6/22 (MP-4)
incl. work plan drawings (4), Sheet 1 of 6 dtd 3/18/22, Sheets 2-3 of 6 dtd 3/21/22, and Sheet 4 of 6 dtd 4/11/22.
This permit, issued on January 24, 2023 , 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.

This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date.

This permit must be accessible on-site to Department
personnel when the project is inspected for compliance.

Any maintenance work or project modification not covered
hereunder requires further Division approval.

All work must cease when the permit expires on

January 24, 2028
.
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DEQ and the Chair
of the Coastal Resources Commission.

For Braxton C. Davis, Director
Division of Coastal Management

This permit and its conditions are hereby accepted.

Signature of Permittee

New Docking Facility

1) In keeping with the Variance (CRC-VR-22-05) granted by the Coastal Resources Commission (CRC)
on November 17, 2022, and the Order signed by the CRC Chair on December 17, 2022, this permit
authorizes only the docks, piers, gazebo, boatlifts, and other structures and uses located in or over the
water that are expressly and specifically set forth in the permit application. No other structure,
whether floating or stationary, shall become a permanent part of this docking facility without
additional authorization.

2) This permit authorizes a maximum of 5 formalized boat slips.

(See attached sheets for Additional Conditions)

New Jack Partners, LLC Permit No. 15-23
Page 2 of 4

ADDITIONAL CONDITIONS

3) The waterward edge of the authorized docking facility shall be staked by the permittee prior to the start
of the dock construction and the permittee shall contact the appropriate DCM Field Representative for
an inspection to verify the authorized dock length and distance from NHW. The stake shall remain in
place for the duration of the construction project.

NOTE: The permittee is cautioned that, due to the proximity of the AIWW, boats utilizing the docking
facility will be subject to frequent wave wash from passing vessels. The issuance of this permit
does not relieve the permittee from taking all proper steps to ensure the integrity of the structure
and the safety of moored boats. The permittee shall not hold the State of North Carolina or the
United States liable for any damage to the structure or moored boats.

4) Any portion of the permitted access pier and docking facilities built over wetlands shall not exceed six
feet in width and shall be elevated a minimum of three feet above the wetland substrate as measured
from the bottom of the decking.

5) The authorized pier spanning the navigable shore parallel slough, approximately 170 feet waterward
from the edge of the waterbody, shall provide a minimum vertical navigational clearance of 6 feet, as
measured from the normal high-water level to the lowest portion of the pier structure and a minimum
horizontal navigational clearance of 6 feet. This bridge portion of the pier was specifically required by
the CRC as a condition of the variance (see December 17, 2022 Order p.23).

6) The permittee shall install and maintain at its expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.

7) The authorized gazebo shall not be enclosed. Any material used on the sides shall not obstruct view and
shall be permeable to air and water. Screen or wire on the sides along with benches are permitted.
Lattice is specifically excluded from being used under this authorization.

8) The roof of the gazebo shall not be designed for second story use.

9) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable
waters at or adjacent to the authorized work.

10) The authorized structure and associated activity shall not cause an unacceptable interference with
navigation and shall not exceed the dimensions shown on the attached permit drawings.

11) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with
NCAC 15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or
excavation within the PNA shall be permitted. 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.

12) In order to protect juvenile shrimp and finfish populations, no excavation or filling shall be permitted
between April 1 and September 30 of any year without the prior approval of the Division of Coastal
Management, in consultation with appropriate resource agencies.

New Jack Partners, LLC Permit No. 15-23
Page 3 of 4

ADDITIONAL CONDITIONS

Deed Covenant prohibiting additional piers

13) As required by Conditions 1-3 of the CRC’s Variance Order (See December 17, 2022 Order, pp. 23-24),
DCM acknowledges receipt of a copy of the declarations which were recorded at Book 6617, Page 1196
of the New Hanover County Registry on January 17, 2023 (See Page 1209). DCM Counsel has reviewed
the covenants and acknowledges that they appear to meet Conditions 1- 3 of the Variance Order.

As-Built Survey

14) No portion of any structure shall be located within 80 feet of the near bottom edge of the federally
maintained AIWW channel. An as-built survey shall be performed on the docking facilities, and copies
of the survey provided to the U.S. Army Corps of Engineers and Division of Coastal Management,
within 60 days of completion of construction of these portions of the project.

General

15) This permit shall not be assigned, transferred, sold or otherwise disposed of to a third party without the
written approval of the Division of Coastal Management.

16) In order to ensure compliance with the conditions of this Permit, the permittee and its contractor shall
schedule a pre-construction conference with the Division of Coastal Management prior to the initiation
of any dredging or mobilization activities.

17) This permit does not authorize any permanent or long-term interference with the public’s right of access
and/or usage of all State lands and waters.

NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required, to include any authorization required by the
U.S. Army Corp of Engineers.

NOTE: The N.C. Division of Water Resources has authorized the proposed project under General Water
Quality Certification No. 4501 (DWR Project No. 20220594).

NOTE: An application processing fee of $250 was received by DCM for this project. This fee also
satisfied the Section 401 application processing fee requirements of the Division of Water
Resources.

DIVISION OF COASTAL MANAGEMENT
Application Processing Notes
Type: (Check all that apply)
New Major Mod - _— Permit# Minor Mod Renewal Transfer
Permit Coordinator: ) PAIL
Field Representative: _tA1 Al
Date Time Message

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
New Jack Partners, LLC
c/o Nancy Grier
3200 N Ocean Blvd. Apt. 408
Ft. Lauderdale, FL 33308
Dear Ms. Grier,
NORTH CAROLINA
Environmental Quality
July 20, 2022
This letter is in response to your application for a Major Permit under the Coastal Area
Management Act (CAMA), in which authorization was requested to construct a community
docking facility in Masonboro Sound at 4607 New Jack Road, Wilmington, New Hanover
County. Processing of the application, which was received by the Division of Coastal
Management's Wilmington Office on April 11, 2022, is now complete. Based on the state's
review, the Division of Coastal Management has made the following findings:
1) The proposed project would involve development within the Estuarine Waters, Coastal
Wetland, Estuarine Shoreline, and Public Trust Areas of Environmental Concern by the
N.C. Coastal Resources Commission.
2) The Masonboro Sound is designated as a Primary Nursery Area by the N.C. Marine
Fisheries Commission.
3) The applicant proposes to construct an approximately 649 ft long community docking
facility to accommodate up to five (5) vessels. The docking facility would extend 496 ft
into an approximately 1104 wide waterbody. The facility would exceed the one-fourth
width (276 ft), one-third width (360 ft), and the pier head line established by adjacent
piers.
4) The proposed facility would extend across a navigable channel, interfering with the use
of the waters for navigation or other public trust rights.
D_EQ�R
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557
252.808.2808

5) Based upon the above referenced findings, the Division has determined that the
proposed project is inconsistent with the following Rules of the Coastal Resources
Commission:
a) 15A NCAC 07H.0208(b)(6)(G)(iii), which states in part that docking facility
length(s) shall "be limited by extending no more than one-fourth the width of a
natural water body, or humanmade canal or basin. Measurements to determine
widths of the water body, canals or basins shall be made from the waterward
edge of any coastal wetland vegetation that borders the water body" and "the
proposed pier or docking facility shall not be longer than the pier head line
established by the adjacent piers or docking facilities, nor longer than one-third
the width of the water body".
b) 15A NCAC 07H.0208(a)(2)(G), which states in part that "development shall not
jeopardize the use of the waters for navigation or for other public trust rights in
public trust areas including estuarine waters".
Given the preceding findings, it is necessary that your request for issuance of a CAMA Major
Permit under the Coastal Area Management Act be denied. This denial is made pursuant to
N.C.G.S. I I 3A- I 20(a)(8) which requires denial for projects inconsistent with the state guidelines
for Areas of Environmental Concern or local land use plans.
If you wish to appeal this denial, you are entitled to a contested case hearing. The hearing will
involve appearing before an Administrative Law Judge who listens to evidence and arguments of
both parties before making a final decision on the appeal. Your request for a hearing must be in
the form of a written petition, complying with the requirements of § 150B of the General Statutes
of North Carolina, and must be filed with the Office of Administrative Hearings, 6714 Mail
Service Center, Raleigh, NC 27699-6714, within twenty (20) days from the date of this denial
letter. The requirements for filing a contested case can be found at
httn://www.oah.state.nc.us/hearings. A copy of this petition must be filed with DEQ's agent for
service of process at the following address:
William F. Lane, General Counsel
Dept. of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
Finally, I request that you also send me a copy of the petition at the address or email included in
the letterhead so that I may forward it to the attorney who will be representing the Division of
Coastal Management in the contested case proceeding.
Another response to a permit denial available to you is to petition the N.C. Coastal Resources
Commission for a variance to undertake a project that is prohibited by the Rules of the
Commission. Applying for a variance requires that you first stipulate that the Division of Coastal
Management applied the Rules properly in issuing this denial. You may then request that the
Commission vary the rules at issue and show how you believe your request meets the four
y.r. ter. TT
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Moorehead City. North Carolina 28557
252.808.2808

criteria found at GS 113A-120.1. To apply for a variance, you must file a petition for a variance
with the Director of the Division of Coastal Management and the State Attorney General's Office
on a standard form, which must be accompanied by additional information on the nature of the
project and the reasons for requesting a variance. The variance request may be filed at any time
but must be filed a minimum of six weeks before a scheduled Commission meeting to be eligible
to be heard at that meeting.
Information about both a permit appeal in the Office of Administrative Hearings and the
Variance process may be obtained by contacting a member of my staff, or by visiting this link:
https:Hdeq.nc.gov/about/divisions/coastal-management/coastal-management-permits/variances-
appeals
Members of my staff are available should you desire assistance in the future. If you have any
questions concerning this matter, please contact Mr. Gregg Bodnar at [phone] or
[e-mail].
Sincerely,
Braxton C. Davis
Director, NC Division of Coastal Management
cc: Greg Curry, Project Manager, U.S. Army Corps of Engineers, Wilmington, NC
Richard Rogers, Director, NC Division of Water Resources, Raleigh, NC
Paul Wojoski, 401 & Buffer Permitting Branch Supervisor, NC Division of Water
Resources, Raleigh, NC
Holley Snider, Environmental Specialist, NC Division of Water Resources, NC
n+�.+ naomer
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557
2528082808

DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
APPLICANT: New Jack Partners, LLC (do Nancy Grier) COUNTY: New Hanover
PROJECT NAME: New Jack Landing
LOCATION OF PROJECT: 460114607New Jack Rd, adj, to Masonboro Sound, Wilmington
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 4-11-22
FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: N/A
FIELD REPRESENTATIVE: Hall DISTRICT OFFICE: WILMINGTON
DISTRICT MANAGER REVIEW:
B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $250#1523
APPLICATION ASSIGNED TO: Lack
PUBLIC NOTICE REC'D: 4-25-22
ADJ. RIP. PROP NOTICES REC'D:
C) 75 DAY DEADLINE: 6-25-22
MAIL OUT DATE: 4-20-22
PERMIT FINAL ACTION: ISSUE DENY
END OF NOTICE DATE: 5-16-22
DEED REC'D: Yes
150 DAY DEADLINE:
STATE DUE DATE: 5-16-22
AGENCY
DATE
COMMENTS
RETURNED
OBJECTIONS:
YES NO
NOTES
DCM — Field Rep
PO (Ztv^>
3%�} 1 j�JCAC off} , o7xg(ya
DCM — LUP Consistency Determination
Local Permit Officer
Corps of Engineers — Regulatory Branch
DWR-401 Section
�/
p
DWR — Public Water Supply
?j
DEMLR — Stormwater
DEMLR — Sed and Erosion
DOA — State Property Office
Wildlife Resources Commission
glib
pAc(tiray1W
DMF—Shellfish Section
22
DMF — Habitat & Enhancement
p
DNCR— Archives & History
5
DNCR — Natural Heritage Program
NCDOT
NC Dept of Commerce
X
06)61;,�
N
r'�Lifli7

Recommendations for State Permit — New Jack Partners LLC 4/20/2022
Shoreline length per DCM = — 475.2 LF x 8 SF/LF = 3801.6 SF Maximum allowed by rule: 2000 SF
Proposed fixed pier (6' x 649.6') = 3,897.6 SF (access credit, not counted)
Proposed fixed T-head (86' x 6') = 516 SF
Proposed finger pier (24' x 6') = 144 SF
Proposed finger pier (24' x 6') = 144 SF
Proposed fixed gazebo (20' x 20') = 400 SF
Proposed floating ramp landing (4' x 8') = 32 SF
Proposed floating dock (kayak launch) _ (31' x 8') = 248 SF
Four Proposed boat lifts (12' x 12')= not counted for platform allocations
Total = 1,484 SF
It is the opinion of this office that the proposed project is INCONSISTENT with NCAC 07H .0208(b)(6)(0)(iii), which
states:
(G) Pier and docking facility length shall be limited by:
(iii) not extending more than one-fourth the width of a natural water body, or humanmade canal
or basin. Measurements to determine widths of the water body, canals or basins shall be made
from the waterward edge of any coastal wetland vegetation that borders the water body. The one-
fourth length limitation does not apply in areas where the U.S. Army Corps of Engineers, or a
local government in consultation with the Corps of Engineers, has established an official pier -
head line. The one-fourth length limitation shall not apply when the proposed pier is located
between longer piers or docking facilities within 200 feet of the applicant's property. However,
the proposed pier or docking facility shall not be longer than the pier headline established by the
adjacent piers or docking facilities, nor longer than one-third the width of the water body.
As proposed, the docking facility exceeds both the 1/4 and 1/3 width of the waterbody in this location.
Other elements of the proposed docking facility appear to be CONSISTENT with the use standards set forth in NCAC
07H .0208(b)(6) including the eight square foot rule and riparian setback requirements.
It is staffs recommendation that the proposed docking facility be DENIED as proposed due to inconsistency with NCAC
07H .0208(b)(6)(G).
NOTE: In addition, it is the opinion of this office that a bridged section should be recommended to maintain traditional
navigation including canoes and kayaks through the historic back channel. The bridged section could be located
approximately 170' waterward from the edge of the waterbody. Based on provided drawings, aerial imagery and water
depths taken onsite, it is the opinion of this office that at this distance it appears the historic back channel is located and to
not block traditional navigation, a bridged section is recommended.
NOTE: Any permit issued should include deed restrictions or other instrument for the allocated project shoreline.

DCM Coordinator: Cam Luck
County:
Na-I-
Permit #: I r"
WIRO E-MAIL DISTRIBUTION SHEET
Circle o : Bio Report it for: el� a { I" u V*jj_cyS , L w
Oversize
DCM Offices: S Ji mat 1 /
11drehead City: PT (if oversize) via Courie� ✓
Cam & Amanda on group email arr,app.drawings, deed, comment sheet _
'MHC documents (Cam & Amanda)
Wilmington: Original hard -copy
ONLY USACE & DWR (wro): Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization
USACE Wilmington: er & Carteret Co): PN, CL, Reports, Split Sheet _
use both r [e-mail] (NH/BR): PN, CL, Reports, Split Sheet
1%6r Currey (NH/BR: PN, CL, Reports, Split Sheet_
Div of Water Resources: Iley Snider - 401 (BR/NH): PN, CL, Reports, Split Sheet _
- 401 (PN/ON): PN, CL, Reports, Split Sheet _
Div of Water Resources: ,Sheri Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet
Marine Fisheries: ✓ Kim Harding _
DCM Planner/WIRO: Vvlike Christenbury _
Cultural Resources: tAnee Gledhill -Earley Environmental,Review(aa)ncdenr.yov_
Natural Heritage Prog. L,4odney Butler
DCA-Rural Eco. Dev:
Ziegler
NC DOT:
/Mark
✓David Harris
Wildlife Resources:
/aria Dunn w/Reports
State Property Office:
�Jfi Walton: DEED
Moser
_
anda Hilliard, Real Property Agent (Bio Reports only)
Shellfish Sanitation: _4emy Humphrey (Bio) / _
aron Gupton, Admin.
DEMLR: 'C istine Hall - Stormwater Section
n Sams -Land Quality Section
Public Water Supply: J�Vidi Cox
City of Wilmington: j9aRff9rFTROfSti9n
Enforcement: V Field Rep:
�i�
Co. LPO V Cvt vi4H' VLei rUv �� IZI Yr(
Agent: �1
DISTRIBUTED: �� vZ

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
April 20, 2022
NORTH CAROLINA
Environmental Quality
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
cameron.luck(cbNCDEN R.gov
SUBJECT: CAMA
Applicant: New Jack Partners, LLC
Project Location:. 460114607 New Jack Rd., ad). to Masonboro Sound, Wilmington, New Hanover
County
Proposed Project: The applicant proposes to create a community docking facility to accommodate
up to five (5) vessels in Masonboro Sound.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by May 16, 2022. If you have any questions
regarding the proposed project, contact Bryan Hall at [phone] when appropriate, in-depth
comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
X This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments. Total of 7 slips. Five proposed and two existing
PRINT NAME Wanda Hilliard
AGENCY State Property Office
SIGNATURE I. )O-4%0L6—
DATE May 11.2022
D E QJ� North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405
b. evi` � 910.796.7215

ROY COOPER
Goternor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
April 20, 2022
MEMORANDUM:
NORTH CAROLINA
Environmental Quality
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax:[phone] (Courier11-12-09)
cameron.luck()NCDENR.00v
SUBJECT: CAMA
Applicant: New Jack Partners, LLC
Project Location: 460114607 New Jack Rd., adj. to Masonboro Sound, Wilmington, New Hanover
County
Proposed Project: The applicant proposes to create a community docking facility to accommodate
up to rive (5) vessels in Masonboro Sound.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by May 16, 2022. If you have any questions
regarding the proposed project, contact Bryan Hall at [phone] when appropriate, in-depth
comments with supporting data is requested.
REPLY: Y` 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. II RECEIVED
PRINT NAME (� T an 1 C
AGENCY f"C 1) e Joq . O� to )vit "A a-�/C (
SIGNATURE 111 'r"' r�- te"� 2) 1 R f DATE
MAY Q 9 7011
MP SECTION
E)CM o MHO oily
ylgl�z
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215
rA

ROY COOPER
Governor
ELIZABETH S. BISER
secretary
S. DANIEL SMITH
Director
DATE: June 6, 2022
FROM: Holley Snider t U
NCDECI-Division Water Resources
401 Buffer Permitting Branch
NORTH CAROLINA
Environmental Quality
SUBJECT: DWR#20220594
No Written Approval Required
PROJECT LOCATION: New Jack Landing, Wilmington, New Hanover County
Community Docking Facility
PROPOSED PROJECT: Construction of a community docking facility to provide mooring for four (4)
vessels.
The Division of Water Resources (DWR) has received a copy of your CAMA Major permit application
request completed on April 11, 2022 and received by this office on April 21, 2022.
The waters of the Masonboro Sound and Atlantic Intracoastal Waterway in this area are classified as
SA;ORW by the Division of Water Resources (DWR) and has been determined to be Primary Nursery
Area (PNA) by the Division of Marine Fisheries (DMF). Please understand that the waters around your
project area have been identified as a Nursery Area and the DWR supports the concerns and
recommendations within these designated areas that are submitted by the Division of Marine Fisheries
and the Wildlife Resource Commission.
In accordance with the attached General Certification #4501 (GC 4501), the impacts associated with
maintenance excavation of the previously authorized footprint described in your application do not
require written authorization to utilize GC 4501. However, you are required to follow the conditions
listed in the attached certification.
You should also obtain and comply with any otherfederal, state and local requirements including (but
not limited to erosion and sedimentation control regulations and state stormwater requirements)
before you proceed with your project. This concurrence is specific to the impacts depicted in your
CAMA Major application and supporting materials. If you change your project, you must notify this
office and may be required to obtain a new certification. This concurrence shall expire upon
expiration of the 404 or CAMA Permit.
RECEIVED
JUN 13 2022
MP SECTION
DCM MHD CITY
North Carolina Department of Environmental Quality I Division of Water Resources
r Wilmington Regional Office 1127 Cardinal Drive Extension l Wilmington, North Carolina 28405
o+\ / 910.796.7215

DocuSign Envelope ID: 7AB8F9AE-0944-472F-9939-465216A3F5A9
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
WATER QUALITY GENERAL CERTIFICATION NO. 4501
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR US ARMY CORPS OF ENGINEERS
PROGRAMMATIC GENERAL PERMIT NUMBER 198000291 INC COASTAL AREA MANAGEMENT
ACT)
Water Quality General Certification Number 4501 is issued in conformity with the requirements
of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North
Carolina Regulations in 15A NCAC 02H .0500 and 15A NCAC 02B .0200 for the discharge of fill
material to surface waters and wetland areas as described in the US Army Corps of Engineers
Wilmington District's Programmatic General Permit 198000291.
The State of North Carolina certifies that the specified category of activity will comply with
water quality requirements and applicable portions of Sections 301, 302, 303, 306 and 307 of
the Public Laws 92-500 and 95-217 if conducted in accordance with the conditions hereinafter
set forth.
for
Effective date: January 3, 2022
Signed this day: October 28, 2021
By
Ei
DocgSlgnetl by:
P°VfA kf
BFB198809DD247'8...
S. Daniel Smith
Director
RECEIVED
JUN 132022
MP SECTION
DCM MHD CITY

ROY COOPER
Governor
ELIZABETH S. BISER
Secremry
BRAXTON DAVIS
Director
April 20, 2022
MEMORANDUM'
NORTH CAROLINA
Environmental Quality
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
Cameron luckPNCDENR.gov
SUBJECT: CAMA
Applicant: New Jack Partners, LLC
Project Location: 460114607 New Jack Rd., adj. to Masonboro Sound, Wilmington, New Hanover
County
Proposed Project: The applicant proposes to create a community docking facility to accommodate
up to rive (5) vessels in Masonboro Sound.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by May 16, 2022. If you have any questions
regarding the proposed project, contact Bryan Hall at [phone] when appropriate, in-depth
comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additlonal comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME
AGENCY f V cl-j R—C
SIGNATURE ���te DATE L- IL-7zY-
North Carolina Department of Envlronmental Quallti, I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405
vim.
9103%.7215

North Carolina Wildlife Resources Commission f
Cameron Ingram, Executive Director
MEMORANDUM
TO: Cameron Luck
Division of Coastal Management
North Carolina Department of Environmental Quality
FROM: Maria T. Dunn, Coastal Coordinator
Habitat Conservation Division
DATE: June 16, 2022
SUBJECT: CAMA Dredge/Fill Permit Application for New Jack Partners, LLC, New
Hanover County, North Carolina,
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit
application with regard to impacts on fish and wildlife resources. The project site is located at 4601/4607
New Jack Road adjacent to Masonboro Sound in Wilmington, NC. Our comments are provided in
accordance with provisions of the Coastal Area Management Act (G.S. 113A-100 through 113A-128), as
amended, Sections 401 and 404 of the Clean Water Act, as amended, the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et seq.), the Fish and Wildlife Coordination Act (48 Stat. 401, as
amended; 16 U.S.C. 661 et seq.), the Magnuson -Stevens Fishery Conservation and Management Act
(FCMA), as amended (16 U.S.C. 1801 et seq.), and the Migratory Bird Treaty Act (16 U.S.C. 703-712 et
seq.).
The applicant proposes to create a community docking facility to accommodate five vessels. The two
existing parcels will be subdivided into five residential lots that are to have an easement preventing
additional piering (at the time of application review, the easement has not been recorded). An existing two
slip structure will be removed and a 64.6' by 6' pier would extend towards Masonboro Sound (465.9'
over open water) terminating with a 20' by 20' covered gazebo. Landward the gazebo, a fixed 86' by 6'
T-head with two fixed finger piers would accommodate slips 1-4 with boatlifts. Extending south from the
pier would be a 31' by 8' floating landing dock and kayak launch. The docking facility would be in water
depths ranging from 0' to -4' NLW, the floating dock in depths -3' to -4' NLW, and the slips -4' NLW.
The pier will extend over an area that has had historical use as a small channel. NCDCM staff have
recommended a bridge section be incorporated approximately 170' waterward the edge of the waterbody
to preserve historical navigation. Masonboro Sound is classified SA-ORW by the Environmental
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

Peg• 2
Management Commission and is designated a primary nursery area (PNA) by the NC Division of Marine
Fisheries (NCDMF).
The NCWRC has reviewed the permit application. To minimize impacts to PNA resources and public
trust use, we recommend the following:
• An April 1— September 30 moratorium to minimize impacts to sensitive PNA resources from
removal of the existing facility and construction of the long pier and community dock over
wetlands and open waters.
• The incorporation of a bridge component within the pier to allow traditional navigation use for
the small channel. This bridge component should provide adequate height clearance and width for
vessel passage under normal water conditions.
• The easement preventing additional piering on the remaining shore should be recorded by the
applicant prior to permit issuance.
We appreciate the opportunity to review and comment on this permit application. If you need further
assistance or additional information, please contact me at [phone] or at
maria.dunrigncwildl i fe.org

Received: 04/21/2022
._� State Historic Preservation Office
ROY COOPER
Governor
ELIZABETH S. BISER
secretary
BRAXTON DAVIS
Director
April 20, 2022
MEMORANDUM
NORTH CAROLINA
Environmental Quality
ER 22-1209 Due: 4/29/2022
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
ca m eron.luck(aNC DE N R.gov
SUBJECT: CAMA
Applicant: New Jack Partners, LLC
Project Location: 460114607 New Jack Rd., adj. to Masonboro Sound, Wilmington, New Hanover
County
Proposed Project: The applicant proposes to create a community docking facility to accommodate
up to five (5) vessels in Masonboro Sound.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by May 16, 2022. If you have any questions
regarding the proposed project, contact Bryan Hall at [phone] when appropriate, in-depth
comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
X This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME Renee Gledhill -Earley
AGENCY
SIGNATURE
State Historic Preservation Office
RECEIVED
MAP 0 9 2022
MP SECTION
CCM o MHD CITY
DATE May 09, 2022
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
o.m�.eeen�mn ma,�
910.796.7215

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
April 20, 2022
MEMORANDUM
NORTH CAROLINA
EnvlronmentatQuatity,
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
Cameron. luck onNCDENR.00v
SUBJECT: CAMA
Applicant: New Jack Partners, LLC
Project Location: 460114607 New Jack Rd., adi. to Masonboro Sound, Wilmington, New Hanover
County
Proposed Project: The applicant proposes to create a community docking facility to accommodate
up to five (5) vessels in Masonboro Sound.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by May 16, 2022. If you have any questions
regarding the proposed project, contact Bryan Hall at [phone] when appropriate, in-depth
comments with supporting data is requested.
REPLY:
PRINT
AGENCY
SIGNATURE
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.
Mark Brown
Public Water Supply
DATE 4/21/22
RECEIVED
APR 2 12022
MP SECTION
DCM - MHD CITY
D��'.,- North Carolina Department of Environmental Quality l Division of Coastal Management
�'dh Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
nanw raamu ` -
910.796.7215

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
April 20, 2022
MEMORANDUM
NORTH CAROLINA
Environmental Quality
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
cameron.luck(cDN CDEN R.aov
SUBJECT: CAMA
Applicant: New Jack Partners, LLC
Project Location: 460114607 New Jack Rd., adf. to Masonboro Sound, Wilmington, New Hanover
County
Proposed Project: The applicant proposes to create a community docking facility to accommodate
up to five (5) vessels in Masonboro Sound.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by May 16, 2022, If you have any questions
regarding the proposed project, contact Bryan Hall at [phone] when appropriate, in-depth
comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
X This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME Shannon Jenkins
AGENCY NC DMF - Shellfish Sanitation/Recreational Water Quality
SIGNATURE �,22�8 of for Shannon Jenkins DATE 04/22/2022
RECEIVED
APR 22 2022
MP SECTION
DCM - MHD CITY
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405
M
910.796.7215

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
April 20, 2022
MEMORANDUM
NORTH CAROLINA
Environmental Quality
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
cameron.luckna NCDENR.aov
SUBJECT: CAMA
Applicant: New Jack Partners, LLC
Project Location: 460114607 New Jack Rd., adj. to Masonboro Sound, Wilmington, New Hanover
County
Proposed Project: The applicant proposes to create a community docking facility to accommodate
up to five (5) vessels in Masonboro Sound.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by May 16, 2022. If you have any questions
regarding the proposed project, contact Bryan Hall at [phone] when appropriate, in-depth
comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
**Additional comments may be attached**
This agency has no comment on the proposed project.
X This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME Kimberlee Harding
AGENCY N�vCiDMF
SIGNATURE n�ist�P�¢e YY DATE 06/06/2022
RECEIVED
JUN 06202Z
MP SECTION
DCM MHO CITY
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
D /'� 910.796.7215

ROY COOPER
ELIZABETH S. BISER
sc,temry
KATHY B. PAWLS
Director
MEMORANDUM:
TO: Cameron Luck, Assistant Major Permits Coordinator
FROM: Kimberlee Harding, NCDMF Fisheries Resource Specialist
SUBJECT: New Jack Partners LLC clo Nancy Grier
DATE: June 06, 2022
A North Carolina Division of Marine Fisheries (DMF) Fisheries Resource Specialist has
reviewed the CAMA Permit application for proposed actions that impact fish and fish
habitats. The applicant proposes to create a community docking facility to accommodate
up to five vessels in Masonboro Sound. The New Hanover County Land Use Plan classifies
adjacent waters as Conservation, and the adjacent high ground portion of the project area
as Resource Protection. The waters of Masonboro Sound are Classified as Outstanding
Resource Water (SA-ORW) by the NC Division of Water Resources and are designated as a
Primary Nursery Area (PNA), by the NC Division of Marine Fisheries. The area of
Masonboro Sound is closed to the harvesting of shellfish.
The applicant proposes to remove an existing two -slip docking facility and build a new five -
slip community docking facility along a different location on the property. A 31' x 8' floating
dock is proposed in water depths measuring approximately -3' to -4' NLW and four 12' x
12' boat lifts are proposed in water depths measuring approximately -4' NLW. The Division
does not object to the configuration or siting of the proposed docking facility. However, a -
2'-3' deep historical channel exists along the applicant's four -parcel property. Three
docking facilities to the north of the proposed facility use this channel as access to the
AIWW. Therefore, the division recommends the proposed access pier bridge over this
channel to not block boating access to the existing channel.
Thank you for consideration of our comments. Please contact Kimberlee Harding at 910-
796-7286 or at kimberlee.hardin2Pncdenr.eov with any further questions or concerns.
RECEIVED
JUN 062022
MP SECTION
DCM MHD CITY
State of North Carolina I Division of Marine Fisheries
3441Arende1151ree1 I PO.Box7b91 Morehead CBy.Nor1h Cardina28557
252 72b-7021

Nancy Grier
New Jack Partners
4607 New Jack Road
Wilmington, NC 28409
June 24, 2022
Bryan Hall
Field Representative
NCDEQ
127 Cardinal Drive Ext
Wilmington, NC 28405
Cameron Luck
Assistant Major Permits Coordinator
NCDEQ
400 Commerce Avenue
Morehead City, NC 28557
Dear Mr. Hall and Mr. Luck:
I have attached a letter from James McCormick, who has resided at 175 Whippoorwill Lane, Wilmington,
NC 28409 for the past two years. His property abuts the property owned by New Jack Partners directly
to the north. I called James McCormick and shared the concerns conveyed in MEMORANDUMS
Kimberlee Harding (June 6, 2022) and Maria T Dunn (June 12, 2022) sent to Cameron Luck. I asked for
his assistance in addressing and answering the issues raised. Hopefully, his responses are helpful.
Respectfully, we would like to request that a copy of this letter and James McCormick's letter be shared
with the commenting agencies —Marine Fisheries and WRC. New Jack Partners' personal observations
and those of our engineers/surveyors and long-term tenants of the house on our property confirm
James McCormick's conclusions.
Despite James McCormick's observation that no boats or kayaks use the historic channel in front of our
properties except us, New Jack Partners affirms our willingness to design the new dock/pier pilings such
that typical canoes/kayaks can pass under in normal water conditions.
Please do not hesitate to contact me should you have questions. Thank you for your time.
Sincerely,
Nancy K. Grier
New Jack Partners
713-628-5005
RECEIVED
JUN 2 72022
MP SECTION
DCM MHD CITY

James McCormick
175 Whippoorwill Lane
4601 New Jack Road
Wilmington, NC 28409
June 24, 2022
Nancy Grier
New Jack Partners
4607 New Jack Road
Wilmington, NC 28409
Dear Nancy:
It was good speaking earlier in the week. As you are aware I own both 175 Whipporwill Ln. and 4601
New Jack Rd. the two properties directly to the North of your proposed project.
Please allow me to reaffirm the following points we discussed during our conversation:
1- Historically, boaters to the north of your property do not head south in our channel to access
the intracoastal.
2- There is a sandbar between our inside channel and the intracoastal which extends South which
makes accessing the Intracoastal to.the south extremely challenging since it is very, very tidal.
3- Protecting the inside channel is extremely important to us because it is our primary route North,
around the sandbar and into the Intracoastal; and it is our understanding your proposed
footprint to the extreme southern end of your property boundary line will have no significant
impact to the water flow or navigation into our channel.
Thank you for sharing the plans for your new dock. I am in full support of your proposed plan.
Sincerely,
James R. McCormick
RECEIVED
JUN 2 72U22
MP SECTION
DCM MHD CIIY

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Additional Comments On Back

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: New Jack Partners LLC c/o Nancy Grier
2. LOCATION OF PROJECT SITE: 4601 /4607 New Jack Rd, adjacent to the Masonboro Sound, in New
Hanover County.
Latitude: 34' 9'6.49"N Longitude: 77°51'35.50"W
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit-8/27/21, 9/27/21, 4/14/22
Was Applicant Present — Yes
5. PROCESSING PROCEDURE: Application Received—1/28/22
Complete Date — 4/11 /22
Office— Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan —New Hanover County
Land Classification from LUP — Resource Protection
(B) AEC(s) Involved: EW-ORW, PTA, CW, ES
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing — Municipal
Planned — N/A
(F) Type of Structures: Existing — Two single family residences, detached garage, and private docking
facility
Planned — Creation of five (5) parcels and five (5) slip community docking facility
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
HABITAT DESCRIPTION: [AREA]
DILEDUM FILLED QM
--922.2 SF
(A) Vegetated Wetlands (Coastal)
(shading)
(B) Non -Vegetated Wetlands (Open water)
—4,459.4 SF
(incorporated)
(C) Other(highground)
(D) Total Area Disturbed: 5,381.6 sq. ft. (0.12 acres)
(E) Primary Nursery Area: Yes
(F) Water Classification: SA-ORW Open: No
8. PROJECT SUMMARY: The applicant proposes to create a community docking facility to accommodate up to
five (5) vessels in Masonboro Sound.

