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HomeMy WebLinkAbout83-05 Rivershore, LLC }r�aa-?o-aaataaa+o-o-o-:-.�}.w�aoao-aao-soaao-aa�r>a.a•aaao-o.�ost-:-0aaaaa.�x+aao-aaoaw:, �}:-o-o-aocoo-ac+ :ter•:-:" Permit'Class ' Permit Number NEW F83-05 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission Vermtt for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Rivershore, LLC, P.O. Box 746, Mt. Pleasant, SC 29465 Authorizing development in Craven County at Duck Creek SR 1609 - Galloway Street as requested in the permittee's application dated 10/7/04 (MP-1. MP-3. & MP-6) & 12/15/04 (MP-4) including the attached workplan drawings (19), all dated revised 1/4/05 This permit, issued on 1n� 1, 200s , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Marina 1) Prior to the occupancy of any new slips authorized under this permit, a marine pumpout sewage disposal facility shall be installed and operable, and maintained for the life of the marina. 2) The marina facility shall display a sign showing the location of the on-site pumpout facility, including other appropriate waste disposal information, on each of the 6' wide fixed access piers. 3) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the marina facility. Any sewage discharge at the marina facility shall be considered a violation of this pen-nit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. RECEIVED (See attached sheets for Additional Conditions) OCT 0 6 2015 This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the other qualified persons within twenty (20) days of the issuing Chairman of the Coastal ResgktSciee forsr D CITY date. An appeal requires resolution prior to work initiation or VV��++ continuance as the case may be. �l This permit must be accessible on-site to Department personnel when the project is inspected for compliance. Char . Jones, Director Any maintenance work or project modification not covered Division of Coastal Management hereunder requires further Division approval. All work must cease when the permit expires on This permit and its conditions are hereby accepted. December 31, 2008 In issuing this permit, the State of North Carolina agrees �'�- lZG that your project is consistent with the North Carolina Coastal C Management Program. Signature of Permittee Rivershore, LLC Permit #83-0S Page 2 of 3 ADDITIONAL CONDITIONS 4) 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 structure, whether floating or stationary, may become a permanent part of this marina facility without permit modification. No non-water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. 5) Any portion of the permitted access pier and docking facilities built over coastal wetlands shall not exceed six feet in width and shall be elevated a minimum'of three feet over the wetland substrate as measured from the bottom of the decking. 6) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 7) The authorized structure and associated activity shall not cause an unacceptable interference with navigation. 8) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee shall not be relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 9) This permit authorizes a maximum of 105 boat slips. 10) . During construction and/or operation of the authorized travel lift, care should be taken to ensure that no filling or excavation of the adjacent coastal wetlands area takes place. Such filling shall be considered a violation of this permit for which the permittee is responsible. 11) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. NOWT, s It is strongly recommended that the permittee exercise all available precautions in the day-to-day operation of the facility to prevent facility waste from entering the adjacent waters. Such V discharge, either directly or indirectly, to adjacent waters could contravene state water quality standards, thereby violating state law. u = Sedimentation and Erosion Control TE: An Erosion and Sedimentation Control Plan shall be required for this project. This plan shall be filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this plan to the Department of Environment and Natural Resources, Land Quality Section, 943 Washington Square Mall,Washington, NC 27889 Y 12) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, etc.) Riversthore, LLC Permit #83-05 Page 2 of 3 ADDITIONAL CONDITIONS 4) 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 structure, whether floating or stationary, may become a permanent part of this marina facility without permit modification. No non-water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. 5) Any portion of the permitted access pier and docking facilities built over coastal wetlands shall not exceed six feet in width and shall be elevated a minimum*of three feet over the wetland substrate as measured from the bottom of the decking. 6) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 7) The authorized structure and associated activity shall not cause an unacceptable interference with navigation. 8) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee shall not be relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 9) This permit authorizes a maximum of 105 boat*slips. 10) . During construction and/or operation of the authorized travel lift, care should be taken to ensure that no filling or excavation of the adjacent coastal wetlands area takes place. Such filling shall be considered a violation of this permit for which the permittee is responsible. 11) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. NOTE: It is strongly recommended that the permittee exercise all available precautions in the day-to-day operation of the facility to prevent facility waste from entering the adjacent waters. Such discharge, either directly or indirectly, to adjacent waters could co �iai� xaataquality re standards, thereby violating state law. C V C Sedimentation and Erosion Control OCT 0 6 2015 NOTE: An Erosion and Sedimentation Control Plan shall be required for tPA;MtrcMHPpQJThYil be filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this plan to the Department of Environment and Natural Resources, Land Quality Section, 943 Washington Square Mall, Washington, NC 27889 12) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, etc.) Fiivershore, LLC Permit#83-05 Page 3 of 3 ADDITIONAL CONDITIONS Stormwater l\lanapement 13) The N.C. Division of Water Quality approved this project under stormwater management rules of the Environmental Management Commission under Stormwater Permit No. SW7050508 on 5/19/05. Any violation of the permit approved by the DWQ will be considered a violation of this CAMA permit. General 14) Any building constructed shall comply with the applicable provisions of the North Carolina Building Code and the local flood damage prevention ordinance as may be required by the National Flood Insurance Program. 15) This permit does not authorize the excavation or filling of any vegetated wetlands or open water areas, even temporarily. 16) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized.by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 17) All development within 50 feet of the normal water level shall be consistent with Environmental Management Commission (EMC) Neuse River buffer regulations in place at the time of such development. 18) The permittee shall implement in its entirety the Operations and Maintenance Manual f ershore Marina dated 10/7/04. RECEIV NOTE: This permit does not eliminate the need to obtain any additional state, gOirk 6rMil permits, approvals or authorizations that may be required. _ MHD CITY NOTE: Future development of the permittee's property may require a o i ication of this permit. Contact a representative of the Division at (252) 808-2808 prior to the commencement of any such activity for this determination. NOTE: The permittee and/or his contractor is urged to meet with a representative of the Division prior to project initiation. NOTE: The N.C. Division of Water Quality has assigned the proposed project DWQ Project No. 050149. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 200510469. NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary June 6,2005 Rivershore,LLC P.O.Box 746 Mt. Pleasant, SC 29465 Dear Sir or Madam: The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. Please sign both the original (buff- colored form) and the copy. 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. Please retain the original (buff-colored form),as it must be available on site when the project is inspected for compliance. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A- 121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that 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 is to your benefit to be sure that he fully understands all permit requirements. From time to time,Department personnel will visit the project site.To facilitate this review,we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Sincerely, Douglas V. Huggett Major Permits and Consistency Manager Enclosure 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-22931 FAX: 919-733-14951 Internet: http://dcm2.enr.state.nc.us An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper R. DIVISION OF COASTAL MANAGEMEN C, Q; FIELD INVESTIGATI ON REPORT JA N 2 4 2005 1. APPLICANT'S NAME: Rivershore, LLC IVloreheau Cis 2. LOCATION OF PROJECT SITE: Entrance to project is at southern terminus of SR1609 (Ggllk m Street) near Bridgeton, and adjacent to Duck Creek in Craven County. Photo Index - 2000:73-936(Indexed by O-Q, 6-8) 1995:73-810(Indexed by H-J,16-18) State Plane Coordinates - X: 2584000 Y: 498000 Rover# M110420A 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - November 4, 2004 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received Completed: January 5, 2005 Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Craven County Land Classification From LUP - Urban Transitional/Conservation (B) AEC(s) Involved: CW, ES, EW, PTA, (C) Water Dependent: Yes (D) Intended Use: Commercial (E) Wastewater Treatment: Existing - None Planned - Connection to City of New Bern Sanitary Sewer System (F) Type of Structures: Existing - Existing inland basin Planned - Wet and Drystack Marina with amenities (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands 530 sf shaded (B) Non-Vegetated Wetlands 118,117 sf usurped Estuarine Waters and Public Trust of which 32,936 sf Areas would be shaded (C) High ground disturbance 114,550 sq. ft. graded and filled (D) Total Area Disturbed: 233,197 sq. ft. (E) Primary Nursery Area: No (F) Water Classification: SC; Sw, NSW Open: No 8. PROJECT SUMMARY: Applicant proposes to construct a commercial marina facility within an existing inland basin, to include a paved entrance road and parking areas, a marina office, one 400 unit dry stack storage building, forklift operation area, fueling and pump out facilities, and 105 wet slips. Field Investigation Report: Rivershore, LLC fpa p Page 2 � --------------------------- 9. NARRATIVE DESCRIPTION: ,IAN 2 4 2005 Project Setting Morehead City DCM The project site is a 16.8-acre out parcel of a 67.5-acre tract adjacent to the northern shore of Duck Creek near the Town of Bridgeton, Craven County, North Carolina. The site is accessed from Bridgeton by following Hwy 55 East, turning right onto SR1609 (Galloway Street) and following the road to its southern terminus. The property is the vacant tract of land between Galloway Street and Duck Creek. This area is predominantly undeveloped, with one other marina on the creek. The land rises from Duck Creek to elevations of approximately +4'to +6' above MSL. The soil on the property is predominantly sandy material that was deposited on the site when the basin was dredged. There is an existing manmade basin near the center of the property that was excavated out of high ground and connected to Duck Creek under CAMA Major Permit 61-75 (1975). The basin is approximately 450' x 600' and is connected to Duck Creek via a channel that widens from 130' to 250' and is approximately 250' in length. Water depths in Duck Creek typically range from -5'to-7' below NWL in the channel and -10' to -12' below NWL in the basin. The basin is bordered with Juncus roemerianus and Spartina patens, typically 2' to 4' in width. Wax myrtle and red cedar can be found for several feet landward of the coastal wetlands. The Section 404 Wetlands on this tract have been delineated and approved by the USACE (on file), and will be unaffected by this proposal. The upland areas are in the early stages of succession with the most prevalent species of plants being broom sedge and small loblolly pine saplings. The Craven County Land Use Plan classifies the area as Urban Transitional, with all areas within the Division of Coastal Management's AEC's classified as Conservation. The Division of Water Quality classifies Duck Creek as SC Swamp and Nutrient Sensitive Waters. The waters are closed to the harvesting of shellfish and they are not classified as Primary or Secondary Nursery Areas. No SAV's were observed during the visit to the site. Project Description The applicant proposes to construct a full service marina within an existing upland basin that is connected to Duck Creek. The upland development would consist of a paved access road, paved parking areas for 68 vehicles, and a marina store with restrooms, showers, and laundry facilities. Upland development would also include one building with two 200-unit dry stack storage units to accommodate boats from 15' to 30' in length. Fuel storage tanks and wash racks are proposed between the dry stack units and the boat basin. The boats would be launched and retrieved with a forklift, therefore, a paved forklift operation area is proposed. No boat maintenance facilities are proposed at this time. The launch is proposed with approximate dimensions of 50' wide and 97' in length and would project 10' beyond the NWL into the basin. Two 4' x 55' floating docks will project out into the basin from the forklift operation area for staging purposes. Four access walkways 6' wide and totaling 380' in length will lead to two 6' wide fixed docks around 1790' of the boat basin 4 Field Investigation Report: Ric Rivershore, LLC Page 3 JA N 2 4 2005 --------------------------- MoreheaIF&APMn perimeter. Dock "A" would consist of five 4' x 60' finger piers projecting from the northeast side of the basin and would create 10 boat slips with a boatlift in each slip. An 8' x 345' floating dock is proposed parallel to the 6' wide fixed dock on the east side of the basin, with the floating and fixed docks connected via a 4' wide gangway. Attached to the floating dock on the east side of the basin would be "B" and "C" docks. "B" and "C" docks would each be composed of two 4' x 40 finger piers and four 4' x 30' finger piers that would create 14 boat slips at each dock. On the west side of the basin, an 8' x 705' floating dock with a 15' x 15' platform would be connected to the 6' wide fixed dock via two 4' wide gangways. "D" dock would be composed of three 4' x 50' finger piers that would create 6 boat slips. "E" dock would consist of two 8' x 50' finger piers and four 4' x 50' finger piers that would create 12 boat slips. The fueling and sewage pump out stations would be located at the end of "E" dock. "F" dock would consist of eight 4' x 40' finger piers and would create 16 boat slips. "G" dock would involve three 4' x 40' finger piers and would create 7 boat slips. "11" dock would be made up of fourteen 4' x 60' finger piers and would create 26 boat slips with a boatlift in each slip. The applicant also proposes to install a "NO WAKE" sign at the entrance to the marina basin. No shoreline stabilization measures are proposed, as the applicant has decided it is unnecessary at this time. 10. Anticipated Impacts: The forklift area and the accesses to the docks will shade 530 square feet of coastal wetlands as proposed. The fixed and floating docks will create a total of 105 new boat slips and will incorporate 118,117 square feet of Estuarine Waters and Public Trust Area within the upland basin. The docks will also shade 32,936 square feet of those waters. Temporary increases in turbidity can be expected during the in-water construction of the docks and the installation of "NO WAKE" sign. The project will require the grading and filling of 114,550 square feet of high ground for the construction of the marina office, dry stack area, driveway, and parking areas. These will result in < 10% of impervious area within the 75' Estuarine Shoreline AEC. The addition of 105 wet slips and 400 dry stack storage spaces will result in a significant increase in boating activity on this creek. Stephen Lane January 21, 2005 Morehead City APPLICATION JAN 2 4 2005 1. APPLICANT a. Owner: Rivershore,LLC Morehead City DCM Contract to Purchase: 3.DESCRIPTION AND PLANNED USE OF Big Cypress Land&Development Co.,Inc. PROPOSED PROJECT c/o Newkirk Environmental,Inc. a.List all development activities you propose(e.g. P.O. Box 746 building a home,motel,marina,bulkhead,pier,and Mt. Pleasant, SC 29465 excavation and/or filling activities). Construction of a full service commercial marina facility Phone: 843-388-6585 with attendant services and activities includingfl oating FAX: 843-388-6580 docks,dry stack storage, fuel service, sewage pumpout services and harbor masters office/ships store(for additional information see attached Operations and b.Authorized Agent: Maintenance Manual. Newkirk Envrionmental,Inc. P.O. Box 746 b. Is the proposed activity maintenance of an existing Mt. Pleasant, SC 29465 project,new work,or both? New work within an existing, upland dug marina basin. Phone: 843-388-6585 FAX: 843-388-6580 c. Will the project be for public,private or commercial use? Commercial/Public c. Project Name(if any): Rivershore Marina d. Give a brief description of purpose,use,methods of construction and daily operations of proposed project. If more space is needed,please attached 2. LOCATION OF PROPOSED additional pages. PROJECT The purpose of the proposed project is to provide marina a. County: Craven services and water access to the general public. Additional information is provided in the Operations and Maintenance b. City,town,community or landmark Manual attached as an addendum to this application. Brid eg ton c. Street address or secondary road number Galloway Street-SR 1609 d. Is proposed work within city limits or 19F Fa� planning jurisdiction? ❑Yes®No e.Name of body of water nearest project(e.g. O C T 1 2 2004 river,creek,sound, bay) Duck Creek Morehead City DCM F„ JAN 2 4 2005 Morehead City DCM 4. LAND AND WATER k. Is the project located in a National Registered CHARACTERISTICS Historic District or does it involve a National Register listing of eligible property? ❑ Yes ®No a. Size of entire tract: 16.8 1.Are there wetlands on the site? b. Size of individual lot(s) N/A ® Yes❑No ® Coastal Marsh 0.59 acres c. Approximate elevation of tract above ® Other: Marina basin 7.3 acres MHW or NWL: +7.5'NWL If yes,has a delineation been conducted? d. Soil type(s)and texture(s)of tract: ® Yes ❑No Johnson-B ibb-Mury i Ile-Sand Action I.D. 200210890 e.Vegetation on tract: Primarily open field with various m.Describe existing wastewater treatment facilities. grasses such as broom straw[AndopoQon spp. , Bahia The City of New Bern ass Paspalum notatum)and loblolly pine(Pinus taeda). n.Describe location and type of discharges to waters f. Man-made features now on tract: of the state. (For example,surface runoff,sanitary Excavated marina basin,filled uplands,on-grade dirt roads. wastewater,industrial/commercial effluent, "wash down" and residential discharges.) Surface runoff g. What is the CAMA Land Use Plan land from landside support facilities. classification of the site? Conservation Transitional o.Describe existing drinking water supply source. Developed Community First Craven Sanitary District X Rural Other: Site is not zoned by Craven County. 5.ADDITIONAL INFORMATION h.How is the tract zoned by local government? Craven County currently has no applicable zoning In addition to the completed application form,the ordinances regulating development evelopment on this property. following items must be submitted: • A copy of the deed (with state application only) i. Is the proposed project consistent with the or other instrument under which the applicant applicable zoning? ® Yes ❑No claims title to affected properties. If the applicant is not claiming to be the owner of said j.Has a professional archaeological assessment property, then forward a copy of the deed or been done for the tract? ® Yes❑No other instrument under which the owner claims title, plus written permission from the owner to If yes,by whom? Brockington&Associates, Inc. carry out the project. (Cultural Resources Assessment attached) A Copy of Deed and Owner permission letter is attached. • An accurate, dated work plat (including plan view and cross sectional drawings) drawn to scale in black ink on an 8 '/2 x 11 white paper. 