Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
20071624 Ver 2_CAMA Application_20071227
0 1 f. o~ - Iba~ vZ ~~~ LAND MANAGEMENT GROUP arc. Environmenta! Consultants Ryan Davenport Division of Coastal Management 400 Commerce Ave. Morehead City, N.C. 28557 29 August 2007 A- s~ ~ , ~C~ f ~~~ ° ~~~Q~~ jiff Uj=C 2 7 2001 ~HR "WATER QUALI'T'Y R9~js,~8 Re: CAMA Major Permit Application, Beaufort Marina Village Yacht Club Expansion, Carteret County Dear Ryan, On behalf of Beaufort Marina Village Yacht Club, Inc., I am submitting a CAMA Major Permit application. Enclosed are the application materials. The Applicant, Rod Hoell, will hand deliver the copy of the Deed and Application fee in person to your office. The enclosed narrative describes the proposed activities. If I may be of any assistance during your review of this application, please contact me at your convenience. Sincerely, ' Mark Westendorff Environmental Scientist Encl.: Application forms and figures cc: Rod Hoell (Beaufort Marina Village Yacht Club, Inc.) www.lmarouq.net • info(c~lmaroua.net • Phone: 910.452.0001 • Fax: 910.452.0060 o~- Permit Class NEW STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission ~rn~tt for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Permit Number 196-07 Issued to Beaufort Marina Village Yacht Club, PO Box 131, Beaufort, NC 28516 Authorizing development in Carteret County at adiacent to Beaufort Channel Piver's Island Rd. Piver' Island , as requested in the permittee's application dated _$/29/07. including the attached workplan drawings (5) sheets 9 - 12 of 13 dated "revised 8/29/07" and sheet 13 of 13 dated 11/x/06 This permit, issued on December 20, 2007 , 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 Expansion 1) In order to comply with 15A NCAC 07H.0208(b)(6)(J)(iii) which states "Pier length shall be limited by: (iii) not extending more than one-fourth the width of a natural water body, or human-made canal or basin" no portion of the authorized marina expansion, including all tie pilings associated with the slips, shall extend no more than'/a the width of the water body. The permittee is advised that the tie pilings associated with slip number 17 may need to be relocated to comply with this condition. (See attached sheets for Additional Conditions) i pis permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit shall be accessible on-site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. Al( work shall cease when the permit expires on December 31, 2010 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. dpi ~s. V. Hr~ James H. Gregson, Director Divtsion of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Beaufort Marina Village Yacht Club ` ~ ~'" ' ADDITIONAL CONDITIONS Permit # 196-07 Page 2 of 3 2) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's riparian access corridor. This corridor is determined by drawing a line parallel to the channel, or deep water, then drawing a line perpendicular to the channel line or deep water line that intersects with the shore at the point where the upland property line meets the water's edge. 3) In order to ensure compliance with Condition Nos. 1 and 2 of this permit, an as-built survey showing the location and dimensions of the constructed structure, the distance across the water body as measured from the waterward edge of any Coastal Wetlands or the normal high water line on both sides of the water body, and the distance to the neighboring riparian corridors shall be performed on the facility, and copies of the survey shall be provided to the Division of Coastal Management within 60 days of completion of construction. NOTE: Failure to provide the survey required in Condition No. 3 shall result in a violation of this permit. 4) Unless specifically altered herein, this permit authorizes only the docks, piers, boatlifts, and other structures and uses located in or over the water, all as expressly and specifically set forth in the attached permit application and workplan drawings, with the exception of that outlined in Condition No. 1 of this permit. No other structure, whether floating or stationary, shall become a permanent part of this marina expansion without permit modification. No non-water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. 5) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the marina. Any sewage discharge at the marina shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 6) Prior to the occupancy of any new slips authorized under this permit, a marine pumpout sewage disposal facility shall be installed, easily accessible, operable, and maintained for the life of the marina. 7) The marina shall 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 pier. 8) Prior to the occupancy of any slips authorized by this permit, the permittee shall meet on-site with a representative of the Division to ensure that the required signage, and the pumpout facility is in place and operable. 9) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 10) The permittee shall 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. Beaufort Marina Village Yacht Club ADDITIONAL CONDITIONS Permit # 196-07 Page 3 of 3 11) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury that may be caused from existing or future operations undertaken by the United States in the public interest. 12) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 13) This permit authorizes the addition of 10 boat slips, for a total of 18 slips. Mitigative commitments 14) Any mitigative measures or environmental commitments specifically made by the applicant in the Environmental Assessment for this project shall be implemented, regardless of whether or not such commitments are addressed by individual conditions of the permit and any subsequent modifications. General 15) 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 shall 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. 16) No open water areas or vegetated wetlands shall be excavated or filled, even temporarily. 17) The permittee and/or his contractor shall meet with a representative of the Division prior to project initiation. 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) 808-2808 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 N.C. Division of Water Quality has authorized the proposed project under General Water Quality Certification No. 3624 (DWQ Project No. 071624), which was issued on 10/16/07. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No. 197800056 (COE Action Id. No. SAW-2007-02330-016) which was issued on 10/22/07. C P-7 - 1 1/ D M M ~ ~l b a APPLICATION for Major Development Permit (last revised 12!27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant Landowner Information Business Name Beaufort Marina Village Yacht Club Project Name (if applicable) Beaufort Marina Yacht Village Applicant 1: First Name Rod MI Last Name Hoell Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address P. O. Box PO Box 131 City Beaufort State NC ZIP 28516 Country Beaufort Phone No. 252 - 728 - 5088 ext. FAX No. 252 - 728 -1701 Street Address (~f different from above) City State ZIP Email 2. AgentContractorlnformation Business Name `!' Land Management Group Inc. -J Agent/ Contractor 1: First Name MI Last Name aENR -WATER QUALITY Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State PO BOX 2522 Wilmington NC ZIP Phone No. 1 Phone No. 2 28402 910 - 452 - 000 1 ext. - - ext. FAX No. Contractor # 910 452 0060 Street Address (-f different from above) City State ZIP 3805 Wrightsville Ave Wilmington NC 28403 - Email <Form continues on back> Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Carteret Subdivision Name City State Zip Beaufort NC 28516 - Phone No. Lot No.(s) (rf many, attach additional page with list) 252 - 728 - 5088 ext. , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Beaufort Channel 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 Newport 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. Carteret County 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 558.42 linear ff. This will be a commercial operation. 0.5 acres or 21,780 square feet c. Size of individual lot(s) d. Approximate elevation of tract above NHW (nom-al high water) or N/A, NWL (nomtal waterleve/) (If many lot sizes, please attach additional page with a list) +5 ff. ^NHW or ®NWL e. Vegetation on trail There is a fringing salt marsh on the northwestern side of the property. Dominant species include Spartina altemiflora, Borrichia frutescens, Limonium sp., Spartina patens and Salicomia virginica. f. Man-made features and uses now on tract On-site uplands are largely impervious and include a parking facility that is composed of large gravel deposits and packed dirt. The current owner has reclaimed approximately 3.150 sq. ft. of green space within the 30fl NC CAMA Shoreline Buffer. The remaining 18,716 sq. ft. is existing parking lot. There are two dock systems located on the tract. The Piver's Island Marina, currently leased to others, and the Beaufort Marina Village Yacht Club currently owned and maintained by the applicant. g. Identify and describe the existing land uses adjacent to the proposed project site. Surrounding commercial properties in the immediate vicinity include Smith's Railway, which is an active boat yard, and several seafood and commercial fishing businesses. Piver's Island, directly to the south of the proposed property, is being utilized by NOAA and Duke University for marine research facilities. h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? B_2 (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 d involve a ^Yes ®No ^NA National Register listed or eligible property? <Form continues on next page> Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ^Yes ®No (ii) Are there coastal wetlands on the site? ^Yes ®No (iii) If yes to either (i) 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 ^PublicJGovemment ^ Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. When complete, the proposed project will provide an additional ten boat slips for a total of 18 permanent slips thus providing increased access for those who would wish to enjoy boating and recreational fishing opportunities in the Beaufort area. c. Describe the proposed construction methodology, types of construction equipment to tie used during construction, the number of each type of equipment and where it is to be stored. Building materials will be delivered by flatbed truck and deposited at the eastern edge of the parking area. A barge equiped with pile driving equipment will be moored in place for the water activities at the proposed location of the dock expansion. d. List all development activities you propose. The applicant only proposes to expand the existing dock system by ten slips resulting in a total of 18 permanent slips. No upland development is proposed. All upland development, including parking, is already in place. e. Are the proposed activities maintenance of an existing project, new work, or both? new work f. What is the approximate total disturbed land area resulting from the proposed project? n/a ^Sq.Ft or ^Acres g. Will the proposed project encroach on any public easement, public accessway or other area ^Yes ®No ^NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. There are no proposed discharges to waters of the state. i. Will wastewater or stormwater be discharged into a wetland? ^Yes ®No ^NA 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 ^NA If yes, attach a mitigation proposal. <Form continues on back> ' Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additionallnformation 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) - (t) are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (inGuding 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 Gaims title 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 certfied 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 Jason PetersonlNCDOT District Engineer Phone No. 252-514-4716 Address 209 South Glenburnie Road, New Bem, NC, 28560 Name Dr. David Johnson/Duke University Marine Laboratory Phone No. 252-728-8746 Address 101 Pivers Island Rd., Beaufort, NC, 28516 Name Jim Moore Phone No. Address P. O. Box 147, Van Wyck, SC, 29744 g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. CAMA Major Permit No. 15-94, Rodney and Debra Hoell, 1994 CAMA Major Permit No. 47-98, Rodney and Debra Hoell, 1998 General Permits No. 40724, 41317C, 41996C, 43440C, Rodney General Permit No. 43509C, Rodney Hoell, 2005 Hoell, 2005 h. Signed consultant or agent authorization form, iF applicable. i. Wetland 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. Certii~ication and Permission to Enter on 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 certify th t the infor tion provided in this application is truthful to the best offmy knowledge. -",~ Date ~ 0~"' Print Name /~ G t~fiwo-.v~'~ /,cam-~"'~+'~~ ~~'~'' Signature!