168-96 TX/Renewal Snows Cut Marina Townhouses

Y
Permit Class
RENEWAL/TRANSFER = "STATE OF NORTH `CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
�P�II�It
for '
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling.pursuant to NCGS 113-229
Issued to Snows Cut Marina Townhouses, c/o Ellsworth -Sloane, LLC, Box 443, Greenville, N. C. 27835
authorizing development in
Cut
New Hanover
Permit Number
16846" '
County at _ Myrtle Grove Sound, immed. south of Snows
as requested in the permittee's application dated 8/7/96 including attached work plan
drawings for marina and upland construction, 8 sheets dated received 819196 & "Dredge Plan" dated received 8/29/96.
This permit, issued on S- t k - q 1 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 permit amendment authorizes, in addition to the upland residential development, the marina
development for which review under the N. C. Environmental Policy Act concluded on January 13,
1997.
Marina Basin Excavation
2) In order to protect juvenile shrimp and finfish populations, no excavation or filling will be
permitted between April 1 and September 30 of any year without the prior approval of the
Division of Coastal Management, in consultation with the Division of Marine Fisheries.
(See attached sheets for Additional Conditions)
r
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 DENR and the
Chairman of the Coastal Resources Commission.
-Donna D.Moffitt,Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Snows Cut Marina Townhouses Permit #168-96
Page 2 of 4
ADDITIONAL CONDITIONS
3) Excavation shall not be conducted any closer than 10' from the waterward edge of the coastal
marsh.
4) Excavation will not exceed 6 feet below the mean low water (MLW) elevation.
5) No marsh grass will be excavated and/or filled.
6) The temporary placement or double -handling of excavated or fill materials within waters or
vegetated wetlands it not authorized.
7) All excavated materials will be confined 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.
8) 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.
9) The terminal end of the pipeline will be positioned at or greater than fifty feet (50') from any part
of the dike and a maximum distance from spillways to allow settlement of suspended solids.
10) A water control structure will be installed at the intake end of the effluent pipe to assure
compliance with water quality standards.
11) 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 or upon any marsh or surrounding
waters.
12) The activity will be conducted in such a manner as to prevent a significant increase in turbidity
outside the area of construction or construction -related discharge. Increases such that the
turbidity in the water body is 25 NTUs or less are not considered significant.
NOTE: The Division of Water Quality approved the excavation aspect of the project on
October 29, 1996 under General Water Quality Certification No. 3025.
Dock Construction and Marina Operation
13) Prior to construction of new docks, an Easement must be approved by the State Property Office,
Dept. Of Administration (telephone: [phone]).

,l
Snows Cut Marina Townhouses
Permit 9168-96
Page 3 of 4
ADDITIONAL CONDITIONS
14) All structures must be built a minimum of eighty (80) feet from the near edge of the Atlantic
Intracoastal Waterway (AIWW).
15) Prior to occupancy of any new slips authorized by this permit, the permittee will install and
maintain for the life of the project, a pump -out facility to service boats with holding tanks.
16) The marina will display a sign showing the location of the onsite pumpout facility, including
other appropriate waste disposal information, at the entrance and exit from the main pier.
17) No sewage, whether treated or untreated, shall be discharged at any time from boats using the
marina. Any sewage discharge at the marina 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.
18) 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 marina without permit
modification. No non -water dependent uses of structures may be conducted on, in, or over
public trust waters without permit modification.
19) No attempt will be made by the permittee to prevent the full and free use by the public of all
navigable water 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.
20) It is possible that the authorized structure may be damaged by wavewash from passing vessels.
The issuance of 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.
21) 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 party.
Upland Development and General
22) The boardwalk connecting the northern docking system to the existing pier to the south must be
situated over open water.

Snows Cut Marina Townhouses
ADDITIONAL CONDITIONS
Permit #168-96
Page 4 of 4
23) The Division of Water Quality authorized upland development on October 1, 1996 under
Stormwater Management Permit No. SW8960805. Any violation of the stormwater management
permit will be considered a violation of this CAMA permit.
24) All bulkhead construction or repair will take place landward of wetlands.
25) The residential project will be carried out in keeping with all local state building codes and
regulations.
26) If the permittee discovers any previously unknown historic or archaeological remains while
accomplishing the authorized work, he will immediately notify the Wilmington District
Engineer, who will initiate the required State/Federal coordination.
NOTE: An Erosion and Sedimentation Control Plan will be required for this project.
This plan must be filed at least thirty (30) days prior to the beginning of any
land -disturbing activity. Submit this plan to the Dept. of Environment and
Natural Resources, Land Quality Section, 127 Cardinal Drive Extension,
Wilmington, NC 28405.

