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HomeMy WebLinkAbout47-15 River Forest Partners LLC............................... Permit Class Permit Number NEW 47-15 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission �Q V t r t nt"t 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 River Forest Partners, LLC., 738 East Main Street, Belhaven, NC 27810 Authorizing development in Beaufort County adi. to Pungo Creek, at 738 East Main Street, in the Town of Belhaven as requested in the permittee's application dated 115115,including the attached worknlan drawings (1) dated revised 115/15. This permit, issued on April 6.2015 , 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. Marina 1) Prior to the occupancy of any new slips authorized under this permit, the existing marina pumpout sewage disposal facility shall be repaired/replaced or otherwise be in working condition. The pumpout shall be operable and maintained for the life of the marina. 2) Unless specifically altered herein, this permit authorizes only the reconfiguration and replacement of the previously authorized marina facility 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 marina facility without permit modification. No non -water dependent uses of structures may be conducted on, in or over public trust waters without permit modification. (See attached sheet for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2018 In issuing this permit, the State of North Carolina agrees that your project isconsistentwith the North Carolina Coastal Management Program. Signed by the authority of the Si Chairman of the Coastal Resources RECEIVED APR 17 2015 Braxton C. Davis, Director Division of Coastal Management This permit and its conditio are hereby accepted. C� Signature of Permittee River Forest Partners, LLC. Permit 9 47-15 Page 2 of 2 ADDITIONAL CONDITIONS 3) 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. 4) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 5) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee will not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 6) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 7) This permit authorizes 10 additional slips for a total 31 formalized boat slips. General 8) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 9) 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. 10) The permittee and/or contractor shall meet with a representative of the Division of Coastal Management prior to project initiation in order to discuss the conditions set forth in this permit. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the pernuttee's property may require a modification of this permit. Contact a representative of the Division at (252) 946-6481 prior to the commencement of any such activity for this determination. The permittee is further advised that many development or land disturbing activities are not allowed within the Environmental Management Commission's Tar Pamlico River Basin. Contact a representative of the Division of Water Resources at (252) 946-6481 for more information concerning allowable uses within the Tar Pamlico River Buffer. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No. SAW-201500214. Permit Clasv NEW Permit Number 47-15 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission ,permt"t 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 River Forest Partners, LLC., 738 East Main Street, Belhaven, NC 27810 Authorizing development in Beaufort County adi. to Pungo Creek, at 738 East Main Street, in the Town of Belhaven as requested in the permittee's application dated 115/15. including the attached workman drawings (1)dated revised 115115 This permit, issued on April 6 2015 , 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. Marina 1) Prior to the occupancy of any new slips authorized under this permit, the existing marina pumpout sewage disposal facility shall be repaired/replaced or otherwise be in working condition. The pumpout shall be operable and maintained for the life of the marina. 2) Unless specifically altered herein, this permit authorizes only the reconfiguration and replacement of the previously authorized marina facility 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 marina facility without permit modification. No non -water dependent uses of structures may be conducted on, in or over public trust waters without permit modification. (See attached sheet for Additional Conditions) This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission. 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 Braxton C. Davis, Director hereunder requires further Division approval. Division of Coastal Management All work must cease when the permit expires on December 31, 2018 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. This permit and its conditions are hereby accepted. Signature ofPermittee River Forest Partners, LLC. Permit # 47-15 Page 2 of 2 ADDITIONAL CONDITIONS 3) 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. 4) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 5) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee will not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 6) . The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 7) This permit authorizes 10 additional slips for a total 31 formalized boat slips. General 8) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 9) 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. 10) The permittee and/or contractor shall meet with a representative of the Division of Coastal Management prior to project initiation in order to discuss the conditions set forth in this permit. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 946-6481 prior to the commencement of any such activity for this determination. The permittee is further advised that many development or land disturbing activities are not allowed within the Environmental Management Commission's Tar Pamlico River Basin. Contact a representative of the Division of Water Resources at (252) 946-6481 for more information concerning allowable uses within the Tar Pamlico River Buffer. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No. SAW-201500214. DO M!-1 APPLICATION for Malor Development Permit (last revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name River Forest Partners, Uc Project Name (if applicable) River Forest Marina Applicant 1: First Name Charles MI B Last Name Tillman Applicant 2: First Name MI last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address 738 East Main Street PO Box City Belhaven State NC ZIP 27810 Country USA Phone No. 252 - 943 - 0030 ext. FAX No. Street Address pfdifferent from above) City Sfate ZIP Email dockmaster@riverforestmadna.com 2 Agent/Contractor Information Business Name N/A - Agent/ Contractor 1: First Name MI Last Name Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State ZIP Phone No. 1 - - ext. Phone No. 2 - - ext. FAX No. Contractor # Street Address (d different from above) City State ZIP Email <Form continues on back> RECEIVED JAN 8 9101F 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaImanagement.net AI'rLll.A r 1VN Tor Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Beaufort 738 East Main Street Subdivision Name city State Zip River Forest Marina Belhaven NC 27810 - Phone No. Lot No.(s) (if many, attach additional page with list) 252 - 943 - 0030 ext. N/A, I I , a. In which NC river basin Is the project located? b. Name of body of water nearest to proposed project Tar/Pamlico Pantego Creek c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade []unknown Pungo River e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes []No work falls within. Yes, Belhaven 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.fL) 642' +/- 4.34 acres c. Size of individual lots) d. Approximate elevation of tract above NHW (normal high water) or N/A, I I NWL (normal water leveg (if many lot sizes, please attach additional page with a list) 5' ❑NHW or ®NWL e. Vegetation on tract Scattered pine trees and maintained lawn grass f. Man-made features and uses now on tract Existing residence (former B&B), Marina office, above ground fuel tanks, existing Dock A and Dock B g. Identify and describe the existing land uses adiacen to the proposed project site. Residential h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? Marine Business (Attach zoning compliance certificate, if applicable) ®Yes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes ®No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it Involve a ❑Yes ®No ❑NA National Register listed or eligible property? RECEIVED <Form continues on next page> JAN 2 8 2015 ©em-mmo ern 252-808-2808 :: 1-888.4RCOAST :: www.nccoastalmanagement.net e+r r uve+nvn ,v, Major Development Permit m. (I) Are there wetlands on the site? ❑Yes ®No (ii) Are there coastal wetlands on the site? ❑Yes ®No (ill) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes ONo (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Existing Town sewer o. Describe existing drinking water supply source. Existing Town water p. Describe existing storm water management or treatment systems. None - surface run off 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ®Commercial ❑Public/Government ❑Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Dock A provides dockage, fuel and pumpout for transit boats Dock B will be for long term slip rentals c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Use standard marina pile driving equipment for dock replacement, repair and new construction as per cross sections shown on sheets 2, 3, 4 and 5. d. List all development activities you propose. Replace Dock B and add 9 additional slips with 10'x40' landing/platform at the end of pier. Replace small boat dock and add one finger pier and slip to Dock A. e. Are the proposed activities maintenance of an existing project, new work, or both? Both f. What is the approximate total disturbed land area resulting from the proposed project? None ❑Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. Sort on - I. Will wastewater or stonnwater be discharged Into a wetland? ❑Yes ®No ®NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ®NA j. Is there any mitigation proposed? ❑Yes ®No ❑NA If yes, attach a mitigation proposal RECEIVED <Form continues on back> JAN 88 ?p'S 9etm•1,1111i 252-808-2808 :: 1-883--:LtiCOAST :: www.nccoastalmanagement.net 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) — (0 are always applicable to any major development application. Please consult the application. instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (Including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project Is any portion already complete? If previously authorized work, Beady indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that Is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by 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 Adam O'Neal Phone No. 252-943-5939 Address 693 Water Street, Belhaven, NC 27810 Name Axson Smith Phone No. 252-945-5579 Address 810 E Main Street, Belhaven, NC 27810 Name.' Phone No. :Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. N/A h. Signed consultant or agent authorization form, If applicable. 1. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best ofmyknowledge. Date `' ay \S Print Name "R' -q--e 1 ?q e R•S , `C C •Btzgr e �T \l vv-A ti i rv.Fvv- « Signature 0 Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MPS Bridges and Culverts ❑DCM MP-3 Upland Development PRbCM MP4 Structures Information RECEIVED 1AN 28 1015 DCM-MHO CITY 252.BOB-2808 :: 1-888.4RCOAST :: www.nccoastalmanagement.net Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: ®Commercial ❑Public/Government ❑Private/Community, ❑This section not applicable b. (i) Will the facility be open to the general public? ®Yes []No c. (i) Dock(s) and/or pier(s) d. (I) Are Finger Piers induced? ®Yes []No (if)Number 2 If yes: r (ill) Length A,2a ` 60 (ii) Number 9 (Iv) Width 8' 10' (ill) Length I' c'Nft 43 - 46 (v) Floating []Yes ®No (Iv) Width 4' (v) Floating ❑Yes ®No e. (i) Are Platforms included? ®Yes []No f. (i) Are Boatlifts included? ®Yes ❑No If yes: If yes: (ii) Number 1 at end of Dock B (it) Number 2 (ill) Length 40' (III) Length 13' (iv) Width 10' (iv) Width 13' (v) Floating []Yes ®No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed h. Check all the types of services to be provided. 10 ❑ Full service, including travel lift and/or rail, repair or (it) Number of slips existing maintenance service Dock B - 8. Dock A - �,3 ❑ Dockage, fuel, and marine supplies ® Dockage ("wet slips") only, number of slips: ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ® Other, please describe: Existing Marine oumoout Check the proposed type of siting: ❑ Land cut and access channel []Open water; dredging for basin and/or channel ®Open water; no dredging required ❑Other, please describe: existing dredged channel to basin k. Typical boat length: 40' m. (i) Will the facility have tie pilings? ®Yes ❑No (ii) If yes number of be pilings? 46' j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). Average size vessel 35' to 45' Will service vessels from 18' to 100' + I. (1) Will the fad__llttyy be open to the general public? ®Yes ❑No RECEIVED JAN 2 8 2015 DCM-MHO CITY 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmaraaament.ne4 revised: 12/27/06 room u%oivi ever•- ii tacrunccures, rage 4 or ap 2. DOCKING FACILITY/MARINA OPERATIONS This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ® Office Toilets ® Toilets for patrons; Number: 2; Location: Existing Marina Office Building ® Showers ® Boatholding tank pumpout; Give type and location: Existing Marina Office, Pumpout of Dock A b. Describe treatment type and disposal location for all sanitary wastewater. Existing municipal sewer service from Town of Belhaven c. Describe the disposal of solid waste, fish offal and trash. Trash Service Town of Belhaven d. How will overboard discharge of sewage from boats be controlled? Signage for pumpout, vessel monitoring by dockmaster e. (i) Give the location and number of "No Sewage Discharge" signs proposed. 3 - one at marina office and one at base of each dock (II) Give the location and number of "Pumpout Available" signs proposed. 