~~~~l~k:~/" Please indicate application attachments pertaining to your proposed project. ^DCM MP-2 Excavation and Fill Information pDCM MP-5 Bridges and Culverts ^DCM MP-3 Upland Development ®DCM MP-4 Structures Information L~~ LAND MANAGEMENT GROUP INc. Environmental Consultants l FACSIMILE TRANSMITTAL SHEET i To: \ ~Q~VI:~. ~( `T- Dafe: ~ ~ ~ D N-ti. Company: t ~_ ~c w`- Fax Number: Phone Number: ^ ~~' aY~ -J3~~ From: # of Pages (!ncluding cover): RE: C -~-a- V~c~ ~ r- NotesfComments: ~~~~ - ~- C ~o~l„~~ p~`,.s d ~ - ~/ www.lmgroup.net • info@lmgronp.net • Phone: 910,452.0001 • Fag: 910.452.0060 ` 3805 Wrightsville Ave., Suite i5, Wilmingtont, NC 28403 • P.O. Bog 2522, Wilmington, NC 28402 ~: r 2h .~ ~ i. ..y ~. Form DCM MP-4 ~` ~,,~- ;~~:.° '~ ~s. ~ ~ ' , :; '~ ~ TR CTURES s u t ~ ~~ ~' ~ ~ ,>~I,~ (Construction within Public Trust Areas) ~~^^ /~, ^^~~ f ' ~~ _~a,~~ j~~ ®1~~3~i,fil 0.,I~o~ ~~a~fi Attach this form to Joint Application for LAMA 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. 1. DOCKING FACILITY/MARINA CHARACTERISTICS ^This section not applicable i a. (i) Is the docking facility/marina: b. (i) Will the facility be open to the general public? ®Commercial ^PubliclGovernment ®Private/Community ®Yes ^iNo ' c. (i) Dock(s) and/or pier(s) d. ~ (i) Are Finger Piers included? ®Yes ^No If (ii) Number 1 ~ ~ yes: (iii) Length ' (ii) Number 4 (iv) Width 7ft (ui) Length 40ft (v) Floating ®Yes ^No (iv) Width 5ft (v) Floating ®Yes ^No e. (i) Are Platforms included? ^Yes ®No f. (i) Are Boatlifts included? ®Yes ^No If yes: If yes: (ii) Number (ii) Number 8 (iii) Length (iii) Length (iv) Width (iv) Width (v) Floating ^Yes ^No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed h. Check all the types of services to be provided. 10 ^ Full service, including travel lift and/or rail, repair or (ii) Number of slips existing maintenance service 8 ^ Dockage, fuel, and marine supplies ®Dockage ("wet slips") only, number of slips: 10 ^ Dry storage; number of boats: ^ Boat ramp(s); number of boat ramps: ^ Other, please describe: i. Check the proposed type of siting: j. Describe the typical boats to be served (e.g., open runabout, ^ Land cut and access channel charter boats, sail boats, mixed types). ®Open water; dredging for basin and/or channel Mired types ^Open water; no dredging required ^Other; please describe: k• Typical boat length: up to 65ft I. (i) Will the facility be open to the general public? ®Yes ^No m. (i) Will the facility have tie pilings? ®Yes ^No (ii) If yes number of tie pilings? 18 t 2. DOCKING FACILITY/MAR/NA OPERATIONS ^This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ^ Office Toilets ^ Toilets for patrons; Number: ;Location: ^ Showers ®Boatholding tank pumpout; Give type and location: Portable waste pumpout system to be located on the 154ft. floating dock. b. Describe treatment type and disposal location for all sanitary wastewater. The pumpout will be easily accessible and in a convenient location for slip owners and it will be the Dock Owner's Association to hire a contractor to routinely remove wastes from the pumpout system. ' c. Describe the disposal of solid waste, fish offal and trash. Assessments will be levied to cover the cost of garbage removal services. (See Enclosed Covenants) d. How will overboard discharge of sewage from boats be controlled? No overboard discharge of sewage from boats will be allowed. (See enclosed Covenants) e. (i) Give the location and number of "No Sewage Discharge" signs proposed. Signs will be posted in an easily visible location. (ii) Give the location and number of °Pumpout Available° signs proposed. Signs will be posted in an easily visible location. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. N/A g. Where will residue from vessel maintenance be disposed of? N/A No vessel maintainence shall take place at the proposed facility h• Give the number of channel markers and "No Wake" signs proposed. Channel markers and "No Wake" signs are already in place. i. Give the location offuel-handling facilities, and describe the safety measures planned to protect area water quality. N/A j. What will be the marina policy on overnight and live-aboard dockage? The marina is proposed as a "closed-head", "non live-aboard" facility. (See attached Covenants) k. Describe design measures that promote boat basin flushing? N/A The proposed facility is not to be a basin and is currently located in open water. I. If this project is an expansion of an existing marina, what types of services are currently provided? Currently, Beaufort Marina Yacht Club provides 8 existing wet slips and one floating dock. Parking facilities are also provided. m. Is the marina/docking facility proposed within a primary or secondary nursery area? ^Yes ®No n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ^Yes ®No o. Is the marina/docking facility proposed wthin or adjacent to 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 There are no coastal within the proposed expansion however there are coastal wetlands located along the NW portion of the parking lot. ^SAV ^SB ^WL ^None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ^Yes ®No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) ®This section not applicable a. (i) Is the boathouse structure(s): ^Commercial ^PubliGGovernment ^Private/Community (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a• (i) Number (ii) Length (iii) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable a• Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS This section not applicable a. Is the structure(s): ^Commercial ^Public/Government ^Private/Community c. Distance to be placed beyond shoreline Mooring piling/tie flings will be located within floating dock footprint and located at 37.5 and 65.0 feet from floating dock Note: This should be measured from marsh edge, if present. e. Arc of the swing N/A b• Number d. Description of buoy (color, inscription, size, anchor, etc.) ~s Y.~,.: vy '' ~~ ~~ tom? ~ ~ f ? ~3"cw,. s 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines Approximatley 289ft Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body aaaroximately 700ft e. (i) Will navigational aids be required as a result of the project? ^Yes ®No ^NA (ii) If yes, explain what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking facilities. Approximatley 50 ft to Pivers Island dock facility to the west. d. Water depth at waterward end of structure at NLW or NWL - Oft 8. OTHER ^This section not applicable a. Give complete description: See Narrative for complete description of the proposed expansion of the Beaufort Village Marina Club dock system. O Date w l I~ Project,N-a /m~e. /~ f ` ~ / ~ N, ~1~!-J~. {4~S ~Pii/d.01r' iT ~ (/d'+~-~ ,YCdN ~~ ~ ~~•c,,0~ .LAIC' . A li nt ame / t Applicant Signature n ^ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ^ Print your name and address on the reverse so that we can return the card to you. W Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: _ ~ 1 ~j~~~~ -~~~~~~~~ C6r~ e~~~wl A ~ryy ;;~~ ~ t ,~ ~~f~r~ ~~~° E A. ^ Agent by (Prigf~d Name) ~ C. Date D. Is delivery address different from item 1? U Yes If YES, enter delivery address below: ^ No 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 (Transfer from service label) 7 D D 5 18 2 D D D D 2 913 5 8 719 PS Form 3811, February 2004 Domestic.Return Receipt 102595-02-M-1540 7 .ti - --- ------ r ~ 1 • ^ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ^ Print your name and address on the reverse so that we can return the card to you. ~ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: ~~ y{ 29 ~- ~~. ~ V U Addressee B; Received by (Printed Name) C. Date of Delivery D. Is delivery address different from item 1? ^ Yes if YES, enter delivery address below: ^ No 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 (ransfer from service /abed 7 D D 5 18 2 D D D D 2_ 913 5 _87 D 2_____ PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 ^ Complete items 1, 2, and 3. Also complete ,~ ~ item 4 if Restricted Delivery is desired. } ^ Print your name and address on the reverse so that we can return the card to you. ^ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: .iii; li rn. l~ Jason ~eftvrson ~ NC Dept of Transportation 209 South Glenburnie Road ,. A. Signat~uyre ~ ' X % /'~ Agent G ' L. F i..- G ^ Addressee B. R ed by (Prlat~ed Name) Date of Delivery f~~% _ .GSA' // ~ ~1` D. Is delivery address different from Item 1? ^ Yes If YES, enter delivery address below: ^ No 3. Service Type ^ Certified Mall ^ Express Mail ^ Registered ^ Return Receipt for Merchandise ^ Insured Mail ^ C.O.D. 4. Restricted Delivery? (Extra Feel ^ Yes 2. Article Number (Transfer from service /a6e/) __ 7 D D 5 18 2 D D D D 2 913 5 8 6 5 8_ PS Form 3811, February 2004 Domestic Return Receipt 102595-oz-M-tSao tLit! lyt ilf ~~ 1 ~` ~ .. ~~ is"lli~~t 11 r .sue r ~~ 1--. .. ~ _ ti~ ,, F~ F 7 A ~w _ r~t' f + a ~?,' ~i~ _fv:i ! t /l ~ lic^-n.~ ~ ..1, Map Source: North Carolina Atlas & Gazetteer. Pg 78,79.2003 LMG CAMA Major Permit Application Vicinity Map c,nxnMaxncE~r~rcxour~:,~ Beaufort Marina Village Yacht Club Environments! Consuhan,s Carteret County, NC 7/2007 Sheet 1 of 13 .r- ° ~ r --,t,~ ..r ~~~~ ,~-~" .,,~ a ~. A ~ ~ ~~~ ~ , ~ a rte' ~., ~ t - -- R -- M.~a ~~~~ i ~. a... , 1 ~,'~ {; . Y ~' j) ~,p~ ~+ ~$ ~. 1 r- ~. i r r~~~~~ c SITE _ ~ E .A I~M~a ~l~ ~ i~~.~ t ~; , ~. r ., "~° 'h tee. ~ "~ e ~' ss. r' n >~ rr~4;~ ~~ f ,~ ~~ ,~' ~. ~ i 600 300 0 600 "Boundaries are approximate anct are not meant to be absolute. SCALE 1" = 600' Map Source: Beaufort Quadrangle 7.5 minute (topographic) 1990. LMG CAMA Major Permit Application USGS Topographic Map LAND MANAGEMENTGROL'P~nc Beaufort Marina Village Yacht Club Environmental Cons^/rnnrs Carteret County, NC 7i2oo7 Sheet 2 of 13 W J ~~ ~' A' n ~~~~~~ .. ~,§.. :'_ bi' ~~" R! ?iS.r I 300 150 0 300 `Boundaries are approximate ~~~~J a~~ nit meant to be absol~.ate LMG CAMA Major Permit Application Soils Map LnxDmnxncaMexrcxourw~ Beaufort Marina Village Yacht Club Environmental Consultants Carteret County, NC. 7/2007 Sheet 3 of 13 LMG LA2dD MANAGL-MENT GROUP ~:+~ Environmental Consultants CAMA Major Permit Application Existing Docks and Beaufort Marina Village Yacht Club Adjacent Land Uses Carteret County, NC 7/2007 Sheet 5 of 13 •~ G-:::'.. ~~~ ~<<~ ~`, - ~.,. „ EXISTING PARKING AREA VIEW FROM PIVERS ISLAND ROAD, FACING EAST L~r+ CAMA Major Permit Application LnxnMnxnceMEZ`rcxouPw~ Beaufort Marina Village Yacht Club Environmental Cvnsulronts Carteret County, NC Existing Parking ~i2oo~ Sheet 6 of 13 ~. __ .__._ LMG LAND MANAGEMEATT GROUP wc. Environmental Consultants CAMA Major Permit Application Beaufort Marina Village Yacht Club Carteret County, NC Existing Dock 7/2007 Sheet 7 of 13 EXISTING BEAUFORT MARINA VILLAGE DOCK VIEW FROM EASTERN SIDE OF PENINSULA, FACING NORTH ~~ > ~: 1 , ~ ; r Q~ G~~ ~ , ~- Gallant , r Paint ~ ' Istalnds ~~~1 r' ~ ~~,Reati~prt-Mftr~-';~ad ' Ir, ~ ~. _ i ~ r ~ ~ Yr - . ' t"' ~;~' ~~,"7f~~' rf,'¢yTr. )~~ ~ Jam. hrt ~ 9~ ~ r`~, YY ~ ~~~~r~" ~ ,. dRQ;k ii~ii _ 111/,,,' 1: J(ikrYt \~t ., ~R ,..r~ ~ t~}j Rl.wl,-^(1!R- ;, ,~~, ~ .,_ ~ / ( T ry~t'it la/ •''~.~'C t,: y'~`~ ' ~ ;:, [x;l('Al. I.hMIYRATf)A\' ~:•. ~ 1 ~~.~ ~_~~ '' 1. . ~> ~ ~. ' .. 1s . / ~. 111 FLj•~~- • M }. , .~ ~ ~. _r ~~r ,,~~ .... Beaufort' :~ r •~uU, ~ ~~, -,~ _,/(•' ~~ t ~•. ,1T ~'~. ~~ ''`yam `~ • N r .l. ~ ~.r~ ~ ~ ~_ o. ~{~o ~ _ 'J°'~. •''':-_ tit ' _ ` s~,~i .` ~ ~ -,c ~ '~ ,1 t~TawrtiMersh ~` -~ '~ u: ~i,. ;~ ~ .. ~~ r ~ ~ i r ~ v . ~`~F - . . 4' ~ :3 ~. i, J t `' `~ t. ' ~ Record # 5 =Eastern Painted Bunting t ' "Boundaries are approximate and are 1500 750 0 1500 not meant to be absolute Map Source: NC Natural Heritage Database SCALE 1" =1500' LMG LAMA Major Permit Application Threatened & Endangered 1.nxnNlaNncLS~Errcxourr„~ Beaufort Marina Village Yacht Club Species Map ~~ fnnvironmental Consultants Carteret County, NC ' 7/2007 Sheet 8 of 13 nnn IY YI ~ ~ O ~ ]~ LV ~ ~ ~ ~ ~v a 3~ 1~ U ~ ~ ../ 1 x E-' O 0.. ~] O f3., w ~d ww ~..7 ~-. Q' r-ti ~--i H w~ N1210N ~113N9bW ~ 5 ~, , Q~Q\Pv ~Q, ~O F _ m O - 1O d- ~+- m N ~~ O U o V J Z O z O Un V Z ~(~,n VvJ W nidor L'~mit Future Ri avian ~ (aPProximate) J J 1 ~~ UN~TE~ FICA H~EL~ W Q _~ X a 5 ~§360 a X338 ~ moo= aW O Z W ~ azZ aw- W j Z ~ ~ ~ X O W ~ ~ F - ~ ~ Z Z W Q ~ = Z Z W ~Wg F- W O F- ZOW W (/1Z oza ~ 4 =~ ~UF- W \ = O ~ ~ ~ D u Z li Q O w a~ w Q Q `z_ Z Z ~ ~ ~.: v ~~ x ~ ~ a ~~ 0 Q~w ~- ~ ~~ Q a ~ a ~ a w ~~~ ~ ~w ~' w ~~ Q. ° 0 oQa^ ~ ~hx~ r~i~ ~w w Q '~' xoz~ w ~ ~ o I~ 0 ~~ ~~o n ~ U Z ~ D] w ~ ~ ~ r ~ J Z O Q U m z ~ Q~ U 2 Q Q = N O O m w U ~ ~ Z ~ C7 w X ¢ ~ j ~ d ~¢UD ~ aoa VQm ~°wcn-=z ~~0~ wOz~Q z~o~ zwo= wc~zm Z m~r=nmw mo~¢ o ~w¢o? rFWCn Z=w -~ ~ z u }D~oOC ~~W~ ~ f A H N~ J Z X~~ ~~o~cwimmn'~~ z z w a . r~ N O M Q V Q~ f 0 ,~ r r~ r^ r rr rr rr rr r^ r r r rr rr r ^r rr ^r r~ --_r Nl?JON ~11.3NJdW a~ zU G ~a ~ N N ~ O ~~/ N °,~° .d ~~ ~ZO ~. ~ ~ ~ ~O~' ~Z~ E-- g O ~ J - ~ ~~~ ~-a x~ ~ _ J 3 " r w X30¢ Z g w V J O .