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HomeMy WebLinkAbout20150122 Ver 2_CAMA Application_20230901DIVISION OF COASTAL MANAGEMENT Fnviranmenra! FIELD INVESTIGATION REPORT QG<)Ilty 1. APPLICANT'S NAME: G&L Partnes LLC 2. LOCATION OF PROJECT SITE: 738 East Main Street Belhaven, North Carolina 27810 Longitude:-76.61398 Latitude: 35.53285 3. INVESTIGATION TYPE: CAMA + Dredge & Fill 4. INVESTIGATIVE PROCEDURE: Date of Visit I Purpose of Visit Applicant Present? 5. PROCESSING PROCEDURE: Application Received Application Complete I Regional Office 8/28/2023 8/30/2023 1 DCM - Washington Regional Office 6. SITE DESCRIPTION: (A) Local Land Use Plan: BEAUFORT, Beaufort County, Town of Belhaven (See Beaufort County Plan) Land Classification from LUP: Land Classification From LUPs (B) AEC(s) Involved: Estuarine and Ocean System, Coastal Shoreline, Public Trust Shoreline, Public Trust Areas (C) Water Dependent: Yes (D) Intended Use: Commercial (E) Wastewater Treatment: Existing: N/A Planned: N/A (F) Type of Structures: Existing: Boat Ramp, Boat ramp, Piers (Ocean and Estuarine) and Docking Facilities, Boat slips, Boathouse, Finger pier, Other(wetslip), Pier \"L\" head, Pier \"T\" head, Pier or dock, Shoreline Stabilization, Breakwater, Riprap, Riprap(below MHW/NHW) Planned: Marina, Marina expansion, Piers (Ocean and Estuarine) and Docking Facilities, Pier or dock, Shoreline Stabilization, Breakwater (G) Estimated Annual Rate of Erosion: Erosion Information Source: Annual Erosion Source 7. HABITAT DESCRIPTION: DREDGED (ft) FILLED (ft) OTHER (ft) A Open Water 1280 CW's above NHW C CW's below NHW Shallow Bottom 2500 High Ground Non -Coastal WL (E) Total Area Disturbed: 3780 ff (F) Primary Nursery Area: No Field Investigation Report: G&L Partnes LLC DCM Major Permit Page (G) Water Classification: SC: Aquatic Life, Secondary Contact Recreation, Tidal Salt Water; NSW: Nutrient Sensitive Waters Open to Shellfishing: Yes Field Investigation Report: G&L Parines LLC DCM Major Permit Page 12 8. PROJECT SUMMARY: Applicant proposes to repair and extend base width of existing breakwater to support larger stone; Add 12 pilings along brackwater; add 160' dock; close of existing boat ramp and add riprap. 9. NARRATIVE DESCRIPTION: Grand Manor Marina (previously permitted under River Forest Manor) is located at 738 East Main St. in Belhaven in Beaufort Co. NC. The property has 560 ± feet of shoreline on Pantego Creek. The lot is maintained lawn and parking areas. Structures include the main manor house, a separate lodging structure, marina dock house, fuel storage and pumps and an 18' wide paved boat ramp. There are 2 marina piers with a total of 31 formalized slips and additional side tie slips. Doc A is 300' with an 8'X55' T-head and (7) 3'X24' fingers. Doc B is 215' w a 10'x40' L-head and (8) 4'x14' fingers. A 55'x10' fuel doc is directly in front of the doc house and a 12'x55' deck nest to the dock house. 240 ft. of the shoreline is riprap. Previous CAMA permit 244-88 allowed for the repair and extension of the breakwater to 600' waterward and a base not to exceed 30' and height above NWL of 5'. Adjacent upstream property is a developed property with a 185' pier and riprap. Downstream adjacent property is a developed lot with a single-family residence. Pantego Creek is located in the Tar -Pam River Basin and is classified as inland waters, SC;NSW by the Environmental Management Commission. No SAV was observed during site visit. 10. PROJECT DESCRIPTION: The applicant proposes to remove the existing boat ramp and install 20' of riprap in its place and repair 140' of existing riprap. Along this shoreline the applicant proposes to construct an 8' X 160' pier at NWL connecting "A" dock with "B" dock. The applicant proposes to repair the existing 600' breakwater and extend the base from 20' average to 25' with no more than 30' and replace broken concrete area with granite. Applicant proposes to install 12 pilings along the breakwater to mark breakwater. Total proposed platform area is 4,792 fV. 11. ANTICIPATED IMPACTS: The project will create localized turbidity from piling installation and riprap and breakwater installation. Name: Kent Vaughan Date: 08-31-2023 Office: DCM - Washington Regional Office Field Investigation Report: G&L Parines LLC DCM Major Permit Page 13 Permit Application Report Application ID Application Type Submitted App Complete Deadline Decision Expiration PA-1149 DCM Major Permit 08-28-2023 08-30-2023 11-14-2023 Primary Applicant Information Applicant Type Title Business Name Name Email Business Phone Mobile Phone Business/Company G&L Partnes LLC G&L Partnes LLC glmarinas23@gmail.com (401) 222-4250 Physical Address Mailing Address Street 1 City State Zip Street 1 City State Zip 738 East Main Street Belhaven North Carolina 27810 738 East Main Street Belhaven North Carolina 27810 Registered Agent Information Agent Type Business Name Name Email Business Phone Mobile Phone fitle Individualr. Steve TrowelI stevejtrowell@gmail.com (252) 402-4015 (252) 402- 4015 Physical Address Mailing Address Street 1 City State Zip Street 1 City State Zip 1620 Hoff Road Belhaven North Carolina 27810 102 East Watson Street Windsor North Carolina 27983 Project Information Project Name Project Type Disturbed Land Area (Scl Ft/Acres) Grand Manor Marina Improvements Commercial 22430 Sq. Ft. / 0.52 Acres Is proposed project located in national registered historic district or national register listed/eligible: False List of previous state or federal permits for work on project tract: Major CAMA Permit No. 244-88 issued to Axson Smith Jr. on December 8, 1988 Major CAMA Permit No. 47-15 issued to River Forest Partners LLC on April 6, 2015 Project Location Information Address County River Basin Subdivision County Parcel ID Latitude Longitude 738 East Main Street Belhaven, North Carolina 27810 Beaufort Tar -Pamlico 7605-97-7667 35.53285 -76.61398 Project Discharges to State Waters Discharge Type Surface Runoff Sanitary Wastewater Industry/Commercial Effluent Vessel I Wash Down Residential Other Wastewater/Stormwater Discharged Into Wetland? Discharge Same Salinity as Receiving Waters Is There Any Mitigation Proposed False False False Detailed Description of the Existing Development Located on the Property Existing Man -Made Features: River Forest Manor and Marina was constructed originally in 1958. Currently there exist two docks, Dock A and B with finger piers accessing a total of 36 slips. the Manor is a victorian style mansion used currently as a wedding venue. There is a marina ships store and office as well as an apartment over the marina office. The marina has offers both diesel and non ethanol gas to boaters. There is 6 marine pumpout points on Dock A. Existing Land Uses: Property is utilized as a marina and wedding venue offering overnight accommodations. The marina is used primarily by transient boats traveling the ICW. The marina offers fueling, both diesel and non -ethanol gas. There are 6 existing pump -out stations on Dock A. The marina offers two full bathrooms and laundry services. There are 3 existing rental units in addition to the manor building. Existing Wastewater Treatment/Disposal: Town of Belhaven Sewer Solid Waste/Fish Offal/Trash Disposal: Town of Belhaven Use and Daily Operations of the Project When Complete Proposed Development Purpose: Refurbishment of the existing breakwater will serve to diffuse wave action making mooring of vessels in the spring and fall transient seasons more favorable when the wind and seas are from the east. The dingy dock will serve to attract patrons to the marina and the Town of Belhaven for boats that utilize the anchorage in Belhaven Harbor. Refurbishment of the existing riprap revetment will remove the unsightly broken concrete subject to be scattered in a storm event and replace the broken concrete with better suited granite riprap. Build ings/Facilities/U nits/Structures: Current there are two docks, Dock A and B with a total of 36 slips. There is an existing building housing the marina office, two full bathrooms and an upstairs apartment. In addition to the manor building, is a cottage housing three units for rent. There is an existing approximately 30' wide by 600' long riprap breakwater constructed out of marl. The shoreline is stabilized with a bulkhead and a broken concrete riprap revetment. Use & Daily Operations: The marina and associated slips are primarily used by transient boats traveling the nearby ICW. Construction Methodology & Equipment: A an excavator will be used to drive piling operating off the bank to drive pilings for the dingy dock as well as the broken concrete riprap removal. The riprap will be staged on the shore between Dock A and B where an excavator will place the riprap on a barge. Once loaded with riprap the barge will be pushed to the east side of the basin where an excavator supported by the barge will place the riprap. Water depths inside the basin are more than enough to support the navigation of a loaded barge without interaction with the basin bottom. The offshore end of the existing breakwater will be staked with PVC poles to deleneate the submerged existing breakwater so as to guide the excavtor operator in the riprap placement. Development Activities Narrative Specifics: Application Narrative: Enclosed is a Major CAMA permit application package submitted on behalf of G and L Partners LLC for proposed improvements to the River Forrest Manor Marina dba Grand Manor Marina located at 212 Riverview Street or 738 East Main Street in the Town of Belhaven adjacent Pantego Creek in Beaufort County, North Carolina. The project site is bordered on the northern side by East Main Street and on the western side by Riverview Street and the Beaufort County Property Record Card reports both addresses. For this application, the 738 East Main Street address will be used. The proposed improvements to Grand Manor Marina sought by this Major CAMA permit application include the proposed construction of an 8' wide by 160' long "dingy dock" that is proposed to be constructed parallel to and partially spanning the existing shoreline riprap revetment in Pantego Creek connecting Dock A to Dock B. The other development activity seeking authorization through the Major CAMA permit process is the refurbishment of an existing marl riprap breakwater situated along the eastern edge of the existing dredged basin supporting through wave attenuation the mooring of transient vessels mooring in one of the 17 slips on Dock A or 19 on Dock B. Also, the existing shoreline riprap revetment is to be re -worked to remove the excessive broken concrete that has been placed overtime. In an area approximately 210' long, the broken concrete will be