HomeMy WebLinkAbout20061612 Ver 2_CAMA Application_20190603ROY COOPER - NORTH CAROLINA
Governor Environmental Quality
MICHAEL S.REGAN
Secretary
BRAXTON C. DAVIS
Director
June 3, 2019
MEMORANDUM:
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Ave., Morehead City, NC 28557
Fax: 252-247-3330 (Courier 04-16-33)
aregg.bodnar(D.ncdenr.gov
SUBJECT: CAMA Application Review
Applicant: Mitchell and Emily Byrum
Project Location: 426 Dillards Mill Road, Tyner in Chowan County
Proposed Project: Fill a breach in the millpond berm
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Greap Bodnar at the address above by June 24, 2019. If you have any questions
regarding the proposed project, contact Lynn Mathis (252-264-3901, ext. 234) when appropriate, in-depth
comments with supporting data is requested.
REPLY:
PRINT NAME
AGENCY
SIGNATURE
DATE
This agency has no objection to the project as
**Additional comments may be attached**
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
oewnmm�nvumrcnwoeFry�
North Carolina Department of Environmental Quality I Division of Coastal Management
Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909
252264.3901
DlV S[ON OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Mitchell and Emily Byrum
2. LOCATION OF PROJECT SITE: Dillard's Millpond is located on Dillard's Millpond
Road SR 1226, more specifically at 426 Dillard's Mill Road, in Tyner, Chowan County
on Indian Creek
Photo Index: Not Available for this location.
Latitude: 36013'45.53" N Longitude: 76040'20.86" W
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit —April 3, 2019
Was Applicant Present — Applicant's agent
5. PROCESSING PROCEDURE: Application Received Complete — May 22, 2019
Office — Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan — Chowan County
Land Classification From LUP -
(B) AEC(s) Involved: PTA & PTS
(C) Water Dependent: Yes
(D) Intended Use: Recreational
(E) Wastewater Treatment: Existing -Septic
Planned - No change
(F) Type of Structures: Existing - Old Mill Building & a Fish Ladder
Planned - Rock Berm
(G) Estimated Annual Rate of Erosion: —6'
Source — Observed breach has widened from 30' to 45' at it widest point over the
past 2.5 years.
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) High Ground
3,060sf
(B) Shallow Bottom
1,555sf
(C) Other
(D) Total Area Disturbed: 4,615sf or .106 acre
(E) Primary Nursery Area: No
(F) Water Classification: B: NSW Open: No
8. PROJECT SUMMARY: Fill a breach in the millpond berm that occurred in 2016, that
now connects Dillard's Millpond to Indian Creek, a tributary of the Chowan River.
Field Investigation Report
Page 2
Proiect Setting
The applicant's property is located on SR 1226, more specifically 426 Dillard's Mill Road, in
Tyner, Chowan County. The property commonly known as Dillard's Millpond is situated on the
east side of bridge #13 on Indian Creek, which is a tributary of the Chowan River. The millpond
was the home of the Brown rigg-Dillard's Mill, constructed by Richard Brownrigg in 1762. The
mill was constructed near an earthen dam on Indian Creek and consisted of a sawmill and a
cotton gin on the north side of the dam and a corn and flour mill on the south side. The mills
were sold to Walter O. Lane and H. Fahey Byrum Sr in 1948, and destroyed by the elements
over time. Mr. Byrum replaced the mills in 1970 with a motor powered mill and continued to
produce corn meal until 2006. The property became known as Brownrigg-Dillard's Millpond
Park, and a place for public access to fish. In 2005 Mr. Byrum (now deceased) and his wife
Emily granted a Conservation Easement to Chowan County to preserve and conserve the
property in its natural state (including the dam and the mill building), and to be used for
recreation by the public for educational, environmental, and scientific purposes. Dillard's Mill
falls within a proposed greenway and is at the end of a dedicated canoe trail that extends from
the Chowan River.
In 2004, the local "Ryland" Ruritan Club began plans to plug two breaches that formed where
the previous mills had been located. The Division of Coastal Management issued a Certification
of Exemption on January 7, 2005 to "repair" a 50' and a 25' breach in the millpond. The
Exemption authorized the construction of a fish ladder on the north side along the 50' breach
and the placement of an earthen fill plug at the 25' breach. On September 26, 2006, the US
Army Corps of Engineers (USAGE) cited the Ryland Ruritain's Club and Chowan County for
undertaking unauthorized construction of an earthen dam. The project received an after -the -
fact permit from the USACE for the project.
In October of 2017, Hurricane Matthew caused another breach in the millpond in the same
approximate location of the 2005 earthen plug. While water in the pond has fluctuated with
wind driven tides from the Chowan and rain, the levels have remained lower than when the
berm was intact. Herring have been observed spawning in the pond, and recreational fishing
has continued at the pond and in the creek. Chowan County has obtained FEMA funding to
assist in the requested repairs to the breach. The property is located in an AE Flood Zone and
is subject to storm surge from Category 1 and higher hurricanes.
The project area is an elevated earthen berm 6' to T above normal water level, with a 30' wide
base and a top width of 10'. Vegetation on the property includes, but is not limited to, loblolly
pine (Pinus taeda), bald cypress (Taxodium distichum), groundsel tree (Bacchads halimifolia),
sweet gum (Liquidambar styracif/ua), cat brier (Smilax rotundifolia), switch cane (Arundinaria
tecta), poison ivy (Toxicodendron radicans), and a variety of domestic grasses.
There is no known submerged aquatic vegetation (SAV) within the proposed work area, and
the area is not recognized by current NCDMF mapping as supporting SAVs. Water depths
along the breach range from - 2' along the shoreline to - 7' in the center. Water elevations in
the pond and creek fluctuate from wind and rain events. The waters of the Indian Creek are
classified as B;NSW, which are primarily recreational and any use specified by the C
classification (including aquatic life propagation & survival, fishing, wildlife, secondary
recreation and agriculture). NSW is a "supplemental classification intended forwaters needing
Field Investigation Report
Page 3
additional nutrient management due to being subject to excessive growth of microscopic and
macroscopic vegetation". Indian Creek is described as being "Inland Water", is accessible by
canoe and kayak and is at the end of a designated paddle trail.
Adjacent uses to the property are residential, passive recreational and farming. The property is
shown on the NC North Carolina State Historic Preservation office map as site CO0244, but is
not listed on the National Historic Register. Access to the site is from Dillard's Mill Road and a
gravel drive at the existing mill house on the south side of the berm/dam. The shoreline length
on the east side of the breach is -365', and 764' on the west side of the breach. According to
the Chowan County GIS the property consists of -5.5 acres. A significant area of the property
consists of non -coastal wetlands.
Development Proposal
The applicants have authorized Chowan County to seek a CAMA Major Permit to fill a breach
in an existing 450' long earthen berm/dam at Dillard's Millpond created during Hurricane
Matthew in 2016. The breach at its widest point is 45' and 74' at its longest point, and connects
the old millpond to Indian Creek. The average measurements are 32'x 48.6' for -1,555 square
feet (sf). The entire project area falls within the Public Trust Shoreline and Public Trust Area.
Water depths in the pond range from -1' to -5', while the depth in the center of the breach
reaches a depth of -T.
The project will include the placement of a geotextile fabric base on the pond side of the project
and within the breached section of the berm/dam. Class 1 rock will be placed over the
geotextile base and the entire length of the project fill area as shown on page 5 of 8, of the
submitted plans. Class 2 rock will be placed over the Class 1 rock in the breach and on the
Indian Creek (downstream) side of the proposed fill area. The applicant proposes to place
packed sand over the Class 2 rock on the pond side of the fill area and within the 10' wide top.
The finished slop within the breach will be 2:1 on the pond side and 9:1 on the Indian creek
side of the dam. Additional strengthening around the breach is requested and will include the
placement of Class 1 rock on 3,060sf of high ground within the existing berm/dam. The
repaired berm will not be open to vehicular or foot traffic upon completion.
Woody material will be removed from the work area prior to the placement of the geotextile
fabric and placed along the side of the existing berm landward of the adjacent wetland area on
the Indian Creek side of the property, within the side slope of the existing berm/dam. While
there are vegetated wetlands on the property the work area will be within the water areas and
the existing berm/dam. Work will be accomplished by using a bulldozer, backhoe and dump
truck; and stored in the existing rock parking lot when not in use. The parking area while
outside of a CAMA Area of Environmental Concern, will be re -graveled as a part of this project.