Permit Class
RENEWAL/TRANSFER:
- STATE OF NORTH CARR OLINA -
Department of Environment and Natural Resources
and
Coastal Resources Commission
�P�l1�It
for '
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling.pursuant to NCGS 113-229
Issued to Snows Cut Marina Townhouses, c/o Ellsworth -Sloane, LLC, Box 443, Greenville, N. C. 27835
Permit Number
authorizing development in New Hanover . County at Myrtle Grove Sound, immed. south of Snows
Cut
as requested in the permittee's application dated 8/7/96 including attached work plan
drawings for marina and upland construction, 8 sheets dated received 8/9/96 & "Dredge Plan" dated received 8/29/96.
This permit, issued on S " t b' - C1 / 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 permit amendment authorizes, in addition to the upland residential development, the manna
development for which review under the N. C. Environmental Policy Act concluded on January 13,
1997.
Marina Basin Excavation
2) In order to protect juvenile shrimp and ftnfish populations, no excavation or filling will be
permitted between April 1 and September 30 of any year without the prior approval of the
Division of Coastal Management, in consultation with the Division of Marine Fisheries.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the
issuing date. 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 DENR and the
Chairman of the Coastal Resources Commission.
ytt�
-Donna D.Moffitt,Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Y.
Snows Cut Marina Townhouses Permit #168-96
Page 2 of 4
ADDITIONAL CONDITIONS
3) Excavation shall not be conducted any closer than 10' from the waterward edge of the coastal
marsh.
4) Excavation will not exceed 6 feet below the mean low water (MLW) elevation.
5) No marsh grass will be excavated and/or filled.
6) The temporary placement or double -handling of excavated or fill materials within waters or
vegetated wetlands it not authorized.
7) All excavated materials will be confined 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.
8) 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.
9) The terminal end of the pipeline will be positioned at or greater than fifty feet (50') from any part
of the dike and a maximum distance from spillways to allow settlement of suspended solids.
10) A water control structure will be installed at the intake end of the effluent pipe to assure
compliance with water quality standards.
11) 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 or upon any marsh or surrounding
waters.
12) The activity will be conducted in such a manner as to prevent a significant increase in turbidity
outside the area of construction or construction -related discharge. Increases such that the
turbidity in the water body is 25 NTUs or less are not considered significant.
NOTE: _ The Division of Water Quality approved the excavation aspect of the project on
October 29, 1996 under General Water Quality Certification No. 3025.
Dock Construction and Marina Operation
13) Prior to construction of new docks, an Easement must be approved by the State Property Office,
Dept. Of Administration (telephone: [phone]).

Snows Cut Marina Townhouses Permit 9168-96
Page 3 of 4
ADDITIONAL CONDITIONS
14) All structures must be built a minimum of eighty (80) feet from the near edge of the Atlantic
Intracoastal Waterway (AIWW).
15) Prior to occupancy of any new slips authorized by this permit, the permittee will install and
maintain for the life of the project, a pump -out facility to service boats with holding tanks.
16) The marina will display a sign showing the location of the onsite pumpout facility, including
other appropriate waste disposal information, at the entrance and exit from the main pier.
17) No sewage, whether treated or untreated, shall be discharged at any time from boats using the
marina. Any sewage discharge at the marina 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.
18) 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 marina without permit
modification. No non -water dependent uses of structures may be conducted on, in, or over
public trust waters without permit modification.
19) No attempt will be made by the permittee to prevent the full and free use by the public of all
navigable water 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.
20) It is possible that the authorized structure may be damaged by wavewash from passing vessels.
The issuance of 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.
21) 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 party.
Upland Development and General
22) The boardwalk connecting the northern docking system to the existing pier to the south must be
situated over open water.

