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SW8190814_HISTORICAL FILE_20190912
STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SWJ. �jl TQJ I q DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS VQ HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE oiolq l71 I a YYYYM M D D ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director September 12, 2019 NORTH CAROLINA Environmental QaaGty Moores -Smith Marine Enterprises, LLC Attn: Stephanie Smith, Manager 1501 Sensation Weigh Beaufort, NC 28516 Subject: State Stormwater Management Permit No. SW8 190814 Beaufort Marine Center Low Density Project Carteret County Dear Ms. Smith: The Wilmington Regional Office received a complete State Stormwater Management Permit Application for the subject project on September 12, 2019. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000 effective September 1, 1995 and as amended on January 1, 2017. We are forwarding Permit No. SW8 190814 dated September 12, 2019, for the construction, operation and maintenance of the stormwater control measures (SCMs), built -upon areas, as well as the stormwater collection system and/or vegetated conveyance system associated with the subject project. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein, and does not supersede any other agency permit that may be required. Please pay special attention to the permit conditions regarding the limitation of built -upon area, modification of the project, the operation and maintenance of the vegetated conveyance system, and the procedures for changing ownership of and/or transferring the permit. Please also pay attention to the permit conditions that requires the recordation of deed restrictions and protective covenants, easements, and the maintenance agreement, which must all be provided along with certification upon completion of the project. Failure to comply with these requirements will result in future compliance problems. During the review of this application as well as the master permit, SW8 980926, it was discovered that this site, Lot l t B, had been previously permitted under SW8 010810. The documentation provided with this application demonstrated that the permittee, Jim Flynt, is deceased and that his estate transferred the property to Moores -Smith Marine Enterprises, LLC in deed book 1431, page 271 recorded with the Carteret County Register of Deeds. Additionally, a review of the NC Secretary of State (SOS) found the LLCs associated with this permit, Core Creek Marine, LLC and Mill Creek Marine, LLC, were administratively dissolved by the NCSOS in 2014 and 2012, respectively. Based on this documentation and the fact that Moores -Smith Marine Enterprises, LLC submitted an application for this site, the previously issued SW8 010810 will be rescinded in a separate letter. if any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing by filing a written petition with the Office of Administrative Hearings (OAH). The written petition must conform to Chapter i SOB of the North Carolina General Statutes and must be filed with the OAH within thirty (30) days of receipt of this permit. You should contact the OAH with all questions regarding the fling fee (if a filing fee is required) and/or the details of the filing process at 6714 Mail Service Center, Raleigh, NC 27699-6714, or via telephone at 919-431-3000, or visit their website at www.NCOAH.com. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact Christine Hall in the Wilmington Regional Office, at (910) 796-7215. Since ly, 'S. Daniel Smith, Director Division of Energy, Mineral and Land Resources 14 North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources Wilmington Regional office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 riorrtr cnarn w.a � 910,796,7215 State Stormwater Permit No. SW8 190814 Page 2 of 2 Enclosures: Attachment A —Certification Forms Application Documents GDSlcanh: I11StormwaterlPermits & Projects120191190814 LD12019 09 permit 190814 cc: Bruce Marek, PE Town of Beaufort Building Inspections Division of Coastal Management Wilmington Regional Office Stormwater File State Stormwater Management Permit No. SW8 190814 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL AND LAND RESOURCES STATE STORMWATER MANAGEMENT PERMIT LOW DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Moores -Smith Marine Enterprises, LLC Beaufort Marine Center 1501 Sensation Weigh (Lot 11 B), Beaufort, Carteret County FOR THE construction, operation and maintenance of built -upon area within Lot 11 B of the previously approved 25% low density commercial subdivision, Jarrett Bay Marine Industrial Park (aka Whitewater Subdivision) permitted under SW8 980926 and in compliance with the provisions of Title 15A NCAC 2H .1000 effective September 1, 1995 and as amended on January 1, 2017 (the "stormwater rules") and the approved stormwater management plans, application, supplement(s), specifications, and other supporting data (the "approved plans and specifications") as attached and/or on file with and approved by the Division of Energy, Mineral and Land Resources (the "Division" or "DEMLR") and considered an enforceable part of this permit. This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS Permit Number SW8 980926 limits Lot 11 B to a maximum built -upon area (BUA) of 2 acres or 87,120 square feet. This permit covers the construction of a total of 87,120 square feet of BUA, which includes 86,930 square feet of proposed BUA and 190 square feet of future BUA allocation. 2. This permit is effective only with respect to the management of stormwater described in the approved plans and specifications. 3. Where a project or lot is located within CAMA's Area of Environmental Concern (AEC), the Division of Coastal Management (DCM) may calculate a different maximum built -upon area based on CAMA regulations. The more restrictive BUA limit of DCM or DEMLR will apply to the project. 4. A 30-foot wide vegetative buffer must be provided and maintained adjacent to all surface waters, measured horizontally from the normal pool elevation of impounded structures, from the top of bank of each side of streams or rivers, and from the mean high waterline of tidal waters, perpendicular to the shoreline in accordance with the stormwater rules and the approved plans and specifications. All stormwater runoff, including roof drains, shall be released as dispersed flow no closer than at the edge of the vegetated buffer. At no time shall stormwater runoff be piped into or through the buffer. BUA may not be added to the vegetated buffer except as shown on the approved plans. Page 1 of 5 State Stormwater Management Permit No. SW8 190814 5. The only runoff conveyance systems allowed will be vegetated conveyances such as swales with minimum side slopes of 3:1 (H:V) as defined in the stormwater rules and approved by the Division. Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with the permitted development, except for average driveway crossings, is strictly prohibited by any persons. 6. No piping shall be allowed except those minimum amounts necessary to direct stormwater runoff beneath a BUA such as a road or driveway when it cannot be avoided. The project is proposing 12,600 square feet of #57 stone laid at least four inches thick over a geotextile fabric as a pervious surface for additional boat storage. The underlying soil should not be mechanically compacted prior to installation. If, in the future, this area is found to no longer meet the #57 stone requirements, a permit modification will be required. II. SCHEDULE OF COMPLIANCE The project shall be constructed, operated and maintained in accordance with the conditions of this permit and the approved plans and specifications. 2. Vegetated areas and vegetated conveyances shall be entirely constructed, vegetated, and operational prior to the construction of any development, per the approved plans and specifications. 3. During construction, erosion shall be kept to a minimum and any eroded areas of the on -site stormwater system will be repaired immediately. 4. All vegetated conveyance systems, stormwater collection systems, and/or maintenance accesses must be located in public rights -of -way, dedicated common areas that extend to the nearest public right-of-way, and/or permanent recorded easements that extend to the nearest public right-of-way for the purpose of inspection, operation, maintenance, and repair. 5. The permittee shall at all times provide the operation and maintenance necessary to operate the permitted stormwater management systems at optimum efficiency to include: a. Inspections b. Sediment removal. c. Mowing, and re -vegetating of the side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans and specifications. 6. Records of maintenance activities must be kept and made available upon request to authorized personnel of the Division. The records will indicate the date, activity, name of person performing the work and what actions were taken. Page 2 of 5 State Stormwater Management Permit No. SW8 190814 7. The maximum built -upon area limit for Lot 11 (the combination of Lots 11A and 11 B) is referenced in the Deed Restrictions and Protective Covenants recorded on January 20, 1999 in Deed Book 845 on Page 741 of the Carteret County Register of Deeds office, amended in Deed Book 845 on Page 743, and further amended on August 4, 1999 in Deed Book 863 on Page 485. Prior to the subdivision and/or sale of Lot 11 B. in whole or in part, the following deed restrictions must be recorded with the Office of the Register of Deeds: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Numbers SW8 190814 and SW8 980926, as issued by the Division under NCAC 2H.1000. b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. c. These covenants are to run with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the Division. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division. f. Lots within CAMA's Area of Environmental Concern may the permitted maximum built - upon area reduced due to CAMA jurisdiction within the AEC. g. The maximum built -upon area allocated to this lot is 87,120 square feet. This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area has the same meaning as G.S. 143-214.7, as amended. h. Construction of additional impervious areas such that low density requirements are no longer met must be submitted to the Division and a permit modification must be issued prior to construction. An engineered system will be required to collect and treat the runoff from all built -upon area associated with the project, including that area permitted under the low density option. i. Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with this development, except for average driveway crossings, is strictly prohibited by any persons. j. A minimum 30' wide vegetated buffer area shall be provided between surface waters and all impervious surfaces. k. All roof drains shall be released as dispersed flow no closer than at the edge of the 30-foot vegetated buffer. At no time shall stormwater runoff be.piped into or through the buffer. a. Any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the requirements of the Stormwater Rules is subject to enforcement procedures as set forth in NCGS 143, Article 21. 8. A copy of the recorded restrictions must be received in this Office within 30 days of the date of sale. 9. The permittee is responsible for verifying that the proposed built -upon area for the entire project does not exceed the maximum allowed by this permit. 10. Upon completion of the project, the permittee shall determine whether or not the project is in compliance with the permitted plans and take the necessary following actions: a. if the permittee determines that the project is in compliance with the permitted plans, then within 45 days of completion, the permittee shall submit to the Division one hard copy and one electronic copy of the following: i. The completed and signed Designer's Certification provided in Attachment A noting any deviations from the approved plans and specifications. Deviations may require approval from the Division, ii. A copy of the recorded maintenance agreement', iii. Unless already provided, a copy of the recorded deed restrictions and protective covenants; and iv. A copy of the recorded plat delineating the public rights -of -way, dedicated common areas and/or permanent recorded easements, when applicable. b. if the permittee determines that the project is not in compliance with the permitted plans, the permittee shall submit an application to modify the permit within 30 days of completion of the project or provide a plan of action, with a timeline, to bring the site into compliance. Page 3 of 5 State Stormwater Management Permit No. SW8 190814 11. No person or entity, including the permittee, shall alter any component shown in the approved plans and specifications. Prior to the construction of any modification to the approved plans, the permittee shall submit to the Director, and shall have received approval for modified plans, specifications, and calculations including, but not limited to, those listed below. For changes to the project or SCM that impact the certifications, a new or updated certification(s), as applicable, will be required and a copy must be submitted to the appropriate DEQ regional office upon completion of the modification. a. Any modification to the approved plans and specifications, regardless of size including the stormwater control measures, built -upon area, details, etc. b. Redesign or addition to the approved amount of built -upon area. c. Further development, subdivision, acquisition, lease or sale of any, all or part of the project area as reported in the approved plans and specifications. d. Altering, modifying, removing, relocating, redirecting, regrading or resizing of any component of the approved stormwater control measure, stormwater collection system and/or vegetative conveyance system shown on the approved plan. e. The construction of any allocated future BUA. f, The construction of any permeable pavement, #57 stone area, public trails, or landscaping material to be considered a permeable surface that were not included in the approved plans and specifications, g. Other modifications as determined by the Director. 12. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of modified plans and certification in writing to the Director that the changes have been made. 13. Prior to transfer of the permit, a file review and site inspection will be conducted by Division personnel to ensure the permit conditions have been met and that the project and the on -site stormwater system complies with the permit conditions. Any items not in compliance must be repaired, replaced restored, or resolved prior to the transfer. Records of maintenance activities performed to date may be requested. III. GENERAL CONDITIONS 1. Any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the requirements of the stormwater rules is subject to enforcement procedures as set forth in NCGS 143 Article 21. 2. The issuance of this permit does not preclude the permittee from complying with and obtaining any other permits or approvals that are required for this development to take place, as required by any statutes, rules, regulations, or ordinances, which may be imposed by any other Local, State or Federal government agency having jurisdiction. Any activities undertaken at this site that cause a water quality violation or undertaken prior to receipt of the necessary permits or approvals to do so are considered violations of NCGS 143-215.1, and subject to enforcement procedures pursuant to NCGS 143-215.6. 3. In the event that the project fails to meet the requirements of a low density project, the permittee shall take immediate corrective actions. This includes actions required by this Division and the stormwater rules such as the construction of an additional or replacement vegetated conveyance system and/or stormwater control measures. These additional or replacement measures shall receive a permit from the Division prior to construction. Page 4 of 5 State Stormwater Management Permit No. SW8 190814 4. Permit Transfer: This permit is not transferable to any person or entity except after notice to and approval by the Director. The permittee shall submit a completed and signed "Permit Transfer Application Form" (available on the Division website) accompanied by the required fee and supporting documentation as listed on the form, to the Division at least 60 days prior to any one or more of the following events: a. The sale or conveyance of the project area in whole or in part, except in the case of an individual lot sale that is made subject to the recorded deed restrictions and protective covenants; b. Dissolution of the partnership, corporate, or LLC entity, subject to NCGS 55-14-05 or NCGS 57D-6-07 and 08; c. Bankruptcy; d. Foreclosure, subject to the requirements of Session Law 2013-121; 5. Current Permittee Name or Address Changes: The permittee shall submit a completed "Permit Information Update Application Form" (available on the Division website) to the Division within 30 days to making any one or more of the following changes: a. A name change of the current permittee; b. A name change of the project; c. A mailing address change of the permittee; 6. The permittee is responsible for compliance with all terms and conditions of this permit until the Division approves the transfer request. Neither the sale of the project, in whole or in part, nor the conveyance of common area to a third party constitutes an approved transfer of the permit. 7. The permittee grants Division Staff permission to enter the property during normal business hours to inspect all components of the permitted project. 8. The permit issued shall continue in force and effect until the permittee files a request with the Division for a permit modification, transfer, or rescission; however, these actions do not stay any permit conditions. 9. Approved plans, application documents, supplements, calculations, operation and maintenance agreement, and specifications for this project are incorporated by reference and are enforceable parts of the permit. A copy of this permit, application, supplements, operation and maintenance agreement, and approved plans and specifications shall be maintained on file by the permittee. 10. Unless specified elsewhere, permanent seeding requirements for the on -site stormwater system must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 11. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit for cause as allowed by the laws, rules, and regulations contained in Title 15A NCAC 2H.1000 and NCGS 143-215.1 et.al. Permit issued this the 121 day of September 2019. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Ae_k� 24_�� r aniel Sm' , Director Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Permit Number SW8 190814 Page 5 of 5 State Stormwater Management Permit No. SW8 190814 Attachment A Certification Forms The following blank Designer Certification forms are included and specific for this project: • As -Built Permittee Certification • As -Built Designer's Certification General MDC • As -Built Designer's Certification for Low Density Projects A separate certification is required for each SCM. These blank certification forms may be copied and used, as needed, for each SCM and/or as a partial certification to address a section or phase of the project. Page 1 of 1 State Stormwater Management Permit No. SW8 190814 AS -BUILT PERMITTEE CERTIFICATION I hereby state that 1 am the current permittee for the project named above, and I certify by my signature below, that the project meets the below listed Final Submittal Requirements found in NCAC 02H.1042(4) and the terms, conditions and provisions listed in the permit documents, plans and specifications on file with or provided to the Division. eCheck here if this is a partial certification. Section/phase/SCM 9? Check here if this is part of a Fast Track As -built Package Submittal. Printed Name Signature , a Notary Public in the State of County of , do hereby certify that personally appeared before me this day of , 20 and acknowledge the due execution of this as -built certification. (SEAL) Witness my hand and official seal My commission expires Permittee's Certification NCAC .1042(4) Completed / Provided NIA A." DEED;. RESTRICTIONS tBUA RECORDS, 1. The deed restrictions and protective covenants have been recorded and contain the necessary language to ensure that the project is maintained consistent with the stormwater regulations and with the permit conditions. Y or N 2. A copy of the recorded deed restrictions and protective covenants has been provided to the Division. Y or N 3. Records which track the BUA on each lot are being kept. (See Note 1) Y or N B. 