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HomeMy WebLinkAbout20231404 Ver 1_CAMA Application_20231017Permit Application Report Application ID Application Type Submitted App Complete Deadline Decision Expiration PA-1103 DCM Major Permit 08-10-2023 Primary Applicant Information Applicant Type Title Business Name Name Email Business Phone Mobile Phone Business/Company Three Seas Legacy, LLC Three Seas Legacy, LLC Seafood@fulchersnc.net 2522490123 Physical Address Mailing Address Street 1 City State Zip Street 1 City State Zip 101 South Street Bayboro I NC 1 28515 PO Box 250 Oriental NC 28571 Registered Agent Information Agent Type Title Business Name Name Email Business Phone Mobile Phone Business/Company Southern Environmental Group, Inc. (SEGi) Southern Environmental Group, Inc. (SEGi) dlutheran@segi.us 9104522711 9102281841 Physical Address Mailing Address Street 1 City State Zip Street 1 City State Zip 5315 South College Road Wilmington NC 28412 5315 South College Road Wilmington NC 28412 Project Information Project Name Project Type Disturbed Land Area (Scl Ft/Acres) I Gideon Creek Travel Lift Commercial Sq. Ft. / Acres Is proposed project located in national registered historic district or national register listed/eligible: True List of previous state or federal permits for work on project tract: Project Location Information Address County River Basin Subdivision County Parcel ID Latitude Longitude 4146 Orchard Creek Rd Oriental, NC 28571 Pamlico NA 35.08456 -76.63494 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: The project site contains a gravel parking lot, a 2000 SF maintenance building and stormwater pond, on the west side of Orchard Creek Road, and a 10,400 SF shipping and receiving building, gravel parking lot, approximately 350 LF of bulkhead and boat ramp on the eastern side of Orchard Creek Road. A dilapidated 10' x 195' fixed pier extends out into the creek. An abandoned sailboat and barge are resting on the bottom, on the south side of the dock. Please see the site plan and photos for details of the existing conditions. Existing Land Uses: Historically the project property was used as a seafood distribution facility, where vessels could unload their catch, which would then be distributed to different retailers. Otherwise, the surrounding use is primarily residential, with undeveloped land. Existing Wastewater Treatment/Disposal: Septic is the method of wastewater treatement. Solid Waste/Fish Offal/Trash Disposal: Trash will be hauled to the Craven County transfer station, when necessary. Use and Daily Operations of the Project When Complete Proposed Development Purpose: The purpose of the proposed project is to provide large vessel haul out services, in an area where the demand is high. Buildings/Facilities/Units/Structures: The proposed project will entail removing the existing 10' x 195' fixed dock, as well as the two abandoned vessels, constructing a 6' x 310' fixed dock and 2 - fixed 3' W x 45' L concrete travel lift piers, and regrading the existing parking lot on the west side of Orchard Creek Rd. Use & Daily Operations: Facility operations will be Monday through Sunday, from sun up to sun set. The facility may operate after hours normal hours when necessary (i.e., approaching storm or to keep a vessel from sinking). Construction Methodology & Equipment: A barge a pile driver or pump will be used to set the pilings for the 6' x 310' fixed dock and travel lift piers. Conventional building materials will be utilized to build the dock, while pre -cast concrete will be used as the platform for the travel lift (please see site plan for details). The barge will be stored in an area where water depths are greater than 2' at NLW. Development Activities Narrative Specifics: See attached. Application Narrative: The electronic version of the project narrative, with attachments, has been uploaded to this application. 1) Project Information: Pamlico Co. Parcel ID #: Tract 1— 7409732796000 Tract 2 — 7409743035000 Tract 3 — 7409733973000 Tract 4 — 7409734750000 Tract 5—7409735953 Tract 6 — 7409746129000 Tract 7 — 7409746317000 (see Attachment 1) Project Location: 4146 Orchard Creek Road, Oriental (see Attachment 2) Project Size: 4 +/- AC (see Attachment 3) Waterbody: Gideon Creek (see Attachment 4) Width of Waterbody: Varies from 275' to 145' (see Attachment 3) DWR Water Classification: SA;HQW;NSW (see Attachment 4) Primary Nursery (PNA): This area is classified as PNA (see Attachment 5) 2) Project History: The subject property abuts Gideon Creek along the property lines of Tracts 1, 4, 5, 6 and 7 and was formerly known as Gideon Creek Marina, the home of Fulcher's Seafood processing and distribution center. The project property encompasses approximately 8.7 acres, of which approximately 3.10 acres is covered by two buildings, parking areas, and a boat ramp. Since at least 1993, large commercial fishing vessels have historically used this facility to offload catch. See Attachment 6 for historical aerials. In 2007, the DWR issued a 401 Water Quality Certification authorizing placement of fill within or otherwise impacting 0.83-acre of waters, by shading, to construct a docking facility, as per the approved plans dated 12 November 2007. Additionally, during that time, stormwater and sediment and erosion control permits were issued. The following are DEQ project numbers SEGI has obtained for this property: DWR 401 WQC — DWQ Project # 07-1938 DEMLR Stormwater — SW77080113 DEMLR Erosion Control — Pamli 2009-005 Please see Attachment 7 for previously issued DWR 401 WQC. 3) Purpose and Need: The purpose of this project is to supply a travel lift service, in an area where one does not currently exist and where this type of service is high in demand. 4) Existing conditions: a. Site Conditions The site abuts Gideon Creek, which is approximately-6.0' NWL, along its channel, and -3.5' waterward of the proposed Component A (see Attachment 3). SEGi visited the site on 1/24/2023. At that time, there was no evidence of submerged aquatic vegetation within the area of the proposed slips or travel lift (see Attachment 8). Two sunken, derelict vessels (i.e., a sailboat and barge) can be found on the east side Component C (see Attachments 3 and 8). b. Existing Upland Development (BUA): There is a 12,304 SF building, which served as the seafood processing and distribution warehouse, on Tract 6, a 2,000 SF building, on Tract 4, and rock parking areas that encompass approximately 119,891 SF of Tracts 1-5. In total, there is approximately 136,289 SF of BUA within the project limits. Please see Attachments 3 for details of the existing upland development. c. Existing Water Dependent Structures: Currently, a dilapidated 195' x 10' dock (Component C), which appears to have been built around 1993, extends off the shoreline of Tract 6. The shoreline of Tracts 5 and 6 have been hardened with approximately 370' of bulkhead, which appears to have been constructed between 2018 and 2019. Also constructed during that time was a boat ramp (Component D), wave attenuator, and 40' x 6' dock, along the southern shoreline of Tract 5. Please see Attachments 3 for details of the existing water dependent structures. d. Gideon Creek: The project site abuts Gideon Creek, which is a relatively short (i.e., approximately 4000 linear feet) salt water tributary to Broad Creek, which drains to the Neuse River, one of North Carolina's riparian buffer river basins. According to the hydrographic survey, prepared by ESP Associates, Inc., who used vertical datum NAVD 88, Gideon Creek is navigable, from the confluence with Broad Creek to just below the point where Orchard Creek Road crosses the waterbody, with water depths averaging -6' NLW along the channel. Unfortunately, the sunken vessels and other unknown submerged hazards prohibited survey data being collected in that area and, therefore, some of the contours were interpolated. Please see Attachment 13, for details. 