99-01 Minor Mod. 07/2024 MM Southport LLC

Permit Class Permit Number
MODIFICATION/MINOR 99-01
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Permit
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 MM Southport LLC c/o Eric King, 606 W. West Street, Southport, NC 28461
Authorizing development in Brunswick County at marina basin of AIW W, Southport Marina
606 W. West St., in Southport , as requested in the permittee's letter dated 6/5/24, including the
attached workplan drawing (2) Sheet 1-2 of 2 dated "received 6/3/24".
This permit, issued on July 3,2024 , is subject to compliance with the application(where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
Access Pier and Kayak Launch
1) Unless specifically altered herein, this Minor Modification authorizes the kayak launch, pier and
other associated structures and uses located in or over the water, all as expressly and specifically set
forth in the attached letter and workplan drawings. Any additional development activities may
require a modification of this permit. [07J .0202(c); 07H .0209; G.S. 113-229(b)]
2) This permit does not authorize any new formalized boat slips. [07J .0202(c)]
(See attached sheet for additional conditions)
This permit action may be appealed by the permittee or other Signed by the authority of the Secretary of DEQ and the Chair
qualified persons within twenty(20)days of the issuing date. of the Coastal Resources Commission.
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 For Tancred Miller, Director
hereunder requires further Division approval.
Division of Coastal Management
All work must cease when the permit expires on This permit and its conditions are hereby accepted.
December 31, 2027
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program. Signature of Permittee

MM Southport LLC Permit No. 99-01
Page 2 of 2
ADDITIONAL CONDITIONS
3) No portion of the authorized kayak launch facility, including tie piles, shall extend more than one
quarter of the width of the water body. Measurements to determine width of the water body shall be
made from the normal high-water line or the waterward edge of any coastal wetland vegetation which
borders the water body, whichever is more restrictive. [07H .0208(b)(6)(G)]
Upland Development
4) Unless specifically altered herein,this permit authorizes the grading and other land disturbing activities
associated with the development of the above referenced property, including the decorative steel fence
and picnic area, all as expressly and specifically set forth in the attached permit application and
workplan drawings. [07J .0202(c); 07H .0209(d)]
Sedimentation and Erosion Control
5) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters. [07H .0209(d)(4); G.S. 113A-102(a); 07H .0207; 07H .0208]
6) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses or properties. [07H
.0209(d)(4); G.S. 113A-102(a); 07H .0207; 07H .0208]
General
7) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation. [07J .0209(a)]
8) All conditions and stipulations of the active permit remain in force unless specifically altered herein.
[07J.0209(a)]
NOTE: This Minor Modification shall be attached to the original Permit No. 99-01, which was issued to
the permittee on 8/13/01, as well as all subsequent modifications, refinements, and renewals, and
copies of all documents must be readily available on site when Division personnel inspect the
project for compliance.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: The U.S. Army Corps of Engineers assigned the project Action ID SAW-2001-00941.
NOTE: The Division of Water Resources assigned the proposed project DWR Project No. 20061040v5
NOTE: A minor modification application processing fee of$100 was received by DCM for this project.

oF�r STATE,,
ROY COOPER n
Governor
u - o
ELIZABETH S.BISER b a2
Secretary
TANCRED MILLER NORTH CAROLINA
Director Environmental Quality
MM Southport LLC c/o Eric King
606 W. West St.
Southport, NC 28461
The enclosed permit constitutes authorization under the Coastal Area Management Act,and
where applicable,the State Dredge and Fill Law,for you to proceed with your project proposal subject to
the conditions shown on the permit. The original(buff-colored form)is retained by you and 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 by mail or email a scanned copy to dcm.mhc.adminsadeq.nc.gov.
Signing the permit and proceeding means you have waived your right of appeal described below.
If you object to the permit or to any of its conditions,you may request a contested case hearing
pursuant to NCGS 113A-121.1 or 113-229.Your petition for a hearing must be filed in accordance with
N.C.G.S.Chapter 150B with the Office of Administrative Hearings,6714 Mail Service Center,Raleigh,
NC 27611-6714,[phone] within twenty(20)days of this decision on your permit.Information
about this process can be found at: https://www.oah.nc.aov/hearings-division.You should also be aware
that an interested party may submit an objection to the issuance of this permit within twenty(20)days
pursuant to N.C.G.S. 113A-121.1(b).
The project plan is subject to those conditions appearing on the permit form.Otherwise,all work
must be carried out in accordance with your application. Modifications,time extensions,and future
maintenance requires additional approval.Please read your permit carefully prior to starting work and
review all project plans,as approved.If you are having the work done by a contractor, it would be to your
benefit to be sure that they fully understand all permit requirements. To facilitate this,we request that
you contact your DCM Field Representative via email just prior to work initiation. Your field
representative contact information tara.macphersonPdeq.nc.gov
Department personnel will visit the project site to ensure compliance with this permit.If
questions arise concerning permit conditions,environmental safeguards,or problem areas,you may
contact Department personnel at any time for assistance.By working in accordance with the permit,you
will be helping to protect our vitally important coastal resources.
Sincerely,
Jonathan Howell
Regulatory Section Chief
N.C.Division of Coastal Management
D E Q North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Morehead City,North Carolina 28557
ouua �'
252.515.5400

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2001-00941 County: Brunswick County U.S.G.S. Quad: Southport
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Eric King
MM Southport, LLC
Address: 606 W. West Street
Southport, NC 28461
Telephone Number: 910-457-9900
Size (acres) Nearest Town Southport
Nearest Waterway Cottage Creek River Basin Cape Fear
USGS HUC 03030005 Coordinates Latitude: 33.91728 Longitude: -78.02421
Location description: The site is located in Cottage Creek and adjacent coastal wetlands at 606
W. West Street, Southport, Brunswick County, North Carolina.
Description of project area and activity: The proposal is to construct an approximately 6 feet by
168 feet pier, which will be constructed adjacent to an existing parking area and will extend
into Cottage Creek. The pier will terminate at an approximately 10 feet by 8 feet kayak launch
running parallel to the shoreline.
Please note, a Coastal Area Management Act (CAMA) permit authorization must
be obtained from the North Carolina Division of Coastal Management (DCM) prior
to commencing any work on this project.
Applicable Law: ❑ Section 404 (Clean Water Act, 33 USC 1344).
® Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number: 197800056
Special Condition: In order to further protect the endangered West Indian Manatee, Trichechus
manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee
Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at
http://www.fws.gov/nc-es/mammal/manatee_guidelines.p
SEE ATTACHED RGP GENERAL AND SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict
accordance with the attached conditions and your submitted application and attached
information and drawings dated January 24, May 24 and June 3, 2024. Any violation of the
attached conditions or deviation from your submitted plans may subject the permittee to a
stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal
action.

This verification will remain valid until the expiration date identified below unless the nationwide
and/or regional general permit authorization is modified, suspended or revoked. If, prior to the
expiration date identified below, the nationwide and/or regional general permit authorization is
reissued and/or modified, this verification will remain valid until the expiration date identified below,
provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or
regional general permit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the terms and conditions of the nationwide permit, activities
which have commenced (i.e., are under construction) or are under contract to commence in reliance
upon the nationwide and/or regional general permit, will remain authorized provided the activity is
completed within twelve months of the date of the nationwide and/or regional general permit's
expiration, modification or revocation, unless discretionary authority has been exercised on a case-
by-case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401
Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-
807-6300) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area
Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal
Management in Wilmington, NC, at [phone].
This Department of the Army verification does not relieve the permittee of the responsibility to obtain
any other required Federal, State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps
of Engineers regulatory program, please contact Gregory Currey at (910) 523-1151 or
Gregory.E.Currey(cDusace.army.mil.
CU RREY.G REGORY Digitally signed by
CURREY.G REGORY.EUGEN E.105
.EUGENE.1051011 1011950
024.06.1812:30:11
Corps Regulatory Official: 950 04,00' Date: June 18, 2024
Expiration Date of Verification: December 31, 2026
The Wilmington District is committed to providing the highest level of support to the public. To help
us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at
https://regulatory.ops.usace.army.mil/customer-service-survey/
Copies furnished by email:
Cameron Luck (NC DCM)
Amanda Cannon (NC DCM)
Michael Meilinger (NC DWR)

