19961054 Ver 4_CAMA Application_20230615

DIVISION OF COASTAL MANAGEMENT
Environmental FIELD INVESTIGATION REPORT
QUaijty
1. APPLICANT'S NAME: OTH Realty LLC
2. LOCATION OF PROJECT SITE: 1709 Jel Wade Dr Wilmington, NC 28401
Longitude:-77.94658 Latitude: 34.25469
3. INVESTIGATION TYPE:
4. INVESTIGATIVE PROCEDURE:
Date of Visit I Purpose of Visit Applicant Present?
5. PROCESSING PROCEDURE:
Application Received
Application Complete
I Regional Office
6/2/2023
1 DCM - Wilmington Regional Office
6. SITE DESCRIPTION:
(A) Local Land Use Plan: NEW HANOVER, New Hanover County, City of Wilmington
Land Classification from LUP: Land Classification From LUPs
(B) AEC(s) Involved: Estuarine and Ocean System, Public Trust Areas, Estuarine Waters
(C) Water Dependent: Yes
(D) Intended Use: Commercial
(E) Wastewater Treatment:
Existing:
Planned: N/A
(F) Type of Structures:
Existing:
Planned: Marina, Marina expansion, Piers (Ocean and Estuarine) and Docking
Facilities, Floating structure, Pier or dock
(G) Estimated Annual Rate of Erosion:
Erosion Information Source: Annual Erosion Source
7. HABITAT DESCRIPTION:
DREDGED ft2
FILLED ft2
OTHER ft2
A Open Water
2376
B CW's above NHW
C CW's below NHW
D Shallow Bottom
E High Ground
F Non -Coastal WL
(E) Total Area Disturbed: 2376 ft'
(F) Primary Nursery Area: Yes
(G) Water Classification: SA: Market Shellfishing, Tidal Salt Water
Open to Shellfishing: No
Field Investigation Report: OTH Realty LLC
DCM Major Permit
Page 11

8. PROJECT SUMMARY:
The applicants propose to connect CCC Sawmill Point Marina, LLC.'s existing docking
facility to Cape Fear Marina Association's existing docking facility by installing a new fixed
pier and two (2) new floating platforms underneath the existing Isabel Holmes Bridge,
adjacent to the NECFR.
9. NARRATIVE DESCRIPTION:
The project site is located between 15 Cowan Street and 1709 Jel Wade Drive, adjacent to the
NECFR, in the City of Wilmington/New Hanover County.
According to the application, the parcels located at 15 Cowan Street and 1709 Jel Wade Drive
are approximately 1,071,857 sq.ft. (24.6 acres) in total. The total linear feet of shoreline
footage for the project sites is approximately 3,230'. There are Section 404 Wetlands located
on the project site, although no development or impacts are proposed within these wetlands at
this time. Along the river's edge, there are Coastal Wetlands, predominantly vegetated with
Smooth Cordgrass (Spartina alterniflora), Giant Cordgrass (Spartina cynosoroides), and
Scirpus spp. The NECFR, in the vicinity of the project area, ranges from approximately 700' —
900' wide (See Sheet 1 of 4).
The CCC Sawmill Point Marina, LLC. lot to the south has existing man-made high ground
features that include multiple apartment buildings, a clubhouse building, an inground
apartment pool, and a section of the City of Wilmington Downtown Riverwalk. The high
ground also features landscaped grass and ornamental vegetation with concrete pathways for
the apartment complex use. Water dependent structures on the property include two (2) fixed
piers and a system of floating docks. Dean Hardwoods, Inc. received CAMA Major Permit
#76-97 on May 27, 1997, which authorized the development of a 52-slip commercial marina.
The permit was modified in 2002 to change the number of approved slips from 52 to 40, to
modify the configuration of the docking facility, and to eliminate the previously permitted dry
stack storage facility. CAMA Major Permit #76-97 was then transferred to Sawmill Point,
LLC. on February 22, 2007 (See Sheet 2 of 4).
The OTH Realty, LLC./Cape Fear Marina Association lot to the north has existing man-made
high ground features that include a boatyard, haul out services, maintenances buildings, office
building, mechanical building and shed, vessel dry stacks, and gravel/concrete parking lot. The
high ground also features several concrete retaining walls, located along the vegetated hillside,
and some remnant building foundations are present. Water dependent structures on the
property include a travel lift pit with drop platform, piers, and floating docks. Bennett Brothers
Yachts received CAMA Major Permit #90-97 on July 2, 1997, which authorized the
development of an 80-slip docking facility and associated upland structures. The permit was
modified to include changes to the slip lay -out and has been renewed multiple times. Dredging
within the travel lift pit was approved by the Coastal Resources Commission (CRC) Variance
on March 19, 2007. Dredging within the existing marina was approved by CRC Variance on
July 13, 2010. CAMA Major Permit #90-97 was transferred to OTH Realty, LLC. on June 20,
2022. OTH Realty, LLC. then received a CAMA Major Permit Major Modification #90-97 on
December 21, 2022 for the addition of two floating docks, a forklift drop platform, and four (4)
dry stack racks for vessels for a total of 56 formalized wet slips and 96 dry slips, the permit is
Field Investigation Report: OTH Realty LLC
DCM Major Permit
Page 12

due to expire on December 21, 2027 (See Sheet 2 of 4). The marina is equipped with a vessel
pump -out facility and designated as a Clean Marina through the NC Clean Marina Program.
This area is deemed as Urban Waterfront.
The Wilmington -New Hanover Joint Land Use Plan classifies the adjacent waters as
Conservation, and the adjacent high ground portion of the project areas as Central Business
District and Light Industrial. The adjacent waters of the Cape Fear River in the project area are
classified SA-HQW by the Division of Water Resources and this area is designated as Primary
Nursery Area (PNA) by the N.C. Division of Marine Fisheries. They are CLOSED to the
harvest of shellfish.
10. PROJECT DESCRIPTION:
The applicants propose to connect CCC Sawmill Point Marina, LLC.'s existing docking
facility to OTH Realty, LLC./ Cape Fear Marina Association's existing docking facility by
installing a new fixed pier and two (2) new floating platforms underneath the existing Isabel
Holmes Bridge, adjacent to the NE CFR.
The applicants propose the installation of a new fixed pier, measuring approximately 6' wide x
188' long, beginning from the existing pier on the CCC Sawmill Point Marina, LLC. The new
fixed pier would be oriented parallel to the shoreline and would run north. The applicant
proposes to elevate an approximately 10' section of the new fixed pier at least 6' above Mean
High Water (MHW), to maintain access to Public Trust Waters, located approximately 140'
from the start of the new pier. The pier would then connect via a gangway plank and lead to a
proposed floating dock, measuring approximately 6' wide x 160', that would cross underneath
the existing Isabel Holmes Bridge. Based on NC DOT comments, the applicant has committed
to a 15' minimum horizontal clearance from the bridge supports and pilings spaced
approximately 12' apart installed landward of the floating dock (see attached email dated May
10, 2023 from NC DOT). The applicant also states that the floating dock may be moved at
request of NC DOT to perform maintenance on the Isabel Holmes Bridge. The floating dock
would be located in current water depths ranging from approximately -5' Mean Low Water
(MLW) to -9' MLW. The 6' x 160' floating dock would then lead to another new floating
dock, measuring approximately 12' wide x 24' long, that would connect to the southeastern
portion of the existing Cape Fear Marina Association docking facility. The proposed 12' x 24'
floating dock would be located in current water depths ranging from approximately -8 MLW
(See Sheet 3 of 4). In an effort to maintain public access to Public Trust Waters, the applicants
also propose to elevate a 10' section on two (2) of the existing fixed piers to at least 6' above
MHW at the CCC Sawmill Point Marina, LLC. docking facility to create access to Public Trust
Waters (See Sheets 3(b) & 4 of 4).
11. ANTICIPATED IMPACTS:
The proposed 6' x 188' fixed pier, with elevated 10' section, proposed 6' x 160' floating dock,
and proposed 12' x 24' floating dock, would incorporate approximately 2,376 sq. ft. of Estuarine
Waters and Public Trust Area partially waterward of the NCDOT right-of-way. The proposed
10' elevated sections on the existing fixed piers at each marina would allow access to previously
inaccessible Public Trust Areas. The proposed structures would not encroach into either adjacent
Field Investigation Report: OTH Realty LLC
DCM Major Permit
Page 13

15 ft. riparian setback, within the 1/4 width of the waterbody, within the established pier -head
line, and would not encroach into the USACE federal channel setback. The waters of the NECFR
are currently closed to the harvesting of shellfish in this area. Minor increases in turbidity should
be expected during proj ect construction.
CCC Sawmill Point Marina, LLC.
Shoreline length = 958 linear feet
Parcel Under the Isabel Holmes Bridge
Shoreline length = 326 linear feet
OTH Realty, LLC./Cape Fear Marina Association
Shoreline length = 1,871 linear feet
Name: Kelsey Beachman Date: 06-12-2023 Office: DCM - Wilmington Regional Office
Field Investigation Report: OTH Realty LLC
DCM Major Permit
Page 14

Book 6327 Page 1471
BK: RB 6327
PG: 1471 -1479
RECORDED
08130/2020
02:43:45 PM
BY' ANGELA ENGLISH
DEF`UTY
NC FEE $26.00
2020024611
NEW HANOVER COUNTY,
TAMMY THEUSCH BEASLEY
REGISTER OF DEEDS EXTX $0.00
ELECTRONICALLY RECORDED
Prepared by: NC Department of Administration, State Property ❑ffree
1321 Mail Service Center
Raleigh, North Carolina 27699-1321
SPO File No.: 065-BJ (5MIr65D10) 1 DOJ File No. PC-12-00232
Return to: CCC Sawmill Point Marina LLC, c/o Chaucer Creek Capital LLC
Attw William M. McClatchey, Jr.
3605 Glenwood Avenue, Suite 445
Raleigh, NC 27612
PIN No.: Part of R04712-002-010-000
STATE OF NORTH CAROLINA
EASEMENT TRANSFER
COUNTY OF NEW HANOVER
THIS EASEMENT TRANSFER (sometimes referred to herein as the "Easement"), made
and entered into as of the date set forth in the notary acknowledgment below, by and between the
STATE OF NORTH CAROLINA, a body politic and corporate ("Grantor"), and CCC
SAWMILL POINT MARINA LLC, a North Carolina limited liability company, having an
address of c/o Chaucer Creek Capital LLC, 3605 Glenwood Avenue, Suite 445, Raleigh, NC
276I2, Attn: William M. McCiatchey, Jr. ("Grantee").
WITNESSETH:
THAT, WHEREAS, in a deed dated May 18, 1983, recorded in Book 1223 at page 139,
New Hanover County Registry, Maritime Lumber Services, Inc. conveyed to Import -Export
Lumber Services, Inc. riparian property adjoining State-owned lands covered by navigable
waters (the riparian property described in said deed being hereinafter referred to as the "Riparian
Land"); and
WHEREAS, pursuant to a certificate of merger recorded in Book 1790 at page 828, New
Hanover County Registry, Dean Hardwoods. Inc. succeeded Import -Export Lumber Services,
Inc. as owner of the Riparian Land; and
WHEREAS, in accordance with North Carolina General Statute § 146-12, Dean
Hardwoods, Inc. applied for and received from Grantor an easement in State-owned lands
covered by navigable waters on such terms and conditions as more particularly set forth in an
Page I of 8
submitted electronically by "Manning Fulton & skinner, P.A."
in compliance with North Carolina statutes governing recordable documents
and the terms of the submitter agreement with the New Hanover County Register of Deeds.

Sank 6327 Page 1472
instrument dated November 18, 1997, recorded in Book 2278 at page 352, New Hanover County
Registry (the "Original Easement"); and
WHEREAS, Dean Hardwoods, Inc. filed articles of amendment with the North Carolina
Secretary of State changing its corporate name, effective January 1, 2000, to Dearnco,
Incorporated; and
WHEREAS, pursuant to a deed dated August 9, 2006, recorded in Book 5063 at page
2364, New Hanover County Registry, Deanco, Incorporated conveyed the Riparian Land to
Riverfront Holdings, LLC; and
WHEREAS, Grantor transferred the Original Easement to Riverfront Holdings, LLC
pursuant to that certain instrument dated January 29, 2007 and recorded in Book 5146 at page
1071, New Hanover County Registry; and
WHEREAS, pursuant to an instrument dated November 4. 2010, recorded in Book 5529
at page 2775, New Hanover County Registry, Grantor granted to Riverfront Holdings, LLC a
modification to the Original Easement increasing the size of the Easement Area, as described in
said easement modification, by approximately 0.19 acres (the Original Easement as so modified
being referred to herein as the "Modified Easement"); and
WHEREAS, following a foreclosure sale, the Riparian Land was conveyed to CRM Mid -
Atlantic Properties, LLC, a Georgia limited liability company, by Trustee's Deed dated July 21,
2011, recorded in Book 5577 at gage 842, New Hanover County Registry; and
WHEREAS, Grantor transferred the Modified Easement to CRM Mid -Atlantic
Properties, LLC pursuant to that certain instrument dated July 23, 2012 and recorded in Book
5657 at page 2901, New Hanover County Registry; and
WHEREAS, pursuant to deeds dated July 23, 2012, recorded in Book 5659 at page 200
and Book 5659, Page 206, New Hanover County Registry, CRM Mid -Atlantic Properties, LLC
conveyed the Riparian Land to Sawmill Point Investors, LLC; and
WHEREAS, Grantor transferred the Modified Easement to Sawmill Point Investors, LLC
pursuant to that certain instrument dated April 11, 2013 and recorded in Book 5730 at page 1805,
New Hanover County Registry; and
WHEREAS, pursuant to a deed dated February 24, 2015, recorded in Book 5872 at page
1522, New Hanover County Registry, Sawmill Point Investors, LLC conveyed the Riparian Land
to Sawmill Point Apartments Owner LLC; and
WHEREAS, Sawmill Point Apartments Owner LLC caused a recombination plat of the
Riparian Land to be prepared, which plat is recorded in Map Book 60 at page 150, New Hanover
County Registry [the "Recombination Plat"); and
Page 2 of 8