5) Proposed Project: Three Seas Legacy, LLC intends to utilize the property a travel lift service, which will have the ability to haul larger vessels, such as commercial fishing boats and private yachts, out of the water for maintenance and/or in advance of severe storm events, such as hurricanes. At this time, this service is not available in this part of eastern North Carolina. Those vessels that are to be hauled out for maintenance will be moved to another location. No maintenance of boats will take place on the project property. In order to achieve this goal, Components C and E will need to be removed. A long reach excavator will be used to remove the sunken vessels, which rest in about 5' of water, at NLW, and placed within the existing parking lot, where they will stay until they can be stripped and moved to the land field. Once this work has been completed, the proposed 310' x 6' fixed dock (Component A), which will provide 10 slips, and travel lift (Component B) are to be constructed. The fixed dock will be constructed of conventional building materials. Pilings will be utilized to support 2 — 45' x 3' pre -cast concrete pads, upon which the travel lift can traverse. A barge, with pump or pile driver, will be used to install the pilings for the fixed pier and travel lift. If necessary, the barge will be moored, when not in use, in an area where it will not rest on the bottom. Water depths, on the waterward side of Component A range from -3' to -5' NLW, while under the travel lift water depth is -5' to -6' NLW. No dredging is necessary to make the project viable. Upland development will consist of regrading the existing parking lot, on Tracts 1-4 (see Attachment 3). No new built upon area (BUA) is being proposed with this project. In fact, it is anticipated that BUA will be reduced by 7,456 square feet (see Attachment 3). Communication with Mr. Ray Bennett, with the Pamlico Co. Planning Department, was undertaken to ensure the proposed project was consistent with the county's planning and zoning regulations. Mr. Bennett confirmed that the project would not need to be upgraded to the Land Use Plan requirements, with the understanding that this marina will only be used by the Three Sea's Legacy firm (Chris Fulcher) and staff. Additionally, Mr. Bennett requested that the County be provided with the opportunity to review the plan before permits were issued (see Attachment 14). 6) Threatened and Endangered Species: To ensure protection of the West Indian manatee (Trichechus manatus), the work will be undertaken between November 1 and May 31. If this is not possible, the Applicant will adhere to the US Fish and Wildlife's guidance entitled "GUIDELINES FOR AVOIDING IMPACTS TO THE WEST INDIAN MANATEE, Precautionary Measures for Construction Activities in North Carolina Waters" (see Attachment 9). 7) Shellfish: The DMF has designated the area as "closed to shell fishing" (see Attachment 10). During SEGi's field evaluation, which occurred on 1/24/23, no shellfish were observed within the proposed work area (see Attachment 10). 8) Adjacent Riparian Property Owner Notifications: In accordance with 15A NCAC 07J .0204(b)(5), the adjacent property owners (i.e., the NC DOT and Mr. Troy Wilson) have been notified via certified return mail. The notification included the site plan and a description of the proposed development. Please see Attachment 11, for copies of the certified letters and the certified mail receipts. 9) DWR Pre -Filing Request Requirement: SEGi submitted a Pre -Filing Request Form to the DWR on 4/3/2023 (see Attachment 12). A scoping meeting, with multiple agencies, was held on 12/19/22 and another 2/26/23. The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of their knowledge and belief. The project proponent hereby requests that the certifying authority review and take action, on this CWA 401 certification request, within the applicable reasonable period of time. 10) Summary: In summary, Three Seas Legacy is seeking authorization, in the form of a CAMA Major Permit, to perform new work, within Public Trust Waters and uplands at his property located at 4146 Orchard Creek Road, near Oriental, in Pamlico County, North Carolina. It is the Applicant's belief that the proposed work is consistent with the rules governing development within Public Trust Waters. Boat Ramp Development Activity Included: False Shoreline Stabilization Development Activity Included: False Living Shoreline Development Activity Included: False Piers & Docking Facilities Development Activity Included: True Docking Facilities Details Facility Use # of Tie Pilings Existing Slips New Slips Private/Community 0 0 10 Piers & Docking Facility Structures Structure Type Length Width Quantity Fixed Piers 310 6 1 Boatlift 45 43 1 Freestanding Moorings & Buoys Associated With This Docking Facility Structures Consistent With Water Use Plan Existing Freestanding Moorings & Buoys Slips New Freestanding Moorings & Buoys Slips False Buoy Details: Moorings & Buoys Details Mooring or Buoy Distance From Shoreline I Arc of Swing Water Depth Excavation Development Activity Included: False Bridges & Culverts Development Activity Included: False Oceanfront Erosion Control Development Activity Included: False Temporary Structures Development Activity Included: False Utility Crossings Development Activity Included: False Freestanding Moorings, Buoys & Bird Nesting Poles Development Activity Included: False Log Removal/Marine Debris Development Activity Included: Yes/No Log Removal/Marine Debris Details Excavation Length Excavation Width Average Existing Depth Final Project Depth 45 10 -3 -5 Area Excavated Below NHW or NWL (Sq Ft) Volume Excavated Below NHW or NWL (Cu Yds) Type of Material to be Excavated Describe "Other" Material 450 0 Other two abandoned vessels Does the Area to be Excavated Include Any Of The Following Areas Area Sq. Ft. Affected Purpose of Fill in This Area Coastal Wetland/Marsh (CW) Submerged Aquatic Vegetation (SAV) Shell Bottom (SB) Other Non -Coastal Wetlands (WL) Disposal of Excavated Material Location of Disposal Area Disposal Area Length Disposal Area Width Do You Claim Title to Disposal Area Will Wetlands be Crossed in Transporting Equipment to Project Site What can be salvaged from the vessels will be retained, otherwise trashed 0 0 False False How Will Excavated Material be Kept on Site and Erosion Controlled Steps Taken to Avoid or Minimize Environmental Impact Silt curtains will be used to limit turbidity around the vessels, on the day of removal. Navigational Aids Development Activity Included: False Other Fill Below Water Level Development Activity Included: False Stormwater Structures Development Activity Included: True Stormwater Structures - General Does Stormwater Structure Have an Oceanfront Component: False Navigational Aids Details Number of Buoys Number of Day Markers Min Distance Each Aid Placed Beyond Max Distance Each Aid Placed Beyond Shoreline Shoreline 0 0 0 0 Upland Development For Stormwater Structures # of Lots/Parcels Created Lots Platted & Recorded Date # Residential Units Units per Acre Area Size to be Disturbed (sq ft) Tract Has State or Local Approval 0 3/31/1993 0 0 87110 False Date Site Development Plan Submitted Date Sedimentation & Erosion Control Plan Submitted Impervious Coverage (% Within AEC) Impervious Coverage (% of Entire Tract) Project Includes Innovative Stormwate Design 8/7/2023 12/31/2009 26.00 36.00 False "Upland Development" Development Activity Included: False Energy Facilities Development Activity Included: False Aquaculture Development Activity Included: False Submerged Lands Mining Development Activity Included: False General Development Activity Details Required General Development Activity Questions These questions are applicable if 1 of the following development activities are included in the project (Boat Ramps, Freestanding Moorings, Buoys & Bird Nesting Poles, Piers & Docking Facilities, Temporary Structures, Living Shorelines, Shoreline Stabilization Submerged Lands Mining) Boat Type(s) Typical Boat Length Other Boat Type (Describe) Other 50 Shrimp trawlers, yachts and all types of boats will be hauled out at this location. Adj Riparian Property Line #1 (Proximity of Adj Riparian Property Line #2 (Proximity of Adj Riparian Property Line #3 (Proximity of Structure Nearest to Property Line) Structure Nearest to Property Line) Structure Nearest to Property Line) 600 150 Width of Water Body Water Depth @ Waterward End of Water Depth @ Most Landward Water Depth @ Most Waterward Structure (NLW or NWL) Boat Slip (NLW or NWL) Boat Slip (NLW or NWL) 242 -3 -5 -3 Navigational Number of Number of Day Min Distance of Each Aid Placed Max Distance of Each Aid Placed Aids Required Buoys Markers Beyond Shoreline Beyond Shoreline False 0 0 0 0 Marina Development Activity Details Required J f 5EG jouthern E-nvironmental Group, Inc. 55 i 5 5outh College }load, Suite F Wilmington, NC 28412 Gideon Creek, Pamlico County, NC CAMA Major Project Narrative Prepared for: Three Seas Legacy, LLC PO Box 250 Oriental, NC 27012 Prepared