196-07 Environmental Assessment June 2007

MC®ENK.
North Carolina Department of Environment and
Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director
August 29, 2007
Land Management Group
PO Box 2522
Wilmington, NC 28402
Dear Sirs:
William G. Ross Jr., Secretary
Enclosed please find a response from the North Carolina (State) Environmental Policy
Act (SEPA) coordinator concerning the Beaufort Marina Village environmental document
review. The coordinator has indicated that because of the nature of the comments received
during the State Clearinghouse review, no further environmental review action is required under
SEPA.
Please feel free to contact me by phone [phone]) or by e-mail at
([e-mail]) if you would like to discuss this matter further.
Sincerely,
Doug Huggett
Major Permits and Consistency Coordinator
cc: Tere Barrett
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1Affirmalive Action Employer-50% Recycled 110% Post Consumer Paper
4

0
North Carolina
Department of Administration
Michael F. Easley, Governor
August 9, 2007
Mr. Doug Huggett
N.C. Dept. of Env. & Nat. Resources
Div. of Coastal Mgt.
400 Commerce Avenue
Morehead City, NC 28557
Dear Mr. Huggett:
Britt Cobb, Secretary
p ZQ010
AUG l 0 Z007
Morehead City DCM
Re: SCH File # 07-E-4300-0397; EA/FONSI; Proposal to add ten (10) slips at the existing 8-slip
facility, resulting in a total of 18 slips at the Beaufort Village Marina Yacht Club in Carteret
County
The above referenced environmental impact information has been reviewed through the State
Clearinghouse under the provisions of the North Carolina Environmental Policy Act.
No comments were made by any state/local agencies in the course of this review. Therefore, no further
environmental review action on your part is required for the compliance with the Act.
Best regards.
cc: Region P
Mailing Address:
1301 Mail Service Center
Raleigh, NC 27699-1301
Sincerely,
ULAA
Ms. Chrys Baggett
Environmental Policy Act Coordinator
Telephone: [phone]
Fax [phone]
State Courier #51-01-00
e-mail Chrys.BMelt@,nemaii.net
Location Address:
116 West Jones Street
Raleigh, North Carolina
An Equal Opportunity/Affirmalive Action Employer

NORTH CAROLINA STATE CLEARINGHOUSE
DEPARTMENT OF ADMINISTRATION
INTERGOVERNMENTAL REVIEW
MS RENEE GLEDHILL-EARLEY
CLEARINGHOUSE COORD
DEPT OF CUL RESOURCES
ARCHIVES -HISTORY BLDG - MSC 4617
JUL
RALEIGH NC
PECE
'T20^07
REVIEW DISTRIBUTION
i
DENR LEGISLATIVE AFFAIRS
l
DEPT OF AGRICULTURE
DEPT OF CUL RESOURCES
DEPT OF TRANSPORTATION
DIVISION OF COASTAL MANAGEMENT
EASTERN CAROLINA COUNCIL
JUN 06 2001
STATE NUMBER: 07-E- "LWWt1ft0FmM
DATE RECEIVED: 06/25/2007
AGENCY RESPONSE: 08/01/2007
REVIEW CLOSED: 08/06/2007
l N� 7/6�0 7
S
PROJECT INFORMATION
APPLICANT: N.C. Dept. of Env. & Nat. Resources
TYPE: State Environmental Policy Act
ERD: Environmental Assessment/Finding of No Significant Impact
DESC: Proposal to add ten (10) slips at the existing 8-slip facility, resulting in a
total of 18 slips at the Beaufort Village Marina Yacht Club in Carteret County
The attached project has been submitted to the N. C. State Clearinghouse for
intergovernmental review. Please review and submit your response by the above
indicated date to 1301 Mail Service Center, Raleigh NC 27699-1301.
If additional review time is needed, please contact this office at [phone].
AS A RESULT OF THIS REVIEW THE FOLLOWING IS SUBMITTED:
ixNO COMMENT
COM NTS ATTACHED
SIGNED BY:
DATE: • 11 -DA
JUN 2 9 2007

North Carolina
Department of Administration
Michael F. Easley, Governor
Mr. Doug Huggett
N.C. Dept. of Env. & Nat. Resources
Div. of Coastal Mgt.
400 Commerce Avenue
Morehead City NC 28557
Dear Mr. Huggett:
June 25, 2007 Pf
�F� O
D
119
JUL 0 2 2007
Morehead City DCM
Subject: Environmental Assessment/Finding of No Significant Impact - Proposal to add ten (10)
slips at the existing 8-slip facility, resulting in a total of 18 slips at the Beaufort Village
Marina Yacht Club in Carteret County
The N. C. State Clearinghouse has received the above project for intergovernmental review. This
project has been assigned State Application Number 07-E-4300-0397. Please use this number with
all inquiries or correspondence with this office.
Review of this project should be completed on or before 08/06/2007 . Should you have any
questions, please call [phone].
Sincerely,
Ms. Chrys Baggett
Environmental Policy Act Coordinator
Mailing Address: Telephone: [phone]
1301 Mail Service Center Fax [phone]
Raleigh, NC 27699-1301 State Courier 851.01.00
e-mail: [e-mail]
Locadon Address:
116 West Jones Street
Raleigh, North Carolina
An. Equal Opportunity/Afrmative Action Employzr

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FINDING OF NO SIGNIFICANT IMPACT
Beaufort Village Marina Yacht Club
Carteret County
The following is a Finding of No Significant Impact (FONSI) for the proposed Beaufort
Village Marina Yacht Club project in Carteret County. The proposed project, as outlined in the
Environmental Assessment, involves the addition to 10 new slips at the existing 8-slip facility,
resulting in a total of 18 slips.
This EA/FONSI are prerequisites for the processing of a Coastal Area Management Act
by the Division of Coastal Management.
It is concluded that the proposed project will not result in significant impacts to the
environment provided that it can be permitted and subsequently developed consistent with the
State guidelines in the Rules of the Coastal Resources Commission and the avoidance/mitigation
measures contained in the EA. An Environmental Impact Statement (EIS) will not be prepared
for this project.
North Carolina Division of Coastal Management
June 22, 2007

w - %t P
JUN
2 0 2007
ENVIRONMENTAL ASSESSME
Beaufort Marina Village Yacht Club
Beaufort Marina Village Yacht Club, Inc.
Beaufort. NC
Beaufort Channel
Carteret County, North Carolina
Prepared for:
NC Division of Coastal Management
Prepared by:
Land Management Group, Inc.
Environmental Consultants
Wilmington, NC
June 2007
State Clearinghouse

k
ENVIRONMENTAL ASSESSMENT
BEAUFORT MARINA VILLAGE YACHT CLUB
BEAUFORT CHANNEL
CARTERET COUNTY, NORTH CAROLINA
TABLE OF CONTENTS
Item
Paqe
I. Proposed Project Description......................................................................
1
II. Purpose and Need for Proposed Project .....................................................
2
III. Alternatives Analysis....................................................................................
2
IV. Existing Environmental Characteristics.......................................................
4
A.
Topography............................................................................................4
B.
Soils.......................................................................................................
5
L' C.
Land Use................................................................................................
5
D.
Wetlands................................................................................................
5
E.
Prime or Unique Agricultural Lands ........................................................
6
F.
Public Lands and Scenic, Recreational and State Natural Areas...........
6
,- G.
Areas of Archaeological or Historical Value ............................................
6
iH.
Air Quality ...............................................................................................
6
I.
Noise Levels...........................................................................................
6
J.
Water Resources....................................................................................
7
K.
Forest Resources...................................................................................
7
L.
Shellfish or Fish and Their Habitats........................................................
7
Shellfish..................................................................................................
7
Fisheries.................................................................................................8
Benthos..................................................................................................
9
M.
Wildlife and Natural Vegetation..............................................................
9
V. Predicted Environmental Effects................................................................
10
A.
Topography..........................................................................................10
B.
Soils.....................................................................................................
11
C.
Land Use..............................................................................................
11
D.
Wetlands..............................................................................................
11
E.
Prime or Unique Agricultural Lands ......................................................
11
F.
Public Lands and Scenic, Recreational and State Natural Areas.........
11
G.
Areas of Archaeological or Historical Value ..........................................
11
H.
Air Quality.............................................................................................
12
I.
Noise Levels.........................................................................................
12
J.
Water Resources..................................................................................
12
K.
Forest Resources.................................................................................
13
' L.
Shellfish or Fish and Their Habitats......................................................
13
Shellfish................................................................................................
13
Environmental Assessment ii
Beaufort Marina Village Yacht Club, Inc., Beaufort Channel, Carteret County

Fisheries...............................................................................................
13
Benthos................................................................................................
13
M. Wildlife and Natural Vegetation............................................................
14
N. Introduction of Toxic Substances.........................................................
15
VI.
Mitigative Measures...................................................................................
15
VII.
Cumulative Impacts...................................................................................
16
Vill.
References................................................................................................
16
IX.
State and Federal Permits Required..........................................................
18
Environmental Assessment iii
Beaufort Marina Village Yacht Club, Inc., Beaufort Channel, Carteret County

ENVIRONMENTAL ASSESSMENT
BEAUFORT MARINA VILLAGE YACHT CLUB
BEAUFORT CHANNEL
CARTERET COUNTY, NORTH CAROLINA
LIST OF TABLES, FIGURES AND ATTACHMENTS
Table 1 ........................ Federally -Listed Species Observed in Craven County, NC
Figure1...............................................................................................
Vicinity Map
Figure 2...........................................................................
USGS Topographic Map
Figure3...................................................................................................Soils
Map
Figure 4.............................................................................1998
Aerial Photograph
Figure 5 ...........................
Aerial Photographs, Existing Docks and Adjacent Uses
Figure 6...........................................................
Site Photographs, Existing Parking
Figure 7...............................................................
Site Photographs, Existing Dock
Figure 8...............................................Threatened
and Endangered Species Map
Figure 9....................................................................................
Existing Conditions
Figure10..................................................................................................
Site Plan
Figure 11....................................................................................
Dock Dimensions
Figure12................................................................................................Slip
Count
Figure 13.................................................................................
Dock Cross Section
Environmental Assessment iv
Beaufort Marina Village Yacht Club, Inc., Beaufort Channel, Carteret County

ENVIRONMENTAL ASSESSMENT
BEAUFORT MARINA VILLAGE YACHT CLUB
BEAUFORT CHANNEL
CARTERET COUNTY, NORTH CAROLINA
NOVEMBER 2006
Proposed Project Description
The 0.5-acre subject property is located along Beaufort Channel near the
Newport River Estuary and within the marine business district of Carteret
County, North Carolina. The property is an upland peninsula situated off
Piver's Island Road (surrounded by what is locally known as "Knasty
Harbor"). Two dock systems are currently located within the property's
riparian corridor: the ten -slip Piver's Island Marina and the nine -slip
Beaufort Marina Village Yacht Club. The property holds riparian rights to
both dock systems, however, the Piver's Island Marina dock existed
before the current owner purchased the property and is under long-term
lease by others. The Beaufort Marina Village Yacht Club dock was
constructed by, and slips are leased and maintained by, the current
owner/applicant (the Hoells). The property is bulkheaded and had been
previously developed as a gravel parking lot which serves both docking
facilities.
The subject of this EA is the proposed expansion of the Beaufort Marina
Village dock system. No changes are proposed to the Piver's Island
Marina dock. Beaufort Marina Village Yacht Club, Inc. proposes to
remove one of the existing slips and add ten (10) slips, for a future total of
eighteen (18) permanent slips. The existing facility currently consists of
an approximately 160' fixed wooden dock and five fixed fingers. Eight of
the existing boat slips are approximately 45' in length. There is an
additional 60' floating dock extending from the easternmost edge of the
fixed dock that offers additional tie-up space for vessels larger than 45'
(the ninth slip). An elevated, fixed wooden pier of approximately 40' in
length spans a narrow fringe of coastal marsh along the northern side of
the tract and provides access to the dock.
The proposed expansion includes the addition of a 154 ft x 7 ft floating
dock and four 40 ft x 5 ft floating finger piers. Vessels will be double
loaded between fingers. Of the ten additional slips, one will be 20 ft x 40
ft, seven will be 19 ft x 65 ft, and one will be 28 ft x 65 ft. There will be one
49 ft side -to slip along the back side of the proposed docking system,
parallel to the concrete bulkhead.
Environmental Assessment
Beaufort Marina Village Yacht Club, Inc., Beaufort Channel, Carteret County