Book 6327 Page 1473
WHEREAS, the Recombination Plat shows that a portion of the aforerefenced Riparian
Land comprises that part of Tract 2, as described in the Recombination PIat, lying between the
approximate mean high water- (MHW) line and the westerly boundary of Tract 1 (the portion of
the Riparian Land shown and described on the Recombination Plat as being included in Tract 2
is hereinafter referred to as the "Adjoining Property'); and
WHEREAS, pursuant to a deed dated February 20, 2015, recorded in Book 5872 at page
1529, New Hanover County Registry, Sawmill Point Apartments Owner LLC conveyed the
Adjoining Property to Sawmill Point Marina LLC, a North Carolina limited liability company;
and
WHEREAS, pursuant to an instrument dated March 15, 2019, recorded in Book 6202 at
page 440, New Hanover County Registry, Grantor transferred this Easement to Sawmill Point
Marina LLC and further modified the Easement by revising the description of the Easement
Area; and
WHEREAS, pursuant to a deed dated July 25, 2019, recorded in Book 6233 at page 125,
New Hanover County Registry, Sawmill Point Marina LLC conveyed the Adjoining Property to
Grantee; and
WHEREAS, pursuant to North Carolina General Statute § 146-12(f), Grantee requests
that Grantor transfer this Easement; and
WHEREAS, Grantor, by and through the North Carolina Department of Administration
(the "Department"), has authorized and approved the transfer of this Easement to Grantee on the
terms and conditions and for those purposes set forth herein.
NOW, THEREFORE, for and in consideration of the public interest in promoting citizen access
to navigable water and for good and valuable consideration, Grantor, subject to the terms and conditions
hereof, does hereby grant and transfer unto Grantee, its successors and assigns, an easement over and
upon those submeged lands located in Wilmington Township, New Hanover, North Carolina, and more
particularly described as follows:
Commencing at a point in the northern line of Cowan Street at its intersection
with the western line of North Front Street (a 66' RJW now abandoned) as shown
on the official plan of the City of Wilmington, by Map 1 of 3, "Project Boundary
and Property Disposal Map, Waterfront Urban Renewal Area", Recorded in Map
Book 12, Page 3 of the New Hanover County Registry; running thence, from said
point, with the northern line of Cowan Street, N5I °00'45"W 317.00' to a point;
thence, S38'59'15"W 33,00' to a point in the original centerline of Cowan Street
(now closed); thence, with said centerline; N51°00'45"W 5.76' to the True Point
of BEGINNING; thence, running from said Point of Beginning along said
centerline if extended, N51 °00'45"W 121.05' to a point; along said centerline if
extended, N51°00'45"W 51.47' to a point; thence, N249823"E 224.68' to a point;
thence, N13°33'59"E 162.I3' to a point; thence, N31 ° 13'33"E 350.31' to a point in
the south line of Parsley Street {US Hwy 17/74/76 & 421 (a variable width R/W);
Page 3 of 8

Book 6327 Page 1474
thence, along said south line S6I°l I'00"E 375.47' to the corner of "Tract 1" as
recorded in Map gook 60, Page 150 of said Registry; thence, along the common
line of said tract and "Tract 2" as shown on said snap S56°41'47" W 3.69' to the
Mean High 'Water Line (MHWL elevation 2. P NAVD'88); thence, leaving said
common line and along said MHWL as it meanders near the following traverse
calls, N66°33'38"W 34.03% thence, S83°43'26"W 41.24; thence, S53°51'40"W
52.86' to the face of a bulkhead; thence along said bulkhead, S58°57'35"W 16.70';
thence, S45°49'44"W 12.22% thence, leaving said bulkhead and continuing along
said MHWL as it meanders near the following traverse calls, S61 °01'21 "W
49.2V; thence, S20°27'37"W 16.71'; thence, SI0°05'46"W 72.92%
thence, S25°09'04"W 54.13'; thence, S38°30'34"W 55.97'; thence, S5398'52"W
77.06'; thence, S47°16'54"W 58.94'; thence, S61°19'42"W 36.69'; thence,
S50009'47"W 30.63% thence, S37°31'05"W 21.84% thence, S18°55'07"E 21.81' to
the face of a bulkhead; thence along said bulkhead S40°15'37"W 4.20'; thence,
S 19°32'59"W 11.33'; thence, S37°33' 14"W 30.67'; thence, leaving said bulkhead
and continuing along said MHWL as it meanders near the following traverse calls
S57039'31 "W 39.68'; thence, S 19°40'46"W 32.99% thence, S07°28'39"W 60.07;
thence, SO4°35'09"W 32.80' to the TRUE POINT OF BEGINNING, containing
3.89 acres, more or less, as shown and more particularly described on a map
captioned "EASEMENT MODIFICATION MAP FOR THE SAWMILL POINT
MARINA" dated August 26, 2017, a copy of which is attached hereto and
incorporated herein as Exhibit A (the "Easement Area").
THIS EASEMENT IS GRANTED SUBJECT TO THE FOLLOWING TERMS AND
CONDITIONS:
1. Tile foregoing recital of facts is hereby incorporated herein to the same extent as if
hereinafter fully set forth.
2. This Easement is appurtenant to and runs with the Adjoining Property described in Book
6233 at page 125, of the New Hanover County Registry.
3. Grantee shall not exclude or prevent the general public from exercising public trust
rights, including commercial and recreational fishing, shell fishing, seine netting, pound netting,
and other fishing rights in navigable waters within the Easement Area,
4. This Easement confers upon Grantee no additional rights to interfere with the approval,
issuance, or renewal of shellfish or water column leases or to interfere with the use or cultivation
of existing shellfish leases, water column leases; or shellfish franchises.
5. This Easement is subject to all rights conferred in previous conveyances by Grantor.
6, This Easement is granted for a term of fifty (50) years that began on the 19`h day of
November, 1997, and terminates on the 18"' day of November, 2047, unless earlier revoked.
Purge 4 o f 8

Book 6327 Page 1475
7. Subject to compliance with North Carolina General Statute § I46-120), this Easement is
eligible for renewal for one (1) additional fifty-year term.
8. This Easement covers those structures allowed by CAMA Permit ]Number: 76-97 (the
"Permitted Structures"). The Permitted Structures shall be used for the following purposes: To
provide reasonable access for all vessels traditionally used in the main watercourse area to deep
water or, where present, to a specified navigational channel; mooring vessels at or adjacent to the
Permitted Structures; enhancing or improving the value of the Adjoining Property; and for a
marina, stacked boat and fuel facility. All terms and conditions of LAMA Permit Number 76-97
are hereby incorporated and made a part hereof.
9. Subject to compliance with Article 7, Chapter 113A of the North Carolina General
Statutes, Grantee shall have the right to repair, rebuild or restore the Permitted Structures located
upon the Easement Area.
10. The exercise of the rights under this Easement shall be contingent upon Grantee
obtaining all necessary permits and authorizations and complying with all federal, state,
municipal and other laws, codes, ordinances, rules and regulations applicable to the Easement
Area. Grantee shall not make or permit any unlawful use of the Easement Area.
11. Pursuant to North Carolina General Statute § 146-12(l) and as part of the consideration
for the grant of this Easement, Grantee agrees to pay to Grantor an easement purchase payment
in the sum of Three Thousand Two Hundred Fifty and 001100 Dollars ($3,250.00). The
following information was used to compute the easement purchase payment:
(i) Footprint of Permitted Structures: 181,984,40 square feet.
(ii) Riparian shoreline: 1,090,60 linear feet.
(iii) Riparian credit: 58,892.40 square feet.
12. Grantee shall not exercise any rights granted herein in any areas outside the Easement
Area without first obtaining a written modification of this Easement in accordance with North
Carolina General Statute § 146-12(k).
13. Upon transfer of title of the Adjoining Property during the terns of this Easement or any
renewal thereof, the easement rights conveyed herein shall be transferred automatically to the
subsequent owner of the Adjoining Property, subject to the limitations hereinafter set forth. In
the event the subsequent owner of such property (a) gives written notification to the Department,
through the State Property Office, within twelve (12) months of the date of transfer of title of the
Adjoining Property accompanied by a copy of the instrument of transfer, and (b) remits the
easement purchase payment as provided in North Carolina General Statute § 146-12(l), such
subsequent owner shall be entitled to receive an easement document transferring to such owner
the easement rights granted herein for the remainder of the unexpired easement term. Failure to
comply with North Carolina General Statute § 146-12(l) shall result in termination of this
Easement.
Page 5 of 8

Book 6327 Page 1476
14_ It is expressly understood and agreed between the parties hereto that if the Grantee shall
neglect to do and perform any matter or thing herein agreed to be done and performed by him,
and shall remain in default thereof for a period of sixty (60) days after written notice from
Grantor to Grantee calling attention to such default, Grantor, with the approval of the Governor
and Council of State, may declare this Easement revoked. Said notice shall be given by certified
mail to the Grantee at the address set forth in Paragraph 16(a) of this Easement. Revocation of
this Easement shall entitle Grantee to seek administrative review in accordance with the
provisions of Article 3, Chapter 150B of the North Carolina General Statutes,
15. Nothing contained herein shall be construed to prohibit Grantee From granting other
persons rights of use of portions of the structures on the Easement Area for periods not to exceed
the teen of this Easement. All rights so granted shall automatically terminate upon expiration or
revocation of this Easement.
16. (a). All notices herein provided to be given, or which may be given, by either party to
the other, shall be deemed to have been fully given when trade in writing and deposited in the
United States mail, certified and postage prepaid and addressed as follows;
Grantor: Director/Deputy Director -State Property Office
1321 Mail Service Center
Raleigh, North Carolina 27699-1321
Grantee: CCC Sawmill Point Marina LLC
c/o Chaucer Creek Capital LLC
3605 Glenwood Avenue,_ Suite 445
Raleigh, NC 27612
Attn: William M. McClatchey, Jr.
wl copy to: Manning, Fulton & Skinner, P.A.
3605 Glenwood Avenue, Suite 500
Raleigh, NC 27612
Attn: Barry D. Mann
Nothing herein contained shall preclude the giving of such notice by personal service.The
address to which notices shall be mailed as aforesaid to either party may be changed by written
notice.
(b). In the event title to the Adjoining Property is transferred subsequent to the date of
this Easement, Grantee agrees to give written notification of such transfer of title to Grantor by
certified mail at the above address_ Such notification shall include:
(1) A copy of the title transfer document.
(2) The names) of the subsequent owner(s) of the Adjoining Property.
(3) The mailing address (es) of such subsequent owner(s).
Page 6 of 8

Book 6327 Page 1477
17. This Easement shall become effective only upon recordation in the Office of Register of
Deeds for New Hanover County. Grantee shall mail a copy of the recorded Easement to Grantor
at the address set forth in Paragraph 1 G(a).
18. Failure by Grantor t❑ require strict compliance with any term or condition of this
Easement shall not be construed as a waiver ❑f Grantor's right to enforce compliance with such
term or condition or any other term or condition contained herein.
19mo. Grantee, by acceptance of this Easement, agrees to comply with and be borumd by all
terms and conditions set forth herein.
[signature on following page]
Page 7 of 8

Book 6327 Page 1478
IN TESTIMONY WHEREOF. the STATE OF NORTH CAROLINA has caused this
instrument to be executed in its name by the undersigned as of the date set forth in the notary
acknowledgement below.
STATE OF NORTH CAROLINA
By: North Carolina Department of Administration
By: -,ilk
Tim Walton, Director
State Property Office
STATE OF NORTH CAROLINA
COUNTY OF WADE
I, C • fill C- t6-Y a Notary Public for the County of
North Carolina, do hereby certify that Tim Walton personally came
before me this day and acknowledged the due execution by him of the foregoing instrument as
Director of the State Property Office, North Carolina Department of Administration, for the
purposes therein expressed.
IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal, this the
i, day of2020.
Notary Public r
My Commission Expires: � Print Name: 1,4 ► C'&'
Page 8gf8

Eaak 6327 Page 1479
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Prepared by:
PATRICIA D BENNETT-MAIL
Return to: 1701 J.E.L. WADE DR
WILMINGTON NC 28401
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
,1111111111111
200903886
FOR REGISTRATION REGISTER OF DEEDS
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NEWNNANOVFERER COIAINTYISNC
2009 NOV 13 108:51 RM
BK : 5450 PG:1361-1368 FEE 137, 00
NC REV STW:$2, 00
INONNI 12009038863
oa
'2 re�rcenufl_ clomps
State Property Office, NC Departrnent of Administration
1321 Mail Service Center
Raleigh, North Carolina 27699-1321
File Nn_ 065-A.I
Pa r<aa[ T 6. # 4?o48oS-o DI -oo 2
EASEMENT
THIS EASEMENT ("Easement'), made and entered into as of the date set forth in the
notary acknowledgment below, by and between the STATE OF NORTH CAROLINA, a body
politic and corporate, {"Grantor") and CAPE FEAR MARINA ASSOCIATION, ("Grantee").
WITNESSETH:
THAT, WHEREAS, the North Carolina Department of Administration, pursuant to North
Carolina General Statute § 146-12, has authorized and approved the execution of this instrument
for the purposes herein expressed; and,
NOW, THEREFORE, in consideration of the public interest in promoting citizen access
to navigable waters and for good and valuable consideration, Grantor does hereby grant unto
Grantee, their heirs and assigns, an easement located in the City of Wilmington, New Hanover
County, North Carolina, and more particularly described on Exhibit A, attached hereto and
incorporated herein by reference (the "Easement Area'), as same is shown on a map attached
hereto as Exhibit'B.
The terms and conditions on and for which this Easement is granted are as follows:
1. This Easement is appurtenant to and runs with the adjacent riparian or littoral
property as described in Book 2221, Page 874, Book 2523, Page 543, Book 2559, Page 001 and
Book 5166, Page 524, New Hanover County Registry (the "Adjacent Property").
I •r

2. Grantee shall not exclude or prevent the general public from exercising
public trust rights, including commercial and recreational fishing, shell fishing, seine
netting, pound netting, and other fishing rights in navigable waters within the Easement
Area.
3. This Easement confers upon Grantee no additional rights to interfere with the
approval, issuance, or renewal of shellfish or water column leases or to interfere with the use or
cultivation of existing shellfish leases, water column leases, or shellfish franchises.
4. This Easement is subject to all rights conferred in previous conveyances by
Grantor in and to the Easement Area.
5. This Easement is granted for a term of fifty (50) years beginning on the 5rn
day of November, 2009, and terminating on the 4t' day of November, 2059, unless earlier
revoked.
6. Subject to compliance with North Carolina General Statute §146-120), this
Easement is eligible for renewal for one (1) additional fifty (50) year term.
7. This Easement covers those structures allowed by CAMA Permit Number 90-
97. Such structures shall be used for the following purposes: to construct and operate a
docking facility. All terms and conditions of CAMA Permit Number 90-97 are hereby
incorporated and made a part hereof
8. Subject to compliance with Article 7, Chapter 113A of the North Carolina
General Statutes, Grantee shall have the right to repair, rebuild or restore structures located upon
the Easement Area.
9. The exercise of the rights under this Easement shall be contingent upon Grantee
obtaining all necessary permits and authorizations and complying with all federal, state,
municipal and other laws, codes, ordinances, rules and regulations applicable to the Easement
Area. Grantee shall not make or permit any unlawful use of the Easement Area.
10. As further consideration for granting this Easement, Grantee agrees to pay to
Grantor an easement purchase payment in the amount of : Seven Hundred Fifty and no/100
Dollars ($750.00).
The easement purchase payment, if any, has been calculated based upon the following
Information:
1. Footprint of structure: 135,000 square feet.
2. Riparian shoreline: 1,962 linear feet.
3. Riparian credit: 105,948 square feet.
2