Snows Cut Marina Townhouses Permit 9168-96
Page 4 of 4
ADDITIONAL CONDITIONS
23) The Division of Water Quality authorized upland development on October 1, 1996 under
Stormwater Management Permit No. S W8960805. Any violation of the stormwater management
permit will be considered a violation of this CAMA permit.
24) All bulkhead construction or repair will take place landward of wetlands.
25) The residential project will be carried out in keeping with all local state building codes and
. regulations.
26) If the permittee discovers any previously unknown historic or archaeological remains while
accomplishing the authorized work, he will immediately notify the Wilmington District
Engineer, who will initiate the required State/Federal coordination.
NOTE: An Erosion and Sedimentation Control Plan will be required for this project.
This plan must be filed at least thirty (30) days prior to the beginning of any
land -disturbing activity. Submit this plan to the Dept. of Environment and
Natural Resources, Land Quality Section, 127 Cardinal Drive Extension,
Wilmington, NC 28405.

E
r
i .�IC®ENR
j.
JAMES S. HUNTJR. -
GOVERNOR
WAYNE MCDcv=
SECRETARY
l DONNA D. MOFFITT
DIRECTOR
war-
ri
rt
r
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
May 17, 1999
Snows Cut Marina Townhouses
c/o Ellsworth -Sloane, LLC
Box 443
Greenville, NC 27835
Dear Sir:
'the enclosed permit constitutes authorization underthe Coastal Area ManagementAct, and where applicable,
the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is
retained by you and it must be available on site when the project is inspected for compliance. Please sign both the
original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding
means you have waived your right of appeal described below.
If you object to the permit or any ofthe conditions, you may request a hearing pursuant to NCGS 113A-121.1
or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of
Administrative Hearings, P.O. Drawer 11666, Raleigh, NC 27611, [phone] within twenty (20) days ofthis
decision on your permit You should also be aware that if another qualified party submits a valid objection to the
issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal
Resources Commission makes the final decision on any appeal.
The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be
carried out in accordance with your application. Modifications, time extensions, and future maintenance require
additional approval. Please read your permit carefully prior to starting work and review all project plans, as
approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully
understands all permit requirements.
From time to time, Department personnel will visit the project site. To facilitate this review, we request
that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise
concerning permit conditions, environmental safeguards, orproblem areas, you may contact Department personnel at
any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally
important coastal resources.
Very sincerely,
John . Pazker, Jr.
Major Permits/Consistency Manager
JRP:jr/amw
Enclosure
P.O. Box 27687, RALEIGH, NC 27611-7687 /2728 CAPITAL BLVD., RA LEIGH, NC 27604
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY/ AFFI RMATIVE ACTION EMPLOYER-50q RECYCLED/10% POST -CON SU M ER PAPER

State of North Carolina
Dephrtment of Environment
Natural Resources
Wilmington Regional Office
Division of Coastal Management
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Donna Moffitt, Director
TO: Doug Huggett
Permits Section, DCM
FROM: E. F. Brooks �—R
Field Representative, DCM
THROUGH: C. Robert Stroud, Jr.
District Manager, Wilmington, DCM
DATE: May 4,1999
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
SUBJECT: Request for transfer and renewal of State Permit # 168-96
Snows Cut Marina & Townhouses
The applicants are requesting transfer and renewal of their above referenced permit. They have submitted
the attached ownership documentation and fees. I have no objection to the request, and recommend the
continuance of existing permit conditions.
MAY 0 7 1999
COAST41MANA3EMENT
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

APR 2 8 1999
q4BGQuality Built Construction • P.O. Box 443, Greenville, NC 27835
ED BROOKS
NCDENR
WILMINGTON REGIONAL OFFICE
127 CARDINAL DRIVE EXTENSION
WILMINGTON, N. C. 28405
DEAR MR. BROOKS
I AM HEREBY REQUESTING THAT CAMA PERMIT #168.96 ISSUED IN THE NAME OF SNOWS
CUT MARINA TOWNHOUSES BE TRANSFERRED TO ELLSWORTH-SLOANE L. L. C. THIS IS IN
NO WAY INTENDED TO MODIFY OR CHANGE THE PURPOSE OR UTILIZATION OF THE
PERMIT. I AM FURTHER REQUESTING A SIMULTANEOUS EXTENTION OF THE PERMIT FOR
AN ADDITIONAL TWO YEARS BEYOND THE CURRENT EXPIRATION DATE OF DECEMBER
31, 1999. THIS ACTION IS ALSO NOT INTENDED TO IN ANY WAY CHANGE THE PURPOSE OR
UTILIZATION OF THE PERMIT. TO FACILITATE THIS TRANSFER AND EXTENTION I AM
ENCLOSING A COPY OF THE WARRANTY DEED WHICH CONVEYED THE PROPERTY
BETWEEN THE TWO ENTITIES, A COPY OF PERMIT 4168.96 AND TWO CHECKS IN THE
AMOUNT OF FIFTY DOLLARS WHICH I UNDERSTAND ARE THE APPROPRIATE FEES.
I WILL APPRECIATE YOUR ASSISTANCE IN THESE MATTERS AND IF THERE ARE
QUESTIONS THAT REMAIN PLEASE FEEL FREE TO CONTACT ME.
REGARDS
TERRY B. TAYLOR
VICE PRESIDENT/ADMINISTRATION
APRIL 20, 1999
Phone: [phone] • Fax: [phone]