Action ID Number: SAW-2001-00941 County: Brunswick County
Permittee: Eric King
MM Southport LLC
Project Name: Cottage Creek Pier and Kayak Launch
Date Verification Issued: June 18, 2024
Project Manager: Gregory Currey
Upon completion of the activity authorized by this permit and any mitigation required by the
permit, sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: Gregory Currey
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army
Corps of Engineers representative. Failure to comply with any terms or conditions of this
authorization may result in the Corps suspending, modifying or revoking the authorization
and/or issuing a Class I administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed
in accordance with the terms and condition of the said permit, and required mitigation was
completed in accordance with the permit conditions.
Signature of Permittee Date

I►. 0
Parks and Recreation Dept.
MEMORANDUM
Kayak Launch — Project Narrative
The City of Southport, in partnership with Morningstar Marina, proposes to construct its first Kayak launch.The
Kayak launch will be built on an easement granted to the City of Southport by Southport Marina, Inc. The
easement is across property currently owned by Morningstar Marina, situated at the west end of West West
Street (on the previously abandoned Southport wastewater treatment plant).The launch will be approximately
170' in length and consist of a 6' wide boardwalk, a sundeck, and a floating kayak launch dock with handrails.
The proposed facility will be constructed to allow the user to enter and launch the kayak with relative ease. it
will incorporate elements to support and hold the vessel steady in the loading area, as well as handrails near
the water. All are proposed to be ADA accessible. The kayak launch will located on Cottage Creek near its
confluence with the Intracoastal Waterway, and the Cape Fear River. All work on the launch will occur outside
of the 15' buffer to the adjacent property owners' riparian access lines. Properties adjacent to the launch site
are owned by Admiral Holdings, LLC and MM Southport, LLC. Adjacent uses of the property include the
Southport Marina (parking and dry storage) and a maritime forest. The City was also granted an access
easement, adjacent to the boardwalk/kayak launch area, that may be the site of a picnic area and related
amenities in the future.
RECEIVED
MAY 0 7 2024
DCM WILMINGTON, NC
[1)

®f savr9
SOUTHPORT KAYAK LAUNCH
PERMIT APPLICATION —
SUPPORTING DOCUMENTS
• Project Narrative
• Overall Site Plan
• Design Plan
• Easement Plat
• Easement Documents
• Adjacent Property Owner Notification
RECEIVED
MAY 0 7 2024
DCM WILMINGTON, NC

Luck, Cameron A
From: Meilinger, Michael J
Sent: Wednesday, July 3, 2024 9:36 AM
To: Luck, Cameron A; Menefee-Dunn, Barbara A
Cc: Pietila, Tanya K; Currey, Gregory E CIV USARMY CESAD (USA) 6
Subject: RE: CAMA Minor Modification Request: MM Southport, LLC #99-01, DWR#20061040vx
NWA
Attachments: GC4497 final.pdf
Good morning All,
In accordance with the attached General Certification#4497(GC 4497),the impacts described in your minor
modification do not require written authorization to utilize GC 4497. However,you are required to follow the
conditions listed in the attached certification.
If the conditions of the attached general water quality certification cannot be met or the project scope changes so
that the thresholds listed are exceeded, additional review will be required by the Division of Water Resources and
an Individual Water Certification may be required. The approval does not alleviate the need to comply with any
other federal, state and local requirements before proceeding with your project.
5
The Division of Water resources has assigned the project#20061040v)K. Any future DWR correspondence should
reference this project number.
Please feel free to contact me if you have any questions or need my assistance in any way.
Michael Meilinger
Environmental Specialist II
NC DEQ DWR Wilmington Regional Office
Office Phone: [phone]
'aaaaaaaa D
E_ I -
NORTH CAROLINA _�
kl ;
Department of Environmental Duality
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
From: Luck, Cameron A<[e-mail]>
Sent: Friday,June 28, 2024 12:14 PM
To: Menefee-Dunn, Barbara A<[e-mail]>; Meilinger, Michael J
<[e-mail]>
Cc: Pietila,Tanya K<[e-mail]>
Subject: FW: CAMA Minor Modification Request: MM Southport, LLC#99-01
Here is another one Barbara isn't on.Tanya, please make sure Barbara is on these as well since she enters them
into Laserfische for DWR staff.
1

d�SfATi:'y,
ROY COOPER "r
Governor
ELIZABETH S.BISER `\\.
Secretary w«
TANCRED MILLER NORTH CAROLINA
Director Environmental Quality
July 3,2024
Quinn Sweeney sent by email to jgsweeney I(a),aol.com
Admiral Holdings, LLC
Dear Mr. Sweeney,
This letter is intended to notify you of the issuance of a minor modification to CAMA Major
Permit No. 99-01 for proposed development by MM Southport, LLC, located at 606 W. West
St., in Southport,NC. The authorized project consists of the construction of an access pier and
kayak launch, decorative fence, and picnic area. The proposed project has been determined to
comply with the Coastal Area Management Act and/or State Dredge& Fill Law, and the Rules
of the Coastal Resources Commission. As such, a permit has been issued to authorize the
development. I have enclosed a copy of the permit for reference.
If you wish to contest our decision to issue this permit, you may file a request for a Third-Party
Appeal pursuant to N.C.G.S. § I I3A-121.1(b). The Chair of the Coastal Resources Commission
will consider the case and determine whether to grant your request to file a Contested Case
Hearing in the Office of Administrative Hearings. The hearing request must be filed with the
Director of the Division of Coastal Management in writing(email or hard copy)and must be
received within twenty(20)days of the disputed permit decision. More information about this
process as well as the forms are available on DCM's website, here:
https://deg.nc.gov/about/divisions/coastal-management/coastal-mana em�ent-permits/variances-
appeals
If, after reviewing the information on the website above, you have questions about the process,
please contact DCM legal counsel DEQ Asst. General Counsel Christine Goebel by email at
Christine. ogebela,d, eg nc.gov-.
Sincerely,
t!9
Cameron Luck/
Assistant Major Permits Coordinator
CC: WiRO,via email
DEQ Asst. GC Christine Goebel,via email
D E Q�� North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1400 Commerce Avenue I Morehead City,North Carolina 28557
a,P+•w• r+n �
*^w a^^ ^�+�+"r /"� 252.515.5400

Luck, Cameron A
From: Harding, Kimberlee k
Sent: Friday, June 28, 2024 1:42 PM
To: Pietila, Tanya K;WilmingtonNCREG; Currey, Gregory E CIV USARMY CESAD (USA);
Meilinger, Michael J
Cc: Luck, Cameron A; MacPherson, Tara; Cannon, Amanda J
Subject: RE: CAMA Minor Modification Request: MM Southport, LLC #99-01
No comment
From: Pietila,Tanya K<[e-mail]>
Sent:Thursday,June 6, 2024 9:46 AM
To: WilmingtonNCREG <[e-mail]>; Currey, Gregory E CIV USARMY CESAD (USA)
<[e-mail]>; Meilinger, Michael J <[e-mail]>; Harding, Kimberlee k
<Kimberlee.Hard [e-mail]>
Cc: Luck, Cameron A<[e-mail]>; MacPherson,Tara <[e-mail]>; Cannon,
Amanda J <[e-mail]>
Subject: CAMA Minor Modification Request: MM Southport, LLC#99-01
Hello all,
Please accept this request for a CAMA Minor Modification to Major Permit No. 99-01 from the above subject applicant in
Southport, Brunswick County.
Please reply to Cameron Luck before June 20, 2024 at [e-mail] with your questions, comments, or
concerns.
Thank you!
Tanya Pietila
Permit Support Specialist
NC Department of Environmental Quality
NC Division of Coastal Management
Find a Field Rep (arcgis.com)
127 Cardinal Drive Ext.
Wilmington, NC 28405
Phone: [phone]
[e-mail]
GOpSTgC 4�
NORTH C:AFlOLINA
nmxR al F rvbon�ml 0ual�
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties. gGEM N PG
1974-2024
Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized
state official.
1