Anticipated Impacts
1) Loss of 1,555sf of shallow water bottom habitat.
2) Reduction in anadromous fish spawning habitat within Dillard's Millpond.
3) Filling of 3,060sf of high ground.
Field Investigation Report
Page 4
4) An increase in water level within the pond is anticipated with the construction of the
berm/dam plug.
5) Temporary increase in turbidly during construction in surrounding waters.
6) During the project it is anticipated that noise levels will increase above surrounding
background (ambient) levels at the construction site and from heavy equipment.
Submitted By: Lynn Mathis
Date Completed: May 22, 2019
Major Permit Application for Repairs to Brownrigg-Dillard's Mill Berm PAY 2 e 2VI
in Chowan County
Project Narrative:
-EC
Brown rigg-Dillard's Mill was constructed by Richard Brownrigg in 1762. Built near a dam on
Indian Creek, the mill consisted of a sawmill and a cotton gin on one end and on the other end
there were corn and flour mills. The mill was built very well with large millstones quarried and
honed near Hudson River and was fully operational for over two centuries. In 1948, the original
mill was sold to Walter O. Lane and H. Fahey Byrum Sr. In 1970, the original mill was destroyed
and replaced by a motor -powered mill. Corn meal was still produced and sold to local grocers.
In 2006, "Lane and Byrum's Mill" was recognized as the last gristmill operating in Chowan
County. Thanks to Lane and Byrum's preservation efforts and long desire for public access and
recreation use of the adjacent millpond; the property was named the Brown rigg-Dil lard's
Millpond Park and became a place for public access. In 2016 both Tropical Storm Julia and
Hurricane Mathew washed out a section of berm on the millpond. Since then the water level in
the millpond is minimal. In 2018 Chowan County received disaster funding from FEMA to assist
in the repairs of the berm.
Key Design Points
• The project is filling the berm breach with rock.
• The repairs are necessary to protect the millpond, but will not serve as a road or path
for public access.
• The repairs are within the footprint of the berm and will not impact adjacent wetlands.
• Roots and woody debris excavated from the damaged section of berm will be deposited
on the creek side of the berm slope and not in wetlands.
• The fish ladder elevation is 2 feet below the elevation of the emergency spillway and
rock repairs, and will function normally with the ebb and flow of the Chowan River,
Indian Creek, and millpond levels.
The area of rock within the high -ground 30 ft buffer is 3,060 sq. ft (Sheet 1). A 1,555 sq. ft. area
of the berm breach will be repaired with rock (Sheets 5,7). The fill area is irregularly shaped
with a maximum 45 ft x 74 ft. The placement and volumes of geotextile fabric, Class 1 rock,
Class 2 rock, and packing sand in the breach are shown on Sheet 5. Roots and other woody
debris will be placed in two areas on the creek side of the berm and within the berm footprint
as shown on Sheet 6. The repairs will be made within the footprint of the berm and will not
impact adjacent wetlands.
Access to the site will be from the gravel parking area off Dillard's Mill Road. Any damage to the
parking lot and berm will be repaired with crush -run gravel (Sheet 8).
The proposed repairs are shown on the attached site plan and designs.
Attachments
• Site Plans 1:100 and 1:20
• Sheet 1—Aerial image of breach repair area
Page 1 of 2
A
Major Permit Application for Repairs to Brownrigg-Dillard's Mill Berm V'Ay 2 21L 20,13
in Chowan County
• Sheet 2 —Elevations and cross sections pipe spillway, breach channel; fish ladder DCM-EC
• Sheet 3 — Profile view of rock elevations — water levels
• Sheet 4— Rock placement cross sections
• Sheet 5 — Materials and placement
• Sheet 6 —Woody debris placement areas
• Sheet 7 — Berm breach repair areas
• Sheet 8—Access repair areas and materials
Page 2 of 2
IBM Mr -1 fl, "Y i - «J
APPLICATION for
DSM -EC
Maier Development Permit i %�
(last revised 12127/06)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/ Landowner Information
Business Name
Project Name (if applicable)
Business Name
Dillard's Mill Berm Repair
Applicant 1: First Name
MI
Last Name
Mitchell
F
Byrum
Applicant 2: First Name
MI
Last Name
Emily
Agent/ Contractor 2: First Name
Byrum
If additional applicants, please attach an additional page(s) with names listed.
Mailing Address
PO Box
city
State
426 Dillards Mill Road
730 N Granville St, Suite C
Edenton
NC
ZIP
Country
Phone No.
FAX No.
27932
Chowan
252-562-4584 ext.
27932
Street Address (if differentfrom above)
City
State
ZIP
Email
rockyhockbyrums@gmall.com
2. AgentJContractor Information
Business Name
Chowan County
Agentl Contractor 1: First Name
MI
Last Name
Shannon
S
Ray
Agent/ Contractor 2: First Name
MI
Last Name
Mailing Address
PO Box
City
State
730 N Granville St, Suite C
PO Box 1030
Edenton
NC
ZIP
Phone No. 1
Phone No. 2
27932
252-482-8595 ext.
252-312-5354 ext.
FAX No.
Contractor 0
252 482 3223
Street Address (d different from above)
City
State
ZIP
Email
shannon.ray@chowan.nc.gov
Form continues on back>
252-808-2808 .. 1.0383 4HxCGA9'£' .. eraww.ear. easasti:�&umaanag�m¢ra �.a's rak
Form DCM MP -1 (Page 2 of 4) Received APPLICATION for
P.'.Y i - %%9
Major Development Permit
3. Project LocationDGM-EG
County (can be multiple)
Street Address
State Rd. #
Chowan
426 Dillards Mill Rd
1226
Subdivision Name
City
State
Zip
a. Vegetation on tract
Edenton
NC
27932 -
Phone No.
Lot No. (a) (if many, attach additional page with list)
- - ext.
I ,
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
Chowan
Indian Creek and Dillards Millpond
c. Is the water body identified in (b) above, natural or manmade?
d. Name the closest major water body to the proposed project site.
®Natural ❑Manmade []Unknown
Chowan River
e. Is proposed work within city limits or planning jurisdiction?
f. If applicable, list the planning jurisdiction or city limit the proposed
[]Yes ®No
work falls within.
Chowan County
4. Site Description
a. Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.ft.) 239
East side 365'; West side 764'
c. Size of individual lot(s)
d. Approximate elevation of tract above NHW (normal high water) or
NWL (normal water level)
(If many lot sizes, please attach additional page with a list)
7 ❑NHW or ®NWL
a. Vegetation on tract
Vegetation at Dillards Millpond includes cypress trees and shade trees
f. Man-made features and uses now on tract
The site contains the old mill building, and a small gravel/grassy parking area
g. Identify and describe the existing land uses adlacen to the proposed project site.
Adjacent land is wooded
h. How does local government zone the tract?
1. Is the proposed project consistent with the applicable zoning?
Agricultural
(Attach zoning compliance certificate, if applicable)
[]Yes ❑No ®NA
j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No
k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA
If yes, by whom?
I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes CgNo ❑NA
National Register listed or eligible property?
<Form continues on next page>
'@"v��kv tt ;3-?£�69 ii .. ^d .. t3 a�Se�f2 &; 6�Fes`5' .. �nrww.mc:earasGsulre�axa�e�esoreea i. roam
Form DCM MP -1 (Page 3 of 4) Received APPLICATION for
6.1Y i - iciJ
Major Development Permit
m. (i) Are there wetlands on the site? CM.EC ®Yes ❑No
(ii) Are there coastal wetlands on the site? ❑Yes ®No
(iii) If yes to either (1) or (ii) above, has a delineation been conducted? []Yes ®No
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
n/a
o. Describe existing drinking water supply source.
n/a
p. Describe existing storm water management or treatment systems.
n/a
5. Activities and Impacts
a. Will the project be for commercial, public, or private use? []Commercial ®Public/Government
❑Private/Community
b. Give a brief description of purpose, use, and daily operations of the project when complete.
Dillards Millpond Park is an important natural resource for public access to Dillards Millpond. The park serves local
restidents and tourists for fishing, canoeing, and nature tourism.The proposed repair will improve the water access
c. Descdbe the proposed construction methodology, types of construction equipment to be used dudng construction, the number of each type
of equipment and where it is to be stored.
Contractor will use an excavator (1), bulldozer (1), and backhoe (1) to repair and replace berm distroyed. Equipment will be
stored in parking area and dirctly adjacent to the mill building
d. List all development activities you propose.