3 - one at marina office and one at base of each dock f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. N/A g. Where will residue from vessel maintenance be disposed of? N/A h. Give the number of channel markers and "No Wake" signs proposed. No new markers I. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. Existing fuel facilities; no additions proposed j. What will be the madna policy on overnight and live -aboard dockage? No live-aboards, overnight dockage for transient boats k. Describe design measures that promote boat basin Flushing? N/A If this project is an expansion of an existing marina, what types of services are currently provided? Expansion of number of slips RECEIVED m. Is the marinaldoeking facility proposed within a primary or secondary nursery area? JAN 2 9 2015 ❑Yes ®No DEW-MHE) CITY 252.8G8.2808:: a-888.4RCOA8T::www.necoastaimanagement.net revised:12/2T186 rut NEI W"la YYrr " kJtr6 utureb' rage J GI ^ 1 n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes ®No o. Is the madna/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SIB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ®None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? []Yes ®No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 13. BOATHOUSE (including covered lifts) ®This section not applicableI a. (i) Is the boathouse structure(s): [_-]Commercial ❑Public/Government ❑Private/Community (ii) Number (III) Length _ (iv) Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., woo(4 sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a. (I) Number (ii) Length (III) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) ®This 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 El This section not applicable a. Is the structure(s): ❑Commercial ❑Public/Government ❑Private/Community c. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing 7. GENERAL b. Number d. Description of buoy (color, inscription, size, anchor, etc.) RECEIVED JAN 2 8 1015 DCM-MHO CRY 252.868.2808::1-888-4RC0A,ST::vw .neccastalmanagement.net revised: 12/2710S ruk Fit kA%,.ME E44 C-4 (Sffrucruresr Vage 4 Or 14) a. Proximity of structure(s) to adjacent riparian property lines 38' from west side; 80' from east side Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body 3 450' e. (i) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (it) If yes, explain what type and how they vdll be implemented. b. Proximity of structure(s) to adjacent docking facilities. +150' d. Water depth at waterward end of structure at NLW or NWL g'+ Dock A: 7' Dock B & OTHER ®This section not applicable a. Give complete description: Date River Forest Marina Project Name River Forest Partners, LLC Applicant Name C -Kc�r. �eV\ Appl Si nature �. �Mc,v�a5c. w�et��ce RECEIVED JAN 29 20% DCM-MHD C$N. 252-808.2808 :: 1.888.4RCOAST :: www.nccoastalmanonement.net revised: 12/27/06 IDCM Coordinator: (-ye4w,/ Permit ➢DCM Field Offices Elizabeth City Morehead City / Washington Wilmington (with revised work plan drawings) US ACOE Offices: Washington: Raleigh Bland ✓ Tracey Wheeler William Westcott (NC DOT) Bill Biddlecome (NC DOT) Wilmington: Tyler Crumbly Cultural Resources: Renee Gledhill -Early Public Water Supply: Diane Williams (WIRO) Joey White (WARD) Marine Fisheries: Shane Staples NC DOS': Ken Pace ' Shellfish Sanitation: Patti Fowler State Property: Tim Walton Water Quality: Karen Higgins (Raleigh) John Hennessy (NC DOT) / Washington: Anthony Scarbraugh-401 c/ Scott Vinson-Stormwater Wilmington: Joanne Steenhuis — 401 Chad Coburn - 401 Linda Lewis - Stormwater Wildlife Resources: Maria Dunn (WARO) Vacant (WIRO) LPO: Fax (Distribution: Permitee Agent #:_ OEM North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary April 7, 2015 River Forest Partners, LLC 738 East Main Street Belhaven, N.C. 27810 Dear Sir or Madam: The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff - colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733- 2698 within twenty (20) days of this decision on your permit. You should also be aware that another qualified party may submit an objection to the issuance of this permit within twenty (20) days. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Enclosure a'"`r • , si , f , ,, x - i Douglas V. Huggett Major Permits and Consistency Manager 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX 252-247-33301 Internet: www.ncooastalmanagement.net An Equal Opportunity/ Affirmative Action Employer MEMORANDUM To: Daniel Govoni From: Steve Trowell Through: Kelly Spivey Date: 26 January 2015 Subject: Major CAMA Permit Application River Forest Manor Partners, LLC Enclosed is a Major CAMA Permit application for repair/replacement and improvements to an existing marina facility known as the River Forrest Manor located at 738 Main Street in the Town of Belhaven adjacent Pantego Creek in Beaufort County, North Carolina. The applicant is proposing to replace an existing 8' x 232' pier/dock, listed in the application as Dock B, add a 10' x 40' L-head platform, nine additional slips for a total of 17 to be serviced by 8-4' x 15' finger piers. This docking structure has suffered storm damaged and has aged making it unsafe for any continued use. The applicant also proposes to replace a previous existing 10' x 60' fuel/dingy dock that was also damaged by a storm. The applicant proposes to add 1 slip, 14' x 24' finger pier and 3-tie pilings to an existing dock, Dock A. The marina facility is located in an existing dredged basin accessed by an existing dredged access channel. Water depths in the basin and access channel are adequate and do not require any maintenance at this time. Major CAMA Permit No. 244-88 issued on 8 December 1988 among other development activities, authorized maintenance excavation of the basin to a final depth of 8' below the normal water level (NWL). Water depths in the basin average 8' currently. Staff has reviewed the permit application while considering the development standards found in 7H.0208 specifically those listed 7h.0208(5)(A)-(Q) and 7H.0208(6)(B) and have found the proposed repair and improvements consistent with the aforementioned standards. Staff is concerned, due to the overall condition of the site, about the marine pumpout. Therefore, staff recommends issuance of the permit and along with the standard permit conditions for marina development, staff recommends the following: (1) The existing marine sewage pumpout shall be properly maintained and functioning throughout the life of the permitted marina. Failure to properly maintain the existing marine sewage pumpout, in working condition, will be a violation of the terms and conditions of this permit. RECEIVED 1AN 88 2015 DGM-MHO CITY DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: River Forest Partners LLC County: Beaufort LOCATION OF PROJECT: located at 738 East Main Street at the River Forest Manor property adjacent Pantego Creek in the Town of Belhaven, in Beaufort County, North Carolina. DATE APPLICATION RECEIVED COMPLETE BY FIELD: 26 January 2015 FIELD RECOMMENDATION: Attached: YES To Be Forwarded: NO CONSISTENCY DETERMINATIOZ4: Attached: NO To Be Forwarded: YES FIELD REPRESENTATIVE: Steve Trowell DISTRICT OFFICE: Washington DISTRICT MANAGER REVIEW: 95 B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE $ 400.00 (100%) PUBLIC NOTICE REC'D: END OF NOTICE DATE: ADJ. RIP. PROP NOTICES REC D: DEED RECD: APPLICATION ASSIG ON: I 24 f C) 75 DAY DEADLINE:71DAY DEADLINE: MAIL OUT DATE: FEDERAL DUE DATE: STATE DUE DATE: FED COMMENTS RECD: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTION S: YES NO NOTES Coastal Management - Regional Representative Coastal Management - LUP Consistency 1 �Zti Division of Community Assistance 2 Z Land Quality Section 17`{ Division of Water Quality Storm Water Management (DWQ) State Property Office '17- Z �' Division of Archives & History Division of Environmental Health Division of Highways Wildlife Resources Commission Local Permit Office Division of Marine Fisheries Corps of Engineers N _ � � s00 9 y' J.— E t! CCM-W ', :, , Govoni, Daniel From: Bland, Raleigh W SAW<Raleigh.W.Bland@usace.army.mil> Sent: Thursday, April 02, 2015 8:48 AM To: Govoni, Daniel Subject: RE: River Forest Partners LLC (UNCLASSIFIED) Classification: UNCLASSIFIED Caveats: NONE SAW 201500214 Tier II PGP 198000291 2Apr15 Thanks! -----Original Message ----- From: Govoni, Daniel[mailto:daniel.eovoni@ncdenr.sovl Sent: Thursday, April 02, 2015 8:32 AM To: Bland, Raleigh W SAW; Pelletier, Josh R SAW Subject: [EXTERNAL] River Forest Partners LLC Comments? Applicant proposes to repair and reconfiguration of existing facility at 738 East Main Street, Town of Belhaven. Thanks Daniel M. Govoni Asst. Major Permits Coordinator NC Division of Coastal Management 400 Commerce Ave. Morehead City, NC 28557 (252)808-2808 (252) 247-3330 fax daniel.eovoni(mncdenr.gov E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. Pat McCrory Governor ©RMA MENR North Carolina Department of Environment and Division of Coastal Management MEMORANDUM TO: Mr. Shane Staples Division of Coastal Management 943 Washington Sq. Mall Natural Resources RECEIVED 9AN 2 6 2015 DCAA•Fisheriee WARO Donald R. van der Vaarl Secretary FROM: Daniel Govoni Respond to Daniel Govoni Major Permits Processing Coordinator Morehead City Office Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 26 January 2015 SUBJECT: CAMA Application Review APPLICANT: River Forest Partners, LLC PROJECT LOCATION: Project site is located at 738 East Main Street at the River Forest Manor Property adjacent Pantego Creek in the Town of Belhaven, in Beaufort County, North Carolina. PROPOSED PROJECT: Applicant proposes to replace dock B 8' x 232', and 9 slips and a 10' x 40' L- head platform, replace a damaged 10' x 60' fuel dock and add a 4' x 24' and 3 pilings for one additional slip on existing dock A. Applicant proposes to repair existing buildings. Pleaseindicate below your position or viewpoint on the proposed project and return this form by 16 February 2015. Please contact R. Kelly Spivey at 252-948-3853, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comma Signed IX X Date/ s 943 Washington Square Mall, Washington, NC 27889 Phone: 262-946-64811 FAX: 252-948-0478 Internet: www.nocoastalmanagement.net An Equal Opportunity t Aarmelve Action Employer — Made In part by recycled paper North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory :a Governor n\ MEMORANDUM JAN 3 0 2015 TO: Mr. Ken D. Pace i -- --� NCDOT Roadside FROM: Daniel Govoni Respond to Daniel Govoni Major Permits Processing Coordinator Morehead City Office Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 26 January 2015 SUBJECT: CAMA Application Review APPLICANT: River Forest Partners, LLC PROJECT LOCATION: Project site is located at 738 East Main Street at the River Forest Manor Property adjacent Pantego Creek in the Town of Belhaven, in Beaufort County, North Carolina. PROPOSED PROJECT: Applicant proposes to replace dock B 8' x 232, and 9 slips and a 10' x 40' L- head platform, replace a damaged 10' x 60' fuel dock and add a 4' x 24' and 3 pilings for one additional slip on existing dock A. Applicant proposes to repair existing buildings. Please indicate below your position or viewpoint on the proposed project and return this form by 16 February 2015. Please contact R. Kelly Spivey at 252-948-3853, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. Signed `� Date %//� 943 Washington Square Mall, Washington, NC 27889 Phone: 252-946-64811 FAX: 252-948-0478 Internet: www.nccoaslalrnanagemeiil.net An Equal Opportunlly 1 APonnalive Action Employer- Made in part by recycled piper Vaart ll� IPat'MoCrory,- . Governor `'= F"s NCDyENR cS'•orZz North,Carolina Department of Environment and Natural Resources Division of Coastal Management BE0ENE0'NC6ENFDWRS van, der Vaart Secretary MEMORANDUM JAN 2 7 2015 Mr. Anthony Scarbraugh Water Quality, neglonal DWR Water Quality Programs WaaNParauo glsac onwo� 943 Washington Regional Office nGton peolonal ofB� FROM: Daniel Govoni Respond to Daniel Govoni Major Permits Processing Coordinator Morehead Cit Of Coastal Management Division y fice. 400 Commerce Avenue Morehead City NC 28557 DATE: 26 January 2015' SUBJECT: CAMA Application, Review APPLICANT: River Forest Partners, LLC PROJECT LOCATION: Project site is located at 738 East Main Street at the River Forest Manor Property adjacent Pantego Creek in the Town of,Belhaven, in Beaufort County, North Carolina. PROPOSED PROJECT: Applicant proposes to replace dock B 8' x 232%, and 9 slips and a.10' x 40' L- 'head platform, replace a damaged 10' x 60' fuel dock and add a 4' x24' and 3 pilings for one,additional slip on existing dock A. Applicant proposes;to repair existing buildings. Please indicate below your position or viewpoint on the proposed project and return this form by 16 February2015. Please contact R. Kelly Spivey at 252-948-3853, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office. has no objection to the project as proposed. —Z This office has no comment on the proposed project. This office approves of the proposed, project only, if the recommended changes are incorporated. See attached. This'office objects to the proposed project for reasons described in the attached /l comments. Signed Date//>� 943 Washington Square Mall, Washington, NC 27889 Phone: 252-N6-6481 t FAX; 252-94M478' InterneC www.nccoastalmanagement.net An Equal OppOdunlly l A(GimaOre Acton Employer— Made in purl by recycled paper a XjA .., SW 71.