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HomeMy WebLinkAbout20010088 Ver 2_CAMA Application_20230927DIVISION OF COASTAL MANAGEMENT Fnviranmenra! FIELD INVESTIGATION REPORT QG<)Ilty 1. APPLICANT'S NAME: Edenton Real Estate Holdings, LLC 2. LOCATION OF PROJECT SITE: 142 & 142C Midway Drive Edenton, NC 27932 Longitude:-76.56558 Latitude: 36.01068 3. INVESTIGATION TYPE: CAMA + Dredge & Fill 4. INVESTIGATIVE PROCEDURE: Date of Visit Purpose of Visit Applicant Present? 9/1/2023 check exisitng conditions No 2/10/2023 Meet to discuss project with Ken and Jimmy Yes 5. PROCESSING PROCEDURE - Application Received Application Complete Regional Office 9/9/2023 9/20/2023 1 DCM - Elizabeth City Regional Office 6. SITE DESCRIPTION: (A) Local Land Use Plan: Chowan County Land Classification from LUP: Land Classification From LUPs (B) AEC(s) Involved: Coastal Shoreline, Estuarine Shoreline, Public Trust Shoreline (C) Water Dependent: Yes (D) Intended Use: Commercial (E) Wastewater Treatment: Existing: Central & Municipal Planned: N/A (F) Type of Structures: Existing: Boat basin(slip), Boat slips, Boathouse, Finger pier, Other(wetslip), Pier or dock, Breakwater, Riprap, Highway/street, Non-resident. bldg./mix use, Parking lot Planned: Breakwater, Riprap(below MHW/NHW), High ground disturbance (G) Estimated Annual Rate of Erosion: 1 ft per year Erosion Information Source: Annual Erosion Source 7. HABITAT DESCRIPTION: DREDGED (ft) FILLED (ft) OTHER (ft) A Open Water CW's above NHW C CW's below NHW Shallow Bottom 670 High Ground 1535 510 Non -Coastal WL (E) Total Area Disturbed: 2715 ff (F) Primary Nursery Area: No (G) Water Classification: SB: Primary Contact Recreation, Tidal Salt Water Open to Shellfishing: No Field Investigation Report: Edenton Real Estate Holdings, LLC DCM Major Permit Page 11 8. PROJECT SUMMARY: The applicant proposes to cover existing slats on 114 feet of the existing steel breakwater and place 16 foot by 105 foot of riprap along the shoreline of the existing boat basin with backfill. 9. NARRATIVE DESCRIPTION: The site of the proposed for development is located at 142 & 142C Midway Drive in Chowan County. The properties to the east and west are commercial properties one contains a boat ramp and parking area and the other is a vacant lot. Vegetation on the site includes, but is not limited to, indigenous yard grass, and Loblolly pine (Pious taeda). Soil Types include Dogue fine sandy loam (DgA). The property has an elevation of approximately 4 feet above normal water level (NWL) 70 feet from the shoreline. Currently there is an commercial building onsite along with a boat basin created by groins and breakwaters, docking with finger piers creating 8 slips, a boathouse, driveway and gravel parking area, as well as riprap along the edge of the grasses upland area. The water classification for this area is Primary Contact Recreation, Tidal Salt Water (SB), and is closed to shellfishing. The water depths within the project area range from 1 foot to 1.5 feet and average 1.3 feet. When the site visit was conducted there was no Submerged Aquatic Vegetation present in the proposed project area. The permit history at this location consists of Major Permit 44-01 issued April 16, 2001 to Waff Contracting that authorized the breakwater and dredging to create the existing basin along with bulkheading, that was never constructed, the docks and finger piers, boat ramp, and travel lift. This permit was transferred in December of that same year to J. Scott Harrell, Jr.. Again, in October of 2011 to GSM Properties, LLC then to Edenton Real Estate Holdings, LLC in December of 2017. A maintenance clause was added to the permit in 2014. 10. PROJECT DESCRIPTION: The applicant proposes to modify 114 feet of the existing 176 foot breakwater located on the western side of the existing boat basin by covering the cut slits to help prevent the movement of sand across the breakwater into the basin. The applicant proposes to cover these slats by excavating a 102 foot long trench along the outside of the western breakwater to about 3 feet and will then cover the slats with a steal plate using a bolt or welding. The applicant also proposes to place 105 foot for riprap 16 foot wide along the shoreline at the northwestern end of the existing boat basin with backfill to level out the upland area behind the riprap. The riprap will average 6.85 feet waterward of Normal Water Level with a maximum of 10.25 feet waterward using granite. 11. ANTICIPATED IMPACTS: The proposed development will result in: - the filling of 1,535 square feet and disturbance of 510 square feet of Estuarine Shorelines and Public Trust Shoreline Area of Environmental concern - the filling of 670 square feet of Estuarine Waters and Public Trust Area Field Investigation Report: Edenton Real Estate Holdings, LLC DCM Major Permit Page 12 Temporary turbidity will possibly occur during construction. Name: Cynthia Rountree Date: 09-25-2023 Office: DCM - Elizabeth City Regional Office Field Investigation Report: Edenton Real Estate Holdings, LLC DCM Major Permit Page Permit Application Report Application ID Application Type Submitted App Complete Deadline Decision Expiration PA-1130 DCM Major Permit 09-09-2023 Primary Applicant Information Applicant Type Title Business Name Name Email Business Mobile Phone Phone Business/Company Edenton Real Edenton Real albemarleboats@kenobx.com 910-285-1005 n/a Estate Holdings, Estate LLC Holdings, LLC Physical Address Mailing Address Street 1 City State Zip Street 1 City State Zip 5752 US Hwy 117 Wallace NC 28466 PO Box 160 Wallace NC 28466 South Registered Agent Information Agent Type I Title Business Name Name Email Business Phone Mobile Phone Business/Company Elliott Consulting Elliott Consulting ken@kenobx.com 252-339-9021 252-339-9021 Physical Address Mailing Address Street 1 City State Zip Street 1 City State Zip 202 Elliott Road Aydlett NC 27916 PO Box 112 Aydlett NC 27916 Project Information Project Name Project Type Disturbed Land Area (Scl Ft/Acres) Albemarle Boats Breakwater & Shoreline Project Commercial 1135 Sq. Ft. / 0.03 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: CAMA Major Permit #44-01 issued 2001 to Waff Contracting, transferred to GSM Properties, Inc., then Transferred to Edenton Real Estate Holdings, LLC, last renewal on 3-7-2022, CAMA Minor Development Permit #05-22 issued to Edenton Real Estate Holding Project Location Information Address County River Basin Subdivision County Parcel ID Latitude Longitude 142 & 142C Midway Drive Edenton, NC 27932 Chowan Pasquotank Fourth / Cape Colony 781300919800, 781300916844 36.01068 -76.56558 Project Discharges to State Waters Discharge Type Surface Sanitary Runoff Wastewater Industry/Commercial I Effluent Vessel 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: 142C (aka 140) Midway Drive - Albemarle Boats industrial sport fishing & recreational boat manufacturing facility (108,818 sq.ft.) includes gravel parking lot, gravel driveway, and 500-ft L x 12-ft W rip rap revetment. 142 (aka 144) Midway Drive has 6,686 sq.ft. combination boat shelter & garden apartment, 174' pier/breakwater, 190' breakwater, 75' pier, 74' concrete walkway, 580' L chain link fence. Existine Land Uses: 142C Midway Dr. - sport fishing & recreational boat manufacturing facility 142 Midway Dr. - boat preparation, display, docking, & testing facility Existing Wastewater Treatment/Disposal: Edenton / Chowan Water & Wastewater Treatment Department Solid Waste/Fish Offal/Trash Disposal: Chowan County Solid Waste Dept. Use and Daily Operations of the Project When Complete Proposed Development Purpose: Project is to stabilize the shoreline and water depth inside the Albemarle Boats boat basin, used for launching, testing, docking & displaying new sport -fishing & recreational boats manufactured there. Buildings/Facilities/Units/Structures: 105' long x 16' wide riprap & stone revetment with silt screen and backfill along shoreline inside boat basin, remainder of work is repair & modification of 114' of existing steel breakwater. Use & Daily Operations: Launching, displaying, docking large manufactured boats in deep -water boat basin, testing of equipment & function on docked boats Construction Methodology & Equipment: Preparation - mini -excavator or hand tools to dig trench & fill in afterward; breakwater repair - hand tools & welding equipment; revetment construction - rock brought in by dump truck & unloaded, tracked excavator or mini loader to put rock in place over silt - screen, loader & tractor to install & smooth backfill behind rock. Development Activities Narrative Specifics: Cover existing slats in 114 linear feet of existing steel breakwater by welding or mechanical application of steel plates to the slats. Construct 16-ft wide by 105-ft long rock & riprap revetment along north shoreline of existing boat basin. Long narrative attached. Application Narrative: Albemarle Boats Breakwater & Shoreline Project Long narrative attached. 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) True 1 Source of Erosion Amount Information Google Earth historical imagery 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 105 16 6.85 10.25 Sq Ft of Fill to be Placed Below Water Level Type of Fill Material Source of Fill Material 670 Sand; Rock; Earth Vulcan Materials for rip rap stone, offsite stockpile of concrete, sand & soil from permitted sand p How Will Fill Material be Kept on Site and Erosion Controlled Stockpiled fill sand kept behind silt fence. 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: False 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: False 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 Marina Development Activity Details Required ken@kenobx.com From: ken@kenobx.com Sent: Monday, August 21, 2023 4:48 PM To: '401 PreFile@ncdenr.gov' Cc: 'Cynthia Rountree' Subject: CAMA Major Permit - Pre -Filing Meeting Request - Albemarle Boats, Edenton, NC Attachments: Albemarle Boats Project Narrative 071723.pdf To Whom It May Concern: Edenton Real Estate Holdings, LLC, is applying to the NC Division of Coastal Management to modify an existing breakwater at the Albemarle Boats manufacturing facility boat basin in Edenton, NC, for improved stability of the basin and improved access by large boats inside the basin as it was originally designed. This application is a modification of their existing CAMA Major Permit #44-01 and this email serves as a Pre -Filing Meeting Request. Please let me know if you have any questions. Attached is a copy of the Project Narrative submitted to CAMA. Thank you, Ken Elliott Elliott Consulting, LLC PO Box 112 Aydlett, NC 27916 USA Phone: 252-339-9021 Email: ken@kenobx.com Filed: 08/30/2017 03:01:13 PM Lynn C. Gilliard, Register of Deeds Chowan County, NC Revenue Tax: $1,280.00 Land Transfer Tax: $6,400.00 Book 498 PAGE �3I15(3) 410910 I�I�III NORTH CAROLINA Delinquent taxes, if any, to be paid by the CHOWAN COUNTY closing attorney to the county tax collector Excise Tax (.2%): $1280.00 upon disbursement of closing proceeds. Land Transfer Tax (1%): $6,400.00 Parcel #: 781300919800 & 782317025242 Prepared by: Windy H. Rose, Attorney at Law, . : Box 54, Columbia, NC 27925 Return to: Windy H. Rose, Attorney at Law, .O Box 54, Columbia, NC 27925 NORTH CAROLINA GENERAL WARRANTY DEED 144 Midway Drive 1.909 Ac. +/- 129 Midway Drive 12.77 Ac. Sr, Au�ji J - This DEED is made on this the ' day of July, 2017 by and between: GRANTOR: GSM Properties, LLC, 8930 Hwy 39 South, Zebulon, NC 27597 GRANTEE: Edenton Real Estate Holdings, LLC, 5752 South US Highway 117, Wallace, NC 28466 The designation of 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 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 of that certain lot or parcel of land situated in the Fourth Township, Chowan County, North Carolina described as follows: TRACT ONE: 144 Midway Drive, Edenton, Chowan County, North Carolina 27932. Chowan County Parcel #781300919800: That certain tract or parcel of land containing 1.909 acres designated as "PARCEL ONE" according to a plat of survey prepared by Josiah A. Webb, III, Registered Surveyor, dated May 22, 2000 and recorded in Plat Cabinet 1, Slide 190A of the Office of Register of Deeds for Chowan County. TOGETHER WITH a right-of-way and easement for ingress, egress, provision of utilities and all other lawful purposes extending from the Western margin of the right-of-way of N.C. State Road 1119 to the above described parcel, shown and designated as "Private R/W 30" on the inset on plat entitled "EDENTON-CHOWAN DEVELOPMENT CORPORATION" prepared by Josiah A. Webb, III, Registered Surveyor, dated March 22, 1999 and recorded in Plat Cabinet 1, Slide 180A of the Office of Register of Deeds for Chowan County. TOGETHER WITH a right-of-way and easement for ingress, egress, provision of utilities and other services, and all other lawful purposes shown and designated as "Private R/W 50"' on the inset on plat entitled "EDENTON-CHOWAN DEVELOPMENT CORPORATION" prepared by Josiah A. Webb, III, Registered Surveyor, dated Marclt 22, 1999 and recorded in Plat Cabinet 1, Slide 180A of the Office of Register of Deeds for Chowan County. Book 498 Page 316 SUBJECT TO that certain 20 foot wide sewer easement as shown on plat recorded in Plat Cabinet 1, Slide 121-E of the Office of Register of Deeds for Chowan County, the center line of which is shown on plat entitled "EDENTON-CHOWAN DEVELOPMENT CORPORATION' prepared by Josiah A. Webb, III, Registered Surveyor, dated March 22, 1999 and recorded in Plat Cabinet 1, Slide 180A of the Office of Register of Deeds for Chowan County. SUBJECT TO a general easement and right-of-way for purposes of ingress, egress, regress, provision of utilities and all other lawful purposes, across the existing 50 foot and 30 foot roadways on the above described 'PARCEL ONE" which extend in a generally southwesterly direction to 'PARCEL TWO" as shown on the plat recorded in Plat Cabinet 1, Slide 190A of the Chowan County Registry. Said general easement and right-of-way across the above -described and herein conveyed 'PARCEL ONE" shall at all times be of sufficient maintained width to provide access by the largest of industrial -type highway licensed vehicles and by any off highway -type industrial vehicles utilized on 'PARCEL TWO". TRACT TWO: 129 Midway Drive, Edenton, Chowan County. North Carolina 27932, Chowan County Parcel #782317025242: That certain tract or parcel of land lying and being in Fourth Township, Chowan County, North Carolina, situated on the East side of Midway Drive and being Parcel One, 12.756 acres, on that certain plat of survey prepared by Josiah A. Webb, III, R.L.S., dated 9/2/99, and being more particularly described thereon as follows, to -wit: BEGINNING at an iron pin marking the intersection of the Northern right-of-way line of Country Club Drive with the Eastern right-of-way line of Midway Drive, and running from said beginning point thus established and along the Eastern right-of-way line of Midway Drive, North 06 deg. 13 min. 19 sec. East 730.53 feet to an existing iron pin; thence on a common line with the land of Timmco, Inc. as described on Plat of record in Plat Cabinet 1, Slide 173-13, South 83 deg. 46 min. 41 sec. East 1200.17 feet to an existing iron pin; thence along the Western line of the right-of-way line of Athol Lane, South 03 deg. 46 min. 17 sec. West 60.00 feet to a set iron pin; thence on a common line with the A. C. James land, described as Parcel Two, North 83 deg. 46 min. 41 sec. West 415.37 feet to a set iron pin; thence on another common line with the James land, South 03 deg. 43 min. 52 sec. West 425.30 feet to a set iron pin; thence running North 66 deg. 52 min. 52 sec. West 180.79 feet to an existing iron pin; thence running South 06 deg. 16 min. 16 sec. West 280.00 feet to an iron pipe found in the Northern right-of-way line of Country Club Drive; thence along said right-of-way line, North 85 deg. 25 min. 44 sec. West 632.89 feet to the point and place of beginning. All or a portion of the property herein conveyed does not include the primary residence of a grantor. Title to the property hereinabove described was acquired by the Grantor by instrument recorded in Book 428, Page 572, Chowan County Registry. 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. Grantor covenants to and with Grantee that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever, subject to the exceptions hereinafter stated: 1. Ad valorem taxes for the year 2017 and subsequent years. 2. Easements of record. 3. Any local, county, state, or federal laws, ordinances. or regulations relating to zoning, environment, subdivision, occupancy, use, construction, or development of the subject property. 4. Restrictive covenants and the amendments thereto, if any, of record in the aforesaid Public Registry. Book 498 Page 317 IN WITNESS WHEREOF the said Grantor has hereunto set its hand and seal on the day and the year first above written. GSM Properties. LLC (SEAL) G. Scott MA56ughlin Member -Manager STATE OF NORTH CAROLINA, COUNTY OF TYRRELL I, SEAS a r+ /q ins t� a Notary Public of the County and State aforesaid, do hereby certify that G. Scott McLaughlin, member/manager of GSM Properties, LLC, a limited liability company, personally appeared before me this day and acknowledged the due execution of the foregoing instrument on behalf of the company. St '+4ywTi Witness my hand and official stamp or seal this I day of;*12017. My commission expires: (.f %(Q (SE NOT PUBA cY A1C11111110%0l����``� 4'tw'Ell Notary Public Filed. 08130/2017 0101:14 PM Lynn C. Gilliard, Register of Deeds Chowan County, NC Revenue Tax: $4,951.00 Land Transfer Tax: $24,753.00 Book 09w- 318 (a) w ..i, 111111111110111111 NORTH C_AROLINA Delinquent taxes, if any, to be paid by the CHOWAN COUNTY q R 5) • o a closing attorney to the county tax collector Excise Tax (.2%): $4,9$1.00 upon disbursement of closing proceeds. Land Transfer Tax (1%): $24,753.00 Parcel 11: 781300916844 & 781300911830 Prepared by: Windy H. Rose, Attorney at Law, P. x 54, Columbia, NC 27925 Return to: Windy H. Rose, Attorney at Law, P.O. ox 54, Columbia, NC 27925 NORTH CAROLINA GENERAL WARRANTY DEED 140 Midway Drive 7.63 Ac. +/- Off Midway Drive 2.42 Ac. +/- This DEED is made on this the i day of lulu. 2017 by and between: GRANTOR: ALB Boats, Inc., formerly known as Albemarle Boats, Inc., 8930 Hwy 39 South, Zebulon, NC 27597 GRANTEE: Edenton Real Estate Holdings, LLC, 5752 South US Highway 117, Wallace, NC 28466 The designation of 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 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 of that certain lot or parcel of land situated in the Fourth Township, Chowan County, North Carolina described as follows: TRACT ONTE: 140 Midway Drive, Edenton, Chowan County, North Carolina 27932, Chowan County Parcel 4781300916844: All that certain 7.63 acre tract or parcel of land lying and being in Fourth Township, Chowan County, North Carolina as delineated on that certain map or plat entitled "Albemarle Boats, Inc., Fourth Township, Chowan County, North Carolina", dated February 16, 2005 made by Josiah A. Webb, III, P.L.S. No. L-2989 recorded in Plat Cabinet 2, Slide 191of the Chowan County Public Registry, incorporated by reference herein. Same being a portion of Parcel Two, 10.046 acres as shown and delineated on that certain map or plat entitled "Edenton-Chowan Development Corporation, Fourth Township, Chowan County, North Carolina", dated May 22, 2000 made by Josiah A. Webb, I1I, P.L.S. No. L-2989 recorded in Plat Cabinet 1, Slide 190A, Chowan County Public Registry. The 1.25 acre waterfront portion of said tract and parcel herein conveyed being SUBJECT TO the terms, conditions and restrictions of that "Declaration of Covenants and Restrictions for Conservation of Waterfront Property" declared by the Edenton-Chowan Development Corporation in favor of the State of North Carolina and recorded in Book 266, Page 262 of the Chowan County Registry, and being delineated as "Consen-ation Easement to the State of North Book 498 Page 319 Carolina - 1.25 Acres Portion Of Total Tract on that certain plat recorded in Plat Cabinet 2, Slide 19H of the Chowan County Public Registry. Said 1.25 acre is a portion of the 2.179 acre waterfront portion of Parcel Two delineated as "Conservation Easement to the State of North Carolina - 2.179 acres portion of Parcel Two" on that certain plat of record in Plat Cabinet 1. Slide 190A, Chowan County Public Registry. The tract and parcel herein conveyed is also conveyed TOGETHER WITH and SUBJECT TO that certain 20 foot wide sewer easement as shown on plat in Plat Cabinet 2, Slide 19H of the Chowan County Public Registry and as further shown on the plat recorded in Plat Cabinet 1. Slide 121 E of the Chowan County Public Registry. The center line of this sewer easement is also shown on plat entitled "EDENTON-CHOWAN DEVELOPMENT CORPORATION" prepared by Josiah A. Webb, III, R.L.S., dated March 22. 1999 and recorded in Plat Cabinet 1. Slide 180A in the Office of the Register of Deeds for Chowan County. TOGETHER WITH (BUT SUBJECT TO THE EXCEPTION HEREIN) a general easement and right of way providing ingress, egress and regress to and from the 7.63 acre tract or parcel of land herein conveyed and N.C. State Road 91119 (Midway Drive) across the existing roadways on Parcel One 1.909 acres as shown on the plat in Plat Cabinet 1, Slide 190A of the Chowan County Public Registry. Said general easement and right of way having been acquired by the Edenton-Chowan Development Corporation in a Deed from Waff Contracting, Inc. recorded September 7.2000 in Deed Book 266, Page 249 of the Chowan County Public Registry. Said general easement and right of way across the Parcel One as shown on the plat in Plat Cabinet 1. Slide 190A of the Chowan County Public Registry shall at all times be of sufficient maintained width to provide access by the largest of industrial -type highway licensed vehicles and by any off highway type industrial vehicles utilized on Parcel Two as shown on the plat of record in Plat Cabinet 1, Slide 190A of which the 7.63 acre tract or parcel of land herein conveyed is a portion. TOGETHER WITH (BUT SUBJECT TO THE EXCEPTION HEREIN) a right of way and easement of ingress. egress, provision of utilities and all other lawful purposes extending from the western margin of the right of way of N.C. State Road #1119 to Parcel One [Plat Cabinet 1, Slide 190A of the Chowan County Public Registry] shown and designated as 'Private R/W 30" on the inset on plat entitled "EDENTON-CHOWAN DEVELOPMENT CORPORATION" prepared by Josiah A. Webb, III, R.L.S. dated March 22, 1999 and recorded in Plat Cabinet 1, Slide 180A in Chowan County Public Registry. TOGETHER WITH (BUT SUBJECT TO THE EXCEPTION HEREIN) a right of way and easement for ingress, egress, provision of utilities and other services and all other lawful purposes extending from the western margin of the right of way of N.C. State Road #1119 to Parcel One [Plat Cabinet 1, Slide 190A of the Chowan County Public Registry] shown and designated as 'Private R/W 50" on plat entitled "EDENTON-CHOWAN DEVELOPMENT CORPORATION' prepared by Josiah A. Webb, III. R.L.S., dated March 22, 1999 and recorded in Plat Cabinet 1, Slide 180A in the Chowan County Public Registry. HOWEVER AND EXCEPTING, retained rights of Edenton-Chowan Development Corporation to the described general easement and right of way providing ingress, egress, and regress across existing roadways on Parcel One 1.909 acres as shown on the same plat above referenced, for the specific purpose of administering and maintaining the terms and conditions of the above described conservation easement on the 2.179 acre waterfront portion of Parcel Two as shown on the plat of record in Plat Cabinet 1. Slide 190A of the Chowan County Public Registry which expressly includes the 1.25 acres of said conservation easement on the 7.63 acre tract and parcel herein conveyed. TRACT TWO: Off Midway Drive, Edenton, Chowan County, North Carolina 27932, Chowan County Parcel #781300911830: All that certain tract or parcel of land lying and being in Fourth Township, Chowan County. North Carolina and being an area comprising Parcel Two. 10.046 acres as shown and delineated on that certain plat entitled "Edenton-Chowan Development Corporation, Fourth Township. Chowan County, North Carolina". dated May 22. 2000 prepared by Josiah A. Webb, III, R.L.S. No. L-2989 recorded in Plat Cabinet 1, Slide 190A, Chowan County Public Registry LESS AND EXCEPT that certain 7.63 acre tract or parcel of land lying and being in Fourth Township, Chowan County, North Carolina as delineated on that certain map or plat entitled "Albemarle Book 498 Page 320 Boats, Inc.. Fourth Township, Chowan County, North Carolina", dated February 16, 2005 prepared by Josiah A. Webb, III. R.L.S. No. L-2989 recorded in Plat Cabinet 2, Slide 19H of the Chowan County Public Registry (incorporated by reference herein) previously conveyed by Edenton-Chowan Development Corporation to Albemarle Boats, Inc. by North Carolina General Warranty Deed dated March 1. 2005 duly filed for record in the Chowan County Public Registry The waterfront portion of said tract and parcel as described in and being SUBJECT TO the terms, conditions and restrictions of that "Declaration of Covenants and Restrictions for Conservation of Waterfront Property" declared by the Edenton-Chowan Development Corporation in favor of the State of North Carolina and recorded in Book 266, Page 262 of the Chowan County Registry, and being delineated as "Conservation Easement to the State of North Carolina - 2.179 acres portion of Parcel Two" on that certain plat of record in Plat Cabinet 1. Slide 190A, Chowan County Public Registry. The tract and parcel herein conveyed is also conveyed SUBJECT TO that certain 20-foot wide sewer easement as shown on plat in Plat Cabinet 2. Slide 19H of the Chowan County Public Registry and as further shown on the plat recorded in Plat Cabinet 1, Slide 121E of the Chowan County Public Registry. The center line of this sewer easement is also shown on plat entitled "EDENTON-CHOWAN DEVELOPMENT CORPORATION" prepared by Josiah A. Webb, III, R.L.S., dated March 22, 1999 and recorded in Plat Cabinet 1. Slide 180A in the Office of the Register of Deeds for Chowan County. HOWEVER AND EXCEPTING, retained rights of Edenton-Chowan Development Corporation to the general easement and right of way providing ingress, egress and regress across existing roadways on nearby Parcel One on the plat recorded in Plat Cabinet 1, Slide 190A, for the specific purpose of administering and maintaining the terms and conditions of the aforementioned "Declaration" as it restricts the Property herein described. Title to the property hereinabove described was acquired by the Grantor by instrument recorded in Book 334, Page 617 and Book 408, Page 588, Chowan County Registry. 