'MAINTENANCE ACCESS 1. The SCMs are accessible for inspection, maintenance and repair. Y or N 2. The access is a minimum of 10 feet wide. Y or N 3. The access extends to the nearest public right-of-way. Y or N C. EASEMENTS 1. The SCMs and the components of the runoff collection 1 conveyance system are located in recorded drainage easements. y or N 2. A copy of the recorded plat(s) is provided. Y or N D. SINGLE FAMILY RESIDENTIAL LOTS - Plats for residential lots that have an SCM include the _following: Y or N 1. The specific location ofthe SCM on the lot. Y or N 2. A typical detail for the SCM. Y or N 3. A note that the SCM is required to meet stormwater regulations and that the lot owner is subject to enforcement action as set forth in NCGS 143 Article 21 if the SCM is removed, relocated or altered without prior approval. Y or N E. OPERATION AND MAINTENANCE AGREEMENT Y or N I. The O&M Agreement is referenced on the final recorded plat. Y or N 2. The O&M Agreement is recorded with the Register of Deeds and appears in the chain of title. y or N F. OPERATION AND. MAINTENANCE PLAN-- maintenance records:are l eiri �ke" t to a known set location for each SCM and,are`available�for review. y or N G. 'DESIGNER'SCERTIFICATION FORM' has:been-piuvidd&to:.the Division. y or N Note I- Acceptable records include ARC approvals, as -built surveys, and county tax records. Page 1 of 7 State Stormwater Management Permit No. SW8 190814 Provide an explanation for every requirement that was not met, and for every "N/A" below. Attach additional sheets as needed. Page 2 of 7 State Stormwater Management Permit No. SW8 190814 AS -BUILT DESIGNER'S CERTIFICATION GENERAL MDC I hereby state that I am a licensed professional and I certify by my signature and seal below, that I have observed the construction of the project named above to the best of my abilities with all due care and diligence, and that the project meets the below listed General MDC found in NCAC 02H.1050 in accordance with the permit documents, plans and specifications on file with or provided to the Division, except as noted on the "AS - BUILT" drawings, such that the intent of the stormwater rules and statutes has been preserved. Check here if this is a partial certification. Section/phase/SCM 9? Check here if this is a part of a Fast -Track As -Built Package Submittal per .1044(3), Check here if the designer did not observe the construction, but is certifying the project. Check here if pictures of the SCM are provided. Printed Name NC Registration Number SEAL: Signature Date Consultant's Mailing Address: City/State/ZIP Phone Number Consultant's Email address: (D Circle N if the as -built value differs from the Plan. If N is circled, provide an explanation on Page 2. ON/E = not evaluated (provide explanation on page 2) OO N/A = not applicable to this SCM or project. Consultant's Certification NCAC .1003((3) & General MDC .1050 OO As -built ONIE ON/A A.. TREATMENT REQUIREMENTS l . The SCM achieves runoff treatment. Y or N 2. The SCM achieves runoff volume match. Y or N 3. Runoff from offsite areas and/or existing BUA is bypassed. Y or N 4. Runoff from offsite areas and/or existing BUA is directed into Y or N the permitted SCM and is accounted for at the full build -out potential. 5. The project controls runoff through an offsite permitted SCM Y or N that meets the requirements of the MDC. b. The net area of new BUA increase for an existing project has Y or N been accounted for at the appropriate design storm level. 7. The SCM(s) meets all the specific minimum design criteria. Y or N B. VEGETATED SETBACKS / BUFFERS / BUA 1. The width of the vegetated setback/buffer has been measured Y or N from the normal pool of impounded waters, the MHW line of tidal waters, or the top of bank of each side of rivers or streams. 2. The vegetated setback/buffer is maintained in grass or other Y or N vegetation. 3. BUA that meets the requirements of NCGS 143-214.7 (b2)(2) Y or N is located in the setback/buffer. 4. BUA that does not meet the requirements of NCGS 143-214.7 Y or N (b2)(2) is located within the setback/buffer and is limited to: a. Publicly funded linear projects (road, greenway sidewalk) b. Water -dependent structures c. Minimal footprint uses -(utility poles, signs, security lighting and appurtenances) Page 3 of 7 State Stormwater Management Permit No. SW$ 190814 5. Stormwater that is not treated in an SCM is released at the Y or N edge of the setback/buffer and allowed to flow through -the setback/buffer as dispersed now. OO As -built ON/E ON/A C. STORMWATER OUTLETS — the outlet handles the peak flow Y N from the 10 year storm with no downslope erosion. or D. VARIATIONS 1. A variation (alternative) from the stormwater rule provisions Y N has been implemented. or 2. The variation provides equal or better stormwater control and equal or better protection of surface waters. Y or N E. COMPLIANCE WITH OTHER REGULATORY Y N PROGRAMS has been met. or F. SIZING -the volume of the SCM takes the runoff from all surfaces into account and is sufficient to handle the required storm Y or N depth. G. CONTAMINATED SOILS — infiltrating SCM's are not located Y or N in or on areas with contaminated soils. H. SIDE SLOPES I _ Vegetated side slopes are no steeper than 3H:IV. Y or N 2. Side slopes include retaining walls, gabion walls, or other Y or N surfaces that are steeper than 3H:1 V. 3. Vegetated side slopes are steeper than 3 H: IV (provide Y or N supporting documents for soils and vegetation). L EROSION PROTECTION 1. The inlets do not cause erosion in the SCM. Y or N 2. The outlet does not cause erosion downslope of the discharge Y or N point during the peak flow from the 10 year storm. J. EXCESS FLOWS — An overflow / bypass has beenprovided- Y or N K. DEWATERING — A method to drawdown standing water has Y or N been provided to facilitatemaintenance and inspection. L. CLEANOUT AFTER CONSTRUCTION — the SCM has been Y or N cleaned out and converted to its approved design state. M. MAINTENANCE ACCESS. 1. The SCM is accessible for maintenance and repair. Y or N 2. The access does not include lateral or incline slopes >3:1. Y or N N. DESIGNER QUALIFICATIONS {FAST -TRACK PERMIT} -- The designer is licensed under Chapters 89A, 89C, 89E, or 89F of Y or N the General Statutes. Provide an explanation for every MDC that was not met, and for every item marked "N/A" or "N/E", below. Attach additional pages as needed: Page 4 of 7 State Stormwater Management Permit No. SW8 190814 AS -BUILT DESIGINrER'S CERTIFICATION FOR LOW DENSITY PROJECTS hereby state that I am a licensed professional and I certify by my signature and seal below, that I have observed the construction of the project named above to the best of my abilities with all due care and diligence, and that the project meets all of the MDC found in 15A NCAC 02H.1003, in accordance with the permit documents, plans and specifications on file with or provided to the Division, except as noted on the "AS -BUILT" drawings, such that the intent of the stormwater rules and the general statutes has been preserved. ❑ Check here if this is a partial certification. Section or phase ❑ Check here if this is part of a Fast -Track As -Built Package Submittal per 15A NCAC 02H .1044(3). ❑ Check here if the Designer did not observe the construction but is certifying the project. ❑ Check here if pictures of the project are provided. Printed Name NC Registration Number SEAL: Signature Date Consultant's Mailing Address: City: State: Zip: Phone:) Consultant's Email address: i0 Circle N if the as -built value differs from the Plan/permit. If N is circled, provide an explanation on page 3. O NIE = Not Evaluated (provide explanation on page 2). ON/A = Not Applicable to this project/plan. Consultant's Certification (MDC 15A NCAC 02H .1003) Project. Density and Built -Upon Area OAs-built ONIE ®NIA 1, The project has areas of high density based on natural drainage Y N area boundaries, variations in land use or construction phasing. or 2. The project's built -upon area does not exceed the maximum limit Y N specified in the permit. or Dispersed Flow OAs-built ONIE ®NIA 1. The project maximizes dispersed flow through vegetated areas Y N and minimizes channelized flow. or Page 5 of 7 State Stormwater Management Permit No. SW8 190814 Vegetated Conveyances OAs-built ®NIE 9NlA 1. Stormwater that is not released as dispersed flow is transported Y N by vegetated conveyances. or 2. The project has a minimal amount of non -vegetated conveyances Y N to reduce erosion. or 3. Other than minimal piping under driveways and roads, no piping Y N has been added beyond what is shown on the approved plans. or 4. Side slopes are no steeper than 3HI V. Y or N 5. The conveyance does not erode in response to the peak flow from Y N the 10-year storm. or Curb outlet systems (if applicable) OAs-built ®NIE ®NIA 1. The swale or vegetated area can carry the peak flow From the Y N 10-year storm at a non -erosive velocity. or 2. The longitudinal slope of the swale or vegetated areas does not Y N exceed 5%. or 3. The swale has a trapezoidal cross-section and a minimum bottom Y N width of two feet. or 4. The minimum length of the swale or vegetated area is 100 feet. Y or N 5. Side slopes are no steeper than 3HA V. Y or N 6. The project utilizes treatment swales designed per Section .1061 Y N in lieu of the curb outlet system requirements. or Vegetated SetbacksBuffers (if applicable) OAs-built ®NIE ON1A 1. The width of the vegetated setback/buffer is at least 50730'. Y or N 2. The width of the vegetated setback/buffer has been measured frorr the normal pool of impounded waters, the MHW line of tidal waters Y or N or the top of bank of each side of rivers or streams. 3. The vegetated setback/buffer is maintained in grass or other Y N vegetation. or 4. BUA that meets the requirements of NCGS 143-214.7(b2)(2) is Y N located in the setback/buffer. or 5. BUA that does NOT meet the requirements of NCGS 143- 214.7(b2)(2) is located within the setback/buffer and is limited to: a. Publicly -funded linear projects (road, greenway, or sidewalk) Y N b. Water dependent structures or c. Minimal footprint uses such as poles, signs, utility appurtenances, and security rights. 6. The amount of BUA within the setback/buffer is minimized, and Y N channeling of the runoff from the BUA has been avoided. or 7. Stormwater is not discharged (via swale or pipe) through a vegetated setback/buffer. Stormwater is released at the edge of thE Y N setback/buffer and allowed to flow through the setback/buffer as or dispersed flow. Page 6 of 7 State Stormwater Management Permit No, SW8 190814 Outlets OO As -built ON/E ®NIA 1. Stormwater outlets do not cause erosion downslope of the Y N discharge point during the peak flow from the 10-year storm. or Variations OO As -built mN/E ©NIA 1. The project has variations from the MDC that were not previously Y N approved. (Modification may be required.) or Deed restrictions (if applicable) OAs-built mN/E ®NIA 1. Deed restrictions are recorded and ensure that the project and the BUA will be maintained in perpetuity consistent with the Y or N permit, approved plans, and specifications. For Subdivisions Only (Residential or Commercial) OAs-built ®N/E ®NIA 1. The number of platted lots is consistent with the approved plans. Y or N 2. The project area is consistent with the approved plans. Y or N 3. The layout of the lots and streets is consistent with the approved Y N plan. or 4. The width / radius of streets, paved accesses, cul-de-sacs and Y N sidewalks is consistent with the approved plan. or 5. No piping, other than those minimum amounts needed under a Y N driveway or under a road, has been added. or 6. The lot grading, road grading, vegetated conveyances, piping. Y N inverts, and elevations are consistent with the approved plans. or Provide an explanation below for every MDC that was not met, and for every item marked "N/A" or "N/E." Attach additional pages as needed. Page 7 of 7 ECEOVF . Bruce Marek, P.E. SEP p 20 5489 Eastwind Rd. Wilmington, NC 28403 910-799-9245 gy. Sept 10, 2019 Re: SW8-190814 Beaufort Marine Center 1501 Sensation Weigh, Beaufort, NC 2.0 Acre BUA Low Density Stormwater Permit Submission for Lot 11 B of Whitewater Subdivision SW8-980926 Jarrett Bay Marine Industrial Complex; Existing CAMA 131-06 Per Mr, Jim Moores, I have included the CAMA C2 3-18-13 Minor Mod Drawing Information (CAMA Approved 5-14-13) include on my SW-2 Rev 1 drawing, rather than as I originally had it as "Future" impervious. I have updated the grading from the 2013 CAMA C2 Drawing, to show sheet flow off of the concrete apron to the existing lot line drainage swale. As the original Jarrett Bay SW8- 980926 Permit is low density, I am just continuing the existing site flow pattern. Not trying to do anything other than that. I have also showed the CAMA Permit riprap between MHW and the Concrete Travelift Apron, and attributed dimensions and areas to the riprap, which would still be considered as impervious, and is mostly located ion the 30' CAMA and CEMLR Stormwater Buffer. This riprap, and the two 6' wide concrete travelift piers total 2450 sf of water dependent impervious in the buffer. SW-2 Rev 1 also has detailed breakouts of the On -Site Buildings; Sidewalk and Concrete Pads; and On -Site Other. As we are adding the 12,600 sf of 4" minimum thickness of 957 stone on a geotextile which is considered as pervious surface by the State Legislature, I will need to submit to CAMA for a minor mod to acknowledge this surface. (Verbally they required this stormwater permit action). Thus the minor grading differences in my C2 3-18-13 and SW-2 Rev 1 9-10-19 will be submitted to CAMA as an update. Involved process to add no impervious! ,%H CAJ90 _ Ste,- -: ' 13684 . .�'•;• to 1se$% C/ t • .MECEIVE Bruce Marek, P.E. 5489 Eastwind Rd. Wilmington, NC 28403 AUG Z 7 2019 910-799-9245 June 24, 2019 + Narrative: Beaufort Marine Center 1501 Sensation Weigh, Beaufort, NC 2.0 Acre BUA Low Density Stormwater Permit Submission Narrative, for tot 11 B of Whitewater Subdivision SW8-980926 Jarrett Bay Marine Industrial Complex; Existing CAMA 131-06 Beaufort Marine Center, 1501 Sensation Weigh, Beaufort, NC owned by Moores -Smith Marine Enterprises, LLC is seeking a new, individual Low -Density Stormwater Permit. The site is allowed 2.0 Acres of Impervious as part of the Whitewater Subdivision, SW8-980926, by deed restriction/covenants. They would like to improve the site to the allowed impervious amount, and to "tidy -up" the boatyard with 4" of #57 stone on a geotextile fabric, such surface which is not considered built upon area per State Session Law 2015-14-9, House' Bill 11634, Section l.(a) G.S. 143-214.7 (b2). The facility, located on Core Creek - ICW has had CAMA Permit 131-06 since 2006. The original owners)/engineer(s) did not submit for individual lot stormwater permits for the entire subdivision. This stormwater new permit submittal is to quantify existing buo and permitted CAMA features (including a travel lift pit and its impervious approach(es)), and to indicate proposed locations of the #57 stone over geotextile fabric, and to provide a cross-section of the detail. Latitude of the Degrees -- 38 Seconds, North Site is appx 34 .C�k Minutes - 13.99 Longitude is 76 Degrees 41 Minutes -- 04.24 Seconds, West Site is between Gregory Poole (with floating docks) to the North and True World (with travel lift and floating docks) to the South Core Creek/the ICW is the water body to the immediate west. Eastman Creek is to the south of the True World site. � � 1 ;^ • �`5 � ' �. jk ;, Bruce Marek, P.E. 5489 Eastwind Rd. Wilmington, NC 28403 910-799-9245 Sept 9, 2019 Narrative Addendum: Beaufort Marine Center 1501 Sensation Weigh, Beaufort, NC 2.0 Acre BUA Low Density Stormwater Permit Submission Narrative, for Lot 11 B of Whitewater Subdivision SW8-980926 Jarrett Bay Marine Industrial Complex; Existing CAMA 131-06 Carteret County Deed Book 845 page 741 is a 16 page document relating to the restrictive covenants of Jarrett Bay Marine Industrial Park. Number 5.4 on page 5 of 16 is what deed restricts the subdivision. You are correct that that document, Table A, page 12 of 16 lists Lot 1 l as 3.4 acres impervious, without a break out. That deed is dated January 15, 1999. Furthermore, page 13 of 16 indicates "The covenants pertaining to the Stormwater Regulations may not be changed without the concurrence of the Division of Water Quality." Attached with this e-mail is a scan of a Jarrett Bay Marine Industrial Park Impervious Table that I made a copy of during a file review of SW8-980926. The DWQ date stamp is mostly cut of, my bad, possibly indicating a date of April 14, 2005. The table includes the split out of Lot I 1 A as 1.4 ac impervious and Lot 11 B as 2.0 ac impervious. That predates Moores -Smith purchase of Lot 11 B. ,p[ c?,M � / w%Y,6\ \A While an individual stormwater permit was not sought by the prior owner, the prior owner as Core C� Creek Marin Haul -Out Facility did procure a CAMA Major Permit, 4131-06, that indicated the 2.0 acre impervious deed restriction. Indeed my 3-18-13 CAMA Minor Modification drawing C2, top middle "Site Data" indicates this 87,120 sf = 2.0 ac impervious allotment. The minor mod was approved 5-14-13. I feel that between the CAMA permit impervious limitation, based on the Jarrett Bay Marine Industrial Park (Stormwater SW8-980926) Impervious Table (2005), the Deed Book 845-741 Covenants and Restrictions, the December 212012 Moores Smith Deed Book 143, page 271 purchase of Lot 1 I B , which refences back to the Book 845 page 741 and subsequent deeds, AND, this self -procuring of an individual stormwater permit with the same 2.0 ac impervious limitation is sufficient environmental protection of the site/for the state. Please note that Lot 1 1 A is now or formerly owned by Gregory Poole Equipment Company, which I/we have legal authority over. Likewise, in my initial permit research For Mr. Moores, we visited the offices at Jarrett Bay Marine, a boatyard/boatb u il ding facility. One of the yard owners on site that day did talk to us about the SW8-980926 permit and the need for adherence to it, I did not come out of that meeting that doing any modification or update to their permit would be easy. They certainly did not seem willing to pay for engineering services to change their permit, and I do not personally do not want/need to be the Engineer of Record for the entire Jarrett Bay Marine Industrial Park at this late stage of my career. +I1y1111111f 11 '�•• H CML Aq yAl�p ETV MW 1±: .; SEEP 14 2019 � ®;�►,. gY;� 11111�� y A' JA32 - r - a MQC045iCAI STpRM1�ATEI �+R Ci]l kb l�QW bEN5I7i.Y DE-. I NA�TfI I T0TA1:*,0RACT;rkw : 5 IMAxitAliM AI LOidABL'E� 1MAPERViD!]' AREA-� FNd5TREi«TS���+''x�� � RE�1A1N1NGti';AVAILABLFTOR lVI us, rWI ` i $ r1 22 hit 0• s'RDWADri3 9 84 t 5 �4 2:�2y} "rtri1. 3 k k b" skk j VL _o- "- r, � 4, I i eYY t 1 i 1 �''ki'N —CEIIiIE AUG 1 7 2019 j4RRETT fAj Builder & Broker of Fine Sportfishing Boats �T'�'ni...„i7.la�lw��r...anr.z'�+."liR'3vv 1:".�n'A s J.un . � .�.✓F. 3` i• • Linda Lewis 127 Cardinal Dr. Ext. Wilmington, NC 28405 Dear Linda, I regret. .that- statements .(e)Ahrouglt_.(h)on- page- 4.of.out- permit were.not recorded .within,the.deeded restrictions for Whitewater Subdivision. This was an error on my part, which has been corrected. Please review the attached -amendment -for -Jarrett -Bay -Marine Industraa£.Park-North-arid South (which has-been. recorded,with the County). Again, I apologize for the omission. Sincerely, Mason Cox Vice-P-resident Cc: Steven Glenn (owner lot #3) Don_Carter-(aumer-lot #4) Barns Boykin (owner, lot # 13) Norwood--'Fhompson4owner, let-# 17) Randy -Ramsey.... 