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HomeMy WebLinkAbout20221505 Ver 1_CAMA Application_20221031DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Salt Wynd Preserve (Phase I) 2. LOCATION OF PROJECT SITE: 189 Pinner Point Rd., adjacent to Gibbs Creek, in Beaufort, Carteret County. Longitude: 34143'54.10" Latitude: 76°37'54.69" 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 4/5/22 Was Applicant Present — (consultant) yes Photos Taken No 5. PROCESSING PROCEDURE: Application Received Complete — 10/3/2022 Office - MHC 6. SITE DESCRIPTION: (A) Local Land Use Plan — Beaufort- Certified Jan 26, 2007, Amended March 10, 2021 Land Classification From LUP — Undeveloped, Commercial Future Land Use - General Commercial, Low Density Residential (B) AEC(s) Involved: ES (C) Water Dependent: No (D) 0-Intended Use: Commercial (E) Wastewater Treatment: Existing —None Planned — Sanitary sewer and water by the Town of Beaufort (F) Type of Structures: Existing None Planned — (developed in Phases) Phase I: development and grading of 46 single family lots and associated swales. (G) Estimated Annual Rate of Erosion: N/A Source N/A 7. HABITAT DESCRIPTION: EXCAVATE FILLED OTHER (A) Coastal Wetlands 0 ft2 0ft2 N/A (B) (Public Trust) Open Water 0 ft2 0 ft2 NIA (C) High Ground N/A 514,008 ft2 (11.8 acres) NIA (D) Total Area Disturbed: 514,008 ft2 (E) Primary Nursery Area: No (F) Water Classification: SA; HQW 8. Project SurnrnM: The proposed project would be constructed in multiple phases and would contain in its entirety, high ground development with all the required subdivision infrastructure, grading, and swales. The currently undeveloped lot will be cleared, roughly graded, vegetated, and any necessary infrastructure installed. Field Investigation Report: Salt Wynd Preserve (Phase I) Page 2 of 5 9. Narrative Description: The Salt Wynd Preserve (Beaufort Agrihood Phase I) project is located along Live Oak Street in the Town of Beaufort, Carteret County. The site is comprised of 4 separate parcels and abuts Gibbs Creek. The Salt Wynd Preserve project in total will disturb over 37 acres of high ground and Phase I will clear and grade 46 individual lots and will disturb 11.7 acres of existing undeveloped high ground. Currently the stormwater on the site drains into Gibbs Creek through sheet flow. The proposal states that future stormwater will be treated with vegetated swales and vegetated dispersed flow. The Phase I of the project will construct 5 swales (swales 1 A-D, swale 2, swale 3A-C, Swale 4, and swale 5) which will discharge into 404 and Coastal Wetlands, 2 of which (swales 4 & 5) encroaching into the DCM area of environmental concern (AEC). Swale 44 will disturb approximately 970 square feet of high ground within the AEC and swale #5 will disturb approximately 2065 square feet of high ground within the AEC. No disturbance of coastal or 404 wetlands is proposed in this Phase I development. All roads and sidewalks associated with Phase I will be constructed of pervious material and not increase the amount of impervious surfaces. The applicant has indicated that all individual homeowners will be required to maintain 50% of the lot area as natural undisturbed wooded area. The applicant states that post -development runoff flows will not exceed the pre - development amount by more than 10%. The applicant has also stated that they will limit all lots within Phase I to limit their pervious surface calculations to not exceed 12% on each individual lot. The elevation of the areas in the proposed development averages 6' above normal high water (NEW). The Phase I development will fall outside of existing mobile homes along Bertram Rd. and will be located within the currently undeveloped area. There are several areas of §404 wetlands located on the project area as well as Coastal Wetlands. The property has had a Jurisdictional Determination as well as a DCM Notice of Wetland Determination. All coastal wetlands are indicated on the workplan drawings and are comprised mostly of Smooth Cordgrass (Spartina alterniflora) and Black Needlerush (Juncus roemerianus). The Jurisdictional Determination performed by the USACE was completed on June 1, 2022 (Action Id. SAW-2022-00844). The Division of Water Quality classifies the waters of Gibbs Creek as SA; High Quality Waters (HQW). Gibbs Creek is conditionally approved open to the taking of shellfish. The Town of Beaufort's Land Use Plan classifies this area as low and medium density residential with Conservation within the AECs. There are no shellfish resources in the area. 10) Proposed Development: The applicant wishes to construct phase one of the project which consists of the clearing and grading for 46 individual lots and 5 swale areas. The applicant is proposing to include sediment and erosion control measures such as sediment fencing, seeding all unvegetated ground within 14 days following any disturbance, inlet protection and rip rap aprons to Field Investigation Report: Salt Wynd Preserve (Phase I) Page 3 of 4 prevent wash out. The applicant has not proposed any filling or excavation of coastal or federal wetlands associated with Phase I of the project. Per the applicant, the high ground work would be phased construction and consist of the following: Phase 1: install construction entrance, install silt fencing, clear vegetation as required, rough grade the site, install drainage infrastructure and grassed swales, install utilities, place stone and pervious paving, and lastly, establish vegetation. The applicant is proposing the filling and grading of 11.8 acres of high ground during the construction process. Currently the high ground is at an elevation of +6' nhw. Only two swales are proposed located inside of the 75' AEC, however, both swales will terminate prior to any coastal wetlands. The Applicant has indicated that future work to develop a total of 81 single family lots. The applicant has stated that Phase 2 development will be addressed in a subsequent permit request. Anticipated__Impacts: There would be no impacts to coastal wetlands or Public Trust/ Estaurine Waters with the proposed development of Phase I. 11.8 acres of high grounds filling and grading will be associated with Phase I development, but the applicant has proposed sedimentation and erosion control measures to reduce any stormwater runoff into Gibbs Creek. There would be minor development (grading, some land disturbance) during phase I of the project. All work would be outside of the AEC with the exception of swales #4 and 5. The applicant is proposing to use completely pervious pavement for all roads and sidewalks, so the amount of impervious surfaces proposed in Phase I development should not cause any increases in impervious surfaces