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HomeMy WebLinkAbout20000822 Ver 2_CAMA Application_20070907Office Use Only: ~V n ~ Form Version March OS USACE Action ID No. DWQ No. ~ ~ ~' D~ 2 2 ~ Z (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. Processing 1. Check all of the approval(s) requested for this project: ^ Section 404 Permit ^ Riparian or Watershed Buffer Rules ^ Section 10 Permit ^ Isolated Wetland Permit from DWQ ^ 401 Water Quality Certification ® Express 401 Water Quality Certification ,~w35 2. Nationwide, Regional or General Permit Number(s) Requested:General Certification #3635 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ^ 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII-- and check here: ^ 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), chec `- r,~~~ a, ~ ~ ~~~ ,:~ v ;A II. Applicant Information ~. ~ "l. ~t[l I 1. Owner/Applicant Information ~'«' Y ~'~~ ~P ~~ n ~ ~ f Name: Marsh Harbour Resorts, LLC. c/o Coleman Ramsey Pr.,~r' c t~rntigs~~x' ' .,,~~~'G Mailing Address: 11 Causeway Drive Ocean Isle Beach NC 28469 Telephone Number: 910-579-1659 Fax Number: 910-579-8895 E-mail Address: 2. AgentlConsultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Laura Stasavich Company Affiliation: Land Management Groin Mailing Address: PO Box 2522 Wilmington NC 28402 Telephone Number: 910-452-0001 Fax Number: 910-452-0060 E-mail Address: lstasavich(cr~lmgroup.net ~~~~~a~ R~ AtJG ~ ~ ~~10~ ~' ~w ~'ROJ # III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Marsh Harbour Resorts 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 2540000102: 2540000101 4. Location County: Brunswick Nearest Town: Calabash Subdivision name (include phase/lot number): Marsh Harbour Directions to site (include road numbers/names, landmarks, etc.): Hwy. 17 S to Country Club Road SW to Hwy 179. Country Club Rd turns into Marsh Harbour Rd. as you cross Hwy 179. Marsh Harbour Rd. bisects the old golf course. The Marina parcel is located east of the golf course and is off of Hwy 179 also. 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 33° 53' 09' °N 78° 34' 27" °W 6. Property size (acres): 212 acres 7. Name of nearest receiving body of water: Calabash River 8. River Basin: Lumber (Note -this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/snaps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Portions of the project have been previously developed as a n___ c ..r i ~ AUK 3 l~ ~W~~ ~~ ~~/(~ PROD # golf course A marina basin exists with the shoreline stabilization and a dock system. General land use in the vicinity consists of residential uses. 10. Describe the overall project in detail, including the type of equipment to be used: Scope of work includes reauthorization of work previously authorized in CAMA Permit 11-97 with changes to the existing buylkhead and maintenance dredging. Land development includes construction of a holel with associated amenities and parkin, condominiums, clubhouses, and restaurant Standard equipment types will be used. 11. Explain the purpose of the proposed work: To allow for the development of the two parcels into a private resort/marina IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. CAMA Permit 11-97 ACOE Action ID 199701640, SW 920522 V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. None anticipated at this time VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. s~ '~ n..~.. ^r ,.r i ^r ~' r. AC~G ~ ~ X007 ~~` ~wr PROD # Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: Temporary impacts to open water during maintenance dredging Backfill in waters of the upland marina basin for re- aligned bulkhead. 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. --r---- Wetland Impact Site Number (indicate on map) ---~ Type of Impact Type of Wetland (e.g., forested, mazsh, herbaceous, bog, etc.) - Located within 100-year Floodplain es/no) Distance to Nearest Stream (linear feet) Area of Impact (acres) N/A N/A N/A N/A N/A N/A Total Wetland Impact (acres) 3. List the total acreage (estimated) of all existing wetlands on the property: None on parcel containing marina Approximately 2 59 acres on second parcel. 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams m»ct he included_ To calculate acreage. multiply length X width, then divide by 43,560. ------ - Stream Impact Number (indicate on ma) - --- - Stream Name ype of Impact Perennial or Intermittent? Average Stream Width Before Im act Impact Length (lineaz feet) Area of Impact (acres) N/A N/A N/A N/A N/A N/A Total Stream Impact (by length and acreage) p ((~~ +~ n ~yry .. ~,~ ~~Q i'R®J # From: Land Management Group 9104520D6D 09/10/2007 14:14 #173 P. 002/002 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlan~rjc Ocean and any other water of the U.S.}. Open water impacts include, but are not limited to ~Il c~vrov9finn itrPCt vino flcvuliAO_ E~iAiTldQE_ blilkheadS_ etC. iau, ..~... Open water Impact .~........,..., .-.. ~ --' - -a~ Type of waberbody Area of Site Number Name of waterbody T~'Pe of Impact sod, ba (lake, pond, estuary, y, Impact indicate ~ {~ applicable) etc. acres)_ Maintenance dredging within open areas of h River l b C Marina Basin & Calabash River Maintenance dredging Man-made, upland basin & Rive- 15.95 a a as (Sheet 9) _ Backfill behind {20,980 n,ew Bulkhead Marina Basin Bulkhead backfill Man-made, upland basin sq.R) (Sheets 5-7) 0.48-ac ro~" ~ ( . Total Open Water Impact (acres) 16.43 6. List the cumulative im to all waters of the U. S. resulting from the 'act: Stream act acres : 0 Wetland t (acres : 0 n water Impact (acres : 0.2'1 Total act to waters of the U.S. acres 0 Total Stream Im act inear feet): O 7. Isolated waters Do any isolated waters exist on the property? ^ Yes ®No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. 