530 SENSATION WEIGH • BEAUFORT, NC 28516 • PHONE (252) 728-2690 • FAX (252) 728-2607 WEB SITE www.jarmtrbay.com • E-MAIL jarratbay@bmd.dis.com I hV AUG 2 7 2019 �r� Phpared byJoM M. Hems, P.A. ' . .. - hlelani,p'-Arthur - qP STATE OF NORTH CAROLINA I Carteret CountRegister of Deeda CS Date 08/04/1699 Time 08t39:00 OR Ofi3405 Page 1 of 4 COUNTY OF CARTERET } AMENDMENT -TO DECLARATION AND RESTRICTIONS JARRETT BAY MARINE INDUSTRIAL PARK -SOUTH and JARRETT BAY MARINE INDUSTRIAL PARK -NORTH THIS: DECLARATION is`made. this the day of July, 1999, by WHITE WATER ::bEVELQPMENT GROUP, LLO, JARRETT BAY GROUP, LLC, find SHEER LINE INVESTMENT GROUP, LLC, (hereinafter referred to as Declarant) and future Lot Owners of JARRETT BAY MARINE INDUSTRIAL PARK -SOUTH AND JARRETT BAY MARINE INDUSTRIAL PARK - NORTH, :KNOW ALL BY THESE PRESENTS: THAT WHEREAS, -Deeclarant WHITE WATER DEVELOPMENT GROUP, LLC, is the record owner of The simple title to those lots of real property located in Beaufort Township, Carteret County, North Carolina, same being: , JARRETT BAY MARINE INDUSTRIAL PARK -SOUTH 'as shown on that plat recorded ,in Plat Book 29,`at Page 428, Carteret County Registry, (hereinafter "SOUTH"). and THAT WHEREAS,, Declarant SHEER LINE INVESTMENT GROUP, LLC is the record owner of fee simple title to those lots of real property located In Beaufort Township, Carteret 'County, North Carolina, same being: 'JARRETT BAY MARINE INDUSTRIAL PARk-NORTH as shown on that plat recorded in Plat Book 29, at Page 429, Carteret County Registry, (hereinafter "NORTH"). and WHEREAS, Declarant WHITE WATER DEVELOPMENT GROUP, LLC and JARRETT BAY GROUP;. LLC has recorded Restrictive Covenants for the above reference subdivision in Book 845 at page 741,' which was amended In Book 845 at page 743 adding Jarrett Bay :Marine Industrial Park -North (hereinafter referred to as ."The Declaration") 'and "the 'Declsratiop; allows for amendments, - NOW., THEREFORE, Dederent does hereby declare "The Declaration" .is modified and 'amended and -all of the real property described above {NORTH AND SOUTH) shall be held, conveyed, hypothecated, encumbered, used, occupled and improved subject to the original Declaration and this amendment and the Declaration and this amendment shall be deemed to run with the land 'and shalt .be a burden and a benefit to the Declarant, its successors and assigns, and any person or entity acqulring or owning an Interest in the real property and . improvements, or any subdivision thereof, their grantees, successors, devisees, heirs, executors, administrators and assigns. Jarrett Bay Marine tndustrial Park Arnendment , 800 K PAG Page t of 4 0 • l '1 - I It The foilowirig :additional lmpervlous, coverage limitations are to' apply to JARRETT BAY MARINE "iNDUSTRIAL.' PARK -NORTH' and JARRETT BAY MARINE INDUSTRIAL PARK -SOUTH: 1. Eadh lot will maintain a 30' wide vegetated buffer between all impervious areas and surface waters. 2. Each lot will submit plans to the Division 'of Water Quality for approval prior to construction. The low density rules pertaining to Stormwater Management will apply. 3.. No lot will be of such high density that stormwater runoff threatens water quality: Additional control measures suitable for class SA waters will be required for any lot determined to be of high density. 4. No direct ,discharges of runoff Into surface waters Is allowed. All lots will provide a minimum of 50' of vegetated filter area at the outlet of any channe)izad flow.. In addition to all lot owners -'of the subdivision being beneficiaries of this covenant,.tKe State of North Carolina shot) also be a beneficiary of this storm water run-off covenant and shall be given all rights as an Individual homeowner. under this covenant, to enforce the above restrictions, including the right to bring -a court action at law or in equity seeking damages or an injunction to `prohibit the violation hereof. ' IN TESTIMONY WHEREOF., the above Grantors, Limited Liability Company, have caused this Instrument to be executed In the appropriate company name by duly authorized manager, and has adopted as Its seal the word "SEAL" appearing beside its name, this sealed instrument being executed and delivered on the date first above written. WHITE WATER DEVELOPMENT GROUP, LLC - (SEAL) BY. ICIAL SEAL' an r ; wry Pubic, North Caroirw C "JA(y or conwel Ranee R. Lawr Commission Ex JARRETT BAY GROUP, LLC (SEAL) BY:. L . g 'r]FFICfAL SEAL' "MM Pubic, Norm Cwr*ia ofCrrtnral Reneo Lewra Ex JarrettBay Marine Industrial Park Arnintirnent Page 2 of 4 F SHEER LINE INVESTMENT GROUP, LLC JSEALI BY: 7e, is AL QSEAL'.Notary PuhAc, NoCamay of CRanea U. I.a i . M C son STATE OF NORTH CAROLINA COUNTY OF CARTERET U'? .1, .I�et,3cc RC C ; a Notary Public of the aforesaid County and State,' do hereby certify that personally came before me this day and acknowledged. that he is the manager of�WATER DEVELOPMENT GROUP, LLC, and further acknowledged the due exac"on of this instrument on behalf of WHITE WATER DEVELOPMENT GROUP, LLC. WITNESS my hand and official stamp or seal, this the day of July, 1999. NOTARY PUBLIC My Commission Expires: :' 1 ' a ' U3 STATE OF NORTH CAROLINA ; COUNTY OFCARTERET I„ ICA a Notary Public of the aforesaid County and State, do hereby certify that personally came before me this day and acknowledged that htj Is the manager.of SHEER NE INVESTMENT GROUP, LLC, and further acknowledged the due exacution of this instrument on behalf of SHEER LINE INVESTMENT GROUP, LLC. WITNESS my hand and official stamp or seal, this the day of July, 1999. NOTARY PUBLIC My Commission Expires: STATE OF'NORTH CAROLINA COUNTY OF CARTER>;T I, , a Notary Public of the aforesaid County and State, do hereby certify that personally came before me this day and acknowledged that he Is the manager o JAfiRETT BAY GROUP, LLC, and further acknowledged the due execution of this instrument on behalf of JARRETT BAY GROUP, I.I.C. WITNESS•my hand and official stamp or seal, this the day of July, 1999. w _ NOTARY PUBLIC My Commission Expires: . ,FiWPS1%C0RPl1ARRETAe.0EC 072990 NORTH CAROLINA, CARTERET COUNTY The foragotng certmceto(s) of Notery PWICls) ia/are cortdtod to bo Coned.17da hutrument and thfs cartNi- Cate are duty registered F1 the hate and time a in tie Beak and Pago n on the tirsi page ot. a AAhur. Rqdxq GLU G� a AMENDMENT TO DECLARATION AND RESTRICTIONS JARRETT BAY MARINE -INDUSTRIAL PARK -SOUTH ADDING JARRETT BAY MARINE INDUSTRIAL PARK -NORTH THIS DECLARATION Is made this the day of January, 1998, by WHITE WATER DEVELOPMENT GROUP, LLC, JARRETT BAY GROUP, LLC, and SHEER LINE INVESTMENT GROUP, LLC, Ihereinefter referred to as Declarantl and future Lot Owners of JARRETT BAY MARINE INDUSTRIAL PARK -SOUTH AND JARRETT HAY MARINE INDUSTRIAL PARK - NORTH; KNOW ALL BY THESE PRESENTS: THAT WHEREAS, Declarant WHITE WATER DEVELOPMENT GROUP, LLC Is the record owner of fee simple title to those lots of real property located In Beaufort Township, Carteret County, North Carolina, same being: JARRETT BAY MARINE INDUSTRIAL PARK -SOUTH as shown on that plat recorded in Plat Book 29, at Page 428. Carteret County Registry, (hereinafter "SOUTH"I• and THAT WHEREAS, Declarant SHEER LINE INVESTMENT GROUP, LLC is the record owner of fee simple title to those lots of real property located in Beaufort Township, Carteret County, North Carolina, some being: JARRETT BAY MARINE INDUSTRIAL PARK -NORTH as shown on that plat recorded in Plat Book 29, at Page 429, Carteret County Registry, ihereinefter "NORTH"). and WHEREAS, Declarant WHITE WATER DEVELOPMENT GROUP, LLC and JARRETT BAY O�, LLC h recorded Restrictive Covenants for the above reference subdivision in Book ..gat page (hereinafter referred to as 'The Declaration') and "the Declaration" allow the submission to the subdivision of JARRETT BAY MARINE INDUSTRIAL PARK - NORTH in Section 12, and Declarants desires to submit "NORTH" ; NOW, THEREFORE, Declarent does hereby declare that "JARRETT BAY MARINE INDUSTRIAL PARK -NORTH", and the lots therein as Identified on the above referenced plat identified as NORTH, are hereby submitted to JARRETT BAY MARINE INDUSTRIAL PARK - SOUTH. Additionally, "The Declaration" Is modified and amended and all of the real property described above (NORTH AND SOUTH) shall be held, conveyed, hypothecated, encumbered, used, occupied and improyed subject to the" original Declaration and this amendment and the Declaration and this amendment shall be deemed to run with the land- and shail be a burden and a benefit to the Declarart, its successors and assigns, and any person or entity acquiring or owning an interest in the real property and improvements or any subdivision thereof, their Jarrett Bay Marine Industrial Park Amendment Page t of 3 800 PAGE1�=- AUG 2 7 2019 B! J .i. � �� 1 i � � � � i _ _ .. . � _ i � • � .� c � ' i� - � � .>. � r .. _ , i _ �— , �• � _ t. � �� � c f: grantees, successors, devisees, heirs, executors, administrators and assigns. The following Impervious coverage limitations are to apply to JARRETT BAY MARINE INDUSTRIAL PARK -NORTH: Building Coverage, %grm W= Rul)-Qff Control. In order to comply with the Coastal Storm Water Regulations of the State of North Carolina, Department of Natural Resources and Community Development and blvision of Environmental Management, each lot owner will have a specific "built -upon area" on the lot which improvements can be made. "Built -upon area" means that portion of an individual development lot that is covered by impervious or partially impervious cover, including buildings, pavement, driveways, recreational facilities, etc., but not Including uncovered decking. Each lot within this subdivision shall be limited to the "built -upon area" as shown on the Table A and Table B attached to "Declaration". Each lot shall also be subject to the other terms and conditions as contained in the above referenced Table A and Table B. In addition to all lot owners of the subdivision being beneficiaries of this covenant, the State of North Carolina shall also be a beneficiary of this storm water run-off covenant and shall be given all rights as an individual homeowner under this covenant, to enforce the above restrictlons, Including the right to bring a court action at law or in equity seeking damages or an injunction to prohibit the violation hereof, IN TESTIMONY WHEREOF, the above Grantor, Limited Liability Company, has caused this instrument to be executed in the appropriate company name by duly authorized manager, and has adopted as its seal the word "SEAL' appearing beside Its name, this sealed instrument being executed and delivered on the date first above written. i WHITE WATER DEVELOPMENT GROUP, LLC {SEAL} BY: IS EAU �s Ma age JARRETT BA GROUP, LLC (SEAL) BY: ISFAH SHEER UN INVESTMENT GR UP, LLC ISEALI BY. M eg i3 j Jarrett aay Marine Industrial Park Amendment Page 2 of 3 STATE Of NORTH CAROLINA COUNTY OF CARTERET I, tNef—e e J� -� t'nC a Notary Public of the aforesaid County and State, do hereby certify that # •.� personally came before me this day and acknowledged that he is the'manager 61 WHITE WATER DEVELOPMENT GROUP, LLC, and r further acknowledged the due execution of this instrument on behalf of WHITE WATER DEVELOPMENT GROUP, I.I.C. I WITNESS my hand and official stamp or seal, this the day January, 1999. of NOTARY PUBLIC • OFFICIAL SEAL' My Commission Expire �� .�.$ .C,CC NolmyShrtJli line 01C&1Wv1 ppmry pf Cartorel Renew E3. Lowe ngq STATE OF NORTH CAROLINA COUNTY OF CARTERET I, 1 Il 'i a Notary Public of the aforesaid County and State, do hereby certify that personally came before me this day and acknowledged that he is the fi5agar of SHEER LINE INVESTMENT GROUP, LLC, and further acknowledged the due execution of this instrument on behalf of SHEER UNE INVESTMENT GROUP, LLC. day WITNESS my hand and official stamp or seal, this the � of January, 1999. NOTARY PUBLIC My Commission Expires: LAj V - 0 FICCIANa,u m _ car olCmtmet STATE OF NORTH CAROLINA COUNTY OF CARTERET S1LkjXCU t , a Notary Public of the aforesaid County and State, do hereby certify that Al,personally came before me this day and acknowledged that he Is the? manager e JARRETT SAY . GROUP, LLC, and further acknowledged the due execution of this Instrument on behalf of JARRETT BAY GROUP, LLC. WITNESS my hand and official stamp or seal, this the iZday of January, 1999.' 'NOTARY PUBLIC My Commission Expires: mY EAL Nalar Cd0" Et .I l F:1wPE1VC0nr{J0RETAO.0GC 12122ne ronfs • 1 n" " �� i Jarrett Bay Marine Industrial Park Amendment Page 3 of 3 f S NORTH CAROLINA, CART :P1 'COUN Tho foregoing corlificala(-.) of, is (M) cerliffed 10 be correct, T ,is instrum nt w pro. SM1110 Wiqlrnll n a d recorded In Ihis oil e in 1301 k ;76 Co" lr'T'um nt w is recorded 1,!4lh IN! y 01c a jr )'ck ft 2 '1 , -L()*P)ock Me me Arlhur ,17 L 2' 0 Joeds Reg' lei Of V0edS aj c UtV tV eputy i 900K i4f P'AGE - Pro ed Znrla P.A. .. • Aar 4V _ DECLARATION OF COVENANTS AND RESTRICTIONS FOR JARRETT BAY MARINE INDUSTRIAL PARK -SOUTH THIS DECLARATION Is made, as of January :!T1999, by WHITE WATER DEVELOPMENT +' GROUP, LLC, and JARRETT SAY GROUP, LLC, North Carolina Limped Liability Companies i"Declarant"l, under the following circumstances: A, Declarant, WHITE WATER DEVELOPMENT GROUP, LLC, Is the owner of the real property located at Steel Tank Road, Beaufort, NC and more fully described In that Plat Recorded in Plat Book 29 at page 428, Carteret County Registry, (the 'Property"1. B. Declarent, JARRETT BAY GROUP, LLC, Is the owner of the real property located at Steel Tank Road, *Beaufort, NC and more fully described In that Plat Recorded in Plat Book 29 at page 33, Carteret County Registry, ithe "Property"). C. Declarent desires to submit the Property to tha.covanents, Conditions, restrictions and easements set forth In this Declaration. D. Declarent may in the future submit, or allow the owner to submit, at( or part of the real property described as JARRETT BAY MARINE INDUSTRIAL PARK -NORTH as shown on that plat recorded In Book 29 at page 429, Carteret County Registry, (Additional Property) to the provisions of this Declaration. NOW, THEREFORE. Declarant declares that all of the Property shall be hold, developed, encumbered, teased, occupied, Improved, built upon, used and conveyed subject to this Declaration. SECTION 1. DEFINITIONS. For purposes of this Declaration, unless the context otherwise requires, the words Ilstod In this Section shall have the following meanings: 1.1 Additional Property: The real proporty described as JARRETT BAY MARINE INDUSTRIAL PARK - NORTH together with all easements benefiting the real property and ail appurtenances. 1.2 Architectural Guidelines: The set of standards, rules and regulations which may be adopted by the Architectural Review Committee pursuant to Section 3.3 below for the purpose of Interpreting and Implementing the provisions of Section 4. 1.3 Architectural Review Committee: the Individuals designated pursuant to Section 3.1 who shall review and either approve, modify or reject all development, construction, landscaping end site plans Involving any and all Improvements for the Property. 1.4 Association: The association which may be formed pursuant to Section 7 consisting of all Owners. it 1.5 Covenants and Restrictions: The covenants, conditions, restrictions and reservations stated In this Declaration as amended from time to time. 1.6 Declarant: WHITE WATER DEVELOPMENT GROUP, LLC, JARRETT BAY GROUP, LLC, and also SHEER LINE INVESTMENT GROUP, LLC, its successors and assigns and the parties described below In Section 16. ` 1.7 Declaration-. This Doclaratfon of Covenants and Reatrictlops for JARRETT BAY MARINE INDUSTRIAL PARK -SOUTH, as amended from time to time. i s PAG i Declaration of Covenants a Page 1 % AUG 2 t M V 1 V :Yry v�ylid}�yAl�tlyntY 'j . R - ail"''^.J^•L.l-i •iMn t'•n ......._.....�...�,�.�__..«_..,—ram=ter_ _. __ . ,� . '".TT'i.: ;.," «. x•.v_...,.._.r. � 1.8 Effective Date: bete of recording this Declaration in the Carteret County Register of Deeds Office. 1.9 Improvements: All buildings, owbuiidings and garages; overhead, above ground and underground Installations, including, but not limited to, utility facilhiss and systems, lines, pipes, wires, towers, cables, conduits, poles, antennae and satellite dishes; flagpoles; pools and fountains; slope alterations: roads, driveways, parking areas and other paved areas; loading docks; storage facilities; fences. trellises, wells, retaining wells and exterior stairs: planted trees, hedges, shrubs and other forms of landscaping which are more then 4 feet high when fully grown; all other activities that cover more ttatsattsn than 200 square feet, and all other structures of every typo. 1,10 Lot: Each separately described lot shown on'the plat described above. 1.11 Owner: Any party holding fee simple title of record to any Lot, Including any party salting that Interest by land contract, but excluding any party holding an Interact merely as security for the performance of an obligation. 1,12 Property: All of the roai property described In the above referenced plat together with all easements benefiting that real property and off appurtenances, and sit portions of the Additional Property that may be added to the Property pursuant to Section 12. SECTION 2. PURPOSES, The Covenants and Restrictions are declared to be in furtherance of the following purposes: lal The promotion of health, safety and welfare of all Owners and occupants of the Property. (bl The preservation, beautification and maintenance of the Property and all Improvements. W The preservation and promotion of environmental quality. (di The establishment of requirements for the development of the Property relating to land use, architectural features and site planning. fei The compliance with all zoning and almitor governmental regulations. SECTION 3. ARCHITECTURAL REVIEW COMMITTEE 3.1 Immediately after the Effective Date of this Declaration, Declarent shall appoint the Architectural Review Committee, (sometimes hereinafter referred to as "ARCI which shalt consist of three people, all of whom shall have architectural and/or buiiding design experience. Any one or more members of the Committee may, but need not be, an Owner of or a tenant on a Lot. The current chairman of the committee shall be Mason Cox. 3.2 So long as Declarant owns one or more Lots, Including that unnumbered lot or parcel Identified as 'Jarrett Bay Group, LLC" on the plat, It shall have the right to appoint all membera of the Architectural Review Committee. After Docierant no longer owns any Lots, the Association shall have the right to select each member and to remove one of more members of the Committee by a simple majority vote of ell of Its members. 3.3 The Architectural Review Committee may. from time to time, in its sole discretion, adopt, amend and/or repeal by simple majority vote of the committee, various standards, procedures, rules and/or regulations which shall be known as "gtrchitoctural Guidelines.' These Guidelines shall aid In the Interpretation and '"'I'lerforitation of the provisions of this Declaration and shall provide standards and procedures for Commlttda review of plans an8 opeclfications with respect to design, placement of buildings, landscaping, cotor schemes, exterior materials and other Items within the Committee's jurisdiction which may be recommended for use In the park. AA Architectural Guidelines shall Abe consistent with the provisions of this Declaration, and If any conflict exists between the provisions of nactuetlan of Cavanants Page 2 v eOa PAS '�. 3.4 Neither Declarent, the Architectural Review Committee, the Association nor any member of the.Committae or the Association, nor any agent of Declarant, the Committee or the Association shell be liable to any applicant under Section 4, to any applicant for a variance under either Section 4 or 5, or to any third perry for any damage, loss or expense Suffered or claimed by such applicant or any third party on account of (a) any defect in plans or specifications submitted, revised, approved or rejected in accordance with the Covenants and Restrictions or for any structural or other defects in any work done according to the plans and specifications; (b) the granting, modification or denial of any application or variance request in eccordenbe with the Covenants and Restrictions; or W the development of any part of the Property. SECTION 4. APPROVAL Of PLANS. 