} o in O o ~ N 'I ~ ~--- ( of 0 ~ ~ a c~ U Z Q a ~ U O O m W U D ~ U ~ W Z ~ Z ~ O W Z Q U~~U W c~i~oa~w pQ~= jOZ~Q ZC~O~ ~zw0= wZZm z° m~_~ W m ~~ Q o~WQ~Z }FWU Z=W -~ ~Q-Z j-~~o~ aO~W~ ~~F-N~"JZX~~ oiW'~~V~ma~~ ~~tvOc*iQvQ~cic~ Q z Z ~ . ~ cL w o ~ ~ I= ~`°w o~ Cf~ a m~CJ ~~ U F-- U~ O CU I-- ~~ ~Y Q `~ z z o ~ ~ J ~ 4i ~ ~ W I i ! ~ 0 0 W ' V V J ~-~ L`- I it W Q II } F 1 W O U] W p-' a' ~ w ova U ~a ~ 7z?v~ cazo. caF v w ~~ za x~ F ~~ r w w r ~w w r ~ r w ^^~ r w w r r r r r °RE~IMINARY NOT FOR CONSTRUCTION ~c r ~ m I WATERWARD EXTENT OF V~ ~ COASTAL WETLAND LINE o D I 1 0 No w i rri -~ 0 25 50 100 I APPROXIMATE HWM -5.00 0 w, o KNASjY HARBOR ~ ~ o a o EIP AT (NAVIGABLE) ~ HWM ~~ ~' m Z o ° U_ ~ I I f! 7B'S954~E r~ o o ~ ~ o F- 43 90 Z S ~?' .y V' ?J,~4 ~2'p~. f o 80 T z ° EXISTING FIXED DOCK l A ~ ~ o ~ SIF AT EXTENT ~~2J Ss. F ATIN ~ OF ~O), JT. G ip~ z MAINTAINANCE N,p ~c'F \ ,~ N 88'55'15"E r' ° ~ ~,; S N ~ ~4. '42.22' y' HWM 401 - m ~ p 4 3F ~~ ^ ~. W p .,~0 ~ •L ~ J' ~ ~ ~ ry fn ~ ~ ~. ~ J. W' fp ~ APPROXIMATE S J 74.25'02 6 WM ~ ~ HWM ?4~9J ~~ ~6't tl 46 J~ J- J~ y WOOD ~ 0.502 ACRES Buu<HEAp '` ~ ~' '" HWM Ao SET NAIL (ANALYTICAL GEOMETR'f) AND HwM w ~ 164.0 ~ 3 0 0 Z 1'),D~ "`N ~ m ~_ ~'" 45~ r 65.00 J S ~~ ~6 v2 5 6~0 O J_ ~ 20 55 Z o 3 ~ ~ ASS ~a~. HWM I-- oS\ly. 7757 5g'w 9 T o I"~ o°j O TER BED a ~ o F 40.00 ~^. '7~ LIMI PROVIDED K. ~' _ ~ ET NAIL ~`~' / qp LICANT) gNOD DHWM LKHEAD ~ ~ 4^•001 ~~ ~~ ~ ~ / SET NAIL j ,7 \~sS / (TYPICAL) Q (j,.., w o ~~~~ N .o .~-~~ FIXED DOCK ~ L-- ~ - 4 0" o o ~ 7.00 L ~' "' APPROXIMAT < N 80, HWM CN ~~~N`~ 10. 1 p 54'37"W o a ~~P~~~~~~~g~E~ 28.00 _,D.DD >pl.,~ ~,m. ~,.,d~, ~~~<,aI Nola, BAND MANA4'aE10'lENT CnR®UI' ¢+c BFAUFORT MARINA YANG BY POWEIJL SURVEYING COMPANY, UNLESS 02-06~5g4 g'°' OTHERWISE NOTED. CARTERET COUNTY /~(+~ 2. DEPTH MEASUREMENTS PERFORMED BY APPLICANT ON L-J~_l 10.23,06 DURING LOW TIDE. 3. CENTER LINE OF CHANNEL APPROXIMATED USING GIS D CK DIMEN510N~ ~~~ AERIALS. 4. BOUNDARY BETWEEN CONCRETE AND GRASS A j P057 OFFICE BOx 2522 USING GIS AERIAL 11 I\ WILMINGTON, NC 28402 5. FOR REVIEW ONLY, NOT FOR CONSTRUCTION (9 1 01 45 2-000 1 ..~ _~ ~•a osl. lal~roe I:so I I of ~ w ~ r ~r ~ ~ w ~s ~ ~ ~ ~ ~ . s . r ~ PRELIMINARY NOT FOR CONSTRUCTION T ~l~ I -U ~ ~~t ~~~~t~ = n ~ ~c r ~~ WATERWARD EXTEt~l~OF to ~ COAASTAL WETLAND LINE o ° T \ \. ~ o Boat lifts proposed fors ~\ N ~ 1 -4 and 6-9 m APPROXIMATE HWM o ° ° s KNAST'Y HARBOR ° EIP AT w A ° (NAVIGABLE) ° ~ ° HWM-~~~ ~' a+ ( ° 8 9 N 78'5954 E \ r^ 1~---4.-L ~ Cf \ _ ° ~O 43 90 S ~ \/ -z o ~ SIP AT EXTENT ~ OF u; z MAINTAINANCE A rn o 0 A ~' ~- a rn 2~ Z 0 Q J w NAIL >2.0 ?~, Bq . 2,0~'f SS 2~ o S3' N N ~5 F\ o, ~ '^f A.~ 28 6S S W N p 4 3, f w. m ~. APPROXIMATE S m HWM ?a.92,07'~s.e O.SD2 ACRES (ANALYTICAL GEOMETRY) ~632w 2D 56 EXISTIfJG~IXED N 7Aa 4694 WOOD BULKHEAD AND HWM 1 N 88'55'15"E ` 22' `i' HWM 1 y42 4, . •v J~ L N ~~ ~. ~. W •1~ ~ w ~ w . y ~ .V W, ~ ~ ~~ ~ m Ji .I. •L ~L ~L y' y- y HWM ~ y ~ ~. ~Y ~ 1 1 12 / / /° / 13 J6. "'4~, HWM OS 0.9 85 .W m T e O ~ .~ \ ~ 77.57 55 a ~ z ~ 5 b ,,~ 0 TER BED x a ~^. '7 LIMI PROVIDED ~~' 1 8 ~ c NAIL `ti WOOD BULKHEAD ~ 49.00' ~b AP LICANT) AND HWM ~^ ~ / v ~ ~- SET NAIL n .9~~J, w (TYPICAL) b ~ o .~ ~\ a FIXf_D DOCI. ~ 1 O r_. oM 00 ®° ~'~ AFPROXIMAT O°/ ~ 1 O O ~~,\~~ HWM 1\.i\.'il \v N 80'54'37" O <JNP ° 10.1p' W ° gEPU~OP \GPg~E~ BEAUPORT MARINA 02-06-584 CARTERYT COUNfI' SLIP COUNT LANiD IMANAGEMENT GR®[J2 tNc 8•.. ~~ ~~~ POST OFFICE BOX 2522 WILMfNGTON, NC 28402 (910)452-0001 Generol Noles RVEYING COMPANY, UNLESS OTHERWISE NOTED. 2. DEPTH MEASUREMENTS PERFORMED BY APPLICANT ON 10.23.06 DURING LOW TIDE. 3. CENTER LINE OF CHANNEL APPROXIMATED USING GIS AERIALS. 4. BOUNDARY BETWEEN CONCRETE AND GRASS APPROXIMATED USING GIS AERIAL 5. FOR REVIEW ONLY, NOT FOR CONSTRUCTION - -- 6. MHW RUNS ALONG BULKHEAD H 0C Z U z Q ,~ ClC X~I~ I :50 12 of z 0 F=- U z 0 0 Nl?lON ~113N9dW O Q z w z O U w U U O 0 I N V {(3~ Y~ tgl~ N O ~ i ~ ~a x ~ ~ 1!') ~Q ~ A Z ~~0~ Q Z Q a ~~~ ~ W Q k m~pU .O~ yN. .M hh 1 `~ ~iry~ c~ 17 43 N Zp 14 0 N 0 ~rym ~N o p~~E _~ l ture R~ °r1On °PPr°x~mate) 0Q g W 3 = I Y ~ ~ J ^ 1 \ ~ Z V_ o a 3aN~ z w mow.. Y ~ ~ o ~ N a M U _ _ >d ", ~ U § ~ ~. Y_li~i! 1 G! LrIrJ i rlr_i; Y_IO LUG f L~71 f Ul Fr~a:Land Management Bruip I Lei ice, L~r+i 'I- i ter. I HT045ZODi~ d$Itt]P20D7 13.1'I 1 ~~~ NC ENR North Carolina i]epartment of Environment anal Natural Resoul~es Division of Coastal Managerneltt t~ithaef F. Easieg, G~vernpr .lames H. Grsgsars, Director Auth+o»ized Agerl~ Consent Agreement 1 1 1 1 n 1 711~G.7 ~. WG.~ William G. Ro9s Jr., Sec~y is hereby authorixe~d to act an my behalf (P~irded ~n o in girder fo obtain any CAMA permit(s) required for the property nsted belonr_ The author¢ation is limited to the specific activities described in the attached sketch, LOCATION VF PROJECT: ~! ~~~ PROP1)=RTY OWNER MAILING ADDRESS: ~-d- ~3•x Inc r __ AUTHORISED AGENT MAILING ADf7RESS: i r~ ~~ ~~ ~_ o ~ ~ ~-s~~-~ l~.t NC. PHONE NQ ~ ~' e~"" ~~ "-SO&`~ PHONE N0. r~ ~P~~- - ~X'O ~ i Signature .f Prorerty OwrtEr, . Signature of Atathor¢ed Agent ,p Date: 1~ ^ ~ ~ ~ 127 Cardinal Drive ExL., Wilmingtvo, Norffi Carofina 28465-3845 Phar~e: 91Q79G~72151 FAX: 91Q-39539641 Internet www.rtocaastalrnanagetr~er-tnEt An Epu~l OpporD~mb l Aflamadu'e Adan Fngdajer -5D96 R2Cydad ~ 1 rHL Post C.msumar PaD~ 1 f] 1 1 1 1 Pem~it Class Permit Number NE«' _ 15-94_ STATE OF NORTI-I CAROLI>v`A , Deparurtent of Environment, Health 84 Natural Resource ., ~ ~~~--*s~.,~,~-fit , and r"?•. Coastal Resources Commission t- '" " •i ~~~~~ u 1~ for .,..,.....,.. .................,... X l~Tajor Dcvetopment in art Area of Environmental Concern pursuant to NCGS 113A-118 ~: Excavation and/or ftlling pursuant to NCGS 1 i~-22 Issued to Rodnev_P. ~~: Debra Ti. Hoell ~' O Boz 133 Beaufort, NC_ 2~~1b out?lorizing development in Carteret ___ Count}~ at _~~- -: C'.r~> ~ -, tiff of fivers Islam_ Road. as requested in the perntittee's at:tplicati:).1 dated S/lpi~._.-- inclucli~i~~ _....__ 4ttta:;hei1 ~vc7rlplan drtt~vings de_scrit~ed to Condtttan I~o.:l. "l t +~ pctntit, issued on __FEBRUARY _3_,. 199_ .~-~ 1 suh,:.it to compliance «~it`.1 the application {~4~l~~re cc,rt :_ t ~a:;n tli tlennit}, all apr licablc. reg:il.itiuns, special contlitia..a and noes set forth i~~io~,t. Vin}- viotaiionof thc~~ t~='it~ r{ >.tajs'~t t0 '. tine, i["t)il5onnlCllE t)f i`t~'It aCttOR; t)I' m }' CiitSSL the p~Tlil ti) he I1tf11 anti :'Ol:~. t l _ `I'l~tc prt~iee.l must he carried crut in kcepin~~, with ~ drelGVitt~s_ re~~i~ed planvic~a c[ated 1 l/lti:'9?. site ttiap, bLtlklicad and bier ~tll datoci rccei~~~d 6!11193. ltirttvttiit~u t t 1 f~ I ?) I~xcltvat;c)n is t;citifincci teal shat delineated im tllc: ruviscl ~vc}rklllatt 11aCucl 1 111 Gr'93. ~) Ill c~?rclr-r tt) })rt~tcct jut.~cnile shrittip and I~infish pc>lx;lation, ttcl ~zi:a~~'atit)n t:i:tyr tale pla;:u I)et~~eesr ;1pt~i1 1 and Septem?)cr ~t) ~,vithcntt prit)r ttl~pr~l~,tl ell the I}tvi>i~cl i>f C~`<lastat ~•Iana`.~t'.ntent i'1 consultation ~~'itlt the Divisit?n of 1~"iarinc i~isllerius. ~-') I:~;itrati'ati~?n u~il1 not e ~,:eed six {`i} feet. l~el~)«° tlii elevation c~F r:tLan 10,4' t~~ater {I~'il_.~~'). {See attached sl~ect ft~r :1,dciitiotial t::~ntliticitis} 't'his permit action may he aplkatcd I)~~ t?ic pcrTlliu~c~ or t?tllcr .l.talified ;x;rscxis ~vittlin t~~~enty {2(l day's ~lI the issuirg date. An appeal requires rsiilurcxl prior ttl ~~orr` initiation or contint:an:e, as the cage nlry hc. This I~enr.it mint kk. accessible on-site to I~cp ir~~rcnt personnel ~v11en the project i5 in~p ectcd for conll~lia..,e. .any maintenance work: or project modification not covere.dhereunderrerl±:ires furtlterL7epartmcntal appro~~t:l. %=+it fvt)rk must cease when th;: pentlit expir::s on DzcetTtber 31. 1.997 In issuing this permit,l,`ie State of itiotth Carolina our e~ that your project is consistent ~~~ith the North Carotrna Coastal Management Program. S tYttcci k7}° if:e ,~..tli;} :~~ i) t]t~ Set rotor} o! D~ Et'vR C'hair;nan of the C~~:.t,it I~esourccs Corotllissi.~n. ..~ - ~ •, ~~t~----- Rtlacr ~. 5ch~i;icr, (7.r~_,. J 1~11'i~i{)[i Ot C~oa>t~tl ~tan~?' .~._ .. `i'bis pi'nnit and its c3ndition~ :ire hereby ac;:cpte.ti. Si{,nalllr:. C1f P'rn?...:i 1 ~r Rodney P. & Debra H. Hoell Permit #15-94 Page 2 of 2 ADDITIONAL C0ITDITIONS 5) The temporary placement or double-handling of excavated or fill materials within ~;'aters or vegetated wetlands is n<)t authorized. 6) Na vegetated wetlands will be excavated or filled. 7) All excavated materials will be confined landward of the mean high water (~'SH~~) elevation contour and any vegetated wetlands. 8) The spoil area will be properly Graded and provided a ground sufficient to restrain erosion ~4~ithin thirty (3Cl) working days of project completion. )) i1o spoil ma}= be placed on adjoining properties without prior approval of the landowner ~l.~it}] such approval beint7. forwarded to DGM. Btrlkhcadin~ LU) l~'riar tci cOn5tructi+:)n, the bull+:h~ad alignment will f]e staked by a representative of the N, ~:. I7ivisian of Coastal i~~lana~ement. I l) "1'he fill lnateri~il ~.l'ill be clean and free af~ any pollutants, except ir: trace quantities. Metal pr~)ducts, c.)r~~<lnic. rnatcrials, c)r unsightly debris will n~?t he used. C)l~er:lticrli 1 1 l?~ ~;() Se\t':i<~~, ~~'llCther' ti"Cat'4ti (]1' Ulltrt.ated, 511 (ill be ClisClla[~~~Gd at ~r11' [Itllt: tI'oI11 bOtllS L15lnL' tCl d~.~ckin~~ (~<ICility. An~~ sewt,gc discharge at the docking facility ~h.]ll his considered a violation t?( this l?errl]it for which the permitter is re5ponsihle. ~l~hi~ pr(~hil)iticin sha11 be applied and enforced throughout the entire existence ~:)f the pernlittLd structure. 13) 1\h1S p`~i'nlit a:itlii)Cl'L(i~ Otll\` the docks, p1el'S, at]d 0t11cC S[i"t1CCli['eS <inCl L1SE:S located tI1 Or o~'GI' the water that are expressty and specifically set ford] in the purnzit application. i~ro other structure;;, whettler fl~)atint~ or statianar; , may became a permanent part of ttlis docking facility withot]t perrnlt r1li~dtflC3tiC~I1. \0 Hall-water c(ependent uses of structures may be conducted on, in, ar aver puhlic trust waters u'ithaut porn]it modification. NOTE: "The Division i)f En~~ironnl:nta1 i~t:ina47ement authorised this project v,~ith General Water Qualit~• Certification t\Tc). 2U65. a .. I -~ r ~'a ':= CAMA / '-~~ CSf~EDGE 8~ ~tL.t~ ~ ,,~'`' ~ i : - ~ ~ ~ ~~y ~~~~~~~~ ~~~~~~ ~ ~ - , ~ Prevausp~rinit# x~'New -.~Modificatian I~'~Gomp(ete Reissue ~ (~Partiat Reissue Dateprevious permit-.issued As authorized by the State of North Cara.#ina, Qepartment of Environment and Natural Resources ~ r; ,. 1 ,, and the Coastal Resources Comnzissian in an area of env#ronmental concern pursuant o 15A NCAC -- Rules attached.. ~ ~ 1 i .-~ ~~" i # Appiicarit Name ~'i, Wit.-'-- --~ i ---- _ _._. __ : Pro ect Location: Coun ~:~ - : " ~~, , -- -- # ~ --- - - ,--- ---..._- ` . '~: `~` ' ;'~ ' ~ , . '~ ~- ~~ ~ tl ` r: dressl State Road! Lot #{s) ' `' ` Street Ad ~ . , Address ~ _ ~ _ ' , `1 .\ State ZIF City-- - - - -_-- - _ -- 7"F , j ••' ,fir ~` -- - -- ~ -.-__.- -- - ----- - -- - - Phone # SUbd#vlSlOn - - _~ - - - -- -- - '~ . -~ L ~ ~ _.__- ZlF__ _~ ~ _ f Cit ~ -- - _ _._ --_ Authorized Agent _------ y,. - _ ~cW `;•YEw PTA ;ES PTS Phone# (_~)_ _.- River Basin # -F ' -- Affected _ iH t16A ~.: NIA oEA ~ HHF ! , , , `, t ~ ; ., ?"~ _. __y ` _:. ~ (nat man [unkn) Adj. Wtr. Body AECts). ., t Giosest Mai. Wtr. Body-~--r-- ------- - - -- ORW: yes /;'no PNA ...yes / no,,,,:~ Grit. Masi. yes t .,no Type of Project/ Activity - _ "` 3 ~ r { ~ v' ~~ t ~ .i.,..,. (i :E - ~'±~ ~ 1~ Pier (dock) length~__~___ ___ _ i Platform(s)- - _ - ~ ~ t ~ ti *-~ ` , -~ Finger pier(s) ~4 / ~n __i Groin length _ ~.1 ,~ / °_ ~ - ` number ~ ~ ,~~~'iD ..~~` ~, ` ~ ~ ~ ~ ~. t ,~ g Bu#khead/ Riprsp length- ~ ~ ~ t G \ ~`iM,,.-''~~ _ avg distance offshore ?~ ~ ~ ~ ~ ~ 1 ~ ~ m~a~x distance offshore ~ -~ \ 1 . f-~ ` ~ i _. :- _ - Basin c'fianneN _ - ~- t~ .- -- cubic yards ~ r' --~~~. - , s ~ ~.K: "- - Boat ramp _ -- ~ ~~.. ~ ~- - 2 Boathouse/ Boatlift _ _ ~;, 1,, ~ 1~ . ~ll~`.rz, ~ _~ Beach Bulldozing . j . ~ ~ / ~Z` ,, a- i Ocher - ~ ~ ~t a~ , ~ t ~ Shoreline Length SAV: not sure yes no" ~- j Sandbags: not sure yes nG ~,,,_~_____._--_--"""'~- Moratorium: n/a yes na ~- , -~ S G ~*'~ r i ~ f__ -__-------__ ---__ - ' ~ ~ Photos: yes _: _____~~.._---------- WaivsrAttached: ~_._ -_..~ __:_ _-----~ Y~ -- , A building permit may be required by: _ , - + it ~ See note on back regarding River Basin rules. i i ' iy~;' f~ «- L.S ~'~w i~~ t'"F'~ •i ~-yr~' ~~ R j <1 ~~ 1 1. i t. J{ 'I 'x :6. e:;t Notes/ Special Conditions , # ~ i _ _ _ _ _ _ J ~ Agent orAppGcant Printed Name ,, ~!~ Signature *" Please read compliance statement on backof permit *'r t .. a.:nt:.-s.~..r Fo~rt~ Gheck# Permit Qfficar's Signature t- a -:..: ' ' " - IssuingDate Expiration Date LocakPfanningJur~sdiction RoverFileName Waiver Attached: yes no .-~-- ..-.i__..:._~~_ .__~.,_._--..~___:..___._......__.~....----- A building permit may be required by: ~ ~ ."~ ~" + r`"" ^ See Hate an back regarding River Basin rules. Notes/ Special Conditions _ ,~ ~.., ~ i { Agent ar Appl3cam Printed dame PermK ,. ~ .1 Signatu~a ** Please read compliance statement on back of permit *~` ,; . - -~-L~ ;,, 1~ 1 `-f ~ _ ~~ -. iature _...~~ . ulf'~i-' - Issuing Date i .. ,, _ - ~- Local Planning lurisdidion txp~raa Rnuor Fiio N3ma- -- ~o ~,~ , ~`~~AMA l ~~DREDCE & FELL ~ 1 ~ ~~: .~.