removed, and the revetment will be reshaped and top dressed with better suited granite riprap. An existing concrete boat ramp adjacent slip number 1 will be removed and the existing riprap revetment extended approximately 25' to tie into an existing concrete bulkhead. Also, 12- Class B piles will be driven along the existing breakwater on the west/basin side of the structure to delineate the breakwater location as well as to protect against boat strikes from boats navigating in the basin. The purpose and need for this proposed dock is to facilitate the temporary mooring of ancillary vessels "dingys" launching from the transient vessels anchoring in inside Belhaven Harbor. The undeveloped/southern side of Pantego Creek inside the federal harbor project, this area has and continues to be utilized as an anchorage by boats traveling the Intracoastal Waterway (ICW). There is limited access to dingy dockage to service the vessels. Belhaven Harbor is a Federal Navigation project constructed in 1938 by the Wilmington District United States Army Corps of Engineers Civil Works Navigation Branch (USACE) and consists of a dredged channel with dimensions of 100' wide x -12' deep, excavated and marked from the Atlantic Intracoastal Waterway (ICW), located 1.2 nautical miles from the project site, to a turning basin located approximately 800' east of the HWY 99 bridge over Pantego Creek. Also, there is two timber breakwaters positioned at the confluence of Pantego Creek and the Pungo River for the purpose of attenuating wave action inside Belhaven Harbor. Grand Manor Marina has a marked dredged channel from the Federal channel with dimensions of approximately 100' wide x 1,300' long and maintains a depth of 10' or greater to the dredged basing housing the marina. Attachment no. 1 to this application package documents/describes efforts to improve this Federal Navigation project namely the breakwater and efforts to improve it's wave attenuation performance and resultant protection of Belhaven Harbor. In 2006 the USACE funded a feasibility study to explore the construction of a estuarine reef on the harbor side of the existing timber breakwater with the Town of Belhaven as the sponsor. The primary purpose of the reef would be to better attenuate wave energy making it through the existing breakwater and at the same time providing structural fishery habitat. Subsequently in 2007 the USACE continued to fund the feasibility study and included a cost share component between the USACE and the Town of Belhaven. Considering the lack of funding to maintain other more heavily used Federal navigation projects it is assumed that lack off available funds is why this proposed improvement lost momentum. Relatively recent in 2011 the timber breakwater structure was replaced "in kind" utilizing Federal funding provided by the USACE. The existing breakwater structure was replaced and raised in height to 5' above sea level an additional 18" above what existed prior to 2011. The wooden breakwater structure extends approximately 2 feet below the NWL and 3' above. Past State and Federal permit history of the River Forrest Manor include Major CAMA permit no. 244-88 issued on December 8, 1988. This Major CAMA permit authorized in part the enlargement of the existing riprap breakwater to a final dimension of 30' wide x 600' long with a finished height of 5' above the normal water level (NWL). Attachment no. 2 is Major CAMA Permit no. 244-88 and the NC Division of Coastal Management (DCM) Field and Bio report that describes the project site and proposed development activities proposed in the 244-88 application package. Permit condition number 3 documents the permitted base width of 30'. The Bio report describes the existing and proposed final breakwater dimensions. The existing riprap breakwater has an existing length of approximately 600" based off an August 7, 2023, onsite investigation and the application package as part of Major CAMA Permit No. 244-88. The base width ranges from 20' to 25' wide but the toe of the structure was buried in areas by sand. The offshore end of the breakwater had washed down and is scattered across the bottom. The bottom was sandy and there was no submerged aquatic vegetation observed. Also, there was no opportunistic attachment of oysters to the structure. The existing breakwater is constructed of marl. Water depths along the breakwater structure range from 3' nearshore to -3.8' near the terminus of the structure. The breakwater is emergent 1' above the NWL for the first 300' then is submergent for the last ±300' from -6" to -1.5' below the NWL. The loss in height is likely due to settling over time resultant of the stronger wave energy offshore. Belhaven Harbor is subjected to wind borne tides that rise with winds from a North and Easterly directions. These wind directions also have the greatest fetch generating the strongest wave action to the project site. Although, the Federal timber breakwater does serve to lessen the wave energy in Belhaven Harbor, wave energy is still passes through the structure necessitating the need to further diffuse the energy to facilitate the mooring of transient vessels at Grand Manor Marina. The spring and fall transient boat season are timed up with the wind shifts to the east reducing the number of days when climatic conditions are conducive to mooring transient vessels at Grand Manor Marina. Rising wind tides coincide with strongest wave action a product of wind direction and fetch. The applicant proposes to refurbish the existing breakwater by adding additional class II and class B granite riprap working within the previously authorized 30' wide x 600' long footprint raising the finished height of the breakwater to +3' above the NWL. The side slopes of the breakwater will be 2':1' and the width of the crest will be between 3' to 6' wide above the NWL. This height was chosen to account for normal seasonal high wind tide events coupled with the stronger wave energy. Granite was chosen over the continued use of marl because granite is denser and heavier reducing the potential to be relocated and scattered in a severe storm event. The granite will be stock piled on the bank between Dock A and B. An excavator will move the riprap from the stock pile to a barge in the basin. Once loaded the barge will be pushed to the to the east side of the basin for placement on the breakwater. The applicant also proposes to drive 12-Class B timber piles along the existing "basin/west side" of the existing breakwater for the purpose of delineating the structure for vessels navigating in the east side of the existing dredged basin and to fend vessels off the riprap should a vessel lose power or steering. The existing marl breakwater is located within the riparian area of the adjacent parcel to the East of the Grand Manor Marina property. The adjacent parcel is developed as a single-family residence and is privately owned by Mr. Axson Smith Jr., a former owner of the River Forrest Manor and Marina. This parcel was subdivided out of the adjacent commercial property when Mr. Smith sold the commercial property in 2014. The purpose of the subdivision was to allow Mr. Smith to reside on the property and to continue living there. A "Cross Access and Maintenance" easement was drafted, signed and recorded in October 2014 which allowed Mr. Smith vehicular ingress and egress across the commercial property for access to the residence. As part of this easement, Mr. Smith granted a permanent maintenance easement for the breakwater in his riparian area (see Attachment no. 3) Per the latest guidance from the Division of Water Resources I have submitted the electronic meeting request on July 20, 2023 for this project in regards to obtaining the 401Water Quality Certification and have included the email documentation in this application package. I certify that all information contained in this application package is true, accurate and complete to the best of my knowledge and belief. I hereby request that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. Steve Trowel (252) 402-4015 Boat Ramp Development Activity Included: False Shoreline Stabilization Development Activity Included: True Has There Been Erosion in the Preceding 12 Months Amount of Erosion (Feet Within the Past 12 Months) False Source of Erosion Amount Information Shoreline Stabilization Type of Stabilization Describe "Other" Stabilization Rip Rap/Revetment Type of Stabilization Material Describe "Other" Stabilization Material Granite Length Width Avg Distance Waterward of NWH/NWL Max Distance Waterward of NHW/NWL 25 15 10 10 Sq Ft of Fill to be Placed Below Water Level Type of Fill Material 1 Source of Fill Material 1 250 Quarry How Will Fill Material be Kept on Site and Erosion Controlled Earthen fill will be sloped, graded and seeded. Will Wetlands be Crossed in Transporting Equipment to Project Site Explain Steps Taken to Avoid/Minimize Environmental Impact False Living Shoreline Development Activity Included: False Piers & Docking Facilities Development Activity Included: True Docking Facilities Details Facility Use # of Tie Pilings Existing Slips New Slips Commercial 0 36 0 Piers & Docking Facility Structures Structure Type Length Width Quantity Fixed Piers 160 8.00 1 Freestanding Moorings & Buoys Associated With This Docking Facility Structures Consistent With Water Use Plan Existing Freestanding Moorings & Buoys Slips New Freestanding Moorings & Buoys Slips False Buoy Details: Moorings & Buoys Details Mooring or Buoy Distance From Shoreline I Arc of Swing Water Depth Excavation Development Activity Included: False Bridges & Culverts Development Activity Included: False Oceanfront Erosion Control Development Activity Included: False Temporary Structures Development Activity Included: False Utility Crossings Development Activity Included: False Freestanding Moorings, Buoys & Bird Nesting Poles Development Activity Included: False Log Removal/Marine Debris Development Activity Included: Yes/No Navigational Aids Development Activity Included: False Other Fill Below Water Level Development Activity Included: True Other Fill Below Water Level For Utility Crossing Will Fill Material be Placed in Any Of The Following Areas Area Sq. Ft. Affected Purpose of Fill in This Area Coastal Wetland/Marsh (CW) Submerged Aquatic Vegetation (SAV) Shell Bottom (SB) Other Non -Coastal Wetlands (WL) Open Water (OW) How Will Fill Material be Kept on Site and Erosion Controlled Wetlands Crossed Transporting Equipment to Project Site Steps Taken to Avoid/Minimize Environmental Impact False Other Fill Dimensions Length Width Type of Fill "Other" Fill Type Describe Purpose of Fill 600 30 Granite Refurbish existing riprap breakwater located on