11. Grantee shall not exercise any rights granted herein in any areas outside the
Easement Area without first obtaining a written modification of this Easement in accordance
with North Carolina General Statute § 146-12(k).
12. Upon transfer of title of the Adjacent Property during the term of this Easement or
any renewal thereof, the easement rights granted herein shall be transferred automatically to the
subsequent owner of the Adjacent Property, subject to the limitations hereinafter set forth. In the
event the subsequent owner of the Adjacent Property (1) gives written. notification to the State
Property Office, pursuant to Paragraph 15 herein, within twelve (12) months of the date of
transfer of title of the Adjacent Property accompanied by a copy of the instrument of transfer,
and (2) remits the easement purchase payment as provided in North Carolina General Statute
§ 146-12(1), such subsequent owner shall be entitled to receive an easement document
transferring to such owner the easement rights granted herein for the remainder of the unexpired
easement term. Failure to comply with North Carolina General Statute §146-12(1) shall result in
termination of this Easement.
13. It is expressly understood and agreed between the parties hereto that if Grantee
shall neglect to do and perform any matter or thing herein agreed to be done and performed by
him, and shall remain in default thereof for a period of sixty (60) days after written notice from
Grantor to Grantee calling attention to such default, Grantor, with the approval of the Governor
and Council of State, may declare this Easement revoked. Said notice shall be given by certified
mail to Grantee at the address set forth in Paragraph 15 (a) of this Easement.. Revocation of this
Easement shall entitle Grantee to seek administrative review in accordance with the provisions of
Article 3, Chapter 150B of the North Carolina General Statutes.
14. Nothing contained herein shall be construed to prohibit Grantee from granting
other persons rights of use of portions of the structures on the Easement Area for periods not to
exceed the term of this Easement. All rights so granted shall automatically terminate upon
expiration or revocation of this Easement.
15. a. All notices herein provided to be given, or which may be given, by either
party to the other, shall be deemed to have been fully given when made in writing and deposited
in the United States mail, certified and postage prepaid and addressed as follows:
Grantor: Director/Deputy Director -State Property Office
1321 Mail Service Center
Raleigh, North Carolina 27699-1321
Grantee: Cape Fear Marina Association
1701 J.E.L. Wade Drive
Wilmington, North Carolina 28401
Nothing herein contained shall preclude the giving of such notice by personal service.
The address to which notices shall be mailed as aforesaid to either party may be changed by
written notice.

b. In the event title to the Adjacent Property is transferred subsequent to the
date of this Easement, Grantee agrees to give written notification to Grantor by certified mail at
the above address within twelve (12) months of the date of such transfer of title. Such
notification shall include:
(1) A copy of the title transfer document.
(2) The name(s) of the subsequent owner(s) of the Adjacent Property.
(3) The mailing address (es) of such subsequent owner(s).
16. This Easement shall become effective only upon recordation in the Office of
Register of Deeds for New Hanover. Grantee shall mail a copy of the recorded Easement to
Grantor at the address set forth in Paragraph 15(a).
17. Failure by Grantor to require strict compliance with any term or condition of this
Easement shall not be construed as a waiver of Grantor's right to enforce compliance with such
term or condition or any other term or condition contained herein.
18. Grantee, by acceptance of this Easement, agrees to comply with and be bound by
all terms and conditions set forth herein.
[signature on following Pagel
4

IN TESTIMONY WHEREOF, Grantor has caused this instrument to be executed in its
name by the undersigned as of the date set forth in the notary acknowledgement below.
STATE OF NORTH CAROLINA
North olinnna Department of Administration
By: P
Sper s Fleggas, r Deputy Secretary of the
Department of Administration, acting Director of the
State Property Office
STATE OF NORTH CAROLINA
COUNTY OF WAKE
I, MIF [, C R 1� t C pjka Notary Public for the County of T ,
North Carolina, do hereby certify that Speros Fleggas personally came before me this day and
acknowledged the due execution by him of the foregoing instrument as Senior Deputy Secretary
of the North Carolina Department of Administration, acting Director of the State Property
Office, for the purposes therein expressed.
IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal, this the
L0 day of , 2009.
ary Public
Print Name: —T'o C—
My Commission Expires: 0 f 2,
5

Hanover Design Services, P..A.
WWI'
.
Land Surveyors, Engineers, land Planners
EXHIBIT A
July 16, 2009
Re: Easement from the State of North Carolina
A certain tract or parcel of land lying and being in the City of Wilmington, New Hanover
County, North Carolina and being an area over a portion of the North East Cape Fear
River and being more particularly described as follows:
Beginning at a point on the high water line of the eastern edge of the North East Cape
Fear River and at the northwestern corner of the Cape Fear Marina H.O.A. tract (book 51
page 524, book 4545 page 1, book 2627 page 200 and book 2559 page 1), said point is
located N 41-12-57 W 443,11 ft. from a sub surface concrete control monument at the
intersection of the centerlines of J.E.L. Wade Drive and Compton Street, said point is
also located N 23-14-42 W 912.51 ft. from N.C. Grid Monument "Wade"
(N=185,204.603 ft. E=2,318,393.434 ft.), said point having N.C. Grid coordinates
N=186,043,0381 ft. E=2,318,033.3027 ft.: Proceed from said point of beginning and
leaving said high water line S S1-03-28 W 70.99 ft. thence S 89-41-24 W 50.00 ft.,
thence S 00-18-36 E 147.85 ft., thence S 82-10-06 E 36.15 ft., thence S 10-08-45 W
338.83 ft., thence S 12-48-29 W 126.53 ft., thence S 12-56-05 W 157.87 ft., thence S 34-
50-47 W 136.45 ft., thence S 21-36-31 W 371.21 ft., thence S 22-39-58 W 107.68 ft.,
thence S 30-22-58 W 63.15 ft., thence S 34-23-22 W 127.97 ft., thence S 33-32-34 W
264.85 ft., thence with the N.C.D.Q.T. right of way of Highway 133 S 61-12-43 E 90,88
ft., thence with a curve to the left having a radius of 771.00 ft. a chord S 78-39-14 E
261.46 ft. to a point on the high water line of the eastern edge of the North East Cape
Fear River, thence with said high water line and with the western line of the Cape Fear
Marina H.Q.A. tract N 25-03-06 E 77.60 ft., thence N 30-52-26 E 217,39 ft., thence N
40-50-57 E 104.45 ft., thence N 12-01-29 E 161.49 ft., thence N 03-42-56 W 73.47 ft.,
thence N 42-34-50 E 46.20 ft., thence N 32-19-31 E 84.35 ft., thence N 11-57-13 W
148.53 ft., thence N 00-24-00 E 126.25 ft., thence N 00-24-00 E 56.28 ft., thence N 00-
54-08 W 66.29 ft., thence N 05-52-50 E 220.99 ft., thence N H -22-01 E 119.91 ft.,
thence N 13-06-19 E 69.97 ft., thence N 03-48-15 W 46.60 ft., thence N 11-25-23 E
116.52 ft., thence N 02-32-23 E 174.71 ft. to the point of beginning and containing 8.66
acres.
A�►►rrir�rrrr
All bearings are N.C. Grid NAD 93/86
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L-3391 Q
onathan L. Wayne PL 3391 %�' ���� �`
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1123 Floral Parkway Wilmington, N.C. 28403 Phone [phone] Fax [phone]

EXHIBIT MAP FOR
N.C. GRID COORD.
(LOCATION.043.0381 MAP
CAPE FEAR MARINA
E=2310.033.3027
uIL;(°'STREESTREETt
NOT TO SCALE )
EASEMENT FROM THE LT
L2
STATE OF NORTH CAROLINA
TRACT
CITY 4F WILMINGTpN NEW HANOV7=R COUNTY
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NORTH CAROLINA
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DATE: JULY 15, 2009
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TRACT OWNERSHIP
TABLE
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TRACT No. T
s , O fl6'45" W
N
STREET
CAPE FEAR
338.03 :'
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COMPTflN
ECM
MARINA HOA
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TP
4524
546-
2627-200
2559-3
,
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TRACT No. 2
BENNETT VENTURES LLC
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NOMONTAL DATUM
5149-161$�
3 1
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HA0 83/86
3099-50
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TRACT No. 1co
27797-198
GO
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2523-556
r
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2221-874
44
TRACT No- 3
4U
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HARNETT LANDING
2794-839
INC GRID _
5300-2903
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ANON. WADE
NF1$5 204 6030
(o A�. EY2,318 393.434p
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4ij ' � ►� TRACT No. 2
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LINE
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TRACT No. T
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GRAFU?4 STREET
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Lt
5 81173 28 W
70 96
7
S $94124 W
50.00
0
S Ikri836 E
14ZS5
L4
S 8270 06 E
36.15
L5
5 13'4B 29 W
126.53
L8
s 34 SO 4 W
135.45
L7
5 213631 W
377121
L8
9 223958 W
107.68
L9
5 30-22 58 W
63.15
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S 342J02 W
127,97
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S 3332334 W
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s 117243 F
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N 3037 E
217.39
L15
N 4050'5 E
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N 1217128 E
161.49
07
N 03 42 SB W
7147
L18
N 4234 50 E
46.20
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N 3 'J831 E
84.JI
L20
N 71S f3 W
148 58
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N 00-24 00 E
126.25
L22
N 0074 00 E
36.3E
L23
N 00:54 08 W
66.29
L24
N 053250 I:
22Q99
L25
N 1172 D1 E
119.91
Las
N 131]619 E
6197
D?7
N 0,S48 3 W
46,60'
L28
N 117523 f
119,52'
L29
N 02'J22r E
174.71
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200, 100' O 2DO,
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SEAL �HWY. 133 - M.L.K. BLVD.
L-3391
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SCALE IN FEET
20D
sqQ
R� .•. EXHIBIT B
I-
''►., j�
HANOVER DESIGN SERVICES, F.A.
NOTES:
1- AREA COMPUTED BY COORDINATE METHOD
LAND SURVEYORS ENGINEERS LAND PLANNERS
2. ALL DISTANCES ARE HORIZONTAL
3. FOR REFERENOF SEE AS NOTED
1123 FLORAL PARKWAY
WILMINGTON, N.G. 28403
THIS PLAT REPRESENTS AN ACTUAL SURVEY THAT MIDETS OR EXCEEDS
PHONF-, 910 343-8002
THE RE10REMENTS OF A CLASS H SURVEY IN ACCORDANCE MATH THE
FAX: [phone]
STANDARDS OF PRACTICE FOR LAND SURVEYING IN NORTH CAROLINA.
FIRM CERTIFICATE No. C-597

JENNIFER H. MACNEISH
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
Filed For Registration:
Book:
Document No.:
NC REAL ESTATE EXCISE TAX:
Recorder:
WILMINGTON, NC 28401
11113/200911:38:51 AM
RE 5450 Page: 1361-1368
2009038863
8 PGS $37.00
$2.00
CRESWELL, ANDREA
State of North Carolina, County of New Hanover
PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT.
*2009038863*
2009038863

9
is
�0
BOOK FACE
?
2221 a74
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
PARCEL ID, -
PORTION OF: 4805-001-001-QH4
PORTION aF: 4708-Q61-001-000
THIS DEED, made and entered into this 3ath day of July,
1997, by and between CORBETT INDUSTRIES, INC., a corporation
organized and existing under the laws of the State of Borth
Carolina, with its principal office and place of business in New
Hanover County, north Carolina, party of the first part; and
BENHETr VENTURES, LLC, a forth Carolina limited liability
company, party of the second part; iI,% '"W st
V1, I NC X46
OoOO93 WITNES SETH:
That the said party of the first part, in consideration of
TEN ($10.00) DOLLARS and other good and valuable considerations
to it in hand paid, the receipt of which is hereby acknowledged,
has given, granted, bargained and sold, and by these presents
does give, grant, bargain, sell and convey unto the said party of
the second part, its successors and assigns, all that certain
tract, parcel or lot of land in New Hanover County, North
Carolina, bounded and described as follows, to -wit:
77*9 43, 0 we 31 .�• k
That certain real property lying and being situate in the
City of Wilmington, New Hanover County, North Carolina,
being a portion of those lots lying within Block 344, Block
345, Block 356 and Block 3S7 as shown on the plat entitled
"MAP OF WILMINGTON, N.C.," prepared by James & Brown, Civil
Engineers dated 1674, recorded in Map Book 11, at Page 11 in
the office of the Register of Deeds of New Hanover County,
said property being more particularly described as follows:
That certain real property lying and being situate in the
City of Wilmington, New Hanover County, North Carolina,
being a portion of those lots lying within Block 402, Block
412, Block 422, Block 356, and Block 354 as shown on the
plat entitled "MAP OF WILMINGTON, N.C.■" prepared by .lames &
Brown, Civil Engineers dated 1870, recorded in Map Book 11,
at Page 11 in the office of the Register of Deeds of New
}Hanover County, said property being more particularly
described as follows:
Beginning at a point in the western right-of-way line
of J.E.L. Wade Drive, the southeastern corner of Lot 5
of Block 412 as shown and designated on the above -
identified plat, said point of beginning being located
the following courses and distances from N.C.G.S.
Monument "WADE'; North 11' 28, 39" West 148.08 feet to
an existing concrete monument in the centerline of
J_E.L. Wade Drive and South 83° 43, 15" West 33.00 feet
to the point or place of beginning. THENCE, FROM SAID
POINT OF BEGINNING, SO LOCATED, along and with the
RD4 RMOAR cKp" RC 08/46/sl 1
r
$730.00
O"` F ' 97 flUG $ PM 12 23�
UNA Real Estaw ~
E> d DtiO •��3i+i;�r? AND VERIF] ED
S UE DOTS
REG[S rrR OF DEEDS
.►..-,i; NEW 1!1.►]gVrr rn 1jr.