2.
i3U0n PACE
21?1 0161
Z31
10 �.117� O
which constitute a lien against the property; APR 2 81999
DIVISION OF
Federal, state and local land use and zonj=AA8j
rules and regulations;
3. Easements, rights of way and restrictions of record.
IN WITNESS WHEREOF, the Grantor has caused this instrument to
be signed in its name by its duly authorized manager and their
seals to be hereunto affixed by on the day and year first above
written.
SNOWS CUT ASSOCIATES, L.L.C.(SEAL)
B tea= SEAL
Steven H. MacCurry,
Trustee of The 12020 rust, Manager
STATE OF NORTH CAROLINA
COUNTY OF N+HTWILANOPU£R
Notary Public in and for
aforesaid county land state, do hereby certify that STEVEN H.
MACCURRY, Trustee of The 12020 Trust, Manager of Snows Cut
Associates, L.L.C. personally appeared before me this day and
acknowledged the due execution of the foregoing instrument.
This the day of April, 1?.97. -
Nota Public
My commission expires: Z P
(Notarial Seal) Vr ZOP�y t�C'
Qfi
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
The foregoing Certificate(s) of o,, / ✓ 8 Driy / S ,
Notary Public, is certified to be correc . This instrument and
this certificate are duly registered at the date and time and in
the Book and Page shown on th first age hereof.
This the day of , 1997.
MARY �k-ilE OOT$i Register of Deeds for New Hanover County
by: iiLp�7/l�t�%
n

U
f300K PAGE
2 17 1 0 16 0 APR 2 8 1999
DIVIS1ONi OF
Easterly line of First Avenue (60 foot x.9A-§T4 V&�4 jGENFL 1d
center line of Spencer-Farlow Drive were extended Eastwardly,
as shown on the map of "Division of D.E. Lewis Property"
recorded in Map Book 6, Page 34 of the New Hanover County
Registry. Said beginning point being the Southernmost corner
in the Easterly line of said First Avenue of a tract conveyed
to Nautical Associates, Inc., by deed recorded in Book 1335,
at Page 626, of said Registry. Running thence from said
beginning point:
1. South 84 degrees 06 minutes East 343.71 feet along the
Southerly line of said tract conveyed to Nautical Associates,
Inc., to a new iron pipe; thence
2. Continuing South 84 degrees 06 minutes East 6.91 feet to
a point in the high water line of Myrtle Grove Sound; thence
3. In Southerly direction along said high water line to a new
iron pipe that is:
South 14 degrees 48 minutes 52 seconds West 10.46 feet
South 37 degrees 57 minutes 29 seconds East 5.79 feet
South 10 degrees 04 minutes 14 seconds West 29.00 feet
South 9 degrees 19 minutes 42 seconds West 45.86 feet
South 17 degrees 23 minutes 40 seconds West 13.40 feet
South 20 degrees 17 minutes 16 seconds West 11.77 feet
South 16 degrees 38 minutes 47 seconds West 23.53 feet
South 12 degrees 57 minutes 40 seconds East 15.00 feet
South 8 degrees 58 minutes 04 seconds East 45.66 feet and
South 42 degrees 46 minutes 15 seconds East 13.00 feet from
the preceding point; thence
4. North 84 degrees 56 minutes West 364.32 feet to a new iron
pipe in the Easterly line of said First Avenue; thence
5. Along and with the Easterly line of said First Avenue
North 5 degrees 45 minutes 00 seconds East 209.99 feet to the
point of beginning.
The above described tract contains 1.66 acres and is that same
tract conveyed to E.L. Lewis and wife, Francis Lewis by deed
recorded in Book 786, at Page 731 of said Registry. The same
also being Tract "H" as shown on said map of "Division of D.E.
Lewis Property".
The three tracts of property hereinabove described were
acquired by Grantor by instruments recorded in Book 2150, Page
0359, Book 2126, Page 0119 and Book 2108, Page 0378 resepectively,
of the New Hanover County Registry.
TOGETHER with the rights. and benefits contained in that
certain Easement from the State of North Carolina, dated March 31,
1997, and recorded in Book, at Page, of the New Hanover
County.
TO HAVE AND HOLD the aforesaid lots or parcels of land and all
privileges and appurtenances thereto belonging to the Grantee in
fee simple.
And the Grantor covenants with the Grantee that Grantor is
seized of the premises in fee simple, has the right to convey the
same in fee simple, that title is marketable and free and clear of
all encumbrances, and that Grantor will warrant and defend the
title against the lawful claims of all persons whomsoever except
for the exceptions hereinafter stated.
Title to the property hereinabove described is subject to the
€ollowing exceptions:
1. 1997 ad valorem taxes which are not yet due and payable but
3