by: Dana Lutheran Southern Environmental Group, Inc. 5315 South College Road, Suite E Wilmington, NC 28571 Date: 7 August 2023 Gideon Creek CAMA Major Permit PN Sr: Cli 1) Project Information: Pamlico Co. Parcel ID #: Project Location: Project Size: Waterbody: Width of Waterbody: DWR Water Classification: Primary Nursery (PNA): 2) Project History: Tract 1 — 7409732796000 Tract 2 — 7409743035000 Tract 3 — 7409733973000 Tract 4 — 7409734750000 Tract 5 —7409735953 Tract 6 — 7409746129000 Tract 7 — 7409746317000 (see Attachment 1) 4146 Orchard Creek Road, Oriental (see Attachment 2) 4 +/- AC (see Attachment 3) Gideon Creek (see Attachment 4) Varies from 275' to 145' (see Attachment 3) SA;HQW;NSW (see Attachment 4) This area is classified as PNA (see Attachment 5) The subject property abuts Gideon Creek along the property lines of Tracts 1, 4, 5, 6 and 7 and was formerly known as Gideon Creek Marina, the home of Fulcher's Seafood processing and distribution center. The project property encompasses approximately 8.7 acres, of which approximately 3.10 acres is covered by two buildings, parking areas, and a boat ramp. Since at least 1993, large commercial fishing vessels have historically used this facility to offload catch. See Attachment 6 for historical aerials. In 2007, the DWR issued a 401 Water Quality Certification authorizing placement of fill within or otherwise impacting 0.83-acre of waters, by shading, to construct a docking facility, as per the approved plans dated 12 November 2007. Additionally, during that time, stormwater and sediment and erosion control permits were issued. The following are DEQ project numbers SEGI has obtained for this property: DWR 401 WQC — DWQ Project # 07-1938 DEMLR Stormwater — SW77080113 DEMLR Erosion Control — Pamli 2009-005 Please see Attachment 7 for previously issued DWR 401 WQC. 3) Purpose and Need: The purpose of this project is to supply a travel lift service, in an area where one does not currently exist and where this type of service is high in demand. 4) Existing conditions: a. Site Conditions The site abuts Gideon Creek, which is approximately -6.0' NWL, along its channel, and -3.5' waterward of the proposed Component A (see Attachment 3). SEGi visited the site on 1/24/2023. At that time, there was no evidence of submerged aquatic vegetation within the area of the proposed slips or travel lift (see Attachment 8). Two sunken, derelict vessels (i.e., a sailboat and barge) can be found on the east side Component C (see Attachments 3 and 8). b. Existing Upland Development (BUA): There is a 12,304 SF building, which served as the seafood processing and distribution warehouse, on Tract 6, a 2,000 SF building, on Tract 4, and rock parking areas that encompass approximately 119,891 SF of Tracts 1-5. In total, there is approximately 136,289 SF of BUA within the project limits. Please see Attachments 3 for details of the existing upland development. c. Existing Water Dependent Structures: Currently, a dilapidated 195' x 10' dock (Component C), which appears to have been built around 1993, extends Page 2 of 19 Gideon Creek CAMA Major Permit PN ,::)E Cli off the shoreline of Tract 6. The shoreline of Tracts 5 and 6 have been hardened with approximately 370' of bulkhead, which appears to have been constructed between 2018 and 2019. Also constructed during that time was a boat ramp (Component D), wave attenuator, and 40' x 6' dock, along the southern shoreline of Tract 5. Please see Attachments 3 for details of the existing water dependent structures. d. Gideon Creek: The project site abuts Gideon Creek, which is a relatively short (i.e., approximately 4000 linear feet) salt water tributary to Broad Creek, which drains to the Neuse River, one of North Carolina's riparian buffer river basins. According to the hydrographic survey, prepared by ESP Associates, Inc., who used vertical datum NAVD 88, Gideon Creek is navigable, from the confluence with Broad Creek to just below the point where Orchard Creek Road crosses the waterbody, with water depths averaging -6' NLW along the channel. Unfortunately, the sunken vessels and other unknown submerged hazards prohibited survey data being collected in that area and, therefore, some of the contours were interpolated. Please see Attachment 13, for details. 5) Proposed Project: Three Seas Legacy, LLC intends to utilize the property a travel lift service, which will have the ability to haul larger vessels, such as commercial fishing boats and private yachts, out of the water for maintenance and/or in advance of severe storm events, such as hurricanes. At this time, this service is not available in this part of eastern North Carolina. Those vessels that are to be hauled out for maintenance will be moved to another location. No maintenance of boats will take place on the project property. In order to achieve this goal, Components C and E will need to be removed. A long reach excavator will be used to remove the sunken vessels, which rest in about 5' of water, at NLW, and placed within the existing parking lot, where they will stay until they can be stripped and moved to the land field. Once this work has been completed, the proposed 310' x 6' fixed dock (Component A), which will provide 10 slips, and travel lift (Component B) are to be constructed. The fixed dock will be constructed of conventional building materials. Pilings will be utilized to support 2 — 45' x 3' pre -cast concrete pads, upon which the travel lift can traverse. A barge, with pump or pile driver, will be used to install the pilings for the fixed pier and travel lift. If necessary, the barge will be moored, when not in use, in an area where it will not rest on the bottom. Water depths, on the waterward side of Component A range from -3' to -5' NLW, while under the travel lift water depth is -5' to -6' NLW. No dredging is necessary to make the project viable. Upland development will consist of regrading the existing parking lot, on Tracts 1-4 (see Attachment 3). No new built upon area (BUA) is being proposed with this project. In fact, it is anticipated that BUA will be reduced by 7,456 square feet (see Attachment 3). Communication with Mr. Ray Bennett, with the Pamlico Co. Planning Department, was undertaken to ensure the proposed project was consistent with the county's planning and zoning regulations. Mr. Bennett confirmed that the project would not need to be upgraded to the Land Use Plan requirements, with the understanding that this marina will only be used by the Three Sea's Legacy firm (Chris Fulcher) and staff. Additionally, Mr. Bennett requested that the County be provided with the opportunity to review the plan before permits were issued (see Attachment 14). 6) Threatened and Endangered Species: To ensure protection of the West Indian manatee (Trichechus manatus), the work will be undertaken between November 1 and May 31. If this is not possible, the Applicant will adhere to the US Fish and Wildlife's guidance entitled "GUIDELINES FOR AVOIDING IMPACTS TO THE WEST INDIAN MANATEE, Precautionary Measures for Construction Activities in North Carolina Waters" (see Attachment 9). 7) Shellfish: The DMF has designated the area as "closed to shell fishing" (see Attachment 10). During SEGi's field evaluation, which occurred on 1/24/23, no shellfish were observed within the proposed work area (see Attachment 10). Page 3 of 19 8) Adjacent Riparian Property Owner Notifications: Gideon Creek CAMA Major Permit PN SE Cli In accordance with 15A NCAC 07J .0204(b)(5), the adjacent property owners (i.e., the NC DOT and Mr. Troy Wilson) have been notified via certified return mail. The notification included the site plan and a description of the proposed development. Please see Attachment 11, for copies of the certified letters and the certified mail receipts. 