ROY COOPER
Governor 7
EL"ETH S.B1SER
Secretary
TANCRED MILLER NORTH CAROLINA
Dtrecrnr Envtrottmentat Quality
MEMORANDUM
TO: Cameron Luck, DCM Major Permit Assistant Coordinator, MHC
FROM: Tara MacPherson, DCM District Manager, Wilmin
DATE: June 5,2024
SUBJECT: Permit Modification Request to State Permit No.99-01, MM Southport, LLC, 606 W.
West St, Southport, NC 28461
The City of Wilmington,acting agent for MM Southport,LLC is requesting a Minor Modification to State Permit
No. 99-01. State Permit No. 99-01 was originally issued to Southport Marina, Inc. on August 13, 2001 for
the maintenance dredging of a marina basin. The permit was last renewed on July 20, 2022 and was
subsequently transferred to MM Southport, LLC, State Permit No. 99-01 is due to expire on December 31,
2027. A CAMA Emergency General Permit was issued to Southport Marina Inc. on August 25, 2020 to re-
build the marina after it was destroyed by Hurricane Isaias.
The current proposal was submitted to DCM on May 7, 2024 with associated drawings received on May 31,
20204 and June 3, 2024. The request is for an ADA access pier and kayak launch with associated picnic
area and decorative fencing access within a City of Southport Easement on Parcel No. 237LF021 adjacent
to Cottage Creek at Morningstar Marina in Southport, NC,
The proposal consists of an approximately 6 ft. by 168 ft. pier, which would be constructed adjacent to an
existing parking area and would extend into Cottage Creek. The pier would terminate with an approximately
10 ft. long by 8 ft. wide Kayak launch running parallel to the shoreline. The creek measures approximately
25 ft.across in this area and the proposed kayak launch would not exceed '/<width of the waterbody. The
proposal also includes upland greenspace with a picnic area and an approximately 100 ft. long by 4 ft. high
decorative fence along the easement area to the north. The proposed development is within an Easement
granted to the City of Wilmington by MM Southport, LLC on April 8, 2024 (Attached).
This area is NOT designated as a Primary Nursery Area and is CLOSED to the harvest of shellfish. The
proposed pier would be located outside of the 15 ft. Riparian setback to the north. Ms. Quinn Sweeny
provided comments on behalf of Admiral Holdings on May 12, 2024 (Attached).
�� North Carolina Department of Environmental Quality I Division of Coastal Management
RE Wilmington Office 1 127 Cardinal Drive Extension I Wiimington.North Carolina 28405
ii;i�c910.7%.7215

---- ..
Permit Modification Request to State Permit No.99-01, MM Southport, LLC
Page 2 of 3
This request includes site plans labeled Easement Survey and Sheet S1 for the proposed work.The applicant
submitted a$100 check (check no.1072)on 517124 for the fee amount.
This office would have no objection to the modification of State Permit No.99-01, provided it is consistent
with all other local, state, and federal regulations.
By copy of this memo, DCM is requesting that the USACE, NC DWR and DMF provide any
comments that your agency may have on the proposed project to Cameron Luck of DCM's MHC
office within 14 days of receipt of this memo.
Enclosures -/ 1--1�'
cc: DCM-MHC USACE DWR DMF
.,- North Carolina Department of Environmental Qpalfty I Division of Coastal Management
E r7�� Wilmington Office 1 127 Cardinal Drive Extension I Wilmington,North Carolina 28405

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Parks and Recreation Dept.
MEMORANDUM
Kayak Launch — Proiect Narrative
The City of Southport, in partnership with Morningstar Marina,proposes to construct its first Kayak launch.The
Kayak launch will be built on an easement granted to the City of Southport by Southport Marina, Inc. The
easement is across property currently owned by Morningstar Marina, situated at the west end of West West
Street(on the previously abandoned Southport wastewater treatment plant).The launch will be approximately
170' in length and consist of a 6' wide boardwalk, a sundeck, and a floating kayak launch dock with handrails.
The proposed facility will be constructed to allow the user to enter and launch the kayak with relative ease. It
will incorporate elements to support and hold the vessel steady in the loading area, as well as handrails near
the water. All are proposed to be ADA accessible. The kayak launch will located on Cottage Creek near its
confluence with the Intracoastal Waterway, and the Cape Fear River. All work on the launch will occur outside
of the adjacent property owners' riparian access lines. Properties adjacent to the launch site are owned by
Admiral Holdings, LLC and MM Southport, LLC. Adjacent uses of the property include the Southport Marina
(parking and dry storage)and a maritime forest.The City was also granted an access easement,adjacent to the
boardwalk/kayak launch area,that may be the site of a picnic area and related amenities in the future.
RECEIVED
tl� MAY U 9t1?4

ADMIRAL HOLDINGS, LLC
G432 SHINN CREEK LANE
WILMINGTON, NC 28409.2153
9 fg� FAX: f 9
,JQSwECNEYJ0A01.-00M Ci;i-k- QIO 4+IiG�tQ3
May 12,2024
To-. Tara MacPherson,Tara.MacPherson@C)EQNC.gov
Eric King,£lcint;(t�mornin{(starmarinas.rAm
Re_ Ad rent Riparian Property Owner's Certification
606 W West St,Southport,NC
I read the notification as a request for'objection'or not to the proposed riparian corridor. The
drawing shows the boardwalk outside of the 15'riparian easement. As I understand this west
end of the request meets the NC DCM requirements.
I would like to raise some concerns re-guarding the east end of the easement.
1. We are glad to see the walkway no longer extends to the street because of parking and
congestion issues.
2. Are there dedicated parking places along the proposed picnic area?
3. Trash blowing into the marsh is a concern.There will be a problem with unintentional
trash blowing into the marsh from the picnic area as well as danger for the person who
has to pick it up- (These used to be a 12'gator living at the end of our drive. I have not
seen him in a while but have seen others in the creek recently.)A fence along the
property line similar to the previous one would be a suggestion.
4. How Is trash collection handled. Cans are easily blown over by the wind at that location.
Can the trash from picnic area cans be taken to the main marina collection area?
5. What is the lighting design. We do not want light spit!onto our residential property.
6- Southport's Zoning code says that a side-yard buffer needs to be planted-
7. Please provide dimensions for the east half of the easement
8. We request a 15(east to west)cross easement down the 10'access easement to get to
our drive and utilities if needed.
Thank you very much.
�160
Quinn Swe y
Admiral Hot dings,LLC
g$weeneylaaol.com,910-471-6818
PS The certified letter arrived w/the green certification sticker removed from the back- rt was
in our mail box Sat 514/24 about 6:00pm
Cc.rjtieber@admiraLcom
3