E04K PAGF_
western right-af-way line of J.E.L. Wade Drive, North
06° 16' 45" West 726.50 feet to the intersection of the
southern right-of-way line of Hilton Street as shown on
the above -identified plat; thence, along and with the
southern right-of-way line of Hilton Street, South 830
43, 15" West 220.77 feet to a paint in the mean high
water line of the Northeast Cape Fear River; thence,
along and with the mean high water line of the
Northeast Cape Fear River the following courses and
distances: South 036 18' 12" East 16.43 feet to a
point; South 13' 35, 24" West 166.47 feet to a point;
South 030 481 15" Bast 157.38 feet to a point; South
13' 06' 19" West 69.97 feet to a point; South 11" 22'
01" West 119.91 feet to a point; South 05" 52' 50" West
220.99 feet to a point; South 00` 54' 08" East 66.29
feet to a point; South 00° 24' 00" West 182.53 feet to
a point; South W 57' 13" East 148.53 feet to a point;
South 32' 191 31" West 84.35 feet to a point; South 42o
34, 50" West 46.20 feet to a point; South 03' 42, 56"
East 73.47 feet to a point; South 12' 01' 29" West
161.49 feet to a point; South 40' 50' 57" West 104.45
feet to a point; South 30' 52' 41" West 88.41 feet to a
point; South 30' 510 54" West 66.66 feet to a point;
South 30' 52' 41" West 62.32 feet to a point; and,
South 25° 03' 06" West 94.70 feet to a point; thence,
South 75' 091 42" East 263.56 feet to a point; thence,
North 74' 531 55" East 153.87 feet to a point; thence,
North 29' 52, 20" East 500.61 feet to a point in the
western right-of-way line of J.E.L. Wade Drive; thence,
continuing along and with the western right-of-way line
of J.E.L. Wade Drive the following courses and
distances: North 020 50' 30" West 82.12 feet to the
point of curvature of a curve to the right; along and
with said curve to the right, said curve having a delta
angle of 12' 59' 20" and a radius of 749.20 feet, a
chord bearing and distance of North 03' 39' 11" East
169.48 feet to the point of tangency of said curve;
North 12' 49' 02" Bast 69.80 feet to the point of
curvature of a curve to the right; along and with said
curve to the right, said curve having a delta angle of
3' 150 11" and a radius of 749.20 feet, a chord bearing
and distance of North 17' 06' 50" East 42.53 feet to a
point; North 00' 361 50" East 292.75 feet; and, North
06' 08' 17" hest 66.00 feet to the point or place of
beginning_
The above -described real property is conveyed together
with all riparian and littoral rights in and to the
Northeast Cape Fear River appurtenant thereto, except
such riparian and littoral rights appurtenant to the
tract and more particularly hereinafter described and
identified as the EXCLUDED PROPERTY.
The above -described real property is conveyed expressly
subject to the right--of-way of Bradley Street as shown
and delineated on the above -identified map or plat.
■ ■ • : ■ 7ai:i�ii'�
SAVING AND EXCEPTING from the above -described CONVEYED
PROPERTY the EXCLUDED PROPERTY which is described as
follows: Beginning at a point in the western right-of-
way line of J.E.L. Wade Drive, said point being located
the following courses and distances from N.C.G.S.
Monument "WADE': North 11' 28' 39" West 148.08 feet to
an existing concrete monument in the centerline of
J.E.L. Wade Drive; South 83' 43' 15" West 33.00 feet;

BOOK PAGE
2221 n876
and, North 06' 161 459 West 372.13 feet to the point or
place of beginning of the EXCLUDED PROPERTY. THENCE,
FROM SAID POINT OF BEGINNING■ SO LOCATED, along and
with the western right-of-way line of J.E.L. Wade
Drive, North 06° 16, 4%" West 63.00 feet to a point;
thence, South 83' 43' 15" West 283.32 feet to a point
in the mean high water line of the Northeast Cape Fear
River; thence, along and with the mean high water line
of the Northeast Cape Fear River the following courses
and distances: South. 03° 484 15" East 36.88 feet to a
point; South 13' 06' 190 west 69.97 feet to a point;
South 11' 22' 01" West 119.91 feet to a point; South
05' 52' 50" West 220.99 feet to a point; South 00' 54'
08" East 66.29 feet to a point; and, South 00' 24' 00"
West 56.28 feet to a point; thence, North 89' 44' 560
East 25.00 feet to a point; thence, Borth 00' 24' 00"
East 56.28 feet to a point; thence, North 00' 54' 0Ba
West 65.09 feet to a point; thence, North 050 52" 50H
East 218.31 feet to a point; thence, north 11' 22' 01T'
East 118.33 feet to a point; thence, Worth 13' 06' 19"
East 52.77 feet to a point; thence, North 83' 43' 15"
East 267.00 feet to the point or place of beginning.
FURTHER SAVING AND EXCEPTING from the CONVEYED PROPERTY
all riparian and littoral rights in and to the Northeast
Cape Fear River as are adjacent and appurtenant to the
herein described EXCLUDED PROPERTY.
TRACT III. EASEMENT
The above -described real property (the "CONVEYED
PROPERTY"), is conveyed together with a perpetual and
exclusive easement (the "EASEMENT") over, above, under
and across a portion of the. EXCLUDED PROPERTY, as above
defined and described, which EASEMENT may be utilized,
enjoyed, encumbered, devised and conveyed without
restriction by Bennett Ventures, LLC, said EASEMENT
being more particularly described as follows. Beginning
at a point which is located the following courses and
distances from the Point of Beginning of the CONVEYED
PROPERTY above -described: North 06' 161 45" West 372.13
feet to a point; South 83' 43' 15" West 267.00 feet to a
point; South 13' 06. 19" West 52.77 feet to a point; and,
South 11° 22' 01" West 107.24 feet to the point or place
of beginning of the EASEMENT. THENCE, FROM SAID POINT OF
BEGINNING, SO LOCATED, North 80' 13' 25" West 25.01 feet
to the mean high water line of the Northeast Cape Fear
River; thence, along and with the mean high water line of
the Northeast Cape Fear River, South 11" 22' 01" West
11.60 feet to a point and South 05' 52' 50" West 112.83
feet to a point; thence, South Bo' 16" 15" East 25.06
feet to a point; thence, North 05' 52' 50" East 113.31
feet to a point; thence, North 11' 22' 01" East 11.09
feet to the point or place of beginning.
The above EASEMENT is conveyed together with all riparian
and littoral rights in the Northeast Cape Fear River as
are adjacent and appurtenant to said EASEMENT.
Subject to 1997 taxes, and easements of record applicable
to the above property, if any.
Together with all and singular the lands, tenements, easements
and appurtenances thereunto belonging or in anywise appertaining.
I

b44K
PAGE
W HAVE AND 'hb HOLD, the aforesaid tract or parcel of land and
all privileges and appurtenances thereunto belonging to the said
party of the second part, its successors and assigns, forever.
And the said party of the first part does covenant that it is
seized of said premises in fee and has the right to convey the samer
in fee simple; that the same is free from encumbrances, except as
stated above, and that it will WARRANT and DEFEND the said title to
the same against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the said party of the first part has
caused this instrument to be executed in its corporate name by its
President, attested by its Secretary, and its corporate seal to be
hereunto affixed, pursuant to authority duly given by its board of
day and year first above written.
CORBETT INDUSTRIES, INC.
By �aa
President
COUNTY OF NEW HANOVER
I, a Notary Public ofCounty,
North Carolina, certify th t
personally a e�pefore me this day and acknoledged that he (or
she) is thew ecre ary of CORBETT INDUSTRIES, INC., a corporation,
and that by authority duly given and as the act of the corporation,
the foregoing instrument was signed in its name by its President,
sealed with its corporate seal, and attested by himself (or
herself) as its Secretary.
W' tness my hand and notarial seal, this the 3C * day of
1997_
9 Notary Public9��'=?9�
Hy commission expires: I_f_� k
STATE OF 1VpRTFi CARdL[DFA
w H County
Tt
rtw FurcaoinZoi4 y Anncacd Ccnifiolctsl of
Notary (N—kg) re cc ['fwd
In N smccj
This the 6 day Of 19�L
rry ut Outs , Rre10 f D—d 4
by
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S'i'ATE [7�' NQRTNORTHCAR[�LIiVA FEB I S arCer52 ID R04805-001-001-000
COUNTY OF NEW i ANl7VER ID ROdS05-001-003-000
"H2S DEED, made and erater.edL.,Lgto V_his the 9th day of
February, 1999, by and between BENNETT VENTURES, LI,C, a North
Carolina limited l.iabilily company, party of the first part; and
DONOVAN, LLC, a North cacoiina limited liability company, having an
address of 2608 Shdridy Lane, Wilmington, North Carolina 18401,
pal ty of the second p,a rt ;
W l 'T' N E S 5 E T H
That the party of the first part in consideration of the
Slim of Ten Dollars ($10.00) and other good and valuable
considerations to said party paid by the party of the second part,
the receipt of which hereby is acknowledged, has bargained and sold
and by these presents does bargain, sell and convoy unto- the party
Of Lhe sec.-ond port, party's successors and assigns, the
fallowinq described property, to wit:
See At(oubmeut A attached hereto and
incorporated herein by reference -
TO HAVE ANn TO HOLD said property and all privileges and
appurtenances therelsntp belonging to the pdrLy of the second part,
Said party's succ+e-3scsrs and assigns forever.
And the party of tho first. part does covenant that said
party is seised of said property in fee and has the right to convey
same it, fee simple; that the same is free from encumbrances except
any encumbrances or restrictions mentioned above and Lhat said
party will warrant and dctend the title to the same against the
lawt t,l claims of ill persons whomsoever.

EMI, P;'.1; E
2523 C'�-,Lj
IN TESTIMONY WHEREOF, the party of Lhe first part 6a.,
caused this insLrumellL t❑ by executed under seal and in such form
as Lo be binding, thi=; the day and year first ahuve written.
BENNETT VENTURES, LLC (SEAL)
A L ted ILiability Company
t5EALj
1 W. Be nett, Manager
(SEAF.)
a ennett, Manager
a
STATE OF NORTH CAROLINA
4 COUNTY OF NEW HANOVER
M �
I, .-__!'rlL , a Notary
Public in and fur sal d County and State, do hereby certify that
PAUL W_ BENNETT anti PA'TPICIA G, BENNETT betore me this day
Personally appeared, who being by me tirst duly sworn, says Lhat
to they are the manager; of BENNETT VENTURES, LLC, the limited
liability c-outpany descr-Lbed in and which executed the foregoing
instrument; that they oNecuted said instzi;mertt in the limited
liability company n mF by subscribe-ng cheir names Lhereto; and Lhat
the i.nBLrument Ls the act' and deed of said limited liability
company.
WTTNESS my hand and notarial seal, this Lhe ! day of
February, 1999.
44
Nota y Public
My commisuiull Expires: ' a►+``y�� Lr,rayryr
NOTARY
STATE OF NORTH CAROLINA 2z, z
New Hano►cr County i PUBLIC
The Foregoi ' Mnrxcd Ccnifica! Hof �
' ....
e
�rtlrluat%rl�
Nntaty (Nntarias) Public W we cenired
to be �orrrsi,
'this Uir day of 14-! '—
Mary Sue Ones, Rr&Is of Ilc-da
bY
I7cpu[y'r�ia toot
I
Fa

ATTACHMENT "A"
(DEEDy
Those certain tracts or parcels of tznd lying and being sitUaLe in
the City of W"rr"ngton, New Hannver County, North Carolina, and
being portions of that property conveyed to Bennett Ventures, LLC
by deed recorded in Book. 2221, at page ❑874 in the office of the
Register of Deeds of New Elanaver Count_ y, said traCL6 or parcels
being more particularly described as follows:
TRACT I
Beginning at an iron In the northern line of
Lhe propezLy owned by Donovan, LLC more
parLiculary described in the deed recorded in
Book 2221, at Page 0900 if, the office of the
Registry of Deed:> c)f New Hanover county, said
point of beginning heincl located North 06➢ 16,
45" West 63.00 feeL and South 83' 43' 15" West
2'_32.29 feet from the pr)int of beginning of the
tract awned NOW key irK311cvan, LLC as dr=scribed
in the deed xerord-d in Book 2221, at
Page 0900, the description as set forth in
said deed being incorporated herein by
reference. '1'11ENCE, FROM SAID POINT OF
BEGINNING, 50 LOC:ATF-P, north f37" 10, 061, West,
it_65 reek 10 + paint in the mean high water
line r,f 1-he NorLheas* gape Fear River; thence,
along and wlL11 the mean high water line of the
NQrt.heast CaPc- F-Ir River, South 03' 4Q' 15"
East '1.72 feet `.ci a F,r,int in the Northern
boundary of rhe- pcopir rty owned by Donovan, LLC
as described in [fee above-teferer_ced deed;
thence, HorLh 83' 43' I5" East, along and with
the boundary of the property owned by
Donovan, LLC, 31_+133 feet to the point or place
of beginning.
TRACT II
Beginning at an iron located in the eastern
line of the property owned by Donovan, LLC as
described by r.he deed recorded in Book 22.21,
at Page 0900, said point of beginning being
.located South 83' 43' 7`1" west 267.00 feet Ld
an iron and .South 130 115' 19" West 52.7'1 feet
from Lhe point of- beginning of the trar.L
conveyed U3 Donovan, LLC as msre part.iculary
described by 1.hp riuLd recorded in Book 2`21,
at Page 0900. THENCJl , FROM SAIO POINT OF