9) DWR Pre -Filing Request Requirement: SEGi submitted a Pre -Filing Request Form to the DWR on 4/3/2023 (see Attachment 12). A scoping meeting, with multiple agencies, was held on 12/19/22 and another 2/26/23. The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of their knowledge and belief. The project proponent hereby requests that the certifying authority review and take action, on this CWA 401 certification request, within the applicable reasonable period of time. 10) Summary: In summary, Three Seas Legacy is seeking authorization, in the form of a CAMA Major Permit, to perform new work, within Public Trust Waters and uplands at his property located at 4146 Orchard Creek Road, near Oriental, in Pamlico County, North Carolina. It is the Applicant's belief that the proposed work is consistent with the rules governing development within Public Trust Waters. Page 4 of 19 Gideon Creek CAMA Major Permit PN 17r: C li Attachments Number Description Page 1 Pamlico County GIS Aerial Photo, Parcel Information and Deeds 5 2 Vicinity Map 6 3 Gideon Creek Existing Conditions and Site Plan 7 4 DWR Water Classification Map 8 5 DMF Primary Nursery Area Map 9 6 Historical Aerial Photos 10 7 Previously Issued Permits 11 8 January 24, 2023 Site Photos 12 9 US FWS "GUIDELINES FOR AVOIDING IMPACTS TO THE WEST INDIAN MANATEE, Precautionary Measures for Construction Activities in North Carolina Waters" 13 10 DMF Shellfish Closure Map 14 11 Adjacent Riparian Property Owner Notifications and Certified Mail Receipts 15 12 DWR Pre -Filing Request 16 13 Gideon Creek Bathymetric Survey 17 14 Email Correspondence with Mr. Ray Bennett — Pamlico Co. Planning and Zoning 18 Page 5 of 19 _ L � W yy�..,,�jj��i r 'S y JRf r 'A ,c Ct . # _ ; I � •'r. or IF 41.t.T - - I # ..IL f x 11/10/22, 9:51 AM Print t Parr:1 •o saw w�« + 'o-il, r- �� i 50 m IJ 300 ft /r ' W A' �1 N Pamlico County, C PIN: MAPID: 7409732795000 091-92 CALACRES: 1.87063474041172 This web site is being provided for the benefit of the general public. ACRES: 0 The entire risk associated with the use of this site is on the end ACCOUNT: 30403 user. No representation is made that this web site will meet the OWNER THREE SEAS LEGACY LLC specific requirements of any person or will operate error -free or -NAME: without interruption. All other conditions or warranties, expressed OWNER_NAME2: or implied are disclaimed. In no event will the County or Atlas OWNER_ADDR: P 0 BOX 250 Geographic Data, Inc. be liable for any loss of use, business OWNER -CITY: ORIENTAL interruption, loss of profits, loss of data or incidental/consequential OWNER NC damages arising from the use of this web site. The County and -STATE: Atlas Geographic Data, Inc. make no warranties or representations OWNER -ZIP: 26571 as to the accuracy of information on this web site, nor do they SITUS-ADDR: 1644 PAMLICO RD assume any liability or responsibility for any errors or omissions in DEED -ACRES: 0 its content. It is the sole responsibility of the end user to evaluate DEED_YR: 20121217 the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through this web site. DEEDBOOK: 000575 DEEDPAGE: SALEDATE: 150 1211712012 ,?SIALf o C, SALE -,MT: 0 LEGAL_DESC: SOUTH SIDE 1320 LAN D_VAL: 92260 TOTAL_VAL: 92260 CALC ACRES: 1.9 Pamlico County, NC 202 Main Street Bayboro, NC 28515 apps.agdmaps.com/print/nc/pamIico/index.htmI?MAPID=K081-92 1/1 11/10/22, 9:52 AM Print �" K08t•1a K081-52 xae 1-s KOal-Is N Kaa1-1-1 +7o.6i KaBI.14 S' \'t K081-5! 'i* r 00 711-1 TR'2 , 1.26Ak . 30 m I 30 m � 100 ft 1.51" hA$1-�2 Gldeo DOft NA' /1 PIN: 7409743035000 Pamlico County, C MAPID: K081-91-1 CALACRES: 0.724610762690108 This web site is being provided for the benefit of the general public. ACRES: 0 The entire risk associated with the use of this site is on the end ACCOUNT: 30403 user. No representation is made that this web site will meet the OWNER -NAME: THREE SEAS LEGACY LLC specific requirements of any person or will operate error -free or without interruption. All other conditions or warranties, expressed OWNER_NAME2: or implied are disclaimed. In no event will the County or Atlas OWNER_ADDR: P 0 BOX 250 Geographic Data, Inc. be liable for any loss of use, business OWNER -CITY: ORIENTAL interruption, loss of profits, loss of data or incidental/consequential OWNER_STATE: NC damages arising from the use of this web site. The County and Atlas Geographic Data, Inc. make no warranties or representations OWNER -ZIP: 28571 as to the accuracy of information on this web site, nor do they SITUS-ADDR: ORCHARD CREEK RD assume any liability or responsibility for any errors or omissions in DEED -ACRES: 0 its content. It is the sole responsibility of the end user to evaluate DEED_YR: 20121231 the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through this web site. DEEDBOOK: 000575 DEEDPAGE: 507 ti�ld i.f SALEDATE: I V31 �2012 C� SALE_AMT: 0 LEGAL_DESC: CORNER SR 1320 & SR 1317 BLDG_VAL: 0 LAND_VAL: 37084 C TOTAL_VAL: 37084 CALC-ACRES: 0.7 Pamlico County, NC 202 Main Street Bayboro, NC 28515 apps.agdmaps.com/print/nc/pamlico/index.html?MAPID=KO81-91-1 1 /1 11/10/22, 9:53 AM Print TR-2 fl 1.26A 1.rpA K081-92 cs u i KO8I43 100 ft \ l f A'/1 PIN: N Pamlico County, C MAPID: CALACRES: This web site is being provided for the benefit of the general public. ACRES: The entire risk associated with the use of this site is on the end ACCOUNT: user. No representation is made that this web site will meet the OWNER -NAME: specific requirements of any person or will operate error -free or without interruption. All other conditions or warranties, expressed OWNER_NAME2: or implied are disclaimed. In no event will the County or Atlas OWNER_ADDR: Geographic Data, Inc. be liable for any loss of use, business OWNER -CITY: interruption, loss of profits, loss of data or incidental/consequential OWNER -STATE: damages arising from the use of this web site. The County and Atlas Geographic Data, Inc. make no warranties or representations OWNER -ZIP: as to the accuracy of information on this web site, nor do they SITUS-ADDR: assume any liability or responsibility for any errors or omissions in DEED -ACRES: its content. It is the sole responsibility of the end user to evaluate DEED_YR: the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through this web site. DEEDBOOK: DEEDPAGE: SALEDATE: C� SALE_AMT: LEGAL_DESC: V BLDG_VAL: LAND_VAL: y C TOTAL_VAL: CALC-ACRES: Pamlico County, NC 202 Main Street Bayboro, NC 28515 7409733973000 K081-91-2 0.407732751a639a5 0 30403 THREE SEAS LEGACY LLC P 0 BOX 250 ORIENTAL NC 2a571 ORCHARD CREEK RD 0 20121231 000575 507 12MII�2012 0 SR 1317 SOUTH SIDE 0 272UU 272UU 0.4 apps.agdmaps.com/print/nc/pamlico/index.html?MAPID=K081-91-2 1 /1 11 /10/22, 9:53 AM Print 0 Sala .Cry V 50 m 300 ft Pamlico County, NC PIN: MAPID: CALACRES: This web site is being provided for the benefit of the general public. ACRES: The entire risk associated with the use of this site is on the end ACCOUNT: user. No representation is made that this web site will meet the OWNER specific requirements of any person or will operate error -free or -NAME without interruption. All other conditions or warranties, expressed OWNER -NAME or implied are disclaimed. in no event will the County or Atlas OWNER-ADDR: Geographic Data, Inc. be liable for any loss of use, business OWNER -CITY: interruption, loss of profits, loss of data or incidental/consequential OWNER damages arising from the use of this web site. The County and -STATE Atlas Geographic Data, Inc. make no warranties or representations OWNER -ZIP: as to the accuracy of information on this web site, nor do they SITUS-ADDR: assume any liability or responsibility for any errors or omissions in DEED -ACRES: its content. It is the sole responsibility of the end user to evaluate DEED-YR: the accuracy, completeness, or usefulness of any information, DEEDBOOK: opinion, advice, or other content available through this web site. DEEDPAGE: SALEDATE: SALE-AMT: LEGAL-DESC: BLDG-VAL: LAND_VAL: TOTAL-VAL: CALC-ACRES: Pamlico County, NC 202 Main Street Bayboro, NC 28515 apps.agdmaps.com/print/nc/pamlico/index.html?MAPID=K081-91-3 11/10/22, 10:11 AM Print 100 m 500 ft - / A'/1 N Pamlico County, C PIN: MAPID: CALACRES: This web site is being provided for the benefit of the general public. ACRES: The entire risk associated with the use of this site is on the end ACCOUNT: user. No representation is made that this web site will meet the OWNER specific requirements of any person or will operate error -free or -NAME: without interruption. All other conditions or warranties, expressed OWNER_NAME2: or implied are disclaimed. In no event will the County or Atlas OWNER-ADDR: Geographic Data, Inc. be liable for any loss of use, business OWNER -CITY: interruption, loss of profits, loss of data or incidental/consequential OWNER damages arising from the use of this web site. The County and -STATE: Atlas Geographic Data, Inc. make no warranties or representations OWNER -ZIP: as to the accuracy of information on this web site, nor do they SITUS-ADDR: assume any liability or responsibility for any errors or omissions in DEED -ACRES: its content. It is the sole responsibility of the end user to evaluate DEED-YR: the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through