between the pre and post -construction. There should be improved drainage of this property due to the installation of new stormwater management infrastructure. It is anticipated that development with the future phases would cause more impacts. Name: Curt Weychert Date: 10/11/22 Office: Morehead City CAMA Major Narrative Salt Wynd Preserve Phase X September 16, 2022 Permittee: Beaufort Agrihood Development, LLC 176 Mine Lake Ct Suite 100 Raleigh, NC 27615 207-449-8801 Engineer: Stroud Engineering, P.A. 10713 Commerce St. Greenville, NC 27858 License Number; C-0647 1. General Information Salt Wynd Preserve Phase 1 is a proposed subdivision that is located off of Pitulers Point Road in Carteret County, North Carolina. It is a 37+ acre tract located in Beaufort Township, approximately .23 -miles Southeast from the intersection of Live Oak Sheet and Pinners Point Road. This total development consists of 81 single family lots, with only 46 being proposed in Phase 1. This permit application only pertains to those 46 lots located in the Phase 1 boundary, Phase 2 development will be addressed in a subsequent permit. The initial land disturbing activity for the project will be to grade as required for the roads within the Phase 1 area. A low - density stormwater application has already been subimnitted as well as the erosion and sedimentation control application. No development is permitted in the CAMA AEC by the homeowners per the restrictive covenants, and the only development proposed in the required CAMA major permit is for the construction of 4 swales within the 75' AEC for discharge relating to the stormwater design. These swales will extend through the AEC and terminate at the coastal wetlands boundary as delineated by DCM, Timis project is not part of an urban redevelopment proposal, -Water and sewer will be provided by Beaufort Utilities -The project proponent hereby certifies that all information contained hereon is true, accurate, and complete to the best of my knowledge and belief, -The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. II. Stormwater Information The project is located within the FEMA Flood Hazard area known as AE6. Stormwater ruunoff currently drains from the site by sheet flow to Gibbs Creek. This project is proposed to be low density subdivision for single family residences, The treatment mechanism will be vegetated swales and vegetated dispersed flow, These swales will discharge at 5 locations into the coastal and 404 wetlands as delineated by DCM and ALOE, All streets and sidewalks within the development are proposed to be pervious pavement, All proposed culverts will be for the conveyance of stortnwater and will not be located withing the 404 wetlands or CAMA AEC, In addition, each home will be required to limit runoff discharge as noted in the lot specific calculations table by utilizing a storm water SCM of the home owner's choice. This ensures the post -development runoff flows do not exceed the pre - development run -toff flows by more than 10%. The developer has also required each homeowner to maintain 50% of the lot area as natural undisturbed wooded area. III. Erosion and Sedimentation Control Measures The following measures are proposed for the site. If it becomes evident that additional erosion and sedimentation control measures are needed, they shall be installed inunediately, It is intended that all grading and excavation activities within a certain area will be protected as soon as that activity is complete. 1. Sediment Fence - Sediment fence will be utilized as necessary in locations as shown on plans or as deemed necessary by the engineer to ensure that off -site sedimentation is controlled. 2. Seeding - All disturbed areas will be seeded within 14 days following construction in accordance with the seeding schedule shown on the plans, 3. Stone Construction Entrance - Stone construction entrance will be used to reduce transport of sediment off site. 4. Inlet protection will be provided where roadside ditches ruun into proposed pipes, as well as, around all drop inlets, 5. Rip rap aprons will be provided at all pipe discharges. IV. Maintenance Plan 1. All erosion and sediment control measures shall be checked for stability and effective operations following every runoff producing rainfall event or at least once per week. Repairs required shall be completed immediately to the dimension and functions indicated on the plans. 2. Sediment shall be removed from behind the sediment fencing when it becomes 0.5 feet deep at the fence. The fence shall be replaced or repaired as necessary to maintain a barrier. 3. All seeded areas shall be fertilized, seeded and mulched within. 14 calendar days of disturbance. Disturbed areas shall be fertilized, reseeded and mulched as necessary according to the Contract documents to establish and rmiltain a dense vegetative cover. V. Construction Sequence 1. Install construction entrance. 2. Install Silt Fence, 3. Clear vegetation as required 4. Rough grade site, 5. Install drainage and grassed swales. Place inlet protection at all inlets, G. Install Utilities. 7. Place stone and paving. `�151171111F11lff` S. Establish vegetation.Piz iz =z, #PE053478 - - 'C7 JO Jolunson, P Date 11101111 Y�-1 APPLICATION for ; s Major Development Perm (last revised 12J27106) ?. Primary Applicant/ Landowner Information Business Name Beaufort Agrihood Development, Llc Project Name (if applicable) Salt Wynd Preserve Applicant 1: First Name Beth Ml Last Name Clifford Applicant 2: First Name MI Last Name if additional applicants, please attach an additional page(s) with names listed. Mailing Address 176 None Lake Ct., Suite 100 PO Box City Raieigh State NC ZIP 27615 Country USA Phone No. 207 - 449 - 8801 ext. FAX No. Street Address (if differentfromabove} City 71-�— ZIP Email beth@beltwayig.com 2. Agent/Gontractor information Business Name Stroud Engineering, Pa Agent/ Contractor 1: First Name MI Last Name Linwood E Stroud Agent/ Contractor 2: First Name M 1 last game Joshua L Johnson Mailing Address PO Box City State 422 Highway 24 Morehead City NC ZIP Phone No. 1 No. 2 28557 F252 252 - 247 - 7479 ext #226 725 - 7877 ext. FAX No. Contractor A 252 247 4098 C-0647 Street Address (Voifterent from above) City State Email JJohnson@stroudengineer.com <Form continues on back> RECEIVED 252-S08-2808 1-888-4ROOAST -. ww v.nvC�2s8a9rsaaraage nen@.tee L)GIM-MHD CITY Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. 9 Carteret 189 Pinner Point Rd. 1303 Subdivision Name State Zip Salt Wynd Preserve rBeauf,):rt NC 28516 - Phone No. Lot No.