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. Grantor covenants to and with Grantee that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever, subject to the exceptions hereinafter stated: 1. Ad valorem taxes for the year 2017 and subsequent years. 2. Easements of record. 3. Any local, county, state, or federal laws, ordinances. or regulations relating to zoning, environment, subdivision, occupancy, use, construction, or development of the subject property. 4. Restrictive covenants and the amendments thereto, if any, of record in the aforesaid Public Registry. Book 498 Page 321 IN WITNESS WHEREOF the said Grantor has hereunto set its hand and seal on the day and the year first above written. ALB Boats, Inc. BY: (SEAL) G. Scott Mc ghlin, President STATE OF NORTH CAROLINA, COUNTY OF TYRRELL: I, s s. n A A 5 a Notary Public of the County and State aforesaid, do hereby certify that G. Scott McL utI ghlin personally appeared before me this day and acknowledged that he is President of ALB Boats, Inc. a corporation, and that he, as President, being authorized to do so, executed the foregoing instrument on behalf of the corporation. st pma"s 1— Witness my hand and official stamp or seal this I day of duly, 2017. My commission expires: (c � 7L4) 17 (SEALk\�\-k4vrlii N A /Hs` PUBLIC IC = ifrflOW Notary Public CROSS SECTION DETAIL BOAT BASIN BREAKWATER ALBEMARLE BOATS MIDWAY DRIVE, EDENTON, NC PERQUIMANS COUNTY EXISTING CORRUGATED STEEL BULKHEAD WITH CUT BREAKWATER SLOTS UPLAND A- NATURAL GROUND LEVEL LANDWARD OF REVETMENT B - RIPRAP REVETMENT C - SAND LEVEL OUTSIDE OF BASIN, WESTWARD OF BREAKWATER D - NWL INSIDE OF BASIN, EASTWARD OF BREAKWATER E - SAND LEVEL INSIDE OF BASIN, EASTWARD OF BREAKWATER F - NWL OUTSIDE OF BASIN, WESTWARD OF BREAKWATER G - TOP OF PIER WALKWAY H - NORMALALBEMARLE SOUND WATER LEVEL I - EXISTING BOTTOM OF SOUND J - SAND COVERAGE OF BREAKWATER SLOTS OPEN TO INSIDE BASIN WAVE ACTION - 80 FT (NTS) K - STEEPER SLOPE OF OUTSIDE SAND LEVEL TO NWL, OPEN SLOTS EVEN WITH SAND LEVEL & LANDWARD OF NWL, SUBJECT TO OUTSIDE WAVE ACTION - 22 FT TO NWL (NTS) L - NWL TO END OF BREAKWATER - 74 FT (NTS) M - PROPOSED COVERAGE OF 74 BREAKWATER SLOTS - 114 FT, (NTS) N - UNDISTURBED SLOTS TO END OF BREAKWATER - 62 FT (NTS) O - BOTTOM LEVEL INSIDE BASIN AFTER MAINTENANCE DREDGING FOOT OF BREAKWATER TO NWL - 102 FT --ADDITIONAL PROPOSED COVERAGE OF SLOTS - 12 FT NWL TO END OF BREAKWATER - 74 FT BK0266PG0262 STATE OF NORTH CAROLINA COUNTY OF CHOWAN Filed for Record in the a-ce; cif the 'Register *feQGeh.clo.v-.0 C01i e 1Q , r � at _:n ahe and RE,:" 1,Z/w...... D_E!,D, in . � M_ Book No.---�. I.��Pryf>vAir .- 9 Susan S`ouna, e -L. r of eeiis _1_ r1l DECLARATION OF COVENANTS AND RESTRICTIONS For Conservation of Waterfront Property THESE RESTRICTIVE COVENANTS ("Restrictive Covenants") are made on this 3/= day of Ot(46(f7 , 2000, by and between EDENTON-CHOWAN DEVELOPMENT CORPORATION, with an address at PO Box 241, Edenton, NC 21932 ("Grantor") and the STATE OF NORTH CAROLINA, with its address c/o State Property Office, 1321 Mail Service Center, Raleigh, NC 27699-1321 ("State" or "Grantee"), acting solely through the North Carolina Clean Water Management Trust Fund, with its address at IN 2313-B Executive Park Circle, Greenville, NC 27834 ("Fund"). A RECITALS & CONSERVATION PURPOSES �i A. Grantor is the sole owner in fee simple of a parcel of a property being "ZI approximately 2.179 acres immediately adjacent to the Albemarle Sound in Chowan County, State of North Carolina and being all of that certain tract as more particularly described in Exhibit A attached hereto and by this reference incorporated herein ("Property"); and phi B. The Clean Water Management Trust Fund ("Fund") is an agency of the State• of North Carolina ("State") and is authorized by Article 13A, Chapter 113 of the General Statutes of North Carolina ("N.C.G.S.") to fmance projects and to acquire land and interests in land, including conservation easements for riparian buffers for the purposes of providing environmental protection for surface waters and urban drinking water supplies and establishing a network of riparian greenways for environmental, educational, and recreational uses; and C. Grantor previously received a grant from the Fund for acquisition of a larger encompassing tract of real property in consideration of which Grantor has agreed that the Property will be conserved and managed (including conducting any additional work consistent with this Declaration) in a manner that will protect the quality of the waters of Albemarle Sound and otherwise promote the public purposes authorized by Article 13A, Chapter 113 of the N.C.G.S. D. In order to ensure such conservation and management of the Property, the Fund has required Grantor to grant State a conservation easement, which must be approved by the Council of State and duly recorded (the "Conservation Easement"); and E. Grantor has delivered to the Fund said Conservation Easement, however it has not been approved by the Council of State, and F. Fund and State require Grantor to record these restrictive covenants to ensure appropriate conservation and management of the Property until such time as the Conservation Easement is recorded. NOW, THEREFORE, in coBsKid-eratioon6 ii P3eihi;'es and the mutual benefits recited herein, together with other good and valuable consideration to Grantor and to the State as protector of the public interests it promotes, the Grantor hereby adopts and declares the Property subject to the restrictions hereinafter set forth, the purposes which are to provide environmental protection for surface waters and to protect the wildlife and natural heritage values of the Property. ARTICLE I. DURATION OF RESTRICTIVE COVENANTS These foregoing covenants and restrictions shall be construed to be covenants running with the land and, with any amendments made pursuant to Section VI.E. herein, shall be binding and effective until January 1, 2095, at which time they shall be automatically extended for successive periods of five (5) years; provided that these restrictions and covenants may be terminated at any time by recordation of an instrument of termination executed by Grantor and State or by recordation by Grantor of a conservation easement covering the Property and naming as grantee the State or its designee. ARTICLE II. RIGHTS RESERVED TO GRANTOR Grantor reserves certain rights accruing from ownership of the Property, including the right to engage in or permit others to engage in uses of the Property that are not inconsistent with the purpose(s) of these Restrictive Covenants. The following rights are expressly reserved: (A) To engage in passive recreational uses of the Property (requiring no surface alteration of the land and posing no threat to conservation values), including, without limitation, walking, fishing, or animal and plant observation; and, (B) To allow public access to the property for the purpose of conducting educational tours, scientific study, maintenance of the Property and any other purpose consistent with maintaining the conservation value. (C) To conduct any additional work on the property consistent with this Declaration. Notwithstanding the foregoing, Grantor and Grantee have no right to agree to any activity that would result in the termination of this Conservation Easement. ARTICLE III. PROHIBITED AND RESTRICTED ACTIVITIES Any activity on, or use of, the Property inconsistent with the purposes of these Restrictive Covenants is prohibited. The Property shall be maintained in its natural, scenic, wooded and open condition and restricted from any development or use that would impair or interfere with the conservation purposes of these Restrictive Covenants set forth above. Without limiting the generality of the foregoing, the following activities and uses are expressly prohibited or restricted. A. Industrial and Commercial Use. Industrial and commercial activities and any right of passage for such purposes are prohibited. BK0266PG026 B. Agricultural Timber Harvesting Grazm an Horticultural Use. Agricultural, timber harvesting, grazing, horticultural and animal husbandry operations are prohibited. C. Disturbance of Natural Features, Plants and Animals. There shall be no cutting or removal of any trees or shrubs, nor disturbance of any existing vegetation, nor disturbance of any natural features except as incidental to construction and maintenance of nature trails and public access allowed hereunder. Fishing may be allowed pursuant to applicable State and local rules and regulations. No hunting shall be allowed from the Property D. Construction of Buildings and Recreational Use. There shall be no constructing or placing of any structure, building, mobile home, asphalt or concrete or any other impervious pavement, billboard or other advertising display, antenna, utility pole, tower, conduit, line, pier landing, dock or any other temporary or permanent structure or facility on or above the Property except for: structures consistent with the purpose of the Conservation Easement and approved in advance of construction by the Grantee in writing; the placing and display of. no trespassing signs; local, state or federal traffic or similar information signs; for sale or lease signs; fencing; signs identifying the conservation values of the Property, and/or signs identifying the Grantor as owner of the Property, the conservation purposes to which it is restricted and that the State is the source of funding for the acquisition of this Property; educational and interpretative signs; identification labels; or any other similar temporary or permanent signs reasonably satisfactory to the Fund and approved in advance of placement by the Grantee in writing E. Mineral Use, Excavation, Dredging. There shall be no filling, excavation, dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals or other materials, and no change in the topography of the land in any manner except as approved in advance in writing by the Grantee as necessary for the purpose of combating erosion or incidental to any conservation management activities otherwise permitted in these Restrictive Covenants. F. Wetlands and Water Quality. There shall be no pollution or alteration of water bodies and no activities on the Property that would be detrimental to water purity or that would alter natural water levels, drainage, sedimentation and/or flow in or over the Property or into any surface waters, or cause soil degradation or erosion nor diking, dredging, alteration, draining, filling or removal of wetlands, except activities to restore natural hydrology or wetlands enhancement as permitted by State and any other appropriate authorities. G. Dumping. Dumping of soil, trash, ashes, garbage, waste, abandoned vehicles, appliances, or machinery, or other materials on the Property is prohibited. H. Conveyance and Subdivision. The Property may not be subdivided, partitioned, nor conveyed except in its current configuration as an entity or block of property. ARTICLE IV. ENFORCEMENT AND REMEDIES A. Enforcement. To accomplish the purposes of these Restrictive Covenants, Grantee is allowed to prevent any activity on or use of the Property that is inconsistent with the purposes of these Restrictive Covenants and to require the restoration of such areas or features of the Property that may have been damaged by such activity or use. Upon any breach of the terms of these Restrictive Covenants by Grantor that comes to the attention of the State, the State shall notify the Grantor in writing of such breach. The Grantor shall have ninety (90) days after receipt of such notice to begin undertaking actions that are reasonably calculated to correct promptly the conditions cotdtitldtg sch`brh6f the breach remains uncured after ninety (90) days, the State may enforce these Restrictive Covenants by appropriate legal proceedings including damages, injunctive and other relief The State shall also have the power and authority: (a) to prevent any impairment of the Property by acts which may be unlawful or in violation of these Restrictive Covenants; (b) to otherwise preserve or protect its interest in the Property; or (c) to seek damages from any appropriate person or entity. The rights and remedies of the State provided hereunder shall be in addition to, and not in lieu of all other rights and remedies available to the State in connection with this Declaration of Covenants and Restrictions, including, without limitation, those set forth in the Grant Agreement under which these Restrictive Covenants were obtained. B. Inspection State, its employees and agents and its successors and assigns, have the right, with reasonable notice, to enter the Property at reasonable times for the purpose of inspecting the Property to determine whether the Grantor, Grantor's representatives, or assigns are complying with the terms, conditions and restrictions of these Restrictive Covenants. C. Acts Beyond Grantor's Control Nothing contained in these Restrictive Covenants shall be construed to entitle State to bring any action against Grantor for any injury or change in the Property caused by third parties, resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken in good faith by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to life, damage to property or harm to the Property resulting from such causes. D. Cost of Enforcement Any cost incurred by Grantee in enforcing the terms of these Restrictive Covenants against Grantor, including, without limitation, any cost of restoration necessitated by Grantor's acts or omissions in violation of the terms of these Restrictive Covenants, shall be borne by Grantor. E. No Waiver. Enforcement of the Restrictive Covenants shall be at the discretion of the Grantee and any forbearance by Grantee to exercise its rights hereunder in the event of any breach of any term set forth herein shall not be deemed or construed to be a waiver by Grantee of such term or of any subsequent breach ofthe same or of any other term of these Restrictive Covenants or of Grantee's rights. No delay or omission by Grantee in exercise of any right or remedy shall impair such right or remedy or be construed as a waiver. ARTICLE V. DOCUMENTATION AND TITLE A. Property Condition. The parties acknowledge that the Property is currently undeveloped land, with no improvements, other than as described in Exhibit A, and easements and rights of way of record. B. Title. The Grantor covenants and represents that the Grantor is the sole owner and is seized of the Property in fee simple and has good right to establish the aforesaid; that there is legal access to the Property, and that except as otherwise approved by Grantee and noted by reference herein, the Property is free and clear of any and all encumbrances except easements of record which will not nullify, impair or limit in any way the terms or effect of these Restrictive Covenants, and an acquisition Deed of Trust; Grantor shall defend its title against the claims of all persons whomsoever, and Grantor covenants that the State shall have the benefit of all of the benefits derived from and arising out of the aforesaid Restrictive Covenants. BK0266PG0266 ARTICLE VI. MISCELLANEOUS A. Subsequent Transfers. Grantor and Grantee acknowledge that Grantor has heretofore granted the Lessee of the Property and underlying larger tract of real property an option to purchase the Property subject to these Restrictive Covenants and the Conservation Easement. Grantor agrees for itself, its successors and assigns, to notify State in writing of the names and addresses of any party to whom the Property or any part thereof is to be transferred at or prior to the time said transfer is consummated. Any transferee or assignee of the Property shall take title subject to these Restrictive Covenants and subject to Grantor's obligation to grant State the conservation easement as set forth herein, and shall perform all such acts as shall be necessary to effect the transfer. Grantor, for itself, its successors and assigns, further agrees to make specific reference to these Restrictive Covenants in a separate paragraph of any subsequent lease, deed or other legal instrument by which any interest in the Property is conveyed. In the event of transfer of the property subject to this Conservation Easement, Grantor may reserve for itself such easement rights as it considers necessary. B. Extinguishment. In the event this Conservation Easement is extinguished as the result of a final judicial proceeding in the nature of the assertion of an imminent domain claim, the Grantor shall be entitled to share in the net proceeds resulting from the extinguishment in amounts equal to the proportionate value that the Conservation Easement, at the time of its execution, bears to the property as a whole at that time. C. Conservation PjgWse. (1) The parties hereto recognize and agree that the benefits of these Restrictive Covenants are in gross and assignable, provided, however that the Grantee hereby covenants and agrees, that in the event it transfers or assigns its interest in these Restrictive Covenants, the organization receiving the interest will be a qualified organization as that term is defined in Section 170(h)(3) of the Internal Revenue Code of 1986 (or any successor section) and the regulations promulgated thereunder, which is organized or operated primarily for one of the conservation purposes specified in Section 170(h)(4)(A) of the Internal Revenue Code, and the Grantee further covenants and agrees that the terms of the transfer or assignment will be such that the transferee or assignee will be required to continue to carry out in perpetuity the conservation purposes that the contribution was originally intended to advance, set forth in the Recitals herein. (2) Unless otherwise specifically set forth in these Restrictive Covenants, nothing herein shall convey to or establish for the public a right of access over the Property. D. Recording. State shall record this instrument and any amendment hereto in timely fashion in the official records of Chowan County, North Carolina, and may re-record it at any time as may be required to preserve its rights or the rights and interests of the State. E. Notices. All notices, requests or other communications permitted or required by this Agreement shall be sent by registered or certified mail, return receipt requested, addressed to the parties as set forth above, or to such other addresses such party may establish in writing to the other. All such items shall be deemed given or made three (3) days after being placed in the United States mail as herein provided. In any case, where the terms of these Restrictive Covenants require the consent of any party, such consent shall be requested by written notice. Such consent shall be deemed denied unless, within ninety (90) days after �8 o2 6�Pc1261 receipt of notice, a written notice o a prova an the reason therefore has been mailed to the party requesting consent. F. Amendments. Grantor shall not amend these Restrictive Covenants except with the consent of the State. Any amendment(s) shall be effective upon recording in the public records of Chowan County, North Carolina. G. Environmental Condition of Property. The Grantor warrants, represents and covenants to the State that to the best of its knowledge after appropriate inquiry and investigation that: (a) the Property described herein is and at all times hereafter will continue to be in full compliance with all federal, state and local environmental laws and regulations, and (b) that Grantee is unaware of any hazardous materials, wastes, or other environmentally regulated substances, or other adverse environmental conditions in, on or under the Property, and the Grantor will not allow such uses or conditions. H. Entire Agreement. This instrument and the Conservation Easement sets forth the entire agreement of the parties with respect to the Restrictive Covenants and supersedes all prior discussions, negotiations, understandings or agreements relating to the Restrictive Covenants. If any provision, or portion thereof is found to be invalid, the remainder of the provisions of these Restrictive Covenants and portions thereof, and the application of such provision and portion thereof to persons or circumstances other than those as to which it is found to be invalid, shall not be affected hereby, and shall be fully valid and enforceable to the fullest extent and duration allowed by applicable law. The party(ies) hereto intends this document to be an instrument executed under seal. If any party is an individual, partnership or limited liability company, such party hereby adopts the word "SEAL" following his/her signature and the name of the partnership or limited liability company as his/her/its legal seal. The Recitals set forth above and the Exhibits attached hereto are incorporated herein by reference. 1. Indemnity. The Grantor agrees to the fullest extent permitted by law, to defend, protect, indemnify and hold harmless the State from and against all claims, actions, liabilities, damages, fines, penalties, costs and expenses suffered as a direct or indirect result of any violation of any federal, state, or local environmental or land use law or regulation or of the use or presence of any hazardous substance, waste or other regulated material in, on or under the Property. J. Interpretation. These Restrictive Covenants shall be construed and interpreted under the laws of the State of North Carolina, any ambiguities herein shall be resolved so as to give maximum effect to the conservation purpose sought to be protected herein. K. Parties. Every provision of these Restrictive Covenants that apply to the Grantor or to the Grantee shall likewise apply to their respective successors, assigns and grantees and all other successors in interest herein. L. Mereer. The parties agree that the terms of these Restrictive Covenants shall survive any merger of the fee and easement interest in the Property. M. Subsequent Liens. No provisions of these Restrictive Covenants shall be construed as impairing the ability of Grantor to use this Property for collateral for borrowing purposes, provided that any mortgage or lien arising therefrom shall be subordinated to these Restrictive Covenants. BK0266PGO268 IN WITNESS WHEREOF, Grantor, by authority duly given, has hereunto caused these presents to be executed by their respective officers and its seal affixed, to be effective the day and year first above written. GRANTOR: ENTON OWAN DEVELOPMENT CORPORATION By: Title: Chairman, Board of Directors ATTEST: [SEAL] Title: Secretary, Board of Directors serlZ. STATE OF NORTH CAROnLINA � PC — COUNTY OF CM U I MANS I, Cbr r i e Notary Public, do hereby certify that 5YEL E" personally came befo me this day and acknowledged that he/she is Secretary of th EDENTON CHOWAN DEVELOPMENT CORPORATION, a North Carolina corporation and that by authority duly given and as the act of the corporation the foregoing instrument was signed in its name by the Chairman, Board of Directors, sealed with its corporate seal, and attested by him as its Secretary. Witness my hand and notarial seal, this the. �day of Pr UGt SST , 2000, 0an) c a r) - h- L' Oc Notary Public My commission expires: STATE OF NORTH CAROLINA CROWAN COUNTY The foregoing certificate(X) of CARRIE D. BRIDGERS be correct. This ?Nay of SEPTEMBER 2000. SUSAN S. ROUNTREE Register of Deeds 1,Y y , 0 DEPUTY REGIOTER OF DEEDS RECORDED & VERIFIED: SEE ATTACHMENT PAGE #269 UQ�'apTAlq j„ �. QN 1 `, 'CU .