0 C T ] 2 2004 (Refer to Coastal Resources Commission Rule 7j.0203 for a detailed description.) Morehead City DCM Sheets 1 thru 12 dated 9/03/04 attached. Please note that original drawings are preferred and only application. Enclosed high quality copies will be accepted. Blue line prints or other larger prints are acceptable only if an adequate • A signed AEC hazard notice for projects in number of quality prints are provided by applicant. oceanfront and inlet areas. N/A (Contact the US Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the • A statement of compliance with the NC area to the site. Include highway or secondary road(SR) Environmental Policy Act(N.C.G.S. 113A-1 to numbers, landmarks,and the like. 10)If the project involves the expenditure of public funds or use of public lands,attach a statement • A Stormwater Certification, if one is necessary. documenting compliance with the North Carolina It is understood that any issued permit would be Environmental Policy Act. N/A contingent upon obtaining the apulicable stormwater certification. • A list of the names and complete addresses of the adjacent waterfront(riparian)landowners and signed 6.CERTIFICATION AND PERMISSION returned receipts as proof that such owners have TO ENTER ON LAND received a copy of the application and plats by certified mail. Such landowners must be advised that they have I understand that any permit issued in response to this 30 days in which to submit comments on the proposed application will allow only the development described in project to the Division of Coastal Management. Upon the application. The project will be subject to conditions signing the form,the applicant further certifies that and restrictions contained in the permit such notice has been provided. I certify that to the best of my knowledge, the proposed Name: Herman Edwards activity complies with the State of North Carolina's approved Coastal Management Program and will be Address: Rt.6,Box 3 conducted in a manner consistent with such program. New Bern,NC 28560 Phone New certify that I am authorized to grant,and do in fact,grant -' permission to representatives of state and federal review Name: Sandy Point Village.LLC agencies to enter on the aforementioned lands in Address: P.O.Box 12006 JAN 2 4 2005 connection with evaluating information related to this New Bern,NC 28561 permit application and follow-up monitoring of the Morehead City DC ect- Name: Rivershore,LLC I further certify that the information provided in this Address: P.O.Box 12172 application is truthful to the best of my knowledge. New Bern,NC 28561 This is the -4� day of O_,20 O_ Phone Print Name Duncan Newkirk.Big Cypress Land Development Compan .LLC • A list of previous state or federal permits issued for Signature l �� work on the project tract. Include permit numbers, Contract to Purchase permittee,and issuing dates. State of NC Coastal Resources Commission Permits 61- 75,68-85 & 15-84 issued to John T.Taylor,the Estate of �DCM MP-2 Excavation and Fill Information ®DCM MP-3 Upland Development J.T.Taylor,Jr.and Taylor Trust Z. �DCM MP-4 Structures Information idges and Culverts a Development • A check for$250.00 made payable to the Dept. of Environment,Health,and Natural Resources Note.Please sign a each attachment in the space provided (DEHNR)to cover the costs of processing the Ot/Pe loorn?*fch form. Morehead City DCM UPLAND such as pavement, buildings, rooftops, or DEVELOPMENT to be used for vehicular driveways or (Construction and/or land disturbing activities) parking.± 10% Attach this form to Joint Application for h. Projects that require a CAMA Major CAMA Major Permit, Form DCM-MP-1. Development Permit may also require a Be sure to complete all other sections of the Stormwater Certification. Has a site Joint Application that relate to this proposed development plan been submitted to the project. Division of Environmental Management for review? ❑ Yes ® No a. Type and number of buildings, If yes,date submitted facilities,units or structures proposed. It is understood that any issued permit One dry stack storage building with would be contingent upon obtaining the associated parking, marina office,restrooms, applicable stormwater certification. fuel and sewage pumpout facilities. i. Describe proposed method of sewage b.Number of lots or parcels 1 disposal. City of New Bern sewer system c. Density (give the number of residential j. Have the facilities described in Item I units and the units per acre)N/A above received state of local approval? ® Yes ❑ No d. Size of area to be graded, filled or (Attach appropriate documentation) Ci1y of disturbed including roads,ditches,etc. New Bern sewer service is existing to the ±2.33 acres site and a letter confirming the City's agreement to accept sewage flow from the e. If the proposed project will disturb property is enclosed. more than one acre of land, the Division of Land Resources must receive an k. Describe location and type of proposed erosion and sedimentation control plan at discharges to waters of the state (for least 30 days before land disturbing example, surface runoff, sanitary activity begins. If applicable, has a wastewater, industrial/commercial sedimentation and erosion control plan effluent, "wash down" and residential been submitted to the Division of Land discharges). Resources? ❑ Yes ®No Surface runoff If yes,date submitted It is understood that any issued permit 1. Describe proposed drinking water would be contingent upon obtaining the supply source (e.g. well, community, applicable sediment and erosion control plan public system, etc.) First Craven Sanitary approval. District f. List the materials (such as marl, paver m. Will water be impounded? stone, asphalt, or concrete) to be used for ❑Yes ®No paved surfaces.asphalt, concrete n. If the project is a oceanfront g. Give the percentage of the tract within development,when was the plot(s) platted 75 feet of MHW or NWL, or within 575 and recorded?N/A feet in the case of an Outstanding Rivershore Marina Resource Water, to be covered by Applicant or Project Name impervious an Signature i V OCT 1 2 7004 Date J A N 2 4 2005 Morehead City DCM �I0re-head City DCM lne ii MARINA BAN 2 4 2005 DEVELOPMENT Morehead City DCM (Required for the mooring of more than 10 vessels) g.Typical boat length +/-30' Attach this form to Joint Application for CAMA h, Maximum boat length +/-60' Major Permit, Form DCM-MP-L Be sure to complete all other sections of the Joint Application i.Are any floating structures planned? Yes that relate to this proposed project. If so,describe: Floatin docks ocks 1. MARINA CHARACTERISTICS a.Check below the type of marina proposed. 2, MARINA OPERATIONS ® Commercial ® Public ❑ Private a. Check each of the following sanitary facilities b.Will the marina be open to the general public?® Yes ❑ No that will be included in the proposed project. ® Office Toilets c. If there is residential development associated ® Toilets for Patrons with the marina, how many units or lots are Number: 2 toilets and 2 urinals for men, 3 toilets for planned and how many are currently developed? women None currently planned Location: Marina office ® Showers d. Check all of the types of services to be ® Boat holding tank pumpout provided. Type and location Fixed pumpout to holding tank on ❑ Full Service, including travel lift and/or rail site uplands and City of New Bern sewer system. ® Dockage, fuel, and marine supplies Pumpout is located in marina basin on floating Dock ® Dockage, ("wet slips")only E. Number of slips 105 (including lifts-36) ® Dry storage b. Describe treatment type and disposal location Number of boats 400 at build-out for all sanitary wastewater. City of New Bern ❑ Boat ramp(s) sewer system. ® Other(describe) Sewage`pumpout c. Describe the disposal of solid waste, fish offal e. Check below the proposed type of siting. and trash disposal. Refuse and recycling containers ® Land cut and access channel (Existing) will be provided at varoius locations on-site to ❑ Open water with dredging for basin and/or provde for convienent use and emptied Bailey for Channel.❑Open water, no dredging required disposal at an approved landfill or recyclin cg_enter. ❑Other(describe) d. How will overboard discharge of sewage from boats be controlled. Sijznage, marina rules, lease f. Describe the typical boats to be served (for agreement, provision of convenient bathroom example, open runabout, charter boats, sail facilities and sewage pumpout services. boats,mixed types). Mixed types / c e. Give the location and number of "No Sewage Discharge" signs proposed. Each floatingdock ock (B, i C, D, E, F, &G) each boat lift dock(A&H). R;OCT 12 2004 MarMn M� city ocM f r �s f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum JA N 2 4 2005 products. N/A-No boat repair services or facilities are Morehead City DCM provided. g. Where will residue from vessel maintenance be disposed of ? Containers will be provided for any refuse or residue from normal owner maintenance and repair for appropriate disposal at an approved off site facility. o. Is the marina proposed within a primary or h. Give the number of channel markers and "No secondary nursery area? ❑ Yes ®No Wake" signs proposed. One "No Wake" sign proposed within the marina basin. p. Is the marina proposed within an area open to shellfish harvesting? ❑ Yes® No i. Give the location of fuel-handling facilities, and describe the safety measures planned to protect q. Give the location and number of "Pumpout area water quality. Dock E as indicated on project Available" signs proposed. Pumpout signs will be plans. Refer to Section II C of the attached provided on each floating dock within the marina Operations and Maintenance Manual. basin B, C, D, E, F&G)for a total of six. j. Describe design measures that promote boat basin flushing or circulation and that reduce water quality impacts. 7.3 acre basin was Rivershore Marina constructed 12 years ago and no appreciable Applicant or Project Name sedimentation has occurred. Entrance at Duck Creek is ± 100 ft wide providing adequate water flow to maintain good circulation and water quality. Signature k. What will be the marina policy on overnight i O —1_ O 4 and live-aboard dockage? No live-aboards- Date Maximum stay is three consecutive days-72 hours. 1. Is the proposed marina located near any shellfish leases? ❑ Yes ® No If yes,give name and address of leaseholder. IF ED in. If the project is an expansion of an existing W r � r � marina, what types or services are currently F11 provided? N/A O C T 12 2004 n. How may slips are now available?N/A Morehead City DCM ICEWED Form DCM-MP-4 JAN 2 4 2005 131DEC 2 12004 STRUCTURES Morehead City DCM Morehead City DCM (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA e.Mooring Buoys:N/A Major Permit, Form DCM-MP-1. Be sure to (1)❑Commercial❑Community❑Private complete all other sections of the Joint Application (2)Number: that relate to this proposed project. (3)Description of buoy (color,inscription,size,anchor,etc.) a.Dock(s)and/or Pier(s) (1)®Commercial❑Community❑Private (2)Number: 9 (4) Width of water body: (3)Length: Varies from 50'to 130' (5) Distance buoy(s)to be placed beyond (4)Width: _4'to 50' (5)Finger Piers: ®Yes ❑No shoreline: (i) Number: 4 f.Mooring structure(boatlift,mooring (ii) Length: 30'to 60' m pilings,etc.) ( ) Width: 4' (1) ®Commercial❑Community❑Private (6) Platforms: ®Yes ❑No (2) Number: 36 boatlifts (i) Number: 4 (3) Length: 60' (ii)Length: _50'to 730'totaling 1224' (4) Width: 15' (iii)Width: _3 at 8', 1 at 50' (7) Number of slips proposed: 105 g, Other(Give complete description) (8) Proximity of structure to adjacent riparian Single pile no wake sigg within basin as property lines: ± 1500LF,N.,±40'S. indicated on permit drawing Sheet 5. (9) Width of water body: Inland basin width±50' (10) Water depth at waterward end of pier at MLW or NWI:Varies within basin from —6.5'NWL to—12.0'NWL b.Boathouse(includi n� lifts):N/A (1)❑Commercial 5 Private (2)Lend': Rivershore Marina (3)Width: Applicant or Project N e c.Groin(e.g.wood,sheetpile,etc.):N/A / (1) Number: Signature (2) Width: d.Breakwater(e.g.wood,sheetpile,etc.): N/A Date (1) Length: (2) average distance from MHW,NWL or wetlands: (3) Maximum distance beyond MHW, NWL or wetlands: --v, -- , qtl s� 0 '� �• �L-rrr- x7 \ Q � h 55 Bridgeton K T ;o emIle — 2�Ltio. 9aJ' y •. 8 « / �• • `;t''IliRg (zt�f-?gam e,....� -rd" �"' io. � \`i�/ f Ceda�• ti f:, )•1 h S _J Grove 15 vy ,1 •ii 4. V t PIlin u �, i 0 r Its pRB �l — T rkr ra 110 \ it 11 k or t qrV �. %ilew Bern [•,a TITUDE:-35°06'09° Nertoik: �ghth'Unipn Point LONGITUDE: -77QOO'22° Sandy'P611t Mrs00 - t Plleb ti o ,• foul 5��7 , -i �� Yks t\'ION Jam � _ mot• L _N�.�.: s rr 'e. ••� ®� Fout A Light I et Trailer• �� y. � � w\ � � ?�"� BM 14 -* ,Area "green Spring :3 .'i�,• ,• p:�l ` !I Light 0 J ForsS,' N Light a f'ofnt QUADRANGLE MAP SCALE: I" = 2000' PROPOSED ACTIVITY: 0 1000 2000 MARINA NEW BERN COUNTY: CRAVEN QUADRANGLE MAP THOMAS B HUTTON ENGINEERING CO. LOCATION: GALLOWAY STREET 935 HOUSTON NORTHCUTT BLVD., SUITE 100 DUCK CREEK MOUNT PLEASANT,SC 29464 PHONE :(843)649-0200 FAX:(843)849-0203 APPLICANT: www.thomos-hutton.com RIVERSHORE, LLC BRIDGETON, NC SHEET I OF 19 DATE: 9/3/04 REVISED: 1/04/05 N:\16839\dwg\Permits\16839POI.dwg Jon 04. 2005 - 8:47:15 �o o2 GETON G cS� SCALE: I° = 2000' 0 1000 2000 4000 v 0 � Z SITE ERN .SANDY P oiivr JAN 2 4 2005 Z 5UN ETA M head City D 0- L)S N yy Y44 ° JAN 0 5 2005 VICINITY MAP PROPOSED ACTIVITY: MARINA THOMAS&HUTTON ENGINEERING CO. COUNTY: CRAVEN 935 HOUSTON NORTHCUTT BLVD.,SUITE 100 LOCATION: GALLOWAY STREET MOUNT PLEASANT,SC 29464 DUCK CREEK PHONE:(843)849-0200 FAX:(843)849-0203 APPLICANT: vrv.thomas-hutton.com BRIDGETON, NC SHEET 2 OF 19 RIVERSHORE, LLC DATE: 9/3/04 REVISED: V014/05 N:\16839\drg\Permits\16839PO2.drg Jon 04, 2005 - 8:47:42 o�y 4y S�. ERM DWAR S FUTUR EVELO ENT WETL SANDY POINT PR OS VILLAGE, LLC PR PERTY LINE 50' UFFER CT 404 �Y WET ND ,L C o c� 0 W g`' '\50' BUFFER (TYP) ) 2 4 jn5 o AN = City pCM RIVERSHORE. LLC oX j N a 0morehead r Q O ACREAGE I HIGHLAND 8.92t BASIN.-_ 7,30 COASTAL MARSH 0.5 SCALE: 1" = 600' TOTAL 16.83a' 0 300 600 1200 , AN 0 5 2005 SITE LAYOUT PROPOSEf]` 1Ci#y ACM MARINA THOMAS 8 HUTTON ENGINEERING CO. COUNTY: CRAVEN 935 HOUSTON NORTHCUTT BLVD..SUITE 100 LOCATION: GALLOWAY ST MOUNT PLEASANT,SC 29464 DUCK CREEK PHONE:(843)849-0200 FAX:(843)849-0203 ....M-40t.m.- APPLICANT: BRIDGETON, NC DATE:RIVER SHEET 3 OF 19 HORE LLC DATE: 9/3/04 RevlsEn: I/04/06 N:\I6839\dvg\Permits\16839PO3.drg Jon 04, 2005 - 8:48:09 FUTURE DEVELOPMENT x J x o 0 g o 50' BUFFER (TYP) PROPOSED PROPERTY LINE o _ 404 u x ," WETLAND PROPOSED PROPERTY LINE/ r• ":. :•. 404 WETLAND yK BOUNDARY COASTAL WETLANDS 7.5' 6' SIDEWALK (TYP) • •` U 6' FIXED WALKWAY (TYP) x 404 FLOATING DOCKS (TYP) x ° WETLAND x x° 4? _ JAN 2 4 2005 RIVERSHORE, LLC o �,erehead City A x ° x 6' IXED WALKWAY (TYP) 50' BUFFER (TYP) o i COASTAL WETLANDS ° 00 0 / x x xv ° INDIVIDUAL BOAT LIFTS (TYP) 040 WAKE SIGN 50' BUFFER (TYP) SCALE: I" = 200' �• 0 100 200 400 JAN 0 5 Z005 NOTE: ALL ELEVATIONS ARE BASE ON FO HI 0 SITE LAYOUT PROPOSED ACTIVITY: MARINA THOMAS 5 HUTTON ENGINEERING CO. COUNTY' CRAVEN 935 HOUSTON NORTHCUTT BLVD.,SUITE 100 LOCATION: GALLOWAY ST MOUNT PLEASANT,SC 29464 DUCK CREEK PHONE:(843)849-0200 FAX:(843)849-0203 .... ,...w�«...� APPLICANT: BRIDGETON, NC DATE:RIVER SHEET 5 OF 19 MORE, LLC DATE: 9/3/04 REVISED: VO4/06 N:\16839\dwg\Permits\16839PO5.dwg Jan 04, 2005 - 8:51:17 HERMAN Gq EDWARDS o *',q} N 2 4 2005 FUTURE More ad City M DEVELOPMENT 1Y. x U W 50' BUFFER (TYP) PROP ED X PROPOSED `?.'•V.=+:'. • PROPE TY LINE/v x PROPERTY LINE + 404 WE AND o x BOUNDAR 404 WETLAND FTED WALKWAY (TYP) EWALK (TYP) INDIVIDUAL BOA IFTS (TYP) JAN U 5 2005 COASTAL WETLANDS 6' ED W WAY (TYP) TING DOCKS (TYP) rehead CitY aC� x RIVERSHORE, LLC 0 COASTAL X 'NE 50' BUFFER (TYP) x TLAND SCALE: I" = 200' 0 100 200 400 x = x o = o SITE LAYOUT PROPOSED ACTIVITY: MARINA THOMAS 9 HUTTON ENGINEERING CO. COUNTY: CRAVEN 935 HOUSTON NORTHCUTT BLVD..SUITE 100 LOCATION: GALLOWAY ST MOUNT PLEASANT,SC 29464 DUCK CREEK PHONE:(843)849-0200 FAX:(843)849-0203 .".th mo.- APPLICANT: BRIDGETON, NC SHEET 4 OF 19 DATE:RIVER HORE, LLC DATE: 9/3/04 REVISED: I/04/05 N:\16839\dwg\Permits\16839PO4.drg Jan 04, 2005 - 8:48:35 FUTURE DEVELOPMENT X 1 1 X 1 X � X X yy 1 in 9 $ Cn 0 �s r 0 W O & ' 0 N� PROPOSED " PROPERTY LINE/ ' r 404 WETLANDS - - BOUNDARY ` Na sx N `4 PROPOSED , .JAN 2 4 2005 PROPERTY LINE - N W WpapcKs�pNKs � Moosehead City [ACM COASTAL �P WETLANDS (TYP) L ONY {( Y } JAN 0 5 20 ,°•_°• •3Od,-0. O Forehead Ci 50 L ` TY SCALE: 1" = 100' Ire b 0 c a' 0 50 100 200 p m N 50 0 f m 1 X ( O lD 1 G O •� � o = � X 30,0. m o 0 s 1 UPLAND SITE LAYOUT PROPOSED ACTIVITY: MARINA THOMAS&HUTTON ENGINEERING CO. COUNTY: CRAVEN 935 HOUSTON NORTHCUTT BLVD.,SUITE 100 LOCATION: GALLOWAY ST MOUNT PLEASANT,SC 29464 DUCK CREEK PHONE:(843)849-0200 FAX:(843)849-0203 www.thomas-hutton.eom APPLICANT: RIVERSHORE, LLC BRIDGETON, NC SHEET 6 OF 19 DATE: 9/3/04 REVISED: V04103 N:\I6839\dwg\Permits\16839PO6.dwg Jan 04. 2005 - 8:51:45 Y Y o S0 0+ 301 PROPERTY LINE/ XPROPOSED o' c p 404 WETLANDS a' \ TYP. BOUNDAkY TYP � 1 o X ym f m 1 X r ° lO m 1 i o m o O 3T'-0• c O $N -- e-o• 00 TYP- 1 C pp m w ® O �//� P fmn O n 1. 1 0 X T,(p O TYP. Y uo e,_°• TYP. 'Lo TYP. 0 4'-0• O TC o E Y -1 m -5d -c C o m Y + o o Y O O OQ G m c > Y o X G ° © 1 (Y% � oo O Y r y_ > O O TYP. 1b+ N Y N 168'-19/ p Z X 0 Y Y .cn O O O mz cnO 'v� N YP. o It o a� O ' N X X LEVEL NORMAL WAT R Y 0 1 �p o O 30,0., © /^1 '77- LA / JAN 0 5 2005 DOCK N0. OF SLIPS (WET) X A 10 head City IVI X B 14 COASTAL C 14 WETLANDS', - + . d9 d .O D 6 ' e . E 12 • F 16 G 7 SCALE: I° = 1oo, JAN 2 4 200 � x; H 26 0 50 100 20( p AA Y . TOTAL 105 DWA Y �- MARINA SITE LAYOUT PROPOSED ACTIVITY: MARINA THOMAS 8.HUTTON ENGINEERING CO. COUNTY: CRAVEN 935 HOUSTON NORTHCUTT BLVD.,SUITE 100 LOCATION: GALLOWAY ST MOUNT PLEASANT,SC 29464 DUCK CREEK PHONE:(643)849-0200 FAX:(843)849-0203 www.thomos-hutton.com APPLICANT: RIVERSHORE, LLC BRIDGETON, NC SHEET 7 OF 19 DATE: 9/3/04 REVMM- V04105 N:\16839\dwg\Permits\16839PO7.dwg Jon 04, 2005 - 8:52:09 X PROPOSED a, PROPERTY LINE 404 WETLANDS O BOUNDARY X X COASTAL in WETLANDS X O O N o O p t CROSS SECTION O ' O o SEE PAGE 7 X 0 O _ i0 O r 0 X Ln m o A r>r. fA t LID o NORMAL WATER = = H Ln O LEVEL X m O = x c t O N N 't O L X X t I O 41 O X 0 JAN 2 4 2005 e. ad City DCR NOTE: ALL ELEVATIONS ARE BASED ON MSL FOR THIS LOCATION. O Y 1 SCALE: I° = 100' 0 50 100 200 Y. JAN 0 5 2005 MARINA SITE LAYOUT°ehead City DMI PROPOSED ACTIVITY: MARINA THOMAS&HUTTON ENGINEERING CO. COUNTY: CRAVEN 935 HOUSTON NORTHCUTT BLVD.,SUITE 100 LOCATION: GALLOWAY ST MOUNT PLEASANT,SC 29464 DUCK CREEK PHONE:(843)849-0200 FAX:(843)849-0203 www.thomos-hutton.com APPLICANT: RIVERSHORE, LLC BRIDGETON, NC SHEET 8 OF 19 DATE: 9/3/04 REVISED'V04105 N:\16839\dwg\Permits\16839POB.dwg Jan 04, 2005 - 8:52:30 PPROXIMATE Y 449' ASIN INE BASIN 10 — - LINE 6' FIXED TIMBER WALKWAY 6 FIXED TIMBE I WALKWAY 150' BUFF R 8' FLOATING D CKS DOC 5 I I � 8' FLOATING DOCKS 8' FUELING AND PUMP OUT DOCK I 4' FLOATING DOCKS NWL EL 0 0 I COASTAL WETLANDS 0 COAS rAL �I I WETL NDS NOTE: ALL ELEVATIONS ARE BASED ON MSL FOR THIS LOCATION. I AP IROXIMATE --10 - STING GRADE ORIZONTAL SCALE: I" = 60' - - - -- -- - 0 30 60 120- -- --- - --- --- - of O o O 0 5 10 o O O o+ VERTICAL SCALE: 1 = 5' O' C_ N ro PROFILE fEAR PROPOSED ACTIVITY: '.P ( :. THOMAS 8 HUTTON ENGINEERING CO MARINA MARINA CROSS SEal0iN,, _ COUNTY: CRAVEN C_ - 935 HOUSTON NORTHCUTT BLVD., SUIT 0 0 �'"_y, MOUNT PLEASANT,SC 29464 JAN 0 5 2005 LOCATION: GALLOWAY ST `R ONE:(843)849-0200 FAX:(843)849-0203 DUCK CREEK rrr o1 .tAomarAutton.00 &tee m APPLICANT: 3 ` Morehead Ci RIVERSHORE, LLC BRIDGETON, NC I@�f•+ F 19 DATE: 9/3/04 REVISED: V04105 N:\I6839\dwg\Permits\16839PO9.dwg Jan 04. 