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HomeMy WebLinkAbout158-03 Cypress Landing Marina FPren-nitss Permit Number 158-03 STATE OF NORTH CAROLINA Department of Environment and Natural Resources - w.— and i ?D VV RECEIVED Coastal Resources Commissi r NOV 0 6 2003 Lrmtt U M 1KOF00ASTALMANA980 for RALM 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 Cypress Landing Marina,c/o Weyerhaeuser Real Estate Development Co.,PO Box 1391,New Bern,NC 28560 Authorizing development in Beaufort County at Chocowinity Bay, off SR 1123, Cypress Landing S/D. near Chocowinity , as requested in the permittee's application dated 8/12/03. including attached workplan drawings (5), dated 2 dated revised 8/19/03 and 3 dated 7/21/03. This permit, issued on October 27,2003 , 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 Facility 1) This permit authorizes only the docks, piers, and other structures 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 may be conducted on, in or over public trust waters without permit modification. 2) Prior to the occupancy of any new or reconfigured slips authorized under this permit, the permittee shall ensure that the existing marine pumpout sewage disposal facility is operable, and will maintain the pumpout facility for the life of the marina. 3) 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. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission. date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit must be accessible on-site to Department personnel when the project is inspected for compliance. � Da D. Moffitt, Director Any maintenance work or project modification not covered Division of Coastal Mana ement hereunder requires further Division approval. g All work must cease when the permit expires on This permit and its conditions are hereby accepted. December 31, 2006 In issuing this permit, the State of North Carolina agrees C4 that your project is consistent with the North Carolina Coastal Management Program. Signs ure of Permittee Cypress Landing Marina Permit#158-03 Page 2 of 3 ADDITIONAL CONDITIONS 4) 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 permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 5) The permittee shall adhere to the previously approved marina operation plan dated 6/l/95 and approved on 8/16/95. 6) No attempt will be made by the permittee to prevent the free and full use by the public of all navigable waters at or adjacent to the authorized work. Use of the permitted activity must not interfere with the public's right to free navigation on all navigable waters of the United States. 7) The authorized structure and associated activity must not cause an unacceptable interference with navigation. 8) 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 party. 9) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee will not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 10) The permittee must 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. 11) This permit authorizes a maximum of 222 boat slips. At no time shall more than 222 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. 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 contravene state water quality standards, thereby violating state law. General 12) 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. Cypress Landing Marina158-03 Permit#158-03 Page 3 of 3 ADDITIONAL CONDITIONS NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 946-6481 prior to the commencement of any such activity for this determination. The permittee is further advised that many non-water dependent activities are not authorized within 30 feet of the normal high water level. 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 authorized the proposed project under General Water Quality Certification No. 3400 (DWQ Project No. 031059), which was issued on 10/6/03. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under Nationwide Permit No. 28 (COE Action Id. No. 200310922) which was issued on 9/22/03. ATT - NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary October 28, 2003 Cypress Landing Marina c/o Weyerhaeuser Real Estate Development Co. P.O.Box 1391 New Bern,NC 28560 Dear Sir or Madam: The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original(buff-colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions,you may request a hearing pursuant to NCGS 113A-121.1 or 113- 229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty(20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance require additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor,it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, 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 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Cypress Landing Marina 2. LOCATION OF PROJECT SITE: Beaufort County off SR 1123 at the Cypress Landing Subdivision on Chocowinity Bay near the Town of Chocowinity, North Carolina Photo Index - 2000: 99-1126; K-10,11, L-10,11,12, M-10,11 1995: 99-1048; J-19,20, K-19,20 State Plane Coordinates - X: 2,581,500 Y: 643,700 GPS Rover File # H072813A Washington Quad. (lower right corner) 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 07/28/2003 Was Applicant Present - NO 5. PROCESSING PROCEDURE: Application Received - 08/15/2003 Office - Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Beaufort County - 1997 Land Classification From LUP - Urban Transition (land), Conservation (water, wetlands) (B) AEC(s) Involved: PTA (C) Water Dependent: YES (D) Intended Use: Community (E) Wastewater Treatment: Existing - Town of Chocowinity Planned - N/A (F) Type of Structures: Existing - 228 slip marina, marina office and community building, bulkhead, boardwalk Planned - replace marina with a 222 slip facility in the same footprint (G) Estimated Annual Rate of Erosion: N/A Source - NIA 7. HABITAT DESCRIPTION: [AREA) DREDGED OTHER (A) Vegetated Wetlands (B) Non-Vegetated Wetlands ±330,600 f0 into orated area Baybottom (C) Other (D) Total Area Disturbed: ±7.6 acre (±330,600 sq. ft.) (E) Primary Nursery Area: NO (F) Water Classification: SB-NSW Open: NO 8. PROJECT SUMMARY: The applicant proposes to replace an existing 228-slip marina with a 222-slip marina in the same footprint. Cypress Landing Marina Weyerhaeuser Real Estate Company Project Setting The project site is located off SR 1123 at the Cypress Landing Development on Chocowinity Bay near Chocowinity, in Beaufort County, North Carolina. Weyerhaeuser Real Estate developed the Cypress Landing Subdivision that included an 18-hole golf course and a marina on Chocowinity Bay under CAMA Major permit No. 181-89 issued on 11 September 1989. The marina was permitted by CAMA Major Permit No. 181-89 and it allowed for the construction of 302 slips using a floating dock construction. The marina was constructed as a 224 slip facility incorporating ±330,600 ft2 of open water with 5 finger pier complexes attached to land by one access point. The permit was modified by letter of Refinement on 14 March 2000 to add 4 slips bringing the total number of slips to 228. It is.important to note that when the original permit was issued, Weyerhaeuser through restrictive covenants attached to each deed,relinquished any and all riparian rights of the homeowners with waterfront property. Upstream(west)of the marina is a portion of Cypress Landing with cluster homes know as Cypress Ridge (with an established Home Owners Association) and the shoreline in this area has been left undisturbed. Downstream (east) of the marina are developed properties in the Cypress Landing Subdivision with retaining walls landward of the wetlands. The marina property is dominated by lawn grass with mixed hardwoods, pines, and ornamental shrubs. Structures on the site include .a community building with a marina office, a swimming pool, and a paved parking area. Chocowinity Bay is classified as SB by the Environmental Management Commission. Chocowinity Bay at the project site is a Public Trust Area and is not open to shell fishing. Project description The applicant proposes to replace the existing 228-slip marina with a 222-slip marina in the same footprint. The reduction in slips is a result of redesigning the existing slips on each of the 5 finger pier complexes. The only enlargement from the existing structure is a proposal to widen the gangway-landing platform which is currently 8' wide to a width of ±19.5' for a distance of ±108' in an effort to reduce congestion at the single point of access from the land. The applicant proposes to work on no more than 3 of the 5 finger pier complexes at any one time so that at least 2 of the slip structures are always open for use. As was the case when the marina was originally built, Whichard's Beach will be used as the staging area for removal of the existing docks and the construction of the new floating docks. The existing pilings, hardware and electrical service will be reconditioned and reused. Anticipated impacts The project as proposed will result in localized turbidity as a result of the construction activities. No additional usurpation of the Public Trust Area is proposed beyond the ±330,600 ft2 of Chocowinity Bay that is currently within the marina complex footprint. David W. Moye - 15 August 2003 A /T PO Box 20336 Charleston, SC 29413-0336 843-884-8750 843-884-8935 fax MEMORANDUM TO: Mr. David Moye/NCDENR FROM: Kirby G. Marshall DATE: August 11, 2003 RE: Cypress Landing Marina Please find attached the revised CAMA permit application for the marina redevelopment at Cypress Landing. We have addressed each item you requested in your July 28"' letter. Specifically, you will find our disposal plan for the existing docks in the project narrative that is attached to form DCM-MP-1. We will provide more specific information to you on this issue as the project proceeds and disposal plans become more lucid. Also, per our conversation regarding proximity of the proposed docks to riparian lines (DCM-MP-4, a.8) we have enclosed the supplementary information you requested with this revised application package (attached to DCM-MP-4). If you have any questions or require any additional information, please do not hesitate to telephone me at the above-listed number. We appreciate your continued assistance and thank you again for your prompt attention to this matter. Attachment Form DCM-MP-I APPLICATION' (To be completed by all applicants) b. City, town, community or Iandmark I. APPLICANT Chocowinity C. Street address or secondary road number a. Landowner: 800 Potomac Dr-. , Chocowinity, NC 2781 7 Name Weyerhaeuser Real Estate Develop-d. Is proposed work within city limits or planning ment Co. jurisdiction? Yes x No Address P-0. Box 1391 e. Name of body of water nearest project (e.g. river, City New Bern State NC creek, sound, bay)Chocowini ty Bay Zip 28560 Day Phone 252-633-7522 Fax 2 5 2-6 3 3-7 4-3,9 3. DESCRIPTION AND PLANNED USE b. Authorized Agent: OF PROPOSED PROJECT NameApplied Technology & Mgmt. a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead,pier, and excavation and/or filling activities. Address 260 W. Coleman Blvd— Ste A Replace existing floating docks with a new floating dock system. Cit3,Mt_ Pleasant State SC Zip 29464 Day Phone 843-884-8750 b. Is the proposed activity maintenance of an existing project, new work, or both? Both Fax 843-884-8935 _. c. Will the project be for public, private or commercial c. Project name (if any} Cypress Landing use? _ Private Marina d. Give a brief description of pti purpose, use, methods of construction and daily operations of proposed NOTE: will be w be ismed in name of Imdo vner(r), nor project. If more space is needed, please attach project name. additional pages. See attached 2. LOCATION OF PROPOSED PROJECT a. County Beaufort Revised 03/95 Form DCM-MP-1 4. LAND AND WATER mDescribe existing otreatment facilities. Town of Chcowinitv CHARACTERISTICS a. Size of entire tract 91 6t acres n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary b. Size of individual Iot(s). 