\G i ? y p�p,,gNS1GO0,,,°• Notaries Public,�sPc Alffed �oS OF NC T,.4TE 890266PG0269 EXHIBIT A All that certain lot or parcel of land situated in Fourth Township, Chowan County, NC owned by the Edenton-Chowan Development Corporation and as shown on a survey map as "2.179 acres Portion of Parcel Two" subject to a "Conservation Easement to State of North Carolina"; said map prepared by Josiah A. Webb, III, RLS # L-2989 dated May 22, 2000 and recorded in Plat Cabinet 1, Slide 190A of the Chowan County Registry; and more particularly described as: Beginning at an existing iron pin being the southwest corner of the public 60 ft. right of way of NCSR 1119 "Midway Drive" where State Maintenance of said road ends and being the northwest corner of land now or formerly owned by Union Camp Corporation; from said beginning point following a computed bearing of South 78 degrees 19 minutes 44 seconds West and a distance of 293.50 feet to the POINT AND PLACE OF BEGINNING being a set iron pin lying in the boundary between Parcel One and Parcel Two of said survey map; running from said POINT AND PLACE OF BEGINNING along said boundary the following courses and distances: South 06 degrees 58 minutes 03 seconds West 91.29 feet to a point being a set iron pin; South 06 degrees 58 minutes 03 seconds West 28.71 feet to a point at the edge of the Albemarle Sound; running thence westerly,along the shoreline of the Albemarle Sound as it now exists the following courses and distances: North 76 degrees 26 minutes 34 seconds West 126.39 feet to a point; North 88 degrees 1 I minutes 18 seconds West 206.87 feet to a point; North 88 degrees 39 minutes 37 seconds West 229.63 feet to a point; South 85 degrees 25 minutes 15 seconds West 257.98 feet to a point; running thence along the boundary between Parcel Two and Parcel Three the following courses and distances: North 06 degrees 56 minutes 10 seconds East 50.69 feet to a point being an existing metal fence post; North 06 degrees 56 minutes 10 seconds East 240.31 feet to a point being a set iron pin; running thence the following courses and distances: North 85 degrees 25 minutes 15 seconds East 118.76 feet to a point being a set iron pin; South 06 degrees 56 minutes 10 seconds West 209.71 feet to a point being a set iron pin; South 88 degrees 26 minutes 12 seconds East 550.00 feet to a point being a set iron pin; North 06 degrees 58 minutes 03 seconds East 49.60 feet to a point being a set iron pin; South 76 degrees 26 minutes 34 seconds East 150.00 feet to the set iron pin being the POINT AND PLACE OF BEGINNING; being 2.179 acres as shown on the aforementioned recorded map. N.C. DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION (MAJOR PERMIT) CERTIFIED MAIL RETURN RECEIPT REQUESTED or HAND DELIVERED June 03, 2023 Date Edenton-Chowan Partnership, Inc. Name of Adjacent Riparian Property Owner 101 West Water Street Address Edenton, NC 27932 City, State Zip To Whom It May Concern: This correspondence is to notify you as a riparian property owner that I am applying for a CAMA Major permit to repair and modify 114 feet of an existing boat basin breakwater, and construct a 105-ft riprap revetment on shoreline on my property at Albemarle Boats, 142 and 142C Midway Drive, Cape Colony Subdivision, Edenton, NC 27932 in Chowan County, which is adjacent to your property. A copy of the application and project drawing is attached/enclosed for your review. If you have no objections to the proposed activity, please mark the appropriate statement below and return to me as soon as possible. If no comments are received within 30 days of receipt of this notice, it will be considered that you have no comments or objections regarding this project. If you have objections or comments, please mark the appropriate statement below and send your correspondence to: Ms. Cynthia Rountree, NC CAMA Officer, 401 S. Griffin Street, Suite 300, Elizabeth City, NC 27909. If you have any questions about the project, please do not hesitate to contact me at my address/number listed below, or by email at: ken@kenobz.com. Sincerely, Kenneth Elliott, for Edenton Real Estate Holdings, LLC 252-339-9021 / ken@kenobx.com Property Owner's Name Telephone Number / Email Address PO Box 112, Aydlett, NC 27916 Address City State I have no objection to the project described in this correspondence. I have objection(s) to the project described in this correspondence. Adjacent Riparian Sig aturc Date Edenton-Chowan Partnership, Inc. Print or Type Name 101 West Water Street, Edenton, NC 27932 Address City 252-482-2007 Telephone Number State Zip Revised July 2021 ■ CERTIFIED Mi Domestic Mail Only G C "Imad Md FW LJ! E- US 9MNE!! & FM P'mx bm rld llwp-- ©pwgr /rawrN4 r-q ❑FAMM muft " PeWmelk 0 0 ❑prurYrat..rleraortiw� i Firs. oA .•> .d Tracking Number: 70219950400155035474 0 �°' o.,n"rq f '- Copy Add to Informed Delivery [https:llinform eddeliver ru Edenton-Chowan PTP, Inc. Roland vaughan, Director ,•: lcl west water Street Edenton, NC 27932 Latest Update Your item was delivered to an individual at the address at 3:58 pm on June 7. 2023 in EDENTON, NC 27932. Get More Out of LISPS Tracking: LISPS Tracking Plus4 S Delivered Delivered, Left with Individual EDENTON, NC 27932 June 7, 2023. 3:58 pni Available for Pickup EDENTON 100 N BROAD ST EDENTON NC 27932-9998 M-F 0830-1700 June 7, 2023, 9:26 am Out for Delivery EDENTON, NC 27932 June 7, 2023, 8:03 am Arrived at Post Office EDENTON, NC 27932 June 7, 2023, 7:52 am Departed ASPS Regional Facility ROCKY MOUNT NC DISTRIBUTION CENTER June 7, 2023, 4:47 am Arrived at LISPS Regional Facility ROCKY MOUNT NC DISTRIBUTION CENTER June 6, 2023, 11:16 pm Departed USPS Regional Facility RALEIGH NC DISTRIBUTION CENTER June 6, 2023, 8:57 pm Arrived it USPS Regional Facility RALEIGH NC DISTRIBUTION CENTER June 5, 2023, 11:20 pm Departed Post Office WiLLIAMSTON, NC 27892 June 5, 2023, 5:03 pm USPS in possession of item WILLIAMSTON, NC 27892 June 5. 2023. 8:53 am Hide Tracking History Track Mother Package Enter tracking or barcode numbers See More \/ Need More Help? Contact USPS Tracking support for further assistance. FAQs June 03, 2023 Elliott Consulting 202 Elliott Road, PO Box 112 Aydlett, North Carolina 27916 Edenton-Chowan Partnership, Inc. Phone: 252-339-9021 Roland Vaughan, Director 101 West Water Street Edenton, NC 27932 Dear Adjacent Owner: I am writing to you on behalf of Edenton Real Estate Holdings, LLC, 5752 US Hwy. 117, Wallace, NC 28466, owner of two parcels at 142 and 142C Midway Drive, Edenton, NC 27932, who is applying for an NC Division of Coastal Management CAMA Major Permit #44-01 Modification for a construction project to repair and modify the Edenton Boats boat basin. The applicant's two parcels are adjacent and riparian to your property at 140 Midway Drive. The specifics of the proposed work are in the enclosed application forms, drawings, and narrative. Intended work requiring approval from NC Coastal Management includes: • Repair and cover breakwater slots along 114 feet of the western breakwater wall of the boat basin, which have allowed sand to migrate to the interior of the boat basin and causing shoaling. • Construct a 16-ft wide rip rap and concrete revetment along a 105-ft long section of the northwest non - stabilized shoreline inside the boat basin. As an 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. Please review the attached riparian owner notification statement form, narrative, and drawings. If you have no objections to the project, please indicate as such at the bottom of the enclosed owner's statement and then return the statement to my office in the enclosed self-addressed stamped envelope. If it would be more convenient, you can also scan and email the signed form to my office at ken@kenobx.com. Should you have any objections to this proposal, please send your written comments to Ms. Cynthia Rountree, NCDEQ Division of Coastal Management, 401 S. Griffin St., Suite 300, Elizabeth City, NC 27909 within 30 days of your receipt of this notice. Such comments will be considered by the Division 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 252-339-9021, or e-mail me at ken(a),kenobx.com. Mr. Burch Perry, General Manager of Albemarle Boats, can also be reached at his office at 252-482-7423 or by email at BPerry@albemarleboats.com. Edenton Real Estate Holdings appreciates your consideration of this project. Thank you, (� - (FL " _- -.= i - Ken Elliott Elliott Consulting 06/03/2023 Albemarle Boats Breakwater & Shoreline Project Modification of CAMA Major Permit #44-01 Project Narrative Edenton Real Estate Holdings, LLC is applying to the NC Division of Coastal Management to modify an existing breakwater at the Albemarle Boats manufacturing facility boat basin for improved stability of the basin and improved access by large boats inside the basin as it was originally designed. Historically, CAMA permitting allowed Albemarle Boats to construct the basin to provide a depth of -8 NWL for its 275-ft width. However, approximately 100 feet of the basin width on the western side has continuing problems with siltation entering the basin through a series of breakwater slots in the western wall of the basin, which causes the need for repeated maintenance dredging of the basin. In an effort to alleviate the maintenance frequency and prolong the basin performance, Edenton Real Estate Holdings proposes to cover the slots no longer being used to flush the basin with flow from Albemarle Sound. Additionally, Edenton Real Estate Holdings proposes to construct a 105-ft long riprap revetment along a section of the north shoreline inside the basin. This section of shoreline has no hardened shoreline protection and is located between riprap revetment adjacent westward and wood bulkhead adjacent eastward. To protect this shoreline from boat wake in the restricted area basin and prevent an additional source of erosive sedimentation in the basin, the applicant intends to construct this revetment. Background: Edenton Boatworks, LLC, d.b.a. Albemarle Boats, owned by Murphy Alternative Investments and located on property owned by Edenton Real Estate Holdings, LLC (also a Murphy entity) is a private -owned boat manufacturing facility, building recreational and sport fishing boats ranging from 27 feet to 53 feet in length. The minimum draft of these boats ranges from 3 feet to 5 feet. Permitted water depth in the Albemarle Boats boat basin is -8 NWL. CAMA Major Permit 444-01 was originally issued in 2001 to start expansion of the existing boat basin at the Albemarle Boats manufacturing facility, which was completed by 2007. Various permit renewals and modifications allowed construction of the basin facilities as they appear today. In 2007, breakwater construction was authorized along the western and southern bulkhead walls which allowed the flow of fresh water to enter the basin that was intended to prevent stagnation of the water within. Figure 1 shows typical breakwater construction at Albemarle Boats. Figure 1— West Wall, Albemarle Boats Breakwater Construction, as built in 2007. Page 1 of 9 In 2014, a 5-year maintenance dredging clause was added to the permit. Permit 444-01 has been subsequently renewed with the maintenance clause, and currently expires in 2026. From 2009 to 2012 the facility shoreline westward of the western breakwater experienced severe erosion, toppling trees, losing beachfront, and formed a 4-ft tall escarpment along the shoreline. MIRI_ MWd !tr np rap WW "10 W �... 7'. Figure 2 —Albemarle Boats Shoreline Erosion West of Boat Basin, January 2012 In 2014, a permitted riprap revetment was constructed along the western shoreline, allowing deep water to exist along the shoreline and along both sides of the western basin breakwater wall. Figure 3 shows newly placed riprap revetment stabilizing the western shoreline. Figure 3 —Albemarle Boats Shoreline Stabilization West of Boat Basin, April 2014 Page 2 of 9 By 2017, the western shoreline had stabilized with a sandy beach growing southward into Albemarle Sound. Also in 2017, sand was starting to migrate eastward and pass through the sand -covered breakwater slots into the basin. Figure 4 shows this migration starting. Figure 4 — Stabilized Western Beach Showing Sand Migration Into Boat Basin, March 2017 By 2022, a stabilized sandy beach with foliage had grown 85 feet southward from the base of the revetment into the Sound against the outside of the western breakwater wall, allowing sand migration through the wall along the entire 85-ft length. Water depths inside the basin now ranged from +2 NWL to -3 NWL inside the authorized western boat slips and rendering them useless. Figure 5 — Continued growth of Western Shoreline with Sand Migration Into Boat Basin, May 2018 Page 3 of 9 Figure 6 —Approximate Beach Line with Rip Rap Revetment on Western Shoreline —August 2022 Figure 7 — Shoreline Photos Taken Outside & Inside of Boat Basin at 2nd Finger Pier, August 2022 Page 4 of 9 In November 2022 the boat basin was dredged under the Permit 444-01 maintenance clause over a 10,000 sqft area, removing approximately 1250 cubic yards of sand. Sand was undisturbed outside of the basin. Within two weeks of completion of the dredging, sand again migrated into the basin due to winter storms and southerly winds. Water depths inside the basin decreased rapidly along the western breakwater wall and again rendered the inside slips useless. Figure 8 shows sand migration into the basin two weeks after maintenance dredging. Figure 8 — Sand Migration Into Basin Two Weeks After Maintenance Dredging, November 2022 r Figure 9 — Sand Migration Inside Basin, November 2022 Page 5 of 9 Figure 10 — Sand Migration Inside Basin, November 2022 Figure 11—Albemarle Boats Basin, May 2023 Page 6 of 9 Construction Process: Breakwater A _ E UPLAND STING CORRUGATED STEEL BULKHEAD WITH CUT BREAKWATER SLOTS 1% --0- - - KO L M N A - NATURAL GROUND LEVEL LANDWARD OF REVETMENT B - RIPRAP REVETMENT C - SAND LEVEL OUTSIDE OF BASIN, WESTWARD OF BREAKWATER D - NWL INSIDE OF BASIN EASTWARD OF BREAKWATER E - SAND LEVEL INSIDE OF BASIN, EASTWARD OF BREAKWATER F - NWL OUTSIDE OF BASIN, WESTWARD OF SREAKWATER G - TOP OF PIER WALKWAY H - NORMAL ALBEMARLE SOUND WATER LEVEL I - EXISTING BOTTOM OF SOUND J - SAND COVERAGE OF BREAKWATER SLOTS OPEN TO INSIDE BASIN WAVE ACTION - 8D FT (NTS) K - STEEPER SLOPE OF OUTSIDE SAND LEVEL TO NWL, OPEN SLOTS EVEN WITH SAND LEVEL & LANDWARD OF NWL. SUBJECT TO OUTSIDE WAVE ACTION - 22 FT TO NWL (NTS) L • NWL TO END OF BREAKWATER • 74 FT (NTS) M - PROPOSED COVERAGE OF 74 BREAKWATER SLOTS - 114 FT, (NTS) N - UNDISTURBED SLOTS TO ENO OF BREAKWATER - 62 FT (NTS) O - BOTTOM LEVEL INSIDE BASIN AFTER MAINTENANCE DREDGING - FOOT OF BREAKWATER TO NWL - 102 FT -ADDITIONAL PROPOSED COVERAGE OF SLOTS -12 FT - NWL TO END OF BREAKWATER -74 FT Figure 12 — Breakwater Modification at Albemarle Boats, Cross -Section Detail, West to East View The applicant intends to temporarily excavate sand in a 102-ft long trench along the outside of the western breakwater wall from the top of the shoreline revetment to the current NWL. Excavation depth of the trench will range from 3 feet at the landward end of the breakwater to a few inches at the shoreline, and maximum 5-ft width. The purpose of this excavation is to temporarily uncover the cut 1-inch slots in the steel breakwater. Figures 12 and 13 shows typical construction modification detail of the cut slots in the breakwater. Ir-19, CUT MCI n"a kr-IF aim Figure 13 — Typical Slot Section of Breakwater at Albemarle Boats, Before & After Modification Page 7 of 9 Once the slots are exposed, they will be covered mechanically with steel plate, either by a toggle bolt arrangement, or by welding. Once the slots are closed the previously excavated sand will be placed back into the trench, compacted, levelled, and returned to its previous natural state. No further breakwater construction will be carried out, and there will be no permanently disturbed land during the operation. In addition to the 102 feet of breakwater slots to be covered landward of the NWL, the applicant intends to cover another 12 feet of slots extending waterward from the NWL shoreline. This coverage is to prevent migration of eroded and suspended sand and silt due to wave action at the shoreline. The additional 6-9 slots will be covered the same as those landward of the NWL, either mechanically or by welding. No land below water level will be disturbed. Approximately 74 slots total will be covered by steel plate in a 114-ft long section of the western breakwater wall, 102 feet landward and 12 feet waterward of NWL. This will leave 62 feet of undisturbed open slots at the southern end of the west -facing breakwater, and 194 feet of undisturbed open slots in the entire south - facing breakwater. Wind and wave action through these breakwaters will prevent stagnation of water inside the basin. Revetment A bulkhead authorized in 2014 to be built along the northwestern shoreline inside the basin between the existing boathouse and the western breakwater wall was never constructed. The applicant now intends to construct a 4-ft tall riprap stone revetment along this non -stabilized shoreline, which will match the existing riprap revetment on the opposite, western side of the breakwater. A 16-ft wide layer of silt screen will first be laid in a line from the foot of the western breakwater walkway eastward 105 feet to the existing boathouse bulkhead. Riprap stone will be brought in from offsite and will be placed by hand, wheeled loader, or tracked excavator in a 16-ft wide line over the silt screen. Backfill sand will then be brought in either from an adjacent dried dredge spoil stockpile or from an offsite permitted sand pit. A topsoil cap will then be added, and groundcover sown. Landward peak of the revetment will be same height as normal ground level, and the revetment base will become the NWL shoreline once the boat basin has been re -dredged. Total disturbed land during this operation will be 250 sgft. Scopin2 Meeting: An onsite scoping meeting was held on February 9, 2023, to discuss the project. Attending were Albemarle Boats General Manager Burch Perry, CAMA representatives Ron Renaldi and Cynthia Rountree, Division of Marine Fisheries representative James Harrison, and consultant Ken Elliott. Project plans were discussed verbally, and historical photography was shown illustrating the need for the proposed construction. No changes to the proposed plans were suggested by anyone at that time. Conclusion: Albemarle Boats has a long-standing national reputation for building quality recreational and sportfishing craft at the Edenton facility. An essential part of their business is to have a functional deepwater boat basin Page 8 of 9 in which to display new boats and to have access to Albemarle Sound for testing. The construction of the western wall of the basin in 2007 as a breakwater led to partial buildup of sand along the wall but allowed migration of sand into the basin, causing a usability loss of 50%. Coverage of breakwater slots below ground level landward of the NWL shoreline will prevent migration of sand into the basin and improve the needed stability of the basin for use by large boats. All adjacent riparian landowners have been contacted and made aware of the proposed construction project. The landowners were contacted by certified mail on June 2, 2023, with information about the construction project, which included maps, a narrative description of the project, and a copy of the full application package, including MP -I, MP-2, and MP-4. All riparian owners have returnedthe notification forms signed with no objections to the project. Elliott Consulting hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. Elliott Consulting hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. Ken Elliott Elliott Consulting, LLC For Edenton Real Estate Holdings, LLC July 17, 2023 Page 9 of 9 C 0 tC! cis CJ) .Li t1� xm 0_ U W t a Z_ V J Z O Z J Q ry U O� N� z Z Q H Z j< 0 O C Q >Z LU m O C/) U o Z 0 CO W Z Of 0 " Q W cc W m J a i W_ Z O U LU U) V—O LL OV W w W ~ 2 Z CO Z J W Z oLU LU W J U H c� z J D M M Z CVO ON U oS OW m ww Co IL Co °- LLJ QU a 0 0 If 30wZ O W Y ¢ G Lu w>VF FOfLU " 7 ww<aW ���ar 00zxW zz�l=g cnQ�3a ax0WO Q0(9U W Z J Z > �¢U¢LU �LUo0-o 7y0Q In m Z Q U J a IL O Q LL J r (O O}v Z� Z�N O LL p=U LU Q 0. JO D Z U 2=wi IX �O Lu IS- ¢ oa �°Q Lu CA a J � Q Lf) a w U � Z O Z w w U 13 N O Cl) d W N V1 w > Z azon� O J r O z QmQ L'C�O Q � � 0 )C) W _ Z N U Q in Wca �z_ m W otSZU Q Q O Y�wp Ww 00 W W j i Q — _�_�_— __—_—_— C W o �— I > . -a- • ................ 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DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION (MAJOR PERMIT) CERTIFIED MAIL RETURN RECEIPT REQUESTED or HAND DELIVERED June 03, 2023 Date State of North Carolina, c/o State Property Office Name of Adjacent Riparian Property Owner 1321 Mail Service Center Address Raleigh, NC 27699-1321 City, State Zip To Whom It May Concern: This correspondence is to notify you as a riparian property owner that I am applying for a CAMA Major permit to repair and modify 114 feet of an existing boat basin breakwater, and construct a 105-ft riprap revetment on shoreline on my property at Albemarle Boats, 142 and 142C Midway Drive, Cape Colony Subdivision, Edenton, NC 27932 in Chowan County, which is adjacent to your property. A copy of the application and project drawing is attached/enclosed for your review. If you have no objections to the proposed activity, please mark the appropriate statement below and return to me as soon as possible. If no comments are received within 30 days of receipt of this notice, it will be considered that you have no comments or objections regarding this project. If you have objections or comments, please mark the appropriate statement below and send your correspondence to: Ms. Cynthia Rountree, NC CAMA Officer, 401 S. Griffin Street, Suite 300, Elizabeth City, NC 27909. If you have any questions about the project, please do not hesitate to contact me at my address/number listed below, or by email at: ken@kenobx.com. Sincerely, la—p-�� —,i— Kenneth Elliott, for Edenton Real Estate Holdings, LLC 252-339-9021 / ken@kenobx.com Property Owner's Name Telephone Number / Email Address PO Box 112, Aydlett, NC 27916 Address City State I have no objection to the project described in this correspondence. I have objection(s) to the project described in this correspondence. WQn�.d►Q U, lL -,a- ea L 4, z 62 3 Adjacent Riparian Signature Date State of North Carolina, c/o State Property Office Print or Type Name 1321 Mail Service Center, Raleigh, NC 27699-1321 919-807-4650 Telephone Number Zip Address City State Zip Revised July 2021 � � q 9� NC 94 J011111 q Cape t01.09 l e 4% 0 tl o i *WWS + I ] xnn — inel5i � mad- NC 94 — — — — - MCI SITE Albemarle Boats Midway Drive Edenton, NC 27932 LOCATION MAP -m — — lek�lnr. I 11 � 16 . r6: r a ■ . Via �_ — — Cpunt y Club 61tv�e�WIT ■ tr .. vdar� ►.. https://openstrcetmap.org/copyright https://openstreetmap.org Copyright OpenStreetMap and contributors, under an open license Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: ❑Commercial ❑Public/Government ❑Private/Community c. (i) Dock(s) and/or piers) (ii) Number (iii) Length (iv) Width (v) Floating ❑Yes [--]No e. (i) Are Platforms included? ❑Yes []No If yes: (ii) Number (iii) Length (iv) Width (v) Floating []Yes []No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed (ii) Number of slips existing i. Check the proposed type of siting: ❑ Land cut and access channel ❑Open water; dredging for basin and/or channel ❑Open water; no dredging required []Other; please describe: k Typical boat length: m. (i) Will the facility have tie pilings? ❑Yes [:]No (ii) If yes number of tie pilings? ®This section not applicable b. (i) Will the facility be open to the general public? ❑Yes ❑No d. (i) Are Finger Piers included? ❑Yes []No If yes: (ii) Number (iii) Length (iv) Width (v) Floating ❑Yes []No f. (i) Are Boatlifts included? ❑Yes ❑No If yes: (ii) Number (iii) Length (iv) Width h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies ❑ Dockage ("wet slips") only, number of slips: ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). I. (i) Will the facility be open to the general public? ❑Yes ❑No a, ., rw.nccoastalmanaaemen ,a v z a is: 121;4 s .• 6 &- !—I fW 1 IP-4 {Structures, Page 2 4' 2. DOCKING FACILITY/MARINA OPERATIONS ❑x This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: ; Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge" signs proposed. (ii) Give the location and number of "Pumpout Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? 252- -Oa :: 9-8884RCOAST ;: WWW.rrr U staiman<= ��nrm DCM P- (Structurei£ sin p, m. Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes ❑No n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? []Yes [:]No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL []None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes ❑No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) ®This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑PublicGovernment ❑Private/Community (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a. (i) Number (ii) Length (iii) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) ❑This section not applicable a. Length 114 ft repair length of b. Average distance from NHW, NWL, or wetlands existing breakwater Repair length up to 12 ft beyond NWL c. Maximum distance beyond NHW, NWL or wetlands Repair length up to 12 ft beyond NWL 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): ❑Commercial ❑PubliGGovernment ❑Private/Community C. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing b. Number d. Description of buoy (color, inscription, size, anchor, etc.) 308-2808::1- x,, 4RCOAST::www.nccc�_,�. 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines 85 ft east, 808 ft west, 470 ft north Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body 4.75 miles e. (i) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking facilities. 8.5 fi d. Water depth at waterward end of structure at NLW or NWL 2.25 ft outside basin, 5 ft inside basin 8. OTHER ®This section not applicable a. Give complete description: June 3, 2023 Date Albemarle Boats Breakwater & Shoreline Project Project Name Edenton Real Estate Holdings, LLC Applicant Name k , Applicant Signature Kenneth Elliott, agent for Edenton Real Estate Holdings, LLC and Albemarle Boats .:� 8 :: 1-888-4RCOAST :: www.nccoastaimanp—qer ent.net revised: 12127106 Chowan County 05-22 Local Government Permit Number CAMA MINOR DEVELOPMENT 1 PERMIT i i Issued to Edenton Real Estate Holdings, LLC, authorizing development in the Estuarine Shoreline (AEC) at 140 &144 Midway Drive in Edenton, NC, as requested in the permittee's application, dated November 15, 2022. This permit, issued on November 28, 2022, is subject to compliance with the application and site drawing (where consistent with the permit), all applicable regulations and 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. This permit authorizes: Fill 6746 Square foot area with fill sand within the CAMA 75-ft. AEC, grade and install ground cover. No disturbance or work permitted in wetlands. (1) All proposed development must be done in accordance with the permitted work plat drawings(s) dated received on November 15, 2022. (2) Any grading within the 30' buffer from the normal water level must be contoured to prevent additional storm water runoff to the adjacent marsh. This area shall be immediately vegetatively stabilized and must remain in a vegetated state. (3) Any change or changes in the plans for development, construction, or land use activities will require a re-evaluation and modification of this permit. (4) A copy of this permit shall be posted or available on site. Contact this office at 252-482-5618 for a final inspection at completion of work. (5) All other disturbed areas shall be vegetatively stabilized (planted and mulched) within 14 days of construction Any proposed for grading within the 30' buffer from the Normal water level must be contoured to prevent additional stormwater runoff to the adjacent marsh. This area shall be immediately vegetatively stabilized, and must remain in a vegetated state. This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. From the date of an appeal, any work conducted under this permit must cease until the appeal is resolved. This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. Any maintenance work or project modification not covered under this permit, require further written permit approval. All work must cease when this permit expires on: DECEMBER 31, 2025 In issuing this permit it is agreed that this project is consistent with the local Land Use Plan and all applicable ordinances. This permit may not be transferred to another party without the written approval of the Division of Coastal Management. " UMS- ------------------------- Holly Colombo CAMA LOCAL PERMIT OFFICIAL PO Box 1030 Edenton, NC 27932 PERMITTEE ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director EMAIL MEMORANDUM NORTH CAROLINA Environmental Quality TO: The Chowan Herald Edenton, NC 27932 c/o custom ercare(a)-apgenc.com FROM: Lisa Doepker, Administrative Specialist DATE: 9/27/2023 SUBJECT: Major Public Notice: Edenton Real Estate Holdings, LLC Please publish the attached Notice in the Saturday, 30 September 2023 issue of THE CHOWAN HERALD. Please note that this is for a one -day publication only. 