N.C.DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION11WAIVER FORD
CERTIFIED MAIL-RETURN RECEIPT REQUESTED or HAND DELNERY
f (fop portion to be completed by owner or their agent)
Name of Property owner MM Southport LLC(DBA Mort Star)and city of Southport
,, Addrns of ON W West Sout Vort.NC 28461 /J9
,(;•` AUArq prey 6W W West Southport;NC 2W1
Pam`-
,.��,�` owners emal: � R9 •�ners Phone# [phone] .
+.,T, Agents Name:NZA Ages Plaane9 N!A
Agent's Emalt NIA
�,_
ADJACENT PJPARt"PROPERTY OWNER'S CERTIRCAT10N
{Bottom ooftion Lo be candedud by the Admit Nyyt y Owcrsrf
I hereby ca6t that i awn Property adpceM to the above referenced property,The inadevidual applying for this
permit has daKrbed to me,as shown on the aftedmd drawirg,ft dereWprnert they are pmpmng.A
dmCkItm or dr Mn,soh dirra (Vig be myv_ided with the Iei f_ � T�-[i$Wj Ale/1 7 t A �
fa
1 DO NOT have obom ions to this proposal. X i DO Ifereabjeetiere ffl 111is proposal, j %7F
,n0r'JI 4;,61f t*u haw ob}ectk=to*lW is beft propos*4 you mue rxxffy Me N.0 DivWm of Coastal
Mara&'"mn(DCH)In wy ng wiQfrirr 10 maps of MOW o(Ods no8ce. Corraspond&=e should be
.L rr 7a mrr7ed to 127 Car&ral!Dive Eau.,V*Wnwbrgton, NC 28405,"4& DCU represwMadvft an also be
e p s cona cW at(910)79&721&No response to considered the same as no objer.Oiorr if you have bear
"►B i: nofifled by Car~Mein
WAIVER SECTION
I un WWandra any proposed per.dock mooring per,boat ramp,breai wm .boathouse lift,or
groin must be set back a minimum clisurroe at 15 from my area al riparian aoceas unkas waived by me
(this does not apply to bulkheads or rlprap metrxmts).(If you with to waive the sett dt,you must sign
fie appropdate b"bebw.)
I DO wish to waive somalal of the is setback
of A4mcmit Rv�wiaan DrrmM C7wnnr
-OR-
I do not wish to waive the 1 S setback rewkement fmftl the blank
Signature of Adjacent Ripanan property Owner.
TyprdlPrintad name of ARPO: }
titar"Addm"ofARM to —41 5AAN&—rAl
ARPO's 2raeal:tlGaCaL�fG7 �� ARPO's Ptrorre0: c��C 7/ (<<F(
Dist$: j� '►eiver is valid for up 1p one year from ARPO's Signature
Revised July 2021
2

ADJACENT PROPERTY OWNER
NOTIFICATION
RECEIVED
MAY U 7 2024
DCM WILMINGTON, NC

goo
Parcel Information
Parce:ID 237 -GZ"Y
Parcel PN:20?61433"'::6
Cv1c.Acreage- .'Z
Legal Description
4.7 3AC'':1'=S7STEX .
µ' Owner information E
Owner Name:
A�DT.11 AL I"aLD1NCS L
Mai ling Address:
6432 5=1\!\:;R=EK L�.
VVILI'ViNG ©N..\C28409-215?
Deed and Plat References
Ceec 3ook.02189
Dee:Pace:C753 I
. o
P15=B ok:
PIE.Page:
reN
�a
�� ;Vvt�.MINGTON, NC

N.C. DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM
CERTIFIED MAIL - RETURN RECEIPT REQUESTED or HAND DELIVERY
(Top portion to be completed by owner or their agent)
Name of Property Owner: MM Southport LLC (DBA MoringStar) and city of Southport
Address of Property: 606 W West Southport,NC 28461
Mailing Address of Owner. 606 W West Southport,NC 28461
Owner's email: eking@morningstarmarinas-C(Mner's Phone#: [phone]
Agent's Name: N/A Agent Phone#.NIA
Agent's Email: N/A
ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION
(Bottom portion to be completed by the Adiacent Property Owner)
i hereby certify that I own property adjacent to the above referenced property.The individual applying for this
permit has described to me, as shown on the attached drawing, the development they are proposing. A
description or drawing with dimensions must be provided with this letter.
I DO NOT have objections to this proposal. I DO have objections to this proposal.
If you have objections to what is being proposed, you must notify the N.C. Division of Coastal
Management(DCM) in writing within 10 days of receipt of this notice. Correspondence should be
mailed to 127 Cardinal Drive Ext., Wilmington, NC 28405-3845. DCM representatives can also be
contacted at(910) 796-7215.No response is considered the same as no objection if you have been
notified by Certified Mail.
WAIVER SECTION
i understand that any proposed pier, dock, mooring pilings, boat ramp, breakwater,boathouse, lift,or
groin must be set back a minimum distance of 15'from my area of riparian access unless waived by me
(this does not apply to bulkheads or riprap revetments). (if you wish to waive the setback, you must sign
the appropriate blank below.)
I DO wish to waive some/all of the 15'setback
-OR-
Signature of Adjacent Riparian Property Owner
I do not wish to waive the 15'setback requirement(initial the blank)
Signature of Adjacent Riparian Property Owner:
Typed/Printed name of ARPO:
Mailing Address of ARPO:
ARPO's email: ARPO's Phone#:
Date: ;waiver is valid for up to one year from ARPO's Signature*
Revised July 2021
RECEIVED
,IAY U 7 202'1
DCM WILMINGTON, NC

QSC.-.t A0C 763
zYg T R,..- 7
40
INV, U14ETYPElE6ENo
S S, FLXY vAwo2.9k WC
Permeabfeaccess
�palh +ra ka rctx=
s Floahng Dock and
ADA Compliant x
111 -Kayak Laurtch .
AM SOUTHPORT t_G
PID#237> 020
DEED BOOK 4863 ?AGE 923
ZONING: SOUTHPORT ED
/o
LL
pSOUTHPORT BOARDWALKand KAYAK LAUNCH N.T.S. A
jfRE4

tur '6f POB I
am s.
w/E
ADMIRAL HOLDINGS LLC
\ O
WE DEED'BOOK
21892PAGE 753 CMF
ZONING:SOUTNPCR'f R-10 RP
ftia
�.ALL OF ACti
OR
sounmw.NC 4s F' :57'S3'E.119.8 ...•
Nti. 1j ,rr
FA5£V N/79 4.W ACCMs EASEMENT
DM BOOK 4
�p
P pAitf ,�g52_.r=,Bl sc i -..-..
Wit 76,42'
CP /
r `°l $% IRON REBAR&,C SET
E:2 293 829.18•
Future picnic area
s ryg� POB 2 Proposed 4' N/F
decorative steel THPORT LLC
'` yxs mice 237LF021
�•x��� +�.� DEED BOOK 4863 PAGE 923
jBoardwalk ZONING: SOUTHPORT BD
N07.28'55'E 11.52 CP - '� �. - LOT AREA ±74,604 Fr
CP OR t 1.713 ACRES
yl�
Ramp and launch
pA U platform.
OTE:Shall not
O extend more than 25%
CP
nto Cottage Creek 1
channel.(8'+/-) ua j
�f
IPF
CP
J/ — '�—••-•� RECEIVED
-1
�J` DCM WILMINGTON,NC

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Mill
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7
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ON
N_ i EASEMENT SURVEY
s MM SOUTHPORT LLC WithersRavenel
to �, MD02170021 Engf—I Planners t%..y—
� - fw'MA�xF IpWxN«r eeU>aSM'K1�CY1tMM1 rvOx,hcMUUw� 11�wb,gwe�l0tih'�tTnNCSMOSItffO,lSasxn
� __._-.___ ,haxt r:FlaT�iwnrNMvaaW<sn

WON----- — . _
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'6t5' PIER PLAN VIEWC �- w w z�
( ......i'..Y-O• gyp. ...[N'IS] .... W Y��
cfl
AL-
Lam: r
DECKING LAYOUT PLAN: VIEW
EAR MING PLAN DETAILS
GENERAL STRUCTURAL HATES: 1
1 + r.. '•, �, i .' ! --_I L AIIWORRSHAtt SECOMPIETWINACWNUANCEWITMTME2DiBNORTHCAROUNA, tNCi(p Z
-_ B{ALOINGCOOEANDANYAODUIONA(PFAUUIEMENiS UEiNF IOUtBUILDWG 1
AUTHOATTIES
/ 2 ALL E18TfING50ECONDTIOMT08EVFAIFIEDPRIDRTU[ONSTAIKODN. I '� Q
B.WIFE LOAD:100 NS OR BW lB CONC LOAD. w p r^
/ ALL MATERIALS SHALL BE SUITABLE FOR USE HI ETBIOR ENVIRONMENT. ,.,yf,Iy�1AfI +'. V
5.ALL Of"AND MWNG FASTENEASSHALLBE STAINLESS STEEL Z
6 WOOD FRAMING TO BE PRESSURETREATFD 82 SYPOA BITTER 6A7' S�2R�IEQS (�( :YT
T ALL
NER L BOAROU'FTIAL BE
ETISNATE 3-FT
ABP DIAMETERS S
ALL PIER O K BOARDS SHALL O fl_N E,PA S4U E TAt THE MARSH SUBSTOAW
FORM OBESOUCATINYELLOW NNE,PNfSSURE IAFAiED ALCOROWGTOAWPA E �J,� +4
FOR MARBiE APPUCATLON.
r
DRIVELIOBEASIFSP FIEDIDEFTH HANIMEOPOUNOSAND IRFRt uN
MAY BE Pil�OTOIHE MINIMUM SPEdFlFD DEPTH BY/UtMMFA OP VIBRATORY
--.-� --_ ONLY. U
WHERE THE HEICATADMIHE.MUD UNE EMLEEDf 6'PRDYIDE 2l80/AGDENI FAOXGT Na:
CROSS IIRAQNG.M fA TO NLINGWITHS/ABOLT5A CkNTEA'RoC NG.
FRAMING PLANSSMOWNARk CONCEPTLLALAND MAY BE MDOINEOD.SEDONF%ACf _._....__._...,y
WE CONDITIONS.MOO''FCAf1ON5HALL BE
CODE WMPUAAT AND APPROVED BY EPei'C
THEENGINEER,
FLOATING PIER DETAIL ��
FRAMING --I AN a u r.V.
�... >w SHEET 1 OF T