The marina will feature permanent dockage for transient vessels and
recreational fishing vessels up to 65 ft in length. All boat slips will be sold
upon completion and the marina will be maintained by the Beaufort Marina
Village Yacht Club Dock Owner's Association. When the Beaufort Marina
Village dock is transferred, the Piver's Island Marina Club and associated
riparian rights will be permanently transferred to the current users (now
under long-term lease). With the proposed Beaufort Marina Village
expansion, the number of slips on the overall property would total twenty-
eight (eighteen at the Beaufort Marina Village dock and ten at the Piver's
Island dock).
The proposed project involves water —dependent structures for the
Beaufort Marina dock only. All upland development, including parking, is
in place. There will be no additional upland development.
II. Purpose and Need for Proposed Project
This Environmental Assessment (EA) is to provide the North Carolina
Department of Environment and Natural Resources (DENR) and
associated agencies with a decision making tool to assist in determining if
the proposed marina is of sufficient impact to the environment as to
require the preparation of an Environmental Impact Statement. If an EIS
is not warranted, a Finding of No Significant Impact (FONSI) will be issued
prior to the approval of a CAMA Major Development Permit. It should be
noted that a FONSI does not assure the issuance of a CAMA Major
Permit.
The Beaufort area attracts individuals who seek to enjoy the scenic and
recreational resources of Bogue Sound, the Atlantic Ocean as well as
other neighboring waterways. Commercial and recreational saltwater
fishing, marine trades and marine research are important contributors to
the local economy. The proposed project will help facilitate the demand
for increased water access and promote recreational fishing and boating
opportunities in the Beaufort vicinity.
III. Alternatives Analysis
A. No -Build Alternative
The No -Build Alternative would leave the Beaufort Marina Village
dock system in its present condition. There are currently eight (8)
fixed slips providing docking abilities to vessels up to 40 ft. Due to
the close proximity of a number of recreational water bodies,
recreational and transient vessels over 40 ft in length are popular
and common in this vicinity of coastal North Carolina. The no -build
alternative would not provide these additional boating and docking
Environmental Assessment
Beaufort Marina Village Yacht Club, Inc., Beaufort Channel, Carteret County

opportunities. This alternative would also reduce the opportunity for
a reasonable return on investment for the developer.
B. Construction of an Upland Marina Basin
Due to space constraints there are no identifiable areas for upland
marina development. Uplands existing on the property are
currently being used to provide parking facilities for dock users.
Remaining undeveloped areas have a thick fringe of coastal marsh
vegetation. Development within these areas would carry an
unnecessary environmental burden and would encroach upon
county mandated parking facilities and the state maintained
roadway, Pivers Island Road.
C. Applicant's Preferred Alternative
Beaufort Marina Village Yacht Club, Inc. (Beaufort Marina Village)
proposes to expand the existing dock system with the addition of
ten boat slips. There are nine existing slips in the Beaufort Marina.
One slip will be removed and ten will be added, for a total of 18,
slips after new construction is complete. Vessels will be double
loaded between fingers. Pilings will anchor the floating dock
system and serve to separate individual slips.
The existing slips are 45 ft in length. In order to facilitate the
improvements to the marina, a 60 ft floating dock and associated
pilings that currently extendsfrom the waterward edge of the
existing fixed dock will be removed.
The proposed expansion includes the addition of one 154 ft x 7 ft
floating t-dock and four 40 ft x 5 ft floating finger docks, anchored
by pilings. Vessels will be double loaded between fingers. The
proposed expansion will result in an additional ten (10) slips. There
will be one new 20 ft x 40 ft slip added to the end of the existing
dock. The proposed expansion will also result in seven 19 ft x 65 ft
slips and one 28 ft x 65 ft slip along the waterward side of the
floating dock. There will be one additional 49 ft tie-up along the
back side of the proposed docking system, parallel to the concrete
bulkhead.
Initial excavation for the existing docking facility was permitted
through CAMA (Permit No. 15-94) to obtain a minimum of -6 ft
NLW. Routine maintenance dredging to obtain a minimum of -5 ft
NLW in the area of both the existing dock and the proposed dock
has also been permitted for this site. There is no new excavation
proposed for the current marina expansion (see enclosed permits).
Environmental Assessment
Beaufort Marina Village Yacht Club, Inc., Beaufort Channel, Carteret County

The marina will feature permanent dockage for transient vessels
and recreational fishing vessels up to 65 ft in length. All boat slips
will be sold upon completion and the marina will be maintained by
the Beaufort Marina Village Yacht Club Dock Owner's Association
(see enclosed Covenants).
Marina policy will be to allow no overboard discharge of waste,
including treated or untreated sewage (see enclosed covenants,
pg. 6). The marina will feature a portable waste pumpout system
on the floating dock to service vessel holding tanks. The pumpout
system will be easily accessible and in a convenient location for
boaters. It will be the responsibility of the Dock Owner's
Association to hire a contractor to routinely remove wastes from the
pumpout system.
IV. Existing Environmental Conditions
A. Topography
The project site is situated off of US 70 along Piver's Island Road in
the Town of Beaufort, Cartert County, NC. Piver's Island Road
extends south of the property, crossing Beaufort Channel onto
Piver's Island. Piver's Island currently houses the Duke University
Marine Laboratory and the National Oceanic and Atmospheric
Association (NOAA) Beaufort Laboratory.
The subject tract contains 0.502-acre above the mean water level
as shown on a 2006 survey by Powell Surveying Company, PA of
Beaufort, NC. The upland elevation, including the existing parking
lot is +5 ft mean sea level (MSL) according to USGS topographic
maps. Water depths within the immediate vicinity of the proposed
project range from -4 ft NLW to -9 ft NLW.
There is a fringing salt marsh situated on the northwestern side of
the property which adjoins the property boundary to the north.
Dominant species identified by scientists at Land Management
Group, Inc. include, Spartina altemiflora, Borrichia frutescens,
Limonium sp., Spartina patens and Salicornia virginica.
On -site uplands are largely impervious and include a parking facility
that is composed of large gravel deposits and packed dirt. The
current owner has reclaimed approximately 3,150 square feet of
green space within the 30ft NC CAMA Coastal Shoreline Buffer.
This reclaimed space is situated along the eastern bulkheaded
edge and had previously been part of the parking facility. The
remaining 18,716 square feet of upland is the existing parking lot,
making 86% of the site existing impervious cover.
Environmental Assessment
Beaufort Marina Village Yacht Club, Inc., Beaufort Channel, Carteret County

B. Soil
According to the soil survey of Carteret County, NC, soils on this
tract are classified as Newhan fine sand (Nd). This soil type is
common in areas of dredge spoil deposits on islands, marshes and
low marine terraces during water channel construction and
maintenance (USDA 1987).
C. Land Use
The proposed property is outside of the land use jurisdiction of the
Town of Beaufort. The property is therefore subject to the land use
plan set forth by Carteret County, NC. The land use designation in
the 2005 update appears to be residential, although it is noted that
the property is located in a very small area of county jurisdiction
between Morehead City and the Town of Beaufort.
The property is within a marine business (B-2) zoning designation.
Surrounding commercial properties in the immediate vicinity include
Smith's Railway, which is an active boat yard, and several seafood
and commercial fishing businesses. There are also several
residential properties to the north of the proposed project.
Pivers Island, directly to the south of the proposed property, is
being utilized by NOAA and Duke University for marine research
facilities.
The original docking facility and excavation was authorized through
earlier CAMA permits (see enclosed permits). There will be no
additional impervious surface coverage within the NC DCM Area of
Environmental Concern. The existing gravel parking area contains
enough area around its perimeter for an excess of thirty 9' x 18'
parking spaces. This current parking area will provide at least one
parking space for every slip, current and proposed. No increase in
parking is needed.
D. Wetlands
As previously indicated, a large portion of the perimeter of the tract
has been reinforced with a concrete bulkhead. There is a fringing
wetland of semi -diurnal salt marsh located around the northern
edge of the property, especially northwest of the existing docking
facility.
Species indentified in the low to mid marsh include, smooth
cordgrass (Spartina alterniflora), sea oxeye (Borrichia frutescens),
Environmental Assessment
Beaufort Marina Village Yacht Club, Inc., Beaufort Channel, Carteret County

and sea lavender (Limonium sp.). Mid to high marsh species
include, salt meadow cordgrass, also known as salt meadow hay,
(Spartina patens) and glasswort (Salicomia virginica).
The proposed marina expansion will be located in the open water to
the east of the bulkheaded peninsula. No construction or
development will occur within the on -site salt marsh community.
E. Prime or Unique Agricultural Lands
No agricultural land exists within the boundaries of the project site.
F. Public Lands and Scenic, Recreational and State Natural Areas
The waters of Beaufort Channel and the Newport River Estuary are
designated as public trust waters by the State of North Carolina.
Submerged lands at the project site are also owned by the State of
North Carolina.
This area of coastal North Carolina offers excellent scenic and
recreational opportunities for the public. Popular recreational
activities in this area include fishing, crabbing, boating and sailing,
canoeing and wildlife observation.
G. Areas of Archaeological or Historical Value
The subject property is a small peninsula of land thought to have
been partially, if not completely, created from disposal of dredge
spoil. There are no structures on the property and no known
previously existing structures.
Several structures located in the Town of Beaufort, NC, have been
identified by the National Register of Historic Places. Several
eighteenth and nineteenth century private homes (including the
Gibbs House and the Henry Jacob House), the Old Burying
Ground, and a historic cemetery dating back to the Civil War are
located in Beaufort. However, none of these listed properties are
near the subject property which is outside the town's limits.
H. Air Quality
The Washington Regional Office of the NC DENR has jurisdiction
over the air quality in this region. It has been determined that the
ambient air quality for Carteret County is in compliance with all
National Ambient Air Quality Standards.
Noise Levels
The project site is in the vicinity of other commercial properties and
county roadways. Ambient noise levels adjacent to the project site
Environmental Assessment
Beaufort Marina Village Yacht Club, Inc., Beaufort Channel, Carteret County

are relatively low and result from local vehicular traffic and boat
traffic.
Water Resources
Surface water
Waters in the vicinity of the property are classified as SA, HQW by
the North Carolina Environmental Management Commission
(EMC). SA waters are used for shellfishing and marketing
purposes, primary recreation, including swimming, secondary
recreation, such as boating and fishing, aquatic life propagation and
survival. All waters classified SA also have a HQW supplemental
classification that is intended to protect waters with higher water
quality than state standards. The Newport River Estuary
separates Bogue Sound from Back Sound and discharges into the
Atlantic Intracoastal Waterway through Beaufort Inlet. The project
site is located in the White Oak River Subbasin 03-05-03.
Water depths within the existing docking facility range from -4 ft
NLW to -6 feet NLW. Water depths adjacent to the concrete
bulkhead on the eastern side of the property and within the footprint
of the proposed expansion area range from -4 ft NLW to -9 ft NLW.
Minimum water depths in Beaufort Channel are -8 ft NLW.
Water levels at the project site are subject to wind tides and lunar
tides. The lunar tidal range in the vicinity of Beaufort Channel is
roughly 3.1 feet in amplitude (NOAA). Excessive rainfall during
storm events such as northeasters and hurricanes can also
generate significant changes in water levels and flow.
Groundwater
Groundwater is plentiful throughout the Craven County survey area
(USDA 1987). During winter and early spring, groundwater is near
the surface in most locations. The surficial aquifer reaches to a
maximum of around 75 ft. The main source of water supply in
Carteret County is the underlying limestone of the Yorktown or
Castle Hayne Formations (USDA 1987).
K. Forest Resources
No forest resources are located on the property.
L. Shellfish or Fish and Their Habitats
Shellfish
The North Carolina Department of Environmental Health Shellfish
Sanitation Branch evaluates shellfishing resources in this vicinity.
Waters in the immediate vicinity are currently closed to shellfishing.
Environmental Assessment
Beaufort Marina Village Yacht Club, Inc., Beaufort Channel, Carteret County

The applicant has mapped the location of an oyster bed which
exists under the fixed access pier to the Piver's Island dock system,
on the southern edge of the property. There are no shellfish beds
within the footprint of the existing docking facility or within the
proposed marina expansion.
Fisheries
The location for the proposed project is not within a Primary
Nursery Area (PNA). No submerged aquatic vegetation (SAV) has
been observed in the proposed project area. Given that existing
depths are greater than -4' NLW over much of the project area and
maintenance dredging has occurred, the area is not likely to
provide suitable SAV habitat.
Carteret County has extensive acreage of estuarine waters and it's
proximity to the Atlantic Ocean provides access for both
commercial fishing and sport fishing. NC Division of Marine
Fisheries has provided a list of fish species common in the Newport
River Estuary, salt marshes and eel grass beds in the Beaufort
vicinity.
Fish species identified in the Newport River Estuary include,
smooth dogfish (Mustelus canis), clearnose skate (Raja eglanteria),
southern stingray (Dasyatis americana), American eel (Anguilla
rostrata), conger eel (Conger oceanicus), speckled worm eel
(Myrophis punctatus), shrimp eel (Ophichthus gomesi), Atlantic
menhaden (Brevoortia tyrannus), bay anchovy (Anchoa mitchilli),
striped anchovy (Anchoa hepsetus), oyster toadfish (Opsanus tau),
halfbeak (Hyporhamphus unifasciatus), sheepshead minnow
(Cyprinodon variegates), mummichog (Fundulus heteroclitus),
striped killifish (Fundulus majalis), rough silverside (Membras
martinica), Atlantic silverside (Menidia menidia), bluefish
(Pomatomus saltatrix), lookdown (Selene vomer), silver jenny
(Eucinostomus gula), pigfish (Orthopristis chrysoptera), pinfish
(Lagodon rhomboides), silver perch (Bairdiella chrysoura), weakfish
(Cynoscion regalis), spot (Leiostomus xanthurus), southern kingfish
(Menticirrhus americanus), Atlantic croaker (Micropogonias
undulatus), striped mullet (Mugil cephalus), white mullet (Mugil
curema), sharptail goby (Gobionellus hastatus), seaboard goby
(Gobiosoma ginsburgi), harvestfish (Peprilus alepidotus), butterfish
(Peprilus triacanthus), northern searobin (Prionotus carolinus),
bighead searobin (Prionotus tribulus), spotted whiff (Citharichthys
macrops), fringed flounder (Etropus crossotus), summer flounder
(Paralichthys dentatus), windowpane (Scopthalmus aquosus),
hogchoker (Trinectes maculates), and blackcheek tonguefish
(Symphurus plagiusa).
Environmental Assessment
Beaufort Marina Village Yacht Club, Inc., Beaufort Channel, Carteret County