New Jack Partners LLC, Page 2
9. PROJECT DESCRIPTION:
The project site is located at 4601 and 4607 New Jack Road in New Hanover County, adjacent to the Masonboro
Sound, in Wilmington, New Hanover County. The two lots are approximately 5 acres total with 700' of shoreline
frontage. The parcels' average grade is approximately I0' above normal high water(NHW). Thecombined properties
include two single family residences, a detached garage, and a two -slip docking facility. The properties to the north
and south of the project site are single family residences. The adjacent riparian properly owner to the south is part of
the Serenity Point subdivision; all five property owners of Serenity Point were notified since there is no established
Homeowner's Association.
The existing docking facility located at 4601 New Jack Road was originally permitted under GP N60725D on
9/13/2012 for a 10'x10' fixed platform and a L-head floating dock. A boat lift was added to the northern end of the L-
head under GP #64785 on 8/6/2015 to raise the total formalized slips to two.
Upland vegetation consists of lawn grasses and Live Oak trees. Located on the eastern end of the property the
vegetation transitions which exhibits §404 type wetlands before transitioning to a narrow border of Sea Oxeye
(Borrichiafrutescens) and high coastal marsh vegetation, including, Black Needle Rush (Juncos roemarianus), and
Salt Meadow Grass (Spartina patens). The high marsh transitions to an area of Smooth Cordgrass (Spartina
altern#lora) to the open water of Masonboro Sound. Existing NHW and Coastal Wetlands were delineated by DCM
on 9/7/21. A historical back channel exists in front of the subject parcels. The existing docking facility at 4601 New
Jack Road as well as the three docking facilities to the north are located on the edge of the back channel which is
approximately -2' to -3' deep. Vessels associated with these docking facilities use the back channel to access the
AIW W to the northeast. The southern extent of the back channel south of the existing docking facility at 4601 New
Jack Road appears to have begun shoaling in and no longer provides vessel access to the AIW W, however it appears
to be navigable at high tide.
A scoping meeting was held via webcam on October 25, 2021, at the request of the applicant and surveyor for the
project. The request was regarding the potential expansion ofthe existing, authorized docking facility on the property.
There was discussion of the potential proposal of extending a new docking facility to the waterway however no
drawings were provided at the time.
The New Hanover County Land Use Plan classifies adjacent waters as Conservation, and the adjacent high ground
portion of the project area as Resource Protection. The waters of Masonboro Sound are Classified as Outstanding
Resource Water (SA-ORW) by the NC Division of Water Resources and are designated as aPrimary Nursery Area
(PNA), by the NC Division of Marine Fisheries. The area of Masonboro Sound is CLOSED to the harvesting of
shellfish.
10. PROPOSED PROJECT:
The applicant proposes to create a community docking facility to accommodate up to five (5) vessels in
Masonboro Sound. The application states the existing two tracts would be subdivided into five parcels, averaging
approximately an acre in size, with the northern most parcel under contract to be sold to the adjacent riparian
property owner. For the purpose of this application, the proposed northern most parcel under contract is not
included in the proposal in terms of tract size, shoreline length, etc. The remaining four parcels of this proposal
will be associated with the proposed community docking facility with approximately 475.2' of shoreline. Note:
The applicant states that an easement will be recorded for this specific shoreline area, an easement has not
been recorded at this time (see Preliminary Plat dated 3/18/22). The applicant proposes to remove the existing
two slip docking facility associated with the property that currently exists in water depths -1.5' to -2' NLW. No
upland development is part of this proposal.
A new fixed pier measuring approximately 649.6' in length by 6' in width would extend from the existing high
ground of the southernmost parcel, across the historical channel which appears to have shoaled in, towards
Masonboro Sound, with 465.9' of the pier over open water. The pier would terminate with a 20' in length by 20'
in width covered gazebo adjacent to the end of the pier on the north side. Landward of the gazebo would be a
fixed T-head measuring 86' in length and 6' in width extending north. Two fixed finger piers measuring 24' in
length by 6' in width extend east from the T-head accommodating slips 1-4. Four I0,0001b boat lifts measuring
12' in length by 12' in width would be placed within the slips created by the finger piers. Extending south from
the proposed pier, the applicant proposes a floating loading dock and kayak launch.

New Jack Partners LLC, Page 3
The floating dock would measure 3 P in length by 8' in width with a 4' in length by 8' in width ramp landing on
the northern side of the floating dock. The western 12' of the floating dock is proposed to be a cut-out kayak
launch. The remaining portion of the floating dock is proposed to be used as a "loading/unloading area" according
to the applicant.
The application states that the proposed configuration would accommodate four (4) vessels and a transient slip at
the floating dock for a total of up to (5) vessels. (See Sheet 1-5 of 6)
Based on application materials, the proposed docking facility would be located in water depths ranging from 0' to
-4' NLW. The pier would extend over open water measuring 0' to -2' N1,W. The floating dock is proposed in
water depths measuring approximately -3' to 4' NLW. The boat lifts are proposed in water depths measuring
approximately -4' NLW. Water depths on the northern and southern side of the proposed pier range from 0' to -
2.2' NI,W. (See Sheet 1-3 of 6)
A bridged section was not proposed, but based on historical navigation in the area, a bridged
section is recommended approximately 170 linear feet waterward from the edge of the waterbody along the
proposed pier.
Note: One of the property owners to the south of the proposed project, located in Serenity Point, (the Shamp
Family Trust), has formally objected to the proposal. The objection is included in the application materials.
11. ANTICIPATED IMPACTS:
The proposed structures would incorporate 4,459.4 sq. ft. of Public Trust Area and Estuarine Waters and shade
approximately 922.2 sq. ft. of Coastal Wetlands. The structures would not encroach into the 15' riparian corridor
setback of the adjacent riparian properties. A waiver has been obtained from the northern riparian property owner.
As proposed, the docking facility would not encroach into the USACE AIW W 80' setback. The proposed
structures would extend 495.9' into a waterbody, in a waterbody which measures approximately 1 104' across.
This distance would locate the docking facility at approximately I/2 the width of the waterbody in this location.
The proposed pier extends over a historical back channel that has begun shoaling in. No bridged section is
proposed but DCM recommends a bridged section approximately 170 linear feet waterward from the edge of the
waterbody to preserve historical navigation. The proposed structures would accommodate up to five (5) vessels at
this location within water depths of approximately -3' to 4' relative to NLW. The nearest docking facility is
approximately 70' to the south. There are potential navigation impacts for canoes/kayaks without a bridged
section over the historic back channel.
Submitted by: Bryan [Tall Date: 4/20/2022 Office: Wilmington

CAMA Permit Application Narrative
Proposed Community Pier, Dock and Boat Slips
4601 AND 4607 NEW JACK ROAD, WILMINGTON, NC 28409
Permit Applicant New Jack Partners LLC acquired the relevant real properties on
October 5, 2021. The property previously was owned by the Lewis family since the
1950's. Current structures located on the properties consist of the main house, a
separate cottage, a separate (detached) garage and carport, and an aging pier and
dock structure containing one motorized boat lift and one wet slip. The permit
applicant has evaluated multiple options designed to accomplish the goal of
economically viable and environmentally sound redevelopment of the properties
consistent with the history, topography, water depths, and past uses of the properties,
as well as best and highest uses. The permit applicant or its agents have met and/or
spoken with, among others, the New Hanover County Planning and Development
Department, Division of Coastal Management field representatives, Hanover Design
(involved in prior unpermitted project design for Zimmer Development) , PLS surveyor
Charles Riggs, Wrightsville Marina, and the Lewis family as long term prior owners of
the properties.
A key goal of the current owner and permit applicant is to obtain a fair economic value
and return consistent with past uses, topography, CAMA use standards, and providing
navigable waters access to future owners and users of the properties without adversely
impacting the adjacent public trust waters, and without adversely impacting vessel
traffic in and around the AIWW. Notably, the eastern side of the water body in the area
consists of older dredge spoil islands that make up a portion of Masonboro Island
which is protected from future development.
The property owner/applicant intends to sell approximately one acre of the properties
to adjacent riparian property owner Jim McCormick. Closing is expected to take place
In April. Mr. McCormick currently is the immediately adjacent riparian property owner
to the north, and will remain so after this property closing. The remaining properties
owned by the permit applicant are in the process of being recombined and subdivided
into four lots, each approximately one acre in size. These lots currently are zoned
R-15.
The primary goal of the structures for which the owner/applicant seeks CAMA permit
approval is to create a shared community pier and dock facility with one motorized
boat lift per lot owner (total of four), a shared gazebo, a shared kayak launch and
shared vessel loading/unloading area. The property owner/applicant intends to market
the four lots to individuals, who will be allowed to construct a total of no more than one
residence per lot, governed by the developer's HOA Rules and Regulations. The HOA
will govern and limit the uses of the pier, dock and boat lift facilities, uses of the
Gazebo, and will include a recorded conservation easement along the shoreline. The
HOA covenants will also govern and limit the location, size and materials utilized in
construction of residential structures, and will limit the allowable areas of imperviou��CFivEp
APR 0 4 zu?
DCM WILMiNGTON, NC

surfaces per lot in order to provide low density stormwater protections and protect
water quality.
The adjacent waters are classified as ORW and PNA; the permit applicant intends to
fully protect such uses. A key element of the owner/applicant's environmental goals is
protection of the ORW and PNA classifications in this area by the use of a single
shared community pier, dock and boat slips/lifts facility that extends water ward a
sufficient distance to protect the water bottom and allow reasonable access to
adjacent navigable waters. The project has been designed and located to minimize
potential adverse shoreline impacts — again, the community pier/dock/slips design
eliminates more numerous shoreline Impacts from individual homeowner pier/dock/
slips facilities. Total square footage of the community pier/dock facility is well within
the applicable CAMA use standard. An additional benefit of a single shared community
dock facility is the fact that such a facility will provide access to navigable waters for
four separate residential riparian property owners along a concave, cove -shaped
shoreline, thereby eliminating potential individual pier and dock facility riparian corridor
conflicts, as well as reducing overall potential storm debris impacts.
The dock placement, length and design resulted after careful consideration was given
to a number of factors including conformance with the lengths of nearby piers and
docks located to the north and south; these structures are visible on the aerial photo(s)
provided with the relevant survey, plans and drawings. The proposed structures
comply with relevant CAMA use standards as contained in 15A NCAC 07H.0208(b)(6),
with the exception of the 'A waterbody width limitation. However, the length of the
proposed structures Is consistent with nearby pier/dock structures, necessary to reach
appropriate navigable water depths at lower tides, and the underlying purpose of the l/a
waterbody width rule is fully respected due to the fact that the eastern shoreline of the
water body currently is undeveloped and will remain so, and therefore more than 50%
of the width of the waterbody remains open for all navigation and related public trust
purposes. Additionally, public rights of navigation are fully protected and safely
designed by the USAGE in the form of the long -existing AIWW. The proposed pier/
dock/slips community facility does not intrude Into (or even come close to) the western
setback line of the AIWW. The proposed structures are compliant with both adjacent
riparian corridors, as well as the required minimum 15 foot setback from such riparian
corridor boundary lines.
The adjacent riparian property owner to the north fully supports permitting,
construction and use of the proposed facilities. A single adjacent riparian property
owner owning a property interest in the Serenity Point development has indicated he
objects to the proposed project, but this owner has not identified any applicable CAMA
rule or use standard relevant to his property ownership interests. The aging, shorter
existing pier and dock facilities will be removed prior to construction of the new
community pier/dock/slips facilities. As noted above, the property owner/applicant
soon will convey approximately one acre to the current adjacent riparian property
owner to the north; all calculations regarding shoreline length have excluded the
shoreline associated with this soon -to -be -conveyed property. Proper notice has been
APR 0 4 2022
DCM WILMINGTON, NC

provided to all adjacent riparian property owners, including detailed maps and
drawings.
R'CF-IVED
DCM WILMINGTON, NC

Rem Mr
APPLICATION for
Mayor Development Permit
(lost. revised 12127106)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applltcant/Landowner Information
Business"N�me
/Y 0 ,Tack- �Q rs LL
Project Nye (If applicable) ,
/V��.i c Lan i n
Applicant 1: Fis�t Verne
/Yan
MI
Last Nam
�r er
Applicant 2: First Name
MI
Last Name
If additional applicants, please attach an addlflonat page(s) with names listed.
Mailing Address
o i3 Seetol,& ,( ��
PO Box
City
(;1•" 1'"I
State
AIC
ZIP �67 0l
Country #nO,/ r
Vu
Ph1 - Off S�4
FAX No. -
Street Address (If different from above)
City
Stale
ZIP
Email
2. Agent/Contractor Information
Business Name
Me Jack aN-n ere zi-G
Agent/ Contractor 1: First eme
MI
Lest Name
0,;
a"
e I^
Agent/ Contractor 2: First Name
MI
Last Name
Mailing Address
SPaNJji k
PO Box
City
lor^
State
A16 —
6 tr,e--
.K,n
ZIP
ag
� �o�
Phone No. 1
�� V 5�
Phone . 2
ed.
FAX No.
Contractor #
Street Address (if different from above)
City
state
ZIP
Sae
Email
/ �'J JAN 2 S 202?
<Fonn continues on bacb

Form DCM MP-1 (Page 2 of 4)
APPLICATION for
Major Development Permit
3. Project Location
County (can be multiple)
New
Street Address
State Rd. p
RoLnoi
Y&07 14/,e4i
Subdivision Name
%^�
City
State
Zip
L
�a41� y ++
l ^� i ^ 7`D ^
/Y/C—
Phone No.
Lot No.(s (I/many, attach additional page with list)
- ext.
a. In which NC river basin is the project located?
mar-
b. Name of body of water nearest to proposed project
W, u'.) .
c. Isthewater body identified in (b) above, natural or manmade?
01fNalurat []Manmade ❑Unknown
d. Name the closest major water body to the proposed project site.
6 -a So
/4a-&p yt L) ,
e. Is proposed work within city limits or planning jurisdiction?
f. If applicable, list the planning jurisdiction or city limit the proposed
❑Yes ❑No C
o Kit Orr �7
work falls within
A144,J #a, ✓s (:! ua..
J
4. Site Description
a. Total length of shoreline on the tract h.)
b. Size of entire tract (sq.lt.)
�75 a'
3.953 a _4e z z
c. Size of Individual lot(s) C�
/ • g f� bii `� � • Si 7 of c re-5
d. Approximate elevation of tract above NHW (normal high water) or
NWL (�l wafer level)
,'.O
(If many lot sizes, please attach additional page with a list)
I MH W or ❑NWL
e. /Vegetation on tract
T �t 1
a6t_s aC `JLI /'craw
Ali `d 7lu.I ' f /avtA�S
/
f. Man-made features and uses now on tract
©�d ceocz �'�
{vrn daccih .
g. Identify and describe the existing land uses adjacent to the proposed project she.
���.2.5/ril•Pin // �e—
h. How does local government zone the tract?
i.
Is the proposed project consistent with the applicable zoning?
(Attach zoning compliance certificate, it applicable)
Yes ❑No DNA
J. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes grNo
k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yea ❑No QJhA
If yes, by whom?
I. Is the proposed project located in a National Registered Historic District or does it involve a Dyes ❑No OA
National Register listed or eligible property?
<Form continues on next page> JAN 2 8 M"'

Form DCM MP-1 (Page 3 of 4)
APPLICATION for
Major Development Permit
m. (i) Are there wetlands on the site?
[_]Yes ❑No
(ii) Are there coastal wetlands on the site?
Dyes ❑No
(III) If yes to either (i) or (11) above, has a delineation been conducted?
❑Yes ❑No
(Attach documentation, If available)
n. Describe existing wastewater treatment facilities.
Q
( I
o. Describe existing drinking water supply source.
p. Describe existing storm water management or treatment systems.
Cola- — Lmul
✓/o�.v,.w
'41xpatcf
5. Activities and Impacts
a. Will the project be for commercial, public, or private use? ❑]Commercial ❑Public/Government
.pl Private/Commun ity
b. Give a brief description of purpose, use, and daily operations of the project when complete.
C D lws i.[ SecP Perso/1 a•P GJ�c cryi
c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type
of equipment and ere it is to be stored. �
d. List all devel pment activifiqoou propose.
. //q __&"J GAD(-,, fo /
Ci CSA oO Rid LO .%)1 O(� j`� ('0n4X""h
e. Are the proposed activities maintenance of an existing project, new work, or both?
/F� aY,—
I. What is the approximate total disturbed land area resulting from the proposed project? ❑Sq.Ft or ❑Acres
g. Will the proposed project encroach on any public easement, public aocessway or other area Oyes o ❑NA
that the public has established use of?
h. Describe location and type of existing and proposed discharges to waters of the state. / •%
1. Will wastewater or stormwater be discharged into a wetland? []Yes []No MA
If yes, will this discharged water be of the same salinity as the receiving water? []Yes []No E! NA
j. Is there any mitigation proposed? []Yes ❑No UNA
It yes, attach a mitigation proposal.
<Form continues on bacle A0 I l Al

Form DCM MP-1 (Page 4 of 4)
APPLICATION for
Major Development Permit
6. Additional Information
In addition to this completed application form, (MP-1) the following items below, If applicable, must be submitted in order for the application
package to be complete. Items (a) - (f) are always applicable to any major development application. Please consult the application
instruction booklet on how to property prepare the required items below.
a. A project narrative.
b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the
proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish
between work completed and proposed.
c, A she or location map that Is sufficiently detailed to guide agency personnel unfamiliar with the area to the site.
d. A copy of the deed (with state application only) or other Instrument under which the applicant claims title to the affected properties.
e. The appropriate application lee. Check or money order made payable to DENR.
f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return recelpts as proof that such
owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in
which to submit comments on the proposed project to the Division of Coastal Management.
Name ar yt e5ry/�,,,, y. e/ia /vi�c� i pPM i c� Phone No.
5
Address 17IM!,P�of-ov, 14. In(.lita; °yj' A/C- zrs/oq
Name Phone No.
p n n At ss n � .
Address /[fy 3 � -��i— l�-oc l /U/L Z0651
Name � KY WgM 4b. F
Address
7
g. A list of previous state or federal permits Issued for work on the project tract Include permit numbers, permittee. and issuing dates.
In Signed consultant or agent authorization loan, if applicable.
I. Wetland delineation, if necessary.
j. A signed AEC hazard notice for projects In oceanfront and inlet areas. (Must be signed by property owner)
k. A statement of compliance wth the N.C. Environmental Policy Act (N.C.O.S. 113A 1-10). If necessary. If the project involves expenditure
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act.
I understand that any permit Issued in response to this application will allow only the development described in the application.
The project will be subject to the conditions and restrictions contained In the permit.
I certify that I am authorized to grant, and do In fact grant permission to representatives of state and federal review agencies to
enter on the aforementioned lands in connection with evaluating Information related to this permit application and follow-up
monitoring of the project.
I further certi that
/Ihe information provided in this application is truthful to the best of my knowledge.
Date /�7.�/ d ?iL Print NaMe Ala 1Or /
Signature
Please indicate application attachments pertaining to your proposed project.
❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts
❑DCM MP-3 upland Development
36CM MP-4 Structures Information
JAN 2 8 202"1

Form DCM MP-4
STRUCTURES
(Construction within Public Trust Ari ss)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sedans of the Joint
Application that relate to this proposed project, Please include all supplemental Information.
1. DOCKING FACILITY/MARINA CHARACTERISTICS
a. (I) Is the dockirhg facility/marina:
❑Commercial ❑Puble/Govamme it 9f1privete/Community
c. (I) Dock(e) and/or piarls)
(i) Number
(III) length ( ,(y �(7't �+
(iv) Width �Z<'
(v) Floating ❑Yes WNo
e. (I) Are Platforms Included? Wes []No 1'10'Ar �aor ��.1 I. (i) AreBostift included? @Yea ❑No
If yea: '/ < X S' It yea.
(II) Number � // / [,D<L6/ '^ q bOC L 01) Number �
0) Length 6e, -e J hl z /
(IV) wlam c ' ' k' u' /,rl. G, , 1.:+� l) Lang"'
( _� (IV) wldm
FI +rn l
(v) Floating []Yes [:]No _ ��
Note: Roofed areas are calculated Mom dnpitne dim renalars�= l K
❑This section not applicable
b. (I) Will the facility be open to the general pudic?
❑yea BNo
d. (I) Are Flnger Piere included?'Byes []NO
If yes:
(if) Number
011I Length
IN) Width
JET r�
(v
tvh Finarino
r IYee Mo
g. (i) Numbs[ of slips proposed ' .lit heck all the types of servion to be provided.
K y r'a 0 rV r12*k / - y / "" " Full service, Including travel tit and/or rail, repair or
(i) Number of slips existing maintenance service '
❑ Dockage, fuel, and marine supplies
❑ lockage ('wet slips') only, number of slips:
❑ Dry storage; number of boats: _
❑ Boat temple); number of boat ramps: _
❑ Otht)r, please describe:
0I lr,
I. Chad( the proposed type of rising: ). Dea rlbe the typical boats lobe served (e.g., open runabout,
❑ Land cut and access charnel charter bonds, sell boats. mixed Ttypes). L.
❑Open water; dredging for basin and/or channel ,[ l Arrr �u n c�tY'ra t�'•J O LI n acki 7
pen water; no dredging required
[]Other; please describe:
i /
k. Typical boat length: _-2,7- I. (1) Will the facll' be oxen to the general pudic?
❑Yee 90
m. (i) WXI tie f Illy hew tic pilings? n
Oyes z10
(if) it yes number of tie pilings?
0q .
r)c

2. DOCKING FACILITY/MARINA OPERATIONS Miiis section not applicable
a. Check each of the following sanitary facilities that will be included in the proposed project.
❑ Office Toilets
❑ Toilets for patrons; Number: _; Location:
❑ Showers
❑ Boatholding tank pumpout; Give type and location:
b. Describe treatment type and disposal location for all sanitary wastewater.
c. Describe the disposal of solid waste, fish offal and trash.
d. How will overboard discharge of sewage from boats be controlled?
e. (i) Give the location and number of 'No Sewage Discharge' signs proposed.
(it) Give the location and number of "Pumpout Available" signs proposed.
I. Describe the special design, if applicable, for containing industdal type pollutants, such as paint, sandblasting waste and petroleum products.
g. Where will residue from vessel maintenance be disposed of?
h. Give the number of channel markers and "No Wake" signs proposed.
i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality.
j. What will be the marina policy on overnight and live -aboard dockage?
k. Describe design measures that promote boat basin flushing?
I. If title project is an expansion of an existing marina, what types of services are currently provided?

m. �Is /the marina/docking facility proposed within a primaryor secondary nursery area?
%Yes ❑No
n. Is the marina/ king facility proposed within or adjacent to any shellfish harvesting area?
eS o
o. s the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shah bottom
(SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected.
❑CW ❑�AV ❑SB
❑WL MfNone
p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes ZlNo
It yes, give the name and address of the leaseholder(s), and give the proximity to the lease.
3. BOATHOUSE (including covered lifts) /V )A 5M)s section not applicable
a. (I) Is the boathouse structure(&):
❑Commercial ❑Public/Government ❑Private/Communhy
(h) Number
(lit) Length
(Iv) Width
Note: Roofed areas are calculated from ddplins dimensions.
4. GROIN (e.g., wood, sheetpile, etc. It a rock groin, use ti Excavation and FIN.) NI.A Whis section not applicable
a. (I) Number
(it) Length _
(III) Width _
5. BREAKWATER (e.g., wood, sheetpile, etc.) /11 A Mfhis section not applicable
a. Length b. Average distance from NHW, NWL, or wetlands
c. Maximum distance beyond NHW, NWL or wetlands
6. MOORING PILINGS and BUOYS E rMis section not applicable
a. Is the stnfclure(s):
❑Commercial ❑Public/Government ❑Private/Community
C. Distance to be placed beyond shoreline _
Note: This should be measured from marsh edge, it present.
e. Arc of the swing
It. Number
d. Description of buoy (color, inscription, size, anchor, etc.)
/Ijo

7. GENERAL
a. Proximity of structure(s) to adjacent riparian property lines
Nate: Ford/oy or mWdng p6/ag, use are or SlVhV aldYdng WWM
of vessel.
c. Width of water body t
e. (1) Will navigational aide be required as a result of the project?
Dyes *o ONA
(ii) If yes, explain Mal type and how they will be implemented.
It. Proximity of structure(s) to adjacent docking facilities.
t- yU .
d. Water depth at waterward end of structure al NLW or NWL
` -6,
8. OTHER OThis section not applk"
a. Give oomplete description:
T�st
n4,c( �)t �� P /Li,:ia✓, s_ Talc 2�"yr' ii0..tFr S
Dale
Project Name -
Applicant Name
L'
Applicant Signstu#:

ROY COOPER
Gmernar
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
New Jack Partners, LLC c/o Nancy Grier
2013 Seawind Lane
Wilmington, NC 28405
Dear Ms. Grier,
NORTH CAROLINA
OwIronmental Quality
April 20, 2022
The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for New Jack
Partners LLC, for State approval for development of the subject property located at 4601/4607 New Jack Road, adjacent
to the Masonboro Sound in New. Hanover County. It was received as complete on April 11, 2022 and appears to be
adequate for processing at this time. The projected deadline for making a decision is June 25, 2022. 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 April 11, 2022, 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 11 3A-I 19(b) requires that Notice of an application be posted at the location of the proposed development.
Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed
development. You should post this notice at a conspicuous point along your property where it can be observed from a
public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way
fronting your property; or at a point along the road right-of-way where a private road would lead one into your property.
Failure to post this notice could result in an incomplete application.
An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State
or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of
my field report and/or comments from reviewing agencies.
Sincerely, rn
Bryan Hall
Field Representative
cc: Cameron Luck, DCM
Holley Snider, DWR
�DKQ
USACE
Christine Bouffard, LPO
North Carolina Department of Environmental Qualay I Dbi$lon of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carogna 28405
910.796.7215

C.AM--A PE'RMI T
Applicant propqs.e*o;.tp *,create,
PROJECT-
Mananhom Sall
--...d in Wilm ngton, New Hanover
.County.
COMMENTS ACCEPTED THROUGH mav fa 2o22
w I
APPLICANT:
New Jack Partners, LLC
Wo Nancy Grier
ZU13 beawind Lane
—Wilmington, NG 28405
—[phone]
Aloen n/a
FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
NC Div. of Coastal Management
12-7 Cardinal or. Ext.
Wilmington, FIC 28405-
Ilryan Hall [phone]

ROY COOPER
cove tt"
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Dimaor
April 20, 2022
[e-mail]
2 Pages
Star News
Legal Advertisement Section
Re: Major Public Notice for:
• New Jack Partners, LLC
NORTH CAROLINA
EhWronnuntal Quality
Hello: Please publish the attached Notice in the Monday, April 25, 2022 issue.
The State Office of Budget & Management requires an original Affidavit of Publication prior
to payment for newspaper advertising.
Please send the original affidavit and invoice for payment to Tanya Pietila at the NC Division
of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226
(Customer No. 489895).
Thank you for your assistance in this matter.
Permitting Support & Customer Assistance
cc: MIIC Files
Cameron Luck — MHC
USACE
D _E QJ �North Carolina Department of Environmental Quality I Division of Coastal Mamitement
Wllmlrgton Oake 1 127 Cardinal Drive Extension I Wilmington. North Carolina 28405
•�+r+v� /'� 910.7%.7215

NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
The Department of Environmental Quality hereby gives public notice as required by NCGS
I I3A-119(b) that the following applications were submitted for a development permits in Areas of
Environmental Concern as designated under the CAMA: On April 20, 2022, New Jack Partners,
LLC proposed to create a community docking facility to accommodate up to five (5) vessels at
460114607 New Jack Rd., adj. to Masonboro Sound in Wilmington, New Hanover County. Copies
of these applications can be examined or copied at the office of Bryan Hall N.C. Dept. of
Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC
28405, [phone] 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 May 16, 2022 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 & comment by the public and
state and federal agencies. Notice of the permit decision in these matters will be provided upon
written request.
D_EQJ North Carolina Department of EnvironmentalQuality I Dlvlslon of Coastal Management
Wilmington Offke 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
u.w� 910.796.7215

New Hanover County
1/28/22, 2:17 PM
COWACTUS ( (7)
NEW HANOVER COUNTY
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Home Property RecordsT NHG Tar Honm Register of Deeds
PARID: Ro7213-007-033-000
NEW JACK PARTNERS LLC 1e01 NEW JACK RD
(o�q ooi>®a►('NDUIta
Raem l Nalaelx
NJ P14 FN
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New Hanover County
1/28/22, 2:/7 PN
NEW HANOVER COUNTY
Property Asse,,
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PARID: R07211007-M.WD
NEW JACK PROPERTIES LLC
a
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JAN 2 8 2W
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CERTIFIED MAIL: B=RN REC EJ =UBE=
DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICAMONIWANER FORM
�1- Name of Property Own
Address of Property:
(Lot or Street #, Street or Road, City & County)
Agent's Name #: Mailing Address:
Agent's phone #:
I hereby certify that I own property adjacent to the above referenced property. The Individual
applying for this permit has desorlbed to me as shown on the attached drawin the develo rent
they are proposing.
1 have no objections to this proposal. 1 have objections to this proposal.
N you have ob ons to what is bo►np propossA you must noU& the Division of Combs Management (DCM)
In wrlNngg In 3O days of ncolpt of Nds no**. Conesponderma should he mslled fo l2Y Cardinal Drtve
W, W Inshu; NC, 281O8.9841 DCM reproantetivos can also be contacted at 010) 788.7218. No
I understand that a pier, dock, mooring pilings, breakwater, boathouse, lit, or groin must be set
back a minimum distance of 15' from my area of riparian access unless waived by me. (If you
wish to waive the setback, you > itaLbI M the appropriate blank below.)
I do wish to waive the 16' setback requirement.
I do not wish to waive the IS' setback requirement.
(Property Owner Information) (Adjacent Property Owngrr Information)
`1 �1J ems";".e' dA.-V(11 Cfa,�, n �� �aeo;A � C 3
Sigma Signature U 'x.
A/aptc gr ZQnw-,3. KC6.1C)L/Prho2c.tH romfal 3LL4
Print or Ty Neme Print or type Name
Mailing Address Meiling Address
Cily/Steteep—� Qity/Stete
Z&, 5?r� Oiby1 -420 -�(a4� e yt~ 'New
Telephone Number elephone Number "
� 5 ti�`�ti
Z/zG/2ZZZi 2/26/22. Ma�% Ct G
Date Date F— Revised 6/2G�ON
t)G

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� (>Irl�aii
New Jack Road CAMA Neighbors
1 message
Nancy Grier <[e-mail]>
Michael Ross Kersting<[e-mail]> Tue, Feb 8, 2022 at 4:02 PM
To: "Nancy Grier (nancykgrler@gmall.00m)" <nencykgrier@gmeil.00m>
Nancy,
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Please see the names and addresses of the neighboring properties below:
4615 Serenity Point </
OLATIDOYESLINDE CONSTANCE M
4615 SERENITY POINT RD
WILMINGTON, NC 28409
619 SalgPjry Paint
WILSON JEFFREY_StO14NE C
3413 TANSEY CLOSE DR
WILMINGTON, NC 28409
4623 SerenlN Point �.
SHAMP FAMILY TRUST
6506 MOINEAR LN
CHAPEL HILL, NC 27514
4627 Serenity Point
OLATIDOYE BABATUNDt CONSTANCE M
4615 SERENITY POINT RD
WILMINGTON, NC 28409
Michael Ross Kersting, AIA • Founder
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Your Rom was delivered to an Individual at the address at 3:48 pm on February 28, 2022 In
WIL.MINGTON, NC 28409.
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Your Item was delivered to the front desk, reception area, or mall room at 12:39 pm on February
12, 2022 in CHAPEL HILL, NC 27514.
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Domestic Return Receipt

Jordan Shamp
6506 Moinear Lane
Chapel Hill, NC 27514
919-698-9018
[e-mail]
February 24, 2022
Wilmington, NC Department of Coastal Management
To Whom It May Concern,
I am writing in regards to the pier/dock proposal (attached) by New Jack Partners, LLC.
We are in opposition of this proposal for a few reasons.
Firstly, there is no engineering or any type of justification as to why this dock cannot be
implemented over the same footprint as the existing dock. It's hard for me to determine
by the attached documentation how far the proposed dock even is from our property line
because the print is so small. The proposed location for the pier will drastically alter the
visual privacy of our, and our neighbor's homes. Anyone on the pier will be able to look
directly up into the majority of our home which will have a direct impact on our property
value. If the dock were to be installed over the footprint of the existing dock, this
sightline would be much less invasive and would offer a fair compromise.
Secondly, the area in which they will be constructing initial portion of the walkway is a
constant food source for multiple types of local wildlife. The specific location of this
proposed pier/dock will permanently alter multiple types of wildlife.
I strongly support a compromise of re -working the dock application to fit over the existing
dock footprint, unless 3rd-party engineering documentation is provided explaining a
specific need to have the structure where it is currently planned. Thank you for your
consideration.
Sincerely,
t!C!,,
Jordan Shamp
Trustee of the Shamp Family Trust
FEB 2 8 202�
0
0

NARRATIVE 4601 AND 4607 NEW JACK ROAD, WILMINGTON, INC 28409
New Jack Partners LLC will be closing on the sale of the Parcels of Land located at 4601 and
4607 New Jack Road, Wilmington, NC 28409 on Oct 5, 2021. It is our understanding this Land
has been owned by the Lewis family since the 1950's. There currently is a main house, cottage,
garage and carport on the property.
During our Due Diligence Period we tried to look at all options available in developing these 2
parcels and learn the history. We met and/or spoke with New Hanover Planning and
Development, CAMA, Hanover Design (the previous Engineers for the Project), Surveyors,
Dock Builders, the Lewises and the Zimmer Development Group. We explored several options
for this dock and have come up with a structure that will work well for the Property Owners.
PROPOSED:
Combine 2 Current Pieces of Property into One Lot. Sell one 1 Acre Lot to the North to James
McCormick. (Currently Under Contract and scheduled to close in Mid March),
Create 4 80' R15 Lots and build a Common Dock with Gazebo, Kayak Launch, and 4
Motorized Boat Slips. (1 Per Lot Owner).
A Common Dock will better serve these parcels, vs each Lot Owner building their own private
dock and Boat Slip.
FEB 2 8 2922

N.C. DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM
CERTIFIED MAIL RETURN RECEIPT REQUESTED or HAND DELIVERY
(Top portion to be completed by owner or their agent)
Name of Property Owner:
Address of Property:
Mailing Address of
�J l Loto p tA) 1, , Ai C P4�Za i
Owner's email: no L1c41 /<G ok � ' Owners Phone#:
it J
Agent's Name:
Agent's Email:
Agent
ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION
(Bottom portion to be completed by the Adjacent Property Owner)
I hereby certify that I own property adjacent to the above referenced property. The individual applying for this
permit has described to me, as shown on the attached drawing, the development they are proposing. A
description or drawino with dimensions must be provided with this letter.
__ I DO NOT have objections to this proposal. _X_ 1 DO have objections to this proposal.
If you have objections to what Is being proposed, you must nottry the N.C. Division or Coastal
Management (DCM) In writing within 10 days of receipt of this notice. Correspondence should be
mailed to 127 Cardinal Drive Ext., Wilmington, NC 28405.3845. DCM representatives can also be
contacted at [phone]. No response /s considered the same as no objection If you have been
notified by Cetilfled Mall,
WAIVER SECTION
I understand that any proposed pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or
groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me
(this does not apply to bulkheads or riprap revetments), (If you wish to waive the setback, you must sign
the appropriate blank below.)
I DO wish to waive some/all of the 15' setback
Signature of Adjacent Riparian Property Owner
I do not wish to waive the 15' setback requirement (initial the blank) �S
Signature of Adjacent Riparian Property Owner: v I l or
Typed/Printed name of ARPO: /70 r i Lu, Cq . ;i I n.; h
Mailing Address of ARPO: (,S c lea' 1G•r fin.or j If. t.l NC 2 7S/ f
ARPO'semail: Ca, ARPO'sPhone#: telly 'Gtiff 9ut8
Date: .2/Zti/�� `waiver is valid for up to one year from ARPO's Signature'
f^
Revised July 2021
EB 2 8 2922