8. Pond Creation If constnution of a pond is proposed, associated wetland and stream impacts should. be included above in the wetland and stream impact sections. Also, the proposed pond shc-lald be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout py:nd, local stormwater requirement, etc.): _- Current land use in the vicinity of the pond: - T..,--. A ..t Y 9 Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. Proposed dredging is maintenance dredging: The majority of dredging will be in an upland basin (and not within open waters of the Calabash River). Appropriate erosion and sediment control measures will be used. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/strmgide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. NA ®~ ~ ~-~ ~" n_,_.. i n ,.r i ~ ~ Al1G ~ 0 ~Q~7 '~~ r~w~ e~ROJ # _ 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): NA Amount of buffer mitigation requested (square feet): NA Amount of Riparian wetland mitigation requested (acres): NA Amount ofNon-riparian wetland mitigation requested (acres): NA Amount of Coastal wetland mitigation requested (acres): NA IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federaUstate/local) funds or the use of public (federal/state) land? Yes ^ No 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ^ No ^ 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^ X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ^ No ®~ ~ ~ ~' AUG 3 0 2007 RROJ # ~~~ 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ^ No 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. * I Impact I Required Zone , ~......o ~ e.~ Multiplier ,~,~;*;,,,*;,,,, 3 (2 for Catawba) 1.5 Total * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additiona120 feet from the edge of Zone 1. 3. If buffer mitigation is required, please discuss what Donation of Property, Riparian Buffer Restoration / Riparian Buffer Restoration Fund). Please attach all within 15A NCAC 2B .0242 or .0244, or .0260. XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. See Stormwater Permit 920522. This application contains no chan~es_ that. should affect the existing SW permit. All changes from that previously approved SW plan are related to bulkhead alignment maintenance dredging and a reduction of impervious cover within the CAMA 30' Coastal Shoreline Buffer. See the attachment to CAMA MP-3 Application form for a detail of reductions in impervious cover. XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. XIII. Violations (required by DWQ) Is this site in~ lation of ®Q Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? ,,.. Yes No r°ti ~ : <, ~' °~4 ~~ type of mitigation is proposed (i.e., Enhancement, or Payment into the appropriate information as identified T.. .... 11 ..C 7 7 41YYQ PROD # Isthis anafter-the-fact permit application? Yes ^ No XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ^ No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: Project consists of reauthorization of previously permitted activities including maintenance dred~in~. XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). C=am ~__/~~ `~ Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) n., _,. i ~ ,.r i ~ ®~ l~ ~~ ~ , ,° ~, AUG 3 ~;;~~ ~~~ PROJ # Marsh Harbour Resorts Express CAMA Major Permit Application 20 August 2007 Purpose: Marsh Harbour Resorts, LLC, requests a CAMA Major Permit to authorize work at the existing Marsh Harbour Resort. Marsh Harbour Resort is located in the Town of Calabash, NC, off NC HWY 179, with an address of 10155 Beach Drive. Two parcels owned by Marsh Harbour Resorts, LLC, total approximately 212-acres in size. Both parcels abut the Calabash River. One parcel contains a roughly 16-acre upland marina basin. Work proposed in this application will involve the 75' Coastal Shoreline AEC and the Public Trust AEC located on/adjacent to the marina parcel. Existing Conditions/Previous Permits: Portions of the property have been previously developed. As mentioned, the marina basin exists with shoreline stabilization and a dock system. A golf course and clubhouse exist but are not currently in use. Other development includes a management office, pool and tennis courts, parking lots, and townhomes which are still in the ownership of Marsh Harbour Resorts, LLC. Previous permits authorizing development include but are not limited to: (1) CAMA Permit 11-97 (2) ACOE Action ID 199701640 and (3) SW 920522. Proposed Work: This application proposes to re-authorize work previously authorized in 2000 under CAMA Permit 11-97. Land development will include construction of a hotel with associated amenities and parking, condominiums, clubhouse, and restaurant. All work previously authorized under LAMA Permit 11-97 in 2000 is requested, with minor changes described below. Site plans from the 2000 application are included in this application as Appendices A-P. Currently proposed changes to those plans are shown on Sheets 5-8. Maintenance dredging within the existing basin and channel is also proposed. Proposed Changes to Bulkhead: Approximately 5,500 linear feet of shoreline stabilization currently around the marina basin. Approximately 2,500 linear feet would be replaced with new concrete bulkhead. All new bulkheading would be aligned waterward of the existing bulkhead an average of 6' to 8'. Placement of the bulkhead waterward of the existing bulkhead will create a 30' Coastal Shoreline Buffer that was not required at the time of 2000 application. Backfill will be clean sand and will be an estimated 6,214 cy in volume. Proposed Chanties within AEC: Previously planned concrete walkways, sidewalks, and parking that will now be within the 30' Coastal Shoreline Buffer will be changed to pervious wooden walkways or will be deleted. All wooden walkways will be elevated at least 1' above ground surface. Impervious cover within the 75' AEC will be reduced by approximately 8,080 sq.ft. See the attachment to MP-3 for proposed changes. D ~ ~ ~ ,~ . ~ i~s AUG 3 U ~a0~ ®wc~ PROD # An upland swale at the head of the basin will be filled. Area to be filled is approximately 28,000 sq.ft. in size and fill volume will be approximately 6,222 cy. Proposed Maintenance Dredaina: Maintenance dredging within the existing basin is proposed to a final depth of -8' MLW. Average existing depth in the basin is estimated to be -2' MLW. Maintenance dredging in the marina's entrance channel and within the Calabash River will connect to the natural -10' MLW contour or the edge of the Calabash River channel, whichever is closest. Final depths will not exceed that of the river channel. Excavated volume is estimated to be 146,000 cy. Material will be temporarily stored and de-watered in a diked disposal area on upland at the NW corner of the basin. De-canted water will be piped back into the basin. Excavation will be done with either hydraulic dredging, barge- mounted excavator, and/or land-based excavator. AUG 3 0 2007 ®w~ O'ROJ # DCM MP-1 APPLICATION for -.