1 /2 acre average wastewater, industrial/commercial effluent, "wash down" and residential discharges.) Surface c. Approximate elevation of tract above MHW or runoff NWL 2-32 d. Soil type(s) and texture(s) of tract o. Describe existing.drinking water supply source. See attached Town of Chocowinit e. Vegetation on tract Wooded, lawn grass ornamental shrubs and various wetland p an s f. Man-made features now on tract Hous e s, golf course, clubhouses, pool, marina 5. ADDITIONAL INFORMATION g. What is the CAMA Land Use Plan land classification of the site? (Consult the local load=e place.) In addition to the completed application form, the following items must be submitted: X Conservation X Transitional Developed Community A copy of the deed (with state application only) or Rural Other other instrument under which the applicant claims title to the affected properties. If the applicant is not h. How is the tract zoned by local government? claiming to be the owner of said property, then R1 —ETJ and B1 forward a copy of the deed or other instrument under which the owner claims title, plus written permission i. Is the proposed project consistent with the applicable from the owner to carry out the project. zoning? X Yes No (Attach ZO1u"8 cor-Pli-- -rnficara, if applicable) • An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale in black j. Has a professional archaeological assessment been ink on an 8 1/2" by II" white paper. (Refer to done for the tract. X Yes No Coastal Resources Commission Rule 7J.0203 for a If yes, by whom? Gordon. Watts of Tidewater detailed description.) Atlantic Research k. Is the project located in a National Registered Please note that original drawings are preferred and Historic District or does it involve a National only high quality copies will be accepted. Blue-line Register Iisted or eligible property? prints or other larger plats are acceptable only if an Yes X No adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of 1. Are there wetlands on the site? X Yes No Engineers regarding that agency's use of larger Coastal (marsh) X Other X drawings.) A site or location map is a part of plat If yes, has a delineation been conducted? Yes requirements and it must be sufficiently detailed to (Ariach d°cumeniafiO1- if Mailable) guide agency personnel unfamiliar with the area to the Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, Iandmarks, and the like. 6. CER17MCATION AN-D PER MISSION • A Stormwater Certification, if one is neemsarv. TO ENTER ON LAND • A list of the names and complete addresses of the 1 understand that any permit issued in response to this adjacent waterfront (riparian) landowners and application will allow only the development described in signed return receipts as proof that such--owners the application. The project will be subject to conditions have received a copy of the application and plats and restrictions contained in the permit by certified mail. Such landowners must be advised that they.have 30 days in which to submit comments I certify that to the best of my knowledge, the proposed on the proposed project to the Division of Coastal activity complies with the State of North Carolina's approved Coastal Management Program and will be Management. upon signing this form, the applicant further certifies that such notice has been provided. conduce in a manner consistent with such program. mere Fl m an, President HCA Name .. nr s i e I certify that I am authorized to Address 108 Ridge Rd. Chocowi t- fit, and do in fact, Phone 2 5 2—9 4 6—7 6 3 7 , �t permission to representatives of state and federal NC 2 7 8 i 7 review agencies to enter on the:aforementioned lands in Name Jerry & Sue Creech connection with evaluating formation related to this Address. 113 Pamlico Zn. Ch t permit application and follow-up monitoring of the Phone —946-7839 ocowi NC 27817 y, project NameI further certify that the information provided in this Address application is truthful to the best of my knowledge. Phone �.� -/ permits issued for �- • A list of previous state or federal 1�ris is the ! t� day of rr 5 "I �� Z('L1 work on the project tract. Include permit numbers, permittee, and issuing dates. NC DENR/CRC #1 81 —89 Si vk/ US ACE Generall /,' or"&C', � Permit No. CESAW— ' O —N-000-029'1 ; Action ID No. 1 §940� 5 • A check for $2 made payable to the Department of Pleas 50 e indicate attachments pertaining to your proposed Environment, Health, and Natural Resources project. (DEHNR) to cover the costs of processing the application. DCM MP-2 Ezcavation and Fill Information DCM MP-3 Upland Development • A signed AEC hazard notice for projects in x DCM MP-4 Structures Information oceanfront and inlet areas. DCM MT-5 Bridges and Culverts x DCM MP-6 Marina Development • A statement of compliance with the N.C. ����� Policy Ad NOTE Please sign and daft each. � � � ey (N.C.G.S. 113A - 1 to space Provided at the bonwn of ear}r forcer. 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. Re.ised 03/9-9 Attachment to: CAMA Major Permit Application for Cypress Landing Marina Dock Replacement Applicant: Weyerhaeuser Real Estate Company As per DCM instructions, enclosed is application form DCM-MP-1 with some information that pertains to the entire Cypress Landing Development. Much of this information is not applicable to this permit request to conduct work specifically at the marina (including replacement of floating docks and associated utilities only). The following provide clarification on some of this information and are keyed to the related items on the application form. _ 3.d. This project involves the replacement of an existing floating dock system at the Cypress Landing development in Chocowinity, Beaufort County, NC. The existing floating dock system is composed of a western red cedar, glue laminated structural deck and plastic, foam insert filled flotation units. The floating docks are anchored in place with steel pipe piles. The existing floating docks are in an advanced state of deterioration due to moisture intrusion. It has been determined that the degradation of the structural components of the docks from this collection of moisture dictates full replacement of the system, in order to ensure personal and vessel safety, as well as dock longevity. The Applicant proposes to remove the existing floating dock system, dispose of it off- site, salvage all functional utility elements (existing power pedestals,, wiring, transformers, marine sewage pumpout, etc.), replace the docks with a new floating dock system, and reinstall the utilities. Existing steel pipe piles will be re-used in conjunction with additional steel anchor piles as necessary. It is envisioned at this time that the replacement dock system will be a standard, treated timber frame and deck product, with galvanized steel hardware and stainless steel fasteners. Decking will be IPE hardwood. Flotation will be industry-standard high-density polyethylene 6-sided tubs, completely filled with expanded polystyrene foam. Specifically, physical construction is anticipated to proceed in the following manner: Three of the five existing dock trees are expected to remain in service (without utilities) at any time during the replacement process. Boats will be relocated to alternate marinas, trailered, or moved to open slips on other docks within the marina as necessary. The utilities (water lines, electric lines, power pedestals, and transformers) will be disconnected, removed from the docks, and moved off-site to be reconditioned for use in the new facility. The existing piles will be vibrated out and moved off site to be reconditioned for reuse. The existing floating docks will be disassembled and disposed of off-site. Concurrently, the contractor will assemble the new docks and float them over from Whichards Beach or other suitable staging location. Replacement piles will be driven and/or vibrated to minimize the potential disturbance of bottom sediments. Finally, new/reconditioned utilities will be installed on the docks. No additional slips will be added and the footprint of the marina will remain substantially the same. The proposed (replacement) dock system will lie entirely within the existing submerged lands easement for the current marina. The total number of existing slips shall be two hundred twenty two (222), which is six (6) less than what currently exists at the facility. Further, the marine sewage pumpout will be refurbished and reinstalled in its present location. The marina will remain a private facility and will allow water access for boater and non- boater Cypress Landing residents. No fueling facilities are existing or proposed for the marina. 4.d. Since this project does not impact any upland soils, soil boring logs for the marina basin, sampled in June 2003, are provided as an attachment. These logs show soil information from four separate underwater locations within the limits of the proposed work area (the marina basin). Soils shown in these logs generally range from silty clays to clayey sands. 4.h. With regard to zoning, officials at the Mid-East Commission have stated that that the entire tract at Cypress Landing is zoned either R1-ETJ or B1. It is our understanding that the B1 designation applies to a small commercial development within the community. Please note that there is to be no such commercial activity at the marina. There will be no fuel or fuel sales, no transient dock space available for lease, and no ships store. The marina is and will remain for the use of Cypress Landing residents and their guests only. 4.k. Regarding National Register listed or eligible properties, please find attached documentation from the North Carolina Department of Cultural Resources regarding a shipwreck adjacent to the existing marina facility. Correspondence related to Permit #89-191 indicates that the shipwreck, UAU #0017PMR, is mentioned to be potentially eligible for inclusion on the National Register of Historic Places. Additional protection measures were outlined in Permit #89-191 and related permit modifications. The wreck sits just off the southeast corner of Dock "E" and is currently marked by several 4"x4" vertical timber posts. Access to the site is depth limited and there are no existing or proposed boat slips in the area of the wreck. Further, this area will be off- limits to contractors during dock replacement activities. The proposed marina replacement will not affect the shipwreck in any fashion. Construction drawings will indicate that the contractor shall avoid the wreck area. 4.1. This item deals with wetlands at the project site. While there are wetlands on the Cypress Landing tract, the replacement of the marina will not involve disturbance or alteration of any wetlands. We have included a reference map and detail drawing from the original CAMA permit application for the entire tract that shows the absence of wetland impacts for the marina area. Note that the scope of work for the proposed marina replacement project does not include replacement of