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 Lisa Doepker, via email at:lisa.doepker@deq.nc.gov for payment. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Elizabeth City office (252) 264-3901. Attachment CC' Curt Weychert, Assistant Major Permits Coordinator, DCM, curt.weychert(aDdeg.nc.gov Christy Simmons, PIO, DCM, christy.simmons(aD-ncdenr.gov Ellie Davis, Accounts Payable, DCM, ellie.davis(aD-ncdenr.gov File D E Q�� North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909 o Paroneni fE�vnmmemz '� /'� 252.264.3901 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The NC Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an AEC as designated under the CAMA was received on 9/27/23. Edenton Real Estate Holdings, LLC, proposes to cover existing slats on 114 feet of the existing steel breakwater and place 16 foot by 105 foot of riprap along the shoreline of the existing boat basin with backfill., located at 142 & 142C Midway Drive Edenton, NC.in Chowan County. A copy of the entire application may be reviewed at the office of the Division of Coastal Management, located at 401 S Griffin St, Ste 300, Elizabeth City and reached by phone at (252) 264-3901 during normal business hours. Comments mailed to Braxton Davis, Director, DCM, 400 Commerce Avenue, Morehead City, NC 28557, prior to October 20, 2023, will be considered in making the permit decision. Later comments will be considered up to the time of permit decision. Project modification may occur based on review & comment by the public, state & federal agencies. Notice of the permit decision in this matter will be provided upon written request. PLEASE PUBLISH ON: September 30, 2023 0 0 M d a+ c'! O m i = = Qw I i N . O N ao=? a �- R w -� t d v i Ir QLL �+ R O _ — � 0 5% TO4. CcwV�W N O .9 oLL W 13 0 N y CL m _ CL a'f i .0__ C s ' D CL wIL♦, .m 0 3 CC _ = bib m 0 s 0 4. O a4-0*1 w O TO m IL �w ~ _ ■■ O �+ d O =O vw �y ¢ R C � to W = CO y O W = N O 1% * _ Z N O z ov = U d W N R 0 - W U U Q BCH IMP-1 APPLICATION for Major Development Permit (last revised 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant Landowner Information Business Name Project Name (if applicable) Edenton Real Estate Holdings, LLC Albemarle Boats Breakwater & Shoreline Project Applicant 1: First Name MI Last Name Manager - Jeffrey B Turner Applicant 2: First Name MI Last Name n/a n/a n/a If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State 5752 US Hwy 117 South 160 Wallace NC ZIP Country Phone No. FAX No. 28466 USA 1 ext. Street Address (if different from above) City S tate ZIP Same Same Same -Same Email n/a 2. AgentContractor Information Business Name Elliott Consulting Agent/ Contractor 1: First Name MI Last Name Kenneth C Elliott Agent/ Contractor 2: First Name MI Last Name n/a n/a n/a Mailing Address PO Box City State 202 Elliott Road 112 A dlett NC ZIP Phone No. 1 Phone No. 2 27916 252 - 339 - 9021 ext. 252 - 377 7479 ext. FAX No. Contractor # n/a n/a Street Address (if different from above) State ZIP Same 7Same Same -Same Email ken kenobx.com <Form continues on back> nt.net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Chowan 142 & 142C Midway Drive 1119 Subdivision Name City State Zip Fourth / Cape Colony Edenton NC 27932 Phone No, Lot No.(s) (if many, attach additional page with list) 252 - 482 - 7423 ext. 142 Midway Drive, 142C,Midway Drive a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Pasquotank Albemarle Sound c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade []Unknown Albemarle Sound e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. Chowan Count 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 1043 ft 415,519 sq.ft. (2 parcels) c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 142 - 83,156 sq.ft., 142C - 332,363 sq.ft. NWL (normal water level) (If many lot sizes, please attach additional page with a list) +8 ❑NHW or ®NWL e. Vegetation on tract Cypress & pine trees, scrub brush, mowed lawns. f. Man-made features and uses now on tract 142C (aka 140) Midway Drive - Albemarle Boats industrial sport fishing & recreational boat manufacturing facility (108,818 sq.ft.) includes gravel parking lot, gravel driveway, and 500-ft L x 12-ft W rip rap revetment. 142 (aka 144) Midway Drive has 6,686 sq.ft. combination boat shelter & garden apartme 174' pier/breakwater, 190' breakwater, 75' pier, 74' concrete walkway, 580' L chain link fence. g. Identify and describe the existing land uses adjacent to the proposed project site. Albemarle Boats manufacturing facility extends into next westward parcel, then full growth woodland & swamp. North - undeveloped scrub & brush. East - NCWRC Boat Ramp, then Albemarle Sound Dock Cc, LLC barge loading & unloading facility. h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? (Attach zoning compliance certificate, if applicable) Industrial, both parcels ®Yes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a []Yes ®No ❑NA National Register listed or eligible property? <Form continues on next page> .. 1-888-._ . ., vv. ncc Z�tatnl'x:. :.nt.net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ❑Yes ®No (ii) Are there coastal wetlands on the site? ❑Yes ®No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes ®No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Edenton / Chowan Water & Wastewater Treatment Department o. Describe existing drinking water supply source. Chowan County Water Department p. Describe existing storm water management or treatment systems. Stormwater drains from building through gutter & pipe to stormwater ditch discharging offsite into swamp, does not drain directly to Albemarle Sound. 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ®Commercial ❑Public/Government ❑ Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Project is to stabilize the water depth inside the Albemarle Boats boat basin, used for launching, testing, docking & displaying new sport -fishing & recreational boats manufactured there. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Preparation - mini -excavator or hand tools to dig trench & fill in afterward; breakwater repair - hand tools & welding equipment; revetment construction - rock brought in by dump truck & unloaded, tracked excavator or mini loader to put rock in place over silt -screen, loader & tractor to install & smooth backfill behind rock. d. List all development activities you propose. Excavate trench to access repair area on breakwater, cover breakwater slots with steel plate by toggle bolts or welding, fill trench back in afterward, sow groundcover. Revetment - place 16-ft wide silt -screen in 105' line from breakwater to boat house along NWL shoreline & up escarpment, place rip rap rock on silt -screen between NWL & top of escarpment, backfill with sand & topsoil. level & add groundcover. e. Are the proposed activities maintenance of an existing project, new work, or both? Both - repair of existing breakwater, addition of new revetment to shoreline. f. What is the approximate total disturbed land area resulting from the proposed project? 1 125 ®Sq.Ft or ❑Acres 600 sq.ft. @ breakwater (temporary), 525 sq.ft. @ revetment g. Will the proposed project encroach on any public easement, public accessway or other area []Yes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. No discharges to waters of the State. i. Will wastewater or stormwater be discharged into a wetland? ❑Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ®NA j. Is there any mitigation proposed? []Yes ❑No ®NA If yes, attach a mitigation proposal. <Form continues on back> ' t;man�� Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management, Name Edenton-Chowan Partnership, Inc., Roland Vaughan, Director Phone No. Address 101 W. Water Street, Edenton, NC 27932 252-482-2007 Name State of NC, c/o State Property Office (conservation easement) Phone No. Address 1321 Mail Service Center, Raleigh, NC 27699-1321 919-807-4650 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. CAMA Major Permit #44-01 issued 2001 to Waff Contracting, transferred to GSM Properties, Inc, then transferred to Edenton Real Estate Holdings, LLC, last renewal on 3-7-2022; CAMA Minor Development Permit #05-22 issued to Edenton Real Estate Holdinas, LtC on17-28-2022. h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 1 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date June 03, 2023 Print Name Kenneth Elliott, agent for Edenton Real Estate Holdings, LLC and Albemarle Boats Signature �—��-C�,o 11J — Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ®DCM MP-4 Structures Information w.nccoastallm. ; Permit Class RENEWAL/ MAINTENANCE-5 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission ikrmft for _2L Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Permit Number 44-01 Issued to _ Edenton Real Estate Holdings LLC., 5752 South US Highway 117, Wallace. NC 28466 Authorizing development in Chowan County adjacent to the Albemarle Sound south side of SR 1119, in the Town of Edenton , as requested in the permittee's application letter dated 3/3/22. This permit, issued on March 7, 2022 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the vermit to be null and void. 1) This Renewal shall be attached to the original of Permit No. 44-01, which was transferred to the permittee on 2/9/18, as well as all subsequent renewals, refinements and modifications, and copies of all documents shall be readily available on site when a Division representative inspects the project for compliance. 2) All conditions and stipulations of the active permit remain in force under this Renewal. (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. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2026 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 DEQ and the Chair of the Coastal Resources Commission. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Edenton Real Estate Holdings LLC. ADDITIONAL CONDITIONS Maintenance Clause Permit No. 44-01 Page 2 of 2 3) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance work authorized by this permit, and such notification shall include: A. The number of the original permit. B. A statement that no dimensional changes are proposed. C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the area to be used for spoil disposal, and the estimated amount of material to be removed. The location, design and holding capacity of the spoil disposal site shall be approved by a representative of the Division prior to the initiation of any maintenance dredging activities. D. The date of map revision and the permittee's signature shown anew on the original plan. NOTE: The N.C. Division of Water Resources has assigned the proposed project DWR Project No. 01- 0088. NOTE: The U.S. Army Corp of Engineers has assigned the proposed project COE Action Id. No. SAW- 2001-120366. NOTE: A permit renewal application processing fee of $100 was received by DCM for this project. PostalTM USPS Tracking® MAILP RECEIPT .. .'nly r = I For delivery information, Visit our website at www.usps.Corril Ln IF IF6 '1 , ' . 3, rr1 CertifiedyMail Fee Lf7 05 Extra Services &Fees (check h , add feesappropilete) r-1 ❑ Return Receipt (hardcopy) ❑ Return Receipt (electronic) $ '�I r= stmark •} ❑ Certified Mall Restricted Deli ry $ •t HeFe . O ❑Adult Signature Required $ [:]Adult signature Restricted Deg ry$ :.`�..i� Tracking Number: C3 Postage t:. �t, 70210950000155035467 Ln 0 $ 6; its/-.;1=: Total Postage and Fees 48 rq Sent To State of North Carolina -- Copy Add to Informed Delivery (https://informeddelivei o $i iiran� c/o State Property office ------------------------------- City -State 1321 Mail Service Center ---------- --------------------- Raleigh, NC 27699-1321 Latest Update Your item was delivered to the front desk, reception area, or mail room at 2:49 pm on June 7, 2023 in RALEIGH, NC 27604. Get More Out of USPS Tracking: USPS Tracking Plus® Delivered Delivered, Front Desk/Reception/Mail Room RALEIGH, NC 27604 June 7, 2023, 2:49 pm Delivered to Agent for Final Delivery RALEIGH, NC 27699 June 7, 2023, 11:48 am Arrived at Post Office RALEIGH, NC 27611 June 7, 2023, 9:01 am Departed USPS Regional Facility RALEIGH NC DISTRIBUTION CENTER June 6, 2023, 8:57 pm Arrived at USPS Regional Facility RALEIGH NC DISTRIBUTION CENTER June 5, 2023, 11:20 pm Departed Post Office WILLIAMSTON, NC 27892 June 5, 2023, 5:03 pm USPS in possession of item WILLIAMSTON, NC 27892 June 5, 2023, 8:54 am 0 Hide Tracking History Text & Email Updates u USPS Tracking Plus® u Product Information Track Another Package Enter tracking or barcode numbers v See Less ^ Need More Help? Contact USPS Tracking support for further assistance. FAQs BCH IMP-1 APPLICATION for Major Development Permit (last revised 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant Landowner Information Business Name Project Name (if applicable) Edenton Real Estate Holdings, LLC Albemarle Boats Breakwater & Shoreline Project Applicant 1: First Name MI Last Name Manager - Jeffrey B Turner Applicant 2: First Name MI Last Name n/a n/a n/a If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State 5752 US Hwy 117 South 160 Wallace NC ZIP Country Phone No. FAX No. 28466 USA 1 ext. Street Address (if different from above) City S tate ZIP Same Same Same -Same Email n/a 2. AgentContractor Information Business Name Elliott Consulting Agent/ Contractor 1: First Name MI Last Name Kenneth C Elliott Agent/ Contractor 2: First Name MI Last Name n/a n/a n/a Mailing Address PO Box City State 202 Elliott Road 112 A dlett NC ZIP Phone No. 1 Phone No. 2 27916 252 - 339 - 9021 ext. 252 - 377 7479 ext. FAX No. Contractor # n/a n/a Street Address (if different from above) State ZIP Same 7Same Same -Same Email ken kenobx.com <Form continues on back> nt.net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Chowan 142 & 142C Midway Drive 1119 Subdivision Name City State Zip Fourth / Cape Colony Edenton NC 27932 Phone No, Lot No.(s) (if many, attach additional page with list) 252 - 482 - 7423 ext. 142 Midway Drive, 142C,Midway Drive a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Pasquotank Albemarle Sound c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade []Unknown Albemarle Sound e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. Chowan Count 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 1043 ft 415,519 sq.ft. (2 parcels) c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 142 - 83,156 sq.ft., 142C - 332,363 sq.ft. NWL (normal water level) (If many lot sizes, please attach additional page with a list) +8 ❑NHW or ®NWL e. Vegetation on tract Cypress & pine trees, scrub brush, mowed lawns. f. Man-made features and uses now on tract 142C (aka 140) Midway Drive - Albemarle Boats industrial sport fishing & recreational boat manufacturing facility (108,818 sq.ft.) includes gravel parking lot, gravel driveway, and 500-ft L x 12-ft W rip rap revetment. 142 (aka 144) Midway Drive has 6,686 sq.ft. combination boat shelter & garden apartme 174' pier/breakwater, 190' breakwater, 75' pier, 74' concrete walkway, 580' L chain link fence. g. Identify and describe the existing land uses adjacent to the proposed project site. Albemarle Boats manufacturing facility extends into next westward parcel, then full growth woodland & swamp. North - undeveloped scrub & brush. East - NCWRC Boat Ramp, then Albemarle Sound Dock Cc, LLC barge loading & unloading facility. h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? (Attach zoning compliance certificate, if applicable) Industrial, both parcels ®Yes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a []Yes ®No ❑NA National Register listed or eligible property? <Form continues on next page> .. 1-888-._ . ., vv. ncc Z�tatnl'x:. :.nt.net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ❑Yes ®No (ii) Are there coastal wetlands on the site? ❑Yes ®No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes ®No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Edenton / Chowan Water & Wastewater Treatment Department o. Describe existing drinking water supply source. Chowan County Water Department p. Describe existing storm water management or treatment systems. Stormwater drains from building through gutter & pipe to stormwater ditch discharging offsite into swamp, does not drain directly to Albemarle Sound. 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ®Commercial ❑Public/Government ❑ Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Project is to stabilize the water depth inside the Albemarle Boats boat basin, used for launching, testing, docking & displaying new sport -fishing & recreational boats manufactured there. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Preparation - mini -excavator or hand tools to dig trench & fill in afterward; breakwater repair - hand tools & welding equipment; revetment construction - rock brought in by dump truck & unloaded, tracked excavator or mini loader to put rock in place over silt -screen, loader & tractor to install & smooth backfill behind rock. d. List all development activities you propose. Excavate trench to access repair area on breakwater, cover breakwater slots with steel plate by toggle bolts or welding, fill trench back in afterward, sow groundcover. Revetment - place 16-ft wide silt -screen in 105' line from breakwater to boat house along NWL shoreline & up escarpment, place rip rap rock on silt -screen between NWL & top of escarpment, backfill with sand & topsoil. level & add groundcover. e. Are the proposed activities maintenance of an existing project, new work, or both? Both - repair of existing breakwater, addition of new revetment to shoreline. f. What is the approximate total disturbed land area resulting from the proposed project? 1 125 ®Sq.Ft or ❑Acres 600 sq.ft. @ breakwater (temporary), 525 sq.ft. @ revetment g. Will the proposed project encroach on any public easement, public accessway or other area []Yes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. No discharges to waters of the State. i. Will wastewater or stormwater be discharged into a wetland? ❑Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ®NA j. Is there any mitigation proposed? []Yes ❑No ®NA If yes, attach a mitigation proposal. <Form continues on back> ' t;man�� Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management, Name Edenton-Chowan Partnership, Inc., Roland Vaughan, Director Phone No. Address 101 W. Water Street, Edenton, NC 27932 252-482-2007 Name State of NC, c/o State Property Office (conservation easement) Phone No. Address 1321 Mail Service Center, Raleigh, NC 27699-1321 919-807-4650 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. CAMA Major Permit #44-01 issued 2001 to Waff Contracting, transferred to GSM Properties, Inc, then transferred to Edenton Real Estate Holdings, LLC, last renewal on 3-7-2022; CAMA Minor Development Permit #05-22 issued to Edenton Real Estate Holdinas, LtC on17-28-2022. h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 1 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date June 03, 2023 Print Name Kenneth Elliott, agent for Edenton Real Estate Holdings, LLC and Albemarle Boats Signature �—��-C�,o 11J — Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ®DCM MP-4 Structures Information w.nccoastallm. ; Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock meter (excluding shoreline (NLW or NWL) Revetment stabilization Length 105 ft Width 16 ft Avg. Existing NA NA Depth Final Project NA NA Depth 1. EXCAVATION ®This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. c. (i) Does the area to be excavated include coastal wetlands/marsh d. High -ground excavation in cubic yards. (CW), submerged aquatic vegetation (SAV), shell bottom (SIB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL (--]None (ii) Describe the purpose of the excavation in these areas: 2. DISPOSAL OF EXCAVATED MATERIAL ®This section not applicable a. Location of disposal area. b. Dimensions of disposal area. c. (i) Do you claim title to disposal area? d. (i) Will a disposal area be available for future maintenance? ❑Yes [--]No ❑NA ❑Yes ❑No ❑NA (ii) If no, attach a letter granting permission from the owner. (ii) If yes, where? e. (i) Does the disposal area include any coastal wetlands/marsh f. (i) Does the disposal include any area in the water? (CW), submerged aquatic vegetation (SAV), shell bottom (SIB), ❑Yes ❑No ❑NA or other wetlands (WL)? If any boxes are checked, provide the (ii) If yes, how much water area is affected? number of square feet affected. ❑CW ❑SAV ❑SB OWL ❑None (ii) Describe the purpose of disposal in these areas: 252-808-2808 :: 'i-888-4111COAST :: www.nccoastalmanAaeemet t,tje� revises a_ _<o;106 Form DCM MP-2 (Excavation and Fill, Page 2 of 2) 3. SHORELINE STABILIZATION ❑This section not applicable (If development is a wood groin, use MP-4 — Structures) a Tvne of shoreline stabilization: b. Length: 105 ft ❑Bulkhead ®Riprap ❑Breakwater/Sill []Other: c. Average distance waterward of NHW or NWL: 6.85 ft waterward of NWL Width: 16 ft d. Maximum distance waterward of NHW or NWL: 10.25 ft e. Type of stabilization material: f. (i) Has there been shoreline erosion during preceding 12 months? Rip rap stone and clean broken concrete, no steel ®Yes []No ❑NA (ii) If yes, state amount of erosion and source of erosion amount information. g. Number of square feet of fill to be placed below water level. Bulkhead backfill Riprap 670 sq.ft. Breakwater/Sill Other i. Source of fill material. 1 ftGoogle Earth historic imagery h. Type of fill material. Vulcan Materials for rip rap stone, offsite stockpile of concrete Rip rap granite stone, clean broken concrete slab screened for no metal. 4. OTHER FILL ACTIVITIES ❑This section not applicable (Excluding Shoreline Stabilization) a (h Will fill material be brouaht to the site? MYes ❑No ❑NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW), If yes, (ii) Amount of material to be placed in the water None (iii) Dimensions of fill area 105' long x 5' Wide x 1' deep (iv) Purpose of fill Backfill for rip rap stone revetment submerged aquatic vegetation (6Av), sneii oonom (6b), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAv ❑SB ❑WL ®None (ii) Describe the purpose of the fill in these areas: n/a 5. GENERAL a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline, controlled? backhoe, or hydraulic dredge)? Stockpiled fill sand kept behind silt fence. Backhoe, tracked mini -loader, tracked excavator c. (i) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. n/a June 3, 2023 Date Albemarle Boats Breakwater & Shoreline Project Project Name d. (i) Will wetlands be crossed in transporting equipment to project site? ❑Yes ®No ❑NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. n/a Edenton Real Estate Holdings, LLC Applicant Name Applicant Signature Kenneth Elliott, agent for Edenton Real Estate Holdings, LLC and Albemarle Boats 251-aoa-z8ou c. '[-€ 88-4RCOAS II .: wyvvy.ni;roa5talmae�. eevi— .... r06 June 03, 2023 State of North Carolina c/o State Property Office 1321 Mail Service Center Raleigh, NC 27699-1321 To Whom It May Concern: Elliott Consulting 202 Elliott Road, PO Box 112 Aydlett, North Carolina 27916 Phone: 252-339-9021 I am writing to you on behalf of Edenton Real Estate Holdings, LLC, 5752 US Hwy. 117, Wallace, NC 28466, owner of two parcels at 142 and 142C Midway Drive, Edenton, NC 27932, who is applying for an NC Division of Coastal Management CAMA Major Permit #44-01 Modification for a construction project to repair and modify the Edenton Boats boat basin. The applicant's two parcels are adjacent and riparian to an NC Conservation Easement at 142C Midway Drive managed by your office. The specifics of the proposed work are in the enclosed application forms, drawings, and narrative. Intended work requiring approval from NC Coastal Management includes: • Repair and cover breakwater slots along 114 feet of the western breakwater wall of the boat basin, which have allowed sand to migrate to the interior of the boat basin and causing shoaling. • Construct a 16-ft wide rip rap and concrete revetment along a 105-ft long section of the northwest non - stabilized shoreline inside the boat basin. As an adjacent riparian property manager to the aforementioned project, I am required to notify you of the development to give you the opportunity to comment on the project. Please review the attached riparian owner notification statement form, narrative, and drawings. If you have no objections to the project, please indicate as such at the bottom of the enclosed owner's statement and then return the statement to my office in the enclosed self-addressed stamped envelope. If it would be more convenient, you can also scan and email the signed form to my office at ken@kenobs.com. Should you have any objections to this proposal, please send your written comments to Ms. Cynthia Rountree, NCDEQ Division of Coastal Management, 401 S. Griffin St., Suite 300, Elizabeth City, NC 27909 within 30 days of your receipt of this notice. Such comments will be considered by the Division 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 252-339-9021, or e-mail me at ken(aenoba.com. Mr. Burch Perry, General Manager of Albemarle Boats, can also be reached at his office at 252-482-7423 or by email at BPerry@albemarleboats.com. Edenton Real Estate Holdings appreciates your consideration of this project. Thank you, Ken Elliott Elliott Consulting 06/03/2023 ken@kenobx.com From: ken@kenobx.com Sent: Monday, August 21, 2023 4:48 PM To: '401 PreFile@ncdenr.gov' Cc: 'Cynthia Rountree' Subject: CAMA Major Permit - Pre -Filing Meeting Request - Albemarle Boats, Edenton, NC Attachments: Albemarle Boats Project Narrative 071723.pdf To Whom It May Concern: Edenton Real Estate Holdings, LLC, is applying to the NC Division of Coastal Management to modify an existing breakwater at the Albemarle Boats manufacturing facility boat basin in Edenton, NC, for improved stability of the basin and improved access by large boats inside the basin as it was originally designed. This application is a modification of their existing CAMA Major Permit #44-01 and this email serves as a Pre -Filing Meeting Request. Please let me know if you have any questions. Attached is a copy of the Project Narrative submitted to CAMA. Thank you, Ken Elliott Elliott Consulting, LLC PO Box 112 Aydlett, NC 27916 USA Phone: 252-339-9021 Email: ken@kenobx.com DIVISION OF COASTAL MANAGEMENT Fnviranmenra! FIELD INVESTIGATION REPORT QG<)Ilty 1. APPLICANT'S NAME: Edenton Real Estate Holdings, LLC 2. LOCATION OF PROJECT SITE: 142 & 142C Midway Drive Edenton, NC 27932 Longitude:-76.56558 Latitude: 36.01068 3. INVESTIGATION TYPE: CAMA + Dredge & Fill 4. INVESTIGATIVE PROCEDURE: Date of Visit Purpose of Visit Applicant Present? 