Construct a rock dam between Indian Creek and Dillard's Millpond in section of berm damaged by Hurricane Matthew/
e. Are the proposed activities maintenance of an existing project, new work, or both? Both, repairing the existing berm and
constructing a new section of berm
with rip rap.
f. What is the approximate total disturbed land area resulting from the proposed project? 3100 ®Sq.Ft or []Acres
g. Will the proposed project
encroach on any public easement, public accessway or other area ®Yes []No [INA
that the public has established
use of?
h. Describe location and type of existing and proposed discharges to waters of the state.
Millpond spills into Indian Creek which flows into the Chowan River
I. Will wastewater or stornwater be discharged into a wetland? ❑Yes ®No [:INA
If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ®No ❑NA
j. Is there any mitigation proposed? ❑Yes ®No [INA
If yes, attach a mitigation proposal.
<Form continues on back>
%��.-d�f8 ad-�gdnFi .. fag §15'd-4 g3��.0 fd>T' .. wvvw.saa:caaasua9noaaeages�ierei. rae4
Form DCM MP -1 (Page 4 of 4)
APPLICATION for
Major Development Permit
6, Additional Information
In addition to this completed application form, (MP -1) the following items below,. if applicable, must be submitted in order for the application
package to be complete. Items (a) -.(0 are always: applicable to any major development application. Please consult the application
instruction booklet onhow to properly prepare the required items below.
a. A project narrative.
b. An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale. Please give the present status of the
proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish
between work completed and proposed.
c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site.
d. A copy of the deed (with state application only) or other instrument under which the applicant claims We to the affected properties.
e. The appropriate application fee. Check or money order made payable to DENR.
f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such
owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in
which to submit comments on the proposed project to the Division of Coastal Management.
Name Sterling Williamson Phone No. 757-6363666
Address 322 Dillards Mill Road , Tyner, NC 27980
Name NC Department of Transportation, Attn: Jerry Jennings, PE Phone No. 252-482-1850
Address Highway Division 1, 113 Airport Drive, Suite 100, Edenton, NC 27932
Name Shen and David Hare Phone No. 252-331-3588
Address 500 Dillard's Mill Road, Edenton, NC 27932
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates.
120TIF1c,AZreN of e,)cL t,tp-r-Iom/2(&A"I) 1121J6ziTAWS CC LML Jaiu.'7, 2.005
LjsA(,_F - AFr&iz FACT /.7&k&,7- AG7lfaV CD 54W-ZCM 4ORz5 121
h. Signed consultant or agent authorization form, if applicable.
I. Welland delineation, if necessary.
j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner)
k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act.
7. Certification and Permission to -Enteron Land
I understand that any permit issued in response to this application will allow only the development described in the application.
The project will be subject to the conditions and restrictions contained in the permit.
I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to
enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up
monitoring of the project.
I further c�e,Jttify that the information provided in this application Is truthful to the best of my knowledge.
Date + `ZZJ, �- l Print Name Shan nohQ�a
Signature
Please indicate application attachments pertaining to your proposed project.
®DCM MP -2 Excavation and Fill Information ❑DCM MP -5 Bridges and Culverts a
❑DCM MP -3 Upland Development RecelVed
❑DCM MP -4 Structures Information
Y1 -.`[u
252-600-2806 ,. ., uv uo.rv,ra as tt: e�n5 as@eaa�a��ugeranau�d.ro®�
Form DCM MP -2
EXCAVATION and FILL
(Except for bridges and culverts)
V4 Y 21 Zp9
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP -1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
,Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet.
a. Amount of material to be excavated from below NHW or NW L in
cubic yards.
0
C. (i) Does the area to be excavated include coastal wetlands/marsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV ❑SB
OWL ®None
(ii) Describe the purpose of the excavation in these areas:
Prepare a clean base for rebuilding the berm, removing only -
roots and woody debris. Rip rap will be used to repair the berm
a. Location of disposal area.
Along backside of berm on high ground areas within
original footprint (30 ft to 45 ft) of the berm (Sheet 6).
c. (i) Do you claim title to disposal area?
❑Yes RNo ❑NA
(ii) If no, attach a letter granting permission from the owner.
e. (i) Does the disposal area include any coastal wetlands/marsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (W L)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV ❑SB
OWL RNone
(ii) Describe the purpose of disposal in these areas:
To prevent excessive movement of machinery over the reparied
berm, roots and woody debris will be placed on the backside of
berm (creek side) on high ground areas (Sheet 6).
b. Type of material to be exca\
Roots and woody debris.
d. High -ground excavation in cubic yards.
0
b. Dimensions of disposal area.
50ftx24ftand 16ftx25ft, Sheet
d. (i) Will a disposal area be available for future maintenance?
[-]Yes ❑No RNA
(ii) If yes, where?
f. (i) Does the disposal include any area in the water?
❑Yes RNo ❑NA
(ii) If yes, how much water area is affected?
2g2•g8ia-2ttD5 ;: 9•Fs8&§-4i8 [iRkSY :. vuwwane a�asRaatan:assagerrsesat.ta 5 ievisedy 12?26/06
Access
Other
Channel
Canal
Boat Basin
Boat Ramp
Rock Groin
Rock
(excluding
(NLW or
Breakwater
shoreline
NWL)
stabilization)
Length
32 average
long fill
Width
48.6 average
wide fill
Avg. Existing
NA
NA,5.0,
Sheets
Depth2.3
Final Project
NA
NA
2.3, Sheets
Depth
2.3
a. Amount of material to be excavated from below NHW or NW L in
cubic yards.
0
C. (i) Does the area to be excavated include coastal wetlands/marsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV ❑SB
OWL ®None
(ii) Describe the purpose of the excavation in these areas:
Prepare a clean base for rebuilding the berm, removing only -
roots and woody debris. Rip rap will be used to repair the berm
a. Location of disposal area.
Along backside of berm on high ground areas within
original footprint (30 ft to 45 ft) of the berm (Sheet 6).
c. (i) Do you claim title to disposal area?
❑Yes RNo ❑NA
(ii) If no, attach a letter granting permission from the owner.
e. (i) Does the disposal area include any coastal wetlands/marsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (W L)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV ❑SB
OWL RNone
(ii) Describe the purpose of disposal in these areas:
To prevent excessive movement of machinery over the reparied
berm, roots and woody debris will be placed on the backside of
berm (creek side) on high ground areas (Sheet 6).
b. Type of material to be exca\
Roots and woody debris.
d. High -ground excavation in cubic yards.
0
b. Dimensions of disposal area.
50ftx24ftand 16ftx25ft, Sheet
d. (i) Will a disposal area be available for future maintenance?
[-]Yes ❑No RNA
(ii) If yes, where?
f. (i) Does the disposal include any area in the water?
❑Yes RNo ❑NA
(ii) If yes, how much water area is affected?
2g2•g8ia-2ttD5 ;: 9•Fs8&§-4i8 [iRkSY :. vuwwane a�asRaatan:assagerrsesat.ta 5 ievisedy 12?26/06
Form VCM MP -2 lExcavation and Fill, Page 2 of 3)
tvAY 2
3. !N0REuNESTAspZATi6 ❑f)G'6(Th+ �splica6le
(if development is a Wood groin, use MP -4 — Structures) Li. .
a. TYoe of shoreline stabilization: b. Lenath: 45 H maximum width
[]Bulkhead ERiprap ❑Breakwater/Sill ❑ Other: _ Width: 74 ft maximum width
C. Average distance watenvard of NHW or NW L: 15 ft, footprint of J. Maximum distance waterward of NHW or NWL: 16 ft (Sheet 7)
berm
e. Type of stabilization material:
granite rip rap with sand compacted on top for movement of
machinery (Sheets 5-7).
g. Number of square feet of fill to be placed below water level.
Bulkhead backfill Riprap 1 555 (Sheet 7)
Breakwater/S i I I Other
I. Source of fill material.
Quarry
f. (t) Has there been shoreline erosion during preceding 12
months?
❑Yes ENo ❑NA
(ii) If yes, state amount of erosion and source of erosion amount
information.
h. Type of fill material.
rip rap and sand
d, OTHER'FfLLACTIWTIES ; ❑This sectionnofapplicable+
(Excluding Shoreline Stabilization)
a. (i) Will fill material be brought to the site? ❑Yes ENo ❑NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW),
If yes,
(ii) Amount of material to be placed in the water g
(iii) Dimensions of fill area
(iv) Purpose of fill
a. How will excavated of fill material be kept on site and erosion
controlled?