~. E ~ ~ ~i~{.. ~ ~ ~ ~ ~T Previous permit #__-._ /r ~ew Modification -:Complete Reissue CPartial Reissue Date'previous permit issued Ps authorized by the State of North Carolina, Department of Environment and Natgrai Resources ;`'~ ~, ~ ~ ~ '~ 1 and the Coastal Resources Commission In an+area of environmental concern pursuant to I ~A NCAC ~ ~Ru~es attached. ~`~ ~ ~-~ `~ +»` ~ ~ ~ Project Location: County ~-}'~f~ ~ ~ ~` `~ __- Applicant Name_ ~ -..____,.... --- ~_ ~ Street Address State Road/ Lot #{s} u Address `.~ ~` ~ ~ f ~/ ~ `t' '` ~ R . ` ~ ., -- " ~ <, F .y ~~', 7" State` ZIP ~' ~~~~ ~C -'~ ~. _- ~ ~' .~ `~~ _ C'ty-_~~,~_ - - -- Phone # ~~ ~ ; i ~:, Fax # { ~ Subdivision = --- ~, ~ ~ ~ ~~ ~` ;ZIP ,~ ~ ~:~ :City f } Authorized Agent -- f`C d, .~ ~ ~' :__--_ - River Basin t~,.'h r ~r ~ ~f~ 1~: W C EW ~" PTA ^PTS Phone # (___-}-_ ~! ,[ _ ~. -..--- Affected ~ OEA _'~ HHF ' IH UBA ~N!/~ ~*: Y'~ll}~ y € ~ ,-' Adj. Wtr. Body ~ ~ ~ ~~ +w ~ n ~ ma ~ unknJ AEC(s): ~ f Closest Maj. Wtr. Body -~- f ~~'` ~' ~" ORW: es /~no, PNA yes Grit. Hab. yes 1 no Y ''°> Type of Project/ Activity ~.1~--` ~ ~`~'~' ~'`j ___._ Pler {dock) length _ _~_ _._-. _ _ - -1-----~ ,.... ~ , n Platform(s) ( ~ , ~, ~ ~ _ , - --_- .. _ - i - ..._ - Fi er ier s ~ t ~ --'--'"~,----..~ ~ ,,~~~,._ -- _ RS P ~ )_ ~ - ___ .. Groin length„ . --- _ _ C ~ __~ _ _. _ ___ - ~~~ - -.__ -_- -r -; - ~ number ,,,..~.,.,,, -..~.____ _~ k, __ _. rt ~ 1 Buikhea Riprap length ~.~ +-' ! I ~ ~' ~ - ~ , r ~ avg~distance offshore ~ ~ ~, ~ ~. ... _ - - ~ .~ ~ + max distance offshore U " ^' ~ '` i -~ ;i Basin, channel _.. -_ - ~- ~. (1I1 ~~ ~ • ~~ ~~ - ~. _ _ ~ - cubic yards q ; , ; t f - j J Boat ramp ,~ Boathouse( Boatlift _ ~ i ~ _ f -- ` __ r i / - a j - ~~t.-. ..~..,,......-- t 1 - I . ._ ~ - ___ _ ;. zing ~ _ ti...`'~ + ~ f Beach Bulldo~ ~~ - - ~ ~ s i _ t ~ -_ - - _ - - _ _ , Other ~ ~ 4 _ __:__._ .r - - - --~ _ ~ _ __` _ l _ i 1 ~ ~ ~ -~- - ~ -- i ~ ~ i .~ ? w,..~. ..~.. ~ ,~ ~~ i ~ , ~ ,. - .. - ~ Shoreline Length ~ +~ L f _ -- ! _ _ 1 ~ I ~l .~ I~ ~ ~{ i ~ _ _ . - ~ ~ h ~` - - - -- -- ~ _m.R , - SAV. not sure ~ yes no + ._ _ ._ ~ .~. _. _ --,- Sagdbags: not sure Yes l ! _~ -- Moratorium: n/a y~ . ~~ _ •-. i`' t _- . Photon. yes z~qt t# 1 ( ~ - - _ "~" . _ ' - - ~ ~. Waiver Attached: yes ue~ - _ _ _~ ~ '~ ` tifc~~f ~i~- ~~~ . 1~/ ~ ~:-__L~ ~:___.. A building permit may be required by: ~ s„~f"°~i°` f "' l ~ ^ See. note on back regarding River Basin. rules. Notes/ Special Conditions ~~+~'!!' r` ~ u ~~ is „~~ G~ i ~ . i c~ .,~' ~ >rd ~-~;/ ~" iy.-}-~ t"~ r~.M^'t~`` - r' _ ~~~-`~~ ~~ ~~Permit er'sSignature Agent orA~pUcapt Printed Name .~ ~ f ~~1.~ ~i Signature *~ Please read compliance statement on back of permit *i` Issuing ate irao Dare ,. _.,~:._.~..» c....~~~ - C:hPCk # Local Planning l riSd+ctiafl Rov~-Pil~e Narne Notes/ Special Conditions r r ~_. Agent or Applicant Printed Name - ~~ Signature `` Pease read compliance statementon back of permit *-* (J1 C~ -~ --_ - Check# Application Fee4s1 Permit ceyyr^^s~~Si Harare )) lssuingDate Fx iration ace Local Planni ng junsdictiosp Ro~eer File 1Vame ~T: ~ ~~ -~ ~c~~n~a f-. ~ ~©~~ ~ ~tCc ~'~ ~ .. ~~ Y ~~.~ ~ ~ ~ ~ ~ Previous permit ~~New -'Madifcatian ' -Complete Reissue Partial Reissue: Date previous permit issyed ~: As authorized 6y the State of North Cara;ina, DepartmenC of Environment and Natural Resources =~~ ~ = "~ f ,.~ ~ and the Coastal Resources Commission in andarea of environmeneai concern,pursuartt~to ISANCA£ ~` ~~ ~'' `'' " `-°~ r, t J ft~iles attacf~6ct. t ~~~ I `~ ( ~ } cif "~ ~~~ Applicant Nar+iE ~~ ~ ~~ ~ ~ ~ _~ ~__-- Project Location: County_.__-~._~1.~"_- - --- -- _ -- __ -- Address c,'~ ~~ r ~ ,`J -~~~' :, ~ . ~ ` -' Street Address/'State Road/ Lot # s fi ~ ~ e Ci z ~t°~ ~ ° ~ t, State ~~ ~ ~1f~ r 1' ~ .~ ~ ~ ~ f" '- ~ ~-- ~ -- ::_ '~ 2 ~ r _ Phor+e # ( ~ ~ ~ ~~`_ ~` t' ~ i ~ # ~~ ~ _-- Subdivision _.. _ ~. _ _ ~ _ Authorized Agent ~-~_ ~ ~ -__ f ~~ ~ ~ ~ _ Cj~'- ~ `~' ` ~ -------- Z!P _~ `. ~ ~=-- Affected - ~~'~' ~ j ts'rA = Es ~ P75 Pfto # - _ }.- --- _ - -River Basin 'F, ~ ~ ~ . _ -' ' , ~~ K -.. -. ©EA -; Hi-!F =1N ~~ USA =' N/A ~ ' ~-~--" ~ `y ~,~ , ~, , ~ , ~, . ! Y _ ~ ~-__~nats Jman Junkn c laws. ~ i=c: .. ~ ~ ~ ~ ,~ oFtVV: es no. PC~A ' es ~^ ~ Closest Ma}. Wtr. Body ~.:-' "=`` ~ -'' ~ `: ----- y '.~ y ~no Crit. Hab. yes 1 no "` TYpe of Project/ Activity .~~~~ i ~ ,~ ~:,~_~; ~ ../ J, ~ 1 ~ ~ ~ ~~' ~ :. i.~ ~ : ~-: ~, .~. '~ ~, ~` Pier (dock} length ~~ Platform(s), ... ~ ;... _ _, :: .. .. .: Finger pier(s) Groinlength - .. _..__; __ _ . _ .__ numher ~ ~_ _ - ~-~ ..__. ._._ _. - - - -- - ---- - --- ' --- -_- -- - _- _~ - --_~.. -- - _ --~_-.-~ i :.._ _ _ - Bulkhead! Riprap length t avgdistance offshore _ - r''"< _ . ._~ 1 mae distance ofifsirore ~~ ~ '' ~ ~ ~~ . ~ t ~„ ~~ Basin, channel - - ----._ .... , _ _ _ . - - - - _ -. - s . . , cubic yards ~ f ~- - --- - - Boat ramp ~' J'-._ . "'' ,( -~ ~ '.:) ~~'~ ~.-~`"~ ,.,_, ~`~ s ~ " _ __. _ --- -- - - - Boathou~e Bo~~Cl~ift _i ~ _ _ _ - Beach Balldozing-_::_ i ~ ~ t - ~ - - - - - '3 - /~~ ~, ~-~ ~ _ Other _ _ _ _ ; --~ ! ~! .• ,_ _ - _ ;. -- _ Shoreline Length ~ ~ ` ~'` I ' SAV: not sure yes ~io - -- -- -~-._ , ~_ . , _ Sandbags; notsure ~ yes _ i _j I Moratorium: nJa yes `na { r :. ,. :Photos:. yes { ~ . _.; _ - -.. _ -, !.. _3 ~ , 1NalverAttached: yes ~nQ -.w.,.-~- ....--.-_.----- ______ _. :_. ._._-__w__~_.__~___-~,~_ A building permit may be required by: "~.'~'' ~~ f ~' ' L; See note an back regarding River Basin rules. ~/ { Notes/ Spetiai Conditions ~, ~ .wr ~ ' ~ 4~,'' ~ ~'~" ~:. ~+~„~' . ,~,,, f~, "~ _ ~ f ~ ,~r ~,. ...._..,.:......_,.,,.~:~ 4gent or A.ppficant Printed Name ~ Perrr(it O icer's Signature Signature "~* Please read comp{lance statement on back of permit "~` " Issuing D F~pi ti n Date ApplicatronFee(s) Cheek.# LrxalPianninQlurisdiction Rev<r.~.uart~..,e ~~~~ ~~l"~ "~ r_ ~- ~ Permit Number Permit Class 47 4f~ --- NEW STATE OF NORTIi CAROLINA Department of Envirorunent and Natural Resources and Coastal Resources Commission ~~~~ for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation andlor filling pursuant to NCGS 113-229 Issued to Rod Hoell ~nacn riarbuur~,P f} Rox 131 l~e~==f^~ ETC' 2886 author~zin~ development in Carteret County at har ' .reek off of Pivers Island Road as requested. in the permittee's application dated ~J18/97 including attached workplan dravvin s 6 all dated 6J4/97 and 1 section for dredain~ dated 2J12/98. This permit, issued on 1s+ - ~ -- ~ ~ , is subject to compliance with the application {where consistent with tl.e permit.), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may ,-., ..,,Y.:~,., ,,, „ +;,,~, ;,,,n,;<<,,,~„~nr nr civil action• or may cause die permit to be null and void. ' I-----_ Excavation 1) Before any excavation may take place, the permittee shall contact the Division of Marine Fisheries far direction regarding the relocation of the shellfish resource. Only after this relocation has been accomplished to the satisfaction. of the Division of Marine Fisheries can excavation begin. 2) Excavation will not exceed 5 feet below the elevation of mean low water (MLW). 3) No vegetated wetlands ti~~ill be excavated ~) Excavation shall terminate a minimum of 10' watenvard from the edge of the marsh. (See attached sheet for Additional Conditions) This pernit_action may be appealed by the permittee or ether qualified persons within twenty (20} days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may be. Tttis permit must be accessible on-site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Departrrtental approval. All work must cease when the permit expires on December 31.244.1 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal 'Management Program. Signed by the authority of the Secretary of DEH'~IR and the Chairman of the Coastal Resources Commission. ';~ Rope N. Schecter, Director Division of Coastal Management This perzrtit and its conditions are hereby accepted. Signature of Permittee Rod HoeIl (Knasty Ilarhour) Permit #47-J8 Page 2 of 3 ADDITIONAL CONDITIONS I 5) The temporary placement or double-handling of excavated or fill materials within waters or vegetated wetlands is not authorized. ~ 6) AlI excavated material will be properly contained above mean high water and landward of any ? wetlands until such time as to be used as bulkhead backfill material. Any excess spoil material will be trucked to a high ground location and contained above mean high water and landward of any wetlands. The site must be approved by the Division of Coastal Management, in coordination with the Groundwater Section of the Division of Water Quality. NOT The project was authorized on March 16, 1998 by the Division of Water Quality under General Water Quality Certification No. 3112. Dock Construction 7) Deleted Section. The 84' section of new dock proposed is hereby deleted. This section of dock would elevate the facility to "marina" status under the Rules of the Coastal Resources Commission and subsequently require prior review under the N. C. Environmental Policy Act. N TE• Prior to any dock construction in the public trust waters of the state, i.e., Shark Creek, an Easement is required from the Council of State through the State Property Office. ~ 8} This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structures, whether floating or stationary, may become a permanent part of this docking facility without permit modification. No non-water dependent uses of structures may be conducted on, in, or over public trust waters without permit modification. 9) No sewage, whether treated or untreated, shall be discharged at any time from boats using the docking facility. Any such discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced. throughout the entire existence of the permitted structure. 10) No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. Use of the permitted activity must not interfere with the public's right to free navigation on all navigable waters of the United States. 11) If the display of lights and signals on the authorized structure is not otherwise prov;ded for by law, such lights and signals as may be prescribed by the U. S. Coast Guard will be installed and maintained by, and at the expense of, the permittee. Rod Hoell (Knasty Harbour} Permit #47-98 Page 3 of 3 12} It is possible that the authorized structure may be damaged by wavewash from passing vessels. The issuance f this permit does not relieve the permittee from taking all proper steps to ensure the integrity of the permitted structure and the safety of moored boats. The pernuttee will not hold the United States liable for any such damage. 13) The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he ' abandons the permitted activity without having the permit transferred to a third party. Bulkhead 14) The breaches of the bulkhead will be repaired, a wing wall constructed on the west end, and the entire structure lined with filter cloth to any backfilling of the structure. As well, all ' unacceptable debris, such as tires and shingles, shall be removed before any backfilling activity. NOTE: The perrnittee is advised that he should consult with the United States Coast Guard concerning complying with the attached list of United States Coast Guard Regulations. For more information, contact the U.S.C.G. at 910/ ' ~ $15-4895, extension 10$. Permit Class ' 1VIQDtF'ICATIONlMINOR Issued to Permit Numbar 47-98 STATE OF NQRTH CAROLINA Department of Environment and Natural Resources ~Mp~~~~~~~t. u (~ and ~_ Coastal Resources Commission r ~L L'~ X for - Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 ~ Excavation and/or filling.ptusuant to NCGS l I3-229 Rod Hoell (Knasty Harbour} P.O. Box 131., Beaufort, NC 2886 authorizing development in Carteret County at Shark's Creek, off of Pivers Island Road as requested in the permitxee's application- letter dated 8/12/99 & the attached dredge plan dated received. 8/?4/99. This permit, issued an ~ ©~-S'~~1' , is subject to compliance with the application (where consistent with. die permits, ail applicable regulations, special conditions and notes set forth below. Any violation of these terms may lie sul?ject to a fine, imprisonment or civil action; or may cause the permit to be null and void. 1) This minor modification authorizes the one time use of hydraulic dredging in accordance with the attached dredging plan. 2) The disposal area effluent ~{gill be contained by pipe, trough, or similar device to a point at or beyond the mean low water level to prevent gully erosion and unnecessary siltation. ~} All excavated ~~~aterials will be canlined above mean high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. (See Attached Sheet for Additional Conditions} This permitaction may be appealed by the pennittee or other qualif ed persons within twenty (20} days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may be. This permit must be accessible on-site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunderrequires furtherDepartmentaI approval. All work must cease when the ermit expires on December 31, 20(}pi In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed bythe authority afThe Secretary of DENR and the Chairman of the Coastal Resources Commission. `~ onna D.Moffitt,Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee ." ' ~o.