...............................__.._ __-_ _.._.__.__ ,_ _ _ ___.._. ._ ........ . ... .___.__._____ .,»,,..___.._.............._.............. _ __._ _ _.._..
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In'
i^aA N!! Ti��N6fNERALTTitUfTUPoAINOTES:
l 11 sv...... :..:.i 1 All WORK EMAIL BE C0MPIETEXT IN ACCORDANCE VAIN TK 1014 NORTH"AOUNA
NUNOI K cnee Avo ANY ADDNNINAI xFnuTIFAN knly lac ux-<E wmnnkE
�-- AUtHORN'IFS.
7 AU MS11NG HTE C0ND,TWNS TO YE VERMNO PRIM TO TOEIST 0.1)[IIOH #
1.LNC If)Alk UVO ON AID O tc.LOAD
1,ALL MAI NNALS SHALL E SUITAYI.F I ON USf kI ENfENR1N imvTO MMENTAltUt ,(,<
6 WOW RA IMN�D EVRI31UAt I UAIING IfDY2 MORYFITM DIE ketEj?Jt{_
` rT
! WF�F t _ «""+.,... ,,..,, R. ALL WEN DECK BOARDS SIIMI.YF ELEVATED 3 FT ANMMT THE MMSH SUBSTRATE,ra _ C .......
Asa-.,R�YY�r.aw.... .::'.....> PTONG RMAIII YfSEN/1HE'NN YELLOW WNE•VpfltiURf 1RRAEFO ACCf.WMNfi IO bWPA LWEnxw 3
Q__� .... S _. i=«7 �r I RACR.OTO TIM:MNAMUM 51KCHWN:O OW41 BYTN MWRLN VIBRATORY �
c'- p iOA MANINf AVWKAiION. �C
D.PILRNG MAT YE DRIVEN TO RE A SAFE AF M
.... c MAY YF F� i
ONtY
-- 1.1.WMEJIE THE HElUHI AIWVE TNf MUD LINE E%CEEDEB PROVIDE 771Y UUU'ONAL
ti... CRJAINGLNSTOWUNGPTLIALtl AND
81 CENIfIIBU%1UO
11.%RE CON PLANf'MUNFANf CONCEPIL Of AND COMP IANT AIt.ND Y PIVOON by ,
SNf COGINEER .MDIREIfAEYON SHALL BE COOT COMPLIANT AND APPRUVf.0 YY
111E ENGINEER WEFP.
FLOATING Lf# �>�:7Ai�.. RECEIVED Sl
Aft
_�» SHEET 1 OF 1
MAY 3 .1 .2oza
DCM WIL.MINGTON, NC

AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION
Name of Property Owner Requesting Permit: MA L-L-c—
Mailing Address: (S oCC W w e!-z.k S, �
Phone Number: mil\o - LtS-t• Qqo v
Email Address: rC.kc^%\3k,nv,rncnt S+&.w— moci CSo ow"N,
I certify that I have authorized Ct kk v 1C- C-4- ,
Agent/Contractor
to act on my behalf, for the purpose of applying for and obtaining all CAMA permits
necessary for the following proposed development: t qKa L-qLUJC ,
at my property located at boLe w wc.S4 'S; Soy-►k�,�nr� n�C. ��S�ICi I ,
in County.
1 furthermore certify that I am authorized to grant, and do in fact grant permission to
Division of Coastal Management staff, the Local Permit Officer and their agents to enter
on the aforementioned lands in connection with evaluating information related to this
permit application.
Property Owner Information:
Signature
C kid
/ Print or Type Name
G
Title
5 1C" 12�7t
Date
This certification is valid through 6o 1 ,762-5

MacPherson, Tara
From: [e-mail]
Sent: Sunday, May 12, 2024 11:45 AM
To: MacPherson, Tara
Subject: [External] Fw: Riparian request for kayak ramp
You don't often get email from jgsweeneYI@a'ol.com Learn why this Is imnditant
CAUTION External emak Do;not click Tinis or open attachments unless verfie:, Report suspicious emails with the.Report Message;
button located on your Outlook menu baron the Home tab:" r
----- Forwarded Message -----
From:jgsweeneyl @aol.com <[e-mail]>
To: [e-mail] <[e-mail]>; [e-mail]
<[e-mail]>
Cc: RJ Lieber<[e-mail]>
Sent: Sunday, May 12, 2024 at 11:41:47 AM EDT
Subject: Riparian request for kayak ramp
I have several questions regarding the
kayak launch, east end, and have enclosed them in an attached letter.
Eric, could we possibly meet on Tuesday, sometime afterl lam. to discuss this.
Thank you.
Quinn Sweeney
Admiral Holdings, LLC
i

C�',�t7
Permit Class Permit Number
TRANSFER/ 99-01 #
RENEWAL/ STATE OF NORTH CAROLINA
MAINTENANCE-5 Department of Environmental Quality
and RECEIVED
Coastal Resources Commission
� ULM MAY U 7 2024
for DCM WILMINGTON, NC
X Major Development in an Area of Environmental Concern
pursuant to NCGS I I3A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to MM Southport LLC c/o Eric King, 606 W West Street Southport,NC 28461 $
Authorizing development in Brunswick County at marina basin of AIWW Southport Marina
606 W. West St. Southport ,as requested in the permittee's letters dated"Received June 17,
2022".
4
This permit, issued on July 20,2022 is subject to compliance with the application (where
consistent with the permit),all applicable regulations, special conditions and notes set forth below.Any violation $
of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
1) This Transfer/Renewal must be attached to copies of the following permit documents, which includes
all application forms and workplan drawings:
a. The New Permit 99-01 issued on 8/13/01;
b. The Major Modifications issued 9/20/06, 12/02/08, 11/14/19;
c. The Renewal issued on 6/14/15;
d. The Minor Modifications issued on 12/19/18,3/06/20, 9/02/21
e
(See attached sheet for Additional
onal Conditions)
A
4
This permit action may be appealed by the permittee or other Signed by the authority of the Secretary of DEQ and the Chair
qualified persons within twenty(20)days of the issuing date. of the Coastal Resources Commission.
This permit must be accessible on-site to Department J ,/
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered /
hereunder requires further Division approval. For Braxton C. Davis, Director
All work must cease when the permit expires on Division of Coastal Management
This permit and its conditions are hereby accepted.
December 31,2027
e
s
In issuing this permit,the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
Signature of Permittee �
O