~ Major Development Permit (last revised 12!27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant Landowner Information Business Name Marsh Harbour Resorts, LLC Project Name (it applicable) Marsh Harbour Resort Applicant 1: First Name Mr. Coleman MI Last Name Ramsey Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address 11 Causeway Drive PO Box City Ocean Isle Beach State NC ZIP 28469 Country Brunswick Phone No. 910 - 579 - 1659 ext. FAX No. 910 - 579 - 8895 Street Address (if different from above) City State ZIP Email 2. AgentContractorlnformation Business Name Land Management Group Inc. Agent/ Contractor 1: First Name MI Last Name Rob Moul Agent/ Contractor 2: First Name MI Last Name Laura Stasavich Mailing Address PO Box City State PO BOX 2522 Wilmington NC ZIP Phone No. 1 Phone No. 2 28402 910 - 452 - 000 1 ext. - - ext. FAX No. Contractor # 910 452 0060 Street Address (if different from above) City State ZIP 3805 Wrightsville Ave Suite 15 Wilmington NC 28403 - Email rmoul@Imgroup.net Istasavich@Imgroup.net „w <Form continues on back> y. Pt~O,I ~=. Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Brunswick 10155 Beach Dr. Subdivision Name City State Zip Calabash NC 28467 - Phone No. Lot No.(s) (if many, attach additional page with list) - - ext. N/A, , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project ~~~~ Calabash River c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ^Manmade ^Unknown Calabash River e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ^No work falls within. Town of Calabash 4. Sife Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) Upland marina basin has approx. 5,500 ft. of bulkheading 212 acres c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or N/A, NWL (normal water level) (If many lot sizes, please attach additional page with a List) ®NHW or ^NWL e. Vegetation on tract Property has been previously developed and contains golf fairways, landscaped areas, scrub pine, pampas grass, bermuda grass. f. Man-made features and uses now on tract Golf course and clubhouse. Upland marina basin with docks, bulkheading and riprap. Some townhomes. g. Identify and describe the existing land uses adjacent to the proposed project site. Residential h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? PUD (Attach zoning compliance certificate, if applicable) ®Yes ^No ^NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ^Yes ®No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ^Yes ®No ^NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ^Yes ®No ^NA National Register listed or eligible property? <Form continues on next page> ~ ~ ~ ~ E `~ L Jet AUG 3 0 X007 P'ROJ # ' QW( Form DCM MP-1 (Page 3 of 4) IIIn I.v-F'I lA n~ hA71~,M IA ft.~il _IJA YYIH/V !//rl/~~ n'1///O~ APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? -' C~~ht µa~v~`>`a • ~K~~, IYfU~", ®Yes ^No U~Ss~u-t~-t'N P~"'z~c-- w~c.-~ (ii) Are there coastal wetlands on the site? ~ ~' svY1~-~ p/~~' ®Yes ^No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? J ®Yes ^No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Municipal system o. Describe existing drinking water supply source. Municipal system p. Describe existing storm water management or treatment systems. Per state-approved stormwater management plan SW 920522 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ^Commercial ^Public/Government ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Private resort with associated marina. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Standard bulkhead construction, hydraulic dredging and/or bucket to barge dredging. d. List all development activities you propose. Work previously authorized by CAMA Permit 11-97 including grading, drainage, erosion control, upland development of hotel, condominiums, and townhomes. Newly proposed work to: 1. Replace bulkhead within ex. man-made basin and maintain 30' coastal shoreline buffer. 2. Fill upland swale at head of basin. 3. Maintenence dredging within basin/entrance channel. e. Are the proposed activities maintenance of an existing project, new work, or both? Both f. What is the approximate total disturbed land area resulting from the proposed project? 100-acres total, 10-acres of which will be temp. spoil disposal area ^Sq.Ft or ®Acres g. Will the proposed project encroach on any public easement, public accessway or other area ^Yes ®No ^NA that the public has established use of? h . Describe location and type of existing and proposed discharges to waters of the state. No direct discharges to waters of the state proposed. i. Will wastewater or stormwater be discharged into a wetland? ^Yes ®No ^NA If yes, will this discharged water be of the same salinity as the receiving water? ^Yes ^No ®NA j. ^Yes ®No ^NA Is there any mitigation proposed? ~ ~ ~ ~ ~ ~ If yes, attach a mitigation proposal. D u AUG 3 0 2007 e PROJ # Form DCM MP-1 (Page 4 of 4) <Form continues on back> APPLICATION for Major Development Permit 6. Additionallnformation In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) - (f) are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Edens Family LTD Partnership Phone No. Address 2500 Hwy 179, Little River, SC 29566 Name Calabash Investments, LLC Phone No. Address 2511 S. Canterbury Rd., Wilmington, NC 28403 