? 5 2 3 J5`t G
BEGTNNING, SO LOCATEn, South 700 57' 23" East
59.39 .feet to an iron; thence, South 380 06'
24" East 57.51 'feet to an iron; thence,
South 53' 261 04" west. 59.33 feet to an iron;
thence, North 3E" 50' 35" West 45.00 feet to
an iron; i hericc.., South 1V 48 P 0S" West
249.64 feet to an iron; thence, South 04° 33'
13" West 40,11 Feet to an iron; thence,
South 14' 2-1' 37" EasL L08.45 feet to an iron;
thence, South 89' 411 56" West 39.30 feet to
an iron, a corner of the property awned by
Donovan, LIP; thence, along and wi!_n a
boundary of the property owned by Donovan, 1.1,C
as described by the deed recorded in
Book 2.221, at Page 0900, the following courses
,and distant -es: North coo 24' 00" East.
`:6_28 feet to a point; Werth 00° 54' 08" WeSL
E6.09 feet to a pnirit; North 05' 52' 50" East
105.00 feet Lo a pc,int; North 05' 52' 50" West
113.31 feet to a Point; and North 11' 22' 01"
Fast 118.33 feet L, the point or place of
beginning,
The above-descri bes! TRACT IT is conveyed
together with certain non-exciusi.ve perpetual.
easements for a0l',ess Lc, and from J.E.L. Wade
Drive, vehicular parking and the installation,
maintenance ar,s9 -eclair of utility services
ever, upon, llrldei and across a portion of the
property owned toy Bennett VenLures, LLC as
dest:ribod by Lhe deed recorded in Look 2221,
at- Page 08'14, said portion being more
particulary described as follows: Beginning
at a point in Lhe western right-of-way line of
J.E.L. Wade Drive, said point of beginr.inq
being located SoUt-h 060 16, 45" East
38.38 feet fr«m ari iron pipe, the point ❑f
beginning of the t-rac_t or parcel of land
conveyed to Donovan, LLC by deed recorded in
Book 2221, at Page, 0900, the description as
set forth in said deed being incorporated
here -in by reterence- THENCE, FROM SAID POINT
OF REGINNTN[;, SO LOCATED, South San 43' I5"
West 40.94 feet to the point of curvature of a
r-urve to Lhe left; thence, continuing along
rind with said ck;rve t.-� the left said curve
having a delta angle of 78' 48' 03", a radius
Cif 90.00 feet all -I a tangent of -13.93 feet, •a
I

11[:u:; I AGL-
chord bearinrl anci distance of South 44° 19'
131, We,t 119. 5 feet to Lhe point of ;tangency
of said curve; thence, South 040 55' 12" west.
48.54 Feet tr; a anoint; thence, North 540 09'
45" West 124.2? feet to an iron in a line of
property owned by Donovan, 1,LC; thence, along
and with the bcurirl�iry A�F the property owned by
Donovan, 1.,1.0 the following courses and
distances: South 38' 06' 24" East 57.51 feet
Lo an iron; SOur.h 539 16' 04" West 59.33 feet_
to an iron; North 36' 50' 35" West 45.00 feet_
to an 1.ron; arrc] caui_h 10' 48' 08" West
171.04 feet Lc an iron; thence, North 696 34'
r:?0" Last 19_i.9ta fr?!et, to an iron; thence,
North fW 00' C]`i" East 135.26 feet to an .i ron
in the western right-of-way iine of
J.E.L. Wade Drive; thence, Forth 060 16' 45"
West, along and with the western right-of-way
line of J,E.I,. Wade Drive, 30.13 feet to an
Iron; thene-Fn' South 890 00' 05" SNesL
17.2f feet Co •an iron; thence, north 54' 09'
45" West 34.82 feet to a paint; thence,
North 04* 55, 12" East 66.51 feet to the paint
Of Curvature of ti r,urve to the right; thence,
along and with sari curve. to the right, said
curve having a delta, angle of 78' 48' 03", a
radius of 6p.U0 leeL, a tangent of 49.24 feet,
a chord bearing and distance of North 44' 19'
13" East 76.17 feet to the point of tangency
-.:f said curve; rhvnce, North 83° 43' 15" East
110.94 feet La el pC-�irlL in the western
"i#t -of-way line of J.E.1_ Wade Drive;
thence, North 060 16' 45" West, along and with
the western riaihL-ot-way line of J.E.I._ Wade
urive, 30.00 feet to the point or place of
h e 9 i nriinq .
The above -described TRACT 11 is conveyed
.9ijbiect to an easement herein reserved by the
hearty of the first part, iLs successors and
assigns, Whi h easement may be utilized,
enjoyed, encumbeted, devised and r_onveyed by
the panty of the first part, its successors
and .assigns, without restricLion, the
description crf said easement beiiiy hereby
reserved is more particulary described as
t()llows
t

?523 0arl8
Beginning at an iron located in the eastern
linp of the Property owned by Donavan, LLC as
described by the deed recorded in Book 2221,
at Uage 0900, said point of beginning being
located the following courses and distances
from the point of beginning of the tract
conveyed to Dortouan, !.I,C as more parti cu to r y
described by said cleed. South 83' 43' 15" wesL
26-7.00 feet L�7 an iron; South 130 06, 19" West
52.77 feet to an iron; and, South 11' 22' 01"
West 107.24 feet_ to an iron, the point or
place of beginning, said point or place of
beginning also being the northeastern corner
Of Lhat Certain EAS'EHENT conveyed to the party
of the firtit_ part as more particulary
described in that [certain deed recorded ir,
Hook 2221, at Page 0874 in the office of the
Register of heeds of New Hanover County.
THENCE, FROM SAID POI NJ. OF BEGINNING, SU
LOCATED, along and with the eastern line of
tile EASEMENT t:onveyed Lo the party or the
first part abovQ referenced, Sorsth 11' 22' 01"
blest 11.09 feel to an iron and South 05' 52'
50" W(a st 111-.31 feet to an iron; thence,
South ROO lh' 1.5" East 20.30 feet to a point
in a western boundary nt the property owned by
the party of the first part; thence, along and
With a western bl•,Llndary of the property owned
by the party if the first part, North 10' 48'
08" East 124.14 fpeC to a point.; tlience, North
80' 13' 25" Wczt ;:9.91 feel- Lo the point or
place. of beginning.
The descriptions of TRACT I and TRACT II, together with the
easements appurtenant thereto and accepted herein, are based upon
a survey and plat prepared by Hanover Design Services, P.A. dater)
Dec ember 21, 1998.
WI.M.MAIN% 4 12 60 - i

Book 6326 Page 497
IF 0
\9'�
BK: RE; 6326
if
111111
P
�G
OR ED�h�4
2020024062
06-26-2020
NEW HANOVER COUNTY, NC
xSTATTEEOF�NC6
02:33: i 2 PM
TAMMY THE USCH BEASt.EY
REAL ESTA71
9Y., SAMANTHA SPEAKER REGISTER 'OF REEDS
EXT% $6092.00
DEPUTY
The Attorney Preparing this Instrurnent Made No Record Search or Title Examination as to the Property Herein
Described, Unless the Same is Shown by Their Written and Signed Certificate.
Tax Lot No.
Verified by
Excise Stamps $ ti 092.00
County on the day of
Mail after recording to: C. York Law. PLLC, 2030 Eastwood Road #7. Wilmington, NC 28403
This instrument was prepared by: Hodges Coxe & Potter, LLP
3907-100 Wrightsville Avenue Wiltnin ton NC 28403
201,
Brief description for the Index: Approx. 1 I Acres LE.L. Wade Drive and 21 Boat Slips in Cape Fear Marina
THIS
NORTH CAROLINA SPECIAL WARRANTY DEED
GRANTOR
of
BENNETT VENTURES, LLC
a North Carolina limited liability company
2020 by and between
GRANTEE
OTH REALTY, LLC
a North Carolina limited liability company
6317 Market Street
Wilmington, NC 28405
The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and
shall include the singular, plural, masculine, feminine or neuter as required 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 New Hanover County, North Carolina, and more particularly described as
follows:

Soak 6326 Page 498
SEE ATTACHED EXHIBIT A AND EXHIBIT B, WHICH ARE ATTACHED TO THIS
DEED AND MADE A PART OF THIS DEED AS IF FULLY SET FORTH HEREIN.
TO HAVE AND TO HOLD the aforesaid tot or parcel of land and all privileges and appurtenances thereto belonging
to the Grantee in fee simple.
And Grantor hereby warrants that Grantor has done nothing to impair the title as received by Grantor and that Grantor
will forever warrant and defend the title against the lawful claims of all persons claiming by, through or under Grantor.
This conveyance is made subject to the following Exceptions and Reservations:
1. Easements and restrictions that appear of record.
2. Taxes due but not yet payable.
3. The terms of all applicable zoning, land use and planning ordinances, statutes and regulations.
IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this
instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by
authority of its Board of Directors, the day and year first above written.
:AL]
EAL STAMP NORTH CAROLINA
L\aJT2•f 9 COUNTY
I, a Notary Public of the County and State aforesaid, certify that Patricia Sennett, Manager of Grantor, personally
appeared before the this day and acknowledged that she is duly authorized by the Grantor to act on Gra tor's behalf,
and e�x Muted the foregoing instrument. Witness my hand and official stamp or seal, this day of
V 12020.
My commission expires: 2� V ' l • Notary Public
RACHEL M BSNGE
NOTAFtY PUBLIC
NEW HANOVER COUNTY, NC
My Commission Expires 12•0-2024
2

Book 6326 Page 499
EXHIBIT A
A certain tract or parcels of land lying and being in the City of Wilmington, New Hanover County,
North Carolina and being part of the that tract described in book 2221 page 874 and those tracts
described in book 5149 page 1618 and portions of previously public right of ways that have been
formally closed and being more particularly described as follows:
Tract A
Beginning at an iron on the western right of way of North J.E.L. Wade Drive (66 ft. public right
of way), said point being located N 81-11-56 W 34.16 ft. from a concrete monument at the
intersection of the centerlines of said North J.E.L. Wade Drive and Compton Street (66 ft. public
Tight of way): Proceed from said point of beginning and leaving said right of way S 83-43-15 W
267.00 ft. to a point, thence S 13-06-19 W 52.77 ft. to a point, thence S 70-57-23 E 59.39 ft, to an
iron, thence S 38-06-24 E 57.57 ft. to an iron, thence S 53-16-04 W 59.33 ft. to an iron, thence N
36-50-35 W 45.00 ft. to an iron, thence S 10-48-08 W 249.64 ft. to an iron, thence S O4-33-13 W
40.11 ft. to an iron, thence S 14-27-37 E 108.45 ft. to an iron, thence 5 16-35-04 W 125.54 ft.,
thence S I 1-57-13 E 160.74 ft., thence S 32-19-31 W 99.24 ft., thence S 42-34-50 W 36.07 ft.,
thence S 03-42-56 E 64.79 ft., thence S 12-01-29 W 173.35 ft., thence S 40-50-57 W t 09.54 ft.,
thence S 30-52-41 W 90.04 ft. to a point on the northern right of way of Bradley Street (66 ft.
public right of way), thence with said right of way S 51-04-33 E 191.83 ft. to a point northern right
of way of the Isabel Homes Bridge\North 3rd Street right of way (variable width public right of
way), thence with said right of way and with a curve to the left having a radius of 770.90 ft. a
chord N 62-24-57 E 231.66 ft. to an iron, thence with a curve to the right having a radius of 2296.58
ft a chord N 34-42-49 E 624.18 ft. to an iron at the intersection of the southern right of way of
Ashe Street (66 ft. public right of way), thence with said southern right of way S 83-48-52 W
181.57 ft. to an iron on the western right of way of Cornelius Hamett Drive (variable width public
right of way), thence with said western right of way N 12-49-02 E 69.85 ft to an iron, thence with
a curve to the right having a radius of 749.20 ft. a chord N 17-06-50 E 42.53 ft. to an iron on the
western right of way of North J.E.L. Wade Drive, thence with said western right of way N 00-36-
50 E 292.75 ft. to an iron, thence N 06-08-17 W 66.00 ft. to an iron, thence N 06-16-45 W 372.13
ft. to the point of beginning and containing 10.92 acres.
Together with a Private Access and Use Easement recorded on condo plat 1 I page 278-279 and
book 2523 page 543 and being more particularly described as follows: Beginning at a point in the
western line of the above described Tract A, said point is located S 58-29-18 W 355.16 ft. from a
concrete monument at the intersection of North J.E.L. Wade Drive and Compton Street: Proceed
from said point of beginning N 80-13-25 W 54.92 ft. thence S 11-22-01 W 11.60 ft. thence S 05-
52-50 W 112.83 ft., thence S 80-16-15 E 45.36 ft. to the western line of the above Tract A, thence
with said western line N 10.48-08 E 124.14 ft. to the point of beginning.
Said tract is subject to a Private Access, Parking and Utility Easement recorded in book 2523
page 543 and being more particularly described as follows: Beginning at a point on the western
line of North J.E.L. Wade Drive and being S 06-16-45 E 3 8.3 8 ft. from the beginning point of the
above described Tract A: Proceed ftom said point of beginning S 83-43-15 W 40.94 ft., thence
with a curve to the left having a radius of 90.00 ft a chord S 44-19-13 W 114.25 ft. thence S 04
55-12 W 48.54 ft., thence N 54-09-45 W 124.27 ft. thence S 38-06-24 E 5 7.5 7 ft., thence S 53-16-

Hook 6326 Page 500
04 W 59.33 ft., thence N 36-50-35 W 45.00 ft., thence S 10-48-08 W 171.04 f., thence N 69-34-
50 E 195.99 ft., thence N 89-00-05 E 135.26 ft. to the western right of way of North J.E.L. Drive
thence with said western right of way N 06-16-45 W 30.13 ft. thence leaving said right of way S
89-00-05 W 87.26 ft., thence N 54-09-45 W 34.82 ft., thence N 04-55-12 E 66.51 ft., thence with
a curve to the right having a radius of 60.00 ft. a chord N 44-19-13 E 76.17 ft., thence N 83-43-15
E 40.94 ft, to a point on said western right of way of North J.E.L. Wade Drive, thence with said
western right of way N 06-16-45 W 30.00 ft. to the point of beginning.
Said tract is also subject to a Public Utility Easement recorded at book 2559 page 45 and NCDOT
Permanent Drainage Easement and Slope Easements 91 and #2 recorded at book 3099 page 750.
Tract B
Beginning at a point at the intersection of the southern right of way of Bradley Street (66 ff. public
right of way) and the northern right of way of Isabel Homes Bridge\North 3rd Street right of way
(variable width public right of way): Proceed from said point of beginning and with said southern
right of way N 51-04-33 W 136.04 ft. thence leaving said right of way S 30-52-41 W 56.55 ft.,
thence S 25-03-06 W 62.29 ft. to a point on said northern right of way, thence with said northern
right of way and with a curve to the left having a radius of 770.90 ft. a chard N 83-06-18 E 162.41
ft. to the point of beginning and containing 0.20 acres.
TOGETHER WITH perpetual non-exclusive casements (i) for pedestrian access and the
installation, maintenance and restoration of utility services over, upon, under and across those
portions of Cape Fear Marina, a condominium, designated as "COMMON ELEMENT (DOCK)"
together with the right to access the "COMMON ELEMENT (DOCK)" by utilizing existing
walkways and ramps, as the same may be relocated from time to time, and (ii) for access across
the COMMON ELEMENT to and for the use of all facilities located within the Bath House of
Cape Fear Marina, A Condominium, as described in Deed of Easement recorded in Book 2523
at Page 556 of the New Hanover County Registry, reference to which is made for a more particular
description.
TOGETHER WITH the perpetual non-exclusive easements reserved in Deed recorded in Book
2627 at Page 200 of the New Hanover County Registry, reference to which is made for a more
particular description, for access and the installation, maintenance and restoration of utility
services over, upon, under and across the area and improvements designated as "COMMON
ELEMENT (DOCK)" as shown and designated on that certain map or plat entitled "CAPE FEAR
MARINA A CONDOMINIUM (MARINA UNITS P THROUGH T)", said map or plat being
recorded in Condominium Map Book 11 at Page 316, in the office of the Register of Deeds of
New Hanover County, reference to said map or plat being hereby made for a more particular
description of the area upon which the easements are reserved.
TOGETHER WITH nonexclusive perpetual easements reserved in the SIXTH AMENDMENT
TO THE DECLARATION OF CAPE FEAR MARINA, A CONDOMINIUM recorded on
October 20, 2005 in Book 4923 at Page 2740 in the New Hanover County Registry, reference to
which is made for more particular description, over, upon, across and within all Common
Elements, including but not limited to the Docks, shown and designated on map recorded in
Condominium Map Book 15 at Pages 80-81 of the New Hanover County Registry for (i) access

Book 6326 Page 501
and (ii) the mooring and docking of boats and other marine vessels in, within and to said Common
Elements.
TOGETHER WITH nonexclusive perpetual easements reserved in the SEVENTH
AMENDMENT TO THE DECLARATION OF CAPE FEAR MARINA, A CONDOMINIUM
recorded on April 9, 2007 in Book 5166 at Page 524 in the New Hanover County Registry,
reference to which is made for more particular description, over, upon, across and within all
Common Elements, including but not limited to the Docks, shown and designated on map recorded
in Condominium Map Book 17 at Pages 5-6 of the New Hanover County Registry for (i) access
and (ii) the mooring and docking of boats and other marine vessels in, within and to said Common
Elements.