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PO: 533 - 636
NC FEE SW 00
2021051173
RECORDED.
NEW HANOVER COUNTY,
1 O2212021
REAL ESTATE
04:43:14 PM
TAMMY THEUaCH PIVER
BY: ANDREA CREBWELL
REOmTER OF DEE00 EXTX S570D 00
ASSISTANT
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
ELECTRONICALLY RECORDED
REVENUE STARS: $5,700.00 GENERAL WARRANTY DEED
Tax Parcel ID # R07213-007-033-000 AND R07213-007-034-000
Mail After Recording To: New Jack Partners, LLC
(Grantee's Address) 2013 Seawind Lane
Wilmington, NC 28405
DRAWN BY: CALDER LAW, PLLC
1410 Commonwealth Drive, #205, Wilmington, NC 28403
No title examination was requested or performed in connection with
the preparation of this instrument unless expressly in an Opinion
signed by the drafting Attorney.
RETURNED TO: Hodges, Coxe & Potter, LLP
3907-100 Wrightsville Avenue
Wilmington, NC 28403
X If checked, the property includes the primary residence
of at least one of the Grantors, otherwise, note as N/A. (per NC
GS § 105-317.2)
Grantor's Address: 1250 Falls Road JAN i Mi
Rock Hill, SC 29730
Brief Description: Metes and Bounds
This Deed, made and entered into this the day of
September, 2021, by and between Joyce Hall Lewis, unmarried, the
GRANTOR herein; and, New Jack Partners, LLC, the GRANTEE herein.
W I T N E S S E T H:
That the Grantor(s), for and in the consideration of the sum
of One Dollar and other valuable consideration, the receipt of
which is hereby acknowledged, has and by these presents, does
submitted electronically by "Hodges Coxe Potter & Phillips, LLP"
in compliance with North Carolina statutes governing recordable documents
and the terms of the submitter agreement with the New Hanover County Register of Deeds.

grant, bargain, sell and convey unto the Grantee(s) in fee simple,
that real estate located in the County of New Hanover, State of
North Carolina, more particularly described as follows:
Being those tracts located at 4601 and 4607 New Jack
Road in Wilmington, New Hanover County, NC, having Tax
Parcel ID Number R07213-007-033-000 AND R07213-007-
034-000; described in instruments recorded in Book
439, Page 375 and in Book 439 at Page 376 in the said
New Hanover County Registry, as the same is more
particularly described in that Exhibit A attached
hereto and incorporated herein by reference.
To have and to hold the aforesaid lot or parcel, together
with all, privileges and appurtenances thereto, heretofore
belonging to the Grantee(s) in fee simple.
The Grantor(s) covenants with the Grantee(s) that Grantor(s)
is seized of the premises in fee simple, has the right to convey
the same in fee simple, that the title is marketable and free and
clear of all encumbrances, and that Grantor(s) will warrant and
defend the title against the lawful claims of all persons
whomsoever except for the exceptions hereinafter stated. Title to
the property hereinabove described is subject to the following
exceptions: The provisions of all applicable zoning and land use
ordinances, statutes and regulations; ad valorem taxes; all
applicable restrictive covenants and rights reserved or granted
therein; and all applicable utility, drainage and other easements
of record.
In witness whereof, the Grantor(s) have hereunto set their
hands and seals this the day and year first above written.
,JA_1�LewisBD EA&A U (SEAL)
Joyc& Hal
Ayorfh CCA 4j/
STATE OF 6MM3-2AS3 G7K COUNTY OF un;nn
I, a Notary Public of the County and State aforesaid, certify
that Joyce Hall Lewis personally appeared before me, known to me
or proven to me by photographic identification, this day and
acknowledged the execution of the foregoing instrument.
Witness my hand and official stamp or seal, this the Ay4h
day of September, 2021.
�.`%Notary 9�� ublic
PrrintedPName: ZU@ j0TAgy E ��� Ny Commission xpire
JAN 2 8 20Z

.q zl I : - - s-
BEING in the County of New Hanover and State of North Carolina, and
being described as follows:
Being those tracts located at 4601 and 4607 New Jack Road in
Wilmington, New Hanover County, NC having Tax Parcel ID Numbers
R07213-007-033-000 AND R07213-007-034-000; described in
instruments recorded in Book 439, Page 375 and in Book 439 at Page
376 in the said New Hanover County Registry, as the same being more
particularly described as follows:
Tract One: BEGINNING at an iron pipe located at high water mark of
the western shore of Masonboro Sound, said pipe being the southeastern
comer of a tract of land heretofore conveyed by the said George W. Trask
and wife, to R.W. Montgomery and wife, by deed duly recorded in Book
418 at Page 327, in the office of the Register of Deeds of New Hanover
County, and running thence North 70 degrees 32 minutes West with the
said R. W. Montgomery's line 575.5 feet to an old post, Montgomery's
southwestern comer; thence South 19 degrees 55 minutes West along the
easterly line of a new road 210 feet to an iron pipe; thence South 70
degrees 34 minutes East 586.79 feet to an iron pipe at the high water
mark on the western shore of Masonboro Sound; thence North 16
degrees 50 minutes East with the general highwater mark and shore line
of Masonboro Sound a straight line distance of 209.85 feet to the
beginning. Containing 3 acres more or less.
TRACT TWO: BEGINNING at an iron pipe at the high water mark on
the western shore of Masonboro Sound, said iron pipe being located
South 16 degrees 50 minutes West 209.85 feet from another iron pipe
located at the southeastern comer of a tract of land conveyed by George
W. Trask and wife, Emma Trask to R.W. Montgomery and wife, by deed
recorded in Book 418, Page 327 in the office of the Register of Deeds
New Hanover County; and running thence North 70 degrees 34 minutes
West 586.79 feet to an iron pipe located in the eastern edge of a new road,
said iron pipe also being located South 19 degrees 55 minutes West 210
feet from the aforesaid RW. Montgomery's southwestern corner;
JO 2, 8 2.02%

running thence South 19 degrees 55 minutes West 210 feet to an iron
pipe in the eastern edge of the new road; thence South 68 degrees 59
minutes East 424.07 feet to a point in the center of the turn of a ditch
(Cameron's northwest comer); thence with the center of said ditch South
74 degrees 32 minutes East 218.6 feet to an iron pipe at the high water
mark of the western shore of Masonboro Sound; thence northwardly with
the general high water mark of the western shore of Masonboro Sound (a
straight line distance of North 4 degrees 56 minutes East 213.4 feet) to
the beginning. Containing 3 acres more or less.
lW,

SK: RB 6506
PG: 537 - 552
NC FEE 464.00
2021051174
RECORDED.
NEW HANOVER COUNTY,
10r27J2021
04:43:16 PM
TAMMY THEUSCH PIVER
BY ANOREACRESWELL
REGISTER OF DEEDS ExTx 40.e0
ASSISTANT
CONSTRUCTION DEED OF TRUST SECURING FUTURE ADVANCES
WHEN RECORDED MAIL TO:
FIRST BANK, LOAN OPERATIONS, PO BOX 10209, GREENSBORO, NC 27404
SEND TAX NOTICES TO:
FIRST BANK, PO BOX 10209, GREENSBORO, NC 27404
This Deed of Trust prepared by:
X
BANK AND SAMUEL POTTER
THIS DEED OF TRUST Is dated October 21, 2021, among NEW JACK PARTNERS, LLC, whose address is
2013 SEAWIND LN, WILMINGTON, NC 28405-4274 ("Grantor"); FIRST BANK , whose address is
WILMINGTON - MAIN, 201 MARKET STREET, WILMINGTON, NC 28401 (referred to below sometimes as
"Lender" and sometimes as "Beneficiary"); and Klrsten E. Foyles, Esq., whose address is 340 Commerce
Avenue, Ste 17B, Southern Pines, NC 28387 (referred to below as "Trustee").
CONVEYANCE AND GRANT, NOW, THEREFORE, as security for the Indebtedness, advancements and other
sums expended by the Beneficiary pursuant to this Deed of Trust and costs of collection (Including attorneys'
fees as provided In the Note) and other valuable consideration, the receipt of which Is hereby acknowledged,
Grantor has bargained, sold, given, granted and conveyed and does by these presents bargain, sell, give, grant
and convey to Trustee, and Trustee's heirs or successors and assigns, for the benefit of Lender as Beneficiary,
all of Grantor's right, title, and interest in and to the following described real property, together with all existing
or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and
appurtenances; all water, water rights and ditch rights (including stock In utilities with ditch or irrigation rights);
and all other rights, royalties, and profits relating to the real property, including without limitation all minerals,
oil, gas, geothermal and similar matters, (the "Real Property") located In NEW HANOVER County, State of
North Carolina:
See ATTACHED EXHIBIT A , which Is attached to this Deed of Trust and made a part of this Deed of Trust
as If fully set forth herein.
The Real Property or its address Is commonly known as (PARCEL #R07213-007-033-000 and
R07213-007-034-000) 5.84 ACRES +/- LOCATED AT 4601 & 4607 NEW JACK RD. , WILMINGTON, NC
28409.
To have and to hold said Real Property with all privileges and appurtenances thereunto belonging, to the
Trustee, his heirs, successors and assigns forever, upon the trusts, terms and conditions and for the uses
hereinafter set forth.
submitted electronically by "Hodges Coxe Potter & Phillips, LLP"
in
compl lance with North caroltna statutes governing recordable documents
and the terms of the submit ter agreement with the New Hanover county Register of Deeds.

DEED OF TRUST
(Continued) Page 2
Grantor presently assigns to Lender (also known as Beneflolary In this Deed of Trust) all of Grantor's right, title,
and Interest In and to all present and future leases of the Property and all Rents from the Property. In addition,
Grantor grants to Lander a Uniform Commercial Code security Interest In the Personal Properly and Rents.
THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE
RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B)
PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS
DEED OF TRUST. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY
INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS ALSO GIVEN TO SECURE ANY AND ALL OF
GRANTOR'S OBLIGATIONS UNDER THAT CERTAIN CONSTRUCTION LOAN AGREEMENT BETWEEN
GRANTOR AND LENDER OF EVEN DATE HEREWITH. ANY EVENT OF DEFAULT UNDER THE CONSTRUCTION
LOAN AGREEMENT, OR ANY OF THE RELATED DOCUMENTS REFERRED TO THEREIN, SHALL ALSO BE AN
EVENT OF DEFAULT UNDER THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON
THE FOLLOWING TERMS:
FUTURE ADVANCES. The Indebtedness secured by this Deed of Trust Is for present and future advances
and/or present and future obligations that may from time to time be made or Incurred under this Deed of Trust
and this Deed of Trust is given to secure all present and future advances and/or obligations made to or incurred
by Grantor. The period in which future advances may be made and/or future obligations may be incurred and
secured by this Deed of Trust Is the period between the date hereof and that date which Is thirty (30) years
from the date hereof. The amount of present obligations secured by this Deed of Trust is Two Million One
Hundred Thirty-seven Thousand Five Hundred & 00/100 Dollars ($2,137,500.00) and the maximum principal
amount, including present and future advances and/or obligations, that may be secured by this Deed of Trust at
any one time is Five Million Three Hundred Five Thousand & 00/100 Dollars ($5,305,000.00.) This Deed of
Trust shall also secure all payments made, sums advanced, and expenses Incurred by Lender (A) for Insurance,
taxes, and assessments, (B) to protect Lender's interest under this Deed of Trust, or (0) to preserve and
protect the value or condition of the Real Property encumbered by this Deed of Trust and shall have the same
priority as If they had been paid, advanced or Incurred at the time this Deed of Trust was registered. Further
advances may be made and additional obligations secured by this Deed of Trust may be Incurred from time to
time within the thirty (30) year time limit fixed by this Deed of Trust, provided that the maximum principal
amount of obligations outstanding at any one time shall not exceed the maximum amount set forth above. All
future advances and/or obligations shall be considered to be made or Incurred pursuant to the requirements of
North Carolina General Statutes Sections 45-67, at. seq., or any amendments thereto.
PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Grantor shall pay to
Lender all amounts secured by this Deed of Trust as they become due, and shall strictly and In a timely manner
perform all of Grantor's obligations under the Note, this Deed of Trust, and the Related Documents.
CONSTRUCTION MORTGAGE. This,Deed of Trust Is a "construction mortgage' for the purposes of Sections
9-334 and 2A-309 of the Uniform Commercial Code, as those sections have been adopted by the State of
North Carolina.
POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of
the Property shall be governed by the following provisions:
Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain In possession
and control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the
Property.
Duly to Maintain. Grantor shall maintain the Property In tenantable condition and promptly perform all
repairs, replacements, and maintenance necessary to preserve its value.
Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (1) During the
period of Grantor's ownership of the Property, there has been no use, generation, manufacture, storage,
treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under,
about or from the Property; (2) Grantor has no knowledge of, or reason to believe that there has been,
except as previously disclosed to and acknowledged by Lender In writing, (a) any breach,4t, ylglLgignj gf

DEED OF TRUST
(Continued)
Page 3
any Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or
threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners
or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any person
relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in
writing, (a) neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shall
use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about
or from the Property; and (b) any such activity shall be conducted in compliance with all applicable
federal, state, and local laws, regulations and ordinances, including without limitation all Environmental
Laws. Grantor authorizes Lender and its agents to enter upon the Property to make such Inspections and
tests, at Grantor's expense, as Lender may deem appropriate to determine compliance of the Property with
this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's purposes
only and shall not be construed to create any responsibility or liability on the part of Lender to Grantor or to
any other person. The representations and warranties contained herein are based on Grantor's due
diligence in investigating the Property for Hazardous Substances. Grantor hereby (1) releases and waives
any future claims against Lender for indemnity or contribution in the event Grantor becomes liable for
cleanup or other costs under any such laws; and (2) agrees to Indemnify, defend, and hold harmless
Lender against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may
directly or indirectly sustain or suffer resulting from a breach of this section of the Deed of Trust or as a
consequence of any use, generation, manufacture, storage, disposal, release or threatened release
occurring prior to Grantor's ownership or interest in the Property, whether or not the same was or should
have been known to Grantor. The provisions of this section of the Deed of Trust, including the obligation
to Indemnify and defend, shall survive the payment of the Indebtedness and the satisfaction and
reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition of any
interest in the Property, whether by foreclosure or otherwise.
Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer
any stripping of or waste on or to the Property or any portion of the Property. Without limiting the
generality of the foregoing, Grantor will not remove, or grant to any other party the right to remove, any
timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's
prior written consent.
Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property
without Lender's prior written consent. As a condition to the removal of any Improvements, Lender may
require Grantor to make arrangements satisfactory to Lender to replace such Improvements with
Improvements of at least equal value.
Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property
at all reasonable times to attend to Lender's Interests and to inspect the Real Property for purposes of
Grantor's compliance with the terms and conditions of this Deed of Trust.
Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances,
and regulations, now or hereafter in effect, of all governmental authorities applicable to the use or
occupancy of the Property, including without limitation, the Americans With Disabilities Act. Grantor may
contest in good faith any such law, ordinance, or regulation and withhold compliance during any
proceeding, including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing
so and so long as, in Lender's sole opinion, Lender's interests In the Property are not jeopardized. Lender
may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to
protect Lender's interest.
Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all
other acts, in addition to those acts set forth above In this section, which from the character and use of the
Property are reasonably necessary to protect and preserve the Property.
DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable
all sums secured by this Deed of Trust upon the sale or transfer, without Lender's prior written consent, of all
or any part of the Real Property, or any interest in the Real Property. A "sale or transfer" means the

DEED OF TRUST
(Continued) Page a
conveyance of Real Property or any right, title or interest in the Real Property; whether legal, beneficial or
equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land
contract, contract for deed, leasehold Interest with a term greater than three (3) years, lease -option contract, or
by sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the Real
Property, or by any other method of conveyance of an interest in the Real Property. If any Grantor is a
Corporation, partnership or limited liability company, transfer also includes any restructuring of the legal entity
(whether by merger, division or otherwise) or any change in ownership of more than twenty-five percent (25%)
of the voting stock, partnership interests or limited liability company interests, as the case may be, of such
Grantor. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or
by North Carolina law.
TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this
Deed of Trust:
Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes, special taxes,
assessments, charges (including water and sewer), fines and Impositions levied against or on account of
the Property, and shall pay when due all claims for work done on or for services rendered or material
furnished to the Property. Grantor shall maintain the Property free of all liens having priority over or equal
to the interest of Lender under this Deed of Trust, except for the lien of taxes and assessments not due and
except as otherwise provided in this Deed of Trust.
Right to Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a
good faith dispute over the obligation to pay, so long as Lender's interest in the Property is not jeopardized.
If a lien arises or is filed as a result of nonpayment, Grantor shall within fifteen (15) days after the lien
arises or, if a lien Is filed, within fifteen (15) days after Grantor has notice of the filing, secure the discharge
of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or
other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and
reasonable attorneys' fees, or other charges that could accrue as a result of a foreclosure or sale under the
lien. In any contest, Grantor shall defend itself and Lender and shall satisfy any adverse judgment before
enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety
bond furnished in the contest proceedings.
Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of
the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at
any time a written statement of the taxes and assessments against the Property.
Notice of Construction. Grantor shall notify Lender at least fifteen (15) days before any work is
commenced, any services are furnished, or any materials are supplied to the Property, if any mechanic's
lien, materialmen's lien, or other lien could be asserted on account of the work, services, or materials.
Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that
Grantor can and will pay the cost of such improvements.
PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this
Deed of Trust.
Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard
extended coverage endorsements on a fair value basis for the full insurable value covering all Improvements
on the Real Property in an amount sufficient to avoid application of any coinsurance clause, and with a
standard mortgagee clause in favor of Lender. Grantor shall also procure and maintain comprehensive
general liability insurance in such coverage amounts as Lender may request with Trustee and Lender being
named as additional insureds in such liability insurance policies. Additionally, Grantor shall maintain such
other insurance, including but not limited to hazard, business interruption, and boiler insurance, as Lender
may reasonably require. Policies shall be written in form, amounts, coverages and basis reasonably
acceptable to Lender and issued by a company or companies reasonably acceptable to Lender. Grantor,
upon request of Lender, will deliver to Lender from time to time the policies or certificates of insurance in
form satisfactory to Lender, including stipulations that coverages will not be cancelled or diminished

DEED OF TRUST
(Continued) Page 5
without at least ten (10) days prior written notice to Lender. Each Insurance policy also shall include an
endorsement providing that coverage in favor of Lender will not be impaired in any way by any act,
omission or default of Grantor or any other person. The Real Property is or will be located in an area
designated by the Administrator of the Federal Emergency Management Agency as a special flood hazard
area. Grantor agrees to obtain and maintain flood insurance, if available, for the full unpaid principal
balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits
set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such
insurance for the term of the loan. Flood insurance may be purchased under the National Flood Insurance
Program, from private insurers providing "private flood insurance" as defined by applicable federal flood
Insurance statutes and regulations, or from another flood insurance provider that is both acceptable to
Lender in its sole discretion and permitted by applicable federal flood Insurance statutes and regulations.
Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property.
Lender may make proof of loss if Grantor fails to do so within fifteen If 5) days of the casualty. Whether or
not Lender's security is impaired, Lender may, at Lender's election, receive and retain the proceeds of any
insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the
Property, or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration
and repair, Grantor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory
to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the
proceeds for the reasonable cost of repair or restoration if Grantor Is not in default under this Deed of
Trust. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender
has not committed to the repair or restoration of the Property shall be used first to pay any amount owing
to Lender under this Deed of Trust, then to pay accrued Interest, and the remainder, if any, shall be applied
to the principal balance of the Indebtedness. If Lender holds any proceeds after payment in full of the
Indebtedness, such proceeds shall be paid to Grantor as Grantor's interests may appear.
Grantor's Report on Insurance. Upon request of Lender, however not more than once a year, Grantor shall
furnish to Lender a report on each existing policy of insurance showing: (1) the name of the insurer; (2)
the risks insured; (3) the amount of the policy; (4) the property insured, the then current replacement
value of such property, and the manner of determining that value; and (5) the expiration date of the
policy. Grantor shall, upon request of Lender, have an independent appraiser satisfactory to Lender
determine the cash value replacement cost of the Property.
LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's
interest in the Property or if Grantor fails to comply with any provision of this Deed of Trust or any Related
Documents, Including but not limited to Grantor's failure to discharge or pay when due any amounts Grantor Is
required to discharge or pay under this Deed of Trust or any Related Documents, Lender on Grantor's behalf
may (but shall not be obligated to) take any action that Lender deems appropriate, including but not limited to
discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any time levied or
placed on the Property and paying all costs for Insuring, maintaining and preserving the Property. All such
expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under the
Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will
become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to
the balance of the Note and be apportioned among and be payable with any installment payments to become
due during either (1) the term of any applicable insurance policy; or (2) the remaining term of the Note; or
(C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Deed of Trust
also will secure payment of these amounts. Such right shall be In addition to all other rights and remedies to
which Lender may be entitled upon the occurrence of any Event of Default.
WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of
this Deed of Trust:
Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property in fee
simple, free and clear of all liens and encumbrances other than those set forth in the Real Property
description or in any title insurance policy, title report, or final title opinion issued in favor of, and accepted
JAN ?8 &_:

DEED OF TRUST
. (Continued) Page B
by, Lender in connection with this Deed of Trust, and (b) Grantor has the full right, power, and authority
to execute and deliver this Deed of Trust to Lender.
Defense of Title. Subject to the exception In the paragraph above, Grantor warrants and will forever
defend the title to the Property against the lawful claims of all persons. In the event any action or
proceeding Is commenced that questions Grantor's title or the interest of Trustee or Lender under this Deed
of Trust, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party In such
proceeding, but Lender shall be entitled to participate in the proceeding and to be represented In the
proceeding by counsel of Lender's own choice, and Grantor will deliver, or cause to be delivered, to Lender
such Instruments as Lender may request from time to time to permit such participation.
Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies
with all existing applicable laws, ordinances, and regulations of governmental authorities.
Survival of Representations and Warranties. All representations, warranties, and agreements made by
Grantor in this Deed of Trust shall survive the execution and delivery of this Deed of Trust, shall be
continuing In nature, and shall remain In full force and effect until such time as Grantor's Indebtedness shall
be paid In full.
CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of
Trust;
Proceedings. If any proceeding In condemnation Is filed, Grantor shall promptly notify Lender In writing,
and Grantor shall promptly take such steps as may be necessary to defend the action and obtain the
award. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate In
the proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor will
deliver or cause to be delivered to Lender such Instruments and documentation as may be requested by
Lender from time to time to permit such participation.
Application of Net Proceeds. If all or any part of the Property Is condemned by eminent domain
proceedings or by any proceeding or purchase In lieu of condemnation, Lender may at Its election require
that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or
restoration of the Property. The net proceeds of the award shall mean the award after payment of all
reasonable costs, expenses, and attorneys' fees Incurred by Trustee or Lender In connection with the
condemnation.
IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions
relating to governmental taxes, fees and charges are a part of this Dead of Trust:
Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents In
addition to this Deed of Trust and take whatever other action Is requested by Lender to perfect and
continue Lender's lien on the Real Property. Grantor shall reimburse Lender for all taxes, as described
below, together with all expenses Incurred in recording, perfecting or continuing this Deed of Trust,
Including without Ilmitation all taxes, fees, documentary stamps, and other charges for recording or
registering this Deed of Trust.
Taxes. The following shall constitute taxes to which this section applies: (f) a specific tax upon this type
of Dead of Trust or upon all or any part of the Indebtedness secured by this Deed of Trust; (2) a specific
tax on Grantor which Grantor is authorized or required to deduct from payments an the Indebtedness
secured by this type of Deed of Trust; (3) a tax on this type of Deed of Trust chargeable against the
Lender or the holder of the Note; and (4) a specific tax on all or any portion of the Indebtedness or on
payments of principal and interest made by Grantor.
Subsequent Texas. If any tax to which this section applies is enacted subsequent to the date of this Deed
of Trust, this event shall have the same effect as an Event of Default, and Lender may exercise any or all of
Its available remedies for an Event of Default as provided below unless Grantor either (1) pays the tax
before it becomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens section
and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to

DEED OF TRUST
(Continued) Page 7
Lender.
SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Dead of Trust as
a security agreement are a part of this Deed of Trust:
Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the
Property constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform
Commercial Code as amended from time to time.
Security Interest. Upon request by Lender, Grantor shall take whatever action is requested by Lender to
perfect and continue Lenders security Interest In the Rents and Personal Property. In addition to recording
this Deed of Trust in the real property records, Lender may, at any time and without further authorization
from Grantor, file executed counterparts, copies or reproductions of this Dead of Trust as a financing
statement. Grantor shall reimburse Lender for all expenses incurred in perfecting or continuing this security
Interest. Upon default, Grantor shall not remove, sever or detach the Personal Property from the Property.
Upon default, Grantor shall assemble any Personal Property not affixed to the Property In a manner and at a
place reasonably convenient to Grantor and Lender and make it available to Lender within three (3) days
after receipt of written demand from Lender to the extent permitted by applicable law.
Addresses. The malling addresses of Grantor (debtor) and Lender (secured party) from which Information
concerning the security Interest granted by this Deed of Trust may be obtained (each as required by the
Uniform Commercial Code) are as stated on the first page of this Deed of Trust.
FURTHER ASSURANCES; ATTORNEY -IN -FACT. The following provisions relating to further assurances and
attorney -In -fact are a part of this Deed of Trust:
Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make,
execute and deliver, or will cause to be made, executed or delivered, to Lender or to Lenders designee, and
when requested by Lender, cause to be filed, recorded, rallied, or rerecorded, as the case may be, at such
times and in such offices and places as Lender may deem appropriate, any and all such mortgages, deeds
of trust, security deeds, security agreements, financing statements, continuation statements, instruments
of further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary
or desirable In order to effectuate, complete, perfect, continue, or preserve (1) Grantors obligations
under the Note, this Deed of Trust, and the Related Documents, and (2) the liens and security Interests
created by this Deed of Trust as first and prior liens on the Property, whether now owned or hereafter
acquired by Grantor. The lien of this Deed of Trust and the security Interest granted hereby will
automatically attach, without further act, to all after -acquired property attached to and or used In the
operation of the Property or any part thereof. Unless prohibited by law or Lender agrees to the contrary in
writing, Grantor shall reimburse Lender for all costs and expenses Incurred in connection with the matters
referred to In this paragraph.
Attorney -In -Fact. If Grantor falls to do any of the things referred to in the preceding paragraph, Lender may
do so for and In the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby
Irrevocably appoints Lender as Grantor's attorney -In -fact for the purpose of making, executing, delivering,
filing, recording, and doing all other things as may be necessary or desirable, in Lenders sole opinion, to
accomplish the matters referred to In the preceding paragraph.
FULL PERFORMANCE. If Grantor pays all the Indebtedness when due, and otherwise performs all the
obligations Imposed upon Grantor under this Deed of Trust, Lender shall submit for recording a satisfaction of
security instrument and shall execute and deliver to Grantor suitable statements of termination of any financing
statement on file evidencing Lender's security Interest In the Rents and the Personal Property. Any
reconveyance fee required by law shall be paid by Grantor, if permitted by applicable law.
DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Deed of
Trust:
Payment Default. Grantor falls to make any payment when due under the Indebtedness.

DEED OF TRUST
(Continued)
Page 6
Default on Other Payments. Failure of Grantor within the time required by this Deed of Trust to make any
payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge
of any lien.
Other Defaults. Grantor fails to comply with or to perform any other term, obligation, covenant or
condition contained in this Deed of Trust or in any of the Related Documents or to comply with or to
perform any term, obligation, covenant or condition contained in any other agreement between Lender and
Grantor.
Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in
this Deed of Trust, the Note or in any of the Related Documents.
Environmental Default. Failure of any party to comply with or perform when due any term, obligation,
covenant or condition contained in any environmental agreement executed in connection with the Property.
Default In Favor of Third Parties. Should Grantor default under any loan, extension of credit, security
agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person
that may materially affect any of Grantor's property or Grantor's ability to repay the Indebtedness or
Grantor's ability to perform Grantor's obligations under this Deed of Trust or any of the Related
Documents.
False Statements. Any warranty, representation or statement made or furnished to Lender by Grantor or
on Grantor's behalf under this Deed of Trust or the Related Documents is false or misleading In any material
respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter.
Defective Collateralizatlon. This Deed of Trust or any of the Related Documents ceases to be In full force
and effect (including failure of any collateral document to create a valid and perfected security interest or
lien) at any time and for any reason.
Death or Insolvency. The dissolution of Grantor's (regardless of whether election to continue Is made), any
member withdraws from the limited liability company, or any other termination of Grantor's existence as a
going business or the death of any member, the insolvency of Grantor, the appointment of a receiver for
any part of Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or
the commencement of any proceeding under any bankruptcy or insolvency laws by or against Grantor.
Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by
judicial proceeding, self-help, repossession or any other method, by any creditor of Grantor or by any
governmental agency against any property securing the Indebtedness. This includes a garnishment of any
of Grantor's accounts, including deposit accounts, with Lender. However, this Event of Default shall not
apply If there is a good faith dispute by Grantor as to the validity or reasonableness of the claim which is
the basis of the creditor or forfeiture proceeding and if Grantor gives Lender written notice of the creditor
or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture
proceeding, In an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond
for the dispute.
Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between
Grantor and Lender that is not remedied within any grace period provided therein, including without
limitation any agreement concerning any indebtedness or other obligation of Grantor to Lender, whether
existing now or later.
Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of
the Indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or
liability under, any Guaranty of the Indebtedness.
Adverse Change. A material adverse change occurs in Grantor's financial condition, or Lender believes the
prospect of payment or performance of the Indebtedness is impaired.
Insecurity. Lender in good faith believes itself Insecure.

DEED OF TRUST
(Continued)
Page 9
RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at any time
thereafter, Trustee or Lender may exercise any one or more of the following rights and remedies:
Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other
remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under
this Deed of Trust, after Grantor's failure to perform, shall not affect Lender's right to declare a default and
exercise its remedies.
Accelerate Indebtedness. Lender shall have the right at its option without notice to Grantor to declare the
entire Indebtedness immediately due and payable, including any prepayment penalty which Grantor would
be required to pay.
Express Power of Sale Provision. Upon the application or request of Lender, it shall be lawful for and the
duty of the Trustee, and the Trustee is hereby authorized and empowered, to expose to sale and to sell the
Property at public auction for cash, after having first complied with all applicable requirements of North
Carolina law with respect to the exercise of powers of sale contained In deeds of trust or such other sales
appropriate under the circumstances; and upon any such sale, the Trustee shall convey title to the
purchaser in fee simple. In the event of any sale under this Deed of Trust by virtue of the exercise of the
powers granted in this Deed of Trust, or pursuant to any order and any judicial proceeding or otherwise,
the Property may be sold as an entirety or in separate parcels and in such manner or order as Lender in its
sole discretion may elect. Trustee shall be authorized to hold a sale pursuant to North Carolina General
Statute Chapter 45. If Trustee so elects, Trustee may sell the Property covered by this Deed of Trust at
one or more separate sales in any manner permitted by applicable North Carolina law, and any exercise of
the powers granted in this Deed of Trust shall not extinguish or exhaust such powers, until the entire
Property is sold or the Indebtedness is paid in full. If such Indebtedness is now or hereafter further secured
by any chattel mortgages, pledges, contracts of guaranty, assignments of lease or other security
instruments, Lender may at its option exercise the remedies granted under any of the security agreements
either concurrently or independently and in such order as Lender may determine.
Foreclosure. With respect to all or any part of the Real Property, the Trustee shall have the right to
foreclose by notice and sale, and Lender shall have the right to foreclose by judicial foreclosure, in either
case in accordance with and to the full extent provided by applicable law.
UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and
remedies of a secured party under the Uniform Commercial Code.
Collect Rents. Lender shall have the right, without notice to Grantor to take possession of and manage the
Property and collect the Rents, including amounts past due and unpaid, and apply the not proceeds, over
and above Lender's costs, against the Indebtedness. In furtherance of this right, Lender may require any
tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rants
are collected by Lender, then Grantor irrevocably designates Lender as Grantor's attorney -in -fact to endorse
instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the
proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the
obligations for which the payments are made, whether or not any proper grounds for the demand existed.
Lender may exercise its rights under this subparagraph either In person, by agent, or through a receiver.
Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any
part of the Property, with the power to protect and preserve the Property, to operate the Property
preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and
above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if
permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent
value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not
disqualify a person from serving as a receiver.
Tenancy at Sufferance. If Grantor remains In possession of the Property after the Property is sold as
provided above or Lender otherwise becomes entitled to possession of the Property upon default of
Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser of the Property and shall,

DEED OF TRUST
(Continued) Page 10
at Lender's option, either (1) pay a reasonable rental for the use of the Property, or (2) vacate the
Property immediately upon the demand of Lender.
Other Remedies. Trustee or Lender shall have any other right or remedy provided in this Deed of Trust or
the Note or available at law or in equity.
Notice of Sale. lender shall give Grantor reasonable notice of the time and place of any public sale of the
Personal Property or of the time after which any private sale or other intended disposition of the Personal
Property is to be made. Reasonable notice shall mean notice given at least ten (10) days before the time of
the sale or disposition. Any sale of the Personal Property may be made in conjunction with any sale of the
Real Property.
Sale of the Property. To the extent permitted by applicable law, Grantor hereby waives any and all rights
to have the Property marshalled. In exercising its rights and remedies, the Trustee or Lender shall be free
to sell all or any part of the Property together or separately, in one sale or by separate sales. Lender shall
be entitled to bid at any public sale on all or any portion of the Property.
Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed
of Trust, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys'
fees at trial and upon any appeal. Whether or not any court action is involved, and to the extent not
prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time
for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness
payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid.
Expenses covered by this paragraph include, without limitation, however subject to any limits under
applicable law, Lender's reasonable attorneys' fees and Lender's legal expenses, whether or not there is a
lawsuit, including reasonable attorneys' fees and expenses for bankruptcy proceedings (including efforts to
modify or vacate any automatic stay or injunction), appeals, and any anticipated post -judgment collection
services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors'
reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by applicable
law. Grantor also will pay any court costs, in addition to all other sums provided by law.
Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section.
POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of
Trustee are part of this Deed of Trust:
Powers of Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shall have the
power to take the following actions with respect to the Property upon the written request of Lender and
Grantor: (a) join in preparing and filing a map or plat of the Real Property, including the dedication of
streets or other rights to the public; (b) join in granting any easement or creating any restriction on the
Real Property; and (c) join in any subordination or other agreement affecting this Deed of Trust or the
interest of Lender under this Deed of Trust.
Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the
rights and remedies set forth above, with respect to all or any part of the Property, the Trustee shall have
the right to foreclose by notice and sale, and Lender shall have the right to foreclose by judicial foreclosure,
in either case in accordance with and to the full extent provided by applicable law.
Trustee's Fees. The Trustee's commission shall be five percent (5%) of the gross proceeds of the sale for
a completed foreclosure. In the event foreclosure Is commenced, but not completed, Grantor shall pay all
expenses incurred by Trustee and partial commission computed on five percent (5%) of the outstanding
Indebtedness, according to the following schedule: one-fourth of the commission before Trustee issues a
notice of hearing on the right to foreclosure; one-half of the commission after issuance of notice of hearing;
three -fourths of the commission after a hearing; and the full commission after the initial sale.
Express Power to Substitute a Trustee. Lender shall have the Irrevocable right to remove at any time and
from time to time without limit the Trustee named in this Deed of Trust without notice or cause and to
appoint a successor by an instrument in writing, duly acknowledged, in such a form as to entitle such