east side of dredged basin. Stormwater Structures Development Activity Included: False "Upland Development" Development Activity Included: False Energy Facilities Development Activity Included: False Aquaculture Development Activity Included: False Submerged Lands Mining Development Activity Included: False General Development Activity Details Required General Development Activity Questions These questions are applicable if 1 of the following development activities are included in the project (Boat Ramps, Freestanding Moorings, Buoys & Bird Nesting Poles, Piers & Docking Facilities, Temporary Structures, Living Shorelines, Shoreline Stabilization Submerged Lands Mining) Boat Type(s) Typical Boat Length Other Boat Type (Describe) Open runabout 12 Adj Riparian Property Line #1 (Proximity of Structure Nearest to Property Line) Adj Riparian Property Line #2 (Proximity of Structure Nearest to Property Line) Adj Riparian Property Line #3 (Proximity of Structure Nearest to Property Line) 100 180 Width of Water Body Water Depth @ Waterward End of Structure (NLW or NWL) Water Depth @ Most Landward Boat Slip (NLW or NWL) Water Depth @ Most Waterward Boat Slip (NLW or NWL) 3560 4 4 4 Navigational Aids Required Number of Buoys Number of Day Markers Min Distance of Each Aid Placed Beyond Shoreline Max Distance of Each Aid Placed Beyond Shoreline False Marina Development Activity Details Required Marina Details These questions are applicable if there are a combined number of slips of 10 or more across all development activities Repair or Maintenance Travel Lift Fuel & Marine Dry Storage (# of Boats) Lease of Slips Other Services Services and/or Rail Supplies False False True True False Detailed Plan - Location of Repair/Maintenance Services & Efforts to Contain Debris/Runoff From Entering Adjacent Wetlands/Water Bodies Provide a Detailed Plan of the Location of Fuel Handling Facilities & Describe Safety Measures Planned to Protect Water Quality Fueling of boats is limited to Dock A with two diesel pumps dispensers. There is a non ethanol dispenser to fuel smaller vessels in slip no. 1. There is a designated employee who oversees and monitor fueling events. The employee is trained to know where the fuel spill response materials (absorbent socks, pillows, and pads as well as a floating containment boom) are located and how to use them. A dock box will be mounted on Dock A" near the fueling slips. There is an ABC all-purpose fire extinguisher mounted on a piling on fuel pier. The fuel nozzles have a back pressure shutoff and the latch open device will be removed. The marina has a "no topping off' policy and will stop the fuel delivery when the vessel's fuel tank has reached 95% capacity. Also, there is an emergency shutoff valve on or adjacent to Dock "A". All fueling events are documented and the amount dispensed recorded. Other Services (Detailed Description) Dock A has 6 existing locations plumbed to facilitate the pumping of waste water from vessels holding tanks. The pump out is plumbed to the Town of Belhaven sewer system. Industrial Pollutants Being Used (Paint, Sandblasting Waste, Industrial Pollutants Management Plan Petroleum Products, Vessel Maintenance Operations) False # of Toilets # of Showers Location of Toilets 2 2 Marina Office Building Boat Holding Existing Proposed Pumpouts—Location of Each Pumpouts—Type of Each Tank Pumpouts Pumpouts Pumpouts False 6 0 Dock A How Will Overboard Discharge of Number of Channel Marker Provide Details to the Type of Signage and Location of the Signs Sewage From Boats be Controlled or No Wake Signs Proposed A''No Discharge'' policy is enforced at the marina. Marina Safety Policy on Marina Located Within or Close Shellfish Lease Shellfish Leasholder(s) Name & Address Overnight & Live Aboard Storage Proximity to Shellfish Lease Proximity to Marina There is a ''no live aboard'' policy False at the marina. FOR REGISTRATION REGISTER OF DEEDS Carolyn L. Garris Beaufort County, NC May 16, 2023 09 ; 53 ; 52 AM Book 2130 Page 423-426 FEE: $26.00 NC REVENUE STAMP; $5,350.00 INSTRUMENT # 2023002326 FE, UFORT COU ETY ,L,.,:'ND RECORDS ROUTING FORM � UV 21 _ ►1 5-I(p -Z5 Land Pw� o�dn Official Date OK 21331'G423 INSTRUMEN 1 20 N2326 NORTH CAROLINA SPECIAL WARRANTY DEED Excise Tax: $5,350.00 Delinquent taxes, if any, to be paid by the closing attorney to the county tax collector upon disbursement of closing proceeds. Parcel Identification No.: 7605-97-7667 Return to: Grantee This instrument was prepared by: Weatherspoon & Voltz LLP (without benefit of title examination) Brief description for the Index: 738 E. Main Street, Belhaven, NC THIS DEED is made this 111' day of May, 2023, by and between: GRANTOR RIVER FOREST PARTNERS, LLC, a North Carolina limited liability company 1004 Wake Forest Road Raleigh, NC 27604 GRANTEE G & L PARTNERS, LLC, a North Carolina limited liability company 73 8 E. Main Street Belhaven, NC 27810 The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as 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 that certain lot or parcel of land situated in the Town of Belhaven, Beaufort County, North Carolina and being described as follows: Set forth in Exhibit A attached hereto and incorporated herein by reference. The property hereinabove described was acquired by Grantor by instrument recorded in Book 1856, Page 864, Beaufort County Registry. A map showing the above -described property is recorded in Plat Cabinet I, Slide 23-6, Beaufort County Registry. B 2I 38PG424 TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor hereby warrants that Grantor has done nothing to impair such title as Grantor received, and Grantor will forever warrant and defend the title against the lawful claims of all persons claiming by, under or through Grantor, other than the following: See Exhibit B attached hereto and incorporated herein by reference. All or a portion of the property herein conveyed ❑ includes or ® does not include the primary residence of Grantor. IN WITNESS WHEREOF, the Grantor has caused this instrument to be duly executed as of the day and year first above written. RIVER FOREST PARTNERS LLC, a North Carolin ited liab'ity omp ny By. C. Brantley Willman, Jr., Manager STATE OF NORTH CAROLINA COUNTY OF WAKE I certify that the following person(s) personally appeared before me this day, acknowledging to me that he or she signed the foregoing document for the purpose stated therein and in the capacity indicated: C. Brantley Tillman, Jr. Date: t� [ �L 2023 My commission expires: [Official seal]�ti g PO 00 '• C®Uia�, 2 Notary Public pp jjj I I c cv'► Printed Name 6 21331OG 25 Exhibit A All that certain tract or parcel of land lying and being situate in the Town of Belhaven, Beaufort County, North Carolina and being more particularly described as follows: Being all of the 4.34 acres, more or less, as shown on that map of survey entitled "Final Plat for River Forest Partners, LLU, prepared by Gaskins Land Surveying, P.A., dated May 6, 2013 and recorded in Plat Cabinet I, Slide 23-6, Beaufort County Registry, reference to which is made for a more complete description. 3 Exhibit B 1. Taxes and assessments for the year 2023, and subsequent years, which are not yet due and payable. 2. Easements, setback lines and any other matters shown on plats recorded in Map Book 21, Page 6; and Plat Cabinet I, Slide 23-6, Beaufort County Registry. 3: Notice of Residual Petroleum recorded in Book 1855, Page 639, and in that Affidavit of Correction filed in Book .1856, Page 510, Beaufort County Registry. 4. Cross Access and Maintenance Agreement recorded in Book 1856, Page 871, Beaufort County Registry. 5. Deed for Highway Right of Way to the Department of Transportation recorded in Book 849, Page 46, Beaufort County Registry. 6. Rights of the State of North Carolina to (i) lands lying below the mean high water mark; (ii) lands that have been created by artificial means; and (iii) riparian rights. 7. Rights of the federal government to control navigable waters, and public rights of access to any navigable waters. �, / 4 C'1"'i4 �-�17Gr'yil ru �o -El August 18, 2023 Irr- 0 m Certified Mail — Return Receipt Requested o Mr. Wayne Daniel Funderburke o 7110 Moresham Way m Wake Forest, North Carolina 27587 M 0 Dear Mr. Funderburke: � Postal CERTIFIED o RECEIPT Domestic Mail Only IBM ffl- r:. Certified Mail Fee �r' $ rf9� v tF# C Extra Services & Fees (check box,yyy ❑ F fee as Return Receipt hrdcopY) ❑ Return Receipt (electronic) $,,,� R Po mark Certified Mail Restricted Delivery $ure 2U23 Here* ❑ Adult Signature Required $ ❑ Adult Signature Restricted Delive $ Postage S Ca Total Postage and Fees � $ co Sent -------- --- --- St ---mod - — - � -- -- -- i�6 ®- -- - ;ry �te, r` Enclosed is a Major CAMA permit application for proposed improvements to the River Forest Manor Marina dba Grand Manor Marina owned by G and L Partners LLC located at 738 East Main Street adjacent your residence in the Town of Belhaven, Beaufort County, North Carolina. The proposed improvements include maintenance of the existing riprap breakwater, existing riprap revetment and construct an 8' x 160' dingy dock (Dock C) connecting Dock A to Dock B. Also, the existing boat ramp will be removed, and the riprap revetment will be extended 25' to the existing concrete bulkhead next to slip no. 1. The specifics of the proposed work are in the enclosed application forms and drawings. The specifics of the proposed work are in the enclosed application forms and drawings. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development to give you the opportunity to comment on the project as part of a prescribed environmental permit process administered by the NC Division of Coastal Management (NCDCM). Please review the attached permit application and drawings. Should you have any objections or comments concerning this proposal, please send your written comments to Mr. Kelly Spivey, DCM District Manager, Washington Regional Office, 943 Washington Square Mall, Washington, NC 27889, within 30 days of your receipt of this notice. Such comments will be considered by the Department in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at (252) 402-4015. Si �eI r Steve J. Trow Enclosures ro m m August 18, 2023 r- Certified Mail — Return Receipt Requested o William Axson Smith, Jr. Ln Post Office Box 295 0 Belhaven, North Carolina 27810 a ru O Dear Mr. Smith: `` Postal CERTIFIED o RECEIPT Domestic For delivery information, visit our website at www.L--Fps.com-. r Certified Mail Fee OGJ CD a9 $ Extra Services & Fees (check box, add tee a .s�. ❑ Return Receipt (hardcopy) S — IA ❑ Return Receipt (electronic) $ —_ r Postmark ❑ Certified Mail Restricted Delivery $ ❑ Adult Signature Required $ _ 1 LULJ ❑ Adult Signature Restricted Delivery S Postage _ $ r-n Total Postage and Fees :. $ ra Sent cpsip -- - - Stree n `V o. r (BlozJs o.