4.1 Etefore any work may commence for the construction, erection, placing, installation, or alteration of any Improvement on any Lot, the Owner of that Lot must first submit to the Architectural Review Committee for review a complete c,v: or building or Installation plans and specifications for the Improvement Including, without limitation, the plot layout; complete building design and specification details with elevations and floor plans; all exterior elevations with proposed materials and colors; grading. surface drainage and drainage Swale plans; screening, fencing and landscaping plans; driveway curb cut widths and locations; a traffic engineering analysis showing traffic flow patterns and all driveways, driveway Intersections with streets, parking areas, loading areas, storage areas, and sidewalks; an estimate of the maximum number of employees contemplated for the operatlons to be conducted from the proposed Improvements, together with the hours of the shifts during which they would work; plans for all signs Including location, design, color, dimensions and lighting; location of any waste disposal areas; a description of the operations proposed to be conducted from the Improvements in sufficient detail to determine if they are permitted uses under sit applicable zoning ordinances and under this Declaration including the extent of any noise, odor, glare, vibration, smoke, dust, fumes, gases, hazards of fire andlor explosion, radiation, redloactivity, toxicity of substances used, electrical radiation, liquid wastes or other parformence characteristics or properties that may be relevant under existing zoning ordinances, under any applicable environmental laws, regulations, standards, restrictions or orders or under this Declaration, any plans for the solution or containment of any problem indicated in the Immediately preceding clause; any underground utility or other installations; and any overhead wiring, cables or other above -ground Installation plans Including locations and dimensions of poles andlor satellite ditches. AN of such plans shall be submitted over the,, signature of the Owner or the Owner's proposed or actual lessee who Is affected by the proposed improvements. Any changes In approved plans or specifications which nmerleliy affect building or other improvement size, placement or external appearance must also be -submitted for review by the Committee before any such changes may be effected. 4.2 The Architectural Review Committee shall approve, reject or modify such plans in a writing sent to the Owner andlar lessee In question not more than 20 days after the plans are submitted to the Committee. Among the factors which the Committee shall consider are the adequacy of the Lot dimensions for the proposed Improvements; the general conformity and harmony of the proposed external design with existing neighboring structures; affect of the location and proposed use of the Improvements upon neighboring Lots, their occupants, and the operations conducted thereon; the topography, grade and ground elevation of the Lot for which the Improvements are proposed In relation to the neighboring Lots; proper facing on the main elevation of the proposed Improvements with respect to adjacent streets; the adequacy of screening for mechanical, air-conditioning, rooftop and/or other external installations which are proposed as part of the Improvements; and compliance with the Architectural Guidelines and the prow talons of this Declaration. The Committee shall not unreasonably withhold epprpvel of any plans which conform in every way with the Architectural Guidelines, this Declaration find the general character of the development on.nalghboring Lots within the Property. If the Committee fails to approve, disapprove or modify the plans within the above 30-day period, the Committee's approval shall be deemed to have bean given, end no further permission shall be needed before the Improvements described In such plans may be constructed or t eWatlon of Cavmunte B PAG f Page 3 Insinlied. However, in no event shalt any Improvements be constructed or installed which violate any terms of this Declaration even it the Committee has expressly approved such construction or i Installation in writing unless the Committee has granted a variance in writing for such Improvements pursuant to Section 8. 4.3 No building or other Improvement shell be constructed, erected, placed, installed, permitted to remain on or altered In such a way as to put any part of the same between any setback line shown on the plat and the boundary line of the Lot on which the building or other Improvement is located. 4.4 All Improvements on any Lot shah be'sterted not more then 180 days after the date they are approved under this Section 4 and shall be completed within a reasonable time after the beginning of construction or Installation. Failure to commence substantial construction, as determined by the ARC, on the approved Improvements within 180 days of approval by ARC shall void the approval and the lot owners shall be required to submit such plans to ARC again for approval, 4.5 No temporary structure shall be permitted to remain on any Lot after completion of the construction on that Lot. 4.6 Although all members of the Architectural Review Committee shall serve without compensation, the Committee may establish and require a reasonable filing fee to be submitted with each application for approval of proposed Improvements In order to defray expenses of the Committee. SECTION 5, PERMITTED USES; GENERAL RESTRICTIONS 5.1 Permitted Uses, All Lots shall be used solely for office, commercial processing, assembly, research, servicing, light Industrial, warehousing and distribution purposes and for services related to those uses. Manufacturing activities shall be permitted provided that they are confined within a building or buildings and do not contribute excessive noise, dust, smoke, fumes, toxic emissions or vibrations to the surrounding environment nor present any significant environmental hazard duo to the nature of the products, materials, or processes Involvad. 5.2 Prohibited Uses. The following operations, activities and uses shall not be permitted on any part of the Property: (el, Any residential use; ib) Any uses not allowed by the zoning regulations of Carteret County; Ic) Any public restaurant of the type commonly known as a fast food restaurant; (d) Gasoline service stations; .> (a) Any rate€I depertment store or othef retail establishment of similar size and purpose, however this shall not prohibit retail sale In connection with onslte warehousing andlor manufacturing of products if approved by ARC; M Any activity violating any applicable federal, state or local law, ordinance, regulation, standard, order or rule; (g) Any use that Is offensive because of emission of odors, fumes, dust, smoke, gas, any toxic product, or other form of pollution or by reason of noise or vibration: (h) Any activity that causes danger to any person or property on any other part of the Property; (k) Automobile retail or used sales lots or businesses: li) Junkyard; Im) Concrete or asphalt central mixing plant; (n) Dumping, disposal, Incineration or reduct(on.of garbage, sewage, dead animals or refuse; (c) Refining of petroleum or its praducts; (pi Smelting of iron, tin, ztnd,or any other ores; (ql Centeleries; 01 Wood and lumber bulk processing, including sawmills, planing mills and wood•proserving treatment �--� facilities or activities; r I Oeersration of Covorants PAGE.. ---- Pegs 4 B� r ts) Any form of ponal Institution; it) Any quarrying or other form of excavation activity; Jul Any activity Involving blasting operations; (v1 Any activity that may cause clectro•mechanical or electro-magnetic disturbances; (w) Any activity involving disturbance to others because of radiation, air or water pollution; and (x) Any other activity not specifically authorized or permitted by Section 5,1 of this Section 5 or by a variance granted pursuant to the provisions of this Declaration. } 5.3 Exterior Surfaces. All exterior walls of all buildings constructed on the Property shell be constructed from ground level to save height entirely of brick. atone, brick or atone vanoar, steel or other metal, glass, pro -cast concrete panels, or any other commercial masonry construction material other than concrete blocks or cinder blocks. 5.4 Building Coverage, Storm Wester Run-Olf Cenuol, In order to comply with the Coastal Storm Water Regulations of the State of North Carolina, Department of Natural Resources and Community 'Develop ment and Division of Environmental Management. each lot owner will have a specific 'bulit-upon Orion' an the lot which improvements can be made. 'Bull -upon area' means that portion of an Individual development lot that Is covered by Impervious or partlaly Impervious cover, including buildings, pavement. driveways, recreational facilities, etc., but not including uncovered decking. Each lot within this subdivision shall be limited to the 'bunt -upon eras' as shown on the attached Table A and Table B. Each lot shall also be subfact to the other terms and conditions as contained in the attached Table A and Table B. In addition to all lot owners of the subdlvWon being beneficiaries of this covenant, the State of North Caroline shall also be a beneficiary of this storm water run-off covenant and shall be given all rights as an individual homcownor undo thlt covenant, to enforce the above restrictions, Including the right to bring a court action at law or in equity seeking damages or an Injunction to prohibit the violation hereof. 6.5 One Building Per Lot. No more than one building above shall be constructed, Installed or permitted to remain on any one Lot, unless Declarant has specifically approved in writing the construction, installation or maintaining of more than one building on a Lot, 5.6 Signs. No sign shall be erected or maintained on any Lot, except In conformity with the following: (a) Signs visible from the exterior of any building may be lighted, but no signs shall be devised or constructed so as to rotate, blink or move In any animated fashion. Al lighted signs shall be supplied by underground power or by a means otherwise not visible and shall be externally Illuminated by,.. conventional white tights, unless otherwise approved by the ARC. (b) Signs shell be restricted to advertising only the party operating the use conducted an the Lot ar the products produced or sold thereon, (c) All signs attached to any building shall be flush mounted. No sign shall be attached to the roof of any building. All sign attached on an exterior wag shag not cover more than 15% of the area of the well it Is attached to. (d) only one (1) single faced or double faced sign shall be permitted per street frontage. No sign or combination of signs shalt exceed one (1) square foot In Brae for each six hundred (600) square feet of total Lot area. However, no sign shell exceed one hundred (100) square feet in area per face. • le) A sign advertising the sale or lease of the Lot shall be permitted in addition to the other signs listed in this section. This sign shall not exceed a maximum area of sixtean (16) square feet. (f) No ground signs shall alcoed (10) feet above grade in vertical freight. No ground sign may be erected within the first twarRy (20) feet on any Lot.as measured from the street right-of-way line as shown on the plot for the Property. (g) No sign shall be painted directly on the surface of any exterior wall, except for plant site of Jarrett Cadaratkm of Covenants Page 5 ar�K. � , Z _ PAG i Bay Boatworks• (h) One {11 construction sign not exceeding IS square feet In area, denoting the architects, engineers, contractor, and other related subjects, shall be permitted upon the commencement of construction an any Lot. (1) Any sign which Declarant may desire to use In connection with the sale or rental of any part of the Property owned by Declarant shall be permitted provided that It conforms to all applicable zoning arm ordinances and regulations. iji Subject to compliance with any applicable AreNtactural Gufdelines, special purpose signs may be used to give directions to traffic or pedestrians or to give Instructions as to special conditions, and community directional and/or identification signs may be used to give directions to and identify areas within the Property. Ik) Any sign permitted under this Paragraph must also conform to all applicable zoning ordinances and regulationa. (1) The maximum number of signs allowable on one lot Is two (2), 1 of which may be attached to the building and one of which may be free standing adjacent to Sensation Weigh. Sign may only Identify the business and provide related information concerning the business currently located on the lot. 6.7 Parking and entranco+vays. (a) No parking shall be permitted at any time on any street within the Property. The entrance for lot #1 shall be into Sensation Weigh along the southern boundary of the lot and not on Steel Tank Road. Inoperable vehicles may not remain on any lot for a period exceeding 7 days, nor may any vehicle not used In connection with the business be allowed to remain on arty lot. (b) No parking shall be permitted on any pert of the Property In violation of any applicable local laws or ordinances. In the event of any conflict between the provisions of this Declaration and such ordinances, the more restrictive requirement shall control. 6.8 Loading and Storage Areas. (a) All loading and storage areas shall be located Inside closed buildings or at the rear of the building or buildings located on the Lot at a distance at least twenty-five 126) feet from the nearest property fine,, abutting a street. With the prior written approval of the Architectural Review Committee, loading areas may be located at the side of a building provided that the entire area Is screened from view by landscaping or other appropriate screening arrangements specified by the Committee. (b) No waste materials, supplies, apparatus, finished or saml-finished products shall be stored outside any building unless those Items are appropriately screened from view and stored In appropriate containers as approved by the ARC. M All screening permitted under this Section 5.8 must be approved In writing by the Architectural Review Committee before the activity to be screened Is Initiated and before any such scrrlaning Is actually constructed of installed. 5.8 Landscaping. (al All undeveloped areas of each Lot shall be maintained free of weeds and other unsightly growth- All landscaped areas shall be maintalnerf In an attractive, well -kept conditlon. All landscaping shell be maintained so as not to create any traffic hazards. The opinion of the ARC shall be the final dotormination as to a violation of this subsection (b) As to Lot One (1), a buffer of the existing [rasa and Vagetetlon shall remain on the areas defined by those restrictions recorded in Book 832 at. 222, Carteret County Registry. � '( [.- L^ {�('�� 0 `i � f'�t.:► ram.....-.. - oeduatbn of Covenants L�+"' Page e 0 5.W Trash and Refuse Collection. All trash, garbage, refuse or other rubbish shot] be deposited only in covered sanitary containers screened from the view of the nearest street and from any adjacent Lot as provided In 5.6 (b) above. No garbage or refuse collection area or containers shell ba permitted between the adjacent street and the building ast-back line on any Lot. Itt�m 5.11 No Lot Split. No Owner shall reduce the size of or subdivide any Lot, without the approval of the ARC. 5.12 The lot designated as #20 on the plat recorded for Jarrett Bay Marine Industrial Park North, shall not be for sate and shall be landscaped and maintained by the Association to provide a location for signage as determined by the ARC and to provide an attractive and landscaped entranceway for the Marine Industrial Park. SECTION 6, VARIANCES 6.1 To avoid unnecessary hardship and/or to overcome practical difficulties In the application of the provisions of the Declaration, so long as Declarant owns one or more Lots on the Property, Doclarant may grant reasonable variances from the provisions of this Declaration. After Dederant no longer owns any Lot, the Architectural Review Committee shall have the authority to grant reasonable variances from the provisions of Sections 4 andlor 5. No variance shall materially Injure or materially adversely affect any other part of the Property or any other Owner or occupant without the written consent of every party so injured or affected. NO VARIANCE MAY BE GRANTED CONCERNING THE STORMWATER COVERAGE AREAS AS CONTAINED IN TABLE A OR TABLE B. 6.2 No variance granted pursuant to the authority of this Section 6 shall constitute a waiver of any provision of the Declaration as applied to any other party or any other part of the Property. and no variance may be granted to permit anything that is prohibited by applicable law. 6.3 All provislons of the Declaration not affected by the grant of a variance shall continue to apply with full force and effect to the Lot for which the variance is granted and to the balance of the Property. 6.4 The Architectural Review Committee shall have the right to approve alternates to or other variations from the Architectural Guldelines without the necessity of granting a formal variance. Approval of plans and specifications by the Architectural Review Committee containing Items that do not conform to the Architectural Guidelines shall constitute sufficient authority to depart from the; Architectural Guidelines. The Guldelina will be reviewed at toast once every four years and all lot owners shall be given a draft of the revisions if any and be provided an opportunity to comment at a meeting called for such purpose by the ARC prior to such guidelines becoming effective. SECTION T. LAND OWNERS' ASSOCIATION 7.1 During the process of developing the Property, Declarant may establish that certain land andlor facilities are for the common use and benefit of the Owners. The common facilities may Include, for example (but not be limited to), roadways, drainage areas and facilities, signs, landscaped areas, recreational facilities, fences, utility facilities, streams andlor open areas. Any such common areas and facilities so designated by Declarant are referred to as the "Common Property." 7.2 Declarant reserves the right, at any time while this Declaration Is In force and Declarant Is the owner of a Lot, to establish the Association to own, operate, maintain, manage, repair and replace the Common Property. Declarant may also assign or delegate to the Association any rights and duties of Declarant under this Declaratian, Inpluding, but not limited to, the right to select the members of the Architectural Review Committee.,' , 7.3 The Association' If formed, shall have the power to levy assessments by which t)te Owners shall be charged their proportionate share of the costs of maintaining and securing the Common Property and all other expenses of the Association. These assessments, If unpaid, may be s • Geefarat3onofCovaranrs I Pago 7 V " secured by filing lions on the ,Owner's Lot, The method of determining each Owner's share of the assessments shall be determined In a manner Declarant, In Its judgment, deems reasonable, and may be based upon the relative size lacreage) of the Lots, the square footage of buildings on the Lots, the values of the properties as determined by the taxing authorities, the relative benefits obtained by the Lots, or other methods selected by Declarant. The percentage of total assessment to be paid by each lot Is set forth In Exhibit C. Any unpaid assessment, whether general or special, levied by Association in accordance with these restrictions, the Articles or the By -Laws shall be a lien upon the lot upon which such assessment was levied, and shall be the personal obligation of the owner of the lot at the time the assessment fell due. 7.4 Each lot owner of any lot by acceptance of a deed for saute, whether or not it shall be so expressed In such deed, is deemed to covenant and agree to pay to the Association an general assessment,, The general assessment, together with interest, costs, and reasonable attorneys' teas, shall be a charge and lion on the land and shall be a continuing lion on the property against which each such assessment Is made, Additionally, lot owners shall be personally liable for payment of the assessment, and such liability shall continue after transfer of the lot to third parties. 