BOOK PAGE
T APR 2 8 1999
Tract Two 2 1 7 1 0 15 9 DIVISION OF
COASTAL MAIJAGEMEN
BEGINNING AT an existing iron pipe at the intersection of the
northern line of Spencer-Farlow Drive (60 foot right of way)
and the center line of Risso Lane (formerly First Avenue and
having a 60 foot right of way) if said centerline were
extended northwardly, as shown.on the map of "Division 'of
Lands in Federal Township -New Hanover County for A.A. Spencer
& C. Farlow" recorded in Map Book 6, Page 95 of the New
Hanover County Registry; running thence from said beginning
point North 01 degrees 29 minutes 18 seconds West 169.40 feet
to a point; thence North 01 degree 30 minutes 51 seconds West
40.08 feet to an existing concrete monument which is the
northwestern corner of Tract B as shown on said map and the
southwestern corner of that tract of land acquired by
Northcrest Investment Company by a deed recorded in Book 2038,
Page 0477, of the New Hanover County Registry; thence North 88
degrees 38 minutes 33 seconds East along the southern line of
Northcrest's above described tract 337.70 feet to a P.K. nail
in a bulkhead; thence North 88 degrees 51 minutes 36 seconds
East along said bulkhead 40.46 feet to a point in the CAMA
mean high water line; thence South 3 degrees 38 minutes 44
seconds East 80.63 feet to a point in said high water line;
thence South 54 degrees 43 minutes 30 seconds East 46.18 feet
to a point in said line; thence South 14 degrees 24 minutes 42
seconds East 48.84 feet to a point in said line; thence South
48 degrees 36 minutes 5 seconds West 9.63 feet to a point in
said line; thence North 31 degrees 28 minutes 2 seconds West
34.71 feet to a point in said line; thence North 86 degrees 20
minutes 21 seconds West 11.35 feet to a point in said line;
thence South 08 degrees 21 minutes 58 seconds West 36.27 feet
to a point in said line; thence South 32 degrees 43 minutes 08
seconds East 9.92 feet to a point in said line; thence South
00 degrees 22 minutes 51 seconds West 50.29 feet to a point in
said line; thence South 67 degrees 39 minutes 08 seconds East
7.27 feet to a point in said line; thence South 09 degrees 09
minutes 05 seconds East 5.90 feet to a point in said line;
thence South 67 degrees 46 minutes 51 seconds West 13.45 feet
to a point in said line which is the northwestern corner of
that tract of land conveyed to the grantee by those deeds
recorded in Book 2108, Page 0378 and Book 2108, Page 0381 of
the New Hanover County Registry; thence South 88 degrees 34
minutes 57 seconds West with the northern line of the property
aquired by the grantee by the aforementioned deeds 355.25 feet
to a existing iron pin in the eastern right of way line of
Risso Lane, the northwestern corner of the property described
in the aforementioned deeds to the grantee; thence North 01
degree 25 minutes 03 seconds West 30 feet along the eastern
right of way line of Risso Lane to an existing concrete
monument in the northern, line of Spencer Farlow Drive; thence
South 88 degrees 34 minutes 57 seconds West 30 feet along said
northern line to the point of beginning, the same being or
intended to be all the property acquired by the grantor by
that deed recorded in Book 1594, Page*1540 of the New Hanover
County Registry, and the same also being or intended to be all
of Tracts A and B shown on the above Spencer Farlow map
recorded in Map Book 6, Page 95 of the New Hanover County
Registry.
As well as all of the right, title, and interest of the
grantor in the real property and improvements east of the
above described tract between the LAMA mean high water line
and the low water mark of Myrtle Grove Sound.
:. Tract Three
BEGINNING AT an old iron rod at the intersection of the center
line of Spencer-Farlow Drive (60 foot right of way) and the
2