the fixed timber access pier that connects to the upland or the gangway that leads from the access pier to the floating docks. These items will be reused in the proposed facility, with only minor structural improvements as necessary. Existing Dock Removal With regards to the removal of the existing docks at the facility, we are examining a few options. The Owner, Weyerhaeuser Real Estate Company, has no plans to re-use the docks. We will likely have the marine contractor who performs dock removal and replacement to either dispose of the docks off-site at a proper waste collection facility or we will allow that contractor to submit a deduct alternate in their work bid to take ownership of th-e old docks. In either of these scenarios, the contractor will be advised to follow all applicable federal, state, and focal regulations in the future use or disposal of these docks. For reference we have also included a copy of the following: • The existing CAMA major permit for the marina, #181-89 dated February 8, 1994 • Documentation of the existing submerged lands easement for the marina • Documentation of the shipwreck adjacent to the site by the North Carolina Department of Cultural Resources Form DCM-MP4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major e. Mooring buoys NI Q Permit, Form DCM-MP-1. Be sure to complete all (1) Commercial_Community—Private other,sections of the Joint Application which relate to (2) Number this proposed project. (3) Description of buoy (Color, inscription, size, anchor, etc.) a. Dock(s) and/or Pier(s) (1) Commercial _Community x Private (2) Number 5 (3) Length 321 ' -459 ' (4) Width of water body (4) Width l -8 ' (5) Distance buoy(s) to be placed beyond (5) Finger Piers x Yes . No shoreline (i) Number 225 (ii) Length 28 '-4 2 ' f. Mooring structure (boatlift, mooring pilings, etc.)04n (iii) Width 3 ' =4' 16 ' :"on Dock "C" :T-head)(1) Commercial _Community._Private (6) Platform(s) x Yes No (2) Number (i) • Number 6 (3) Length (ii) Length See attached (4) Width (iii) Width See attached (7) Number of slips proposed 222 g. Other (Give complete description) (8) Proximity of structure to *adjacent riparian #1A property lines See attached (9) Width of water body 2 0 0 0 ' (10) Water depth at waterward end of pier at for NWL -4.23 to -5. 6 NGVD b. Boathouse (including covered lifts). NIA.- (1) Commercial Private � /`n/�{�}(� (2) Length \VVJ Oew (3) Width AppH t #Project Name c. Groin (e.g. wood, sheetpile, etc.) N/A S• (1) Number 's L (2) Length(s) Date d. Breakwater (e.g. wood, sheetpile, etc.) NA (1) Length (2) Average distance from MHW, NWL or wetlands (3) Maximum distance beyond MHW, NWL or wetlands Revised 03195 Attachment to: DCM MP 4 "Structures" Form Cypress Landing Marina Replacement The following provide clarification on some of the items on form DCM MP 4 and are keyed to the related items on the application form. a.6.ii. & a.6.1ii Length and Width of proposed dock platforms There are platforms of varying lengths and widths on the proposed replacement dock system at Cypress Landing. On each proposed main dock tree there is a small platfoTM to support electrical transformers. This is a similar arrangement to what is currently in place at the marina. Dimensions for the transformer platforms are as follows: Dock"A" 3'x14' Dock`B" 3'xl5.25' Dock"C" 3'x 15' Dock"D" 3'xl3.5' Dock"E" 3'x13' Also, we have shown an increase to the dimensions of the gangway-landing platform in an effort to improve safety and decrease congestion in the landing area The dimensions for this platform are approximately 19.5'x108'. This is, in effect, a widening of the main access walkway. a.8. Proximity of structure to P ro riparian e P property lines Per our conversation on August 4, 2003, we have discovered that the existing dock structure actually overlaps the riparian line between the marina facility and the Cypress Ridge HOA. This overlap is approximately 36.5' and impacts only four slips at the end of existing Dock "A". As per your request, we have included an agreement letter between Weyerhaeuser and the Cypress Ridge HOA stating that this condition is acceptable as it relates to dock replacement. We have also enclosed a copy of the deed for the Cypress Ridge property. This condition came about as Weyerhaeuser conveyed the property adjacent to the marina to the Cypress Ridge HOA after the existing marina was permitted and the existing submerged lands easement was granted. You will irecall that the proposed docks shall be positioned entirely within the existin submerged land lease easement. g The proposed new docks will be 6 P inside the riparian property line to the east(Creech). Form DCM-MP-6 MARINA DEVELOPM[ENT (Required for the mooring of more than 10 vessels) Attach this form to Joint Application for CAMA Major g. Typical boat length 3 0 ' Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this h. Maximum boat length 42 ' proposed project- Are i. Are any floating structures planned? No L MARINA CHARACTERISTICS If so, describe a. Check below the type of marina proposed. Commercial Public X Residential b. Will the marina be open to the general public? y• MARLNA OPERATIONS Yes x No a. Check each of the following sanitary facilities that C. If there is residential development associated with will be included in the proposed project the marina, how many units or lots are planned and Office toilets p J how many are currently developed? Toilets for patrons Yes— 736 planned- 736 developed. Number Location Showers d. Check all of the types of services to be provided. X Boaz holding tank pumoout Full service, including travel lift and/or rail Type and location Diaphragm, 3 j4 hp at Dockage, fuel, and marine supplies - T—Head of Dock C x Dockage ("wet slips") only Number of slips 222 b. Describe treatment Dry storage type and disposal location for an sanitary wastewater.Pumpout fixtures Number of boars collected by gravity-, treatment Boat ramp(s) by community Sys em x Other (describe)Marina Sew _g Pumpout c. Describe the disposal of solid .waste, fish offal and e. Check below the proposed type of siting. trash disposal. Onshore refuse services Land cut and access channel Open water with dredging for basin and/or X channel Open water, no dredging required d. How will overboard discharge of sewage from boats Other (describe) be controlled? Not permitted; Pumpout facilities provided f. Describe the typical boats to be served (for example, Omm runabout, charter boats, sail boats, mixed des). Mixed e. Give the location and number of "No Sewage Discharge' signs proposed-At T—Head of each floating dock (A—E) and in office Rerssed 0319S 5 total Form DCM-.Nfp-6 Describe t_he special design, if applicable, for e. LS the containing indus'u•ial :ype Pollutants, suc7 as paint second marina proposed within a primary c sandblasting waste and p�oleum produce. ary nursery ar`a2 __Yes x Na N/A P. is the marina proposed within an area open shellfish harvesting? — yes x NO q. Give the location and number of �,,.,,�,�u g. Where will residue from vessel maint.=Mce. be f!oaabtq lnq�2M Pr osed At T-Bead o` f eac disposed of? N/A (5. Total) dock (A_ an in -file �3eel 11. Give she number of channel markers and "No Wake" signs proposed. None i. Give the location of feel-handling facilities, and Dare describe the saf measures planned to prote�area quality.. NT7A Fuel facilit;e not includez3 j. Descr-R)e design measures that p�� boat basin Bushing or cinsiiar n and that reduce water quality impacts.,OPen boat bas i n t Z10W fluctuati i on, wnd and curt n k- What will be the marina policy on overnight and live board dodge? None a 1 i „woa 1. Is the Proposed marina located near any shellfish ' Ieases7 Yes x NO If Yes, gve the name and address of the leaseholder. m. If this project is an boa of as a�istin� , wf acemen es Of services are mxendexiztjn pmvided? aacx system with water, elec r; and mars ne sewaap nUMDO11t- -i e. n. How maav slips am w, available? 228 a3J95 PROPOSED MARINA MOTES: CHOCOWINITY BAY •� SLIP MIX BATMYMETRY AND UPLAND SURVEY SIZE(ft) QUANTITY BY Mcx,M &CREED. )MC. ON 5/90 AND 2/03. ELEVATIONS 28 20 REPORTED IN FEET, NOVO 1929. 30 75 *-5•73 5/90 SOUNDINGS FLOOD 34 49 -a- 2/03 SOUNDINGS y •.e 38 46 eO EBB 42 32 TOTAL 222 ) J N P EXISTING SUBMERGED _ 0 140 o� LANDS EASEMENT m A Scale in Feet j Q/DOCK"B" ,^�"' .,J✓ pOGK"p"; � pOCK"�" POCK"C" DOCK"A" •`J� s N N, � /� O p N •^J N � ^aye-.,. •^J o m /J •^lei m N N O WJ C.to Y1 10 ywt w ~ w 7 to J1 03 -` YESS LANDING PR �' '� •� 7y J P.C.E,SLIDE 36-10 (CYPRESS RIDGE)� FJ o THE LANDING CYPRESS LANDING SUBDIVISION n PLAT CAB'E'SLIDE 59-9 �' + ,f �- SS L DING UBDIVISION /P S I,tECTION V j /PLAFCABIN Ef,SLIDES 63-6,63-7,63-8 r !v• ! 1 f /^ (CREECH) XED CD -1 f 4 �2 7 \ a In PURPOSE: MARINA REDEVELOPMENT PROPOSED REDEVELOPMENT PROPOSED: MARINA REDEVELOPMENT DATUM: NGVD 29 IN: CHOCOWINITY BAY APPLICATION BY: WEYERHAEUSER REAL AT: CHOCOWINITY BAY & SR 1123 ESTATE COMPANY (800 POTOMAC DRIVE) USACE # COUNTY OF: BEAUFORT ADJACENT PROPERTY OWNERS: WEYERHAEUSER REAL ESTATE CO. �„t�.,,� .I Ilk.,.,ao, P.0 BOX. 1391 STATE: NORTH CAROLINA SEE EXHIBIT B SHEET 3 DATE: 7/21/03 NEW BERN, N.C. 28560 Revised: E 8/19/03 zoo MT. CGLEMA EkWT, e<rt.S 64 M (64 3)W-6750 FM 664-6935 i EXISTING MARINA t CHOCOWINITY BAY SLIP MIX NOTES: Y3 SATHYYETRY AND UPLAND SURVEY SIZE( ) QUANTITY BY YeKIY k CREED. INC ON 26 21 5/90 AND 2/03. ELEVAT)ONS REPORTED IN FEET, NOVO 1929. 30 76 N-5.73 5/90 SOUNONM 34 49 .am 2/03 SOUNDWGS ; FLOOD 38 48 42 34 EBB '.° TOTAL 228 `, I N 7 I Q4F 0 -140 � � O/ EXISTING SUBMERGED Scole in Feet .411 4Z/ s� LANDS EASEMENT rt / I DOCK„B„ DOCK„D" DOCK DOCK"A�/ _ I. DOS,.C -,. � ��\ a �J _o fp N J j `J ,fie N ^� r � A w w q �Q to O 7 m � JA`r \t w U / f�RESS LANDING P.C.EAUDE 36-10 �� �l :.t•._. �' �' a rfn •�'e -� `'�� (CYPRESS RIDGE) �'. a THE LANDING CYPRESSPLAT CANE"SLIDE ING SUBDIVISION IVIION .flJ I� 1 r f 1 v 59-9 00 C'i' RJ SS,'L�LADING SUBDNISION 1. ECTION V ` LA .BlI SLIDES 63-6,63-7.63-8 (CREECH) m v o PURPOSE: MARINA REDEVELOPMENT EXISTING CONDITIONS PROPOSED: MARINA REDEVELOPMENT DATUM: NGVD 29 IN: CHOCOWINITY BAY APPLICATION BY: WEYERHAEUSER REAL AT: CHOCOWINITY BAY do SR 1123 USACEESTATE COMPANY (800 POTOMAC DRIVE) ADJACENT # COUNTY OF: BEAUFORT ADJACENT PROPERTY OWNERS: WEYERHAEUSER REAL ESTATE CO. ,T� SEE EXHIBIT B P.0 BOX. 1391 STATE: NORTH CAROLINA NEW BERN, N.C. 28560 SHEET 2 DATE: 7/21/03 Revlsed: 5/05/03 260 nsT CCLEunD BLWo SLATE A Revlsed: 8 19OS .T.PtEk WT.SC 29aM / / ro.3)es.-e7.FAR ee.-e93s DOCK"B" DOCK"A" r 79 4' � 7, _ DOCK"C" 65' - 34' 38' --{ 87' —{ 4 7' 3' � I f 30' 28' -C + T f— 42' 38' --� I i L 3 L_ 3' -------------- 15.25' 15.25' I T 1T5' 16' T + i _ f---- 61, — 13' L 13' 324' i 426' I � 47' � I I 7'CD z i N N m 0 60 �—ter i Scale in Feet D PURPOSE: MARINA REDEVELOPMENT PROPOSED REDEVELOPMENT PROPOSED: MARINA REDEVELOPMENT DATUM: IN: CHOCOWINITY BAY L TION BY: WEYERHAEUSER REAL WITH DIMENSIONS AT: CHOCOWINITY BAY do SR 1 123 ESTATE COMPANY (800 POTOMAC DRIVEAnn- SEE # NT PROPERTY OWNERS: WEYERHAEUSER REAL ESTATE CO. COUNTY OF: BEAUFORT HIBIT B P.0 BOX. 1 391 STATE: NORTH CAROLINA 7/21/03 NEW BERN, N.C. 28560 „o , L 5u� SHEET 4 1n4 r.ee rwuat,sc n" e73o F.as—59M DOCK"C" DOCK"D" 87' 4' t--- 71' -- DOCK"E" 7' 7' 4 — 50 I � 34' 30' 8 T '— 42 38' ' 3 42' 4' Tol I I 13.5' _ 13.5' I 15, 16, i 16.25' I T189.25' I I I I . 