A floarting boom will be placed below and along the work area. Rip
rap will be staged at the parking area. No dirt fill to be used.
C. (i) Will navigational aids be required as a result of the project?
❑Yes ❑No ENA
(ii) If yes, explain what type and how they will be implemented.
submerged aquatic vegetation (SAV), shell bottom (SB), or
other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV ❑SB
OWL ENone
(ii) Describe the purpose of the fill in these areas:
Roots and woody debris from damaged section of berm to be
removed before placing rip rap.
b. What type of construction equipment will be used (e.g.,
backhoe, or hydraulic dredge)?
Excavator, bulldozer, backhoe
J. (i) Will wetlands be crossed in transporting equipment to project
site? ❑Yes ENo ❑NA
(ii) If yes, explain steps that will be taken to avoid or minimize
environmental impacts.
Date _ Project Name
252.8£18-2US :x '1-8e84RCOAST a wvvw s cconstlkmansigen,:orzCant revised12/125106
POMn OCWd WIP-2 (Emavaflon and Fill], Page 3 of 3)
Dillard's Mill Berm Repair Received
Applicant Name f,!AY I
Shannon Ray, Chowan County Recreation Superintendent
Ap tSiBnatur 6 y1 -7/1q DCM-EC
252-800-2UO8 :: :: revisedU126/06
tl
�
FO
HERTCHOWAW
�. .,�.. _ as •
r
a
1"byd State Road 1232
/'�/
Cannons Fe Rd p/
ads
Stu Creek 4 '
13r
41
•
�- -g ..
—
d,
�
Iceal creek `�°`
(Cunihrdr
131
TF
ilipond
�3PGw9
Stale Road 1225
"Ae�^�'=•"T
d t
Dillard's Mill Rd
land ;,
-!t!-
10 StriR , lntlian Creek iced creek
CHOWA _ e
ft
,:q,
Coterr
a Y{
Chowee.River ': ...
12.. r
.. Map package created for color pdntlng.
-'4 R nck
Background Imagery ere USGS quedrerglee.
�
Legend
Anadromous Fish Spawning Areas (AFSA)
Anedrornous Rah Spawning Areas (AFM
pro) n: NC3fate Plane�j�/
O lat tudedongtiude pointDate:
December 2007 w
�,„{{{{3333^``
N boundary lice
Chowan River Area
5.3 0 0.3 Mies
®
N ® cosstd AFSA waters (MFC)
.
N®Jant AFSA wawre(MFC +WRC)
Map 9
This map was produced by the Geographic Information Systems
� ® Inland AFSA waters (WRC)
(GIS) Program. Informational data used to create this map were
from federal, organizations.
collected state, county and private
This map Is a general guide to asdet the public and Is far
- MFC and WRC rule Identification are located
with water body name.
_. -.... -....
IllustraWe purposes- only. While every effort is made to keep
- Mbdna Fisheries Commission (MFC) AFSA
rule boundaries WW In 15A NCAC 03R.0115.
We map up -to date, h Is not Intended to replace any official
source. Under no drucroslences shall the state of North Carolina
- Waters In 6o0r MFC and WRGJurkdictlms
-
.".... ;,
be Ile Is for enypgLb stakenororrdato smedefrwnrspance
-
are Wd InMFC rule,
--
on any lnhxmatlon contaiced herein from whatever source nor
� WlldlifdReaoutcee Com mission (WRC)AFSA'
locetormap
:-- -----
-shell the State be liable for any Wrar consequences from
rule boundadesidd In 15A NCAC 100.0503:•
_.. any such action.
I
L I ' 0 M 2 o 2 � zo
n
Q
d
z
m
,,..,.
...
.
.2JnQddWmda"i
N
cm
N
06
0
Spe11
m�LLV>mE
a
16
a.:2
.`L' Y
o 2i
N Z
`L
M
Q W S
d N
C O .�
Om
❑ m 0
-
E
m
EL
° o E
a)
X
NNL
N
K .n
LL LL
>00�
> 0 V%
L I ' 0 M 2 o 2 � zo
LL
J
O
C
CL
00
LL
m
c
m'
N X r
Q W N
m
aw �
i
i
i0
X
Li
N
X
aNi
v
2
N
U
t
2
Q
d
m
,,..,.
...
.
N
cm
N
06
0
a
r
a.:2
.`L' Y
in
N
) O
`L
M
Q W S
d N
C O .�
Om
❑ m 0
LL
° o E
a)
X
NNL
N
K .n
LL LL
>00�
> 0 V%
0
LL
W LL
O
E_- m
R
xsaE
ago
0
N
K
m �c'�
0� m
0 0
'TY
❑
^-_
.#�
In
Lu
0
mr
LL
N
— U .*
N
y
.✓
9
N
L
u
r
. 4
N
U
p
LL
J
O
C
CL
00
LL
m
c
m'
N X r
Q W N
m
aw �
i
i
i0
X
Li
N
X
aNi
v
2
N
U
t
2
w
a
CL
0
CL
w
aj
co
00
ILC
E
N
c
ills
Im
w
bo
0
N
W
b0
a
d
C
C
Q�
!a
t
J
bo
0
N
W
b0
a
d
C
C
!a
t
C
V
7
t
LJ
R
R
m
3
0
�
�
3
CL
'a
y
C
m
Q
0
C
G
�n
'a
N
O
m
V
D
�
to
N
C
�F+
!C
N
W
N
bo
0
N
W
b0
a
0
�n
�o m
r N
E
m
0
m
c
.N
X
w
O PO i0 V N U N V l0 to Q
nal3
co
6
M
N
m
a
LLJ
npX��
0
�n
�o m
r N
E
m
0
m
c
.N
X
w
O PO i0 V N U N V l0 to Q
nal3
co
6
M
N
m
a
"o
_
~
LY
r
i
z sm7��i e.
d
a
s
N
a
1, ,
a
w
N
Ali:
a
I
T
e
F^, ,
m«S!
8
�
i
s
z
a
O
s
01
,
uCL
►.
^�
a
1A
N d.
!o
C
C a
OC
u
X
1
E
NO
d
L
tll
W E
L
m"
m
W
d
c
m
co
§�
R
IR
G55
y
L
d
X10
E
R
V
o
Y
t
N
s
-
fA
�
o
f
a
0
LM
a
ao
a
9Ia
i
~
r
d
N
w
I
T
e
m«S!
8
z
1A
N d.
C
C a
7Z
E
NO
N
L
tll
W E
m"
m
W
d
d$
U
Um
0
LM
a
ao
a
,e
O
r
Lla'
Z a
0
frl
cis
CR
L
C
m
N
m
Q
L
m
O.
d
N
N
d
V
U
0
00
m
no
m
a
CD
e
CD
L.n ysr
cis
CR
L
C
m
N
m
Q
L
m
O.
d
N
N
d
V
U
0
00
m
no
m
a
MAJOR PERMIT FEE MATRIX
I&Ir�drrl�lc
Applicant /�"� % •�y
lft-'��j 64&'rl�nlev_
5'/16- -o//z . t/
14'XX�d&_
qEo]d�evelopment
evelopment Type
Fee
DCM %
(143001601435100093 1625 6253)
DWQ %
(24300 1602 435100095 2341)
ate, non-commercial
that does not
$250
100%($250)
0%($0)
involve the filling or
excavation of any wetlands
or o en water areas:
H. Public or commercial
development that does not
$400
100%($400)
0%($0)
involve the filling or
excavation of any wetlands
oro en water areas:
Major Modification to a
$250
100%($250)
0%($0)
CAMA Major permit
III. For development that
iI nvolves the filling and/or
excavation of up to 1 acre
of wetlands and/or open
water areas, determine if A,
B. C, or D below a lies:
III(A). Private, non-
El
commercial development, if
$250
100%($250)
0%($0)
General Water Quality
Certification No. 4097 (See
attached can be a lied:
III(B). Public or commercial
development, if General
$400
100%($400)
0%($0)
Water Quality Certification
No. 4097 (See attached)
Cbe applied:
II(C). If General Water
1Iconcurrence
Quality Certification No.
$400
60%($240)
40%($160)
4097 (see attached) could
be applied, but DCM staff
determined that additional
eview and written DWQ
is needed
because of concerns
related to water quality or
aquatic life:
III(D). If General Water
Quality Certification No.