~ :: , Rod ?FIaeil (Knasty I-Iarbour} _ Permit #47-98 Page. 2 of 2 ,~ :.... `: ADDITIONAL Ct}NDITIONS , ~ , : . I , 4) -` Tlie terminal end of the pipeline will be positioned at or greater than 54 feet from any part of the dike ' and. a maximum distance from spillways to allow settlement of suspended sediments. _,_ 5} A water control structure will be installed at the intake end of the effluentpipe to assure compliance t with water quality standards. 6) The diked disposal area will be constructed a sufficient distance from the mean high water level or ' any marsh to eliminate the possibility of dike erosion into surrounding wetlands or waters. 7) 'The spoil area will be properly graded and provided a ground cover sufficient to,xestrain erosion ' within 3Q working days of project corripletion. 8} This minor modification mast be attached to the original afPermit No. 47-98, which was issued on r 4/3/9$, and all documents must be readily available on site when a Division representative inspects the proj ect for compliance. AlI conditions and stipulations of the active permit remain in force under this modification unless altered herein. ` G 1 ~~~ Lryd tae, uq ~f~~ a~# North Carolina Department of Cultural Resources State Historic Preservation Office Peter B. Sandbeck, Administrator Michael F. Easley, Governor Lisbeth C. Evans, Secretary Jeffrey J. Crow, Deputy Secretary November 16, 2006 Ashley Futral Land Management Group, Inc. P.O. Box 2522 Wilmington, i~1C 28402 Office of Archives and History Division of Historical Resources David Brook, Director Re: Project Review, Condominiums, Pivers Island, Near Beaufort, Carteret County, ER 06-2761 Dear Ms. Futral: Thank you for your email letter of October 18, 2006. We have reviewed our site -files for the above project and offer the following comments. The project area is located adjacent to the causeway leading to Pivers Island. No archaeological sites are noted within this area on site file maps at the Office of State Archaeology (OSA). This location is considered a low probability area for the presence of significant archaeological sites. An archaeological survey will not be recommended in the event we review any permit applications related to this project. This site is, however, highly visible from the Beaufort Historic District, a property listed in the National Register of Historic Places and locally designated. Any plan for the proposed condominiums and associated facilities should be reviewed by us to determine their effect on the historic district. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory ' Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment; please contact Renee Gledhill-Earley, environmental review coordinator, at 919-733-4763, ext. 246. In all future communication concerning this project, please cite the above-referenced tracking number. Sincerely, ~,~.1~ ter Sandbeck cc: Doug Huggett, DCM Linda Dark, Beaufort HPC Location Mailing Address Telephone/Fax ADMINISTRATION 507 N. Blount Street, Raleigh NC 4617 Mail Service Centet, Raleigh NC 27699-4617 (919)73314763/733-8653 RESTORATION 515 N. Blount Street, Raleigh NC 4617 Mail Service Center, Raleigh NC 27699-4617 (919)733-6547/715-4801 SURVEY & PLANNING 515 N. Blount Street, Raleigh, NC 4617 Mail Service Center, Raleigh NC 27699-4617 (919)733-6545/715-4801 Return to Taylor & Taylor PA ~ 1 - I ~e a ~ Y ~tc~r-~tN cAnour~A, c~aTEa~-r cour~rY This instrument antis i`~~sret?ifk•^s a;P :~ut~ file) $f the bate anC t+rrae ~n:~ i:: tr:~~.:-.~ ~;s..,i ~'ayc ~t~own 6n tkre tirsi page i,errrei. ~~ w , •gistar of Dae4a i''{L~.dl'17.E' ~1Ttt ,~s6F' C~~~ERFT CL7UNiY hIA Aa{:e 03I27Ic t~0(j 7i.nie 14:32:Ot? GR il~ai23 !='aqe i of 5~, DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS BEAUFORT MARINA VILLAGE YACHT CLUB, INC. THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS is made this 19th day of January, 2046 by BEAUFORT MARINA VILLAGE YACHT CLUB, INC., a North Carolina non-profit corporation, (hereinafter referred to as "Declarant"); BB&T COLLATERAL SERVICE CORPORATION, Trustee; BRANCH BANKING AND TRUST COMPANY, a North Carolina banking corporation; and, ALL PROSPECTIVE PURCHASERS OR OWNERS of Memberships described herein and any other real property which may be subsequently subjected to this Declaration. STATEMENT OF PURPOSE Declarant is the owner of certain property in Carteret County, North Carolina, which is more particularly described on Exhibit A attached hereto and incorporated by reference. Such property is also depicted on a map held by the Declarant, which may be later recorded in the Register of Deeds office of Carteret County, North Carolina, said map being incorporated herein by reference. Declarant desires to create on this property a marina and other improvements that may be permitted thereon which may include, but not be limited to, a club and accessory buildings to be used far storage, togetherwith any other portions of the property which may be acquired by Declarant, to be named BEAUFORT MARINA VILLAGE. _ ~~ < ~~~~~ ~-~'~ Declarant desires to insure the attractiveness of Beaufort Marina Village and to 1 1 c. prevent any future impairment thereof, to prevent nuisances, to preserve, protect and enhance the values and amenities of ail properties within Beaufort Marina Village and to provide for the maintenance and upkeep of all Common Areas in Beaufort Marina Village. To this end the Declarant desires to subject the real property described herein, together with such additions as may hereafter be made thereto, to the covenants, conditions, restrictions, easements, charges and liens hereinafter set forth, each and all of which is and are for the benefit of said property and each owner or member thereof. Declarant further desires to create an organization to which will be delegated and assigned the powers of owning, maintaining and administering the Common Area and facilities in Beaufort Marina Village, administering and enforcing the covenants and restrictions contained herein, and collecting and disbursing the assessments and charges hereinafter created in order to efficiently preserve, protect and enhance the values and amenities in Beaufort Marina Village, to insure the Members' enjoyment ofi the specifiic rights, privileges and easements in the Common Area, and to provide for the maintenance and upkeep of the Common Area. To that end the Declarant has or will cause to be incorporated under North Carolina law, BEAUFORT MARINA VILLAGE YACHT CLUB, INC., as anon-profit corporation for the purpose of exercising and performing the aforesaid functions. NOW, THEREFORE, Declarant, by this Declaration of Covenants, Conditions and Restrictions, does declare that all of the property described herein, and such additions thereto as may be hereafter made pursuant to Article Il hereof, is and shall be held, transferred, sold, conveyed, and occupied subject to the covenants, conditions, restric#ions, easements, charges and liens set forth in this Declaration which shall run with the real property and be binding on ail parties owning any right, title or interest in said real property or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. ARTICLE i DEFtNITIQNS 1. "Association" shall mean and referto BEAUFORT MARINA VILLAGE YACHT CLUB, INC., a North Carolina non-profit corporation, its successors and assigns. 2. "Common Area" shall mean all real property (including the improvements thereto) owned by the Association for the common use and enjoyment of the Members of the Association. The Common Area to be owned by the Association will include but not be limited to the Marina Facility and accessory buildings to be used for storage (if any), clubhouse (if any), private streets and roads, parking areas, and other areas as may be marked on the Map. 3. "Declarant" shall mean and referto Rodney P. Hoell, Deborah H. Hoell and/or Beaufort Marina Village, LLC and also shall mean and refer to any person, firm or corporation that shall also be designated as a "Declarant" by Rodney P. Hoell, Deborah H. Hoell or Beaufort Marina Village, LLC., or which shall be a successor or assign of any of them. 4. "Development" shall mean and referto Beaufort Marina Village with marina and other improvements as shown on the Map and may include future development of Boat Slips or other permitted uses, and/or other properties annexed hereto. 5. "Map" shall mean and refer to the map of the existing property as depicted on that map held by the Declarant and as may be recorded in the Register of Deeds office in Carteret County, North Carolina, and the maps of any additions to the existing property which may be recorded by Declarant in the Register of Deeds office in Carteret County, North Carolina. Said Map may show the phases of development of the project and any amendments, changes, or modifications to the project as may be amended by the Declarant from time to time. 6. "Marina" or "Marina Facility" shall mean and refer to that certain facili#y, including all pilings, piers, docks, bulkheads, and appurtenances thereto, for the docking of boats and crafts, located or to be located in the navigable waters of Knasty Harbor immediately adjacent to that upland area comprising the existing property as shown on the Map. 7. "Boat Slip" shall mean and refer to a Wet Boat Slip, identifying a designated boat space above the water adjacent to Knasty Harbor for the docking of a boat or craft. Such a "Boat Slip" shall be a portion of the Marina Facility, shall be uniquely identified by number or other such designation, and shall be shown on a map to be recorded hereafter by the Declarant. 8. "Member" shall mean and refer to every person ar entity holding membership in the Association. Each Member, including the Charter Member, will be entitled to the exclusive use and enjoyment of fine wet boat slip as identified on a membership certificate and far such other rights as hereinafter set forth. Members, including the Charter Member, may have and own more than one membership. 9. "Properties" shall mean and refer to the existing property as of the date of this Declaration, described in Article I I, Section 1 hereof, and such additions thereto and further development as may hereafter 6e made subject to this Declaration and brought within the jurisdiction of the Association. 10. "Phase One" shall be the "Existing Property" and project as shown on the Map which will consist of boat slips and appurtenant docks, bulkheads, and parking area. "Phase Two" will be the area Eater added to this Declaration by amendment of this document and by recording of a new Map designating the "Phase Two" area with additional slips and docks which may or may not be constructed at a later date. There may be additional boat slips and/or docks built within "Phase Two'' as approved by CAMA. There is no limitation as to the number of slips designated at this time, but it may reach the maximum amount as allowed by CAMA. 11. "Charter Member" shall mean and referta Rodney P. Hoell, Deborah H. Hoel! and/or Beaufort Marina Village, LLC, a North Carolina limited liability corporation or successor. 12. "Developer" shall mean Rodney P. Hoell, Deborah H. Hoell and/or Beaufort Marina Village, LLC. 13. "Board" or "Board of Directors" shall mean the Board of Directors of Beaufort Marina Viliage Yacht Club, Inc. ARTICLE II PROPERTY SUBJECT TO THIS DECLARAT{ON AND WITHIN THE JURISDICTION OF BEAUFORT MARINA VILLAGE YACHT CLUB, INC. Section 1. Existing Property. The real property which is and shall be held, transferred, sold, conveyed and occupied subject to this Declaration, and within the jurisdiction of the Association is located in Carteret County, North Carolina, and is more particularly described on the Map. Declarant shall not modify or recombine boat slips in such a fashion as shall reduce the total number of boat slips to less than eight (8). Section 2, Additions to Existing Property. {A) Additional (and that is contiguous with or wi#hin one (1) mile of the Existing Property or any land previously added to the Existing Property may be brought within the scheme of this Declaration and 5 the jurisdiction of the Association by Declarant, in future stages of development, provided that such additions are made within twenty {20) years of the filing of this instrument. {B) The additions authorized under subsection (A) above shah be made by filing Supplementary Declarations of Covenants, Conditions and Restrictions or an Amendment of this original with respect to the additional properties in the Register of Deeds office in Carteret County, North Carolina which shall extend the scheme of this Declaration and the jurisdiction of the Association to such properties and thereby subject such additions to the benefrts, agreements, restrictions and obligations set forth herein, including, but not limited to, assessments as herein determined. Provided, however, that the Declarant specifically reserves the right to amend or modify any portion or portions of these covenants, conditions, and restrictions as the same may be made applicable to such additional properties. ARTICLE I11 DISCLOSURES AND DISCLAIMERS BY DECLARANT Section 1. Status of Marina Facility. The Marina Facility is located upon navigable waters and exists solely in accordance with the terms of such permits as have been issued, and remain in effect, by agencies of the United States of America and the State of North Carolina. AI( rights in and to said Marina Facility and ail improvements related thereto are subject to the terms and conditions of such permits, compliance with such terms and conditions, and the continued existence, effectiveness, and renewal {if required) of such permits. In accordance with State regulations and permits, the Marina Facility is a "closed-head", "non live-aboard" marina as defined by LAMA. Each Member, by acceptance of membership, acknowledges these disclosures by Declarant and agrees to accept membership subject thereto. 