DEED OF TRUST
(Continued)
Page 11
written instrument to be recorded in the State of North Carolina; and, in the event of the death or
resignation of the Trustee named in this Deed of Trust, Lender shall have the right to appoint a successor
by such written Instrument, and any Trustee so appointed shall be vested with the title to the Property, and
shall possess all the powers, duties and obligations herein conferred on the Trustee in the same manner
and to the same extent as though the successor trustee were named in this Deed of Trust as Trustee.
NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any notice of
default and any notice of sale shall be given in writing, and shall be effective when actually delivered, when
actually received by telefacsimilo (unless otherwise required by law), when deposited with a nationally
recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or
registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust.
Any party may change its address for notices under this Deed of Trust by giving formal written notice to the
other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes,
Grantor agrees to keep Lender informed at all times of Grantor's current address. Unless otherwise provided or
required by law, if there is more than one Grantor, any notice glvon by Lender to any Grantor is deemed to be
notice given to all Grantors.
MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire
understanding and agreement of the parties as to the matters set forth in this Deed of Trust. No alteration
of or amendment to this Deed of Trust shall be effective unless given in writing and signed by the party or
parties sought to be charged or bound by the alteration or amendment.
Annual Reports. If the Property is used for purposes other than Grantor's residence, Grantor shall furnish
to Lender, upon request, a certified statement of net operating income received from the Property during
Grantor's previous fiscal year in such form and detail as Lender shall require. "Net operating income" shall
mean all cash receipts from the Property less all cash expenditures made in connection with the operation
of the Property.
Caption Headings. Caption headings In this Deed of Trust are for convenience purposes only and are not to
be used to interpret or define the provisions of this Deed of Trust.
Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any other
interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without
the written consent of Lender.
Governing Law. This Dead of Trust will be governed by federal law applicable to Lender and, to the extent
not preempted by federal law, the laws of the State of North Carolina without regard to Its conflicts of law
provisions. This Deed of Trust has been accepted by Lender in the State of North Carolina.
No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Deed of Trust
unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in
exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a
provision of this Deed of Trust shall not prejudice or constitute a waiver of Lender's right otherwise to
demand strict compliance with that provision or any other provision of this Deed of Trust. No prior waiver
by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of
Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of
Lender is required under this Deed of Trust, the granting of such consent by Lender in any instance shall
not constitute continuing consent to subsequent instances where such consent is required and in all cases
such consent may be granted or withheld in the sole discretion of Lender.
Severability. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal,
invalid, or unenforceable as to any circumstance, that finding shall not make the offending provision illegal,
invalid, or unenforceable as to any other circumstance. If feasible, the offending provision shall be
considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so
modified, it shall be considered deleted from this Deed of Trust. Unless otherwise required by law, the

DEED OF TRUST
(Continued) Page 12
Illegality, invalidity, or unenforceability of any provision of this Dead of Trust shall not affect the legality,
validity or enforceability of any other provision of this Dead of Trust.
Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Grantor's
Interest, this Deed of Trust shall be binding upon and Inure to the benefit of the parties, their successors
and assigns. If ownership of the Property becomes vested In a person other than Grantor, Lender, without
notice to Grantor, may deal with Grantor's successors with reference to this Deed of Trust and the
Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this
Deed of Trust or liability under the Indebtedness.
Time Is of the Essence. Time Is of the essence In the performance of this Deed of Trust.
DEFINITIONS. The following capitalized words and terms shall have the following meanings when used In this
Deed of Trust. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts
In lawful money.of the United States of America. Words and terms used in the singular shall include the plural, .
and the plural shall include the singular, as the context may require. Words and terms not otherwise defined In
this Deed of Trust shall have the meanings attributed to such terms in the Uniform Commercial Code:
Beneficiary. The word "Beneficiary" means FIRST BANK , and Its successors and assigns.
Borrower. The word "Borrower" means NEW JACK PARTNERS, LLC and Includes all co-signers and
co -makers signing the Note and all thair successors and assigns.
Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Grantor, lender, and Trustee,
and includes without limitation all assignment and security Interest provislons relating to the Personal
Property and Rants.
Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes,
regulations and ordinances relating to the protection of human health or the environment, including without
limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as
amended, 42 U.S.C. Section 9601, at seq. ("CERCLN), the Superfund Amendments and Reauthorization
Act of 1986. Pub. L. No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C.
Section 1801, at seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, at seq., or
other applicable state or federal laws, rules, or regulations adopted pursuant thereto.
Event of Default. The words "Event of Default" mean any of the events of default set forth In this Deed of
Trust In the default section of this Dead of Trust.
Grantor. The word "Grantor" means NEW JACK PARTNERS, LLC.
Guarantor. The word "Guarantor" means any guarantor, surety, or accommodation party of any or all of
the Indebtedness.
Guaranty. The word "Guaranty" means the guaranty from Guarantor to Lender, Including without limitation
a guaranty of all or part of the Note.
Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their
quantity, concentration or physical, chemical or Infectious characteristics, may cause or pose a present or
potential hazard to human health or the environment when Improperly used, treated, stored, disposed of,
generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are used
In their very broadest sense and Include without limitation any and all hazardous or toxic substances,
materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous
Substances" also.includes, without limitation, petroleum and petroleum by-products or any fraction thereof
and asbestos.
Improvements, The word "Improvements" means all existing and future improvements, buildings,
structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other
construction on the Real Property.
Indebtedness. The word "Indebtedness" means all principal, Interest, and other amounts, costs and
J A N 2 S ;`O<'

DEED OF TRUST
(Continued) Page 13
expenses payable under the Note or Related Documents, together with all renewals of, extensions of,
modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts
expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Trustee or
Lender to enforce Grantor's obligations under this Deed of Trust, together with interest on such amounts
as provided In this Deed of Trust.
Lender. The word "Lender" means FIRST BANK , its successors and assigns.
Note. The word "Note" means the promissory note dated October 21, 2021, In the original principal
amount of $2,652,500.00 from Grantor to Lender, together with all renewals of, extensions of,
modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement.
Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of
personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real
Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for,
any of such property; and together with all proceeds (Including without limitation all insurance proceeds
and refunds of premiums) from any sale or other disposition of the Properly.
Property. The word "Property" means collectively the Real Property and the Personal Property
Real Property. The words "Real Property" mean the real property, interests and rights, as further described
in this Deed of Trust.
Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan
agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust,
security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now
or hereafter existing, executed in connection with the Indebtedness.
Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits,
and other benefits derived from the Property.
Trustee. The word "Trustee" means Kirsten E. Foyles, Esq., whose address is 340 Commerce Avenue, Ste
17B, Southern Pines, NO 28387 and any substitute or successor trustees.
GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND
GRANTOR AGREES TO ITS TERMS.
THIS DEED OF TRUST IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS DEED OF TRUST IS AND
SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW.
GRANTOR:
NEW JACK PARTNERS, L
By: r� (Seal)
NA CY K RIER, Managing Member of NEW JACK
PARTNERS, LLC

DEED OF TRUST
(Continued)
LIMITED LIABILITY COMPANY ACKNOWLEDGMENT
) SS
COUNTY OF / 16W i44 4-eV
Page 14
I, I-f-" Nevin S , a Notary Public for said County and State,
certify that NANCY K GRIER, Managing Member of NEW JACK PARTNERS, LLC personally came before me
this day and acknowledged the due execution of the foregoing Instrument in writing by himself or herself for
NEW JACK PARTNERS, LLC, a limited liability company, for the uses and purposes therein set forth.
Witness my hand and Notarial Seal this the 2.1 day of /l(ddb&G , 20—.
My Commission Expires:
Q�
( Affix Notarial Seal Here)
LaserPro. Ver. 20.4.10.019 Copr. Finastra USA Corporation 1997, 2021. All Rights Reserved. - NC
C:\CFI\LPL\GO1.FC TR-137481 PR-10
JAN 2 8 2022

__.�' I 1 C
BEING in the County of New Hanover and State of North Carolina, and
being described as follows:
Being those tracts located at 4601 and 4607 New Jack Road in
Wilmington, New Hanover County, NC having Tax Parcel ID Numbers
R07213-007-033-000 AND R07213-007-034-000; described in
instruments recorded in Book 439, Page 375 and in Book 439 at Page
376 in.the said New Hanover County Registry, as the same being more
particularly described as follows:
Tract One: BEGINNING at an iron pipe located at high water mark of
the western shore of Masonboro Sound, said pipe being the southeastern
comer of a tract of land heretofore conveyed by the said George W. Trask
and wife, to R.W. Montgomery and wife, by deed duly recorded in Book
418 at Page 327, in the office of the Register of Deeds of New Hanover
County, and running thence North 70 degrees 32 minutes West with the
said R. W. Montgomery's line 575.5 feet to an old post, Montgomery's
southwestern comer; thence South 19 degrees 55 minutes West along the
easterly line of a new road 210 feet to an iron pipe; thence South 70
degrees 34 minutes East 586.79 feet to an iron pipe at the high water
mark on the western shore of Masonboro Sound; thence North 16
degrees 50 minutes East with the general highwater mark and shore line
of Masonboro Sound a straight line distance of 209.85 feet to the
beginning. Containing 3 acres more or less.
TRACT TWO: BEGINNING at an iron pipe at the high water mark on
the western shore of Masonboro Sound, said iron pipe being located
South 16 degrees 50 minutes West 209.85 feet from another iron pipe
located at the southeastern comer of a tract of land conveyed by George
W. Trask and wife, Emma Trask to R.W. Montgomery and wife, by deed
recorded in Book 418, Page 327 in the office of the Register of Deeds
New Hanover County; and running thence North 70 degrees 34 minutes
West 586.79 feet to an iron pipe located in the eastern edge of a new road,
said iron pipe also being located South 19 degrees 55 minutes West 210
feet from the aforesaid RW. Montgomery's southwestern corner,
JAh 9. s;

running thence South 19 degrees 55 minutes 'West 210 feet to an iron
pipe in the eastern edge of the new road; thence South 68 degrees 59
minutes East 424.07 feet to a point in the center of the turn of a ditch
(Cameron's northwest comer); thence with the center of said ditch South
74 degrees 32 minutes East 218.6 feet to an iron pipe at the high water
mark of the western shore of Masonboro Sound; thence northwardly with
the general high water mark of the western shore of Masonboro Sound (a
straight line distance of North 4 degrees 56 minutes East 213.4 feet) to
the beginning. Containing 3 acres more or less.
JAN 2 8 2022

lo
/ / 1 C ? ) pn OFFER TO PURCHASE AND CONTRACT "PAAL
[Consult "Guidelines" (Form 2G) for guidance in completing this form]
- For valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, Buyer offers to purchase and Seller
Upon acceptance agrees to sell and convey the Property on the terms and conditions of this Offer To Purchase and Contract and any
addendum or modification made in accordance with its terms (together the "Contract").
I. TERMS AND DEFINITIONS: The terms listed below shall have the respective meaning given them as set forth adjacent to
each term.
(a) "Seller": New Jack Partners or Assigns
(b) "Buyer": Proper[v Company 3 LLC
(c) "Property": The Property shall include all that real estate described below together with all appurtenances thereto including
the improvements located thereon and the fixtures and personal property listed in Paragraphs 2 and 3 below.
NOTE: If the Property will include a manufactured (mobile) home(s), Buyer and Seller should consider including the
Manufactured (Mobile) Home provision in the Additional Provisions Addendum (Standard Form 2AI I-T) with this offer.
Street Address: 4601 New Jack Road Lot B i LOT A
City: Wilmington Zip:
County: New Hanover , North Carolina
R
28409
NOTE: Governmental authority over taxes, zoning, school districts, utilities and mail delivery may differ from address shown.
Legal Description: (Complete ALL applicable)
Plat Reference: Lot(Unit , Block/Section , Subdivision/Condominium
as shown on Plat Book/Slide at Page(s)
The PIN/PID or other identification number of the Property is:
Other description: Yei' SEE ATTACHED EXHIBIT A **-
Some or all of the Property may be described in Deed Book 9904 at Page 0191
(d) "Purchase Price":
SM paid in U.S. Dollars upon the following terms:
•N $ "0 BY DUE DILIGENCE FEE made payable and delivered to Seller by the Effectiveibate
by ❑ cash X personal check ❑ official bank check ❑ wire transfer
electronic transfer (speck payment service: _ )
5 YM $ 101CP0O BY INITIAL EARNEST MONEY DEPOSIT made payable and delivered to Escrow Agent
named in Paragraph I(f) by F1 cash © personal check official bank check wire
transfer, electronic transfer, EITHER by the Effective Date OR 'within five (5)
days of the Effective Date of this Contract.
$ BY (ADDITIONAL) EARNEST MONEY DEPOSIT made payable and delivered to Escrow
Agent named in Paragraph l(f) by cash, official bank check, wire transfer or electronic
transfer no later than 5 p.m. on -
TIME BEING OF THE ESSENCE by LJ cash I I official bank check LJ wire transfer
electronic transfer
$ BY ASSUMPTION of the unpaid principal balance and all obligations of Seller on the
existing loan(s) secured by a deed of trust on the Property in accordance with the attached
Loan Assumption Addendum (Standard Form 2A6-T).
S BY SELLER FINANCING in accordance with the attached Seller Financing Addendum
(Standard Form 2A5-T).
$ BY BUILDING DEPOSIT in accordance with the attached New Construction Addendum
-TN (Standard Form 2A3-T).
BALANCE of the Purchase Price in cash at Settlement (some or all gf which may be paid
with the proceeds of a new loan).
If the parties agree that Buyer will pay any fee or deposit described above by electronic transfer, Seller agrees to cooperate in effecting
such transfer, including the establishment of any necessary account and providing any necessary information to Buyer, provided,
however, Buyer shall be responsible for additional costs, if any, associated with such transfer.
Page 1 of 15
®This form Jointly approved by: STANDARD FORM 2-T
North Carolina Bar Association Q Revised 712021
Mom- North Carolina Association of REALTORS®, I w„e„ m 7/2021
Buyer's initials IVV\ Seller's initials
Inharonbl Raltr-Lumlor 1, 1900ra,Moad Rd its JB Miniadtoe NC 2e903 ��T'� P"ne: 910-509-1955 Far: "as New Jvk
Pzm Kenrin9 Produced wit zI,FO,m b,z1PL,1. 18070 FMee0 Mlle Road, Frazer, ld M,. a8026 w iclmiz rum

Should Buyer fail to deliver either the Due Diligence Fee or any Initial Earnest Money Deposit by their due dates, or should any
check or other funds paid by Buyer be dishonored, for any reason, by the institution upon which the payment is drawn, Buyer
shall have one (1) banking day after written notice to deliver cash, official bank check, wire transfer or electronic transfer to the
payee. In the event Buyer does not timely deliver the required funds, Seller shall have the right to terminate this Contract upon
written notice to Buyer, and Seller shall be entitled to recover the Due Diligence Fee together with all Earnest Money Deposit
paid or to be paid in the future. In addition, Seller may be entitled to recover reasonable attorney fees and court costs. See
paragraph 23 for a parry's right to attorneys' fees incurred in collecting the Earnest Money Deposit or Due Diligence Fee.
(e) "Earnest Money Deposit": The Initial Earnest Money Deposit, the Additional Earnest Money Deposit and any other earnest
monies paid or required to be paid in connection with this transaction, collectively the "Earnest Money Deposit", shall be
deposited promptly and held in escrow by Escrow Agent until Closing, at which time it will be credited to Buyer, or until this
Contract is otherwise terminated. In the event: (1) this offer is not accepted; or (2) a condition of any resulting contract is not
satisfied, then the Earnest Money Deposit shall be refunded to Buyer. See paragraph 23 for remedies in the event of breach of this
Contract.
(f) "Escrow Agent" (insert name): Jonathan Washburn Attorney
Buyer and Seller consent to disclosure by the Escrow Agent of any material facts pertaining to the Earnest Money Deposit to the
parties to this transaction, their real estate agent(s) and Buyers lender(s).
NOTE: In the event of a dispute between Seller and Buyer over the disposition of the Earnest Money Deposit held in escrow, a
licensed real estate broker ("Broker) is required by state law (and Escrow Agent, if not a Broker, hereby agrees) to retain the
Earnest Money Deposit in the Escrow Agent's trust or escrow account until Escrow Agent has obtained a written release from the
parties consenting to its disposition or until disbursement is ordered by a court of competent jurisdiction. Alternatively, if a Broker or
an attorney licensed to practice law in North Carolina ("Attorney") is holding the Earnest Money Deposit, the Broker or Attorney
may deposit the disputed monies with the appropriate clerk of court in accordance with the provisions of N.C.G.S. §93A-12.
THE PARTIES AGREE THAT AREAL !•;ETA 1 n 7rxutu;xrLtJn rtrcm n�, r u�u no nu.......• .,.,.... • •••�- • • .-• •�-- -----
EARNEST MONEY DEPOSIT IN AN INTEREST BEARING TRUST ACCOUNT AND THAT ANY INTEREST EARNED
THEREON SHALL BE DISBURSED TO THE ESCROW AGENT MONTHLY IN CONSIDERATION OF THE EXPENSES
INCURRED BY MAINTAINING SUCH ACCOUNT AND RECORDS ASSOCIATED THEREWITH.
(g) "Effective Date": The date that: (1) the last one of Buyer and Seller has signed or initialed this offer or the final
counteroffer, if any, and (2) such signing or initialing is communicated to the party making the offer or counteroffer, as the case
maybe. The parties acknowledge and agree that the initials lines at the bottom of each page of this Contract are merely evidence
Of their having reviewed the terms of each page, and that the complete execution of such initials lines shall not be a condition of
the effectiveness of this Agreement.
(h) "Due Diligence": Buyers opportunity to investigate the Property and the transaction contemplated by this Contract,
including but not necessarily limited to the matters described in Paragraph 4 below, to decide whether Buyer, in Buyer's sole
discretion, will proceed with or terminate the transaction.
(i) "Due Diligence Fee": A negotiated amount, if any, paid by Buyer to Seller with this Contract for Buyer's right to terminate
the Contract for any reason or no reason during the Due Diligence Period. It shall be the property of Seller upon the Effective
Date and shall be a credit to Buyer at Closing. The Due Diligence Fee shall be non-refundable except in the event of a material
breach of this Contract by Seller, or if this Contract is terminated under Paragraph 23(b) or as otherwise provided in any
addendum hereto. Buyer and Seller each expressly waive any right that they may have to deny the right to conduct Due Diligence
or to assert any defense as to the enforceability of this Contract based on the absence or alleged insufficiency of any Due
Diligence Fee, it being the intent of the parties to create a legally binding contract for the purchase and sale of the Property
without regard to the existence or amount of any Due Diligence Fee. See paragraph 23 for a parry's right to attorneys' fees
incurred in collecting the Due Diligence Fee.
Q) "Due Diligence Period": The period beginning on the Effective Date and extending through 5:00 p.m. on
I- nN days from Contract Execution .-SL/i/t TIME BEING OF THE ESSENCE.
(k) "Settlement": The proper execution and delivery to the closing attorney of all documents necessary to complete the
transaction contemplated by this Contract, including the deed, settlement statement, deed of trust and other loan or conveyance
documents, and the closing attorneys receipt of all funds necessary to complete such transaction.
(1) "Settlement Date": The parties agree that Settlement will take place on 0/15/22 M
(the "Settlement Date"), unless otherwise agreed in writing, at a time and place designated by Buyer.
Page 2 of 15 `m 2 3) 7lu
((( ��' STANDARD FORM 2-T
—�� f' Revised 7/2021
Buyer's initials ,Sfv\ Seller's initials �� 07/2021
PratluceO wlN tlpFpm®by ZpLoad laerO FMesn Mlle RoeO. F,assr, MiWaen 49028 www sip ^L �',5W 6401 New Jetiv

NOTE: See paragraph 12, DELAY IN SETTLEMENT/CLOSING for conditions under which Settlement may be delayed.
(m) "Closing": The completion of the legal process which results in the transfer of title to the Property from Seller to Buyer,
which includes the following steps: (1) the Settlement (defined above); (2) the completion of a satisfactory title update to the
Property following the Settlement; (3) the closing attorney's receipt of authorization to disburse all necessary funds; and (4)
recordation in the appropriate county registry of the deed(s) and deed(s) of trust, if any, which shall take place as soon as
reasonably possible for the closing attorney after Settlement. Upon Closing, the proceeds of sale shall be disbursed by the closing
attorney in accordance with the settlement statement and the provisions of Chapter 45A of the North Carolina General Statutes. If
the title update should reveal unexpected liens, encumbrances or other title defects, or if the closing attorney is not authorized to
disburse all necessary funds, then the Closing shall be suspended and the Settlement deemed delayed under Paragraph 12 (Delay
in Settlement/Closing).
The North Carolina State Bar has determined that the performance of most acts and services required for a closing
constitutes the practice of law and must be perforated only by an attorney licensed to practice law in North Carolina. State law
prohibits unlicensed individuals or firms from rendering legal services or advice. Although non-attomey settlement agents may
perform limited services in connection with a closing, they may not perform all the acts and services required to complete a
closing. A closing involves significant legal issues that should be handled by an attorney. Accordingly it is the position of the
North Carolina Bar Association and the North Carolina Association of REALTORSO that all buyers should hire an attorney
licensed in North Carolina to perform a closing.
(n) "Special Assessments": A charge against the Property by a governmental authority in addition to ad valorem taxes and
recurring governmental service fees levied with such taxes, or by an owners' association in addition to any regular assessment
(dues), either of which may be a lien against the Property.
NOTE: Buyer's and Seller's respective responsibilities for the payment of Special Assessments are addressed in paragraphs 6(a)
and 8(k).
2. FIXTURES AND EXCLUSIONS.
THE PARTIES SHOULD NOT ASSUME THAT AN ITEM WILL OR WILL NOT BE INCLUDED IN THE
SALE BASED ON AN ORAL OR WRITTEN STATEMENT OR UNDERSTANDING THAT IS NOT A PART OF THIS
CONTRACT. BUYER AND SELLER SHOULD BE SPECIFIC WHEN NEGOTIATING WHAT ITEMS WILL BE
INCLUDED OR EXCLUDED FROM THE SALE.
(a) Fixtures Are Included in Purchase Price: ALL EXISTING FIXTURES ARE INCLUDED IN THE SALE AS PART OF THE
PURCHASE PRICE, FREE OF LIENS, UNLESS EXCLUDED IN SUBPARAGRAPHS (d) OR (e).
[THIS SPACE INTENTIONALLY LEFT BLANK]
Page 3 of 15
Buyer's initials,,V(\ Seller's initials J
PrWu mu ziffon Ey nPLeglx 18070 FMaen M e a aq Fraser, Michigan 48026 zipLmix
STANDARD FORM 2-T
Revised 7/2021
©7/2021
6401 New Jaek

(b) Specified Items: Buyer and Seller agree that the following items, if present on the Property on the date of the offer, shall be
included in the sale as part of the Purchase Price free of liens, unless excluded in subparagraphs (d) or (e) below. ALL ITEMS
LISTED BELOW INCLUDE BOTH TRADITIONAL AND "SMART' VERSIONS AND ANY EXCLUSIVELY DEDICATED,
RELATED EQUIPMENT AND/OR REMOTE CONTROL DEVICES.
• Alarm and security systems (attached) for security, fire,
smoke, carbon monoxide or other toxins with all related
access codes, sensors, cameras, dedicated monitors, hard
drives, video recorders, power supplies and cables;
doorbellstchimes
• All stoves/ranges/ovens; built-in appliances; attached
microwave oven; vent hood
• Antennas; satellite dishes and receivers
• Basketball goals and play equipment (permanently attached
or in -ground)
• Ceiling and wall -attached fans; light fixtures (including
existing bulbs)
• Fireplace insert; gas logs or starters; attached fireplace
screens; wood or coal stoves
• Floor coverings (attached)
• Fuel tank(s) whether attached or buried and including any
contents that have not been used, removed or resold to the
fuel provider as of Settlement. NOTE; Sellers use, removal
or resale of fuel in any fuel tank is subject to Sellers
obligation under Paragraph 8(c) to provide working,
existing utilities through the earlier of Closing or
possession by Buyer. NOTE: State law provides that it is
unlawful for any person, other than the supplier or the
owner of a fuel supply tank, to disconnect, interrupt or fill
the supply tank with liquefied petroleum gas (LP gas or
propane) without the consent of the supplier.
• Garage door openers
• Generators that are permanently wired
• Invisible fencing with power supply
• Landscape and outdoor trees and plants (except in
moveable containers); raised garden; landscape and
foundation lighting; outdoor sound systems; permanent
irrigation systems; rain barrels; landscape water features;
address markets
• Mailboxes; mounted package and newspaper receptacles
• Mirrors attached to wells, ceilings, cabinets or doors; all
bathroom wall mirrors
• Storage shed; utility building
• Swimming pool (excluding inflatable); spa; hot rob
• Solar electric and solar water heating systems
• Sump -pumps, radon fans and crawl space ventilators; de-
humidifiers that are permanently wired
• Surface -mounting brackets for television and speakers;
recess -mounted speakers; mounted intercom system
• Thermostats
• Water supply equipment, including filters, conditioning and
softener systems; re -circulating pumps; well pumps and
tanks
• Window/Doorblinds and shades, curtain and drapery rods
and brackets, door and window screens and combination
doors, awnings and storm windows
(c) Unpalring/deleting data from devices: Prior to Closing, Seller shall "unpair' any devices that will convey from any personal
property devices (hubs, intelligent virtual assistants, mobile devices, vehicles, etc.) with which they are paired, delete personal data
from any devices that will convey, and restore all devices to factory default settings unless otherwise agreed. Sellers obligations under
this paragraph 2(e) shall survive Closing.
NOTE: ANY FIXTURE OR OTHER ITEM DESCRIBED IN SUBPARAGRAPHS (a) AND (b) THAT WILL NOT BE A
PART OF THE SALE SHOULD BE IDENTIFIED IN SUBPARAGRAPHS (d) OR (e), AS APPLICABLE.
(d) Items Leased or Not Owned: Any item which is leased or not owned by Seller, such as fuel tanks, antennas, satellite dishes and
receivers, appliances, and alarm and security systems must be identified here and shall not convey:
(e) Other Items That Do Not Convey: The following items shall not convey (identify those items to be excluded under
subparagraphs (a) and (b)): N/A
Seller shall repair any damage caused by removal of any items excepted above.
JAN 2 S '<."%'
Page 4 of 15
STANDARD FORM 2-T
Revised 7/2021
Buyers initials MA Sellers initials ear neel.,n ®7/2021
P,cenrotl wiN xgFmn• by tlptopi[ 18RD Fifteen MOaeF�Aa%m4m ri'AdY�P1.DN691a1

3. PERSONAL PROPERTY: The following personal property present on the Property on the date of the offer shall be transferred
to Buyer at closing at no value: N/A
NOTE: ANY PERSONAL PROPERTY THAT WILL BE A PART OF THE SALE SHOULD BE IDENTIFIED IN THIS
PARAGRAPH. Buyer is advised to consult with Buyer's lender to assure that the Personal Property items listed above can be
included in this Contract.
4. BUYER'S DUE DILIGENCE PROCESS:
BUYER IS STRONGLY ENCOURAGED TO CONDUCT DUE DILIGENCE DURING THE DUE DILIGENCE
PERIOD. If Buyer is not satisfied with the results or progress of Buyer's Due Diligence, Buyer should terminate this Contract,
PRIOR TO THE EXPIRATION OF THE DUE DILIGENCE PERIOD, unless Buyer can obtain a written extension from Seller.
SELLER IS NOT OBLIGATED TO GRANT AN EXTENSION. Although Buyer may continue to investigate the Property following
the expiration of the Due Diligence Period, Buyer's failure to deliver a Termination Notice to Seller prior to the expiration of the Due
Diligence Period will constitute a waiver by Buyer of any right to terminate this Contract based on any matter relating to Buyer's Due
Diligence. Provided however, following the Due Diligence Period, Buyer may still exercise a right to terminate if Seller fails to
materially comply with any of Senors obligations under Paragraph S of this Contract or for any other reason permitted under the terms
of this Contract or North Carolina law.
(a) Loan: Buyer, at Buyer's expense, shall be entitled to pursue qualification for and approval of the Loan if any.
NOTE: Buyer's obligation to purchase the Property is not contingent on obtaining a Loan. Therefore, Buyer is advised to consult with
Buyer's lender prior to signing this offer to assure that the Due Diligence Period allows sufficient time for the appraisal to be
completed and for Buyer's lender to provide Buyer sufficient information to decide whether to proceed with or terminate the
transaction.
(b) Property Investigation: Buyer or Buyers agents or representatives, at Buyer's expense, shall be entitled to conduct all
desired tests, surveys, appraisals, investigations, examinations and inspections of the Property as Buyer deems appropriate,
including but NOT limited to the following:
(i) Inspections: Inspections to determine the condition of any improvements on the Property, the presence of unusual
drainage conditions or evidence of excessive moisture adversely affecting any improvements on the Property, the presence of
asbestos or existing environmental contamination, evidence of wood -destroying insects or damage therefrom, and the
presence and level of radon gas on the Property.
(ii) Review of Documents: Review of the Declaration of Restrictive Covenants, Bylaws, Articles of Incorporation, Rules
and Regulations, and other governing documents of any applicable owners' association and/or subdivision. If the Property is
subject to regulation by an owners' association, it is recommended that Buyer review the completed Residential Property and
Owners' Association Disclosure Statement provided by Seller prior to signing this offer. It is also recommended that the
Buyer determine if the owners' association or its management company charges fees for providing information required by
Buyer's lender or confirming restrictive covenant compliance.
(iii) Insurance: Investigation of the availability and cost of insurance for the Property.
(iv) Appraisals: An appraisal of the Property.
(v) Survey: A survey to determine whether the property is suitable for Buyers intended use and the location of casements,
setbacks, property boundaries and other issues which may or may not constitute title defects,
(vi) Zoning and Governmental Regulation: Investigation of current or proposed zoning or other governmental regulation
that may affect Buyer's intended use of the Property, adjacent land uses, planned or proposed road construction, and school
attendance zones.
(vii) Flood Hazard: Investigation of potential flood hazards on the Property, and/or any requirement to purchase flood
insurance in order to obtain the Loan.
(viii) Utilities and Access: Availability, quality, and obligations for maintenance of utilities including water, sewer, electric,
gas, communication services, storm water management, and means of access to the Property and amenities.
(ix) Streets/Roads: Investigation of the status of the streettroad upon which the Property fronts as well as any other
street/road used to access the Property, including: (1) whether any street(s)/road(s) are public or private, (2) whether any
Page 5 of 15
SDODI RD CORM 2-T
Revised 712021
Buyer's initials Seller's initials © 7/2021
PmdooWd .0Fw*byrpINb, 1807DFMe bt RWd,Fre ,M0t1n46D26 6/61Nm Jah

streets)/road(s) designated as public are accepted for maintenance by the State of NC or any municipality, or (3) if private or
not accepted for public maintenance, the consequences and responsibility for maintenance and the existence, terms and
funding of any maintenance agreements.
(x) Special Assessments: Investigation of the existence of Special Assessments that may be under consideration by a
governmental authority or an owners' association.
(xi) Fuel Tank: Inspections to determine the existence, type and ownership of any fuel tank located on the Property.
NOTE: Buyer is advised to consult with the owner of any leased fuel tank regarding the terms under which Buyer may lease the tank
and obtain fuel.
(c) Sale/Lease of Existing Property: As noted in paragraph 5(b), unless otherwise provided in an addendum, this Contract is
not conditioned upon the sale/lease or closing of other property owned by Buyer. Therefore, if Buyer must sell or lease other real
property in order to qualify for a new loan or to otherwise complete the purchase of the Property, Buyer should seek to close on
Buyer's other properly prior to the end of the Due Diligence Period or be reasonably satisfied that closing on Buyer's other
property will take place prior to the Settlement Date of this Contract.
(d) Repair/Improvement Negotiations/Agreement: Buyer acknowledges and understands that unless the parties agree
otherwise, THE PROPERTY IS BEING SOLD IN ITS CURRENT CONDITION. Buyer and Seller acknowledge and understand
that they may, but are not required to, engage in negotiations for repairs/improvements to the Property. Buyer is advised to make
any repair/improvement requests in sufficient time to allow repair/improvement negotiations to be concluded prior to the
expiration of the Due Diligence Period. Any agreement that the parties may reach with respect to repairs/improvements shall be
considered an obligation of the parties and is an addition to this Contract and as such, must be in writing and signed by the parties
in accordance with Paragraph 19,
NOTE: See Paragraph 8(c), Access to Property and Paragraph 8(m), Negotiated Repairs/Improvements.
(e) Buyer's Obligation to Repair Damage: Buyer shall, at Buyer's expense, promptly repair any damage to the Property
resulting from any activities of Buyer and Buyer's agents and contractors, but Buyer shall not be responsible for any damage
caused by accepted practices either approved by the N.C. Home Inspector Licensure Board or applicable to any other N.C.
licensed professional performing reasonable appraisals, tests, surveys, examinations and inspections of the Property. This repair
obligation shall survive any termination of this Contract.
(t) Indemnity: Buyer will indemnify and hold Seller harmless from all loss, damage, claims, suits or costs, which shall arise out
of any contract, agreement, or injury to any person or property as a result of any activities of Buyer and Buyers agents and
contractors relating to the Property except for any loss, damage, claim, suit or cost arising out of pre-existing conditions of the
Property and/or out of Seller's negligence or willful acts or omissions. This indemnity shall survive this Contract and any
termination hereof.
(g) Buyer's Right to Terminate: Provided that Buyer has delivered any agreed -upon Due Diligence Fee, Buyer shall have the
right to terminate this Contract for any reason or no reason, by delivering to Seller written notice of termination (the "Termination
Notice") during the Due Diligence Period (or any agreed -upon written extension of the Due Diligence Period), TIME BEING OF
THE ESSENCE. If Buyer timely delivers the Termination Notice, this Contract shall be terminated and the Earnest Money
Deposit shall be refunded to Buyer.
(h) CLOSING SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY IN ITS THEN EXISTING CONDITION
UNLESS PROVISION IS OTHERWISE MADE IN WRITING.
5. BUYER REPRESENTATIONS:
(a) Funds to complete purchase:
❑X (Check ifapplicable) Cash. Buyer intends to pay cash in order to purchase the Property and does not intend to obtain a loan
or funds from sources other than Buyer's own assets. Verification of cash available for Settlement is ❑ is not ❑ attached.
NOTE: If Buyer does not intend to obtain a new loan(s) and/or funds from sources other than Buyers own assets, Seller is advised,
prior to signing this offer, to obtain documentation from Buyer which demonstrates that Buyer will be able to close on the Property
without the necessity of obtaining a loan or funds from sources other than Buyer's own assets.
OR:
(Check if applicable) Loan(s)/Other Funds: Buyer intends to obtain a loan(s) and/or other funds to purchase the Property
from the following sources (check all applicable sources):
Page 6 of 15 '
STANDARD FORM 2--T
Revised 7/2021
Seller's initials 07/2021
Buyer's initials 1M
Rvducedwi"PF0rm byilpLuplx i8070 Fllleen Mile oe ,Fr ser, n48028 .zinLM3 WBr Ne. LeY