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. CAMA Permit 11-97, USACE Action ID 199701640, NC SW Permit SW 920522 h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information pr~o/vided in this application is truthful to the1bes~t of my kno/wle~d~g~e~. // Date r~d 1 Print Name ~~lf/Y~~ ~1 ~t,S aN~ ^~""G Ntl~a~"~ ~ ~~ Q~ (, Signature V Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ^DCM MP-5 Bridges and Culverts ®DCM MP-3 Upland Development ~ ~''~ ~ ~C' f" ,~ ^DCM MP-4 Structures Information ® 1' .AUG ~ 0 ,~~~~ PROJ'# - Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel (NLW or Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater (excluding shoreline NWL stabilization) Length 950 ~L, N/A 1,000 N/A N/A N/A N/A Width 100 600 N/A N/A Avg. Existing -2 to -5 -2 NA NA Depth Final Project _10 _g NA NA Depth 1. EXCAVATION ^This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. Submerged bottom, silt and silty sand. 146, 200 cy maintenance dredging within existing marina/channel. c. (i) Does the area to be excavated include coastal wetlands/marsh d. (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ^CW ^SAV ^SB ^WL ®None (ii) Describe the purpose of the excavation in these areas: N/A High-ground excavation in cubic yards. none 2. DISPOSAL OF EXCAVATED MATERIAL ^This section not applicable a. Location of disposal area. b. Dimensions of disposal area. on-site, NW of basin c. (i) Do you claim title to disposal area? ®Yes ^No ^NA (ii) If no, attach a letter granting permission from the owner. e. (i) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ^CW ^SAV ^SB ^WL ®None 9.7 acres d. (i) Will a disposal area be available for future maintenance? ^Yes ®No ^NA (ii) If yes, where? future maintenance dredging will be bucket to barge and taken off-site f. (i) Does the disposal include any area in the water? ^Yes ®No ^NA (ii) If yes, how much water area is affected? N/A (ii) Describe the purpose of disposal in these areas: N/A aj Aug ~ 0 2007 Dwa PROJ # 3. SHORELINE STABILIZATION ^This section not applicable (If development is a wood groin, use MP-4 -Structures) a. Type of shoreline stabilization: b. Lengtn: z 5uu rt. orr repiacemem ouixneag, an wimin existing ®Bulkhead ^Riprap ^Breakwater/Sill ^Other: upland basin Width: N/A c. Average distance waterward of NHW or NWL: 6'-8' d. Maximum distance waterward of NHW or NWL: 25' e. Type of stabilization material: concrete bulkhead and grout mattress g. Number of square feet of fill to be placed below water level. Bulkhead backfill 6,214 cy Riprap B reakwaterlS i l l Other i. Source of fill material. per Contractor Delivery f. (i) Has there been shoreline erosion during preceding 12 months? ^Yes ^No ®NA (ii) If yes, state amount of erosion and source of erosion amount information. N/A h. Type of fill material. Clean fill sand 4. OTHER FILL ACTIV/T/ES ^This section not applicable (Excluding Shoreline Stabilization) a. lil Will fill material be brought to the site? ®Yes ^No ^NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW), If yes, (ii) Amount of material to be placed in the water None (iii) Dimensions of fill area 200' x 140' (28,000 sg. ft, 6,222 cyl (iv) Purpose of fill To fill upland swale at head of basin. submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ^CW ^SAV ^SB ^WL ®None (ii) Describe the purpose of the fill in these areas: N/A 5. GENERAL a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline, controlled? backhoe, or hydraulic dredge)? Dredged material will be placed in diked disposal area. A NC S&E hydraulic dredge and/or land & barge mounted excavator plan will be obtained if required. c. (i) Will navigational aids be required as a result of the project? ^Yes ®No ^NA (ii) If yes, explain what type and how they will be implemented. Bulkheading will provide permanent erosion control for proposed fill area. d. (i) Will wetlands be crossed in transporting equipment to project site? ^Yes ®No ^NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. N/A ~~~~f ~ ~ Date Project Name 91Ul7 J v LUllI ®WC~ PROD # Form DCI`i-MP-3 UPLAND DEVELOPMENT (Construction and/vr land disturbing activities) Attach this form to Joint Application for CAMA Major h. Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. a. Type and number of buildings, facilities, units or structures proposed MULTI-LEVEL (LESS THAN 7 STORIES) HOTEL, 4 MIDRISE CONDOS, 25 CONDOS,i, 1 RESTAURANT. PHASE II, FUTURE PLANS INCLUDE b. Number of lots or parcels (SEE BACK) N/A Density (give the number of residential units and the units per acre) _ 1.45 UNITS/ACRE k. c.?.. Size of area to be graded, filled or disturbed including roads, ditches, etc. APPROXIMATELY 66 ACRES (PHASE I), 34 ACRES (PHASE IT). TOTAL - 100 AC. e. If the proposed project wilt disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion contrcl plan been sul:~rnitted to the Division of Land Resources? 'Yes X No UPON CAMA If yes, date submitted APPR~- ONE WILL BE SUBMITTED AT LEAST DAYS PRIOR f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for paved surfaces. ASPHAI,T,_CONCRETE, TILE, PAVER, MARL g. Give the percentage of the t; act within 75 feet of MHW ar NWL, or within 575 feet in the case of an Outstanding Resource Water, to be covered by impervious and/or built-upon pavement, buildings, rooftops, vehicular driv }~ or~ar~in~. Revised 03/95 AUG ~WQ surfaces, such as or to be used for HOWEVER Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. Has a site development plan been submitted to the Division of Environmental Management for review? ~_ Yes No If yes, date submitted SW8 920522-1986 OWNERSHIP NAME CHANGED JUNE 10, 1997. Describe proposed method of sewage disposal. BRUNSWICK COUNTY - SBWASA (South Brunswick Water & Sewer Auth.) Have the. facilities described in received state or local approval? (Attach appropriate docurnrntation) FLOW Item i. above YES ACCEPTANCE LETTER Describe location and type of proposed discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, ".wash down" and residential discharges). -~~1\ _ .R RUNOFF nN('F Th~:~.;~-.i~_."