9/1/2023 check exisitng conditions No 2/10/2023 Meet to discuss project with Ken and Jimmy Yes 5. PROCESSING PROCEDURE - Application Received Application Complete Regional Office 9/9/2023 9/20/2023 1 DCM - Elizabeth City Regional Office 6. SITE DESCRIPTION: (A) Local Land Use Plan: Chowan County Land Classification from LUP: Land Classification From LUPs (B) AEC(s) Involved: Coastal Shoreline, Estuarine Shoreline, Public Trust Shoreline (C) Water Dependent: Yes (D) Intended Use: Commercial (E) Wastewater Treatment: Existing: Central & Municipal Planned: N/A (F) Type of Structures: Existing: Boat basin(slip), Boat slips, Boathouse, Finger pier, Other(wetslip), Pier or dock, Breakwater, Riprap, Highway/street, Non-resident. bldg./mix use, Parking lot Planned: Breakwater, Riprap(below MHW/NHW), High ground disturbance (G) Estimated Annual Rate of Erosion: 1 ft per year Erosion Information Source: Annual Erosion Source 7. HABITAT DESCRIPTION: DREDGED (ft) FILLED (ft) OTHER (ft) A Open Water CW's above NHW C CW's below NHW Shallow Bottom 670 High Ground 1535 510 Non -Coastal WL (E) Total Area Disturbed: 2715 ff (F) Primary Nursery Area: No (G) Water Classification: SB: Primary Contact Recreation, Tidal Salt Water Open to Shellfishing: No Field Investigation Report: Edenton Real Estate Holdings, LLC DCM Major Permit Page 11 8. PROJECT SUMMARY: The applicant proposes to cover existing slats on 114 feet of the existing steel breakwater and place 16 foot by 105 foot of riprap along the shoreline of the existing boat basin with backfill. 9. NARRATIVE DESCRIPTION: The site of the proposed for development is located at 142 & 142C Midway Drive in Chowan County. The properties to the east and west are commercial properties one contains a boat ramp and parking area and the other is a vacant lot. Vegetation on the site includes, but is not limited to, indigenous yard grass, and Loblolly pine (Pious taeda). Soil Types include Dogue fine sandy loam (DgA). The property has an elevation of approximately 4 feet above normal water level (NWL) 70 feet from the shoreline. Currently there is an commercial building onsite along with a boat basin created by groins and breakwaters, docking with finger piers creating 8 slips, a boathouse, driveway and gravel parking area, as well as riprap along the edge of the grasses upland area. The water classification for this area is Primary Contact Recreation, Tidal Salt Water (SB), and is closed to shellfishing. The water depths within the project area range from 1 foot to 1.5 feet and average 1.3 feet. When the site visit was conducted there was no Submerged Aquatic Vegetation present in the proposed project area. The permit history at this location consists of Major Permit 44-01 issued April 16, 2001 to Waff Contracting that authorized the breakwater and dredging to create the existing basin along with bulkheading, that was never constructed, the docks and finger piers, boat ramp, and travel lift. This permit was transferred in December of that same year to J. Scott Harrell, Jr.. Again, in October of 2011 to GSM Properties, LLC then to Edenton Real Estate Holdings, LLC in December of 2017. A maintenance clause was added to the permit in 2014. 10. PROJECT DESCRIPTION: The applicant proposes to modify 114 feet of the existing 176 foot breakwater located on the western side of the existing boat basin by covering the cut slits to help prevent the movement of sand across the breakwater into the basin. The applicant proposes to cover these slats by excavating a 102 foot long trench along the outside of the western breakwater to about 3 feet and will then cover the slats with a steal plate using a bolt or welding. The applicant also proposes to place 105 foot for riprap 16 foot wide along the shoreline at the northwestern end of the existing boat basin with backfill to level out the upland area behind the riprap. The riprap will average 6.85 feet waterward of Normal Water Level with a maximum of 10.25 feet waterward using granite. 11. ANTICIPATED IMPACTS: The proposed development will result in: - the filling of 1,535 square feet and disturbance of 510 square feet of Estuarine Shorelines and Public Trust Shoreline Area of Environmental concern - the filling of 670 square feet of Estuarine Waters and Public Trust Area Field Investigation Report: Edenton Real Estate Holdings, LLC DCM Major Permit Page 12 Temporary turbidity will possibly occur during construction. Name: Cynthia Rountree Date: 09-25-2023 Office: DCM - Elizabeth City Regional Office Field Investigation Report: Edenton Real Estate Holdings, LLC DCM Major Permit Page Filed: 08/30/2017 03:01:13 PM Lynn C. Gilliard, Register of Deeds Chowan County, NC Revenue Tax: $1,280.00 Land Transfer Tax: $6,400.00 Book 498 PAGE �3I15(3) 410910 I�I�III NORTH CAROLINA Delinquent taxes, if any, to be paid by the CHOWAN COUNTY closing attorney to the county tax collector Excise Tax (.2%): $1280.00 upon disbursement of closing proceeds. Land Transfer Tax (1%): $6,400.00 Parcel #: 781300919800 & 782317025242 Prepared by: Windy H. Rose, Attorney at Law, . : Box 54, Columbia, NC 27925 Return to: Windy H. Rose, Attorney at Law, .O Box 54, Columbia, NC 27925 NORTH CAROLINA GENERAL WARRANTY DEED 144 Midway Drive 1.909 Ac. +/- 129 Midway Drive 12.77 Ac. Sr, Au�ji J - This DEED is made on this the ' day of July, 2017 by and between: GRANTOR: GSM Properties, LLC, 8930 Hwy 39 South, Zebulon, NC 27597 GRANTEE: Edenton Real Estate Holdings, LLC, 5752 South US Highway 117, Wallace, NC 28466 The designation of 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 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 of that certain lot or parcel of land situated in the Fourth Township, Chowan County, North Carolina described as follows: TRACT ONE: 144 Midway Drive, Edenton, Chowan County, North Carolina 27932. Chowan County Parcel #781300919800: That certain tract or parcel of land containing 1.909 acres designated as "PARCEL ONE" according to a plat of survey prepared by Josiah A. Webb, III, Registered Surveyor, dated May 22, 2000 and recorded in Plat Cabinet 1, Slide 190A of the Office of Register of Deeds for Chowan County. TOGETHER WITH a right-of-way and easement for ingress, egress, provision of utilities and all other lawful purposes extending from the Western margin of the right-of-way of N.C. State Road 1119 to the above described parcel, shown and designated as "Private R/W 30" on the inset on plat entitled "EDENTON-CHOWAN DEVELOPMENT CORPORATION" prepared by Josiah A. Webb, III, Registered Surveyor, dated March 22, 1999 and recorded in Plat Cabinet 1, Slide 180A of the Office of Register of Deeds for Chowan County. TOGETHER WITH a right-of-way and easement for ingress, egress, provision of utilities and other services, and all other lawful purposes shown and designated as "Private R/W 50"' on the inset on plat entitled "EDENTON-CHOWAN DEVELOPMENT CORPORATION" prepared by Josiah A. Webb, III, Registered Surveyor, dated Marclt 22, 1999 and recorded in Plat Cabinet 1, Slide 180A of the Office of Register of Deeds for Chowan County. Book 498 Page 316 SUBJECT TO that certain 20 foot wide sewer easement as shown on plat recorded in Plat Cabinet 1, Slide 121-E of the Office of Register of Deeds for Chowan County, the center line of which is shown on plat entitled "EDENTON-CHOWAN DEVELOPMENT CORPORATION' prepared by Josiah A. Webb, III, Registered Surveyor, dated March 22, 1999 and recorded in Plat Cabinet 1, Slide 180A of the Office of Register of Deeds for Chowan County. SUBJECT TO a general easement and right-of-way for purposes of ingress, egress, regress, provision of utilities and all other lawful purposes, across the existing 50 foot and 30 foot roadways on the above described 'PARCEL ONE" which extend in a generally southwesterly direction to 'PARCEL TWO" as shown on the plat recorded in Plat Cabinet 1, Slide 190A of the Chowan County Registry. Said general easement and right-of-way across the above -described and herein conveyed 'PARCEL ONE" shall at all times be of sufficient maintained width to provide access by the largest of industrial -type highway licensed vehicles and by any off highway -type industrial vehicles utilized on 'PARCEL TWO". TRACT TWO: 129 Midway Drive, Edenton, Chowan County. North Carolina 27932, Chowan County Parcel #782317025242: That certain tract or parcel of land lying and being in Fourth Township, Chowan County, North Carolina, situated on the East side of Midway Drive and being Parcel One, 12.756 acres, on that certain plat of survey prepared by Josiah A. Webb, III, R.L.S., dated 9/2/99, and being more particularly described thereon as follows, to -wit: BEGINNING at an iron pin marking the intersection of the Northern right-of-way line of Country Club Drive with the Eastern right-of-way line of Midway Drive, and running from said beginning point thus established and along the Eastern right-of-way line of Midway Drive, North 06 deg. 13 min. 19 sec. East 730.53 feet to an existing iron pin; thence on a common line with the land of Timmco, Inc. as described on Plat of record in Plat Cabinet 1, Slide 173-13, South 83 deg. 46 min. 41 sec. East 1200.17 feet to an existing iron pin; thence along the Western line of the right-of-way line of Athol Lane, South 03 deg. 46 min. 17 sec. West 60.00 feet to a set iron pin; thence on a common line with the A. C. James land, described as Parcel Two, North 83 deg. 46 min. 41 sec. West 415.37 feet to a set iron pin; thence on another common line with the James land, South 03 deg. 43 min. 52 sec. West 425.30 feet to a set iron pin; thence running North 66 deg. 52 min. 52 sec. West 180.79 feet to an existing iron pin; thence running South 06 deg. 16 min. 16 sec. West 280.00 feet to an iron pipe found in the Northern right-of-way line of Country Club Drive; thence along said right-of-way line, North 85 deg. 25 min. 44 sec. West 632.89 feet to the point and place of beginning. All or a portion of the property herein conveyed does not include the primary residence of a grantor. Title to the property hereinabove described was acquired by the Grantor by instrument recorded in Book 428, Page 572, Chowan County Registry. 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. Grantor covenants to and with Grantee that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever, subject to the exceptions hereinafter stated: 1. Ad valorem taxes for the year 2017 and subsequent years. 2. Easements of record. 3. Any local, county, state, or federal laws, ordinances. or regulations relating to zoning, environment, subdivision, occupancy, use, construction, or development of the subject property. 4. Restrictive covenants and the amendments thereto, if any, of record in the aforesaid Public Registry. Book 498 Page 317 IN WITNESS WHEREOF the said Grantor has hereunto set its hand and seal on the day and the year first above written. GSM Properties. LLC (SEAL) G. Scott MA56ughlin Member -Manager STATE OF NORTH CAROLINA, COUNTY OF TYRRELL I, SEAS a r+ /q ins t� a Notary Public of the County and State aforesaid, do hereby certify that G. Scott McLaughlin, member/manager of GSM Properties, LLC, a limited liability company, personally appeared before me this day and acknowledged the due execution of the foregoing instrument on behalf of the company. St '+4ywTi Witness my hand and official stamp or seal this I day of;*12017. My commission expires: (.f %(Q (SE NOT PUBA cY A1C11111110%0l����``� 4'tw'Ell Notary Public Filed. 08130/2017 0101:14 PM Lynn C. Gilliard, Register of Deeds Chowan County, NC Revenue Tax: $4,951.00 Land Transfer Tax: $24,753.00 Book 09w- 318 (a) w ..i, 111111111110111111 NORTH C_AROLINA Delinquent taxes, if any, to be paid by the CHOWAN COUNTY q R 5) • o a closing attorney to the county tax collector Excise Tax (.2%): $4,9$1.00 upon disbursement of closing proceeds. Land Transfer Tax (1%): $24,753.00 Parcel 11: 781300916844 & 781300911830 Prepared by: Windy H. Rose, Attorney at Law, P. x 54, Columbia, NC 27925 Return to: Windy H. Rose, Attorney at Law, P.O. ox 54, Columbia, NC 27925 NORTH CAROLINA GENERAL WARRANTY DEED 140 Midway Drive 7.63 Ac. +/- Off Midway Drive 2.42 Ac. +/- This DEED is made on this the i day of lulu. 2017 by and between: GRANTOR: ALB Boats, Inc., formerly known as Albemarle Boats, Inc., 8930 Hwy 39 South, Zebulon, NC 27597 GRANTEE: Edenton Real Estate Holdings, LLC, 5752 South US Highway 117, Wallace, NC 28466 The designation of 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 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 of that certain lot or parcel of land situated in the Fourth Township, Chowan County, North Carolina described as follows: TRACT ONTE: 140 Midway Drive, Edenton, Chowan County, North Carolina 27932, Chowan County Parcel 4781300916844: All that certain 7.63 acre tract or parcel of land lying and being in Fourth Township, Chowan County, North Carolina as delineated on that certain map or plat entitled "Albemarle Boats, Inc., Fourth Township, Chowan County, North Carolina", dated February 16, 2005 made by Josiah A. Webb, III, P.L.S. No. L-2989 recorded in Plat Cabinet 2, Slide 191of the Chowan County Public Registry, incorporated by reference herein. Same being a portion of Parcel Two, 10.046 acres as shown and delineated on that certain map or plat entitled "Edenton-Chowan Development Corporation, Fourth Township, Chowan County, North Carolina", dated May 22, 2000 made by Josiah A. Webb, I1I, P.L.S. No. L-2989 recorded in Plat Cabinet 1, Slide 190A, Chowan County Public Registry. The 1.25 acre waterfront portion of said tract and parcel herein conveyed being SUBJECT TO the terms, conditions and restrictions of that "Declaration of Covenants and Restrictions for Conservation of Waterfront Property" declared by the Edenton-Chowan Development Corporation in favor of the State of North Carolina and recorded in Book 266, Page 262 of the Chowan County Registry, and being delineated as "Consen-ation Easement to the State of North Book 498 Page 319 Carolina - 1.25 Acres Portion Of Total Tract on that certain plat recorded in Plat Cabinet 2, Slide 19H of the Chowan County Public Registry. Said 1.25 acre is a portion of the 2.179 acre waterfront portion of Parcel Two delineated as "Conservation Easement to the State of North Carolina - 2.179 acres portion of Parcel Two" on that certain plat of record in Plat Cabinet 1. Slide 190A, Chowan County Public Registry. The tract and parcel herein conveyed is also conveyed TOGETHER WITH and SUBJECT TO that certain 20 foot wide sewer easement as shown on plat in Plat Cabinet 2, Slide 19H of the Chowan County Public Registry and as further shown on the plat recorded in Plat Cabinet 1. Slide 121 E of the Chowan County Public Registry. The center line of this sewer easement is also shown on plat entitled "EDENTON-CHOWAN DEVELOPMENT CORPORATION" prepared by Josiah A. Webb, III, R.L.S., dated March 22. 1999 and recorded in Plat Cabinet 1. Slide 180A in the Office of the Register of Deeds for Chowan County. TOGETHER WITH (BUT SUBJECT TO THE EXCEPTION HEREIN) a general easement and right of way providing ingress, egress and regress to and from the 7.63 acre tract or parcel of land herein conveyed and N.C. State Road 91119 (Midway Drive) across the existing roadways on Parcel One 1.909 acres as shown on the plat in Plat Cabinet 1, Slide 190A of the Chowan County Public Registry. Said general easement and right of way having been acquired by the Edenton-Chowan Development Corporation in a Deed from Waff Contracting, Inc. recorded September 7.2000 in Deed Book 266, Page 249 of the Chowan County Public Registry. Said general easement and right of way across the Parcel One as shown on the plat in Plat Cabinet 1. Slide 190A of the Chowan County Public Registry shall at all times be of sufficient maintained width to provide access by the largest of industrial -type highway licensed vehicles and by any off highway type industrial vehicles utilized on Parcel Two as shown on the plat of record in Plat Cabinet 1, Slide 190A of which the 7.63 acre tract or parcel of land herein conveyed is a portion. TOGETHER WITH (BUT SUBJECT TO THE EXCEPTION HEREIN) a right of way and easement of ingress. egress, provision of utilities and all other lawful purposes extending from the western margin of the right of way of N.C. State Road #1119 to Parcel One [Plat Cabinet 1, Slide 190A of the Chowan County Public Registry] shown and designated as 'Private R/W 30" on the inset on plat entitled "EDENTON-CHOWAN DEVELOPMENT CORPORATION" prepared by Josiah A. Webb, III, R.L.S. dated March 22, 1999 and recorded in Plat Cabinet 1, Slide 180A in Chowan County Public Registry. TOGETHER WITH (BUT SUBJECT TO THE EXCEPTION HEREIN) a right of way and easement for ingress, egress, provision of utilities and other services and all other lawful purposes extending from the western margin of the right of way of N.C. State Road #1119 to Parcel One [Plat Cabinet 1, Slide 190A of the Chowan County Public Registry] shown and designated as 'Private R/W 50" on plat entitled "EDENTON-CHOWAN DEVELOPMENT CORPORATION' prepared by Josiah A. Webb, III. R.L.S., dated March 22, 1999 and recorded in Plat Cabinet 1, Slide 180A in the Chowan County Public Registry. HOWEVER AND EXCEPTING, retained rights of Edenton-Chowan Development Corporation to the described general easement and right of way providing ingress, egress, and regress across existing roadways on Parcel One 1.909 acres as shown on the same plat above referenced, for the specific purpose of administering and maintaining the terms and conditions of the above described conservation easement on the 2.179 acre waterfront portion of Parcel Two as shown on the plat of record in Plat Cabinet 1. Slide 190A of the Chowan County Public Registry which expressly includes the 1.25 acres of said conservation easement on the 7.63 acre tract and parcel herein conveyed. TRACT TWO: Off Midway Drive, Edenton, Chowan County, North Carolina 27932, Chowan County Parcel #781300911830: All that certain tract or parcel of land lying and being in Fourth Township, Chowan County. North Carolina and being an area comprising Parcel Two. 10.046 acres as shown and delineated on that certain plat entitled "Edenton-Chowan Development Corporation, Fourth Township. Chowan County, North Carolina". dated May 22. 2000 prepared by Josiah A. Webb, III, R.L.S. No. L-2989 recorded in Plat Cabinet 1, Slide 190A, Chowan County Public Registry LESS AND EXCEPT that certain 7.63 acre tract or parcel of land lying and being in Fourth Township, Chowan County, North Carolina as delineated on that certain map or plat entitled "Albemarle Book 498 Page 320 Boats, Inc.. Fourth Township, Chowan County, North Carolina", dated February 16, 2005 prepared by Josiah A. Webb, III. R.L.S. No. L-2989 recorded in Plat Cabinet 2, Slide 19H of the Chowan County Public Registry (incorporated by reference herein) previously conveyed by Edenton-Chowan Development Corporation to Albemarle Boats, Inc. by North Carolina General Warranty Deed dated March 1. 2005 duly filed for record in the Chowan County Public Registry The waterfront portion of said tract and parcel as described in and being SUBJECT TO the terms, conditions and restrictions of that "Declaration of Covenants and Restrictions for Conservation of Waterfront Property" declared by the Edenton-Chowan Development Corporation in favor of the State of North Carolina and recorded in Book 266, Page 262 of the Chowan County Registry, and being delineated as "Conservation Easement to the State of North Carolina - 2.179 acres portion of Parcel Two" on that certain plat of record in Plat Cabinet 1. Slide 190A, Chowan County Public Registry. The tract and parcel herein conveyed is also conveyed SUBJECT TO that certain 20-foot wide sewer easement as shown on plat in Plat Cabinet 2. Slide 19H of the Chowan County Public Registry and as further shown on the plat recorded in Plat Cabinet 1, Slide 121E of the Chowan County Public Registry. The center line of this sewer easement is also shown on plat entitled "EDENTON-CHOWAN DEVELOPMENT CORPORATION" prepared by Josiah A. Webb, III, R.L.S., dated March 22, 1999 and recorded in Plat Cabinet 1. Slide 180A in the Office of the Register of Deeds for Chowan County. HOWEVER AND EXCEPTING, retained rights of Edenton-Chowan Development Corporation to the general easement and right of way providing ingress, egress and regress across existing roadways on nearby Parcel One on the plat recorded in Plat Cabinet 1, Slide 190A, for the specific purpose of administering and maintaining the terms and conditions of the aforementioned "Declaration" as it restricts the Property herein described. Title to the property hereinabove described was acquired by the Grantor by instrument recorded in Book 334, Page 617 and Book 408, Page 588, Chowan County Registry. 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. Grantor covenants to and with Grantee that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever, subject to the exceptions hereinafter stated: 1. Ad valorem taxes for the year 2017 and subsequent years. 2. Easements of record. 3. Any local, county, state, or federal laws, ordinances. or regulations relating to zoning, environment, subdivision, occupancy, use, construction, or development of the subject property. 4. Restrictive covenants and the amendments thereto, if any, of record in the aforesaid Public Registry. Book 498 Page 321 IN WITNESS WHEREOF the said Grantor has hereunto set its hand and seal on the day and the year first above written. ALB Boats, Inc. BY: (SEAL) G. Scott Mc ghlin, President STATE OF NORTH CAROLINA, COUNTY OF TYRRELL: I, s s. n A A 5 a Notary Public of the County and State aforesaid, do hereby certify that G. Scott McL utI ghlin personally appeared before me this day and acknowledged that he is President of ALB Boats, Inc. a corporation, and that he, as President, being authorized to do so, executed the foregoing instrument on behalf of the corporation. st pma"s 1— Witness my hand and official stamp or seal this I day of duly, 2017. My commission expires: (c � 7L4) 17 (SEALk\�\-k4vrlii N A /Hs` PUBLIC IC = ifrflOW Notary Public CROSS SECTION DETAIL BOAT BASIN BREAKWATER ALBEMARLE BOATS MIDWAY DRIVE, EDENTON, NC PERQUIMANS COUNTY EXISTING CORRUGATED STEEL BULKHEAD WITH CUT BREAKWATER SLOTS UPLAND A- NATURAL GROUND LEVEL LANDWARD OF REVETMENT B - RIPRAP REVETMENT C - SAND LEVEL OUTSIDE OF BASIN, WESTWARD OF BREAKWATER D - NWL INSIDE OF BASIN, EASTWARD OF BREAKWATER E - SAND LEVEL INSIDE OF BASIN, EASTWARD OF BREAKWATER F - NWL OUTSIDE OF BASIN, WESTWARD OF BREAKWATER G - TOP OF PIER WALKWAY H - NORMALALBEMARLE SOUND WATER LEVEL I - EXISTING BOTTOM OF SOUND J - SAND COVERAGE OF BREAKWATER SLOTS OPEN TO INSIDE BASIN WAVE ACTION - 80 FT (NTS) K - STEEPER SLOPE OF OUTSIDE SAND LEVEL TO NWL, OPEN SLOTS EVEN WITH SAND LEVEL & LANDWARD OF NWL, SUBJECT TO OUTSIDE WAVE ACTION - 22 FT TO NWL (NTS) L - NWL TO END OF BREAKWATER - 74 FT (NTS) M - PROPOSED COVERAGE OF 74 BREAKWATER SLOTS - 114 FT, (NTS) N - UNDISTURBED SLOTS TO END OF BREAKWATER - 62 FT (NTS) O - BOTTOM LEVEL INSIDE BASIN AFTER MAINTENANCE DREDGING FOOT OF BREAKWATER TO NWL - 102 FT --ADDITIONAL PROPOSED COVERAGE OF SLOTS - 12 FT NWL TO END OF BREAKWATER - 74 FT BK0266PG0262 STATE OF NORTH CAROLINA COUNTY OF CHOWAN Filed for Record in the a-ce; cif the 'Register *feQGeh.clo.v-.0 C01i e 1Q , r � at _:n ahe and RE,:" 1,Z/w...... D_E!,D, in . � M_ Book No.---�. I.��Pryf>vAir .