2005 - 8:52:52 NAIL CAP TO POSTS 6'-0' W/30D GALV.NAILS INTO TOP RAIL EVERY 2'-0' RAIL CAP ROUTER ALL CORNERS FOR ROUNDED EDGE(TYP) 6 X 6 POST •EACH BENT GALV.CARRIAGE BOLT W/WASHERS(AT NUT 2'X 6'RAIL AND BOLTHEAD) 3'-6" 2 X 6 DECKING 6'MAX. SCAB SPLICE STRINGERS I HIGH STRENGTH GALV.BOLTS W/OGEE WASHERS(AT NUT AND BOLTHEAD) SPLIT CAPS O O O O O WEATHERTUFF TIMBER BOLTS W/NUT 9 OGEE WASHERS PILE TYPE AND DEPTH TO BE DETERMINED AT DESIGN 0 r - � C , A SCALE: 1" - 2' 0 1 2 4 JAN 2 4 2005 JAN 0 5 2005 Morehead City DCM Morehead City DCM 6' TIMBER WALKWAY SECTION PROPOSED ACTIVITY: MARINA COUNTY: CRAVEN THOMAS a HUTTON ENGINEERING CO. LOCATION: GALLOWAY ST 935 HOUSTON NORTHCUTT BLVD..SUITE 100 DUCK CREEK MOUNT PLEASANT.SC 29464 PHONE:(843)849-0200 FAX:(843)849-0203 APPLICANT: www.thomos-hutton.com RIVERSHORE, LLC BRIDGETON, NC SHEET 10 OF 19 DATE: 9/3/04 REVI6ED: VO4/05 N:\16839\dwg\Permits\16839PIO.dwg Jan 04, 2005 - 8:53:52 4x6 POST (TYP) ° ol 0 2X6 T.T. DECKING I 0 6'-0" WALKWAY JAN 2 4 2005 00 r JAN 0 5 2005 SCALE: 1" = 2' 0 1 2 4 Aorehead City DCi 6' TIMBER WALKWAY SECTION MARINA PROPOSED ACTIVITY: COUNTY: CRAVEN THOMAS 8;HUTTON ENGINEERING CO. LOCATION: GALLOWAY ST 935 HOUSTON NORTHCUTT BLVD.,SUITE 100 DUCK CREEK MOUNT PLEASANT,SC 29464 PHONE:(843)849-0200 FAX:(843)849-0203 APPLICANT: www.thomas-hutton.com RIVERSHORE, LLC BRIDGETON, NC SHEET 11 OF 19 DATE: 9/3/04 REVISED: VO4/06 N:\16839\dwg\Permits\16839PII.dwg Jan 04, 2005 - 8:54:12 FOR HINGE DOCK CONNECTION TIMBER STRINGERS (TYPICAL) CORRUGATED ALUMINUM PIPE FILLED W/ 2 LBS. OF URETHANE FOAM 2x6 TIMBER DECKING rf JAN 2 4 2005 Mr� j JAN 0 5 2005 Morehead City DC SCALE: I'I = 3' D 0 1.5 3 6 PILE LOCATION, SIZE AND DEPTH 6mw TO BE COORDINATED DURING DESIGN WITH CORRUGATED ALUMINUM FLOAT UNIT. FLOATING DOCK PLAN VIEW PROPOSED ACTIVITY: MARINA COUNTY: CRAVEN THOMAS a HUTTON ENGINEERING CO. LOCATION: GALLOWAY ST 935 HOUSTON NORTHCUTT BLVD.,SUITE 100 DUCK CREEK MOUNT PLEASANT,SC 29464 PHONE:(843)849-0200 FAX:(843)649-0203 APPLICANT: www.thomas-hutton.com RIVERSHORE, LLC BRIDGETON, NC SHEET 12 OF 19 DATE: 9/3/04 REwsew v04/05 N:\16839\dwg\Permits\16839P12.dwg Jan 04, 2005 - 8:54:33 4'-0"/6'-0"/B'-O" FLOATING DOCK PILE LOCATION, SIZE AND DEPTH TO BE COORDINATED DURING DESIGN WITH CORRUGATED ALUMINUM FLOAT UNIT. "ELI" i a JAN 2 4 2005 JAN 0 5 2005 NOT TO SCALE Morehead City DChiW orehead City DCAl FLOATING DOCK SECTION MARL ASED ACTIVITY: COUNTY: CRAVEN THOMAS 8 HUTTON ENGINEERING CO. LOCATION: GALLOWAY ST 935 HOUSTON NORTHCUTT BLVD.,SUITE 100 DUCK CREEK MOUNT PLEASANT,SC 29464 PHONE:(843)849-0200 FAX:(843)849-0203 APPLICANT: www.thomas-hutton.com RIVERSHORE, LLC BRIDGETON, NC SHEET 13 OF 19 DATE: 9/3/04 REVI6ED: 1/04/06 N:\16839\dwg\Permits\16839P13.dwg Jan 04, 2005 - 8:54:57 ALUMINUM CHANNEL CARRIER BEAM I I I I I 4'-0" FLOATING DOCK CABLE I I ICRADLE BEAM I JAN 2 4 2005 Morehead City DC PILE LOCATION, SIZE AND DEPTH TO BE COORDINATED DURING DESIGN WITH CORRUGATED ALUMINUM FLOAT UNIT AND BOAT LIFT MANUFATURER. SCALE: 1" = 31 0 1.5 3 6 .IAN 0 5 i ii ug,lhead Ci BOAT LIFT SECTION PROPOSED ACTIVITY: MARINA COUNTY: CRAVEN THOMAS 9 HUTTON ENGINEERING CO. LOCATION: GALLOWAY ST 935 HOUSTON NORTHCUTT BLVD.,SUITE 100 DUCK CREEK MOUNT PLEASANT,SC 29464 PHONE:(843)849-0200 FAX:(843)849-0203 APPLICANT: www.thomas-hutton.com RIVERSHORE, LLC BRIDGETON, NC SHEET 14 OF 19 DATE: 9/3/04 Rewsea y04105 N:\16839\dwg\Permits\16839PI4.dwg Jan 04, 2005 - 8:55:17 5 0' 6 MARINA FORKLIFT OPERATION AREA 4 HIGHLAND PILES I - - - - - - � I EDGE OF COASTAL WETLANDS 2 APPROXIMATE EXISTING GRAD:' I COASTAL _ - -�iC- --COgSIQ L- WETLANDS WETLANDS 0 -2 O HORIZONTAL SCALE: I" = 10' --t NOTE: JINED LAB AND PILING DESIGN CRITERIATO BE CD `~ E' DETER DURING DESIGN PHASE 0 5 10 20 = ALL EVATIONS ARE BASED ON MSL FORTHIS LOCATION. CD 0 2 4 � VERTICAL SCALE: I" = 2' CROSS SECRON-A 1PROPOSED ACTIVITY: �-71� 'MARINA FORKLIFT OPERATION AREA° � 935 H0 STON NORTHCUTT6BLVD..SUITE 100 JAN 0 5 2005 COUNTY: CRAVEN - MOUNT PLEASANT,SC 29464 LOCATION: GALLOWAY ST IPHONE:(843)849-0200 FAX: (843)849-0203 DUCK CREEK www.thomos-hutton.com Morehead City [)C APPLICANT: BRIDGETON, NC SHEET 15 OF 19 DATE:RIVER HORE, LLC DATE: 9/3/04 , ,, V04105 N:\I6839\dwg\Permits\16839P15.dwg Jon 04, 2005 - 8:55:40 50' I i MARINA FORKLIFT OPERATION AREA 4 i 2 PILES I I I I � NWL EL 0. I I I -2 APPROXIMATE EXISTING GRADE -4 _---- HORIZONTAL SCALE: 1" = 10' 0 5 10 20 NOT SLAB AND PILING DESIGN CRIT RIA TO BE DETERMINED DURING )ESIGN PHASE I ALL ELEVATIONS ARE BASE ON MSL FORT IS LOCATION. I 0 2" 4 j I VERTICAL SCALE:& 2' 1 mill 3_-1 PROFILE S, CTION B ;- PROPOSED ACTIVITY: MARINA W FORKLIFT OPON AREA 935 THOMAS HOUSTON NORTTHC ENGINEERING CO. COUNTY: CRAVEN ENGINEERING BLVD.,SUITE 100 JAN 0 5 2005 O MOUNT PLEASANT, SC 29464 LOCATION: GALLOWAY ST PHONE:(843)849-0200 FAX:(843)849-0203 � DUCK CREEK .ww.thomas-Autton.eom Morehead City RIVERSHO E, LLC BRIDGETON, IBC SHEET 16 OF 19 DATE: 9/3/04 REvISc: vo+/oa N:\16839\dwg\Permits\16839P16.dwg Jan 04, 2005 - 8:55:56 APPROXIMATE HEIGHT EXACT HEIGHT TO BE DETERMINED DURIN3 DESIGN 16 5 ' BUFFER 12 MARINA OFFICE I 40' S ASH RACK FUEL T NKS DRIVEWAY FIFE: 5.0 —— — — — — — — — — — —— — — — — — — — — — — — — — — — —— — 4 AFPROXIMATE EXISTING GRADE E EV 4.5 0 - O NOTEn AL ELELVATI,ONS ARE B SED ON MtL FOR THI LOCATIO oORIZON15AL SC SLOE: I" = 30' 60 l l � z 3> 4' 0 4 8 ---,r, VERTICAL SCALE: I" = CROSS SECTION C PROPOSED ACTIVITY: MARINA T 8 J ;HOMAS HUTTON ENGINEERING CO. AN 0 5 2005 COUNTY: CRAVEN DRY STACK AREA 935 HOUSTON NORTHCUTT BLVD., SUITE 100 MOUNT PLEASANT,SC 29464 LOCATION: GALLOWAY ST PHONE:,(843)849-0200 FAX:(843)849-0203Morehead Cit DUCK CREEK .—th--hutt—.— CM APPLICANT: RIVERSHORE, LLC BRIDGETON, NC SHEET 17 OF 19 DATE: 9/3/04 REVISED: V04105 N:\I6839\dvg\Permits\16839P17.dvg Jon 04, 2005 - 8:56:24 i APPROXIMATE HEIGHT EXAC HEIGHT TO BE I I DETERMINED DURIN3 DESIGN 64 5 ' BUFFER 1404 12 WETLAND DRY STACK DRYSTACK (5 HIGH) (5 HIGH 35' 35' • 17' ARKING 8 • 24' OADWAY I I FFE: 0 65' FORKLIFT DRIVEWAY FFE: 0 -- - - - - -- - - - - - - - - --- -- - - - - - - -- - - - 4 APPROXIMATE EXISTING GRADE E EV 4.5 NOTE: THE DIMEN IONS OFT E DRYSTA K BUILDIN S 0 ARE A4ROXIMAT8 AND TO BE DETERMINED DURING DESIGN. ALL ELEVATIONS ARE BASED ON MSL F R THIS LOCATION. HORIZONTAL SCALE: 1" = 30' 0 15 30 60 0 4 8 VERTICAL SCALE: I" = 4' CROSS SECTION D PROPOSED ACTIVITY: �(�05 JAN 0 5 2005 MARINA � THOMAS d HUTTON ENGINEERING CO. COUNTY: CRAVEN DRY STACK jA R E A AN N -' 935 HOUSTON NORTHCUTT BLVD.,SUITE 100 MOUNT PLEASANT,SC 29464 LOCATION: GALLOWAY ST (843)849-0200 FAX:(843)849-0203 DUCK CREEK rehead City D`C —Aho—s-hotton.eom Morehead City DC APPLICANT: SHEET 18 OF 19 RIVERSHORE. LLC BRIDGETON, DATE: 9/3/04 Wes,, VO410 N:\16839\dvg\Permits\16839P18.drg Jan 04, 2005- 8:56:47 GRASS GRASS SHOULDER 12' DRIVE 12' DRIVE SHOULDER 6 I EE —— —— — — —— —— — — — — — — —— —— —— — —— —— — —— — ———— — — 4 ----7 011-- AIR IROXIMATE EXISTING GRADE CRO S SECTION E 17' PARKING 12' DRIVE 12' DRIVE I 17' PARKIN 6 1 4 APPROXIMATE EXISTING GRADE HORIZONTAL SCALE: 1" = 10' 0 5 10 20 NOTE: ALL ELEVATIONS ARE BASED ON MSL FOR THIS LOCATION. CROSS SEC 1 - 0 2 4 I F' VERTICAL SCALE: 1" = 2' CROSS SECTIONS E & F .BAN 0 5 2005 PROPOSED ACTIVITY: MARINA THOMAS 5 HUTTON ENGINEERING CO. COUNTY: CRAVEN ROAD AND 0 V Frn 1FnI�j{A.�'R K I N G 935 HOUSTON NORTHCUTT BLVD.,SUITE 100 ,J/-i iq�0v / MOUNT PLEASANT,SC 29464 OCATION: GALLOWAY ST Morehead City C� PHONE:(843)849-0200 FAX:(843)849-0203 DUCK CREEK r r r.t h o m—h o t t o n.c o m ��llJ�(n� APPLICANT: BRIDGETDNread City DCM SHEET 19 OF 19 DATES• 9/3/04 C Rewaeo: vos/oa N:\I6839\drg\Permits\16839PI9.drg Jan 04, 2005- 8:57:07 DIVISION OF COASTAL MANAGEMENT 9P APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT:Rivershore,LLC County: Craven LOCATION OF PROJECT: Southern terminus of SR 1609(Galloway Street)near Bridget DATE APPLICATION RECEIVED COMPLETE BY FIELD: 01/05/05 FIELD RECOMMENDATION: Attached:No To Be Forwarded:Yes .JAN 2 4 2005 CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES FIELD REPRESENTATIVE: Stephen Lane DISTRICT OFFICE:Morehead\ Morehead City DCM DISTRICT MANAGER REVIEW: B) DATE APPLICATION RECEIVED IN RALEIGH: FEE REC'D: PUBLIC NOTICE REC'D: it Z.5 0 END OF NOTICE DATE: IZ�js'/o ADJ. RIP.PROP NOTICES RECD: DEED RECD: APPLICATION ASSIGNED TO: uc pye/I ON: C) 75 DAY DEADLINE: 011,, 145- 150 DAY DEADLINE: V&k qZ05 MAIL OUT DATE: STATE DUE DATE: FEDERAL DUE DATE: FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE OBJECTION NOTES COMMENTS S: RETURNED YES NO Coastal Management-Regional Representative 2/2) Coastal Management-LUP Consistency 2�zS�or Division of Community Assistance �� ry Land Quality Section 1It,5 ` Division of Water Quality 3 ' S"O5 ° /�o NO Storm Water Management(DWQ) C on.:ti State Property Office Division of Archives&History ?-$ 65 Division of Environmental Health 1/ y I b S Division of Highways e Wildlife Resources Commission 1/ c,,, „k3 Division.of Water Resources Division of Marine Fisheries Submerged Lands(DMF) t �QF W A TF90 Michael F.Easley,Governor �0 G William G.Ross Jr.,Secretary Cq r nment and Natural Resources .� an W.Klimek,P.E.Director Division of Water Quality May 1 P,2 07 MAY 2 1 2007 DWQ Project# 06-1931 Morehead City DCM Craven County Rivershore Properties,LLC Attn: Ross Beebe 240 Craven Street New Bern,NC 28560 Subject Property: Rivershore Neuse River, 030410, 27-(104),NSW, SB, Sw Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River Buffer Protection Rules(15A NCAC 2B.0233)with Additional Conditions Dear Mr. Beebe: You have our approval, in accordance with the attached conditions and those listed below,to place fill within or otherwise impact 0.17 acres of wetlands for the purpose of a road crossing at the subject property, as described within your application received by the N.C. Division of Water Quality(DWQ)on December 19, 2006. After reviewing your application,we have decided that the impacts are covered by General Water Quality Certification Number(s)3627 (GC3627). The Certification(s)allows you to use Nationwide Permit(s) 14 when issued by the US Army Corps of Engineers(USACE). This letter shall also act as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B .0233. In addition,you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including(but not limited to)Erosion and Sediment Control, and Non-discharge regulations. Also,this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is for the purpose and design that you described in your application. If you change your project,you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project(now or in the future)exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506(h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification(or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: North Carolina Division of Water Quality Internet h2o.enr.state.nc.us 943 Washington Square Mall Phone: 252-946-6481 One Washington,NC 27889 FAX 252-946-9215 NofthCarohna An Equal Opportunity/Affirmative Action Employer—50%Recycled110%Post Consumer Paper ;Vaturally_ Applicant: Page 2 of 3 Date: girt f r. s Amount Approved Units Plan Location or Reference Stream na (feet) na 404/CAMA Wetlands 0.17 (acres) Plat provided with application Waters na acres na Buffers na na 2. Erosion& Sediment Control Practices Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation,operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed,the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites,borrow sites, and waste pile(spoil)projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites,the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 3. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids,or fill of any kind shall occur in wetlands,waters, or riparian areas beyond the footprint of the impacts depicted in the Pre-Construction Notification. All construction activities, including the design, installation,operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 4. No Sediment&Erosion Control Measures w/n Wetlands or Waters Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable,they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project. 5. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications,the applicant is required to return the attached certificate of completion to the 401 Oversight/Express Review Permitting Unit,North Carolina Division of Water Quality, 1650 Mail Service Center,Raleigh,NC, 27699-1650. Applicant: Page 3 of 3 Date: 6. Diffuse Flow(Review) All constructed stormwater conveyance outlets shall be directed and maintained to flow in a diffuse manner at non-erosive velocities through the entire protected stream buffers without re- concentrating. If this is not possible it may be necessary to provide stormwater facilities that are considered to remove nitrogen.Additionally, a stormwater management plan for this project shall be provided to this Office before any of the impacts approved herein are conducted.The plan shall specify all stormwater discharge points,plan details, and calculations to indicate that diffuse flow through the protected buffers or nitrogen removal as described above will be achieved. 7. Deed Notifications Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and protective buffers in order to assure compliance for future wetland,water and buffer impact. These mechanisms shall be put in place prior to impacting any wetlands,waters and/or buffers approved for impact under this Certification Approval and Authorization Certificate. A sample deed notification can be downloaded from the 401/Wetlands Unit web site at http://h2o.enr.state.ne.us/ncwetlands. The text of the sample deed notification may be modified as appropriate to suit to this project. 8. Culvert Installation Culverts required for this project shall be installed in such a manner that the original stream profiles are not altered. Existing stream dimensions(including the cross section dimensions,pattern, and longitudinal profile)must be maintained above and below locations of each culvert. Culverts shall be designed and installed to allow for aquatic life movement as well as to prevent head cutting of the streams. If any of the existing pipes are or become perched,the appropriate stream grade shall be re- established or, if the pipes installed in a perched manner,the pipes shall be removed and re-installed correctly. Culvert(s)shall not be installed in such a manner that will cause aggradation or erosion of the stream up or down stream of the culvert(s). Existing stream dimensions(including the cross section dimensions,pattern and longitudinal profile)shall be maintained above and below locations of each culvert.Therefore,you must provide plans with adequate details that indicate that the current stability of the stream will be maintained or enhanced.You must receive written approval from this Office for the above plans before the culvert(s) is installed. Culvert(s)must be installed according to approved plans. Placement of culverts and other structures in waters, streams, and wetlands must be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches,to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis- equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium shall be maintained if requested in writing by DWQ. The establishment of native,woody vegetation and other soft stream bank stabilization techniques must be used where practicable instead of rip rap or other bank hardening methods. If rip-rap is necessary, it shall not be placed in the stream bed, unless specifically approved by the Division of Water Quality. Applicant: Page 4 of 3 Date: Installation of culverts in wetlands must ensure continuity of water movement and be designed to adequately accommodate high water or flood conditions. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification(associated with the approved wetland or stream impacts),you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition,which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. Any disputes over determinations regarding this Authorization Certificate(associated with the approved buffer impacts)shall be referred in writing to the Director for a decision. The Director's decision is subject to review as provided in Articles 3 and 4 of G.S. 150B. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act and the Tar-Pamlico riparian buffer protection rule as described within 15A NCAC 2B .0259. If you have any questions,please telephone Kyle Barnes of the Washington Regional Office at 252-948-3917 or Ian McMillan of the 401 Oversight/Express Unit at 919-715-4631. Sincerely, Al Hodge/Supervisor Division of Water Quality Surface Water Protection Washington Regional Office Enclosures: Certificate of Completion GC 3627 cc: Corps of Engineers Washington Field Office DWQ 401 Oversight/Express Unit CAMA, Morehead Office File copy Central Files Filename: 06-1931 WQC #3627 GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS NATIONWIDE PERMIT NUMBER 14(ROAD CROSSINGS) AND REGIONAL GENERAL PERMIT 198200031 (WORK ASSOCIATED WITH BRIDGE CONSTRUCTION, MAINTENANCE OR REPAIR CONDUCTED BY NCDOT OR OTHER GOVERNMENT AGENCIES) AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES) This General Certification is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality(DWQ) Regulations in 15A NCAC 2H, Section .0500 and 15A NCAC 2B .0200 for the discharge of fill material to waters and adjacent wetland areas or to wetland areas that are not a part of the surface tributary system to interstate waters or navigable waters of the United States (i.e., isolated wetlands)as described in 33 CFR 330 Appendix A(B)(14)of the Corps of Engineers regulations (Nationwide Permit No. 14 and Regional General Permit 198200031)and for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 2B .0200. The category of activities shall include any fill activity for road crossings and is limited to fill less than one-third acre in tidal waters and less than one-half acre in non-tidal waters. This Certification replaces Water Quality Certification Number 2177 issued on November 5, 1987,Water Quality Certification Number 2666 issued on January 21, 1992,Water Quality Certification Number 2732 issued on May 1, 1992, Water Quality Certification Number 3103 issued on February 11, 1997,Water Quality Certification Number 3289 issued on June 1, 2000 and Water Quality Certification Number 3375 issued March 18, 2002 and WQC 3404 issued March 28, 2003. This WQC is rescinded when the Corps of Engineers re-authorizes Nationwide Permit 14 or Regional General Permit 198200031 or when deemed appropriate by the Director of DWQ. The State of North Carolina certifies that the specified category of activity will not violate applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 if conducted In accordance with the conditions hereinafter set forth. Conditions of Certification: 1. Enumerating and Reporting of Impacts: • Streams - Impacts to streams as determined by the Division of Water Quality shall be measured as length of the centerline of the normal flow channel. Permanent and/or temporary stream impacts shall be enumerated on the entire project for all impacts regardless of which 404 Nationwide Permits are used. Stream relocations and stream bed and/or bank hardening are considered to be permanent stream impacts.Any activity that results in a loss of use of stream functions including but not limited to filling, relocating, flooding, dredging and complete shading shall be considered stream impacts. Enumeration of impacts to streams shall include streams enclosed by bottomless culverts, bottomless arches or other spanning structures when a 404 Permit is used anywhere in a project unless the entire structure (including construction impacts) spans the entire bed and both banks of the stream, is only used for a road, driveway or path crossing, and is not mitered to follow the stream pattern. Impacts for dam footprints and flooding will count toward the threshold for stream impacts, but flooding upstream of the dam will not (as long as no filling, excavation, relocation or other modification of the existing stream dimension, pattern or profile occurs)count towards mitigation requirements. • Wetlands - Impacts to wetlands as determined by the Division of Water Quality shall be measured as area. Permanent and/or temporary wetland impacts shall be enumerated on the entire project for all impacts regardless of which 404 Nationwide Permits are used. Any activity that results in a loss of use of wetland functions including but not limited to tilling, draining, and tooling snail oe considered we[iand impacts. Enumeration of impacts to wetlands shall include activities that change the hydrology of a wetland when a 404 Permit is used anywhere in a project. WQC #3627 • Lakes and Ponds—Lake and Pond Impacts Enumeration-Impacts to waters other than streams and wetlands as determined by the Division of Water Quality shall be measured as area. Permanent and/or temporary water impacts shall be enumerated on the entire project for all impacts proposed regardless of which 404 Nationwide Permits are used.Any activity that results in a loss of use of aquatic functions including but not limited to filling and dredging shall be considered waters impacts; 2. Proposed fill or substantial modification of wetlands or waters(including streams)under this General Certification requires application to and prior written concurrence from the Division of Water Quality; 3. Application to and payment of a fee to DWQ is not required for construction of a driveway to a single family lot as long as the driveway impacts less than 25 feet of stream channel including any in-stream stabilization needed for the crossing; 4. Impacts to any stream length in the Neuse,Tar-Pamlico or Randleman River Basins (or any other major river basins with Riparian Area Protection Rules[Buffer Rules] in effect at the time of application)requires written concurrence for this Certification from DWQ in accordance with 15A NCAC 2B.0200. Activities listed as"exempt"from these rules do not need to apply for written concurrence under this Certification. New development activities located in the protected 50-foot wide riparian areas(whether jurisdictional wetlands or not) within the Neuse and Tar-Pamlico River Basins shall be limited to"uses"identified within and constructed in accordance with 15A NCAC 2B .0200. All new development shall be located, designed, constructed, and maintained to have minimal disturbance to protect water quality to the maximum extent practicable through the use of best management practices; 5. Irrespective of other application thresholds in this General Certification, all impacts to perennial waters and their associated buffers require written approval from DWQ since such impacts are allowable as provided in 15A NCAC 2B. 0212 (WS-1),213 .0213 (WS-II), 2B .0214 (WS-III)and 2B .0215(WS-IV). Only water dependent activities, public projects and structures with diminimus increases in impervious surfaces will be allowed as outlined in those rules. All other activities require a variance from the delegated local government and/or the NC Environmental Management Commission before the 401 Water Quality Certification can be processed. In addition,a 30 foot wide vegetative buffer for low density development or a 100 foot wide vegetative buffer for high density development must be maintained adjacent to all perennial waters except for allowances as provided under the Water Supply Watershed Protection Rules. For the purposes of this condition, perennial waters are defined as those shown as perennial waters on the most recent USGS 1:24,000 topographic map or as otherwise determined by local government studies; 6. Additional site-specific stormwater management requirements may be added to this Certification at DWQ's discretion on a case by case basis for projects that have or are anticipated to have impervious cover of greater than 30 percent. Site-specific stormwater management shall be designed to remove 85%TSS according to the latest version of DWQ's Stormwater Best Management Practices manual at a minimum. Additionally, in watersheds within one mile and draining to 303(d)listed waters,as well as watersheds that are classified as nutrient sensitive waters (NSW),water supply waters (WS), trout waters Jr), high quality waters (HQW), and outstanding resource waters (ORW), the Division shall require that extended detention wetlands, bio-retention areas, and ponds followed by forested filter strips(designed according to latest version of the NC DENR Stormwater Best Management Practices Manual)be constructed as part of the stormwater management plan when a site-specific stormwater management plan is required. 