❑ First Mortgage Loan:
Buyer intends to obtain a first mortgage loan of the following type in order to purchase the Property:
(attach FHA/VA Financing Addendum) ❑ Conventional ❑ USDA ❑ Other type:
❑ FHA ❑ VA
in the principal amount of plus any financed VA Funding Fee or FHA MIP.
❑ Second Mortgage Loan:
Buyer intends to obtain a second mortgage loan of the following type in order to purchase the Property:
I Other funds:
Buyer intends to obtain funds from the following other source(s) in order to purchase the Property:
NOTE: Buyer's obligations under this Contract are not conditioned upon obtaining any loan(s) or other funds from sources other
than Buyer's own assets. Some mortgage loan programs and other programs providing funds for the purchase of property selected
by Buyer may impose repair obligations and/or additional conditions or costs upon Seller or Buyer, and more information may be
needed.
Material changes with respect to funding the purchase of the Property that affect the terms of the contract are material facts that
must be disclosed.
(b) Other Property: Buyer ❑ DOES W DOES NOT have to sell or lease other real property in order to quality for a new Loan
or to complete the purchase. (Complete the following only if Buyer DOES have to sell or lease other real property:)
Other Property Address:
❑ (Check if applicable) Buyer's other property IS under contract as of the date of this offer, and a copy of the contract has either
been previously provided to Seller or accompanies this offer. (Buyer may mark out any confidential information, such as the
purchase price and the buyer's identity, prior to providing a copy of the contract to Seller.) Failure to provide a copy of the
contract shall not prevent this offer from becoming a binding contract; however, SELLER IS STRONGLY ENCOURAGED TO
OBTAIN AND REVIEW THE CONTRACT ON BUYER'S PROPERTY PRIOR TO ACCEPTING THIS OFFER.
❑ (Check if applicable) Buyer's other property IS NOT under contract as of the date of this offer. Buyer's property (check only
ONE of the following options):
s listed with and actively marketed by a licensed real estate broker.
will be listed with and actively marketed by a licensed real estate broker.
o.,..e. a., a«...,...:.,., m �eunense the Buver's Pronertv without the assistance of a licensed real estate broker.
NOTE: This Contract is NOT conditioned upon the sale/lease or closing of Buyer's other property. If the parties agree to make
this Contract conditioned on a sale/lease or closing of Buyer's other property, an appropriate contingency addendum should be
drafted by a North Carolina real estate attorney and added to this Contract.
(c) Performance of Buyer's Financial Obligations: to me oesr or Duyers rauwwugc, 1111,E o....... —.-•- ... ...... —___ --
conditions existing as of the date of this offer that would prohibit Buyer from performing Buyer's financial obligations in
accordance with this Contract, except as may be specifically set forth herein.
(d) Residential Property and Owners' Association Property Disclosure Statement (check only one):
Q Buyer has received a signed copy of the N.C. Residential Property and Owners' Association Disclosure Statement prior to the
signing of this offer.
❑ Buyer has NOT received a signed copy of the N.C. Residential Property and Owners' Association Disclosure Statement prior
to the signing of this offer and shall have the right to terminate or withdraw this Contract without penalty (including a refund
of any Due Diligence Fee) prior to WHICHEVER OF THE FOLLOWING EVENTS OCCURS FIRST: (1) the end of the
third calendar day following receipt of the Disclosure Statement; (2)the end of the third calendar day following the Effective
Date; or (3) Settlement or occupancy by Buyer in the case of a sale or exchange.
❑ Exempt from N.C. Residential Property and Owners' Association Disclosure Statement because (SEE GUIDELINES):
(e) Mineral and Oil and Gas Rights Mandatory Disclosure Statement (check only one):
❑X Buyer has received a signed copy of the N.C. Mineral and Oil and Gas Rights Mandatory Disclosure Statement prior to the
signing of this offer.
Page 7 of IS
STANDARD FORM 2-T
f1r�n Revised 7/2021
-
Buyer's initials "` Seller's initials --� 07/2021
Produced WM APFormb W tlgtog4 18NO FftsD Mlb ow, Frewr, M h$gen 4 28 � 1W mlS L= 61DI Vew Jrtk

❑ Buyer has NOT received a signed copy of the N.C. Mineral and Oil and Gas Rights Mandatory Disclosure Statement prior to
the signing of this offer and shall have the right to terminate or withdraw this Contract without penalty (including a refund of
any Due Diligence Fee) prior to WHICHEVER OF THE FOLLOWING EVENTS OCCURS FIRST: (1) the end of the third
calendar day following receipt of the Disclosure Statement; (2) the end of the third calendar day following the Effective
Date; or (3) Settlement or occupancy by Buyer in the case of a sale or exchange.
❑ Exempt from N.C. Mineral and Oil and Gas Rights Mandatory Disclosure Statement because (SEE GUIDELINES):
Buyer's receipt of a Mineral and Oil and Gas Rights Mandatory Disclosure Statement does not modify or limit the obligations of
Seller under Paragraph 8(g) of this Contract and shall not constitute the assumption or approval by Buyer of any severance of
mineral and/or oil and gas rights, except as may be, assumed or specifically approved by Buyer in writing.
NOTE: The parties are advised to consult with a NC attorney prior to signing this Contract if severance of mineral and/or oil and
gas rights has occurred or is intended.
6. BUYER OBLIGATIONS:
(a) Responsibility for Special Assessments: Buyer shall take title subject to all Special Assessments that may be approved
following Settlement.
(b) Responsibility for Certain Costs: Buyer shall be responsible for all costs with respect to:
(i) any loan obtained by Buyer, including charges by an owners association and/or management company as agent of an
owners' association for providing information required by Buyer's lender;
(ii) charges required by an owners' association declaration to be paid by Buyer for Buyer's future use and enjoyment of the
Property, including, without limitation, working capital contributions, membership fees, or charges for Buyer's use of the
common elements and/or services provided to Buyer, such as "move -in foes'
(iii) determining restrictive covenant compliance;
(iv) appraisal;
(v) title search;
(vi) title insurance;
(vii) any fees charged by the closing attorney for the preparation of the Closing Disclosure, Seller Disclosure and any other
settlement statement;
(viii) recording the deed; and
(ix) preparation and recording of all instruments required to secure the balance of the Purchase Price unpaid at Settlement.
(c) Authorization to Disclose Information: Buyer authorizes the Buyer's lender(s), the parties' real estate agent(s) and closing
attorney: (1) to provide this Contract to any appraiser employed by Buyer or by Buyer's lender(s); and (2) to release and disclose
any buyer's closing disclosure, settlement statement and/or disbursement summary, or any information therein, to the parties to
this transaction, their real estate agent(s) and Buyer's lender(s).
7. SELLER REPRESENTATIONS:
a Ownership: Seller represents that Seller:
has owned the Property for at least one year.
has owned the Property for less than one year.
X does not yet own the Property.
b Lead -Based Paint (check ijapplicable):
X The Property is residential and was built prior to 1978 (Attach Lead -Based Paint or Lead -Based Paint Hazards Disclosure
Addendum (Standard Form 2A9-T)).
(c) Owners' Association(s) and Dues: Seller authorizes and directs any owners' association, any management company of the
owners' association, any insurance company and any attorney who has previously represented the Seller to release to Buyer,
Buyer's agents, representative, closing attorney or lender true and accurate copies of the following items affecting the Property,
including any amendments:
• Seller's statement of account
• master insurance policy showing the coverage provided and the deductible amount
• Declaration and Restrictive Covenants
• Rules and Regulations
• Articles of Incorporation
• By laws of the owners' association
• current financial statement and budget of the owners' association
• parking restrictions and information
• architectural guidelines
Page 8 of 15
STANDARD FORM 2-T
,t /Lit Revised 712021
Buyer's initials-, • \ Seller's initials 0 7/2021
ftdmd with aipF0lm• by tlpLoph M73Faaan k ,MI&Jgan4 26 wwwif0Lwp ,= N01NewJaek

8.
❑ (specify name of association): N/A whose regular
assessments("dues") are $ per . The name, address and telephone number of the president
of the owners' association or the association manager is:
Owners' association website address, if any:
❑ (specify name of association): N/A whose regular
assessments ("dues') are $ per . The name, address and telephone number of the president
of the owners' association or the association manager is:
Owners' association website address, if any:
SELLER OBLIGATIONS:
(a) Evidence of Title, Payoff Statement(s) and Non Foreign Status:
(i) Seller agrees to use best efforts to provide to the closing attorney as soon as reasonably possible after the Effective Date,
copies of all title information in possession of or available to Seller, including but not limited to: title insurance policies,
attorney's opinions on title, surveys, covenants, deeds, notes and deeds of trust, leases, and easements relating to the Property.
(ii) Seller shall provide to the closing attorney all information needed to obtain a written payoff statement from any lender(s)
regarding any security interest in the Property as soon as reasonably possible after the Effective Date, and Seller designates
the closing attorney as Seller's agent with express authority to request and obtain on Seller's behalf payoff statements and/or
short -pay statements from any such lender(s).
(iii) If Seller is not a foreign person as defined by the Foreign Investment in Real Property Tax Act, Seller shall also provide
to the closing attorney a non -foreign status affidavit (pursuant to the Foreign Investment in Real Property Tax Act). In the
event Seller shall not provide a non -foreign status affidavit, Seller acknowledges that there may be withholding as provided
by the Internal Revenue Code.
(b) Authorization to Disclose Information: Seller authorizes: (1) any attorney presently or previously representing Seller to
release and disclose any title insurance policy in such attorney's file to Buyer and both Buyer's and Seller's agents and attorneys;
(2) the Property's title insurer or its agent to release and disclose all materials in the Property's title insurer's (or title insurers
agent's) file to Buyer and both Buyer's and Seller's agents and attorneys and (3) the closing attorney to release and disclose any
seller's closing disclosure, settlement statement and/or disbursement summary, or any information therein, to the parties to this
transaction, their real estate agent(s) and Buyer's lender(s).
(c) Access to Property: Seller shall provide reasonable access to the Property through the earlier of Closing or possession by
Buyer, including, but not limited to, allowing Buyer and/or Buyer's agents or representatives, an opportunity to (i) conduct Due
Diligence, (ii)verify the satisfactory completion of negotiated repairs/improvements, and (iii) conduct a final walk-through
inspection of the Property. Seller's obligation includes providing existing utilities operating at Seller's cost, including any
connections and de -winterizing.
NOTE: See WARNING in paragraph 4 above for limitation on Buyer's right to terminate this Contract as a result of Buyer's
continued investigation of the Property following the expiration of the Due Diligence Period.
(d) Removal of Seller's Property: Seller shall remove, by the date possession is made available to Buyer, all personal property
which is not a part of the purchase and all garbage and debris from the Property.
(e) Affidavit and Indemnification Agreement: Seller shall furnish at Settlement an affidavit(s) and indemnification
agreement(s) in form satisfactory to Buyer and Buyer's title insurer, if any, executed by Seller and any person or entity who has
performed or famished labor, services, materials or rental equipment to the Property within 120 days prior to the date of
Settlement and who may be entitled to claim a lien against the Property as described in N.C.G.S. §44A-8 verifying that each such
person or entity has been paid in full and agreeing to indemnify Buyer, Buyer's lender(s) and Buyer's title insurer against all loss
from any cause or claim arising therefrom.
(f) Designation of Lien Agent, Payment and Satisfaction of Liens: If required by N.C.G.S. §44A-11.1, Seller shall have
designated a Lien Agent, and Seller shall deliver to Buyer as soon as reasonably possible a copy of the appointment of Lien
Agent. All deeds of trust, deferred ad valorem taxes, liens and other charges against the Property, not assumed by Buyer, must be
paid and satisfied by Seller prior to or at Settlement such that cancellation may be promptly obtained following Closing. Seller
shall remain obligated to obtain any such cancellations following Closing. ' ; i;,
Page 9 of IS
STANDARD FORM 2-T
Revised 7/2021
Buyer's initials --WA Seller's initials (07/2021
Protlu AM ZlpFina@ by tlpLpplx 18070 M.. IN B. Fraaar. MMgan 48028 aMM'ApLwjx.,ID 6401 New Jeek

(g) Good Title, Legal Access: Seller shall execute and deliver a GENERAL WARRANTY DEED for the Property in recordable
form no later than Settlement, which shall convey fee simple marketable and insurable title, without exception for mechanics'
liens, and free of any other liens, encumbrances or defects, including those which would be revealed by a current and accurate
survey of the Property, except: ad valorem taxes for the current year(prorated through the date of Settlement); utility easements
and unviolated covenants, conditions or restrictions that do not materially affect the value of the Property; and such other liens,
encumbrances or defects as may be assumed or specifically approved by Buyer in writing. The Property must have legal access to
a public right of way.
NOTE: Buyer's failure to conduct a survey or examine title of the Property, prior to the expiration of the Due Diligence Period
does not relieve the Seller of their obligation to deliver good title under this paragraph.
NOTE: If any sale of the Property may be a "short sale," consideration should be given to attaching a Short Sale Addendum
Form2A 14-T) as an addendum to this Contract.
(h) Deed, Taxes and Fees: Seller shall pay for preparation of a deed and all other documents necessary to perform Seller's
obligations under this Contract, and for state and county excise taxes, and any deferred, discounted or rollback taxes, and local
conveyance fees required by law. The deed is to be made to: Property Company 3 LLC
(i) Agreement to Pay Buyer Expenses: Seller shall pay at Settlement $ zero toward any of Buyer's expenses
associated with the purchase of the Property, at the discretion of Buyer and/or lender, if any, including any FHA/VA lender and
inspection costs that Buyer is not permitted to pay.
NOTE: Parties should review the FHAfVA Addendum prior to entering an amount in Paragraph 8(i). Certain FHANA lender
and inspection costs CANNOT be paid by Buyer at Settlement and the amount of these should be included in the blank above.
0) Owners' Association Fees/Charges: Seller shall pay: (i) any fees required for confirming Seller's account payment
information on owners' association dues or assessments for payment or proration; (ii) any fees imposed by an owners' association
and/or a management company as agent of the owners' association in connection with the transaction contemplated by this
Contract other than those fees required to be paid by Buyer under paragraph 6(b) above; and (iii) fees incurred by Seller in
completing the Residential Property and Owners' Association Disclosure Statement, and resale or other certificates related to a
proposed sale of the Property.
(k) Payment of Special Assessments: Seller shall pay, in full at Settlement, all Special Assessments that are approved prior to
Settlement, whether payable in a lump sum or future installments, provided that the amount thereof can be reasonably determined
or estimated. The payment of such estimated amount shall be the final payment between the Parties.
(1) Late Listing Penalties: All property tax late listing penalties, if any, shall be paid by Seller.
(m) Negotiated RepairsAmprovements: Negotiated repairs/improvements shall be made in a good and workmanlike manner
and Buyer shall have the right to verify same prior to Settlement.
(n) Seller's Breach of Contract: See paragraph 23 for Buyer's remedies in the event of breach of this Contract.
9. PRORATIONS AND ADJUSTMENTS: Unless otherwise agreed, the following items shall be prorated, with Seller responsible
for the prorated amounts of any taxes and dues through the date of Settlement, and Seller entitled to the amount of prorated rents
through the date of Settlement, and either adjusted between the parties or paid at Settlement:
(a) Taxes on Real Property: Ad valorem taxes and recurring governmental service fees levied with such taxes on real property
shall be prorated on a calendar year basis;
(b) Taxes on Personal Property: Ad valorem taxes on personal property for the entire year shall be paid by Seller unless the
personal property is conveyed to Buyer, in which case, the personal property taxes shall be prorated on a calendar year basis;
(c) Rents: Rents, if any, for the Property;
(d) Dues: Owners' association regular assessments (dues) and other like charges.
10. HOME WARRANTY: Select one of the following:
BX No home warranty is to be provided by Seller.
Buyer may obtain a one-year home warranty at a cost not to exceed S
Seller agrees to pay for it at Settlement.
Page 10 of 15
Buyer's initials ZW\ Seller's initials _-- A�dl,.., Pro uc dwlNzipFon byziPLa lx IM70FItlB4niMpn4V26wwwzIoLwix.wEn
which includes sales tax and
STANDARD FORM 2-T
Revised 712021
© 7/2021
4001 New Juk

F] Seller has obtained and will provide a one-year home warranty from
at a cost of S which includes sales tax and will pay for it at Settlement.
NOTE: Home warranties typically have limitations on and conditions to coverage. Refer specific questions to the home warranty
11. RISK OF LOSS/CONDITION OF PROPERTY AT CLOSING: The risk of loss or damage by fire or other casualty prior to
Closing shall be upon Seller. Seller is advised not to cancel existing insurance on the Properly until after confirming recordation of the
deed.
Buyer's obligation to complete the transaction contemplated by this Contract shall be contingent upon the Property being in
substantially the same or better condition at Closing as on the date of this offer, reasonable wear and tear excepted. If the Property is
not in substantially the same or better condition at Closing as on the date of this offer, reasonable wear and tear excepted, Buyer may
terminate this Contract by written notice delivered to Seller and the Earnest Money Deposit shall be refunded to Buyer. If the Property
is not in such condition and Buyer does NOT elect to terminate this Contract, Buyer shall be entitled to receive, in addition to the
Properly, the proceeds of any insurance claim filed by Seller on account of any damage or destruction to the Property.
12. DELAY IN SETTLEMENT/CLOSING: This paragraph shall apply if one party is ready, willing and able to complete Settlement on
the Settlement Date ("Non -Delaying Party) but it is not possible for the other party to complete Settlement by the Settlement Date
("Delaying Party"). In such event, the Delaying Party shall be entitled to a delay in Settlement and shall give as much notice as possible to
the Non -Delaying Patty and closing attorney. If the Delaying Party fails to complete Settlement and Closing within seven (7) days of the
Settlement Date (including any amended Settlement Date agreed to in writing by the parties), then the Delaying Party shall be in breach and
the Non -Delaying Patty may terminate this Contract and shall be entitled to enforce any remedies available to such party under this Contract
for the breach.
13. POSSESSION: Possession, including all means of access to the Property (keys, codes including security codes, garage door
openers, electronic devices, etc.), shall be delivered upon Closing as defined in Paragraph 1(m) unless otherwise provided below:
A Buyer Possession Before Closing Agreement is attached (Standard Form 2A7-1)
A Seller Possession After Closing Agreement is attached (Standard Form 2A8-7)
Possession is subject to rights of tenant(s)
NOTE: Consider attaching Additional Provisions Addendum (Form 2A11-T) or Vacation Rental Addendum (Form 2A13-T)
14. ADDENDA: CHECK ALL STANDARD ADDENDA THAT MAY BE A PART OF THIS CONTRACT, IF ANY, AND
ATTACH HERETO. ITEMIZE ALL OTHER ADDENDA TO THIS CONTRACT, IF ANY, AND ATTACH HERETO.
Additional Provisions Addendum (Form 2A11-7) New Construction Addendum (Form 2A3-1)
Additional Signatures Addendum (Form 3-T) Owners' Association Disclosure Addendum
Back -Up Contract Addendum (Form 2A1-1) (Form 2Al2-1)
FHANA Financing Addendum (Form 2A4-7) Seller Financing Addendum (Form 2A5-1)
X Lead -Based Paint Or Lead-BasedFaim Hazard Addendum(Form 2A9-T) Short Sale Addendum (Form 2A14-7)
Loan Assumption Addendum (Form 2A6.1) Vacation Rental Addendum (Form 2A13-T)
QX Identify other attorney or party drafted addenda:SEE ATTACHED "EXHIBIT#' A -
NOTE: UNDER NORTH CAROLINA LAW, REAL ESTATE BROKERS ARE NOT PERMITTED TO DRAFT ADDENDA TO
THIS CONTRACT.
I5. ASSIGNMENTS: This Contract may not be assigned without the written consent of all parties except in connection with a tax -
deferred exchange, but if assigned by agreement, then this Contract shall be binding on the assignee and assignee's heirs and
successors.
16. TAX -DEFERRED EXCHANGE: In the event Buyer or Seller desires to effect a tax -deferred exchange in connection with the
conveyance of the Property, Buyer and Seller agree to cooperate in effecting such exchange; provided, however, that the exchanging
party shall be responsible for all additional costs associated with such exchange, and provided further, that a non -exchanging party
shall not assume any additional liability with respect to such tax -deferred exchange. Buyer and Seller shall execute such additional
documents, including assignment of this Contract in connection therewith, at no cost to the non -exchanging party, as,J ftll'pdyegyired
to give effect to this provision.
Page I 1 of 15
STANDARD FORM 2-T
ram_] Revised 7/2021
Buyer's initials •TM Sellers initials ® 7/2021
PmduadwHh LpFum,®byflpLnah 19070F1Rw M9*Pmd,Finar PAch%=45V8 www,i&Wram 6401Newduk

17. PARTIES: This Contract shall be binding upon and shall inure to the benefit of Buyer and Seller and their respective heirs,
successors and assigns. As used herein, words in the singular include the plural and the masculine includes the feminine and neuter
genders, as appropriate.
18. SURVIVAL: If any provision herein contained which by its nature and effect is required to be observed, kept or performed after
the Closing, it shall survive the Closing and remain binding upon and for the benefit of the parties hereto until fully observed, kept or
performed.
19. ENTIRE AGREEMENT: This Contract contains the entire agreement of the parties and there are no representations,
inducements or other provisions other than those expressed herein. All changes, additions or deletions hereto must be in writing and
signed by all parties. Nothing contained herein shall alter any agreement between a REALTORV or broker and Seller or Buyer as
contained in any listing agreement, buyer agency agreement, or any other agency agreement between them.
20. CONDUCT OF TRANSACTION: The parties agree that any action between them relating to the transaction contemplated by
this Contract may be conducted by electronic means, including the signing of this Contract by one or more of them and any notice or
communication given in connection with this Contract. Any written notice or communication may be transmitted to any mailing
address, e-mail address or fax number set forth in the "Notice Information" section below. Any notice or communication to be given
to a party herein, and any fee, deposit or other payment to be delivered to a party herein, may be given to the party or to such parry's
agent. Delivery of any notice to a party via means of electronic transmission shall be deemed complete at such time as the sender
performs the final act to send such transmission, in a form capable of being processed by the receiving parry's system, to any
electronic address provided for such party in the "Notice Information" section below. Seller and Buyer agree that the "Notice
Information" and "Acknowledgment of Receipt of Monies" sections below shall not constitute a material part of this Contract, and
that the addition or modification of any information therein shalt not constitute a rejection of an offer or the creation of a counteroffer.
21. EXECUTION: This Contract may be signed in multiple originals or counterparts, all of which together constitute one and the
same instrument.
22. COMPUTATION OF DAYS/TIME OF DAY: Unless otherwise provided, for purposes of this Contract, the term "days" shall
mean consecutive calendar days, including Saturdays, Sundays, and holidays, whether federal, state, local or religious. For the
purposes of calculating days, the count of "days" shall begin on the day following the day upon which any act or notice as provided in
this Contract was required to be performed or made. Any reference to a date or time of day shall refer to the date and/or time of day in
the State of North Carolina.
23. REMEDIES:
(a) Breach by Buyer: In the event of material breach of this Contract by Buyer, Seller shall be entitled to any Earnest Money
Deposit. The payment of any Eamest Money Deposit and any Due Diligence Fee to Seller (without regard to their respective
amounts, including zero) together shall serve as liquidated damages ("Liquidated Damages") and as Seller's sole and exclusive
remedy for such breach, but without limiting Sellers rights under Paragraphs 4(e) and 4(f) for damage to the Property. It is
acknowledged by the parties that the amount of the Liquidated Damages is compensatory and not punitive, such amount being a
reasonable estimation of the actual loss that Seller would incur as a result of a breach of this Contract by Buyer. The payment to
Seller of the Liquidated Damages shall not constitute a penalty or forfeiture but actual compensation for Sellers anticipated loss,
both parties acknowledging the difficulty of determining Sellers actual damages for such breach.
(b) Breach by Seller: In the event of material breach of this Contract by Seller, if Buyer elects to terminate this Contract as a
result of such breach, Buyer shall be entitled to return of both the Eamest Money Deposit and the Due Diligence Fee, together
with the reasonable costs actually incurred by Buyer in connection with Buyers Due Diligence ("Due Diligence Costs'. This
provision shall not affect any other remedies available to Buyer.
(c) Attorneys' Fees: If legal proceedings are brought by Buyer or Seller against the other to collect the Barest Money Deposit,
Due Diligence Fee, or Due Diligence Costs, the parties agree that a party shall be entitled to recover reasonable attorneys' fees to
the extent permitted under N.C. Gen. Stat. § 6-21.2. The parties acknowledge and agree that the terms of this Contract with
respect to entitlement to the Earnest Money Deposit, Due Diligence Fee, or Due Diligence Costs each constitute an "evidence of
indebtedness" pursuant to N.C. Gen. Stat. § 6-21.2.
NOTE: A party seeking recovery of attorneys' fees under N.C. Gen. Stat. § 6.21.2 must first give written notice to the other party
that they have five (5) days from the mailing of the notice to pay the outstanding amounts) without the attorneys' fees.
Page 12 of 15
JA; STANDARD FORM 2-T
Revised 7/2021
Buyers initials Sellers initials LIA_ © 712021
PwdmdwMzgFom*by BPLwb(18070FIft"ee Mrea ,P;aw M1dd2w48008 6401WwJeek

THE NORTH CAROLINA ASSOCIATION OF REALTORSO, INC. AND THE NORTH CAROLINA BAR ASSOCIATION
MAKE NO REPRESENTATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FORM IN
ANY SPECIFIC TRANSACTION. IF YOU DO NOT UNDERSTAND THIS FORM OR FEEL THAT IT DOES NOT PROVIDE
FOR YOUR LEGAL NEEDS, YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOU
SIGN IT.
This offer shall become a binding contract on the Effective Date. Unless specifically provided otherwise, Buyers failure to timely
deliver any fee, deposit or other payment provided for herein shall not prevent this offer from becoming a binding contract, provided
that any such failure shall give Seller certain rights to terminate the contract as described herein or as otherwise permitted by law.
Date: Date:
Buyer Seller
Date: Date:
Buyer Seller
Entity Buyer: Entity Seller:
Property Company 3 LLC New Jack Partners LLC or Assigns
(Name pfLLC/Corporation/Partnecship/l)ust/ete.) emeofLLC/Ce oration/Parhtersbiprfust/ete.)
By: ZgA^- . M f it,-vvcac� By: `'
Name: James McCormick Name: /`r
Title:
Print Name Title: Print Name
Date: 4414
cy rTi thq/22- Date:A4AWy/ /# /, 2j-'
WIRE FRAUD WARNING
TO BUYERS: BEFORE SENDING ANY WIRE, YOU SHOULD CALL THE CLOSING ATfORNEY'S OFFICE TO VERIFY THE
INSTRUCTIONS. IF YOU RECEIVE WIRING INSTRUCTIONS FOR A DIFFERENT BANK, BRANCH LOCATION,
ACCOUNT NAME OR ACCOUNT NUMBER, THEY SHOULD BE PRESUMED FRAUDULENT. DO NOT SEND ANY FUNDS
AND CONTACT THE CLOSING ATTORNEY'S OFFICE IMMEDIATELY.
TO SELLERS: IF YOUR PROCEEDS WILL BE WIRED, IT IS RECOMMENDED THAT YOU PROVIDE WIRING
INSTRUCTIONS AT CLOSING IN WRITING IN THE PRESENCE OF THE ATTORNEY. IF YOU ARE UNABLE TO ATTEND
CLOSING, YOU MAY BE REQUIRED TO SEND AN ORIGINAL NOTARIZED DIRECTIVE TO THE CLOSING ATTORNEYS
OFFICE CONTAINING THE WIRINO INSTRUCTIONS. THIS MAY BE SENT WITH THE DEED, LIEN WAIVER AND TAX
FORMS IF THOSE DOCUMENTS ARE BEING PREPARED FOR YOU BY THE CLOSING ATTORNEY. AT A MINIMUM,
YOU SHOULD CALL THE CLOSING ATTORNEY'S OFFICE TO PROVIDE THE WIRE INSTRUCTIONS. THE WIRE
INSTRUCTIONS SHOULD BE VERIFIED OVER THE TELEPHONE VIA A CALL TO YOU INITIATED BY THE CLOSING
ATTORNEY'S OFFICE TO ENSURE THAT THEY ARE NOT FROM A FRAUDULENT SOURCE.
WHETHER YOU ARE A BUYER OR A SELLER, YOU SHOULD CALL THE CLOSING ATTORNEY'S OFFICE AT A
NUMBER THAT IS INDEPENDENTLY OBTAINED. TO ENSURE THAT YOUR CONTACT IS LEGITIMATE, YOU SHOULD
NOT RELY ON A PHONE NUMBER IN AN EMAIL FROM THE CLOSING ATTORNEY'S OFFICE, YOUR REAL ESTATE
AGENT OR ANYONE ELSE.
Page 13 of 15
JA N 9 :`: STANDARD FORM 2-T
Revised V2021
® 7/2021
PMdmd withrJpFwrn9by2JPLagk 1807DF1ftMm?M&RND,Fr Nr fAchgm48M —ioL,k 6441N.J,ek

NOTICE INFORMATION
NOTE: INSERT AT LEAST ONE ADDRESS AND/OR ELECTRONIC DELIVERY ADDRESS EACH PARTY AND AGENT
APPROVES FOR THE RECEIPT OF ANY NOTICE CONTEMPLATED BY THIS CONTRACT. INSERT "N/A" FOR ANY
WHICH ARE NOT APPROVED.
BUYER NOTICE ADDRESS:
ailing Address: ' �5 k 1jilEVOLW I LL�1_A
1LYnibLClZr'►� Q C Z 8iyY "1
Buyer Fax#:
SELLER NOTICE ADDRESS:
Mailin [dress: aol /;.d^
Seller Fax#:
Seller E-mail:
CONFIRMATION OF AGENCY/NOTICE ADDRESSES
Selling Firm Name:
Acting as ❑ Buyers Agent Sellees(sub)Agenl Dual Agent
Finn License #:
Mailing Address:
Individual Selling Agent:
❑ Acting as a Designated Dual Agent (check only if applicable)
Selling Agent License #:
Selling Agent Phone#:
Selling Agent Fax#:
Selling Agent E-mail:
Listing Firm Name:
Acting as ❑ Seller's Agent Dual Agent
Firm License #:
Mailing Address:
Individual Listing Agent:
❑ Acting as a Designated Dual Agent (check only if applicable)
Listing Agent License #:
Listing Agent Phone#:
Listing Agent Fax#:
Listing Agent E-mail:
[THIS SPACE INTENTIONALLY LEFT BLANK]
Page 14 of 15
STANDARD FORM 2-T
Revised 7/2021
Buyer's initials�slv\ _ Seller's initials © 7/2021
PmduuEvA w,F=ObyyPLO& tasteFft,n MlWR .FSNf.MIpJpanQM MWL&LQW+ W1 New J.k

Seller:
ACKNOWLEDGMENT OF RECEIPT OF MONIES
&Ck— ?f00e-X4j,P_S
("Seller")
Buyer: 39Gli`R-fY QUl'Yt p&A/ °I --, LAC ('Buyer")
Property Address: 4601 New Jack Road Lot B Wilmington, NC 28409 ("Property")
---- CrGU-tr x-------------------------------------- -----------------------------------
❑iISTING*GENT-ACKNOWLEDGMENT OF RECEIPT O DILIGENCE FEE
Paragraph 1(d) of the Offer to Purchase and
to Seller of a Due Diligence Fee in the amou
Date:
Buyer and Seller for the sale of the Property pr'idtfs for the
receipt of which st �tffiereby acknou
Firm:
By:
---------------------------------------------- -------------------------------------------
❑ SELLER ACKNOWLEDGMENT OF RECEIPT OF DUE DILIGENCE FEE
Paragraph l(d) of the Offer to Purchase and Contract between Buyer and Seller for the sale of the Property provides for the payment
to Seller of a Due Diligencefee in t e amount of $ i.$,eetreg 20, c oo.'O , receipt oof1 which Seller hereb eclmowledgg�es. y
Date: _ Seller: / t Aw � / /
Date: Seller:
(Signature)
-------------------------------------------------------------------------------------------
❑ ESCROW AGENT ACKNOWLEDGMENT OF RECEIPT OF INITIAL EARNEST MONEY DEPOSIT
Paragraph l(d) of the Offer to Purchase and Contract between Buyer and Seller for the sale of the Properly provides for the payment
to Escrow Agent of an Initial Bamest Money Deposit in the amount of $ 5,000.00 . Escrow Agent as identified in
Paragraph l(f) of the Offer to Purchase and Contract hereby acknowledges receipt of the Initial Earnest Money Deposit and agrees to
hold and disburse the same in accordance with the terms of the Offer to Purchase and Contract.
Date: Firm: Jonathan Washburn, Attorney
By:
(signature)
(Print name)
-------------------------------------------------------------------------------------------
❑ ESCROW AGENT ACKNOWLEDGMENT OF RECEIPT OF (ADDITIONAL) EARNEST MONEY DEPOSIT
Paragraph l(d) of the Offer to Purchase and Contract between Buyer and Seller for the sale of the Property provides for the payment
to Escrow Agent of an (Additional) Earnest Money Deposit in the amount of $ . Escrow Agent as identified
in Paragraph 1(f) of the Offer to Purchase and Contract hereby acknowledges receipt of the (Additional) Earnest Money Deposit and
agrees to hold and disburse the same in accordance with the terms of the Offer to Purchase and Contract.
Date: Firm: Jonathan Washburn, Attorney
Time: ❑ A.M. ❑ P.M. By:
(Print name)
Page 15 of 15 JAN 2 B :;
STANDARD FORM 2-T
Revised 7/2021
® 7/2021
ProWmd Ah NpF=* by OpLogk 18070 FftM AWe Road Fm , Midigen 4BM NBt Nw Lc4

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
April 20, 2022
MEMORANDUM
NORTH CAROLINA
Envlronmentaf QuaBty
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEO - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
cameron.luck(a)NCDENR.gov
SUBJECT: CAMA
Applicant: New Jack Partners, LLC
Project Location: 460114607 New Jack Rd., adj. to Masonboro Sound, Wilmington, New Hanover
County
Proposed Project: The applicant proposes to create a community docking facility to accommodate
up to five (5) vessels in Masonboro Sound.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by May 16, 2022. If you have any questions
regarding the proposed project, contact Bryan Hall at [phone] when appropriate, in-depth
comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"*Additional comments may be attached"
This agency has no comment on the proposed project.
PRINT NAME
AGENCY
SIGNATURE
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.
DATE
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215

NC Division of Coastal Management
Major Permit Application Computer Sheet
AEC L5L-o/'pTAI Grp r G9R W
Fee: $ Z'So # /S2�
CDAITS MHC cc
Applicant: N36L 7 C
Agent/Contractor:
r
Project Site County: �Gw
Staff: �tr�Ft^
LL
District: Wilmington
Project Name:
Rover File: We
River Basin: L'ZaV_
Initial date of application submittal:
Date application "received as complete" in the Field office: I (
ZZ
Permit Authorization: 7CAMA ❑ Dredge & Fill ❑Bath
SITE DESCRIPTION/PERMIT INFORMATION
ORW: VYes ❑No PNA: Yes No
Photos Taken: Ybs No
Setback Required (riparian): ❑Yes 7NO
Critical Habitat: UYes No Q5NotSure
15 foot waiver obtained: es ❑No
Hazard Notification Returned:
t,�b-r*{ p rK ao0u-
[]Yes j gNo
SAV: ❑Yes MNo ❑Not Sure
Shell Bottom: ❑Yes 09No ❑ Not
Temporary Impacts: ❑Yes Mc,
Sure
Sandbags: ❑Yes No ❑ Not Sure
Did the land use classification.come
Mitigation Required (optional):
from county LUP:19Yes ❑No
[]Yes %o
Moratorium Conditions:
Environmental Assessment Done:
Length of Shoreline:
[]Yes T�No ❑NA
❑Yes PNo ❑NA
• 1 46 FT
Shellfish Area Designation:
Project Description: (code)
Development Area: (code)
Open -or- ose
SECONDARY WATER CLASSIFICATION - OPTIONAL (choose MAX of 4)
❑ Future Water Supply (FWS) El 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)
(CJ) Saw grass (Cladium jamaicense)
(SA) Salt marsh cordgrass (Spartina
❑ (SY) Sall reed grass (Spartina
Iterniflora)
cynosuroides)
❑ (DS) Salt or spike grass (Distichlis
❑ (SC) Bullrush or three square (Scirpus
(TY) Cattail (Typha sp.)
spicata)
sp.)
119 (JR) Black needlerush (Juncos
EJ (SP) Salt/meadow grass (Spartina
roemerianus)
patens)
APPLICATION FEE
❑ No fee required - $0.00
❑ III(A) Private wi D&F up to 1 acre; 3490
❑ III(D) Priv. public or comm w/ D&F to 1
can be applied - $250
acre; 4144 can't be applied - $400
❑ Minor Modification to a CAMA Major
❑ Major Modification to a CAMA Major
0 IV Any development involving D&F of
permit - $100
permit - $250
more than 1 acre - $475
❑ Permit Transfer - $100
❑ III(B) Public or commercial w/ D&F to 1
El Express Permit - $2000
acre; 4144 can be applied - $400
❑ Major development extension request -
❑ It. Public or commerciallno dredge
$100
and/or fill - $400
YK Private no dredge and/or fill - $250
❑ III(C) Priv. public or comm w /D&F to 1
acre; 4144 can be applied; DCM needs
DWQ agreement - $400