(s) (ifmany, attach additional page with list) - - ext. 39, 40, 41, 42, a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project White Oak Gibbs Creek 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 North River e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed RYes ❑No work falls within. Town of Beaufort 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 1716 1,614,770 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (acrmal high water) or 24,394, 29,944, 25,402, 27,898 NWL (normal waterlevel) (Hmany lot sizes, please attach additional page with a list) 6' ®NHW or ❑NWL e. Vegetation on tract Heavily wooded with large southern pines. f. Man-made features and uses now on tract NIA g. Identify and describe the existing land uses adiacent to the proposed project site. Residential to the south and vacant/residenbal to the north. h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? R-20 (Attach zoning Compliance certificate, if applicable) ®Yes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? OYes ®No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes RNe ❑NA If yes, by whom? L Is the proposed project located h a National Registered Historic District or does 4 involve a ❑Yes RNo ❑NA National Register listed or eligible property? <Form continues on next pages 252-80c3-250S .. 1-888-4r.CJ ST .. .DOM-MVID CITY Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? MYes ©No pi) Are there coastal wetlands on the site? ®Yes ❑ No (iii) If yes to either (i) or (h) above, has a delineation been conducted? MYes ❑No (Attach documentation, if available) n_ Describe existing wastewater treatment facilities. N1A o. Describe existing drinking water supply source. NIA p. Describe existing storm water management or treatment systems. NIA 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Govemment M PrivatelCommunity b. Give a brief description of purpose, use, and daily operations of the pro}ect when complete. 2 swales to service stomnwater from proposed residential[ single family home community. 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. A small excavator will be used to construct two small swale outlets that will tarverse the 75" AEG and terminate at the wetland boundary. Equipment will be stored on site within the disturbance limits Identified in the erosion control permit. d. List all development activities you propose. Excavation of two small swale outlets that will terminate at the wetland -boundary. e. Are the proposed activities maintenance of an existing project, new work, or both? New work f. what is the approximate total disturbed land area resulting from the proposed project? 11.8 ❑Sq.Ft or ®Acres g. Will the proposed project encroach on any public easement, public accessway or other area [DYes MNo LJNA that the public has established use of? K. Describe location and type of existing and proposed discharges to waters of the state. Two proposed grassed swales located between lots 39-40 and 41-42. Existing discharges include multiple swales discharging to 404 wetlands continuing to Gibbs Creek. i. Wilt wastewater or stormwater he discharged into a wetland? MYes []NO ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ®No ❑NA j. is there any mitigation proposed? ❑Yes MNo ❑NA If yes, attach a mitigation proposal. <Form continues on backer RPcr;I 1� i sip 91. A,_�._10? 1 25?-SUS-280a . 1-583-4PCO AS'T .. www.noconstnimanna lement.ne-t #J�M"'111 HD (;l i F Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application fora, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (i) are always appTcable 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 apprication fee. Check or money order made payable to DENR_ f_ A list ofthe 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 Theron Levon McLamb Phone No. Address 111 Mariah Drive, Four Oaks, NC 27524 Name Terrence Smith Phone No. Address 235 Ashe Lane, Beaufort, NC 28516 Name Phone No. Address g. A list of previous state or federal permits Issued far work on the project tract. Include permit numbers, permittee, and issuing dates. 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. i i 3A 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. 1 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the devo#opment 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 provided in this application is truthful to the best of my knowledge - Date 9126122 Print Name Jos ua rise /0 Seth Clifford; Beaufort Agrihood Development, LLC L Signature Please indicate application attachments pertaining to your proposed project. ODCM MP-2 Excavation and Fill Information . ❑DCM MP-5 Bridges and Culverts ®DCM MP-3 Upland Development ©DCM MP-4 Structures Information 5EP 29 2022 252-8r8-23t8 -588 aRG[3saST .. wr�w.rat�oas� 9maraa er WIME IHID CITY Form DCM MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) 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. GENERAL. UPLAND DEVELOPMENT a. Type and number of buildings, facilities, units or structures b. Number of lots or parcels. proposed. 46 c. Density (give the number of residential units and the units per d. Size of area to be graded, filled, or disturbed including roads, acre). ditches, etc. 1.24 11.7 e. If the proposed project will disturb more than one acre of land, the f. fist the materias (such as marl, paver stone, asphalt, or concrete) Division of Land Resources must receive an erosion and to be used for impervious surfaces. sedimentation control plan at least30 days before land -disturbing No impervious surfaces are proposed. All roads and activity begins, sidewalks will be constructed with pervious pavement, i ifaoolioable. has a sedimentation and erosion control olan been submitted to the Division of Land Resources? ( 4 e ,'8-tthe!da�eo bmitted 6.110122 _ g- Give the percentage of the tract within the coastal shoreline AEC to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 0% I. Give the percentage of the entire tract to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 12% j. Describe proposed method of sewage disposal. Municipal sewer I. Describe location and type of proposed discharges to waters of the state (e.g., surface runoff, sanitary wastewater, indusiriaV commercial effluent, 'wash down'and residential discharges). 5 grassed swales will he installed to convey residential stormwater discharge to the wetlands, two of which will be located within the CAMA AEC. In addition, each residence will be required to capture and retain a portion of their stormwater runoff as noted in the stormwater permit and restrictive covenants- h. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. (i) Has a site development plan been submitted to the Division of Water quality for review? (--)Yes ®No ❑NA (ii) Ifyes, list the date submitted: k. Have the facilities described in Item @ received state or local approval? ❑Yes ®No ❑NA If yes, attach appropriate documentation. M. Does the proposed project include an innovative stormwater design? ❑Yes ®No ❑NA i Ifyes, attach appropriate documentation. 