`~ _~r'PR~,`. , --- y iS BMP MEASURES 1. Describe proposed drinking water supply source (e.g, well, community, public system, etc.) BRUNSWICK C_CTJNTY WATF,R. SXS"':~I~CAROLINA m. Will water be impounded? Yes X No If yes, how many acres? TEMPORARILY STORED IN INFILTRATION BASINS. n. If the project is a oceanfront development, when was the lot(s) platted and recorded? N/A t (SEE BACK, ZO ~I 'ti Z4~ j ~ ~-evi~~ _.._ r fit,(. 200 ~ s~vr2~ ~ ~~. ~ Marsh Harbour Impervious area within the 75' CAMA buffer. AREA ~ Acres Condos 35990.03 0.83 Rest. & Roads 50653.82 1.16 Boardwalk 57848.90 1.33 Hotel 14842.30 0.34 Mid-Rise 7453.01 0.17 Total 166788.06 3.83 Papa ~~'~~ ~~ti~ Total area within the 75' buffer ~ 6 ' _ ~ ~ ~ ~~ 06181.50 ~ 13.92 Percent impervious 27.5% 100% of the impervious area is captured in an infiltration basin. ~ri-,(~o sea C.~(~s 2-D ~ ZdD~, ~olc~c~SN lv (wt ~i ~S ,~l V~i~ w' ~. ~ ~' Z ~~ ~ ~~~ ~ ~~ ~ Gr~~.-t w~-!~ ~ (,~a~~ boa,,,-~r~.(t~ ~ ~ ~ ~~ ~ ~~~~ ~ a-C d~ ~ J~ ~ a, ~-~''~~--~~~r ~~~ I ~ ~1uo ~l ~eaw~(~iAis ~ f ~ 4~ Grcv~a = f, ~ 70 ~r Z Rd,~afi~' ~ (,~; ~c~ Gam- = ~ D~ D ~-2 ~~~ PROJ # ~, ~.- y r 4 _ d S -,> . , ~" t Ce Ar ~v _~x . .~ , ~_ _~ i f ~, \` ~,~ , t ~- f.. /./jh~c3trt~st~E2r~~ '- _~. ~ _ ~ F , ,~.-~1 ~ tf7SSCt12ftJS~' ~Ra ~, ` ~ ~"z,.-.._.1 -..._._ V \ ~l \ /') } ~ }_ L `~~ ~ ~ ~ Y ' '~.~ r~ ~\ ~ ~~ _ ~,~~~} ~ '~_ _ ~'~. ~; 179 ~ f ~.rQ ' l ~ . ,o, ~ ~'~r ~ ~ ~ .,~'" "'r . x E= I lam. A /~,, /Y \ ~'y `• ~i /'~ppp ~;f -~ O ~._.r ~ ` 1'~ i. f'{ ~k ~~ i / r- ,., 1,k dt~.._, ~~ , .~ ~ > art , t,'~ ~'±~ ~ ~~ _~ ;.~-r _~ . /~ r ~( ,~ r'~ •~ ' y ' ~a~ 'r..'s fir" '-.~ ~ ;- ~ ~/ t ' ~ ' tl~ '~, ` .%,y~r' Jj{/J } ! ~Il~ ~ iL:Mi ~ J ~ ~~ ~ I ~` L i/ ~ 2' ~' a i j t 1~ `" ° `- ~ a.' `; 45 \ ~~,~ ~, ~, ~. ~; 1 s ~~.. ~~., `il ,k ~,6 ~~ s` ,,, ~ ~r, _., z , ~ ~ ~~ ~ ~ . :~~ ~+--/~--rr- `.. ` ~'-"''-~, y' ,., (.fir \ `~, _ ;~l _ _. - ~ ~, :>/" ~%' ~~„t, ~` ~ ~. `~\~ ~ d' --~ -~ 4, `, ~. -~ ~~ l~ L .- }~~ ~ ~ i ~' J/) ~ It ~ , ~ ~ C ~~ ^' ~ , -~~~~ 1 ._ ~, __ _ i ,~ ~ / }~ ~ t` ~ 1 i ~. J- . , i ; _ ~ -- ,;,. ~ ,,' ~~~ ~ ,~ .~:. s ...-, f ~~. E - ~ . .: ,~; .~ ,,_ ,; ~ - ~ t I ~ ~ L: r __ ®~ ~ ~ a~ ~ ~~~`°~~r il.,' ~~~ AUG ~ ~" ~QO~ *Boundaries are approximate and are ~~0 2000 1000 0 2000 not meant to be absolute. ~eo.a # -------~-°'~ SCALE 1" = 2000' Map Source: Calabash/Little River Quadrangle 7.5 minute (topographic) 1990. ~~~ CAMA Major Permit Application USGS Topographic Map LAND MANAGEMENT GRUUP iec Marsh Harbour Resorts, LLC Environmental Consultants Brunswick County, NC 8/2007 Sheet rof ~~ ~ ~ ~ 1 ~ :e ,, i' ~ ct1U/ flr~ i i i ~~ ;L', ; ?: •'u s l~_i'f aJ+<'~~ i rFa JrtPi.,`1,(T. ~ ~ ~ ~ ~ ~ ~ D AUG 3 0 2007 *Boundaries are approximate and are not meant to be absolute. rwtr~ Map Source: 1998 NAPP aerial photography Jao"' '" ~'- L1v~~ CAMA Major Permit Application LAND MANAGBMLNT GROUP iNC. Marsh HarbOUr ReSOrtS, LLC Environmental Consufranfs Brunswick County, NC 1000 500 0 1000 SCALE 1 " = 1000' 1998 Aerial Photograph 8/2007 Sheet ~of SK~~~~ --~ ~: ~ ~ . r- I I}~• I rti { ~~, I ~ y ~C~ ,; ~~ `i ; ` ,, i r ~~ i 1 ~+~a, 1J ~• _.~~ ~ of ~ . Sail iII %•`~-!1'--^,. S ~ 1 }• `~ 1 i `.. _3h'_ ' ./ a G 1 ~. ~ '<. -~- -..., __\ ---'~ t~ ~- ~ ~ ;i ~r~+-.. •1 'r ` ,• ( X1;1' lt~c ~ ~ C ~ ~ "~:~; . \ I ~ ~l ~\ tr~`~;~ ~' -_/~ r C .i ~ o-^~ h; ~ ~~,~~ 1~1~~y \j7~~' ~~'\ ~1~ ~ `` f~~/ ~~ ~r ,J I~ -. s. .' : i \//' / ` "i 1n '^ r ~ %i• ~ ~ ' `~~ - / ~~ ~rl~C.:~l ~'~ ~, ~' - ~ ~~' ~\ 1, ,~ ~ ~ 11 ~ / V • ••. ~ ' P ~'-_~~S 3 j ~ J ,, F ~. i# ~ ~ GRAPHIC SCALE l ~~ /• CAMA Major Permit Application ~ `~ LMG 1-- LAND MANAGEMENT GROUP me Marsh HarhOUr ReSOrtS, LLC '~ .~' ~~~' (~ IN ~/'$LT ) Environmental Consvllonts Brunswick County, NC ~; - "' I'"`~!,';Q0° tl ~ _ 8/2 7 fleet ~ of qtr ~~~~~ `~ Land Management Group, Inc. Environmental Consultants Post Office Box 2522 Wilmington, NC 28402 Tel: 910-452-0001 Fax: 910-452-0060 Rob L. Moul Larry F. Baldwin W. Stephen Morrison G. Craig Turner 15 August 2007 Edens Family LTD Partnership 2500 Highway 179 Little River, SC 29566 RE: CAMA Major express permit application Marsh Harbour Resorts, Calabash, NC Dear Sir/Madam: Suite 14 Downy Branch Office Park 3805 Wrightsville Avenue Wilmington, NC 28403 As required by the NC Division of Coastal Management, you are being notified of a NC CAMA permit application to authorize work at Marsh Harbour Resort (Calabash, NC}. As an adjacent riparian land owner, you have the right to comment on the proposed work. Attached is the complete set of site plans for your review. Also included in the proposed work is maintenance dredging within the marina basin. If you have no objection to the proposed work, the enclosed form can be completed and returned to the NC Division of Coastal Management (contact information provided on enclosed form). No response within thirty days of receipt of this letter also indicates no objection. Any objections to the proposed v~~ork should also be directed to the NC Division of Coastal Management (contact information provided on enclosed fornl). If you have any questions concerning this information, please contact me at your convenience and I will be happy to discuss it with you. Sincerely, Laura Stasavich Environmental Scientist cc: Mr. Jason Dail, NC DCM Mr. Coleman Ramsey, Marsh Harbour Resorts LLC Encl: Site plans NC DCM Notification Forni CERTIFIED MAIL RETURN RECEIPT REQUESTED Date: 8/15/07 Dear: Mr. Sir/Madam As an adjacent riparian landowner to Marsh Harbour Resort (Calabash, NC), this letter selves to notify you of plans to authorize work on the property. Attached is the complete set of site plans for your review. Also included in the proposed work is maintenance dredging within the marina basin. Should you have no objections to this proposal, please check the appropriate statement below, sign and date the blanks below the statement and return this letter to:Jason Dail, 127 Cardinal Drive Ext Wilmington NC 28405-3845 as soon as possible. Should you have objections to