7.5 Lien for Assasaments. Any general or special assessment, if not paid within thirty (301 days after the date such assessment Is due, together with interest at the rate of eighteen percent (18%) par annum, costs of collection, court costs, end reasonable attorneys' fees shall constitute a lien against the lot upon which such assessment Is levied. The Association may record notice of the some In the Office of the Clerk of Superior Court of Carteret County or file a Bull to collect such delinquent assessments and charges, The Association may Tito a Notice of III ins bring an action at taw against the owner personalty obligated to pay the same and/or bring an action to foreclose the lien against the property. No owner may waive or otherwise escape liability for the assessments provided for herein, The Ilan, as provided for herein, shall be subordinate to the lien of any mortgages or deeds of trust. Salo or transfer of any lot shall not affect the assessment Nan provided for heroin. However, the sale or transfer of any lot which Is subject to any mbr'tgage or dead of trust pursuant to a foreclosure proceeding, shall extinguish the Tian of such assessment as to the payment which became due prior to such sale or tranafer, but shall not extinguish the personal liability of the owner at the time the assessment fair due. No such safe or transfer shall retleve such lot from liability for any assessments thereafter becoming duo or from the Non thereof, but the Nona provided for shall continue;.. to be subordinate to the lions of any mortgages or deeds of trust. 7.6 Declarant may also establish a Code of Regulations for the Association governing the conduct of its affairs, the voting rights of the members (which shall not be substantially dissimilar from their proportionate shares for purposes of the esaessments), quorum and minimum voting percentages and similar matters. 7.7 Each Owner, by acceptance of a deed to a Lot, consents to the formation of an Association by Declaram, agrees to be a member of the Association, If formed, and agrees that its Lot will be bound by the covenants, conditions, agreements, assessments and liens of the nature described above when and if the Association is formed. SECTION B. MAINTENANCE All Lots and all improvements placed thereon, whether occupied or unoccupied, shall at all times be maintained In good condition and repair. SE&ION 9. TELEPRONE'AND ELECTRICAL SERVICE. All on -site eleculcal Ones and telephone lines shall be placed underground. Any transformer or terminal equipment above ground shall be screened from view from the adjacent street and any Dectaratlon of Covenants r PAGE2M Page B C adjacortt Lots, SECTION 10. EASEMENTS RESERVED BY DECLARANT 10.1 Declarant reserves for the benefit of all Owners and occupants of Lots the easements shown on the recorded plate for the Property, which Include easements for the installation, use, ; maintenance, repair and replacement of utilities end drainage systems and facilities. No Improvement may be placed on any part of the Property which will materially impede the free and normal use of I such easements, , 10.2 Declarant reserves the right of easement for itself, its successors and assigns, to enter upon the easement areas shown on the pipes of the Property In order to Install, maintain, repolr, use and/or replace pipes, wires, antennae, cables, towers, conduits and other lines, systems andlor facilities for the purpose of providing access, water, sanitary sewer, storm sewer, electrical, gee, telephone, television and other utility or quast•utplty services to any port of the Property. 10.3 All easements and rights granted and/or reserved herein are easements appurtenant, running with the land which comprise a part of the Property, perpetually In full force and effect. Such easements shall at all times Inure to the benefit of and be binding an Declarant, its successors and assigns, and any Owner, occupant, mortgagee or other party now or hereafter having any interest in any part of the Property. 10,4 All restriction, setbacks and other matters as shown on the recorded plat are Incorporated In to these restriction by reference and a yialatlon of such restriction may bs enforced by the Association as provided in these restrictlons. SECTION 11. ENFORCEMENT AND REMEDIES FOR BREACH OF COVENANTS AND RESTRICTIONS 11,1 Declarant, the Architecture) Review Committee and/or any Owner shall have the right to enforce the Covenants and Restrictions. Enforcement may be made by prosecuting any proceeding against the party or parties violating or attempting to violate any one or more of the Covenants and Restrictions. This right of enforcement shall include the right to recover damages and/or to seek injunctive relief to prevent the violation. 11.2 In addition to the tights stated In Section 11.1, Oeclarant, so long as It owns one or more Lots, andlor the Architectural Review Committee, shell have the right to enter upon any part of the Property at any reasonable time to Inspect lot a possible violation or breach of the Covenants and,., Restrictions. Where the Inspection shows that a violation or breach of the Covenants and Restrictions exists, Declarant and/or the Committee shall then have the right to abate and remove any structure, thing or condition causing such violation at the expense of the Owner of the Lot where the violation exists without any liability to such Owner for tfaspasa or any other claim resulting from such entry. 11.3 The remedies specified In this Section 11 are cumulative and do not preclude resort to any other remedy at law or In equity by any party adversely affected by any violation or breach of the Covenants and Restrictions. 11.4 In any proceeding for the enforcement of any of the provisions of this Declaration or for the restraint of a violation of any such provision, the losing patty shell pay ell of the attorney's fees and court costs of the prevailing party In such amount as may be fixed by the Court in that .� proceeding. 11.5 No delay or failure on the part of any aggrieved party to pursue any available remedy with respect to a violation of any of the provisions of this Declaration shall be held to be a waiver by such party of, or an estop at of that party to%assert, any right available to such party upon the recurrence or of, o} such violation or the occurrence of any different violation. No provision of this Declaration shalt be construed so as to place upon Declarant or any other aggrieved party any duty to take any action to enforce this Declaration. Dedaraticn or t.ovenemo Page 9 e T/ Jr P.AGL-i� � SHEERLINE INVESTMENT GROUP, I.I.C. Is specifically euthorixed to execute a document adding JARRETT SAY MARINE INDUSTRIAL PARK -NORTH as recorded in Plot Book 29 at page 429, _ Carteret County Registry, to the terms and ccindldone of this Declaration, and upon recording, sold lots will be entitled to all banefits and subject to all terms and conditions as provided lot owners Of JARRETT BAY MARINE INDUSTRIAL PARK -SOUTH In this Declaration. So long as Declarant owns one or more Lots, Declarant may add all or any pert of the Additional Property to the Property, by recording an amendment to this Declaration containing an accurate and complete description of the feet pr6party so added without the necessity of joining any other Owners as parties to such amendment. Upon the recording of any such amendment, (I} all of the provisions of the Declaration shall apply to that part of the Additional Property In the same manner as If such property had been originally covered by the Declaration and (fly all of the Covenants and Restrictlons shall run with such Additional property and shag be binding upon and Inure to the bonaflt of Declarant, ail Owners, lessees, occupants and their respective successors in Interest to any port of thatland. SECTION 13. AMENDMENTS TO DECLARATION 13.1 This Declaration may be amended for any purpose other than the purpose described above in Section 12 only by recording the desired amendments executed by not less than 75% of all of the Owners and, if Declarant still owns one or more Lots, executed also by Declarant. 13.2 No amendment of this Declaration shall fal require any change In any pro -existing structure or other Improvement which is In compliance with the provisions of Section 4 Immediately prior to the effective date of the amendment; or (by require any change In a use complying with the provisions of Section 5 as of the date immediately preceding the effective date of the amendment, without the written consent of each party so affected or required to make any such change. SECTION 14. DURATION AND TERMINATION 14.1 All of the Covenants and Restrictions contained In this Declaration are declared to be in furtherance of a general plan for the subdivision, improvement, safe and use of the Property. AV of the Covenants and Restrictions shall run with the land and shell be binding upon and inure to the benefit of Declarant, all owners, lessees, occupants and their respective Successors in Interest until January,. 1, 2028. unless amended or terminated prior to that data pursuant to the terms of this Declaration. These Covenants and Restrictlons shall be automatically extended for consecutive terms of tan years each, unloss terminated pursuant to Section 14.2. 14.2 This Declaration may be terminated with respect to all of the Property by recording a written Instrument providing for Such termination executed by not lass than 90% of the Owners and, If Declarant then owns one or more Lots, by Declarant. SECTION 15, SEVERABILITY If any provision of this Declaration Is held to be invalid by any court of competent jurisdiction, the Invalidity of such provision shall not affect the validity of any of the other provisions hareof. Ali such other provisions shall continue unimpaired In full force and effect. SECTION 1. ASSIGNMENT OF DECLARANT'S RIGHTS AND DEITIES 16.1 Doclarant may 'assign any and/or ell of its rights, powers and reservations contained horeln to any other party who will assume the dutles of Declarant pertaining to the rights, powers and/or reservations assigned. Such ecslgnment of rights, powers and/or reservations and the Dedaration of covenamr Pape 10 qoo d PAGE J`2s _...� agsumptlon of related duties by the assignee shall be set forth In writing, and such written Instrument shall be recorded. 16.2 The term "Declatent" as used In this Declaration shell Include any such assignee and such assignee's successors and assigns with respect to the rights, powers and/or reservations expressly assigned and the duties and obligations expressly assumed. SECTION 17. GENDER AND NUMBER Whenever the masculine gander Is used in this Declaration, 11 Shall be deemed to include the feminine and neuter. Whenever the singular Is used In this Declaration, it shed be deemed, where appropriate in the context used, to Include the plural, and vice verse. SECTION 18. CONFORMITY TO GOVERNMENTAL REGULATIONS 16.1 If any provision or this Declaration Is also the subject of any law or regulation establlshed by any federal, state or local government, the stricter of the two standards shall prevail. 18.2 No provision of this Declaration shall be construed so as to violate any applicable zoning laws, regulations or ordinances. If any such conflict does arise, the applicable zoning laws, regulations or ordinances shall prevail. IN TESTIMONY WHEREOF, the above partnership Grantor, limited Liability Company, or Limited Liability Partnership, has caused this instrument to be executed in the appropriate company name by duly authorized managers, and has adopted as its seal the word 'SEAL" appearing beside Its name, this sealed instrument being executed and delivered on the date first above written. WHITE WATER DEVELOPMENT GROUP, LLC ISEALi BY: JARRE7 BY - Dactar0w of Covenants Paso I Roo 5 PAC ' 14I STATE OF NORTH CAROLINA COUNTY OFCARTERET I, f�e L7C .Oj � C'tisf_t'_0 C e- _ . _, a Notary Public of the aforesaid County and State, do hereby certify that ' personalty came before me tbia day and acknowledged that he Is the manager of WHITE WATER15EVELOPMENT GROUP, LLC, and further acknowledged the due execution of this Instrument on behalf of WHITE WATER DEVELOPMENT GROUP. LLC. ` WITNESS my hand and official stamp or seal, this the day of January, 1999. ` rtta� • NOTARY PUBLIC My Commission Expires: (.1)1 a " s�{' U •C) FICIAL SEAL' Notary Public. Norm Corolkle t ounty or Cse1Na1 Renee 9. Lewr 0 �• £r STATE OF NORTH CAROLINA COUNTY Of: CARTERET 1, 1'." - we ,: is 1 !C a Notary Public of the aforesaid County and State, do hereby cenily that personally came before me this day and acknowledged that he Is the mensger af'J RRETT BAY GROUP, LLC, and further acknowledged the due execution of this instrument on behalf of JARRETT BAY GROUP, LLC. WITNESS my hand and official stamp or seal, this the LL day of January, 1999. NOTARY PUBLIC My Commission Expires: • pFFICIAt SEAL .', i - . , .:)c:c�� ,h`• >r� NoteRrF�e.Nortncerow+e s II��1 Caray��"ror � . r Rnnae9,Lowrancn NORTH CAAOUNA, CARTrrecoed ' Ttta foregoing cttrfiflralte(s} /11C�� is (afe) Carolled to be corres to. sente q WdistraIi$�,,,,,,pppppp ds offla r ©Dlsk�Hy-) clock I nie Arthur Reg ter of Deeds pptdy F.'1WM1W0,1h1AN1Mj.0tC 12f20Ne } Decteretlon of Covenants y . Papa 12 % -TABLE A- JARRETT BAY MARINE INDUSTRIAL PARK SOUTH MPERMUS-ALL EM OISTRIMM LOT q IMMMIAS AREA ROAD. .................. ... .......... .......... .......... .......... .......... .......... 1.76 ACRES I....... ........... I .......... .......... .......... .......... .......... ....... I .. .......... 0.60 ACRES 2 ....... .......... ........ .. .......... .......... .......... .. ....... .......... .......... 0.50 ACRES 3 ....... ....... .............. .......... .......... .......... .......... ... ...... . I ........ 0.90 ACRES 4 ....... .. . .............. ... .......... ... ...... .......... .......... .......... .......... IM ACRES 5— .... ...................... .......... .......... .......... .......... .......... .......... 1.20 ACRES ...... .. .......... .......... .......... .......... .......... .......... 1.10 ACRES 7 ....... ...................... .......... .......... .......... .......... .......... .......... 7.95 ACRES 8- ..... .. ..., ........ — .. .. .......... ......... .......... .......... .......... .......... 3.00 ACRES 9 ....... ....... .. I ....... .......... .......... .......... ........... .......... 5.0 ACRES 10 ...... ...................... ..... .......... .......... .......... .......... .......... 3,70 ACRES 11........ ... ...... .......... .......... .......... .......... .......... .......... 3.40 ACRES 7 12 ...... ......... ...... ..... .......... .......... .......... .......... .......... .......... 0.80 ACRES 13 ...... I ..................... ........ 11 .......... .......... . . ....... .......... .......... 0.80 ACRES 14-- .......... ........... .......... .. ....... .......... .......... ...... I ... ........... 0.80 ACRES 15.1 .... .... I ................. .... -, .. .... I ..... .......... .......... .......... .......... 0.80 ACRES 18. ............... ...... .......... .......... .......... .......... .......... .......... 1.20 ACRES ADDITIONAL 'DIVISION OF WATER QUALITY" RESTRICTIONS a. The allowable built -upon area per lot Is the acreage described above as *Impervious Area" fncluslyo of that portion of the right-of-way between the front lot line and the edge of the pavement, alructurea, pavement, walkways of brick, stone, state, but not Including wood docking, or the water surface of swimming pools.* b. The covenants pertaining to stormwetar regulations may not be changed or deleted without concurrence of the Division of Water Quality. c. Filling In or piping of any vegetative qqnveyancas (ditches, sweles, etc.) associated with the developmept except for fiveraid.drivoway crossings, Is strictly prohibited by any persons. d. Lots within CAMA's Area of Environmental Concern may have the permitted built - upon area reduced due to CAMA jurisdiction .within the AEC (jecivation of Coveniinvi Page 13 :r• . e. Each lot will maintain a 30' wide vegetated buffer between all impervious areas and surface waters. 1. Each lot will submit plans to the Division of Water Quality for approval prior to construction. The low density rules pertaining to Stormwater Management will apply. g. No lot will be of such high density that atormwater runoff threatens water quality. stlesa Additional control measures suitable for class SA waters will be required for any lot determined to be of high density. h. No direct discharges of runoff Into surface waters Is allowed. All lots will provide a minimum of 50' of vegetated lifter area at the outlet of any channefiaed flow. Declmstion of Covenants Page 14 1300 r Pacr, 14_)_ -TABLE 13- JARRETT SAY MARINE INDUSTRIAL PARK NORTH ALLOCATION OF PE SURFACE DI~ IMP IOUS SURFACE i Lot 17 ...................... .......... ......... * .......... ...........47 ACRES 120,000 SO, FEET) Lot 18...................... .......... ......... ...:................. .... .1.....27 ACRES 111,490 SCL FEET) Lot 19...................... ...... .... .......... .......... .......... .......... .40 ACRES 1117,024 SO. FEET) Lot 20...................... .......... ..... ..... ... ....... ........ .........a,..73 ACRES (9.788 SO. FEET) a. The allowable built -upon area per lot Is the acreage described above as "Impervious Area', inclusive of that portion of the right-of-way between the front lot line and the edge of the pavement, structures, pavement, walkways of brick, stone, elate, but not Including wood decking, or tho water surface of swimming pools. b. The covenants pertaining to stormwatw regulations may not be changed or deleted without concurrence of the Oivision of Water Quality, C. Filling in or piping of any vegetative conveyances (ditches, swales, etc") associated with the development except for average driveway crossings, is strictly prohibited by any persons. d. Lots within CAMA's Area of Environmental Concern may have the parmittod built - upon area reduced due to CAMA jurisdiction within the AEC. o. Each lot will maintain a 30, wide vegetated buffer between all Impervious areas and surface waters. ' BOOK_iA_5L PAGE ? Declarsdan of CovenIMI Page 16 �l' . N, , --~—~--''—^---''^--~—_^.. 1.m 2 .`---'--^---~---'—''~^..~''1m a_'_--_— ............................................ om ' 4`....................................................................... u% ......................................................................... 6 ._______~___,`^._~__---_-..cm r...... ............. —_.......................................... ,mm o........... .......... ... ............... ....................... ........ �m a....... -....... ....... ............. -'_...... .................. 10% � 10 .................................... --^^--.-.--..'n% ,t-----_...-........................................... p% 12 .__.__.____,~___^~------1m 13 ....^...........................��'. 1% 14 .`-~--------~''~--~~'_-.. 1v* is.................... ......... -^'........ ...................... —Iv^ 16 .................. .................................... —............ r% 1r......... ......... ........ --'—~'1m 1o.......................... ~~'^~-^—'~ 1% .................. 19 ...................................... . ^~~~^~-~--.-um uu'.