252-808-28082 :: 1-888-4RCOAST :; www.neceastalrn:oria eMent.net revised: 12/26f06 Form DCPA MP-3 (upiand Development., Page 2 of 2) m. Describe proposed drinking water supply source (e.g., well, community, public system, etc.) Municipal water o. When was the lot(s) platted and recorded? Prelimanaty plat approval received 5/16/22 W26122 Date Salt Wynd Preserve Project Name Joshua Johnson C/O Berth Clifford, Beaufort Agr€hood DeveMent, f LG n App)%ar� Namil / f ppliT Signature n_ @ Will water be impounded? ❑Yes ®No ©NA (i) If yes, how many acres? p. If proposed development is a subdivision, will additional utilities be installed for this upland development? ®Yes ❑No ❑NA �wmw) OTT 252-808-28€ 8 :: 1-888-4'RCOAST :: www.nccoasimirn;nnngLrnent.n@f revised: 92126/06 Weychert, Curtis R RECFJVr-p From: Perry, John M <John.Perry@ncdenr.gov> Sent: Friday, August S, 2022 10:40 AM OCT a 3 2022 To: Joshua Johnson ®CM-MH® CITY Subject: RE: [External] Pre File ? Hello Josh, please fill out the following to knock out the pre -file requirement. If you are having trouble scheduling an interagency scoping meeting please contact Cameron Weaver (camerun.weaver@ncdenr- ov). Keep in mind, if it is a simple project you can try to arrange a site visit with the appropriate staff. Project Name: County: Applicant Name: Applicant Email: Consultant: Please send your response to 401prefile@ncdenr,gov and copy me. This email is to fulfill the pre -filing meeting request requirement put in place on Thursday April 7, 2022 when the Environmental Protection Agency's 'Clean Water Act Section 401 Certification Rule' (`Federal Rule') was reinstated to its previous version which originally became effective on September 11, 2022. In accordance with 40 C.F.R. Section 121.4(a) 'At least 30 days prior to submitting a certification request, the project proponent shall request a pre -filing meeting with the certifying agency'. In accordance with 40 C.F. R section 121.5(b)(7), and (c)(5) all certification requests shall include documentation that a pre -filing meeting request was submitted to the certifying authority at least 30 days prior to submitting the certification request. From: Joshua Johnson <jjohnson@stroudengineer.com> Sent: Thursday, August 4, 2022 9:01 AM To: Perry, John M <John.Perry@ncdenr.gov> Subject: [External] Pre File ? CAUTION: External email, Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Rye ort Spani, John, As discussed, I am having trouble with the scoping meeting request link. If you would please shoot me over the link so I can set up the meetings. Thanks! Josh Josh Johnson, PE Weychert, Curtis R RECEIVED From: 401PreFile <401 PreFile@ncdenr.gov> OCT 0 3 2022 Sent: Friday, August 5, 2022 4:29 PM To: Joshua Johnson DCM-MH® CITY Subject: Automatic reply: [External] Pre File Meeting Requests This email confirms receipt of your pre -filing meeting request. Please retain this email for your records and submit this documentation as part of your 401 application (PCN Application) as required by federal law. DWR will not be able to accept your application without this federally required documentation. 401 applications received without documentation that a pre -filing meeting request was submitted at least 30 days prior will be returned as incomplete. Responses to this email are not monitored. Background On April 6, 2022, the United States Supreme Court issued an order staying a lower court's vacatur of the Trump Administration's 2020 "Clean Water Act Section 401 Certification Rule" ("Federal Rule"). As a result of the United States Supreme Court order, the Trump Administration's Federal Rule has sprung back into effect. The Trump Administration's Federal Rule imposes additional procedural requirements on applicants for 401 Certifications and on DWR's processing of those applications. One requirement is that 401 applicants must request a pre -filing meeting request at least 30 days prior to submitting their 401 application. [40 C.F.R. §121.4] In turn, the Federal Rule requires that applicants include documentation of their pre -filing meeting request in their 401 Certification application. [40 C.F.R §121.1; 40 C.F.R. §121.5]. Please refer to the Federal Rule for more information. Per 40 CFR §121 and §121.5, a 401 Certification application that does not include the required pre -filing meeting request documentation does not constitute a "certification request." As a result of the reinstatement of the Trump Administration's Federal Rule, all 401 applications received after April 6, 2022 that do not have documentation that a pre -filing meeting request was submitted at least 30 days prior to submittal of a 401 Certification application will be returned as incomplete. If you need to contact 401/Buffer Permitting Staff, please use the following link(s) to access of staff contact llst(s). For Non -Transportation Central Staff: https:/ deq.nc.gov/about/divisions/water-resources/water-quality-permittingZ401-buffer-permitting/401- buffer -permitting -contacts For Non -Transportation Regional Staff: htt s: edocs.de .nc. ov WaterResources DocView.as x?dbid=0&id=2162034&cr=l For all Transportation Projects Including NCDOT Projects: htt s: de .nc. ov about divisionsZwater-resources/water-resources-permits/transportation- oermittin0staff-contacts Mr. Stroud and Mr. Johnson, Upon further review of your Major Permit Application, please provide us with the following additional information, corrections, and address the deficiencies. MP-1 Section 4j — please indicate that this project is not part of an urban waterfront redevelopment proposal, • Section 6a — Please be sure to indicate the DWR 401 required statements of attestation: * The project proponent herebh , cerlt f es thal all infoi7wallon contained herein is ti ue, accurate, and coml)lete to the hest of my knowledge and helief. * The project proponent hereby requests that the certifying authority review and lake action on this C'W'A 401 cei-tlflcatlon ]'equest within the applicable: i-easonable period of tulle. • Section 6b -- Please provide the Division with drawings of the existing conditions, and the proposed work. These workplan drawings should indicate the following: o Please indicate the area of Phase 1 proposing to be developed including the 46 homes, all sidewalks, roads, swales, disturbed area, etc. o The workplan drawings must be accurately drawn to an engineers scale (1"-200' or less) (example 1"=30'), 1"=50', 1"=60', 1"=100', etc.). The scale must be indicated on the drawings. o Simple Title Block (indicating name of applicant) o Drawing Number(s) — (example: drawing/page/sheet 1 of 4) o Date workplan was prepared o Vicinity