this proposal, please send your written comments to: Jason Dail 127 Cardinal Drive Ext. Wilmington NC 28405-3845. Comments must be received within 30 days. Sincerely, Laura Stasavich Environmental Scientist Land Management Group, Inc. I have no objections to the project as presently proposed. I have objections to the project as presently proposed and have enclosed comments. Signature Date Land Management Group, Inc. Environmental Consultants Post Office Box 2522 Wilmington, NC 28402 Tel: 910-452-0001. Fax: 910-452-0060 Rob L. Moul Larry F. Baldwin W. Stephen Morrison G. Craig Turner 15 August 2007 Calabash Investments, LLC 2511 S. Canterbury Road Wilmington, NC 28403 RE: CAMA Major express pernzit application Marsh Harbour Resorts, Calabash, NC Dear Sir/Madam: Suite 14 Downy Branch Office Park 3805 Wrightsville Avenue Wilmington, NC 28403 As required by the NC Division of Coastal Management, you are being notified of a NC CAMA permit application to authorize work at Marsh Harbour Resort (Calabash, NC). As an adjacent riparian land owner, you have the right to comment on the proposed work. Attached is the complete set of site plans for your review. Also included in the proposed work is maintenance dredging within the marina basin. If you have no objection to the proposed work, the enclosed form can be completed and returned to the NC Division of Coastal Management (contact infoi7liation provided on enclosed form). No response within thirty days of receipt of this letter also indicates no objection. Any objections to the proposed work should also be directed to the NC Division of Coastal Management (contact inforn~ation provided on enclosed form). If you have any questions concerning this information, please contact me at your convenience and I will be happy to discuss it with you. Sincerely, Laura Stasavich Environmental Scientist cc: Mr. Jason Dail, NC DCM Mr. Coleman Ramsey, Marsh Harbour Resorts LLC Encl: Site plans NC DCM Notification Form CERTIFIED MAIL RETURN RECEIPT REQUESTED Date: 8/15/07 Dear: Mr. Sir/Madam As an adjacent riparian landowner to Marsh Harbour Resort (Calabash, NC), this letter serves to notify you of plans to authorize work on the property. Attached is the complete set of site plans for your review. Also included in the proposed work is maintenance dredging within the marina basin. Should you have no objections to this proposal, please check the appropriate statement below, sign and date the blanks below the statement and return this letter to:Jason Dail, 127 Cardinal Drive Ext Wilmington NC 28405-3845 as soon as possible. Should you have objections to this proposal, please send your written comments to: Jason Dail 127 Cardinal Drive Ext Wilmington NC 28405-3845. Comments must be received within 30 days. Sincerely, Laura Stasavich Environmental Scientist Land Management Group, Inc. I have no objections to the project as presently proposed. I have objections to the project as presently proposed and have enclosed comments. Signature Date ~~~~~~ ~~~~p~ Excise Tax Tax Lot No..... .... .. ........... _. YeriSed by .................._................ by .............._. ...... ....... _ . . Brtawwick C.otatty-Register of Deeds Robezt J. Robinson Inst !1063 Book 1279page 138 01/14/1999 01:33pta Reci 1723 l5D Recording Time, Book and Page .. Parcel Identifier No. .. ...... ..... County on the day of ..... _.. _ ._.., 19 ....... Mail after recording to ... Marsh Har`:~ur_ Resorts, LTC, 11 Causepray. i)rive,, Qc=an I512 Reach, .... .... Norttt Carolina 7.6469 Thie instrument was prepared by ignore. S.. Vail Allen, FLLC (Rtiff') Brief description for the Index MaYsh Harbour NORTH CAROLINA GENERAL ~.ARRANTY DL-ED THIS DEED made this ....... _ ..... day of . n3C°Ilrlber Iu98 , by and between GRANTOR tY3°I1 ?dilli amson and tai fe, Virginia A. Williatr}so `\ C~~Y 2` 0~3. nC.• kGi _ ~»Ys-- ~~}~9 RECp -----(.1,~~ , CA5lI~Gt;~i~~~ - ~~~4~~¢ ~U~\JJ ~~0~~'~Q~~1Q GRANTEE t• Ttarsh Harbour Resorts, LLC. a North Carolina limited liability company 11 Causeway Drive ~ean Isle Azach, NC 28169 Enter In appropriate block for eaeA party: name, address, aad, if appropriate, character of entity, e.q. eorporallon or partnership. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as reyllired by context. WITNESSETH, that the Grantor, fora valuable consideration paid by the Crantee, the receipt of ~chich is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Gt-antee in fee simple, all that certain lot or parcel of land situated in the City of Township, County, North Carolina and more p:u•ticularly desn•ibed as folln\es: Sae attached Exhibit A. ;~ tea- ~ a5~o vat ~~~ .---r--- ~~ ~- N. C. am \..... 1-.. , N.. 1 (.1474. kr. r.l '£~ 1477 -....... r...w...ac...... m.,,, .~~.^..~. .~ xross ~......, ., r........i ..n~i~M . L b.. w• 9Bi,: ~ ~O~ ~ao~~Q~~ Inst # 1063 Book 1279Page: 139 The property hereinabove described was acquired by Grantor by instrument recorded in ..........._ . ............. ..... ............ A map showing the above described property Is recorded in Plat Book pace' '• •"' - TO HAVE ANI) TO HOLD the aforesaid lot or parcel of ]and and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor t:ovenants n•ith the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, attd that Grantor Ivjll warrant and defend the title against the lawful claims of a)1 Persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: Subject to easeJmnts, restrictions and mattf:rs of record. IN WITNESS WIIEAEOr, the Granter hu hereunto ce[ his hand anA ae 1. or 1f corVorate, has eau rd LNf lnatrument ld be sltned l0 Ica a of Ile award oj-alrectora. Me day ana Year tint corporate nave Dy Ile duly authoHxed uflieers and is seal to be htteun to a[nxcd by aulharlty ROPVe wtltlea. ' <eorperue Name> > 09 11 Williamson _ .a ~'~ ~~ p k Vir inia ?t. Williamson ____________________________Presl ~~ _ ATTEST: ~ ____._. _ ________ _________________________(5 ALI _____ ______________ E n pi -..... IL' I%' ~~523~~ y _______* _ I`c______5erreurY (Cornurale .