Salt marshes in the Beaufort vicinity support a number of fish
species including, American eel (Anguilla rostrata), speckled worm
eel (Myrophis punctatus), sheepshead minnow (Cyprinodon
variegates), mummichog (Fundulus heteroclitus), striped killifish
(Fundulus majalis), tidewater silverside (Minidia beryllina), pinfish
(Lagodon rhomboides), spot (Leiostomus xanthurus), Atlantic
croaker (Micropogonias undulates), striped mullet (Mugil cephalus),
hogchoker (Trinectes maculatus).
Fish species common in the eel grass beds in the Beaufort vicinity
include bay anchovy (Anchoa mitchilli), striped anchovy (Anchoa
hepsetus), oyster toadfish (Opsanus tau), rough silverside
(Membras martinica), dusky pipefish (Syngnathus floridae),
northern pipefish (Syngnathus fuscus), and planehead filefish
(Monacanthus hispidus).
Benthos
Benthic organisms provide an important link between primary
production and consumers in estuarine ecosystems. Bottom
dwelling species are limited in mobility and overall abundance and
distribution is dependent on a number of physiochemical
parameters including sediment type and percent organic matter,
tidal dynamics, and water column water quality. Neither NC DMF
or local NOAA staff sample bethos in this area. A general
knowledge of the area indicates bottom sediments are generally
sandy but are a soft muck in dredged areas. Since the project area
has been routinely dredged, and current is very strong through the
Beaufort Channel, the project area is not thought to be productive
benthic habitat.
M. Wildlife and Natural Vegetation
Wildlife in Carteret County varies in diversity according to soil type
and the resultant vegetative community. Documented mammals
include squirrel, rabbit, fox, raccoon, opossum, mink, muskrat,
otter, and deer. Common birds include morning dove, and many
species of songbirds. Due to large acreages of marsh and water
habitats, many species of waterfowl are present in Carteret County
(USDA 1987). The location of the proposed project is in a marine
business district and is in close proximity to a major highway.
Therefore, it is likely that wildlife representative of an urban
landscape would be more commonly encountered.
According to the Soil Survey of Carteret County, NC, most areas of
Newhan soil are in various stages of vegetative succession,
depending on the age of the deposit as well as exposure to salt
Environmental Assessment
Beaufort Marina Village Yacht Club, Inc., Beaufort Channel, Carteret County

spray (USDA 1987). Older deposits directly exposed to salt spray
include marshhay cordgrass (Spartina patens), seacoast bluestem
(Schizachyrium scoparium), sea -oats (Uniola paniculata), bitter
panicum (Panicum amarum), largeleaf pennywort (Hydrocotyle
bonariensis), and seaside goldenrod (Solidago sempervirens).
Common plants in less exposed areas include wax myrtle (Myrica
cerfera), live oak (Quercus virginiana), yaupon holly (Ilex
vomitoria), eastern redcedar (Juniperus virginiana), bayberry
(Myrica sp.), peppervine (Ampelopsis arborea), Virginia creeper
(Parthenocissus quinquefolia), eastern baccharis (Baccharis
halimifolia), and grape (Vitis sp).
The project site has been historically developed and most of the
upland topography is being utilized for parking facilities. The
remaining upland vegetation is confined to the shoulder of Piver's
Island Road and the edge of the existing parking lot. Primary
upland species identified by scientists at Land Mangement Group,
Inc. include mostly transitional shrubs, eastern redcedar (Juniperus
virginiana), eastern baccharis, (Baccharis halimifolia) and wax
myrtle (Myrica cerifera).
The US Fish and Wildlife Service provided a list of threatened and
endangered animal and plant species that could be present in
Carteret County (Table 1). According to NC Natural Heritage
Program, there have been two rare species within a 0.5 mile radius
of the project site. An Eastern painted bunting (Passerina ciris
ciris) was identified in 1994. The eastern painting bunting is listed
as a federal species of concern by the US Fish and Wildlife
Service. The NC Natural Heritage Program recognizes the eastern
painted bunting as a significantly rare species.
Coralbean (Erythrina herbacea) has also been identified within a
0.5 mile radius of the project site, although this plant species was
last documented in 1950 and is not recognized as a species of
concern by the US Fish and Wildlife Service. Coralbean is
recognized as a significantly rare species in the State of North
Carolina.
It should be noted, however, that neither of the aforementioned
species were documented on the 0.5 acre project site.
V. Predicted Environmental Effects
A. Topography
The proposed expansion will be located entirely over open water no
alterations of upland elevations are expected. All upland
Environmental Assessment 10
Beaufort Marina Village Yacht Club, Inc., Beaufort Channel, Carteret County

development, including parking was previously constructed. No
dredging in public trust waters is currently requested. There will be
no anticipated long term impacts to topography.
B. Soil
As previously discussed, no upland development is proposed as
part of the marina expansion. No significant impacts to soils are
anticipated.
C. Land Use
The existing docking facility is within a B-2 zoning designation. The
B-2 zoning designation is recognized by Carteret County, NC, as a
marine business district, and the proposed project will conform to
the intended land usage for the area. No special use or conditional
use permit is required for the expansion. The project is not
expected to negatively impact local land use.
D. Wetlands
Existing wetland is intertidal marsh confined to the northwestern
perimeter of the property. The proposed expansion will be located
along the eastern edge of the property which is currently
bulkheaded. No new dredging is requested near the marsh fringe
or anywhere within the project area. It is not anticipated that there
will be significant impacts to existing wetlands.
E. Prime or Unique Agricultural Lands
N/A
F. Public Lands and Scenic, Recreational and State Natural Areas
The proposed project will further enhance the scenic and
recreational appreciation of the area by providing permanent
docking facilities to recreational and transient vessels. No negative
impacts to public lands and scenic, recreational, and state natural
areas are anticipated.
G. Areas of Archaeological or Historical Value
The NC State Historic Preservation Office (SHPO) was contacted
regarding any known historic or archaeological artifacts that might
be affected by the requested work. SHPO responded in a
11/16/2006 letter stating there are no known archaeological
artifacts on the site and a low probability that any such artifacts
exist on the site (see enclosed letter).
SHPO also stated they will further review any potential impact to
the Beaufort historic district, to be completed during State
Clearinghouse review of this document. The afore -mentioned
Environmental Assessment 11
Beaufort Marina Village Yacht Club, Inc., Beaufort Channel, Carteret County

structures including, the Gibbs House, the Henry Jacobs House
and the Old Burying Ground are not visible from the proposed
project site. The proposed project should be outside the view -
corridor of downtown Beaufort. The project does not propose to
create any structures or buildings, therefore, eliminating any height -
related concerns. There are no proposed changes to the existing
upland area, which is currently utilized for parking only. The
addition of ten wet slips, in an area where 18 slips already exist,
should not be significantly visible. It is not anticipated that there will
be significant visual impacts to Beaufort's historical resources.
H. Air quality
The marina construction work is expected to temporarily increase
the level of exhaust emissions due to increased on -site construction
equipment. Daily operations at the completed marina would
approximate those of other similar facilities and are not anticipated
to significantly impact air quality. Impacts to air quality will be
minimal and temporary.
Noise Levels
Increased noise levels resulting from on -site construction
equipment are expected, but will be temporary. The final project is
not expected to significantly increase noise levels above ambient
conditions. It is noted that the dock association covenants require
the quiet use of the docking facility.
J. Water resources
Surface water
Although the waters of Bogue Sound are classified as SA/HQW,
this property is located on the eastern edge of this classification
limit and within an existing industrial use. The addition of ten boat
slips in this area is not expected to have a significantly adverse
impact on water quality. The marina will have and will enforce a
"closed head" policy.
Piling installation may result in localized increased turbidity and
suspended sediment concentrations. However, increased turbidity
and suspended sediment should be short-lived due to settling and
dilution. In addition, construction of a floating dock system will allow
the free movement of water without obstruction through the marina
area. It is not anticipated that the proposed project will result in
impacts to surface water quality.
The proposed project is not anticipated to significantly impact
surface water resources.
Environmental Assessment 12
Beaufort Manna Village Yacht Club, Inc., Beaufort Channel, Carteret County

Groundwater
Since the project will not offer facilities for owners, contaminated
groundwater originating off -site will not hinder development plans.
Impacts to the groundwater on -site by the proposed development
are not anticipated.
K. Forest Resources
N/A
L. Shellfish or Fish and Their Habitats
Shellfish
Waters within the project area are closed to shellfishing. The one
known oyster bed on the southern edge of the property (under the
pier to the Piver's Island Marina dock) will not be impacted. No
significant impacts to shellfish are expected.
Fisheries
Waters in the immediate vicinity of the project site are not
designated as Primary Nursery Area (PNA). In addition, this area
has been historically utilized as a marine business. The initial
excavation as well as routine maintenance dredging has occurred
on the property since 1994 (CAMA Permit No. 15-94).
The addition of ten slips will slightly increase boating activities in
the immediate vicinity and has the potential to impact wildlife.
However, free-swimming animals including fish, marine mammals,
sea turtles and cephalopod mollusks are capable of controlling their
location through the water column. The new marina will utilize
floating docks to maintain water movement patterns and reduce
potential negative effects to fisheries resources. Therefore, it is
likely that impacts to these species will be temporary and minimal.
It is not anticipated that long term impacts will result from the
proposed project.
Benthos
Any benthic community that might be present will be subject to
direct impacts during piling removal and installation. However,
impacts to the benthic community represent a temporary resource
loss as the area will be reestablished when piling installation and
removal is complete. As previously mentioned, existing site
conditions such as the routine maintenance dredging and the high
velocity currents do not indicate a suitable habitat for a productive
benthic community.
Environmental Assessment 13
Beaufort Marina Village Yacht Club, Inc., Beaufort Channel, Carteret County

There are no significant long term impacts to the benthic
community anticipated as a result of the proposed project.
M. Wildlife and Natural Vegetation
The presence of any plant or animal species is determined by the
availability and abundance of suitable habitat. The uplands on the
proposed site are largely utilized for marina parking. The only
suitable habitat for wildlife and natural vegetation is likely isolated to
the northern perimeter of the property and adjacent waters.
The North Carolina Natural Heritage program has provided a
description of suitable habitat for all rare animal and plant species
in North Carolina (2001, 2002). All species identified by the US
Fish and Wildlife Service as threatened or endangered in Carteret
County were further researched for suitable on -site habitat. Giver
the small acreage of the site, the amount of impervious surface
coverage, the narrow marsh fringe and the designation within an
active marine business district, the majority of species listed as
threatened or endangered would not find suitable on -site habitat.
There is the potential for impacts to habitat for several identified
species. The northern diamondback terrapin (Malaclemys terrapin
terrapin) is found in salt or brackish marshes. This site does have a
narrow marsh fringe along the northern and northwestern property
line. However, no development will take place within the marsh
fringe. There are no significant impacts to the northern diamond
terrapin anticipated.
Several sea turtle species could potentially utilize open water in the
marina vicinity for foraging purposes. This primarily includes the
green sea turtle (Chelonia mydas incl. agassizi), Kemp's ridley sea
turtle (Lepidochelys kempit), and loggerhead sea turtle (Caretta
caretta). The hawksbill sea turtle (Eretmochelys imbricate) and
leatherback sea turtle (Dermochelys coriacea) could also utilize this
area as a resource; however, both species are more common in
oceans than estuarine sounds. Since sea turtles are free-
swimming and construction will be temporary, it is likely that there
will not be long term impacts to sea turtles.
Likewise, the American eel (Anguilla rostrata), shortnose sturgeon
(Acipenserbrevirostrum) and West Indian manatee (Trichechus
manatus) could potentially utilize open waters in the vicinity of the
marina. However, given that these species are all free-swimming
and construction will be temporary, it is unlikely that there will be
impacts to these species.
Environmental Assessment 14
Beaufort Marina Village Yacht Club, Inc., Beaufort Channel, Carteret County

The black rail (Laterallus jamaicensis) has been shown to inhabit
brackish marshes and could potentially utilize the narrow marsh
fringe on -site. No development is being proposed within the marsh
and it is therefore unlikely that there will be long term impacts to the
black rail population. The eastern painted bunting (Passerina ciris
ciris) was identified within a 0.5 mile radius of the project site;
however, there is no suitable habitat on -site.
The only plant species with potential on -site habitat that is listed as
threatened or endangered by the US Fish and Wildlife Service is
Raven's boxseed (Ludwigia ravenii), which could inhabit a number
of areas, including marshes. No development will take place in the
on -site marsh fringe.
Significant impacts to wildlife and natural vegetation are not
anticipated.
N. Introduction of Toxic Substances
There is no evidence of toxic substances being discharged on the
subject property. No fuel service will be provided at the marina
therefore, issues associated with fuel spills are not expected to be
significant. No maintenance services will be provided or will be
allowed on -site. Marina rules and regulations will establish and
enforce a "no overboard discharge" of waste policy.
It is anticipated that there will be no toxic substances introduced as
a result of the proposed project.
VI. Mitigative Measures
When the property was originally purchased by the applicant, the
impervious parking facilities extended across a majority of the on -site
uplands. In order to help deter excessive stormwater runoff from the
impervious gravel parking facilities, the applicant has voluntarily reclaimed
approximately 3,150 sq. ft of green space along the eastern perimeter of
the property, within NC CAMA's 30 ft Coastal Shoreline Buffer. This
reclaimed space previously consisted of large gravel deposits and packed
dirt and was utilized for parking. The applicant has since planted grass in
the reclaimed space and it is no longer used for parking.
In addition, the marina policy will be to allow no overboard discharge of
waste, including treated or untreated sewage. The marina will feature a
portable waste pumpout system on the floating dock to service vessel
holding tanks. The pumpout system will be easily accessible and in a
convenient location for boaters. It will be the responsibility of the dock
Environmental Assessment 15
Beaufort Marina Village Yacht Club, Inc., Beaufort Channel, Carteret County

owner's association to hire a contractor to routinely remove wastes from
the pumpout system.
Given the current zoning and adjacent land uses, the site is suitable for
the requested marina expansion.
VII. Cumulative Impacts
The addition of ten boat slips will slightly increase the amount of
recreational boating in the.vicinity of the Town of Beaufort and adjacent
waterways. The proposed marina will offer docking abilities to vessels
ranging in length from 20 ft to 65 ft. Intended clientele is common in this
vicinity of coastal North Carolina and is consistent with surrounding
marinas.
As previously discussed, commercial and recreational saltwater fishing is
an important contributor to the Carteret County economy. As a result, this
area is already heavily utilized by both commercial and recreational
vessels. In order to assess the potential cumulative impacts resulting from
the proposed expansion, the number and type of docking facilities within a
2 mile radius of the proposed project were used for the basis of
comparison. Private waterfront properties to the west of the project site,
off of Old Causeway Road and Morgan Road include a number of private
piers and two large marinas. Piver's Island to the south is utilized by
NOAA and Duke University as marine based research facilities. Both
facilities have individual docking systems for research vessels. The Town
of Beaufort waterfront district is located to the southeast of the project site.
There are a number of marinas offering docking facilities for both
commercial and recreational vessels, including Beaufort City Docks which
offers approximately 93 wet slips for vessels up to 250 ft. There are also a
large number of privately owned individual docks associated with the
Town of Beaufort. In addition, following Beaufort Channel further
upstream towards Town Creek, there are several large marinas, including
Town Creek Marina, which offers approximately 96 wet slips to vessels up
to 190 ft.
Although the proposed project will add another ten slips to the area, this
increase is not significant in comparison to the existing docking facilities
that are currently providing services in the Beaufort vicinity. It is,
therefore, unlikely that there will be any detrimental effects to the
environment.
Vill. References
Carteret County Planning Department. October 2006. personal
communication.
Environmental Assessment 16
Beaufort Marina Village Yacht Club, Inc., Beaufort Channel, Carteret County