-~-'-`-----~--~--^^---'^^,% Jarrett Say Group ............................................... .nxm ~IW="D0"L0=Ar, Km""=" 04cfar"manwo="="" Pogo Is , Permit Class MODIFICATION/MINOR Permit Number 131-06 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastat-Resources Commission Vqm tt for X Major Development in an Area of Envirotitnental Concern pursuant to NCGS i 13A-118 X Excavation and/or filling pursuant'to NCGS 113-229 Issued to Moores Marine Boatyard & Boatworks. Inc.. 1501 Sensation Weigh, Beaufort, NC 28516 Authorizing development in Carteret County at' Adi. to the AIWW; Core Creek, 1504 Sensation Weigh, Beaufort , as requested in the permittee's application dated 3/18/13, including the t attached work plari drawings (6), 4 dated 3/18/1'3, 1 dated revised 3/_18/13, andl dated 5/10/13 This pertnit, issued on__ May 14, 2013 _ _ '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 subiect to fines, itnorisonnient or civil action: or tnav cause the permit to,be null and void. 1) . Unless specifically altered herein, this minor modification authorizes the reconfiguration and the additional dredging of the previously authorized docking facility as specifically set forth in the:attached work plari drawings. No other additional structures, whether floating,or stationary,.shall ,become a p6manent part of this'docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. 2) Excavation within the travel lift area shall not exceed —9 feet below the normal low water -level. In no case shall the depth of excavation exceed the depth - of connecting waters. 3) No.excavation shall take place outside the area indicated -on the attached workplan drawings. (Please see attached sheet for Additional Conditions). This pcirnit' -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,th'e.1case maybe, , 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 hereunder requires further Division approval All ,work must cease when"=the permit expires'on Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. Braxto Kt, Davis, Director ivision of Coastal Management This permit and its conditions are hereby. accepted. December 31, 2013 ' In issuing. this permit; the State of North Carolina agrees .that,your project is consistent with;the North Carolina Coastal Management`Program. Signature of Permittee Moores Marine Boatyard & Boatworks, Inc. Permit # 131-06 Page 2 of 2 ADDITIONAL CONDITIONS Shellfish Sanitation 4) .The waters adjacent to the permitted project are classified by the Marine. Fisheries Commissions as Conditionally'Approved-Closed". The construction and/or operation of the authorized facilities shall not directly result in a permanent closure of these'conditionally approved waters. Any, such permanent closure directly, attributable to the'authorized facility shall require that the,permittee undertake remedial' actions to remedy the situation. Such actions may include, but are not limited to, a.removal of any unauthorized slips or mitigative measures to reduce or eliminate the cause(s) of the closure. . 5) In order to satisfy: concerns of the N.C, Shellfish Sanitation and Recreational Water. Quality Section and in order'to not result in a reclassification.of the adjacenfwaters, the two main floating docks/boat slips. shall maintain a minimum•distance of 100 feet from adjacent dockage on the adjacent properties located to the north and'south. Additionally, no more than ten boats shall be docked at the facility at any one time. General' 6) This permit does not eliminate the need to obtain any additional:.state, federal.or local permits, approvals„ ..or authorizations that may be required, including any authorization, needed' from the N.C.. Division of Water Quality. 7) This minor modification shall be attached to the original Permit No. 131-06, which -'was issued on 10/18/06, as well as all subsequent modifications, transfers, refinements and renewals, and copies of all documents shall be readily available on site when Division personnel inspect the project for compliance. 8) All conditions and stipulations of the active permit remain in force under this minor modification unless specifically altered herein. r Nj _ ' t • p� •1 r • _ i A �' I � lf•• :.�"•��_ its � �• - � ` *`� a JA k M a • , f 1p .iI , R .•' M 1 � rrN 14— r . aAf • . r l 's r u Ix 1 4 - -�r a r• a u � C7Y-- a CN r r-� F 1 IECENVE AUG 2 7 2019 I� CEI !!R E VEIRI ►� i i,'tir [ 12019 17 Immop r ECEIVE AUG 1 7 2019 Ya(, • File an Annual Report/Amend an Annual Report • Upload a PDF Filing • Order a Document Online - Add Entity to My Email Notification List • View Filings • Print a Pre -Populated Annual Report form • Print an Amended a Annual Report form Limited Liability Company Legal Name Moores -Smith Marine Enterprises, LLC Information Sosid: 1281530 Status: Current -Active Annual Report Status: Current Citizenship: Domestic Date Formed: 10/5/2012 Registered Agent: Smith, Stephanie Addresses Reg Office 1201 Sensation Weigh Beaufort, NC 28516-7692 Principal Office 1501 Sensation Weigh Beaufort, NC 28516-7761 Company Officials Reg Mailing 1201 Sensation Weigh Beaufort, NC 28516-7692 Mailing 1501 Sensation Weigh Beaufort, NC 28516-7761 All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20. Member James P Moores 1201 Sensation Weigh Beaufort NC 28516 Manager Stephanie Smith 1201 Sensation Weigh Beaufort NC 28516 DECEIVE AUG 2 7 2019 ;4 NORTH C, ROLINA, CARTER COUN r �I� � f431215 Thig tristrunwt and Bth co ifie tp are duly fog, a. ft date am time and In the BOO* and Pne xhown FOR REG ISTRRT ION REGt&TER OF IFIDS on the l at Jay L64F V Q ,,41�'at GWnny• K — r�„I n peLllmber 212017 07 :P 2 ; FEE: M.00 NC REVM STAMP; 51570.00 Q.fa,� Mason FILE 11431211 NORTH CAROLINA LIMITED/GENERAL WARRANTY DEED* (*Limited Warranty as Co -Executors; General Warranty as to Dona A. Styron, Karen F. Sherrill, formerly known as Karen F• Humbert and Austin Humbert) Excise Tax: S 1,57D.00 Recording Time, Book and Page Parcel ldenti fier No. 6399.04,51.1644000 This instrument was prepared by. Davis, Murrelle, Lyles & Huber, P.A., P.Q. Box 3605, Morehead City, NC 28557 THIS DEED made this l9th day of December, 2012, by and between GRANTOR Rocky W. Johnson and Charles David DuBuisson, as Co -Executors ofthe Estate of James R. Flynt, Jr., deceased, and Dona A. Styron, unmarried, whose address is P.O. Box 465, Beaufort, North Carolina 28516, Karen F. Sherrill, formerly known as Karen F. I lambert and spouse, George Sherrill, whose address is 9 Mortimer Place, Huntington, West Virginia, 25701, and Austin Humbert, unmarried, whose address is 80 Lafayette St. 01702 E., New York, New York 10013 GRANTEE Moores -Smith Marine Enterprises, LLC, whose address is 1201 Sensation Way, Beaufort, North Carolina 28516 The designation Grantor and Grantee as used herein shall include said parties, their heir, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt ofwhich is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land and more particularly described as follows. Lying and Being in Beaufort Township, Carteret County, North Carolina and being particularly described as follows: Being all of Lot Eleven-B (11B), as depicted on that plat entitled "Recombination Plat Lot I IA and I I Jarrett Bay Marine Industrial Park South". Prepared by Atlantic Coast Professional Surveying, P.A., dated December 29, 2000 and recorded in Map Book 29, Page 862, Carteret County Registry, Also known as 1501 Sensation Way, Beaufort, North Carolina29516. B001K%2LPAGE�1 nO EGEVVE' AUG 2 7 2019 All or a portion of the property hereinabove described was acquired by Grantor by instrument recorded in Book 913, Page 6118, Carteret County Registry. The above described property ❑ does ® does not include the primary residence of the Grantor. To have and to hold the aforesaid lot, tract ofparcel of land, and all privileges and appurtenances thereto belonging, tothe Grantee in fee simple. And Charles David DuBuisson and Rocky W, Johnson, as Co -Executors of the Estate ofJames R. Flynt, Jr., deceased, execute this deed to intentionally release the property conveyed hereby from the duties and requirements ofthe administration of the Estate o0ames R. Flynt, deceased (sec Estate file number 11-E-608, 01£tce of the Probate Clerk of Corm, Carteret County), including the claims of estate creditors if any, and they do warrant to Grantee that they have done nothing to impair the title ofthe property conveyed by this instrument during their authority as Co -Executors of said estate. E xcept for the limitations set forth below and as may be recited within the property description, Dona A. Styron, Karen F. Sherrilt, formerly known as Karen F. Humbert and Austin Humbert covenant with the Grantee that they are seized of the premises in fee simple; that they have the right to convey the same in fee simple; that title is marketable and free and clear ofall encumbrances; and that Grantor will warrant and defend the title against lawful claims of all persons whomsoever. Title to the property heminabove described is subject to the following exceptions: Restrictive Covenants recorded in Book 845, page 741; Book 845, page 743 and Book 863, page 485, and as further amended, Carteret County Registry. Easement recorded in Book 1050, page 45, Carteret County Registry. Public utility easements of record. IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals, or if corporate, has caused this Instrument to be signed In its corporate name by Its duty authorized offlcer(s) the day and year first above written. Estate of James R. Flynt, Jr. By: i C�iHtCU L) Charles David DuB , Co -Executor (SEAL) Karen F. Sherrill (SEAL) George Sherrill (SEAL) Rocky on, Co -Executor tin Humbert (SEAL) Dona A. Styron State of COUNTY I certify that ntei ur sSehitl personally appeared before me this day, each acknowledging to me that he or she signed the foregoing document'. North Carolina Urnited/General Warranty Deed. Witness my hand and officiat stamp or seal, this the --'261*-,iav of 0Z& %A.Ie 1 u- .2012. My Commission Expires , :2& 13 tr �vd Mqs o. . kiO ooTAAY C, PUBOr-, Notary Public Print Notary Name: BOOK R LPAGE;;01 ECIENV AUG 2 7 2019 State of 99A &i!VA.A)k, is 4241WEL COUNTY I certify that r2bC is IU 'W• 7 personally appeared before me this day, each acknowledging to me that he or she signed the foregaidg document North Carolina Limiwl/General Warranty Deed. Witness my hand and official stamp or $eal, this the, tVeAmA e♦ey 2012. lof Notary Public N0TAy R Print Notary Name: � � A-Y.P I 9 pI./BLIG �' _ CAI&Q J± LINTY unu�tnun++' I I certify that 1),00 { t A. { H tE' d► 4 personally appeared before me this day, each acknowledgingto me that he or she silaod the flu ing docur&at: North Carolina Limitc&General Warranty Deed. Witness my hand and official stamp or seal, this the y of Mg {a Oy- , 2012, My "ritwaa'T/"�4 - - S'0 NotaryPublic tA07AH Y Print Notary Name: �-f,i/• 1�jtgSGvV � 4U$LIG G _ S COUNTY COON ..� I certify uwnaoto0 personally appeared before me this day, each acknowledging to me that he or she signed the foregoing document: North Carolina Limited/General Warranty Deed. Witness my hand and official stamp or seal, this the day of .2032. My Commission Expires: Notary Public Print Notary Name: State of COUNTY I cenify thal personally appeared before me this day, each acknowledging tome that he or she signed the foregoing document: North Carolina Limited/Gencral Warranty Deed. Witness my hand and official stamp or seal, this the _ day of . 2012, My Commission Expires: Notary Public Print Notary Name: State of cOUNTY I certify that personally appeared before me this day, each acknowledging to me that he or she signed the foregoing document: North Carolina Limited/Gencral Warranty Deed. Witness my hand and official stamp or seal, this the day of .2012. My Commission Expires: Notary Public Print Notary Name: BQOKLA-LLPAGE„:�n1 EC;EBV � AUG 2 7 2019 NORTH CAROLIN& CARTERETCOUNT', This InlltrUfnent And thla �1� � I�'��� 00ronCgte are duty MOO b: the date and VMS and In the dDOk and Peg _h, on the Ault p"s hentiol. arlO e, RegEataf FOR REOISTRRTION RECISTER OF DEEDS Joy Leyrano* Csr 4ret Courtly, NC Decemer 21, 2012 02:42:30 PM aReo�r►aftsedr LDL DIT 13 P Prepare! By and Return to: FEE: 356.00 FILE 1r 1431272 DEED OF TRUST MASON & MASON P.A. COLLATERAL IS OR INCLUDES FIXTURES RECORDATION REQUESTED BY: Flrst.CRlaana Bank 6 Trust Company, Morehead City Main Office , do Low Servicing Department - DAC20, P.O. Box 26592, Raleigh, NC 27611-6592 WHEN RECORDED MAIL TO: First Citizens Bank , Loan S*Mcing Department-DAC20, PO Box 28592, Raleigh, NC 27611-6502 SEND TAX NOTICES TO: MOORES-SMITH MARINE ENTERPRISES LLC ' 1201 SENSATION WEIGH' BEAUFORT NC 20515 This Deed of Trust prepared by: % T RICCr8OR OODOOOODOOOo0O000010S512t820120D60O00ODO00001 THIS DEED OF TRUST Is deed December 21, 2012, smong MOORESSMITH MARINE ENTERPRISES, LLC WHOSE ADDRESS 13 1201 SENSATION WEIGH, BEAiJFDRT NC 2651E ("Grantor"); First -Citizens Bank 8 Trust Company , whose address is Morshaad City Main Office , do Loan Servicing Department • DAC20, P.O. Boa 28592, Raleigh, NC 27611.6502 (referred to below sometimes as 'Lander" and sometimes is "Benaficlory"); and Neu", Incorporated, whose address Is 100 East Tryon Road, RsWgh. NC 27603 (referred to below as "Trust**-). CONVEYANCE AND GRANT, NOW, THEREFORE, as security for the Indebtedness, advancements and other sump expanded by the Bena6c*y pursuant to this Dead of Trust and costs of collection oncluding attorneys' fees at providsd In the Note) and other valuable consideration, the r*ealpt of which is horaby ockoowVedged. Grantor has bargained, sold, given, greeted and convoyed and does by these Presents bargain, sell, give, grant and convey to Trustee, and Trustee's heirs or eLCCaaeera and assigns, for the benefit of Lander as Baneficisry, all of Grantor's right, title, and interest in and to the following described real property, together with all existing or subsequently created or affixed buildings, Improvements and fikturas; all easements, rights or way, and appurtenances; all water, water rights and ditch rights (inciudhhg stock In utlfitfes with ditch or Irrigation rights}; and all other rights, royalties, and profit$ relating to the real properly, Inducting without limitation at minerals, all, gas, geothermal and similar matters. (the "Real property") located In CARTERET County, State of North Carallnir. See the exhibit or other description document which is attached to this Deed of Trust and made a put of this Dead of Trust as 'd fully set forth herein. The Real Property or Its address is commonly known as 1501 SENSATION WEIGH, BEAUFORT, NC 28518, The Real Property tax id"fification number Is 6399045116AA0O0. To have and to hold said Reef Property with all privileges and appurtenances thansunto belonging, to the Trustee, his heirs, successors and assigns forever, upon the trusts, forms and conditions and for the utras hereinafter met forth. Grantor presently assigns to Lender (also known as Senefioiary In this Deed of Tryst} 94 of Grantor's right. title, and interest in and to all presehl and future leases o1 the Property and all Rents from the Property. in addition, Grantor grants to Lander a Uniform Commercial Code security interest in the Personas Property and Refits. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) B0002�_PAGE a .. EGER E AUG 2 7 2019 0 i TARTH Ia InSW at�UM ttd917BAMtaW duly fled c+i D,e data end tlrrte and In 80* WW pap FIU # 1*273 ftfs ,RAM d FOR REeISTRATION RE;ISTER OF DEEDS J: CarrterYet Cana Lawrwnoe Y, NC -�t�r4owel a Derabe[ F 2012 02:42:30 PM LDL RSGKT I P PmPared By and Retum to: FEE: 1126.0e WSON & MASON PA FU 11431273 ASSIGNMENT OF RENTS RECORDATION REgUESTED BY: First-ClOaens Bank i Trost Company , Morehead City Main Otrlce , 'Jo Loan SsMdng Department - OAC20, P.O. Box 26592, Raleigh, NC 27011-6592 WHEN RECORDED MAIL TO: Kral Ctftam Bank , Loan Servtdng Department-OAC20, PO Box 26592, Raleigh, NC 27611.6592 SEND TAX NOTICES TO: MOORESSMITH MARINE ENTERPRISES, LLC ; 1201 SENSATION WEIGH: BEAUFORT. NC 20516 This ASSIGNMENT OF RENTS prepared byr x ERIC GREGSON OOGOOOOODOCOOOOOOo10B5121a2012OD00D000DD0D0o1 THIS ASSIGNMENT Of RENTS dalad December 21, 2011 la made and executed between MOORES-SMITH MARINE ENTERPRISES, LLC WHOSE ADDRESS la 1201 SENSATION WEIGH, BEAUFORT NC 26915 (referred to below as "Grantor) and First -Citizen Bank d Trust Company , whose address Is do Lam Servicing Department • DAC29, P.D. Bar 26592, Ralslgh, NC 276114592 (referred to below as "Lender"). ASSIGNMENT. For valuable consideration, Grantor hereby assign., grants a continuing security Interest in, and conveys to Lander aft of Grantors rfpt, title, and Interest In and to the Rants from the following described Property tecats0 In CARTERET County, State of North Carolina: See the exhibit or other deacrtptien document which Is attached to thla Assignment and made a part at this Assignment as If tufty set forth herein The Property or Its address is commonly known as 1501 SENSATION WEION, BEAUFORT, NC 20s16. The Property tea Identification number Is 639904511644000. THIS ASSIGNMENT IS GIVEN TO SECURE (1) PAYMENT OF THE INDEBTEDNESS AND (21 PERFORMANCE OF ANY AND ALL OBLIGATIONS OF GRANTOR UNDER THE NOTE, THIS ASSIGNMENT, AND THE RELATED DOCUMENTS, THIS ASSIGNMENT IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Assignment Or any Rotated Documents, Grantor shelf pay to Lender air amounts secured by this Assignment as they Oaten" duo, and than strictly perform al. of Grantors obligations under Due Assignmanl. Untass and until Lender exercises Its right to e0hea the Rents as provided below ana so berg as there to no default under this Aasignment, Grantor may remain in powsslon and control of one operate and manage the Properly and colaci the Rents, provided that the granting of the right t0 Collect Vie Rents shall not coriaNute Lander's Content to the Use Of Cash Collateral in a bankrUptcy proceeding. GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grantor warrants that: Ownership. Grantor is entitled to receive the Rents free and War of all rights, loans, Oens, encumbrances. and daens except as d:sdomW to are accepted by Lender in writing. Right to Assign, Grantor has the NO right, power and oulhonty to enter Into this Assignment and to assign and convey the Rents to Lender. BOOKAL)LPAGE 6 FEE CA =7 FV E ROMAUG 2 7 2019 6) Burd, Tina J From: Burd, Tina J Sent: Tuesday, September 17, 2019 8:32 AM To: beaufortmarinecenter@gmail.com; marekyd@ec.rr.com Subject: SW8 190814 - Beaufort Marine Center Attachments: SW8 190814 - Beaufort Marine Center.pdf The Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (Stormwater Section) completed their review of the Express Stormwater Permit Application for the subject project. Attached is the cover letter and permit issued on September 12, 2019 that will be mailed separately, along with any other supporting documents. Please direct any questions to your reviewer. Best Regards, Tina Burd Administrative Associate II Wilmington Regional Office Division of Environmental Assistance & Customer Service Phone 910-796-7215 NCDEQ Wilmington Regional Office 127 Cardinal Drive Ext. Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Hall, Christine From: Hall, Christine Sent: Thursday, September 12, 2019 4:51 PM To: marekyd@ec.rr.com Subject: RE: [External] Beaufort Marine Center SW1 & SW2 w MHW etc in color Since you gave permission, I will go ahead and make the change. Thank you! Christine Hall Environmental Engineer Division of Energy, Mineral and Land Resources - State Stormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7335 direct christine.hall@ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 Nothing Compares,-, Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: marekyd@ec.rr.com <marekyd@ec.rr.com> Sent: Thursday, September 12, 2019 4:16 PM To: Hall, Christine <Christine.Hall @ncdenr.gov> Cc: marekyd@ec.rr.com Subject: RE: [External] Beaufort Marine Center SW1 & SW2 w MHW etc in color Here is corrected page 3. Buildings as 8822 sf, and future as 170 sf. I am okay with you changing the 9 into a 7 in the 190 future listing in the title column bua table so that they read 170. Or I have one set of my own that I can hand correct and drop off this afternoon. Or I can come in and change all four sheets, the two SW1'ss and two SW2's. Bruce From. Hall, Christine <Christine.Hall @ncdenr.gov> Sent: Thursday, September 12, 2019 12:07 PM To: marekyd@ec.rr.com Cc: Weaver, Cameron <cameron.weaver@ncdenr.gov>; Jim Moores <iamespmoores@aol.com>; Beaufort Marine Center <beaufortmarinecenter mail.com> Subject: RE: [External] Beaufort Marine Center SW1 & SW2 w MHW etc in color Bruce, In looking closer at the BUA numbers listed in Section IV.10 of the application and on SW-2, Rev 1, there is a slight difference in the amount of buildings. The plan sheet says 8,822 sf while the app says 8,820 sf. Also, the sum of the BUA in Section IV.10 of the application doesn't add up to the total allowed by SW8 980926. Can you double check the BUA? Christine Hall Environmental Engineer Division of Energy, Mineral and Land Resources — State Stormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7335 direct christine. hallancdenr.gov 127 Cardinal Drive Ext, Wilmington, NC 28405 Nothing Compares --,,- Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From..marekvd@ec.rr.com <marekyd@ec.rr.com> Sent: Monday, September 09, 2019 10:15 AM To: Hall, Christine <Christine.Hall@ncdenr.gov> Cc: Weaver, Cameron <cameron.weaver@ncdenr.gov>; marekyd@ec.rr.com; Jim Moores <iamespmoores@aol.com>; Beaufort Marine Center <beaufortmarinecenter@gmail.com> Subject: RE: [External] Beaufort Marine Center SW1 & SW2 w MHW etc in color Hi Christine, My response to your add info letter dated 9-5-19 for Beaufort Marine Center, interrupted by Hurricane Dorian, is as follows. 1. You are correct that my lat-long is incorrect. Correct Latitude is 34 deg 48' 14.26" N, not 38 deg 34' 13.99' N. That would have put the site near Prince Frederick, MD. Using the boatshop building, I get a longitude of 76 deg 41'04.30" W. That is very similar to what I indicated before. I have corrected page 1 of the application. am not even going to try to guess how I got in Maryland, however it is not far from where the EX -Presidential Yacht SEQUOIA will be transloaded onto an ocean going barge for a trip to Maine in the next few weeks. 2. Carteret County Deed Book 845 page 741 is a 16 page document relating to the restrictive covenants of Jarrett Bay Marine Industrial Park. Number 5.4'on page 5 of 16 is what deed restricts the subdivision. You are correct that that document, Table A, page 12 of 16 lists Lot 11 as 3.4 acres impervious, without a break out. That deed is dated January 15, 1999. Furthermore, page 13 of 16 indicates "The covenants pertaining to the Stormwater Regulations may not be changed without the concurrence of the Division of Water Quality." Attached with this e-mail is a scan of a Jarrett Bay Marine Industrial Park Impervious Table that I made a copy of during a file review of SW8-980926. The DWQ date stamp is mostly cut of, my bad, possibly indicating a date of April 14, 2005. The table includes the split out of Lot 11A as 1.4 ac impervious and Lot 11B as 2.0 ac impervious, That predates Moores -Smith purchase of Lot 118. While an individual stormwater permit was not sought by the prior owner, the prior owner as Core Creek Marin Haul -Out Facility did procure a CAMA Major Permit, #131-06, that indicated the 2.0 acre impervious deed restriction. Indeed my 3-18-13 CAMA Minor Modification drawing C2, top middle "Site Data" indicates this 87,120 sf = 2.0 ac impervious allotment. The minor mod -was approved 5-14-13. I feel that between the CAMA permit impervious limitation, based on the Jarrett Bay Marine Industrial Park (Stormwater SW8-980926) Impervious Table (2005), the Deed Book 845-741 Covenants and Restrictions, the December 212012 Moores Smith Deed Book 143, page 271 purchase of Lot 11B , which refences back to the Book 845 page 741 and subsequent deeds, AND, this self -procuring of an individual stormwater permit with the same 2.0 ac impervious limitation is sufficient environmental protection of the site/for the state. Please note that Lot 11A is now or formerly owned by Gregory Poole Equipment Company, which I/we have legal authority over. Likewise, in my initial permit research for Mr. Moores, we visited the offices at Jarrett Bay Marine, a boatyard/boatbuilding facility. One of the yard owners on site that day did talk to us about the SW8-980926 permit and the need for adherence to it, I did not come out of that meeting that doing any modification or update to their permit would be easy. They certainly did not seem willing to pay for engineering services to change their permit, and I do not personally do not want/need to be the Engineer of Record for the entire Jarrett Bay Marine Industrial Park at this late stage of my career. 3. In talking to Mr. Jim Moores this morning, I will leave the concrete Travel Lift apron on sheet SW2, and submit the two additional copies of CAMA Drawing C2 seal dated 3-18-13 that indicates grading. The 10,750 sf will be removed from the "Future Impervious" and changed to "Other On -Site" Impervious. I will make these changes to page 3 of the application and to both the Permit BUA box on both sheets SW1 and SW2. This will take one more trip down to McGees and back to this side of town. I'll have it back in to you somewhere around lunch time. This also gives me the opportunity to put the SW8-190814 permit number on the drawings. 4. This becomes a moot point as per #3 1 am making the requested changes and will be plotting/sealing new drawings, both seal dated today, 9-9-19. 5. Thank you! Bruce Bruce Marek, P.E. From: Hall, Christine <Christine.Hall (a ncdenr.gov> Sent: Thursday, September 5, 2019 3:29 PM To: marekvd@ec.rr.com; beaufortmarinecenter@gmail.com Cc: Weaver, Cameron <cameron.weaver@ncdenr.gov> Subject: Re: [External] Beaufort Marine Center SW1 & SW2 w MHW etc in color Bruce, Thanks for the attempt! The office closed to the public at noon yesterday. If the office is unscathed after the storm passes, it is expected to re -open on Monday. I did bring a some work home with me to keep me going on a few of outstanding projects. This was one of the projects I brought with me. In addition to the edits you've made to the site plans, there are just a few administrative details that need to be addressed. Please see the attached pdf of the request for additional information for this project. Please let me know if you have any questions or concerns. Also, please remember to label any packages delivered or dropped off as "Express". Thank you and stay safe! Christine Hall Environmental Engineer Division of Energy, Mineral and Land Resources — State Stormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7335 direct christine.hall anncdenr.aov 127 Cardinal Drive Ext. Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: marekyd@ec.rr.com <marekvd@ec.rr.com> Sent: Wednesday, September 4, 2019 2:06 PM To: Hall, Christine <Christine.Hall@ncdenr.gov> Cc: marekvd(@ec.rr.com <marekvd@ec.rr.com> Subject: [External] Beaufort Marine Center SW1 & SW2 w MHW etc in color Hi Christine, I tried to drop the 24"x36" color sealed originals of the Beaufort Marine Center Stormwater drawings SW1 & SW2 to replace the 11x17 black and white ones that I submitted last Tuesday. But, you guys were already closed for the hurricane. I'll drop them back next week, but just in case something happens and my stuff gets destroyed, and you are back at work doing the review, I did want you to at least have the color pdf's that have my seal on it. Stay safe. I'll be in touch when this one is in the books. Bruce Bruce Marek, P.E. S489 Eastwind Rd Wilmington, NC 28403 910-799-9245 910-228-2484 Hall, Christine From: marekyd@ec.rr.com Sent: Monday, September 09, 2019 10:15 AM To: Hall, Christine Cc: Weaver, Cameron; marekyd@ec.rr.com; Jim Moores; Beaufort Marine Center Subject: RE: [External] Beaufort Marine Center SW1 & SW2 w MHW etc in color Attachments: SW8-980926 Jarrett Bay Marine Industrial Park Stormwater Allocations -Possibly April 14 2005 Showing Breakdown of 11A 1.4 ac and 116 2.0 Ac.pdf; Jarrett Bay Deed Book 845 Page 741 1-16.pdf; 1431271.pdf Hi Christine, My response to your add info letter dated 9-5-19 for Beaufort Marine Center, interrupted by Hurricane Dorian, is as follows. You are correct that my lat-long is incorrect. Correct Latitude is 34 deg 48' 14.26" N, not 38 deg 34' 13.99' N. That would have put the site near Prince Frederick, MD. Using the boatshop building, I get a longitude of 76 deg 41'04.30" W. That is very similar to what I indicated before. I have corrected page 1 of the application. I am not even going to try to guess how I got in Maryland, however it is not far from where the EX -Presidential Yacht SEQUOIA will be transloaded onto an ocean going barge for a trip to Maine in the next few weeks. Carteret County Deed Book 845 page 741 is a 16 page document relating to the restrictive covenants of Jarrett Bay Marine Industrial Park. Number 5.4 on page 5 of 16 is what deed restricts the subdivision. You are correct that that document, Table A, page 12 of 16 lists Lot 11 as 3.4 acres impervious, without a break out. That deed is dated January 15, 1999, Furthermore, page 13 of 16 indicates "The covenants pertaining to the Stormwater Regulations may not be changed without the concurrence of the Division of Water Quality." Attached with this e-mail is a scan of a Jarrett Bay Marine Industrial Park Impervious Table that I made a copy of during a file review of SW8-980926. The DWQ date stamp is mostly cut of, my bad, possibly indicating a date of April 14, 2005. The table includes the split out of,Lot 11A as 1.4 ac impervious and Lot 11B as 2.0 ac impervious. That predates Moores -Smith purchase of Lot 11B. While an individual stormwater permit was not sought by the prior owner, the prior owner as Core Creek Marin Haul -Out Facility did procure a CAMA Major Permit, #131-06, that indicated the 2.0 acre impervious deed restriction. Indeed my 3-18-13 CAMA Minor Modification drawing C2, top middle "Site Data" indicates this 87,120 sf = 2.0 ac impervious allotment. The minor mod was approved 5-14-13. I feel that between the CAMA permit impervious, limitation, based on the Jarrett Bay Marine Industrial Park . (Stormwater SW8-980926) Impervious Table (2005), the Deed Book 845-741 Covenants and Restrictions, the December 212012 Moores Smith Deed Book 143, page 271 purchase of Lot 11B, which refences back to the Book 845 page 741 and subsequent deeds, AND, this self -procuring of an individual stormwater permit with the same 2.0 ac impervious limitation is sufficient environmental protection of the site/for the state. Please note that Lot 11A is now or formerly owned by Gregory Poole Equipment Company, which I/we have legal authority over. Likewise, in my initial permit research for Mr. Moores, we visited the offices at Jarrett Bay Marine, a boatyard/boatbuilding facility. One of the yard owners on site that day did talk to us about the SW8-980926 permit and the need for adherence to it, I did not come out of that meeting that doing any modification or update to their permit would be easy. They certainly did not seem willing to pay for engineering services to change their permit, and I do not personally do not want/need to be the Engineer of Record for the entire Jarrett Bay Marine Industrial Park at this late stage of my career. 3. In talking to Mr. Jim Moores this morning, I will leave the concrete Travel Lift apron on sheet SW2, and submit the two additional copies of LAMA Drawing C2 seal dated 3-18-13 that indicates grading. The 10,750 sf will be removed from the "Future Impervious" and changed to "Other On -Site" Impervious. I will make these changes to page 3 of the application and to both the Permit BUA box on both sheets SW1 and SW2. This will take one more trip down to McGees and back to this side of town. I'll have it back into you somewhere around lunch time. This also gives me the opportunity to put the SW8-190814 permit number on the drawings. 4. This becomes a moot point as per #3 1 am making the requested changes and will be plotting/sealing new drawings, both seal dated today, 9-9-19. 5. Thank you! Bruce Bruce Marek, P.E. From: Hall, Christine <Christine.Hall@ncdenr.gov> Sent: Thursday, September 5, 2019 3:29 PM To: marekyd@ec.rr.com; beaufortmarinecenter@gmail.com Cc: Weaver, Cameron <cameron.weaver@ncdenr.gov> Subject: Re: [External] Beaufort Marine Center SW1 & SW2 w MHW etc in color Bruce, Thanks for the attempt! The office closed to the public at noon yesterday. If the office is unscathed after the storm passes, it is expected to re -open on Monday. I did bring a some work home with me to keep me going on a few of outstanding projects. This was one of the projects I brought with me. In addition to the edits you've made to the site plans, there are just a few administrative details that need to be addressed. Please see the attached pdf of the request for additional information for this project. Please let me know if you have any questions or concerns. Also, please remember to label any packages delivered or dropped off as "Express". Thank you and stay safe! Christine Hall Environmental Engineer Division of Energy, Mineral and Land Resources — State Stormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7335 direct christine.hall@ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: marekyd@ec.rr.com <marekyd@ec.rr.com> Sent: Wednesday, September 4, 2019 2:06 PM To: Hall, Christine <Christine.Hall@ncdenr.gov> Cc: marekyd@ec.rr.com <marekyd@ec.rr.com> Subject: [External] Beaufort Marine Center SW1 & SW2 w MHW etc in color Hi Christine, I tried to drop the 24"x36" color sealed originals of the Beaufort Marine Center Stormwater drawings SW1 & SW2 to replace the 11x17 black and white ones that I submitted last Tuesday. But, you guys were already closed for the hurricane. I'll drop them back next week, but just in case something happens and my stuff gets destroyed, and you are back at work doing the review, I did want you to at least have the color pdf's that have my seal on it. Stay safe. I'll be in touch when this one is in the books. Bruce Bruce Marek, P.E. 5489 Eastwind Rd Wilmington, NC 28403 910-799-9245 910-228-2484 4 ROY COOPER Governor M[CHAEL S. RECAN Secretary S. DANIEL SMITH NORTH CAROLINA Director Environmental Quality September 5, 2019 Via email only: heaufortmarinecenterf&,email.com Moores -Smith Marine Enterprises. LLC Attn: Stephanie Smith, Manager 1201 Sensation Weigh Beaufort, NC 28516 Subject: Request for Additional Information Stormwater Project No. SW8 190814 Beaufort Marine Center Carteret County Dear ,Ms. Smith: The Wilmington Regional Office received and accepted an Express State Stormwater Management Permit Application for the subject project on August 27, 2019. A preliminary in-depth review of that information has determined that the application is not complete and that additional information is needed. To continue the review, please provide the following additional information: Vl. 15A NCAC 02H.1042(2)(d): Please check the latitude and longitude provided in Section 1.4 of the application for accuracy. 2. 15A NCAC 02H.1042(2)(k): The recorded deed restrictions included in the submittal package identifies a single allocation to Lot 1 1 and does not divide out the allocation to Lots 1 1 A and 1 1 B. Please either provide the recorded deed restriction that specifies the amounts allocated to f7 Lots 1 I and 1 1B, provide a drafted proposed document limiting the allocations on these lots. or provide an explanation as to why this is unnecessary. l5A NCAC 02H .1042(2)(g): The future built -upon area (BUA) allocation includes BUA for a travelift pier and access. However, the revised plans sent via email on September 4. 2019 now includes these improvements. Please decide if it desired to consider this feature as a proposed improvement or as part of the future allocation. if it is desired to include this feature as part of this permit action, then please provide the grading details in addition to the extent of the built - upon area shown on the revised site plan sent via email. This can be accomplished by providing two additional copies of the C2 plan submitted and approved by CAMA. If it desired to keep the built -upon area associated with this feature as part of the future allocation, please remove the improvements from the site plan. If left as part of the future allocation, when the plans are finalized or ready for construction, a minor modification would need to be submitted to document the built -upon area and proposed grading. ✓4 15A NCAC 02H.1042(2)(g)(iii): As discussed in the submittal meeting, the two copies of the plans provided did not identify the 30-foot vegetated buffer and had mis-matched scales. The plan sheets sent via email on September 4, 2019 appear to resolve these two items. I understand two hard copies of these revised plan sheets were attempted to be dropped off that same day after the office had closed to the public. Once the office reopens (slatted for ,Monday), please drop off these revised plan sheets. 5. Due to the relatively minor nature of these comments, the express additional information review fee has been waived. Please remember to confirm that any revised information is presented consistently throughout the application documents including calculations, supplements, narrative, and plans. Please also remember to provide two hard copies of any updated documents per 15A NCAC 02H.1042(2). DE Q�� North Carolina Department of Environmental Quality I Division of Energy. Mineral and Land Resources 1 Wilmington Regional Office I t27 Cardinal Drive Extension I Wilmington, North Carolina 28405 ftp' ' am. "%� 910.796.7215 State Stormwater Permit No. SW8 1908114 Page 2 of 2 All of the requested information listed above should be received in this Office by September 13, 2019, or the application will be returned as incomplete. If additional time is needed to submit the requested information, please email your extension request prior to this due date to the email address provided below with a justification and a date of when the requested information will be submitted, which shall be no later than 5 business days past the original due date. Please remember that extension requests delay the issuance of the final permit. Also, please note that only two letters requesting additional information is allowed in the Slate Stormwuter Progrum. ff the information is not satisfactorily provided after the second request, the project will be returned. If the project is returned and you wish to re -submit to the Express Program, you will need to reschedule the project through the Express Coordinator for the next available review date and will need to resubmit all required items at that time, including the application fee. The construction of any impervious surfaces, other than a construction entrance under an approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject to enforcement action pursuant to NCGS 143-215.6A. Please label all packages and cover letters as "Express" and reference the State assigned project number on all correspondence. If you have any questions concerning this matter, please feel free to tail me at (910) 796-7215 or email me at christine.hall@ncdenr.gov. Sincerely, rid icte a& Christine Hall Environmental Engineer GDSlcanh: 111StormwaterlPermits & Projects120191190814 LD12019 09 addinfo 190814 cc: Bruce Marek, PE; via email: marekvd@ec.rr.com Wilmington Regional Office Stormwater File Hall, Christine From: Hall, Christine Sent: Thursday, September 05, 2019 3:29 PM To: marekyd@ec.rr.com; beaufortmarinecenter@gmail.com Cc: Weaver, Cameron Subject: Re: [External] Beaufort Marine Center SWi & SW2 w MHW etc in color Attachments: 2019 09 addinfo 190814.pdf Bruce, Thanks for the attempt! The office closed to the public at noon yesterday. If the office is unscathed after the storm passes, it is expected to re -open on Monday. I did bring a some work home with me to keep me going on a few of outstanding projects. This was one of the projects I brought with me. In addition to the edits you've made to the site plans, there are just a few administrative details that need to be addressed. Please see the attached pdf of the request for additional information for this project. Please let me know if you have any questions or concerns. Also, please remember to label any packages delivered or dropped off as "Express". Thank you and stay safe! Christine Hall