1 WQC #3627 Alternative designs may be requested by the applicant and will be reviewed on a case-by- case basis by the Division of Water Quality. Approval of stormwater management plans by the Division of Water Quality's other existing state stormwater programs including appropriate local programs are sufficient to satisfy this Condition as long as the stormwater management plans meet or exceed the design requirements specified in this condition.This condition applies unless more stringent requirements are in effect from other state water quality programs. • Unless specified otherwise in the approval letter,the final,written stormwater management plan shall be approved in writing by the Division of Water Quality's Wetlands Unit before the impacts specified in this Certification occur. • The facilities must be designed to treat the runoff from the entire project,unless otherwise explicitly approved by the Division of Water Quality. • Also, before any permanent building or other structure is occupied at the subject site, the facilities(as approved by the Wetlands Unit)shall be constructed and operational, and the stormwater management plan (as approved by the Wetlands Unit)shall be implemented. • The structural stormwater practices as approved by the Wetlands Unit as well as drainage patterns must be maintained in perpetuity. • No changes to the structural stormwater practices shall be made without written authorization from the Division of Water Quality. 7. Compensatory stream mitigation shall be required at a 1:1 ratio for not only perennial but also intermittent stream impacts that require application to DWQ in watersheds classified as ORW, HQW,Tr,WS-1 and WS-II unless the project is a linear, publicly-funded transportation project, which has a 150-foot per-stream impact allowance; 8. In accordance with North Carolina General Statute Section 143-215.3D(e), any application for a 401 Water Quality Certification must include the appropriate fee. If a project also requires a CAMA Permit,one payment to both agencies shall be submitted through the Division of Coastal Management and will be the higher of the two fees; 9. In accordance with 15A NCAC 2H .0506(h)compensatory mitigation may be required for impacts to 150 linear feet or more of streams and/or one acre or more of wetlands. For linear public transportation projects, impacts equal to or exceeding 150 feet per stream may require mitigation. In addition, buffer mitigation may be required for any project with Buffer Rules in effect at the time of application for buffer impacts resulting from activities classified as "allowable with mitigation"within the"Table of Uses"section of the Buffer Rules or require a variance under the Buffer Rules. A determination of buffer,wetland and stream mitigation requirements shall be made for any Certification for this Nationwide Permit. The most current design and monitoring protocols from DWQ shall be followed and written plans submitted for DWQ approval as required in those protocols. When compensatory mitigation is required for a project,the mitigation plans must be approved by DWQ in writing before the impacts approved by the Certification occur, unless otherwise specified in the approval letter. The mitigation plan must be implemented and/or constructed before any permanent building or structure on site is occupied. In the case of public road projects,the mitigation plan must be implemented before the road is opened to the travelling public. Projects may also be implemented once payment is made to a private mitigation bank or other in-lieu fee program, as specified in the written concurrence of 401 Certification for a project. Please note that if a stream relocation is conducted as a stream restoration as defined in The Infernal Technical Guide for Stream Work in North Carolina, April 2001, the restored length can be used as compensatory mitigation for the impacts resulting from the relocation; WQC #3627 10. For any project involving re-alignment of streams, a stream relocation plan must be included with the 401 application for written DWQ approval. Relocated stream designs should include the same dimensions, patterns and profiles as the existing channel,to the maximum extent practical. The new channel should be constructed in the dry and water shall not be turned into the new channel until the banks are stabilized.Vegetation used for bank stabilization shall be limited to native woody species, and should include establishment of a 30 foot wide wooded and an adjacent 20 foot wide vegetated buffer on both sides of the relocated channel to the maximum extent practical. A transitional phase incorporating coir fiber and seedling establishment is allowable. Also, rip-rap may be allowed if it is necessary to maintain the physical integrity of the stream, but the applicant must provide written justification and any calculations used to determine the extent of rip- rap coverage requested. If suitable stream mitigation is not practical on-site,then stream impact will need to be mitigated elsewhere; 11. Placement of culverts and other structures in waters, streams, and wetlands must be placed below the elevation of the streambed to allow low flow passage of water and aquatic life unless it can be shown to DWQ that providing passage would be impractical. Design and placement of culverts including open bottom or bottomless arch culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in aggradation, degradation or significant changes in hydrology of wetlands or stream beds or banks,adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium shall be maintained if requested to do so in writing by DWQ. Additionally,when roadways, causeways or other fill projects are constructed across FEMA-designated floodways or wetlands, openings such as culverts or bridges must be provided to maintain the natural hydrology of the system as well as prevent constriction of the floodway that may result in aggradation, degradation or significant changes in hydrology of streams or wetlands; 12, That appropriate sediment and erosion control practices which equal or exceed those outlined in the most recent version of the"North Carolina Sediment and Erosion Control Planning and Design Manual"or the"North Carolina Surface Mining Manual"whichever is more appropriate(available from the Division of Land Resources (DLR)in the DENR Regional or Central Offices)shall be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to assure compliance with the appropriate turbidity water quality standard; 13. All sediment and erosion control measures placed in wetlands and waters shall be removed and the original grade restored within two months after the Division of Land Resources has released the project; 14. That additional site-specific conditions may be added to projects proposed under this Certification in order to ensure compliance with all applicable water quality and effluent standards; 15. Measures shall be taken to prevent live or fresh concrete from coming into contact with freshwaters of the state until the concrete has hardened; 16. If an environmental document is required, this Certification is not valid until a Finding of No Significant Impact(FONSI)or Record of Decision (ROD) is issued by the State Clearinghouse; 17. If this Certification is used to access building sites, all lots owned by the applicant must be buildable without additional fill beyond that explicitly allowed under other General WQC #3627 Certifications. For road construction purposes,this Certification shall only be utilized from natural high ground to natural high ground; 18. When written concurrence is required, the applicant is required to use the most recent version of the Certification of Completion form to notify DWQ when all work included in the 401 Certification has been completed; 19. Concurrence from DWQ that this Certification applies to an individual project shall expire three years from the date of the cover letter from DWQ or on the same day as the expiration date of the corresponding Nationwide Permit 14 or Regional General Permit 198200031,whichever is sooner. Non-compliance with or violation of the conditions herein set forth by a specific fill project may result in revocation of this Certification for the project and may also result in criminal and/or civil penalties. The Director of the North Carolina Division of Water Quality may require submission of a formal application for Individual Certification for any project in this category of activity that requires written concurrence under this certification, if it is determined that the project is likely to have a significant adverse effect upon water quality or degrade the waters so that existing uses of the wetland or downstream waters are precluded. Public hearings may be held for specific applications or group of applications prior to a Certification decision if deemed in the public's best interest by the Director of the North Carolina Division of Water Quality. Effective date: 19 March 2007 DIVISION OF WATER QUALITY By d&,-- 4,4,� Alan W. Klimek, P.E. Director WQC#3627 r Certification of Completion DWQ Project No.: County: Applicant: Project Name: Date of Issuance of Wetland Permit: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWQ by the applicant, the applicant's authorized agent,or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, ,hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Agent's Certification 1, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules,the approved plans and specifications, and other supporting materials. Signature: Date: If this project was designed by a Certified Professional I, , as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Registration No. Date r ��F W A�F9p Ifidtad F.Easley,Gotrmor o `0 G William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources M .� Alan W.Klimek,P.E.Director Division o er Quality May 19, 2005 Mr. Duncan Newkirk, Manager Big Cypress Land & Development Company, LLC PO Box 746 Mt. Pleasant, SC 29465-0746 0�Q' v 19�� Subject: Stormwater Permit No. SW70,5 508 � Rivershore Marina / 1 High Density Project Dear Mr. Newkirk: 0 - Craven County The Washington Regional Office received a complete Stormwater Management Permit Application for Rivershore Marina on May 19, 2005. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW7050508 dated May 19, 2005, for the construction of the subject project. This permit shall be effective from the date of issuance until May 19, 2015, and shall be subject to the conditions and limitations as specified therein. Please pay special attention to the Operation and Maintenance requirements in this permit. Failure to establish an adequate system for operation and maintenance of the stormwater management system will result in future compliance problems. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611- 7447. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact Scott Vinson, or me at (252) 946-6481. Sincerely, kAlLodge. Regional Supervisor Surface Water Protection Section AH/sav: C:\STORMWATER\PERMIT\SW7050508 cc: Pete Chiles, PE Vraven County Building Inspections oug Huggett, DCM — Morehead Washington Regional Office Central Files -rr ,l"atur, North Carolina Division of Water Qualit% Washington Regional Office Phone(252)946-6451 FA.\(252)946-9215 Customer se—vice internet: h2o.enrstate.nc.us 943 Washington Square Ma1L Washington.NC 27889 i-S---62 -6-4£ hid. ... `�%� . ... • � - . � - �. .. .. M State Stormwater Management Systems Permit No. SW7 050508 M STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Big Cypress Land & Development Company, LLC Rivershore Marina Craven County FOR THE construction, operation and maintenance of a wet detention basin in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. This permit shall be effective from the date of issuance until May 19, 2015, and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS 1. This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This stormwater system has been approved for the management of stormwater runoff as described in Section 1.6 on page 3 of this permit. The stormwater control has been designed to handle the runoff from 175,111 square feet of impervious area. 3. The tract will be limited to the amount of built-upon area indicated on page 3 of this permit, and per approved plans. The built-upon area for the future development is limited to 72,614 square feet. 4. All stormwater collection and treatment systems must be located in either dedicated common areas or recorded easements. The final plats for the project will be recorded showing all such required easements, in accordance with the approved plans. 5. The runoff from all built-upon area within the permitted drainage area of this project must be directed into the permitted stormwater control system. Page 2 of 7 State Stormwater Management Systems Permit Na. SW7 050508 6. The following design criteria have been provided in the wet detention pond and must be maintained at design condition: a. Drainage Area, acres: 7.979 b. Total Impervious Surfaces ft2: 175,114 On-site Buildings, ft�. 48,612 On-site Streets, ft2: 39,736 On-site Parking, ft2: 14,152 On-site Future, ft2: 72,614 C. Design Storm, inches: 1.0 d. Pond Depth, feet: 4.0 e. TSS removal efficiency: 85% f. Permanent Pool Elevation, FMSI : 3.0 g. Permanent Pool Surface Ares, ft : 12,257 h. Permitted Storage Volume, ft . 14,589 i. Temporary Storage Elevation, FMSL: 4.1 j. Controlling Orifice: 1.5" 0 pipe k. Permitted Forebay Volume, ft3. 4,745 I. Receiving Stream/River Basin: Duck Creek / Neuse M. Stream Index Number: 27-103 n. Classification of Water Body: "SC; Sw, NSW' II. SCHEDULE OF COMPLIANCE 1. The stormwater management system shall be constructed in its entirety, vegetated and operational for its intended use prior to the construction of any built-upon surface. 2. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 3. The permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. C. Mowing and revegetation of slopes and the vegetated filter. d. Immediate repair of eroded areas. e. Maintenance of all slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of outlet structure, orifice device, flow spreader, catch basins and piping. g. Access to the outlet structure must be available at all times. 4. Records of maintenance activities must be kept and made available upon request to authorized personnel of DWQ. The records will indicate the date, activity, name of person performing the work and what actions were taken. 5. Decorative spray fountains will be allowed in the stormwater treatment system, subject to the following criteria: a. The fountain must draw its water from less than 2' below the permanent pool surface. b. Separated units, where the nozzle, pump and intake are connected by tubing, may be used only if they draw water from the surface in the deepest part of the pond. c. The falling water from the fountain must be centered in the pond, away from the shoreline. d. The maximum horsepower for a fountain in this pond is 1/8 horsepower. Page 3 of 7 State Stormwater Management Systems Permit No:SW7 050508 .� 6. The facilities shall be constructed as shown on the approved plans. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 7. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. A modification may be required for those deviations. 8. If the stormwater system was used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility. 9. Access to the stormwater facilities shall be maintained via appropriate easements at all times. 10. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to any item shown on the approved plans, including the stormwater management measures, built-upon area, details, etc. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built-upon area or to the drainage area. e. Further subdivision, acquisition, lease or sale of all or part of the project area. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval or a CAMA Major permit was sought. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 11. The permittee shall submit final site layout and grading plans for any permitted future areas shown on the approved plans, prior to construction. 12. A�,copy of the approved plans and specifications shall be maintained on file by 'the Perm l ifee for a minimum i� of ten years from the date of the completion of construction. 13. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. 14. This permit shall be effective from the date of issuance until May 19, 2015. Application for permit renewal shall be submitted 180 days prior to the expiration date of this permit and must be accompanied by the processing fee. Page 4of7 State Stormwater Management Systems Permit*No_ SW7 050508 III. GENERAL CONDITIONS 1. This permit is not transferable except after notice to and approval by the Director. In the event of a change of ownership, or a name change, the permittee must submit a formal permit transfer request to the Division of Water Quality, accompanied by a completed name/ownership change form, documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits and may or may not be approved. The permittee is responsible for compliance with all permit conditions until such time as the Division approves the transfer request. 2. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. 3. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other government agencies (local, state, and federal) having jurisdiction. 4. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. 5. The permittee grants DENR Staff permission to enter the property during normal business hours for the purpose of inspecting all components of the permitted stormwater management facility. 6. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance or termination does not stay any permit condition. 7. Unless specified elsewhere, permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 8. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 9. The permittee shall notify the Division of any name, ownership or mailing address changes within 30 days. Permit issued this the 19th day of May, 2005. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION 1 � Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission 1 Page 5 of 7 State Stormwater Management Systems Permit No. SW7 050508 M Rivershore Marina Stormwater Permit No. SW7050508 Craven County Designer's Certification I, as a duly registered in the State of North Carolina, having been authorized to observe (periodically/ weekly/ full time) the construction of the project, (Project) for (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. The checklist of items on page 2 of this form is included in the Certification. Noted deviations from approved plans and specification: SEAL Signature Registration Number Cate Page 6 of 7 k r State Stormwater i,� ,nagemc t Systems Permit No. SW7 050508 M Certification Requirements: 1. The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to the system contains no more than the permitted amount of built-upon area. 3. All the built-upon area associated with the project is graded such that the runoff drains to the system. 4. All roof drains are located such that the runoff is directed into the system. 5. The outlet/bypass structure elevations are per the approved plan. 6. The outlet structure is located per the approved plans. 7. Trash rack is provided on the outlet/bypass structure. 8. All slopes are grassed with permanent vegetation. 9. Vegetated slopes are no steeper than 3.1. 10. The inlets are located per the approved plans and do not cause short- circuiting of the system. 11. The permitted amounts of surface area and/or volume have been provided. 12. Required drawdown devices are correctly sized per the approved plans. 13. All required design depths are provided. 14. All required parts of the system are provided, such as a vegetated shelf, and a forebay. 15. The required system dimensions are provided per the approved plans. cc: NCDENR-DWQ Regional Office Craven County Building Inspections Page 7 of 7 NCDENR North Carolina Department of Environment and Natural Resources Division of Marine Fisheries ,� Michael F. Easley, Governor Preston P. Pate, Jr,,Pirector William G. Ross, Jr., Secretary MEMORANDUM TO: Doug Huggett THROUGH: Mike Stre os \eq�: ► FROM: Sean McKenna `' DATE: April 29, 2005j SUBJECT: Rivershore, LLC, Craven County < The following comments by the North Carolina Division of Marine Fisheries (NCDMF) on the subject permit are offered pursuant to G.S. 113-131. The applicant proposes to construct a full service marina within an existing upland basin that is connected to Duck Creek. The upland development would consist of a paved access road, paved parking for 68 vehicles, a marina store with restrooms, showers, and laundry facilities, a building with two 200-unit dry stack storage units to accommodate boats 15' to 30' in length, fuel storage tanks, wash racks, and a paved forklift area for launching and retrieving boats. The proposed 50' by 97' launch will extend 10' beyond the NWL into the basin with two 4' by 55' floating docks to serve as staging areas. Four access walkways 6' wide and totaling 380' in length will lead to two 6' wide fixed docks around 1790' of the boat basin. The docks will create a total of 105 new boat slips with fuel and sewage services available. No excavation was proposed in this application. The NCDMF has three main concerns with this project that must be addressed as permit conditions before NCDMF can approve this application: I. The application included a letter from the City of New Bern dated April 20, 2000 stating the city was willing to accept sewer flow from the proposed development in the Sandy Point Area. This letter did not state the commitment the city made to the applicant in relation to the amount of sewage to be received from the development, or whether the agreement included any wastewater from marina operations. We request more details be provided concerning the treatment of waste water generated from wash racks and other maintenance activities performed at the marina. 2. This facility will have fueling capabilities. Therefore, a management plan should be developed to address the control of fuel spills. The plan should, at a minimum, identify whether a trained dock master will conduct or monitor all fueling services, what spill control and clean-up equipment will be available (e.g., oil booms), and what protocol for responding to fuel spills will be established. This plan should also include the posting of information for boaters including emergency numbers and facility contacts. 3. To prevent adverse impacts to fishery resources from increased levels of turbidity during in water construction, we also request a turbidity curtain be placed across the entrance to the basin. The NCDMF concerns will be addressed if the wastewater and fuel issues are addressed, and a turbidity curtain is used. FROM :NCDENR FAX NO. :2529753716 Apr. 22 2005 09:55AM P3 ® North. Carolina Wildlife Resources Commission Richard B.Hamilton,Executive Director MEMORANDUM TO: Doug Huggett,Major Permits Processing Coordinator Division of Coastal Management North Carolina Department of Environment and Natural Resources FROM: Maria Tripp,Northeast Coastal Region Coordinator -14r Habitat Conservation Section ' l DATE: April 20,2005 SUBJECT; CAMA Dredge/Fill Permit Application for Rivershore LLC,Craven County North Carolina. Biologists with the North Carolina Wildlife Resources Commission(Commission)reviewed the permit application with regard to impacts on fish and wildlife resources.The 16.8 acre project site is located at the southern terminus of SR 1609(Galloway Street)adjacent to Duck Creek near Bridgeton, NC.Our comments are provided in accordance with provisions of the Coastal Area Management Act (G.S. 113A-100 through 113A-128),as amended,and the Fish and Wildlife Coordination Act(48 Stat. 401,as amended; 16 U.S.C.661 et seq.)- The applicant proposes to construct a full service marina within an existing upland basin that is connected to Duck Creck.The upland development would consist of a paved access road,paved parking for 68 vehicles,a marina store with restrooms, showers,and laundry facilities,a building with two 200- unit dry stack storage units to accommodate boats 15' to 30'in length,fuel storage tanks,wash racks,and a paved forklift area for launching and retrieving boats.The proposed 50'by 97' launch will extend 10' beyond the NWL into the basin with two 4' by 55' floating docks to serve as staging areas.Four access walkways 6' wide and totaling 380' in length will lead to two 6' wide fixed docks around 1790' of the boat basin.The docks will create a total of 105 new boat slips with fuel and sewage services available.No excavation was proposed in this application.Duck Greek is located within the Neuse River Basin,is classified SC; Sw,NSW by the Environmental Management Commission,and is neither a designated primary nursery area nor open to shellfish harvesting_ The Commission does not object to the project.However,we do have several concerns with the proposed activities and the possible adverse impacts they may have on the aquatic environment.The application included a letter from the City of New Bern dated April 20,2000 stating the city was willing to accept sewer flow from the proposed development in the Sandy Point Area.This letter did not state the commitment the city made to the applicant in relation to the amount of sewer to be received from the development,or whether the agreement included any waste water from marina operations.We request Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh,NC 27699-1721 Telephone: (919) 733-3633 ext.281 0 Fax: (919)715-7643 FR1MM :NCDENR FAX NO. :2529753716 Apr. 22 2005 09:56AM P4 CMDF_Rivcrahorc LL,C Page 2 April 20,2005 more details be provided concerning the treatment of waste water generated from wash racks and other maintenance activities performed at the marina.On-site stormwater management should also be implemented due to the potential pollutants associated with marina operation that may runoff into the basin and adjacent wetlands. Since the facility will have fueling facilities,a management plan should be developed to address the control of fuel spills.The plan should minimally identify whether a trained dock master will conduct or monitor all fueling services,what spill control and clean-up equipment will be available(e.g.,oil booms),and what protocol for responding to fuel spills will be established.This plan should also include the posting of information for boaters including emergency numbers and facility contacts- The existing manmade basin was excavated in 1975 under CAMA Major Permit 61-75 to depths ranging-10' to-12' below NWL.Depths in Duck Creek typically range from-5'to-7'NWL.Current regulations do not allow basins to be excavated to depths lower than the depths of connecting waters due to water duality and flushing concerns.Although the applicant did not excavate the basin,we still have concerns with the effects the basin has on water quality and its cumulative impacts to fishery resources due to the basin depths being lower than creek depths. We request the applicant perform a flushing model to determine the effects the basin depth has on water stratification and the possible effects the proposed marina activity will have to the system. To prevent adverse impacts to fishery resources from increased levels of turbidity during in water construction,we also request a turbidity curtain be placed across the entrance to the basin. We appreciate the opportunity to review and comment on this permit application.If you need further assistance or additional information,please contact me at(252)M-3916. cc: Steffens, T.—NC Division of Water Quality McKenna,S.—NC Division of Marine Fisheries > 1 DEPARTMENT OF THE ARMY r/a WILMINGTON DISTRICT, CORPS OF ENGINEERS Washington Regulatory Field Office P.O.Box 1000 Washington, North Carolina 27889-1000 C IN REPLY REFER TO y,! V March 15, 2005 M5 Regulatory Division Mor0head Cliy UCM Action ID No. 200510469 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City,North Carolina 28557-3421 Dear Mr. Huggett: Reference the application of I i T, for a Department of the Army permit to construct a commercial marina faci ' y within an existing basin, on property located off State Road 1609, adjacent to Duck Creek, near the Town of Bridgeton, in Craven County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the attached plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE)prior to implementation. 2. The permittee understands and agrees that, if future operations by the United States require the removal,relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters,the permittee will be required,upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of'any such removal, relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit N CS261, 1315 E West HWY-RM 7316, Silver Spring, MD 20910- 3282 at least two weeks prior to beginning work and upon completion of work. i 1 ,,�, 'r .. ... . -, - _ � � . '%�'I i µ 1 , , . .�. - - � ..{" 1 .1,. 1.1.._�. v t! ...it�{A�.. �IS 1 _ I � � ! i ... , .) .. � .� ._ .. �i 'j�1) 1.. 1 y..�.i . .� .Y. +�' ' i (. . _ _ ..,. � 't-. .� .� .- 5 - ..-�k �)��y: _ � .i. a ..4 - - .� 'r: . ... .. -2- 3. No excavation, fill or mechanized land-clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 4. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land-clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 5. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 6. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at(910) 772-2191. 7. The permittee shall advise the Corps in writing at least two weeks prior to beginning the work authorized by this permit and again upon completion of the work authorized by this permit. Se The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 9. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include,but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally,the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). -3- 10. 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 waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 11. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S.Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. Questions or comments may be addressed to Mr. Raleigh Bland,Washington Field Office, Regulatory Division, telephone (252) 975-1616,extension 23. Sincerely, W�A Raleigh Bland, P.W.S. Regulatory Project Manager Copies Furnished: Ms. Cyndi Karoly Division of Water Quality North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh,North Carolina 27699-1650 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh,North Carolina 27636-3726 -4- Mr. Ron Sechler National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr. David Rackley NMFS, Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Mr. Ronald J. Mikulak, Chief Wetlands Regulatory Section Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Ms. Tere Barrett, District Manager Morehead City Regional Office North Carolina Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Commanding Officer U.S. Coast Guard Marine Safety Office 721 Medical Center Drive, Suite 100 Wilmington,North Carolina 28401-4895 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G.Ross Jr.,Secretary MEMORANDUM To: Doug Huggett, Major Permits Processing Coordinator From: Maureen Meehan Will, DCM Morehead City District Planne Date:. February 25, 2005 Subject: Major Permit Application,requested by Rivershore,LLC to construct a commercial marina facility within an existing upland basin, at property located at the terminus of SR 1609 bear Bridgeton, adjacent to Duck Creek, Craven County, North Carolina. LUP Consistency Determination: The proposal is Consistent With&Not in Conflict with the 1996 Craven County Land Use Plan, amended June 21, 1999 and certified by the CRC on July 23, 1999, provided that all applicable local, state, and federal development guidelines are met. Overview: Areas of Environmental Concern (AEC's) impacted by the proposal include Estuarine Waters (EW), Estuarine Shoreline (ES), Public Trust Areas (PTA), and Coastal Wetland(CW). The waters at the project site are classified as SC; Sw, NSW and are closed to the harvesting of shellfish. The area is not a Primary Nursery Area. The Craven County Land Classification Map designates the subject property AECs as "Conservation". Development within the designated AECs is limited by CAMA regulations and . development guidelines. Applicable or related policy includes the following: "Craven County will allow the construction and expansion of marinas, including upland marinas, in all areas which stisfy the use standards for marinas as specified in I5A NCAC 7H. This shall include marinas proposed for location within Conservation areas." (Marina and Floating Home Development Policy(a), pg 21, 1998 Addendum) "Craven county will allow construction of dry stack storage facilities for boats associated either with or independent of marinas. All applicable state and federal regulations must be satisfied." (Marina and Floating Home Development Policy(b), pg 21, 1998 Addendum) "Residential, commercial, and industrial development which meets 1 SA NCAC 7H use standards will be allowed in estuarine shoreline, estuarine water, and public trust areas. In all other areas, development will be allowed that is consistent with applicable local, state and federal regulations." (Residential, Commercial, and Industrial Development Impacts on Resources Policy Statement, pg. 23, 1998 Addendum) Cc: Tere Berrett, Morehead City District Manager 151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557 Phone: 252-808-2808\FAX: 252-247-3330\Internet: www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary MEMORANDUM TO: Doug Huggett FROM: Stephen Lane' SUBJECT: Comments & Recommendations- CAMA Major Permit- Rivershore, LLC, Craven County DATE: February 21, 2005 The following are my comments and recommendations regarding the above mentioned proposal. The request is to construct a commercial marina facility within an existing inland basin. This would include the construction of a paved entrance road and parking areas over high ground, a marina office, one 400 unit dry stack storage building, forklift operation area, fueling and pump out facilities, and floating dockage for 105 boats including 36 with boat lifts. Based upon my review I have no objection to the issuance of this permit but offer the following conditions: 1 Prior to the occupancy of any new slips authorized under this permit, a marine pumpout sewage disposal facility will be installed and operable, and maintained for the life of the marina. 2 The marina facility will display a sign showing the location of the on-site pumpout facility, including other appropriate waste disposal information, at the entrance and exit from the main piers. 3 No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 4 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 structure, whether floating or stationary, may become a permanent part of this marina/docking facility without permit modification. No non-water dependent uses of structures may be conducted on, in, or over public trust waters without permit modification. 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper Rivershore, LLC, Craven County Comments and Recommendations Page 2 5 Any portion of the permitted access pier and docking facilities built over coastal wetlands must not exceed six feet in width and must be elevated a minimum of three feet over the wetland substrate as measured from the bottom of the decking. 6 All development within 50 feet of the normal water level must be consistent with Environmental Management Commission (EMC) Neuse River buffer regulations in place at the time of such Development. 7 No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 8 The authorized structure and associated activity must not cause an unacceptable interference with navigation. 9 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 it transferred to a third ply 10 This permit authorizes a maximum of 105 boat slips. At no time shall more than 105 vessels be moored or docked at the facility. The restriction of the number of vessels shall apply to all marine vessel types, including but not limited to motorboats, sailing vessels and personal watercraft. 11 This permit does not authorize the excavation or filling of any vegetated wetlands or open water areas. 12 The permitted activity will be conducted in such a manner as to prevent a significant increase in turbidity outside of the area of construction or construction-related discharge. Increases such that the turbidity in the waterbody is 25 NTU's or less in all saltwater classes are not considered significant. 13 Appropriate sedimentation and erosion control devices, measures or structures must be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property(e.g. silt fence, diversion swales or berms, sand fence, etc.). 14 Any building constructed shall comply with the North Carolina Building Code and the local flood damage prevention ordinance as required by the National Flood Insurance Program. NOTE: It is strongly recommended that the permittee exercise all available precautions in the day-to-day operation of the facility to prevent facility waste from entering the . a Rivershore, LLC, Craven County Comments and Recommendations Page 3 adjacent waters. Such discharge, either directly or indirectly, to adjacent waters could contravene state water quality standards, thereby violating state law. 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 Department of Environment and Natural Resources, Land Quality Section, A) 943 Washington Square Mall, Washington,NC 27889 B)127 Cardinal Drive Extension, Wilmington,NC 28405. 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 permittee and/or his contractor is urged to meet with a representative of the Division prior to project initiation. cc: Tere Barrett, MHC District Manager, DCM Raleigh Bland, USACE, Washington Cw+ State of North Carolina Department of Environment and Natural Resources Washington Regional Office Michael F.Easley,Govemor William G.Ross,Jr.,Secretary DIVISION OF LAND RESOURCES LAND QUALITY SECTION February 10, 2005 Rivershore, LLC Big Cypress Land and Development, Inc. ATTN: Mr. Brian Z. Taylor,Registered Agent ATTN: Mr. Duncan Newkirk, Agent 1306 Commerce Drive Post Office Box 746 New Bern,North Carolina 28562 Mount Pleasant, South Carolina 29465 RE: Rivershore Marina Drainage Basin:Neuse Craven County Dear Sirs: As an agency involved in the Division of Coastal Management's major permit application review process, we have determined that more than one acre will be disturbed by the activities as described. Therefore, in addition to a permit from the Division of Coastal Management, an erosion and sedimentation control plan must be submitted to and approved by this office before development begins. The requiring of an erosion and sedimentation control plan is based on a mandatory standard for land-digu uz acttivU of the Sedimentation Pollution Control Act of 1973 [NCGS 113A-57(4) and 113A-54(d)(4)], which states: No person shall initiate any land-disturbing activity, if at least one acre is to be uncovered, unless an erosion and sedimentation control plan for the activity is filed with the agency having jurisdiction and approved. The plan must be submitted at least thirty(30)days prior to project commencement. The plan must include, but is not limited to, the following: 1. A scaled plat plan of the site, showing the affected areas as well as adjacent properties which may be affected. Include contours if available. 