NC Administrative Code. Title 15A Environment and Natural Resources,
Chapter 7, Coastal Management.
NC Department of Environment and Natural Resources. Division of Air
Quality (DAQ). Mr. Tom Mather, personal communication.
NC Department of Environment and Natural Resources Division of Marine
Fisheries (DMF). Mr. Fritz Rhode. Wilmington, NC Office. Personal
communication.
NC Department of Environment and Natural Resources Division of Water
Quality (DWQ). Classifications and Water Quality Standards Assigned to
the Waters of the Neuse River Basin.
NC Department of Environment and Natural Resources Division of Water
Quality. North Carolina Coastal Marinas: Water Quality Assessment #90-
01.
NC Department of Environment and Natural Resources Division of Water
Quality. 2005 Basinwide Assessment Report - White Oak River Basin.
NC Department of Environment and Natural Resources Division of Water
Quality. 2001. Basinwide Planning Program: 2001
White Oak River Basinwide Water Quality Plan.
NC Department of Environment and Natural Resources Department of
Environmental Health Shellfish Sanitation Branch. Morehead City Office.
October 2006. Personal communication.
NC Natural Heritage Program. 2002. Natural Heritage Program List of the
rare plant species of North Carolina.
NC Natural Heritage Program. 2001. Natural Heritage Program list of the
rare animal species of North Carolina.
Town of Beaufort Planning Department. October 2006, personal
communication.
US Department of Agriculture, Soil Conservation Service. 1989. Soil
survey of Carteret County, North Carolina.
US Fish and Wildlife Service. North Carolina Endangered and Threatened
Species Information. hftp://www.fws.gov/nc-es/es/es.htm]
Wetland Training Institute. 1987. Field guide for wetland delineation,
Environmental Assessment 17
Beaufort Marina Village Yacht Club, Inc., Beaufort Channel, Carteret County

Corps of Engineers Manual.
IX. State and Federal Permits. Required
A CAMA Major Development Permit Application will be submitted for
review by the NC Division of Coastal Management (DCM): The Division of
Coastal Management will coordinate state agency review of the
development application. Other state commenting agencies include the
Divisions of Water Quality, Land Resources, Water Resources, Marine
Fisheries, Environmental Health, Archives and History, Community
Assistance, as well as the Wildlife Resources Commission (WRC), the
Department of Administration (DOA) and the Department of
Transportation (DOT). Federal review is coordinated by the US Army
Corp of Engineers. Commenting federal agencies coordinated by the
USACE include the US Environmental Protection Agency (EPA), National
Marine Fisheries Service (NMFS), and the US Fish and Wildlife Service
(USFWS).
An exemption from State Stormwater permitting will be requested since no
new impervious cover is requested and upland portions of the property are
already developed.
This particular site has previously received a number of approved permits
by DCM for development in an Area of Environmental Concern.
A CAMA Major Permit was issued in 1994 (No. 15-94) to Rodney and
Debra Hoell of Beaufort, NC. Structures approved under the conditions of
this permit included a dock, bulkhead and pier. The permit also approved
site excavation to a maximum of 6 feet NLW.
A CAMA Major Permit was issued in 1998 (No. 47-98) to Rodney Hoell of
Beaufort, NC. Structures approved under the conditions of this permit
included a dock and pier. The permit also approved bulkhead repair and
site excavation to a maximum of 5 feet NLW. The dredge plan originally
permitted in Permit No. 47-98 received approval for Minor Modification
through DCM in 1999 to include the use of hydraulic dredging.
In 2005, Rodney Hoell was issued a series of general permits for the
purposes of repairing and replacing the bulkhead and maintenance
dredging around existing docks (General Permit No. 40724, No. 41317C,
No. 41996C, and No. 43440C).
In 2005, Rodney Hoell also received a General Permit (No. 43509C) to
install a boatlift in the existing docking facility.
Environmental Assessment 18
Beaufort Marina Village Yacht Club, Inc., Beaufort Channel, Carteret County

Table 1. Federally — listed endangered and threatened species known to
occur in Carteret County, NC, as determined by the US Fish and Wildlife
Service (updated 04-27-2006).
Common Name
Scientific Name
Federal
Potential
StatusI
On -site
Habitat
Reptiles
American alligator
Alligator mississippiensis
T (S/A)
no
Green sea turtle
Chelonia mydas (incl. agassizi)
T
yes
Hawksbill (carey) sea turtle
Eretmochelys imbricate
E**
yes
Kemp's (Atlantic) ridley sea turtle
Lepidochelys kempii
E**
yes
Leatherback sea turtle
Dermochelys coriacea
E
yes
Loggerhead sea turtle
Caretta caretta
T
yes
Mimic glass lizard
Ophisaurus mimicus
FSC
no
Northern diamondback terrapin
Malaclemys terrapin terrapin
FSC
yes
Southern hognose snake
Heterodon simus
FSC***
no
Mammals
Eastern puma (cougar)
Puma concolor couguar
E***
no
West Indian manatee
Trichechus manatus
E
yes
Fish
American eel
Anguilla rostrata
FSC
yes
Shortnose sturgeon
Acipenserbrevirostrum
E*
yes
Birds
Bachman's sparrow
Aimophila aestivalis
FSC
no
Black rail
Laterallus jamaicensis
FSC
yes
Black -throated green warbler
Dendroica virens waynei
FSC
no
Eastern Henslow's sparrow
Ammodramus henslowii
FSC
no
susurrans
Eastern painted bunting
Passerina ciris ciris
FSC
no
Piping plover
Charadrius melodus
T
no
Red -cockaded woodpecker
Picoides borealis
E
LE"
no
Roseate tern
Sterna dougalli dougalli
no
Amphibians
Carolina crawfish frog Rana capito capito FSC no
Insects
Buchholz's dart moth
Agrotis buchholzi
FSC
no
Carter's noctuid moth
Spartiniphaga carterae
FSC**
no
Eastern beard grass skipper
I
Atryone arogos arogos
FSC
no
Venus flytrap cutworm
Hemipachnobia subporphyrea
FSC***
no
a skipper
Atrytonopsis sp. f
FSC
no

Table 1. Continued.
Common Name
Scientific Name
Federal
Status
Potential
On -site
Habitat
Plants
Coastal beaksedge
Rhynchospora pleiantha
FSC
no
Dune blue curls
Trichostema sp. 1
FSC
no
Loose watermilfoil
Myriophyllum laxum
FSC
no
Pickering's dawnflower
Stylisma pickeringii var. pickeringii
FSC
no
Pondspice
Litsea aestivalis
FSC
no
Raven's boxseed
Ludwigia raneil
FSC
yes
Rough -leaved loosestrife
Lysimachia asperulaefolia
E
no
Savanna campylopus
Campylopus carolinae
FSC
no
Seabeach amaranth
Amaranthus pumilus
T
no
Spring -flowering goldenrod
Solidago verna
FSC
no
Venus' fly -trap
Dionaea muscipula
FSC
no
Key:
Status Definition
E - A taxon in danger of extinction throughout all or a significant portion of its range.
T - A taxon likely to become endangered within the foreseeable future throughout all
or a significant portion of its range.
FSC- A species under construction for listing, for which there is insufficient information
to support listing at this time. These species may or may not be listed in the future, and
many of these species were formally recognized as "C2" candidate species.
T(S/A) -A species that is threatened due to similarity of appearance with other rare
species and is listed for its protection. These species are not biologically endangered or
threatened and are not subject to Section 7 consultation.
Probable/potential* - The species is considered likely to occur in this county based on
the proximity of known records in adjacent communities, the
presence of potentially suitable habitat, or both.
Historic** - The species was last observed in the county more than 50 years
ago.
Obscure*" - The date and/or location of observation is uncertain.

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Figure 4
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EXISTING BEAUFORT MARINA VILLAGE DOCK
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CURRENT BRIDGE
ABU17MENT EXISTING PIVERS ISLAND DOCK A
RoxIMATE CENTER ROM AERIALS
(LOCATED ON SUBJECT PROPERTY,
ORIGINAL RIDGE UNDER LONG TERM LEASE BY
A13UTTMENT PgL
CHANNEL APPROXIMATED EXISTING CONDITIONS
OTHERS) _ --
SURVEYED BY
LEGEND: pOWELL SURVEYING COMPANY, P.A.
--- --- PROPERTY BOUNDARY
---- 404 LINE P. 0. BOX 618 BEAUFORT, N. C. 28516
OYSTER BEDs
DOCK
BEAUFORT MARINA
02-OG-584
CARTERET
LAND MANAGEMENT GROUP nc
-a
}ICI ��\LSV 1L :+
LSlJG
P05T OFMCE BOX 2522
WILMINGTON. NC 28402
11 Gen.rcl Note. _ - - - -- - u...
1. SURVEYING BY POWELL SURVEYING COMPANY, CLC
UNLESS OTHERWISE NOTED.
2. DEPTH MEASUREMENTS PERFORMED BY 11.2.06
APPLICANT ON 10.23.06 DURING LOW TIDE.
3. CENTER LINE OF CHANNEL APPROXIMATED 1:50
USING GIS AERIALS.
4. BOUNDARY BETWEEN CONCRETE AND GRASS
APPROXIMATED USING GIS AERIAL
5. FOR REVIEW ONLY, NOT FOR CONSTRUCTION Figure 9
6. MHW RUNS ALONG BULKHEAD
Ho. ReNeian/luw Dote

� z O9
�O LINE CWA MED BY UNITED STATES OF "Utl DUE
MIS -LOCATION OF ORIGINAL BRIDGE
.mZ1� SEE NOTES
0DC
rl
m
a +
BEAUFORT MARINA VILLAGE
EXISTING DOCK AND SLIPS
TO REMAIN
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GRASS TO
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FR
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-
APPROXIMATED
PRELIMINARY NOT FOR CONSTRUCTION
LEGEND.
PROPERTY BOUNDARY
-- 404 LINE
OYSTER BEDS
DOCK
MYa Mn+ N m�
BEAVORT MARINA
02-06-584
CAK1ERET
51TEPLAN
LAND MANAGRICM GROUP nN:
x
'd4
.i
LM�
P05T OFRCE BOX 2522
WILMINGTON, NC 28402
(9101452-0001
C'
T�
SITE PLAN
F-
0
z
U_
E
MARINA VILLAGE
12 NEW SLIPS
SLIP COUNT
BEAUFORT MARINA VILLAGE _
8 SLIPS EXISTING
10 SLIPS PROPOSED
PIVERS ISLAND DOCK
10 SLIPS EXISTING
NO NEW SLIPS PROPOSED
TOTAL PROPOSED SLIPS
WITHIN SUBJECT PROPERTY =
28 SLIPS
Genervl Notee Nunb
1. SURVEYING BY POWELL SURVEYING COMPANY,ac
UNLESS OTHERWISE NOTED. 11.2AX
2. DEPTH MEASUREMENTS PERFORMED BY
APPLICANT ON 10.23.06 DURING LOW TIDE.
3. CENTER LINE OF CHANNEL APPROXIMATED Fgum 10
USING GIS AERIALS.
4. BOUNDARY BETWEEN CONCRETE AND GRASS
APPROXIMATED USING GIS AERIAL
5. FOR REVIEW ONLY, NOT FOR CONSTRUCTION Figure I
6. MHW RUNS ALONG BULKHEAD
No. Reviebn/Ique Date

PRELIMINARY NOT FOR CONSTRUCTION
ovz
r m
0
APPROXIMATE HWM
N
OP AT
w
HWM
m. m
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(NAVIGABLE)
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HAW 2p,
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SET NNL
(ANALYfiCAL GEOMETRY)
z
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ER BED
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N 80,54'37HWM
10.11. iY
BEAURORT MARINA
02-0G584
CAVU fCOUNTY
:K DIMEN51
154
0 25 50 100
6
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— 65.00
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SET NAIL
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r 7.00
cNPNNE� e, ,
g��INP �Pe�6i 28.00
LAND MANAGa= GROUP me coi.,.�xMo ERWISE NOTED. `,
TA9
LL SURVEYING COMPANY, UNLESS
OTHIryi
2. DEPTH MEASUREMENTS PERFORMED BV APPLICANT ON
10.23.06 DURING LOW TIDE.
3. CENTER LINE OF CHANNEL APPROXIMATED USING GIS
I �7 AERIALS.
1L
V MG 4. BOUNDARY BETWEEN CONCRETE AND..GRA .r
POST OFFICE BOX 2522 APPROXIMATED USING GIS AERIAL
PAIMINGfON, NC 28402 5. FOR REVIEW ONLY, NOT FOR CONSTRUCTI Igure I I
EJIO)452-0001 xo. RM9m/k.u. oa,

PRELIMINARY NOT FOR CONSTRUCTION
ACC IYVIG
6EAUFORT MAPJNA
02-06584
CAKURN COUNIY
SLIP COUNT
gFTgINP �GPg�'E� ,
w
uxumn:+ncanffivr4cxour� ,
bT LL SURVEYING COMPANY, UNLESS
OTHERWISE NOTED.
2. DEPTH MEASUREMENTS PERFORMED BY APPLICANT ON
10.23.06 DURING LOW TIDE.
3. CENTER LINE OF CHANNEL APPROXIMATED USING GIS
AERIALS.
LMG
4. BOUNDARY BETWEEN CONCRETE AND•GRA
POST OFFICE BOX 2522 APPROXIMATED USING GIS AERIAL
MLYINGTON, NO 28402 5. FOR REVIEW ONLY, NOT FOR CONSTRUCT?
[phone]%—MhA-RUIBULKHFADNe
ac'
Ial7RG
1:50
Figure 12