$400
60%($240)
40%($160)
4097 (see attached) cannot
be a lied:
IV. For development that
involves the filling and/or
$475
60%($285)
40%($190)
excavation of more than
one acre of wetlands and/or
open water areas:
OK034SP60294
Filed for Record in the office of the
Register of deeds, Chowan County, N. Carolina Received at .3 -57- o'clockp� ,P����Mt,,,.�, on the
Jin day of ASN&Dli r, QQ
P°1vdF' `� andRECORDEDin_�Book
No. - 847 page —qty 2y7
DMECSusan S. Rountree -Register of Deeds
.Wrn to; weal Property
Chowan County Staff Attorney { Ti'lxcise SISMP raz
PO Box 1030 "
Edenton, NC 27932 CMIX]NA
COUNTY OF CHOWAN
0
Part of rwo 69f'/4040.4 11 -1
CONSERVATION EASEMENT
This CONSERVATION EASEMENT is granted on this -day of Ylnnsv � a
2005, by and between H. F. Byrum, Jr. and wife and wife Emily B. Byrum, collectively as
Grantor, and Chowan County, North Carolina a political subdivision of the State of North
Carolina, as Grantee.
Whereas Grantor is the sole owner in fee simple of a parcel of land lying both in
Wardville (Third) and Rocky Bock (Second) Townships of Chowan County, State of North
Carolina as described in Exhibit "A" attached hereto, incorporated herein by reference and
referred to as the "Property", and upon which was previously located the historic Brownrigg-
Dillard's Gristmill and Sawmill adjacent to and separating two bodies of water now commonly
referred to as Indian Creek and Dillard's Millpond; and
Whereas the Grantor and Grantee mutually desire that this Conservation Easement ooastihrte
an instrument created under the provisions of the Conservation and Historic Preservation Agreements
Act as cited in Article 4 of Chapter 121 of the Nath Carolina General Statutes (NCGS 121-34, et seq.]
for the specific purpose of preserving and conserving the Property in its natural state, including the
actual dam and existing milt build inA and to provide the Property for enviromnental, educational,
scientific, and recreational use by the public-, and
The characteristics of the Property, in its current use and state, are natural areas surrounding
the waters of a mill pond which feed to Indian Creek, including a small mill building and accessory
building. The mill is commercially operating and the Property serves as access from Dillard's Mill
Road (NCSR 1226) to the western portion of the millpond.
NOW, THEREFORE, in consideration of the premises and the mutual benefits recited above,
together with other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged by the parties hereto, and subject to the restrictions and covenants cited below the
Grantor hereby gives, gnnrts and conveys forever and in perpetuity to the Grantee, its successors and
assigns, and the Grantee hereby accepts, a Conservation Easement in, over, through and aUMthe "' --
OK034OPGO295
Property as described in Exhibit A attached hereto, together with the right to preserve and protect the
conservation values of the Property as described above.
The purposes of this Conservadou Easement arc to restore and protect the wildlife and natural
heritage values of the historic Brownrigg Dillard's Mill Pond dam area and it shall be so held,
maintained, and used therefore. It is the fluther purpose of this Easement to prevent any use of the
Property that will significantly impair or interfere with the preservation of said conservation values.
Grantor intends that this easement will restrict use of the Property to such activities as ate consistent
with the purposes of conservation.
Grantee, and all members of the public as allowed at reasonable and safe times by established
rules and policies of the Grantee, shall have the perpetual right to enter in, on, or across the Property to
enjoy it as a statural and conservation area
Neither Grantee nor Grantor shall remove, alter, relocate, erect, or construct any permanent
structures of any type on the Property unless boot Grantor and Grantee naturally agree in writing.
Notwithstanding this restriction, Grantee shall have the right to erect necessary dam and shoreline
restorative protections, and shall have the right to construct a small open shed on the Property for the
storage of canoes and kayaks.
Neither Grantee nor Grantor shell cause any living trees or vegetation of any type to be cut
and/or removed fium the Property unless the parties mutually agree in writing.
The Property covered by this Conservation Easement shall not be subdivided.
This Conservation Easement, including all its terms and conditions, shall exist in perpetuity. It
is an easement in gross, runs with the land, and due terms are enfosreable by each of the parties hereto,
including their successors and assigns, as applicable.
Pursuant to its continuing title ownership of the Property, Grantor, his successors and assigns,
reserves the right to engage in or permit others to engage in uses of the Property that am not
inconsistent with the purpose(s) ofthis Easement as granted to Grantor and accepted by the Grantee.
IN WITNESS WHEREOF, the Grantor has caused this instrument to be signed the day
and year first above written, and the Grantee has accepted the grant and caused the instrument to
be executed and sealed as authorized.
i
RTH CAROLINA
AAM—y'7% COUNTY
1, V Yi /t x rn a Notary Public of the County end State aforesaid, certify that both H.F. Byrum,
Jr. and his wife Emily R. personally came before me this day and acknowledged the due execmion. tltwaout
finegoing instrument. ffp", I5 a.
Witness my hand and official stamp or seal, this ''day of ' V V 2005.
My Commission Expires: � i3' - 0� - do wp a° m
ACCEPTANCE
The conveyance of the foregoing Conservation Easement is hereby accepted and the
terms and conditions therein acknowledged.
CHOWAN COUNTY
BY:
Board of Commissioners
STATE OF NORTH CAROLINA
COUNTY OF CHOWAN
Caw V -;e-
ll r � 11 L,\ j'r 1 j n m5 Notary Public, do hereby certify that
Gt.y tkv nMO1�N personally came before me this day and acknowledged that she is o
Chowan County Board of Commissioners, a body politic, and that by authority duly
given and as the act of the Board, the foregoing instrument was signed in its name by its
Chairman, sealed with its corporate seal, and attested by herself as its Clerk_
Witness my hand and notarial seal, this the _V, day of A.%(b-✓ 2005.
My commission expires: ' D(p
,*
14SIM11r,".+i. ,
FL...t
i N7r 'f
4AVTA
800r'
L
BQ348POO29
EXHIBIT A
All that certain parcel of land lying in both Wardville (Third) Township and Rocky Hock
(Second) Township, Chowan County,.North Carolina and being described and shown as
"Parcel Two" consisting of 1.38 acres on that map entitled "A Survey and Plat Showing
Conservation Easements for Chowan County" dated November 9, 2005 prepared by
Josiah A. Webb, III, PLS #L-2989 and recorded in Plat Cabinet __a,___, Slide mss_ Zr
of the Chowan County Register of Deeds. The described area being a portion of the
propprty described as Tract 9 in a deed from H. Fahey Byrum and wife Rosa Mae Byrum
to 1j, F. Byrum, Jr. and wife Emily B. Bynum recorded in Deed Book 185, page 535 of
the Chowan County Register of Deeds.
Filed: 08/162016 03:30:49 PM
Lynn C. Gillian], Register of Deeds
Chowan county, NC
Book 508 PAGE285 (3)
IuI
413125 II111111111111111111
&981 -GD -&o -4156L !�7
CORRECTION AFFIDAVIT
STATE OF NORTH CAROISNA
COUNTY OF CHOWAN
Micah R. Simonsen, being first duly sworn, deposes and says:
1. That a written instrument (the "Instrument") was recorded in the Office of the
Register of Deeds of Chowan County, North Carolina, being more particularly described
as follows:
Name or Type of Instrument: General Warranty Deed
Date of Instrument: August 13, 2018
Original Parties to Instrument: Emily B. Byrum, Trustee, or her successors In Interest, of
the Byrum Joint Revocable Trust dated March 20, 2015, and any amendments thereto,
party of the first part to Mitchell Fahey Byrum.
Recording Information of Instrument — Date: August 15, 2018
I�
Book 508
Page 286
Book: 508 Page: 265
2. That the Instrument contains the following typographical or other minor error (the
"erroel: The instrument was recorded in the wrong order. This Instrument was to be
recorded subsequent to the recording of the deed dated August 13, 2018, from Emily B.
Byrum, individually, and Emily B. Byrum, as executrix of the Estate of Hiller Fahey
Byrum, Jr., party of the first part, to Emily B. Byrum, Trustee, or her successors in
Interest, of the Byrum Joint Revocable Trust dated March 20, 2015, and any
amendments thereto, party, of the second part, duly recorded at Book 508, Page 269, of
the Chowan County Register of Deeds.