~~ n rL -•---__ 1: Sr-'-- , ~Q :+ __ -(SEAL) • ~ .. ,s, __. ____. _. ._.. ___ ___ _______________________._ . ~R(~USSAIb~. -.. .•: t)'r NORTII CAItaLINA, ____ _____________ ____ __________ _ G'~~ - ._ ~ y I, a Notary 1'ubl{c of /he County and Slate atoresatd, rerlil)• (hat _ ~!nS~-n-------•-- ;,c-,. :.:.: r' ~ ° t i 2 l !U ________ ~__ e t __!___ ____________ Grao(or, .:: e.,. , . ~ ~ ~ n -: `', O personally appnred helure me this day and acknow•ledr rd the execution ut the lurtrolni Instrument. A'Itneu my '~•.: ~ _. ."~.. f l.•...'.- ' ; hand and otllefal stamp ar:eat, ihm _r3t-_- day ot __----~f-(~-CmhUl-1-t/-^••-°--/-----, ls~~_. C~ ki c'~Lp ~• ~t _____ NourY Puhlle afY comrnlsslon ex Nr<c: _ ~ _ ~ C) I ) __ OY ~ ~~~ __- _._ - _. _. SEAL-STAMP NOATII CAftOL1NA. _-_--.----------------------------County. 1, a NolarY Publlt of the County and Sult atoresatd, certify that -----------------------------------------~ Jl personally came brfoie me this day and nrknuw7edted that .___ he 1s ____________ _______________ Secretary oI c _____________________________________________ a North Carotlna coTPOratlon, and that by authority u Y ~ act Of the rPOntlan. lh for rotor InslrOment wa slrn d In lla name by 1tc riven and as the co e e s e --•------------ G President.:rats with its eorPOrale seal and attested bY ----------- as I/s --------------------------- SecreurY. 1Yltne~e mY hand and ofllclal cumP or seal, Lhls ____-__tlaY of --- -----------------------. 19_______.. alY rommisslon cxPlres: _________ _____________________ ___._ _..______._. _._.__________________ NotatY Pubtle STATE OF NORTH CAROLINA COiTNTY OF BRUNSWICK The Forgoing (or annexed) Certificate(s) of CONa28 S Notary(iea) Puhlic ie (are) Certified to be Correct. Thie Insttvment woe filed for Reglstratioa on thie lath Day of Janua 199 ' ~ `_~ in the Book and Page ehosm oa [he Pizat Paga hereof. ~JYr~'- Rohe't J. Aohinao Ragi er of Dead _. ~~©Q~~ ~~~~p~ ~~0~ ~~o~~~~ Inst t 1063 Book 1279Pdge: 190 Exhibit A BEING all of 4 tracts of land in Shallotte Township, Brunswick County, North Carolina totaling approximately 225.96 acres (including Boundary Estate lots) and more particularly described as follows: TRACT ONE: (Boundary Estate Property) BEMG all of Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 1 ], 12, 13, 14, l5, 16, 17; 42, 43, 63, 64, 65, 66, 67, 71, 72, 73, 74, 75, 76, 80, 81, 82, 83, 84, 85, 86, 93, 94, 95, 101; 102, 103, ]04, 105, 122, 123, 127, 129, 130, 131, 132, 133, 134, 135, ]36, 137, 138, 139 and 140, Boundary Estates Subdivision, as shown on a plat recorded in Map Book J, Page 274, Brunsv;~idk County Registry, said lots having the metes, bounds and location as shown on said plat and more particularly described as Tract One on a survey by Jan K. Dale, RLS entitled "Composite Survey of Marsh Harbour Lands for LaDane Williamson" dated tlt~ 29'~ day of December, 1998 and recorded in Map Cabinet 2 ° ,Page wb b , Brunswounty Registry. o Included in this tract all rights-of--way located within said Subdiv ( ~~ ingress and e ress held b the owners of other lots in Bound ~~and all rights held by g Y Odell Williamson and wife, Virginia A. Willia v ~~df,y~~ of~s~4~~~ision. This property is part of the property conveyed from C A Propzrtie~s,~ Trf~ ` o~l~ Williantsott and wife, Virginia Williamson by Deed recorded in Book 390, Page 895. TRACT TWO: (Marsh Harbor Goff Course Tract- 168.42 acres) BEING all of that 168.42 acre tract of land lying south of Boundary Drive, Boundary Estates Subdivisions as shown on plat recorded in Map Cabinet J, Page 274; east of the NC-SC State Line; north of the Calabash River Marsh; and west of the Marsh Harbnr Marina Tract (Tract Three described below) and more particularly described as Tract Two on a survey by Jan K. Dale, RLS entitled "Composite Survey of Marsh Harbour Lands for LaDane Williamson", dated the 29th day of December, 1998 and recorded in Map Cabinet 2- ° ,Page y b3 , Brunswick County Registry, said property being a portion of the property that was conveyed to Odell Williamson and wife, Virginia A. Williamson from CLA Properties, Inc., by Warranty Deed recorded in Book 390, Page 895, Brunswick County Registry. There is excepted f om the above described parcel all of that 23,167.9 feet parcel conveyed to Larry Young and wi~e, Judith Young contained in a deed recorded in Book 495, Page 159. Title is subject to access easement granted to harry Young and wife, Judith Young in Book 495, Page 512 and to golf course lease recorded in Book 399, Page 62 and amendments in Book 419, Page 148 and Book 452, Page 560. t nuaivtnancomruao~z~_ i 1 ~ d l~ 0 ~ tlor®r~r~rr~r~a¢ ~C°~LC Inst M 1063 Book 1274Page: 141 TRACT THREE: (Marsh Harbour Marina Tract - 43.78 acres) BEING all of that 43.78 acre tract of land identified as Tract Three on a survey by Jan K. Dale, RLS entitled "Composite Surv~y.of Marsh Harbour Lands for LaDane Williamson", dated the 29th day of December, 1998 a copy of which is recorded in Map Cabinet z ° Page y63 , Brunswick County Registry, together with an easement appurtenant over that 20 foot wide right of way granted to Odell Williamson by Deed recorded in Book 403, Page 903, Brunswick County Registry. , The above tract inc]udes all property that was conveyed by Trustees Deed from Michael T. Cox, Trustee to Odell Williamson and wife, Virginia Williamson recorded in Book 908, Page 960, Brunswick County Registry. See also Judgment docketed in Civil File 78 CVS 41 1 declaring the 20 foot wide easement to be an easement appurtenant to the tract conveyed in the Deed recorded in Book 403, Page 903. This conveyance in~c~ des all docks, tanks and any other marine related facilities located on this tract. ~~¢ ~~~~~ There is EXCEPTED from the above descrtb ( roperty that was released in Deeds of Release recorded in Book 792, Pa~3.