this web site. DEEDBOOK: DEEDPAGE: tiMi.l SALEDATE: C� SALE-AMT: LEGAL-DESC: V -, Y BLDG-VAL: LAND_VAL: C TOTAL-VAL: CALC-ACRES: Pamlico County, NC 202 Main Street Bayboro, NC 28515 7409735953 K081-57 1.9459567745781 0 30403 THREE SEAS LEGACY LLC P 0 BOX 250 ORIENTAL NC 20571 ORCHARD CREEK RD 0 20121231 000575 511 12MI12012 0 EAST SIDE 1317 23765 35100 5BB65 0.7 apps.agdmaps.com/print/nc/pamlico/index.html?MAPID=K081-57 1 /1 11/10/22, 10:11 AM Print ............................. I .................. . . K081-S6 0-1 30 m 00 PIN: Pamlico County, NC MAPID: CALACRES: This web site is being provided for the benefit of the general public. ACRES: The entire risk associated with the use of this site is on the end ACCOUNT: user. No representation is made that this web site will meet the OWNER -NAME: specific requirements of any person or will operate error -free or without interruption. All other conditions or warranties, expressed OWNER-NAME2: or implied are disclaimed. in no event will the County or Atlas OWNER-ADDR: Geographic Data, Inc. be liable for any loss of use, business OWNER -CITY: interruption, loss of profits, loss of data or incidental/consequential OWNER -STATE: damages arising from the use of this web site. The County and Atlas Geographic Data, Inc. make no warranties or representations OWNER -ZIP: as to the accuracy of information on this web site, nor do they SITUS-ADDR: assume any liability or responsibility for any errors or omissions in DEED -ACRES: its content. It is the sole responsibility of the end user to evaluate DEED-YR: the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through this web site. DEEDBOOK: DEEDPAGE: SALEDATE: SALE-AMT: LEGAL-DESC: -4 V BLDG-VAL: & T LAND-�VAL:OTAL-VAL: CALC-ACRES: Pamlico County, NC 202 Main Street Bayboro, NC 28515 30 m 1� 100 ft 7409746129000 KOE11-515) 0. 50823971301588110 a 30403 THREE SEAS LEGACY LLC P 0 BOX 250 ORIENTAL NC 20571 4146 ORCHARD CREEK RD a 20121231 000575 511 112MII�20112 a EIS 1317 129073 29464 158537 0.5 apps.agdmaps.com/print/nc/pamlico/index.html?MAPID=KO81-56 11/10/22, 10:16 AM Print N!. 1 K081.36 30 m 100 ft A'/1 N Pamlico County, C PIN: MAPID: CALACRES: This web site is being provided for the benefit of the general public. ACRES: The entire risk associated with the use of this site is on the end ACCOUNT: user. No representation is made that this web site will meet the OWNER specific requirements of any person or will operate error -free or -NAME: without interruption. All other conditions or warranties, expressed OWNER_NAME2: or implied are disclaimed. In no event will the County or Atlas OWNER_ADDR: Geographic Data, Inc. be liable for any loss of use, business OWNER -CITY: interruption, loss of profits, loss of data or incidental/consequential OWNER damages arising from the use of this web site. The County and -STATE: Atlas Geographic Data, Inc. make no warranties or representations OWNER -ZIP: as to the accuracy of information on this web site, nor do they SITUS-ADDR: assume any liability or responsibility for any errors or omissions in DEED -ACRES: its content. It is the sole responsibility of the end user to evaluate DEED_YR: the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through this web site. DEEDBOOK: DEEDPAGE: SALEDATE: C� SALE_AMT: LEGAL_DESC: BLDG_VAL: LAND_VAL: Ci TOTAL_VAL: CALC-ACRES: Pamlico County, NC 202 Main Street Bayboro, NC 28515 30 m 100 ft 7409746317000 K081-54 2.10662162799791 2.01 30403 THREE SEAS LEGACY LLC P 0 BOX 250 ORIENTAL NC 20571 ORCHARD CREEK RD 2 20121217 000575 150 12n 712012 0 EAST SIDE SR 1317 0 99479 90479 2.1 apps.agdmaps.com/print/nc/pamlico/index.html?MAPID=K081-54 1 /1 RETURNED TO: DIOlj'1^DA - DATE RETURNED: J,Z - J g _' 2 I Illllll Illlll III IIIII IIIII IIIII lull IIIII lull lull lull IIIII lull lull IIII IIII Doc ID: 002195790016 Type. CRP Recorded: 12/17/2012 at 03:58:15 PM Fee Amt: $30.00 Page 1 of 16 Revenue Tax: $0.00 Pamlico, NC Lynn H. Lewis Register of Deeds BK575 PG150-165 Prepared by/Return to: Sara L. Delamar, Delamar & Delamar, PLLC, Attorneys at Law, P.O. Box 411, Bayboro, N.C. 28515 (without benefit of a title examination) N.C. Excise Tax - $0.00 NORTH CAROLINA GENERAL WARRANTY DEED PAMLICO COUNTY This deed, made and entered into this 14 day of December, 2012, by and between Garland Christopher Fulcher and wife Deborah W. Fulcher hereinafter referred to as "Grantor"; and Three Seas Legacy, LLC, a North Carolina Limited Liability Company, hereinafter referred to as "Grantee". Grantor and Grantee's mailing address is: P.O. Box 250, Oriental, NC 28571. WITNESSETH: That said Grantor, for and in consideration of valuable consideration paid to Grantor, the receipt of which is hereby acknowledged, does grant, bargain, sell and convey unto the Grantee in fee simple all that certain tract or parcel of land lying and being in Pamlico County, North Carolina, and more particularly described as follows: See attached Exhibit A, "Legal Description." To have and hold the aforesaid tract or parcel of land and all privileges thereunto belonging in fee simple forever. And Grantor covenants 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, except for the exceptions hereinafter stated. Title to the property described above is subject to ad valorem taxes for the current year and utility easements and restrictive covenants of record, if any. Book: 575 Page: 150 Page 1 of 16 The designation Grantor and Grantee as used herein shall include the parties hereto, their heirs, successors, assigns and legal and/or personal representatives. In Testimony Whereof, said Grantor have hereunto set their hands and seals, the day and year first written above. 664kAd dtj& SEAL) darland stopher Ful her (SEAL) Deborah W. Ful er If marked or initialed, the property includes the primary residence of at least one of the Grantors, otherwise, note as N/A. (per NC GS § 105-317.2) Pamlico County, North Carolina I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Garland Christopher Fulcher and wife Deborah W. Fulcher. Date: AZLI 'S11/� ficial Signature of Notary Notary Public Notary Public Printed Name My commission expire O 9 0/7 SChi,iO�. 0TARy: o'•,pUBLIG•�C Notary Seal or Stamp Must Appear In Above Box Book: 575 Page: 150 Page 2 of 16 EXHIBIT A LEGAL DESCRIPTION TRACT ONE: Being all of Lot Numbered Nine (9) of Horton's Landing as shown on the map prepared by A. Hugh Harris, Jr., PE-RLS, dated November 21, 1989, entitled "A REVISED PLAN OF HORTON'S LANDING, SECTION TWO & SECTION THREE" recorded in Plat Cabinet A, Slide 48-9, Pamlico County Registry. This conveyance is made subject to the Restrictive Covenants for Horton's Landing, Sections Two and Three, recorded in Book 265 at page 704, Pamlico County Registry, and to the Subdivision Street and Pier Disclosure Statement for Horton's Landing, Sections Two and Three, recorded in Book 265 at page 699, said registry. Said property was acquired by Grantor by deed recorded in Book 570, Page 705, Pamlico County Registry, and is all of Parcel # I092-8-2-9 according to the Pamlico County Tax Collector. TRACT TWO: In the Village of Pamlico and on the north side of the Pamlico Road and being that lot containing 2.75 acres as shown on that map entitled "PARCEL SURVEY" prepared by William E. Marlowe, Professional Land Surveyor, dated October 4, 2011, a copy of which is attached to the deed recorded in Book 560, Page 67, Pamlico County Registry, and is incorporated herein by reference. Including an easement for ingress, egress, and regress, and installation and maintenance of utilities along the roadway shown on the attached plat and identified as "12' ACCESS EASEMENT". EXCEPTING from the above -described tract are the rights of others in the roadway shown on the attached plat and identified as "12' ACCESS EASEMENT". Said property was acquired by Grantor by deed recorded in Book 560, Page 67, and is all of Parcel # I092-8-2-9, according to the Pamlico County Tax Collector. TRACT THREE: BEGINNING at William F. Gordon corner on the public road leading to Deans Mills, and running with said road eastwardly 120 feet; thence southwardly to Gideon Creek; thence with said creek 120 feet westwardly to William Gordon line; thence with said line to the public road at the beginning, containing three (3) acres, more or less. Said land was conveyed to Thomas D. Quidley by Paul C. Parris and wife by deed dated December 9, 1912, recorded in Book 29 at Page 229, Pamlico County Registry. Book: 575 Page: 150 Page 3 of 16 Said property was acquired by