7' --- 59' 7' i 3' 3 437' I 464' t -- 43' I N 0 60 ` Scale in Feet i 270' z- Ia z zi a 30' F--- N --� 30' f--- 55' --{ n 7' r FAPPLICATION URPOSE: MARINA REDEVELOPMENT PROPOSED REDEVELOPMENT ATUM: PROPOSED: MARINA REDEVELOPMENT BY: WEYERHAEUSER REAL W f TH DIMENSIONS IN: CHOCOWINITY BAY ESTATE COMPANY AT: CHOCOWINITY BAY & SR 1123 SACE # (800 POTOMAC DRIVE) ADJACENT PROPERTY OWNERS: WEYERHAEUSER REAL ESTATE Co. COUNTY OF: BEAUFORT SEE EXHIBIT B P.0 BOX. 1391 STATE: NORTH CAROLINAR-i `' DATE: 7/21/03 NEW BERN, N.C. 28560 SHEET 5 �60"�Tmt i.PIEAShpT, (!IJ)"M-E770!Ai IN-0915 PILE FINGER PIER ANCHOR /— 3'WIDE(lYP) EXISTING a (NP) TIMBER FIXED Qua EXISTING PIER z �a GANGWAY `'' N � uj N^ g e FLOATING DOCK'C" W a PIER HEAD w re Z 16' -SLIP w > >- o m � (6 5 WIDE) a a o CLEARANCE Z in Q 1, a (NP) NQRMAL WAT€R v Z O In vanes z o o p a t; w- EXISTING / 0 - 0 0 0 o Z / / \ a z no. 5 czi m Z w GRADE �\ W a l- o a W z t- x - In 5 rn O Q U I Q W N-10 W00 N600 500 400 300 200 100 p Z cep NOTES: DISTANCE (11) O J M SECTION A-A �- Wcj 1) DEPTHS BASED ON SURVEY 10V:1 H LJ L) �0 z w z BY McKIM CREED 2/2003. SCALE 2) NORMAL WATER LEVEL AT I j o m WASHINGTON IS ESTIMATED TYPICAL PROPOSED DOCK cn aa 3 AT+0.7'NGVD(BASED ON DETAILS = W CONSTRUCTION w z USACE GAGE DATA). � w 3 MALLEABLE IRON CLEATS J a w 4'XB'X16" PONTOON (TYP) z 2 SIDE VIEW FIN R D K fTYPI � W a • n- In M 6 TYPICAL TREATED O =O PINE FRAMING j =U z W > lQ 0:: 3M y W t- Z Oh w M N >- a- O • ao 00 a m > z n- cv wza 4hzz ^ TYPICAL PONTOON LOCATION " a 2'X6' DECKING o m U w La U w ., �►p- a a-aiw � PLAN VIEW FINGER K (TYPI a s In o w a aoa � awo f0/IZ/L 0M0'100H316LC0 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD A) APPLICANT: Cypress Landing Marina County: Beaufort LOCATION OF PROJECT: Beaufort County off SR 1123 at the Cypress Landing Subdivision on Chocowinity Bay near the Town of Chocowinity,North Carolina DATE APPLICATION RECEIVED COMPLETE BY FIELD: 15 August 2003 FIELD RECOMMENDATION: ATTACHED CONSISTENCY DETERMINATION: FIELD REPRESENTATIVE: David W. Moye DISTRICT OFFICE: Washington DISTRICT MANAGER REVIEW: opre l►3 B) DATE APPLICATION RECEIVED IN RALEIGH: S jzi Zu3 FEE RE 'D: $400 PUBLIC NOTICE REC'D: ✓ END OF NOTICE DATE: 9 ! v ADJ. RIP. PROP NOTICES REC'D: ✓ DEED REC'D: APPLICATION ASSIGNED TO: ON: C) 75 DAY DEADLINE: o 03 150 DAY 4 ADLINE: MAIL OUT DATE: (�� STATE DUE DATE: C 1 U FEDERAL DUE DATE: FED COMMENTS REC'D: glZ2 /Q3(3j. {ila A04tA PERMIT FINAL ACTION: ISSUE DENY DRAFT ON 3 L)3 AGENCY DATE OBJECTIONS: NOTES COMMENTS YES NO RETURNED Coastal Management - Regional representative �12zfr/3 ✓ Cow-*VnA r Coastal Management - LUP Consistency Determination Division of Community Assistance �f251�3 ,i Land Quality Section eI221u3 ✓ IJ C- Division of Water Quality /,f U3 5q 1011103 ✓ Storm Water Management (DWQ) r State Property Office Division of Archives & History Division of Environmental Health cy Division of Highways q Wildlife Resources Commission OLAW lu3 Division. of Water Resources Division of Marine Fisheries Submerged Lands (DMF) LQmA zv,-,,, Permit# I S�-OY DCM Coordinator: ,/Y MAILING DISTRIBUTION: Permitee: < /IiPJ�/'//tCl//ty Agent: DCM Field Offices: Elizabet4-cuy Morehead City Washington Wigton US Army Corps of Engineers (USACE): Washington: Mi} ) Bill Biddlerome(NCDOT) Raleigh Bland Wilmington: Dhve Ti y (NCDOT) Hen ' ker Others: Cultural Resources: Renee Gledhill-Early Environmental Health: Beverly Sanders Marine Fisheries: Mike Street NCDOT: Roberto Canales Shellfish Sanitation: Patti Fowler State Property Office: Joseph Henderson Water Quality: John Dorney John Hennessy (INK,DOT) Water Resources: John Sutherland Wildlife Resources: David McHenry Dom£-e3 T) CDOT) FAXING DISTRIBUTION: Permitee at_a�-� Lo 3 -T 7�12,i- Agent at Oc .s �.Fj V F US DCM Field Offices: Elizabeth-Gty--- Morehead City F Washington wilmington US Army Corps of Engineers (USACE): Washington: Mike Bell (Nef)ET) Bill Biddlecome DOT) Raleigh Bland Wilmington: Da (NCDOT) H� Wirker F Nj A 7•F Michael F.Easley,Governor � 9pG William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources Cq r Alan W.Klimek,P.E.,Director } Division of Water Quality Coleen H.Sullins,Deputy Director Division of Water Quality October 6,2003 DWQ#03-1059 Beaufort County Weyerhauser Real Estate Development Company C/o Mr.John M. Doughty P.O. Box 1391 New Bern, NC,28560 APPROVAL of 401 Water Quality Certification with Additional Condition Dear Mr. Doughty: You have our approval, in accordance with the attached conditions,to incorporate7.6 acre of non-vegetated wetlands in order to replace an existing 228-slip marina with a 222-slip marina in the same footprint at the Cypress Landing Subdivision in Beaufort County,as described in your application received by the Division of Water Quality on August 25,2003. After reviewing your application,we have determined that this fill is covered by General Water Quality Certification Number 3400,which can be downloaded from our web site at http://h2o.enr.state.nc.us/ncwetlands . This Certification allows you to use your CAMA Permit when issued by the NC Division of Coastal Management. In addition,you should get any other federal,state or local permits before you go ahead with your project including (but not limited to)Sediment and Erosion Control, Non-Discharge,Water Supply Watershed and U.S.Coast Guard regulations. Also this approval will expire when the accompanying CAMA Permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us in writing and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project(now or in the future)exceed one acre,compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification and the additional conditions listed below: 1. You are required to return the attached Certification of Completion form to notify DWQ when all work included in the 401 Certification has been completed; If you do not accept any of the conditions of this certification,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 conforming 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. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,please telephone Tom Steffens in our Washington Regional Office at(252)946-6481 or Cyndi Karoly in our Central Office in Raleigh at(919)733-9721. Sincerely, Alan W. Klimek, P.E. AW K/cbk Attachments cc: Corps of Engineers Washington Field Office Washington DWQ Regional Office Central Files File Copy Doug Huggett, DCM Applied Technology and Management,260 W.Coleman Blvd., Suite A, Mt. Pleasant, SC,29464 031059 N.C.Division of Water Quality,401 Wetlands Certification Unit, 1650 Mail Service Center,Raleigh,NC 27699-1650(Mailing Address) 2321 Crabtree Blvd.,Raleigh,NC 27604-2260(Location) (919)733-1786(phone),919-733-6893(fax),(http://h2o.enr.state.nc.us/ncwetiands) Customer Service#: 1-877-623-6748 North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross, Jr., Secretary MEMORANDUM TO: Mr. William McNeil, Director �� Division of Community Assistance FROM: Doug Huggett AUG 2 5 2003 Major Permits Processing Coordinator 01V.0F Q8W FMMH DATE: 18 August 2003 SUBJECT: CAMA/Dredge and Fill Permit Application Review Applicant: Cypress Landing Marina Project Location: Beaufort County off SR 1123 at the Cypress Landing Subdivision on Chocowinity Bay near the Town of Chocowinity,North Carolina Proposed Project: The applicant proposes to replace an existing 228-slip marina with a 222- slip marina in the same footprint. Please indicate below your position or viewpoint on the proposed project and return this form by 8 September 2003. If you have any questions regarding the proposed project, please contact at 252-946-6481, Extension #290. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. his office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. n Signed Date D " Z 2 —d 3 943 Washington Square Mall,Washington,North Carolina 27889 Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.nccoastalmanagement.neU An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper COVED SFP NCDENR 3 2003 North Carolina Department of Environment and Natural ResourcesJryOFCONIALM% Division of Coastal Management AftlQFI Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary August 25,2003 MEMORANDUM TO: Mr. Joseph H. Henderson, Director State Property Office Department of Administration FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: CYPRESS LANDING MARINA PROJECT LOCATION: OFF SR 1123 AT THE CYPRESS LANDING SUBDIVISION ON CHOCOWINITY BAY NEAR THE TOWN OF CHOCOWINITY, NORTH CAROLINA. PROPOSED PROJECT: REPLACE EXISTING 228-SLIP MARINA WITH A 222-SLIP MARINA IN THE SAME FOOTPRINT. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 15, 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 245. When appropriate, in-depth comments with supporting data is 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. This agency objects to the project for reasons described in the attached comments. 01 SIGNED DATE 0 AI O __�638 Mail Service Center, Raleigh, North Carolina 27699-1638 -H�.�.o Phone: 919-733-2293\FAX: 919-733-1495\ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper 4l.1)U1 L1V L 011,311 1 rdX•LJL-y4V-f 4JJ JC� 4 VJ 1L •J4 r ui V1 NCDE R North Carolina Department of Environment and Natural Resources Division of .Coastal Management Michael F. Easley,Governor Donna,D. Moffitt, 31rector William G.Ross Jr.,Secretary August 25, 2 03 MEMORANDUM AUG8 2(IQ3 TO: Mr. Roberto Canales1S State Coostruction/Materials Branch 4 1: ;; 1 Division of Highways FROM: Doug Eiuggett Major Permits,Processing Coordinator SUBJECT: CAMA PERMIT.APPLIC TION REVIEW APPLICANT: CYPRESS LANDING MAJUNA PROJECT LOCATION: OFF SR 1123 AT THE' CYPRESS LANDING SUBDIVISION ON CHOCO'WINITY BAY NEAR THE TOWN OF CHOCOWINITY, NORTH CAROLIN,A,. PROPOSED PROTECT: REPLACE EXISTING 28-SLIP MARINA WITH A 222-SLIP MARINA IN THE SAME FOOTPRINT. Please indicate below your agency's position or viewpo nt on the proposed project and return this form by September 15, 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, w. 245. When appropriate, in-depth comments with supporting data is requested. REPLY This agency has no objection to the project as : roposed. This agency has no comment on the proposed joroject, This agency approves of the project,only if the recommended changes are 111corporated. This agency objects to the project for reasons escribed in the attached comments. SIGNED 10 ATE o -- Post-k4 Fax Note 7671 Post-it'Fax Note 7671 pal® 03 paaBsutmj ► Tb e From Co,�oeptr Oo,/Npt. Co. IG / D�. late.nc.us 'aper Phony Phone N a phoPp ✓� _ Fex• I r- 3� ._ =j 1 � T7 Faz VZ p✓.J- �_� A NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley,Governor Donna D. Moffitt, Director William G. Ross Jr.,Secretary August 25,2003 4:064WXY4 MEMORANDUM it AUG 27 2000 TO: Mr. John Sutherland, Chief D1VI81O1\J CIF Water Planning Section *A7BJ ftWOUiCES Division of Water Resources FROM: Doug Huggett �E�����D Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW SFP 12 2003 APPLICANT: CYPRESS LANDING MARINA c)WOCO PAWS AGEMEM PROJECT LOCATION: OFF SR 1123 AT THE CYPRESS LANDING SUBDIVISION ON CHOCOWINITY BAY NEAR THE TOWN OF CHOCOWINITY, NORTH CAROLINA. PROPOSED PROJECT: REPLACE EXISTING 228-SLIP MARINA WITH A 222-SLIP MARINA IN THE SAME FOOTPRINT. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 15, 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 245. When appropriate, in-depth comments with supporting data is requested. REPLY This agency has no objection to the project as proposed. x This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. This agency objects to the project for reasons described in the attached comments. I /SIGNED DATE Ve V-7 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\ Internet: http://dcm2,enr.state,nc.us An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper Q �A "EcameD SEP ] 2 200 NCDENR ,,N� 3 North Carolina Department of Environment and Natural Resources C0AVALlWA G Division of Coastal Management RAL�� EMEN'I Michael F. Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary August 25,2003 MEMORANDUM B TO: Mike Kelly, Acting Director FA'tJG 2Division of Environmental Health � FROM: Doug Huggett I SHELLFISH SANITATION Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: CYPRESS LANDING MARINA PROJECT LOCATION: OFF SR 1123 AT THE CYPRESS LANDING SUBDIVISION ON CHOCOWINITY BAY NEAR THE TOWN OF CHOCOWINITY, NORTH CAROLINA. PROPOSED PROJECT: REPLACE EXISTING 228-SLIP MARINA WITH A 222-SLIP MARINA IN THE SAME FOOTPRINT. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 15, 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 245. When appropriate, in-depth comments with supporting data is requested. REPLY This agency has no objection to the project as proposed. -7 This agency has no comment on the proposed proje This agency approves of the project, only if the recommended changes are incorporated. This ageicy object to the pro ct for reasons described in the attached comments. SIGNED DATE �f - Z` 0?j 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper �� ia NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary August 25,2003 MEMORANDUM RO ' � 'ED TO: David McHenry Wildlife Resources Commission SEP 1 6 2003 ATTN: Habitat Conservation Program JN OFCWT! "4ANAGFA9r1 FROM: Doug Huggett Rkei 1") Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: CYPRESS LANDING MARINA PROJECT LOCATION: OFF SR 1123 AT THE CYPRESS LANDING SUBDIVISION ON CHOCOWINITY BAY NEAR THE TOWN OF CHOCOWINITY, NORTH CAROLINA. PROPOSED PROJECT: REPLACE EXISTING 228-SLIP MARINA WITH A 222-SLIP MARINA IN THE SAME FOOTPRINT. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 15, 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 245. When appropriate, in-depth comments with supporting data is requested. REPLY his agency has no objection to the project as proposed. This agency has no comment on the proposed project. r gency app ves of the project, only if the recommended changes are incorporated. gency ob' cts to the project for reasons described in the attached comments. SIG DATE f d3 1638 Mail Service Center, Raleigh, North Carolina 2769 1638 , Phone: 919-733-2293\FAX: 919-733-1495\ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper r North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross, Jr., Secretary MEMORANDUM TO: Mr. Preston P. Pate, Jr., Director �� r` ^ i Division of Marine Fisheries FS E 2 5 . FROM: Doug Huggett Major Permits Processing Coordinator ........... .. DATE: 18 August 2003 SUBJECT: CAMA/Dredge and Fill Permit Application Review Applicant: Cypress Landing Marina Project Location: Beaufort County off SR 1123 at the Cypress Landing Subdivision on Chocowinity Bay near the Town of Chocowinity,North Carolina Proposed Project: The applicant proposes to replace an existing 228-slip marina with a 222- slip marina in the same footprint. Please indicate below your position or viewpoint on the proposed project and return this form by 8 September 2003. If you have any questions regarding the proposed project, please contact at 252-946-6481, Extension #290. When appropriate, in depth comments with supporting data are requested. REPLY '/ This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. Signed Date�� 943 Washington Square Mall,Washington,North Carolina 27889 Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.nccoastalmanagement.nev An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper MEMORANDUMVW RFC AUG 2 2 2003 TO: Doug Huggett ON OFWAft1AAVAf-W"Pftr THROUGH: Terry Moore RALIN FROM: David MoyeM DATE: 15 August 2003 SUBJECT: Cypress Landing Marina Major Application The proposed project appears to be consistent with the rules found in Subchapter 7H concerning development in Public Trust Areas. It is important to note that this project is the replacement of an existing 228-slip marina with a 222-slip marina in the same footprint. The existing marina was permitted under CAMA Major permit No. 181-89. It is important to note that when the original permit was issued, Weyerhaeuser through restrictive covenants attached to each deed, relinquished any and all riparian rights of the homeowners with waterfront property. If the permit is issued, the standard conditions relating to marina installation and operation should be included as well as a condition requiring the facility to adhere to the previously approved marina operation plan submitted by Weyerhaeuser during the original permit process. Photos of the site can be found in the photo file under Cypress Landing Marina. Robert N Martin Project Manager Weyerhaeuser Weyerhaeuser Real Estate Development Company The future is growing- PO Box 9777 EC3-3C8 Federal Way WA 98003 Tel 253 924 2930 Fax 253 924 3007 August 1 , 2003 North Carolina Department of Environment and Natural Resources Division of Coastal Management ATTN: Mr. David Moye 943 Washington Square Mall Washington, North Carolina 27889 Re: CAMA Major permit application for floating dock replacement at Cypress Landing Marina Dear Mr. Moye: I hereby authorize Applied Technology & Management, Inc. (ATM) to act on behalf of Weyerhaeuser Real Estate Development Company in the processing of this application and to furnish supplemental information in support of this application. If you have any questions please feel free to contact me at (253) 924-2930. Sincerely, 2V Bob Maritn Project Manager North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross,Jr., Secretary 21 August 2003 Washington Daily News Post Office Box 1788 Washington, NC 27889 Attention: Legal Advertising Department Please include the enclosed Notice of Filing in the Public Notice section of the 25 August 2003 edition of your newspaper. If it will not be possible to include this notice in that edition, or if you should have any questions about this notice, please call me as soon as possible at 946-6481. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notices; and an original invoice to CHRIS POPE, COASTAL MANAGEMENT, ENVIRONMENT AND NATURAL RESOURCES, 1638 MAIL SERVICE CENTER, RALEIGH, NC 27699 1638. Thank you. Sincerely, Sandra Gordon Secretary, Division of Coastal Management c: Doug Huggett Original faxed: �� Original mailed: e 943 Washington Square Mall,Washington,North Carolina 27889 Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.nccoastalmanagementneV An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by N.C.G.S. 113A-119(b)that an application for a development permit in an Area of Environmental Concern as designated under the CAMA was received on 15 August 2003. According to the said application, Cypress Landing Marina, proposes to replace an existing 228-slip marina with a 222- slip marina in the same footprint, at Beaufort County off SR 1123 at the Cypress Landing Subdivision on Chocowinity Bay near the Town of Chocowinity, North Carolina. A copy of the entire application maybe examined or copied at the office of Terry Moore, 943 Washington Square Mall, Washington, NC during normal business hours. Comments mailed to DONNA MOFFITT, DIRECTOR, COASTAL MANAGEMENT, ENVIRONMENT AND NATURAL RESOURCES, 1638 MAIL SERVICE CENTER, RALEIGH, NC 27699-1638 prior to 19 September 2003 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. Please publish on 25 August 2003 in the Washington Daily News for the NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT, ENVIRONMENT AND NATURAL RESOURCES, 1638 MAIL SERVICE CENTER, RALEIGH NC 27699-1638, ATTN: CHRIS POPE. North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross,Jr., Secretary 18 August 2003 Mr. John Doughty Authorized Agent For Cypress Landing Marina Weyerhaeuser Real Estate Development Company Post Office Box 1391 New Bern,NC 28560 Dear Mr. Doughty: The Division of Coastal Management hereby acknowledges receipt of an application for State approval for development of property located in Beaufort County off SR 1123 at the Cypress Landing Subdivision on Chocowinity Bay near the Town of Chocowinity,North Carolina. It was received on 15 August 2003 and appears to be adequate for processing at this time. The projected deadline for making a decision is 29 October 2003. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will also serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. Should there be any questions on this procedural change, do not hesitate to contact me. N.C.G.S. 113A-119(b) requires that notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your,proposed development. You should post this notice at a conspicuous point along the property where it can be observed from a public road. Some examples would be: nailing the notice card to a telephone pole or tree along the road right-of-way fronting the property, or at a point along the road right-of-way where a private road would lead one into the property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, David W. Moye, Field Representative 4 Division of Coastal Management Washington Regional Office ENCLOSURE c: Doug Huggett Terry Moore 943 Washington Square Mall,Washington,North Carolina 27889 Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.nccoastalmanagement.neV An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper r i s Yy a t vt aRo. AMAI- RMIT APPLIED FOR P AOJ EV PuCi91�T P2zP�ES to &-pL pLAtj �X1ST/IJCs 222- SI-1P YAAP-/1)A222-S U i° Yl'I Ab LA 10 YN 6 SAnlr= 7'P24 13T. *,5F-E 25 ALisUS r 2003 Le ) f A S H 110 C�Tdo 'Du LLi )XP:SL COMMENTS ACCEPTED TFROUGH JIZURMmloa- PPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: witrss LA)UDWO, I* / y8 E U ' TATiV9 1241 V. 43 G A I- a A LL T 1591 G ujo NC 2'354on 252- 946-ID491 zz- 1.0 33-743 lz SECTIONDELIVERY SENDER: COMPLETE THIS SECTION COMPLETE THIS ■ Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly) B. Date of Delivery item 4 if Restricted Delivery is desired. '?' �3 ■ Print your name and address on the reverse C. Signature so that we can return the card to you. �- ❑Agent ■ Attach this card to the back of the mailpiece, X r --- ❑Addressee or on the front if space permits. D. Is delivK address/different from item 1? ❑ Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No d 3 S ce Ty . pe Certified Mail ❑ Express Mail � l�L ❑ Registered ❑ Return Receipt for Merchandise Coca It ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number(Copy from service label) PS Form 3811,July 1999 Domestic Return Receipt 102595 00 M 0952 COMPLETE • COMPLETE THIS SECTIONON DELIVERY ■ Complete items 1,2, and 3.Also Complete A. Received by(Please Print Clearl B a D ve item 4 if Restricted Delivery is desired. Cy) ■ Print your name and address on the reverse J 2 f? y (' e-e so that we can return the card to you. C. Signature ■ Attach this card to the back of the mailpiece, ❑Agent or on the front if space permits. .' ❑Addressee 1. Article Addressed to: Is livery address different from item 1? ❑Yeses YES,enter delivery address below: o je r rq � Sup C reed', h 3 Pamlico Lant- Cha C DVJO� i Y) 3. Service Type Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) ❑ Yes 2. Article Number(Copy from service label) -1 )00 I 1 aS wo r�' -1-1q D to PS Form 3811,July 1999 Domestic Return Receipt 102595-00-M-0952 — ' -- -- .2539240000 4 1 i 2 8- 4-03; 12:38PM 2529757489;* 1 SK 6 PC 4 6 1 115 .