Book 6326 Page 502
Exhibit B
Legal Description
Marina Unit F-
Being that certain condominium unit designated as Marina Unit F and all rights and interests
appurtenant thereto, as described in the Declaration of Cape Fear Marina, A Condominium,
recorded in Book 2559 at Page 1, as amended, in the office of the Register of Deeds of New
Hanover County (the "Declaration"), and as designated on the plans and plats entitled "CAPE
FEAR MARINA A CONDOMINIUM" incorporated by reference in Exhibit B of the Declaration
and recorded in Condominium Map Book 1 I at Pages 278 through 279 in the office of the Register
of Deeds of New Hanover County, North Carolina, reference hereby being made to said
Declaration and the aforesaid plans and plats for a more particular description of Marina Unit F.
Marina Units 10 12,1620 22 23 24 33 and 34:
Being all those condominium units designated as Marina Units 10, 12, 16, 20, 22, 23, 24, 33 and
34 and all rights and interests appurtenant thereto, as described in the Declaration of Cape Fear
Marina, A Condominium, recorded in Book 2559 at Page 1, as amended (the "Declaration") and
being more particularly described in the Sixth Amendment to the Declaration of Cape Fear Marina,
A Condominium, recorded in Book 4923 at Page 2740 (the "Sixth Amendment"), and as
designated on the plans and plats entitled "CAPE FEAR MARINA A CONDOMINIUM (Marina
Units 5-6, 8-13, 15-20, 22-27 and 29-34)" incorporated by reference in Exhibit B of the Sixth
Amendment and recorded in Condominium Map Book 15 at Pages 80 through 81, all in the office
of the Register of Deeds of New Hanover County, North Carolina, reference hereby being made
to said Declaration, Sixth Amendment and the aforesaid plans and plats for a more particular
description of Marina Units 10, 12, 16, 20, 22, 23, 24, 33 and 34.
Marina Units 35 36 37 38 39 40 4I 42.43 44 and 45:
Being all those condominium units designated as Marina Units 35, 36, 37, 38, 39, 40, 41, 42, 43,
44 and 45 and all rights and interests appurtenant thereto, as described in the Declaration of Cape
Fear Marina, A Condominium, recorded in Book 2559 at Page 1, as amended (the "Declaration")
and being more particularly described in the Seventh Amendment to the Declaration of Cape Fear
Marina, A Condominium, recorded in Book 5166 at Page 524 (the "Seventh Amendment"), and
as designated on the plans and plats entitled "CAPE FEAR MARINA A CONDOMINIUM
(Marina Units 35-47)" incorporated by reference in Exhibit B of the Seventh Amendment and
recorded in Condominium Map Book 17 at Pages 5 through 7, all in the office of the Register of
Deeds of New Hanover County, North Carolina, reference hereby being made to said Declaration,
Seventh Amendment and the aforesaid plans and plats for a more particular description of Marina
Units 35, 36, 37, 38, 39, 40, 41, 42, 43, 44 and 45.
This conveyance is made subject to the rights of the public in the public trust waters and rights of
the State of North Carolina and the United States of America as would relate to the same.

Book 6326 Page 503
For Information Purposes Only:
Marina Unit F, Tax Parcel ID: R04805-001-002-006
Marina Unit 10, Tax Parcel ID: R04805-001-002-032
Marina Unit 12, Tax Parcel ID: R04805-001-002-034
Marina Unit 16, Tax Parcel ID: R04805-001-002-037
Marina Unit 20, Tax Parcel ID: R04805-001-002-041
Marina Unit 22, Tax Parcel ID: R04805-001-002-042
Marina Unit 23, Tax Parcel ID: R04805-001-002-043
Marina Unit 24, Tax Parcel ID: R04805-001-002-044
Marina Unit 33, Tax Parcel ID: R04805-001-002-052
Marina Unit 34, Tax Parcel ID: R04805-001-002-053
Marina Unit 35, Tax Parcel ID: R04805-001-002-054
Marina Unit 36, Tax Parcel ID: R04805-001-002-055
Marina Unit 37, Tax Parcel ID: R04805-001-002-056
Marina Unit 38, Tax Parcel ID: R04805-001-002-057
Marina Unit 39, Tax Parcel ID: R04805-001-002-058
Marina Unit 40, Tax Parcel ID: R04805-001-002-059
Marina Unit 41, Tax Parcel ID: R04805-001-002-060
Marina Unit 42, Tax Parcel ID: R04805-001-002-061
Marina Unit 43, Tax Parcel ID: R04805-001-002-062
Marina Unit 44, Tax Parcel ID: R04805-001-002-063
Marina Unit 45, Tax Parcel ID: R04805-001-002-064

Book 6326 Page 504
TAMMY THEUSCH BEASLEY New Hanover County
Register of Deeds
Register of Deeds
320 CHESTNUT ST SUITE 102 i WILMINGTON, NORTH CAROLINA 28401
Telephone [phone] - Fax [phone]
T
..
ri
e
P
o
State of North Carolina, County of NEW HANOVER
Filed For Registration: 06/26/2020 02:33:12 PM
Book: RB 6326 Page: 497-504
8 PGS $6,118.00
Real Property $26.00
Excise Tax $6,092.00
Recorder: SAMANTHA SPEAKER
Document No: 2020024062
Go\)Wry.
a
Wa ° A
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a
3 9
'�'�el.lsllin r�
DO NOT REMOVE!
This Certification sheet is a vital part of your recorded document. Please =stain with original document and submit
when re-recording.

RECOMMENDATIONS FOR 15 Cowan Street and 1709 Jel Wade Drive, OTH Realty, LLC./ Cape Fear Marina
Association/ CCC Sawmill Point Marina. LLC. 6/06/2023
The project appears to be CONSISTENT with NCAC 15A 07H.0208(b)(5) Specific Use Standards for
Marinas, however, according to 07H.0207(c) Public Trust Areas — Management Objective, the management
objective for Public Trust Areas is to protect public rights for navigation and recreation and to conserve and
manage the Public Trust Areas so as to safeguard and perpetuate their biological, economic, and aesthetic
value. The project appears to incorporate a large amount of Public Trust Area, however, the applicant has
proposed to elevate an approximately 10' section of the new fixed pier at least 6' above MHW, to maintain
access to Public Trust Waters and also elevate a 10' section on each of the existing fixed piers (2) to at least
6' above MHW at the CCC Sawmill Point Marina, LLC. docking facility to create access to previously
inaccessible Public Trust Waters.
Based on NC DOT comments, the applicant has committed to a 15' minimum horizontal clearance from the
bridge supports and pilings spaced approximately 12' apart installed landward of the floating dock. The
applicant also states that the floating dock may be moved at request of NC DOT to perform maintenance on
the Isabel Holmes Bridge. NC DOT states that they have no issue with this proposal if the floating dock
section under the bridge can be removed within 7 calendar days when requested.
This office has no objection to the proposed project, provided they are consistent with all other state and
federal permitting requirements, however, public signs posted at the proposed 10 'elevated sections over
Public Trust Waters would enhance preservation of Public Trust Area and Public Trust Use. Any permit
issued should include the standard permit conditions.
As proposed, this office has no objections to the proposed project and any permit issued should include
the standard permit conditions for marinas.

AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION
Name of Property Owner Requesting Permit:
Mailing Address:
OTH Realty LLC
6317 Market Street
Wilmington NC 28405
Phone Number:
Email Address: [e-mail]
I certify that I have authorized Davey Resource Group, Inc.
Agent / Contractor
to act on my behalf, for the purpose of applying for and obtaining all CAMA permits
necessary for the following proposed development:
any necessary CAMA permitting
at my property located at 1701 Jel Wade Dr, Wilmington 28401
in New Hanover County.
Y
l furthermore certify that l am authorized to grant, and do in fact grant permission to
Division of Coastal Management staff, the Local Permit Officer and their agents to enter
on the aforementioned lands in connection with evaluating information related to this
permit application.
Property Owner Information:
Signature
Jason Ruegg
Print or Type Name
Managing Member
Title
Feb 28 2023
Date
This certification is valid through 12 /31 /2024

DocuSign Envelope ID: E6BCAC44-2DB3-4135-9E28-FA79AF853C51
AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION
CCC Sawmill Point Marina LLC
Name of Property Owner Requesting Permit:
3605 Glenwood Avenue Suite 445
Mailing Address:
Raleigh, NC 27612
Phone Number:
Email Address:
Davey Resource Group, Inc.
I certify that I have authorized
Agent / Contractor
to act on my behalf, for the purpose of applying for and obtaining all CAMA permits
any necessary CAMA permitting
necessary for the following proposed development:
15 Cowan Street, Wilmington 28401
at my property located at
New Hanover
in
County.
I furthermore certify that I am authorized to grant, and do in fact grant permission to
Division of Coastal Management staff, the Local Permit Officer and their agents to enter
on the aforementioned lands in connection with evaluating information related to this
permit application.
Property Owner Information:
DuCu Sigrl ad by:
Signature
Print or Type Name
Title
I I gf,� 3
Date
12 31 2024
This certification is valid through 1 I

DocuSign Envelope ID: 23B3B3A1-1500-4627-871 D-759801 B8713B
AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION
Cape Fear Marina Association
Name of Property Owner Requesting Permit: _
1701 Jel Wade Dr
Mailing Address:
Phone Number:
Email Address:
I certify that I have authorized
Wilmington NC 28401
Davey Resource Group, Inc.
Agent / Contractor
to act on my behalf, for the purpose of applying for and obtaining all CAMA permits
any necessary CAMA permitting
necessary for the following proposed development:
1709 Jel Wade Dr, Wilmington 28401
at my property located at ,
New Hanover
Ili
County.
/ furthermore certify that / am authorized to grant, and do in fact grant permission to
Division of Coastal Management staff, the Local Permit Officer and their agents to enter
on the aforementioned lands in connection with evaluating information related to this
permit application.
Property Owner Information:
FDocuSigned by:
bV1.Vl.OV'
Signature
Connor T Bennett
Print or Type Name
cZ
Title
3 2 2023
Date
12 31 2024
This certification is valid through / /

0
Resource Group
March 13, 2023
Tara MacPherson / Kelsey Beachman
NC Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: Request for CAMA Major Permit
Sawmill Point Marina / OTH Realty LLC
Tara and Kelsey,
OTH Realty, LLC, Cape Fear Marina Association, and CCC Sawmill Point Marina, LLC are applying
for a CAMA Major Permit on the property located at 1701 / 1709 N Jel Wade Dr and 15 Cowan
Street in Wilmington, New Hanover County, North Carolina. The specifics of the proposed work
involve installation of a fixed pier and floating platform as depicted on the enclosed plan view
drawings.
Supporting documentation has been submitted digitally. Please let me know if you have any
questions during your review.
Sincerely,
l
William A Dortch, Agent
Davey Resource Group Inc.
cc: OTH Realty LLC, Cape Fear Marina Association, CCC Sawmill Point Marina LLC
Encl. CAMA Major Fee ($400.00)
www.Davey.com • Phone: [phone] • Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403

From:
Finch, Grea
To:
Beachman. Kelsey
Cc:
MacPherson, Tara; William Dortch (Andy)
Subject:
Re: [External] Re: FW: OTH Realty, LLC Cape Fear Marina Association and CCC Sawmill Point Marina, LLC
Property Adj Isabella Holmes Bridge, NH Co
Date:
Monday, May 22, 2023 12:55:10 PM
Attachments:
imaae001.ona
imaae002.ona
CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the
Report Message button located on your Outlook menu bar on the Home tab.
OK great. Yes please! Please remove the hold and process with the latest figures that were
updated to address their comments, namely the additions of the pilings on the floating dock.
Do you need anything from us?
Greg Finch I Section Manager
Davey Resource Group, Inc.
3805 Wrightsville Avenue, Suite 15, Wilmington, NC 28403
P: 910.452.0001 ext. 1928 1 M: 910.470.4734
Visit our local office page
On Mon May 22 2023 at 12:52 PM Beachman Kelsey <kelsey.beachman(c�.ncdenr.gov>
wrote:
Hey Greg,
I heard back from Angela at NCDOT and she confirmed that they do not have any additional
comments on the project proposal. Would you like to remove the hold on the application?
Thank you,
Kelsey
Kelsey Beachman
Field Representative
NC Division of Coastal Management
Department of Environmental Quality