Map o Standard North arrow o Legend and scale o Shoreline o Waterbodies (indicate name of water body) o Width of adjacent water body o Marsh Lands (federal wetlands) o Coastal Wetlands (indicate both upper and lower limits) o "404" Type Wetlands o Existing and proposed man-made structures c Exact areas and dimensions of proposed excavation (for both high ground and in water excavation) o Exact areas and dimensions for fill and -or spoil disposal (for both high ground and in water fill) o Ap rox' o Approximate Nor _o---Property oundaries o Names of adjacent property owners o Area of Environmental Concern (AEC) boundary (example: 75-foot Estuarine Shoreline AEC) c 30-foot Coastal Shoreline Buffer mq-3�e)) 5'J--'�1�s`v' A o Depth and elevation of existing structures o Proposed work relative to the existing ground level Cross -Sectional (side -view) Drawing(s) o DWR Riparian Buffer Zones o Roadway cross-section (including right of way limits) MP-5 • Your project narrative seemed to indicate that there would be culverts installed to drain stormwater into existing 404 wetland areas. If the MP-5 Form is relevant to your proposed work, please provide that form with the additional information. Property owner information: If only Phase 1 is being proposed at this time, the workplans and drawings should indicate that. If the entirety of the lots (25.84 Acre and 42.39 Acres lots as well as Bertram Road are being proposed, the current ownership of these three properties are owned by Pearl West, Bertie Neely, and Beaufort Agrihood Dev, respectively. If these individuals are planning on going in as co -applicants, the MP forms would need to indicate that, however, if they are all applying under Beaufort Agrihood Development, LLC, I would need to see legal paperwork indicating that all the property owners are part of this LLC. Additionally, I did not see any notification delivery proof or signature of an adjacent riparian property owner form from Mr. Terrence Smith. DWR pre -filing request Please provide me with the documentation of the 8/8/22 request for a pre -filing scoping meeting. :4--22946 MAJOR PERMIT FEE MATRIX A licant: Vl Y I oo C( Selection Development Type Fee DCM % DWQ % (14300 1601 4351000931625 6253) (243001602 435100095 2341) 1. Private, non-commercial development that does not $250 100% ($250) 0% ($0) involve the filling or excavation of any wetlands or open water areas: 11. Public or commercial development that does not $400 100% ($400) 0% ($0) involve the filling or excavation of any wetlands or open water areas: Major Modification to a $250 100% ($250) 0% ($0) CAMA Major permit ill. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A, B, C, or D below applies: III(A). Private, non- commercial development, if $250 100% ($250) 0% ($0) General Water Quality Certification No. 4097 (See attached) can be a lied: III(B). Public or commercial development, if General $400 100% ($400) 0% ($0) Water Quality Certification No. 4097 (See attached) can be a lied: III(C). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 4097 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: III(D). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 4097 (see attached) cannot be applied: IV. For development that ❑ involves the filling and/or $475 60% ($285) 40% ($190) excavation of more than one acre of wetlands and/or open water areas: ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director October 31, 2022 MEMORANDUM �nEQ NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Office: 252-515-5416 (Courier 11-12-09) gregg.bodnara_NCDENR.gov SUBJECT: CAMA Application Review Applicant: Salt Wynd Preserve (Phase 1) Project Location: 189 Pinner Point Rd, Beaufort, Carteret County Proposed Project: High ground development — subdivision infrastructure, grading and swales Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by November 21, 2022. If you have any questions regarding the proposed project, contact Curt Weychert 252-515-5413. when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** PRINT NAME AGENCY SIGNATURE DATE This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. D E Q�� North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557 NORTH CAROUNA - Oepadment01EnWronmenmlQuality /� 252.808.2808 WARK,.'.�PY_DEED -- Withovl P,4ate Exa r — & IS !n - --He,xid l'rinLintf Co., Morehead CitY, N. ; _________________ART&tEI'---_-'__ _ _ -- } NORTH GARODNAC ----------------------------------------- County. . . THIS bF.EU, \1a�e this ----2_ ---------daY of - _ -qul3,'----- - - _ _ -- - A. D 1J 6_ by and__hL3ris_D.- EO)an------ -9 --_ .--- -- ------- -------- ----- _t. %e I -- ----- i --- ------------ of CAR ERET ------------- County and Sate of ---- \ORTH GIROL NjI._- -- ---------------- of the first park, to _. . f Bertie L. Eubanks ----------------------------------------- - .------------------ - --------------------------==- " of sr�r�T_co rrrrY of the second par{; "oT}i aaRgr.>rs ---------------- County and Statelof - - - -------'-------"----- i .. WITNESSETH, That said_..__---oart;� o£-the_firyt_part------------------- ---------"-------- - in eonsid_eratian of _--Ten and dIof100 - - - - - - - - - - - - -'_ them said by _jai=tY. Q---the_-second Hart ------------------- f: = the receipt of which is hereby aLOnen,Iedwad, he Xe_s_____bar caned and Wl. end h Ihcxe !,,., ..rll v- g Y prvaenls dv______________rant. 1—gain, and c-urry to said--_-,..�az:t-Y_O' .the se;;and Dart --'--------------- .. ..... --- -- - - - --- --------------- --------- -------- _____-__-___ h s ____-___heirs and aesig,is, a certain tract or parcel of land in ___ CAR'lE?k;T County, State of 1�RTH CAROiII'fA . more particularly described as follows: BDjll ING at a iron stake Harry Hardy's southwest t:orner in the cast right of way line of U. S. Highway No. 70; running thence with said Hardy's south lire 5 ILO# 01 E, 200.01; thence 14 36#-001E, 140.01 to the Gooding line; thence with said line 5 454-401E, 362.01; thence S 50*-WI E, 797.01 to a concrete monument in the center of a Branch; thence with the center of the Hranch 5 9-201E, 450.01; 5 ltt#-351E, 725.0' to another Branch or Gut; thence up said Branch or out S 50tt-30'W'i 542,01 to a iron stake; thence N66tt-451�11, 113,01 to a iron stake; thence S 87r.