6 ARTICLE IV 1 MEMBERS AND RIGHTS OF MEMBERSHIP Section 1. Classes of Membership. There shall be two (2) classes of Members and Memberships, Charter and Class A, and that membership will be the personal property of the Member. The various rights and characteristics of said classes of membership shall be as set forth below in this Article. Declarant reserves the right to create any additional classes of memberships as it deems appropriate. Section 2. Charter Membership. In consideration for the establishment of the Development and the creation of the proposed facilities, the Association shall issue and assign to the Charter Member the Charter Membership rights in each and every membership in the Association. Said Charter Membership shall be freely transferable by Charter Member to another person, partnership, association, corporation, or other entity, and such membership shall immediately cease to be a Charter Membership upon transfer to another such person, partnership, association, corporation, or other entity and shall automatically convert to a Class A Membership, as shown on the certificates. Further, the ' Charter Membership shall have the right, at its sole option, to convert any Charter Membership to a Glass A Membership or any other class at any time upon notice to the Association. ' Section 3. Class A Membership. Each Class A Membership shall entitle such Member to the exclusive use and enjoyment of one (1) particular Wet Boat Slip as identified on the membership certificate. Each Class A Member shall have the exclusive right, subject to the provisions hereof and the provisions of the Bylaws and Rules and Regulations issued pursuant hereto, to occupy, possess, and lawfully use that particular wet boat slip identified on such membership certificate. Each Class A Member shall also have those common area rights and voting rights set forth below in this Article. t Each Glass A Membership participant agrees and acknowledges that the Developer will have the right to create additional classes of membership as it, in its sole discretion, may determine, so long as such new membership class(es) will not in any way impact Class A Member's use of their designated boat slip and the docks serving said boat slips. Section 4. Common Area Rights. Each Member shall have a nonexclusive right and easement of enjoyment in and to the Common Areas subject to the right of the Association: 1. To assign particular Class A Members the right to the exclusive use and enjoyment of Boat Slips in the Marina Facility; 2. To limit the number of guests of Members; 3. To, in accordance with its Articles and Bylaws, borrow money for the purpose of improving the properties, common area and facilities; 4. To suspend all rights of any Member for any period during which an assessment against such Member remains unpaid or, for a period not to exceed sixty (60) days, for an infraction of i#s published Rules and Regulations; and to license or otherwise lawfully use all rights of any such Member during any such period of suspension; 5. If in the sale discretion of the Board of Directors or the Board's agent (such as a Dackmaster appointed by the same) a determination shall be made that circumstances warrant i#, to order temporary evacuation of the boat slips to prevent damage to the Common Areas and vessels located within the boat slips due to impending storm or other such circumstances where there is a reasonable risk that such damages may occur; and ~. To dedicate or transfer al! or any part of the Common Area to any public agency, authority or utility for such purpose, subject to such conditions as may be agreed to by the Members. No such dedication or transfer shah be effective unless approved by the consent of the membership based upon an affirmative vote of two-thirds (2/3} of the total votes eligible to be cast. Section 5. Voting Rights. Except as specifically provided in the Bylaws of the s 1 Association, the voting rights of the Members at any meeting of Members shall be as follows: 1. Each Charter Membership shah have one (1) vote; and 2. Each Class A Membership shall have one (1) vote. Section 6. Transfer of Membership Any and all Charter Memberships may be transferred, assigned, pledged or leased by Declarant without limitation and wi#hout the requirement of any prior approval. As to all other classes of membership, there shall be no transfer, assignment, pledge or lease of any membership or any interest therein without the prior approval of the Board of Directors of the Association following such procedures as maybe prescribed by the Bylaws, except that any Member may assign, pledge, or grant a security interest in his or her membership or any interest therein without the Board's prior consent, provided (a) the assignee, pledgee or secured party is a financial institution, the deposits of which are insured by the Federal Deposit Insurance Gorparation, or {b) the purpose of the assignment, pledge, or security interest is to secure a loan to finance all or a portion of the purchase price of such membership. ARTICLE V PROPERTY RfGHTS Section 1. Ownership of Common Areas Declarant shat(convey the Common Areas to the Association. Notwithstanding the conveyance and/or recordation of any Map or any other action by Declarant or the Association, all Common Areas {including the Common Area streets, parking lot, and roads) shall remain private property and shall not be considered as dedicated to the use and enjoyment of the public. Section 2. Delegation of Use. Any Member may delegate, in accordance with the Bylaws of the Association, his right of enjoyment to the Common Area and facilities to the Members of his family, his guests, his tenants, or contract purchasers. ARTICLE VI COVENANT FOR ASSESSMENTS Section 1. Creation of the Lien and Persona! Obligation of Assessments A. Each owner of each membership, except ail Charter Memberships, agrees to pay the Association: 1. regular assessments; 2. special assessments; 3. assessments far violations of this Declaration, the Bylaws or Rules and Regulations; and 4. assessments far repairs of damage caused by fault, such assessments to be fixed, established and collected from time to time as hereinafter provided. t i i 1 A11 such assessments, together with such interest thereon and costs of collection thereof, as hereinafter provided, shall be a charge on the offending Members and shall be a continuing lien upon the membership against which each such assessment is made. Each such assessment, tagetherwith such interest, costs and reasonable attorney's fees, shall also be the persona! obligation of the person who was the owner of such membership at the time the assessment became due. Personal obligations far delinquent assessments shall not pass to successors in title unless the same is expressly assumed by such successor. B. DUE TO THE EXPENDITURE OF FUNDS FOR THE COSTS OF DEVELOPMENT AND OPERATIONS, THE CHARTER MEMBER SHALL BE EXEMPT FROM ALL ASSESSMENTS UNTIL JANUARY 1, 2007. BEGINNING ON JANUARY 1, 2007; THE CHARTER MEMBER WILL PAY la t 1 1 ASSESSMENTS ONLY ON THOSE CHARTER MEMBERSHIPS THAT ARE RENTED TO THIRD PARTIES, IF ANY. SUCH ASSESSMENTS ON RENTED CHARTER MEMBERSHIPS SHALL BE PAYABLE ONLY DURING THE TERM OF ANY SUGH RENTAL, TO BE PRORATED BASED UPON THE BEGINNING AND ENDING DATES OF SUCH TERM. Section 2. Assignment of Assessments Class A Members will have the responsibility for the operating expenses of the Marina, maintaining and insuring the docks, piers, pilings, bulkhead, electrical, plumbing, common areas, storage units, and those amenities associated with the same, and paying the ad valorem taxes. thereon. Assessments shall be allocated in accordance with the square footage within each slip, and is originally established in accordance with the following schedule: ORIGINALLY ALLOCATED ASSESSMENTS Unit/Slip Number Square Footage Portion of Common Expenses Allocated to Each Sli~_ Sli 1 800 12.50% Slip 2 $00 12.50% Slip 3 800 _ 12.50% Slip 4 800 12.50°l0 Slip 5 $00 12.50% Sli 6 800 12.50% Slip 7 $00 12.50% Slip 8 800 12.50% This original allocation of assessments, and all future allocations, is based upon a percentage found by the square foo#age within a slip as the numerator and the total square footage within all constructed slips as the denominator. Byway of example, if a member has a 800-square-foot boat slip and the total square footage of all boat slips in the Marina is 6,400, then that member would pay 12.5 % of the total assessment, that is 800/ 6,400 = i~ 012.5 which is rounded to next hi hest 100`h of a ercenta e o' 9 p g p mt since over .005). If and ' when new slips are constructed an the property, each new slip and al! previously constructed slips (as identified above) will be assessed with a portion of the Common Expenses in propartian (percentage °1°) with that slip's square footage as compared to the 1 total square footage in all constructed sli s. P Section 3. Purpose of Assessments The assessments levied b the Associate y on will be used: A. to maintain all private roads constructed within the Common Areas to the standard of maintenance which would be required by Carteret Count before Y it would accept such roads for maintenance, provided that this provision does j not require that the width of the raad rights-of--way be the width required as set forth before such roads would be accepted by Carteret County or any other governmental unit for maintenance; B. to maintain the Marina Facility and all pilings, piers, bulkheads, decking and j appurtenances thereto; C. to keep all amenities in the Comrnan Areas, including drainage easements, if any, free of pollution and debris, to keep the Common Areas free of debris and in a clean condition, and to maintain ale amenities in an orderly condition, and to maintain the landscaping therein in accordance with the highest standards for a private residential community including any necessary removal and replacement of landscaping; d. to provide such security services as may be deemed reasonably necessary for the protection of the Common Areas from theft, vandalism, fire and damage from animals or otherwise; E. to provide garbage removal services for the Marina Facility; F to pay all ad valorem taxes levied against the Common Areas and any property owned by the Association; G. to pay the premiums on all hazard insurance carried by the Association on lz the Common Areas and other r p operty owned by the Association, and all public liability insurance carried by the Association pursuant to the Bylaws; H. to enforce these Covenants and the Rules and Regulations of the Association; I. to pay a(I legal, accounting and other professional fees incurred by the Association in carrying out its duties as set forth herein or in the Bylaws; and J. to accumulate and subsequently maintain a contingency reserve equal to twenty percent (20%) of the sum of the amounts described in subsections (A) through {I) above in order to fund unanticipated expenses of the Association. Section 4. Determination of Regular Assessments A. The Board shall determine the amount of regular assessments against Members as specified in the Bylaws. Regular assessments against Members shall be determined, imposed, levied and collected bythe Board or its agent. t B. The Board is specifically empowered on behalf of the Association to make and collect regular assessments and to replace, maintain and repair all property of the corporation including the private roads, parking lots, clubhouse {if any), bulkheads, docks, piers, pilings, and any other facilities. Assessments shall be payable periodically as determined by the Board, but no more frequently than monthly. Section 5. Special Assessments. In addition to the regular assessments authorized above, the Board may levy in any fiscal year, a special assessment or assessments applicable to that year only, for the purpose of defraying, in whole or in part, the cast of any construction or reconstruction, unexpected repair or replacement of capital improvements upon any of the Common Area and the necessary ar convenient fixtures and personal property related thereto, or for defraying the expenses of operation, maintenance and/or renovation not adequately funded by regular assessments. Except as 13 specified herein al( special assessments shall be determined, imposed, levied and collected in the manner prescribed in the Bylaws, provided that, if such special assessment exceeds ONE THOUSAND DOLLARS ($1,000.00) per membership in any fiscal