2. Indicate critical areas such as wetlands, creeks, streams, drainage ways, marsh, etc. 3. Include a brief narrative describing the activities to be undertaken and a construction schedule. 943 Washington Square Mall,Washington,North Carolina 27889 Telephone 252-946-W1,FAX 252.975-3716 Rivershore, LLC ATTN: Mr. Brian Z. Taylor, Registered Agent Big Cypress Land and Development ATTN: Mr. Duncan Newkirk, Agent February 10, 2005 Page 2 4. Indicate on the plat the measures to be utilized to prevent sediment from entering adjacent properties, such as location of silt fences, silt basins, diversion ditches, areas to be seeded, etc. 5. Include seeding and mulching specifications for both temporary and permanent stabilization. 6. Include any other pertinent information directed at controlling offsite sedimentation, slope degradation, and erosion. Please be advised that the plan will be considered incomplete, and the statutory review period will not begin,unless a non-refundable plan review processing fee, payable by check or money order made out to the Department of Environment and Natural Resources, is included. The amount of the fee is based on$50 for each whole or fractional acre of land to be disturbed (including offsite borrow or waste areas). To begin this project without the approval of an erosion/sedimentation control plan will be considered a violation of the Act and may lead to the assessment of a civil penalty of up to $5000 initially plus $5000 per day for each day the project is deemed in violation. For your convenience,we are enclosing a guideline for developing a plan. If you should have any questions, feel free to contact me. Sincerely, Patrick H. McClain, P.E. Regional Engineer PHM: Enclosures cc: Doug Huggett, Division of Coastal Management • RECEiv.vED u S-r -ANS FEB 1 0 2005 ON.OF COASTAL ANgIVgt RALEh STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY DIVISION OF HIGHWAYS LYNDO TIPPETT GovERNOR January 27, 2005 SECRETARY i Mr. Doug Huggett, Major Permits Processing Coordinator FEB 2 12005 North Carolina Department of Environment and Natural Resources Division of Coastal Management MOrehead City DCM 1638 Mail Service Center Raleigh, North Carolina 28699-163 8 Subject: CAMA Permit Application—Construct a Commercial Marina Facility to Include a Paved Entrance Road and Parking Areas, Office, a 400 Unit Dry Stack Storage Building, Fueling, and Pump Out Facilities and 105 Wet Slips in Craven County Mr. Doug Huggett, The permit application was submitted to this office for review. Find attached the completed form as requested. This agency does not object to the project as proposed provided a proper access permit is obtained from the NC DOT. It occurs adjacent to the highway right of way and will have a significant impact on the highway. Should you have any questions or need additional information, please advise. My number in the New Bern district office is (252) 514-4716. Sincerely, GZ4eoll Aaron C. Everett District Engineer ACE/rrf attachment Copy: Roberto Canales, P.E., Chief Engineer's Office Judy Slywka, Roadside Environmental Unit Dwayne Alligood, P.E., Division Maintenance Engineer Ken Mason, County Maintenance Engineer Division Two•District Two•209 S. Glenburnie Road•New Bern,N.C. 28560•Phone(252)514-4716 Aria NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary January 24, 2005 MEMORANDUM: TO: Ken Pace JA N 2 7 2005 NC DOT State Construction/Materials Branch FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE &FILL Permit Application Review Applicant: Irshore, LLC Project Location: Craven County: The southern terminus of SR 1609 (Galloway Street) near Bridgeton adjacent to Duck Creek. Proposed Project: The applicant proposes to construct a commercial marina facility within an existing inland basin, to include a paved entrance road and parking areas, a marina office, one 400 unit dry stack storage building, forklift operation area, fueling and pump out facilities, and 105 wet slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 14,2005. If you have any questions regarding the proposed project,please contact Stephen Lane at (252) 808-2808. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. / This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED 77 161_n u,.,,, 24 I-1octrnn Dhzn Rog Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper 10 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary January 24, 2005 MEMORANDUM: FEB 2 1 2005 TO: Pat McClain Morehead City ��,� Division of Land Resources FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE &FILL Permit Application Review Applicant: R*ershore, LLC Project Location: Craven County: The southern terminus of SR 1609 (Galloway Street) near Bridgeton adjacent to Duck Creek. Proposed Project: The applicant proposes to construct a commercial marina facility within an existing inland basin, to include a paved entrance road and parking areas, a marina office, one 400 unit dry stack storage building, forklift operation area, fueling and pump out facilities, and 105 wet slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 14,2005. If you have any questions regarding the proposed project,please contact Stephen Lane at (252) 808-2808. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. _This agency approves of the project only if th rec mmended change zre, c L 4 orporated. See attached. 7ir-L��f This agency objects to the project for reasons described in the attached comments. SIGNED DATE 151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary t January 24, 2005 MEMORANDUM: JAI TO: Joe Henderson - �- State Property Office FROM: Doug Hu ett gg Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE &FILL Permit Application Review Applicant: Rivershore, LLC Project Location: Craven County: The southern terminus of SR 1609 (Galloway Street) near Bridgeton adjacent to Duck Creek. Proposed Project: The applicant proposes to construct a commercial marina facility within an existing inland basin, to include a paved entrance road and parking areas, a marina office, one 400 unit dry stack storage building, forklift operation area, fueling and pump out facilities, and 105 wet slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 14,2005. If you have any questions regarding the proposed project,please contact Stephen Lane at (252) 808-2808. When appropriate, in-depth comments with supporting data are requested. REPLY: ✓This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED v, -� DATE 451-13 Hwy. 24, Hestron Plaza II, Morehead City, Lrth Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper NCDENR North Carolina Department of Environment and Natural Resiburces Division of Coastal Management FEB 0 20,95 Michael F. Easley, Governor Charles S. Jones, Director WM6G. Ross Jr., Secretary reheacl City DC 1 January 24, 2005 MEMORANDUM: JAN 2 TO: Patti Fowler Shellfish Sanitation 'FSH SANITA.Tir)- FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE &FILL Permit Application Review Applicant: Rivershore, LLC Project Location: Craven County: The southern terminus of SR 1609 (Galloway Street) near Bridgeton adjacent to Duck Creek. Proposed Project: The applicant proposes to construct a commercial marina facility within an existing inland basin, to include a paved entrance road and parking areas, a marina office, one 400 unit dry stack storage building, forklift operation area, fueling and pump out facilities, and 105 wet slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 14,2005. If you have any questions regarding the proposed project,please contact Stephen Lane at (252) 808-2808. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. ✓ This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNE11/6ttli'[X�^' P DATE 151-B Hwy. 24, Hestron Plaza 11, Morehead City, North Carolina 28557 Phone: 252-808-2808\FAX: 252-247-3330\ Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer-50%Recycled\10%Post Consumer Paper A7 �xa NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. ,!ones, Director William G.Ross Jr., Secretary January 24, 2005 c' rye MEMORANDUM: JAN 2 6 2005 TO: Ruth Leggett Morehead City DCM Division of Community Assistance FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE &FILL Permit Application Review Applicant: Rivershore, LLC Project Location: Craven County: The southern terminus of SR 1609 (Galloway Street) near Bridgeton adjacent to Duck Creek. Proposed Project: The applicant proposes to construct a commercial marina facility within an existing inland basin, to include a paved entrance road and parking areas, a marina office, one 400 unit dry stack storage building, forklift operation area, fueling and pump out facilities, and 105 wet slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 14,2005. If you have any questions regarding the proposed project,please contact Stephen Lane at (252) 808-2808. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED ,/ DATE 151-B Hwy. 24, Hestron Plaza li, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper v — a CC-I 26 2005 NCDENR ' eRf=SuVATiD*OFFICE North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary January 24, 2005 0057-,- �au MEMORANDUM: TO: Renee Gledhill-Early NC Department of Cultural Resources FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE &FILL Permit Application Review Applicant: Rivershore, LLC Project Location: Craven County: The southern terminus of SR 1609 (Galloway Street) near Bridgeton adjacent to Duck Creek. Proposed Project: The applicant proposes to construct a commercial marina facility within an existing inland basin, to include a paved entrance road and parking areas, a marina office, one 400 unit dry stack storage building, forklift operation area, fueling and pump out facilities, and 105 wet slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 14,2005. If you have any questions regarding the proposed project,please contact Stephen Lane; at (252) 808-2808. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557 Phone: 252-808-2808\FAX: 252-247-3330\Internet: www.nccoastalmanagement.net An Equal opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper J�a� 4,Jd 5 © A ©90149 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary January 24, 2005 MEMORANDUM: Ms. Cyndi Karoly j AN 2 6 N6 Environmental Biological Supervisor QUALITY g p NR-yVpTtrR QUER k Division of Water Quality �VOgNoSIOttM�►+A� ` FR Doug Huggett Major Permits Processing Coordinator ?[Fr I ICED SUBJECT: CAMA/DREDGE &FILL Permit Application Review MAR 1 0 2005 r.OF COASTAL W AGEMW Applicant: Rivershore, LLC RALEIGH Project Location: Craven County: The southern terminus of SR 1609 (Galloway Street) near Bridgeton adjacent to Duck Creek. Proposed Project: The applicant proposes to construct a commercial marina facility within an existing inland basin, to include a paved entrance road and parking areas, a marina office, one 400 unit dry stack storage building, forklift operation area, fueling and pump out facilities, and 105 wet slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 14,2005. If you have any questions regarding the proposed project,please contact Stephen Lane at (252) 808-2808. When appropriate, in-depth comments with supporting data are requested. /lfv G fd I REPLY: ZThis agency has no objection to the'project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 151-B Hwy. 24, Wstron Plaza il, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper eZvi NCDENR North Carolina Department of Environment and Natural Resources , ` Division of Coastal Management ;''`' ., Michael F. Easley, Governor Charles S. Jones, Director V )am G.Ross Jr., Secretary r January 24, 2005 MEMORANDUM: 02 TO: Mike Street for 4 Mr. Preston P. Pate, Jr., Director Division of Marine Fisheries D i I^-H A B I I A FROM: Doug Huggett Major Permits Processing Coordinator D SUBJECT: CAMA/DREDGE &FILL Permit Application Review MAY — 4 Applicant: Rivershore, LLC D P F-N A D I TAT Project Location: Craven County: The southern terminus of SR 1609 (Galloway Street) near Bridgeton adjacent to Duck Creek. Proposed Project: The applicant proposes to construct a commercial marina facility within an existing inland basin, to include a paved entrance road and parking areas, a marina office, one 400 unit dry stack storage building, forklift operation area, fueling and pump out facilities, and 105 wet slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 14,2005. If you have any questions regarding the proposed project,please contact Stephen Lan6 at (252) 808-2808. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. ," This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE Z 151-B Hwy. 24, Hestron Plaza II, Morehead City, No Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper FROM :NCDENR FAX NO. :2529753716 Apr. 22 2005 09:54AM P2 IVA NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F.Easley,Govemor Chades S.Jones, Director William G.Ross Jr.,Secretary January 24,2005 MEMORANDUM: TO: Bean e ►`�c.r►T p(> NC Wildlife Resources Commission FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE&FILL PeTmit Application Review Applicant: Rivershore, LLC Project Location: Craven County: The southern terminus of SR 1609 (Galloway Street) near Bridgeton adjacent to Duck Creek. Proposed Project: The applicant proposes to construct a commercial marina facility within an existing inland basin,to include a paved entrance road and parking areas, a marina office, one 400 unit dry stack storage building, forklift operation area, fueling and pump out facilities, and 105 wet slips. Please its below your agency's position or viewpoint on the proposed project and return this form by Februa , 005.If you have any questions regarding the proposed project,please contact Stephen Lane at(252) 808-2808. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed This agency has no comment on the proposed project. / This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED. ..,., DATE 2opy 1 Zoos 151-B Hwy.24, Hestron Plaza II, Morehead City, North Carolina 55 Pho'he: 252-808-28081 FAX: .252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer—60%Recycled 110%Post Consumer Paper NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary January 24, 2005 MEMORANDUM: TO: Maureen Meehan, District Planner Division of Coastal Management FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE &FILL Permit Application Review Applicant: Rivershore, LLC Project Location: Craven County: The southern terminus of SR 1609 (Galloway Street) near Bridgeton adjacent to Duck Creek. Proposed Project: The applicant proposes to construct a commercial marina facility within an existing inland basin, to include a paved entrance road and parking areas, a marina office, one 400 unit dry stack storage building, forklift operation area,fueling and pump out facilities, and 105 wet slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form by February 14,2005. If you have any questions regarding the proposed project,please contact Stephen Lane at (252) 808-2808. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. y A__"VU SIGNE DATE , 0 151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper 1 Y JAN 2 4 2005 Morehead City NEWKIRK ENVIRONMENTAL,INC CHARLESTON,SC BLUFFI'ON,SC November 22, 2004 Mr. Stephen Lane NC DENR Morehead fit Hestron Plaza IT 1 151-13 Hwy 24 Morehead City,NC 28557 RE: Rivershore Marina New Bern,North Carolina Dear Mr. Lane, One of the permit applications that was sent the adjacent landowners for the Rivershore Marina was returned to Newkirk Environmental, Inc. as undeliverable. The applicants attorney located the property owner's heirs and a copy of the permit application was sent to them by Certified Mail. Attached is the receipt showing the application package has been delivered, as well as a copy of the cover letter from Newkirk Environmental, Inc. that was included in the application package. Also enclosed is the receipt of delivery for the other adjacent landowner. If you have any questions or comments regarding this project, please do not hesitate to contact us. Sincerely, Ken Hance, Principal Newkirk Environmental, Inc. Charleston, South Carolina Enclosure Post Office Box 746,Mt.Pleasant,South Carolina 29465-0746 • 1887 Clements Ferry Road,Charleston,South Carolina 29492 Telephone(843) 388-6585 • Facsimile: (843)388-6580 E-Mail: general@newkirkenv.com www.newkirkenv.com Rivers h ore, 1.1.0 PO Box 12172 Tel.(252)638-2217 New Bern,NC 28561 Fax(252)638-4047 c JAN 2 4 2005 August 20, 2004 Morehead City DCM Big Cypress Land and Development Company, LLC 1887 Clements Ferry Road Charleston, SC 29492 Re: Marina Permit Dear Gentlemen: Rivershore, LLC grants permission to Big Cypress Land and Development Company, LLC to apply for permits to develop a marina on land owned by Rivershore, LLC, along Duck Creek in Craven County. This permission is subject to the terms and conditions of the contract dated June 8, 2004 between Rivershore, LLC and Big Cypress Land and Development Company, LLC. Rivershore, LLC is aware of the proposed project and its intended use and has no objections to this development. Rivershore, LLC will work with Big Cypress Land and Development Company, LLC to procure a marina permit. Please feel free to call if you have any questions or need more information. Sincerely, Rhett Taylor RT:mwt OCT Z L 7004 Morehead City DCM (IT. Of N6J 3 eX :✓. . . w rt H JAN 2 4 2005 UMMBAYLISS,iII ALDERMAN MAYOR JULIUS C.PARHAM,JR. WALTER B.HARTMAN,JR. ROBERT G.RAYNOR,JR. MACK L."MAX"FREEZE Morehead `` CITY MANAGER JOSEPH E.MATTINGLY,JR. City DC ICKIE H.JOHNSON BARBARA LEEV A CITY CLERK WILLtAM H.BALLENGER uutheru $uryrise MARY A.BRATCHER CITYTREASURER FOUNDED 1710 PHONE:252-636-4000 P.O.BOX 1129 ,Netu ',Nertt, Y (9. 28563-1129 April 20, 2000 Rivershore LLC. P. O. Box 12172 New Bern,N. C. 28562 Dear Rhett: This is to confirm New Bern's willingness to accept sewer flow from your proposed development in the Sandy Point area. Unless modified by agreement between the owners of the property and the City of New Bern, our normal out of city service policies will apply to rates and charges. Let me know if I can be of further assistance. Best Regards, 21�kr& Hartman, Jr. City Manager sch cc: David Muse Mayor Board of Aldermen rift OCT 12 2004 Morehead City ACM ,9frilain$ for 'gxrA1mrE JA,Nl 9 A ^005 DCM% DWQ% FEE Development Type 04300 1601 435100093 1625 6253 E%hb.'10 ao I. Private,non-commercial development that does not involve S250 100%($250) 0%($0) the filling or excavation of any wetlands or open water areas: sl II. Public or commercial development that does not involve the filling or $400 100%($400) 0%($0) excavation of any wetlands or open water areas: III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas,determine if A,B,C,or D below applies: III(A). For Private,non-commercial development,If General water Quality $250 100%($250) 0%($0) Certification No.3301 (see attached) can be applied: III(B): For public or commercial development,if General water Quality S400 100%($400) 0%(SO) Certification No.3301 (see attached) can be applied: III(C). If General Water Quality Certification No.3301 (see attached) could be applied,but DCM staff determined that additional review and $400 60%($240) 40%($160) written DWQ concurrence is needed because of concerns related to water quality or aquatic life: III(D). If General Water Quality \ Certification No.3301 (see attached) $400 60%($240) 40%(5160) can not be applied: IV. For development that involves the filling and/or excavation of more $475 60%($265) 40%($190) than one acre of wetlands and/or open water areas: A"ri'A'A NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F.Easley,Governor Charles S. Jones, Director William G. Ross Jr:;-secretar November 22, 2004 Sun Journal Legal Advertisement Section P.O Box 1149 New Bern,NC 28563 Re: Public Notice - Rivershore Marina Dear Sir: Please publish the attached Notice in the Thursday November 25, 2004 issue of the Sun Journal. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for new ease send the affidavit, an original copy of the published notice, and an original invoice to Jaye Poole, NC Division of Coastal Management, 1638 Mail Service Center, Raleigh, North Carolina 27699-1638, Telephone (919) 733-2293. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Morehead City office. Sincerely, Stephen Lane Coastal Management Representative Enclosure cc:Doug Huggett, Major Permits Coordinator Ted Tyndall,Assistant Director 151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net A. c......i n f. ;f„I nu;, f;,, AM;....c..,.,i,,,,.,. 