-ia~ 15, 4r04~~runswick County Registry and the property described in Warranty Deed from json and wife, Virginia Williamson to Golf Coast Realty, lnc., recorded in Book 996, Page ~P3, Brunswick County Registry. The conveyance of this tract is also subject to access easements recorded in Book 996, Page 413 and Book 767, Page 428, Brunswick County Registry which are shown on the Dale survey. TRACT FOUR: (1.56-acre tract formerly known as the "Steere Tract") BEING all of that 1.56 acre tract identified as Tract Four on survey by ]an K. Dale, RLS entitled "Composite Survey of Marsh Harbour Lands for LaDane Williamson', dated the 29th day of December, ]998 recorded in Map Cabinet ZO ,Page W63 ,Brunswick County Registry. This property being the same property conveyed to Odell Williamson and wife, Virginia Williamson by Deed recorded in Book 859, Page 310, Brunswick County Registry. The property desc~Cibed above is all property owned by the Grantor within the Mars11 Harbour development. Odell and Virginia Williamson are also transferring all rights held by them as developers of the above-referenced property. DURI\Rh111CORl'\220727_ 1 _ ~ y ~~~~ ~p~! SrtaLSwg ck Coon ~~ ~ ~ o f ' ~paa Robert J. Robr (~/~~ Inst #303074 `J Book ~~8°y'pa ~~~,\ffi4 11/23/2005 ll:52:34an Rec#~ `~"a~ THE ATTORNEY PREPARWG THIS INSTRUMENT HAS MADE NO RECORD SEARCH OR RTY HEREIN DESCRBED UNLESS THE SAME _.~ ~~q} ` ~ ~ yv 1~ - TITLE EXAMINATION AS TO THE PRO PE C IV 1S SHOWN BY HIS WRTCTEN AND SIGNED CERTIFICATE. '1 .. V ~!'~/, aV I Prepared by: Kenneth A. Shanklin _ and SHANKLIN & MCHOLS, LLP ~ Return to: 214 Market Street ~,_,,.._..., ~~~-~-~'~~~ ^ seat P. O. Box 1347 .1•g 1347 2 ;;;, ~X 1 4C`~ f, ~ " J V I - Wilmington, NC 2840 U Telephone: (910) 762-9400 BtK pj`I 'I!~ r~p5ll~ 1B7 Telefax: (910) 251-1773 b Revenue Stamps: $ -0- Brief Description for Index: X168.42 Acres +/- Tract -Marsh Harbour Golf Links Tax Parcel I.D. # 2540000101 STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK QUITCLAIM DEED ~ n(] THIS QUITCLAIM DEED m d ~~nber 2005, by and between LARRY YOUNG and wife, JUDY YOUNG, an ~ LTD., (a/k/a Marsh Harbour Limited), by and through LARRY YOUNG, as t~ ]~~fficer and Shareholder of MARSH HARBOUR, LTD. (a/k/a Marsh Harbour Limited), ° 'vely dissolved North Carolina Corporation, parties of the first part, hereinafter referred to as the "GRANT ," and MARSH HARBOR RESORTS, LLC, a North Carolina limited liability company, whose mailing address is 11 Causeway Drive, Ocean Isle Beach, NC, 28469, party of the second part, hereinafter referred to as the "GRANTEE." [The designations Grantor and Grantee as used herein shall include said parties, their heirs, successors and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context.] WITNESSETH: THAT the Grantors, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, have remised and released and by these presents do remise, release and forever quitclaim unto the Grantee, its successors and assigns, all right, title, claim, and interest of the Grantors in and to that certain lot or parcel of land lying and being in Brunswick County, North Carolina, and being more particularly described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges, easements and appurtenances thereto belonging to the Grantee and its successors and assigns, free from all right, title, claim or interest of the said Grantors or anyone claiming by, through, or under them. IN WITNESS WHEREOF, Larry Young and wife, Judy Young have hereunto set their hands and seals the day and year first above written and Larry Young as the sole surviving director, officer and shareholder of Marsh Harbour, LTD (a/k/a Marsh Harbour Limited) has hereunto set his hand and seal the day and year first ~~ O ~~~~~~ Inst Ik 303074 Book 2285Page: 1085 (~ f~ O~n ML~J~JG~l~II~IIQIL above written for and on behalf of the ~"~ " tel ~ "solved entity pursuant to N.C.G.S. §55-1405 and other applicable law. s (SEAL) LARRY YO N COUNTY OF HO Y 1, '~ ~ ~ ~a Notary Public of the County and State aforesaid, do hereby "„~~~ that LARRY YOUNG and wife~~iJyY YOUNG, Crrantors, personally appeared before me this day and • . 'd,R•. dged the due execution of the foregoing instniment. V~:•'• r p "~ A R Y ~Nif~ess my hand and notarial stamp or seal, this e ~ day ofN~ov,„e~mber, 2005. ~ ~ pgp~~-sue) . ~P~,(~-~~.(•~ • ~ ~ ary Public .... ~~' •~~ %~ COMMISSION EXPIRES 09-06-2 ''~~2~vnission Expires: MY MARSH HARBOUR, LTD. ,-~ "~~ (SEAL) By: (; ..c Y YO ,the ole Surviving Director, Officer and S~iareholder of STATE OF SOUTH CAROLINA C~Ot~'Y OF HORR~ p ~e rl ~ ~~ ' a Notary Public of the County and State aforesaid, do hereby cd~E~~`' uiat I~~ i1NG, as the le Surviving Director, Officer and Shareholder of MARSH HARBOUR, LTD., th~tor, personally appeared before me this day and acknowledged the due execution of the foregoing instrument for and on behalf of the dissolved entity known as MARSH HARBOUR, LTD., (a/k/a Marsh Harbour Limited) for the purposes expressed herein. ;' ~: ., ~, '~"' r •i~. • g • • •~i?itA~ss my hand and notarial stamp or seal, this the i_~day of November, 2005. :•IaOTARy:•. - i `~/ C,'+JFy~,~ Notary Public My Commission Expires: MY COMMISSION EXPIRES 09-06-2012 ~qyI~~~ J~P~ ~300~ 22 ~ aqe: 1086 ~~ ~J~~O~~a~r®~~rr~4aa EXHIBIT "A" ~r~p~ TO QUTTCLAIM DEED 168.42 acres, Marsh Harbour Golf Links Tract BEING all of that 168.42 acre tract of land lying south of Boundary Drive, Boundary Estates Subdivisions as shown on plat recorded in Map Cabinet J, Page 274; east of the NC-SC State Line; north of the Calabash River Marsh; and west of the Marsh Harbor Marina Tract and more particularly described as Tract Two on a survey by Jan K Dale, RLS entitled "Composite Survey of Marsh Harbour Lands for LaDane Williamson" dated the 29's day of December, 1998 and recorded in Map Cabinet 20, Page 463, Brunswick County Registry, said property being a portion of the property that was conveyed to Odell Williamson and wife, Virginia A. Williamson from CLA Properties, Inc., by Warranty Deed recorded in Book 390, Page 895, Brunswick County Registry. (THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] ~a~~,a ~~~~p~ (1 (~ ~ ~ ~ c~a®r~r~dc~ lJ C~9G~O~~~~~Q -3-