—— eti/+ Ci S--- --- --------�I-----`--lJ ----- -------------------- 1—c i r i , -/ Enclosed is a Major CAMA permit application for proposed improvements to the River Forest Manor Marina dba Grand Manor Marina owned by G and L Partners LLC located at 738 East Main Street adjacent your residence in the Town of Belhaven, Beaufort County, North Carolina. The proposed improvements include maintenance of the existing riprap breakwater, existing riprap revetment and construct an 8' x 160' dingy dock (Dock C) connecting Dock A to Dock B. Also, the existing boat ramp will be removed, and the riprap revetment will be extended 25' to the existing concrete bulkhead next to slip no. 1. The specifics of the proposed work are in the enclosed application forms and drawings. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development to give you the opportunity to comment on the project as part of a prescribed environmental permit process administered by the NC Division of Coastal Management (NCDCM). Please review the attached permit application and drawings. Should you have any objections or comments concerning this proposal, please send your written comments to Mr. Kelly Spivey, DCM District Manager, Washington Regional Office, 943 Washington Square Mall, Washington, NC 27889, within 30 days of your receipt of this notice. Such comments will be considered by the Department in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at (252) 402-4015. PJ.Trowel , �, Ste Enclosures Er .. rn -- r,.l August .n 'n Certified Mail Fee Extra Services & Fees (check box, add a _ P $ Certified Mail — Return Receipt Requested o Retum Receipt (hardcoPY) ❑ Return Receipt(electronic) $ Q Certified Mail Restricted Delivery Mr. Julian P. Goff r Adult Signature Required Adult Signature Restricted Delivery$ 3 Post Office Box 10 C] Ln postage ca Belhaven, North Carolina 27810 0 Total Postage and Fees —9 /] Dear Mr. Goff: ru 0 r- F" NC TAU 20 me`�`t W Enclosed is a Major CAMA permit application L_ Yovements to the River Forest Manor Marina dba Grand Manor Marina owned by G and L Partners LLC located at 738 East Main Street adjacent your residence in the Town of Belhaven, Beaufort County, North Carolina. The proposed improvements include maintenance of the existing riprap breakwater, existing riprap revetment and construct an 8' x 160' dingy dock (Dock C) connecting Dock A to Dock B. Also, the existing boat ramp will be removed, and the riprap revetment will be extended 25' to the existing concrete bulkhead next to slip no. 1. The specifics of the proposed work are in the enclosed application forms and drawings. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development to give you the opportunity to comment on the project as part of a prescribed environmental permit process administered by the NC Division of Coastal Management (NCDCM). Please review the attached permit application and drawings. Should you have any objections or comments concerning this proposal, please send your written comments to Mr. Kelly Spivey, DCM District Manager, Washington Regional Office, 943 Washington Square Mall, Washington, NC 27889, within 30 days of your receipt of this notice. Such comments will be considered by the Department in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at (252) 402-4015. OJ. SitStowel Enclosures 7/20/23, 5:34AM Gmail - 401/Buffer Pre -filing Meeting Request MGmail Steve Trowell <stevejtrowell@gmail.com> 401/Buffer Pre -filing Meeting Request 1 message Steve Trowell <stevejtrowell@gmail.com> To: "401 PreFile@deq.nc.gov" <401 PreFile@deq.nc.gov> Please fill out the following information: Project Name: Grand Manor Marina Belhaven County: Beaufort County Applicant Name: Larry and Gina Holcomb Applicant Email: glmarinas23@gmail.com Thu, Jul 20, 2023 at 5:34 AM **Please note that multiple projects may be submitted within the same email by supplying all the above information for each project. ***In the event your email is not allowing auto -responses, please save a copy of your sent email for your records and if necessary use that copy in application/form submittal. Sent from for Windows https://mail.google.com/mail/u/0/?ik=bl 80975279&view=pt&search=all&permthid=thread-f:1771931585559378659&simpl=msg-f:1771931585559378659 1 /1 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director Washington Daily News P.O Box Washington NC 27889 NORTH CAROLINA Environmental Quality September 1, 2023 Attention: Legal Advertising Department Please include the enclosed Notice of Filing in the Public Notice section of the 6 September 2023 edition of your newspaper. If it will not be possible to include this notice in that edition, or if you should have any questions about this notice, please call me as soon as possible at 948-3820. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to: Thank you. Sincerely, Tabitha Fulford, Administrative Assistant II Division of Environmental Quality Division of Coastal Management ATTACHMENT Cc: File E Q�� North Carolina Department of Environmental Quality I Division of Coastal Management Washington Office 1 943 Washington Square Mall I Washington, North Carolina 27889 NORTH CAROLINA _ oro..ofmm e��mmeaiouar� /� 252.946.6481 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by N.C.G.S. 113A-119(b) that an application for a development permit in an Area of Environmental Concern as designated under the Coastal Area Management Act (LAMA) was received on 30 August 2023. According to the said application submitted by Grand Manor Marina Improvements. Applicant proposes to repair and extend base width of existing breakwater to support larger stone; Add 12 pilings along breakwater; add 160' dock; close of existing boat ramp and add riprap. A copy of the entire application may be examined or copied at the office of Kelly Spivey, District Manager, Washington Regional Office, 943 Washington Square Mall, Washington, NC, during normal business hours. Public comments received by 27 September 2023 will be considered. Later comments will be accepted and considered up to the time of permit decision. Project modifications may occur based on further review and comments. Notice of the permit decision in this matter will be provided upon written request. Kelly Spivey Washington District Manager NC Division of Coastal Management 943 Washington Square Mall Washington, North Carolina 27889 (252) 948-3851 Please publish on: 6 September 2023 D J G CCR oa i (7) �co Q w v 3 00 cr ti i M CL o1 c v L Q� 0 m Z -:�E _ _ 20 N �� R y Im LLoU = N w 13 LL rIL p i � 0 Ir 1 ■ n (4 bibO0) 1: � to E ._ _ a ti wIL N _ ,y i C) _ X 0 �- I � Q �' t� 0 CO LU � _1. O N � Z `� ui °z L v M r>� R > va a) C Q ILW R 0 � J � s J 1 M d � v ti m Q ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Ad ssed to: 11111111111 IN II III I I I II III 9590 9402 6849 1060 6749 80 9 Artirta Number (Transfer from service label) 21 0950 0001 9756 3386 PS Form 3811, July 2020 PSN 7530-02-000-9053 1.' ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: II I'lll'I III I'I I II I III II I I I'll ll II II II II' I III 9590 9402 6849 1060 6749 73 2. Article Number (Transfer from service label 21 0950 0001 9756 3393 PS Form 3811, July 2020 PSN 7530-02-000-9053 A. Signature X 7 ❑ Agel ❑Adddd B. Received by (Printed Name) C. Date of D D. ICI v§ erent from item 1? ❑ Yes f,Yf%, enter iQyy dress below: ❑ No do AUG 21 �023CIO 3. 5 ICe type ❑ Priority Mail Expn Adult 'nature ❑ Registered MaiIrN ❑ dult S'g ed Deli ry ❑ �ec{fyfa;K� ❑ Registered Mail R Delivery ❑ Certi i II F�iestri elivery ❑ Signature Confim ❑ Collect on Delivery ❑ Signature Confim ❑ Collect on Delivery Restricted Delivery Restricted Deliver ❑ Insured Mail ❑ Insured Mail Restricted Delivery Domestic Return R A S' atu; X / ❑ Agei Zl/ ❑ Add B. R i ted Name C. Date of D PVEN NC2> I elivery adds�Iive�! r t from item l? ❑ Yes f YES;:ta!nt�r di ss below: ❑ No CP AUG 2 2 2023 3. elvi 6 ❑ Priority Mail Expire ❑ Ad ❑ Registered Mall- [] Adult Sig cted Delivery El Certified Mall® ❑ RDeplst Mail R e( ❑ Certified Mall Restricted Delivery ❑ Signature Confirm ❑ Collect on Delivery ❑ Signature Confirm ❑ Collect on Delivery Restricted Delivery Restricted Deliver ❑ Insured Mail ❑ lmwfed Mail Restricted Delivery (over m) Domestic Return Rr Attachment No. 1 Us Army Corps of Engineers VOmingtan District • Sponsor: Town of Belhaven • Name of project to be modified: Belhaven Harbor, NC (breakwater constructed in 1938) • 100% Federally funded preliminary feasibility phase ($100,000) initiated in August 2006 • Feasibility cost sharing agreement executed in May 2008 • Existing breakwater structure was replaced in -kind using Operation and Maintenance emergency supplemental funds. This was completed in May 2011 Belhaven Harbor Environmental Improvements, Belhaven, NC (Project Modifications for Improvement to the Environment) (CAP Section 1135) CONGRESSIONAL DISTRICT: NC 3 DATE: 8 April 2013 1. AUTHORIZATION: Section 1135 of the Water Resources Development Act of 1986, as amended. 2. STUDY AREA: Belhaven Harbor is located on Pantego Creek, a tributary of the Pungo River in Beaufort County, North Carolina, about 140 miles east of Raleigh. The original project was specifically authorized on June 20, 1938 (HD 693/75/3) and consists of two separate timber breakwaters at the mouth of Pantego Creek and a channel 12 feet deep, 100 feet wide, from Pungo River to a point about 800 feet east of the highway bridge, with a basin, 300 feet wide, 800 feet long, at the upper end. This structure was replaced in -kind using Operation and Maintenance emergency supplemental funds in May 2011. 3. IMPROVEMENTS DESIRED: The proposed modification will add a submerged reef in the lee (harbor side) of each breakwater. The structure would serve to improve the estuarine habitat and would also improve the sheltering of the harbor from waves. Page 1 POC: Jonathan Bingham (910) 251-4258 Attachment No. 1 PROJECT INFORMATION — Belhaven Harbor Environmental Improvements, Belhaven, NC, (CAP Section 1135) — Continued 4. COST ESTIMATE: $ 434,000 (Feasibility phase $267,000 Federal, $167,000 non -Federal) 2,726,000 (Design & implementation phase 75% Federal, 25% non -Federal) $3,160,000 5. FEDERAL FUNDING ALLOCATION THRU FY 2012: Total of $309,000 which includes $267,000 feasibility funds and $42,000 in design and implementation funds. 6. FY 2013 ALLOCATION: $0. Carry -in funds are being used to complete the feasibility phase. 7. FY 2014 OPl1MUM AMOUNT: $2,000,000. Funds could be used to fully fund construction of environmental features. 