*DEQ is updating email addresses in phases from May Ist to June 9th. Employee email addresses may look different,
but email performance will not be impacted
Office: [phone]
kelsev.beachmanndeq.nc.gov
127 Cardinal Drive Ext.
Wilmington, NC 28405
Emaif correspondence to and from this address is subject to the North
Carciina Public Records Law and may be disclosed to third parties.
From: Finch Greg <gregory, finch(c�.davey.com>
Sent: Thursday, May 18, 2023 2:09 PM
To: Beachman Kelsey <kelsey.beachman(c�.ncdenr.gov>
Cc: MacPherson, Tara <tara.macpherson&ncdenr.gov>; William Dortch (Andy)
<willi am. dortch&davey. com>
Subject: Re: [External] Re: FW: OTH Realty, LLC Cape Fear Marina Association and CCC
Sawmill Point Marina, LLC Property Adj Isabella Holmes Bridge, NH Co
CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails
with the Report Message button located on your Outlook menu bar on the Home tab.
OK thanks, as soon as you get confirmation then we'd like to continue the permit processing
at that time. Assuming they maintain their non objection with the 3 conditions noted.
Greg Finch I Section Manager
Davey Resource Group, Inc.
3805 Wrightsville Avenue, Suite 15, Wilmington, NC 28403
P: 910.452.0001 ext. 1928 1 M: 910.470.4734

Visit our local office page
On Thu May 18 2023 at 2:03 PM Beachman Kelsey <kelsey.beachman(c�.ncdenr.gov>
wrote:
We asked them if they had any comments in regard to the sections that are still proposed
as fixed, as their comments focused more on the floating section. Just so that we avoid
any surprise problems.
Kelsey Beachman
Field Representative
NC Division of Coastal Management
Department of Environmental Quality
Office: [phone]
kelsev.beachmannncdenr.goy
127 Cardinal Drive Ext.
Wilmington, NC 28405
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
From: Finch, Greg <gregory.finch&davey.com>
Sent: Thursday, May 18, 2023 12:19 PM

To: Beachman Kelsey <kelsey.beachman(c�.ncdenr.gov>
Cc: MacPherson Tara <tara.mac hen rson(c�.ncdenr.gov>; William Dortch (Andy)
<william. dortch(a-.davey. com>
Subject: Re: [External] Re: FW: OTH Realty, LLC Cape Fear Marina Association and
CCC Sawmill Point Marina, LLC Property Adj Isabella Holmes Bridge, NH Co
CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails
with the Report Message button located on your Outlook menu bar on the Home tab.
OK, we updated the drawings to show the pilings as they noted in their comments, see
attached. The other two items could be conditions on the permit, correct? What did you
ask for clarification on?
Greg Finch I Section Manager
Davey Resource Group, Inc.
3805 Wrightsville Avenue, Suite 15, Wilmington, NC 28403
P: 910.452.0001 ext. 1928 1 M: 910.470.4734
Visit our local office page
On Thu May 18 2023 at 11:55 AM Beachman Kelsey<kelsey.beachman(cz�.ncdenr.gov>
wrote:
Hi Greg,
I reached out to Angela Hammers with DOT for some clarification on their comments
for the entire proposal, she said she would need to reach out to her Bridge section and
get back to me. Would you like me to remove the hold on the application prior to
receiving her reply?
Thank you,
Kelsey

Kelsey Beachman
Field Representative
NC Division of Coastal Management
Department of Environmental Quality
Office: [phone]
kelsev.beachmannncdenr.gov
127 Cardinal Drive Ext.
Wilmington, NC 28405
• - • w-• 511 R 11161
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
From: Finch Greg <gregory.finch(c�.davey.com>
Sent: Wednesday, May 17, 2023 1:55 PM
To: Beachman Kelsey<kelsey.beachman(cz�.ncdenr.gov>
Subject: Re: [External] Re: FW: OTH Realty, LLC Cape Fear Marina Association and
CCC Sawmill Point Marina, LLC Property Adj Isabella Holmes Bridge, NH Co
CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious
emails with the Report Message button located on your Outlook menu bar on the Home tab.
Hi Kelsey,
Can you give me a call on this one please, just want to see where we're at and next
steps. Thanks,

Greg Finch I Section Manager
Davey Resource Group, Inc.
3805 Wrightsville Avenue, Suite 15, Wilmington, NC 28403
P: 910.452.0001 ext. 1928 1 M: 910.470.4734
Visit our local office page
On Thu, May 11, 2023 at 12:03 PM Beachman, Kelsey
<kelsey.beachman(a-.ncdenr.gov> wrote:
Hey Greg,
I scanned in the comments that we received from DOT for your review. Can you
send us a copy of the new drawing to look at? I wouldn't put it in Dynamics just yet,
so sending it as an attachment for now would be fine.
Thanks!
Kelsey
Kelsey Beachman
Field Representative
NC Division of Coastal Management
Department of Environmental Quality
Office: [phone]
kelsey.beachmannncdenr.gov
127 Cardinal Drive Ext.

Wilmington, NC 28405
Email correspondence to and from fMs address is subiect to the North
Carolina Public Records Law and may be disclosed to third parties.
From: Finch Greg <gregory.finch(cz�.davey.com>
Sent: Thursday, May 11, 2023 10:04 AM
To: Beachman Kelsey <kelsey.beachman(c�.ncdenr.gov>
Cc: Dortch, William <william.dortch(c-.davey.com>
Subject: [External] Re: FW: OTH Realty, LLC Cape Fear Marina Association and
CCC Sawmill Point Marina, LLC Property Adj Isabella Holmes Bridge, NH Co
CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious
emails with the Report Message button located on your Outlook menu bar on the Home tab.
Hi Kelsey,
We tried to set up a meeting with DOT to discuss the proposed change to address
their comments, but they just informed us that they submitted updated comments to
DCM. Can you please forward a copy of those. Thanks!
Greg Finch I Section Manager
Davey Resource Group, Inc.
3805 Wrightsville Avenue, Suite 15, Wilmington, NC 28403
P: 910.452.0001 ext. 1928 1 M: 910.470.4734
Visit our local office page

On Wed, Mar 29, 2023 at 2:09 PM Beachman, Kelsey
<kelsey.beachman(c�.ncdenr.gov> wrote:
Kelsey Beachman
Field Representative
NC Division of Coastal Management
Department of Environmental Quality
Office: [phone]
kelsev.beachmannncdenr.gov
127 Cardinal Drive Ext.
Wilmington, NC 28405
• 0 ' • �' • 0 • all
Emaif correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
From: Hammers Angela K <akhammers(c�.ncdot.gov>
Sent: Monday, March 27, 2023 3:30 PM
To: Beachman Kelsey<kelsey.beachman(cz�.ncdenr.gov>
Cc: MacPherson, Tara <tara.mac hen rson(j ncdenr.gov>
Subject: RE: OTH Realty, LLC Cape Fear Marina Association and CCC Sawmill
Point Marina, LLC Property Adj Isabella Holmes Bridge, NH Co
Thank you!
Angel Hammers

Engineering Technician III
NCDOT Div 3 District 3
910-398-9100 / 910-398-9119 direct
akhammersancdot.gov
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Beachman Kelsey <kelsey.beachman(c�.ncdenr.gov>
Sent: Monday, March 27, 2023 3:20 PM
To: Hammers Angela K <akhammers(c�.ncdot.gov>
Cc: MacPherson Tara <tara.mac hen rson(c�.ncdenr.gov>
Subject: RE: OTH Realty, LLC Cape Fear Marina Association and CCC Sawmill
Point Marina, LLC Property Adj Isabella Holmes Bridge, NH Co
Angela,
Thank you for your submitted comments, I have added them to the application
package, Davey Group will be able to view them there.
Regards,
Kelsey
Kelsey Beachman
Field Representative
NC Division of Coastal Management
Department of Environmental Quality

Office: [phone]
kelsey.beachmannncdenr.gov
127 Cardinal Drive Ext.
Wilmington, NC 28405
�D-Qom'
Email correspondence to and from this address is subyect to the North
Carolina Public Records Law and may be disclosed to third parties.
From: Hammers, Angela K <akhammers(cz�.ncdot.gov>
Sent: Monday, March 27, 2023 1:57 PM
To: Beachman Kelsey <kelsey.beachman(c�.ncdenr.gov>
Cc: MacPherson Tara <tara.mac hen rson(c�.ncdenr.gov>
Subject: FW: OTH Realty, LLC Cape Fear Marina Association and CCC Sawmill
Point Marina, LLC Property Adj Isabella Holmes Bridge, NH Co
Hello Kelsey,
Please let me know if submitted comments in this format is acceptable or do I need
to send in paper / in the mail comments?
BTW, the email from William Dortch was bounced back to me.
Thank you.
Sincerely,
Angel Hammers
Engineering Technician III
NCDOT Div 3 District 3
910-398-9100 / 910-398-9119 direct
akhammersancdot.gov

Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Hammers, Angela K
Sent: Monday, March 27, 2023 1:19 PM
To: willam.dortch(c�.davey.com; MacPherson, Tara
<tara.mac hen rson(c�.ncdenr.gov>
Cc: Hughes Benjamin T <bthughes(c�.ncdot.gov>; Mike Jr, Frank W
<fwmike(cz�.ncdot.gov>; Granda, Franklin S <fsgranda(Oncdot.gov>;
daniel.barton(a�.duke-energy.com; Stephens Kathy L <kste hn ens(c�.ncdot.gov>;
Bass, Michael L <mlbass(c�.ncdot.gov>
Subject: OTH Realty, LLC Cape Fear Marina Association and CCC Sawmill
Point Marina, LLC Property Adj Isabella Holmes Bridge, NH Co
Mr. Dortch and Ms. MacPherson,
Thank you for contacting NCDOT as the adjacent property owner in regards to the
project of installing a fixed pier and floating platform at the Isabella Holmes
Bridge (NCDOT Structure # 0109 and 01100011) located in NH County under
applicant name Jason Ruegg.
NCDOT Comment:
NCDOT recommends no fixed structures under the bridge beyond the
outer edge of the marsh on the submitted drawing. Anything beyond this
point could impede access for maintenance needs to the bridge from the
water.
Please let me know if you have any questions.
Sincerely,
I
Angela (Angel) Hammers
Engineering Technician III
Division 3 District 3

North Carolina Department of Transportation
910-398-9100 office / 910-398-9119 Direct
akhammersancdot.gov
5911 Oleander Dr
Wilmington, NC 28403
t N STATE
FA'o�,
a
@F2nn�vo `O
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third
parties.

17_�1111111111
401 Prefile - Sawmill Point Marina / OTH Realty, LLC
1 message
Dortch, William <[e-mail]>
To: 401 [e-mail]
Cc: William Dortch <[e-mail]>
Dortch, William <[e-mail]>
Thu, Mar 2, 2023 at 10:45 AM
The project is adjacent to the Cape Fear River at 1701 and 1709 Jel Wade Drive and 15 Cowan Street in Wilmington,
New Hanover County. There is an extensive permitting history that has authorized marinas, bulkheads, fixed and floating
docks, commercial buildings and development, travel lift, and vessel dry stacks. The properties currently operate as a
commercial boatyard for dockage, maintenance, and storage, and HOA marina facility. Water depths, structures, and
Mean High / Low Water in the vicinity of the proposed project area were located by ESP Associates on February 7, 2023.
See Appendix B for details. Waters in the project area are classified as SC SW and are open to non-commercial
shellfishing. The area is a primary nursery area.
The applicant intends to connect the existing southern fixed pier to the existing northern floating docks. The applicant
proposes installation of a fixed pier measuring 6' wide x 344' long attached to the existing fixed pier of the southern
docking facility. The proposed fixed pier will extend underneath the existing Isabel Holmes Bridge and connect via
gangway plank to a proposed 12' wide x 24' long floating platform affixed to the southeast portion of the existing northern
floating docks. To maintain access to public waters, a 10' section of the proposed 344' long fixed pier will be elevated at
least 6' above Mean High Water. The length of shoreline at Approximate Normal High Water is approximately 3,230'.
There is no upland work proposed on the property. See attached figures for details.
The proponent hereby certifies that all information contained herein 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.
William A. Dortch I Associate Consultant
Davey Resource Group, Inc.
3805 Wrightsville Avenue, Suite 15, Wilmington NC 28403
P: 910.452.0001 ext. 1921 1 M: 910.471.5012 1 F: 910.452.0020
DAVEYI
Resource Group
Visit our local office page
2023-3-2 Sawmill Bennett Bros Figure Binder.pdf
2317K

From:
Hammers, Anaela K
To:
Beachman. Kelsev
Cc:
MacPherson, Tara
Subject:
FW: OTH Realty, LLC Cape Fear Marina Association and CCC Sawmill Point Marina, LLC Property Adj Isabella
Holmes Bridge, NH Co
Date:
Monday, March 27, 2023 1:57:39 PM
Attachments:
imaae001.ona
SKM 22723032302190.odf
SKM 22723032302180.odf
Hello Kelsey,
Please let me know if submitted comments in this format is acceptable or do I need to send in paper
/ in the mail comments?
BTW, the email from William Dortch was bounced back to me.
Thank you
Sincerely,
Angel Hammers
Engineering Technician III
NCDOT Div 3 District 3
910-398-9100 / 910-398-9119 direct
akhammersancdot.gov
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Hammers, Angela K
Sent: Monday, March 27, 2023 1:19 PM
To: [e-mail]; MacPherson, Tara <[e-mail]>
Cc: Hughes, Benjamin T <[e-mail]>; Mike Jr, Frank W <[e-mail]>; Granda,
Franklin S <[e-mail]>; [e-mail]; Stephens, Kathy L
<[e-mail]>; Bass, Michael L <[e-mail]>
Subject: OTH Realty, LLC Cape Fear Marina Association and CCC Sawmill Point Marina, LLC Property
Adj Isabella Holmes Bridge, NH Co
Mr. Dortch and Ms. MacPherson,
Thank you for contacting NCDOT as the adjacent property owner in regards to the project of
installing a fixed pier and floating platform at the Isabella Holmes Bridge (NCDOT Structure # 0109
and 01100011) located in NH County under applicant name Jason Ruegg.
NCDOT Comment:
NCDOT recommends no fixed structures under the bridge beyond the outer edge of the
marsh on the submitted drawing. Anything beyond this point could impede access for
maintenance needs to the bridge from the water.
Please let me know if you have any questions.
Sincerely,
Angela (Angel) Hammers

Engineering Technician III
Division 3 District 3
North Carolina Department of Transportation
910-398-9100 office / 910-398-9119 Direct
akhammersancdot.gov
5911 Oleander Dr
Wilmington, NC 28403
E N STATE
��Cx 'awivm" x
mFQv—
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties.