� STATE OF NORTH CAROLINA COUNTY OF BEAUFORT DEED OF CONVEYANCE THIS DEED OF CONVEYANCE, made and entered into this �M day of December, 1999, by and between WEYERHAEUSER REAL ESTATE COMPANY, a Corporation qualified to do business in the State of North Carolina, hereinafter, referred to as party of the first part, and CYPRESS RIDGE HOMEOWNER' S ASSOCIATION, INC. hereinafter, referred to as party of the second part (it being .fully understood and agreed that any pronoun or other word used herein shall be construed as singular or plural, and of the masculine, feminine or neuter gender, as the context may indicate or require) ; 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 consideration to it paid by the party of the second part , the receipt of which is hereby acknowledged, has bargained and sold, and by these presents does hereby grant, bargain, sell, and convey to the party of the second part, its successors and assigns, those certain tracts or parcels of land situate in the COUNTY OF BBAUFORT, STATE OF NORTH CAROLINA, and more particularly described as follows : TRACT ONE : All of the property shown on that plat recorded in Plat Cabinet F, Slide 3-4 , Beaufort County Registry, not designated as a residential lot or otherwise denoted for future development or for conveyance to a third party, or reserved by party of the first part for its use and benefit including, without limitation, the following: (a) All of that area designated as Ridge Road (including the grass median) ; (b) All of the "access and pedestrian eaeement" ; and (c) All of that area designated "common" . TO HAVE AND TO HOLD said tracts or parcels of land and all privileges and appurtenances thereunto belonging or in any way appertaining to the said party of the second part, its successors and assigns, to their only use and behoof forever. And the said party of the first part does covenant that it is seized of said premises in fee and has the right to convey the same in fee simple; that the same are free and clear of ACCEPT J line Rnnrr'i wfiCltil 1)o(k AUG-04-2003 16:23 2539240303 96% P.01 0- 4-UJ; 14:4[SF'M;WHCC:V ;2539240000 # 2/ 2 8- 4-03; 12;38PM 7 2529757489;# 2 IK1156PC4a21 ' 2 encumbrances, and that it will warrant and forever defend the said title to the same against the lawful claim of all persons whomsoever. IN TESTIMONY WHEREOF, the said party of the first part has authorized the execution of this Deed of Conveyance by corporate action of its Board of Directors the day and year first above written. SER R ESTATE COMPANY Ia reei ent: -ATTEST: ! ' L,r cr•et dry STATE OF NORTH CAROLINA COUNTY OF BEAUFORT I, Atjv , a Notary Public of the afo esaid State and County, d -hereby certify that '1E.1 1, f>r,/ personally came before me this day and acknowledged that _he is r-Secretary of WEYERHAEUSER REAL ESTATE COMPANY a North Carolina Corporation, and that by authority duly given and as an act of the corporation, the foregoing instrument was signed in its name by its�� President, sealed with its corporate seal and attested by its Secretary. Witne a my hand and official stamp or seal , this �� day of _, 1999 . Notary Public ,., Commission Expires : ; r•'a'rt'il::0) 4 Weyer/Cyp/Ridge.Wtt rtr12-22-99 peeufoCountYM e fore ping Car ifieate of 6537.1 CA-A- Nptar Pqb1ic/Notes ' s Pub is is a certi led to bq'�orrect• this � day of 19 at�-:3g o I lack b. Jennifer Leggett By , 'IPeister of Deeds Ass' / put.7 R aS ster oP AUG-04-2003 16:03 2539240000 96% P.02 U r'G`"U`) If4 JC 1-rINL55 LANDING 4 1 843 884 8935 NC.464 D02 . I fir. BOOK 9 0 0 PAGE L1 STATE OF NORTH CAROLINA COUNTY OF BEAUFORT THIS DEED, Made and entered into this f5 day of Deceaber , 1988 , by and between Weyerhaeuser Company, a corporation of the State of Washington, and duly authorized to do business in the State of North Carolina, party of the first part, and Weyerhaeuser Real Estate Company, a corporation of the State of Washington, and duly authorized to do business in the State of North Carolina, party of the second part; W I T N E S S E T H : That the said party of the first part, for and in con- sideration of the gum of TEN AND NO/100 ( $10 . 00) DOLLARS and other good and valuable considerations to it in hand paid, by the party of the second part, the receipt of which is hereby acknowledged, has bargained and sold and by these presents does bargain, sell and convey, unto the said party of the second part, its successors and assigns, subject to the terms and condi- tions as hereinafter set out, those certain tracts or parcels of land lying and being in Chocowinity Township, Beaufort County, State of North Carolina, and being more particularly described as follows: SEE EXHIBIT "A" ATTACHED HERETO FOR A MORE COMPLETE AND ACCURATE DESCRIPTION OF THE PROPERM HEREIN CONVEYED. PgEPAREO BY; T.R.THOMPSON,JR. ATTORNEY AT UAW ' AURORA,NORTH CAAOLINA JUL-23-2003 15:43 2529757469 96i F.02 ,IJIj 14:J(0 LrNk555 LANDING 4 1 843 884 e935 N0.464 903 fl00K � PAGE 461 This conveyance is made subject . to the following terms and conditions: This conveyance is made subject to the reservation of mineral rights which are retained by Weyerhaeuser Compa- ny and said reservation is stated in substance as fol- lows : "The Grantor hereby expressly saves, reserves and ex- cepts out of the grant hereby made, unto itself , its successors and assigns forever, all ores and minerals including but not limited to oil, gas, coal, distil- lates, and condensates in and under said land. Top soil, sand, fill dirt, ground water, and other commonly occurring substances are expressly excluded. Notwith- standing the foregoing and notwithstanding any other legal or equitable right or remedy now existing or hereafter enacted or created, Grantor hereby agrees, for itself and for its successors and assigns, that the rights hereby reserved and excepted shall not be exer- cised in a manner adversely affecting use of the sur- face at any time unless and until the Grantor or its successors or assigns, as the case may be, shall first make satisfactory written arrangements with the then owner of the property affected and with the mortgagee or mortgagees of such property, as their respective interests may appear, to compensate said owner and mortgagee or mortgagees for damages incurred to the surface and any improvements thereon in exercising such rights. " TO HAVE AND TO HOLD the aforesaid tract or parcel of land together with all the rights, privileges and appurtenances thereunto belonging unto it, the said party of the second part, its successors and assigns, to their only use and behoof forev- er, subject to the terms and conditions as set out hereinabove. And the said party of the first part, for itself, its �REPagEO 8Y; successors and assigns, covenants to and with the said party of T.fAT ATTORNEY LAW the second part its successors and assigns, that it is seized ATTORNEY AT tAw , IUROgA,NORTH CAROLINA - 2 - JUL-23-2003 15:44 2529757469 96i P.03 GJVJ iw•Jo t,YHHESS LANDING -� 1 843 e84 e935 N0.464 004 BON C PAGE 4 0 I EXHIBIT "A" TRACT 1 : Beginning at an iron in the Southern or Eastern edge of the right of way of Kitty Road, said iron being located at a common corner of the property conveyed by Edna Mae 'Vaughan to Weyerhaeuser Company by that Heed recorded in Book 895, Page 328, Beaufort County Registry, and the property herein conveyed, running thence from said iron, the Point of Beginning, along and with the Eastern or Southern edge of the right of way Kitty Road North 35 degrees 44 minutes 10 seconds East 192 feet to an existing iron, thence turning and running south 46 degrees 18 minutes 41 seconds East 60 feet to an iron, thence turning and running South 35 degrees 44 minutes 10 seconds West 192 feet to an iron, a corner of the property conveyed by Edna Mae Vaughan to Weyerhaeuser, Company by that deed recorded in Book 895, Page 328, Beaufort County Registry, and running thence North 46 degrees 18 minutes 41 seconds west 60 feet to an iron, the Point Of Beginning, containing 0. 265 acres. The property heretofore described is shown on the map attached to that deed from Marcellus Crawford and wife, Sudie Crawford, to Weyerhaeuser Company, and further reference is made to said map for a more complete and accurate description of this property by metes and bounds. The above-referenced map was prepared by W. Duke Woodlief, Registered Land Surveyor, dated May 2, 1988 , and identified by the following legend: "Map of Survey for Marcellus Crawford." TRACT IT : Beginning at a corner, located on the East side of Weyerhaeuser Company' s Kitty Road, being 205 feet from the right of way of State Road No. 1123, and running thence from said Beginning along the East side of Kitty Road with Weyerhaeuser Company' s line South 34 degrees 13 minutes West 1034. 50 feet to a corner; thence leaving said road and running South 61 degrees 01 minute East 1042. 64 feet to a corner; thence North 32 degrees 38 minutes East 851.78 feet to a. corner on the South right of way of State Road No. 1123 ; thence with the South right of way of said road North 36 degrees 32 minutes West 669 .30 feet; thence with said T.A.TMOMPSO PREPARED road North 42 degrees 14 minutes west 180.03 feet to ATTORNEY AT LAW�R. the corner of the Rosevelt Midgett lot; thence with AURORA, NORTH CAROLINA said lot South 34 degrees 13 minutes West 205 . 10 feet 5 - JUL-23-2003 15:44 2529757469 96i P.04 �"���`� 1µ JC t,rrKt55 L.HNDING 4 1 e43 eB4 e935 NO.464 P05 BOOT( 9 016 PAGE 463 to the Southwest corner of said lot; thence with the Rosevelt Midgett and Marcellis Crawford lot lines North 47 degrees 31 minutes west 210 . 04 feet to the Seginning, and containing 24. 11 acres. Map of the foregoing described tract or parcel of land is of record in Map Book 24, Page 24, Beaufort County Registry, and is identified by the following legend: "Map of Weyerhaeuser Company' s Jack Douglas Tract Choc- owinity Twsp. - - Beaufort Co. , N.C. , Scale: 1" = 3001 , Area: 24.11 Acres, Surveyed: Feb. 1974 , By: Bill Allison John Rea L-1237. " Further reference is hereby made to said map for a more complete and accurate description of this property. The property heretofore described was conveyed by Jack C. Douglas and wife, Alva Woolard Douglas, to Weyerhaeuser Company by that deed dated the 1st day of April, 1974, and recorded in Book 708 , Page 675, Beau- fort Co=ty Registry, -,.