8. KEY DATES: September 2013 Approval of feasibility phase January 2014 Execution of project partnership agreement/ begin design May 2014 Completion of design September 2014 Award construction contract Note: Completion dates subject to the availability of funds. 9. STATUS: Agency Technical Review (ATR) began in February 2013. A preliminary restoration plan was approved in August 2004. Funds in the amount of $100,000 were received for initiation of the feasibility phase in August 2006 at full Federal expense. Additional funds in the amount of $130,000 were received in FY 2007 to execute the feasibility cost sharing agreement and continue the feasibility phase. 10. OTHER INFORMATION: The breakwater structure provides fish attraction but no significant fish habitat or food production. The proposed project provides ecosystem improvements by providing structural fish habitat. Broad support among state and Federal resource agencies exists for improving aquatic habitat diversity. The North Carolina Division of Water Resources has indicated an interest in pursuing improvements to the Belhaven Harbor project. The U.S. Fish and Wildlife Service has expressed support for the proposed project. Emergency supplemental Operation and Maintenance funds were received in FY 2009 to replace the storm -damaged breakwater which was in critical condition. The in -kind replacement was completed in May 2011. Page 2 Attachment No. 1 Us Army Corps of Engineers VOmingtan District • Sponsor: Town of Belhaven • Name of project to be modified: Belhaven Harbor, NC (breakwater constructed in 1938) • 100% Federally funded preliminary feasibility phase ($100,000) initiated in August 2006 • Feasibility cost sharing agreement executed in May 2008 • Existing breakwater structure was replaced in -kind using Operation and Maintenance emergency supplemental funds. This was completed in May 2011 Belhaven Harbor Environmental Improvements, Belhaven, NC (Project Modifications for Improvement to the Environment) (CAP Section 1135) CONGRESSIONAL DISTRICT: NC 3 DATE: 8 April 2013 1. AUTHORIZATION: Section 1135 of the Water Resources Development Act of 1986, as amended. 2. STUDY AREA: Belhaven Harbor is located on Pantego Creek, a tributary of the Pungo River in Beaufort County, North Carolina, about 140 miles east of Raleigh. The original project was specifically authorized on June 20, 1938 (HD 693/75/3) and consists of two separate timber breakwaters at the mouth of Pantego Creek and a channel 12 feet deep, 100 feet wide, from Pungo River to a point about 800 feet east of the highway bridge, with a basin, 300 feet wide, 800 feet long, at the upper end. This structure was replaced in -kind using Operation and Maintenance emergency supplemental funds in May 2011. 3. IMPROVEMENTS DESIRED: The proposed modification will add a submerged reef in the lee (harbor side) of each breakwater. The structure would serve to improve the estuarine habitat and would also improve the sheltering of the harbor from waves. Page 1 POC: Jonathan Bingham (910) 251-4258 Attachment No. 1 PROJECT INFORMATION — Belhaven Harbor Environmental Improvements, Belhaven, NC, (CAP Section 1135) — Continued 4. COST ESTIMATE: $ 434,000 (Feasibility phase $267,000 Federal, $167,000 non -Federal) 2,726,000 (Design & implementation phase 75% Federal, 25% non -Federal) $3,160,000 5. FEDERAL FUNDING ALLOCATION THRU FY 2012: Total of $309,000 which includes $267,000 feasibility funds and $42,000 in design and implementation funds. 6. FY 2013 ALLOCATION: $0. Carry -in funds are being used to complete the feasibility phase. 7. FY 2014 OPl1MUM AMOUNT: $2,000,000. Funds could be used to fully fund construction of environmental features. 8. KEY DATES: September 2013 Approval of feasibility phase January 2014 Execution of project partnership agreement/ begin design May 2014 Completion of design September 2014 Award construction contract Note: Completion dates subject to the availability of funds. 9. STATUS: Agency Technical Review (ATR) began in February 2013. A preliminary restoration plan was approved in August 2004. Funds in the amount of $100,000 were received for initiation of the feasibility phase in August 2006 at full Federal expense. Additional funds in the amount of $130,000 were received in FY 2007 to execute the feasibility cost sharing agreement and continue the feasibility phase. 10. OTHER INFORMATION: The breakwater structure provides fish attraction but no significant fish habitat or food production. The proposed project provides ecosystem improvements by providing structural fish habitat. Broad support among state and Federal resource agencies exists for improving aquatic habitat diversity. The North Carolina Division of Water Resources has indicated an interest in pursuing improvements to the Belhaven Harbor project. The U.S. Fish and Wildlife Service has expressed support for the proposed project. Emergency supplemental Operation and Maintenance funds were received in FY 2009 to replace the storm -damaged breakwater which was in critical condition. The in -kind replacement was completed in May 2011. Page 2 Attachment No. 2 Permit Class Permit Number NEW STATE OF NORTH CAROLINA 244-88 Department ❑f Natural R�i� .Comm unity Development ��..��Y ZO 7 Coastal,•Ke�Sau& Won fo l �, 10 Major De}vel4m I nt in NCand `cif, ironmental Concerti 13 auant to U'�T3 3 �4 Excavatioiz andjor:fillingpLit suariit�to NCGS 113-229 issued to River Forest Manor, 608 E . Main Street, Belhaven, NC 27810 authorizing development in Beaufort County at _Pantego Creek at Belhaven as requested in the pennittee's application dated _ 7 /22/88 1 nc l udi ng _ attached plats, 2, "Corrected" 7/30/88. This permit, issued on j T� is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may subject permittee to a fine, imprisonment or civil action; or may cause the permit to be null and void. New Construction and Basin Maintenance (1) This permit authorizes jetty extension and rebuilding as described in the application, new pier and "work platform" construction and maintenance of the existing basin, not to exceed eight (8) feet below normal water level. Inasmuch as plats were not submitted, access channel maintenance is expressly prohibited. (2) The riprap material roust be free from loose dirt or any other pollutant in other than trace quantities. (3) The base of the section of breakwater which is to be rebuilt and the base of the new extension of breakwater will not exceed 30' in width at any point. (4) All excavated materials will be confined landward of the normal water elevation contour within adequate dikes or other retaining structures to prevent (See attached sheet for Additional Conditions This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may be. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Departmental approval. All work must cease when the permit expires on December 31. 1991 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DNRCD and the Chairman of the Coastal Resources Commission. David W. Owens, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Attachment No. 2 River Forest Manor ADDITIONAL CONDITIONS Permit #244-88 Page ? of 2 spillover of solids into any vegetated wetlands or surrounding waters. (5) The terminal end of the pipeline from the dredge into the diked retention area will be positioned at or greater than 50 feet from any part of the dike and a maximum distance from spillways to prevent dike erosion and to allow adequate settlement of suspended solids. (5) A water control structure will be installed at the intake end of the effluent pipe leading from the retention area in order t❑ ensure maximum settlement of suspended solids. (7) Flow from the diked retention area will be confined by pipe, trough, or similar device t❑ a point at or below the normal water elevation contour to prevent gully erosion and siltation. (8) No excavated or fill materials will be placed at any time in any vegetated wetlands or waters. (9) The temporary placement or doable handling of excavated or fill materials within waters or vegetated wetlands is not authorized. (10) The activity will be conducted in such a manner as to prevent significant increase in turbidity outside the area of construction or construction -related discharge (increases such that the turbidity in the strewn is 25 NTUs or - less are not considered significant). (11i The exterior slopes of the disposal area dikes be at an angle no steeper, than 1 112 h : 1 v. (12) Appropriate erosion and sedimentation control devices, measures. o- structures be used to prevent sediment from entering the adjacent wetlands/watercourses/ property (e.g., silt fence, diversion swaleslberms, sand fence, etc.). (13) A ground cover sufficient to restrain erosion be provided within 30 working days of completion of any phase of grading on cut or filled slopes. Marina Operation 0 4) Prior to occupancy of any new slips authorized under this permit, the permittee will permanently equip the marina with a pumpout facility to service boats with holding tanks. i157 The marina shall prominently post and enforce a no sewage discharge policy at the entrance and exit from the main pier-. (15) No sewage, whether treated or untreated, shall be discharged at any time from boats using the marina. Any sewage discharge at the dock facility, by a vessel using the marina, shall be considered a violation of this permit for which the permittee is responsible. This prohibition Shall be applied and enforced throughout the entire existence ❑f the permitted structure. �� ��o.� •ter �o..