3. That the following is the correct Information which I believe should have appeared in
the Instrument.
fbt
4. A copy of the Instrument is attached.
S. That this Affidavit is prepared, executed and recorded pursuant to N.C.G.S. § 47-
36.1, for the purpose of giving notice of the error contained therein.
Given this 16th day of August, 2018.
Affiant:
Micah R. S nsen
ecok 508
STATE OF NORTH CAROLINA Page 287
COUNTY OF CHOWAN
I, John Morehead, Notary Public, far Chowan County, North Carolina, do hereby
certify that Micah R. Simonsen this day personally appeared before me and
acknowledged the due execution of the foregoing instrument for the purposes therein
expressed.
Witness my hand and official seal, this the le day of August, 2018.
My Com. Expires: 0, 2022.
(NOTARIAL SEAL)
I
.-2�M
&4-r4
otary Public
,O,pTAq`
,(JBL\o
FIRM, P.C., POST OFFICE BOX
848, EDENTON, NORTH CAROLINA 27932
MAIL AFTER RECORDING TO: Emily B. Byrum
2243 Virginia Rd.
Edenton, NC 27932
NO TITLE SEARCH PERFORMED
STATE OF NORTH CAROLINA
COUNTY OF CHOWAN >,�r�`
THIS DEED, made this the I� day of August, 2018, by and between, Emily B.
Byrum, individually, and Emily B. Byrum, as executrix of the Estate of Hiller Fahey
Byrum, Jr., whose address is 2243 Virginia Rd., Edenton, NC 27932, party of the first
part, to Emily B. Byrum, Trustee, or her successors in interest, of the Byrum Joint
Revocable Trust dated March 20, 2015, and any amendments thereto, whose address is
2243 Virginia Rd., Edenton, NC 27932, party of the second part:
WITNESSETH: That for and in consideration of the sum of Ten Dollars and other
considerations in hand paid by the party of the second part to the party of the first part,
receipt of which is hereby acknowledged, the said party of the first part has bargained,
Filed: 08/15/201804:46:31 PM
6gPq.oc,.g _003
Lynn C. Gilliard. Register of Deeds
Chowan County. NC
�P{q.op_65-50.56
Revenue Tax: $0.00-ad_76,o307.
Land Transfer Tax: $0.00
Book 508 PAGE 269 (9)
(�f74 /ab -8659
413121
�III�I��II�IIII�IIIIIN�
�.7
/�gQ�y1.06'7
(o8A9�e5-6�f2Q
!c$79I�oA6-oni bggOt0.'fA:?abz.
GENERAL WARRANTY DEED
bQ8/-eio-&O h550
�8wj{r-ro-ovzz
lrABo-m-so-BN56
PREPARED BY MICAH R. SIMONSEN, SIMONSEN LAW
�.
FIRM, P.C., POST OFFICE BOX
848, EDENTON, NORTH CAROLINA 27932
MAIL AFTER RECORDING TO: Emily B. Byrum
2243 Virginia Rd.
Edenton, NC 27932
NO TITLE SEARCH PERFORMED
STATE OF NORTH CAROLINA
COUNTY OF CHOWAN >,�r�`
THIS DEED, made this the I� day of August, 2018, by and between, Emily B.
Byrum, individually, and Emily B. Byrum, as executrix of the Estate of Hiller Fahey
Byrum, Jr., whose address is 2243 Virginia Rd., Edenton, NC 27932, party of the first
part, to Emily B. Byrum, Trustee, or her successors in interest, of the Byrum Joint
Revocable Trust dated March 20, 2015, and any amendments thereto, whose address is
2243 Virginia Rd., Edenton, NC 27932, party of the second part:
WITNESSETH: That for and in consideration of the sum of Ten Dollars and other
considerations in hand paid by the party of the second part to the party of the first part,
receipt of which is hereby acknowledged, the said party of the first part has bargained,
Book 508
Page 270
sold and conveyed and by these presents does bargain, sell and convey unto the said
party of the second part a fee simple estate in the following described lands, to -wit:
Those certain tracts or parcels of land in Chowan County, North Carolina, more
particularly described as follows: Those parcels of land in Second Township, described
In deed from Joseph Carroll Byrum, Jr., et ux, to H. F. Byrum, duly recorded In Deed
Book 108, page 647, as follows:
Tract 1: That certain tract of land known as Norfieet's point, containing 44 acres,
more or less, and more particularly described in Deed Book 11, page 177, Chowan
County Public Registry.
See the deed from H. Fahey Byrum, et ux, to H. F. Byrum, Jr., and wife dated
January 4, 1991, recorded in book 185 page 535, Chowan County Public Registry for
further description and chain of title.
This tract has Chowan County PIN 688800991478.
Tract 2: That certain tract of land adjoining the Pierce land and the Bunch land,
situate on the road leading from Evans Methodist Church to the River Road, containing
87-1/2 acres, more or less, described in Deed Book 5, page 601, known as the L. R.
Bunch tract.
See the deed from H. Fahey Byrum, et ux, to H. F. Byrum, Jr., and wife dated
January 4, 1991, recorded in book 185 page 535, Chowan County Public Registry for
further description and chain of title.
This tract is commonly known as the L. R. Bunch-Homeplace, and has Chowan
County PIN 688900520293.
Tract 3: That certain tract of land, containing 94 acres, more or less, known as
the Parker tract, more particularly described in Deed Book R-4-94, Chowan County
Public Registry.
See the deed from H. Fahey Byrum, et ux, to H. F. Byrum, Jr., and wife dated
January 4, 1991, recorded in book 185 page 535; Chowan County Public Registry for
further description and chain of title.
This tract has Chowan County PIN 6BB900618156.
Tract 4: Tract of land containing 72.68 and 2.9 acres, more or less, known as the
Moses Boyce Estate land, more particularly described in Deed Book 93, page 483.
Book 508
Page 271
See the deed from H. Fahey Byrum, et ux, to H. F. Byrum, Jr., and wife dated
January 4, 1991, recorded in book 185 page 535, Chowan County Public Registry for
further description and chain of title.
This Tract is commonly known as the John F. White -Moses Boyce Tract and has
has Chowan County PIN 689900655856.
And the following tracts:
Tract 5: That certain tract of land In Second Township, conveyed to H. Fahey
Byrum by deed of J. Carroll Byrum, et ux, duly recorded in Deed Book 115, page 113,
and described therein as follows: That certain tract or parcel of land, containing 3.06
acres, as shown on a certain map or plat prepared by T. J. Jessup, Registered Surveyor,
dated November 29 1975, entitled "Byrum Farms Incorporated — Lindsey Dillard Tract"
which map is now duly recorded in the office of the Register of Deeds, Chowan County,
North Carolina, in Plat Book 8, page 33, and is a portion of the identical real property
conveyed to Lindsey Dillard by a certain warranty deed dated August 16, 1958, and
recorded in Deed Book 14, page 230, and is the identical real property conveyed to H.
Fahey Byrum and J. Carroll Byrum by a certain warranty deed dated April 1, 1976, and
recorded in said office in Real Estate Book 109, page 625, and reference is expressly
made to said map and deeds for further description and chain of title.
See also the deed from H. Fahey Byrum, et ux, to H. F. Byrum, Jr., and wife
dated January 4, 1991, recorded In book 185 page 535, Chowan County Public Registry
for further description and chain of title.
This Tract is commonly known as the Dillard Tract and has Chowan County PIN
689900760307.
Tract 6: That certain lot or parcel of land containing being more particularly
described as "H. Fahey Byrum, Jr. Et ux. 1.19 acre Lot as located and sketched based
on Deed Book 20, page 490" on a survey by Josiah A. Webb, III dated June 23, 2015,
entitled "A Survey and Plat far Joseph Carroll Byrum, III, and H. Fahey Byrum, Jr.,
Second Township — Chowan County — North Carolina," a copy of which is recorded in
Plat Cabinet 2, Slide 76-G, Chowan County Public Registry, reference to which is made
for a more particular description.
See the deed from Joseph C. Byrum, III, et ux., to H. Fahey Byrum, Jr., et ux.,
dated September 3, 2015 and recorded In book 479 page 325, Chowan County Public
Registry. See also the deed from H. Fahey Byrum, et ux, to H. F. Byrum, Jr., and wife
dated January 4, 1991, recorded in took 185 page 535, Chowan County Public Registry
for further description and chain of title.
Bank 508
Page 272
This Tract is commonly known as a portion of the Churchill Tract, and has
Chowan County PIN 688900913911.