L' lam,
�, 6oK rAGc -S7 APR 23 PM 9 38
J �\ ZDANN� BY: DEANSR. DAVIS RECORDED AND VERIFIED
MARY SUE DOTS 1y��"[91vI�fON O
TAX PARCEL ID #: REGISTER OF DEEDS N E w pT�acmA�ENT
NEW HANOVER CO. NC $5146.00
RETURN TO: DEAN R. DAVIS STATE Or
TH
pExcise Tax
pOUNA it y' Beal Estate
STATE OF NORTH CAROLINA ,
W A R R A N T Y D E E D
COUNTY OF NEW HANOVER
000151
THIS DEED, made this Z^3_ day of April, 1997, by and
between SNOWS CUT ASSOCIATES, L.L.C., a North Carolina limited
liability company, with offices at 803 Canal Drive, Carolina Beach,
NC 28428, (hereinafter called Grantor, whether one or more persons,
firms or corporations), and ELLSWORTH-SLOANE, LLC, a North Carolina
limited liability company, with a mailing address of P. 0. Box 443,
Greenville, NC 27835 (hereinafter called Grantee, whether one or
more persons, firms or corporations).
W I T N E S S E T H:
THAT Grantor, for a valuable consideration paid by the
Grantee, receipt of which is hereby acknowledged, has bargained and
sold, and by these presents does bargain, grant, sell and convey
unto the Grantee in fee simple all that certain lot or parcel of
land situated in New Hanover County, North Carolina and being more
particularly described as follows:
Tract One
BEGINNING at an iron pipe in the eastern side of a 15-foot
drive, said point being the southwest corner of Tract "C"
according to a map of the division of the lands of A.A.
Spencer and C. Farlow as prepared by M.H. Lander, C.E., on
November 10, 1958, and duly recorded in Map Book 6 at Page 95,
of the New Hanover County Registry; running thence from said
beginning point and along the eastern side of said 15-foot
drive, and beyond, North, 5, degrees 45 minutes East 112.3 feet
to an iron pipe in the northwestern corner of said Tract 'rC"'
running thence South 87 degrees 07 minutes East 227.5 feet to
an old iron axle, the northeastern corner of said Tract "C";
running thence the same course, South 87 degrees 07 minutes
East about 40 feet to the high water mark of Myrtle Grove
Sound; running thence southeastwardly along the high water
mark of said Myrtle Grove Sound, about 146 feet to a point
which is South 84 degrees 06 minutes East about 342 feet from
the point of the beginning; running thence North 84 degrees 06
minutes West about 40 feet to an iron pipe, the southeastern
corner of said Tract "C"; running thence the same course,
North 84 degrees 06 minutes West 302.2 feet to the point of
the BEGINNING, containing 0.8 acres of land, more or less, and
being a portion of a tract of land conveyed in Deed Book 564
at Page 54 of the New Hanover County Registry, the same also
being Tract "C" according to the aforementioned Spencer-Farlow
map, together with the land lying between said Tract "C" and
the high water mark of Myrtle Grove Sound.
RETURNED T06.,a,
ee(F -7 3,V 3a
ff-x 68-a