MM Southport LLC Permit No. 99-01
Page 2 of 2 s
x
x
ADDITIONAL CONDITIONS
2) Copies of all referenced documents shall be readily available on site when a Division representative
inspects the project for compliance. In accepting this transfer,the new permittee agrees that all conditions
and stipulations of the active permit remain in force. d
O
e
d
d
Maintenance Clause $
3) The Division of Coastal Management shall be notified in writing at least two(2)weeks in advance of any
maintenance work authorized by this permit, and such notification shall include:
A. The number of the original permit.
$ B. A statement that no dimensional changes are proposed.
C, A copy of the original permit plans with cross-hatching indicating the area to be maintained,the J
area to be used for spoil disposal, and the estimated amount of material to be removed. The
x location,design and holding capacity of the spoil disposal site shall be approved by a representative
of the Division prior to the initiation of any maintenance dredging activities.
D. The date of map revision and the permittee's signature shown anew on the original plan.
NOTE: The U.S.Army Corps of Engineers has assigned the proposed project Action Id: SAW-2012-
00408
NOTE: The N.C.Division of Water Resources has assigned the proposed project DWR Project No.
2006-1040 v4.
NOTE: A transfer and renewal application processing fee of$200 was received by DCM for this project.
d
adfQ 6
$d
d
d
O
x
RECEIVED
MAY 0 7 2024
DCM WILMINGTON, NC

MacPherson, Tara
From: MacPherson, Tara
Sent: Friday, May 10, 2024 11:51 AM
To: Bob Jarvis
Cc: [e-mail]; Heather Hemphill
Subject: RE: [External] Southport Kayak Launch
Hi All,
The City submitted the Minor CAMA Application, but this is a minor modification request to a Major
Permit. I can just omit the forms.
Please address the following:
1. With the easement being 10 ft. wide you are limited to 80 sq. ft. pf platform. Please update the
application to meet that threshold. You cannot have anything wider than 6 ft. over Coastal
Wetlands so the landward platform will have to be reduced to 6 ft. wide.
f2. Please provide an agent form from Morning star Marina.
/3. Please provide verification for the use of the easement. The easement document is for a
pedestrian access and does not state that it is for a water dependent use or a kayak
launch. You are going to need to specify and provide something from Morningstar on that use.
/4. Please provide a statement or cross section showing that all pier deck boards will be elevated
3 ft. above the marsh substrate.
5. Please provide a north arrow, scale bar and legend for each drawing 1 of 2 and 2 of 2.
/ 6. Please provide a larger cross section drawing with clear dimensions to scale with scale bar.
7 Please provide clearly labelled dimensions on the overview drawing along with scale bar.
8. larify the intent of the submitted draft easement that is not dated or recorded between the
City of Southport and Morningstar marina, do you have a signed copy or was this a draft?
Thanks,
Tara
Tara MacPherson
Wilmington Region District Manager
North Carolina Division of Coastal Management
Department of Environmental Quality
910 796-7266 office
tara.macpherson(d,)deg.nc.gov
127 Cardinal Drive Ext
i

e4-19-2024
itlll�llll II1 itll Nlllil IIIIIII II III B5165 P 1275 14:07:19-003
Brenda . Clemmons PROP
Brunswick County, NC Register of Deeds page I of 12
C�I-ype ATt&, i:
Return to, City of Southport
c/o City Manager of
1029 N.Howe St. by oKgiaai
Southport,NC 28461 rA ,,ae re.produced or copied
Prepared by: Brady N.Herman
The Brough Law Firm,PLLC
(Prepared without Benefit of Title Examination]
NORTH CAROLINA
BRUNSWICK COUNTY ACCESS EASEMENT AGREEMENT
THIS ACCESS EASEMENT AGREEMENT(this"Agreement"),made and entered into
this t_day of AD ri 1 2024, by and between MM SOUTHPORT, LLC, a Delaware
limited liability company (-Grantor,), and the CITY OF SOUTHPORT, a North Carolina
municipal corporation("Grantee ) (hereafter sometimes collectively referred to as the"Parties'
RECITALS:
WHEREAS, Grantor is the fee simple owner of the real property consisting of
approximately 2.672 acres, more or less, located in the City of Southport, Brunswick County,
North Carolina, identified as Brunswick County Parcel Number 237LF021 and being more fully
described in that deed recorded in the Brunswick County Registry at Deed Book 4863, Page 923
(the"Property"); and
WHEREAS, Grantee is the municipal corporation in which the Property is located; and
WHEREAS,Grantor's predecessor-in-interest previously entered into an access easement
agreement with Grantee("First Access Easement Agreement")recorded in the Brunswick County
Registry at Deed Book 4284, Page 890, conveying Grantee an access easement over the Property
as depicted as "Exhibit A" on the attached "Exhibit I Survey Plat prepared by WitherRavenel
("Survey Plat") recorded in the Brunswick County Registry at Map Cabinet 154, Page 76, and
being more fully described in the attached "Exhibit A' ("First Access Easement Area") for the

04 19 2gM
{IIII{IIIIIIIIIIIIIIIIIII IIIIIIIIIIII B5�s5 Plzr6m�15-19 ROP
Brunswick County, NC Register of Deeds page 2 of 12
purpose of constructing a public walkway for pedestrian ingress and egress access to and from
Cottage Creek and West West Street; and
WHEREAS, Grantee has requested from Grantor to relocate a portion of the First Access
Easement Area to another area over the Property, and Grantor has agreed to grant a new"Access
Easement" (as defined in Section 1 below) across that certain area of the Property more fully
described in the attached"Exhibit B"(the"Access Easement Area")with a depiction of the Access
Easement Area shown as "Exhibit D" on the attached "Exhibit 1" Survey Plat, both "Exhibit 1"
and"Exhibit B"are attached hereto and incorporated herein by reference;and
WHEREAS, the Parties intend for the Access Easement Area provided for herein to
provide convenient, perpetual and uninterrupted public access to Cottage Creek from West West
Street and for use by the public as a kayak launch, observation deck, public viewing area and
similar public uses (the "Access Easement Improvements") allowed by the North Carolina
Department of Environmental Quality ("NCDEQ") and other regulatory agencies having
regulatory jurisdiction; and
WHEREAS, Grantor and Grantee desire to enter into this Agreement upon the same or
substantially the same terms set forth in the First Access Easement Agreement for the purpose of
granting the Access Easement to the relocated Access Easement Area for the benefit of the public
as more particularly described hereinafter; and
NOW THEREFORE, for and in consideration of the premises and the benefits to be
derived by Grantor and Grantee and every subsequent "Owner" (which, for purposes hereof,shall
mean the record owner, whether one or more persons or entities,of a fee simple or equitable title
to any portion of the Property, along with such record owner's tenants,but shall not include those
holding title merely as security for the perfolmance of an obligation), their heirs, successors,
successors- in-title and assigns, and incorporating the foregoing recital of facts, Grantor and
Grantee hereby agree as follows:
i. Grant of Access Easement to Grantee. Grantor does hereby create, convey, and
grant to Grantee,for the benefit of the public,a non-exclusive,perpetual easement on, over,across,
and through the Access Easement Area for the purpose of constructing a public walkway for
pedestrian access to and ingress and egress to and from Cottage Creek and West West Street (the
"Access Easement"). Said easement shall be used for said purpose by the public.Any subsequent
use of the Property shall not be allowed to change, alter, or diminish the public's right to the use
and enjoyment of said easement.
2. Construction of the Access Easement. Grantee hereby agrees that it shall construct
the public access walkway within the Access Easement area connecting to Cottage Creek. In
furtherance of the construction obligations of Grantee set forth in this paragraph, Grantor does
hereby grant, bargain and convey to Grantee a non-exclusive, temporary construction easement
over, across, upon and under those portions of the Property that are reasonably necessary for
Grantee to access in order to construct the Access Easement improvements. The temporary
construction easement shall terminate upon completion of all construction on the Access Easement