� � ��a��a 3 Attachment River Forest Manor Permit #244-88 h Page 3 of 3 t ADDITIONAL CONDITIONS (17) If it is determined that discharges from boats using the marina are making a significant contribution to pollution that results in a violation of water quality standards or if it is determined that there is a pattern of discharges within Fahteg❑ Creek from boats using the marina, then the permittee may be requred to cease all use of the permitted structure and remove it from the waters of Pantego Creek. (18) This permit authorizes only the docks, piers and other structures and uses located in ❑r over the water that are expressly and specifically set forth in the permit application. No other structures, whether floating or stationary, may become a permanent part of this marina without permit modification. No non -water dependent uses of structures may be conducted ori, in, or over public trust waters without permit modification. (19) The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions ❑f this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. (20) The authorized structure and associated activity will not cause an unacceptable interference with navigation. Attachment No. 2 OFFICE OF COASTAL MANAGEMENT 350 31' 56" N FIELD INVESTIGATION REPORT 760 36' 54" W 1. Applicant's name River Forest Manor 2. Location of project site _Beaufort County, Town of Belhaven, Pantego Creek photo number 12-18-84, 79-961, J-3, J--2 K-2 3, Investigation type: Dredge & Fill CA2lA X 4. investigative procedure:: (A) Dates of site visit 8-3-88 (B) Was applicant present Yes 5. Processing procedure: Application received 8-15-88 ❑ffice Washington _ 6. Site description: (A) Local Land Use Plan Town of Belhaven Land classification from LUP Conservation Development constraints identified in LUP None (B) AEC(s) involved: Ocean Hazard Estuarine shoreline Coastal wetlands Public trust waters X Estuarine waters Other (C) Water dependent: Yes x No Other (D) Intended use: Public Private Commercial Y (E) Type of waste water treatment: Existing Town of Belhaven Planned Boat pumpout facility (E) Type of structures: Existing Bed and breakfast house, restaurant, piers, etc. Planned Breakwater extension, piers (G) Estimated annual rate of erosion N/A Source ti/A 7. Habitat description: AREA (A) Vegetated wetlands: Dredged Filled Other None N/A N/A (B) Non -vegetated wetlands: (C) Other: Open water + 159,800 sq.ft. + 8,000 sq.f_. (D) Total area disturbed: r + 159,800 sq.ft. + 8,000 sq.ft. S. Project summary The applicant is proposing to reconstruct and extend a rook breakwater, to construct piers, and to perform maintenance excavation. Attachment No. 2 Environmental settin The applicant owns River Forest Manor within the `Ibwn of Belhaven, Beaufort County. Since 1955 the manor has been a lodging, restaurant, and marina facility. In 1.955'when the marina was begun, piers were constructed along with a rock breakwater which served as storm protection. In 1976 and again in 1981 River Forest manor received permits from the U.S. Army Corps of Engineers to construct additional piers, to maintain and to extend the breakwater, and to perform maintenance excavation within an access channel to the piers and between the piers. The excavation was accomplished by hydraulic dredging and an upland dike disposal area was constructed on the lawn near the manor. At the present time the manor facility is located on a 480' by 300' lot on Pantego Creek within the Town of Belhaven. Water and sewage facilities are provided by the town. Existing along with the main manor building are a ships store, recreational facilities, two marina piers which accommodate 38 boats, and a + 500' long by + 15' wide riprap breakwater. The shoreline is stabilized with both wooden bulkhead and riprap. No wetland vegetation is present at the project site. Areas aground the buildings are seeded with lawn grasses. Water depths within the access channel and basin average -8' at normal water level. Project proposal The applicant is proposing the following: (1) To maintain the existing 500' long breakwater. Additional rocks will be added which will result in a new bottom width of + 30' maximum and a height of 5' above the Nn. (2) The addition of + 100' to the waterward end of the existing breakwater. The botton width of this section of breakwater will also be + 30' maximum and will also have a height of 5' above the N6+L. (3) The construction of a 540' long by 4' pier which will be constructed alongside the breakwater. This pier will be used for moorincr boats. (4) The construction of a 50' long by 8' wide T-section on the waterward end of the western marina pier. (5) The construction of a 30' long by 4' wide finger pier on the western marina pier. (6) The maintenance excavation of the 1,300' long by 80' wide access channel to a depth of -8' at normal water. The maintenance excavation of the 470' long by 340' wide basin (area between the marina piers) to a depth of -8' at normal water. At this time no maintenance excavation is needed. The water depths have been stable since the 1981 excavation. (7) The installation of a pumpout facility for vessels with holding tanks. Attachment No. 2 Environmental -umact The project as proposed should have a minimal environmental impact. + 8,000 sq.ft. of bottom within Pantego Creels will be filled as a result of the rebuilding, and the extension to the existing breakwater. + 159,800 sq.ft. of area previously excavated will be allowed to be reexcavated when water depths indicate that dredging is necessary. When excavation is conducted, spoils will be placed on highground. No wetland vegetation will be excavated or filled. The pier additions will allow for the mooring of + 14 additional vessels. A pumpout facility will be installed to handle these vessels as well as the vessels which utilize the existing docks. David L. Gossett - Washington Office - 18 August 1988 Attachment No. 2 a 4LC e't-'e C& P l . self Please type or print. Carefully describe all an- ticipated development activities, including construc- tion, excavation, filling, paving, land clearing, and stormwater control. If the requested information is not relevant to your project, write NIA (not ap- plicable). Items 1-4 and 8-9 must be completed for all projects. .1. :A:PPLICANT a. Name iV+° r �oreS� mc> Nt? r Address S City g_k#JPKJ state Zip `) 1 j Day phonVq 1h3 ""' Landowner or Authorised agent b. Projec name {if any} 0 Q r7 N !- nI N N tin retie Ce.N� c. If the applicant is not the landowner, also give the owner's name and address. tii / A 2 LOCATION. -OF. PROPOSED... PROJECT a. Street address or secondary road number 6Co t r r z S� b. City, tQwn� community, or landmark c. Countyci�.t�e d. Is proposed work within city limits or planning jurisdiction? V f S e. Name of body of water nearest project i}GlL�!:ea o Cf eeh- T- 3 DESCRIPTION AND PLANNED USE. OF PROPOSED PROJECT a. Describe all development activities you propose {for example, building a home, motel, marina, bulkhead or pier}. -Pm� lo+ -S`V EuLkANQMed (rJi4-1 IYSWOr MOJ i k 4tt lU�f If you plan to build a marina, also complete and attach Form DCM-MP-2. b. Is the proposed activity maintenance of arl,ex- isting project, new work, or both? 3 L Will the project be for community, private, or commercial use? d. Describe the pl nned use of t e project 'ri - J a recce Wu _ztr a. Size of entire tract 17 , x 3o b. Size of individual lots}_ N I A c. Elevation of tract above mean sea level or Na- tional Geodetic Vertical Datum r c. w d. Soil type(s) and texture(s) of tract 51�rj2y DiAt e. Vegetation on tract F I'dS5 f. Man-made features now on tract MAXNA g. What is the CAMA Land Use Plan Classifica- tion of the site? (Consult the local land use plan.) Conservation Transitional Developed Community Rural Other h. How is the tract zoned by local government? i. How are adjacent waters classified? j . Has a professional archaeological survey been carried out for the tract? `y a nn e S r If so, by whom? ire you C ores oer►�, j ��e d I ce v Q 10a Sf Pe CQPNr-y Complete this section if the project includes any upland development. a. Type and number of buil ngs, facilities, or structures proposed /, _ b. Number of lots or parcels c. Density (Give the number of residential units and the units per acre.) lV 14 d. Size of area to be graded or disturbed If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimen- tation control plan at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? Givd the percentage of the tract within 75 Feet of mean high water to be covered by im- permeable surfaces, such as vement, buildings, or rooftops. Attachment No. 2 g. List the materials, such as marl, paver stone, asphalt, or concrete, to be used for paved surfaces. A/)2 h. If applicable, has a stormwater management plan been submitted to the Division of En- vironmental Management? 8 i. Describe proposed sewage dispos 1 and/or waste water treatment facilities. A j. Have these facilities received state or local approval? f I� . Y A k. Describe existing tre tment facilities. .� tv h ,,j eiv cexAP& r I. Describe location and type of discharges to waters of the state (for example?,surface runoff, sanitary wastewater, industrial/commercial effluent, or "wash down"), Ill -.11+ m. Water supply source T_D ­;ti' ❑ . 6 A��oj n,^o� wt lIs n. If the project is oceanfront development, describe the steps that will be taken to main- rain established public beach accessways or pro- vide new access. o. if the project is on the oceanfront, what will be the elevation above meansealevel of the first habitable floor? 91 11 r 6: EXCAVATION AND FILL. INF WATION a. Describe below the purpose of proposed excava- tion or fill activities (excluding bulkheads, which are covered in Section 7). Access channel (MLW) or (NWQ Boat basin Other (break- water, pier, boat ramp, rock jetty) Fill placed in wetland or below MHW Upland fill areas Length Width Depth + `1 01 MLUJ .6-0D V0 b. Amount of material to be excavate from below water level in cubic ya c. Type of material_26!2fl + d. Does the area to be excavated include marsh- land, swamps, or other wetlands P0 e. High ground excavation, in cubic yard I f. Dimensions of spoil disposal area ICV g. Location of spoil disposal area ca,r er �mm nga as h. Do you claim title to the disposal area?�1�5 if not, attach a letter granting permission from the owner. i. Will a disposal area be available for future maintenance?Yes If so, where? S inc Ptqa= j. Does the disposal area include any marshland, swamplland,'or water areas? As 0 k. Will the fill material be placed below mean high water? A) to 1. Amount of fill in cubic yards IV A m. Type of fill material EftN D a.- m M n. Source of fill material Riget, [8,> i-u� o. Will fill material be placed on marsh or other wetlands? V 0 p. Dimensions of the wetland to be filled IVIA q. How will excavated or fill material be kept on si a d erosion ,controlled? Cw tratL@�J o all Se lea? )e sclrl'S r. What type of construction equipment will be used (for example. dragline, backhoe, or hydraulic dredge)-' re[ " C s. Will wetlands be crossed in transporting equip- ment to the project site?liCD_ if yes, explain the steps that will be takenpo essen en- vironmental impacts. ■ SHORELINE STABILI2ATIDN- a. Length of bulkhead or riprap b. Average distance waterward of mean high water or normal water level ,q c. Shoreline erosion �U� ng preceding 12 months, in feet d. Type of bulkhead material e. Amount of fill, in cubic yards, ❑ be placed below mean high water At C. Type of fill material N Il a , ��� P-�r YgLDXq Attachment No. 2 In addition to the completed application form, the following items must be submitted: A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected property. If the applicant is not claiming to be the owner of said property, then for- ward a copy of the deed or other instrument under which the owner claims title, plus written permis- sion from the owner to carry out the project. An accurate work plat (including plan view and cross sectional drawings) drawn to scale in black ink on 8 th x 11 white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue -line prints or other larger plats are acceptable only if 16 high quality copies are provided by the applicant. (Contact the U.S. Army Corps of Engineers regard- ing that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency per- sonnel unfamiliar with the area to the. site. Include county road (SR) numbers, landmarks, and the like. A stormwater management plan, if applicable, that may have been developed in consultation with the Division of Environmental Management. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners. These individuals have 30 days in which to submit com- ments on the proposed project to the Division of Coastal Management. The applicant must advise the adjacent landowners of this opportunity by sen- ding a copy of the permit application to them by registered or certified mail. This notification is re- quired by G.S. 113-229(d). Name _U,� , 3 U0111d &- Address 6 i= farit 5 } Name 15-F F R N r— 3-0,}ernn-hj Address L2 L Law St, Re4ha .C- ip Name Address A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. A check for $100 made payable to the Depart- ment of Natural Resources and Community Development to cover the costs of processing the application. A signed AEC hazard notice for projects in ocean- front and inlet areas. A statement on the use of public funds. If the project involves the expenditure of public funds, at- tach a statement documenting compliance with the North Carolina Environmental Policy Act (N.C.G.S. 113A-1 to 10). - 9 - CERM-1 �� O 7 AN PE SION TO ENTER ON LAND. Any permit issued in response to this application will allow only the development described in the application. The project will be subject to condi- tions and restrictions contained in the permit. I certify that to the best of my knowledge, the pro- posed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I further certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit ap- plication and follow-up monitoring of project. This is the 2 2 day x .�.. Lando r or Authorized a ent Send the completed application materials to the Division of Coastal Management Office nearest you and the U.S. Army Corps of Engineers. See the map on the inside front cover for the appropriate DCM office and addresses and phone number. Attachment No. 2 Form DChi-MP-2 MARINA DEVELOPMENT Attach this form to the Application for Permits to�- Develop in North Carolina's Coastal y ' ` Area. Be sure to complete all other sections of that application Pp - which relate to this proposed project, including upland areas, even if duplicative. All shore -based a. Check each of the following sanitary facilities facilities must be included in application and work which will be included in the proposed project. L Office toilets plats. V_ Toilets for patroy Number Location khcss�- -= _Showers a. Check below the type of mariga proposed. % Boat holding tank pumpout Type and location t, }-���n 49 Heo L Commercial Public Residential be. (wa. ea_ opi D) err, tiftr` .5here- b. Will the marina be open to the general public? b. Describe treatment type and loc tion far all be B ,� , - yC S sanitary wastewater. ;act,�a c� —f.rv- arj c. If there is residential development associated el�" with the marina, how many units or lots are A c. Describe solid wast�j; fish offal, and trash planned? d. Check all of the types of service to be disposal. Ai 1 provided. Full service, including travel lift and/or rail d- How will overboard discharge of sewage from _--1� Dockage, fuel, and marine supplies boats be controlled? I1ar)L- -P �,e a'ic• p-rd Dockage ("wet slips") only Number of slips 1 Dry storage Number of boats Boat ramp(s) e. Give the location and number of "No Sewage Other (describe)Ns Discharg " signs proposed. -�3 s e. Check below the proposed type of siting. Land cut and access channel Open water with dredging for basin f. Describe the special design, if applicable, for and/or channel containing industrial type pollutants, such as Open water, no dredging required paint, sandblasting waste, and petroleum pro - P 1!� Other (describe) ducts. - f. Describe the typical boats to be served (for ex- ample, open runabout, charter boats, sail boats, or mixed types). /7hY `t i?S g- Typical boat length qn - Where will residue be disposed of? A)1 i g' p h. Maximum boat length /SD , i. Are any floating buildings planned? NO If so, describe. h. Give the number of channel markers and "No Wake" signs proposed. rr"V <_e R , eon' � hX) Py-�i&•J Tbr- over Z.S" Note: Regulatory signs such as these require ad- ditional approval by the N.C, Wildlife Resources Commission. Attachment No. 2 i. Give the location of fuel handling facilities and describe the safety measures planned to protect area water quality. Q base 6f- vwr ElecVe`,c+al S� s ckml �l j. Describe design measures that promote boat basin flushing or circulation and reduce wat uality impacts. N 18- ecd Sts-c _a f- k. What will be the marina policy on overnight and live -board dockage? c 1. Is the proposed marina located near any shellfish leases? A 0 If so, give the name and address of the leaseholder. m. If this project is an expansion of an existing marina, WhA types of services are currently provided? _'a\_1e u-1a l n. How many slips are now available? Attachment r' MAINTENANCE DREDGING 8t IMPROVEMENTS RIVER FOREST MANOR MARINA BEL NAVE+N , N. C. HENRY \CN 4ESEN 5 ASSOCIATES CaNS0LTWG ENGINEERS a PLANNERS r,eyrr+araH, 1[aRrre cAataLrN,► ;River Fdrasta Wanor i IF 81dq.; Q mCy DYKE Water SI_ PROPCSEO 013POSAL AREA 7Aor■ �ln�� �� jw I �A S low A, rA t tip i=m 1 ■m 6l� a t�i l 7_f , Property of : -4 -4` 1[ River Eores4 Manflr -� -5" E.Main St. Iti It �� �r>K x i 9 t l n� 9 rl l 1t 11 e o d •ti a t e ti� � 1t.ITs�2 _ :1 C I, a: r r 3 a ! i-- ---� . I� w Q + 1 I v UJ �If w�l\ / m � r�1 + .rQ y 1-1� K r Ixr; � f 1 ! c NN '�� ■ LaCai iqR Moo TAKEN FROM U.S..a.Z- ]UAO- S3HE�i �� SELHAVEY, N. C. to ?raoert y of Y4F_ Saterrran Ta , $' NkVL- T0 544�:1.Ep lot•IZEAS 0 F A"I_CES5 C44III Ai -AS LA�E� �. PTS MA lasitq -3-9 uPoRTr-- D1 1N- 19$8 T r GAGSES 8REAK%, rF_RZX7EN5i61V I 9/ : r�� Attachment !la SECTION A — A '-y"PROPOSED PIER EXTENSION `jn ber, brmk2r-- 4 - lxl PROPOSEDE—L. 4 Gr- V aN{"�p5 r• �J WORK •PLATFO RIA L 0.0 -� EXIST. BREAKWATER EL. `111=�llI : - EXIST VKC 0! ji:0 f SECTION F3 5 PROPOSED WCRK PLATFORM 8L STONE JETTY EXT ENSION WEIR EL. 8.0 Yl EXIST. SH. O.O BOTTOM EL.- SECT10N G —C HIGHGROUNC SPCIW AREA MAINTENANCE DREDGM i a IMPROVEMENTS RIVER 7 R LST MANOR MARINA } SELHAVEN, N. C. l HEvRY ,,C`J CESEV 3 ASECC,A -S CONSUL".IG ENGINEERS 3 ?I,.:NNF-RS yriLsilllaTpM rpgrx cAptaLl.4A Shsa:£T ++e L Qc Attachment Toole" Pt 9 v\ 1« �R I 10 3 _ 10 PROJECTS I[ 10 IQpArd � 8 I I 2 S ' �-�-�1 R 12 I: } s� 12 5 I ! `� 124 =,�, !3 3 _ .3. �� 12 ! 9 9 2• fFJ obstr rep PA 10 011 F1 G 2. 12 3 I� ��y0 ,�,rtittrFiiiri�,+r+'' 3p 15ft �•� 14 14 12 13 �- \•` ��, F�,NETIC f11y13 13 YAR 7'45'`N [19 ro'= 13 I: . $ YS Lt 11A . 8 sp ll II` ry Q y�f ���■■� '' +1r f t 14 t`r1,t4t,►�•���, •� 'T 13 }� 13 1'+t�'lfr+litu�ttt4' � •, ■,are 12 1 �� ■f''++ rrri tint tt��` �y0 -Sli 12 I8a 12 1' to 1S� Attachment No. 2 �q ►1, V N26,USE C S- a l= S LA RI uFk VIEW 5THE-ff o 523°56 _�,r��,�. tic, r�'� � � • . � tl) m Lss � 44 RES LC w cl :. R E5 102, CEM. Wqf ,L NRC'05'E294' s PROPERT)E5 OF � XTo-,N,-5P-IJ TH ANf9 o/1f= 1. L4TNo-1 IlXTON 51'11TH 11 Attachment � � 1 _:OS°LD'H'E '_L,44' TiE v pp ry� .0 2 ;_ n r4E (ml PANTEGR CREEK I STEVE TROWELL A REPRESENTAIIVE OF LAMA, WASHINGTON• INC FIELD OFFICE D❑ BY A E THE RIPARIAN L1N 5 WN 15 TH AY 2013. STEVE TRO LL (CAMA) �'- N\,Ii' /Evm OF MITH 76 NOF�� . w w" AKSON SMITH & GREG HATEM GPIN#7606-97-7667 BEAUFOP.T COUNTY COUNTY VKuFri'bWUNAL LAND SURVEYING Po Sax 354 Vanceboro, NC 28588 Phone: 252-244-05" Fax_ 252-2+A—SS99 Attachment No. 2 16 ix � G '� . Co -4SA , 1� - rf Ncs�. , 7-. W",te -,. Attachment No. 3 �X1856Pc871 FOR REGISTRRIION REGISTER OF DEEDS Jennifer Leggett Whitehurst Beaufort County. NC October 23, 2014 01 01:25 PM Book 1856 Page 811-871 FEE: $26.00 INSTRUMENT # 2014004150 Document prepared by and return to: Weatherspoon & Voltz LLP 3605 Glenwood Avenue, Suite 480 Raleigh, NC 27612 STATE OF NORTH CAROLINA COUNTY OF BEAUFORT CROSS ACCESS AND MAINTENANCE EASEMENT AGREEMENT THIS CROSS ACCESS AND MAINTENANCE EASEMENT AGREEMENT ("Agreement") is made and entered into this the day of October, 2014, by and between WILLIAM AXSON SMITH, JR. and spouse, LISA BAX EVANS ("Evans") (collectively "Smith"), and RIVER FOREST PARTNERS, LLC, a North Carolina limited liability company ("RFP"). WITNESSETH: WHEREAS, Smith is the owner of that certain parcel of real property located at 810 — 816 E. Main Street, Town of Belhaven, Beaufort County, North Carolina (the "Smith Property"); and WHEREAS, RFP is the owner of that certain parcel of real property located at 738 E. Main Street, Town of Belhaven, Beaufort County, North Carolina, which lies adjacent to the Smith Property (the "RFP Property"); and WHEREAS, the Smith Property does not have direct vehicular access to and from a public right-of-way; and WHEREAS, the Smith Property and RFP Property lie adjacent to Pantego Creek; and WHEREAS, a concrete wall and rock breakwater wall are located on the Smith Property and on its appurtenant riparian areas within Pantego Creek, which serve to, among other things, protect the RFP Property and certain docks and related improvements located on its appurtenant riparian areas; and Attachment K1856'0872 WHEREAS, Smith desires to grant RFP a non-exclusive easement over the riparian areas appurtenant to the Smith Property for purposes of maintaining and repairing such walls, upon the terms set forth herein; and WHEREAS, RFP desires to grant Smith a non-exclusive easement over the paved driveways located on the RFP Property for purposes of vehicular access to and from the Smith Property and East Main Street, upon the terms set forth herein; NOW, THEREFORE, in consideration of the mutual covenants and undertakings herein contained, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Smith and RFP agree as follows: 1. Smith does hereby grant, bargain, sell and convey to RFP and its successors and assigns in title to the RFP Property, a nonexclusive perpetual easement on, over and upon the riparian areas appurtenant to the Smith Property for the purpose of maintaining, repairing, expanding, replacing, rebuilding, reinforcing, inspecting and using either or both of those certain structures identified as "Concrete Wall" and "Rock Breakwater Wall" (collectively, the "Walls") as shown on the survey attached hereto as Exhibit A and incorporated herein by this reference. TO HAVE AND TO HOLD said rights and easement unto RFP, its successors and assigns in title to the RFP Property, employees, agents and contractors, forever, it being expressly agreed that the rights and easement hereby granted and conveyed shall run with and burden the Smith Property and run with and benefit the RFP Property. 