-00"r'9 215.0' to a iron axle; thence N 29' 301id, 354.01; thence N 658f-301E, 228.01 to i iron stake; thence N 331-0011rI1 1386.51; thence N 41;1-15"E, 81.5'; thence 5 32«15% 137.01; thence II 36-301E, 100.01; thence N 53�11-30'1'', 15m, to the east right of way line of U. S. Highway No. 70; thence urith said ili['hway line N 361t-0011B, 363.01 to the point of beginning, Containing 39,85 Acres, Being a part of the Ivey Eubanks :arm in Bcaufort Township Carteret Coarity, "North Carolina. ti�l__ t'�•�C I I TO HAVE AND TO HOLD the aforesaid LrncL or Fareel of land, and all privileges and appurtenances thereto belopr'iog, to Lhe Q•Lrty of the second part his heirs and as+icns. tu___ h$____._onlx Llsc ,.nd eeid---- ---------------------------------------------------------------------- behoof forever, - , And the said c Party o£_ the_first_part____________________________________ _ tllexr---__ gel and _tl'ejx__ heirs, executors and administrators. rc ,-nant________wilh said_____________ for _____________ - party of the second part his and as ie„s, lha t__he_is__ seined of j __._______________w________________________________-_______________heirs 1 said premises in fee and has ------ right to convey in fee simple; tile:. the =a,ne ore free and clear from nil enc,r.,]brances and shot - _ ____h4_____________ do e.7---------------- hereby forever tyar .nt and • i11 forever deL.nd the xaW title In the xor•.e ettoimt the claims of all persona whomsoever. IN TESTIMONY WHEREOF, the said _?artier. oi' tl]_e firsi,_ps'tr�_________,.- ____________________________________have_..____ hereunto set ___ibCir__---------- ''.and 3_____________ and seal s------------ the day and year first above written. - ______„---------------------------------------------- (SEAL) __ ____F�+- - llli ' - �+1- ------ --- :------ (HF',Af.) S AU I" STATE OF NORTH CARnr,INA--------- �!_af�a-m - :'CnJ`tSLr•""%,�,�— . Charlene Tayfor Nears r -------- -- ---- ----- -------- ---r- - Ivey'Eubanks ndhfswlfe MeleD. Euban'i-- .�j �p� n•rt [r t ]4 i personally appeared before me this day and. acknowledged thu doe executinn of the nnnexed deed of cnnvn.Prk- /Vti ) - 1 17th September a�f., . _Aoi'1 7 Witness my hand and notarial seal, this_____________ d y of - ---- -- ---:. �,-- A'ti@.S- _•:., a ________ __ 6 r My ---------- Expire; -[-gust 8, 1--- �� 9 M.Y mmmiasion expirca------------------"-------------------- -----.-. -- - ---- - - - •'�1 , „ STATE OF NORTH CAROLINA- ____ CAp_71__4E,1_ _. The foregoing certificate of _____, _ _ '_ v A-� 1 _ a __------- --- cs a N".Xary Public of _____-Utt:A A ------------------- County, 5 -th Carolina, is to ;e roo eel. La -Me Witaeas,aty hand alM nt, this-____�__'. Filed for registration on the .--day .__dayof _ and duly reeorded ]n the offiee of the Register of beedr.of .� --day of A, . f jj L'J L'L ------- Count, N'. C. Register ,y.iZ ede" , STATE OF NORTH CAROLINA,COUNTYOF Carteret THIS GEED OF TRUST, made this 19th day of February , is 8? , by and between Carlton Ray West and wife, Pearl G. West hereinafter called the Grantors, and John D . C i V i 1 s , Tmstoo, of Pt County, North Carolina, and Wachovla Rank and Trust Company, N.A. a national banking association with Its principal olflco at 301 North Main Street, Winston-Salem, North Carolina, hereinafter called the Beneflclary: WITNESSETH, WHEREAS, the Grantors are Indebted to the Beneficiary In the principal sum of THIRTY THOUSAND DOLLARS AND 00/100---------.--_------- [$30,000.06� Dollars lot money loaned as evldonced by thelr note (the Note) of even date horowllh (reference to which is hereby mado), the payment wherool the Grantors desire to secure, together with interest and any renewals, modifications, or exionslons thereat, In whole or In part, and the additional payments hereafter agreed to be made. NOW, THEREFORE, In consideration of the promises, and In further consideration of one dollar to aach In hand paid, the receipt whereof is hereby acknowledged, the Grantors have granted, bargained and sold and by these presents do grant, bargain, sell and convey unto the Trustee, his successors, or assigns, that certain piece, parcel, lot or tract of land lying In —Bealif nYt -Township, In Carteret County, and more particulerlydescribed asfollows: See attached sheet. TO HAVE AND TO HOLD The said premises, together with all the privileges and appurterianoes thereto belonging, incident or appertaining thereto, unto the Trustee, his successors and assigns, In trust for the uses and purposes hereinafter limited, described and declared. And the Grantors covenant with the Trustee that they are selzed of said premises In foe and have the right to convey the same in fee simple; that the same are Iran from fill encumbrances, find that they will warrant and defend the title to the same against the claims of any and all persons whomsoever. PROVIDED,Nevertheless, and on this EXPRESS CONDITION, that If the Grantors shall fall orrie IectgopaytheInterestonlheNoteBathesaid Interest becomes due and payable, or if they shall fall or neglect to pay the principal and Interest due on the Note at the maturAythereof. or if any part of the Note shall remain due and unpaid, of if Grantor shall fall to comply with the terms and conditions of this Deed of Trust or the terms and conditions of any other document which may from time to time evidence or secure the Indebtedness, then it shall be the duty of the Trustee, his successors or assigns, et the request of the Beneficiary, or Its assigns, to sell the said land at public auction to the highest bidder for cash, after having Ilrsteomplied with all applicable requirements of North Carolina pe law with rasct to the exercise of powers of sale contalned In deeds of trust and upon such gale, the Trustee shall convey title to the purchaser in lee simple. After relalningfrorathe proceedsOfsale)ustcompensationforhisservicesandBitexpensesincurredbyhim,including reasonable attorneys fees for legal servlces actually performed, the Trustee shall apply the residue of the proceeds first to the payment of all sums expended by the beneficiary under the terms of this deed of trust; second, to the payment of tho Note and Intoresl thereon secured hereby; and the balance. If any, shall be paid to the Grantors. The Grantors agree that in the oventof a sale herounder, the benallclary shall have the right to bid thereat. The Trustee may require the successful bidder al any sale to deposit immedlatelY wilh the Trustee cash or cariified check In an amount not to exceed live percent (5 h) of the bid, provided notice of such requirement Is contained In the advertisement of sale. 1I Is stipulated and agreed that In case the Grantors shall payoff theprincipal Oland interestonthe Noteasandwhen the some shall becomadue and payable and shalt discharge gully the trusts herein declared before such sale then the herelnabove described premises shall be reconvayed to the Grantors or the title hereto shall be revasted according to the provislone of law. And the Grantors covenant and agree that they will keep all taxes Including asor ether levies made by any governmental or quasi -governmental entity having jurisdiction over the property which maybe ossossed against said premises promptly paid