year for any membership, such assessment shall have the approval of a majority of the votes eligible to be cast at a meeting duly constituted for this purpose, written notice of which shall have been sent to all Members not less than ten (10) days nor more than sixty (60) days in advance of the meeting setting forth the time, date, place and purpose of the meeting. Section 8. Assessment for Violations. For the violation by a Member or his guest of any rule ar regulation adopted by the Board or the breach of any Bylaw, or the breach of any provision of this Declaration, the Board shall have the power and authority to impose a special assessment against any Member not to exceed FIVE HUNDRED DOLLARS 0500.00) for each occurrence or the maximum amount allowed bylaw, whichever is less. Section 7. Date of Commencement of Annual Assessment Due Dates The 1 regular assessments provided for herein shad commence as to each membership on the first day of the month following its acquisition from the Declarant (Charter Member) by some other person, partnership, association, corporation or other entity. No assessment shall be levied or charged against any Charter Membership, except as provided in Article VI, Section 1(B) herein above. The Board of Directors shall fix the amount of the regular assessment against each membership at least thirty (30) days in advance of each fiscal year. Written notice of the regular assessment shat! be sent to the Member(s) owning each membership. The due dates shall be established by the Board of Directors. The ' Association shall, upon demand at any reasonable time, furnish a certificate in writing signed by an officer of the Association setting forth whether the assessments against a specified membership have been paid. A reasonable charge may be made by the Board €or issuance of these certificates. Such certificate shall be conclusive evidence of payment of any assessment herein stated to have been paid. 14 1 1 Section 8. Assessments far Reparrs of Damage Caused by Fault If a Member, his assignee or licensee, or one of his guests damages or destroys, by his or her fault, as determined by the Board, any of the property of the Association, including but not limited to the private roads, clubhouse, landscaping, bulkheads, piers, docks and other facilities, the Association shall repair the damage or replace the destroyed property as soon as ' practicable and shall levy an individual assessment upon the owner(s) of that membership for the full cost of repair or replacement. Section 9. Effect of Non a ment of - p y Assessments Remedies of the Association Any assessments or any portions thereof that are not paid when due shall be delinquent. If the assessment or any portion thereof is not paid within thirty {30) days after the due date, the same shall become a lien on such membership and bear interest from the date of delinquency at the rate of eighteen percent (18%) per annum or the maximum amount allowed by law, whichever is less. No Member may waive or otherwise escape liability for the assessments provided for herein by non use or abandonment of his membership. Section 10. Creation of Lien. Recognizing that proper operation and many ement g of the Common Areas and other property of the Association requires the continuing payment of costs and expenses thereof, and that such proper operation and maintenance result in benefit to all of the owners of memberships, and that the payment of such common expenses represented by the assessments levied and collected by the Board is necessary in order to preserve and protect the property of the owners of memberships, the Association is hereby granted a lien upon each membership, excepting all Charter Memberships, which Tien shad secure and does secure the monies due for all assessments now or hereafter levied against the owner of each membership which lien shall also secure interest, if any, which may be due on the amaunt of any delinquent assessments owing to the Association, and which lien shall also secure all costs and expenses, including reasonable attorneys' fees (to the extent allowed by North Carolina law), which may be incurred by the Association in securing the payment of such assessment or enforcing this lien upon the membership. Thaugh not a condominium unit, the lien granted to the 15 t ' Associati on may be foreclosed ~n the manner provided by North Carolina General Statutes Section 47A-22 as may be amended from time to time, and in any suit for the foreclosure of that lien, the Association shall be entitled to the appointment of a receiver for that membership. The lien granted to the Association shat( further secure such advances for taxes, and payments on account of superior mortgages, liens, or encumbrances which may 1 be required to be advanced by the Association in order to preserve and protect its lien, and the Association shall further be entitled to interest at the rate prescribed above on any such advances made for such purposes. All persons, firms, ar corporations who shall acquire, by whatever means, any interest in the ownership of any membership, or who may be given or acquire a mortgage, lien, or other encumbrance thereon, are hereby placed on notice of the lien rights granted to the Association, and shall acquire such interest in any membership expressly subject to such lien rights. Section 11. Claim of Lien and Foreclosure The lien herein gran#ed unto the Association shai! be enforceable from and after the time of recording a claim of lien in the public records of Carteret County, North Catalina, which claim shall state the description of the membership encumbered thereby, the name of the record owner, the amount due and the date when due. The claim of lien shall be recordable any time after default and the lien shall continue in effect until all sums secured by that lien as herein provided shall have been fully paid. Such claims of lien shall include only assessments which are due and payable when the claim of lien is recorded, plus interest, costs, attorneys' fees, advances to pay taxes and prior encumbrances and interest thereon, all as above provided. Such claims of lien, shall be signed and verified by an officer or agent of the Association. Upon full payment of all sums secured by such claim of lien, the same shall be satisfied of ' record. The Association shall be authorized to foreclose on such lien or claim of lien in any manner allowed bylaw. The lien provided for herein shall be subordinate to the lien of any first mortgage or pledge, and any person, firm or corporation acquiring title to any membership by virtue of any foreclosure, transfer in lieu of foreclosure ar judicial sale, shall ' be liable and obligated only for assessments as shall accrue and become due and payable thereafter. After satisfaction of the lawful claims of such first mortgagee/pledge, the net ' 16 proceeds from any foreclosure sale or rivate sale shall ' p first be applied to the payment of a!I lien claims of the Association, and the balance of such sale proceeds shall then be delivered to the owner{s) of the membership which was subjected to the foreclosure or private sale in lieu of foreclosure. In the even# of the acquisition of a membership by foreclosure, transfer in lieu of foreclosure or judicial sale, any assessment or assessments ' as to which the party so acquiring the membership shall not be liable, shah be absorbed, and paid by all owners of all memberships as a part of the common expenses, although nothing herein contained shall be construed as releasing the party liable for such delinquent assessment from payment thereof or the enforcement of collection of such ' payment by means other than foreclosure. ' Section ~2. Lien Not Exclusive Remedy. Whenever any membership may be licensed, sold or mortgaged by the owner thereof, the Association, upon written request of the Members}shall furnish to the proposed licensee, purchaseror mortgagor, a statement ' verifying the status or payment of any assessment which shall be due and payable to the Association by such membership. Such statement shall be signed by any officer of the Association and any licensee, purchaser, or mortgagee may rely upon such statement in concluding the proposed license, purchase, or mortgage transaction; and the Association shall be bound by such statement. In any voluntary conveyance of a membership, the purchaser thereof shall be jointly and severally liable with the seller for all unpaid obligations against seller made prior to the time of such voluntary conveyance, without prejudice to the rights of the purchaser to recover from seller the amounts paid by purchaser thereof. Institution of a suit at law to attempt to effect collection of the payment of any delinquent assessment, attorneys' fees, interest and costs shall nat be deemed to be an election by the Association which shall prevent it from thereafter seeking, by foreclosure action, enforcement of the collection of any sums remaining owing to it, nar shall proceeding by foreclosure to attempt such collection be deemed to be an election precluding the institution of a suit at law to collect any sums then remaining awing to the Association. ~~ ' ARTICLE Vtl COMMON AREAS AND COMMON EASEMENTS Section 1. Use of Gammon Area. The Common Area shall not be used in any ' manner except as shall be approved or specifically permitted by the Association. Subject to the provisions of the Articles of incorporation and this Declaration, the Board of Directors of the Association shall have the power to formulate, publish and enforce reasonable rules and regulations concerning the use and enjoyment of all the property of the Association, including private roads, clubhouse {if any), Marina Facility, and parking lot and associated areas and any other facilities which may be constructed and conveyed by Declarant to the Association. Each Member shat! have an equal right of access and use of all easements and Common Areas subject to the control of the Board as above described. Section 2. Quiet Enjoyment. No obnoxious or offensive activity shall be carried on in or upon the property of the Association, nor shall anything be done which may be or i may become a public or private nuisance as determined by the laws of North Carolina. Section 3. Maintenance of Common Areas The Association shall provide maintenance of all of its properties including private roads, clubhouse (if any}, Marina Facility, bulkheads, parking lot and areas, as wel! as maintenance dredging of the submerged lands of the Marina Facility. The cost of such maintenance shall be added to and become a part of the total annual assessment as specified herein and in the Bylaws. Section 4. Easement Affecting Common Areas All of the property of the Association shall be subject to such easements for driveways, walkways, parking areas, water lines, sanitary sewers, storm drainage facilities, footings, air conditioning compressors (if any), gas lines, telephone, cablevision and electric power lines and other public utilities as are upon the property of the Association; and the Association shall have the power and authority to grant and establish upon, over and under and across all of its ~$ properties as described such further easements as are appropriate for the convenient maintenance, repair, use and enjoyment of such properties. ARTICLE VIII INSURANCE Section 1. Association and Common Areas. The Board of Directors on behalf of the Association, as an operational expense, shall at al! times keep it and its property reasonably insured against loss or damage by fire, wind, hail, flood, storm or other hazards normally insured against, and other such risks, including public liability insurance, upon such terms and for such amounts as may be reasonably necessary from time to time to protect the interests of the Association, which insurance proceeds shall be payable in case of loss to the corporation. The Board of Directors of the Association shall have the sole authority to deal with the insurer in the settlement of claims. Such insurance shall be obtained without prejudice to the right of each Member to insure his personal property for his awn benefit at his own expense. In no event shall the insurance coverage obtained by the Association be brought into contribution with insurance purchased by Members of their pledgees or mortgagees. Section 2. Boats and Grafts. All boats and crafts docked in any boat slip of the Marina Facility shat! be covered by liability insurance providing, a# a minimum, $150,000.00 single limit coverage. Proof of such insurance shall be provided by the Member to the Association or such agent, property manager, or dock master as it shall appoint. ARTICLE IX SALES, MORTGAGES, PLEDGES, AND LICENSES Section 1. Sale of Membership. !n the event that any Member, excluding a Charter Member, desires to sell or transfer his membership, he shall evidence such transfer by executing the transfer provision on the reverse side of his membership ]9 certificate and sha(I deliver the same to the Board of Directors of the Association, ' requesting issuance of a new certificate to the buyer. Transfer of the membership is subject