9M. Dom..—1 4% 1004 D—f(`n..--,D.,..... DIVISION OF COASTAL MANAGEMENT NCDENK NORTH GROut"DEPAwmEKr of ENVIRONMENT AND NATURAL RESOURCES JAN 2 4 2005 , 151-B HWY. 24, HESTRON BUILDING Morehead City DCM MOREHEAD CITY, NC 28557 TELEPHONE: (252) 808-2808 FAX: (252) 247-3330 T0: Joufz�l!}L OFFICE: LE64L TELEPHONE 7: j 1 FAX #: j 2s2] 1033- p y� FROM: OFFICE: DIVI IOy OF C.��,� yL �i��;,���t-�rF�T RE: i'LEASE ZS ZCC t1 /S.S4 c` pF THE Su,./ o u A L r DATE SENT: l-3 A V TOTAL NUMBER OF PAGES IN . ,tmT�; T Oy u 5-HEFT: 3 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOP MENT PERMIT JAN 2 4 2005 Morehead City DCM The Department of Environment and Natural Resources hereby gives public no ce as required by NCGS 113A-119(b) that application for a development permit in an Area of Environmental Concern as designated under the CAMA was received on November 1, 2004. According to said application, Rivershore, LLC proposes to construct a full service marina facility with 105 boatslips, and 400 dry storage units at the intersection of Galloway Street and Sunset Avenue adjacent to the Duck Creek in the Town of Bridgeton, Craven County. A copy of the entire application may be examined or copied at the office of Stephen Lane, NC Division of Coastal Management, located at 151-B Hwy. 24, Hestron Plaza II, Morehead City, NC, (252) 808-2808 during normal business hours. Comments mailed to Charles S. Jones, Director, Division of Coastal Management, 151-B Hwy 24 Hestron Plaza II, Morehead City, NC 28557, prior to December 15, 2004 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. PUBLISHED ON: Thursday, November 25, 2004 P, 01 TRANSACTION REPORT NOV-23-2004 TUE 03:53 PM DATE START RECEIVER TX TIME PAGES TYPE NOTE M# DP NOV-23 03:52 PM 912526331841 51" 3 SEND OK 471 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary January 31, 2005 Mr. Duncan Newkirk Newkirk Environmental, Inc. P.O. Box 746 Mt. Pleasant, SC 29465 RE: Rivershore Marina Dear Mr. Newkirk: The NC Division of Coastal Management hereby acknowledges receipt of additional information for your application submitted to this office by you on behalf of your clients for State approval for development within Estuarine Waters, Public Trust Area, and Estuarine Shoreline located on the South side of Sunset Avenue, Bridgeton, adjacent to Duck Creek, Craven County. The revised application was received as complete on January 5, 2005 and appears to be adequate for processing at this time. This notice supercedes the notice sent to you dated November 22, 2004. The projected deadline for making a decision is March 21, 2005. An additional 75day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will sere as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from January 5, 2005, you may request a meeting with the Director of the Di✓ision of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. Please contact me if you have any questions or if you wish to receive a copy of comments from reviewing agencies. Sincerely, .jt - Stephen Lane Coastal Management Representative sdl Enclosure cc:Doug Huggett, Major Permits Coordinator Tere Barrett, District Manager 151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper "771 OJ JAN 2 4 2005 NOV 2 3 2004 Morehead City DCM Morehead City DCM U-S. Postal Service CERTIFIED MAIL RECEIPT C3 (Domestic Mail Only;No Insurance Coverage Provided) ru rLi ­1 1-141 2.b ..,age $M e Postmark Here Ln 'g Er Ir- Certified Fee ru Return Receipt Postmark nt Required) ed) C3 (Endorsement Here C3 C3 Restricted Delivery liv Fee (Endorsement e Reeqr�yired) C3 C3 Ms. Janet Hunter M Ms. Jacqueline Lane Er 130 Blueberry Lane tr ------------------ C3 New, NC 28560 ------------------ SENDER: COMPLETE THIS S_ EC TION COMPLETE THIS SEC77ON ON DELIVERY a Complete items 1 2 and 3.Also complete A. Received by(Please Print Clearly) —live item 4 if Restricted 6elivery is desired. rly)l I B. Date of Delivery E Print Your name and address on the reverse so that we can return the card to you, C. Signature 8 Attach this card to the back of the mailpiece, or on the front if space permits. x 0 Agent 1. Article Addressed to: D. s delivery address d1i Addressee eren W"Mmyles If YES, ress below o Ms. Janet Hunter Ms. Jacqueline Lane 130 Blueberry Lane New Bern, NC 28560 3. SeIv ice Type ;certified Mail 0 - L)(;M 0 0 ur ec Ipt for Merchandise ail O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number(Copy from service label PS Form 3811,July 1999 Domestic Return Receipt 102595-00-M-0952 Nov 01 04 08: 58a Newkirk Environmental 843 723 6684 p. 4 ~ COMPLETE THIS SECTION� . DELIVERY COMPLETE SECTION ■ Complete Items 1,2,and 3.Also complete A. Received by(Please Print Clearly) R. Date of Delivery item 4 if Restricted Delivery is desired. I `� r ■ Print your name and address on the reverse C. Signature so that we can return the card to you. I I , ❑Agent ■ Attach this card to the back of the mailpiece, XP `�j ❑Addressee or on the front if space permits. D. Is delivery addr ss different'Wm item 1? 0 Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No Mr.Rhett Taylor ,San j point Village, LLC r ' Post O , ce Box 12006 3. se cerype New Bim NC 28561 f Zified Mau o p4ress Mail [I Registered Wneturn Receipt for Merchandise p Insured Mail ❑C.O.D. J A N 2 4 2 n&_j q jaLb 4. Restricted Delivery?(Extra Fee) 11 Yes 2. Article Number(Copy from service label) Morehead City P 0rm 1,July 1999 Domestic Return Receipt 102595-00-M-0952 Postal Sm CERTIFIED . • Z (Domestic Mail only; , Provided) o N o ¢ s z°=.� > NEW BERN NC 28561 1 o f ❑ __ a o ❑ o -- ---_ fl rTl Postage 8 3.95 t rl 0464 _O Ir cerlified Fee i 18 • �' >>7 ncr �5— --- Nostrrar, m 8 ` O rL Return Receipt Fee HK e p (Endorsement Required) e c .0 -] V RasVicted Delivery Fee ; , Il N -7 ❑ ❑ O XE ds s,rnent Rogalmd) ' y CI. o �g:IhT---- 10/14/20% a41 _ Mr. Rhett Taylor - _ — --_ _ Ca p Sandy Point Village, LLC ' Z` N FT w N « I .............. ..�> _ CDPost Office Box 12006 at c mw UU � New Bern NC 28561 re cn rn w IQI El ccr� , d d X Ci co U u (D E m m aa .. • — at Lri 0 a) c, E M MEMO U'zE >,0 N r0A AD) C °� U ru tq Z, v v E O m postage f 5 ' m O c In r0000 E 0) IT' cortif.ed Fee -...---- E o rn E (Endorse N 0 y 06 r0., U r nJ Return.Receipt Fee M, a) o a, n i > 0 Q > 0 ment Required) o O • E C E r� ,5 .2 F-1 +' U p Restricted Deliveiy Fee (i) rn Ca 0 0 0 U r (Endorsement Required) — W ui �' 9 E o °3Yr a z aV Tt6L " E E o 'd 3 �- E m f Mr. Herman Edwards - --- 0 'a °a o Q r A°. Z Q n- Route 6, Box 3 aEr '0C3 New Bern,NC 28560 M1 i aaac:�;smxatvrcaxrrzv-scG',�9?`�t�� 'f. r JAN 2 4 2d05 fiNe ui0 20 Morehead City DCM STATE OF NORTH CAROLINA COUNTY OF CRAVEN THIS DEED, made and entered into this the o2L day of 1962, by and between RS CORP. OF RALEIGH, -. party of the first part; and JOHN T. TAYLOR, whose address is Post Office Box 1062, New Bern, North Carolina 28560, party of the second part; s - W I T N E S S E T H : That the party of the first part in consideration of the sum of Ten Dollars ($10.00) and other good and valuable considerations to said party paid by the party of the second part, the receipt of which hereby is acknowledged, has bargained " and sold and by these presents does bargain, sell, and convey Vunto the party of the second part, said party' s heirs and i assigns, the following described property, to wit: ' � 4 Being that property described on EXHIBIT A -ELM! `" 4 attached hereto and incorporated herein by tii o reference. x < n TO HAVE AND TO HOLD said property and all_�---,- P P Y privileges l ' x and appurtenances thereunto belonging to the party of the second part, said party' s heirs and assigns forever. And the party of the first part does covenant that -Z _ said party has done nothing to impair the title to said property, and the party of the first part will warrant and LU defend the title to said property against the lawful claims of T all persons claiming by, under or through the party of the first ' 6 8 S S r 0 part. 11xrc_^ N] 7W,7 IN TESTIMONY WHEREOF, the party of the first part has caused this instrument to be executed in its corporate name by n ( its President, attested by its Secretary, and its corporate seal to be affixed her its CITED O C T 12 2004 Morehead Clty DCM 0 2 4 2005 Morehead City DCM,> B03r1016 PACE 21 Board of Directors first duly given, this the day and year first above written. RS CORP. OF RALEIGH . By. residers Att=$t: i SecreV " ?. STATE OF NORTH CAROL INA COUNTY OF lLE TeP— a Notary Public in and for said County and S te, do hereby certify that on the day of 1982, before me $ personally appeared i with whom I am personally acquainted, who, being by me duly s orn, says that a is President and that is Secretary of RS CORP. OF RALVIGH, the corporation described in and which executed the foregoing instrument; that he knows the common seal of said corporation; that the seal. affixed to the foregoing instrument is said common seal; that the name of the corporation was subscribed thereto by the, said President; that the said President and Secretary subscribed their names thereto and the said common seal was affixed, all by order of the Board of Directors of said corporation; and that the said instrument is the act and deed of said corporation. WITN SS my hand and notarial seal, this the day of 1982. Notary Public My Commission expires: EYEDC(_I�JI. L -i 19 tf2 Rk .... OCT 12 2004 Moreneed City DCM v _ iv,. JAN 2 4 2005 Morehead City DCM PACE ZZ, STATE OF NORTH CAROLINA COUNTY OF CRAVEN p The foregoing certificate of its QQ o , a Notary Public of County, North Carolina, is certified to be correct. This instrument was presented for registration this day and hour and duly recorded in the office of the R gister of Deeds of Craven County, North Carolina, in Book 1-D / Page c a This J� rl day of L�p ;,� Q�,_ 1982" at 3 o clock -r M. Z 0 Register of Deed a 78-117 TOR 12-E a • o - ' OCT: 1 2 ZOQ4 Morehead (;It QC Y M �;`,+i%q' / v 14 JAN.2 4 20G5 • E}MIT A . } Morehead City-DCM. BOOK1016 PACE 23 Ail �ao,a czrtsin lct:, c,: trcTt-_ of land in Craven County, North Carolina, in Number Two (2) Township; lying south of and adjacent to the Town. of Bridgeton as shown on the maps of the Ilyatt Place, recorded *in Map Book 2, Page 130, and addition to Riverview Park recorded in Map Book 4. Page 35, and more particularly described as follows: PARCEL No. 1 beginning at a point in the southern right-of- way line of N.C. Highway No. 55 said point .being the northeast corner of Tract No. 10, as conveyed to Herman Edwards by J. T. Harris et al by deed dated January 3, 1948, recorded . in Book 416, Page 71, thence from this point . of beginning along and with the southern right-of-way line of N.C. Highway No. 55 N 63. 43' E 1,750.00 feet to the northernmost corner of Tract No. 3, this point also being located S 63. 43' W 1709.2 feet and S 26. 19, E 50 feet from the intersection of the centerline of a concrete culvert in Duck Creek, and the centerline of N.C. Highway No. 55, thence along and with the eastern .line •of Tract No. 3 S 26- 19 ' E 6,426.2 feet to Duck Creek, thence down and with the• meanders of Duck Creek to the southeast corner of Tract No. 9 as conveyed to Wiley Nelson by Clarence J. Phillips and wife, Vera P. Phillips, by deed dated February 12, 1959, recorded in Book 577, Page 512, thence along and with the Nelson line N 26. 37' W 2,800.7 feet to. the northernmost corner of the Wiley Nelson tract, thence s 63, 43' W 250.0 feet to a point in the eastern line of Tract No. 10, thence along and with the Edwards line N 26. 37' W 2,500.0 feet to the point of beginning. The above description includes all of Tracts 3, 4, 5, G, 7 and 8 and the northern portion of Tract No. 9 as shown on the Hap of the Wyatt Place. � � •'� Q�T 1 2 1004 Page I of 15 Morehead City DCM : PARCEL NO. z Morehe4aty DCM Beginning at a point ir.• the southern right-of-way .. line of N.C. highway No. 55 said point being the northwest corner of Tract No. 10 as conveyed 1016 PAGt to Itcrnan Ed:aards by J. T. Harris at al by deed BOOK dated January 3, 1948, recorded in Book 41G, Page 71, thence from this point of beginning along and with the Edwards line S 2G' 36' E 3,81G.0 feet to the northernmost corner of the lot conveyed to II. L. Lewis and wife by Riverview Park., Inc. by deed.dated May, 1949, recorded in Book 431, Page 136, thence along and with the Lewis line S 63' 25' W 2G3.50 feet to an iron pipe, thence .N 78. 04' W 101.9 feet to the north- east corner of Lot No. 12 in Section N, thence along and with the eastern line of Lot No. 12 S 120 W 500.0 feet to the northern right-of-way line of Third Avenue, thence with the northern right-of-way line of Third Avenue N 78. 00, Y7 • 200 feet to the southwest corner of Lot No. 11 in Section N, thence along and with the western line of Lot No. 11 Id 12- E 501 feet to .the southern line of Tract No. 11, this point also being the northwest corner of Lot No. 11 in .Section 14, thence along and with the southern line of Tract No. 11 N 78. 04' W 1,203 feet to a point where the northern right-of-way line of Second Avenue intersects the eastern right-of-way line of Beach Street, thence along and with the eastern right-of-way line of Beach Street N 9. 00' W 1481.0 feet to a point where the eastern right-of-way line of Beach Street intersects the southern right-of-way line of First Avenue (Point I on a map entitled "Survey for Cape Fear Corporation'recorded in Plat Cabinet A, Slide 10B, Craven County Registry) , thence N 81' E 400 feet to a point in the western line of Tract No. 11, thence along and with the western line of.Tract No. 11 N 9. 000 W 50 feet to a point in the northern right-of-way line of First Avenue, thence along and with the northern right-of-way line of First Avenue S 811 t•I 400 feet to the eastern right=of-way line of Beach Street, thence N 9- W 866.02 feet to the southernmost corner of Lot No. 12 in Section E, .thence continuing with the eastern right-of-way line of Beach Street N 26' 30' W 409.25 feet to the southernmost corner of Lot No. 1-in Section E, thence N 63. 30' E 150.00 feet to the southeast corner of Lot No. 3 in Section E, thence along and with the northeastern line of Lot -No. 3, N 260 30' W 179.54 feet to a point in the southern right-of-way line of N.C. IIighway ,No. 55 (Point K on a map entitled "Survey .for Cape Fear Corporation" recorded in Plat Cabinet A, Slide 10B, Craven County Registry) , thence along and w' h the southern right-of-way line of N.C. No. 55 N 63° 08' E 562.56 feet to t of beginning. Page 2 of 15 AGT ?004 Morat)fya I CitypC 111[ �1 JAN 2 4 2005 The above d1& aVda'�M of the northwetto=' • portion of Tract No. 11, Lots 4 through 61 inclusive in Section E, and Lots 1 through 51 inclusive in Section F as shown on said map of the Wyatt Place. PARCEL NO. 3 Beginning at a point where the eastern right-of- way line of Riverside Drive intersects the southern right-of-way line of Third Avenue, -this point being the northwest corner of Lot No. 1 in Section M (Point E on a map entitled "Survey for Cape Fear Corporation" recorded in Plat Cabinet A, Slide 10B, Craven County Registry) , thence from this point- of beginning along and with the eastern right-of-way line of Riverside -Drive S 206 10' W /404' feet thence- S 10" 26' W 399.09 feet, thence S .18° 261 1-1 • 554.20 feet to the northern right-of-way line'. of Bayside.Drive, thence along and with the northern right-of-way line of Bayside Drive S 71•.34' E- 50 feet, thence S 800 39' E 50.S6 feet, thence N 85. 1B' E 27.58 feet, thence N 80. 21' E 268.52 feet, thence S 8' 39' E 60.01 feet to the southern right-of-way line of Baysida Drive, thence continuing along the same course 227.83 feet more or less to the -Meuse River; thence along and with the Neuse River in a generally eastwardly direction to the mouth of Duck Creek, thence up and with Duck Creek in a generally northwardly direction to the northeast corner of Lot No. 2 .in Section U, thence along and with the northern line of Lot No. 2 N 410- W 553.27 feet more or less to the eastern right- of-way line of Creek Drive, thence. continuing along the same course 57.35 feet more or less to the western right-of-way line of Creek. Drive, thence along and with the western right-of-way line of Creek Drive N 19. 40' E 235.92 feet to the southern right-of-way line of Sunset Avenue, thence along and with the southern right- of-way line of Sunset Avenue S 75. 30' W 1281.53 feet to the easternmost corner of Lot No. 1. in Section W, thence N 534 35' W 319.33 feet . to the eastern right-of-way line of Water Street, thence along and with the eastern right-of-way line of Water Street S 120 11 276.98 feet to the southernmost corner of Lot No. 1 in Section W, thence N 7E' 1-1 50 feet to a point in the western right-of-way line of Water Street, thence OCT l 2 9004 along and with the western right-of-way line of Water Street N 120 E 752.99 feet to the southern right-of-way line of Fourth Avenue, thence N Morehdad City DCM 18" 00' 1•7 1272 feet to a point in the western right-of-way line of Bernhurst Road, thence N 12° E 450.0 feet to the southern right-of- way line of Third Avenue, thence along and with the southern right-of-way line of Third Avenue N 78. 00' W 586.28 feet to the point of beginning. Page 3 of 15 10 6'�A� 26' ' 1p10K • ' t. The above description includes All of Tract No. 12, Lots 11 and 12 in Section L, Lots 1 through 2G inclusive in Section M, Lots 2 through 6 inclusive in Section U, Lots 1 through 4 inclusive in Section V and Lot. No. 1 in Section 14 as shown on said reaps of the Wyatt Place and addition to Riverview Park. n � PARCEL NO. 4 t//�rGGI Beginning at a point where the western right-of- - �" way line of Bernhurst Road intersects with the southern right-of-way line Riverside Drive and from this point along and with the western' right-of-way line of Bernhurst Road S 9" 00, E a: > o 100 feet to the northeast corner of Lot No. �v w 3 in Section B .(Point F on the maentitled . ("� V p "Survey for Cape Fear Corporation recorded cq in Plat Cabinet A, Slide Ion, Craven County Registry) , thence from this point of beginning Q along and with the western right-of-way of Bernhurst Road S 9. 00 ' E 225.0 feet, thence C- S 81' 00' W 200.0 feet to the line of Lot NO 18 in Section B, thence .N 9. 00' W 225.0 feet to the northwest corner of Lot No. 3 in Section B. thence along and with the northern line of Lot No. 3 N 81' 00' E 200.0 feet to the • point of beginning. The above description includes all of Lots 3, 4, 5, 6 and the northern portion of Lot No. 7 in Section B as shown on said•map of the•Wyatt Place. PARCEL NO. 5 �, Beginning at a point where the northern right- G^ of-way line of Third Avenue intersects the western right-of-way line of Bernhurst Road, "u this point being the southeast corner of Lot No. 12 _ in Section B (Point G on a map entitled "Survey for Cape Fear Corporation" .recorded in Plat Cabinet A, Slide 10B, Craven County Registry) , thence from this point of beginning along and with the northern right-of-way line of Third Avenue N 78, 00' W 208.19 feet to the eastern r1CJli L•-Ui-way tip:rt JZ South St:..-t, thence along and with the eastern right-of-way line of South Street N 9' 00' L•J 103.87 feet to tha northwest corner of Lot No. 14 in Section D, thence N El' 00' E 200.0 feet to the southwest corner of Lot No. 10 in Section B, thence N 91. 00, OCT 1'2 M04 Page 4 of 15. Mor�'�'Gad Cit D . Y CM d0U P4GE � W 100.0 feet to the northwest corner of Lot No. 9 in Section B, thence along and with the northern line of Lot No. 9 N 86. 32' E 180.69 feet to t1,e western right-of-way line of Dernhurs t . Road, thence along and with the western right- of-way line of Bernhurst Road S 12. 00' W 310.0 feet to the point of beginning. The above description includes all of Lots 9 through 14 inclusive in Section B as shown on said map of the Wyatt Place. PARCEL NO 6 _ Beginning at a point located S 9' 00, E V 100 feet from the intersection of the eastern 0 right-of-way line of Bernhurst Road and o the southern right-of-way line of First N .._ Avenue (Point H on the map entitled 'Survey for Cape Fear Corporation" recorded-in Plat { - cq Cabinet A, •Slide 10B, Craven County Regi-Itry} , co thence from this point of beginning N 81. 00, E Q 200.0 feet to the southwestern corner of Lot No. � 32 in Section C, thence along and with the back lines of Lots No. 31 and 32 N 9• 00, w 100.0 feet to the southern right-of-way line of FirstEl Avenue, thence along and with the southern right- of-way lire of First Avenue N 81' 00' E 200.0 feet to the western right-of-way line of, Beach Street, thence along and with the western right-of-way line of Beach Street S 9. 