STATE OF NORTH,CAROIJ NA
Department of Fstvironih&4- ieallff'& Natural Resources
Coa '-ResoiircesComtmssion APR 2 8 19997.
tyt
�'`"It DIVISI fNN c 3t- 53
Ski Vft lt%COASTAL MAWAGEMENT
■ ! N 5n
V;lit t7 C7 'I {
_ Major Developmentman Area of•EnPi'mnmental Concern
pursuant to NCGS 113A 718
X Excavation and/or filling piiistiant to NCGS 113-229
development in New Hanover County at Myrtle Grove Sound. immed. South of Snows Cut
, as requested in the permittee's application dated V7196 including attached work Plan drawmz s
ssued on — 3 — R' 1 is subject to compliance with the application (where consistent
tit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
a fine, imprisonment or civil action; or may cause the permit to be null and void.
This permit amendment authorizes, in addition to the,upland residential development, the marina
rdevelopment for which review under the North Carolina Environmental Policy Act concluded on
€. January 13, 1997.
Marina Basin Excavation
In order to protect juvenile shrimp and finfish populations, no excavation or filling will be permitted
between April 1 and September 30 of any year without the prior approval of the Division of Coastal
,,Management, in consultation with the Division of Marine Fisheries.
(See attached sheet for Additional Conditions)
t_action may be appealed by the pemrittee or
td persons within twenty (20) days of the
An appeal requires resolution prior to work
gntinuance, as the case may be.
it must be accessible on -site to Department
ien the project is inspected for compliance.
ttenance work or project modification not
Isnderrequires further Departmental approval.
the permit expires on
U.LIS permit, the State of North Carolina agrees
'oject is consistent with the North Carolina
LIgement Program.
Signed by the authority of the Secretary of DEHNR and the
Chairman of the Coastal Resources Commission.
Roger N. hecter, Director
ivision of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permruee

F
Townhouses it #168-96 I I
a 72 qNM 2 8 1999
DwISi()ni OF
ADDITIONAL CONDITIONS COASTAL MANAGEMENT
n shall not be conducted any closer than 10' from the waterward edge of the coastal marsh.
--s:2tion will not exceed 6 feet below the mean low water (IvEW) elevation.
will be excavated and/or filled ............. _ ....
�,h grass .:. ...
6) iy tanporary placement or double -handling of excavated or fill materials within waters or
m d wetlands is not authorized.
7) All excavated materials will be confined above mean high water and landward of regularly or
z—gIady flooded marsh behind adequate dikes or other retaining structures to prevent spillover of
mi;& into any marsh or surrounding waters.
3j disposal area effluent will be contained by pipe, trough, or similar device to a point at or beyond
da m:an low water level to prevent gully erosion and unnecessary siltation.
9) Iee terminal end of the pipeline will be positioned at or greater than fifty feet (50D from any part
of the dike and a maximum distance from spillways to allow settlement of suspended solids.
10) A mmater control structure will be installed at the intake end of the effluent pipe to assure compliance
Rater quality standards.
11) =e diked disposal area will be constructed a sufficient distance from the mean high water level or
f mmarsh to eliminate the possibility of dike erosion into or upon any marsh or surrounding waters.
12) -she activity will be conducted in such a manner as to prevent a significant increase in turbidity
cutside the area of construction or construction -related discharge. Increases such that the turbidity
the water body is 25 NTUs or less are not considered significant
The Division of Water Quality approved the excavation aspect of the project on October 29,-
1996 under General Water Quality Certification No. 3025.
ck Construction and Marina Onerati
:or to Corstructioa of new docks, an- e e must be approved by the State rroperry vmnce,-
'-'t of Administration (telephone: 919n33-4346).
:El strictures must be built a minimum of eighty (80) feet from the near edge of the Atlantic
.uacoastal Waterway (AIWW).
PIORP_- =

Townhouses
ADDITIONAL CONDITIONS
111
Permit 916W?? 8 1999
Page 3 of 4
DIVISION, OF
COASTAL MAI AGEMEN 1 53
54
any new slips authorized by this permit, the permittee will install and maintain
.ct, a pump -out facility to service boats with holding tanks. 1 55
in will display a sign showing the location of the onsite pumpout facility, including other
Fpropriate waste disposal information, at the entrance and exit from the main pier.
''o sewage, whether treated or untreated, shall be discharged at any time from boats using the
_anna. Any sewage discharge at the marina shall be considered a violation of this permit for which
permittee is responsible. This prohibition shall be applied and enforced throughout the entire
xistence of the permitted structure.
lus permit authorizes only the docks, piers, and other structures and uses located in or over the
.:._ter that are expressly and specifically set forth in the permit application. No other structures,
::nether floating or stationary, may become a permanent part of this marina without permit
--;edification. No non -water dependent uses of structures may be conducted on, in, or over public
rest waters without permit modification.
No attempt will be made by the permittee to prevent the full and free use by the public of all
navigable water 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.
7.: possible that the authorized structure maybe damaged by wavewash from passing vessels. The
Issuance of this permit does not relieve the permittee from taking all proper steps to ensure the
u+tegrity of the permitted structure and the safety of moored boats. The permittee will not hold the
United States liable for any such damage.
'Re 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 s
:.4:0 permitted activity without having the permit transferred to a third parry.
i
Upland Development and General 4
S
:oardwalk connecting the northern docking system to the existing pier to the south must be
;A over open water. {
S
Division of Water Quality authorized upland development on October 1, 1996 under 4
e imwater Management Permit No. SW8960805. Any violation of the stormwater management i
c:: t will be considered a violation of this CA1v1A permit f
s
rr.rr.