Grantor by deed recorded in Book 560, Page 754, and is all of Parcel K081-92, according to the Pamlico County Tax Collector. TRACT FOUR: On the Southeast side of the Straight Road (N.C. Secondary Road 1217) just Northeast of its intersection with N.C. Highway 55 at Jordan's Corner, particularly described, according to a survey map by Kendall E. Gaskins, PLS dated June 1, 2004, copy of which is recorded in Plat Cabinet A, Slide 140-4, Pamlico County Registry and incorporated herein by reference as follows: Beginning in the Southeastern edge of the Straight Road at a point which is the following three courses and distances from the intersection of the centerlines of said road with said highway: North 33' 16' 30" East 136.38 feet; thence North 33' 33' 20" East 120.34 feet; thence continuing the same course 68.23 feet; thence leaving the road centerline and running South 57' 30' 56" East 30 feet to the point of beginning; thence from the beginning point as thus located South 57' 30' 56" East 199.45 feet; thence South 33' 38' 37" West 36.54 feet; thence South 50' 25' 32" East 140.69 feet; thence North 33' 54' 42" East 154 feet; thence South 57' 30' 56" East 665.94 feet; thence 58' 14' 35" East 13.33 feet; thence South 26' 01' 22" West 537.53 feet; thence South 25' 54' 14" West 98.35 feet; thence North 56' 26' 38" West 698.96 feet; thence North 33' 37' 53" East 151.81 feet; thence North 06' 33' 42" East 202.51 feet; thence North 32' 34' 42" East 73.90 feet; thence North 500 25' 40" West 312.45 feet to the Southern edge of the Straight Road; thence North 33' 20' East 60.37 feet; thence North 33' 20' 37" East 11.8 feet (the last two calls bring with the road edge) to the point of Beginning, containing 10.663 acres, more or less. Said property was acquired by Grantor by deed recorded in Book 555, Page 377, Pamlico County Registry, and is all of Parcel # J081-143, according to the Pamlico County Tax Collector. TRACT FIVE: Commencing at a point in the eastern margin of NC Hwy 55, the point and place of BEGINNING, and running thence S 77 deg. 45' 17" E 242.83 feet to a point; running thence N 24 deg. 23" 00" E 62.41 feet to a point; running thence N 59 deg. 52" 27" W 137.08 feet to a point; running thence S 12 deg. 22" 07" W 50.00 feet to a point; running thence N 59 deg. 52' 27" W 100.00 feet to a point in the eastern margin of NC Hwy 55; running thence along the eastern margin of NC Hwy 55 S 12 deg. 19' 5 1 " W 83.80 feet to a point, the point and place of BEGINNING, and being all of Tract 2 as shown on the survey map prepared entitled "Boundary Survey for Garland C. Fulcher and wife Deborah W. Fulcher, prepared by Dennis Fornes & Associates, Professional Land Surveying, and dated July 11, 2007. Said survey map is recorded in Plat Cabinet A, Slide 162-20, Pamlico County Registry, and is incorporated herein by reference. Said property was acquired by Grantor by deed recorded in Book 499, Page 425, Pamlico County Registry, and is all of Parcel # J081-132, according to the Pamlico County Tax Collector. Book: 575 Page: 150 Page 4 of 16 TRACT SIX: BEGINNING at a point in the centerline of NC 55, said point being North 14 degrees 50 minutes East 130.5 feet from the centerline intersection of NCSR 1319; thence with the centerline of NC 55, North 14 degrees 50 minutes East 100 feet; thence South 75 degrees 10 minutes East 244 feet to the centerline of a ditch in John Bonds property; thence with the Bonds line South 25 degrees West 170 feet to the Eddie Gaskins corner; thence with the Gaskins line North 57 deg. 220.65 feet to the point and place of beginning and being a portion of the land found in Deed Book 145, Page 172, and Deed Book 98, Page 581. Said property was acquired by Grantor by deed recorded in Book 477, Page 601, Pamlico County Registry, and is all of Parcel # J081-133, according to the Pamlico County Tax Collector. TRACT SEVEN: On the east side of Highway 55 north of Oriental, opposite Hudson Town, BEGINNING in the eastern edge of said highway at a point 50 feet southward, measured along the highway edge, from William Gibbs' southwest corner of his store lot, and running thence from said beginning point southeastwardly parallel with said Gibbs' south line 100 feet; thence southwardly parallel with said highway 50 feet; thence northwestwardly parallel with the first line 100 feet to the eastern edge of Highway 55; thence northwardly with the highway edge 50 feet to the point of BEGINNING, containing one-fourth (1/4) acre, more or less. Said land is a portion of that conveyed by Pamlico County to Sudie Mozelle and husband by deed dated July 26, 1966 and recorded in Book 145 at page 172, Pamlico County Registry. Said property was acquired by Grantor by deed recorded in Book 517, Page 778, Pamlico County Registry, and is all of Parcel # J081-133-1, according to the Pamlico County Tax Collector. TRACT EIGHT: TRACT EIGHT A: Being all of the tract identified as "The Landings of Oriental, Inc. 41.127 Acres" on the map entitled "A Survey For Vista Associates" which is recorded in Map Cabinet A at Slide 20-6 of the Pamlico County Registry. SAVING AND EXCEPTING from the above parcel all lots, roads and streets in Sections I, II and III of the Landings Subdivision, as shown on the maps recorded in the Pamlico County Registry in Map Cabinet A at Slides 21-1, 29-2, 47-7 and 62-10. ALSO CONVEYED is a non exclusive right of ingress, egress and regress over and upon Seafarer Drive, Peterson Place extended between Lots 45 and 46, Section II, The Landings, all as shown on the map recorded in Map Cabinet A at Slide 62-10 of the Pamlico County Registry. Book: 575 Page: 150 Page 5 of 16 It is the intention of the Grantor to convey all of the unsubdivided property remaining from the 41.127 acre tract described above. TRACT EIGHT B: Being all of Lot Number Three (3) containing 19.121 acres, as shown on the amp entitled "SUBDIVISION PLAT OF TALL PINES SUBDIVISION", by Kristian V. Nixon, Professional Land Surveyor, dated June 10, 2003 and recorded in Plat Cabinet A, at Slide 139-1, of the Pamlico County Registry. TRACT EIGHT C: BEING all that certain 45.855 acre tract as shown on the map entitled "Survey for Sylvan Friedman and wife, Alynn R. Friedman" by Kendall E. Gaskins, RLS, dated December 2, 2004 and recorded in Plat Cabinet A at Slide 141-1 of the Pamlico County Registry. Said property is all of that property acquired by Grantor by deed recorded in Book 566, Page 778, and is all of Parcel Numbers J081-204, J081-13 7, and J081-139, according to the Pamlico County Tax Collector. TRACT NINE: Commencing at a point in the centerline at the end of NC DOT Maintenance of Secondary Road 1315 (Callison Road), thence running S 56-27-46 W 3440.68' to an existing iron axle, being the southwest corner of the Henry Tillman 100 Acre Patent (also being the southwest corner of the lands now owned by Weyerhaeuser Co. and recorded in Deed Bk. 217, Page 533); thence running N 35-33-42 W 1727.62' to an existing iron pipe on the western line of the above mentioned Henry Tillman Patent Tract, THE POINT AND PLACE OF BEGINNING; thence running S 54-44-18 W 6786.03' with the northern line of the lands now owned by Weyerhaeuser Co. and recorded in Deed Bk. 224 Page 148 to an existing iron pipe in the eastern line of the lands now owned by Weyerhaeuser Co. and recorded in Deed Bk. 224, Page 368 (also the eastern line of the Blades Patent Tract); thence running N 20-36-00 W 1616.73' to an existing iron pipe (it being the north corner of the Blades Patent Tract); thence running S 54-33-52 W 2396.55' with the Weyerhaeuser line to an existing iron pipe; thence N 59-32-52 W 41.53' to an existing iron pipe (it being the corner of the lands now owned by the State of North Carolina and recorded in Plat Cabinet A, Slide 15-10), thence running N 39-16-37 E 6427.59' to an existing concrete monument at the corner of the lands now owned by the Superior Land and Timber Corp. and recorded in Deed Bk. 316, Page 864; thence running S 59-12-21 E 237.63', to an existing concrete monument in the western line of the lands now owned by Weyerhaeuser Co. and recorded in Deed Bk 217, Page 533 (formerly the W.P. Morris Lumber Co. land); thence running with the Weyerhaeuser line S 01-19-03 E 2438.31' to an existing iron pipe; thence continuing with the Weyerhaeuser Co. line N 68-10-08 E 892.02' to an existing iron pipe; thence N 69-16-18 E 1735.96' to an existing iron pipe (it being the John Tillman and John Harris); thence running N 54-46-18 E 1309.92' with the Weyerhaeuser