�'0113 • WNW North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Donald R. van der Vaart r Governor a 'Scretary Aibc.:� w✓' i:...a _ ii c. ' MEMORANDUM JAN2 6 2015 TO: I& Samir Dumpor DWR Water Quality Programs ti 943 Washington Sq. Mall FROM: Daniel Govoni Respond to Daniel Govoni Major Permits Processing Coordinator Morehead City Office Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 26 January 2015 SUBJECT: CAMA Application Review APPLICANT: River Forest Partners, LLC PROJECT LOCATION: Project site is located at 738 East Main Street at the River Forest Manor Property adjacent Pantego Creek in the Town of Belhaven, in Beaufort County, North Carolina. PROPOSED PROJECT: Applicant proposes to replace dock B 8' x 232', and 9 slips and a 10' x 40' L - head platform, replace a damaged 10' x 60' fuel dock and add a' 4' x 24' and 3 pilings for one additional slip on existing dock A. Applicant proposes to repair existing buildings. Please indicate below your position or viewpoint on the proposed project and return this form by 16 February2015. Please contact R. Kelly Spivey -at 252-948-3853, if you have any questions regarding the proposed project. When appropriate, in depth comments, with supporting data are requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. Signed. Date 943 Washington Square Mall, Washington, NC 27889 Phone: 252-946-6481 1 PAX: 252-948-0478 inlemet uummemastalmanagementnel An Equal Oppoelunny IAffi=Re Atlion EMW' yar— Made it pan by "led paper &M� NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Don Van der Vaart Governor Secretary February 2, 2015 Mr. C. Brantley Tillman River Forest Partners, LLC 738 East Main Street Belhaven, NC 27810 Subject: EXEMPTION from Stormwater Management Permit Regulations CAMA Major for River Forest Marina Stormwater Project No.: SW7150113 Beaufort County Dear Mr. Tillman: The Washington Regional Office received a copy of your CAMA application for a project that includes dock replacement and repair at .River Forest Marina on January 26, 2015. Staff review of the plans and specifications has determined that the project, as proposed, consists of activities that will not pose surface water quality threats from stormwater runoff, since no new impervious area is proposed. The Director has determined that projects that are reviewed and approved by the Division as not posing water quality threats from stormwater runoff should not be subject to the State stormwater management permitting requirements of 15A NCAC 2H.1000 and SL 2008-211. For this reason, we are informing you by way of this letter that your project will not require a State Stormwater management permit at this time. The State stormwater rules require the Division to permit the. common plan. of development, therefore, any future development on the property, regardless of whether a:SEC plan,or CAMA Major permit is also required, will require a Stormwater Management Permit review from the Division of Energy, Mineral, and Land Resources prior to any construction. Please keep in mind that.this determination does not affect your legal requirements to obtain other permits which may be required by the Division of Water Resources, the Division of Energy, Mineral, and Land Resources, Coastal Area Management Act or any other Federal, State or Local Goverment. Please reference the Stormwater Project Number above on all correspondence. If you have any questions or need additional information concerning this matter, please contact me at (252) 948-3923, or email me at roger.thorpc@ncdem•.gov. Sincerely, K x Roger Thorpe Environmental Engineer cc: Daniel Govoni, DCM, Morehead'City Division of Energy, Mineral, and Land Resources. Land Quality Section Washington Regional Office 943 Washington Square Mall, Washington, North Carolina 27889 - Phone: 252-946-64811 FAX: 252-975-3716 Internet: http:l/Dogal.nodenr.orcVwebfrfand-Quality An Equal Opportunity 1 Affirmative Action Employer- 50% Recycled 110% Post Consumer Paper :7A NOT A CAMA PERMT MCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor February 16, 2015 River Forest Partners, LLC Attn: Mr. C..Braht(ey Tillman 738 East Main Street Belhaven, NC 27810 Subject: Approval of 401 Water Quality Certification with Additional Conditions River Forest Marina Dear Mr. Tillman: Donald R, van der Vaart Secretary DW R # 15-0122 Beaufort County You have our approval for -the impacts listed below for the purpose described in your application dated January 26, 2015 and received by the Division of Water Resources (Division) on January 27, 2015. These impacts are covergd by the attached Water Quality General Certification Number 3900 and the conditions listed below: This certification is associated with the use of CAMA Major Permit and General Permit(s) 198000291 issued. by'therUS Army Corps of Engineers (USACE).. This Certification allows you to use the CAMA Major Permit when the Division of Coastal Management Issues it. Please note that you should get any other federal,l state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge,. and Water Supply Watershed regulations. This approval regyires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification are meta No other Impacts are approved, including incidental impacts. [15A NCAC 02B .0506(b)(c)) Type of Impact Amount Amount Plan location/ Approved Approved Reference Attached (units) (units) Permanent Temporary Open Water OW-1(L-Head Platform Construction) 0.01 (acres) 0 (acres) Final Plat for River OW-2 (8-Finger Pier on Dock B) 0.01 (acres) 0 (acres) Forest Partners, LLC OW-3 (1-Finger Pier on Dock A) 0.002 (acres) 0 (acres) Division of Water Resources- Water Quality Regional Operations Section -Washington Regional Office 943 Washington Square Mall, Washington, NC 27889 Phone: 252-946-64811 Fax: 252-9753716% Internet www.nodenr.gov An Equal0pporhmIIy%AQbma6ve Acton Employer —Made In pal by recycled paper River Forest Partners, LLC Attn: Mr. C. Brantley Tillman DWR # 15-0122 401 APPROVAL . Page 2 of 4 2. T1 is approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification., If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification and.is responsible for complying with all conditions. [15A NCAC 02B .0507(d)(2)] 3. Water Quality Certification The proposed project must comply with all the conditions of the General Water Quality Certifications) 3900. [15A NCAC 02B .0507(c)] 4. All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permitee/contractor shall immediately contact the Division of Water Quality, between the hours of 8 am to 5 pm at the Washington Regional Office at 252.946.6491 and after hours and on weekends call (800) 858-0368. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 02B .0200 (3)(f), and GS 143 Article 23A] S. Turbidity Standard The Permittee shall adhere specially to 15A NCAC 02B .0220 Tidal Salt Water Quality for Class SC Waters (3)(g) pH: shall be normal for waters in the area, which generally shall range between 6.8 and 8.5 except that swamp waters may have.a pH as low as 4.3 if it is the result of natural conditions; (1) Turbidity: the turbidity in the receiving water shall not exceed 25 NTU; if turbidity exceeds this level due to natural background conditions, the existing turbidity level shall not be increased. [15A NCAC b2B .0220] 6. Re Opener Clause River Forest Partners, LLC and their authorized agents shall conduct their activities in a manner consistent with State water quality standards (including any requirements resulting from .compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of State law and federal law. River Forest Partners, LLC shall require their contractors (and/or agents) to comply with all of the terms of this Certification, and shall provide each of their contractors (and/or agents) a copy of this Certification. A copy of this Certification shall be included in the construction contract and available on the job site at all times. If DWR determines that such standards or laws are not being met (including the failure to sustain a designated or achieved use) or that State or federal law is being violated, or that further conditions are necessary to assure compliance, DWR may reevaluate and modify this certification to include conditions appropriate to assure compliance with such standards and requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the certification, DWR shall notify the River Forest Partners, River Forest Partners, LLC Attn: Mr. C. Brantley Tillman DWR # 15-0122 401APPROVAL Page 3 of LI�C and the US Army Corps of Engineers, provide public notice in accordance with:15A NCAC 21-1.0503 and provide opportunity for public hearing in accordance with 15A NCAC 211.0504: Any new or revised conditions shall be provided to DWR in writing, shall be provided to the United States Army Corps of Engineers for reference in any permit issued pgrsuant to Section 404 of the Clean Water Act, and shall also become conditions of the 4d4 Permit for the project. 7. Upon completion of all work approved within the 401 Water quality Certification or applicable Buffer Rules, any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401 & Buffer Permitting Unit, NC Division of Water Resources, 1617 Mail Service Center, Raleigh, NC 27699-1650. [i5A NCAC 02H .0507 (c)] S. The applicant and/or authorized agent shall provide a completed Certificate of Completion form to the Division within thirty (30) days of. project completion (available at http•//portal ncde6r ore/web/wa/swp/ws/401/certsandpermits/apply/forms). ,115A NCAC 02H .0506(b)(5)] 9. Tl is approval and its conditions are final and binding unless contested. [G.S.143-215.5] These Certifications can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at htto://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for Information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed 'hen the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during j oomal office hours (Monday through Friday between S:OOam and S:OOpm, excluding official state holidays). The petition may 'be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Malling address for the OAH: If sending via US Postal Service: if sending via delivery service (UPS, FedEx, etc.): Office of. Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 One (1) copy ofthpetition must also be served to DENR: Jon C. Evans, General Counsel I I River Forest Partners, LLC Attn: Mr. C. Brantley Tillman DW R # 15-0122 401 APPROVAL Page 4 of 4 of Environment and Natural Resources !rvlce Center 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water. Please contact Anthony Scalrbraugh at 252-948-3924 or anthonv.scarbraueh@ncdenr.eov if you have any questions or concerns. Sincerely, Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDENR Enclosures: GC 3900 Certification of Completion cc: Doug Huggett, DCM Morehead City Steve Trowell, DCM WaRO Raleigh Blpnd, USACE Washington Regulatory Field Office (via email) Pat McCla'n, DEMLR WaRO (via email) Jennifer Burdette, DWR 401 & Buffer Permitting Unit File I HCDENR North Carolina Department of Environment anti Division of Coastal Management P141 McCrory Governor MEMORANDUM TO: Ms. Renee Gledhill -Early" NC Pepariment of Cultural Resources,, Avqhives, &"History'Ruilding, FROW Daniel Gov(_HU NaJor.Permits Proces ' sint;,Qp6rdinator Coastal Management'Division 400.Comimerco Avenue Motehead,City'NC,285571 DATR: 2&amuny 2015 S(YBJFjbT. CAMA Application -Review Respond to Daniel Govani Morehea(d City Office! APPLfCANT.',' River Forest ,Partners, LLCa'llka�0 :'Js ere, ,PRdXdt,L0CATl0N' Prcject`site,rslocatW.at7S8,6st Street at the River Forest Manor ',Oroperty�adjacent, Pantego Crtek in'the Town'offlethaven,'in BcaufortCourity, North Carolina. Pk0I ' �OSED PRWEQT: Applicant proposes toxcplacc dock B 81, x ZT, an&9 slips'and ii'10'x4W 1� head platform, replace a damaged 101 x 60'- fuel dock.and'arld a,,411 x 24' and 3�pilings for one additional slip ,on existing dock A. Applicant proposesitorrepairexisting.buildings, Please indicate, beIGNv your position or viewpoint on the proposed pr, a firdar jpct and return this form by 16 Fd ,y2015. Please contact R. Kelly Spivey, at 252-4ig-3853, if you -have, any.questions regardirig.the :pmp6scq,fwqjcct'.- Whewippropriatcih , depth comments' with supporting data arerequested. REPLY This.office has no,objection to die project as proposed. This office has no comment on the proposed project This office aliprovesiok the proposed project only if the recommended changes arc-incorporateqSee attached. This oltice.objects to the proposed project for reasons described ja the attached comments. Signed 4 Date W ftthTWjln Sm-W%IzO, W hln is r MC 27389 JAN 3 9 2015 Pat McCrory Governor ®4 U EFR North Carolina Department of Environment and Division of Coastal Management MEMORANDUM Natural Resources Donald R. van der Vaart Secretary TO: Ms. Maureen Meehan -Will District Planner Division of Coastal Management FROM: Daniel Govoni Respond to Daniel Govoni Major Permits Processing Coordinator Coastal Management Division Morehead City Office 400 Commerce Avenue Morehead City NC 28557 DATE: 26 January 2015 SUBJECT: CAMA Application Review APPLICANT: River Forest Partners, LLC PROJECT LOCATION: Project site is located at 738 East Main Street at the River Forest Manor Property adjacent Pantego Creek in the Town of Belhaven, in Beaufort County, North Carolina. PROPOSED PROJECT: Applicant proposes to replace dock B 8' x 232, and 9 slips and a 10' x 40' L- head platform, replace a damaged 10' x 60' fuel dock and add a 4' x 24' and 3 pilings for one additional slip on existing dock A. Applicant proposes to repair existing buildings. Please indicate below your position or viewpoint on the proposed project and return this form by 16 February 2015. Please contact R. Kelly Spivey at 252-948-3853, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. G, Signed Date ✓ RECEIVED JAN 29103 943 Washington Square Mall, Washington, NC 27889 OCM-MHO CITY Phone. 