to the right of first refusal by the Declarant and the Board of Directors as described in the Bylaws of the Corporation. Any transfer or sale of any membership by any Member shall be subject to aII the terms, covenants, limitations and provisions of this Declaration, ' as well as the Bylaws and Rules and Regulations issued pursuant hereto. Declarant's right of first refusal as described herein shall continue until such time as Declarant shall file a writing with the Carteret County Register of Deeds releasing such rights}. Section 2. License of Membership No Member shall license his membership rights without express prior approval of the Board of Directors, but such approval shall not be unreasonably withheld. The Board of Directors shall adopt a procedure for applica#ion far the approval of licenses. Section 3. Transfer Voidable. Any sale, transfer, conveyance or license of an Y membership without complying with the provisions of this Article is voidable at the election of the Association, through its Board of Directors. Section 4. Pledging of Membership Any and all Charter Memberships may be assigned ar pledged by Declarant without limitation and without the requirement of any prior approval. As to all other classes of membership, there shall be no assignment or pledge of any membership or any interest therein without the prior approval of the Board of Directors following such procedures as may be prescribed by the Bylaws or otherwise provided for by the Board of Directors, except that any Member may assign, pledge or grant a security interest in his or her membership or in any interest therein without the Board's prior written consent, provided (a) the assignee, pledgee or secured party is a j financial institution, the deposits of which are insured by the Federal Deposit Insurance Corporation, or (b~ the purpose of the assignment, pledge or security interest is to secure a loan to finance all or a portion of the purchase price of such membership. The Association shall maintain a record of ail assignments, pledges, and security interests of which it is 20 notified. Section 5. Binding Nature; Endorsement of Membership Certificates The provisions of this article shall be binding upon and inure to the benefit of aU of the Members of the Association, their respective heirs, administrators, successors and assigns; and, as further evidence of the binding nature of these provisions, each certificate of membership, excepting certificates for all Charter Memberships, shat! be endorsed as follows: "Any sales, transfer, pledge, mortgage or lease of this certificate must be done in compliance with the provisions of the Declaration and Bylaws of Beaufort Marina Village Yacht Club, Inc." ARTICLE X GENERAL PROVISIC}NS Section 1. Governance and Control of Association. The Association shall be governed by a Board of Directors in accordance with the provisions of the Bylaws. Notwithstanding any other provisions of this Declaration or the Bylaws, the Declarant shall have the right and power to appoint and to remove all Members of the Board of Directors and all officers of the Association until such time as the first of the following events occurs: (A) Declarant no longer owns any membership in the Association; and {B) Declarant expressly surrenders said right and power by written instrument fully executed by Declarant and recorded in the Carteret County Registry. Section 2. Assignment of Development Rights. If the Declarant shah lease, transfer, or assign the Property or the development of such property, or if he/she/it shall be succeeded by another in the development of such Property, then such transferee, assignee, or successor shall be vested with the several rights, powers, privileges or authorities given said Declarant by any part of any paragraph hereof. The foregoing 27. 1 provisions of this paragraph shall be automatic, but the Declarant may execute such instrument as it shall desire to evidence the vesting of the several rights, powers, privileges, and authorities in such transferee, assignee or successor. In the event the Declarant contemplates or is in the process of dissolution, merger or consolidation, the Declarant may transfer and assign to such person, firm or corporation as it shall select any and all rights, powers, privileges and authorities given the Declarant by any part or paragraph hereof, whether ar not the Declarant shall also transfer or assign the development of such Property or be succeeded in the Development of such Property. In the event that at any time hereafter there shal(be no person, firm or corporation entitled to exercise the rights, powers, privileges and authorities given said Declarant under the provisions hereof, such rights, powers, privileges and authorities shall be vested in and exercised by a Committee to be elected or appointed by the Board of Directors. In such event, the Committee shall then have the same rights, powers, privileges and authorities as are given to the Declarant by any part or paragraph hereof. Nothing herein shall be construed as conferring any rights, powers, privileges, and authorities in said Committee except in the event aforesaid. Section 3. Enforcement. In the event of any violation or attempted violation of any of the restrictions, conditions, covenants, reservations, and provisions hereof, then the Declarant, the Association, and/or any Member shall have the right to enforce the same by maintaining or prosecuting proceedings at law far the recovery of damages and/ar proceedings in equity for the purpose of preventing such violation. The remedies set forth herein shad be construed as cumulative of all other remedies now or hereafter provided by law. Failure to enforce any covenant or restriction contained herein shall in no event be deemed a waiver of the right to do so thereafter. Section 4. Severabi(ity. Invalidation of any one of these covenants or restrictions by judgment or court order shall in noway affect any other provisions, which shall remain in full force and effect. 22 Section 5. Rules and Regulations Rules and Regulations governing the use and appearance of the Common Area, conduct of Members and guests, and use and care of the Marina Facility may be made by the Board of Directors and thereafter amended in accordance with the Bylaws. Section 6. Duration and Binding Effect The covenants, conditions and restrictions of this Declaration shall run with the {and, shall be binding insofar as the law permits, and shall be enforceable for a term of twenty (20} years from the date this Declaration is recorded, after which time such covenants shall be autamaticatly extended for successive periods of ten (14} years each. Section 7. Amendment. This Declaration may be amended in either of the fallowing two (2) ways: (A} By the Declarant, so long as the Declarant still owns or holds any Charter Membership, by a written instrument executed by Declarant and recorded in the Carteret County Registry; or (B} By the Association upon an affirmative vote of not less than sixty-six and two- thirds percent (66 2/3%) of the votes eligible to be cast, any such amendment to be evidenced by a written instrument retarded in the Carteret Gounty Registry, provided, however, the Declaration may not be amended to cause Charter Memberships to be assessed and that any amendment bythe Association, to be effective, shat! require the written consent of the Declarant so Fong as the Declarant owns or holds any membership of any kind. Section 8. Effective Date. This Declaration shall become effective upon its recording in the Carteret County Registry. 1N WITNESS WHEREOF, Rodney P. Haell, Deborah H. Hoell and Beaufort Marina 23 Village, LLC, the Declarant, has caused this instrument to be executed the day and year first above written. BEAUFORT MARINA VILLAGE YACHT CLUB, INC. Rodney P. Hoell -Incorporator BEAUFQRT MARINA VILLAGE, LLC 1 1 1 1 fl 1 ,~ gy: - -_~~ Rodney P. oell, Manager :~ .. ~_1 . ~.._ ;: _ .- y~ , :~ _- ___ l Rodney P."Hoeft - Declaran` . - _~. ~~~- _.. _ t t. B '- Deborah H. Noel! -Declarant 24 1 1 STATE OF NORTH CAROLINA COUNTY OF CARTERET I, a Notary Public of the County and State aforesaid do hereby certify that Rodney P. Hoell, Declarant as described in the above document, and as the incorporator of Beaufort Marina Viilage Yacht Club, Inc., a newly formed North Carolina non-profit corporation, persona#ly appeared before me this date and acknowledged the due execution of the foregoing instrument in his own name as Declarant and as the incorporator of Beaufort Marina Village Yacht C#ub, Inc. on behalf of that corporation and as the act of the corporation. W#TNESS my hand and Notaria# Seal, this the ~ay of January, 2006. r~I~f=~f__,/ My Commission Expires: STATE OF NORTH CAROLI COUNTY OF CARTERET I, a Notary Public of the Gounty and State aforesaid do hereby certify that Deborah H. Hoel#, Declarant as described in the above document, personally appeared before me this date and acknowledged the du.e execution of the foregoing instrument in her own name as Declarant. W#TNESS my ~'' ~~ A~q '~~ = Y, .~ - A ~. ~'~rFRFt Gflu~ Seal, this the ~~` day of January, 2006. ~/1'T-~ir_/ Notary Pub#ic My Commission Expires: ~7°.~~ -~ 7S STATE OF NORTH CAROLINA COUNTY OF CARTERET 1, a Notary Public of the County and State aforesaid do hereby certify that Rod Hoel(, MemberlManager of Beaufort Marina Village, LLC., a North Carolina limited liability company, personally appeared before me this date and acknowledged the due execution of the foregoing instrument in its name and as the act of the company referred to in this acknowledgment. ~~~ WITNESS my hand and Notarial Seal, this the ~~ day of January, 2006. My Commission Expires `~-- .~f1.. ~%l~ . -- pUg~~V:~~,. der cQ'~"~ 26 CONSENT OF LIENHOLDER Branch Banking and Trust Company joins in the execution of this Declaration to consent #o the terms of the same and subordinate the lien of the Deeds of Trust to BB&T Collateral Service Corporation, Trustee, for Branch Banking and Trust Company to this Declaration, said Deeds of Trust being recorded in Book 1084, Page 305 and Book 1110, Page 226 in the office of the Register of Deeds of Carteret County. IN TESTIMONY WHEREOF, Trustee and Branch Banking and Trust Company have caused this Declaration to be executed in such farm as to be legal and binding. BB&T C By: RAL SERVICE CORPORATION ,~ BRANCH BAI~K~ING AND TRUST COMPANY ~~ ~`~ i 1 ~ t _ t =.; , 1 a .~ C. , ...,.2, STATE OF NORTH AROLINA COUNTY OFC ,~-~- I, ~ 6~ ` - C_-t-;.~.ti-.5~ , a Notary Public in and for said County and State, do h reby certify that ~_ -~,_.. personally came before me this day and acknowledged that _he is '~; c~ President of BB&T Collateral Service Corporation, a corporation, and that _he, as ~f t1, ~ President being authorized to do so, executed the foregoing on behalf of the corporation. WETNESS my hand and official seal, this the Z~.~day of u~ _, 2006. >F Notary Public My Commission Expires: - SEAL - z~ 1 STATE OF NORTH CAROLINA COUNTY OF `~--j ~~~-~ (, ~~' ~,,~.~-,4 } ~. <'.~.~-b~-~ a Notary Public in and for said County and State, do hereby certify that t'1'1 A,- [~ ~-r.~~~~~-- personally ' came before me this day and acknowledged that _he is ^~I ~. ~- President of Branch Banking and Trust Company, a corporatian, and that _he, as ~f. ~~ ~-~-- President being authorized to do so, executed the foregoing on behalf of the corporation. ' W TNESS rn hand and official seal this the ~~da of ~ru I y Y 2006. Notary Public Ivry Commission Expires: -SEAL - zs Exhibit A ' Property Description ' Beginning at a paint located by measuring from a point in the centerline of the Pivers Island Road (S. R. 1208) which is located N 3° 22' 10" W 172.75 feet from the intersection of the centerline with the North edge of the Pivers Island Bridge; and running thence to the point of beginning N 784 59' S4" E 29.28 feet; thence for a first call running S 44 53' 36" E 160.14 feet; thence S 834 37' 35" E 16.19 feet; thence N 41° 00' 40" E 40,01 feet; thence N 874 47' 10" E 34.87 feet; thence N 774 47 '35" E 51.12 feet; thence N 674 33' 05" E 130.77 feet; thence N 20° 58' S5° W 43.69 feet; thence N 864 17' 15" W 42.30 feet; thence S 54 00' 35" W 25.20 feet; thence S 674 40' 35" W 27.66 feet; thence S 78° 12' 30" W 29.89 feet; thence N 72° 39' 10" W 55.57 feet; thence N 314 S4' 40° W 46.59 feet; thence S 884 38' 45" W 28.05 feet; ' thence N 404 52' 40" W 22.39 feet; thence with the high water mark of Knasty harbor to a paint which is the beginning point of Tract I above and is the following two courses and ds.stances from the termination of the immediately preceding call, to wit, S 78° 59' S4" W 26.90 feet and N 74 47' 14" W 237.15 feet; and thence S 74 47' 14" E 237.15 feet to the point of beginning, containing 20,144 square feet, more or less. Also included herein are all riparian and littoral rights and all land 1 waterward of any boundary described herein. Excepted is the right-of- way of S, R. 120$ (Pivers Island Road) , This property is the same property conveyed to Dudley Seafood Company, Inc., by deed from S. Gen ' McClung dated May 11, 1987, Book 577, Page 362, Carteret County Registry. '1 ~