line to an existing iron axle (also being the John Tillman Patent Line, to the northwest corner of the Henry Tillman Patent 100 ac. circa 1800), thence 5-35-36-40 E 424.67' to the point of BEGINNING, containing 268.42 acres, more or less, according to survey entitled "Surveyed for George E. Taylor," dated December 20, Book: 575 Page: 150 Page 6 of 16 2001, by Josh Nobles Land Surveying, and recorded in Plat Cabinet A, Slide 141-10, Pamlico County Registry. Said property was acquired by Grantor by deed recorded in Book 455, Page 773, Pamlico County Registry, and is all of Parcel # H06-8, according to the Pamlico County Tax Collector. TRACT TEN: Being all of Lot Numbered Nine (9) of Horton's Landing as shown on the map prepared by A. Hugh Harris, Jr., PE-RLS, dated November 21, 1989, entitled "A REVISED PLAN OF HORTON'S LANDING, SECTION TWO & SECTION THREE" recorded in Plat Cabinet A, Slide 48-9, Pamlico County Registry. This conveyance is made subject to the Restrictive Covenants for Horton's Landing, Sections Two and Three, recorded in Book 265 at page 704, Pamlico County Registry, and to the Subdivision Street and Pier Disclosure Statement for Horton's Landing, Sections Two and Three, recorded in Book 265 at page 699, said registry. Said property was acquired by Grantor by deed recorded in Book 570, Page 705, and is all of Parcel # I092-8-2-9, according to the Pamlico County Tax Collector. TRACT ELEVEN: TRACT ELEVEN A: A 1/178 undivided interest in and to that certain tract or parcel of land lying and being situate in Township Number Five (5), Pamlico County, North Carolina, and being more particularly described by Exhibit A" attached to the Declaration recorded in Book 334 at Page 140, Pamlico County Registry, the Amendment And Annexation dated March 21, 2000, recorded in Book 352 at page 697, and the Second Amendment And Annexation dated August 5, 2008 and recorded in Book 520 at Page 239, which are incorporated herein by reference. TRACT ELEVEN B: A 1/178 undivided interest in and to that certain tract or parcel of land lying and being situate in Township Number Five (5), Pamlico County, North Carolina, and being more particularly described by Exhibit "A" attached to the Declaration recorded in Book 334 at Page 140, Pamlico County Registry, the Amendment And Annexation dated March 21, 2000, recorded in Book 352 at page 697, and the Second Amendment And Annexation dated August 5, 2008 and recorded in Book 520 at Page 239, which are incorporated herein by reference. TRACT ELEVEN C: Also conveyed is the exclusive right to use Boat Slip No. Two Hundred Thirty -Three (233) as shown on the plat entitled "PECAN GROVE MARINA PHASE 4" recorded in Plat Cabinet A, Book: 575 Page: 150 Page 7 of 16 Slide 173-10. Such Boat Slip is assigned to and shall be appurtenant to the aforesaid undivided interests. Said property was acquired by Grantor by deed recorded in Book 553, Page 490, and is all of Parcel # I092-178-233SL, according to the Pamlico County Tax Collector. All that certain tract or parcel of land lying and being situate in Number Two Township, Pamlico County, North Carolina and being more particularly described as follows: Being all of Tract 2 of 37.75 acres as same is shown and delineated on a map entitled A Division of Lands of The Garland Fulcher Estate, said map being recorded in Plat Cabinet A, Slide 107, Page 7, in the office of the Register of Deeds of Pamlico County, said map being incorporated herein by reference for a more perfect description of said property. Said property was acquired by Grantor by deed recorded in Book 331, Page 891, Pamlico County Registry, and is all of Parcel # J07-28-2, according to the Pamlico County Tax Collector. TRACT THIRTEEN: All that certain lot or parcel of land located in No. 5 Township, Pamlico County, North Carolina, and being more particularly described as follows: BEGINNING at an existing iron pipe that is located South 75' 23' East 270.07 feet from an existing iron pipe that is located 3,725 feet from SR 1307 along SR 1005: THENCE FROM THIS POINT OF BEGINNING, North 32' 54' 00" East 328.58 feet to an existing iron pipe; THENCE, North 48' 35' 00" East 455.45 feet to an existing iron pipe; THENCE, North 18' 51' 00" East 681.30 feet to an iron pipe; THENCE, South 47' 49" 05" West 1244.20 feet to an existing iron pipe; THENCE, South 55' 50' East 114.35 to an existing iron pipe; THENCE, South 25' 56' West 245.54 feet to an existing iron pipe; THENCE, South 62' 28' East 219.44 feet to the point of beginning, containing 8.09 acres, more or less, according to a survey for Morris P. Willis and wife, Annie Willis, prepared by A. Hugh Harris, Jr., RLS, dated December 6, 1994. Said property was acquired by Grantor by deed recorded in Book 310, Page 546, Pamlico County Registry, and is all of Parcel # G08-58-1, according to the Pamlico County Tax Collector. TRACT FOURTEEN: All those certain tracts or parcels of land situated in Number Five (5) Township, Pamlico County, North Carolina, more particularly described as follows, to wit: Book: 575 Page: 150 Page 8 of 16 TRACT FOURTEEN A: All that certain tract or parcel of land hounded on the East by Pearce's Creek; and on the South by a branch and the lands of Lossie Pearsol and John Harrell; and on the West by the lands of Lossie Pearsol and Martha Williams and Alonza Foy; and on the North by the lands of J. W. Jordan, and more particularly described as follows, to wit: BEGINNING at a point located the following courses and distances measured from a point in the Eastern line of the Pamlico - Oriental Road, which said point is twenty (20) links from the center line of the said Pamlico - Oriental Read, and is in the center line of a ditch, this said ditch being the line ditch between John Harrell and Martha Williams: South S7 degrees 35 minutes Past 11.13 chains, North 53 degrees 45 minutes East 6.62 chains; thence from this Beginning along the line of Martha Williams and Lossie Pearsol, North 52 degrees 50 minutes East 3.96 chains to the Alonza Foy line; thence along said Alonza Foy line South 41 degrees 00 minutes East 13.42 chains to a rock; thence along another of Alonza Fey's lines North 51 degrees 50 minutes East 3.96 chains to another rock; thence along another of Alonza Poy's lines North 40 degrees 45 minutes West 13.41 chains to the Lossie Pearsol line; thence along the said Lossie Pearsol line North 48 degrees 45 minutes East 7.17 chains to the run of Flat Branch; thence along the run of Flat Branch, this being the J. W. Jordan line, North 78 degrees 30 minutes East 1.72 chains to an old corner stake; thence along another J. W. Jordan line North 52 degrees 00 minutes East 10.61 chains to a ditch; thence along this said ditch, this being the J. W. Jordan line, North 50 degrees 50 minutes East 5.90 chains; thence continuing with the said ditch and its course continued, this being another J. W. Jordan line, North 53 degrees 00 minutes East 7.31 chains to the run of Pearce's Creek; thence down and with the run of Pearce's Creek the following courses and distances; South 64 degrees 45 minutes East 1.64 chains, South 8 degrees 30 minutes East 3.00 chains, South 2 degrees 30 minutes East 4.27 chains, South 40 degrees 00 minutes West 1.67 chains, South 46 degrees 25 minutes West 2.83 chains, South 4 degrees 30 minutes East 2.91 chains, South 4 degrees 40 minutes West 2.83 chains, South 17 degrees 00 minutes East 3.30 chains, South 44 degrees 10 minutes West 1.86 chains, South 23 degrees 10 minutes West 1.92 chains, South 37 degrees 40 minutes West 1.79 chains, South 35 degrees 00 minutes West 1.27 chains, South 22 degrees 00 minutes East 1.41 chains, South 19 degrees 40 minutes West 2.26 chains, South 25 degrees 20 minutes West 4.32 chains, South 42 degrees 00 minutes West 3.07 chains, South 30 degrees 15 minutes West 3.77 chains, South 26 degrees 50 minutes West 3.03 chains, South 1 degree 25 minutes East 3.12 chains, South 8 degrees 40 minutes West 2.73 chains, South 0 degree 30 minutes West 2.33 chains to a small brancht thence up and with the run of this said branch, this being a John Harrell line, the following courses and distances: North 84 degrees 10 minutes West 1.91 chains, North 51 degrees 10 minutes West 3.03 chains, North 30 degrees 55 minutes West 2.50 chains, North 79 degrees 25 minutes West 1.67 chains, South 76 degrees 40 minutes West 1.76 chains, North 15 degrees 30 minutes West 1.54 chains, North 8 degrees DO minutes East 2.18 chains, North 54 degrees 20 minutes West 1.44 chains, South 55 degrees 