252-946-64811 FAX: 252-948-0478 Internet: www.nccoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer- Made in part by recycled paper Pat McCrory Governor TO: FROM: NCDENR North Carolina Department of Environment and Division of Coastal Management MEMORANDUM Mr. Pat McClain Division of Land Quality Daniel Govoni Major Permits Processing Coordinator Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 26 January 2015 SUBJECT: CAMA Application Review APPLICANT: River Forest Partners, LLC Natural Resources Donald R. van der Vaart Secretary Respond to Daniel Cm oni Morehead City Office 1elu gL,', 2i115 SECTr� PROJECT LOCATION: Project site is located at 738 East Main Street at the River Forest Manor Property adjacent Pantego Creek in the Town of Belhaven, in Beaufort County, North Carolina. PROPOSED PROJECT: Applicant proposes to replace dock B 8' x 232', and 9 slips and a 10' x 40' L- head platform, replace a damaged 10' x 60' fuel dock and add a 4' x 24' and 3 pilings for one additional slip on existing dock A. Applicant proposes to repair existing buildings. Please indicate below your position or viewpoint on the proposed project and return this form by 16 February 2015. Please contact R. Kelly Spivey at 252-948-3853, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. Signed Date a d dwv 943 Washington Square Mall, Washington, NC 27889 Phone: 252-946-6481 1 FAX 252-948-0478 Internet: www,nccoastalmanagement.net An Equal Oppodunity, 1 Affirmative Action Employer - Made in part by recycled paper RECEIVED MAR 0 4 2015 Q.nn_MHD CITY C--bfNR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Donald R. van der Vaart Governor Secretary r1_3I�,.AD ) TO: Mrs. Maria Dunn NC Wildlife Resources Commission FROM: Daniel Govoni Respond to Daniel Govoni Major Permits Processing Coordinator Morehead City Office Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 26 January 2015 SUBJECT: CAMA Application Review APPLICANT: River Forest Partners, LLC PROJECT LOCATION: Project site is located at 738 East Main Street at the River Forest Manor Property adjacent Pantego Creek in the Town of Belhaven, in Beaufort County, North Carolina. PROPOSED PROJECT: Applicant proposes to replace dock B 8' x 232', and 9 slips and a 10' x 40' L- head platform, replace a damaged 10' x 60' fuel dock and add a 4' x 24' and 3 pilings for one additional slip on existing dock A. Applicant proposes to repair existing buildings. Please indicate below your position or viewpoint on the proposed project and return this form by 16 February 2015. Please contact R. Kelly Spivey at 252-948-3853, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. ✓/ This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. Signed r Date a- r( - 15- RECEIVED 943 Washington Square Mall, Washington, NC 27889 MAR 0 2 20I5 Phone: 252-946-6481 1 FAX 252-948-0478 Internet: www.nccoastalmanagement.net KI&P ,, (-" An Equal Opportunity 1 Affirmative Action Employer- Made in part by recycled paper NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory R EC E I V, Dppa�d R. van der Vaart Governor r U Secretary MEMORANDUM JAN 2 7 2015 DOA TO: Mr. Tim Walton STATE PROPERTY Director OFFICE State Property Office FROM: Daniel Govoni Respond to Daniel Govoni Major Permits Processing Coordinator Coastal Management Division Morehead City Office 400 Commerce Avenue Morehead City NC 28557 DATE: 26 January 2015 SUBJECT: CAMA Application Review APPLI ANT Ri�ForWPartners LCC� PROJECT LOCATION: Project site is located at 738 East Main Street at the River Forest Manor Property adjacent Pantego Creek in the Town of Belhaven, in Beaufort County, North Carolina. PROPOSED PROJECT: Applicant proposes to replace dock B 8' x 232', d�9slips a 10'x 40'L- head platform, replace a damaged 10'x 60' fuel dock and add a 4'x 24'an mgs for one additional slip on existing dock A. Applicant proposes to repair existing buildings.-1 Please indicate below your position or viewpoint on the proposed project and return this form by 16 February 2015. Please contact R. Kelly Spivey at 252-948-3853, if you have any questions regarding the proposed project. When appropriate, m depth comments with supporting data are requested. REPLYoffice has no objection to the project as proposed. S This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. Date 1 - � \ \ 943 Washington Square Mall, Washington, NC 27889 Phone: 252-946-6481 1 FAX: 252-948-0478 Internet. www.nocoastaimanagement.net An Equal opportunity 1 Affirmative Action Employer- Made in part by recycled paper RECEIVED FEB 2 0 2015 nf`HM-MIHfM I lid DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: River Forrest Partners LLC 2. LOCATION OF PROJECT SITE: Project site is located at 738 East Main Street at the River Forrest Manor property adjacent Pantego Creek in the Town of Belhaven, in Beaufort County, North Carolina. Photo Index - 2006:116-8445; R-6 2000:116-1464; S-6 1995:116-1268; F-7 State Plane Coordinates - X: 2,710,000 Y: 657,200 Belhaven Quad. (lower left comer) 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit —12 December 2014 Was Applicant Present — Yes PROCESSING PROCEDURE: Application Received — 26 January 2015' Office - Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Beaufort County Land Classification From LUP — Municipal District (B) AEC(s) Involved: PTA (D) Water Depende�'�� (D) Intend se: Co (E) Wastewa reatment: Existing - Town Sewer System Planned - N/A (F)Type of Structures: Existing - Piers, docks slips, marina house, resiaurant/bed and breakfast, riprap revetment and boat ramp. Planned - Re lace existing Dock B and 9 new slips 'th associated tie pilings, finger piers, an n� ewZhead pla orm, el dock and add three tie pilings and finger pier to Dock A for ne additional sli . (G) Estimated Annual Rate of Erosion: Unknown HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non -Vegetated Wetlands Pante o Creek Bottom 3,432 ft2 (C) Other (D) Total Area Disturbed: 3,432 ftz (0.08 acres) (E) Primary Nursery Area: No (F) Water Classification: SC NSW Open: No RECEIVED FEB 2 0 2015 DGM-MM9 GITr 8. PROJECT SUMMARY: The applicant proposes to replace Dock B 8' x 232', add 9 slips and a 10' x 40' L- head platform, replace a damaged 10' x 60' fuel dock and add a 4' x 24'and 3 tie pilings for one additional slip on existing Dock A. Applicant proposes to repair existing buildings. River Forrest Partners LLC River Forrest Marina Town of Belhaven Pantego Creek Beaufort County Project Setting The developed 4.34 acre project site known locally as the E�� Mano is located at 738 East Main Street within the Town of Belhaven on its east Creek in Beaufort County, North Carolina. The site is developed as a mixed commercial business that once offered a restaurant, bed and breakfast and commercial marina with dockage, fuel and a marina store. The restaurant and bed and breakfast. have been out of service for several years. The marina has continued its operations at a diminished level, providing some overnight dockage mainly to transient vessels off the Atlantic Intracoastal Waterway. The project site is situated in an area that both residential and commercial development. The Town of Belhaven has zoning ordinances. The project site is zoned Marine Business. The en ' e roject4ited&aiplands, with no wetlands at the site. Development is centered around the large distinguished Victorian style mansion built in the center of the property in the early 1900s. Vehicular access to the mansion is by an asphalt driveway and parking area. Other associated infrastructure includes a large attached open wooden deck, a tennis court and swimming pool. There is a smaller building adjacent the restaurant/bed and breakfast that housed employees of the B and B but currently is used as short term room rental to the public. The marina is situated in a dredged basin with a dredged access channel off the federal channeI o s ore an ego ree c. e e ged basin is located 500' upstream of the federally 5 maintained wooden breakwater at the mouth of Pantego Creek. Major CAMA Permit No. 244- a 88 issued on 8 December 1988 authorized a 100' extension and maintenance of an existing 500' long riprap breakwater on the east side of the dredged basin as well as maintenance excavation of the existing basin to a final depth of 8' below the normal water level (NWL). Existing water depths in the basin average 8' below the NWL and r ge from minus 4.5' to 12' in depth. There are two iers/docks n e re red basin- Dock A is 8' x 300' with 13 existing formalized slips with associated tie pilmgs oc B is 8' x 232' with 8 existing formalized Hips with associated tie pilings. Dock B has suffered some storm related image and has aged structurally to the point that it has become unsafe/unusable for its intended purpose. There is also a 10' x 60' fuel/dingy dock at the base of Dock A that has suffered storm damage and all that remains are some pilings and stringers. There is an open wooden deck at the base of Dock A as well as the marina office building. Landward of the marina office are the above ground fuel tanks and an equipment shelter. There is an existing marine pumpout on Dock A. Wastewater from boats as well as from the existing buildings is handled by the Town of Belhaven sewer system. The project site shoreline is stabilized with a riprap revetment constructed out of broken RECEIVED concrete. There is an existing boat ramp adjacent to the fuel/dingy dock. Pantego Creek is designated as Inland Waters by the Wildlife Resource Commission. The Environmental FED 8 0 1015 DGM•Mme @ITY River Forrest Partners LLC Pantego Creek Beaufort County Page Two Management Commission classifies Pantego Creek as SC NSW. This area is closed to shellfishing. Project Description The applicant is proposing to revitalize the existing mansion for the purpose of hosting weddings and other social gatherings. There is no other new upland development planned other than restoration and maintenance of the existing facilities. The applicant proposes to improve the marina facilities by completely replacing Dock B 8' x 232' and adding a 10' x 40' L-head platform at the waterward end. The applicant proposes to construct 8 - 4'x15' finger piers servicing 17 proposed slips (8 existing and 9 new). The slips will be 18' wide x 38' long, similar in length as the existing slips. Two of the slips will have 13' x 13' boat lifts. The slips on Dock B will be for long term rental. The applicant proposes to improve Dock A by adding 1 - 4'x24' finger pier, one new slip and three new tie pilings. The 10' x 60 fiiel/dingy dock will be replaced. Anticipated Impacts Once complete, the project will increase boat traffic in the area and the associated environmental impacts. The additional finger piers and platform will increase the shaded impact to Pantego Creek bottom by 796 W. Steve Trowell — Washington Regional Office — 22 January 2015 RECEIVED FEB 2 0 1015 "w"-ImAa (Otm January 5, 2015 Mr. Steve Trowel Coastal Management Field Rep Division of Coastal Management 943 Washington Square Mall Washington, North Carolina 27889 Re: River Forest Manor & Marina Belhaven, NC Dear Steve, River Forest Partners LLC, a group of local citizen investors, purchased the River Forest Manor and Marina (located at 738 E. Main Street, Belhaven, NC) on October 23, 2014. We have already started renovating the marina office building which includes the marina restrooms. We should complete the renovation of this building this month. We have installed a new roof on both the Manor house and the 3 unit block building behind the Manor. We will be installing newwindows in both buildings this month. We are going to renovate both buildings; taking the restaurant kitchen out of the Manor and converting it to a catering kitchen. The Manor will no longer have a restaurant. We are going to be a wedding / special event venue utilizing catering services for food. We will continue to operate the marina offering both fuel sales and transit rental on Dock A and long term slip rentals on Dock B. We will use the existing fuel and pump out facilities on Dock A. We will not be building any new buildings or parking facilities. We do, however, want to replace the existing 8 slip Dock B adding 9 new slips, two of which will have boatlifts and add a 10' x 40' platform at the end of Dock B. On Dock A, we want to add a finger pier and one slip. We also want to rebuild the dingy/small boat fueling dock at the base of Dock A. We require no new signage / channel pilings or need any dredging. Please call / email me with any questions. We are going to restore the River Forest Manor, Belhaven's famous landmark to its former grandeur, helping both the Town of Belhaven and eastern Beaufort County's economy. Sincerely, C. Brantley Tillman River Forest Partners, LLC 738 E. Main Street Belhaven, NC 27810 RECEIVED FEB 2 0 20i5 61HM-MM9 CITY IN MP-1 APPLICATION for Malor Development Permit (last revised 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name River Forest Partners, Llc Project Name (if applicable) River Forest Marina Applicant 1: First Name Charles MI B Last Name Tillman Applicant 2: First Name MI Last Name If additional applicants, please attach an additional pages) with names listed. Mailing Address 738 East Main Street PO Box City Belhaven State NC ZIP 27810 Country USA Phone No. 252 - 943 - 0030 ext. FAX No. Street Address (If different from above) City State ZIP Email dockmaster@dverforestmarina.com 2. Agent/Contractor Information Business Name N/A Agentl Contractor 1: First Name MI - Last Name Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State ZIP Phone No. 1 ' - ext. Phone No. 2 - - ext. FAX No. Contractor # Street Address (If different from above) City State ZIP Email RECEIVE <Form continues on back> FEB 2 U 2015 DCM-MMO CITY 252.808-2808 :: 1-888.4RCOA3T :: www.nccoastaImanagement. not Faim DCM MP-1 (Page 2 of 4) APPLICATION. for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Beaufort 738 East Main Street Subdivision Name City State Zip River Forest Marina Belhaven NC 27810 - Phone No. Lot No.(s) (ff many, attach additional page with list) 252 - 943 - 0030 ext. NIA, I I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Tar/Pamlico Pantego Creek c. Is the water body identified In (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade ❑Unknown Pungo River e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes []No work falls within. Yes, Belhaven 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 642' +/- 4.34 acres c. Size of individual lots) d. Approximate elevation of tract above NHW (normal high water) or N/A, I I NWL (normal water level) (If many lot sizes, please attach additional page with a list) 5' ❑NHW or ®NWL e. Vegetation on tract Scattered pine trees and maintained lawn grass f. Man-made features and uses now on tract Existing residence (former B&B), Marina office, above ground fuel tanks, existing Dock A and Dock B g. Identify and describe the existing land uses ad cen to the proposed project site. Residential h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? Marine Business (Attach zoning compliance certificate, if applicable) ®Yes ❑No ❑NA J. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does It Involve a []Yes ®No ❑NA National Register listed or eligible property? <Form continues on next page> RECEIVED FEB 2 0 2019 to" 252.608-2808 .. 