oft, and Thal they will keep the buildings on the premises Insured In the amount required by the Baneliciary against loss or damage by lire or any other casuaHles as the benellclory may require, far Iha benefit of the Raneflclary, loss, ii any, toba made payable in the policy d policies of Insurance to the Baneilciary, as its Interest may appear; and In case life said texas or the premiums far said Insurance should at any lime be paid by the Beneficiary, or ensigns, lhen any amounts se expanded shall become debts due, shell bear Interest at the role spadiietl in the Nole, and their payment will ba secured by this Deed of Trust. ii the premisesor any part thereof shall betaken bycondemnatienorsetllement Inlieu thereat, Beneflclary shall have the option of de Iaring Iha unpaid haleness of the note ImmedlatoI payable. Any awards paid as a result of condemnation orcompromtse in lieu Ihareef are hereby assigned to Beneflclary. It is further stipulated and agreed that the Grantors shall malnloln the premises in good order and repair acid shall not commit or permit any waste thereof; and the Beneficiary shall have the right to Inspect the premises at all roasorable times and the right el access thereto for such purpose is hereby granted to the Beneficiary or its agents. If the premises shall be transferred, assigned, conveyed or otherwise encumbered or if hens are Iliad egalnst the property and not removed within 15 days after any such tiling during the term of this Deed of Trust wlthouifirst obtaining the Wdttenconsenl of the Beneficiary, theunpaid principal of and accrued interest on the Nate secured by this Dead of Trust shall, at the option of the Beneficiary, Immediately become due and payable. No delay offorbeoraneebythe beneflclaryInoxerelsln any orallofIts rights hereunder orrights otherwise afforded by law shall operate asa waiver thereof or preclude the exercise thereof, during the continuance of any default as set forth herein or In the event of any subsequent default hereunder and all such rights shall be cumulative. In the event the beneficiary or the Tru%ea voluntarily ar otherwise shall become party 10 any legal proceeding to protect the property herein conveyed or to protect the lien of this Deed of Trust the Trustee and beneficiary shall be saved harmless and shall be reimbursed by the grantor for any amounts paid, Including reasonable allarnays lees, and any such amounts so expanded shalt be secured by the lien of this Dead of Trust, shall bear Interest at the highest lawful rate than permitted, and shall be payable upon demand. The irrevocable power to appoint a substitute trustee or trustees Is hereby expressly g ranted to the Beneficiary. its successors or assigns, to be exercised at any time hereafter, without notice and whhout specllying any reason therefor, by filing for record In the ollice where this Instrument Is recorded an Instrument of appointment. The Grantors, for themselves, their heirs. executors, administrators, successors and assigns, and the Trustee herein named, or that may be substituted hereunder, expressly waive notice of the exercise of this power, and any necessity for making oath or giving bond byany trustee, as well as any requirement forapplicalion to any court for the removal, appsinlmenlorsubslilutlon of any trustee hereunder;and the Beneficiary. Its successors or assigns, may elect to appoint a substitute trustee I accordance with theof North Carolina. IN WITNESS WHEREOF, She Grantors have hereunto sat their hands and s�alyThe day r�yidfirst a ve M M z M STATE OF NORTV CAROLINA, ereY 7' COUNTY I. Q�Paw�T , a Notary Publlc of artAret County, North Carolina, do 1h91 Carlton Ray West-; certify ': Pearl G. West and. each,pt[rsfialiy'"appeared before me this day and ackno ledgad The due execution of the foregoing Deed of Trust, ;.; .;,... ,.. �. ��day 7 i9• Witness mar hand•end oirlclal seal, this of Notary Public Y:.,SEAF) (, ;'r,: „r. ,tr' �� My Commission Expires: — T., STATw6T.N¢RYIi CAAOLIHA, _COUNTY f„ a Notary Public of County, North Carolina, do certify that. •>"' — and oach personally appeared befora Mu this day and acknowledged the due executlon of the foregoing Deed of Trust. Witness my hand and official seal, this _day of 19—. -Notary Public ;N.P. SEAL) My commission expires STATE OF NORr qA LINA COUNTY OF The foregoing certificate a Notary Public o County, North Carolina Is certlrlad to be correct. This the day of Filed for raglslrstlon on then_.._, recorded In the Otllco of the Register of Deeds. ID Drawn by N P t r is t . � � ,. ;.'•,.�._.. .. �...�:.._. ,. _.. Ste'..!. �. l: _. Register or Deeds r 14. at 5J o'clock, m�.�and �Zly,,N. C.,An Book__&& .Page Register of 1 I ' I PROPERTY DESCRIPTION Carlton Ray West and wife, Pearl G. West TRACT I: Being all of Lot 41, Block A, Happy Hollow Subdivision according to the map of J. G. Hassell - Larry Pittman, R.L.S., dated June 23, 1976 and recorded in Map Book 16, Page 41, Carteret County Registry to which reference 3s hereby made. ]; : -{ TRACT II: Beginning at a point at the intersection of the - eastern right of way line of S. R. 1303 and the northern right of way line of Meri. Lane as shown on the Subdivision Map referred to in Tract I above, thence N 64-59 E, 180.0 feet to a pipe, thence N 22-49 W, 120.6 feet to an iron pipe, thence N 23-52 W, 150.5 feet to an iron pipe, thence S 66-31 W, 152.19 feet to a point, thence N 23-18 W, 106.14 feet to a point, thence N 67-00 E, 598.19 feet to a point, thence N 86-51 E, 345.84 feet to an iron pipe, thence';. S 15-28 E, 527.3 feet to an iron pipe, thence 5 74-32 W, =' 190.01 feet to an iron pipe, thence S 61-06 W, 61.68 feet to an iron pipe,thence S 68-43 W, 119.58 feet to an iron pipe, - thence S 63-16 W, 151.42 feet to an iron pipe, thence N 16-47 W, € 33.45 feet to a point, thence S 64-59 W, 144.27 feet to an iron pipe, thence N 25-01 W, 165.0 feet to an iron pipe, thence in southern right of way line of Meri Lane, thence S 64-59 W, 190.0 feet to a point in the eastern right of way line of S. R. 1303, thence N 44-15 W, 63.55 feet to the point of beginning. i Save and except that portion of the premises designated as Meri Lane on said map referred to in TRACT I above and being more particularly described by survey dated January 20, 1987 ' by Larry C. Pittman, R.L.S., a copy of which is attached hereto _. as Exhibit A. ,L J On }, RPOFD Y Z j w- !17 �027. DC M-MHD "j. CITY { V 1 J 1^• .J11T �l t r'1 I l J\�itYkC ✓y. . QM1S.Yf I'< ..>... .. .I i .• Js . Zirr y'' • i, �1j4J�VA1{ �i - , • 1 .. . -. ... ,..... � �v�Gl<.«i..,1.,� atiz. �?„w�,s�..� ..,.._.z ,.tu�lta�; L�`t.��i'1:�.tS1J 1 - . ..,... _ _ .. . _ v ' � n•c 1 �� r y l�iXlk u.i= 'r"rlV a ,F,7 W.0 0.' J } �'�' Y f�?