Environmental Engineer Division of Energy, Mineral and Land Resources — State Stormwater Program Department of Environmental Quality 910 796 7215 office 9107967335 direct christine. hall@ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: marekyd@ec.rr.com <marekyd@ec.rr.com> Sent: Wednesday, September 4, 2019 2:06 PM To: Hall, Christine <Christine.Hall @ncdenr.gov> Cc: marekyd@ec.rr.com <marekyd@ec.rr.com> Subject: [External] Beaufort Marine Center SW1 & SW2 w MHW etc in color Hi Christine, I tried to drop the 24"x36" color sealed originals of the Beaufort Marine Center Stormwater drawings SW1 & SW2 to replace the 11x17 black and white ones that I submitted last Tuesday. But, you guys were already closed for the hurricane. I'll drop them back next week, but just in case something happens and my stuff gets destroyed, and you are back at work doing the review, I did want you to at least have the color pdf's that have my seal on it. Stay safe. I'll be in touch when this one is in the books. Bruce Bruce Marek, P.E. 5489 Eastwind Rd Wilmington, NC 28403 910-799-9245 910-228-2484 N For OENR Use ON Reviewer. North Carolina Department of Environment and submit �Q%1 i ��a7 wA Natural Resources NCDENR Request for Express Permit Review lime Confirm: FILL-IN all the information below and CHECK the Permits} you are requesting for express review. Call and Email the completed form to the Permit Coordinator along with a completed DETAILED narrative, site plan (PDF file) and vicinity map (same items expected in the application ap ckage of the project location. Please include this form in the application package. • Asheville Region -Alison Davidson 828-296-4698;alison.davidson(o.ncdenr..qov Provided Existing Permits d Existing PProieet related this • Fayetteville or Raleigh Region -David Lee 919-791-4203; david.lee(aDncdenr.gov • Mooresville & Winston Salem Region - Patrick Grogan 704-2354107 or patrick.gro_ an(o ncdenr.aov SW 8980926 ' Washington Region -Lyn Hardison 252.948-3842 or lyn.hardison@ncdenr.gov SW SW SW • Wilmington Region -Cameron Weaver 910-796-7303 or cameron.weaver(oncdenr. -gov NOTE, Project application received after 12 noon will be stamped in the following work day. NPOES ,� I Wo Project Name: BEAUFORT MARINE CENTER County: CARTERET WQ Applicant: JIM MOORES Company: MOORES-SMITH MARINE ENTERPRISES Li E&S Address: 1501 SENSATION WEIGH City: BEAUFORT, State: NC Zip: 28516 E&S Phone: 252-728-7358, Fax: _ , Email: beaufortmarinecenter@gmail.com Other CAMA 131-06 Physical Location:1501 SENSATION WEIGH, BEAUFORT, NC Project Drains into Core Creek-ICW waters - Water classification SA-HQW (for classification see- hitpa/portal.ncdenr.org/web/wq/ps/csu/ciassifications) Project Located in WHITE OAK River Basin. Is project draining to class ORW waters? N, within YZ mile and draining to class SA waters Y. or within 1 mile and draining to class HQW waters? Y `� ECEj Engineer/Consultant: BRUCE MAREK, P.E. Company: BRUCE MAREK, P.E. Address: 5489 EASTWIND RD City: WILMINGTON, State: NC Zip: 28403- JUN 2 4 2019 Phone: 910-799-9245, Fax: , Email: marekyd@ec.rr.com PLEASE PROVIDE ESTIMATED INVESTMENT AND EXPECTED EMPLOYMENT, IF AVAILABLE $ # JOBS SECTION ONE: REQUESTING A SCOPING MEETING ONLY ❑ Scoping Meeting ONLY ❑ DWQ, ❑ DCM, ❑ Di ® OTHER: Submittal Meeting - New Low Density Permit 2ac BUA SECTION TWO: CHECK ONLY THE PROGRAM (S) YOU ARE REQUESTING FOR EXPRESS PERMITTING ❑ 401 Unit ❑ Stream Origin Determination: _ # of stream calls - Please attach TOPO map marking the areas in questions ❑ IntermiaentlPerennial Determination: _ # of stream calls - Please attach TOPO map marking the areas io questions ❑ 401 Water Quality Certification ❑ Isolated Wetland (_linear ft or _acres) ❑ Riparian Buffer Authorization ❑ Minor Variance ❑ Major General Variance ® State Stormwater ❑ General ❑ SFR, ❑ SFR < 1 ac. ❑ Bkhd & Bt Rmp, ❑ Clear & Grub, ❑ Utility ❑ Other ® Low Density ❑ Low Density -Curb & Gutter — # Curb Outlet Swales ❑ Off -site [SW (Provide permit #)j ❑ High Density -Detention Pond _ # Treatment Systems ❑ High Dens ity-I nfiitration _ #Treatment Systems ❑ High Density -Bio-Retention _ # Treatment Systems ❑ High Density -SW Wetlands _ # Treatment Systems ElHigh Density -Other — # Treatment Systems / El MOD:❑ Major ElMinor ElPlan Revision ❑ Redev. Exclusion SW 8900926 (Providepermit ) ❑ Coastal Management ❑ Excavation & Fill ❑ Bridges & Culverts ❑ Structures Information ❑ Upland Development ❑ Marina Development ❑ Urban Waterfront ❑ Land Quality ❑ Erosion and Sedimentation Control Plan with _ acres to be disturbed (CK # (for DENR use)) SECTION THREE - PLEASE CHECK ALL THAT IS APPLICABLE TO YOUR PROJECT (for both scoping and express meeting request) Wetlands on Site ❑ Yes ❑ No Wetlands Delineation has been completed: ❑ Yes ❑ No US ACOE Approval of Delineation completed: ❑ Yes ❑ No Received from US ACOE ❑ Yes ❑ No Buffer Impacts: ❑ No ❑ YES: _acre(s) Isolated wetland on Property ❑ Yes ❑ No 404 Application in Process w/ US ACOE: ❑ Yes ❑ No Permit Far I)4_NR Use onkv Fee Split for multiple permits: (Check # j Total Fee Amount $ SUBMITTAL DATES Fee SUBMITTAL DATES Fee CAMA $ Variance {❑ Maj; ❑ Min) 1 $ SW (❑ HD, ❑ 10, ❑ Gen) $ 401: $ i $ Stream Deter— $ NCIDENR EXPRESS January 2014 Bruce Mal rek,; P. El. 5489 E&Wnd Rd. Wftlriotofi, NC 28403 910 _7994245 -June,,24, 20179 Narrative: Beaufoirt 'Marine Center 1501 Sensation Weigh;.. Beautort; NC, 1.6 Acre BUA ,Low Density tformwater Oorirnllt -Submission 'RarraiiVe, 'foir' Loi 111-6 of Mitie-Water lolidlViiloh tW6480-1i6 JdtbiJitt Bdy'Mbr1ri6, lOdUitfildl Cb0iotkx; Fillsiting CAMA 1.31 Beaufort Ma-rine-Cenfer,, 1501 Sensation Weigh, Beaufort, -NC owned by M6or6s-S . mith Marine Enterprises,. is, seeking a new, individual Low -Density StormW.ater Permit. the site is allowed 2.0 A&6s of Impervious as pdrt-of'the Whitp\yatear-�Subd.iv'ision, SW8-980924, by deed restrici6on[c0en'ants. They,�w'ould' like- to improve' t'he'site to the'd'11N(i�d i-m" -pervious dhnoUht, and to "tidy -up'' the boatyard with 4!'of #57 stone on'a g6of . ext . H6:fabric, such'sOd' ' e Which 0 ac I is 'not considered red built ,up . on area per State Session Low 261 5-44-9, House gill I i,-634, Section 1.(a ),G.S'. 143-214.7 (162). The facility, locate.d.: on Core ore Creek - I - G , W: has ' had CAMA Permit 1'31-06 since2bO& The origihdi ownef(s)/ehgiheefls), did not submit for'individual lot stormwater permits forthe-entire sub6ivision,. This stormwater'neW permit sUbmittdl it to quantify existing biva and. perrhitted CAM ' A features � (inc " luding a travel lift, pit.,and its impervious aopro�ach(es)), and fo indicate proposed tbcations of the. #57 stone over geotextile-fabric; and to provide. a-'cross-sectibn of the detaii' La ' ti.tud.e of the Site is. Oppx: 34, Degrees -- 38 M.ihutes - 13,99 S'ecb'nds, Ndrth Longitude.As 76- Degrpes,41 Minutes 04.24 . 'S'ecohd,t,' West Site is -between: Gregory Poole. (with flo'dtihb dbck§) tb'thb: N&th and'TrUe World; (With travel lift. and floo - t i . ng. docks) to the South Core C-reek/the; ICW is the water, body to the immediate west. Edttmdn Creek'is to thee south- of the 'True Wofld'sifie. Weaver, Cameron From: Bruce Marek <marekyd@ec.rr.com> Sent: Monday, June 24, 2019 5:04 PM To: Weaver, Cameron; Lewis,Linda Cc: marekyd@ec.rr.com Subject: [External] Beaufort Marine Center Express New Low Density Permit 2.0 Acres BUA as Sub -Permit from SW8-980926 Attachments: Beaufort Marine Center Narrative for Express New Low Density Permit 2.0 Acres BUA as Sub -Permit from SW8-980926 seal date 6-24-19 Bruce Marek P.E..PDF; REQUEST FOR EXPRESS New Low Density Sub Permit to SW8-980926 Whitewater Subdivision Lot 11 B Beaufort NC 6-24-19 BMPE.pdf; Surface Water Classification Core Creek - ICW Beaufort NC SA-HQW.JPG; Topo Map - Core Creek - ICW Beaufort NC.JPG; Beaufort Marine Center 1501 Sensation Weigh Lat 34D48-13.99N - Long 76D41-04.24W Site Map.JPG Hi Cameron/Linda, Sign me up for a Low Density Express Permit for Beaufort Marine Center. No scoping meeting necessary, just want to go directly to submittal meeting. I should be able to get either Mr. Jim Moores or Ms. Stephanie Smith down to Wilmington whenever you have an available date. Thank you. Bruce Bruce Marek, P.E. 5489 Eastwind Rd. Wilmington, NC 28403 910-799-9245 Weaver, Cameron From: Lewis,Linda Sent: Monday, June 24, 2019 3:07 PM To: Bruce Marek; Weaver, Cameron Subject: RE: [External] Express Time Frame Bruce- it will be a new Low Density Permit with a 2 acre impervious limitation in the name of the. Beaufort Marine Center, Linda From: Bruce Marek <marekyd@ec.rr.com> Sent: Monday, June 24, 2019 12:36 PM To: Lewis,Linda <linda.lewis@ncdenr.gov>; Weaver, Cameron <cameron.weaver@ncdenr.gov> Cc: marekyd@ec.rr.com Subject: RE: [External] Express Time Frame Thank you. Waiting on Cameron to reply. Tried by phone but so far no luck that way. One project is for Cape Fear Station at Bal Head Island, SW8-980920 Mod Comm-4. It was changed to 8 lots residential in 2006, now we want to change it to 3 lots residential. Have buyer who wants half of it. Other is at a boatyard in Beaufort at the Jarrett Bay Industrial Complex. It is Lot 1113 of the Whitewater Subdivision SW8- 980926 Low Density Permit that has an assigned maximum impervious of 2 acres (87,120 sf). Also known as 1501 Sensation Weigh/LAMA 131-06. Owner wants to put some of the 4" of #57 stone on top of a geotextile to clean up the yard. CAMA has said they when I submit the first question will be does stormwater require you to have a permit. I am pretty sure I already know your answer. I won't be adding any impervious to the existing permitted, but it will just mean changing my CAMA drawing into a Stormwater Drawing and showing what is existing/permitted and where the additional areas of 57 stone/geotextile will be. Will that require me at all to involve the SW8-980926 Permit/Whitewater permission, or will it be just a new Low Density Permit with a 2 acre impervious limitation in the Beaufort Marine Center Name? Bruce From: Lewis,Linda <linda.lewis@ncdenr.gov> Sent: Monday, June 24, 2019 11:25 AM To: Bruce Marek <marekyd@ec.rr.com>; Weaver, Cameron <cameron.weaver@ncdenr.gov> Subject: RE: [External] Express Time Frame Bruce There are 4 engineers who review projects submitted to the "standard" review program. I don't really keep up with lead time, but I suspect it will vary slightly depending on who is assigned the project and what else they have going on. I believe anywhere from 50-60 days for a first review is pretty standard. Cameron will have to address the current wait time to get on the Express review calendar. Linda From: Bruce Marek <marekyd@ec.rr.com> Sent: Monday, June 24, 2019 11:16 AM To: Weaver, Cameron <cameron.weaver@ncdenr.gov>; Lewis,Linda <linda.lewis@ncdenr.gov> Cc: marekyd@ec.rr.com Subject: [External] Express Time Frame Hi Cameron/Linda, I have a couple of stormwater projects coming up and need to know what the approximate current lead time is for Low Density Minor Modifications and Plan Revisions, and for a Low Density New Permit, both in the Express Program and through the regular submittal process. Bruce Bruce Marek, P.E. 5489 Eastwind Rd Wilmington, NC 28403 910-799-9245 Hall, Christine From: Hall, Christine Sent: Friday, June 28, 2019 12:43 PM To: Bruce Marek Cc: Weaver, Cameron Subject: Beaufort Marine Center, express meeting rescheduled Bruce, As requested, this project has been rescheduled. The new submittal meeting date and time is August 27th at 10 am. If you or the applicant have a conflict with the date and/or time, please advise. Otherwise, we look forward to seeing then! Christine Hall Environmental Engineer Division of Energy, Mineral and Land Resources — State Stormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7335 direct Christine. hail@ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 -Nothing Compares--, Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. 8-2 sa r r1 1� 6x THE WA US= IN TIE UM AO IS ACIM / / � 1 rfs' �'�� CORy MEAN "m TIATTA 9ofroM WATom To osm rATTx DD7W � SU3fmT 0.2• MuRIE LISTED ATIOH 1IATQ1 pTP VIM YEISt G AT UD TIE 0H 20/05 / / % _Qa i "^2a • xjiaa / � / rat / / / % i r - 1 z.— :.. IN ��1 • 0-7 [� , Lai1 , O' 1CD l, 1 ` iEAN H74TI WATER 1. CONSiAUC110N of WHfTEWATER WIMSION PROJECT ALLOWED WVIV p :1a UNDER LOW DENSfIY STOM&ATER PERMfT NO. SW8 980928 DATED tE ER 17, 1898, S� .s ATa n0 OITf -0Q _ 2.AS JA8iE0 eIN�OR,ESTsrCT10N PAkAI7SEo8 HTO PERMIT P 0� INCOttLOr NO, SW8 980928, 8f 3. BOUNDARY, WETLAND AND LOT DDJEN51 S INF•ORUATION TAKEN FROM MAP 09PAPED BY A COAST PROFESSIONAL gorM821) TOTAL e7,120 Si Ww SURVEYING. PA, LOCATED IN KERS ISLAND. N.G.. voa�/ 09 nto 4. WETLANDS ETTSISi ON SITE. -4 —"4Ty-- -- --- PO BOX 469 RkDGH, NG 27606 +4.0 GMA 78-06 & J141-00 WA " %A" 3.2 � 404 VER"- . r r V,EVI,.�i7 �. 2+3 � .9 73' CA11A AEC X 4.3 X4.3 � i x_,x2 j 1 \� •....y xf 7.z � � 1 10i 11illAllO � ` � -... '"•' � � �� %'I;' �, r ff •re S `�� J/// ! � sst• / 2 k^•t22 ! / f r� J 7 � I 1 r• rr�! .EXtSTm MAT Smsm ABTA77 �� f �;C3 W81C YfF�S 3J f— 10 BEf lii II llli lilrl IriRl ri111 �i: r 1 x • t; / oo,,,Q ,,�, per/ EXISTING GRAVEL BOATYARD . 1 l A x-a7TY -12 r 30' —f / M'/PEO x^a2 Err l Si +SCrss 1 I I' f /. f � � :5 �� �• k- ly, Ff; i�l +7.I x �,, Ana gm I I I(EVISEO . TMVR LIFT' APPROACH .. - f j�fr ; aA ,sae, oa alp D. 74 •a r Z. � • a ! i ! a .�g4T . an ;ToF+ - a I 1 F! ' v `f 11 x-ILa / / CJ _ 4 '"*'• f {7,i# t L N d '' ' � '�."- �� 1 �f �q•.�_r �.i. 'S • ..• d ' y � A . S�: -- uF>'♦ HIp1 f Ar1Ia+ .. f ''' �., �Ioc•sF / f / N / g ¢ >`1 , ��D �6STtlP! T11d • i t f. Xfi.4'S /. T1jiK1+al i31'# 1nAa / a K 7j 1>jT. ME[1�VN i/ i 1 '., 'e .'' " ~RfEO &M T!.•% Tt I I x_ 2 rs .A�4 raw. os r �s r{ �/tia�aF'_-=: s .�':::_. :soa4:sr: •. ;eaAF:TrAs►oonTr PAD //// / ~/ ` •�'i"�yy 1. . •!• _.� �... .- I iwl N �, x_ —_� 1 1 1 1 1 N OR WO' 0 ��`' � .J " 't_-.1a4 b x-4.7 D R 76481' TRUF IYO LDO COPME�yJ. INC �— — MALE o 0.2% mmv st+Ec v7ttunae urt.c AUG 2 7 2019 HOBFtf T1CTRiD DEVELOPifINT, R1C -1-:3.4 120 INDUSTRIAL AVE 3.5 / + 5,9 f S'S UTILE FERf{1'. NJ 07643 ChMA #74-06 RED ITEMS AR9 PREVIOUSLY PERMITTED, RELOCATED FOR THIS MINOR MOD LARGER 150 TON TRAvm LIFT PIT INDICATED; PARALLEL TO ICW DOCK CONFIGURATION BASED ON RECENTLY PURCHASED USED CONCRETE MODULAR DOCKS FROM FLORIDA BOATYARD SITE DATA FROM EXISTING CAMA PIERMrr DRAWINGS FROM AVOLIS ENGIN99RING DwG FIL» #04187: SEE SHEET C2A FOR AIWW WIDTHS AND DISTANCE$ TO ADJACENT MARINA SLIPS RRVISION DAM I HMM Rsvww 00WOLP LArour mnu 1 O *up4; R[vm= Tmvn u" PIr LDcATm ! 8rl rDR 150 ToN LVT. AvMO LIs70F TTrffiAL mmam NRCRssn=/ ANErann AmaccaTwYaW HAUL DUr FACWff OFTHIO $lM our NDTO: 10 SUP posh mm INDICATED, NH OLCAvs4Gr LARGO YE5=L *MU TKAt9dAT OS iRmtr fb, R><gl►M 10 HAXYMAL OYOtHR MUMMVE95 lO) ArnrtDOAmm ON AM DOC", 331AAN M r^ !! 7 1At 15684 x� • / �S t5t BRtlts AIARax, P.£. 5409 EASTWM RD WRArfII m,NC 29408 (910} 70"2 0 EAUFORT MARINE CEMI E OFoRKULY Costae CRasK HAuLour PAcarM 1501 SENSATION WEIGH BEAUFORT NC CAMA 13 1+06 L0M(NR MODIFICATION D1IflC3. .MARCH IS , S, 2013 HgAUPOTYC MAi2INa C0.NT6R MARINA /HAUL OUT UPDATE G2 I AUF4R'T M�!0F INI~�NT�R: LAMA ' i 3'I-06 I` ,,�.rs O•I 1 1 B .1ARiiQiT BAY INDAi, PAR.K,A. WHiT6VVArSUMSIDN) CORES CRESKMARINEHA0UT FACILITY" j ------"- vr�c.,tVorv+-.,ardV—e ef rrsutcw M.ns r.a _j r<etr:r 11.:s Rp•ra �-1 1 REFERENCE G❑❑GLE EARTH APPX MEASURED DIMENSI❑N OF 80.07' TO 80' BLDG WIDTH FROM SURVEY TRUE WORLD NORTH SLIPS END TO SOUTH END OF GREG❑RY P❑❑LE SLIPS., 504't v0. y�Y .F AtiroCAD "' rsHcr evrorys FRo PRIOR s1r PTO 80' C'Yq�NE'C $E 547.65' B4CK. 15.09; rr,..._ RSy rp 80' Cy�N1y C S578 561 J1' K 4 as�.96f S 13 S9' _'�rSy-"'-'CLI 6 x-16.2 t.h�r re%Cy'�NNs S70.z3,IR/�/ate ABACI(•_ �( +`_�ry _1EMTTlRya,,�PE�FWIIgr CONDMONJS (PARTIAAL/,) J-,y _e `_8,"n o N pern-Ated *uIYN-in _i�iAif be koted � OD Feet of Vie owederally rn6Tntaned AIRW CTIarvA PARALLEL TO THE 90 OUW RO SUP IS DESIGNED AT 3' tAMffIrARO OF THE 80' SET84a; , THE M 6't2W't CONME TRAYEL UFT PERS ARE DESiGNEO AT 2' LMONARD OF THE SETB0 The Authorized sb dws M not extend more .,boil 1/4 of the wWh of the Wbody. i+ p as meoslrred from the .atenwd edge of the mash on Wh d6n of the AIIPIP + km iately In front of the project sits. FROM EIRAMi ADM, MWSECTS RANGE FROW 13.8% TO 19.9% TO THE 80' CIONNEL SETW LINE < 1/4 OF WATEINOY MOTH (259) In order to &we eamp6mce wM C*4Uor* Abon 9 This peman, an as tx>at axvty j etalring the "Once ocroes the �ppo�y the Towtion and 1er+gkh oT Ua piers and 1 /J associated shKbx a, and the datanee Eo the new edge of tl►e At4IWf 6 a4 t' to the Wsim of Ui�I 6Ri dor o[ canpttUon of�comWdk� and Uw uS Amly Cora at FnytlNers Ir IS THE INTENT' TO RAVE StI{iYcM SET OUIIPARD EDGE OF DOCK(S) AND IEi AL UfT PIERS TO ASSURE COWU01 OE.NORTH END OF DDCK(S) TO ALSO BE VWFIE0 As > 100' WUMH SETBACK TO THE SOUTH IND OF fW GREGORY POOLE SUP(S). APPX D*T FROM NORTH END OF TRUE WORLD NORTH KIP IS 1"i TO THE SOUTH END OF THE PROP(35ED BEAU RT WONE CTTRTE8 SUPS, W)G'C1t IS µUCH GREATER THAN 100'. Any portion d DIe permitted aotess pus of trail tart bail mw vegetated ■tt643 shill be ekwted o mhIh arm of 3 reef abava the marsh substrate w ff*wtd from the bottom of the "ng. TOP OF YAWO PER DECKING EL &0 NSL (OHOERSIOE OF DEMM 7.60 NSL) A TRAVEL LIFT MUM BIER TOP 0 EL 10.5 USL PRr1 UO TO OOMPLY Ikew,h`!- h��Laa•v Tf. mart ____. _. i IbYs1 Hnlaf - ._I �l ,•fY l,f fgfx ICW MIN WIDTH AT NORTH DITCH, TRUE WORLD NORTH SLIP END TO APPX APPX 551' (APPX 584' AT WIDE POINT) CL OF DITCH APPX 75' m" (lE m POOR Sri tAma, SCALED FR01I (i000LE EARTH GREODRT POOL EQU1'NENT 00. ADJACENT PROPERTY TO NORTH f ICGR WATER U&%H LNE ' ow 30, C TRUE [10RLD WHO Y/Iim Wm WyElOPMENf, INC. ATa --* - = PROPERTY TO SOUTH TIE wm UAM SLIP LAW & WT PIT, GREG❑RY P❑❑LE SOUTH SLIP END TO APPX CL OF DITCH APPX 75' { i VICINITYKAF JAN[irr BArINDY6TRSAI.PA1sK SiAOIDRf. CART9RErCOaNLT. NC r REMBION DATis NAMIL FLC Ms9DOCK/SLIP LATarr (STILL M 5LP ]; l{msw TRAVEL Lrr r PITILOCADONa GEER ro8150 TON Lim ADPio WATOMODY %VW71 f DMANCU TO ADA&CI NT PROPEAW NAM. NOTYD DRAWING COILIUANC[ Will cRTAM PIRW co IOPMI �. CAR') ss�oN.!ti9 SEAL f - = � a56$4 CF JA Mks' ISM EASYMND RD WIMMOTON, NC 28403 mARBSTDAmma.com (910)7M248 n FORT MARINECENTS 1.YCORw;CpmmFIAvr oLrrFACumr) 1 SENSATION WEIGH eEAUFORT C LAMA 131.06 MINOR MODIMCAMON DWG. MARCH 18, 2013 H 1EAUFOR'L' MARINE CKWMR REVISED DOCKS TO ADJACENT THARIMAS DOCKS VSAfWW KARS1 +UMSHVVIDTH C2A Motel All Piles Not Shown Final Pl(e layout to be confirmed with Slip Contractor. Final Slip Dimensions to be Verified by Purchasers) Owner and/or Docknaster program may number/label slips Offerentl Because of large size of yachts that are expected at Beaufort Marine Center or to be Hauted and Commissioned for Moores Marine Yacht Center located clown the street, we request that 10 slips be Indicated, but no exact layout Is possible. 220't 80' CHANNEL SETBACK RIVERWARD SIDE OF DOCK lA 14'x22'ROOF CAN BE HARD ROOF WITH KNEEWALLS + SCREENED WALLS, OR SOFT ROOF WITH KMEEWALLS ONLY SEE DEEP POINT MARINA, LAMA 91-96 PHOTOS ON SHEET C2C 32` HINGED TREAD PLATE APPPX SLOPED RAMP END 5'x34' RAMP SHOWN OWNER'S CHOICE, (SHORTER=MORE SLOPE) Ilium SIM CONSIRUCTIOH. AA.Eip PLANS TO BE DEVELOPED. ATTACH OUTSIDE STRINGER TO PILE WTIH (6) 16d as EL 8.0 MSL OR AS INIXATEI) ELSEWHERE (2) 3/4' TNRDUGH BOAS BOLTS 64 NOMINAL WOOD POSTS 0 V't O.C. ALONG IEHGM. OR !f USI 8MB WOOD POSTS OR 8 f WOOD PILE, BENT S TS CAN BE MWAW TO 7 -4' W. TYPICAL RAISED WOOD WALKWAY CONTRACTOR CAN SUBMIT ALTERNATES ALWAYS VERIFY SCALE V/GRAPHIC SCALE SLIP #1 SLIP #2 'A DOCK' SLIP #3 ! 50'1 Confirm that 100' separation to Gregory Poole Soathem Slip End Exists LLI ly LL- LL- W D Z P4 Y E— (L W Cl.. L ly 0- SEE C2D FOR TYPICAL SIGNAGE ON/AROUND DOCKS & IN BUFFER MARINA NECESSITIES & AMENITIES I RIMMU DATER NAMC RcmLDDOCIVBNF 3f8,ZOiS LIYOMO ML 10scasiY,T1ro gHxrrCIBRA 6 E)K7DI�rT91S ortMs uoac NXe"Wn3w/ ANOLMY A"00LATJm M M A FACMM or TKM 5= uur r .y= CD C ✓R '`'�I�/ y ES N1P S�1 11111451 6RUC[ FIAROi, P.E. SU9 EASMIND RD WMMWGT0N,NC 98403 (910)7999245 EAUFORT MARINE CENTS (f'oRMSRLT CaRW CMMX HAS WVr FACILITY) 1501 SENSATION WEIGH BEAUFORT NC CAMA 131-06 MINOR MO©IRICATION Dwe. MARCH 18, 2013 SET'. BEAIIFORT MARINE CEMMR MARINA BLIP NECESSITIES IG2B