1-883-'RCOAST .. vvv, ar.nccoastalmanagernent.net Form DCM MP-1 (Page 3 of 4) wrrU .Muvn rur Major Development Permit m. (1) Are there wetlands on the site? []Yes ®No (ii) Are there coastal wetlands on the site? [--]Yes ®No (III) If yes to either (1) or (11) above, has a delineation been conducted? ❑Yes ®No (Attach documentation, If available) n. Describe existing wastewater treatment facilities. Existing Town sewer o. Describe existing drinking water supply source. Existing Town water p. Describe existing storm water management or treatment systems. None - surface run off 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ®Commercial ❑Public/Govemment ❑Pdvate/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Dock A provides dockage, fuel and pumpout for transit boats Dock B will be for long term slip rentals c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Use standard marina pile driving equipment for dock replacement, repair and new construction as per cross sections shown on sheets 2, 3, 4 and 5. d. List all development activities you propose. Replace Dock B and add 9 additional slips with 10'x40' landing/platform at the end of pier. Replace small boat dock and add one finger pier and slip to Dock A. e. Are the proposed activities maintenance of an existing project, new work, or both? Both f. What is the approximate total disturbed land area resulting from the proposed project? None ❑Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No ❑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 ONA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ®NA j. Is there any mitigation proposed? ❑Yes ®No ❑NA If yes, attach a mitigation proposal. <Form continues on back> FEB 2 0 2015 MI-0-t POOI&" 252-808-2808 :: 1.888-4RCOAST :: www.nccoastaimanagement.not Forrh DCM MP-1 (Page 4 of 4) AYYLn.AI IVN Wr 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) — (ij are always applicable to any major development application.. Please consult the application Instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (Including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly Indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other Instrument under which the applicant claims He to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Adam O'Neal Phone No. 252-943-5939 Address 693 Water Street, Belhaven, NC 27810 Name Axson Smith Phone No. 252-945-5579 Address 810 E Main Street, Belhaven, NC 27810 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. N/A h. Signed consultant or agent authorization form, if applicable. 1. Wetland delineation, if necessary. J. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project Involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Certification and Permission to Enter on Land J I understand that any permit issued in response to this application will allow only the development aescnoea in me appucauun. The project will be subject to the conditions and restrictions contained In the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best ofmyknowledge. Date �'y \S Print Name �� VC cj, �t1-z,* . 1 �o. V t`t�e RS t 1—�` C via r i `i \rGV\r,je �L 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 RECEIVED IRbCM MP-4 Structures Information FEB 2 0 79115 venllntrte ern 252.808-2808 .: 1-888.4RCOA3T :: www.nocoastaimanagement.net Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: ®Commercial ❑Public/Govemment ❑Private/Community a (1) Dock(s) and/or pier(s) (Li) Number 2 (III) Length r ` 60' (iv) Width 8 10' (v) Floating []Yes ®No e. (1) Are Platforms included? ®Yes []No If yes: III) Number 1 at end of Dock B (iii) Length 40' (iv) Width 10' (v) Floating []Yes ®No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed 10 (li) Number of slips existing Dock B - 8, Dock A - /,J 1. Check the proposed type of siting: ❑ Land cut and access channel []Open water; dredging for basin and/or channel ®Open water; no dredging required []Other; please describe: existing dredged channel to basin k. Typical boat length: 40' m. (i) Will the facility have tie pilings? ®Yes []No (11) If yes number of tie pilings? )e T® [I This section not applicable b. (i) Will the facility be open to the general public? ®Yes []No d. (I) Are Finger Piers included? MYes ❑No If yes: (II) Number 9 ' (III) Length (iv) Width 4' (v) Floating []Yes ®No f. (1) Are Boatlifts included? ®Yes []No If yes: (li) Number 2 (III) Length 13' (iv) Width 13' h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies ID Dockage ("wet slips") only, number of slips: ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ® Other, please describe: Existing Marine pumpout j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). Average size vessel 35' to 45' Will service vessels from 18' to 100' + 1. (1) Will the facility be open to the general public? ®Yes []No RECEIVED FEB 2 0 2015 E39ItlRMma ellry 252.808.2808 :: 1-888.4RCOAST :: www.nccoastalmanagement.net revised: 12/27/06 Form DCM MP-4 (Structures, Page 2 of 4) 2. DOCKING FACILITY/MARINA OPERATIONS ❑This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ® Office Toilets ® Toilets for patrons; Number: 2; Location: Existing Marina Office Building ® Showers ® Boatholding tank pumpout; Give type and location: Existing Marina Office, Pumpout of Dock A b. Describe treatment type and disposal location for all sanitary wastewater. Existing municipal sewer service from Town of Belhaven c. Describe the disposal of solid waste, fish offal and trash. Trash Service Town of Belhaven d. How will overboard discharge of sewage from boats be controlled? Signage for pumpout, vessel monitoring by dockmaster e. (i) Give the location and number of "No Sewage Discharge" signs proposed. 3 - one at marina office and one at base of each dock (ii) Give the location and number of "pumpout Available" signs proposed. 3 - one at marina office and one at base of each dock f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. N/A g. Where will residue from vessel maintenance be disposed of? N/A h. Give the number of channel markers and "No Wake" signs proposed. No new markers i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. Existing fuel facilities; no additions proposed j. What will be the marina policy on overnight and live -aboard dockage? No live-aboards, overnight dockage for transient boats k. Describe design measures that promote boat basin flushing? NIA I. If this project is an expansion of an existing marina, what types of services are currently provided? Expansion of number of slips RECEIVED m. Is the marina/docking facility proposed within a primaryor secondary nursery area? FEB 2 0 7015 ❑Yes ®No 15RM"MR9 Pm 252.808.2808 :: 1.8S8.4RCOAST :: www.nccoastalmananemenCrtat revised: 12/271DS Form JDCM its€"-4 (Structures, Page 3 of 4) n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes ONO o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ®None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? []Yes ONO If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) ®This section not applicable a. (i) Is the boathouse structure(s): []Commercial ❑Public/Govemment ❑Private/Community (II) Number (ill) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. A GROIN (e.g,, wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a. (1) Number (ii) Length (iil) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) ® This 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 ®This section not applicable a. Is the structure(s): []Commercial ❑Public/Govemment ❑Private/Community c. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing 7. GENERAL b. Number d. Description of buoy (color, inscription, size, anchor, etc.) RECEIVED FEB 2 0 1015 WM-MHO C-,IIY 252-508.2808 :: 4-888-4RCOASY :: 49�rrw.nccoasia&rreana�ement.net revised: 12127106 Form 6iwvM K F-4 (Structures, Page 4 of 4) a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. 38' from west side; 80' from east side +150' Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body 3 450' e. (i) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (ii) if yes, explain what type and how they will be Implemented. d. Water depth at waterward end of structure at NLW or NWL g'+ Dock A: 7' Dock B 8. OTHER This section not applicable a. Give complete description: Date River Forest Marina Project Name River Forest Partners, LLC Applicant Name C �3 r..Cr Applt S I re r „ RECEIVED FEB 2 0 2015 DCM-MHO CITY 252-808-2808 :: 1-888-4RCOA3T :: www.necoestatmanapemeet.oet revise:::: 12 27/ 35 693 Water Street Belhaven, N.C. 27810 Mr. Steve Trowel NCDENR 943 Washington, N.C. 27889 Washington, NC 27889 Dear Mr. Trowell, I have reviewed the attached pier improvement proposal by River Forest Partners, LLC and have no objection. Sincerely, C� Adam O'Neal RECENED FEB 2 0 2015 Venn-mmo CITY Mr. Axson Smith 810 E. Main Street Belhaven, N.C. 27810 Mr. Steve Trowell NCDENR 943 Washington, N.C. 27889 Washington, NC 27889 Dear Mr. Trowell, I have reviewed the attached pier improvement proposal by River Forest Partners, LLC and have no objection. Sin§eely, Axsmith RECENED FEB 2 0 206 ekp":IWRPI 0 ." OO- �QS � N � o N SAS Igo f;; y01 � m m 3 N m o < RAMAVAS OF OLD DOCK • 1�- c • 0 Q O gOLIAq �k 19 �bc�2 i3 Fi n i e r P, e r--S Sh�et� ll�rxl,13 �a�e I-5•i� cQaoa�r b,� iZ C RECEIVED FEB R 0 20t BP.M-MAR P.RT 0 16 a�< 19 rr,h5c(- ptcrs iti '`jhce� J -Dock uvI 61ckr- I:-S-t s R: r , h. 1 . O' RECENED FEB 2 0 1015 E+em-mmo ero AL19 yHPI-PI36 "0iej �ViJyo aW (71 v -onV N /I/w Ir 69) C: iA �' i ba CD 45 Ki-- �- 45 -or — J hCe' - J� - ), Io,0to k6 1i �t S Lift (Capacity) (Center 4.5001b. A To Center) B (Outside to Outside) Minimum Piling Diameter 7, 0001 b. 10, 0001 b. 13.0001 b. 16, 0001 b. 20.0001 b. 24, 0001 b. *All pilings should be set by a licensed marine contractor *All pilings should be driven to sufficiently hold the rated load requirements of the lift or to code. *All products manufactured by Tide Tamer Industries, Inc. must be installed by a licensed marine contractor or warranty is void. *Disclaimer: Tide Tamer Industries, Inc. reserves the right to make changes to its products at anytime without incurring any obligation to make such changes to products previously manufactured. Neither Tide Tamer, nor its dealers, accepts responsibility for variations, which may be evident in the actual specification of its products and the statements and descriptions contained in this publication. 800-325-1116 Toll Free www.tidetamerboatlifts.com 252-747-4377 Fax ,moo T(� _11 REVIEW Prepared By: STUBBS & PERDUE. P.A. 310 Craven Street New Bent, NC 28560 Without Tile Examinadar Tax Parcel Identification Number(s): 7605-97-7667 Revenue Stamps: SO.00 NORTH CAROLINA BEAUFORT COUNTY UF r 'JerinOa�T LaggatlWl iteN,ti�ti. ,S( Baau rorL County. NC 5ctober 23•. 2014 01:01:25 PM Book 1856 Page 864-810 FEE-. $26 00 MST'RUTIT 4 2014004749 GENERAL WARRANTY DEED THIS GENERAL WARRANTY DEED, dated the _ ' ✓ day of October, 2014, by and between WILLIAM AXSON SMITH, JR, Debtor -in -Possession under chapter 11 of the Bankruptcy Code ("Smith"), and wife, LISA BAX EVANS ("Evans") (herein collectively, the "Grantors"), and RIVER FOREST PARTNERS, LLC, whose address is 1004 Wake Forest Road, Raleigh, North Carolina 27604 (herein, the "Grantee"). The designation Grantors and Grantee as used herein shall include the parties indicated and their respective heirs, successors, legal representatives and assigns, and shall include singular, plural, masculine, feminine or neuter as required by the context. WITNESSETH: WHEREAS, Smith filed a voluntary petition seeking relief under chapter 11 of the Bankruptcy Code on November 21, 2013; and WHEREAS, the sale to the Grantee herein has in all respects been approved and confirmed by the Bankruptcy Court pursuant to the applicable Federal Rules of Bankruptcy Procedure and the Bankruptcy Code; and WHEREAS, a Consent Order Allowing Motion to Sell Real Property Free and Clear of RECEIVED FEB 2 0 2015 De"Pa any R Y, Liens and Other Interests with Liens to Attach to Proceeds (the "Sale Order"). authorizing the Grantor to sell the herein described property free and clear of liens of record and said liens will attach to the proceeds of sale, said Sale Order having been entered on the 11th day of August, 2014, by the Honorable Judge Stephani W. Humrickhouse, Chief Bankruptcy Judge for the United States Bankruptcy Court for the Easter District of North Carolina (the `Bankruptcy Court"), a certified copy of said order being attached hereto as EXHIBIT A; NOW, THEREFORE, by virtue of the Orders of the Bankruptcy Court authorizing said sale and confirming the same and for other good and valuable consideration, the terms, amounts and conditions of which are more fully set out in that certain Sale Order, the receipt and sufficiency of which is hereby acknowledged, the Grantors do hereby give, grant, bargain, sell, set over and convey unto the Grantee, said Grantee's heirs and assigns, the following real property, to wit: All that certain tract or parcel of land lying and being situate in the Town of Belhaven, Beaufort County, North Carolina and being more particularly described as follows: Being all of the 4.34 acres, more or less, as shown on that map of survey entitled "Final Plat for River Forest Partners, LLC", prepared by Gaskins Land Surveying, P.A., dated May 6, 2013 and recorded in Plat Cabinet I, Slide 23-6, Beaufort County Registry, reference to which is made for a more complete description. This conveyance is trade subject to: 1) 2015 ad valorem taxes not yet due and payable. 2) Easements and restrictions of record. TO HAVE AND TO HOLD the same together with all privileges and appurtenances thereunto belonging to said Grantee and Grantee's heirs and assigns forever, as fully and completely as the Grantors, by virtue of the powers and authority so vested in said Grantors, might sell and convey the same. And Grantor covenants with Grantee that Grantor is seized of the premises in fee and has the right to convey the same in fee supple, that the title is free and clear of all liens and encumbrances except as herein otherwise described, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever. RECEIVED FEB 2 0 2015 Dem-WIFIR !'Rt IN TESTIMONY WHEREOF, the Grantors have signed and sealed this Deed as of the day and year fust above written. =7 ;, (SEAL) WILLIAM ARSON SMITH, A .