00' E 1464.96 feet to the northern right-of-way line of Second Avenue, thence along and with the northern right-of-way line of Second Avenue N 88" 30' W 151.24 feet to the southwest corner of Lot No. 30 in Section C, thence along and with, the western line of Lot No. 30 N 1° 30 ' E 138.G7' feet to a point in the southern line of Lot No. 56 in Section C, thence along and with the southern lines of Lots 5G and 26 in Section C S 81" 00' W 277.0 feet to the eastern right-of-way line of Bernhurst Road, thence along and with the eastern right-of-way line of Bernhurst Road N 9* 00, jq 200.0 f.eet to the northwestern corner of Lot No. 23 in Section C, thence along and with the northern line of Lot No. 23 N 81. 00 ' E 200.0 feet to the southwest corner of Lot No, 52 in Section C, thence along and with the backlines of Lots No. 52 and 51 N 9" 00' 1•7 100 feet to the southeast corner of Lot No. 20 in Section C, thence along and with the southern line of Lot No. 20 S el• 00' W 200.0 feet to the eastern right-of-way line of Bernhurst Road, thence along,.and wit the eastern right-of-way line of Bernhurst � � Road N 9' 00' W 900.0 feet to the point of • beginning. OCT r 2 M04 Page 5 of 15 10119head City DC V 7 VM Po�K 1a1b P1,t;� 28 The above description •includea all of Lots 3 through 20 inclusive, Lots 23 through 2G inclusive and Lots s 30 through 57 inclusive in Section C as shown on the 'map of the Wyatt Place. PARCEL NO. 7 Beginning at 'a point located S 2G• 30' E 152.1 feet from where the western right-of-way line of Beach Street intersects the southern right- of-way line of N.C. Highway No.. 55,- being the northernmost corner of Lot No.! 15 in Section D, thence from this point of beginning along �� V and with the western right-of-way line -of Beach 0 Street S 26. 30' E 425.01 feet, thence S 90 00' E 206.78 feet to the southeast corner of r `r o , Lot No. 26 in Section D, thence along and with N the southern lines of Lots 26 and 45 in Section V D S 81' 00' W 400.0 feet to the eastern 'right- cu _0 of-way line of Bernhurst Road, thence along Cz and with the enst2rn right-of-way line of Bernhurst Q N Road N 9. 00' N 174 .63 feet, thence N 33. 30' W 107.64 feet to the westernmost corner of Lot No. 40 in Section D (Point L on a map entitled ,:�:: ^^" 4O "Survey for Cape Fear Corporation" recorded 4=` in Plat Cabinet A, Slide 10B, Craven County Registry) , thence N 62. 40' E 204.3 feet to a point in the backline of Lot No. 19 in Section D, thence along and with the backlines of Lots 19 , 18, - 17 and 16 N 260. 3b' W 150.0 feet, thence S 630 30' W 12.77 feet 'to a point in the backlino of Lot No. 5 in Section D, thence along and with the backlines of Lots 5 and 4 N 30. 34' �. W 101.07 feet to the southernmost corner of Lot No. 11 -in Section D, thence along and with the southern line of Lot No. 11 N' 63° 30' E 49.68 feet to a point in the western line of Lot No. 12 in Section D, thence along and with the western line of Lot No. •12 S 260 30' E 25.24 -feet to the southernmost corner of Lot No. 12, thence along and with the northern 'line of Lot No. 15 in Section D N 63' 30' E 170.26 feet to the western right-of-way line of Beach Street, the point of beginning. The above description includes all of Lots 15 through 26 inclusive and Lots 40 through 45 inclusive in Section D as shown on said map of the Wyatt Place. OCT 2 1 2004 Page 6 of is Morehead . City DCM �AC6l• PARCEL 170. 8 10-16 Beginning at a point where the southern right-of- way line of Third Avenue intersects the western right-of-way line of Riverside Drive, this point • being the northeast co=ner -of Lot No. 1 in Section K, thence from this point of beginning along and with the western righ't-of-way line -of Riverside Drive S 20. 10' W 400.0 feet, thence S 10° 26' W 250.0 feet to, the southeast corner of Lot No. 13 in Section .K, thence along and with the southern line of Lot NO., 13 N 79. 34' W 178.0 feet more or less to the Neuse River, thence along and with the Ncuse River the following offset courses and distances: N 10" 5G' E 208.40 feet, thence N 12. 05, E 16G.07 feet, thence N 230 42' E 111.14 feet, N 28' 27' E 174.90 feet, more or less to the southern right-of- way line of Third Avenue (Point C on a map entitled "Survey for Cape Fear Corporation" recorded in Plat Cabinet A, Slide 10B, Craven County Registry) , thence along and with the southern right-of-way. line of Third Avenue S 78. 00, e • E 159.73 feet to the western right-of-way line e of Riverside Drive, the point of beginning. �����••��-=r✓ V .; U o The above description includes all of Lots 1 , through 13 inclusive in Section X as'shown on r I'l o said map of the Wyatt- Place. PARCEL NO. 9 U n 3 Z CD Beginning at a point where the southern right- Of-way -line of Third Avenue intersects the O eastern right-of-way line of Beach Street, this point being the northwest corner of Lot No. 1 in Section O,• thence from this point of beginning along and 'with the southern right• of-way line of Third Avenue S 78. 00' .E 188 feet to the northeast corner of Lot No. 2 in Section O, thence along and with the eastern line of Lot No. 2 S -12• W 200 feet to the nortli west corner of Lot No. ll. in Section O, thence and with the backlines of Lots 11, 12 and 13 In. Section O S 78" 00' E 282 feet to the southwest corner of Lot No. .6 in Section O, thence along and with the western line of Lot No. 6 N 120 E 200 feet to the southern right-of-way line of Third Avenue, thence along and wi-th the southern right.•-of-way line of Third Avenue S 78. 00' E 188 feet to the northeast corner of Lot No. 7 in Section O, thence along and OCT 12 7004 with the eastern line of Lot No.. 7 S 120 W 200 feet to the northwest corner of Lot No. 16 in Section O, thence along and with the Morehead City DCM northern line of Lot ho. 1G 5. 7 0 feet to thn 33 rg� ov 1. I� r l �[ 11 1I�rJd-4) f o r _ ''n 1 • _� G T�.. :{ F F }_ ,.. ` - 'ell •. `w�i, i thence along an- with the weutae n. :fight-o.-%:.af •7 line of water Street S 120 w 200 feet to the northern right-of-way line of Fourth Avenue, thence along and with the northern right-of-way line of Fourth Avenue N 78' 00' 11 752 feet to the 'castern right-of-way line of neach Street, thence along and with the eastern right-of-way line of Beach Street N 120 E 400 feet to the southern right-of-way line of Third Avenue, the point of beginning. The above description includes all. of Lots 1, _ 2, 6, 7 and 9 through 16 inclusive in Section O as shown on said map of Addition to Riverview Park. . PARCEL NO. 10. - Beginning at a point where the southern right- of-way line of Third Avenue intersects the eastern right-of-way line of Bernhurst Road said point being the northwest corner of Lot No. 1 in Section P, thence from this point of beginning along and with the southern o right-of-way line of Third Avenue S 78. 00' E =1 300 feet to the northeast corner of Lot r7o. 3 in Section P, thence along and with the eastern ,- ` line of Lot No. 3 S 120 W 200 feet to the north- west corner of Lot No. 8 in Section P, thence along and with the northern line of Lot No. 8 �. S 780 00' E 100 feet to the western right-of-way t(7` line of Beach Street, thence along and with the �' L western right-of-way line of Beach Street S 126 N 200 feet• to the northern right-of-way line of C Fourth Avenue, thence along and with the northern right-of-tray line of Fourth Avenue N 78. 00' N 400 feet to the eastern right-of-way line of Bernhurst Road, thence along and with. the eastern - right-of-way line of Bernhurst Road N 120 E 400 feet to the southern right-of-way line of , Third Avenue, the point of beginning. _ The above description includes all of Lots 1, 2, 3, 5, 6, 7 and 6 in Section P as shown on said map of Addition to River- view Park. PAnCEL NO. 11 Beginning at a point where the western right-of- �GG' 1 way line of Neuse Street intersects the sou right-of-way, line of Third Avenue, this poi rn being the northeast corner of Lot-No. 8 inMr,4 0 RE Section R, thence from this Point of beginn �• along and with the wentern right-of-way tin of r7euse Street S 120 1-1 847.97 feet to the10 OCT northern right-of-way line of Sunset Avenue, 12 ?004 thence along and with the northern right-of-way line of Sunset Avenue S 75' 30 ' 14 34G.G5 f�Ol"� thence N 53" 35' P1 310 .23 feet to the eastern head.City DCM Page 8 of 15 '. __ �•u: .. i al 14 .... fb-I:+�'.rs:t�iif right-of ��n -way line of Stater Street, then and with the eastern right-of-way line of Water St.ect N 12• E 371.1 feet to the northwest corner of Lot No. 19 in Section R, thence along . and with the northern line of Lot No. 19 S 780 00' E 251 feet to a canal, thence along and with the canal N 41. 51' E 115.3 'feet to the southeazt corner of Lot No. 5 in Section R, thence along and with the southern line of Lot No. 5 N 780 _ 00' W 308.4 feet to the eastern right-of-way line of Slater Street, thence along and with the eastern right-of-way line of Water Street N 120 E 200 feet to the northwest corner of Lot No. 6 in Section R, thence along and with the northern line of Lot No. 6 S 78. 00, $ 300 feet to the southwest. corner of Lot No. 7 in Section R, thence along and with the western line of Lot No. 7 N 12• E 200 ,geet to the southern right-of-way line of Third Avenue, thence along and with the southern right-of-way line-of Third Avenue S 78. 00' E 300 feet to the western right- of-way line of Neuse Street, the point of beginning. The above description includes all,•of Lots 5 through 19 inclusive in Section R as shown on. said r.Lap of Addition to Riverview Park. PARCEL NO. 12 Beginning at a point where the eastern right- 1 of-way line of Neuse Street intersects the Lr, 40 southern right-of-way line of .Third Avenue, o ' �+ ;this point being the northwest corner of Lot No. 1 in Section S, thence from this �' V point of beginning along and with the southern right-of-way line of Third Avenue S 78. O0' E Z (a 288.56 feet; thence S 12. 00 ' W 679.17 feet Q- to the northern right-oi-way line of Sunset Avenue, thence along and with .the northern right- of-way line of Sunset Avenue S 750 30' W 322.45 O feet to the eastern right-of-way line of- Neuse *Street, thence along and with the eastern right- of-way line of Neuse Street N 120 E 823.04 feet -to the southern right-of-way line of Third Avenue, the point of beginning. The above description includes all of Lots 1 through 9 inclusive in Section S as shown on said map of Addition to Riverview Park. f PARCEL 2.10. 13 Beginning at a point Where the ea stern nigh of--waY line of Creel: Drive intcrsects the southern right-of-way line of Sunset Avenu ' this point being ent the northw corner of Lot No. 1 ill Section T, thence from this point of beginning along and with the OCT 12 2004 southern right-of-way line of Sunset Avenue N 56. 40' E 264, ,`.ect to an iron axle thi 40orehead Q p Y C Pa C BOOK1010 Ptf,,E.' 32 ► ' pai,&L :xs:ry the no_Lnernmoat a^r..rit a_' :.et No. 3 in Section T, thence along atld with thu eastern Litre of Lot ?:a. 3 S 2G• 31' E 313 feet more or less to Duck Creek, thence along and with the mcarfder n of Duck Crce% in a generally southerly direction to the southeast corner of Lot No. 1 in Section U, thence along and with the eastern line of Lot No. 1 in Section U N 2G" 31, W .630 feet more or le--s to the eastern right-of- ,way line of Creek Drive, thence N G3. 29' F. 40.71 feet to a point in the u estern line of Lot 2:o. 1 in Section T, thenceialorg and with the western line of Lot No. 1 N 26° 31' w 52.63 feet to the southern right-of-way line of Sunset Avenue, the point of beginning. The above description includes all of Lots 1, '. 2 and 3 in Section T and that strip of .land designated "Restrictive Landing" as shown .� / on said map of Addition to Riverview Park. PARCEL NO. 14 _ �,;;:_:�:;i/ Lr, �( f o _ `" U . Beginning at an iron pipe where the northern right-of-way line of Third Avenue joins the cu eastern right-of-way line of Creek Drive, this Z co point being the westernmost corner of that *.,_ lot designated Fish Pond Lot, thence from this point of beginning N G3" 29 ' F 2G3.5 •fLet to an iron pipe, thence S 26" 31, E 44G.37 feet to the southeast cot;ner of the Fish Pond Lot, thence S G3. 09' W 2G3.5 feet to'the eastern right-of-way line of Creek Drive, thence along - and with the eastern right-cf-way line.of Creek - Drive N 26` 31' 1-7 447.90 feet to the point of beginning. The above description includes the northwest portion of that lot designated as Fish Pond Lot as shown on said rip of. Addition to River- view Park. The above-described Parcels 1 throe h 14 `� ��VE g 21�� are shown on a map entitled "Survey for J Cape Fear-Corporation" by G. .Jerome Norman, OCT 12 2004 R.L.S. , recorded in Plat Cabinet A, Slide 10II, Craven County Registry. Morehead City pCM i 1 101.E PAGE 3� • PARCEL NO. 15 All right, title, claim, or interest now owned by Ravenscroft School, Incorporated,' in and to those certain lots or tracts of land in- Craven County, North Carolina, in Number Two (2) Township, lying south of and adjacent to the Town of Bridgeton as shown on a map of the Wyatt Place, recorded in *Map Book 2, Page 130, and more particularly described as follows: Beginning at an iron pipe which.-is located S 63' 43' W 1,209.2 feet and S 260• 19' E 50 feet from the intersection of the cente34ine of a concrete culvert in Duck Creek and the,-centerline of N.C. Highway No. 55, thence from ,this point of beginning N 63° 43' E 1,209.2 feet to Duck Creek thence down and with the meanders of Duck Creek V to the Neuse River, thence in a generally north- westerly direction with the Neuse River to Sandy o , Point, thence continuing with the.Neuse River F cli in a generally northerly direction to the north- .3, .0 west corner of Lot No. 5 in Section A as shown Cq on said map, thence N 81" E 625 feet more or co less to the western right-of-way" line of Q )Bernhurst Road, thence along and with the western right-of-way line of Bernhurst Road N 9° 00' i W 1770 feet more or less, thence N 33° 30' W O 475 feet more or less to the southern right-of- _. way line of N.C. Highway No. 55, thence along and with the southern right-of-way line of N.C. Highway No. 55 N 630 08' E 1302.56 feet more or less to the northernmost corner of Tract No. 11, thence N 63" 43' E 2500 -feet to the point of beginning. This tract shall be- conveyed without warranty of any type. Not included herein is any interest owned by Ravenscroft School, I (brporated/, as beneficiary of any deed of- trux on said property. PARCEL NO. 16 Being Lot 4 - Block R as shown on that certain map entitled "Addition to Riverview Park" by Darrel D. Daniels, C.E. , dated March 7, 1951 and recorded in Map Book 4, Page 35, Craven County Registry and being more particularly described as follows: Beginning at an iron pipe in the Eastern line of Water Street, said point of beginnR* IFIE located South 12 degrees 00 minutes W Page 11 of 15 4 C T 1 2 2004 MOrehaad City DCM R01x 1016 PACE- 34 feet measured along the Eastern line of said 14ater Street from its intersection with the Southern line of Third ]\venue, said point of beginning being the Southwestern. corner of Lot 5 - Block R as shown -on the aforesaid map, . Viand running thence from said point of beginning • with the Eastern line of Water Street South 12 degrees 00 minutes Jest 100.0 feet to the Northwestern corner of Lot 19 - Block R, 'thence , with the Northern line of said Lot 19 South 78 degrees 00 minutes East 251:0: feet to an iron pipe in the centerline of a ditch' at the South-t'- 71 western corner of Lot 11 - Block R, thence with 0 the Western line of Lot 11, !the' centerline of aL. .-,a , ditch, North 41 degrees 51 minu•tes East 115.3 ; '� N V feet to the Northwestern corner of said Lot 11 i. ,r1 �' and the Southeastern corner of Lot Number 5 - apt 'a Block R, thence with the Southern line of said . z Lot 5 North 78 degrees 00 -minutes West 308.4 Q feet to the point of beginning, containing 0. 64 Acres, more or less, and all bearings L- contained herein are magnetic. 0 PARCEL NO. 17 All that certain tract or parcel of land lying and being situated in Number Two .Township, Craven County, North Carolina, and-being more particularly described as follows: BEGINNING at a point lying th6 following courses and distances from an iron axle in"the southern line of the property described -by deed recorded in Book 416, Page 71, Craven County Registry, said iron axle lying N 26° 31' W 313 feet from the northern edge -of Duck Creek; S 56° 40' W 264 feet; S 26" 31' E 52.63 feet; S 63° 29 ' W 48.71 feet. Thence from this point of becgin- ninq 'so 'located, S 190 40 ' W 245 feet;thence S 41* E 553.27 feet to Duck Creek; thence up and with the various courses and distances of Duck Creel; to a point which lies S 26° 31' E 630' feet, more or less, from the point of beginning; thence N 26' 31' W 630 feet; more or less, to the point of BEGINNING. OCT 2004 Page 12 of 15 MQrGhead city DCM • , � 1015 BASF ' 35 I , • PARCEL NO. 18 = I All that certain tract or parcel of land lying and being situate in Number Two Township, Craven County, N(.•rth Carolina, and being a part of the northern portion of a tract of land designated as "MEADOWS" on a map of the 11yatt Place recorded in the Office of the Register of Deeds of Craven County in Map Book 2, Page 130. 13EGINNING at a point lying on the southern right Of way line of N.C.. Highway #55, said point of beginning lying the following courses and dis- tances from the intersection of the center of a concrete culvert of theuck Creek Canal and the centerline of N.C. puck 055: S 650 29 ' s 14 609. 13 feet; S 40° 5{I ' L' ',l.ls rect. �ccin�unc� thc:nrc from t_hir; point: of brc1imni.nct :;o �•�c=l.c�d ® S 40° SI3 ' L Z901. 09 LCut- to a point; thc:>>cc S 29 W 1436. 5 feet to a point• in the caster line of the R. 1.1. Galloway Tract as described by deed recorded in Book 505, Page 59, Craven .County Registry; thence along and with the a eastern line of the R. M. GallO►•iay Tr•ict N 240 31 W 2026 feet to a point; _thence N 65° 29 ' 180 feel• to a point; thence N 24 ° 31' W 405 feet to a point; thence N 65° 29 ' E 150 feet to a point; thence N 24° 31 ' W 350 feet to a Point on the southern right of Way line of N.C.- IIiV11wc1Y 655; thence along and with the southern right of way line of N.C. Ili' y55 N G5° 29 ' E 284. 89 feet to the point of beginning; con- . taining G1.17 acres. All Courses herein being magnetic for the •ycar 1974 . Also conveyed is such right, title, and interest as is owned by the said party of the first part in and to the "JOINT ROADWAY", such "JOINT ROAD- WAY" being described by instrument recorded in Book 469, Page 99, Craven County Registry. Excepting, however, from this conveyance the Portion of such "JOINT ROADIIAy" lying within 755 feet measured S 24° 31' E fro% the southern right of way line of N.C. Iligllway �55. tam O C T 12 2004 Page 13 of 15 . Morehead city ocM BD�KlO�� t'ACt 36 The conveyance of Parcels Nos. 1 through 17 may be subject to Restrictive Covenants, but by this recital, same are not reimposed. SAVING AND EXCEPTING from Parcel No. 1 that certain tract or parcel of land conveyed as the First Tract in the deed from RAVENSCROFT SCHOOL, INCORPORATED_ to FIRST CRAVEN SANITARY DISTRICT recorded in Book 990, at Page 274, in the office of the Register of Deeds of Craven County. �,� U SAVING and EXCEPTING from Parcel.No. 3 that Ezv LM certain tract or parcel of land ponveyed by deed ^ o Z from RAVENSCROFT SCHOOL, INCORPORATED to ROBERT LEE �'' C"' ROWE and wife, BETTY LOU ROWE recorded in Book �' U 959, at Page 371, and deed of correction from cv RAVENSCROFT SCHOOL, INCORPORATED to ROBERT LEE z R0 ROWE and wife, BETTY LOU ROWE recorded in Book Q 968, at Page 584, in the office of the Register of 'C Deeds of Craven County.. SAVING AND, EXCEPTING from Parcel No. 5 that certain tract or parcel of land conveyed by deed from Cape Fear Corporation to Gene Autry Potter and wife, Jean Harris Potter recorded in Book 847, at Page 327, in the office of the Register of Deeds of Craven County. SAVING AND EXCEPTING from Parcel No. 9 those certain tracts or parcels of land conveyed by i deeds from RAVENSCROFT SCHOOL, , INCORPORATED to ELAINE WHEALTON recorded in Book 956, at Page 857, to Van Freeman Willis and wife, Al}ce Simpkins - Willis recorded in Book 958, at Page 35, to SOUTHEAST REALTY, INC. recorded in.Book 970, at • Page 575, and to Kathleen Ingraham recorded in Book 972, at Page 663, in the office of the Register of Deeds of Craven County. SAVING AND EXCEPTING from Parcel No. 12 those certain tracts or parcels of land conveyed by deeds from Cape Fear Corporation to Calvin Mason recorded in Book 840, at Page 932, - and to Charlie Ray Hart and wife, Jane Hart recorded in Book 895, at Page 464, in the office of the Register of Deeds of Craven County. SAVING AND EXCEPTING ftom Parcel No. 18 that certain tract or parcel of land conveyed as Second Tract in the deed from RAVENSCROFT S INCORPORATED to FIRST CRAVEN SANITARY DISTR a recorded in Book 990, at Page 274, in the + ' of the Register of Deeds of Craven County. Page 14 of 15 City pC • - �0��101 ?AcE •37 The above-described Parcels 1 through 18 are conveyed subject to all rights-of-way and ease- ments of record, and subject to riparian and littoral rights. U CIJ CIA co CD z ao • F •A OCT 1 2 20R4 Morehead City DCM Page 15 of 15