Tract 7: A parcel of land in Second Township, conveyed to H. F. Byrum by deed
of Undsey Dillard, et ux, duly recorded in Book 137, page 507, and described therein as
follows: That certain tract or parcel of land situate on N.C. Road No. 1314, containing
2.34 acres as shown on that certain map or plat dated March 17, 1981, prepared by
Eugene N. Jordan, Registered Surveyor. A copy of said survey is attached to said deed
as `Exhibit A" and expressly made a part thereof. See also the deed from H. Fahey
Byrum, et ux, to H. F. Byrum, Jr., and wife dated January 4, 1991, recorded in book
185 page 535, Chowan County Public Registry for further description and chain of title.
This Tract is commonly known as the Dillard -Williams Tract, and has Chowan
County PIN 689900668859.
Tract 8: A certain parcel of land in Second Township, Chowan County, North
Carolina, conveyed to H. F. Byrum by deed of William P. Felton, et als, duly recorded in
Book 13, page 406, Chowan Registry, and described therein as follows: Beginning at a
point 30 feet from the center of River Road, culvert at a branch, said point constituting
the southwest corner of William P. Felton lands; thence North 18 degrees 30 minutes
East .72 chains; thence North 22 degrees West 72 chains; thence North 39 degrees
East 1.77 chains; thence North 8 degrees 30 minutes East 1.05 chains; thence North 15
degrees 30 minutes West 1.89 chains; thence North 34 degrees East 1.14 chains;
thence North 21 degrees East .74 chains; thence North 50 degrees East 1.78 chains;
thence North 12 degrees East 1.57 chains; thence South 74 degrees West 1.98 chains;
thence North 76 degrees West 1.80 chains; thence North 33 Degrees West .85 chains;
thence North 24 degrees West 90 chains; thence due South 4.05 chains; thence South
5 degrees West 4.70 chains; thence South 4 degrees East 1.50 chains; thence South 25
degrees East 1.00 chains; thence South 42 Degrees East 1.00 chains; thence South 64
degrees East 1.74 chains to the point of beginning, containing 5.5 acres according to
survey plat of T. J. Jessup, Registered Surveyor, said plat dated August 20', 1955.
See also the deed from H. Fahey Byrum, et ux, to H. F. Byrum, Jr., and wife
dated January 4, 1991, recorded in book 185 page 535, Chowan County Public Registry
for further description and chain of title.
This Tract is commonly known as the W. P. Felton Tract and has Chowan County
PIN 698000694583.
Tract 9: A certain parcel of land in First and Second Township, known as a part
of the Dillard Mill or Nixon Mill Property, conveyed to H. F. Byrum by deed of record in
Book 169, page 692, Chowan County Registry, situate on the South side of Indian
Creek, and being bounded on the West by River Road, on the South by lands of the
Cross Roads Fire Department, on the East by Dillard Mill Pond and on the North by the
Book 508
Page 273
run of said creek, across which lie lands of Walter lane. This is a portion of a certain
tract conveyed to H. F. Byrum and Walter Lane by deed of record in Book 7, page 535,
Chowan County Registry, subject to the right of Walter O. Lane to use and operate the
Grist Mill Situate upon the premises for the term of his natural life.
See also the deed from H. Fahey Byrum, et ux, to H. F. Byrum, Jr., and wife
dated January 4, 1991, recorded in book 185 page 535, Chowan County Public Registry
for further description and chain of title.
This Tract is commonly known as Dillard's Mill and has Chowan County PIN
698100604211.
Tract 10: That certain parcel of land in Second Township, Chowan County,
North Carolina, situate on the East side of N.C. Highway 32, known as the H.F. Byrum
and wife, Rosa Mae Byrum residence, containing 1 acre, more or less, being bounded
by the aforesaid highway and Byrum lands.
See also the deed from H. Fahey Byrum, et ux, to H. F. Byrum, Jr., and wife
dated January 4, 1991, recorded in book 185 page 535, Chowan County Public Registry
for further description and chain of title.
This parcel parcel is commonly known as the former residence of H. Fahey
Byrum and wife Rosa Mae Byrum, and has Chowan County PIN 689900062252.
Tract 11: That certain tract or parcel of land in Second Township, Chowan
County, North Carolina, known as the T.C. White place or the J. C. Byrum Homeplace,
containing 137.6 acres, more or less as described in deed of record in Book 13, page
53, Chowan County Public Registry, and for further reference see deed in Book 108,
page 647, Chowan Registry.
This property, or a portion thereof, is subject to a Conservation Easement as
shown in the Deed of Conservation Easement dated December 9, 2004, and recorded in
book 388 page 652, Chowan County Public Registry.
This Tract is commonly known as the T. C. White Tract, and has Chowan County
PIN 688900856420.
Tit 12: That certain tract or parcel of land commonly known as the Bush Farm
Tract, containing 11.39 acres, more or less. See Chowan County Estate file number 74-
E-18 for a more particular description and chain of title.
This tract has Chowan County PIN 699000482262.
Book 508
Page 274
Tract 13: That certain lot or parcel of land In First and Second Township, known
as a part of the Dillard Mill or Nixon Mill property situate on the North Side of Indian
Creek and bounded on the West by the River Road, on the South by the run of said
Creek, on the North by the lands of Walter lane and Pete Blanchard, and on the East
by Dillard Mill Pond and being a part of the lands conveyed to H. F. Byrum and Walter
Lane by deed dated July 7, 1948, duly recorded in Deed Book 7, page 335, Chowan
County Registry. See also the deed dated March 17, 2008 from H. Fahey Byrum, Sr., at
ux. to H. Fahey Byrum, Jr., recorded in book 393, page 550, Chowan County Public
registry far further description and chain of title.
This property, or a portion thereof, is subject to a Conservation Easement as
shown In the Deed of Conservation Easement dated November 21, 2005, and recorded
In book 348 page 294, Chowan County Public Reglstry.
This parcel is commonly known as the Dillard's Mill Tract and has Chowan County
PIN 698100604550.
Tract 14: That certain tract or parcel of land containing 131.18 acres, more or
less, located in Second Township, Chowan County, North Carolina, and being more
particularly described on a survey prepared by Godfrey & Associates Surveying, dated
July 14, 2002, and entitled "Property Being Conveyed To Hiller Fahey Byrum, Jr. and
Joseph Carroll Byrum, III", which survey is recorded In Plat Cabinet 2, Page 4D of the
Chowan County Public Registry, reference to which is made for a more particulae
description. Said parcel of land Is the same as that described in a deed dated February
5, 1883, from Benjamin L. Evans and Wife to Zachariah Evans, which deed is recorded
in Deed Book Y, page 453 of the Chowan County Public Registry, and is also described
on a survey by W. J. Berryman, recorded in Plat Book 10, page 77 of the Chowan
County Public Registry.
The above-described tract or parcel of land was conveyed to Byrum Farms, Inc.
by deed from Mary Evans Cooper, et ux, et als, dated June 10, 2002, recorded in Deed
Book 290, page 519, Chowan County Public Registry. Said tract was acquired by Joseph
Carroll Byrum, III and Hiller Fahey Byrum, Jr., by deed from Byrum Farms, Inc. dated
September 30, 2002, and recorded in book 293, page 317 Chowan County Public
Registry. Said deed is referred to and made a part hereof for further description and
chain of title.
LESS AND EXCEPT: that certain lot or Parcel of land located in Second Township,
Chowan County, North Carolina containing 1 acre, more or less, and being more
particularly described on a survey by Josiah A. Webb, III, dated May 23, 2013, and
entitled "A Survey and Plat for Joseph Carroll Byrum, I1I, Second Township — Chowan
County — North Carolina," a copy of which is recorded In Plat Cabinet 2 slide 68A,
Chowan County Public Registry, as follows:
Book 508
Page 275
Beginning at a set iron pin in the Western edge of the right of way of N.C.
Highway 32 (Virginia Road), which Iron pin is located South 34 degrees 51 minutes 12
seconds West 64.71 feet from a P. K. Nail Control marker in the south end of a concrete
headwall; proceeding thence from said Point of Beginning North 66 degrees 03 minutes
28 seconds West 183.67 feet to an Iron pin a corner; thence along the southern
boundary of the lands now or formerly owned by Ralph T. Wellman, et ux., South 74
degrees 01 minutes 23 seconds East 251.00 feet to an existing iron pin in the Western
edge of the right of way of N.C. Highway 32 (Virginia Road), a comer; thence along the
Western edge of the right of way of N.C. Highway 32 (Virginia Road) South 17 degrees
24 minutes 08 seconds West 59.6 feet to a point; thence continuing along said right of
way South 20 degrees 40 minutes 52 seconds West 101.54 feet to a point; thence
continuing along said right of way South 25 degrees 01 minutes 35 seconds West 52.15
feet to the point and place of BEGINNING.