� (SEAL) LISA BAX EVANS NORTH CAROLINA COUNTY I, a Notary Public of County, North Carolina, certify that on this day before me personally appeared William Axson Smith Jr., and wife Lisa Bax Evans, personally known to me or who produced satisfactory evidence of identification and voluntarily signed the foregoing or attached instrument for the purposes therein expressed and in the capacity indicated. WITNESS my hand and official stamp or seal this the ;ti day of October, 2014. Notary Public My Commission Expires: RECEIVED FEB 2 0 1015 DCM-MHo CITY Case 13-07253-8-SWH Doc 95 Filed 08/11/14 Entered 08/11/14 Exhibit A SO ORDERED. SIGNED this 11 day of August,2014. �lcYf.�Gw.G �.�. .d✓tI�N.Ma.ELf.OLG.ii.� Stephani W. Humriekhouse United States Bankruptcy Judge UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF NORTH CAROLINA GREENYILLE DMSION IN RE: WILLIAM AXSON SMITH, JR., CASE NO. 13-0725341-SWE CHAPTER 11 DEBTOR THIS CAUSE coming on to be heard before the Court upon the Motion to Sell Real Property Free and Clear of Liens and Other Interests with Liens to Attach to Proceeds (the "Motion') tiled by William Axson Smith, Jr. (the "Dcb s1'I; and, it appearing from a review of the record that all lienholders, interest holders and claimants in this action were served with a copy of the Motion and the Notice of Motion to Sell Real Property Free and Clear of Liens and Other Interests with Liens to Attach to Proceedr (the "Notice 'I of same; and, it further appearing that no objection or response was filed to the Motion by any party -in -interest; and it further appearing that the sale, as requested and outlined in the Motion, would be In the best interest of the Debtor, the bankruptcy estate and all creditors; and for other good cause shown: IT IS, NOW, THEREFORE, ORDERED, ADJUDGED AND DECREED as follows: 1. This is a core proceeding pursuant to 28 U.S.C. § 157 and the Court has jurisdiction of this matter pursuant to 28 U.S.C. §§ 151, 157 and 1334. 2. The real property owned by the Debtor and located at the intersection of Main Street and Riverview Street, with a physical address of 738 E. Main Street, Belhaven, North of 4 RECEIVED FEB 2 0 ?9A E)@W-ntHH etry iv, 185tG �6B Case 13-07253-8-SWH Doc 95 Filed 08/11/14 Entered 08/11/1413:28:53 Page 2 of 4 3. Carolina (hereinafter, the "River Forest Pr9pal ')' shall be sold free and clear of the following liens, encumbrances, claims and interests: A. Any and all real property taxes due and owing to any City, County or municipal corporation arising from the ownership of River Forest Property. B. Upon information and belief, the following liens on the River Forest Property, and proceeds therefrom: I. Deed of Trust executed by the Debtor on or about March 28, 2006, in favor of Southern Bank, which was recorded in Book 1512, Page 196 of the Beaufort County Registry, Instrument No. 2006001651 (the "First Deed of Trust"). ii. Deed of Trust executed by the Debtor on or about March 28, 2006, in favor of Southern Bank, which was recorded in Book 1512, Page 209 of the Beaufort County Registry, Instrument No. 2006002652 (the "Second Deed of ' The River Forest Property is more particular described as follows: In the Town of Belhaven, Beaufort County, North Carolina, more particularly described as follows: BEGINNING at an iron marker in the Eastern side line of Riverview Street at Its intersection with the Southern side line of Main Street in the Town of Belhaven, thence running with the Southerly edge of Main Street in the Town of Belhaven North 64 degrees 39' West 217 2 feet to an iron marker, thence continuing with the Southerly edge of Main Street North 64 degrees 39' West 126 8 feet to an iron marker, thence South 26 degrees 5' West 340 feet more or less to the waters edge of Pantego Creek, thence along the Northerly shore line of Pantego Creek and thence In a Southerly direction with a wooden dock and thence a Westerly and Northwesterly course with a cement wall to a point in the Easterly edge of Riverview Street at its point of intersection with the water's edge of Pantego Creek, thence with the Easterly edge of Riverview Street North 23 degrees 56' East 226 2 feet back to the point of beginning, and being Lou I and 2 as platted on survey map dated October 28, 1969 by Gene Cox, RS, of record in Map Book 21 at Page 6, Beaufort County Registry. Further reference is made to Deed dated March 5, 1947 by Julia Hines to William Axson Smith, Book 372, Page 389, Beaufort County Registry, and as the First Tract conveyed to Melba G. Smith by Deed dated December 10, 1979 of record in Book 787, Page 465, Beaufort County Registry, and also to Deed dated June 14, 1949 by Julia D. I -lines to William Axson Smith, and wife, Melba V. Smith, of record in Book 389, Page 591, Beaufort County Registry, to which Deeds reference is herein made and incorporated for a more complete and detailed description. RECEIVED FEB 2 0 ir1ls PQM-MH5 Crry Case 13-07253-8-SWH Doc 95 Filed 08/11/14 Entered 08/11/14 13:28:53 Page 3 of 4 Trust") iii. Notices of Federal Tax Liens, Nos. 13-M-4 and 13-M-5, filed by the Internal Revenue Service ("]RT') in the Superior Court of Beaufort County, North Carolina on or about December 28, 2013 (die "Tax Liens"). C. Any and all remaining interests, liens, encumbrances, rights and claims asserted against the Property, which relate to or arise as a result of a sale of the.Property, or which may be asserted against the buyer(s) of the Property, including, but not limited to, those liens, encumbrances, interests, rights and claims, whether fixed and liquidated or contingent and unliquidated, that have or may be asserted against the Property or the purchaser(s) of the River Forest Property by the North Carolina Department of Revenue, the Internal Revenue Service, the Employment Security Commission, and any and all other taxing and government authorities. 4. A sale of the Property by the Debtors, as disclosed in the Motion and contemplated in the Plan of Reorganization, which was confirmed by tite Court upon entry of the Order Confirming Plan [DE-78] (the "Confirmation Order') on July 3, 2014, would be in the best interest of the estate and interested parties to this proceeding. 5. The Debtor is authorized to take any action necessary to consummate and effectuate the sale of the River Forest Property to Purchase pursuant to the Purchase Agreement attached to the Motion as Exhibit A. 6. The liens named herein shall attach to the proceeds of the Proposed Sale (the "Sales Proceeds'). T On the Closing Date, the Sates Proceeds shall be distributed as follows: (i) to pay the reasonable and necessary closing costs, including any amounts owed under the Order Authorizing Debtor to Employ and Approving Commissions to Broker [DE-57] (tile "Broker Employment Order") entered by the Court on March 24, 2014; (ii) any assessed against the Debtor under 28 U.S.C. 1930; (iii) to pay all outstanding ad valorem property taxes owed by the Debtor on the River Forest Property through the Closing Date, including those assessed and remaining unpaid for the 2013 tax year; and (iv) all remaining proceeds shall be distributed to Southern Bank. In the event there are any Sales Proceeds remaining, after the aforementioned application, they shall be distributed to the IRS on account of the Tax Liens. 8. Within thirty (30) days of the Closing Date, Southern Bank shall cause the First Deed of Trust and Second Deed of Trust, both of which are currently on file with the Beaufort County Register of Deeds, marked satisfied. 9. Charles Brantly Tillman, Jr. (the "Purchaser') shall not have any liability for, nor shall the buyer in any manner be responsible for any liabilities or obligations of the Debtor, 10. Ad creditors and claimants of, and all persons having an interest of any nature derived through, the Debtor are permanently enjoined from pursuing any action against the RECEIVED FEB 2 0 105 htf-kll'woo *" Case 13-07253-8-SWH Doc 95 Filed 08/11/14 Entered 08/11/14 13:28:53 Page 4 of 4 Purchaseror the River Forest Pronerty, as described herein, once Acquired by the Purchaser. SO ORDERED. We consent: LOSE Z.FROST N.C. Stala Bar No.,44387 STUB UE, P.A. Attorneys for the Debtor 9209Falls arNeuse Road, Suite II I Raleigh, Noah Carolina 27615 (919) 870-6258 (919) 870.6259 Facsimile E-mail: jjrost(4stubbsoerduecom Wl LIYO' N.C. Slate Bar q 294-0 Attorney for Beauron County 102 W. 2v° Slrcet Washington, North Carolina 27889 (252)946-2418 Slate BarW---2r1822 Attorney for Town of Belhaven Post Office Box 700 Chocowinity, North Carolina 27889 (252)974-1122 E-mail: jbune3Qembargmail.com (END OF DOCUMENT) 4 RECEIVED n FEB 2 0 20 ufoO ,� t vl NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Pat McCrory Governor February 13, 2015 MEMORANDUM: To: Daniel Govoni Major Permits Processing Coordinator Coastal Management Division 400 Commerce Avenue Morehead City, NC 28557 From: Dyk Luben, P.E., Regional Engineer, PWSS/WaRO Subject: CAMA Application Review Applicant: River Forest Partners, LLC Donald R. van der Vaart Secretary Project Location: Project site is located at 738 East Main Street at the River Forest Manor Property adjacent Pantego Creek in the Town of Belhaven, Beaufort County, NC. Proposed Project: Applicant proposes to replace dock B 8' x 232', and 9 slips and a 10' x 40' L- head platform, replace a damaged 10' x 60' fuel dock and add a 4' x 24' and 3 pilings for one additional slip on existing dock A. Applicant proposes to repair existing buildings. REPLY: This office has no objection to the project as proposed. X This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. /11 SIGNED L Public Water Supply Section Washington Regional Office 943 Washington Square Mall, Washington, North Carolina 27889 Phone: 252-946-64811 FAX: 252-948-00401 Internet www,ncwater.org/pws/ An Equal Opportunity \ Affirmative Action Employer DATE RECEIVED FEB 18 1015 WW'. lM.ii erly Pat McCrory Governor -AmF I�CDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Donald R. van der Vaart j� Secretary MEMORAND 'AN 2 Q 2015 eiifish sanitation U TO: Ms. Patti Fowler Water Quality SAeCfeational NCDENR ctton Division of Environmental Health FROM: Daniel Govoni Respond to Daniel Govoni Major Permits Processing Coordinator iMorehead City Office Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 26 January 2015 SUBJECT: CAMA Application Review APPLICANT: River Forest Partners, LLC PROJECT LOCATION: Project site is located at 738 East Main Street at the River Forest Manor Property adjacent Pantego Creek in the Town of Belhaven, in Beaufort County, North Carolina. PROPOSED PROJECT: Applicant proposes to replace dock B 8' x 232, and 9 slips and a 10' x 40' L- head platform, replace a damaged 10' x 60' fuel dock and add a 4' x 24' and 3 pilings for one additional slip on existing dock A. Applicant proposes to repair existing buildings. Please indicate below your position or viewpoint on the proposed project and return this form by 16 February 2015. Please contact R. Kelly Spivey at 252-948-3853, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. Signed ` 4' pf.. ai0V►S RECEIVED FEB 0 3 711+5 943 Washington Square Mall, Washington, INC 27889 Phone: 252-946-6481 1 FAX: 252-94M478 Internet www.nccoastalmanagement.net An Equal opportunity r Affirmative Action Employer - Made in part by recycled paper NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Donald R. van der Vaart Governor Secretary MEMORANDUM TO: Mr. Lee Padrick Division of Community Assistance FROM: Daniel Govoni Respond to Daniel Govoni Major Permits Processing Coordinator Morehead City Office Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 26 January 2015 SUBJECT: CAMA Application Review APPLICANT: River Forest Partners, LLC PROJECT LOCATION: Project site is located at 738 East Main Street at the River Forest Manor Property adjacent Pantego Creek in the Town of Belhaven, in Beaufort County, North Carolina. PROPOSED PROJECT: Applicant proposes to replace dock B 8' x 232', and 9 slips and a 10' x 40' L- head platform, replace a damaged 10' x 60' fuel dock and add a 4' x 24' and 3 pilings for one additional slip on existing dock A. Applicant proposes to repair existing buildings. Please indicate below your position or viewpoint on the proposed project and return this form by 16 February 2015. Please contact R. Kelly Spivey at 252-948-3853, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. s office has no comment on the proposed project. Signe L / This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. Date / — -? ° 943 Washington Square Mall, Washington, NC 27889 Phone: 252-946-6481 1 FAX: 252-948-0478 Internet: www.nocoastalmanagement.net RECEIVED FEB 0 2 1015 An Equal Opportunity 1 Affirmative Action Employer— Made in pan by recycled paper n?-.MA-MUM )!It+ North Carolina Pat McCrory Governor Washington Daily News PO Box 1788 Washington, NC 27889 NCDENR Department of Environment and Division of Coastal Management Braxton C. Davis Director 26 January 2015 Natural Resources Attention: Legal Advertising Department John E. Skvarla, III Secretary Please include the enclosed Notice of Filing in the Public Notice section of the 29 January 2015 edition of your newspaper. If it will not be possible to include this notice in that edition, or if you should have any questions about this notice, please call me as soon as possible at 948-3820. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to: Melissa Sebastian NCDENR COASTAL MANAGEMENT DIVISION 400 COMMERCE AVENUE MOREHEAD NC 28557 Thank you. Sincerely, Sherry Tyson, Secretary Division of Coastal Management ATTACHMENT Cc: File RECEIVED JAN 8 9 10b � � u 943 Washington Square Mall, Washington, NC 27889 Phone: 252-946-6481 1 FAX: 252-948-0478 Internet: www.nccoastalmanagement.net An Equal Opporlunity \ Affirmative Action Employer NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by N.C.G.S. 113A-119(b) that an application for a development permit in an Area of Environmental Concern as designated under the Coastal Area Management Act (CAMA) was received on 26 January 2015. According to the said application submitted by River Forrest Partners, LLC, applicant proposes to replace Dock B 8' x 232, and add 9 slips and a 10' x 40' L- head platform, replace a damaged 10' x 60' fuel dock and add a 4' x 24' and 3 tie pilings for one additional slip on existing Dock A. Applicant proposes to repair existing buildings in the Town of Belhaven, in Beaufort County, North Carolina. A copy of the entire application maybe examined or copied at the office of R. Kelly Spivey, Interim District Manager, Washington Regional Office, 943 Washington Square Mall, Washington, NC, during normal business hours. Public comments received by 17 February 2015 will be considered. Later comments will be accepted and considered up to the time of permit decision Project modifications may occur based on further review and comments. Notice of the permit decision in this matter will be provided upon written request. Steve Trowell, Field Representative Coastal Management Representative NC Division of Coastal Management 943 Washington Square Mall Washington, North Carolina 27889 (252) 948-3954 Please publish on: 29 January 2015 RECEIVED JAN 10 10t tmewrmm5 elm 943 Washington Square Mail, Washington, NC 27889 Phone: 252-946-64811 FAX: 252-948-0478 Internet: www.nccoast@lmanagement.net An Equal Opportunity 1 Affirmative Aclion Employer DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: River Forrest Partners LLC 2. LOCATION OF PROJECT SITE: Project site is located at 738 East Main Street at the River Forrest Manor property adjacent Pantego Creek in the Town of Belhaven, in Beaufort County, North Carolina. Photo Index - 2006:1.16-8445; R-6 2000:116-1464; S-6 1995:116-1268; F-7 State Plane Coordinates - X: 2,710,000 Y: 657,200 Belhaven Quad. (lower left corner) 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit —12 December 2014 Was Applicant Present — Yes PROCESSING PROCEDURE: Application Received — 26 January 2015' Office - Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Beaufort County Land Classification From LUP — Municipal District (B) AEC(s) Involved: PTA (D) Water Dependent: Yes (D) Intended Use: Commercial (E) Wastewater Treatment: Existing - Town Sewer System Planned - N/A (F)Type of Structures: Existing - Piers, docks slips, marina house, restaurant/bed and breakfast, riprap revetment and boat ramp. Planned - Replace existing Dock B and add 9 new slips with associated tie pilings, forger piers, and new L-head platform, replace fuel dock and add three tie pilings and finger pier to Dock A for one additional slip. (G) Estimated Annual Rate of Erosion: Unknown 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non -Vegetated Wetlands Pante o Creek Bottom 3,432 ft2 FC�er (D) Total Area Disturbed: 3,432 ft2 (0.08 acres) (E) Primary Nursery Area: No (F) Water Classification: SC NSW Open: No JAN 2 8 2015 oe .-Immi9 e+rr 8. PROJECT SUMMARY: The applicant proposes to replace Dock B 8' x 232', add 9 slips and a 10' x 40' L- head platform, replace a damaged 10' x 60' fuel dock and add a 4' x 24'and 3 tie pilings for one additional slip on existing Dock A. Applicant proposes to repair existing buildings. River Forrest Partners LLC River Forrest Marina Town of Belhaven Pantego Creek Beaufort County Project Setting The developed 4.34 acre project site known locally as the River Forrest Manor is located at 738 East Main Street within the Town of Belhaven on its east side adjacent Pantego Creek in Beaufort County, North Carolina. The site is developed as a mixed commercial business that once offered a restaurant, bed and breakfast and commercial marina with dockage, fuel and a marina store. The restaurant and bed and breakfast have been out of service for several years. The marina has continued its operations at a diminished level, providing some overnight dockage mainly to transient vessels off the Atlantic Intracoastal Waterway. The project site is situated in an area that both residential and commercial development. The Town of Belhaven has zoning ordinances. The project site is zoned Marine Business. The entire project site is uplands, with no wetlands at the site. Development is centered around the large distinguished Victorian style mansion built in the center of the property in the early 1900s. Vehicular access to the mansion is by an asphalt driveway and parking area. Other associated infrastructure includes a large attached open wooden deck, a tennis court and swimming pool. There is a smaller building adjacent the restaurant/bed and breakfast that housed employees of the B and B but currently is used as short term room rental to the public. The marina is situated in a dredged basin with a dredged access channel off the federal channel offshore in Pantego Creek. The dredged basin is located 500' upstream of the federally maintained wooden breakwater at the mouth of Pantego Creek. Major CAMA Permit No. 244- 88 issued on 8 December 1988 authorized a 100' extension and maintenance of an existing 500' long riprap breakwater on the east side of the dredged basin as well as maintenance excavation of the existing basin to a final depth of 8' below the normal water level (NWL). Existing water depths in the basin average 8' below the NWL and range from minus 4.5' to 12' in depth. There are two existing piers/docks in the dredged basin: Dock A is 8' x 300' with 13 existing formalized slips with associated tie pilings and Dock B is 8' x 232' with 8 existing formalized slips with associated tie pilings. Dock B has suffered some storm related damage and has aged structurally to the point that it has become unsafe/unusable for its intended purpose. There is also a 10' x 60' fuel/dingy dock at the base of Dock A that has suffered storm damage and all that remains are some pilings and stringers. There is an open wooden deck at the base of Dock A as well as the marina office building. Landward of the marina office are the above ground fuel tanks and an equipment shelter. There is an existing marine pumpout on Dock A. Wastewater from boats as well as from the existing buildings is handled by the Town of Belhaven sewer system. The project site shoreline is stabilized with a riprap revetment constructed out of broken concrete. There is an existing boat ramp adjacent to the fuel/dingy dock. Pantego Creek is designated as Inland Waters by the Wildlife Resource Commission. The Environmental RECEIVED JAN Y 8 10M Derv+-arro ery River Forrest Partners LLC Pantego Creek Beaufort County Page Two Management Commission classifies Pantego Creek as SC NSW. This area is closed to shellfishing. Project Description The applicant is proposing to revitalize the existing mansion for the purpose of hosting weddings and other social gatherings. There is no other new upland development planned other than restoration and maintenance of the existing facilities. The applicant proposes to improve the marina facilities by completely replacing Dock B 8' x 232' and adding a 10' x 40' L-head platform at the waterward end. The applicant proposes to construct 8 - 4'x15' finger piers servicing 17 proposed slips (8 existing and 9 new). The slips will be 18' wide x 38' long, similar in length as the existing slips. Two of the slips will have 13' x 13' boat lifts. The slips on Dock B will be for long term rental. The applicant proposes to improve Dock A by adding 1 - 4'x24' finger pier, one new slip and three new tie pilings. The 10' x 60 fuel/dingy dock will be replaced. Anticipated Impacts Once complete, the project will increase boat traffic in the area and the associated environmental impacts. The additional finger piers and platform will increase the shaded impact to Pantego Creek bottom by 796 ftz. Steve Trowell — Washington Regional Office — 22 January 2015 RECEIVED JAN 8 9 20t DCM-MHD CITY Major Permit Fee Schedule DCM % DWQ % Development Type Fee (14300160143510009316256253) (2430016024351000952341) I. Private, non-commercial development that does not Involve he filling or excavation of any wetlands or open water areas: $250 100% ($250) 0% ($0) II. Public or commercial development that does not Involve he filling or excavation of any wetlands or open water areas: $400 100% ($400) 0% ($0) III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C. or D below applies: III(A). Private, noncommercial development, if General Water Quality Certification No. 3490 (See attached) can be applied: $250 100% ($250) 0% ($0) III(B). Public or commercial development, B General Water Quality Certification No. 3490 (See attached) can be applied: $400 100% ($400) 0% ($0) III(C). If General Water Quality Certification No. 3490 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: $400 60% ($240) 40% ($160) III(D). If General Water Quality Certification No. 3490 (see attached) cannot be applied: $400 60% ($240) 40% ($160) IV. Development that involves the filling and/or excavation of more than one acre of wetlands and/or open water areas: $475 60% ($265) 40% ($190) RFCFNED 1AN 2 9 M Dcnn-r., 3 "rr i nis is a wora processing corm to ne completed in Microsoft Word*** NC Division of Coastal Management Major Permit Application Computer Sheet (02/15/2010) Applicant: (p Date: 11/212015 Project Site County L Staff: District: DElizabeth City Washington ❑Morehead City Wilmington Project Name: wm:r r ` Rover File: Date application "received as complete" in the Field SITE DESCRIPTION/PERMIT INFORMATION PNA: []Yes No Photos Taken: YesJ& No❑ Setback Required (riparian): 17Yes ONo Critical Habitat: OYes LgNo []Not Sure 15 foot waiver obtained: ❑Yes No Hazard Notification Returned: ❑Yes J5No SAV: ❑Yes [$No ❑Not Sure Shell Bottom: ❑Yes o ❑ Not Sure Temporary Impacts: 0-Yes ❑No Sandbags: ❑Yes XNo Not Sure Did the land use classification come from county LUP: P}Yes ❑No MitigatioltRequired (optional): ❑Yes ONO Moratorium Conditions: ❑Yes No ❑NA Environmental Assessment Done: ❑Yes XNO ❑NA SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) Nutrient Sensitive Waters (NSW) ❑ Swamp Waters (SW) High Quality Waters (HOW) U Outstanding Resource Waters (OR" WETLANDSIMPACTEEW//f ❑ (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort ( Salicomia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh cordgrass (Spartina (SY) Salt reed grass (Spartina aRemiflora) cynosuroides) ❑ (DS) Salt or spike grass (Distichlis ❑ (SC) Bullrush or three square (Scirpus 0 CM Cattail (Typha sp.) spicata) sp.) ❑ (JR) Black needlemsh (Juncos (SP) Salt/meadow grass (Spartina roemerianus) patens) APPLICATION FEE ❑ No fee required - $0.00 ❑ III(A) Private w/ D&F up to 1 acre; 3490 El III(D) Priv. public or Comm w/ D&F to 1 can be applied - $250 acre; 3490 can't be applied - $400 ❑ Minor Modification to a LAMA Major ❑ Major Modification to a CAMA Major IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 El Permit Transfer - $100 ❑ III(B) Public or commercial w/ D&F to 1 ❑ Express Permit - $2000 acre; 3490 can be applied - $400 ❑ Major development extension request - II. Public or commerciaVno dredge. $100 and/or fill - $400 RECEIVED I. Private no dredge and/or fill - $250 ❑ III(C) Priv. public or comm w /D&F to 1 acre; 3490 can be applied; DCM needs JAN 2 8 2015 DWQ agreement - $400 rY4 W' NM 252.308-2808 :: 1.888-4RCOAST :: www.nccoastalmanaaemen! nef revised: 02/15/10 NC Division of Coastal / Mgt. Application Computer Sheet, Page 2 of 3) /L Applicant: Rtw w/0('//'t1j—SZI—G Date: 1/21/2015 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One New Work ❑ Replace / Maint ZI VjY [IN 3 NewWorkA Replace Maint ❑ ❑ Y J9 N 40 / New Work 12 Maint W Replace jX Y J9 N 5 L r New Work Ll Replace Maint Pff OY ❑N �b / New Work Replace Maint ❑ ❑ Y JAN New Work Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y [IN New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work C1 Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace - Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N JAN S 9 1015 DCM-MHO CITY revised 02/15/10 M. wvrswn oT Uoastat�mgt. Application Computer Sheet, Page 3 of 3) Applicant: R/ tj i`oP S.^ !1- G Date: 1/212015 Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet Habitat Name DISTURB TYPE Choose One TOTAL Sq. Ft (Applied for. Disturbance total includes any anticipated restoration or tem inn acts FINAL Sq. Ft (Anticipated final disturbance. Excludes any restoration and/or temp im ad amount TOTAL Feet (Applied for. Disturbance total includes any anticipated restoration or tam im ads FINAL Feet (Anticipated final disturbance. Excludes any restoration and/or temp impact amount Dredge ❑ Fill ❑ Both ❑ Other �t Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ RECEIVED JAN 2 9 2015 DCM-MHO CITY 252408-2808 :: 1.888.4RCOA3T :: www.necoastalmanaaemen! net revised: 02/15/10 January 5, 2015 Mr. Steve Trowell Coastal Management Field Rep Division of Coastal Management 943 Washington Square Mall Washington, North Carolina 27889 Re: River Forest Manor & Marina Belhaven, NC Dear Steve, River Forest Partners LLC, a group of local citizen investors, purchased the River Forest Manor and Marina (located at 738 E. Main Street, Belhaven, NC) on October 23, 2014. We have already started renovating the marina office building which includes the marina restrooms. We should complete the renovation of this building this month. We have installed a new roof on both the Manor house and the 3 unit block building behind the Manor. We will be installing new windows in both buildings this month. We are going to renovate both buildings; taking the restaurant kitchen out of the Manor and converting it to a catering kitchen. The Manor will no longer have a restaurant. We are going to be a wedding / special event venue utilizing catering services for food. We will continue to operate the marina offering both fuel sales and transit rental on Dock A and long term slip rentals on Dock B. We will use the existing fuel and pump out facilities on Dock A. We will not be building any new buildings or parking facilities. We do, however, want to replace the existing 8 slip Dock B adding 9 new slips, two of which will have boatlifts and add a 10' x 40' platform at the end of Dock B. On Dock A, we want to add a finger pier and one slip. We also want to rebuild the dingy/small boat fueling dock at the base of Dock A. We require no new signage / channel pilings or need any dredging. Please call / email me with any questions. We are going to restore the River Forest Manor, Belhaven's famous landmark to its former grandeur, helping both the Town of Belhaven and eastern Beaufort County's economy. Sincerely, C. Brantley Tillman RECEIVED River Forest Partners, LLC 738 E. Main Street JAN 2 9 1015 Belhaven, NC 27810 DCM-MHD Cm Adam O'Neal 693 Water Street Belhaven, N.C. 27810 Mr. Steve Trowell NCDENR 943 Washington, N.C. 27889 Washington, NC 27889 Dear Mr. Trowell, I have reviewed the attached pier improvement proposal by River Forest Partners, LLC and have no objection. Sincerely, Adam O'Neal RECEIVED JAN S 9101ri DCM-MMD CITY 1T -PO O l� 0 s aid l� Soo s�n`o� `®yaaa:uaaaaaa 'fir 'i •- B'eecasoaseaas�a� } ila l�' Mr. Axson Smith 810 E. Main Street Belhaven, N.C. 27810 Mr. Steve Trowell NCDENR 943 Washington, N.C. 27889 Washington, NC 27889 Dear Mr. Trowell, I have reviewed the attached pier improvement proposal by River Forest Partners, LLC and have no objection. Since ely, Axs Smi In RECEIVED JAN 2 9 2015 PO�_Mi'1� PITY c • �N c� ?RIOF aso c�,c� y Pg I Itu W Z 2'.J RAMANS OF OLD n li 0 c yj • i ®j*e wiz `�,"�-�4 /''���''�,fF� L1. Ica!