- 9 Susan S`ouna, e -L. r of eeiis _1_ r1l DECLARATION OF COVENANTS AND RESTRICTIONS For Conservation of Waterfront Property THESE RESTRICTIVE COVENANTS ("Restrictive Covenants") are made on this 3/= day of Ot(46(f7 , 2000, by and between EDENTON-CHOWAN DEVELOPMENT CORPORATION, with an address at PO Box 241, Edenton, NC 21932 ("Grantor") and the STATE OF NORTH CAROLINA, with its address c/o State Property Office, 1321 Mail Service Center, Raleigh, NC 27699-1321 ("State" or "Grantee"), acting solely through the North Carolina Clean Water Management Trust Fund, with its address at IN 2313-B Executive Park Circle, Greenville, NC 27834 ("Fund"). A RECITALS & CONSERVATION PURPOSES �i A. Grantor is the sole owner in fee simple of a parcel of a property being "ZI approximately 2.179 acres immediately adjacent to the Albemarle Sound in Chowan County, State of North Carolina and being all of that certain tract as more particularly described in Exhibit A attached hereto and by this reference incorporated herein ("Property"); and phi B. The Clean Water Management Trust Fund ("Fund") is an agency of the State• of North Carolina ("State") and is authorized by Article 13A, Chapter 113 of the General Statutes of North Carolina ("N.C.G.S.") to fmance projects and to acquire land and interests in land, including conservation easements for riparian buffers for the purposes of providing environmental protection for surface waters and urban drinking water supplies and establishing a network of riparian greenways for environmental, educational, and recreational uses; and C. Grantor previously received a grant from the Fund for acquisition of a larger encompassing tract of real property in consideration of which Grantor has agreed that the Property will be conserved and managed (including conducting any additional work consistent with this Declaration) in a manner that will protect the quality of the waters of Albemarle Sound and otherwise promote the public purposes authorized by Article 13A, Chapter 113 of the N.C.G.S. D. In order to ensure such conservation and management of the Property, the Fund has required Grantor to grant State a conservation easement, which must be approved by the Council of State and duly recorded (the "Conservation Easement"); and E. Grantor has delivered to the Fund said Conservation Easement, however it has not been approved by the Council of State, and F. Fund and State require Grantor to record these restrictive covenants to ensure appropriate conservation and management of the Property until such time as the Conservation Easement is recorded. NOW, THEREFORE, in coBsKid-eratioon6 ii P3eihi;'es and the mutual benefits recited herein, together with other good and valuable consideration to Grantor and to the State as protector of the public interests it promotes, the Grantor hereby adopts and declares the Property subject to the restrictions hereinafter set forth, the purposes which are to provide environmental protection for surface waters and to protect the wildlife and natural heritage values of the Property. ARTICLE I. DURATION OF RESTRICTIVE COVENANTS These foregoing covenants and restrictions shall be construed to be covenants running with the land and, with any amendments made pursuant to Section VI.E. herein, shall be binding and effective until January 1, 2095, at which time they shall be automatically extended for successive periods of five (5) years; provided that these restrictions and covenants may be terminated at any time by recordation of an instrument of termination executed by Grantor and State or by recordation by Grantor of a conservation easement covering the Property and naming as grantee the State or its designee. ARTICLE II. RIGHTS RESERVED TO GRANTOR Grantor reserves certain rights accruing from ownership of the Property, including the right to engage in or permit others to engage in uses of the Property that are not inconsistent with the purpose(s) of these Restrictive Covenants. The following rights are expressly reserved: (A) To engage in passive recreational uses of the Property (requiring no surface alteration of the land and posing no threat to conservation values), including, without limitation, walking, fishing, or animal and plant observation; and, (B) To allow public access to the property for the purpose of conducting educational tours, scientific study, maintenance of the Property and any other purpose consistent with maintaining the conservation value. (C) To conduct any additional work on the property consistent with this Declaration. Notwithstanding the foregoing, Grantor and Grantee have no right to agree to any activity that would result in the termination of this Conservation Easement. ARTICLE III. PROHIBITED AND RESTRICTED ACTIVITIES Any activity on, or use of, the Property inconsistent with the purposes of these Restrictive Covenants is prohibited. The Property shall be maintained in its natural, scenic, wooded and open condition and restricted from any development or use that would impair or interfere with the conservation purposes of these Restrictive Covenants set forth above. Without limiting the generality of the foregoing, the following activities and uses are expressly prohibited or restricted. A. Industrial and Commercial Use. Industrial and commercial activities and any right of passage for such purposes are prohibited. BK0266PG026 B. Agricultural Timber Harvesting Grazm an Horticultural Use. Agricultural, timber harvesting, grazing, horticultural and animal husbandry operations are prohibited. C. Disturbance of Natural Features, Plants and Animals. There shall be no cutting or removal of any trees or shrubs, nor disturbance of any existing vegetation, nor disturbance of any natural features except as incidental to construction and maintenance of nature trails and public access allowed hereunder. Fishing may be allowed pursuant to applicable State and local rules and regulations. No hunting shall be allowed from the Property D. Construction of Buildings and Recreational Use. There shall be no constructing or placing of any structure, building, mobile home, asphalt or concrete or any other impervious pavement, billboard or other advertising display, antenna, utility pole, tower, conduit, line, pier landing, dock or any other temporary or permanent structure or facility on or above the Property except for: structures consistent with the purpose of the Conservation Easement and approved in advance of construction by the Grantee in writing; the placing and display of. no trespassing signs; local, state or federal traffic or similar information signs; for sale or lease signs; fencing; signs identifying the conservation values of the Property, and/or signs identifying the Grantor as owner of the Property, the conservation purposes to which it is restricted and that the State is the source of funding for the acquisition of this Property; educational and interpretative signs; identification labels; or any other similar temporary or permanent signs reasonably satisfactory to the Fund and approved in advance of placement by the Grantee in writing E. Mineral Use, Excavation, Dredging. There shall be no filling, excavation, dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals or other materials, and no change in the topography of the land in any manner except as approved in advance in writing by the Grantee as necessary for the purpose of combating erosion or incidental to any conservation management activities otherwise permitted in these Restrictive Covenants. F. Wetlands and Water Quality. There shall be no pollution or alteration of water bodies and no activities on the Property that would be detrimental to water purity or that would alter natural water levels, drainage, sedimentation and/or flow in or over the Property or into any surface waters, or cause soil degradation or erosion nor diking, dredging, alteration, draining, filling or removal of wetlands, except activities to restore natural hydrology or wetlands enhancement as permitted by State and any other appropriate authorities. G. Dumping. Dumping of soil, trash, ashes, garbage, waste, abandoned vehicles, appliances, or machinery, or other materials on the Property is prohibited. H. Conveyance and Subdivision. The Property may not be subdivided, partitioned, nor conveyed except in its current configuration as an entity or block of property. ARTICLE IV. ENFORCEMENT AND REMEDIES A. Enforcement. To accomplish the purposes of these Restrictive Covenants, Grantee is allowed to prevent any activity on or use of the Property that is inconsistent with the purposes of these Restrictive Covenants and to require the restoration of such areas or features of the Property that may have been damaged by such activity or use. Upon any breach of the terms of these Restrictive Covenants by Grantor that comes to the attention of the State, the State shall notify the Grantor in writing of such breach. The Grantor shall have ninety (90) days after receipt of such notice to begin undertaking actions that are reasonably calculated to correct promptly the conditions cotdtitldtg sch`brh6f the breach remains uncured after ninety (90) days, the State may enforce these Restrictive Covenants by appropriate legal proceedings including damages, injunctive and other relief The State shall also have the power and authority: (a) to prevent any impairment of the Property by acts which may be unlawful or in violation of these Restrictive Covenants; (b) to otherwise preserve or protect its interest in the Property; or (c) to seek damages from any appropriate person or entity. The rights and remedies of the State provided hereunder shall be in addition to, and not in lieu of all other rights and remedies available to the State in connection with this Declaration of Covenants and Restrictions, including, without limitation, those set forth in the Grant Agreement under which these Restrictive Covenants were obtained. B. Inspection State, its employees and agents and its successors and assigns, have the right, with reasonable notice, to enter the Property at reasonable times for the purpose of inspecting the Property to determine whether the Grantor, Grantor's representatives, or assigns are complying with the terms, conditions and restrictions of these Restrictive Covenants. C. Acts Beyond Grantor's Control Nothing contained in these Restrictive Covenants shall be construed to entitle State to bring any action against Grantor for any injury or change in the Property caused by third parties, resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken in good faith by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to life, damage to property or harm to the Property resulting from such causes. D. Cost of Enforcement Any cost incurred by Grantee in enforcing the terms of these Restrictive Covenants against Grantor, including, without limitation, any cost of restoration necessitated by Grantor's acts or omissions in violation of the terms of these Restrictive Covenants, shall be borne by Grantor. E. No Waiver. Enforcement of the Restrictive Covenants shall be at the discretion of the Grantee and any forbearance by Grantee to exercise its rights hereunder in the event of any breach of any term set forth herein shall not be deemed or construed to be a waiver by Grantee of such term or of any subsequent breach ofthe same or of any other term of these Restrictive Covenants or of Grantee's rights. No delay or omission by Grantee in exercise of any right or remedy shall impair such right or remedy or be construed as a waiver. ARTICLE V. DOCUMENTATION AND TITLE A. Property Condition. The parties acknowledge that the Property is currently undeveloped land, with no improvements, other than as described in Exhibit A, and easements and rights of way of record. B. Title. The Grantor covenants and represents that the Grantor is the sole owner and is seized of the Property in fee simple and has good right to establish the aforesaid; that there is legal access to the Property, and that except as otherwise approved by Grantee and noted by reference herein, the Property is free and clear of any and all encumbrances except easements of record which will not nullify, impair or limit in any way the terms or effect of these Restrictive Covenants, and an acquisition Deed of Trust; Grantor shall defend its title against the claims of all persons whomsoever, and Grantor covenants that the State shall have the benefit of all of the benefits derived from and arising out of the aforesaid Restrictive Covenants. BK0266PG0266 ARTICLE VI. MISCELLANEOUS A. Subsequent Transfers. Grantor and Grantee acknowledge that Grantor has heretofore granted the Lessee of the Property and underlying larger tract of real property an option to purchase the Property subject to these Restrictive Covenants and the Conservation Easement. Grantor agrees for itself, its successors and assigns, to notify State in writing of the names and addresses of any party to whom the Property or any part thereof is to be transferred at or prior to the time said transfer is consummated. Any transferee or assignee of the Property shall take title subject to these Restrictive Covenants and subject to Grantor's obligation to grant State the conservation easement as set forth herein, and shall perform all such acts as shall be necessary to effect the transfer. Grantor, for itself, its successors and assigns, further agrees to make specific reference to these Restrictive Covenants in a separate paragraph of any subsequent lease, deed or other legal instrument by which any interest in the Property is conveyed. In the event of transfer of the property subject to this Conservation Easement, Grantor may reserve for itself such easement rights as it considers necessary. B. Extinguishment. In the event this Conservation Easement is extinguished as the result of a final judicial proceeding in the nature of the assertion of an imminent domain claim, the Grantor shall be entitled to share in the net proceeds resulting from the extinguishment in amounts equal to the proportionate value that the Conservation Easement, at the time of its execution, bears to the property as a whole at that time. C. Conservation PjgWse. (1) The parties hereto recognize and agree that the benefits of these Restrictive Covenants are in gross and assignable, provided, however that the Grantee hereby covenants and agrees, that in the event it transfers or assigns its interest in these Restrictive Covenants, the organization receiving the interest will be a qualified organization as that term is defined in Section 170(h)(3) of the Internal Revenue Code of 1986 (or any successor section) and the regulations promulgated thereunder, which is organized or operated primarily for one of the conservation purposes specified in Section 170(h)(4)(A) of the Internal Revenue Code, and the Grantee further covenants and agrees that the terms of the transfer or assignment will be such that the transferee or assignee will be required to continue to carry out in perpetuity the conservation purposes that the contribution was originally intended to advance, set forth in the Recitals herein. (2) Unless otherwise specifically set forth in these Restrictive Covenants, nothing herein shall convey to or establish for the public a right of access over the Property. D. Recording. State shall record this instrument and any amendment hereto in timely fashion in the official records of Chowan County, North Carolina, and may re-record it at any time as may be required to preserve its rights or the rights and interests of the State. E. Notices. All notices, requests or other communications permitted or required by this Agreement shall be sent by registered or certified mail, return receipt requested, addressed to the parties as set forth above, or to such other addresses such party may establish in writing to the other. All such items shall be deemed given or made three (3) days after being placed in the United States mail as herein provided. In any case, where the terms of these Restrictive Covenants require the consent of any party, such consent shall be requested by written notice. Such consent shall be deemed denied unless, within ninety (90) days after �8 o2 6�Pc1261 receipt of notice, a written notice o a prova an the reason therefore has been mailed to the party requesting consent. F. Amendments. Grantor shall not amend these Restrictive Covenants except with the consent of the State. Any amendment(s) shall be effective upon recording in the public records of Chowan County, North Carolina. G. Environmental Condition of Property. The Grantor warrants, represents and covenants to the State that to the best of its knowledge after appropriate inquiry and investigation that: (a) the Property described herein is and at all times hereafter will continue to be in full compliance with all federal, state and local environmental laws and regulations, and (b) that Grantee is unaware of any hazardous materials, wastes, or other environmentally regulated substances, or other adverse environmental conditions in, on or under the Property, and the Grantor will not allow such uses or conditions. H. Entire Agreement. This instrument and the Conservation Easement sets forth the entire agreement of the parties with respect to the Restrictive Covenants and supersedes all prior discussions, negotiations, understandings or agreements relating to the Restrictive Covenants. If any provision, or portion thereof is found to be invalid, the remainder of the provisions of these Restrictive Covenants and portions thereof, and the application of such provision and portion thereof to persons or circumstances other than those as to which it is found to be invalid, shall not be affected hereby, and shall be fully valid and enforceable to the fullest extent and duration allowed by applicable law. The party(ies) hereto intends this document to be an instrument executed under seal. If any party is an individual, partnership or limited liability company, such party hereby adopts the word "SEAL" following his/her signature and the name of the partnership or limited liability company as his/her/its legal seal. The Recitals set forth above and the Exhibits attached hereto are incorporated herein by reference. 1. Indemnity. The Grantor agrees to the fullest extent permitted by law, to defend, protect, indemnify and hold harmless the State from and against all claims, actions, liabilities, damages, fines, penalties, costs and expenses suffered as a direct or indirect result of any violation of any federal, state, or local environmental or land use law or regulation or of the use or presence of any hazardous substance, waste or other regulated material in, on or under the Property. J. Interpretation. These Restrictive Covenants shall be construed and interpreted under the laws of the State of North Carolina, any ambiguities herein shall be resolved so as to give maximum effect to the conservation purpose sought to be protected herein. K. Parties. Every provision of these Restrictive Covenants that apply to the Grantor or to the Grantee shall likewise apply to their respective successors, assigns and grantees and all other successors in interest herein. L. Mereer. The parties agree that the terms of these Restrictive Covenants shall survive any merger of the fee and easement interest in the Property. M. Subsequent Liens. No provisions of these Restrictive Covenants shall be construed as impairing the ability of Grantor to use this Property for collateral for borrowing purposes, provided that any mortgage or lien arising therefrom shall be subordinated to these Restrictive Covenants. BK0266PGO268 IN WITNESS WHEREOF, Grantor, by authority duly given, has hereunto caused these presents to be executed by their respective officers and its seal affixed, to be effective the day and year first above written. GRANTOR: ENTON OWAN DEVELOPMENT CORPORATION By: Title: Chairman, Board of Directors ATTEST: [SEAL] Title: Secretary, Board of Directors serlZ. STATE OF NORTH CAROnLINA � PC — COUNTY OF CM U I MANS I, Cbr r i e Notary Public, do hereby certify that 5YEL E" personally came befo me this day and acknowledged that he/she is Secretary of th EDENTON CHOWAN DEVELOPMENT CORPORATION, a North Carolina corporation and that by authority duly given and as the act of the corporation the foregoing instrument was signed in its name by the Chairman, Board of Directors, sealed with its corporate seal, and attested by him as its Secretary. Witness my hand and notarial seal, this the. �day of Pr UGt SST , 2000, 0an) c a r) - h- L' Oc Notary Public My commission expires: STATE OF NORTH CAROLINA CROWAN COUNTY The foregoing certificate(X) of CARRIE D. BRIDGERS be correct. This ?Nay of SEPTEMBER 2000. SUSAN S. ROUNTREE Register of Deeds 1,Y y , 0 DEPUTY REGIOTER OF DEEDS RECORDED & VERIFIED: SEE ATTACHMENT PAGE #269 UQ�'apTAlq j„ �. QN 1 `, 'CU .\G i ? y p�p,,gNS1GO0,,,°• Notaries Public,�sPc Alffed �oS OF NC T,.4TE 890266PG0269 EXHIBIT A All that certain lot or parcel of land situated in Fourth Township, Chowan County, NC owned by the Edenton-Chowan Development Corporation and as shown on a survey map as "2.179 acres Portion of Parcel Two" subject to a "Conservation Easement to State of North Carolina"; said map prepared by Josiah A. Webb, III, RLS # L-2989 dated May 22, 2000 and recorded in Plat Cabinet 1, Slide 190A of the Chowan County Registry; and more particularly described as: Beginning at an existing iron pin being the southwest corner of the public 60 ft. right of way of NCSR 1119 "Midway Drive" where State Maintenance of said road ends and being the northwest corner of land now or formerly owned by Union Camp Corporation; from said beginning point following a computed bearing of South 78 degrees 19 minutes 44 seconds West and a distance of 293.50 feet to the POINT AND PLACE OF BEGINNING being a set iron pin lying in the boundary between Parcel One and Parcel Two of said survey map; running from said POINT AND PLACE OF BEGINNING along said boundary the following courses and distances: South 06 degrees 58 minutes 03 seconds West 91.29 feet to a point being a set iron pin; South 06 degrees 58 minutes 03 seconds West 28.71 feet to a point at the edge of the Albemarle Sound; running thence westerly,along the shoreline of the Albemarle Sound as it now exists the following courses and distances: North 76 degrees 26 minutes 34 seconds West 126.39 feet to a point; North 88 degrees 1 I minutes 18 seconds West 206.87 feet to a point; North 88 degrees 39 minutes 37 seconds West 229.63 feet to a point; South 85 degrees 25 minutes 15 seconds West 257.98 feet to a point; running thence along the boundary between Parcel Two and Parcel Three the following courses and distances: North 06 degrees 56 minutes 10 seconds East 50.69 feet to a point being an existing metal fence post; North 06 degrees 56 minutes 10 seconds East 240.31 feet to a point being a set iron pin; running thence the following courses and distances: North 85 degrees 25 minutes 15 seconds East 118.76 feet to a point being a set iron pin; South 06 degrees 56 minutes 10 seconds West 209.71 feet to a point being a set iron pin; South 88 degrees 26 minutes 12 seconds East 550.00 feet to a point being a set iron pin; North 06 degrees 58 minutes 03 seconds East 49.60 feet to a point being a set iron pin; South 76 degrees 26 minutes 34 seconds East 150.00 feet to the set iron pin being the POINT AND PLACE OF BEGINNING; being 2.179 acres as shown on the aforementioned recorded map. N.C. DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION (MAJOR PERMIT) CERTIFIED MAIL RETURN RECEIPT REQUESTED or HAND DELIVERED June 03, 2023 Date Edenton-Chowan Partnership, Inc. Name of Adjacent Riparian Property Owner 101 West Water Street Address Edenton, NC 27932 City, State Zip To Whom It May Concern: This correspondence is to notify you as a riparian property owner that I am applying for a CAMA Major permit to repair and modify 114 feet of an existing boat basin breakwater, and construct a 105-ft riprap revetment on shoreline on my property at Albemarle Boats, 142 and 142C Midway Drive, Cape Colony Subdivision, Edenton, NC 27932 in Chowan County, which is adjacent to your property. A copy of the application and project drawing is attached/enclosed for your review. If you have no objections to the proposed activity, please mark the appropriate statement below and return to me as soon as possible. If no comments are received within 30 days of receipt of this notice, it will be considered that you have no comments or objections regarding this project. If you have objections or comments, please mark the appropriate statement below and send your correspondence to: Ms. Cynthia Rountree, NC CAMA Officer, 401 S. Griffin Street, Suite 300, Elizabeth City, NC 27909. If you have any questions about the project, please do not hesitate to contact me at my address/number listed below, or by email at: ken@kenobz.com. Sincerely, Kenneth Elliott, for Edenton Real Estate Holdings, LLC 252-339-9021 / ken@kenobx.com Property Owner's Name Telephone Number / Email Address PO Box 112, Aydlett, NC 27916 Address City State I have no objection to the project described in this correspondence. I have objection(s) to the project described in this correspondence. Adjacent Riparian Sig aturc Date Edenton-Chowan Partnership, Inc. Print or Type Name 101 West Water Street, Edenton, NC 27932 Address City 252-482-2007 Telephone Number State Zip Revised July 2021 ■ CERTIFIED Mi Domestic Mail Only G C "Imad Md FW LJ! E- US 9MNE!! & FM P'mx bm rld llwp-- ©pwgr /rawrN4 r-q ❑FAMM muft " PeWmelk 0 0 ❑prurYrat..rleraortiw� i Firs. oA .•> .d Tracking Number: 70219950400155035474 0 �°' o.,n"rq f '- Copy Add to Informed Delivery [https:llinform eddeliver ru Edenton-Chowan PTP, Inc. Roland vaughan, Director ,•: lcl west water Street Edenton, NC 27932 Latest Update Your item was delivered to an individual at the address at 3:58 pm on June 7. 2023 in EDENTON, NC 27932. Get More Out of LISPS Tracking: LISPS Tracking Plus4 S Delivered Delivered, Left with Individual EDENTON, NC 27932 June 7, 2023. 3:58 pni Available for Pickup EDENTON 100 N BROAD ST EDENTON NC 27932-9998 M-F 0830-1700 June 7, 2023, 9:26 am Out for Delivery EDENTON, NC 27932 June 7, 2023, 8:03 am Arrived at Post Office EDENTON, NC 27932 June 7, 2023, 7:52 am Departed ASPS Regional Facility ROCKY MOUNT NC DISTRIBUTION CENTER June 7, 2023, 4:47 am Arrived at LISPS Regional Facility ROCKY MOUNT NC DISTRIBUTION CENTER June 6, 2023, 11:16 pm Departed USPS Regional Facility RALEIGH NC DISTRIBUTION CENTER June 6, 2023, 8:57 pm Arrived it USPS Regional Facility RALEIGH NC DISTRIBUTION CENTER June 5, 2023, 11:20 pm Departed Post Office WiLLIAMSTON, NC 27892 June 5, 2023, 5:03 pm USPS in possession of item WILLIAMSTON, NC 27892 June 5. 2023. 