-Ad reference is hereby Made to said deed for a more complete and accurate description of this property. TRACT III: PARCEL ONE: All that certain tract or parcel of land lying and being in Chocowinity Township, Beaufort County, North Carolina, containing 13 acres, more or less, described in the deed from Moses Peel and wife, to Eureka Lumber Company, dated July 17 , 1917 , recorded in Book 194, Page 369, Public Registry of Beaufort County, North Carolina. The foregoing tract was allotted to Eureka Lumber Company in Special Proceedings No. 2257, entitled "Gracie Moore and Others Ex Parte." Said Proceeding is of record in the office of the Clerk of the Superior Court, Beaufort County, North Carolina, in Orders & Decrees No. 26, Page 435, and in Book 474, Page 145, Public Registry of Beaufort County, North Carolina, and to all of the foregoing instruments reference is hereby made. PARCEL TWO: All that certain tract or parcel of land lying and being in Chocowinity Township, Beaufort County, North Carolina, containing 13 acres, more or PREPARED less, described in the deed from Earl Gibbs Cox and ATTORRNEYNEY A AT o LA �R. T.R.T LAW others to Eureka Lumber Company, dated December 23 , T WRORA,NORTH CAROLINA 1947, recorded in Book 377 , Page 559, Public Registry of Beaufort County, North Carolina, and to said deed reference is hereby made. - b - JUL-23-2003 15:44 2529757469 96% P.05 G.J l�•.,�d (rYNkH_55 LHND I NG 4 1 643 984 e935 N0.464 D06 BOOK 91) 0 PAGE 464 PARCEL THREE: All that certain tract or parcel of land lying and being in Chocowinity Township, Beaufort County, North Carolina, containing 10 acres, more or less, described in the deed from Beaufort County to Eureka Lumber Company, dated May 27, 1936, recorded in Book 310, Page 107, Public Registry of Beaufort County, North Carolina, and to said deed reference is hereby made. PARCEL FOUR: .All that certain tract or parcel of land lying and being in Chocowinity Township, Beaufort Coun- � `� ty, North Carolina, containing 1 acre, more or less, described in the deed from Board of Education of Beau- fort County, to Eureka Lumber Company, dated October 11, 1937, recorded in Book 319, Page 525, Public Regis- try of Beaufort County, North Carolina, and to said deed reference is hereby made. PARCEL FIVE: All that certain tract or parcel of land lying and being in Chocowinity Township, Beaufort County, North Carolina, containing 107. 5 acres, more or less, described in the deed from T. R. Hodges and wife, to Eureka Lumber Company, dated December 15 , 1931, recorded in Book 291, Page 245, Public Registry of Beaufort County, North Carolina, and to said deed refer- ence is hereby made. THERE IS EXCEPTED, HOWEVER, from the foregoing tract, those certain tracts or .parcels of land sold by Eureka Lumber Company to Luther Brane by deed recorded in Book 339, Page 219, Public Registry of Beaufort County, North Carolina, and to Lane & Litch- field Corporation by deed recorded in Book 470, Page 296, Public Registry of Beaufort County, North Caroli- na. The five ( 5) parcels heretofore described were conveyed by Eureka Lumber Company to North Carolina Pulp Company by that deed dated the 22nd day of March, 1957 , and recorded in Book 475, Page 102, Beaufort County Regis- try, and the five ( 5) parcels herein conveyed are Tract No. Eighty-Four, Tract No. Eighty-Five, Tract No, Eighty-Six, Tract No. Eighty-Seven, and Tract No . Eighty-Eight, as described in the deed heretofore re- ferred to and reference is hereby made to said deed for a more complete and accurate description of this. proper PREPARED BY! ty. T.R.THOMPSON.JR. ATTORNEY AT LAW AURORA,NORTH CAROLINA - 7 - 7UL-23-2003 15:45 2529757469 96% P.06 lw.�c �rrKtss L_H DING 4 1 943 884 8935 NO.464 D07 BOOK PAGE S 5 of said premises in fee and has a lawful right to convey the same in fee simple; that the same is free and clear of all encum- brances, except for the terms and conditions as set out herein- above, and that it hereby warrants and will forever defend the title to the same against the lawful claims of all persons whom- soever. IN TESTIMONY WHEREOF, Weyerhaeuser Company has caused Y Chai=an of the Board this instrument to be sig ned in its name b its pree-i-dest, attested by its Asst. Secretary, with its corporate seal hereunto affixed, all by the authority of its Board of Directors duly giver., this the day and year first above written. ,•LA , '. WE EUSER Ch3Ll"II13I1 the Board ('CORPORATE SEAL ATTE T t A--; I-_ Secretary PREPARED BY! T.R.THOMPSON.JR. ATTORNEY AT LAW 1UROAA.NORTH CAROL.INA - 3 - JUL-23-2003 15:45 2529757469 96y, P.07 l'J f/eJ/Ki 14:Zd CYPRESS LANDING 4 1 843 684 8935 N0.464 908 BOOK 9 0 6 PAGE 4 6 6 STATE OF WA�SHINGIt7N COUN71 OF gM This is to certify that before me personally came Of the Board George H. Wemztaeuser , sa d with Whom I am personally acquainted, who, being by me duly sworn, says that Robert N. Mogensen is the Asst. Secre- tary of Weyerhaeuser Company, the corporation described in and which executed the foregoing instrument; that he knows the com- mon seal of said corporation; that the seal affixed to the fore- going instrument is said common seal; and the name of the ccrpo- Chairma., of the Board ration was subscribed thereto by the said Presideirt, and Chairman of the Board that said Present and Asst. Secretary subscribed their names thereto, and 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. Witness my hand and official seal, this /6 4 day of December 1988. r Notary ubl c My Commission Expires: W. 6J �GH e, March 20, 1992 tiF �,oTARy�� PREPARED BY; :•�AV 8��G ti T.R.THOMPSON,JR. :•9� �d1. ATTORNEY AT LAW .9•• AURORA,NORTH CAROLINA �A�•. :O•�•••C~O OF WpgNi��� 4 - NORTH CAROLINA: BrAUPORr Co"" Ths foregoing certitente_ of �f/• s�,/1/.��J__ NocarT Publie/Noteries Public is/are certlSed to he rrect. Filed for registration an ocordea in this oface in B��yk,. 94 .�o Pa6e._.Z.I6 U Tni®�day of 19.SLL._ ate _ o'clock. tf . M JOHN I. 114oe0AA,Repi.trter of DeedB ._.. BT_�V7 � Dersty Avgtwcr of Deeds. JUL-23-2003 15.45 2529757465 96% P.06 r BOOK 11PAcE 710 DEED AND TRANSFER OF 1 REGISTERED ESTATE NO. 132 J� STATE OF NORTH CAROLINA COUNTY OF BEAUFORT THIS DEED, Made and entered into this ;' � day of December , 1988 , by and between Weyerhaeuser Company, a corporation of the State of Washington, and duly authorized to do business in the State of North Carolina, party of the first part, and Weyerhaeuser Real Estate Company, a corporation of the State of Washington, and duly authorized to do business in the State of North Carolina, party of the second part; W I T N E S S E T H That the said party of the first part, for and in con- sideration of the sum of TEN AND NO/100 ( $10 . 00 ) DOLLARS and other good and valuable considerations to it in hand paid, by the party of the second part, the receipt of which is hereby acknowledged, has bargained and sold and by these presents does bargain, sell and convey, unto the said party of the second part, its successors and assigns, subject to the terms and condi- tions as hereinafter set out, that certain tract or parcel of land lying and being in Beaufort County, State of North Caroli- na, and being more particularly described as follows: PREPARED BY: SEE EXHIBIT "A" ATTACHED HERETO FOR A MORE COMPLETE AND R.ATTORNEY A oAWJR. ACCURATE DESCRIPTION OF THE PROPERTY HEREIN CONVEYED. JRORA NORTH CAROLINA BUK F�GE l This conveyance is made subject to the following terms and conditions : This conveyance is made subject to the reservation of mineral rights which are retained by Weyerhaeuser Compa- ny and said reservation is stated in substance as fol- lows: "The Grantor hereby expressly saves, reserves and ex- cepts out of the grant hereby made, unto itself, its, successors and assigns, forever, all ores and minerals including but not limited to oil, gas, coal, distil- lates, and condensates, in and under said land. Top soil, sand, fill dirt, ground water, and other commonly occurring substances are expressly excluded. Notwith- standing the foregoing and notwithstanding any other legal or equitable right or remedy now existing or hereafter enacted or created, Grantor hereby agrees , for itself, its successors and assigns, that the rights hereby reserved and excepted shall not be exercised in a manner adversely affecting use of the surface at any time unless and until the Grantor or its successors or assigns, as the case may be, shall first make satisfac- tory written arrangements with the then owner of the property affected, and with the mortgagee or mortgagees of such property, as their respective interests may appear, "to compensate said owner and mortgagee or mort- gagees for damages incurred to the surface and any improvements thereon in exercising such rights . " There is attached to this deed and transfer Certificate of Title No. 132 which is to be canceled and a new Certificate of Title issued to the party of the second part for the interest herein conveyed and a new Certificate of Title issued also to the party of the first part for the interest retained. TO HAVE AND TO HOLD the aforesaid tract or parcel of land together with all the rights, privileges and appurtenances PREPARED BY: thereunto belonging unto it, the said party of the second part, R.THOMPSON,JR. ATTORNEY AT LAW aORA NORTH CAROLINA BCCIf 1 iNGE 71 its successors and assigns, to their only use and behoof forev- er, subject to the terms and conditions as set out hereinabove. And the said party of the first part, for itself, its successors and assigns, covenants to and with the said party of the second part, its successors and assigns, that it is seized of said premises in fee and has a lawful right to convey the same in fee simple; that the same is free and clear of all encum- brances, except for the terms and conditions as set out herein_ above, and that it hereby warrants and will forever defend the title to the same against the lawful claim of all persons whomso- ever. IN TESTIMONY WHEREOF, Weyerhaeuser Company has caused Chai mn of the Boar this instrument to be signed in its name by its 4r-es-1-clent attested by its Asst. Secretary, with its corporate seal hereunto affixed, all by the authority of its Board of Directors duly given, this the day and year first above written. WE US 0 ANY • . . � ram. (ha i T T i an cyf the Board „tCORPORATE SEAL) .ATTEST: PREPARED BY: St Secretary •/ 1.THOMPSON,JR. ATTORNEY AT LAW ORA NORTH CAROLINA BOOK 11 PAGE P 13 . . s. EXHIBIT "A" A certain tract or parcel of land lying and being in Beaufort County, State of North Carolina, described as follows : Beginning at a marked gum in the intersection of the North prong of Schoolhouse Branch and a road, the same being in the. line of the property of the Eureka Lumber Company, running thence with Schoolhouse Branch, its various courses to Ricepatch Creek; thence down Rice- patch Creek to Chocowinity Bay; thence with Chocowinity Bay to a marked cypress and iron pipe at the mouth of Silas Creek; thence with the aforesaid road South 3 degrees 45 minutes West L92 feet; South 23 degrees 45 minutes. West 195 feet; South 40 degrees 30 minutes West 198 feet; South 32 degrees West 347 feet; .South 37 degrees West 385 feet; South 50 degrees 15 minutes West 298 feet; South 43 degrees 30 minutes West 174 feet; South 56 degrees West 199 feet; South 75 degrees West 197 feet; North 67 degrees West 225 feet; South 87 degrees 30 minutes West 326 feet; South 76 degrees 15 minutes West 171 feet, to the Point of Beginning, con- taining 109 acres, more or less. The courses and dis- tances herein given are magnetic and are taken from survey made by M. M. Worthington in December, 1919, the boundaries of said land extend to the run of the stream. PREPARED BY:R.THOMPSON,JR. ATTORNEY AT LAW IRORA NORTH CAROLINA BOOK ' 11PAGE 714 STATE OF N COUNTY OF KING This is to certify that before me personally came C hai,,,ti�� of the Board George H. Weverhaeuser with whom I am personally acquainted, who, being by me duly sworn, says that __ Robert N. Mogensen is the Asst. Secre- tary of Weyerhaeuser Company, the corporation described in and which executed the foregoing instrument; that he knows the com- mon seal of said corporation; that the seal affixed to the fore- going instrument is said common seal; and the name of the corpo- ration Board of the ration was subscribed thereto by the said P therrt, and C'.hai=iari of the Board that said gres3�eat and Asst. Secretary subscribed their names thereto, and 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. Witness my hand and official seal, this day of December 1988. %otary Public My Commission Expires: BJE !t- �551ON 4% March 20,' 1992 PREPARED BY: :4'OU60<'�rv. `s1 A.T N,JR. z •20. ATTORNEY RNEY AT AT LAW ')RA. NORTH CAROLINA • •.