Applicant t Vn-'3
Date.
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
P41
NewWoFK%
Replace
r
l L
Pd-f4•rO
f
•�
Ma t❑
❑Y j9N
1
•
New Work
Replace
I
f
(�
Maint ❑
❑ Y kdN
Z
New Work rp
Maint ❑
Replace
❑ Y Q.N
(
f
S
New Work
Replace
Y
�"1 3
8
Maint ❑
❑ N N
r
0
New Work TV
Maint ❑
Replace
❑ Y )fN�
r
1
L-
, )
�—Fl
M� ❑ k
❑ YReplece N
I�
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work El
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.
Dislurbence
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
I A
temp impacts)
impact amount)
temp impacts)
amount
Dredge ❑ Fill ❑ Both ❑ Other �
Lt
. Z
Dredge ❑ Fill ❑ Both ❑ d her
j2,
I f '"I
���1�
" tf `l•
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
919.733.2293 :: 1.888.4RCOAST :: www.nccoastalmanaaement.net revised: 02/28118

Major Permit Fee Schedule
Project Name: NettfieL County: I vn
z5a
Check No &Amount:
DCM %
DWQ %
ment Type
143510009316256253)
(2430016024351000952341)
mercial Oevelopm nvolve
F
the filling or
250100%($250)
0%($0)
anywetlandsorter
areas:
II. Public or commercial development that
does not involve the filling or excavation
$400
100% ($400)
0% ($0)
of any wetlands or open water areas:
III. For development that involves the
filling and/or excavation of up to i acre
of wetlands end/or open water areas,
determine if A,B, C, or D below applies:
III(A). Private, non-commercial
development, if General Water Quality
$250
100% ($250)
0% ($0)
Certification No 4175 can be applied:
III(B). Public or commercial development,
if General Water Quality Certification
$400
100% ($400)
0% ($0)
No. 4175 can be applied.
III(C). If General Water Quality
Certification No. 4175 could be applied,
but DCM staff determined that additional
$400
60% ($240)
40% ($160)
review and written DWQ concurrence is
needed because of concerns related to
water quality or aquatic life:
III(D). If General Water Quality
$400
60% ($240)
40% ($16D)
Certification No. 4175 cannot be applied:
IV. Development that involves the filling
and/or excavation of more than one acre
$475
60% ($285)
40% ($190)
of wetlands and/or open water areas:
rDZ;s

Date
Date
Check From
Name of
Vendor
Check
Check
Permit
Rd. #
Received
Deposited
Permit Holder
Number
amount
Number/Comments
4/20/2022
New lack Partners
same
First Bank
1523
$250.00
major fee, 4601/4607 New Jack
BH rct.
LLC
Rd, Wilmington NHCo NO Split
17556

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NEW JACK PARTNERS
D.B. 6505. P. 533
ARE. LP.k NHYL
W193 SD.R.
1.979 ACRES
DEEDED AREA
1 2S
2828 ACRES
160
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ACTUAL RU0 SURVEI' DATE: 10/05/2D21
4607 & 4607 NEW JACK ROAD, D.B. 6505, P. 533
xaxl wr WADR"0
MAPPING DAIS: 03/21/20U
'
MASONBORO TOWNSHIP, NEW HANOVER COUNTY, NORTH CAROLINA
REID BOOK 1219 PAGE: 1
NEW JACK PARTNERS, L-C. OWNER; D.B. 6505. P. 533
ee w er 1x[ wcA Awmlcra+
PROJECT NUMBER, 21-0B-05 J1c
4601 & 4607 NEW JACK ROAD
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OOR ,yGy.�A MAPPING DATE: 1219 2022
rAlml rnml ,qw x,wmm MASONBORO TOWNSHIP, NEW HANOVER COUNTY, NORTH CAROLINA DE1D BOOK: 1219 PAGE: 1
NEW JACK PARTNERS, LLC, OWNER; O.B. 6505, P. 533 PROJECT NUMBER: 21-aB-05 JTG \
4601 & 4607 NEW JACK ROAD SHEET_3 OF 6

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PROPOSED DOG( ELEVATON
i
i
Y
Y
i
i
PROPOSED DOCK PLAN BY: MICHAEL ROSS KERSTING. AIA-FOUNDER
LOCATED AT THE SWITCHYARD
4022 MARKET STREET. SUITE 201
WILMINGTON, NO 28403
WWW.KERSTINGARCHITECTURE.COM
910.763.1348
DOCK PLAN CONVERTED FROM ARCHITECTURAL SCALE TO
ENGINEERING SCALE BY CHARLES F. RIGGS & ASSOCIATES. INC.
GILIMNlAPYPLKi
NOiFGI?&ECO.�Arn
ONVEYANCES GR SALES
MARSH WATER
i
6•
24' m
O
O
24' m
m
2C
ATER
23'
� RAILING
m �
PROPOSED DOCK PLAN
FOR
NEW JACK PARTNERS, LLC
4601 & 4607 NEW JACK ROAD, D.B. 6505. P. 533
MASONBORO TOWNSHIP, NEW HANOVER COUNTY, NORTH CAROUNA
NEW JACK PARTNERS, LLC, OWNER: D.B. 6505, P. 533
4601 & 4607 NEW JACK ROAD
1D' _
s• —
o' -
-s' —
-10' -
WEAN SEA LEVEL
NEW BXED WOOD 6 FT. WIDE DOCK W/ ROW THRU DEMING
NEW 18' X 16' SITTNG AREA W/ 20' X 26 ROOF
4' X 16' AWMINUM GANGWAY
8' X 31' FLOALNG-ON/O%F LOADING DOCK
6' X 24' F1 WA AY
1%000 LB. ELECTRIC BOAT UFT
FIBERGLASS DOCK BOX
POWER PEDESTAL
1-91 PUNT OF URUTY DEUVERY
1 0 PILINGS PER CONTRACTOR (SZE & SPACING)
11 KAYAK LAUNCH SUP
4607 NEW JAM RD.
W MINGTON. NO 28405
OWNER: NEW JACK ROAD PARTNERS
DATE 12/20/2021
GRAPHIC SCALE
(nXm)
1 min -Don
PROJECT NUMBER: 21-08-05 JIC
SHEET 5 OF 6

1, CHARL_ES FRANCjs RI IGGS. PROFESSIONAL LAND
SURVEYOR, DO HEREBY CERTIFY THAT I HAVE
SURVEYED THE PROPERTY AS SHOWN HEREON IN
ACCORDANCE WITH THE STANDARDS OF PRACTICE
FOR LANDS VEYII 'll 'Not CAROUNA, THAT '42; x y
THE RA "e ..=CrIJLATED BY 10'- +, AMSL-'jt—
E '-
5
-
TITIJ S A Rix9
/ WATER LINE
O'-
LA (
Il L L 0 tt F u ll u ll 5 v -5t- W d r 11 Lt a _ ot—
MEAN SEA LEVEL MARSH WATER - Z$ EXISTING '`�\ MEAN SEA LEVEL
f
Ar
+
APPROXIMATE-, LOCATION OF f
/ .- + EXISTING ADJOINER'S APPARENT��
THIS IS TO CERTIFY THAT THE SUBJECT PROPERTY IS LOCATED �. 4 BOAT SLIP DOCK,
IN FLOOD ZONE *X" WHICH IS NOT A SPECIAL FLOOD °' �2.9 _ `` -.. "`
ON
HAZARD AREA WHICH A SPECIAL FLOOD
HAZARD AREA A WHICH A SPECIAL FLOOD A + _ ;� _ a ! ��E� �L FROM
NTW`\
HAZARD AREA AND FLOOD ZONE VE WHICH IS """ ANOVER GIS
FEDERAL EMERGENCY
THE FEDE
-�.. ... AKEN FROM NEW' H
SPECIAL FLOOD HAZARD AREA AS DETERMINED BY
MANAGEMENT AGENCY, AND THE NATIONAL FLOOD INSURANCE PROGRAM. - %` `• ..
COMMUNITY PANEL NUMBER 9' + 1•i
370168 3720314400K AUGUST 28 201 +3 +!
.�.
I
+.1.0
BENCHMARK: EIR +"
ELEVATION: 15,70'.
VERTICAL DATUM: NAVD 88
VERTICAL DATUM OBTAINED WITH TOPCON GRS
USING N.C. GEODETIC CONTINUOUS OPERATING + a
REFERENCE STATIONS + + G
90 , +..1 7 +_0.5 Z!
CONTOURS ADJUSTED 0APPROXIMATE U
TO NORMAL LOW WATER 0' +�1,4 ° FLOATING PIERS
,
THIS PRELIMINARY PLOT PLAN IS SUBJECT TO BOTH
� +-0• �
REVIEW do APPROVAL BY THE LOCAL JURISDICTION, ,1,6 r + e �J �4•
} t
+�1 .. !
x I
1 p,GK BH -Pr
+ 4I
/ SE��9/27/21
(PE FIELD) PER D.B. 439, P. 376 qq ' CPMP�4.91' �t0 µ I tr - j�
t tr v s r ,r t „ °.l0 -� ` � EIR t V� utAG .._ .—. ,� / 1t +..1 . j
{ }}: a. 1
S74"23 54 E 441.99 S74 21 14 E 586.79' N74'21 14 W 394.1$� -,.� - _ - - + 1 + 4
249.80' -''" L38 .�' _ . - 73. 3' -- -- _.-. — ' 7 ,�- L — -- -- _ — — — — — — -. r _ .�
- t CA � � I
_ a — `.
SIR _ - ,l uN� ,� p2'- - -, S 2 07 E RIPAgIAN SURVEY ' - - - - -
'-" �0' SETBACK fl —
BENCINMA K - �2 �• - � -
-
UN R CONTRACT TO "�f 1st.5 1t j-----*p--•--_--_. _
_
MCCORMICK f �' },•fl \ c t0.5 / — — — — _ - �. — — — . — f
NEW JACK PARTNERS
..1.4
[).B, 6505, P. 533 P
f. � g4 t f r I
�,i G� t +-0'S+ fl p1 +fl.? / �4.4t �4•g
46149 SQ.FT. �0 P I`� f , } ,+
-1.059 ACRES c�F.' �'1 1 +D.3 +�3�
10' SETBACKLn
I
0 m +-�°0 0 9 1
AREA SUBJECT TO
10' SETBACK THE RIGHTS OF THE � �
NEW JACK PARTNERS WETLANDS
STATE OF NORTH CAROLINA
D.B, 6505, P. 533
•r 0.5
AREA ABOVE NHWL ♦ I .� I
PROPOSED 86193 SQ•FT. 43 EXISTING DOCK � I
LOT 4 0 ) (TO BE REMOVED) ATLANTIC
1.978 ACRES
D} FEDED AREA - (5 °'� r / I N TIC ACCAS1i�AL
'`
123216 SQ.FT. ��� ` WATERWAY
2.828 ACRES +-p $. /
MEMO ®i awrwr air rr�+rs sew rr� ��r ��� _�� 2 w. � \ j:\,p{,
UPLANDS '
I p,
r
10' SETBACK - \Srt fl F t l
�0
ORIGINAL ROPERTY S7423'54"E 586.79 (DEED) $10 8 + _
r, - r 133.76'
4
LINE TO Or REMOVED S74'23 54 E 543,36' s
I 6l
{ \, I � hl
t\ � (V
I
I
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10 SETBACK
Z .
PROPOSED
LOT 340
r
Apm
s74'23'54"E 566.70'
,. c 1 PROPOSED 100001b
---- ------ C BOAT
..2. ELECTRONIC
--_---------,` 16, m 6
�. o
10' SETBACK +^ + 1co
g LIFTS
•
t0
4
" rt cV \ a' j +�1 a' }�2.0 1.8 +-1' A• + I \ 4
FLOOD ZONE VE -'Cr
PROPOSED v j +
(ELEVATION= 15'+2') -t
t
LOT 2 y q- ; a >, �� Z a
PROPOSED PIERII PROPOSED 4 PRIVATE
FLOOD ZONE VE fa o. f DOCK `, BOAT LIFTS
(ELEVATION- 16'+2') (FIXED WOOD 6 WIDE is
,.,,,.. ,,.,.„.� ■. ... , u"§ Ikk DECKING WITH FLOW
P "!'4 PROPOSED PIER (FIXED WOOD THRU DECKINGNEW JACK PARTNERS j�` ��0 n �` i �3. ��.d
� 1383 Sq.Ft.) `r y2.a' �. ,
FLOOD ZONE VE D.B, 6505, P. 533 � � � � 1 1 � '.,. s WIDE DECKING WITH FLOW + PROPOSED 16 x16 PROP SED 20 x20
- 1,
(ELEVATION = 14'+2') AREA ABOVE NH_W� ,�
r `� THRu DECKING 3315 Sq.Ft.) p' +, SITTING AREA RO FED AREA
+�•2 400.0 7 +
85927 SQ.FT. p PROPOSED PIER
-1. ' -1.1' -1.4` _ ,0 — - (256 Sq.Ft.) (`#00 Sq.Ft.)
1,972 ACRES C1112
PROPOSED DEEDED AREA -1.3
153.7' 1.5 ,r 495.9 FROM EDGE OF WATERBODY
LOT 1 132501 SQ.FT. Y27/21 23'
,� � +�1.2 � PROPOSE 8'x31" N PROPOSED 4'x16'
3.041 ACRES FLOATING OFF" 16i.78 � - --.
- - z ALUMINUM GANIGWAY B
_ a.s' : + -1.0' -2.2 2 t 31 1
-_ LOADING DOCK (sa Sq.Ft.'
4607 A-- - - - - - - .- , - _ ; 1104.19` WATERBODY WIDTH SED (24d 5 .Ft.)?
_ EEPW78'1 ' 4 11 i2 :_. + -- -} r - - - ,1.� -2.1' _ RA ON OCIui -
_
_ '+� +
10' SETBACK PER D.B. 567, P. 49} _ - _ _ - - - _ - - a 7' 38.60' 3. p�C3,B� 567, P, 4`) 9.03 4.3' 1.3' _ _ - _ - - - - ._ - -2.1' -2.1' LI N �,
+ 2
- - - - - -
IR3 `n
'S 1�'+ 5u L 4Z397` - _ - - g EIR 4.6 �33.8__,_ —S - -_- - - , 44.4I 14'51W 15 �� 3,40 OFF LINE — --- •.�. — 0z 07 ... -- r-
11 1 E RIPARIAN SURVEY --
N71 `3$ 21 W 373e 47 (PER FIELD N78' PER FIELD) -- -- -"® --- ---. _ — — — (PROPERTY LINE SINCE ECM ( NOW OR FORMERLY —
SEPTEMBER 20, 1984) \9A� NOW OR FORMERLY / y�LSpN - - - "" `- '- - - - -- -- - - - - - - - - _ ____ .�
l .. OLATIDOYE D.B. 6379, P. 1397 - - -` - - - v` — 230,0'
NOW OR FORMERLY $0\O. s ; D.B. 6054, P. 2091 LOT 2R, DIV 4619 r� '"y - - - - -- - ' -,. ` - — --L
MALPASS '0 LOT 1R, DIV 4619 2 - - -
�, ^ C> SUdNTY POINT -- - - D.B. 1267, P. 1547 2F x SERENTY POINT I.0TED.B. 1404, P, 1064 p LENGTH OF SHORELINE EQUALS 475.2'
PARTIAL TRACT 2 & 3 n
ch
a
al '�
•o 0
04/07/2022: CORRECTED SPOT ELEVA1oNs SOUTH OF PIER
I
CHARLES F. RIGGS & ASSOCIATES, INC. (C-730)
LAND SURVEYING - CONVENTIONAL & GLOBAL POSITIONING SYSTEMS,
LAND PLANNING & COMPUTER MAPPING
502 NEW BRIDGE STREET LANDFALL EXECUTIVE SUITES
P 0 BOX 1570 1213 CULBRETH DRIVE
JACKSONVILLE, NC 28540-1570 WILMINGTON, NC 28405
TELEPHONE: [phone] TELEPHONE: [phone]
E—MAIL: riggsland0riggslandmcvm
CAMIA PLAN
FOR
NEWJACK PARTNERS, LLC APPROXIMATE LOCATION OF
EXISTING ADJOINER S 8 BOAT II
4601 & 4607 NEW JACK ROAD, D.B. 6505, P. 533 SLIP DOCK (PERMIT #113-13). I,
MASONBORO TOWNSHIP, NEW HANOVER COUNTY, NORTH CAROLINA DOCK ILLUSTRATION I- —
TAKEN FROM NEW HANOVER
NEW JACK PARTNERS, LLC, OWNER; D.B. 6505, P. 533 GAS AERIAL. I
460I & 4607 NEW JACK ROAD
:m
SITE
TE
N CHANNEL
S CHANNEL
HAVF o
VICINITY SKETCH I
NOT TO $CAL$
1
t
f
I
f
f
�
/ J
APPROXIMATE
SPOIL ISLAND
LOCATION
ILLUSTRATION
TAKEN FROM
NEW HANOVER
GIS AERIAL
O
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q
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91
R
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01
a.
Oversize drawing:
J Nevi Jack Partners, LLC
4 5.0' I CA!\,,IA Major Permit Application
emailed to you on 4/20/22
I I ,
SCE ,.QED
GRAPHIC SCALE
APR l 202z
DCM WILMI _TON, NC;
I N FEET )
1 inch - 40 tt, �4$B
ACTUAL FIELD SURVEY DATE: 10/05/2021 APPROXIMATE
MAPPING DATE, 03/18/2022 SPOIL ISLAND,
N
I -
FIELD BOOK: 1219 PAGE: 1 LOCATIOCATIOILLUSTRATION I
1- JTG TAKEN FROM NEW 4" ,7
PROJECT NUMBER: 2 08 05 A
HANOVER GIS
SHEET OF - 6 AERIAL

a
10' SETBACK S74*23'54"E 566.70"
10' SETBACK
014
x
x
PROPOSED x —1.2
LOT 2�1
Al!"
0.
to's
IN/ 05 3. i7v X, 1.0, PROPOSED PIER (FIXED
x WOOD 6" WIDE DECKING
T 3.1' NTH FLOW THRU
FLOOD ZONE VE FLOOD Z0NE OVEO DECKING 3315 Sq.FQ
(ELEVATION= 14'+2) (ELEVA70I- 15'+2') FLOOD ZONE "VE" NEW JACK PARTNERS
(ELEVATION= 16'+2)
D.S. 6505, P. 533
AREALL ADQYE NH_WI_ C WL x 3,2'
85927 SQ.FT. BH
1.972 ACRES PROPOSED PIER
9/27/l
3, ............. .
DEEQEQ AREA 4 - --
PROPOSED____,--- 132501 SQ.FT.
LOT 1 3.041 ACRES 495,9' FROM EDGE OF WATERBODY
1 53.7'
PARTNERS
3
-1 2
x
161.78
.0.6" 11AA
x
' SE
(PROPERTY LINE SINCE
- SEPTEMBER 20, 1984)
REMSION.
04/07/2022 CORRECTED SPOT ELEVATIONS SOUTH OF PIER
2*54'30"E 423.97'\ (PER D.B. 567, P, 49)­
N71*38'21"W 373.4-7'
/ (PER FIELD}
NOW OR FORMERLY
y
MALPASS
D.B. 1267, P. 1547
D.B. 1404, P. 1064
PARTIAL TRACT 2 & 3
CHARLES F. RIGGS & ASSOCIATES, INC* (c-7so)
LAND SURVEYING — CONVENTIONAL & GLOBAL POSITIONINC, SYSTEMS)
,LAND PLANNING & COMPUTER MAPPING
502 NEW BRIDGE STREET LANDFALL EXECUTIVE SUITES
P.O. BOX 1570 1213 CULBRETH DRIVE
JACKSONVlLLE, NC 28540-1570 WILMINGTON, NC 28405
TELEPHONE: [phone] TELEPHONE: [phone]
E—MAIL: riggslandOriggslandnc-com
ECM
NOW OR FORMERLY
OLA11DOYE
D.B. 6054, P. 2091
LOT 1R, DIV 4619
SERENTY POINT
RBODY MIT H BASED 2V DC�M
x
EIP
38.60 '(PER D�_. �567. X 49) EIR x 9.03' 4.S
4.7' 1 3.8' . ....
EIR 4. 6'
1 9 5
N78*14)51"W 158.55 *_ 0- ------ S71-02'07')E RIPARIAN SURVEY
(PER FIELD) 7 -
:i� lip- 3.40' OFF LINE --------
NOW OR FORMERLY
WILSON
D.B. 6379, P. 13,97
.OT 2R. DIV 4619
SERENTY POINT LQ 7
GRAPHIC SCALE
BENCHMARK: EIR 10 2D 40
LAMA PLAN
FOR
NEW JACK PARTNERS,LLC
4601 & 4607 NEW JACK ROAD, D.B. 6505, P. 533
MASONBORO TOWNSHIP, NEW HANOVER COUNTY, NORTH CAROLINA
NEW JACK PARTNERS, LLC, OWNER; D.B. 6505, P. 533
4601 & 4607� NEW JACK ROAD
NOTE
LENGTH OF SHORELINE EQUALS 475,2'
t_Lr_vAllL;": ).tu
VERTICAL DATUM: NAVD 88
VERTICAL DATUM OBTAINED WITH TOPCON GRS
USING N.C. GEODETIC CONTINUOUS OPERATING
REFERENCE STATIONS
UQM
CONTOURS ADJUSTED
TO NOFOAAL LOW WATER m 0'
THIS ;:;;--_LIMil4ARY PLOT PLAN IS SUBJECT TO BOTH
REVz_',4 & APPROVAL BY THE LOCAL JURISDICTION,
IN FEET
I inch = 20 fL
20IR
ACTUAL FIELD SURVEY DATE: 10/05/2021
MAPPING DATE: 03/21/2022 'IGTON,
FIELD BOOK-.- 1219 PAGE: 1
PROJECT NUMBR 21-08-0 JTG
SHEETS OF 6

Book 6617 Page 1196
BK: RB 6617
PG: 1196-1218
RECORDED:
01-17-2023
11:54:06 AM
BY: KELLIE GILES
DEPUTY
IIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIII
2023001139 NC FEE $54.00
NEW HANOVER COUNTY, NC
TAMMY THEUSCH PIVER
REGISTER OF DEEDS
NEW JACK LANDING COVENANTS
NEW JACK LANDING SUBDIVISION
NEW JACK ROAD, WILMINGTON, NC 28409

Book 6617 Page 1197
DECLARATION OF COVENANTS AND CONDITIONS FOR
NEW JACK LANDING
THIS Declaration of Covenants and Conditions for New Jack Landing Subdivision
("Declarations") is made this 1 lth day of January 2023, by Jack Partners, LLC, ("Declarant"),
current owner of the real property more specifically described below.
WITNESSETH
WHEREAS, Declarant is the fee simple owner of certain real property located in New Hanover
County, North Carolina, known as all of New Jack Landing as shown on a map recorded in Map
Book 72 at Page 120 ("the Plat") in the Office of the Register of Deeds of New Hanover County,
showing three residential lots ("Lots"), Common Areas and Limited Common Areas ("the
Property"), and the attached Preliminary Plat Map for New Jack Landing Subdivision herewith
attached, showing New Tract 2 and New Tract 3.
WHEREAS, the Lots within the Property are so situated as to comprise a neighborhood unit and
it is the intent and purpose of the Declarant to convey the Lots to persons who will construct
residences to be used for single family purposes, subject to the provisions of the Declarations;
WHEREAS, Declarant has agreed to establish a general plan of development to restrict the use
and occupancy of the Property made subject to the Declarations for the benefit and protection of
the Property and for the mutual protection, welfare and benefit of the present and the future
owners of the Property; and
WHEREAS, Declarant desires to provide for the preservation of the value of the Property made
subject to these Declarations, and for the construction, maintenance and preservation of the
Common Areas and Limited Common Areas.
NOW, THEREFORE, Declarant declares that all of the Property shall be held, used, enjoyed,
sold and conveyed subject to the following easements, restrictions, covenants, and conditions
which are for the purpose of protecting the value and desirability of the Lots and the Property,
and which shall run as appurtenances to the Property and be binding on all parties having any
right, title or interest in any portion of the Property , and their heirs, successors in title, and
assigns, and shall inure to the benefit of each owner of any interest in any portion(s) of the
Property.
ARTICLE I
DEFINITIONS
The following terms shall mean:
Section 1. ASSOCIATION shall mean and refer to New Jack Landing HOA, Inc., a
North Carolina non-profit corporation.

Book 6617 Page 1198
Section 2. ARCHITECTURAL REVIEW COMMITTEE (or Architectural Control
Committee) shall mean and refer to a committee of no less than three Lot owners elected at an
annual meeting of the Association, or at a Special Meeting duly called for that purpose. The
initial committee shall be elected at a special meeting called for that purpose after the period of
Developer control has ended. The committee shall, after the period of Declarant control, exercise
the architectural review and controls established by this Declaration, and all subsequent
amendments. During the period of Declarant Control, the Declarant shall serve as the
Architectural Review Committee, and shall have all powers and responsibilities of the
Architectural Review Committee.
Section 3.OWNER or "Lot Owner" shall mean and refer to the record owner(s), whether
one or more persons or entities of fee simple title to any Lot which is part of the Property,
including Owners who are under contract to sell their Lot(s), but. excluding those having such
interest merely as security for the performance of an obligation, and excluding any parties
holding a contract to purchase a Lot but not yet having acquired title to such Lot.
Section 4. THE PROPERTY or PROPERTIES shall mean and refer to all of New Jack
Landing Subdivision, including the property shown on a map recorded in Map Book 72 at Page
120 in the Office of the Register of Deeds of New Hanover County, and the Preliminary Plat
Map herewith attached, showing New Jack Landing Subdivision New Tract 2 and New Tract 3,
and also the easements, the Community Boat Facilities, and any Additional Properties that may
hereafter be annexed or otherwise brought under these Declarations, as amended, and within the
jurisdiction of the Association.
Section 5. ADDITIONAL PROPERTIES shall mean and refer to any lands adjoining the
Property, which now are owned or may be hereafter acquired or developed by the Declarant and
annexed to and made a part of The Properties by the Declarant and subjected to these
Declarations. No additional properties may be annexed without prior approval of HUDNA, if so
required. The annexation of such additional properties shall become effective by the recording in
New Hanover County by the Declarant, during the Declarant Control period, or the Association
after the Declarant Control Period, of an amended or supplemental declaration for such adjoining,
lands when annexed.
Section 6. COMMUNITY BOAT FACILITIES shall mean and refer to the community
piers, docks, boat slips, boat lifts, gazebo, loading area, floating docks and other similar
structures as shown in and on the attached Drawing certified by Charles Riggs and signed
1/28/2022, for the use and enjoyment of the owners of any of The Lots, including those areas
shown as the easement providing access to, and the easement for, the Community Boat Facilities,
and the pilings, pier, floating docks (or boat slips or finger piers, by whatever name called), in
the attached Exhibit B, which is incorporated fully by this reference. The easements referenced
in this Section 6 for the Community Boat Facilities shall be riparian in nature and include all
riparian rights arising out of the ownership of land which is bounded or traversed by navigable
water.

Book 6617 Page 1199
Section 7. COMMON AREA or COMMON AREAS (sometimes referred to as
"Common Elements") shall mean and refer to all real property owned or maintained by the
Association for the common use and enjoyment of the owners of any Lots, specifically including
all roads, streets, drives, easements for utilities and for access to the Lots and to the Community
Boat Facilities, and rights of way in New Jack Landing Subdivision. The term shall also include
any Additional Property owned by the Declarant and designated as Common Area by the
Declarant during the Declarant Control Period, and thereafter by the Association and the
owner(s) of the Additional Property.
Section 8. COMMON EXPENSES means expenditure made by or financial liabilities of
the Association, together with any allocations for reserves. Common Expenses specifically
include costs for maintaining and insuring any Common Areas, including present or future
retention, and/or detention pond(s), and all roads, streets, drives and rights of way, utility and
access easements, and Boat Facilities in New Jack Landing Subdivision, including any
Additional Properties, and any property to which the Association may now or in the future hold
fee simple title or an easement.
Section 9. DECLARANT shall be used interchangeably with Developer (which shall
include singular, plural, masculine, feminine and/or non -gender as required by the context) and
shall mean and refer to New Jack Partners, LLC, and its successors and assigns, if such
successors and assigns should acquire Additional Properties and the Special Declarant Rights
from the Declarant for the purpose of development as a part of New Jack Landing Subdivision.
Section 10. DECLARATIONS shall mean this instrument as amended or supplemented.
Section 11. EXECUTIVE BOARD shall be used interchangeably with the board of
directors and shall mean the body, regardless of name, designated in these Declarations, the
Bylaws, or otherwise to govern the Association.
Section 12. MEMBERSHIP shall mean and refer to every person or entity that has a
membership in the Association and shall be limited to owners of Lots. "Member" shall mean
each owner of a Lot.
Section 13. SPECIAL DECLARANT RIGHTS means rights reserved under these
Declarations for the benefit of the Declarant for the duration of the Declarant Control Period,
including without limitation the right (i) to complete improvements intended or planned by
Developer for the property or additional property; (ii) to exercise any development or other right
reserved to the Declarant by this Declaration or otherwise; (iii) to maintain within the
Subdivision sales offices, management offices, construction offices/trailers, signs advertising the
Subdivision, and models; (iv) to use the Common Areas for the purpose of making
improvements within the subdivision; (v) to make the subdivision part of a larger subdivision or
group of planned communities; (vi) to make the subdivision subject to a master association; (vii)
to appoint or remove any officer or Executive Board member of the Association or any other
Master Association; ( viii) to maintain architectural control as the Architectural Control

Book 6617 Page 1200
Committee; and (ix) to delegate any or all of the Declarant's rights permanently or for limited
time periods by amendment to this Declaration.
Section 14. LIMITED COMMON AREAS AND FACILITIES. Those Common Areas
which are reserved for the use of less than all Members. Each boat slip within the Community
Boat Facilities as assigned to a Lot shall be Limited Common Area for the Lot to which it is
assigned.
Section 15. ADDITIONAL SPECIAL DECLARANT RIGHTS Declarant reserves the
right during the Declarant Control Period, in its sole discretion, to construct improvements, or to
allow construction of improvements, including, but not limited to those piers, docks, slips, and
lifts comprising the Community Boat Facilities, a swimming pool and related facilities, or other
structures built upon any portion of the Common Area. Upon completion of such improvements,
Association Dues shall be recalculated to include the costs of insuring and maintaining such
improvements, if they do not already so include.
Section 16. LOT OR LOTS shall mean and refer to Lots 1, 2, 3 and 4 as shown on the
attached Proposed New Jack Subdivision Map and any additional lots included in Additional
Properties.
Section 17. MAP. Shall mean the 2 attached Maps to these Covenants, being New Jack
Landing Subdivision Map (New Tract 2 and New Tract 3) and New Jack Partners Map showing
Cama Plan, signed and date 01 /28/2022 and the Map recorded with New Hanover County
Register of Deeds and found in Book 72, Page 120.
Section 18. DECLARANT CONTROL PERIOD. Shall mean the period ending upon the
earlier of. (a) sale by Declarant all of Lots (b) January 1, 2033; or (c) the date upon which the
Declarant shall record in the Office of the Register of Deeds of New Hanover County a written
release and voluntary termination of the Declarant Control Period.
ARTICLE H
PROPERTY RIGHTS AND EASEMENTS
Section 1. Lot Owner Property Rights and Easement of Enjo3Lment Every Lot Owner
shall have and is granted a right and easement of enjoyment in and to the Common Areas,
specifically including all access easements, access over all roads, streets, drives and rights of
way in New Jack Landing Subdivision, which shall be appurtenant to and shall run with the title
to every Lot, subject to the following provisions:
A. The Declarant, and after the termination of the Declarant Control Period, the
Association, may make and amend reasonable rules and regulations governing use of
the Common Areas.