8:53 am Hide Tracking History Track Mother Package Enter tracking or barcode numbers See More \/ Need More Help? Contact USPS Tracking support for further assistance. FAQs June 03, 2023 Elliott Consulting 202 Elliott Road, PO Box 112 Aydlett, North Carolina 27916 Edenton-Chowan Partnership, Inc. Phone: 252-339-9021 Roland Vaughan, Director 101 West Water Street Edenton, NC 27932 Dear Adjacent Owner: I am writing to you on behalf of Edenton Real Estate Holdings, LLC, 5752 US Hwy. 117, Wallace, NC 28466, owner of two parcels at 142 and 142C Midway Drive, Edenton, NC 27932, who is applying for an NC Division of Coastal Management CAMA Major Permit #44-01 Modification for a construction project to repair and modify the Edenton Boats boat basin. The applicant's two parcels are adjacent and riparian to your property at 140 Midway Drive. The specifics of the proposed work are in the enclosed application forms, drawings, and narrative. Intended work requiring approval from NC Coastal Management includes: • Repair and cover breakwater slots along 114 feet of the western breakwater wall of the boat basin, which have allowed sand to migrate to the interior of the boat basin and causing shoaling. • Construct a 16-ft wide rip rap and concrete revetment along a 105-ft long section of the northwest non - stabilized shoreline inside the boat basin. As an 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. Please review the attached riparian owner notification statement form, narrative, and drawings. If you have no objections to the project, please indicate as such at the bottom of the enclosed owner's statement and then return the statement to my office in the enclosed self-addressed stamped envelope. If it would be more convenient, you can also scan and email the signed form to my office at ken@kenobx.com. Should you have any objections to this proposal, please send your written comments to Ms. Cynthia Rountree, NCDEQ Division of Coastal Management, 401 S. Griffin St., Suite 300, Elizabeth City, NC 27909 within 30 days of your receipt of this notice. Such comments will be considered by the Division 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 252-339-9021, or e-mail me at ken(a),kenobx.com. Mr. Burch Perry, General Manager of Albemarle Boats, can also be reached at his office at 252-482-7423 or by email at BPerry@albemarleboats.com. Edenton Real Estate Holdings appreciates your consideration of this project. Thank you, (� - (FL " _- -.= i - Ken Elliott Elliott Consulting 06/03/2023 Albemarle Boats Breakwater & Shoreline Project Modification of CAMA Major Permit #44-01 Project Narrative Edenton Real Estate Holdings, LLC is applying to the NC Division of Coastal Management to modify an existing breakwater at the Albemarle Boats manufacturing facility boat basin for improved stability of the basin and improved access by large boats inside the basin as it was originally designed. Historically, CAMA permitting allowed Albemarle Boats to construct the basin to provide a depth of -8 NWL for its 275-ft width. However, approximately 100 feet of the basin width on the western side has continuing problems with siltation entering the basin through a series of breakwater slots in the western wall of the basin, which causes the need for repeated maintenance dredging of the basin. In an effort to alleviate the maintenance frequency and prolong the basin performance, Edenton Real Estate Holdings proposes to cover the slots no longer being used to flush the basin with flow from Albemarle Sound. Additionally, Edenton Real Estate Holdings proposes to construct a 105-ft long riprap revetment along a section of the north shoreline inside the basin. This section of shoreline has no hardened shoreline protection and is located between riprap revetment adjacent westward and wood bulkhead adjacent eastward. To protect this shoreline from boat wake in the restricted area basin and prevent an additional source of erosive sedimentation in the basin, the applicant intends to construct this revetment. Background: Edenton Boatworks, LLC, d.b.a. Albemarle Boats, owned by Murphy Alternative Investments and located on property owned by Edenton Real Estate Holdings, LLC (also a Murphy entity) is a private -owned boat manufacturing facility, building recreational and sport fishing boats ranging from 27 feet to 53 feet in length. The minimum draft of these boats ranges from 3 feet to 5 feet. Permitted water depth in the Albemarle Boats boat basin is -8 NWL. CAMA Major Permit 444-01 was originally issued in 2001 to start expansion of the existing boat basin at the Albemarle Boats manufacturing facility, which was completed by 2007. Various permit renewals and modifications allowed construction of the basin facilities as they appear today. In 2007, breakwater construction was authorized along the western and southern bulkhead walls which allowed the flow of fresh water to enter the basin that was intended to prevent stagnation of the water within. Figure 1 shows typical breakwater construction at Albemarle Boats. Figure 1— West Wall, Albemarle Boats Breakwater Construction, as built in 2007. Page 1 of 9 In 2014, a 5-year maintenance dredging clause was added to the permit. Permit 444-01 has been subsequently renewed with the maintenance clause, and currently expires in 2026. From 2009 to 2012 the facility shoreline westward of the western breakwater experienced severe erosion, toppling trees, losing beachfront, and formed a 4-ft tall escarpment along the shoreline. MIRI_ MWd !tr np rap WW "10 W �... 7'. Figure 2 —Albemarle Boats Shoreline Erosion West of Boat Basin, January 2012 In 2014, a permitted riprap revetment was constructed along the western shoreline, allowing deep water to exist along the shoreline and along both sides of the western basin breakwater wall. Figure 3 shows newly placed riprap revetment stabilizing the western shoreline. Figure 3 —Albemarle Boats Shoreline Stabilization West of Boat Basin, April 2014 Page 2 of 9 By 2017, the western shoreline had stabilized with a sandy beach growing southward into Albemarle Sound. Also in 2017, sand was starting to migrate eastward and pass through the sand -covered breakwater slots into the basin. Figure 4 shows this migration starting. Figure 4 — Stabilized Western Beach Showing Sand Migration Into Boat Basin, March 2017 By 2022, a stabilized sandy beach with foliage had grown 85 feet southward from the base of the revetment into the Sound against the outside of the western breakwater wall, allowing sand migration through the wall along the entire 85-ft length. Water depths inside the basin now ranged from +2 NWL to -3 NWL inside the authorized western boat slips and rendering them useless. Figure 5 — Continued growth of Western Shoreline with Sand Migration Into Boat Basin, May 2018 Page 3 of 9 Figure 6 —Approximate Beach Line with Rip Rap Revetment on Western Shoreline —August 2022 Figure 7 — Shoreline Photos Taken Outside & Inside of Boat Basin at 2nd Finger Pier, August 2022 Page 4 of 9 In November 2022 the boat basin was dredged under the Permit 444-01 maintenance clause over a 10,000 sqft area, removing approximately 1250 cubic yards of sand. Sand was undisturbed outside of the basin. Within two weeks of completion of the dredging, sand again migrated into the basin due to winter storms and southerly winds. Water depths inside the basin decreased rapidly along the western breakwater wall and again rendered the inside slips useless. Figure 8 shows sand migration into the basin two weeks after maintenance dredging. Figure 8 — Sand Migration Into Basin Two Weeks After Maintenance Dredging, November 2022 r Figure 9 — Sand Migration Inside Basin, November 2022 Page 5 of 9 Figure 10 — Sand Migration Inside Basin, November 2022 Figure 11—Albemarle Boats Basin, May 2023 Page 6 of 9 Construction Process: Breakwater A _ E UPLAND STING CORRUGATED STEEL BULKHEAD WITH CUT BREAKWATER SLOTS 1% --0- - - KO L M N A - NATURAL GROUND LEVEL LANDWARD OF REVETMENT B - RIPRAP REVETMENT C - SAND LEVEL OUTSIDE OF BASIN, WESTWARD OF BREAKWATER D - NWL INSIDE OF BASIN EASTWARD OF BREAKWATER E - SAND LEVEL INSIDE OF BASIN, EASTWARD OF BREAKWATER F - NWL OUTSIDE OF BASIN, WESTWARD OF SREAKWATER G - TOP OF PIER WALKWAY H - NORMAL ALBEMARLE SOUND WATER LEVEL I - EXISTING BOTTOM OF SOUND J - SAND COVERAGE OF BREAKWATER SLOTS OPEN TO INSIDE BASIN WAVE ACTION - 8D FT (NTS) K - STEEPER SLOPE OF OUTSIDE SAND LEVEL TO NWL, OPEN SLOTS EVEN WITH SAND LEVEL & LANDWARD OF NWL. SUBJECT TO OUTSIDE WAVE ACTION - 22 FT TO NWL (NTS) L • NWL TO END OF BREAKWATER • 74 FT (NTS) M - PROPOSED COVERAGE OF 74 BREAKWATER SLOTS - 114 FT, (NTS) N - UNDISTURBED SLOTS TO ENO OF BREAKWATER - 62 FT (NTS) O - BOTTOM LEVEL INSIDE BASIN AFTER MAINTENANCE DREDGING - FOOT OF BREAKWATER TO NWL - 102 FT -ADDITIONAL PROPOSED COVERAGE OF SLOTS -12 FT - NWL TO END OF BREAKWATER -74 FT Figure 12 — Breakwater Modification at Albemarle Boats, Cross -Section Detail, West to East View The applicant intends to temporarily excavate sand in a 102-ft long trench along the outside of the western breakwater wall from the top of the shoreline revetment to the current NWL. Excavation depth of the trench will range from 3 feet at the landward end of the breakwater to a few inches at the shoreline, and maximum 5-ft width. The purpose of this excavation is to temporarily uncover the cut 1-inch slots in the steel breakwater. Figures 12 and 13 shows typical construction modification detail of the cut slots in the breakwater. Ir-19, CUT MCI n"a kr-IF aim Figure 13 — Typical Slot Section of Breakwater at Albemarle Boats, Before & After Modification Page 7 of 9 Once the slots are exposed, they will be covered mechanically with steel plate, either by a toggle bolt arrangement, or by welding. Once the slots are closed the previously excavated sand will be placed back into the trench, compacted, levelled, and returned to its previous natural state. No further breakwater construction will be carried out, and there will be no permanently disturbed land during the operation. In addition to the 102 feet of breakwater slots to be covered landward of the NWL, the applicant intends to cover another 12 feet of slots extending waterward from the NWL shoreline. This coverage is to prevent migration of eroded and suspended sand and silt due to wave action at the shoreline. The additional 6-9 slots will be covered the same as those landward of the NWL, either mechanically or by welding. No land below water level will be disturbed. Approximately 74 slots total will be covered by steel plate in a 114-ft long section of the western breakwater wall, 102 feet landward and 12 feet waterward of NWL. This will leave 62 feet of undisturbed open slots at the southern end of the west -facing breakwater, and 194 feet of undisturbed open slots in the entire south - facing breakwater. Wind and wave action through these breakwaters will prevent stagnation of water inside the basin. Revetment A bulkhead authorized in 2014 to be built along the northwestern shoreline inside the basin between the existing boathouse and the western breakwater wall was never constructed. The applicant now intends to construct a 4-ft tall riprap stone revetment along this non -stabilized shoreline, which will match the existing riprap revetment on the opposite, western side of the breakwater. A 16-ft wide layer of silt screen will first be laid in a line from the foot of the western breakwater walkway eastward 105 feet to the existing boathouse bulkhead. Riprap stone will be brought in from offsite and will be placed by hand, wheeled loader, or tracked excavator in a 16-ft wide line over the silt screen. Backfill sand will then be brought in either from an adjacent dried dredge spoil stockpile or from an offsite permitted sand pit. A topsoil cap will then be added, and groundcover sown. Landward peak of the revetment will be same height as normal ground level, and the revetment base will become the NWL shoreline once the boat basin has been re -dredged. Total disturbed land during this operation will be 250 sgft. Scopin2 Meeting: An onsite scoping meeting was held on February 9, 2023, to discuss the project. Attending were Albemarle Boats General Manager Burch Perry, CAMA representatives Ron Renaldi and Cynthia Rountree, Division of Marine Fisheries representative James Harrison, and consultant Ken Elliott. Project plans were discussed verbally, and historical photography was shown illustrating the need for the proposed construction. No changes to the proposed plans were suggested by anyone at that time. Conclusion: Albemarle Boats has a long-standing national reputation for building quality recreational and sportfishing craft at the Edenton facility. An essential part of their business is to have a functional deepwater boat basin Page 8 of 9 in which to display new boats and to have access to Albemarle Sound for testing. The construction of the western wall of the basin in 2007 as a breakwater led to partial buildup of sand along the wall but allowed migration of sand into the basin, causing a usability loss of 50%. Coverage of breakwater slots below ground level landward of the NWL shoreline will prevent migration of sand into the basin and improve the needed stability of the basin for use by large boats. All adjacent riparian landowners have been contacted and made aware of the proposed construction project. The landowners were contacted by certified mail on June 2, 2023, with information about the construction project, which included maps, a narrative description of the project, and a copy of the full application package, including MP -I, MP-2, and MP-4. All riparian owners have returnedthe notification forms signed with no objections to the project. Elliott Consulting hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. Elliott Consulting hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. Ken Elliott Elliott Consulting, LLC For Edenton Real Estate Holdings, LLC July 17, 2023 Page 9 of 9 C 0 tC! cis CJ) .Li t1� xm 0_ U W t a Z_ V J Z O Z J Q ry U O� N� z Z Q H Z j< 0 O C Q >Z LU m O C/) U o Z 0 CO W Z Of 0 " Q W cc W m J a i W_ Z O U LU U) V—O LL OV W w W ~ 2 Z CO Z J W Z oLU LU W J U H c� z J D M M Z CVO ON U oS OW m ww Co IL Co °- LLJ QU a 0 0 If 30wZ O W Y ¢ G Lu w>VF FOfLU " 7 ww<aW ���ar 00zxW zz�l=g cnQ�3a ax0WO Q0(9U W Z J Z > �¢U¢LU �LUo0-o 7y0Q In m Z Q U J a IL O Q LL J r (O O}v Z� Z�N O LL p=U LU Q 0. JO D Z U 2=wi IX �O Lu IS- ¢ oa �°Q Lu CA a J � Q Lf) a w U � Z O Z w w U 13 N O Cl) d W N V1 w > Z azon� O J r O z QmQ L'C�O Q � � 0 )C) W _ Z N U Q in Wca �z_ m W otSZU Q Q O Y�wp Ww 00 W W j i Q — _�_�_— __—_—_— C W o �— I > . -a- • ................ 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DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION (MAJOR PERMIT) CERTIFIED MAIL RETURN RECEIPT REQUESTED or HAND DELIVERED June 03, 2023 Date State of North Carolina, c/o State Property Office Name of Adjacent Riparian Property Owner 1321 Mail Service Center Address Raleigh, NC 27699-1321 City, State Zip To Whom It May Concern: This correspondence is to notify you as a riparian property owner that I am applying for a CAMA Major permit to repair and modify 114 feet of an existing boat basin breakwater, and construct a 105-ft riprap revetment on shoreline on my property at Albemarle Boats, 142 and 142C Midway Drive, Cape Colony Subdivision, Edenton, NC 27932 in Chowan County, which is adjacent to your property. A copy of the application and project drawing is attached/enclosed for your review. If you have no objections to the proposed activity, please mark the appropriate statement below and return to me as soon as possible. If no comments are received within 30 days of receipt of this notice, it will be considered that you have no comments or objections regarding this project. If you have objections or comments, please mark the appropriate statement below and send your correspondence to: Ms. Cynthia Rountree, NC CAMA Officer, 401 S. Griffin Street, Suite 300, Elizabeth City, NC 27909. If you have any questions about the project, please do not hesitate to contact me at my address/number listed below, or by email at: ken@kenobx.com. Sincerely, la—p-�� —,i— Kenneth Elliott, for Edenton Real Estate Holdings, LLC 252-339-9021 / ken@kenobx.com Property Owner's Name Telephone Number / Email Address PO Box 112, Aydlett, NC 27916 Address City State I have no objection to the project described in this correspondence. I have objection(s) to the project described in this correspondence. WQn�.d►Q U, lL -,a- ea L 4, z 62 3 Adjacent Riparian Signature Date State of North Carolina, c/o State Property Office Print or Type Name 1321 Mail Service Center, Raleigh, NC 27699-1321 919-807-4650 Telephone Number Zip Address City State Zip Revised July 2021 � � q 9� NC 94 J011111 q Cape t01.09 l e 4% 0 tl o i *WWS + I ] xnn — inel5i � mad- NC 94 — — — — - MCI SITE Albemarle Boats Midway Drive Edenton, NC 27932 LOCATION MAP -m — — lek�lnr. I 11 � 16 . r6: r a ■ . Via �_ — — Cpunt y Club 61tv�e�WIT ■ tr .. vdar� ►.. https://openstrcetmap.org/copyright https://openstreetmap.org Copyright OpenStreetMap and contributors, under an open license Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: ❑Commercial ❑Public/Government ❑Private/Community c. (i) Dock(s) and/or piers) (ii) Number (iii) Length (iv) Width (v) Floating ❑Yes [--]No e. (i) Are Platforms included? ❑Yes []No If yes: (ii) Number (iii) Length (iv) Width (v) Floating []Yes []No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed (ii) Number of slips existing i. Check the proposed type of siting: ❑ Land cut and access channel ❑Open water; dredging for basin and/or channel ❑Open water; no dredging required []Other; please describe: k Typical boat length: m. (i) Will the facility have tie pilings? ❑Yes [:]No (ii) If yes number of tie pilings? ®This section not applicable b. (i) Will the facility be open to the general public? ❑Yes ❑No d. (i) Are Finger Piers included? ❑Yes []No If yes: (ii) Number (iii) Length (iv) Width (v) Floating ❑Yes []No f. (i) Are Boatlifts included? ❑Yes ❑No If yes: (ii) Number (iii) Length (iv) Width h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies ❑ Dockage ("wet slips") only, number of slips: ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). I. (i) Will the facility be open to the general public? ❑Yes ❑No a, ., rw.nccoastalmanaaemen ,a v z a is: 121;4 s .• 6 &- !—I fW 1 IP-4 {Structures, Page 2 4' 2. DOCKING FACILITY/MARINA OPERATIONS ❑x This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: ; Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge" signs proposed. (ii) Give the location and number of "Pumpout Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? 252- -Oa :: 9-8884RCOAST ;: WWW.rrr U staiman<= ��nrm DCM P- (Structurei£ sin p, m. Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes ❑No n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? []Yes [:]No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL []None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes ❑No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) ®This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑PublicGovernment ❑Private/Community (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a. (i) Number (ii) Length (iii) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) ❑This section not applicable a. Length 114 ft repair length of b. Average distance from NHW, NWL, or wetlands existing breakwater Repair length up to 12 ft beyond NWL c. Maximum distance beyond NHW, NWL or wetlands Repair length up to 12 ft beyond NWL 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): ❑Commercial ❑PubliGGovernment ❑Private/Community C. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing b. Number d. Description of buoy (color, inscription, size, anchor, etc.) 308-2808::1- x,, 4RCOAST::www.nccc�_,�. 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines 85 ft east, 808 ft west, 470 ft north Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body 4.75 miles e. (i) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking facilities. 8.5 fi d. Water depth at waterward end of structure at NLW or NWL 2.25 ft outside basin, 5 ft inside basin 8. OTHER ®This section not applicable a. Give complete description: June 3, 2023 Date Albemarle Boats Breakwater & Shoreline Project Project Name Edenton Real Estate Holdings, LLC Applicant Name k , Applicant Signature Kenneth Elliott, agent for Edenton Real Estate Holdings, LLC and Albemarle Boats .:� 8 :: 1-888-4RCOAST :: www.nccoastaimanp—qer ent.net revised: 12127106 Chowan County 05-22 Local Government Permit Number CAMA MINOR DEVELOPMENT 1 PERMIT i i Issued to Edenton Real Estate Holdings, LLC, authorizing development in the Estuarine Shoreline (AEC) at 140 &144 Midway Drive in Edenton, NC, as requested in the permittee's application, dated November 15, 2022. This permit, issued on November 28, 2022, is subject to compliance with the application and site drawing (where consistent with the permit), all applicable regulations and 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. This permit authorizes: Fill 6746 Square foot area with fill sand within the CAMA 75-ft. AEC, grade and install ground cover. No disturbance or work permitted in wetlands. (1) All proposed development must be done in accordance with the permitted work plat drawings(s) dated received on November 15, 2022. (2) Any grading within the 30' buffer from the normal water level must be contoured to prevent additional storm water runoff to the adjacent marsh. This area shall be immediately vegetatively stabilized and must remain in a vegetated state. (3) Any change or changes in the plans for development, construction, or land use activities will require a re-evaluation and modification of this permit. (4) A copy of this permit shall be posted or available on site. Contact this office at 252-482-5618 for a final inspection at completion of work. (5) All other disturbed areas shall be vegetatively stabilized (planted and mulched) within 14 days of construction Any proposed for grading within the 30' buffer from the Normal water level must be contoured to prevent additional stormwater runoff to the adjacent marsh. This area shall be immediately vegetatively stabilized, and must remain in a vegetated state. This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. From the date of an appeal, any work conducted under this permit must cease until the appeal is resolved. This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. Any maintenance work or project modification not covered under this permit, require further written permit approval. All work must cease when this permit expires on: DECEMBER 31, 2025 In issuing this permit it is agreed that this project is consistent with the local Land Use Plan and all applicable ordinances. This permit may not be transferred to another party without the written approval of the Division of Coastal Management. " UMS- ------------------------- Holly Colombo CAMA LOCAL PERMIT OFFICIAL PO Box 1030 Edenton, NC 27932 PERMITTEE ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director EMAIL MEMORANDUM NORTH CAROLINA Environmental Quality TO: The Chowan Herald Edenton, NC 27932 c/o custom ercare(a)-apgenc.com FROM: Lisa Doepker, Administrative Specialist DATE: 9/27/2023 SUBJECT: Major Public Notice: Edenton Real Estate Holdings, LLC Please publish the attached Notice in the Saturday, 30 September 2023 issue of THE CHOWAN HERALD. Please note that this is for a one -day publication only. 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 Lisa Doepker, via email at:lisa.doepker@deq.nc.gov for payment. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Elizabeth City office (252) 264-3901. Attachment CC' Curt Weychert, Assistant Major Permits Coordinator, DCM, curt.weychert(aDdeg.nc.gov Christy Simmons, PIO, DCM, christy.simmons(aD-ncdenr.gov Ellie Davis, Accounts Payable, DCM, ellie.davis(aD-ncdenr.gov File D E Q�� North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909 o Paroneni fE�vnmmemz '� /'� 252.264.3901 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The NC Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an AEC as designated under the CAMA was received on 9/27/23. Edenton Real Estate Holdings, LLC, proposes to cover existing slats on 114 feet of the existing steel breakwater and place 16 foot by 105 foot of riprap along the shoreline of the existing boat basin with backfill., located at 142 & 142C Midway Drive Edenton, NC.in Chowan County. A copy of the entire application may be reviewed at the office of the Division of Coastal Management, located at 401 S Griffin St, Ste 300, Elizabeth City and reached by phone at (252) 264-3901 during normal business hours. Comments mailed to Braxton Davis, Director, DCM, 400 Commerce Avenue, Morehead City, NC 28557, prior to October 20, 2023, will be considered in making the permit decision. Later comments will be considered up to the time of permit decision. Project modification may occur based on review & comment by the public, state & federal agencies. Notice of the permit decision in this matter will be provided upon written request. PLEASE PUBLISH ON: September 30, 2023 0 0 M d a+ c'! O m i = = Qw I i N . O N ao=? a �- R w -� t d v i Ir QLL �+ R O _ — � 0 5% TO4. CcwV�W N O .9 oLL W 13 0 N y CL m _ CL a'f i .0__ C s ' D CL wIL♦, .m 0 3 CC _ = bib m 0 s 0 4. O a4-0*1 w O TO m IL �w ~ _ ■■ O �+ d O =O vw �y ¢ R C � to W = CO y O W = N O 1% * _ Z N O z ov = U d W N R 0 - W U U Q Permit Application Report Application ID Application Type Submitted App Complete Deadline Decision Expiration PA-1130 DCM Major Permit 09-09-2023 Primary Applicant Information Applicant Type Title Business Name Name Email Business Mobile Phone Phone Business/Company Edenton Real Edenton Real albemarleboats@kenobx.com 910-285-1005 n/a Estate Holdings, Estate LLC Holdings, LLC Physical Address Mailing Address Street 1 City State Zip Street 1 City State Zip 5752 US Hwy 117 Wallace NC 28466 PO Box 160 Wallace NC 28466 South Registered Agent Information Agent Type I Title Business Name Name Email Business Phone Mobile Phone Business/Company Elliott Consulting Elliott Consulting ken@kenobx.com 252-339-9021 252-339-9021 Physical Address Mailing Address Street 1 City State Zip Street 1 City State Zip 202 Elliott Road Aydlett NC 27916 PO Box 112 Aydlett NC 27916 Project Information Project Name Project Type Disturbed Land Area (Scl Ft/Acres) Albemarle Boats Breakwater & Shoreline Project Commercial 1135 Sq. Ft. / 0.03 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: CAMA Major Permit #44-01 issued 2001 to Waff Contracting, transferred to GSM Properties, Inc., then Transferred to Edenton Real Estate Holdings, LLC, last renewal on 3-7-2022, CAMA Minor Development Permit #05-22 issued to Edenton Real Estate Holding Project Location Information Address County River Basin Subdivision County Parcel ID Latitude Longitude 142 & 142C Midway Drive Edenton, NC 27932 Chowan Pasquotank Fourth / Cape Colony 781300919800, 781300916844 36.01068 -76.56558 Project Discharges to State Waters Discharge Type Surface Sanitary Runoff Wastewater Industry/Commercial I Effluent Vessel 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: 142C (aka 140) Midway Drive - Albemarle Boats industrial sport fishing & recreational boat manufacturing facility (108,818 sq.ft.) includes gravel parking lot, gravel driveway, and 500-ft L x 12-ft W rip rap revetment. 