DOCK CROSS-SECTION PROFILE
4 4
0
0
-4
-4
-8
-8
I
I I
I
0
Z
U
PRELIMINARY NOT FOR CONSTRUCTION
LW
0+00 1+00 2+00 DOCK CROSS SECTION

North Carolina Department of Cultural Resources
State Historic Preservation Office
Pear B. Sandbeck, Adrainistratot
Mrchael F. Easley, Governor
Lisbeth C. Evans, Seaetary
Jeffrey J. Crow, Deputy Secretary
November 16, 2006
Ashley Futral
Land Management Group, Inc.
P.O. Box 2522
Wilmington, NC 28402
Office of Atcbives and History
Division of FEsstoriral Resources
David Brook, Director
Re: Project Review, Condominiums, Pivers Island, Near Beaufort, Carteret County, ER 06-2761
Dear Ms. Futral:
Thank you for pour email letter of October 18, 2006. -We-have reviewed our site -files for the above -project and
offer the following comments.
The project area is located adjacent to the causeway leading to Pivers Island. No archaeological sites are noted
within this area on site file,maps at the Office of State Archaeology (OSA). This location is considered a low
probability area for the presence of significant archaeological sites. An archaeological survey will not be
recommended in the event are review any permit applications related to this project.
This site is, however, highly visible from the Beaufort Historic District, a property listed in the National Register of
Historic Places and locally designated. Any plan for the proposed condominiums and associated facilities should be
reviewed by us to determine their effect on the historic district
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory
Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment; please
contact Renee Gledhill -Earley, environmental review coordinator, at 919-733-4763, ext. 246. In all future
communication concerning this project, please cite the above -referenced tracking number.
Sincerely,
�etex Sandbeck
cc: DougHuggett DCM
Linda Dark, Beaufort HPC
ADMINISTRATION 507 N. Blount Street, Raleigh NC 4617 Mad Service Center, Raleigh NC 27699-4617
RESTORATION 515 N. Blount Street. Raleigh NC 4617 Mad Service Center, Raleigh NC 276994617
SURVEY & PLANNING 515 N. Blount Street, Raleigh, NC 4617 Mad Service Center, Raleigh NC 27699-4617

Previous CAMA permits issued for the Beaufort Marina Village Yacht Club property.
Permit Number
Issuance Date
Description of Work
GP 43509
November 2005
Add boat lift in existing slip
GP 43440
October 2005
Partial re -issue of GP 40724
GP 41996
July 2005
Bulkheading
GP 41317
June 2005
Complete re -issue of GP 40724
GP 40724
January 2005
Maintenance dredging within
existing slips and within currently
proposed slip expansion area.
Replace bulkheading.
Minor Mod of Major 47-98
October 1999
Maintenance dredging
CAMA Major 47-98
Aril 1998
Dredging and dock construction
CAMA Major 15-94
February 1994
Excavation and bulkheading

Pent it Class
NEW
STATE OF NORTH CAROLINA
Department of Environment, Health & Natural
and
Coastal Resources Commission
erm
X
Permit Number
15-94
FEB C 9 1S94
forw..w....................ma
Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Rodnev P. & Debra H. Hoell, P. O. Box 131. Beaufort, NC 28516
authorizing development in Carteret County at Sharks Creek, off of Pivers Island
_ Road as requested in the permittee's application dated 8/10/93 includine
attached workplan drawings described in Condition No, 1.
This permit, issued on FEBRUARY 3, 1994 1 is subject to compliance with the application (where consistent
v4di the permit), all applicable regulations; special conditions and notes set fortli below. Any violation of these tens: ntuy be
subject, to a fine, imprisonment or civil action; or may cause the permit to be null and void.
1) The project most be carried out in keeping with 4 drawings: revised planview slated i 1/16/93.
site map, bulkhead and pier all dated received 6/11/93.
Excavation
2) Excavation is confined to that delineated on Use revised workplan dated 11116/93.
3) In order to protect juvenile shrimp and finfish population, no excavation may take place between
April 1 and September 30 without prior approval of the Division of Coastal Management in
consultation with the Division of Marine Fisheries.
4) Excavation will not exceed six (6) feet below the elevation of inean low water (MLW).
(See attached sheet for Additional Conditions)
This permit action may be appealed by the pemmiuce or
other qualified persons within twenty (20) days of the
issuing date. An appeal requires resolution prior to work
initiation or continuance, as the case may be.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not
coveredhercunderrcquires i'urtherDepanmcntal approval.
All'Nark must cease when the permit expires on
December 31 1997
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina
Coastal Management Program,
Si teed by the authority of the Secretary of DEHNK and iiic
Chairman of tie Coastal Resources Commission.
.-- —
,�n---Roger N. Schecter, Directi�r
Division of Coasud Managcmc;'i
This permit and its conditions are hereby accepted.
Signature of Penniuee

Rodney P. & Debra H. Hoell Permit #15-94
Page 2 of 2
ADDITIONAL CONDITIONS
5) The temporary placement or double -handling of excavated or fill materials within waters or
vegetated wetlands is not authorized.
6) No vegetated wetlands will be excavated or filled.
7) All excavated materials will be confined landward of the mean high water (NIHW) elevation
contour and any vegetated wetlands.
8) The spoil area will be properly graded and provided a ground sufficient to restrain erosion
within thirty (30) working days of project completion.
9) No spoil may be placed on adjoining properties without prior approval of the landowner with
such approval being forwarded to DCM.
Buikheadine
10) Prior to construction, the bulkhead alianinent will be staked by a representative of the N. C,
Division of Coastal Management:
11) The fill material will be clean and free of any pollutants, except in trace quantities. Metal
products, organic materials, or unsightly debris will not be used.
Operation
12) No sewage, whether treated or untreated, shall be discharged at any time from boats using the
ducking facility. Any sewage discharge at the docking facility shall be considered a violation
of this permit for which the permittee is responsible. This prohibition shall be. applied and
enforced throughout the entire existence of the permitted structure.
13) This permit authorizes only the docks, piers, and other structures and uses located in or over
the water that are expressly and specifically set forth in the permit application. No other
structures, whether floating or stationary, may become a permanent part of this docking facility
without permit modification. No nun -water dependent uses of structures may be conducted on,
in, or over public trust waters without permit modification.
NOTE: The Division of Environmental Management authorized this project with General Water
Quality Certification No. 2665.

1i T
CAMAI,.�`
;��� ���Av�I� Pre410 permit#
Ney �Modiifcanon 1 Complete Reissue dParual Reissue Date prrewous permit issued S
Ized'uy *,fie State of Nort�,C /raroCCllna Department of Envlronm nt and Natural Resources `/{ /L
s h 11 7'
oasC-d Resources Commissston in an area of environmenml concern pursuant to 1 �A NCAC //�I�, LII, Rules amchF�d `
"r T ! /✓/_ +'. C� J T
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31
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OT Prev ous permit # ~f
wM4dlficaon' a G7Gompletpa e Reissue ( r[Idl Reissue Date previous permit i'ss"yid
AS'�authonzed 6Y the State of N rth Carolina Department of Envrranment and Natural Resources J/
and the Coastal Rego ru ces Cpmmission m shared of a vironmen(pi concern pursuant to I SA NCAC d'l
A litant f�a x r e E R s tact�ed
a"3 ;`f x� s Pia ect Location Coun tf P
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yoo�v
permit Number
Permit Class 47_99
NEW STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
for
X Major Development in an Area of Environmental Concern
pursuant toNCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
ra<au4 n n Box ni, Beanfnrt_ NC. 2858E
Issued to Rod rioeii 4i`�naS1j' z'b
authorizing development in (afer t County at Shark'; Creek off of Pivers Island Road
,as requested in the permittee's application dated 4/18/97 including attached workplan
drawn s 6 all dated 6/4/ 7 and .1 section for dredaing dated 2 2/98...
This permit, issued on '� —, — 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
nr rioil action: or may cause the permit to be null and void.
"., 4
Excavation
i) Before any excavation .may take place, the permittee shall contact the Division of Marine
Fisheries for direction regarding the relocation of the shellfish resource. Only after this
relocation has been accomplished to the satisfaction of the Division of Marine Fisheries can
excavation begin.
2) Excavation will not exceed 5 feet below the elevation of mean low water (MLW).
3) No vegetated wetlands will be excavated
4) Excavation shall terminate a minimum of 10' waterward from the edge of the marsh.
(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, An appeal requires resolution prior to work
initiation or continuance, as the case may be.
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 Departmental approval.
All work must cease when the permit expires on
December 31, 2001
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina
Coastal Management Program.
Signed by the authority of the Secretary of DEHNR and the
Chairman of the Coastal Resources Commission,
Roge N. Schecter, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

11
Rod Hoell W -nasty Harbour)
ADDITIONAL CONDITIONS
Permit #47-98
Page 2 of 3
5) The temporary placement or double -handling of excavated or fill materials within waters or
vegetated wetlands is not authorized.
6) All excavated material will be properly contained above mean high water and landward of any
wetlands until such time as to be used as bulkhead backfill material. Any excess spoil material
will be trucked to a high ground location and contained above mean high water and landward
of any wetlands: The site must be approved by the Division of Coastal Management, in
coordination with the Groundwater Section of the Division of Water Quality.
NO The project was authorized on March 16, 1998 by the Division of Water
Quality under General Water Quality Certification No. 3112.
Dock Construction
7) Deleted Section. The 84' section of new dock proposed is hereby deleted. This section of
dock would elevate the facility to "marina" status under the Rules of the Coastal Resources
Commission and subsequently require prior review under the N. C. Environmental Policy Act.
NOTE, Prior to any dock construction in the public trust waters of the state, i.e.,
Shark Creek, an Easemen is required from the Council of State through the
State Property Office.
8) This permit authorizes only the docks, piers, and other structures and uses located in or over
the water that are expressly and specifically set forth in the permit application. No other
structures, whether floating or stationary, may become a permanent part of this docking facility
without permit modification. No non -water dependent uses of structures may be conducted on,
in, or over public trust waters without permit modification.
9) No sewage, whether treated or untreated, shall be discharged at any time from boats using the
docking facility. Any such discharge at the docking facility shall be considered a violation of
this permit for which the permittee is responsible. This prohibition shall be applied and
enforced. throughout the entire existence of the permitted structure.
10) No attempt will be made by the permittee to prevent the full and free use by the public of all
navigable waters at or adjacent to the authorized work. Use of the permitted activity must not
interfere with the public's right to free navigation on all navigable waters of the United States.
11) If the display of lights and signals on the authorized structure is not otherwise provided for by
law, such lights and signals as may be prescribed by the U. S. Coast' Guard will be installed
and maintained by, and at the expense of, the permittee.

Rod Hoell (Knasty Harbour)
Permit #47-98
Page 3 of 3
12) It is possible that the authorized structure may be damaged by wavewash from passing vessels.
The issuance f this permit does not relieve the permittee from taking all proper steps to ensure
the integrity of the permitted structure and the safety of moored boats. The permittee will not
hold the United States liable for any such damage.
13) The permittee will 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 the permit transferred to a third parry.
Bulkhead
14) The breaches of the bulkhead will be repaired; a wing wall constructed on the west end, and
the entire structure lined with filter cloth to any backfilling of the structure. As well, all
unacceptable debris, such as tires and shingles, shall be removed before any backfilling
activity.
NOTE: The permittee is advised that he should consult with the United States Coast
Guard concerning complying with the attached list of United States Coast
Guard Regulations. For more information, contact the U.S.C.G: at 910/
815-4895, extension 108.

Permit Class
PermitNumber
MODIFICATION MINOR
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
47-98
k �1,
�OGItCftilt 6Y1
and
Coastal Resources Commission
X for
_ Major Development in an Area of Environmental Concern
pursuant to NCGS I13A-118
X Excavation and/or filling.pursuant to NCGS 113-229
Issued to Rod Hoell (Knasty Harbour) P.O. Box 131, Beaufort, NC 28596
Carteret Shack's Creek, off of Pivers Island Road
authorizing development in County at
as requested in the perminee's applications letter dated $/12(99 &the attached
dredge plan dated received 8/24/99.
This permit, issued on / e/S C/ 9 , 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 a fine, imprisonment or civil action; or may cause the permit to be null and void.
1) This minor modification authorizes the. one time use of hydraulic dredging in accordance with
the attached dredging plan.
2) The disposal area effluent will be contained by pipe, trough, or similar device to a point at or
beyond the mean low water level to prevent gully erosion and unnecessary siltation.
3) All excavated materials will be confuted above mean high water and landward of regularly or
irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover
of solids into any marsh or surrounding waters.
(See Attached Sheet for Additional Conditions)
This permit -action may be appealed by the peimittee or
other qualified persons within twenty (20) days of the
issuing date. An appeal requires resolution prior to work
initiation or continuance, as the case may be.
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 hereunderrequires furtherDepartmental approval.
All work must cease when the ermit expires on
December 31.200p1
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina
Coastal Management Program.
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
onna D.Moffitt,Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Perminee

2
�o
-98
'N� Rod Hoell (Knasty Pe'rn' u't #47
Harbour)
Pa
je-2 of 2
'M
"to
•, F,
z lz�
of the greater an iO feet from any art the dike pipeline p 0
�f
and a maximum distance from sp ways to Oniv settlement ofsuspended;seaim
T,
5) A water control structure will be installed at the intake end of the efflue'ntpip to assure compliance;,,
with water quality standards-
o' 1
0
6) The diked disposal area will be constructed a sufficient distance from the mean high water level or.
any marsh to. eliminate the possibility of dike'erosion-into surrounding wetlands or,wate I rs.-I
The spoil area. e pToperly' graded provided a ground cover sufficient .torestrain 7): _erosion
wifhin 3 working d'ays'of 0 project omp eti6n.
8) This minor nib, dificationinust be attached to the original of PermitNo. 47-98, which was issued on
on site when a Division re�resentati inspects
4/3/98, and all documents must be readily available VC
the project for compliance: All conditions and stipulations ofthe activepermit remain in f6rce under
.".:.-this 66dification unless altered herem.