illlillilil IIIIIllillll IIIIIIIIlIII B51s� �R71 PRW
.003
Brunswick County, NC Register of Deeds page 3 of 12
Area. Grantee acknowledges that all improvements within this area must comply with the N.C.
Division of Coastal Management ("DCM") rules and regulations, and applicable CAMA
guidelines. Grantee further acknowledges that it must obtain permits for the improvements from
DCM and Grantor agrees to cooperate with and assist Grantee in the acquisition of all necessary
permits applicable to said improvements.
3. Maintenance of the Access Easement Area. Commencing with the date of this
Agreement,Grantee shall be solely responsible for maintaining and repairing the Access Easement
Area so as to keep the access easement area open, safe, and useable for pedestrian traffic, and to
maintain a clean,first-class appearance. The Parties shall cooperate reasonably, diligently,and in
good faith to cause the Access Easement Area to be properly used and to be kept in good working
order at all times. Notwithstanding the foregoing, Grantee shall have no obligation to repair or
maintain any portion of the Access Easement Area damaged by the willful, intentional,or grossly
negligent acts of the Grantor, or its tenants, lessees, or licensees.
4. Obstructions: No Further Rights.
a. Except as expressly allowed herein, each Party agrees that it shall not (i) use or
permit the Access Easement Area to be used for parking, (ii)erect any barriers or curbs within
the Access Easement Area; (iii) change, relocate, redirect or eliminate access or accessways
within the Access Easement Area unless contemplated somewhere in this Agreement;(iv)use
or permit the Access Easement Area as a means of ingress and egress for construction
equipment, heavy machinery, from/agricultural equipment, or tractors; (v) use or permit the
Access Easement Area for deliveries to or pickups from the Property by semi-tractor trailer
trucks or any other trucks with more than two (2) axles; or (vi) implement any rules or
regulations which interfere with ingress and egress through the Access Easement Area.
b. The easement rights granted above are limited to the use of the easement area
specifically described only,and solely in the manner and for the purposes herein set forth,and
shall not include or be deemed to include any right to utilize other portions of the Property
outside of the easement areas described, for any purpose, including without limitation,
pm'king-
5. Manner of Performing_Work. Whenever Grantee shall perform any construction,
maintenance, repairs or replacements on the Access Easement Area or as otherwise permitted
herein, such work shall be done expeditiously and in a good and workmanlike manner and in
accordance with all applicable laws, codes, rules, statutes and regulations of governmental
authorities having jurisdiction thereof. Such work shall be carried out in such manner so as to cause
the least amount of disruption to any business operations being conducted on the Property as is
reasonably practicable.
6. Extent of Liability. Notwithstanding any other provision contained in this
Agreement to the contrary, Grantor and Grantee hereby expressly agree that the obligations and

llllll IIIII II l lilt Ills III IIIlI till�I I�i� Piz?$m ns-92PR0
Brunswick County, NC Register of Deeds page 4 of 12
liability of each of them shall be limited solely to such party's interest in the Property and Access
Easement Area, as such interest is constituted from time to time. Grantor and Grantee agree that
any claim against a party hereto shall be confined to and satisfied only out of, and only to the
extent of, such parry's interest in the Property or Access Easement Area, as such interest is
constituted from time to time. Nothing contained in this paragraph shall limit or affect any right
that any party might otherwise have to seek or to obtain injunctive relief or to specifically enforce
the rights and agreements herein set forth, provided that such injunctive relief or specific
performance does not involve the payment of money from a source other than such parry's interest
in the Property or Access Easement Area, as such interest may be constituted from time to time.
7. Captions: Severability. The captions of each section of this Agreement are inserted
for convenience only and shall not be construed as defining, limiting, extending or otherwise
modifying or adding to the substance of the particular Section to which they refer. If any section,
subsection,paragraph,sentence,clause or phrase of this Agreement shall be or become illegal,null
or void for any reason or shall be held by any court of competent jurisdiction to be illegal,null or
void, the remaining sections, subsections, paragraphs, sentences, clauses and phrases,
nevertheless, will continue to remain in full force and effect.
8. Consent of Secured Party. The Parties represent and warrant that there are no
security interests affecting the Tracts. It is the intent of the Parties hereto that the restrictions in
this Agreement shall be prior and superior to the title, lien and encumbrance of any and all
mortgages, security agreements, leases and all other interests in and encumbrances upon the
property burdened by said restrictions.
9. No Third-Party Beneficiaries. Nothing in this Agreement, express or implied, is
intended to confer upon any person or entity, other than the express parties hereto and their
successors,tenants or assigns any rights or remedies under or by reason of this Agreement.
10, Dispute Costs. If any dispute shall arise between the parties with respect to this
Agreement, the prevailing party shall be reimbursed by the other for any and all reasonable costs
incurred as a result of said dispute,including but not limited to,attorneys'fees at both the trial and
appellate levels.
11. Entire Agreement. This Agreement constitutes the entire agreement of the parties
with respect to the subject matter hereof and supersedes any and all related provisions in any prior
agreements.
12. Amendments. No amendment to this Agreement shall be binding on any Party,
unless in writing, duly executed by both parties hereto, with the same degree of formality as this
Agreement.

II II IIll pQ '� �e 00 19 2020
Register
87�V�rl of d��i�1 page
�S 12ROT
Brunswick County, NC
13. Counterparts. This Agreement may be executed in multiple counterparts, each of
which shall be deemed an original, and counterpart signature pages may be assembled to form a
single original document.
14. Nature of Easements. The easements, rights, obligations, covenants and privileges
herein granted and established are intended to and do benefit and burden the Property, shall run
with and be appurtenant to the title to the Property,perpetually to the extent provided by law, and
shall benefit the Grantee and the public.
15. Governing Law. This Agreement shall be construed in accordance with the laws of
the State of North Carolina, or any applicable political subdivision hereof, without regard to
principles of conflict of laws.
16. Marketable Title Act. It is the intention of the Parties that this Agreement exist and
continue until terminated as provided herein, and that it constitute an exception to any automatic
termination or expiration provision that might be applicable under the Real Property Marketable
Title Act as contained in Chapter 47B of the North Carolina General Statutes, or under any
successor or replacement statute or any other legal requirement that would or could terminate this
Agreement other than in the matter provided for termination herein. Accordingly, any Owner, in
its discretion, may re-record this Agreement or some other memorandum or other notice hereof in
the Brunswick County Registry of Deeds in order to continue this Agreement in full force and
effect and/or to qualify this Agreement as an exception to any such automatic termination or
expiration provision of the Real Property Marketable Title Act.
[This Space is Intentionally Left Blank--Signatures Continue on the Following Page]

IIIIIIIIIIIIIIIIIIIlIIIIIIIIIIIIIIIII rend M. Cl mmons_Z�PROP
Brunswick County, NC Register of Deeds page 6 of 12
COUNTERPART SIGNATURE PAGE
IN WITNESS WHEREOF,the undersigned Grantor has set its hand and seal on the
day,month,and year first above written.
"Grantor"
MM SO=ORT,LLC, a
Delaware limited Iiability company
By: �.� J — (SEAL)
e Gtezccz
(name/title)
NORTH CAROLINA
COUNTY OF �
1, ICI i 1 J L. -CZgK , a Notary Public of said county and state do hereby
certify th t the following person personally appeared before me and acknowledge to me that
(Akste)( 6r CaffeC voluntarily signed the foregoing document for the purpose stated
thereon d in the capacity indicated: of MM Southport,LLC.
Witness my hand and official seal this the_ day of 20 a�q
My commission Expires: — 74
Notary Pub c ,,7,--"�— 6�1
m gobc�rak
Meb�tCounty
I-MIComMIWW res

IIII IIIIIII II I IIII IIIIIII IIII I I�I III ftL M. Cle;mons OP
:9z
Brunswick County, NC Register of Deeds page 7 of 12
COUNTERPART SIGNATURE PAGE
IN WITNESS WHEREOF,the undersigned Grantee has set its hand and seal on the
day,month, and year first above written.
"Grantee"
SOUTy THE CITY OF SOUTHPORT, a
`•�.•0F A.,��
--1 , ••.:4,Q•; North Carolina municipal
Ci r•OpPOR4
SEAL : By:
N'
• (SEAL)
•
�0'�, • l792.•�•,� •� Richard Alt,City Mayor
ATTEST.
[SEAL] By:
Dorothy Du on, City Clerk
NORTH CAROLINA
COUNTY OF 9( 44 n 5 LA 16IG
I, Tan-4 a S k-aK"V) , a Notary Public of said county and state do hereby
certify that Sarah Thomas is known to me as City Clerk of the City of Southport;that she personally
appeared before me this date; and, that by authority duly given,and as the act of the said City of
Southport, the foregoing instrument was signed in its name by its Mayor, sealed with its corporate
seal,and attested by herself as its clerk.
Witness my hand and official seal this the I day of p r li , 201
My commission Expires:T-6tua�,!j T11 1926 -(Z t A_ C.r)nON
Notary Public
NC+T�aCOlJN1YC�Y101aM
�_::.;J My Camtnkalon D�M'M i'iEi�Ml�•.3C�

IIIIIIIIIII illy III��ulll I��11 I� I'll Benda M� Clemmons 14:07il9.003 v
Brunswick County, NC Register of Deeds page 6 of 12
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GOVERNMENT AGENCY FOR COMPLIANCE WITH ANY APPLICABLE LAND DEVELOPMENTREGULA IONS AND HAS NOT 13EEN REVIEWED
FOR COMPLIANCE WITH RECORDING 111� 1I `pliI� {1 W ��scA�c I - 30' �...� L��l�

lllli I llfll IN fill Iflllll ill I III I I ill Bed PM.iz ons f 92PROF
Brunswick County, NC Register of Deeds page 9 of 12
EXI3IBIT A
LEGAL DESCRIPTION OF FIRST ACCESS EASEMENT AREA
(f4,186 FT2/or t0.096 ACRES)
BEGINNING AT A CONCRETE MONUMENT IN THE NORTHEAST CORNER OF THE MM
SOUTHPORT, LLC PROPERTY, PID #237LF021, AS DESCRIBED IN DEED BOOK 4863,
PAGE 923 OF THE BRUNSWICK COUNTY REGISTER OF DEEDS, SAID MONUMENT
HAVING NC GRID COORDINATES N: 63,274.27' E: 2,294,062.95', THE POINT OF
BEGINNING,LABELED "POB 1";THENCE,FROM THE BEGINNING POINT,S08°01'16"W
10.00' TO APOINT;THENCE N81°05'25"W 53.26'TOAPOINT;THENCE S77°56'58"W 65.63'
TO A POINT;THENCE S77°57'45"W 118.42'TO A POINT;THENCE S77°56'58"W 181.62' TO
A POINT; THENCE N07028'55"E 10.6l' TO A POINT; THENCE N77°57'13"E 189.13' TO A
POINT; THENCE N77°57'13"E 119.62' TO A POINT;THENCE N77°57'13"E 55.22' TO A
CONCRETE MONUMENT; THENCE S81005'25"E 54.95' TO A CONCRETE MONUMENT,
THE POINT OF BEGINNING, CONTAINING AN AREA OF f4,186 SQUARE FEET, OR
t0.096 ACRES,ACCORDING TO A MAP BY WITHERSRAVENEL,DATED 03/20/24.

Illl llllfll ll llll l llll 111 llll l ll ll 111 BSi� pule mmons P0
Brunswick County, MC Register of Deeds page 18 of 12
EXIT B
LEGAL DESCRIPTION OF NEW ACCESS EASEMENT AREA
(±1,902 FTC/or f0.044 ACRES)
BEGINNING AT A POINT IN THE SOUTHERN LINE OF AN ACCESS EASEMENT AS
DESCRIBED IN DEED BOOK 4284 PAGE 900 OF THE BRUNSWICK COUNTY REGISTRY,
SAID POINT HAVING NC GRID COORDINATES N: 63,215.03'E: 2,293,829.18',AND SAID
POINT BEING LOCATED THE FOLLOWING COURSES AND DISTANCES FROM A
CONCRETE MONUMENT, (LABELED "POB 1"), MARKING THE NORTHEAST CORNER
OF THE MM SOUTHPORT, LLC PROPERTY, PID #237LF021,AS DESCRIBED IN DEED
BOOK 4863, PAGE 923 OF THE BRUNSWICK COUNTY REGISTER OF DEEDS, SAID
MONUMENT HAVING NC GRID COORDINATES N: 63,274.27' E: 2,294,06295':
N81005'25"W 54.95' TO A CONCRETE MONUMENT, S77°57'13"W, 55.22' TO A POINT,
S3 8°44'16"W 15.82'TO A POINT, S38044'33"W 62.84'TO A POINT,AND N86°09'11"W 76.42',
THE POINT OF BEGINNING, LABELED "POB 3"; THENCE FROM SAID BEGINNING
POINT THENCE S67044'28"W 200.28' TO A POINT, THENCE N07°28'55"E 11.52' TO A
POINT; THENCE N67°44'28"E 188.98' TO A POINT; THENCE S35°53'35"W 7.70' TO A
POINT; THENCE S86009'11"E 13.50' TO A POINT, THE POINT OF BEGINNING,
CONTAINING AN AREA OF f 1,902 SQUARE FEET, OR f0.044 ACRES,ACCORDING TO A
MAP BY WITHERSRAVENEL, DATED 03/20/24.

D4-19-2D24
111111111111111111111111111111111111� 8rcnd& M. Cle m,�f ROP
Brunswick County, NC Regist f✓�M�1
CONSENT AND SUBORDINATION OF LENDER
The undersigned, SOUTHSTATE BANK,N.A. ("Lender"), is the lender under a certain
Deed of Trust,Security Agreement,Fixture Filing and Assignment of Leases and Rents dated June
1, 2022, and recorded June 9, 2022 in Book 4863 at Page 937, official records of Brunswick
County, North Carolina (together with all other amendments, restatements, modifications and
extensions of the foregoing now or hereafter entered into,the"Mortgage'), and, in such capacity,
does hereby consent to that certain Access Easement Agreement to which this Consent and
Subordination of Lender is attached(the"Easement"). Without limiting the above,Lender agrees
that in the event of foreclosure of the Mortgage or in the event Lender takes title to the property
conveyed thereby by way of a deed in lieu of foreclosure or otherwise exercises any remedies
under the Mortgage (or related loan documents), the rights, privileges and easements set forth in
the Agreement shall not be terminated, disturbed,impaired or modified or amended in any manner
and the Easement shall remain in full force and effect in accordance with its terms. The Mortgage,
however, otherwise remains in full force and effect, and, except as expressly provided herein,
nothing herein contained shall be deemed to affect the priority of the lien or security title created
by the Mortgage in any respect as to any other matters placed of record subsequent to the execution
and recordation of the Mortgage. This Consent and Subordination of Lender is and shall be
binding upon Lender and its successors, successors-in-title and assigns, including (without
limitation)any purchaser at a foreclosure sale under and with respect to the Mortgage.
[SIGNATURE ON FOLLOWING PAGE]

1111 II IIIII III II I I IIII II I I II I Ifl l l Ifl Brend M.. C l sons-29 PROP
Brunswick County, NC Register of Deeds page 12 of 12
IN WITNESS WHEREOF, the Lender has caused this Consent and Subordination to be
executed in its name and under its seal this day of ,2024.
SOUTHSTATE BANK,N.A.
By: 4.,w
Name: ►-1-/
Title: S v Pam_ re:
STATE OF AJ#M CAPOLIA t )
)SS
COUNTY OF MEcKt.MOORG
This instrument was acknowledged before me on April 1 2024, by
DR'Ae N. Bradley , the __ SVP of Southstate
Bank, N.A., a national banking association, on behalf of said association and in the capacity
indicated
(Signature of notary)
(SEAL)
_Ryan M. f JakAcy
(Name of notary)
My Commission Expires: St�. 2S, ZoZq
MtLOOM
NOTARY Pl1Ri.IC
14l1�1Q8d8Ul�i CQ.,NOAiH CAAOLMA

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Date Date Check From Name of Vendor Check Check Permit Rct. #
Received Deposited Permit Holder Number amount I Number/Comments
6/6/2024 GVI-MSTAR JV LLC MM Southport, LLC First 1072 $100.00 Minor Mod#99-01,Southport Tmac rct.
Citizens BrCo 19441
Bank