142 (aka 144) Midway Drive has 6,686 sq.ft. combination boat shelter & garden apartment, 174' pier/breakwater, 190' breakwater, 75' pier, 74' concrete walkway, 580' L chain link fence. Existine Land Uses: 142C Midway Dr. - sport fishing & recreational boat manufacturing facility 142 Midway Dr. - boat preparation, display, docking, & testing facility Existing Wastewater Treatment/Disposal: Edenton / Chowan Water & Wastewater Treatment Department Solid Waste/Fish Offal/Trash Disposal: Chowan County Solid Waste Dept. Use and Daily Operations of the Project When Complete Proposed Development Purpose: Project is to stabilize the shoreline and water depth inside the Albemarle Boats boat basin, used for launching, testing, docking & displaying new sport -fishing & recreational boats manufactured there. Buildings/Facilities/Units/Structures: 105' long x 16' wide riprap & stone revetment with silt screen and backfill along shoreline inside boat basin, remainder of work is repair & modification of 114' of existing steel breakwater. Use & Daily Operations: Launching, displaying, docking large manufactured boats in deep -water boat basin, testing of equipment & function on docked boats Construction Methodology & Equipment: Preparation - mini -excavator or hand tools to dig trench & fill in afterward; breakwater repair - hand tools & welding equipment; revetment construction - rock brought in by dump truck & unloaded, tracked excavator or mini loader to put rock in place over silt - screen, loader & tractor to install & smooth backfill behind rock. Development Activities Narrative Specifics: Cover existing slats in 114 linear feet of existing steel breakwater by welding or mechanical application of steel plates to the slats. Construct 16-ft wide by 105-ft long rock & riprap revetment along north shoreline of existing boat basin. Long narrative attached. Application Narrative: Albemarle Boats Breakwater & Shoreline Project Long narrative attached. 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) True 1 Source of Erosion Amount Information Google Earth historical imagery 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 105 16 6.85 10.25 Sq Ft of Fill to be Placed Below Water Level Type of Fill Material Source of Fill Material 670 Sand; Rock; Earth Vulcan Materials for rip rap stone, offsite stockpile of concrete, sand & soil from permitted sand p How Will Fill Material be Kept on Site and Erosion Controlled Stockpiled fill sand kept behind silt fence. 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: False 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: False 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 Marina Development Activity Details Required BCH IMP-1 APPLICATION for Major Development Permit (last revised 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant Landowner Information Business Name Project Name (if applicable) Edenton Real Estate Holdings, LLC Albemarle Boats Breakwater & Shoreline Project Applicant 1: First Name MI Last Name Manager - Jeffrey B Turner Applicant 2: First Name MI Last Name n/a n/a n/a If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State 5752 US Hwy 117 South 160 Wallace NC ZIP Country Phone No. FAX No. 28466 USA 1 ext. Street Address (if different from above) City S tate ZIP Same Same Same -Same Email n/a 2. AgentContractor Information Business Name Elliott Consulting Agent/ Contractor 1: First Name MI Last Name Kenneth C Elliott Agent/ Contractor 2: First Name MI Last Name n/a n/a n/a Mailing Address PO Box City State 202 Elliott Road 112 A dlett NC ZIP Phone No. 1 Phone No. 2 27916 252 - 339 - 9021 ext. 252 - 377 7479 ext. FAX No. Contractor # n/a n/a Street Address (if different from above) State ZIP Same 7Same Same -Same Email ken kenobx.com <Form continues on back> nt.net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Chowan 142 & 142C Midway Drive 1119 Subdivision Name City State Zip Fourth / Cape Colony Edenton NC 27932 Phone No, Lot No.(s) (if many, attach additional page with list) 252 - 482 - 7423 ext. 142 Midway Drive, 142C,Midway Drive a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Pasquotank Albemarle Sound c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade []Unknown Albemarle Sound e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. Chowan Count 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 1043 ft 415,519 sq.ft. (2 parcels) c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 142 - 83,156 sq.ft., 142C - 332,363 sq.ft. NWL (normal water level) (If many lot sizes, please attach additional page with a list) +8 ❑NHW or ®NWL e. Vegetation on tract Cypress & pine trees, scrub brush, mowed lawns. f. Man-made features and uses now on tract 142C (aka 140) Midway Drive - Albemarle Boats industrial sport fishing & recreational boat manufacturing facility (108,818 sq.ft.) includes gravel parking lot, gravel driveway, and 500-ft L x 12-ft W rip rap revetment. 142 (aka 144) Midway Drive has 6,686 sq.ft. combination boat shelter & garden apartme 174' pier/breakwater, 190' breakwater, 75' pier, 74' concrete walkway, 580' L chain link fence. g. Identify and describe the existing land uses adjacent to the proposed project site. Albemarle Boats manufacturing facility extends into next westward parcel, then full growth woodland & swamp. North - undeveloped scrub & brush. East - NCWRC Boat Ramp, then Albemarle Sound Dock Cc, LLC barge loading & unloading facility. h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? (Attach zoning compliance certificate, if applicable) Industrial, both parcels ®Yes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a []Yes ®No ❑NA National Register listed or eligible property? <Form continues on next page> .. 1-888-._ . ., vv. ncc Z�tatnl'x:. :.nt.net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ❑Yes ®No (ii) Are there coastal wetlands on the site? ❑Yes ®No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes ®No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Edenton / Chowan Water & Wastewater Treatment Department o. Describe existing drinking water supply source. Chowan County Water Department p. Describe existing storm water management or treatment systems. Stormwater drains from building through gutter & pipe to stormwater ditch discharging offsite into swamp, does not drain directly to Albemarle Sound. 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ®Commercial ❑Public/Government ❑ Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Project is to stabilize the water depth inside the Albemarle Boats boat basin, used for launching, testing, docking & displaying new sport -fishing & recreational boats manufactured there. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Preparation - mini -excavator or hand tools to dig trench & fill in afterward; breakwater repair - hand tools & welding equipment; revetment construction - rock brought in by dump truck & unloaded, tracked excavator or mini loader to put rock in place over silt -screen, loader & tractor to install & smooth backfill behind rock. d. List all development activities you propose. Excavate trench to access repair area on breakwater, cover breakwater slots with steel plate by toggle bolts or welding, fill trench back in afterward, sow groundcover. Revetment - place 16-ft wide silt -screen in 105' line from breakwater to boat house along NWL shoreline & up escarpment, place rip rap rock on silt -screen between NWL & top of escarpment, backfill with sand & topsoil. level & add groundcover. e. Are the proposed activities maintenance of an existing project, new work, or both? Both - repair of existing breakwater, addition of new revetment to shoreline. f. What is the approximate total disturbed land area resulting from the proposed project? 1 125 ®Sq.Ft or ❑Acres 600 sq.ft. @ breakwater (temporary), 525 sq.ft. @ revetment g. Will the proposed project encroach on any public easement, public accessway or other area []Yes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. No discharges to waters of the State. i. Will wastewater or stormwater be discharged into a wetland? ❑Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ®NA j. Is there any mitigation proposed? []Yes ❑No ®NA If yes, attach a mitigation proposal. <Form continues on back> ' t;man�� Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management, Name Edenton-Chowan Partnership, Inc., Roland Vaughan, Director Phone No. Address 101 W. Water Street, Edenton, NC 27932 252-482-2007 Name State of NC, c/o State Property Office (conservation easement) Phone No. Address 1321 Mail Service Center, Raleigh, NC 27699-1321 919-807-4650 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. CAMA Major Permit #44-01 issued 2001 to Waff Contracting, transferred to GSM Properties, Inc, then transferred to Edenton Real Estate Holdings, LLC, last renewal on 3-7-2022; CAMA Minor Development Permit #05-22 issued to Edenton Real Estate Holdinas, LtC on17-28-2022. h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 1 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date June 03, 2023 Print Name Kenneth Elliott, agent for Edenton Real Estate Holdings, LLC and Albemarle Boats Signature �—��-C�,o 11J — Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ®DCM MP-4 Structures Information w.nccoastallm. ; Permit Class RENEWAL/ MAINTENANCE-5 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission ikrmft for _2L Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Permit Number 44-01 Issued to _ Edenton Real Estate Holdings LLC., 5752 South US Highway 117, Wallace. NC 28466 Authorizing development in Chowan County adjacent to the Albemarle Sound south side of SR 1119, in the Town of Edenton , as requested in the permittee's application letter dated 3/3/22. This permit, issued on March 7, 2022 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the vermit to be null and void. 1) This Renewal shall be attached to the original of Permit No. 44-01, which was transferred to the permittee on 2/9/18, as well as all subsequent renewals, refinements and modifications, and copies of all documents shall be readily available on site when a Division representative inspects the project for compliance. 2) All conditions and stipulations of the active permit remain in force under this Renewal. (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. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2026 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 DEQ and the Chair of the Coastal Resources Commission. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Edenton Real Estate Holdings LLC. ADDITIONAL CONDITIONS Maintenance Clause Permit No. 44-01 Page 2 of 2 3) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance work authorized by this permit, and such notification shall include: A. The number of the original permit. B. A statement that no dimensional changes are proposed. C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the area to be used for spoil disposal, and the estimated amount of material to be removed. The location, design and holding capacity of the spoil disposal site shall be approved by a representative of the Division prior to the initiation of any maintenance dredging activities. D. The date of map revision and the permittee's signature shown anew on the original plan. NOTE: The N.C. Division of Water Resources has assigned the proposed project DWR Project No. 01- 0088. NOTE: The U.S. Army Corp of Engineers has assigned the proposed project COE Action Id. No. SAW- 2001-120366. NOTE: A permit renewal application processing fee of $100 was received by DCM for this project. PostalTM USPS Tracking® MAILP RECEIPT .. .'nly r = I For delivery information, Visit our website at www.usps.Corril Ln IF IF6 '1 , ' . 3, rr1 CertifiedyMail Fee Lf7 05 Extra Services &Fees (check h , add feesappropilete) r-1 ❑ Return Receipt (hardcopy) ❑ Return Receipt (electronic) $ '�I r= stmark •} ❑ Certified Mall Restricted Deli ry $ •t HeFe . O ❑Adult Signature Required $ [:]Adult signature Restricted Deg ry$ :.`�..i� Tracking Number: C3 Postage t:. �t, 70210950000155035467 Ln 0 $ 6; its/-.;1=: Total Postage and Fees 48 rq Sent To State of North Carolina -- Copy Add to Informed Delivery (https://informeddelivei o $i iiran� c/o State Property office ------------------------------- City -State 1321 Mail Service Center ---------- --------------------- Raleigh, NC 27699-1321 Latest Update Your item was delivered to the front desk, reception area, or mail room at 2:49 pm on June 7, 2023 in RALEIGH, NC 27604. Get More Out of USPS Tracking: USPS Tracking Plus® Delivered Delivered, Front Desk/Reception/Mail Room RALEIGH, NC 27604 June 7, 2023, 2:49 pm Delivered to Agent for Final Delivery RALEIGH, NC 27699 June 7, 2023, 11:48 am Arrived at Post Office RALEIGH, NC 27611 June 7, 2023, 9:01 am Departed USPS Regional Facility RALEIGH NC DISTRIBUTION CENTER June 6, 2023, 8:57 pm Arrived at USPS Regional Facility RALEIGH NC DISTRIBUTION CENTER June 5, 2023, 11:20 pm Departed Post Office WILLIAMSTON, NC 27892 June 5, 2023, 5:03 pm USPS in possession of item WILLIAMSTON, NC 27892 June 5, 2023, 8:54 am 0 Hide Tracking History Text & Email Updates u USPS Tracking Plus® u Product Information Track Another Package Enter tracking or barcode numbers v See Less ^ Need More Help? Contact USPS Tracking support for further assistance. FAQs BCH IMP-1 APPLICATION for Major Development Permit (last revised 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant Landowner Information Business Name Project Name (if applicable) Edenton Real Estate Holdings, LLC Albemarle Boats Breakwater & Shoreline Project Applicant 1: First Name MI Last Name Manager - Jeffrey B Turner Applicant 2: First Name MI Last Name n/a n/a n/a If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State 5752 US Hwy 117 South 160 Wallace NC ZIP Country Phone No. FAX No. 28466 USA 1 ext. Street Address (if different from above) City S tate ZIP Same Same Same -Same Email n/a 2. AgentContractor Information Business Name Elliott Consulting Agent/ Contractor 1: First Name MI Last Name Kenneth C Elliott Agent/ Contractor 2: First Name MI Last Name n/a n/a n/a Mailing Address PO Box City State 202 Elliott Road 112 A dlett NC ZIP Phone No. 1 Phone No. 2 27916 252 - 339 - 9021 ext. 252 - 377 7479 ext. FAX No. Contractor # n/a n/a Street Address (if different from above) State ZIP Same 7Same Same -Same Email ken kenobx.com <Form continues on back> nt.net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Chowan 142 & 142C Midway Drive 1119 Subdivision Name City State Zip Fourth / Cape Colony Edenton NC 27932 Phone No, Lot No.(s) (if many, attach additional page with list) 252 - 482 - 7423 ext. 142 Midway Drive, 142C,Midway Drive a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Pasquotank Albemarle Sound c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade []Unknown Albemarle Sound e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. Chowan Count 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 1043 ft 415,519 sq.ft. (2 parcels) c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 142 - 83,156 sq.ft., 142C - 332,363 sq.ft. NWL (normal water level) (If many lot sizes, please attach additional page with a list) +8 ❑NHW or ®NWL e. Vegetation on tract Cypress & pine trees, scrub brush, mowed lawns. f. Man-made features and uses now on tract 142C (aka 140) Midway Drive - Albemarle Boats industrial sport fishing & recreational boat manufacturing facility (108,818 sq.ft.) includes gravel parking lot, gravel driveway, and 500-ft L x 12-ft W rip rap revetment. 142 (aka 144) Midway Drive has 6,686 sq.ft. combination boat shelter & garden apartme 174' pier/breakwater, 190' breakwater, 75' pier, 74' concrete walkway, 580' L chain link fence. g. Identify and describe the existing land uses adjacent to the proposed project site. Albemarle Boats manufacturing facility extends into next westward parcel, then full growth woodland & swamp. North - undeveloped scrub & brush. East - NCWRC Boat Ramp, then Albemarle Sound Dock Cc, LLC barge loading & unloading facility. h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? (Attach zoning compliance certificate, if applicable) Industrial, both parcels ®Yes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a []Yes ®No ❑NA National Register listed or eligible property? <Form continues on next page> .. 1-888-._ . ., vv. ncc Z�tatnl'x:. :.nt.net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ❑Yes ®No (ii) Are there coastal wetlands on the site? ❑Yes ®No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes ®No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Edenton / Chowan Water & Wastewater Treatment Department o. Describe existing drinking water supply source. Chowan County Water Department p. Describe existing storm water management or treatment systems. Stormwater drains from building through gutter & pipe to stormwater ditch discharging offsite into swamp, does not drain directly to Albemarle Sound. 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ®Commercial ❑Public/Government ❑ Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Project is to stabilize the water depth inside the Albemarle Boats boat basin, used for launching, testing, docking & displaying new sport -fishing & recreational boats manufactured there. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Preparation - mini -excavator or hand tools to dig trench & fill in afterward; breakwater repair - hand tools & welding equipment; revetment construction - rock brought in by dump truck & unloaded, tracked excavator or mini loader to put rock in place over silt -screen, loader & tractor to install & smooth backfill behind rock. d. List all development activities you propose. Excavate trench to access repair area on breakwater, cover breakwater slots with steel plate by toggle bolts or welding, fill trench back in afterward, sow groundcover. Revetment - place 16-ft wide silt -screen in 105' line from breakwater to boat house along NWL shoreline & up escarpment, place rip rap rock on silt -screen between NWL & top of escarpment, backfill with sand & topsoil. level & add groundcover. e. Are the proposed activities maintenance of an existing project, new work, or both? Both - repair of existing breakwater, addition of new revetment to shoreline. f. What is the approximate total disturbed land area resulting from the proposed project? 1 125 ®Sq.Ft or ❑Acres 600 sq.ft. @ breakwater (temporary), 525 sq.ft. @ revetment g. Will the proposed project encroach on any public easement, public accessway or other area []Yes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. No discharges to waters of the State. i. Will wastewater or stormwater be discharged into a wetland? ❑Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ®NA j. Is there any mitigation proposed? []Yes ❑No ®NA If yes, attach a mitigation proposal. <Form continues on back> ' t;man�� Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management, Name Edenton-Chowan Partnership, Inc., Roland Vaughan, Director Phone No. Address 101 W. Water Street, Edenton, NC 27932 252-482-2007 Name State of NC, c/o State Property Office (conservation easement) Phone No. Address 1321 Mail Service Center, Raleigh, NC 27699-1321 919-807-4650 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. CAMA Major Permit #44-01 issued 2001 to Waff Contracting, transferred to GSM Properties, Inc, then transferred to Edenton Real Estate Holdings, LLC, last renewal on 3-7-2022; CAMA Minor Development Permit #05-22 issued to Edenton Real Estate Holdinas, LtC on17-28-2022. h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 1 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date June 03, 2023 Print Name Kenneth Elliott, agent for Edenton Real Estate Holdings, LLC and Albemarle Boats Signature �—��-C�,o 11J — Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ®DCM MP-4 Structures Information w.nccoastallm. ; Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock meter (excluding shoreline (NLW or NWL) Revetment stabilization Length 105 ft Width 16 ft Avg. Existing NA NA Depth Final Project NA NA Depth 1. EXCAVATION ®This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. c. (i) Does the area to be excavated include coastal wetlands/marsh d. High -ground excavation in cubic yards. (CW), submerged aquatic vegetation (SAV), shell bottom (SIB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL (--]None (ii) Describe the purpose of the excavation in these areas: 2. DISPOSAL OF EXCAVATED MATERIAL ®This section not applicable a. Location of disposal area. b. Dimensions of disposal area. c. (i) Do you claim title to disposal area? d. (i) Will a disposal area be available for future maintenance? ❑Yes [--]No ❑NA ❑Yes ❑No ❑NA (ii) If no, attach a letter granting permission from the owner. (ii) If yes, where? e. (i) Does the disposal area include any coastal wetlands/marsh f. (i) Does the disposal include any area in the water? (CW), submerged aquatic vegetation (SAV), shell bottom (SIB), ❑Yes ❑No ❑NA or other wetlands (WL)? If any boxes are checked, provide the (ii) If yes, how much water area is affected? number of square feet affected. ❑CW ❑SAV ❑SB OWL ❑None (ii) Describe the purpose of disposal in these areas: 252-808-2808 :: 'i-888-4111COAST :: www.nccoastalmanAaeemet t,tje� revises a_ _<o;106 Form DCM MP-2 (Excavation and Fill, Page 2 of 2) 3. SHORELINE STABILIZATION ❑This section not applicable (If development is a wood groin, use MP-4 — Structures) a Tvne of shoreline stabilization: b. Length: 105 ft ❑Bulkhead ®Riprap ❑Breakwater/Sill []Other: c. Average distance waterward of NHW or NWL: 6.85 ft waterward of NWL Width: 16 ft d. Maximum distance waterward of NHW or NWL: 10.25 ft e. Type of stabilization material: f. (i) Has there been shoreline erosion during preceding 12 months? Rip rap stone and clean broken concrete, no steel ®Yes []No ❑NA (ii) If yes, state amount of erosion and source of erosion amount information. g. Number of square feet of fill to be placed below water level. Bulkhead backfill Riprap 670 sq.ft. Breakwater/Sill Other i. Source of fill material. 1 ftGoogle Earth historic imagery h. Type of fill material. Vulcan Materials for rip rap stone, offsite stockpile of concrete Rip rap granite stone, clean broken concrete slab screened for no metal. 4. OTHER FILL ACTIVITIES ❑This section not applicable (Excluding Shoreline Stabilization) a (h Will fill material be brouaht to the site? MYes ❑No ❑NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW), If yes, (ii) Amount of material to be placed in the water None (iii) Dimensions of fill area 105' long x 5' Wide x 1' deep (iv) Purpose of fill Backfill for rip rap stone revetment submerged aquatic vegetation (6Av), sneii oonom (6b), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAv ❑SB ❑WL ®None (ii) Describe the purpose of the fill in these areas: n/a 5. GENERAL a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline, controlled? backhoe, or hydraulic dredge)? Stockpiled fill sand kept behind silt fence. Backhoe, tracked mini -loader, tracked excavator c. (i) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. n/a June 3, 2023 Date Albemarle Boats Breakwater & Shoreline Project Project Name d. (i) Will wetlands be crossed in transporting equipment to project site? ❑Yes ®No ❑NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. n/a Edenton Real Estate Holdings, LLC Applicant Name Applicant Signature Kenneth Elliott, agent for Edenton Real Estate Holdings, LLC and Albemarle Boats 251-aoa-z8ou c. '[-€ 88-4RCOAS II .: wyvvy.ni;roa5talmae�. eevi— .... r06 June 03, 2023 State of North Carolina c/o State Property Office 1321 Mail Service Center Raleigh, NC 27699-1321 To Whom It May Concern: Elliott Consulting 202 Elliott Road, PO Box 112 Aydlett, North Carolina 27916 Phone: 252-339-9021 I am writing to you on behalf of Edenton Real Estate Holdings, LLC, 5752 US Hwy. 117, Wallace, NC 28466, owner of two parcels at 142 and 142C Midway Drive, Edenton, NC 27932, who is applying for an NC Division of Coastal Management CAMA Major Permit #44-01 Modification for a construction project to repair and modify the Edenton Boats boat basin. The applicant's two parcels are adjacent and riparian to an NC Conservation Easement at 142C Midway Drive managed by your office. The specifics of the proposed work are in the enclosed application forms, drawings, and narrative. Intended work requiring approval from NC Coastal Management includes: • Repair and cover breakwater slots along 114 feet of the western breakwater wall of the boat basin, which have allowed sand to migrate to the interior of the boat basin and causing shoaling. • Construct a 16-ft wide rip rap and concrete revetment along a 105-ft long section of the northwest non - stabilized shoreline inside the boat basin. As an adjacent riparian property manager to the aforementioned project, I am required to notify you of the development to give you the opportunity to comment on the project. Please review the attached riparian owner notification statement form, narrative, and drawings. If you have no objections to the project, please indicate as such at the bottom of the enclosed owner's statement and then return the statement to my office in the enclosed self-addressed stamped envelope. If it would be more convenient, you can also scan and email the signed form to my office at ken@kenobs.com. Should you have any objections to this proposal, please send your written comments to Ms. Cynthia Rountree, NCDEQ Division of Coastal Management, 401 S. Griffin St., Suite 300, Elizabeth City, NC 27909 within 30 days of your receipt of this notice. Such comments will be considered by the Division 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 252-339-9021, or e-mail me at ken(aenoba.com. Mr. Burch Perry, General Manager of Albemarle Boats, can also be reached at his office at 252-482-7423 or by email at BPerry@albemarleboats.com. Edenton Real Estate Holdings appreciates your consideration of this project. Thank you, Ken Elliott Elliott Consulting 06/03/2023