This tract is commonly known as the Dolby Farm and has Chowan County PIN
698000808456.
Tract 15: That certain lot or parcel of land located In First Township, Chowan
County, North Carolina, being more particularly described as follows:
BEGINNING at an iron pipe in the western right of way of State Road No. 1314 at the
Southeastern comer of the H.F. Byrum Property, being .2 miles, more or less south of
the Intersection of State Roads No. 1303 and 1314, thence South 36 degrees 51
minutes East 314.2 feet along said right of way to a point; thence South 53 degrees 09
minutes West 462.1 feet to a point; thence North 42 degrees 21 minutes West 362.4
feet to a point; thence North 58 degrees 30 minutes East 499.2 feet to the point and
place of beginning, containing 3.72 acres, as shown on that certain plat entitled "HA
Byrum Woodland" dated February 11, 1982, prepared by Eugene N. Jordan, Registered
Surveyor and recorded in the Office of Register of Deeds of Chowan County in Plat Book
10, page _. Reference is made to said plat for further description and chain of
title.
Said parcel is the same parcel conveyed by Lindsey Dillard and wife to H.F.
Byrum by deed dated December 19, 1983 and recorded in Book 146 page 412 of the
Chowan County Public Registry. See also the deed from H. Fahey Byrum, Jr., et ux, et
al., to H. Fahey Byrum, Jr., dated January 12, 2010, recorded in book 418 page 227,
Chowan County Public registry for a more particular description and chain of title.
This tract has Chowan County PIN 689900760771.
Tract 16: That certain lot or parcel of land in second Township, Chowan County,
North Carolina, known as the J. C. Byrum residence, containing 3 acres, more or less
and more particularly described as follows:
Book 508
Page 276
BEGINNING at the intersection of the western edge of N.C. Highway No. 32 with
the southern edge of Rural Road 1224 and running thence along Highway No. 32 in a
southerly direction 410 feet; thence turning right and running parallel to Rural Road
1224, 265 feet to a comer; thence turning right and parallel to Highway No. 32, 410
feet to Rural Road 1224; thence right and along the edge of said road 265 feet to the
place of beginning.
This tract is commonly known as the J. C. Byrum Tract and has Chowan County
PIN 688900969337.
This Tract 16 contains the primary residence of the grantor.
Tract 17: A one half undivided interest in and to that certain lot or parcel of land
located in Second Township, Chowan County, North Carolina, consisting of 1.00 acre,
and being more particularly described as Parcel Six on a survey by Josiah A. Webb, III,
dated June 23, 2015 and entitled "A Survey and Plan for Joseph Carroll Byrum, III and
H. Fahey Byrum Jr." a copy of which is recorded In Plat Cabinet 2 slide 76-G, Chowan
Country Public Registry.
This lot has Chowan County parcel identification number 689900010622
TO HAVE AND TO HOLD the aforesaid lands with all rights and privileges
thereunto belonging or In anywise appertaining unto the said party of the second part
and her heirs and assigns, in fee simple forever.
And the said party of the first part for herself, her heirs and personal
representatives covenants to and with the said parry of the second part, that she is
seized of said lands in fee simple and has a good right to convey the same in fee
simple; that the said lands are free and clear of all encumbrances, SAVE AND
EXCEPTING, prior conveyances, rights of ways for highways and public utilities,
restrictions, covenants and easements of record, and ad valorem taxes for the year
2018 and subsequent years, and that she will forever warrant and defend the title to
the same against the lawful claims of all persons whomsoever.
Book 508
Page 277
IN WITNESS WHEREOF, the said party of the first part has hereunto set her
hand and seal, this the day and year first above written.
/ n /yw i 1S �[iratu� (SEAL)
mily B. By m, IndividuiAlly and as Executrix of the
Estate of Hiller Fahey Byrum, Jr.
STATE OF NORTH CAROLINA
COUNTY OF CHOWAN
I, 1aSS P St -YY VASU\ Notary Public, for Chowan County,
North Carolina, do hereby certify that Emily B. Byrum this day personally appeared
before me and acknowledged the due execution of the foregoing instrument for the
purposes therein expressed.
Witness my hand and official seal, this the J? dayof t�h.�+lS"I .2018.
r� Notary Public
My Com. Expires: / "Z-` Z -O Z I
(NOTARIAL SEAL
LARS P SIMONSEN Simonsen Law Firm, pC
NOTARY PUBUC P.O. Box 848
CNOWAN,CCUNTY. NC P.dOMM NC 27932
FILED in CI"M COWy, NC
on 03/19/08 M 03 ■
ay: SUSAN S q0
WW 393 RMSTER PAGE 550
FMQS Fmonry =
COUNTY
� ^i ; x.; .
Real
NORTH .4'"2"�
w;ise Stamp pT Tax
CAROLINA
DEED
PREPARED BY LARS P. SIMONSEN, SIMONSEN LAW FIRM, P.C., POST OFFICE BOX 848,
EDENTON, NORTH CAROLINA 27932
MAIL AFTER RECORDING TO: Mr. H. Fahey Byrum Sr.
2235 Virginia Road
Edenton, NC 27932
NO TITLE SEARCH PERFORMED
STATE OF NORTH CAROLINA
COUNTY OF CHOWAN
THIS DEED, made this the rl" day of March, 2008, by and between H. Fahey
Byrum Sr. and wife, Rosa J. Byrum, parties of the first part, to H. Fahey Byrum Jr.,
whose mailing address is 2243 Virginia Road, Edenton, North Carolina, party of the
second part:
WITNESSETH: That for and In consideration of the sum of Ten Dollars and other
considerations in hand paid by the party of the second part to the parties of the first
part, receipt of which Is hereby acknowledged, the said parties of the first part have
bai�gatned, sold and conveyed and by these presents do bargain, sell and convey unto
o?$Ul a4 -o
the said party of the second partan ;Ps I&I Ugns, the following described
lands, to -wit:
That certain lot or parcel of land in First and Second Township, Chowan County,
North Carolina, known as a part of the Dillard Mill or Nixon Mill property situate on the
North side of Indian Creek and bounded on the West by the River Road, on the South
by the run of said Creek, on the North by the lands of Walter Lane and Pete Blanchard,
and bn the East by Dillard MITI Pond and being a part of the lands conveyed to H. F.
Byrum and Walter Lane by deed dates July 7, 1948, duty recorded in Deed Book 7,
Pfje' 31W Chowan County Registry.
TO HAVE AND TO HOLD the aforesaid lands with all rights and privileges
thereunto belonging or in anywise appertaining unto the said party of the second part
and. his heirs and assigns, in fee simple forever.
And the said parties of the first part for themselves, their heirs and personal
representatives covenant to and with the said party of the second part and his heirs
and assigns, that they are seized of said lands in fee simple and have a good right to
convey the same In fee simple; that the said lands are free and clear of all
encumbrances, SAVE AND EXCEPTING rights of ways for highways and public utilities
and ad valorem taxes for the year 2008 and subsequent years, and that they will
forever warrant and defend the title to the same against the lawful claims of all persons
whomsoever.
IN WITNESS WHEREOF, the said parties of the first part have hereunto set their
hands and seals, this the day and year first above written.
(SEAL) %C' tib �..ur (SEAL)
W Fahey BVIM $ . Rosa 1. Byru
BOOK 393 PAGE 551
STATE OF NORTH CAROLINA
COUNTYOF •
it "6 ! e i.dL.
Notary Public, for Chowan County, North
Carolina, do hereby certify that H. Fahey Byrum Sr. and wife Rosa J. Byrum, this day
personally appeared before me and acknowledged the due execution of the foregoing
instrument for the purposes therein expressed.
Witness my hand and official seal, this the r1' day of March, 2008.
a I f I
6, g wA'
My Com. Expires: q- o�D l Notary Public
(NOTARIAL SEAL) ID K AO -Q
ID Y n 67.J
CHAMBLEE B SIMONSEN
NOTARY PUBLIC
CHOWAN COUNTY, NC
My Com n z 12.1910N
LPS/d80eW8WUMSr.W3yruWr(Lane house)