2. RFP does hereby grant, bargain, sell and convey to Smith and his successors and assigns in title to the Smith Property, a non-exclusive perpetual easement on, over and upon the paved driveways located on the RFP Property (as the same may be relocated from time to time, the "Driveways"), for the purpose of vehicular access to and from the Smith Property and the public right-of-way of East Main Street. TO HAVE AND TO HOLD said rights and easement unto Smith, his successors and assigns in title to the Smith Property, employees, guests and invitees, forever, it being expressly agreed that the rights and easement hereby granted and conveyed shall run with and burden the RFP Property and run with and benefit the Smith Property. 3. This Agreement imposes no affirmative obligation on RFP to maintain, repair, expand, replace, rebuild, reinforce, inspect or use the Walls. 4. RFP agrees to indemnify Smith from and against any and all claims, liens, judgments and damages resulting from (i) any injuries related to the maintenance, repair, expansion, replacement, rebuilding, reinforcing, inspection or use of the Walls, or (ii) the negligent actions or omissions of RFP and/or its contractors and agents, relating to the Wall, unless the same are due to Smith's negligence or willful misconduct. Smith agrees to indemnify RFP from and against any and all claims, liens, judgments and damages resulting from (i) any injuries related to the use of the Driveways, or (ii) the negligent actions or omissions of Smith and/or his employees, guests or invitees, relating to the Driveways, unless the same are due to RFP's negligence or willful misconduct. 2 Attachment �'K1856PG8 7 3 5. Smith shall not erect any barrier or construction on the Smith Property which would prevent RFP from having direct access on, over and through the riparian areas appurtenant to the Smith Property to and from the Walls. RFP shall not erect any barrier or construction on the RFP Property which would prevent Smith from having direct access to and from the Driveways and the public right-of-way of East Main Street. 6. In the event of a breach, or attempted or threatened breach by Smith in any of the terms, covenants and conditions hereof, RFP shall be entitled: (i) after ten (10) days written notice to Smith to go on the Smith Property and correct the breach and to recover the cost of so doing, together with reasonable attorneys' fees, or (ii) to full and adequate relief by injunction or other available legal and equitable remedies from the consequences of such breach. In the event of a breach, or attempted or threatened breach by RFP in any of the terms, covenants and conditions hereof, Smith shall be entitled: (i) after ten (10) days written notice to RFP to go on the RFP Property and correct the breach and to recover the cost of so doing, together with reasonable attorneys' fees, or (ii) to full and adequate relief by injunction or other available legal and equitable remedies from the consequences of such breach. 7. Nothing herein is intended,, nor shall be construed, to create any rights whatsoever for the benefit of the general public in and to the Smith Property or the Walls, or in and to the RFP Property or the Driveways. S. The rights, easements and agreements contained herein shall be binding upon, and shall inure to the benefit of any future owners or lessees of the Smith Property and RFP Property, their respective executors, administrators, heirs, successors, assigns, tenants, invitees, customers and employees. The rights, easements and agreements contained herein shall run with the land and shall remain in full force and effect in the event that the Smith Property or RFP Property is under common ownership, or is reconfigured by recombination or subdivision. 9. This Agreement shall be governed by the laws of the State of North Carolina and may only be modified by a writing executed by the parties hereto or their successors or assigns. [Signature page follows] Attachment BK1856Pc87`f IN WITNESS WHEREOF, Smith and RFP have hereunto executed this instrument under seal by authority duly given all on the day and year first above written. (SEAL) William Axson mith, r. (SEAL) Lisa Bax Evans River Forest Partners, LLC, a North Carolina li ' e iability company (SEAL) By: C. Brantley Till an, Jr., Manager M Attachment BK1856"0875 STATE OF NORTH CAROLINA COUNTY OFQ�Upi l I certify that the following person personally appeared before me this day and acknowledged to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: William Axson Smith Jr. and Lisa Bax Evans. This the A 3 day of October, 2014. My Commission Expires: 3m [Affix Notary Stamp or Seal] STATE OF NORTH CAROLINA COUNTY OF �)e&Akf&(4- VMS % . Notary Public M&3 •©r' Printed Name . �+ > (� �I . I certify that the following person personally appeared before me this day and acknowledged to me that he voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: C. Brantley Tillman, Jr., Manager. This the A-� day of October, 2014. My Commission Expires: �Ug. Notary Public ,Q ('50- 6 � l � Gt no l r Printed Name [Affix Notary Stamp or Seal] 5 -t ....... d Attachment No. 3 A 1 8 5 6 c c 8 7 6 Exhibit A - Survey Attachment No. 3 �X1856pc877 S23'52'47•W Sot°03'16'E . KB fLi®Y mn►r NAT KE iw[ tK OwgtB a THE PSOPNTY Slew ANO 3. 45' TIE /' y 74' TIE / �\ �p ,,jly,T K Y�[T®r 1xsPuxImunwfN Y ODR RQ CONSNr wD _GN YMYIW 6OM1WO IN6 AS j / S' pA, 0 wAYR�ET /O �$e VICINITY SKETCH,/ (NOT TO SCALE) LEGEND Am msrr7c WFw Pme / AREA: .1 [°rWG Nu[ Aao �' / 4.99 acres � / / / 2Gl [WTTfYG GYAVG uWVYq'T BY COCBDA'ATE3 / / �,. APs ttw E M AXGNr aF � YPo. IAM1N/.I/ ZSC CK OPoNAYAD PoAW �/ / .h/ fRlr Ptl£ 'y/ 16[ 7410WwF PevAsi.Y / / CC CmIRtt CYNXW / / r A —T 424 J � E 34.E 31444'TIE i g oyry y' 4P �re REFER ESTATE FILE 05-176 OR 327 PG 389 08 591 PG 787 OR 787 PG 465 UNRECORDED MAP ENTITLED PROPERTIES OF "SON SMITH / AND WWr DATED 10-28-89 3 2Y' e �P BMRTIR •iw ,�'Y 'lam aI1uGTuiK �.. y \' WA 4wW/ O a'� AftwA.e O ��'T PANTEGO CREEK anTE DF N6RN D—A ,Dw a BpNAWN c[n11Y WMT M fOmlNslGx NAT 07MW1 I�a1 XAT eQX = L-�aza % S�� •� IEd4ATOHi DI TIE 1PM TD COYPLY'MA 1�*"� ,,��C(;� :' '•., 3lM„� •/°�O�q�L uK III W w o 'Eic �aBi nBs .v aiiY AwTO`WBOYm°�roB°n[�Kc M M BGOIOBT COUNTM I[4KlIX Ol DQDS. E. GP„�``�`• ,N,NAf ' YINw1N A4m � DAIE ' Ob. gJ'D GOTP DSIR 4 t3'NXUII _'-TIN Ai FND D< SOCK W4t eND / elOEWiLL�[ EDGE OF / ( / V / / AMYMf ' -fNK.YW � JULIAN GOFF / DR 1781 PG 45 Nl9TWG - ALONG PANTEGO CREEK a / FROM A TO 8 V / BEARING LENGTH / N64'I6'02w 32.24' / N77-51'27'W Z850' / N8041'14'W 1984,. / 563'LS'14'W II.BS' SMITH / 524°04'20'W 1153V CSON OSE - 176 / N66'05'05'W 53.10, / NW 44'39'W 15.90' / N67'01.01'W 39.12' / N7610'47W N80'45'34V 21.21' 2.91, / S89°37'03'W 9.16' / N77-02'03'W 28.13, / N65-25'53, 48.51' 1 N5P25008'W VRY / N5456'38'W 28 55' N79-44.03-W 28.79N61'05'37'W //,/ 6.11' N47°OB'04'W13.46' NOC'S1'S9'E 7.45' A03DDF[K: / , e / 3 Q� Z9 A AS �'7'il' $ L'Y ;,-;:.� d f ovi_J LY A 4.o ri E=GrvLt N MLN' 1AGLNCY FOR COO UPLIANCE / Viillf ANY A LICABLE LAND DEVELOP 1Y P X.F IIYN 3Y "ULATION9." m iP 60 _ /� WP aY m BCJIf: t � SO' FINAL PLAT FOR PSm o NS sw1N, 91. eu11AE7A AN neND .. , B6W OM W. Ad+G 2 tAT.. 4.53 Ac / t XDID_ GA_S� iY NAT ABS fuM,EY_ _ TxAT w8 w pAWAMCE MAT R 4� PAS[fL5 K NAND. Alllr t. WYOY BtIDNG 111415 DNILSS OTlRWS XOTD: / / A. MN FRart rABD SEIBAdt 15 ,0' M ,.f. B. WwY fM YTBAIX 6 S' 41B s-MY maf�—A:`an° wMMSp�Nwa F�'Q, aAWATm wATN glAIT'. J 1 ME _ R. W..m 9fWTFY —1 TR PUT WAs DPAw Ux[IX YT 2 L1wfNT EPNG n PARE BYSWE53 SFt _ FBOY A Aw_ ._ _ uY `A9w ID® M SOPW-MA OwPGTM R FDC/.fm'MTN A SPCOAL 1ESWPTSw BCCOADBD IN Wck ME. PA. Bl1'�06 ): NAT WE S 7. Sau u NOT SIA,SYm AN[ (UIIAY YMUTm Af pfAw I0011 .. RIATOI IGONO N BOOk_ OAq_- VAT n[ wlp O2 �We E ..... AYr15, 3000 Mp'WM Af C.SLu416 K Tw OoOF VAT NT AiN} WAs PgpABm M ACCOTDANC[ WTI G.A I7-SO Af AYNOm. ryNp Y :— _ e K.-A" _w AND 5m D H 1�5 � 6 '10 r-1 (`Q RIVER FOREST PARTNERS, LLC "CURRENT OWNER - VnUAM ARSON Sifrif. JR. BEING A PORION OF GPIN #7605-97-7667 D ,m BY 9De •,� TOWN OF BELHAVEN -STRT PIOIIs OF WA,S YENE CENRWm BY L,OSSNO WDNf AM MPNDW�FNIT. BELHAVEN TOWNSHIP e""� m aw06bro� °T T "RO OL BEAUFORT COUNTY NORTH CAROLINA SURVEYED: MAY 6, 2013 SCALE 1" = 50' sT•DY �"D"N • C-3023 ®GASKINS LAND AT M YAP OB PUT N WBCN MS CTRM1GATpN 6 AfTBEo TO SURVEYING, P.A. rEETs Au nATUToxr Kww'prs Fdl xEcoPuw PROFESSIONAL LAND SURVEYING Rom— DATE PO 8 354 PhonW- 252-244-0599 Vm967 . NC 28586 Far 252-244-5899 13-0026 Site Location Map N River Forrest Manor dba Grand Manor Marina 738 East Main Street, Belhaven, NC Beaufort County Quad Name: Belhaven Oddfeliows 41 J ven st / d er• ~~~` .a o �' 1. x3 R e `'Belhaven• _ — C s r y, Gue►,tot �: :t e •, �: t _- = �:�'aIZ Lower Do %' Z . E attarfna Pt ' •1� Z �� r rroolCi/4,L'r II fs/' To4eya Pt ' Bivalve �-"�� b • f i Pt — Project Site Grand Manor Marina 35'31'57.702"N ?>� 76'36'50.989"W _ 1.2 NM from ICW t (CRM 2 4) A ) go Pt Atlantic Intracoastal Waterway (ICW) Tree Pt ' \ i z \ 1 D indmill lint —P U N G 0---C R E E D-- 0 Nor}lick �O Shore EMU NCDOT GIS Unit, Copy rig ht�©, 2013 National Geographic Society, i-cubed F 0-1 0 0.25 0.5 1 Miles Sheet 1 of 5 I I I I I I I I I Date- August 1, 2023 O N \C7 Cl) N co v r co v co co 20 09 ob M • u CO. W N O 09 00 - w o % V O M O LO .0, ED In d C) N M O O co o •Y N N COO N V - � • N(O • NCOO 0) N Cl) M V h W iN LO M V MN N h .LO CO V N CO O Q� co 6 IT CO CDP X) V Lo L(7 � V to co -4.8 -5.0 • 1 -6.5 -6.3' -6.5' 3 -6.4' 5 6 -7.4 7 8 -7.4' 9 -7.8' -8. 10 -7.8' 11 12 14 -8.2' -8.1' -1 0.8 -8.2' 13 -9.8' -10.2 16 -10.2' -8.8' 15 -11.2 18 -10.91 -9.3''8 2 2' Existing breakwater dimensions: 300' long x 18'-25' wide x 1' above the NWL 1 T_ .1 3.8' .8' \ \ -10.8' v Existing breakwater dimensions: 145' long x 22'-25' wide x 6" or less above NWL Existing breakwater dimensions: 90' long x 22'-25' wide x 1' or greater below NWL D T GIS �, NCB GIA, N 11 B d, N G Grand Manor Marina Improvements Typical Breakwater Cross Section Scale: NTS Dimensions Shown Date: August 1, 2023 Sheet 4 of 5 Proposed Granite Riprap Nantego Ureek bottom Existing 20' ay. Exist/Proposed Piling Class B or Larger Granite Riprap 3.4' ay. 25' ay. Proposed Grand Manor Marina Improvements Typical Revetment/Dock C Cross Section Scale: NTS Dimensions Shown Date: August 1, 2023 Sheet 5 of 5 Proposed Dock C -4' Proposed granite riprap to be placed within existing footprint of existing riprap revetment