Book 6617 Page 1201
B. The right of the Declarant, and after the termination of the Declarant Control Period,
the Association, to suspend the voting rights and privileges of an Owner for any
period during which any assessment against the Owner's Lot remains unpaid.
C. The Declarant, and after the termination of the Declarant Control Period, the
Association, may grant a security interest in or convey the Common Areas, or
dedicate or transfer all or part of the Common Areas, to any public agency, authority
or utility for public utility purposes, and may grant easements, leases, licenses and
concessions through or over the Common Areas for utility or communications service
to any Lot or Common Area. Provided, however, no conveyance or encumbrance of
Common Area shall deprive any Lot Owner of its rights of access or support,
including rights of use of, and access to the Community Boat Facilities.
D. The right of the Declarant, and after the termination of the Declarant Control Period,
the Association, to impose regulations for the use and enjoyment of the Common
Areas; if any, and improvements thereon, which regulation may further restrict the
use of the Common Area, provided such regulation shall not reduce access of the Lot
owners to the Common Area, including the Community Boat Facilities.
Section 2. Easements in Favor of Declarant and The Association. The following
easements are reserved to Declarant and the Association, their agents, contractors, employees;
successors and assigns:
A. The Declarant reserves the right unto itself, its successors and assigns, a perpetual,
alienable, and releasable easement and right of way, on, over, and under the ground
for men and equipment to erect, maintain, inspect, repair, and use electric and
telephone pole; wires, cables, conduits, fences, sewers, water mains and other suitable
equipment for the conveyance and use of electricity, telephone equipment, gas,
sewer, water or other public conveyances or utilities on, in or over the easements as
shown on the recorded plat(s); provided further, that the Declarant may cut drain
ways for surface water whenever such action may appear to the Developer to be
necessary in order to maintain reasonable standards of health, safety, and appearance.
These easements and rights of way expressly include the right to cut any trees, bushes
or shrubbery, make any grading of the soil, or take any other similar action
reasonably necessary to provide economical and safe utility installation and to
maintain reasonable standards of health, safety and appearance. The Declarant further
reserves the right to locate wells, pumping stations, and tanks within or on any
easement, or on any Lot owned by Declarant and now or subsequently designated for
such use or to locate same upon any Lot not owned by the Declarant only with the
written consent and permission of the Owner of such Lot. Such rights may be
exercised by any licensee of the Declarant, but this reservation shall not be considered
an obligation of the Declarant to provide or maintain any such utility or service.
B. The Developer reserves the right to subject the real property in this subdivision to a
contract with Duke Progress Energy, their successor or assigns, for the installation of

Book 6617 Page 1202
street lighting, notwithstanding that such contract may require a continuing monthly
payment to such utility company by each Owner.
C. Easements over all private streets and roads, access easements, and the Common
Areas within the subdivision as necessary to provide access, ingress and egress to and
the installation of utilities for any Lot and for Common Area, and for all emergency
agencies, including, but not limited to Police, Fire, Emergency Medical Technicians
and similar public services.
D. All easements and rights described in these Declarations are perpetual, appurtenant,
running with the land, and shall inure to the benefit of and be binding on the
Declarant and the Association, their successors and assigns, and any Owner,
purchaser, Mortgagee, and other person having an interest in the Subdivision, or any
part or portion thereof, regardless of whether or not reference is made in the
respective deeds of conveyance, or in any mortgage or trust deed or other evidence of
obligation, to the easements and rights described in this Declaration.
Section 3. Assiamnent of Community Boat Slips/Lifts/ Piers/Floating Docks. The
following boat slips/lifts/docks are assigned to Lots as follows:
Slip# 1
assigned to Lot# 1
Slip# 2
assigned to Lot# 2
Slip# 3
assigned to Lot# 3
Slip# 4
assigned to Lot# 4
The location of each boat slip/lift/finger pier/floating dock is more specifically described and
located in and on the attached Exhibit B, incorporated in full into these Declarations by this
reference.
ARTICLE III
MEMBERSHIP AND VOTING RIGHTS
Section 1. Every Owner of a Lot which is subject to assessment shall be a member of the
Association. Membership shall be appurtenant to and may not be separated from Ownership of
any Lot which is subject to assessment.
Section 2. The Association shall have two classes of voting membership:
Class A. Class A members shall'be all Owners except for the Declarant and shall be entitled to
one vote for each Lot owned. When more than one person holds an interest in any Lot, all such
persons shall be members. The vote for such lot shall be exercised as they determine, but in no
event shall more than one vote be cast with respect to any Lot.
Class B. The Class B members shall be the Declarant and shall be entitled to three (3) votes for
each Lot owned. The Class B membership shall cease and be converted to Class A membership,

Book 6617 Page 1203
and the period of Declarant Control will cease, on the happening of either of the following
events, whichever occurs earlier:
(a) The sale of all Lots by Declarant.
(b) on December 31, 2033; or
(c) Or such time as the Declarant elects to assign its Declarant rights to the
Association, in its sole discretion.
ARTICLE IV
MANAGEMENT AND CONTROL
Management for the affairs of the Association, excepting architectural control (which shall be
managed by the Architectural Control Committee), shall be the right and responsibility of the
Members, through the board of directors in accordance with the Declaration and the bylaws of
the Association; PROVIDED, HOWEVER, that all of the powers and duties of the Board of
Directors may be exercised by the Declarant during the Declarant Control Period.
ARTICLE V
COVENANTS AND ASSESSMENTS
Section 1. Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each
Lot owned within the Properties, hereby covenants, and each Owner of any Lot by acceptance of
a deed therefore, whether it shall be expressed in such deed, is deemed to covenant and agree to
pay to the Association: (1) annual assessments or charges, and (2) special assessments for capital
improvements, such assessments to be established and collected as hereinafter provided. The
annual and special assessments, together with interest, costs, and reasonable attorney's fees, shall
be a charge on the land.and shall be a continuing lien upon the property against which each
assessment is made. Each such assessment, together with interest, costs, and reasonable
attorney's fees, shall also be the personal obligation of the person who was the Owner of such
property at the time when the assessment fell due. The personal obligation for delinquent
assessments shall not pass to his successors in title unless expressly assumed by them.
Section 2. Purpose of Assessments. The assessments levied by the Association shall be used
exclusively to maintain, repair and improve the private street and road system; the private storm
water pond and storm water ditches and storm water retention facility within the planned
community; the wetlands within the planned community; and the Common Area.
Section 3. Special Assessments for Capital Improvements. In addition to the assessments
authorized above, the Association may levy, in any assessment year, a special assessment
applicable to that year only for the purpose of defraying, in whole or in part, the cost of any

Book 6617 Page 1204
construction, reconstruction, repair or replacement of a capital improvement upon the Common
Area, including fixtures and personal property related thereto, provided that such assessment
shall have the assent of three quarters (3/4) of the vote of each class of members who are voting
in person or by proxy at a meeting duly called for this purpose.
Section 4. Notice and Quorum of Any Action Authorized Under Sections 3 and 4. Written
notice of any meeting called for the purpose of taking any action authorized under Section 3 or 4
shall be sent to all members not less than thirty (30) days nor more than sixty (60) days in
advance of the meeting. At the first such meeting called, the presence of members or of proxies
entitled to cast seventy five percent (75%) of all the votes of each class of membership shall
constitute a quorum. If the required quorum is not present, another meeting may be called subject
to the same notice requirement, and the required quorum at the subsequent meeting shall be one-
half of the required quorum at the preceding meeting. No such subsequent meeting shall be held
more than sixty (60) days following the preceding meeting.
Section 5. Rate of Assessment. The Association may differentiate in the dollar amount of
Assessments charged when a reasonable basis for distinction exists, including but not limited to
as between vacant Lots of record and Lots of record with completed dwellings for which
certificates of occupancy have been issued by the appropriate governmental authority, or when
any other substantial difference as a ground of distinction exists between Lots. However,
Assessments must be fixed at a uniform rate for all Lots similarly situated.
Section 6. Date of Commencement of Annual Assessments: Due Dates. The annual assessments
provided for herein shall commence as to each Lot upon the date of acceptance by an Owner of a
deed from Declarant. The Board of Directors shall fix the amount of the annual assessment
against each Lot at least thirty (30) days in advance of each annual assessment period. Written
notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall
be established by the Board of Directors. The Association shall, upon demand, and for a
reasonable charge, furnish a certificate signed by an office of the Association setting forth
whether the assessments on a specified Lot have been paid. A properly executed certificate of the
Association as to the status of assessments on a Lot is binding upon the Association as of the
date of its issuance.
Section 7. Effect of Nonpayment of Assessments • Remedies of the Association. Any
assessment not paid within thirty (30) days after the due date shall bear interest from the due date
at the rate of 18% per annum. The Association may bring an action at law against the Owner
personally obligated to pay the same or foreclose the lien against the property. No Owner may
waive or otherwise escape liability for the assessments provided for herein by non-use of the
Common Area or abandonment of his Lot.
Section 8. Subordination of Lien to Mortgaize. The lien of the assessments provided for herein
shall be subordinate to the lien of any first mortgage. However, the sale or transfer of any Lot
pursuant to mortgage foreclosure or any proceeding in lieu, therefore, shall extinguish the lien of
such assessment as to payments which become due prior to such sale or transfer. No sale or

Book 6617 Page 1205
transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from
the lien thereof.
ARTICLE VI
RIGHTS OF DEVELOPER
The Declarant shall have, during the Declarant Control Period, all of the Special Declarant
Rights defined in these Declarations and the following rights, powers, and privileges which shall
be in addition to the Special Declarant rights and any other rights, powers, and privileges
reserved to the Declarant:
Section 1. The Architectural Control Committee/Board of Directors/Executive Board. All
duties and responsibilities conferred upon the Architectural Control Committee by this
Declaration, or the Bylaws of the Association shall be exercised and performed by the Declarant
or its designee, during the Declarant Control Period. The Declarant shall be entitled, during the
Declarant Control Period, to appoint and remove the officers and the members of any Board of
Directors or Executive Board of the Association.
Section 2. Plan of Subdivision. The right to change, alter or re -designate the allocated
planned, platted, or recorded use or designation of any of the lands constituting the Subdivision
including, but not limited to, the right to change, alter or re -designate road, utility, stormwater,
and drainage facilities and easements and to change, alter or re -designate such other present and
proposed amenities, common elements, or facilities as may in the sole judgment and discretion of
Declarant be necessary or desirable. The Declarant expressly reserves unto itself, its successors
and assigns as Declarant, the right to re -plat any one (I) or more Lots owned by Declarant and
shown on the plat of any subdivision of the Property or Additional Property in order to create
one or more modified Lots; to further subdivide tracts or Lots shown on any such subdivision
plat into two or more Lots; to recombine one or more tracts or Lots or a tract and Lots to create a
larger tract or Lot (any lot resulting from such combination shall be treated as one Lot for
purposes of assessments): to eliminate from this Declaration any Lots shown on the Map that are
not otherwise buildable or are needed or desired by Declarant for access or are needed or desired
by Declarant for use as Common Area, as a public or private roads, or as access areas, whether
serving the Subdivision or other property owned by the Declarant or others, or which are needed
for the installation of utilities, Common Areas or amenities, and to take such steps as are
reasonably necessary to make such re -platted Lots or tracts suitable and fit as a building site,
access area, roadway or common elements. Declarant specifically reserves the right but shall not
be obligated (except as otherwise provided herein), to convert any Lot or any part of any Lot
owned by the Declarant, or its successor as Declarant, to Common Area for the subdivision.
Notwithstanding the above, the Declarant shall not have the right or authority to revise or
terminate the restrictions on individual Lot piers and docks as set forth in Article 7, Section 2(A).
Section 3. Amendment of Declaration by the Declarant. These Declarations may be
amended without Member approval, by the Declarant, or the board of the Association as follows:
A. In any respect, prior to the sale of the first Lot.
B. To the extent this declaration applies to Additional Property.

Book 6617 Page 1206
C. To correct any obvious error or inconsistency in drafting, typing, or reproduction.
D. To qualify the Association or the Property and Additional Property, or any portion
thereof, for tax-exempt status.
E. To incorporate or reflect any platting change as permitted by this article or otherwise
permitted herein.
F. To conform this Declaration to the requirements of any law or governmental agency
having legal jurisdiction over the Property or any Additional Property or to qualify
the Property or any Additional Property or any Lots and improvements thereon for
mortgage or improvement loans made, insured or guaranteed by a governmental
agency belonging to, sponsored by, or under the substantial control of the United
States Government or the State of North Carolina, regarding purchase or sale of such
Lots and improvements, or mortgage interests therein, as well as any other law or
regulation relating to the control of the property, including, without limitation,
ecological controls, construction standards, aesthetics, and matters affecting the
public health, safety and general welfare. A letter from the official of any such
corporation or agency, including, without limitation, the Department of Veteran
affairs, U.S. Department of housing and urban development, the federal home loan
mortgage corporation, Government National mortgage corporation, or the Federal
National Mortgage Association, requesting or suggesting an amendment necessary to
comply with the requirements of such corporation or agency, provided that the
changes made substantially conform to such request or suggestion. Notwithstanding
anything else contained in these Declarations to the contrary, only the Declarant,
during the Declarant Control Period, shall be entitled to amend this Declaration
pursuant to this section.
Notwithstanding the foregoing, there shall be no changes or amendments to any part or portion
of the Community Boat Facilities easement or access easements or affecting the right of use of
the Community Boat Facilities and pier/dock/slip serving Lots by any Owner unless
unanimously approved in writing by the Owners of all affected Lots. Regarding the prohibition
on construction or use of individual Lot piers, docks, slips and lifts ([Article 7, Section 2(A)],
neither the Declarant, Association or any Lot Owner may terminate or modify same without the
express, prior written consent of the North Carolina Division of Coastal Management within the
Department of Environmental Quality or a successor state agency which regulates riparian
development. This prohibition of piers beyond the Community Boat Facilities was a condition
for approval by the Coastal Resources Commission in variance CRC-VR-22-05 through a final
agency decision dated December 17, 2022.
ARTICLE VII
USE RESTRICTIONS, ARCHITECTURAL CONTROL AND MAINTENANCE
Section 1. Architectural Control and Maintenance. The Declarant shall serve as the
Architectural Control Committee during the Declarant Control Period, and the Association shall
appoint the Architectural Control Committee after termination of the Declarant Control Period.
During the Declarant Control Period, references in this Article to the Architectural Control
Committee shall mean the Declarant, and the Declarant shall be under no obligation to form an
Architectural Control Committee. After the termination of the Declarant Control Period, the

Book 6617 Page 1207
Association shall have the right and obligation to control the development and appearance in the
Subdivision, subject to the following minimum guidelines:
A. Approval of plans for building and site improvements. No house plans will be
approved unless the proposed house shall have a minimum 3000 square feet of enclosed heated
area, which shall be the total enclosed area within a dwelling, provided, however, that such term
does not include terraces, decks, living space on the garage level, open porches, and like areas,
provided further, that shed -type porches, even though attached to the house are specifically
excluded from the definition of the aforesaid term "heated square footage".
The approval process shall commence upon the delivery to the Architectural Control Committee
of a complete plot plan showing the proposed location of the house, driveway, parking areas,
permitted outbuildings, any other improvements to the property, and any and a sample of all
exterior materials to be used (including roof shingle, siding material, brick, stain, paint, etc.)
Additional items to be submitted for approval include, but are not limited to, copies of house
plans, specification sheets, and any other items and documents necessary or desirable, in the
Architectural Control Committee's sole discretion to assure that the improvements placed on all
Lots are of such a nature as to protect the values of other lots in New Jack Landing. There shall
be no changes to the submitted plans and specifications that affect the exterior appearance, or the
location of any improvements on the property, after the plans and specifications are approved by
the Architectural Control Committee, unless the same are approved by the Architectural Control
Committee. in writing.
B. To preserve as much natural wooded area as practical, construction of residence must
be within the building envelope designated by Architectural Control Committee. (Unless written
approval is obtained from the Architectural Control Committee to adjust the building envelope)
Clearing of trees must be limited to those within the building envelope and driveway location.
Notwithstanding the foregoing, Owners may trim and top trees and shrubs to preserve water
views and attractive landscaping.
C. Acceptable roofing materials include architectural shingles, cedar shingles, metal
(bronze, pewter tone, gray, black) or any other approved material.
D. No asbestos siding, synthetic stucco, aluminum siding, vinyl siding, cinder block nor
tar paper composition shall be used for the exterior of any residence construction on any building
lot herein conveyed, it being intended that only conventional cedar, wood or hardy -board, clay
brick, masonry stucco, or material approved by the Architectural Control Committee to be
constructed on the Lots.
E. Since the establishment of inflexible building setback lines for location of houses on
Lots tends to force construction of houses directly to the side of other homes with potentially
detrimental effects on privacy, view, preservation of important trees and other vegetation,
ecological and related considerations, no specific setback lines shall be established by these
Declarations. To assure that the foregoing considerations are given maximum effect, the site and
location of any house or dwelling or other structure upon any Lot shall be controlled by and must
be approved in advance, in writing, by the Architectural Control Committee; provided, however,

Book 6617 Page 1208
that no structure shall be constructed closer to a Lot line than is permitted by applicable
governmental regulations.
F. The exterior of all dwellings and other structures must be completed within eighteen
(18) months after the construction of same shall have commenced, except where such completion
is impossible or would result in great hardship to the Owner or builder, due to strikes, fires,
national emergency, natural calamities, or complexity of design and construction.
G. Fences shall be permitted on any Lot; provided, however, that the design, placement,
and materials of any fence are approved by the Architectural Control Committee. No chain link
fences are allowed. Clotheslines are not permitted on any Lot.
H. Off street parking for not less than (2) two passenger automobiles must be provided on
each lot prior to the occupancy of any dwelling constructed on said lot which parking areas and
the driveways thereto shall be constructed of concrete, brick, asphalt, gravel, stone, river stone,
slate, coquina, turf stone, or similar materials, or any other material approved by the
Architectural Control Committee.
I. Intentionally deleted.
J. It shall be the continuing duty and responsibility of the Lot Owners to landscape and
maintain their lawns and environment in the manner that has been specified in writing and
approved by the Architectural Control Committee.
K. All driveways and parking areas shall be constructed of concrete, brick, asphalt, stone,
slate, coquina, turf stone, wood or similar materials, or any other material approved by the
Architectural Control Committee.
L. All utilities will be underground.
M. All mailboxes and mailbox posts shall be of a design approved by Architectural
Control Committee.
N. Modular and prefabricated homes and previously constructed houses may not be
erected or placed on any Lot.
O. Any accessory building, storage facility or other structures on any Lot shall conform
in style and building materials to the main structure on the Lot. Architectural Control Committee
approval must be obtained for any such building to be placed on or built on any Lot in the
subdivision, prior to construction or placement.
Section 2. Use Restrictions.
A. LAND USE AND BUILDING TYPE. No Lot shall be used for any purpose other than
residential purposes, subject, however, to the rights of the Declarant, and the right to convert
Lots or parts of Lots to Common Area, or a Lot for access to adjacent property. All Lots are
restricted for construction of one single family dwelling (plus such detached garages and other

Book 6617 Page 1209
accessory buildings as may be approved in the sole discretion of the Architectural Control
Committee). No duplex or other multifamily structure is permitted. No bulkheads or shoreline
hardening materials may be constructed or placed anywhere on any individual Lot. No business,
trade, vocation or occupation shall be permitted to be conducted at, or pursued from an office,
formal or informal, on any lot; this is to include children's daycare. However, this restriction
shall not restrain Declarant in any way from pursuing its rightful business of developing,
marketing and selling all Lots and real estate within the Property.
Other than the Community Boat Facilities described in these Declarations and further
authorized and governed by the terms of the 2023 CAMA Major Permit issued pursuant to
CRC Variance CRC-VR-22-05 (the "CAMA Permit"), no other piers, docks, lifts, boat
slips, or other similar structures may be constructed or placed anywhere on any individual
Lot. The State of North Carolina (through the Division of Coastal Management within the
Department of Environmental Quality or a successor state agency which regulated riparian
development shall have the right to unilaterally enforce this restriction against piers other
than the Community Boat Facility for so long as the Community Boat Facility described in
these declarations and the CAMA Permit remains. Should the Community Boat Facility
cease to exist or function as so described for a period of twelve (12) months or longer, then
upon written notice of the same to the State of North Carolina (though the Division of
Coastal Management within the Department of Environmental Quality or a successor state
agency which regulates riparian development) the restrictions and prohibitions on
construction, placement or use of individual Lot piers, docks, slips, lifts or similar
structures shall terminate. The State of North Carolina is made a beneficiary of these
covenants to the extent necessary to maintain compliance with the CRC Variance Order
for CRC-VR-22-05 and resulting 2023 CAMA Permit.
B. NUISANCES. No noxious or offensive activity shall be carried on upon any Lot, pier,
dock or slip, nor shall anything be done thereon which may be or may become an annoyance or
nuisance to the neighborhood. There shall not be maintained any plants or animals, nor device or
thing of any sort whose normal activities or existence are in any way noxious, dangerous,
unsightly, or of other nature as may significantly diminish or destroy the enjoyment of other Lots
by the Owners thereof. It shall be the responsibility of each Owner to prevent the development of
any unclean, unsightly or un-kept condition of buildings or grounds on the Owner's Lot which
would tend to decrease the beauty of the neighborhood as a whole or the specific area. The
association, with the affirmative vote of seventy five percent of all votes, shall have the right to
cure any nuisance, and charge the cost of such cure or abatement to the Owner of the said Lot.
C. TEMPORARY STRUCTURES. No structure of a temporary character, trailer,
basement, tent, shack, garage, barn, or other outbuilding shall be used on any lot any time as a
residence whether temporarily or permanently without the written consent of the Architectural
Control Committee.
D. ANIMALS. No animals, livestock or poultry of any kind shall be kept or maintained
on any Lot or in any dwelling except non-violent domestic dogs and cats, or other household
pets, provided they are not kept or maintained for commercial purposes, or in such numbers as to

Book 6617 Page 1210
create a nuisance prohibited by subsection B., above. No dog shall be allowed to run free, nor
shall any dog be housed outside the dwelling. Barking must be controlled.
E. TELEVISION SATELLITE DISHES AND OUTSIDE ANTENNAS. No yard statuary
or TV satellite signal receiving dishes are permitted on any lot and no outside radio or television
antennas shall be erected on any lot or dwelling unit unless and until permission for the same has
been granted by the Architectural Control Committee; provided, however satellite dishes under
18" in diameter which cannot be seen from New Jack Landing are permitted.
F. EXTERIOR LIGHTS. All light bulbs and other lights installed on any fixture located
on the exterior of any building or any lot shall be of clear, white, non -frost or yellow bug bulbs.
G. SIGNS. No signs (other than "for rent" or "for sale" signs of the standard size used in
the community for real estate broker signs advertising the sale of residences) shall be permitted
on any Lot or in the Common Area without permission of the Executive Board, provided,
however the Declarant may, so long as it owns any Lot, maintain for sale signs on Declarant's
Lots and signs on its Lots and in the Common Area generally advertising the subdivision.
H. RECREATIONAL, JUNK AND INOPERABLE VEHICLES. No junk or inoperable
vehicle will be permitted to be kept on any Lot. The Association shall have the right to have all
vehicles towed away at the owner's expense.
I. SUBDIVIDING. Subject to any rights reserved by the Declarant herein, no Lot may be
subdivided, or its boundary lines changed, without the prior express written approval of the
Architectural Control Committee, which approval shall not be unreasonably withheld with
respect to any application to combine two Lots into a single Lot or to combine all portions of one
Lot into two or more other lots in the subdivision.
J. FENCING. To maintain compliance with all stormwater permits, no fencing will be
allowed on, or along, any drainage or access easement between any Lot and any Common Area,
conservative area, or recreation area without the express written consent of the Architectural
Control Committee.
K. IMPERVIOUS SURFACE. It is expressly understood and agreed that each Lot may
have no more than 4892 square feet of impervious surfaces as same are defined by the State of
North Carolina's stormwater rules. The allotted amount includes any built upon areas
constructed within the property boundaries, and that portion of the road right-of-way between the
front Lot line and the edge of the pavement, sidewalk or curb, whichever occurs first. Impervious
materials include, but are not limited to, structures, asphalt, concrete, brick, stone, river stone,
slate, coquina, parking areas, or similar material but do not include raised open wood decking or
the water surface of swimming pools. Built upon area in excess of the permitted amount requires
a state storm water management permit modification prior to construction. This covenant is
intended to ensure continued compliance with stormwater runoff rules adopted by New Hanover
County and the State of North Carolina, and the regulations and requirements of such agencies
may be enforced without any further notice to or permission from Declarant, the Association or
any Lot Owner.

Book 6617 Page 1211
L. BOATS AND RECREATIONAL VEHICLES. No recreational vehicles, boats (except
boats on a trailer for maintenance, storm preparation and recovery, preparation for launch or
preparation for winter storage), motor homes, trucks (except pickup trucks of reasonable size), or
machinery may be kept or stored on any Lot unless garaged or screened, so as not to be viewed
from any other lot, right of way, or road. The Association_ shall have the right to have all
offending boats, trailers or vehicles towed away at the owner's expense.
M. LEASES. No dwelling shall be leased for a period of less than 6 months. No Lot may
be leased, unless a dwelling located thereon is leased for the same term and by the same parties.
N. MODULAR AND MOBILE HOMES. No modular or mobile homes shall be placed
on any lot.
0. EXTERIOR MAINTENANCE. Each Lot Owner shall maintain the exterior of all
buildings, walls, and other improvements on his lot in good condition and repair and shall
replace worn and rotten parts and shall regularly repaint all painted surfaces and shall not permit
the roofs, rain gutters, downspouts, exterior walls, windows, doors, or other exterior portions of
the improvements to deteriorate in an unattractive manner. The maintenance referenced herein
may be supervised and regulated by the Association. If the lot owner shall fail to comply with
these maintenance requirements, the Association is hereby expressly authorized, and the Lot
Owner expressly agrees, that said maintenance and/or repair may be effectuated by the
Association with the expenses incurred for the same to be assessed against the individual Lot
Owner as a special assessment and subject to the regulations regarding liens and assessments as
herein set forth.
P. FUEL TANKS AND GARBAGE RECEPTACLES. All fuel tanks, garbage cans,
antennas, or satellite dishes shall be screened from view from all other Lots, right of ways and
roads. The Declarant/Association shall have the right to enforce all local, state and federal laws
governing construction, operation, use and potential spills associated with fuel tanks of any kind.
Q. MOWING. Every lot owner shall keep his lot mowed regularly and clear of any
unsightly objects and debris. In the event any Lot Owner fails to do so, Declarant, its agent, or
the Association, after notifying Lot Owner, shall have the right to enter the offending property
and mow or clear it at the owner's expense.
R. SLIP COMMERCIAL USE. No commercial use of any kind may be made of any part
or portion of the Community Boat Facilities.
S. MAINTENANCE. Owners are responsible for all maintenance and insurance on their
own watercraft and personal belongings left on the Boat Facilities. The Association is
responsible for maintaining dock structure and utilities. Owners are responsible for
condition/maintenance of individual lifts.
T. SLIP RENTALS. There shall be no slip rentals, unless the associated dwelling unit
and Lot are also rented to the same tenant. No portion of the community pier/dock/slip assigned

Book 6617 Page 1212
to a Lot shall be leased to any person, other than a residential tenant residing on one of the Lots
on a full-time (i.e., no short term rental, or similar program) basis and under a written lease of at
least six -months.
U. LIVING ABOARD. Living on board a boat located within the Community Boat
Facility (or anywhere else within the riparian corridors of any portion of the Property is strictly
prohibited.
V. STORM PREPARATIONS. Every Lot Owner is responsible for storm preparation.
Twenty-four hours prior to forecast tropical storm force or greater winds and any hurricane all
boats or other vessels shall be removed from the Community Boat Facilities, piers/docks/slips.
the Owner of the boat/vessel is responsible for such immediate removal. After oral or written
notice to do so, if the Owner does not immediately remove their boat/vessel, the Declarant, the
Association, or their designee, may, but is not obligated to, remove the boat, and the Owner and
boat owner shall hold the Declarant, and the Association, or their designee, harmless for any
damage occurring to any boat following its removal; indemnify and hold harmless the Declarant
and all other Owners and the Association from all damage or injury resulting from failure to
timely remove their boat/vessel; and shall promptly reimburse Declarant/Association for all
removal costs, if applicable. Failure to make adequate preparation/removal may be the basis for
assessments by the Declarant/Association against such Lot Owner/ Member.
ARTICLE VIII
GENERAL PROVISIONS
Section 1. Enforcement. The Declarant, Association, or any Lot Owner shall have the
right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants,
reservations, easements, liens and charges now or hereafter imposed by the provisions of these
Declarations. Failure by the Declarant, Association or by an Owner or enforce any covenant or
restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.
Section 2. Severability. Invalidation of any one of these covenants or restrictions by
judgment or court order shall in no way affect any other provision that shall remain in full force
and effect.
Section 3. Amendment of Covenants. Except as otherwise provided in.these Declarations,
the terms may not be amended. After the period of Developer Control the terms herein may not
be amended unless seventy-five percent (75%) of the Lot Owners agree to such amendment at a
meeting duly called for the purpose of voting on such changes. Any amendment approved shall
be evidenced by a writing setting out such amendment, which shall be signed by all Lot owners
approving, and which writing shall be recorded in the Registry of New Hanover County. In no
event shall any amendment be effective to remove or modify any of the Declarant's rights
without the written approval of the Declarant. There shall be no changes or amendments to any
part or portion of the Community Boat Facilities or access easements or right of use of the
Community Boat Facilities by any Owner unless unanimously approved in writing by the
Owners of all Lots, except as provided in this Declaration regarding suspension of privileges for
nonpayment dues and assessments.

Book 6617 Page 1213
Section 4. Period of Covenants. All covenants and restrictions contained in these
Declarations shall run with the land and shall be binding on all parties owning Lots, for a period
of twenty years from the date of execution, at which time these Declarations automatically shall
extend for successive periods of ten years, unless by vote of the majority of the then owners of
said Lots not under legal disability, it is agreed to revoke or amend the same. No amendment to
these covenants, conditions and restrictions made during the Declarant Control Period which acts
to the detriment of the Declarant, or their successors or assigns as Declarant, shall be effective
unless assented to expressly in writing by the Declarant or the Declarant's successor and assigns
as Declarant.
Section 5. Arbitration. In the event of any disagreement between the Owners of the Lots
as to what is fair, proper and appropriate, or in the event a quorum cannot be achieved for any
meeting of the Owners, and in order to prevent a stalemate which would result in a detriment to
all concerned parties, it is agreed that any Management matter, dispute or disagreement that can't
be settled to the satisfaction of seventy-five percent (75%) of the Lot Owners within thirty days
will be submitted to binding arbitration in accordance with Arbitration as set forth in North
Carolina General Statute Chapter I Article 45C, the Revised Uniform Arbitration Act, and settled
in that manner.
Section 6. Storm Water. The following covenants are intended to ensure ongoing
compliance with Stormwater Management Permit Number SW8 220506, as issued by the
Division of Energy, Mineral and Land Resources (the "Division") under NCAC 2H.1000,
effective June 7, 2022.
(a) The maximum allowable built -upon area per lot is 4,892 square feet. This allotted
amount includes any built -upon area constructed within the lot property boundaries, and that
portion of the right-of-way between the front lot line and the edge of the pavement. Built upon
area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate,
coquina, but does not include raised, open wood decking, or the water surface of swimming
pools.
(b) The covenants pertaining to storm water regulations may not be changed or
deleted without concurrence of the appropriate local, state and federal regulatory agencies. The
Association shall comply with all orders and requirements mandated in writing by any such
local, state or federal agency.
(c) Filling in, piping or altering any vegetative conveyances (ditches, swales, etc.)
associated with the development except for average driveway crossings, is strictly prohibited by
any persons.
(d) For those Lots within the CAMA Area of Environmental Concern, where DCM
calculates a different maximum BUA, the governing maximum lot BUA shall be the more
restrictive of the two amounts.

Book 6617 Page 1214
(e) Further, filling in, piping or altering any designated curb outlet swale associated
with the development is prohibited by any persons.
(f) The State of North Carolina is made a beneficiary of these covenants to the extent
necessary to maintain compliance with the Stormwater management permit and the CAMA
Permit.
(g) Alteration of the drainage as shown on the approved plan may not take place
without the written concurrence of the appropriate local, state or federal regulatory
agency/agencies.
(h) These Covenants are to run with the land and shall be binding on all persons and
parties claiming under them.
(i) The Covenants pertaining to storm water may not be altered or rescinded without
the express written consent of the State of North Carolina and relevant local, state or federal
regulatory agencies,
0) No lot owner is allowed to pipe or fill in any swale or ditch used to meet the storm
water regulations, except for driveway culverts.
(k) A 50-foot wide vegetative setback must be provided and maintained adjacent to
all surface waters in accordance with 15A NCAC 02H.1004(4) and the approved plans.
(1) All roof drains shall be released no closer than at the edge of the 50-foot wide
vegetated setback and allowed to flow through the setback as dispersed flow. At no time shall
stormwater runoff be piped into or through the setback.
(m) Any individual or entity found to be in noncompliance with the provisions of a
stormwater management permit or the requirements of the stormwater rules is subject to
enforcement procedures as set forth in NCGS 143, Article 21.

Book 6617 Page 1215
New Jack artners, LLC,
BY:
Printed Name: GL VlCI
Title: M4 //J
F1D( deg
State of Pdei r--arolina
County of New l la . ver"-Lc-,Dw�J A
I, a Not Public of the County and State aforesaid, certify that
�\ Caere \4- • -t t i t V-, for New Jack Partners, LLC, known to me or proven by photographic
identification, personally appeared before me this day and acknowledged the voluntary execution
of the foregoing instrument in the capacity indicated.
itne s y nd and offici stamp or seal this day of �uv�.v 2023.
"go-
0 Public
Printed Name:
My commission expires: (� G�\C \ `� O� S>>�����\E CASTS
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Book 6617 Page 1218
TAMMY THEUSCH New Hanover County
PIVER
Register of Deeds Register of Deeds
320 CHESTNUT ST SUITE 102 • WILMINGTON, NORTH CAROLINA 28401
Telephone [phone] • Fax [phone]
State of North Carolina, County of NEW HANOVER
Filed For Registration: 01/17/2023 11:54:06 AM
Book: RB 6617 Page: 1196-1218
23 PGS $54.00
Real Property $54.00
Recorder: KELLIE GILES
Document No: 2023001139
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DO NOT REMOVE!
This certification sheet is a vital part of your recorded document. Please retain with original document and submit
when re-recording.

STATE OF NORTH CAROLINA

COUNTY OF NEW HANOVER
)
)
)
)
)
)
)
)

BEFORE THE NORTH CAROLINA
COASTAL RESOURCES COMMISSION
CRC-VR-22-05

IN THE MATTER OF:
PETITION FOR VARIANCE
BY NEW JACK PARTNERS, LLC

FINAL AGENCY DECISION

On October 4, 2022, Petitioner New Jack Partners, LLC submitted a request for a variance
from the North Carolina Coastal Resources Commission’s (“Commission”) rules at 15A N.C.
Admin. Code 07H .0207(c) and 15A N.C. Admin. Code 07H .0208(a)(2)(G) and (b)(6)(G)(iii) to
construct a community docking facility at its shoreline property located on Masonboro Sound in
New Hanover County. Pursuant to N.C. Gen. Stat. § 113A-120.1 and 15A NCAC 7J .0700, et seq.,
this matter was heard on oral arguments and facts stipulated to by Petitioner and Respondent
Department of Environmental Quality, Division of Coastal Management (“DCM”) at the regularly
scheduled meeting of the Commission on November 17, 2022 in Beaufort, North Carolina.
Assistant General Counsel Christine A. Goebel, Esq. appeared for Respondent DCM. Attorney I.
Clark Wright, Jr. appeared for Petitioner.
When reviewing a petition for a variance, the Commission acts in a quasi-judicial capacity.
Riggings Homeowners, Inc. v. Coastal Resources Com’n, 228 N.C. App. 630, 652, 747 S.E.2d
301, 314 (2013) (Commission has “judicial authority to rule on variance requests [] ‘reasonably
necessary’ to accomplish the Commission’s statutory purpose.”); see also Application of Rea
Const. Co., 272 N.C. 715, 718, 158 S.E.2d 887, 890 (1968) (discussing the Board of Adjustment’s
quasi-judicial role in allowing variances for permits not otherwise allowed by ordinance). In its
role as judge, the Commission “balance[es] competing policy concerns under CAMA’s statutory
framework.” Riggings, 228 N.C. App. at 649 n.6, 747 S.E.2d at 312.

2

Petitioner and Respondent DCM are the parties appearing before the Commission. The
parties stipulated to facts and presented relevant documents to the Commission for its
consideration. See, N.C. Admin. Code 15A 07J .0702(a). If before coming to the Commission the
parties had been unable to reach agreement on the facts considered necessary to address the
variance request, the matter would have been forwarded to the North Carolina Office of
Administrative Hearings (“OAH”) for a full evidentiary hearing to determine the relevant facts.
Id. 07J .0702(d). As in any court, the parties before the decision-maker are responsible for
developing and presenting evidence on which a decision is made. If DCM and Petitioner had
entered into other stipulated facts, it is possible that the Commission would have reached a
different decision. In this case, the record on which the Commission’s final agency decision was
made includes the parties’ stipulations of facts, the documents provided to the Commission, and
the arguments of the parties.
FACTS STIPULATED TO BY PETITIONER AND DCM
1. Petitioner is New Jack Partners, LLC, a North Carolina Limited Liability Company
organized in 2021. Nancy Grier is both the Registered Agent and a Member according to the
Articles of Organization, a copy of which was provided to the Commission as a stipulated exhibit.
2. Petitioner acquired title to the relevant property by means of a General Warranty
Deed, dated September 28, 2021, recorded in Book 6505, Page 533, New Hanover County
Registry. The Property is further described as 4601 New Jack Road and 4607 New Jack Road,
Wilmington, New Hanover County, NC (“The Property”). A copy of this deed was provided to
the Commission as a Stipulated Exhibit.
3. On April 22, 2022, Petitioner transferred title to New Tract 1, shown as 1.059 acres

3

identified on a certain Plat Map entitled “Lot Recombination for New Jack Partners, LLC” by
James A. Lewis, PLS, dated March 10, 2022 and recorded in Map Book 71, Page 227, New
Hanover County Registry. The General Warranty Deed documenting the transfer of title to
Property Company 3, LLC is dated April 22, 2022 and is recorded in Book 6565, Page 939, New
Hanover County Registry. New Tract 1 was the northern-most area of the New Jack land. Copies
of this recorded deed and the Lot Recombination Map were provided to the Commission as
Stipulated Exhibits.
4. For the remainder of these Stipulated Facts, the term “The Property” shall refer to
the remaining portions of the New Jack Landing Subdivision, which Petitioner is planning to
subdivide into four lots, served by a single community pier and docking facility. The Property is
bounded by Masonboro Sound to the east, which in this location is also the Atlantic Intracoastal
Waterway (“AIWW”). The Property is also bounded by New Lot 1 to the north, New Jack Road
to the west, and three properties to the south, including 4613 New Jack Road (Malpass), 4615
Serenity Point Road (Olatidoye), 4619 Serenity Point Road (Wilson), 4623 Serenity Point Road
(Shamp Family Trust), and 4627 Serenity Point Road (owned by Olatidoye).
5. The Property is currently developed with a 2,657 square foot residence built in
1980, which is currently rented. The Property is also developed with an approximately 200-foot-
long pier and dock facility with two boat slips. The current pier was developed pursuant to CAMA
General Permit No. 60725D issued on September 13, 2012 and authorizing a 10-foot by 10-foot
platform, an L-Head floating dock and a 117-foot-long pier as measured from the waterward extent
of the wetlands (and 163-foot as measured from normal high water (NHW)). On August 6, 2015,
a second slip with a lift was added to make it a two-slip pier through CAMA General Permit No.