• \ II - .—_- OF WAS��i�� NORTH CAROLINA: BEAVFonT Couxn f� The foregoing certificate_ of_ 'S Notary Public/Notaries Public is/are certified to be ect — Filed for registration and recorded in this office in B ok.1 Page This day of l� /may 19 at •' O'clock—_ m, JOHN I. MORGAN,Register of Deeds By q Register of Deeds. BOOK ?1.PwcE.721 17 1:EED AND TRANSFER OF j' REGISTERED ESTATE NO. 377 ZTATE OF NORTH CAROLINA COUNTY OF BEAUFORT THIS DEED, Made and entered into this day of Deck 1988 , by and between Weyerhaeuser Company, a corporation of the State of Washington, and duly authorized to do business in the State of North Carolina, party of the first part, and Weyerhaeuser Real Estate Company, a corporation of the State of Washington, and duly authorized to do business in the State of North Carolina, party of the second part; W I T N E S S E T H : That the said party of the first part, for and in con- sideration of the sum cf. TEN AND NO/100 ( $10 . D0 ) DOLLARS and other good and valuable considerations to it in hand paid, by the party of the second part, the receipt of which is hereby acknowledged, has bargained and sold and by these presents does bargain, sell and convey, unto the said party of the second part, its successors and assigns, subject to the terms and condi- tions as hereinafter set out, that certain tract or parcel of land lying and being in Beaufort County, State of North Carolina, and being more particularly described as follows : PREPARED BY: - SEE EXHIBIT "A" ATTACHED HERETO FOR A MORE COMPLETE AND A TORNEY A O W Ja. ACCURATE DESCRIPTION OF THE PROPERTY HEREIN CONVEYED. RORA, NORTH CAROLINA BCQK 11PAGE 7Z2 -This ConVeyance is made subject to the following terms and conditions : This conveyance is made subject to the reservation of mineral rights which are retained by Weyerhaeuser Compa- ny and said reservation is stated in substance as fol- lows: "The Grantor hereby expressly saves , reserves and ex- cepts out of the grant hereby made, unto itself , its successors and assigns, forever, all ores and minerals including but not limited to oil, gas, coal, distil- lates, and condensates, in and under said land. Top soil, sand, fill dirt, ground water, and other commonly occurring substances are expressly excluded._ Notwith- standing the foregoing and notwithstanding any other legal or equitable right or remedy now existing or hereafter enacted or created, Grantor hereby agrees , for itself, its successors and assigns , that the rights hereby reserved and excepted shall not be exercised in a manner adversely affecting use of the surface at any time unless and until the Grantor or its successors or assigns, as the case may be, shall first make satisfac- tory written arrangements with the then owner of the ' property affected, and with the mortgagee or mortgagees of such property, as their respective interests may appear, to compensate said owner and mortgagee or mort- gagees for damages incurred to the surface and any improvements thereon in exercising such rights. " There is attached to this Deed and Transfer a map showing the portion of this Registered Estate which is being transferred and that portion being retained. There is attached to this deed and transfer Certificate of Title No. 377 which is to be canceled and a new Certificate of Title issued to the party of the second part for the interest herein conveyed and new Certificates of Title issued also to the PREPARED BY: 1.THOMPSON,JR. party of the first part for the interest retained. ATTORNEY AT LAW :BRA. NORTH CAROLINA TO HAVE AND TO HOLD the aforesaid tract or parcel of land together with all the rights, privileges and appurtenances thereunto belonging unto it, the said party of the second part, uuurn .L1 f'Alit !Gal its successors and assigns, to their only use and behoof f orev- er, subject to the terms and conditions as set out h.ereinabove. And the said party of the first part, for itself, its successors and assigns, covenants to and with the said party of the second part, its successors and assigns, that it is seized of said premises in fee and has a lawful right to convey the same in fee simple.; that the same is free and clear of all encum- brances, except for the terms and conditions as. .set out herein- above, and that it hereby warrants and will forever defend the title to the same against the lawful claim of all persons whomso- ever. IN TESTIMONY WHEREOF, Weyerhaeuser Company has caused Chairz n of the Boar this instrument to be signed in its name by its P-rres•id-ent, attested by its Asst. Secretary, with its corporate seal hereunto affixed, all by the authority of its Board of Directors duly given, this the day and year first above written. USER Ll Pr nt CHa =n of Board .( CORPORATE SEAL) ATTEST: PREPARED BY: i Asst. Secretar R.THOMPSON,JR. 1 l ATTORNEY AT LAW 10RA. NORTH CAROLINA D1U^ 11PAGE r�4 EM11BIT "A" Those two tracts or parcels of land lying and being in Beaufort County, North Carolina, described as follows : 1st: Beginning at the intersection of the Main Road leading from Washington to Blounts Creek, with the Archbell Avenue, ( a corner monument marking said beginning stands South 52 degrees 45 minutes West 18 feet from the center of said road and avenue) ; thence with the Archbell Avenue South 16 degrees 50 minutes West 900 feet and South 24 degrees 15 minutes West 1064 feet to a concrete monument standing in or, near the Northern edge of the right of way of the Washington & Vandemere Railroad Company; thence South 71 degrees 20 minutes West 251 feet to a concrete monument; thence South 2 degrees 20 minutes East 1418 feet to a concrete monument, one of the corners of the Jennie Hill land; thence with the line of the Jennie Hill land South 73 degrees 40 minutes East 978 feet to a concrete monument; thence South 7 degrees 10 minutes West 934 . 5 feet to the center of the Hill Road (a concrete monument marking said corner is set twenty feet from the center of said road) ; thence with the center of the Hill Road North 80 degrees 10 minutes East 72 feet and North 86 degrees 30 minutes East 326 feet; South 59 degrees 35 minutes East 165 feet; South 50 degrees 50 minutes East 285 . 5 feet to the intersection of said road and Brown' s Branch ( a concrete monument marking said corner is set twenty feet from the center of said road) ; thence with the run of Brown' s Branch North 22 degrees 20 minutes East 242 feet, North 63 degrees 20 minutes East 249 feet, South 80 degrees 25 minutes East 255 feet, South 70 degrees 55 minutes East 254 feet, South 45 degrees 40 minutes East 373 feet and North 88 degrees 50 minutes East 178 feet to a concrete monument in said Branch; thence North 25 degrees 25 minutes West 751 feet to a concrete monument; thence North 32 degrees 05 minutes East 2403 feet to the center of the Public road leading from Washington to Blount' s Creek ( a concrete monument marking said corner stands seventeen feet from the center of said road) ; thence with said road North 54 degrees 25 minutes West 256 g PREPARED BY: feet, North 49 degrees 40 minutes West 240 feet, North t.THOMPSOPi,JR. 39 degrees 40 minutes West 816 feet, North 49 degrees ATTORNEY AT LAW ')RA. NORTH CAROLINA BOOK 11PIGE 7 Z5 40 minutes West 472 feet, North 61 degrees 10 minutes West 473 feet, North 61 degrees 40 minutes West 1121 feet and North 73 degrees 40 minutes West 252 feet to the Point of Beginning, containing 241. 97 acres, more or less . The courses and distances herein given are magnetic courses for October, 1926 , except for the line North 2 degrees 20 minutes West 1418 feet and the course of that line is the magnetic course for October 26 , 1937 . THERE IS EXCEPTED FROM THE FOREGOING TRACT a strip or parcel of land extending entirely across said tract, which is shown on the map as the right of way of the Washington & Vandemere Railroad Company, said strip is 50 feet on each side of the center line of said tract measured at right angles to the center of said tract, and the Washington & Vandemere Railroad Company is the owner in fee of the aforesaid strip or parcel of land. The map of the tract of land above described is of record in this office in Book of Maps 2, Page 44 . The property herein conveyed is that portion of this tract located North of the property, now or formerly, belonging to the Washington and Vandemere Railroad Company as heretofore described. That portion of this tract located South of the property, now or formerly, belonging to the Washington and Vandemere Railroad Company as heretofore described is excepted from this conveyance. 2nd: Beginning at a concrete monument. 21 feet from the center of the Main Road from Washington to Blounts Creek ( said monument being located by beginning at the intersection of the Archbell Avenue and said Blounts Creek Road and running South 74 degrees East 252 feet, South 62 degrees East 1121 feet to the concrete monument, the Beginning) ; thence from said concrete monument with the said Blounts Creek Road South 61 degrees 30 minutes East 473 feet, South 50 degrees East 472 feet, South 40 degrees East 816 feet , South 50 degrees East 240 feet, South 54 degrees 45 minutes West 256 feet, South 51 degrees 45 minutes East 257 feet, PREPARED BY: South 40 degrees East 814 feet to the intersection of R.THOMPSON,JR_ said road and the Peed cart road, said point being ATTORNEY AT LAW indicated by a concrete monument standing 16 feet from IO RA. NORTH CARD LINA said intersection; thence from the intersection of said roads and with said cart road North 75 degrees East 435 feet, North 85 degrees East 272 feet; North 46 degrees BCOK 'PAGE726 15 minutes East 293 feet to a concrete monument standing 12 feet from the center of said road; thence from said monument North 33 degrees West 476 feet to a concrete monument; thence North 46 degrees 30 minutes West 479 feet to a concrete monument; thence North 2 degrees 15 minutes West 213 feet to a concrete monument and marked oak; thence South 87 degrees 15 minutes East 204 feet to a concrete monument; thence South 73 degrees 45 minutes East 350 feet to a concrete monument and the sane course continued 6 feet to the center of the aforesaid cart road; thence with the center of said road North 30 degrees East 471 feet, North 35 degrees East 193 feet, North 14 degrees 15 minutes East 257 feet, North 6 degrees 15 minutes West 218 feet; thence North 31 .degrees East 145 feet to a small branch making into Silas Creek; thence down said branch its various courses South 44 degrees 30 minutes East 190 feet, South 59 degrees 15 minutes East 134 feet, South 29 degrees East 122 feet to the junction of said branch and Silas Creek; thence down the run of Silas Creek North 71 degrees East 329 feet, North 72 degrees East 197 feet, South 76 degrees East 87 feet, North 80 degrees 15 minutes East 232 feet, South 50 degrees 15 minutes East 182 feet, South 83 degrees 30 minutes East 154 feet to the junction of Silas Creek and Chocowinity Bay, said point being marked by a concrete monument; thence Northwestwardly with the low water mark of Chocowinity Bay to a concrete monument on the shore which stands at a point North 12 degrees 45 minutes East 4620 feet from the beginning of this tract, thence. from said. concrete monument South 12 degrees 45 minutes West 4620 feet to the beginning, containing 412. 7 acres . A map showing this tract is of record in this office in Book of Maps 1 , at Page 140-141 . PREPARED BY: R.THOMPSON,JR. ATTORNEY AT LAW tORA. NORTH CAROLINA