Return to Taylor & Taylor PA
NORTH CAROLINA, CARTERET COUMPP
This instrument and th7s ccrtificca to are duty filed at
the date and lime an-4 ir. the ..1, a^d Page shown
cn the first page hereof.
ftetrt or, Rog- tt o .ends
BY
rUsilD^ epl4alt of Dw& r/vt
Melanie ATCRhth 56P
TEfi'ET COUNTY
MA Date 01/27/2006 Time 14:3e:00
OR 1155123 Page 1 of 56
DECLARATION
OF COVENANTS, CONDITIONS AND RESTRICTIONS
BEAUFORT MARINA VILLAGE YACHT CLUB, INC.
THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS is
made this 19th day of January; 2006 by BEAUFORT MARINA VILLAGE YACHT CLUB,
INC., a North Carolina non-profit corporation, (hereinafter referred to as "Declarant'); BB&T
COLLATERAL SERVICE CORPORATION, Trustee; BRANCH BANKING AND TRUST
COMPANY, a North Carolina banking corporation; and, ALL PROSPECTIVE
PURCHASERS: OR OWNERS of Memberships described herein and any other real
property which may be subsequently subjected to this Declaration.
STATEMENT OF PURPOSE
Declarant is the owner of certain property in Carteret County, North Carolina, which
is more particularly described on Exhibit A attached hereto and incorporated by reference,
Such property is also depicted on a map held by the Declarant, which may be later
recorded in the Register of Deeds office of Carteret County, North Carolina, said map
being incorporated herein by reference. Declarant desires to create on this property a
marina and other improvements that maybe permitted thereon which may include, but not
be limited to, a club and accessory buildings to be used for storage, togetherwith any other
portions of the property which may be acquired by Declarant, to be named BEAUFORT
MARINA VILLAGE.

Declarant desires to insure the attractiveness of Beaufort Marina Village and to
prevent any future impairment thereof, to prevent nuisances, to preserve, protect and
enhance the values and amenities of all properties within Beaufort Marina Village and to
provide for the maintenance and upkeep of all Common Areas in Beaufort Marina Village.
To this end the Declarant desires to subject the real property described herein, together
with such additions as may hereafter be made thereto, to the covenants, conditions,
restrictions, easements, charges and liens hereinafter set forth, each and all of which is
and are for the benefit of said property and each owner or member thereof.
Declarant further desires to create an organization to which will be delegated and
assigned the powers of owning, maintaining and administering the Common Area and
facilities in Beaufort Marina Village; administering and enforcing the covenants and
restrictions contained herein, and collecting and disbursing the assessments and charges
hereinafter created in order to efficiently preserve, protect and enhance the values and
amenities in Beaufort Marina Village, to insure the Members' enjoyment of the specific
rights, privileges and easements in the Common Area, and to provide for the maintenance
and upkeep of the Common Area.
To that end the Declarant has orwili cause to be incorporated under North Carolina
law, BEAUFORT MARINA VILLAGE YACHT CLUB, INC., as a non-profit corporation for
the purpose of exercising and performing the aforesaid functions.
NOW, THEREFORE, Declarant, by this Declaration of Covenants, Conditions and
Restrictions, does declare that all of the property described herein, and such additions
thereto as may be hereafter made pursuant to Article II hereof, is and shall be held,
transferred, sold, conveyed, and occupied subject to the covenants, conditions, restrictions,
easements, charges and liens set forth in this Declaration which shall run with the real
property and be binding on all parties owning any right, title or interest in said real property
or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of
2

each owner thereof.
ARTICLE I
DEFINITIONS
1. "Association" shall mean and referto BEAUFORT MARINA VILLAGE YACHT
CLUB; INC., a North Carolina non-profit corporation, its successors and assigns.
2. "Common Area" shall mean all real property (including the improvements
thereto) owned by the Association for the common use and enjoyment of the Members of
the Association. The Common Area to be owned by the Association will include but not be
limited to the Marina Facility and accessory buildings to be used for storage (if any),
clubhouse (if any), private streets and roads, parking areas, and other areas as may be
marked on the Map.
3. "Declarant" shall mean and referto Rodney P. Hoell, Deborah H. Hoell and/or
Beaufort Marina Village, LLC and also shall mean and refer to any person, firm or
corporation that shall also be designated as a "Declarant" by Rodney P. Hoell, Deborah H.
Hoell or Beaufort Marina Village, LLC., or which shall be a successor or assign of any of
them.
4. "Development" shall mean and refer to Beaufort Marina Village with marina
and other improvements as shown on the Map and may include future development of
Boat Slips or other permitted uses, and/or other properties annexed hereto.
5. "Map" shall mean and referto the map of the existing property as depicted on
that map held by the Declarant and as may be recorded in the Register of Deeds office in
Carteret County, North Carolina, and the maps of any additions to the existing property
which may be recorded by Declarant in the Register of Deeds office in Carteret County,
North Carolina. Said Map may show the phases of development of the project and any
amendments, changes, or modifications to the project as may be amended by the
3

Declarant from time to time.
6. "Marina" or "Marina Facility' shall mean and refer to that certain facility,
including all pilings, piers, docks, bulkheads, and appurtenances thereto, for the docking of
boats and crafts, located or to be located in the navigable waters of Knasty Harbor
immediately adjacent to that upland area comprising the existing property as shown on the
Map.
7. "Boat Slip" shall mean and refer to a Wet Boat Slip, identifying a designated
boat space above the water adjacent to Knasty Harbor for the docking of a boat or craft.
Such a "Boat Slip" shall be a portion of the Marina Facility, shall be uniquely identified by
number or other such designation, and shall be shown on a map to be recorded hereafter
by the Declarant.
8. "Member" shall mean and referto every person or entity holding membership
in the Association. Each Member, including the Charter Member, will be entitled to the
exclusive use and enjoyment of one wet boat slip as identified on a membership certificate
and for such other rights as hereinafter set forth: Members, including the Charter Member,
may have and own more than one membership.
9. "Properties" shall mean and refer to the existing property as of the date of this
Declaration, described in Article II, Section 1 hereof, and such additions thereto and further
development as may hereafter be made subject to this Declaration and brought within the
jurisdiction of the Association.
10. "Phase One" shall be the "Existing Property" and project as shown on the
Map which will consist of boat slips and appurtenant docks, bulkheads, and parking area.
"Phase Two" will be the area later added to this Declaration by amendment of this
document and by recording of a new Map designating the "Phase Two" area with additional
Slips and docks which may or may not be constructed at a later date. There may be
4

additional boat slips and/or docks built within "Phase Two" as approved by CAMA. There
is no limitation as to the number of slips designated at this time, but it may reach the
maximum amount as allowed by CAMA.
11. "Charter Member" shall mean and referto Rodney P. Hoell, Deborah H. Hoell
and/or Beaufort Marina Village, LLC, a North Carolina limited liability corporation or
successor.
12. 'Developer" shall mean Rodney P. Hoell, Deborah H. Hoell and/or Beaufort
Marina Village, LLC.
13. 'Board" or "Board of Directors" shall mean the Board of Directors of Beaufort
Marina Village Yacht Club, Inc.
ARTICLE 11
PROPERTY SUBJECT TO THIS DECLARATION
AND WITHIN THE JURISDICTION OF
BEAUFORT MARINA VILLAGE YACHT CLUB, INC.
Section 1. Existing Property. The real property which is and shall be held,
transferred, sold, conveyed and occupied subject to this Declaration, and within the
jurisdiction of the Association is located in Carteret County, North Carolina, and is more
particularly described on the Map. Declarant shall not modify or recombine boat slips in
such a fashion as shall reduce the total number of boat slips to less than eight (8).
Section 2. Additions to Existing Property.
(A) Additional land that is contiguous with or within one (1) mile of the
Existing Property or any land previously added to the Existing
Property may be brought within the scheme of this Declaration and
5

the jurisdiction of the Association by Declarant, in future stages of
development, provided that such additions are made within twenty
(20) years of the filing of this instrument.
(B) The additions authorized under subsection (A) above shall be made
by filing Supplementary Declarations of Covenants, Conditions and
Restrictions or an Amendment of this original with respect to the
additional properties in the Register of Deeds office in Carteret
County, North Carolina which shall extend the scheme of this
Declaration and the jurisdiction of the Association to such properties
and thereby subject such additions to the benefits, agreements,
restrictions and obligations set forth herein, including, but not limited
to, assessments as herein determined. Provided, however, that the
Declarant specifically reserves the right to amend or modify any
portion or portions of these covenants, conditions, and restrictions as
the same may be made applicable to such additional properties.
ARTICLE III
DISCLOSURES AND DISCLAIMERS BY DECLARANT
Section 1. Status of Marina Facility. The Marina Facility is located upon
navigable waters and exists solely in accordance with the terms of such permits as have
been issued, and remain in effect, by agencies of the United States of America and the
State of North Carolina. All rights in and to said Marina Facility and all improvements
related thereto are subject to the terms and conditions of such permits, compliance with
such terms and conditions, and the continued existence, effectiveness, and renewal (if
required) of such permits. In accordance with State regulations and permits, the Marina
Facility is a "closed -head", "non live -aboard" marina as defined by CAMA. Each Member,
by acceptance of membership, acknowledges these disclosures by Declarant and agrees
to accept membership subject thereto.
3

ARTICLE IV
MEMBERS AND RIGHTS OF MEMBERSHIP
Section 1. Classes of Membership. There shall be two (2) classes of Members
and Memberships, Charter and Class A, and that membership will be the personal property
of the Member. The various rights and characteristics of said classes of membership shall
be as set forth below in this Article. Declarant reserves the right to create any additional
classes of memberships as it deems appropriate.
Section 2. Charter Membership. In consideration for the establishment of the
Development and the creation of the proposed facilities, the Association shall issue and
assign to the Charter Member the Charter Membership rights in each and every
membership in the Association. Said Charter Membership shall be freely transferable by
Charter Member to another person, partnership, association, corporation, or other entity,
and such membership shall immediately cease to be a Charter Membership upon transfer
to another such person, partnership, association, corporation, or other entity and shall
automatically convert to a Class A Membership, as shown on the certificates. Further, the
Charter Membership shall have the right, at its sole option, to convert any Charter
Membership to a Class A Membership or any other class at any time upon notice to the
Association.
Section 3. Class A Membership. Each Class A Membership shall entitle such
Member to the exclusive use and enjoyment of one (1) particular Wet Boat Slip as
identified on the'membership certificate. Each Class A Member shall have the exclusive
right, subject to the provisions hereof and the provisions of the Bylaws and Rules and
Regulations issued pursuant hereto, to occupy, possess, and lawfully use that particular
wet boat slip identified on such membership certificate. Each Class A Member shall also
have those common area rights and voting rights set forth below in this Article.
Each Class A Membership participant agrees and acknowledges that the Developer
will have the right to create additional classes of membership as it, in its sole discretion,
N

may determine, so long as such new membership class(es) will not in any way impact
Class A Member's use of their designated boat slip and the docks serving said boat slips.
Section 4. Common Area Rights. Each Member shall have a nonexclusive right
and easement of enjoyment in and to the Common Areas subject to the right of the
Association:
1. To assign particular Class A Members the right to the exclusive use and
enjoyment of Boat Slips in the Marina Facility;
2. To limit the number of guests of Members;
3. To, in accordance with its Articles and Bylaws, borrow money for the purpose
of improving the properties, common area and facilities;
4. To suspend all rights of any Member for any period during which an
assessment against such Member remains unpaid or, for a period not to
exceed sixty (60) days, for an infraction of its published Rules and
Regulations; and to license or otherwise lawfully use all rights of any such
Member during any such period of suspension;
5. If in the sole discretion of the Board of Directors or the Board's agent (such
as a Dockmaster appointed bythe same) a determination shall be made that
circumstances warrant it, to order temporary evacuation of the boat slips to
prevent damage to the Common Areas and vessels located within the boat
slips due to impending storm or other such circumstances where there is a
reasonable risk that such damages may occur; and
6. To dedicate or transfer all or any part of the Common Area to any public
agency, authority or utility for such purpose, subject to such conditions as
may be agreed to by the Members. No such dedication or transfer shall be
effective unless approved bythe consent of the membership based upon an
affirmative vote of two-thirds (2/3) of the total votes eligible to be cast.
Section 5. Voting Rights. Except as specifically provided in the Bylaws of the
9

Association, the voting rights of the Members at any meeting of Members shall be as
follows:
1. Each Charter Membership shall have one (1) vote; and
2. Each Class A Membership shall have one (1) vote.
Section 6. Transfer of Membership Any and all Charter Memberships may be
transferred, assigned, pledged or leased by Declarant without limitation and without the
requirement of any prior approval. As to all other classes of membership, there shall be no
transfer, assignment, pledge or lease of any membership or any interest therein without the
prior approval of the Board of Directors of the Association following such procedures as
may be prescribed by the Bylaws, except that any Member may assign, pledge, or grant a
security interest in his or her membership or any interest therein without the Board's prior
consent, provided (a) the assignee, pledgee or secured party is a financial institution, the
deposits of which are insured by the Federal Deposit Insurance Corporation, or (b) the
purpose of the assignment, pledge, or security interest is to secure a loan to finance all or
a portion of the purchase price of such membership.
ARTICLE V
PROPERTY RIGHTS
Section 1. Ownership of Common Areas Declarant shall convey the Common
Areas to the Association. Notwithstanding the conveyance and/or recordation of any Map
or any other action by Declarant or the Association, all Common Areas (including the
Common Area streets, parking lot, and roads) shall remain private property and shall not
be considered as dedicated to the use and enjoyment of the public.
Section 2. Delegation of Use. Any Member may delegate, in accordance with
the Bylaws of the Association, his right of enjoyment to the Common Area and facilities to
the Members of his family, his guests, his tenants, or contract purchasers.
7