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64785D. Copies of these two permits were provided to the Commission as Stipulated Exhibits.
6. Petitioner intends to remove the existing residence, pier, and docks. After removal,
Petitioner is planning to redevelop The Property with four residential home sites not included in
this permit application. The subject of this permit application and variance is the proposed shared
community pier and docking facility designed to accommodate four boats, with lifts, a gazebo and
fifth slip for a kayak/canoe launch-loading/unloading area as depicted in the application materials
discussed below.
7. The proposed project involves proposed development within the Estuarine Waters,
Coastal Wetlands, Estuarine Shoreline and Public Trust Areas of Environmental Concern
(“AEC”). There are Coastal Wetlands AECs along the shoreline, as seen in aerial photos provided
to the Commission. Per N.C.G.S. § 113A-118, a CAMA permit is required for development
proposed in an AEC.
8. The Public Trust waters of Masonboro Sound in the area of the proposed project
are classified as Outstanding Resource Waters (SA-ORW) by the Environmental Management
Commission and are designated as Primary Nursery Area (PNA) by the Marine Fisheries
Commission. These waters are closed to the harvest of shellfish. There are no known SAV or
shellfish beds within the footprint of Petitioner’s proposed community docking facility. The mean
tidal amplitude as measured at the Wrightsville Beach tidal gauge is approximately 4 feet.
9. The shoreline of Masonboro Island, located to the east across Masonboro Sound
and the AIWW from The Property, consists of a series of spoil islands and barrier islands, and is
part of the North Carolina Coastal Reserve’s Masonboro Island Reserve. As it is part of the
Reserve, development of this shoreline is limited. There are no piers or docks present along this

5

shoreline.
10. The shoreline of The Property is concave or cove-like in shape. The cove shoreline
is shared by six riparian property owners north of The Property up to Sound View Road.
Immediately south of The Property is a residential property known as the Serenity Point
condominiums. Serenity Point is served by a community pier and eight slip docking facility. South
of Serenity Point’s pier are two additional piers as well as a spit of land where Channel Haven
Road dead-ends. Aerial photographs depicting the cove area, including The Property, the
properties to the north, and the Serenity Point community pier and docking facilities to the south
(as well as the two additional piers to the south) were provided to the Commission as Stipulated
Exhibits.
11. The current pier on The Property ends at a channel which follows the concave
shoreline to the north and to the south of The Property. This channel is located landward of a
sandbar shown on the project survey. DCM Field Representative Bryan Hall notes depths in the
channel of two feet to three feet in his field report, and states “Vessels associated with these
docking facilities [to the north of The Property] use the back channel to access the AIWW to the
northeast. The southern extent of the back channel south of the existing docking facility at 4601
New Jack Road appears to have begun shoaling in and no longer provides vessel access to the
AIWW, however it appears to be navigable at high tide.” Mr. Hall’s Field Investigation Report
concludes by stating that “DCM recommends a bridged section approximately 170 linear feet
waterward of the edge of the waterbody to preserve historical navigation. The proposed structures
would accommodate up to five (5) vessels at this location within water depths of approximately -
three to four feet relative to NLW. The nearest docking facility is approximately 70 feet to the

6

south. There are potential navigation impacts for canoes/kayaks without a bridged section over the
historic back channel.”
12. The Serenity Point community pier and eight slip docking facility was permitted by
DCM in 2014 pursuant to a Variance Order issued by the Commission to COBA Ventures, LLC
on March 24, 2014. Facts found by the Commission in that Variance Order state that the 8-slip 4-
finger community pier and docking facility extends approximately 315 feet, or approximately 72
feet beyond the ¼ width of Masonboro Sound. Fact 8 in the Variance Order notes that “Located
within this cove is a natural channel, which restricts the location of the existing docking facilities
along this cove to the edge of deep water.” A copy of the March 24, 2014 COBA Ventures, LLC
Variance Order and the Coba Ventures Major Permit was provided to the Commission as a
Stipulated Exhibit, as was the subsequently issued CAMA permit. The proposed community pier
and docking facilities are proposed to be located within approximately 70 feet of the Serenity Point
docking facility.
13. On the six parcels north of The Property to Sound View Road, there are five existing
piers and one short, visibly damaged dock. Copies of permits for these piers were provided to the
Commission as Stipulated Exhibits. The permitting details of these five properties and piers are:
 175 Whipporwill Lane, owned by the McCormicks has a pier.
 174 Sound View Drive, owned by the Edwards has a pier.
 184 Sound View Drive, owned by the Browns has a pier.
 185 Sound View Drive, also owned by the Browns, has a pier and a visibly damaged
dock shown on the GIS photos
 185 Sound View Drive, owned by the Soundview Property Owners Association,
has a pier and boat ramp at the end of Sound View Drive.

14. Just north of the cove area and Sound View Road is an existing community pier
and docking facility, with the address of 195 Sound View Road. This structure is owned by Jean-

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Claude Corbi, of the Sound View Boat Owners Association, which manages this pier and docking
facility on behalf of the owners of four lots in the Sound View subdivision. This community pier
and docking facility extends eastward into the public trust waters of Masonboro Sound
approximately 211 feet measured from edge of wetlands to waterward end of the pier (and
approximately 300 feet as measured from normal high water NHW). This existing pier and dock
are visible in aerial photographs provided to the Commission as Stipulated Exhibits. Mr. Corbi has
written a letter dated July 28, 2022 describing this community pier and docking facility and stating
that he does not oppose Petitioner’s proposed community pier and docking facility. A copy of this
permit was also provided to the Commission as a Stipulated Exhibit.
15. In furtherance of its redevelopment plans, Petitioner recorded a recombination plat
of The Property, resulting a creation of a single parcel of land capable of being further subdivided
into four new residential lots, each containing a single home site set back more than 50 feet from
the shoreline. This plat, dated March 10, 2022, is recorded in Map Book 71, Page 227, New
Hanover County Registry. A copy was provided to the Commission as a Stipulated Exhibit.
16. Attached as Stipulated Exhibits to the PowerPoint are a series of six Google Earth
aerial photographs depicting The Property and surrounding areas as they existed on different dates,
ranging from February 2, 1993 to September 2, 2021. These aerial photographs are attached to the
October 4, 2022 Letter by Nancy Grier on behalf of, and as agent for, Petitioner.
17. Before a complete CAMA Major Permit application was submitted, on October 25,
2021, a Scoping Meeting was conducted. The following people/agencies were present: DCM,
Division of Marine Fisheries, Wildlife Resources Commission, Division of Water Resources,
Division of Energy, Minerals and Land Resources-Stormwater from the state and the Corps,

8

National Marine Fisheries Service. Immediately prior to this meeting, Petitioner’s surveyor sent
draft site plans. Many resource agency personal participating in the zoom meeting were not able
to view them. The plans show a proposed pier extending beyond the sand bar to reach deeper water
and expanding the number of permitted slips from two to five to serve five subdivided lots. The
discussion at the scoping meeting focused on Petitioner’s plan for a longer pier over the channel
and closer to the AIWW to create a community pier and docking facility to serve five subdivided
lots. Representatives of DMF, WRC and DWR all raised concerns about what was the purpose and
need for the longer pier as there was an existing pier on The Property. Mr. Hall recalls that Mr.
Riggs suggested the idea of having the pier near the southern shoreline of The Property. DCM
District Manager Tara MacPherson emailed Mr. Riggs on October 27, 2021 and stated “We have
seen the water depths in the back channel and there appears to be sufficient water to support a
docking facility. Any proposals to go out over it to the AIWW that exceed the ¼ width would have
to be denied by rule and pursued by CRC Variance.” A copy of Mr. Hall’s scoping meeting notes
was provided to the Commission as a Stipulated Exhibit, as is Ms. MacPherson’s email.
18. During the Scoping Meeting, Petitioner’s surveyor Charles Riggs presented the
results of a hydrographic survey confirming the existence of a sand bar and water depths ranging
from less than -1 to -2.3 feet NLW in the area near the existing pier and docks located on The
Property, though it was not viewable by the Corps, NMFS and other resource agencies at that
meeting. A copy of Petitioner’s hydrographic survey contained in the CAMA Permit Application,
which was provided to the Commission as a Stipulated Exhibit.
19. On or about February 9, 2022, Petitioner sent notice to adjacent riparian property
owners of its intent to submit a CAMA permit application seeking approval for its proposed

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community pier and docking facilities, including Mr. McCormick (Property Company 3, LLC to
the north), Ms. Malpass, and four Serenity Point owners for 4615, 4619, 4623 and 4627 Serenity
Point. In its notice letter, Petitioner included copies of the proposed subdivision plat and an aerial
view of the cove overlain with a detailed drawing of the proposed community pier and docking
facilities. Copies of the certified mail receipts and tracking information documenting delivery of
such notices were provided to the Commission as a Stipulated Exhibit.
20. Adjacent Riparian Property Owner (north side) Property Company 3, LLC, owned
and controlled by Mr. James McCormick, responded stating no objections to the proposed project
and, in his amended riparian notice form dated February 26, 2022, waiving the 15-foot riparian
setback between his property and The Property. A copy of this signed Adjacent Riparian Property
Owner Notification/Waiver Form, dated February 26, 2022, was provided to the Commission as a
Stipulated Exhibit.
21. Adjacent Riparian Property Owner (south side) COBA Ventures, LLC 4616
Serenity Point Road (containing the Serenity Point Community Docking Facility), acting through
its representative Dr. Babatunde Olatidoye, submitted a form stating no objections and did not
waive the 15-foot riparian setback. A copy of this signed Adjacent Riparian Property Owner
Notification/Waiver Form, dated February 14, 2022, was provided to the Commission as a
Stipulated Exhibit.
22. Property Owner (south side) 4615 Serenity Point Road, acting through its owner
Dr. Babatunde Olatidoye, submitted a form stating no objections and not waiving the 15-foot
riparian setback. (Petitioner notified this Property Owner due to its rights to the Serenity Point
Community Docking Facility.) A copy of this signed Adjacent Riparian Property Owner

10

Notification/Waiver Form, dated February 14, 2022, was provided to the Commission as a
Stipulated Exhibit.
23. Property Owner (south side) 4619 Serenity Point Road (Wilson) was notified by
Petitioner due to its rights to use and enjoy the Serenity Point Community Docking Facility. No
riparian notice form was returned by this property owner.
24. One person Mr. Jason Shamp of 4623 Serenity Point Lane (commenting as part of
the Shamp Family Trust) submitted an objection to DCM. Mr. Shamp asked that the proposed
community pier and docking facilities be located where the existing pier is located, expressed
privacy concerns regarding visibility into his home, and expressed concerns regarding the small
size of the drawing attached to his notice letter. A copy of Mr. Shamp’s objection letter was
provided to the Commission as a Stipulated Exhibit.
25. In response to Mr. Shamp’s concerns regarding the size of the drawing, on March
19, 2022, Petitioner emailed Mr. Shamp multiple digital files of the project drawings, which could
be enlarged.
26. Adjacent Riparian Property Owner (south side) 4627 Serenity Point Road, acting
through its owner Dr. Babatunde Olatidoye, submitted a form stating no objections and not
waiving the 15-foot riparian setback. A copy of this signed Adjacent Riparian Property Owner
Notification/Waiver Form, dated February 14, 2022, was provided to the Commission as a
Stipulated Exhibit.
27. On April 20, 2022, DCM Field Representative Bryan Hall signed a letter to
Petitioner’s Registered Agent/Member acknowledging receipt of a complete CAMA permit
application on April 11, 2022. A copy of this letter, including the required notice sign to post, was

11

provided to the Commission as a Stipulated Exhibit.
28. According to Petitioner, the CAMA Notice Sign was posted on The Property on
April 26, 2022. A photograph documenting the posting of this notice was provided to the
Commission as a Stipulated Exhibit.
28. On April 25, 2022, notice of the proposed development was published in the
Wilmington Star News.
29. Petitioner is proposing the removal of the existing two-slip dock and development
of a new five-slip community dock, with one slip assigned to each of the four lots on The Property
as well as a kayak launch slip. The proposal includes the development of:
 A 6-foot by 650-foot pier/walkway with 465 feet extending past normal high water
 A 6-foot by 86-foot fixed T-head
 Two 6-foot by 24-foot finger piers
 A 31-foot by 8-foot floating platform with a slip for loading and launching kayaks
with a 4-foot by 8-foot ramp
 A 20-foot by 20-foot covered gazebo
 Four 12-foot by 12-foot boat lifts

30. Petitioner’s proposed community pier and docking facilities do not extend into the
AIWW channel or the AIWW 80-foot setback boundaries, as shown on an aerial photograph
overlain with these lines, a copy of which was provided to the Commission as a Stipulated Exhibit.
31. Petitioner is proposing to increase the number of existing boat slips serving The
Property from two to five (four plus the kayak launch slip), and adding motorized boat lifts, a
gazebo and loading/unloading area. Each slip will be assigned to a single platted lot.
32. The water depths shown on the application materials are mostly -1.5 feet to -2 feet
NLW by the proposed community pier and docking facility, including portions of the channel. The
waterward end of the proposed community docking facility are at depths of -3 feet to-4 feet NLW.

12

33. A copy of Mr. Hall’s Field Investigation Report dated April 20. 2022, which
describes the site of the proposed development as well as the proposed project, was provided to
the Commission as a Stipulated Exhibit. This Field Report was included with the permit
application materials circulated to the commenting agencies. Regarding the channel, Mr. Hall
recommends that the pier bridge over the existing navigable channel, though that was not proposed
by Petitioner because Petitioner was not made aware of the recommendation at the time the
application was submitted. On June 16, 2022, Petitioner committed to a bridge section of the pier
to accommodate canoes and kayaks.
34. The proposed pier exceeds further than both the ¼ width and 1/3 of the waterbody.
Per 15A N.C. Admin. Code 07H .0208 (b)(6)(H) DCM Staff measured the width of the waterbody
at the site of the proposed pier to be 1104 feet across and length of the proposed community pier
and docking facility waterward of coastal wetlands to be 495.9 feet or 45 percent of the width of
the waterbody at this location.
35. On June 6, 2022, Ms. Holly Snider, acting on behalf of the Division of Water
Resources, issued a concurrence letter stating that no further authorization or approval was
necessary from DWR for the proposed community pier and docking facilities. A copy of this
concurrence letter was provided to the Commission as a Stipulated Exhibit.
36. Also on June 6, 2022, Ms. Kimberlee Harding, acting on behalf of the Division of
Marine Fisheries, submitted comments on the proposed project. These comments raised concerns
about blocking the existing channel for navigation and suggested adding a bridge component to
any permitted pier to allow navigation through the channel. A copy of the WRC comments was
provided to the Commission as a Stipulated Exhibit.

13

37. On June 7, 2022 Ms. Christine Hall, acting on behalf of the Division of Energy,
Minerals, Land Resources, issued Post Construction Stormwater Management Permit No. SW8
220506 to Petitioner authorizing construction, operation, and maintenance of the built upon areas
depicted on the plans and drawings submitted by Petitioner, which set a limit on Built Upon Area
(BUA) for The Property to no more than 4,892 square feet. A copy of this permit was provided to
the Commission as a Stipulated Exhibit.
38. On June 16, 2022, Ms. Maria Dunn, acting on behalf of the Wildlife Resources
Commission, submitted comments on the proposed project. These comments recommended
conditions be placed on a permit to prohibit construction during the winter to protect PNA
resources, adding a bridge component to any permitted pier to allow navigation through the
channel, and a legal document preventing other piers from being developed on The Property. A
copy of the WRC comments was provided to the Commission as a Stipulated Exhibit.
39. All other reviewing agencies either had no comments or indicated no opposition to
issuance of a CAMA permit for the community pier and docking facilities described in the CAMA
Permit Application.
40. On June 24, 2022, Mr. James McCormick, owner of Property Company 3, LLC to
the north of The Property prepared and signed a letter addressed to Nancy Grier, managing partner
for Petitioner indicating his belief that: (1) “historically boaters to the north of your property do
not head south in our channel to access the intracoastal;” (2) “there is a sandbar between our inside
channel and the intracoastal which extends south which makes accessing the intracoastal to the
south extremely challenging since it is very, very tidal;” and (3) “protecting the inside channel is
extremely important to us because it is our primary route north, around the sandbar and into the

14

intracoastal; and it is our understanding your proposed footprint to the extreme southern end of
your property boundary line will have no significant impact to the water flow or navigation into
our channel.” Mr. McCormick then closed his letter by stating “I am in full support of your
proposed plan.” DCM Staff have not been able to verify these signed but un-sworn statements
made by Mr. McCormick, or to cross-examine him, so the parties did not stipulate to the truth of
these statements.
41. Also on June 24, 2022, Petitioner’s Registered Agent and Member Ms. Nancy Grier
addressed a letter to DCM attaching the McCormick letter. Ms. Grier stated that for two years Mr.
McCormick has resided at 175 Whippoorwill Lane, immediately adjacent to the north of the NJP
property, that she called Mr. McCormick and shared with him the contents of the comments
provided to DCM by Kimberlee Harding (NCDMF) and Maria Dunn (NCWRC); that she then
asked Mr. McCormick for assistance in addressing the navigation concerns raised in those agency
comments; that she was attaching the June 24, 2022 letter written by Mr. McCormick; that her
personal observations confirmed Mr. McCormick’s conclusions; asking that a copy of her letter
and the McCormick letter be included in the Petitioner’s CAMA permit file; and affirming the
willingness of Petitioner to design its proposed community pier and docks “such that typical
canoes/kayaks can pass under in normal water conditions.” A copy of Ms. Grier’s letter was
provided to the Commission as a Stipulated Exhibit.
42. On July 20, 2022, DCM Denied Petitioner’s CAMA Major Permit Application. A
copy of DCM’s denial letter was provided to the Commission as a Stipulated Exhibit. The denial
was based on the proposed project’s inconsistency with 15A N.C. Admin. Code
07H.0208(b)(6)(G)(iii) regarding pier lengths and 15A N.C. Admin. Code 07H.0208(a)(2)(G)

15

regarding jeopardizing the use of public trust waters for navigation or other public trust rights.
43. On August 2, 2022, Mr. Matt Conner, renter of the existing home located at 4607
New Jack Road on The Property since early spring of 2022, and prior to that frequent user of the
waters in the cove area sent a letter addressed to the CRC stating that he is familiar with and
regularly boats in the waters in and around the cove, that he has received copies of the plans for
the proposed community pier and docking facilities, and that he has been informed that Petitioner
will need a variance to construct the proposed facilities. Mr. Conner then states that he supports
the variance request, that he has specific knowledge and information indicating no significant
navigation impacts, that the historic inner channel “is very tidal and becomes very shallow at low
tides,” that in his experience boats enter and exit the channel only from the north, and that the
proposed facilities “will not impede access to the ICW or other deeper waterways, nor will it limit
navigation on the ICW or the Historic Channel.” Mr. Conner closes his letter by stating that “by
extending the New Jack dock out further, it will allow users to reach water depths needed at low
tides to safely take boats out further, it will allow users to reach water depths needed at low tides
to safely take boats in and out, preventing boats from running aground, and preventing damage to
the bottom and marine resources living there especially at low tides.” A copy of this letter was
provided to the Commission as a stipulated Exhibit. DCM Staff have not been able to verify these
signed but un-sworn statements made by Mr. Conner, or to cross-examine him, so the parties did
not stipulate to the truth of these statements.
44. On August 4, 2022, Mr. Coleman Robinson, Construction Coordinator for Mark
Johnson Custom Homes, prepared and signed a letter addressed to the CRC supporting Petitioner’s
Variance Request. In his letter, Mr. Robinson states that he is renting a boat slip at 4607 New Jack

16

Road and is very familiar with the Cove area surrounding the (existing) dock. He states in his letter
he has seen the drawings, maps, and plans for the proposed “new Jack Dock” and supports the
variance request, that he has specific knowledge and information indicating no significant
navigation impacts, that the historic inner channel has a “sandbar in front of the existing dock,
which in low tide is too shallow to come across. Boaters need to come from the north and hug the
shoreline in order to get to the property without hitting bottom.” A copy of this letter was provided
to the Commission as a Stipulated Exhibit. According to Ms. Grier, Mr. Robinson has rented
portions of the house at 4607 New Jack since early spring of 2022. Ms. Grier also indicated that
Mr. Robinson has informed her that he has been using the waters in the area for at least the past
five years. DCM Staff have not been able to verify these signed but un-sworn statements made by
Mr. Robinson or to cross-examine him. The parties did not stipulate to the truth of these statements.
45. On August 12, 2022, Licensed Merchant Mariner John Theodorakis prepared and
signed a letter addressed to the CRC stating that he had reviewed the plans for Petitioner’s
proposed community pier and docks, as well as information regarding water depths and aerial
photographs, and that on that basis it is his opinion that these structures “should not obstruct
navigation into or out of the historic channel at The Property or adversely affect navigation in the
ICWW.” A copy of this letter was provided to the Commission as a Stipulated Exhibit. DCM Staff
have not been able to verify these signed but un-sworn statements made by Mr. Theodorakis, or to
cross-examine him, so the parties did not stipulate to the truth of these statements.
46. On November 4, 2022, Ms. Grier addressed a letter to the Commission and DCM
Director Braxton Davis in which Ms. Grier, speaking on behalf of Petitioner states that Petitioner’s
members relied on the statements made by Mr. Riggs and others that the proposed community pier

17

and docking facilities could be permitted under applicable CAMA rules. In her letter, Ms. Grier
also states that Petitioner’s members intend to record covenants governing the use of The Property
in which all purchasers of lots within the New Jack Landing subdivision will be prohibited from
constructing any individual piers or docks on such lots. The four Lots to be served by the
community pier and docking facilities each will be assigned one slip and motorized lift, and all
will have common use of the Gazebo, Kayak Launch and Day Dock. Petitioner contends that the
proposed community pier and docking facilities are an integral part of Petitioner’s efforts to assure
the low impact character of The Property by assuring that lot purchasers will honor low impact
requirements by using a single community pier and docking facility, and not building any
individual piers and docks. A copy of Ms. Grier’s letter was provided to the Commission as a
Stipulated Exhibit. DCM Staff have not been able to verify these signed but un-sworn statements,
or to cross-examine Ms. Grier, so the parties did not stipulate to the truth of these statements.
47. On November 3, 2022 Petitioner’s surveyor Charles Riggs addressed a letter to the
Commission and DCM Director Braxton Davis in which he describes his involvement in the New
Jack Landing project, including his recommendation that the proposed community pier and
docking facilities be located at the southern end of The Property, near the existing Serenity Point
community pier and docks. In his letter, after describing his professional background and the
background history of The Property, Mr. Riggs states that he informed Petitioner that, in his
opinion, the areas around the existing pier and dock were too shallow and the channel too narrow
to accommodate the proposed new community pier and docking facilities. Mr. Riggs also states
that the first time he was able to review Mr. Hall’s Field Investigation Report was June 13, 2022.
The parties did not stipulate to the truth of these statements.

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48. Petitioner solicited and received additional letters of support addressed to the
Commission from: (i) Boat Captain Sam Cleary, Dockmaster at the Wrightsville Beach Marina;
(ii) Mr. Charlie Smith, owner of Wilmington Marine Construction; and (iii) Captain Devin
Anderson, owner of a boat docked nearby at Inlet Watch. All three stated that they were familiar
with the cove area and that they support Petitioner’s Variance Request. These letters were not
provided to the Commission as Stipulated Exhibits; however, the fact that they support Petitioner’s
Variance Request is a Stipulated Fact.
49. A copy of an excerpt from the New Hanover County GIS map depicting the various
properties located within the cove area was provided to the Commission as a Stipulated Exhibit
for illustrative purposes.
50. On November 2, 2022, Petitioner’s agent Nancy Grier wrote an email addressed to
the Commission attaching an illustrated drawing by Architect Michael Kersting depicting a
proposed layout of the four homesites and community pier and docking facilities. A copy of this
email and attached drawing were provided to the Commission as a Stipulated Exhibit for
illustrative purposes only.
51. Petitioner New Jack Partners, LLC stipulates that its proposed community pier and
dock facilities as defined in its amended CAMA permit application are inconsistent with 15A N.C.
Admin. Code 07H.0208(b)(6)(G)(iii) and 15A N.C. Admin. Code 07H.0208(a)(2)(G).
52. Notice of this Variance Request has been provided to the adjacent riparian property
owners, and a copy was provided to the Commission as a Stipulated Exhibit attached. As of the
time of mailout, no objections have been received by DCM/CRC in response to such notices. The
Commission has not received any objections to the variance request.

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53. Some nearby property owners have communicated in writing that they support the
proposed project (Property Company 3, LLC – James McCormick to the north; Dr. Olatidoye on
behalf of Serenity Point’s Association and individually to the south). In addition, the northern
adjacent riparian property owner has waived the 15-foot riparian setback.
54. A PowerPoint presentative with vicinity map, aerial photographs, and copies of
existing, permitted developments was provided to the Commission as a Stipulated Exhibit.
55. Petitioner is represented by attorney I. Clark Wright, Jr. of Davis Hartman Wright
LLP, New Bern, North Carolina. The Division of Coastal Management is represented by DEQ
Assistant General Counsel Christine Goebel.
EXHIBITS PROVIDED TO THE COMMISSION BY PETITIONER AND DCM
1. New Jack Partners, LLC Articles of Organization
2. Deed into New Jack Partners, LLC at 6505/533
3. Deed selling New Tract 1 to Property Company 3, LLC at 6565/939
4. New Jack recombination map at Map Book 71/227
5. Current Pier CAMA Permits #60725D (2012) and #64785D (2015)
6. 2014 COBA Ventures, LLC Variance Order and Major Permit with the 7-12-13
hydrographic survey
7. CAMA Permits for 175 Whipporwill Lane
8. CAMA Permit for 174 Sound View Drive
9. CAMA Permit for 184 Sound View Drive
10. CAMA Permit for 185 Sound View Drive
11. CAMA Permit for 185 Sound View Drive
12. Jean Claude Corbi Letter of 7-28-22
13. Preliminary plans dated 8-5-21 with piers at both existing location and new location
13. Mr. Hall’s scoping meeting notes
14. Ms. MacPherson’s email of 10-27-21
15. CAMA Major Permit application materials including Hydrographic Survey
16. Six Application Notice letters, mailing receipts and tracking information
17. McCormick signed ARO Notice/Waiver Form
18. COBA Ventures/Serenity Point Notice/Waiver Form from Dr. Olatidoye
19. Dr. Olatidoye Signed Notice/Waiver Forms for two properties (4627 and 4615)
20. Jason Shamp Objection Letter
21. Mr. Hall’s Complete Application Letter
22. Photograph of Posted Notice

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23. Aerial showing Corps channel/setback lines
24. Mr. Hall’s Field Investigation Report
25. DWR’s 401 General Certification letter from Ms. Snyder
26. DMF’s Comment letter from Ms. Harding
27. DEMLR’s Comment stormwater permit from Ms. Hall
28. WRC’s Comment letter from Ms. Dunn
29. McCormick letter of support dated 6-24-22
30. Ms. Grier’s letter dated 6-24-22
31. DCM Permit Denial Letter dated 7-20-22
32. Connor letter of support, August 2022
33. Robinson’s letter of support dated 8-4-22
34. Theodorakis letter of support dated 8-12-22
35. Ms. Grier’s letter dated November 4, 2022 plus invoice
36. Surveyor Riggs’ letter dated November 1, 2022
37. Ms. Grier’s letter dated November 2, 2022 attaching illustrative site plan drawing
38. Variance Notice letters with certified mailing information
38. PowerPoint containing aerial, ground and historic Google Earth photos

CONCLUSIONS OF LAW
1. The Commission has jurisdiction over the parties and the subject matter.
2. All notices for the proceeding were adequate and proper.
3. Petitioner has met the requirements in N.C.G.S. § 113A-120.1(a) and 15 NCAC
07J .0703(f) which must be found before a variance can be granted as set forth below.
a. Strict application of the Commission’s rules will cause unnecessary
hardships.

The Commission affirmatively finds that strict application of the Commission’s rules
would cause Petitioner unnecessary hardship. The Commission’s rules found at 15A N.C. Admin.
Code 07H .0208(b)(6)(G)(iii) and .0208(a)(2)(G) and its management objective protecting the
public’s right to navigate and recreate in Public Trust Areas (found at 15A N.C. Admin. Code 07H
.0207(c) are designed to ensure that development within the coastal shorelines does not impede
navigation and that development is compatible with and does not harm the biological and physical
functions of the shoreline system. Without the variance, Petitioner would not be able to build the

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proposed community docking facility on The Property. Therefore, the strict application of this rule
would cause Petitioner hardship.
Immediately south of The Property is Serenity Point condominium development, owned
by COBA Ventures, LLC, which has an eight-slip community docking facility extending water
ward approximately 315 feet into the navigable waters of Masonboro Sound. This distance exceeds
the one quarter waterbody width limit contained in 15A N.C. Admin. Code 07J.0208(b)(6)(G).
This community docking facility was permitted following the Commission’s February 26, 2014
Final Agency Decision granting COBA Ventures, LLC’s request for a variance. At the time it
purchased The Property on or about October 22, 2021, New Jack Partners was aware that the
Serenity Point eight-slip community docking facility had been permitted and built, and that there
were two other existing pier/dock structures extending a similar distance water ward into the
waters of Masonboro Sound. The Petitioner has agreed to prohibit individual piers and docks on
The Property and limit riparian access on The Property to one community docking facility.
Prior to and after its purchase of The Property, New Jack Partners and its
consultants/surveyor interacted with a number of local and state agencies who indicated support
for the construction of the proposed community docking facility. Specifically, New Jack Partners
received New Hanover County approval for its four-home site redevelopment plan; a plat depicting
the four residential lots was recorded in Map Book 71 at Page 229, New Hanover County Registry.
New Jack Partners also received LID stormwater authorizations from New Hanover County, as
well as from North Carolina Division of Water Resources.
The Commission affirmatively finds that Petitioner has shown that the hardship caused by
denying a permit for the proposed development is unnecessary insofar as the Commission can

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protect navigation and the shoreline system through a condition on the variance allowing a
community pier and prohibiting development of individual piers on the four lots which are planned
for The Property. For these reasons, the Commission affirmatively finds that Petitioner has met
the first factor without which a variance cannot be granted.
b. Petitioner has demonstrated that the hardship results from conditions peculiar
to Petitioner's property.

The Commission affirmatively finds that Petitioner has demonstrated that the hardship
results from conditions peculiar to the property. Specifically, The Property has an irregular
concave shoreline. The Property is located at the southern end of the area’s cove-like shoreline
configuration. and the submerged lands located immediately in front of The Property have
significantly silted in during the past decade. At lower tides, the silting limits the use of the existing
pier and dock on The Property. Access to and from navigable waters outside the cove from The
Property is reached by traveling north. Another condition peculiar to The Property is the presence
of dredge spoil islands directly across from the location of the proposed community docking
facilities which narrows the width of the water body. These spoil islands are unlikely to be
developed with piers and docks.
The Commission affirmatively finds that Petitioner has shown that the hardship is caused
by conditions peculiar to the property and that Petitioner has met the second factor without which
a variance cannot be granted.
c. Petitioner has demonstrated that the hardship does not result from its actions.

The Commission affirmatively finds that Petitioner has demonstrated that the hardship does
not result from actions taken by the Petitioner. Specifically, New Jack Partners is not responsible
for the natural siltation and sand bar formation. Nor is New Jack Partners responsible for the

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shoreline configuration and its impact on the application of the relevant CAMA use standards. For
these reasons, the Commission affirmatively finds that Petitioner has demonstrated that it has met
the third factor required for a variance.
d. Petitioner has demonstrated that with the imposition of a condition limiting
riparian access to a community dock, the proposed variance is consistent with
the spirit, purpose, and intent of the Commission’s rules, will secure public
safety and welfare, and will preserve substantial justice.

The Petitioner has demonstrated (a) that the requested variance is consistent with the spirit,
purpose, and intent of the Commission’s rules, (b) that it will secure public safety and welfare, and
(c) that it will preserve substantial justice. The principal purposes of the Commission’s quarter-
width rule and rule protecting the use of public trust AECs is to limit impacts to navigation and to
protect the coastal shoreline.
The Commission notes that Petitioner has agreed to include in recorded covenants for The
Property a prohibition against the construction of individual piers and docks on any subdivision of
The Property enforceable by DCM. In addition, Petitioner’s design for the community pier
includes a bridge allowing kayaks, canoes, and paddleboards to travel under the pier to protect
navigation in the near shore area. The Commission also recognizes that the area across from the
proposed pier is unlikely to be developed. As a result, it is likely that as contemplated by the
quarter-width rule, half the water body will remain open to public trust uses. Petitioner has also
agreed to limit impervious surface development to less than 12.5 percent. Based on the specific
facts of this case, the Commission affirmatively finds that the proposed low density LID compliant
subdivision served by a single community pier and docking facility is consistent with the spirit,
purpose, and intent of applicable CAMA rules, use standards and statutory requirements.
The second assessment to be made is whether the variance proposed by the Petitioner will

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impact public safety and welfare. Petitioner submits, and the Commission agrees that the proposed
development, if granted a variance subject to the proposed conditions, will have no adverse effect
on public safety and welfare.
Finally, the Commission agrees that a variance will preserve substantial justice by allowing
a community docking facility in place of four individual piers or docks on the coastal shoreline of
The Property.
For these reasons, the Commission affirmatively finds that Petitioner has met the fourth
factor required by N.C.G.S. § 113A-120.1(a) as long as the proposed development is permitted to
include the conditions set forth below.
ORDER
THEREFORE, the requested variance from 15A N.C. Admin. Code 07H. .0207(c) and
.0208(a)(2)(G) and .0208(b)(6)(G(iii) is GRANTED subject to the following CONDITIONS:
(1) Before the CAMA permit is issued, the Petitioner shall
provide DCM with an executed legally enforceable
document preventing piers, other than the approved
community docking facility, from being developed on The
Property. DCM and Counsel for the Commission will be
responsible for determining whether the document provided
meets this condition.

(2) The Petitioner shall record covenants governing the use of
The Property and prohibiting future purchasers of lots
created from The Property from constructing any individual
piers or docks. The holder of that covenant shall be the State
and will not be the future Homeowners Association. This
covenant shall run with the land and be enforceable by DCM
against all future owners of The Property or parts of The
Property if it is subdivided.

(3) The executed legally enforceable document referred to in
section (1) above may be the recorded covenants referred to
in section (2). DMC shall be provided an opportunity to

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review the proposed language before the covenants are
recorded and the covenant relating to this issue is only
acceptable if it is approved by DCM.

(3) The permit shall include conditions requested by the
commenting resources agencies, including the Wildlife
Resources Commission, such as the addition of a bridge
section on the pier to accommodate canoes and kayaks.

The granting of this variance does not relieve Petitioner of the responsibility for obtaining
any other required permits from the proper permitting authority. This variance is based upon the
Stipulated Facts set forth above. The Commission reserves the right to reconsider the granting of
this variance and to take any appropriate action should it be shown that any of the above Stipulated
Facts is not true.
This the 17th day of December 2022.

______________________________________
M. Renee Cahoon Chair
Coastal Resources Commission

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CERTIFICATE OF SERVICE
This is to certify that I have this day served the foregoing FINAL AGENCY DECISION
upon the parties by the methods indicated below:

Method of Service

Attorney for Petitioner:
I. Clark Wright, Jr., Esq.
Davis Hartman Wright, PLLC
209 Pollock Street
New Bern, NC 28560

Electronically: [e-mail]

Attorney for DCM
Christine A. Goebel
Assistant General Counsel
NC Department of Environmental Quality
217 West Jones Street
Raleigh, NC 27603

Electronically: [e-mail]

Braxton C. Davis, Director DCM
Mike Lopazanski, Deputy Director DCM
Angela Willis, Administrative Assistant
Division of Coastal Management
400 Commerce Ave.
Morehead City, NC 28557

Electronically: [e-mail]
[e-mail]
[e-mail]

Christine Bouffard, CAMA LPO
New Hanover County
230 Government Center Drive, Suite 110
Wilmington, NC 28403

Electronically: [e-mail]

This the 17th day of December, 2022.

__________________________
Mary L. Lucasse
Special Deputy Attorney General and Commission Counsel
N.C. Department of Justice
P.O. Box 629
Raleigh, N. C. 27602