M
J
�" Marina Townhouses Permit #168-9
Page 4 of 4 ` 8 1999
- DIViSION C)F
ADDITIONAL CONDITIONS 'na�TAL �ntvAGEMENT
cad construction or repair will take place landward of wetlands.
w 'y� �l bulkh
tiYe residential project will be carried out in keeping with all local state building codes and
2* r��Itians. ,
if the permittee discovers any previously unknown historic or archaeological remains while
..c mrlishing the authorized work, he will immediately notify the Wilmington District Engineer
ho wiJ initiate the required State/Federal coordination.
An Erosion and Sedimentation Control Plan will be required for this project. This plan
must be filed at least thirty (30) days prior to the beginning of any land -disturbing
activity. Submit this plan to the Dept. of Environment, Health and Natural Resources,
Land Quality Section, 127 Cardinal Drive Extension, Wilmington, NC 28405.
53
54

• D ��ri J�l"4�n
1� 168-9
STATE OF NORTH CAROLINA APR 2 8 1999
Department of Environment; Health & Natural Resources
and DIV1_gioNf (-,c
Coastal Resources Commission COASTAL MANAGEMENT
�P�11ttt-
r for
X Major Development in an Area of Environmental Concern
,.r pursuant to NCGS 113A-1 18
_ Excavation and/or filling pursuant to NCGS 113-229
Y°
Cut Marina Townhouses, c% Northcrest Investment Co. 8113 Canal Dr., Catalina Beach NC 28428
development in New Hanover County at MvAe Grove Sotrnd immed south of Snows Cut
as requested in the permitteds application dated 9/7196 including attached workplan
t; issued on � S' — ��— qlo is subject to compliance with the application (where consistent
nnit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
e
to a fine, imprisonment or civil action; or may cause the permit to be null and void_
Upland Development Authorization
all reference to new marina dock construction, marina basin excavation and other marina
s is hereby deleted. Authorization is not provided for these activities unless this permit is
of Water Quality authorized upland development on October 1, 1996 under Storm-
rnent PermitNo. SW8960805. Any violation of the stotmwater management permit
a violation of this CAMA permit.
construction or repair will take place landward of wetlands.
attached sheet for Additional
t ay be appealed by the petmittee or
ar: s within twenty (20) days of the
'. requires resolution prior to work
rice, as the case may be.
e accessible on -site to Department
r nject is inspected for compliance.
c wore or project modification not
brims funherDeparunental approval.
aswhen the permit expires on
Signed by the authority of the Secretary of DEHNR and the
Chairman of the Coastal Resources Commission.
4=�:4
Roger N. Schecter, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
State of North Carolina agrt es
[ent;.w th the North Carolina
Si ature of Permittec

Permit 9168-96
Marina Townhouses page 2 of 2
ADDITIONAL CONDITIONS 2 8 1999
residential project will be carried out in keeping with all local state building codes and •�HuEf�E
the permittee discovers any previously unlmown bistoric or arcbaeologioal remains while
complishing 1l a authorized work, he will immediately notify the Wilmington District Engineer
,ho will initiate the required StateRederal coordination.
An Erosion and Sedimentation Control Plan will be required for this project. This plan
must be filed at least thirty (30) days prior to the beginning of any land -disturbing
f Environment Health and NCt 28 OSesources,
activity. Submit this plan to the Dept. o
Land Quality Section,127 Cardinal Drive Extension, Wilmington,
53
r