ARTICLE VI
COVENANT FOR ASSESSMENTS
Section 1. Creation of the Lien and Personal Obligation of Assessments
A. Each owner of each membership, except all Charter Memberships,
agrees to pay the Association:
1. regular assessments;
2. special assessments;
3. assessments for violations of this Declaration, the Bylaws or Rules
and Regulations; and
4. assessments for repairs of damage caused by fault, such
assessments to be fixed, established and collected from time to time
as hereinafter provided.
All such assessments, together with such interest thereon and costs of
collection thereof, as hereinafter provided, shall be a charge on the offending
Members and shall be a continuing lien upon the membership against which
each such assessment is made. Each such assessment, togetherwith such
interest, costs and reasonable attorney's fees, shall also be the personal
obligation of the person who was the owner of such membership at the time
the assessment became due. Personal obligations for delinquent
assessments shall not pass to successors in title unless the same is
expressly assumed by such successor.
B. DUE TO THE EXPENDITURE OF FUNDS FOR THE COSTS OF
DEVELOPMENT AND OPERATIONS, THE CHARTER MEMBER SHALL
BE EXEMPT FROM ALL ASSESSMENTS UNTIL JANUARY 1, 2007.
BEGINNING ON JANUARY 1, 2007, THE CHARTER MEMBER WILL PAY
10

ASSESSMENTS ONLY ON THOSE CHARTER MEMBERSHIPS THATARE
RENTED TO THIRD PARTIES, IF ANY. SUCH ASSESSMENTS ON
RENTED CHARTER MEMBERSHIPS SHALL BE PAYABLE ONLY
DURING THE TERM OF ANY SUCH RENTAL, TO BE PRORATED BASED
UPON THE BEGINNING AND ENDING DATES OF SUCH TERM.
Section 2. Assignment of Assessments Class A Members will have the
responsibility for the operating expenses of the Marina, maintaining and insuring the docks,
piers, pilings, bulkhead; electrical, plumbing; common areas, storage units, and those
amenities associated with the same, and paying the ad valorem taxes thereon.
Assessments shall be allocated in accordance with the square footage within each slip;
and is originally established in accordance with the following schedule:
ORIGINALLY ALLOCATED ASSESSMENTS
Unit/Slip
Number
Square
Footage
Portion of
Common
Expenses
Allocated to Each
Slip
Sli 1
800.
12.50%
Slip 2
800
12.50%
Slip 3
800
12.50%
Slip 4
800
12.50%
Slip 5
800 _
12.50%
5116
800
12.50%
Slip 7
800
12.50°/d
Slip 8
800
12.50%0.
This original allocation of assessments, and all future allocations, is based upon a
percentage found by the square footage within a slip as the numerator and the total square
footage within all constructed slips as the denominator, By way of example, if a member
has a 800-square-foot boat slip and the total square footage of all boat slips in the Marina
is 6,400, then that member would pay 12.5 % of the total assessment, that is 800/ 6,400 =
I

012.5 which is rounded to next highest 100t' of a percentage point since over .005). If and
when new slips are constructed on the property, each new slip and all previously
constructed slips (as identified above) will be assessed with a portion of the Common
Expenses in proportion (percentage %) with that slip's square footage as compared to the
total square footage in all constructed slips.
Section 3. Purpose of Assessments The assessments levied by the Association
will be used:
A. to maintain all private roads constructed within the Common Areas to the
standard of maintenance which would be required by Carteret County before
it would accept such roads for maintenance, provided that this provision does.
not require that the width of the road rights -of -way be the width required as
set forth before such roads would be accepted by Carteret County or any
other governmental unit for maintenance;
B. to maintain the Marina Facility and all pilings, piers, bulkheads, decking and
appurtenances thereto;
C. to keep all amenities in the Common Areas, including drainage easements, if
any, free of pollution and debris, to keep the Common Areas free of debris
and in a clean condition, and to maintain all amenities in an orderly condition,
and to maintain the landscaping therein in accordance with the highest
standards for a private residential community including any necessary
removal and replacement of landscaping;
D. to provide such security services as may be deemed reasonably necessary
for the protection of the Common Areas from theft, vandalism, fire and
damage from animals or otherwise;
E. to provide garbage removal services for the Marina Facility;
F to pay all ad valorem taxes levied against the Common Areas and any
property owned by the Association;
G. to pay the premiums on all hazard insurance carried by the Association on
12

the Common Areas and other property owned by the Association, and all
public liability insurance carried by the Association pursuant to the Bylaws;
H. to enforce these Covenants and the Rules and Regulations of the
Association;
I. to pay all legal, accounting and other professional fees incurred by the
Association in carrying out its duties as set forth herein or in the Bylaws; and
J. to accumulate and subsequently maintain a contingency reserve equal to
twenty percent (20%) of the sum of the amounts described in subsections (A)
through (1) above in orderto fund unanticipated -expenses of the Association.
Section 4. Determination of Regular Assessments
A. The Board shall determine the amount of regular assessments against
Members as specified in the Bylaws. Regular assessments against
Members shall be determined, imposed, levied and collected by the Board or
its agent.
B. The Board is specifically empowered on behalf of the Association to make
and collect regular assessments and to replace, maintain and repair all
property of the corporation including the private roads, parking lots,
clubhouse (if any), bulkheads, docks, piers, pilings, and any other facilities.
Assessments shall be payable periodically as determined by the Board, but
no more frequently than monthly.
Section 5. Special Assessments In addition to the regular assessments
authorized above, the Board may levy in any fiscal year, a special assessment or
assessments applicable to that year only, for the purpose of defraying, in whole or in part,
the cost of any construction or reconstruction, unexpected repair or replacement of capital
improvements upon any of the Common Area and the necessary or convenient fixtures
and personal property related thereto, or for defraying the expenses of operation,
maintenance and/or renovation not adequately funded by regular assessments. Except as
13

specified herein all special assessments shall be determined, imposed, levied and
collected in the manner prescribed in the Bylaws, provided that, if such special assessment
exceeds ONE THOUSAND DOLLARS ($1,000.00) per membership in any fiscal year for
any membership, such assessment shall have the approval of a majority of the votes
eligible to be cast at a meeting duly constituted for this purpose, written notice of which
shall have been sent to all Members not less than ten (10) days nor more than sixty (60)
days in advance of the meeting setting forth the time, date, place and purpose of the
meeting.
Section6. Assessment for Violations Forthe violation by a Member or his guest
of any rule or regulation adopted by the Board or the breach of any Bylaw, or the breach of
any provision of this Declaration, the Board shall have the power and authorityto impose a
special assessment against any Member not to exceed FIVE HUNDRED DOLLARS
($500.00) for each occurrence or the maximum amount allowed by law, whichever is less.
Section 7. Date of Commencement of Annual Assessment; Due Dates. The
regular assessments provided for herein shall commence as to each membership on the
first day of the month following its acquisition from the Declarant (Charter Member) by
some other person, partnership, association, corporation or other entity. No assessment
shall be levied or charged against any Charter Membership, except as provided in Article
VI, Section 1(B) herein above. The Board of Directors shall fix the amount of the regular
assessment against each membership at least thirty (30) days in advance of each fiscal
year. Written notice of the regular assessment shall be sent to the Member(s) owning
each membership. The due dates shall be established by the Board of Directors. The
Association shall, upon demand at any reasonable time, furnish a certificate in writing
signed by an officer of the Association setting forth whether the assessments against a
specified membership have been paid. A reasonable charge may be made by the Board
for issuance of these certificates. Such certificate shall be conclusive evidence of payment
of any assessment herein stated to have been paid.
14

Section 8. Assessments for Repairs of Damage Caused by Fault If a Member,
his assignee or licensee, or one of his guests damages or destroys, by his or her fault, as
determined by the Board, any of the property of the Association, including but not limited to
the private roads, clubhouse, landscaping, bulkheads, piers, docks and other facilities, the
Association shall repair the damage or replace the destroyed property as soon as
practicable and shall levy an individual assessment upon the owner(s) of that membership
for the full cost of repair or replacement.
Section 9. Effect of Nonpayment of Assessments - Remedies of the Association
Any assessments or any portions thereof that are not paid when due shall be delinquent. If
the assessment or any portion thereof is not paid within thirty (30) days after the due date,
the same shall become a lien on such membership and bear interest from the date of
delinquency at the rate of eighteen percent (18%) per annum or the maximum amount
allowed bylaw, whichever is less. No Member may waive or otherwise escape liability for
the assessments provided for herein by non-use or abandonment of his membership.
Section 10. Creation of Lien. Recognizing that proper operation and management
of the Common Areas and other property of the Association requires the continuing
payment of costs and expenses thereof, and that such proper operation and maintenance
result in benefit to all of the owners of memberships, and that the payment of such
common expenses represented by the assessments levied and collected by the Board is
necessary in order to preserve and protect the property of the owners of memberships, the
Association is hereby granted a lien upon each membership, excepting all Charter
Memberships, which lien shall secure and does secure the monies due for all assessments
now or hereafter levied against the owner of each membership which lien shall also secure
interest, if any, which may be due on the amount of any delinquent assessments owing to
the Association, and which lien shall also secure all costs and expenses, including
reasonable attorneys' fees (to the extent allowed by North Carolina law), which may be
incurred bythe Association in securing the payment of such assessment or enforcing this
lien upon the membership. Though not a condominium unit, the lien granted to the
15

Association may be foreclosed in the manner provided by North Carolina General Statutes
Section 47A-22 as may be amended from time to time; and in any suit for the foreclosure
of that lien, the Association shall be entitled to the appointment of a receiver for that
membership. The lien granted to the Association shall further secure such advances for
taxes, and payments on account of superior mortgages, liens, or encumbrances which may
be required to be advanced by the Association in order to preserve and protect its lien, and
the Association shall further be entitled to interest at the rate prescribed above on any such
advances made for such purposes. All persons, firms, or corporations who shall acquire;
by whatever means, any interest in the ownership of any membership, or who may be
given or acquire a mortgage, lien, or other encumbrance thereon, are hereby placed on
notice of the lien rights granted to the Association, and shall acquire such interest in any
membership expressly subject to such lien rights.
Section 11. Claim of Lien and Foreclosure The lien herein granted unto the
Association shall be enforceable from and after the time of recording a claim of lien in the
public records of Carteret County, North Carolina, which claim shall state the description of
the membership encumbered thereby, the name of the record owner, the amount due and
the date when due. The claim of lien shall be recordable anytime afterdefault and the lien
shall continue in effect until all sums secured by that lien as herein provided shall have
been fully paid. Such claims of lien shall include only assessments which are due and
payable when the claim of lien is recorded, plus interest, costs, attorneys' fees, advances
to pay taxes and prior encumbrances and interest thereon, all as above provided. Such
claims of lien, shall be signed and verified by an officer or agent of the Association. Upon
full payment of all sums secured by such claim of lien, the same shall be satisfied of
record. The Association shall be authorized to foreclose on such lien or claim of lien in any
manner allowed by law. The lien provided for herein shall be subordinate to the lien of any
first mortgage or pledge, and any person, firm or corporation acquiring title to any
membership by virtue of anyforeclosure, transfer in lieu of foreclosure orjudicial sale, shall
be liable and obligated only for assessments as shall accrue and become due and payable
thereafter. After satisfaction of the lawful claims of such first mortgagee/pledge, the net
16

proceeds from any foreclosure sale or private sale shall first be applied to the payment of
all lien claims of the Association, and the balance of such sale proceeds shall then be
delivered to the owner(s) of the membership which was subjected to the foreclosure or
private sale in lieu of foreclosure. In the event of the acquisition of a membership by
foreclosure, transfer in lieu of foreclosure orjudicial sale, any assessment or assessments
as to which the party so acquiring the membership shall not be liable, shall be absorbed,
and paid by all owners of all memberships as a part of the common expenses, although
nothing herein contained shall be construed as releasing the party liable for such
delinquent assessment from payment thereof or the enforcement of collection of such
payment by means other than foreclosure.
Section 12. Lien Not Exclusive Remedy. Whenever any membership may be
licensed, sold or mortgaged by the owner thereof, the Association, upon written request of
the Member(s) shall furnish to the proposed licensee, purchaseror mortgager, a statement
verifying the status or payment of any assessment which shall be due and payable to the
Association by such membership. Such statement shall be signed by any officer of the
Association and any licensee, purchaser, or mortgagee may rely upon such statement in
concluding the proposed license, purchase, or mortgage transaction; and the Association
shall be bound by such statement.
In any voluntary conveyance of a membership, the purchaser thereof shall bejointly
and severally liable with the seller for all unpaid obligations against seller made prior to the
time of such voluntary conveyance, without prejudice to the rights of the purchaser to
recover from seller the amounts paid by purchaser thereof.
Institution of a suit at law to attempt to effect collection of the payment of any
delinquent assessment, attorneys' fees, interest and costs shall not be deemed to be an
election by the Association which shall prevent it from thereafter seeking, by foreclosure
action, enforcement of the collection of any sums remaining owing to it, nor shall
proceeding by foreclosure to attempt such collection be deemed to be an election
precluding the institution of a suit at law to collect any sums then remaining owing to the
Association.
17