• n } ��JS� ., a Inf d f },ro'? I'� Q W. m. 6rC""Ia7- E- S�7•�� o, • •3 Le 7- iV E.I•P• e 1 a Qx • � 'a La r Y /6 J N evils N �n N � w •4Z n,c:4�•�„r Lo7- 2/B 2 a d HAPPY H,5upw LO' lGs.o v+ M.g. 16 - P. 41 '15O.S t' n 27eSt 3 or. NO•�ffik y� r 1114 m R:AI tiuONA'sr�a.s► ,j4 1 LOT IJA �•� ' p54Nn G. y w4�s-r _R_A -pivR Lam• W Es r BEAUFORT 'TWP.CARTERET Co, N1C• igA5$EE1L S0RVEYJw!`7 r iJY•' L.ARP j' C. P/ 7dMAN R.1, 5,,BEAo Fol7, N.C. + h '!'20 - S T. 5CA4,E i el i t f• NORTfd CAROLINA, CART2Ri=T COUNTY This in0trumenl and thle Certificate are duly filed at Me daI6 and time and In the Book and Page shown on the first page hereof. $Kee n S, Hardesty, )Year ter ofp//ee��ds AJft VEPW.R4,har of DWeds FRE � RNA FOR REGIS1RHTnuN REGISmt OF VELUs Carteret C—nt,, tNC June 27, 2017 03:13:55 PSI TRAM DEED 4 P FEE. $26.00 FILE 9 1680014 NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: $0.00 Parcel Identifier No.731609161556000 Verified by Carteret County on the day of . 20 By: Mail/Box to: \Vhea, Wlzcadv. Weeks, Lupton & Massie, PA, P O Box 360, Beaufort. NC 28516 This instrument was prepared by: C. R. Wheatly, III Brief description for the Index: Acreage off HmT 70 Beaufort THIS DEED made this 9th day of fume, 2017 by and between GRANTOR .Michael L. Bertram and William. Kelly Bertram, Co - Executors of the Estate of Fred L. Bertram; Michael L. Bertram and wife, Tamara Bertram; and William Kelly Bertram and wife, Loretta Bertram 416 Victoria HiUs Drive Fuquay Vanua, NC 27526 GRANTEE Bertram Rental Properties, LLC, a North Carolina T ?n?ited Liability Company 416 Victoria Hills Drive Fuquay Vadna, NC 27526 The designation Grantor and Grantee as used herein shall include said parties, their heirs, successots, and assigns, and shall include singular, plural, tnasculine, feminine or neuter as recluired by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which 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 situated in Beaufort Township, Carteret County, North Carolina and more particularly described as follows - Beginning iing at a point in the easternright-of-way of U.S. Highway 70, which point of beginning is described as being the following course and distance from where the centerline of Pinner Point Road would intersect with the centerline of U.S. Highway 70 and running from said point of intersection N 38-49-14 E, 747.19 feet to a found iron pipe, Tiller School's northwest comer, the. Point or Place of Bcgitming; running thence from. said Point or Place of Beginning and running with the eastern right-of-way of U.S. Highway 70 N 35-52-55 E, 220.55 feet to a set iron pipe; running thence ftom said s et iron pipe and leaving the eastern right-of-way of U.S. Highway 70 S 33-30-01 E, 216.4 feet to a point; thence from said point S 56-30-00 W, 32.2 feet to a point; thence S 33-30-00 E, 76.6 feet to a point; thence N 56-30-00 E, 35 feet to a point; thence from said point S 33-30-00 E,1,703.6 feet to a set icon pipe; thence from said point S 68-00-00 W, 239 feet to a set. �� NC Bar Aasoriation FamvNo.]®19}e, Aevtud®1lIROiO BOOK ti5 PAGE "ly 7dnied Sy ASIC—t wilh the NC ear Ansndalinn Slp /l i ocm-jw ijo cl rV i itou.pipe; thence from said point N 32-17-44 W, 1,144.59 feet to a point; thence N 28-01-57 W, 192.55 feet to a point; thence £tom said point S 60-02-29 W,14.09 feet to a point; thence S 60-02-29 W, 45.91 feet to a point; thence from said point N 28-45-10 W, 546.85 feet to the Point or Place of Beginaing, see map entitled "Existing Parcel Survey for Fred L. Bertram", dated July 23, 2014, revised July 29, 2014 and July 30, 2014, prepared by Powell Surveying Company, PA, which map is incorporated herein by reference. All leases for property on the above described tract are hereby assigned to Grantee. The property hereinabove described was acquired by the deceased, Fred L. Bertram, by instrument recorded in Book 338, Page 367, Catteret County Registry. All or a portion of the property herein conveyed does not include the primary residence of the Grantor. A map showing the above described property is recorded in Map Book , Page , Carteret County Registry. THIS DEED HAS BEEN PREPARED WITHOUT TITLE EXAMINATION. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee, in fee simple. And the Grantor covenants with the Grantee, that Grantot is seized of the premises in fee simple, has the tight to convey the same in fee simple, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the Grantor has duly executed the foregoing s of.the day and year first above arrikten. AL Micbael L. Bertram, Co -Executor of the Estate of Fred L. Bertram William Kelly Berttam, Co -Executor of the Estate of Fred L. Bertram Michael4L.ertram Tamara Bertram William I{elly Berg `��a a Loretta Bertram BOOK I%U PAGE N NC Har Associ.tion Fnmt No, 10 1976. 9e j,,d ® 111Q010 Pd -d by Aj—.- with the NC Su.uyppoliGn State of No th Carolina County of I, the undersigned Notary Public of the County and State aforesaid, certify that Mchael L. Bertram. Co - Executor of the tate of Fred L. Bertram personally appeased before me this day and acknowledged the due execution of the foregoinginstt-umentfor the putposestherein expressed. Witness my hand and Notarial stamp or seal this �_ day o€June, 2017. M Commission Expires: a 12, 1 aa. State of North Carolina � County of �� T,kx jJ a&6=L' C lro� Notary Publi I, the undersigned Notary Public of the County and State aforesaid, certify that Michael L. Beat= and wife. Tamara Bertram. personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. Witness my hand and Notadal stamp or seal this 21 day of June, 2017. My C mmission Expires: State of North Carolina County of CAVU'aj Notary Public I, the undersigned Notary Public of the County and State aforesaid, certify that William. lSelly Bertram Co - Executor of the Estate of Fred L. Bertram, personally appeared before me this day and acknowledged the due this executiond f the foregoing y of June, 2017instrument``o�t% � therein expressed. Witness my hand and Notarial stamp or seal % 41 i 0) Z ~ i1lVu /� 1 (1 VLF My Commission Expires: r w PU6`SG Notary Pub 'c alaal-qa- NC By Assausfioo Fosm No.l®I916, ReviseE&111R610 '�j q/; �+0� BOOKPA�� H'I'dbyAspiMtMththeicavAse xenn 4 TERi~1 . r��llllll��� SE P 07 2M DDM-MHD CITY State of No Carolina County of �� I, the undersigned Notary PAbhc of the County and State aforesaid, certify that William I{ellBertram and wife Loretta Bertram, personally appeared before me this day and acknowledged the due execution C�}o--f--�the foregoing insttutnent for the purposes therein expressed. Witness my hand and Notarial stamp or seal this day of June, 2017. lCl Mycom=$i Expires: z�pTA qJ _ Notary Public riCC i����`-- 1300K � 0 PAGE_ NCD,, A.wC.bon Fe Na] D I P76. 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