From:
MacPherson, Tara
To:
Beachman. Kelsev
Subject:
FW: [External] Re: ADDITIONAL INFORMATION REQUESTED: 3-15-2023
Date:
Wednesday, March 29, 2023 4:12:08 PM
From: Dortch, William <[e-mail]>
Sent: Wednesday, March 29, 2023 2:28 PM
To: Beachman, Kelsey <[e-mail]>
Cc: MacPherson, Tara <[e-mail]>; [e-mail]
Subject: Re: [External] Re: ADDITIONAL INFORMATION REQUESTED: 3-15-2023
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to Report Spam.
Please place this project on hold at the applicant's request. We will engage in discussion with the
DOT and get back in touch. Thank you
William A. Dortch I Associate Consultant
Davey Resource Group, Inc.
3805 Wrightsville Avenue, Suite 15, Wilmington NC 28403
P: 910.452.0001 ext. 1921 1 M : 910.471.5012 1 F: 910.452.0020
Visit our local office page
On Fri, Mar 24, 2023 at 12:28 PM Dortch, William <william.dortchna davey.com> wrote:
Let's pencil it in.
William A. Dortch I Associate Consultant
Davey Resource Group, Inc.
3805 Wrightsville Avenue, Suite 15, Wilmington NC 28403
P: 910.452.0001 ext. 1921 1 M : 910.471.5012 1 F: 910.452.0020
Visit our local office page
On Fri, Mar 24, 2023 at 12:27 PM Beachman, Kelsey <kelsey.beachmanna ncdenr.gov> wrote:
Hey Andy,

What about next Wednesday at 2pm?
Thanks,
Kelsey
------------------- Original Message -------------------
From: william dortch <william.dortch(a)davey.com>;
Received: Fri Mar 24 2023 12:18:28 GMT-0400 (Eastern Daylight Time)
To: Kelsey Beachman <kelsey.beachman(a)ncdenr.gov>;
Cc: Tara MacPherson <tara.macpherson(a)ncdenr.gov>; gregory.finch(a)davey.com;
Subject: Re: [External] Re: ADDITIONAL INFORMATION REQUESTED: 3-15-2023
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email
as an attachment to Report Spam.
Greg's trying to get back on our western hemisphere time schedule. Next week will be better. thanks
William A. Dortch I Associate Consultant
Davey Resource Group, Inc.
3805 Wrightsville Avenue, Suite 15, Wilmington NC 28403
P: 910.452.0001 ext. 1921 1 M: 910.471.5012 1 F: 910.452.0020
Visit our local office pace
On Fri, Mar 24, 2023 at 11:46AM Beachman, Kelsey <[e-mail]> wrote:
Sorry, it's been a long week. I meant are you and greg available to discuss
Thank you,
Kelsey
------------------- Original Message -------------------
From: Kelsey Beachman <kelsey.beachman(a)ncdenr.gov>;
Received: Fri Mar 24 2023 11:44:46 GMT-0400 (Eastern Daylight Time)
To: william dortch <william.dortch(a)davey.com>;
Cc: Tara MacPherson <tara.macpherson(a)ncdenr.gov>; gregory.finch(a)davey.com;
Subject: RE: [External] Re: ADDITIONAL INFORMATION REQUESTED: 3-15-2023
Andy,
Tara is back in the office today, are you and andy able to discuss this project on Teams today at 2:30 pm?
Thank you,
Kelsey
------------------- Original Message -------------------
From: Kelsey Beachman <kelsey.beachman(a)ncdenr.gov>;
Received: Fri Mar 17 2023 12:13:39 GMT-0400 (Eastern Daylight Time)
To: william dortch <william.dortch(a)davey.com>;
Cc: Tara MacPherson <tara.macpherson(a)ncdenr.gov>; gregory.finch(a)davey.com;
Subject: RE: [External] Re: ADDITIONAL INFORMATION REQUESTED: 3-15-2023

Sorry Andy,
I thought I had fixed that, I was using a template add info from the last e-permit we did, so
the bulkhead and floating structure was a copy paste error. Tara will be out most of next
week, but when she gets back let's set up a meeting with all of us. I know that she wanted to
be included for that.
Thanks,
Kelsey
------------------- Original Message -------------------
From: william dortch <william.dortchPdavev.com>;
Received: Fri Mar 17 2023 12:08:26 GMT-0400 (Eastern Daylight Time)
To: Kelsey Beachman <kelsev.beachmanPncdenr.Qov>;
Cc: Tara MacPherson <tara.macphersonPncdenr.Qov>; greQorv.finchpdavev.com;
Subject: [External] Re: ADDITIONAL INFORMATION REQUESTED: 3-15-2023
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious
email as an attachment to Report Spam.
Kelsey, you are referring to the Sawmill Point / OTH Realty project correct? There is no bulkhead proposed or
relocation of a floating structure within that application.
Sure we can notify the DOT, but how does the Harnetts Landing LLC factor in? I can't see where they are a
riparian neighbor, it's all city property to the south and CFPUA to the north.
I will update the other application materials accordingly. Maybe we can catch up next week if you both have a
moment. Thanks
William A. Dortch I Associate Consultant
Davey Resource Group, Inc.
3805 Wrightsville Avenue, Suite 15, Wilmington INC 28403
P: 910.452.0001 ext. 1921 1 M: 910.471.5012 1 F: 910.452.0020
Visit our local office page
On Wed, Mar 15, 2023 at 3:07PM Beachman, Kelsey <kelsev.beachmanPncdenr.Qov> wrote:
Good afternoon,
DCM received your CAMA Major Application request for installation of a new bulkhead and the relocation of
an existing floating structure on 3-13-2023. In reviewing your application, we have discovered that additional
information is needed for a complete application. Please reply to this email once you have corrected the
application materials for the requested information.
1. Please send notifications of the proposed project by certified mail to the following:
a NC DOT - Isabel Stelling Holmes Bridge
c Harnetts Landing LLC. - 332 Military Cutoff Road

2. Please have CCC Sawmill Point Marina LLC. and Cape Fear Marina Association register in the
Dynamics system so that they can be added as co -applicants.
3. In the narrative:
c please stick with referring to either mean high-water or normal high-water consistently
a when describing the proposed project, please identify on which properties the proposed
work is occurring (eg: the fixed pier will begin at X property and terminate at X property,
etc.)
Note: Andy and Greg, Tara and I would like to further discuss the application on a Teams meeting
with you tomorrow (March 16th). Do you have availability between 1pm and 3:30pm to have a call?
Thank you,
Kelsey

ATE,
STATE OF NORTH CAROLINA
EE0
CEIV
HAY 10 2023
L4
DEPARTMENT OF TRANSPORTATION
ROY COOPER J. ERIC BOYETTE
GOVERNOR SECRETARY
May 10, 2023
Kelsey Beachman
NC Department of Environmental Quality
Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
SUBJECT: Request for comment from Adjacent Riparian Property Owner at 1701/1709 N lei Wade
Drive and 15 Cowan Street in New Hanover County
Dear Ms. Beachman,
NCDOT Comments:
No issues with this proposal of a floating dock section under the bridge that can be removed at
NCDOT request and at no cost to the department (NCDOT).
Conditions are:
-To have a timeframe of how soon it could be removed if requested. Within 7 calendar days
preferred.
-15' minimum horizontal clearance from the bridge supports shown on drawings.
-Pile locations and spacing that anchor the floating section.
If you have any questions, please contact our office at [phone] or via email
akhammersCoDncdot.gov or [e-mail].
Sincerely,
Angela Hammers, Engineering Technician III
For Benjamin T. Hughes, PE, District Engineer
NCDOT Div 3 Dist 3
Marling Address:
NC DEPARTMENT OF TRANSPORTATION
DIVISION OF HIGHWAYS
5911 OLEANDER DRIVE, SUITE 101
WILMINGTON, NC 28403
Telephone: [phone]
Customer Service. 1-877-368.4969
Website: ncdot.gov
RECEIVED
MAY 10 2023
DCM WILMINGTON, NC
Location:
5911 OLEANDER DRIVE, SUITE 101
WILMINGTON. NC 28403
04-1 t-03 COURIER

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From: Hammers, Anaela K
To: Beachman. Kelsev
Subject: FW: Re -Request for dock under Isabella Holmes Bridge at 15 Cowan St for Cape Fear Marina Assn CAMA
Adjacent Property Owner Notification Comment Requested
Date: Wednesday, May 10, 2023 12:07:23 PM
Attachments: SKM 22723050300330.odf
SKM 22723050300340.odf
Hey Kelsey,
I have a write up of comments from the NCDOT Bridge and District Sections.
I will drop off at the Cardinal Dr Ext office later this afternoon. Let me know if you would like to have
it electronically.
Thank you
Sincerely,
Angel Hammers
Engineering Technician III
NCDOT Div 3 District 3
910-398-9100 / 910-398-9119 direct
akhammersancdot.gov
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties.

From: Sally Thiaoen
To: Beachman, Kelsey
Subject: [External] Protected: City of Wilmington comments CAMA Major Permit for Sawmill Point Marina/OTH Realty LLC
Date: Friday, March 24, 2023 11:14:46 AM
Attachments: imaae001.ona
D00031723-0317202310 2602. odf
CityCouncilDec2022.ndf
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to Report Spam.
Kelsey,
I have reviewed the Application for CAMA Major Permit for Sawmill Point Marina/OTH Realty
LLC Wilmington, NC. In general, I have no comments regarding the boardwalk extension as a
private structure in this location. It might be of interest to your agency that the City of
Wilmington is currently conducting a Feasibility Study to extend the Riverwalk public amenity.
I've provided some detail below and a PDF with a conceptual sketch of the extension. We look
forward to results of the study mid -year.
Riverwalk Extension Feasibility Study
• The City is currently conducting a feasibility study to extend the Riverwalk (which ends
at the Sawmill Point Apartments) under the Isabel Holmes Bridge to the vicinity of J.E.L.
Wade Drive, off Cornelius Harnett Drive.
• The feasibility study project scope includes an extension to the Thomas & Willie Jervay
Freedom Walk, a City park that connects the Northside neighborhood to downtown.
• This will create an important connection under N. 3rd St/Martin Luther King Jr. Pkwy
opening accessibility to the Riverwalk and providing a safe pedestrian connection to the
Riverwalk and Riverfront Park.
• The Riverwalk Ext. could spur economic development activity north of the Isabel Holmes
Bridge.
• Off the Hook Yacht Sales located north of the bridge is exploring redevelopment of their
property. They generously donated $20,000 towards the Riverwalk Extension Feasibility
Study.
• Construction of the Riverwalk Extension is currently unfunded but has been submitted
to the Capital Improvement Program.
• The City Comprehensive Plan identifies this area as a 'Green Connection' and supports
this as a strategic growth area to use pedestrian walkways to enhance connectivity and
access.
Please don't hesitate to reach out if you have questions or need additional information.
Thank you for the opportunity to review.
Sally Thigpen
City of Wilmington
Community Services Assistant Director
910-765-0593

Parks & Recreation I City of Wilmington, NC (wilmingtonnc.gov)
From: Beachman, Kelsey <[e-mail]>
Sent: Friday, March 24, 2023 9:34 AM
To: Sally Thigpen <[e-mail]>
Subject: RE: [External] City of Wilmington question
Good morning Sally,
If you have comments about the project you can definitely send them via email and I will add them
to the application file.
Thank you,
Kelsey
Kelsey Beachman
Field Representative
NC Division of Coastal Management
Department of Environmental Quality
Office: [phone]
kelsey.beachmanAncdenr. oovv
127 Cardinal Drive Ext.
Wilmington, NC 28405
Find a Field Rep (arcois.com)
451DWIE W�
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
From: Sally Thigpen<Sally.Thigaen(cDwilmingtonnc.gov>
Sent: Friday, March 24, 2023 9:20 AM
To: Beachman, Kelsey <kelsey.beach man na ncdenr.gov>
Subject: [External] City of Wilmington question
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to Report Spam.
Kelsey,
I hope you are having a good Friday so far!
I've received a letter to provide comment on the Application for CAMA Major Permit for
Sawmill Point Marina/OTH Realty LLC Wilmington, NC. It says to mail my response to your

office. Is this required or can I email it to you?
Thanks,
Sally Thigpen
City of Wilmington
Community Services Assistant Director
910-765-0593
Parks & Recreation I City of Wilmington, NC (wilmingtonnc.govl
E-mail correspondence to and from this address is subject to the North Carolina Public Records Law
and may be disclosed to third parties.
E-mail correspondence to and from this address is subject to the North Carolina Public
Records Law and may be disclosed to third parties.

From:
Hammers, Anaela K
To:
Beachman. Kelsev
Cc:
Bass, Michael L; Hughes, Benjamin T
Subject:
RE: Re -Request for dock under Isabella Holmes Bridge at 15 Cowan St for Cape Fear Marina Assn CAMA Adjacent
Property Owner Notification Comment Requested
Date:
Friday, May 19, 2023 9:02:47 AM
Attachments:
imaae001.ona
Hey Kelsey,
I sent over to NCDOT Bridge and District Office for any additional comments.
NCDOT has no further comments.
Thank you,
Angel Hammers
Engineering Technician III
NICDOT Div 3 District 3
910-398-9100 / 910-398-9119 direct
akhammersancdot.gov
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Beachman, Kelsey <[e-mail]>
Sent: Thursday, May 11, 2023 3:13 PM
To: Hammers, Angela K <[e-mail]>
Subject: RE: Re -Request for dock under Isabella Holmes Bridge at 15 Cowan St for Cape Fear Marina
Assn CAMA Adjacent Property Owner Notification Comment Requested
Hey Angela,
Do you have any comments in regard to the sections that are still proposed to be fixed? I just got the
updated drawings from Greg F. with Davey (the drawings he provided you).
Thank you,
Kelsey
Kelsey Beachman
Field Representative
NC Division of Coastal Management
Department of Environmental Quality
Office: [phone]
kelsev.beachmannncdenr.eov
127 Cardinal Drive Ext.
Wilmington, NC 28405
Find a Field Rep (arcois.com)

... ,,...... D_►
Email correspondence to and from this address rs subject to the North
Carolina Public Records Law and may be disclosed to third parties.
From: Hammers, Angela K <akhammersna ncdot.gov>
Sent: Wednesday, May 10, 2023 12:07 PM
To: Beachman, Kelsey <kelsey.beach man na ncdenr.gov>
Subject: FW: Re -Request for dock under Isabella Holmes Bridge at 15 Cowan St for Cape Fear Marina
Assn CAMA Adjacent Property Owner Notification Comment Requested
Hey Kelsey,
I have a write up of comments from the NCDOT Bridge and District Sections.
I will drop off at the Cardinal Dr Ext office later this afternoon. Let me know if you would like to have
it electronically.
Thank you.
Sincerely,
Angel Hammers
Engineering Technician III
NCDOT Div 3 District 3
910-398-9100 / 910-398-9119 direct
akhammersancdot.gov
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties.

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