ARTICLE VII
COMMON AREAS AND COMMON EASEMENTS
Section 1. Use of Common Area. The Common Area shall not be used in any
manner except as shall be approved or specifically permitted by the Association. Subject
to the provisions of the Articles of Incorporation and this Declaration, the Board of Directors
of the Association shall have the powerto formulate, publish and enforce reasonable rules
and regulations concerning the use and enjoyment of all the property of the Association,
including private roads, clubhouse (if any), Marina Facility, and parking lot and associated
areas and any other facilities which may be constructed and conveyed by Declarant to the
Association. Each Member shall have an equal right of access and use of all easements
and Common Areas subject to the control of the Board as above described.
Section 2. Quiet Enioyment No obnoxious or offensive activity shall be carried
on in or upon the property of the Association, nor shall anything be done which may be or
may become a public or private nuisance as determined by the laws of North Carolina.
Section 3. Maintenance of Common Areas The Association shall provide
maintenance of all of its properties including private roads, clubhouse (if any), Marina
Facility, bulkheads, parking lot and areas, as well as maintenance dredging of the
submerged lands of the Marina Facility. The cost of such maintenance shall be added to
and become a part of the total annual assessment as specified herein and in the Bylaws.
Section 4. Easement Affecting Common Areas All of the property of the
Association shall be subject to such easements for driveways, walkways, parking areas,
water lines, sanitary sewers, storm drainage facilities, footings, air conditioning
compressors (if any), gas lines, telephone, cablevision and electric power lines and other
public utilities as are upon the property of the Association; and the Association shall have
the power and authority to grant and establish upon, over and under and across all of its
18

properties as described such further easements as are appropriate for the convenient
maintenance, repair, use and enjoyment of such properties.
ARTICLE VIII
INSURANCE
Section 1. Association and Common Areas The Board of Directors on behalf of
the Association, as an operational expense, shall at all times keep it and its property
reasonably insured against loss or damage by fire, wind, hail, flood, storm orother hazards
normally insured against, and other such risks, including public liability insurance, upon
such terms and for such amounts as may be reasonably necessary from time to time to
protect the interests of the Association, which insurance proceeds shall be payable in case
of loss to the corporation. The Board of Directors of the Association shall have the sole
authority to deal with the insurer in the settlement of claims.
Such insurance shall be obtained without prejudice to the right of each Member to
insure his personal property for his own benefit at his own expense. In no event shall the
insurance coverage obtained by the Association be brought into contribution with insurance
purchased by Members of their pledgees or mortgagees.
Section 2. Boats and Crafts. All boats and crafts docked in any boat slip of the
Marina Facility shall be covered by liability insurance providing, at a minimum, $150,000.00
single limit coverage. Proof of such insurance shall be provided by the Member to the
Association or such agent, property manager, or dock master as it shall appoint.
ARTICLE IX
SALES, MORTGAGES PLEDGES AND LICENSES
Section 1. Sale of Membership In the event that any Member, excluding a
Charter Member, desires to sell or transfer his membership, he shall evidence such
transfer by executing the transfer provision on the reverse side of his membership
19

certificate and shall deliver the same to the Board of Directors of the Association,
requesting issuance of a new certificate to the buyer. Transfer of the membership is
subject to the right of first refusal by the Declarant and the Board of Directors as described
in the Bylaws of the Corporation. Any transfer or sale of any membership by any Member
shall be subject to all the terms, covenants, limitations and provisions of this Declaration,
as well as the Bylaws and Rules and Regulations issued pursuant hereto. Declarant's right
of first refusal as described herein shall continue until such time as Declarant shall file a
writing with the Carteret County Register of Deeds releasing such right(s).
Section 2. License of Membership No Member shall license his membership
rights without express prior approval of the Board of Directors, but such approval shall not
be unreasonably withheld. The Board of Directors shall adopt a procedure for application
for the approval of licenses.
Section 3. Transfer Voidable. Any sale, transfer, conveyance or license of any
membership without complying with the provisions of this Article is voidable at the election
of the Association, through its Board of Directors.
Section 4. Pledging of Membership Any and all Charter Memberships maybe
assigned or pledged by Declarant without limitation and without the requirement of any
prior approval. As to all other classes of membership, there shall be no assignment or
pledge of any membership or any interest therein without the prior approval of the Board of
Directors following such procedures as may be prescribed by the Bylaws or otherwise
provided for by the Board of Directors, except that any Member may assign, pledge or
grant a security interest in his or her membership or in any interest therein without the
Board's prior written consent, provided (a) the assignee, pledgee or secured party is a
financial institution, the deposits of which are insured by the Federal Deposit Insurance
Corporation, or (b) the purpose of the assignment, pledge or security interest is to secure a
loan to finance all or a portion of the purchase price of such membership. The Association
shall maintain a record of all assignments, pledges, and security interests of which it is
20

notified.
Section 5. Binding Nature: Endorsement of Membership Certificates The
provisions of this article shall be binding upon and inure to the benefit of all of the Members
of the Association, their respective heirs, administrators, successors and assigns; and, as
further evidence of the binding nature of these provisions, each certificate of membership,
excepting certificates for all Charter Memberships, shall be endorsed as follows:
"Any sales, transfer, pledge, mortgage or lease of this
certificate must be done in compliance with the provisions
of the Declaration and Bylaws of Beaufort Marina Village Yacht Club, Inc."
ARTICLE X
GENERAL PROVISIONS
Section 1. Governance and Control of Association The Association shall be
governed by a Board of Directors in accordance with the provisions of the Bylaws.
Notwithstanding any other provisions of this Declaration or the Bylaws, the Declarant shall
have the right and power to appoint and to remove all Members of the Board of Directors
and all officers of the Association until such time as the first of the following events occurs:
(A) Declarant no longer owns any membership in the Association; and
(B) Declarant expressly surrenders said right and power by written instrument
fully executed by Declarant and recorded in the Carteret County Registry.
Section 2. Assignment of Development Rights If the Declarant shall lease,
transfer, or assign the Property or the development of such property, or if he/she/it shall be
succeeded by another in the development of such Property, then such transferee,
assignee, or successor shall be vested with the several rights, powers, privileges or
authorities given said Declarant by any part of any paragraph hereof. The foregoing
21

provisions of this paragraph shall be automatic, but the Declarant may execute such
instrument as it shall desire to evidence the vesting of the several rights, powers,
privileges, and authorities in such transferee, assignee or successor. In the event the
Declarant contemplates or is in the process of dissolution, merger or consolidation, the
Declarant maytransfer and assign to such person, firm or corporation as it shall select any
and all rights, powers, privileges and authorities given the Declarant by any part or
paragraph hereof, whether or not the Declarant shall also transfer or assign the
development of such Property or be succeeded in the Development of such Property. In
the event that at any time hereafter there shall be no person, firm or corporation entitled to
exercise the rights, powers, privileges and authorities given said Declarant under the
provisions hereof, such rights, powers, privileges and authorities shall be vested in and
exercised by a Committee to be elected or appointed by the Board of Directors, In such
event, the Committee shall then have the same rights, powers, privileges and authorities as
are given to the Declarant by any part or paragraph hereof. Nothing herein shall be
construed as conferring any rights, powers, privileges, and authorities in said Committee
except in the event aforesaid.
Section 3. Enforcement. In the event of any violation or attempted violation of
any of the restrictions, conditions, covenants, reservations, and provisions hereof, then the
Declarant, the Association, and/or any Member shall have the right to enforce the same by
maintaining or prosecuting proceedings at law for the recovery of damages and/or
proceedings in equity for the purpose of preventing such violation. The remedies set forth
herein shall be construed as cumulative of all other remedies now or hereafter provided by
law. Failure to enforce any covenant or restriction contained herein shall in no event be
deemed a waiver of the right to do so thereafter.
Section 4. Severability. Invalidation of anyone of these covenants or restrictions
byjudgment or court order shall in no way affect any other provisions, which shall remain in
full force and effect.
22

Section 5. Rules and Regulations Rules and Regulations governing the use and
appearance of the Common Area, conduct of Members and guests, and use and care of
the Marina Facility may be made by the Board of Directors and thereafter amended in
accordance with the Bylaws.
Section 6. Duration and Binding Effect The covenants, conditions and
restrictions of this Declaration shall run with the land, shall be binding insofar as the law
permits, and shall be enforceable for a term of twenty (20) years from the date this
Declaration is recorded, after which time such covenants shall be automatically extended
for successive periods of ten (10) years each.
Section 7. Amendment. This Declaration may be amended in either of the
following two (2) ways:
(A) By the Declarant, so long as the Declarant still owns or holds any Charter
Membership, by a written instrument executed by Declarant and recorded in
the Carteret County Registry; or
(B) By the Association upon an affirmative vote of not less than sixty-six and two-
thirds percent (66 2/3%) of the votes eligible to be cast, any such
amendment to be evidenced by a written instrument recorded in the Carteret
County Registry, provided, however, the Declaration may not be amended to
cause Charter Memberships to be assessed and that any amendment bythe
Association, to be effective, shall require the written consent of the Declarant
so long as the Declarant owns or holds any membership of any kind.
Section 8. Effective Date. This Declaration shall become effective upon its
recording in the Carteret County Registry.
IN WITNESS WHEREOF, Rodney P. Hoell, Deborah H. Hoell and Beaufort Marina
23

Village, LLC, the Declarant, has caused this instrument to be executed the day and year
first above written.
BEAUFORT MARINA VILLAGE YACHT CLUB, INC.
Rodney P. Hoell - Incorporator
BEAUFORT MARINA VILLAGE, LLC
Rodney P. F,loell, Manager
By:� e C�
Rodney P. Hoell - Declaran'
Deborah H. Hoell - Declarar
24

STATE OF NORTH CAROLINA
COUNTY OF CARTERET
I, a Notary Public of the County and State aforesaid do hereby certify that Rodney P.
Hoell, Declarant as described in the above document, and as the incorporator of Beaufort
Marina Village Yacht Club, Inc., a newly formed North Carolina non-profit corporation,
personally appeared before me this date and acknowledged the due execution of the
foregoing instrument in his own name as Declarant and as the incorporator of Beaufort
Marina Village Yacht Club, Inc. on behalf of that corporation and as the act of the
corporation.
WITNESS my hand and Notarial Seal, this the ��ay of January, 2006.
My Commission Expires:
STATE OF NORTH CARC
COUNTY OF CARTERET
I, a Notary Public of the County and State aforesaid do hereby certify that Deborah
H. Hoell, Declarant as described in the above document, personally appeared before me
this date and acknowledged the due execution of the foregoing instrument in her own
name as Declarant.
r44.r-'r1TCA'1"q'
WITNESS my• Seal, this the �day of January, 2006,
Y `• !
My Commission Expires:
%-.4! -a
Notary Public
K"

STATE OF NORTH CAROLINA
COUNTY OF CARTERET
],a Notary Public of the County and State aforesaid do hereby certify that Rod Hoell,
Member/Manager of Beaufort Marina Village, LLC., a North Carolina limited liability
company, personally appeared before me this date and acknowledged the due execution
of the foregoing instrument in its name and as the act of the company referred to in this
acknowledgment.
L.(✓
WITNESS my hand and Notarial Seal, this the �� day of January, 2006
My Commission Expires:
M.

CONSENT OF LIENHOLDER
Branch Banking and Trust Company joins in the execution of this Declaration to
consent to the terms of the same and subordinate the lien of the Deeds of Trust to BB&T
Collateral Service Corporation, Trustee, for Branch Banking and Trust Company to this
Declaration, said Deeds of Trust being recorded in Book 1084, Page 305 and Book 1110,
Page 226 in the office of the Register of Deeds of Carteret County.
IN TESTIMONY WHEREOF, Trustee and Branch Banking and Trust Company have
caused this Declaration to be executed in such form as to be legal and binding.
BB&T COLLATERAL SERVICE CORPORATION
Z
BRANCH BA ING AND TRUST COMPANY
I
By: _
U �'t,- , STATE OF OF NORTH qAROLINA
COUNTY OFC
I, � �e s a Notary Public in and for said County and
State, do h reby certify that a�- personally
came before me this day and acknowledged that _he is V i ca President of BB&T
Collateral Service Corporation, a corporation, and that _he, as -C U, � President
being authorized to do so, executed the foregoing on behalf of the corporation.
WITNESS my hand and official seal, this the Zt;tday of LA-C-k,
M.
My Commission Expires:
(o _ jc-Zo Icy
- SEAL -
27
'r)T aq"S�
Notary Public

STATE OF NORTH CAROLINA
COUNTY OF c A4,, ,--'
I, 1--1_ CG fn bps , a Notary Public in and for said County and
State, do h reby certify that Y�'lArlc- ArJeJ sa,-- personally
came before me this day and acknowledged that he is N1; President of Branch
Banking and Trust Company, a corporation, and that he, as S- r. V; c President
being authorized to do so, executed the foregoing on beh_alf of the corporation.
WITNESS my hand and official seal, this the yc-�P-day of u
2006.
P Notary Public
My Commission Expires:
t� -19- Zois
- SEAL -
2s

Exhibit A
Property Description
Beginning at a point located by measuring from a point in the
centerline of the Pivers Island Road (S. R. 1208) which is located N 3°
22' 10" W 172.75 feet from the intersection of the centerline with the
North edge of the Pivers Island Bridge; and running thence to the point
of beginning N 7811 590 54" E 29.28 feet; thence for a first call
running S 42 53, 36" E 160.14 feet; thence S 832 37, 35" E 16.19 feet;
thence N 419 00, 40" E 40.01-feet; thence N 87Q 47' 10" E 34.87 feet;
thence N 772 471 351' E 51.12 feet; thence N 672 331 0511 E 130.77 feet;
thence N 202 58' 55" W 43.69 feet; thence N 862 17' 1511 W 42.30 feet;
thence S V 00' 35" W 25.20 feet; thence S 672 40' 35" W 27.66 feet;
thence S 789 12, 30" W 29.89 feet; thence N 722 39' 10" W 55.57 feet;
thence N 312 54, 40" W 46.59 feet; thence S 882 38' 451r W 28.05 feet;
thence N 402 52' 401r W 22.39 feet; thence with the high water mark of
Knasty Harbor to a point which is the beginning point of Tract I above
and is the following two courses and distances from the termination of
the immediately preceding call, to wit, S 789 59' 54" W 26.90 feet and
N 72 47' 14" W 237.15 feet; and thence S 72 47r 14" E 237.15 feet to
the point of beginning, containing 20,144 square feet, more or less.
Also included herein are all riparian and littoral rights and all land
waterward of any boundary described herein. Excepted is the right-of-
way of S. R. 1208 (givers Island Road). This property is the same
property conveyed to Dudley Seafood Company, Inc., by deed from S. Gen
McClung dated May 11, 1987, Book 577, Page 362, Carteret County
Registry.
29