_=i•`�. ��� . na .a�P`'�6a �, �.e�j ei9`' � i � I rFP•� ..ad. . • a;5°. � Ay. Prepared By: STUBBS & PERDUE. P.A. 3I0 Craven Street New Bern. NC 28560 without Tile Fxaminalirnr Tax Parcel Identification NtunW s): 7605-97-7667 Revenue Stamps: SO,00 NORTH CAROLINA BEAUFORT COUNTY kEUi1-''Cr OF DLci,_ Jerml far LagWl Whtah",S( 6aa�fort COVnt} PIC I 'ober 23 2014 01:01:25 PM Bool; 1856 Page 864-8?0 FEE $26 OC INSTRUMENT 0 2014004149 t,l l I.e Iidi"alien, I I III ��In� 1PlONNI # 2014KR9 GENERAL WARRANTY DEED THIS GENERAL WARRANTY DEED, dated the - day of October, 2014, by and between WILLIAM ARSON SMITH, JR, Debtor -in -Possession under chapter 11 of the Bankruptcy Code ('Smith'), and wife, LISA BAX EVANS ("Evans") (herein collectively, the "Grantors"), and RIVER FOREST PARTNERS, LLC, whose address is 1004 Wake Forest Road, Raleigh, North Carolina 27604 (herein, the "Grantee"). The designation Grantors and Grantee as used herein shall include the parties indicated and their respective heirs, successors, legal representatives and assigns, and shall include singular, plural, masculine, feminine or neuter as required by the context. WITNESSETH: WHEREAS, Smith filed a voluntary petition seeking relief under chapter I of the Bankruptcy Code on November 21, 2013; and WHEREAS, the sale to the Grantee herein has in all respects been approved and confirmed by the Bankruptcy Court pursuant to the applicable Federal Rules of Bankruptcy Procedure and the Bankruptcy Code; and WHEREAS, a Consent Order Allowing Motion to Sell Real Property Free and Clear of RECEIVED JAN 29 70b DCA11-M44 "W" Liens and Other Interests with Liens to Attach to Proceeds (the "Sale Order"). authorizing the Grantor to sell the herein described property free and clear of liens of record and said liens will attach to the proceeds of sale, said Sale Order having been entered on the I Ith day of August, 2014, by the Honorable Judge Stephani W. Hutnrickhouse, Chief Bankruptcy Judge for the United States Bankruptcy Court for the Easter District of North Carolina (the `Banknintcv C(2urt"), a certified copy of said order being attached hereto as EXHIBIT A NOW, THEREFORE, by virtue of the Orders of the Bankruptcy Court authorizing said sale and confirming the same and for other good and valuable consideration, the terms, amounts and conditions of which are more fully set out in that certain Sale Order, the receipt and sufficiency of which is hereby acknowledged, the Grantors do hereby give, grant, bargain, sell, set over and convey unto the Grantee, said Grantee's heirs and assigns, the following real property, to wit: All that certain tract or parcel of land lying and being situate in the Town of Belhaven, Beaufort County, North Carolina and being more particularly described as follows: Being all of the 4.34 acres, more or less, as shown on that map of survey entitled "Final Plat for River Forest Partners, LLC", prepared by Gaskins Land Surveying, P.A., dated May 6, 2013 and recorded in Plat Cabinet I, Slide 23-6, Beaufort County Registry, reference to which is made for a more complete description. This conveyance is [Wade subject to: 1) 2015 ad valorem taxes not yet due and payable. 2) Easements and restrictions of record. TO HAVE AND TO HOLD the same together with all privileges and appurtenances theretmto belonging to said Grantee and Grantee's heirs and assigns forever, as fully and completely as the Grantors, by virtue of the powers and authority so vested in said Grantors, might sell and convey the same. And Grantor covenants with Grantee that Grantor is seized of the premises in fee and has the right to convey the same in fee simple, that the title is free and clear of all liens and encumbrances except as herein otherwise described, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever. RECEIVED JAN 2 8 7W VI+M�hlfi gl1'1 IN TESTIMONY WHEREOF, the Grantors have signed and sealed this Deed as of the day and year first above written. (SEAL) WILLI.AM AXSON SMITH, JR (SEAL) LISA BAX EVANS NORTH CAROLINA . , + COUNTY I, a Notary Public of County, North Carolina, certify that on this day before me personally appeared William Axson Smith Jr., and wife Lisa Bax Evans, personally known to me or who produced satisfactory evidence of identification and voluntarily signed the foregoing or attached instrument for the purposes therein expressed and in the capacity indicated. WITNESS my hand and official stamp or seal this the day of October, 2014. Notary Public My Commission Expires: RECEIVED BAN 2 9 20Z bef-mm""m Case 13-07253-8-SWH Doc 95 Filed 08/11/14 Entered 08/11/1413 Exhibit A SO ORDERED, SIGNED this 11 day of August,2014. Stephani W. Humrickhouse United States Bankruptcy Judge UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF NORTH CAROLINA GREENVILLE DMSION IN RE: WILLIAM ARSON SMITH, JR., CASE NO, 13-007253-8-S'WE DEBTOR. CHAPTER I I THIS CAUSE coming on to be heard before the Court upon the Motion to Sell Real Properly Free and Clear of Liens and Other Interests with Liens to Attack to Proceeds (the "Mots ) filed by William Axson Smith, Jr. (the "Debtor1; and, it appearing from a review of the record that all lietholders, interest holders and claimants in this action were served with a copy of the Motion and the Notice of Motion to Sell Real Property Free and Clear of Liens and Other Interests with Liens to Attach to Proceeds (the'JJQJj ) of same; and, it further appearing that no objection or response was filed to the Motion by any party -in -interest; and it further appearing that the sale, as requested and outlined in the Motion, would be In the best interest of the Debtor, the bankruptcy estate and all creditors; and for other good cause shown: IT IS, NOW, THEREFORE, ORDERED, ADJUDGED AND DECREED as follows: 1. This is a core proceeding pursuant to 28 U.S.C. § 157 and the Court has jurisdiction of this matter pursuant to 28 U.S.C. §§ 151, 157 and 1334. 2. The real property owned by the Debtor and located at the intersection of Main Street and Riverview Street, with a physical address of 738 E. Main Strcet, Belhaven, North of 4 RECEIVED JAN 29 701; aowvw14. a.n Case 13-07253-8-SWH Doc 95 Filed 08/11/14 Entered 08/11/14 13:28:53 Page 4 of 4 Purchaser or the Rivcr Forest Property, as described herein, once acquired by the Purchaser. SO ORDERED. We consent: LOSE Z. FjN. N.C. tale Ba387 STUB E, P.A. Attorneys for the Debtor 9209 Palls olNeuse Road, Suite I I i Raleigh, North Carolina 27615 (919)$70.6258 (919) 970.6259 Facsimile E-mail: ifrosjA2tubbsncrduecom D"- WI LIAM P. MAYO , N.C. State Bar 0 2940 Attorney for Beaufort County 102 W. 2e0 Street Washington, North Carolina 27889 (252) 946-2418 - ail: closing@nrnyoondmayo.com �{yt' O B. TATE, !B . State Berk 2ri$22 Attorney for Town of Belhaven Post Omca Box 700 Chocowinity, North Carolina 27889 (252) 974-1122 E-mail: jbtate3Qembargmail.com (END OF DOCUMENT) 4 RECEIVED JAN 29 2m been. -j F-II,, IV r- 3 0 61 -J RECEIVED JAN 2 9 1015 ,��< �'k 3ex�'srS� 5 tt�wiw�r� f�J �(kK 3 Ca.xS scc'�`i vv� dlait d\?..wt\ by L' t1e`� Salt -A�ns l b' w't AS, GA% sh o w •\ RECEIVED JAN 29 lob Dgm*lMg m p I1t rV sr8 g.A�V r a: �aC(< I JAN S! 10s 9RM-1w�q�,�giry X1tl �L"97ei �unners Sfrvt 1'. tot ----3 Shf--e-k- S L Gf S �ce4- b - � �(,dto kb 1' �t5 Lift (Capacity) (Center 4,5001b. A To Center) B (Outside to Outside) Minimum Piling Diameter 7,0001b. 13, 0001 b. •� 16, 0001 b. 20.0001b. 24, 0001 b. *All pilings should be set by a licensed marine contractor. *All pilings should be driven to sufficiently hold the rated load requirements of the lift or to code. *All products manufactured by Tide Tamer Industries, Inc. must be installed by a licensed marine contractor or warranty is void. *Disclaimer: Tide Tamer Industries, Inc. reserves the right to make changes to its products at anytime without incurring any obligation to make such changes to products previously manufactured. Neither Tide Tamer, nor its dealers, accepts responsibility for variations, which may be evident in the actual specification of its products and the statements and descriptions contained in this publication. 800-325-1116 Toll Free www.tidetamerboatlifts.com 252-747-4377 Fax 3 z N M m go o oN o L] :v.]] r'J.JN 4JM:`AI.ICLCI]'I:J'C>ILr:"' � I 0.1 1CI11 r.� naTi,!�ri.l nlW r'!Y.iC �"'�r'. �r• 1-. 1 i 1 \ ` 1 { I ,rl AL �` 5262 Q F'�•GINE�: O . . �-J •n RIAYRllw.10. ]tix IN C sr] ENGINEERING REVIEW .>„ lo2 n.urai:luu rout 9ur.G ui1 CCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Donald R. van der Vaart Governor Secretary 26 January 2015 River Forest Partners, LLC Mr. Charles B. Tillman 738 East Main Street Belhaven, NC 27810 Dear Mr. Tillman: The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your property located at 738 East Main Street at the River Forrest Manor Property adjacent the Pantego Creek in the Town of Belhaven in Beaufort County, North Carolina It was received on 26 January 2015, and appears to be adequate for processing at this time. The projected deadline for making a decision is 10 April 2015. 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. Steve Trowell, Field Representative for the Division of Coastal Management is responsible for processing your permit and he can be reached at 252-948-3854 or via email at Steve.Trowell@ng!ienr.gov if you have any questions. If this agency does not render a permit decision within 70 days from the 26 January 2015, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of- way fronting your property, or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. 943 Washington Square Mall, Washington, NC 27889 Phone: 252-946-6481 \ FAX: 252-948-0478 Internet: www.nccoastalmanagement.net RECEIVED An Equal Opportunity \ Affirmative Aebon Employer — Made in part by recycled paper 1AN 89 M DCM-MHD CITY River Forest Partners, LLC Mr. Charles B. Tillman 26 January 2015 Page 2 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, Steve Trowell Coastal Management Representative Division of Coastal Management Washington Regional Office Enclosure Cc: Daniel Govoni WARO RECEIVED Jan 2 9 2015 DGM-MHD Cm it NOTI(ol$117A c q U LAMA PERMIT APPLIED FOR Q�WGbHhncTon LYt�Iyy mews aq Sa�nua�y ��5 el ci :A- COMM(�ENTS ACCEPTED THROUGH Irt Fe(oruar.a --)-ot5 APPLICANT: Pmr' vx<o(5 L LC- e FOR MORE DETAILS CONTACT THE LOCAL PER Nv1�IIT OFFICER BELOW: CA 0"""("P" a4������������i )cis acftl n NLal-; 1p gV HE Gam' ♦• I� J T ® \� 51 �`. 0 9 IRT•I W,1 `♦♦ \\\\ C MI Thla map shall nerve as the Official Zoning Map for the Torn of Belhaven, North Carolina and sha0 reptace CC- previous map& This nap wad adopted by the Belhaven To" Couna7 on I\ n n RE EIVED ` fED 20 20t ` MJ i p FM H Will >TOWN OF BELHAVEN "B 1999 ZONING a O�`\ Off\ �i �a Wd �)�1 <\ n RB m B rA ZX-\ ® W1 WATER USE DISTRICT R-5 RESIDENTIAL R-5M RESIDENTIAL MOBILE HOME RA RESIDENTIAL/AGRICULTURAL GS GENERAL BUSINESS HB HIGHWAY BUSINESS I INDUSTRIAL ® MB MARINE BUSINESS ® PRIMARY FIRE DISTRICT AEC AREA OF ENVIROMENTAL CONCERN FRI RAILROAD RIGHT-OF-WAY --------ZONE BOUNDARY --------TOWN BOUNDARY W,1 ETI BOUNDARY ! RAILROAD r ESTUARINE SHORELINE I tom` (75' SETBACK) r% 1� W-3 70= 0 IWO 2000 ® p Scale 1 " = 1 000' / r. ENGINEERS — PLANNERS SURVEYORS JARVIS ' ASSOCIATES, P.A. 130 E. SECOND STREET WASHINGTON, NORTH CAROLINA 27889 (252) 974-7794 20 2015 to" i <; TOWN OF BELHAVEN - - l��'' 1999 ZONING '- +. ® y9/NP c �+ OLD R-SM O ♦�``♦ / c�Q� � ��4. A4 9�� 0 0 LD ROAD ` ,J G�s<„y �r,4� "pF�`? G1 �•yF 5�'P``� �.P�` '� i7/, ♦`````` \\`\\4\ �/ l\ 9l, 4 R-5M / r� A RID( �`. W,i ® AV ` RECEIVED (� � \� 'T / 'RED R PJUJM1� FEB 19 2015RM +++ This map shall serve ve the rtficioi tim for the Torn of Belhaven, North Carolina andd Belhaven, - - w<% replace atl previous maps This map - vdopted tithe Belhaven Town Caux+l . ono i -k 0� u a r v ® W-1 WATER USE DISTRICT R-5 RESIDENTIAL R-5M RESIDENTIAL MOBILE HOME RA RESIDENTIAL/AGRICULTURAL GB GENERAL BUSINESS HB HIGHWAY BUSINESS I INDUSTRIAL MB MARINE BUSINESS ® PRIMARY FIRE DISTRICT AEC AREA OF EN)AROMENTAL CONCERN PR RAILROAD RIGHT-OF-WAY l\ \ �.+-------- ZONE BOUNDARY --------TOWN BOUNDARY W y +++ --,-.-,- ETI BOUNDARY f ! RAILROAD 7 ® j — ESTUARINE SHORELINE I (75' SETBACK) 3 Wd 1000 0 1000 2000 Scale 1 " = 1000 ' ENGINEERS — _ PLANNERS SURVEYORS = JARVIS ASSOCIATES, P.A. 130 E. SECOND STREET WASHINGTON, NORTH CAROLINA 27889 (252) 974-7794 0 Eml Fil This rtwp chat serve as the Offmicl Zoning Map for the Town of Belhaven, Nofth Comfina and shop replace an previous maps This mop Madopted by the Belhaven Town- Council I n n y8 - TOWN OF BELHAVEN .- "' 1999 ZONING R: 0 0 �v `�♦ W-1Av .��v llY vti m ii `i is •Lr i i 1 Fm- r ` \ V W-1 WATER USE DISTRICT HB R-5 RESIDENTIAL R-5M RESIDENTIAL MOBILE HOME RA RESIDENTIAL/AGRICULTURAL GS GENERAL BUSINESS HB HIGHWAY BUSINESS i INDUSTRIAL � oQ MB MARINE BUSINESS R 6 ® ® PRIMARY FIRE DISTRICT f 1 AEC AREA OF ENVIROMENTAL CONCERN RAILROAD RIGHT-OF-WAY c -------- ZONE BOUNDARY 3 Q KILN i ��1` ® --------TOWN BOUNDARY R41m n RF£71 . i o� PANTFGp � r ® yljj, ``.�-•-'-'-'-'- ETI BOUNDARY F ? 4e RAILROAD I RIDG so. 4RD ,_a Q2 ESTUARINE SHORELINE ZWAY +� 'n`/. j� (75' SETBACK) t, PUkGn. I low O Iwo 2000 c I - Q� ® p Scale 1 " — 1 000' i I i JARVIS ASSOCIATES, P.A. 130 E. SECOND STREET RF WASHINGTON, NORTH CAROLINA 27889 IAN (252) 974-7794 2015 CITY