35 minutes West 0.67 chains, North 69 degrees 15 minutes West 0.78 chains to the Lossie Pearsol line; thence along the Lossie Pearsol line, this being with the ran of a ditch, the following courses and distances: North 0 degree 45 minutes West 6.05 chains, North 12 degrees 10 minutes West 1.90 chains, North 51 degrees 50 minutes West 3.41 chains, North 69 degrees 10 minutes West 0.70 chains, North 41 degrees 25 minutes West 8.01 chains to the Point of Beginning, containing 69.3 acres, more or less. The said lands are described according to a survey by S. E. Harris. Surveyor, and the courses herein given are magnetic for 1958. The said Book: 575 Page: 150 Page 9 of 16 tract is further known and designated as Tracts Nos. 1, 2, 3 and 4 upon a map prepared by Albert R. Bell, C. E., from the aforesaid survey of S. E. Harris, Surveyor, entitled: "Union Bag -Camp Paper Corp., J. B. Warren Tracts, No. 5 Township, Pamlico County, North Carolina," and which map is recorded in Map Book 2, Page 88, in the Office of the Register of Deeds of Pamlico County and is by reference incorporated herein for a further description of said tracts designated Nos. 1, 2, 3 and 4 thereon. TRACT FOURTEEN B: All that certain tract or parcel of land situated in Number 5 Township, Pamlico County, North Carolina, bounded on the North and East by the lands of Alonza Foy and Lossie Pearsall on the South by the lands of J. W Warren and Lossie Pearsol; and on the West by the lands of John Harrell and the Oriental -Pamlico Road, and more particularly described as follows, to wit: BEGINNING at a point in the Eastern line of the Oriental -Pamlico Road, this said point being in a ditch and located twenty (20) links from the center line of said road, this said ditch being the Northern line of John Harrell; thence from this Beginning, along the Eaetern line of the said Road. North 6 degrees 45 minutes West 4.86 chains; thence along the line of Alonza Roy, South 67 degrees SO minutes East 4.74 chains; thence along the Eastern line of Alonza Foy, North 3 degrees 30 minutes East 2.06 chains to the Loesie Pearsol line; thence along this said Pearsol line South 67 degrees 35 minutes East 13.16 chains to the J. B. Warren line; thence along the J. B. Warren line South 52 degrees 50 minutes West 0.63 chains; thence along another Lassie Pearsol line and the John Harrell line South 53 degrees 45 minutes West 6.62 chains to the center line of a ditch; thence along this said ditch, this being another John Harrell line, North 67 degrees 35 minutes West 11.13 chains to the Point of Beginning, containing 8.5 acres, more or less. The said lands are described according to a survey of S. E. Harris, Surveyor, and the courses herein given are magnetic for 1958. The said tract is further known and designated as Tract #5 upon a map prepared by Albert R. Bell, C. E., from the aforesaid survey of S. E. Harris, Surveyor, entitled: "Union Bag -Camp Paper Corp., J. B. Warren Tracts, No. S Township, Pamlico County, North Carolina", and which map i8 recorded in Map Book 2, Page 88, in the Office of the Register of Deeds of Pamlico County, and is by reference incorporated herein for a further description of said tract designated No. 5 thereon, The said described lands are the same as conveyed to International Paper Company by deed of Martha Williams and her husband, Frank Williams, dated May 20, 1956, as recorded in Book 123, Page 336, in the Office of the Register of Deeds of said County, and to which reference is also hereby expressly made for all purposes hereof. There is excepted from the property heretofore described the following tracts or parcels of land: (1) That certain tract or parcel of land containing 8.16 acres as the same is shown on that map prepared by Bryant E. Hardison, Jr., Registered Land Surveyor, dated June 18, 1987, and identified by the following legend: "Survey Map of the 8.16 Acre Portion of Weyerhaeuser Company's Pamlico 50 and Proposed Rights of Way." The map herein referred to is duly of Book: 575 Page: 150 Page 10 of 16 record in Plat Cabinet A, Slide 29-5 , Pamlico County Registry, and reference is hereby made to said map for a more complete and accurate description of the property heretofore identified. (2) Being all of Lots One (1) through Twenty -Four (24) as shown on that map of record in Play Cabinet A, Slides 44-8 through 44-10, Pamlico County Registry. The map herein referred to was prepared by J. Scott Cunningham, Registered Land Surveyor, and is dated May 22, 1989, and said map is identified by the following legend: 'Bent Tree Landing, Weyerhaeuser Real Estate Co. Final Plat". Further reference is hereby made to said map for a more complete and accurate description this property. (3) Being all of Lots One (1) through Twenty -Four (24) as shown on that map of record in Plat Cabinet A, Slides 88-3, Pamlico County Registry. The map herein referred to was prepared by J. Scott Cunningham, Registered Land Surveyor, and is dated January 21, 1995, and said map is identified by the following legend: "Map of Correction of Bent Tree Landing Far Weyerhaeuser seal Estate Co.". Further reference is hereby made to said map for a more complete and accurate description this property. (4) Seeing all of Lot Twenty -Five (25) as the same is shown on that map of record in Plat Cabinet A, Slides 88-2, Pamlico County Registry. The map herein referred to was prepared by J. Scott Cunningham, Registered Land Surveyor, and is dated January 21, 1995, and said map is identified by the following legend: "Bent Tree Landing Il For Weyerhaeuser Real Estate Co.". Further reference is hereby made to sand map for a more complete and accurate description this property. The conveyance of Tracts Fourteen A and Fourteen B is made subject to the following terms and conditions; (1) This conveyance is made subject to the reservation of mineral rights which are retained by Weyerhaeuser Company and said reservation is stated in substance as follows: "The Grantor hereby expressly saves, reserves and excepts out of the grant hereby made, unto itself, its successors and assigns forever, all ores and minerals including but not limited to oil, gas, coal, distillates, and condensates in and under said land. Top soil, sand, fill dirt, ground water, and other commonly occurring substances are expressly excluded. Notwithstanding the foregoing and notwithstanding any other legal or equitable right or remedy now existing or hereafter enacted or created. Grantor hereby agrees, for itself and for its successors and assigns, that the rights hereby reserved and excepted shall not be exercised in a manner adversely affecting use of the surface at any time unless and until the Grantor or its successors or assigns, as the case may be, shall first make satisfactory written arrangements with the then owner of the property affected and with the mortgagee or mortgagees of such property, as their respective interests may appear, to compensate said owner and mortgagee and mortgagees for damages incurred to the surface and any improvements thereon in exercising such rights." Book: 575 Page: 150 Page 11 of 16 Tracts Fourteen A and Fourteen B were acquired by Grantor by deed recorded in Book 319, Page 432, Pamlico County Registry, and is all of Parcel # J083-2, according to the Pamlico County Tax Collector. TRACT FIFTEEN: All that certain tract or parcel of land lying and being situate in Number Two (2) Township, Pamlico County, North Carolina, and being more particularly described as follows: BEGINNING at a one -inch (1 ") iron pipe in the southeastern line of the 1140.967-acre tract of land shown on the recorded map hereinafter referred to, which iron pipe is more specifically located as follows: By commencing at the concrete monument marking the N.C. Geodetic Survey Station "Collision No. 1 ", having N.C. Grid Coordinates of x = 2,680,538.30 and 493,258.62, said N.C. Geodetic Survey Station being located North 81 degrees 57 Minutes 46 seconds West 2953.54 feet from the concrete monument marking the N.C. Geodetic Survey Station "Collision" which is situated just off the eastern edge of the pavement of N.C. Highway 55 opposite the eastern terminus of N.C.S.R. 1315 at its intersection with said N.C. Highway 55; and running thence from said N.C. Geodetic Survey Station "Collision No. 1" South 63 degrees 24 minutes 24 seconds West 6631.06 feet to an iron axle; and running thence North 35 degrees 34 minutes 18 seconds West 1727.58 feet to a one -half -inch (1/2") iron bar; and running thence North 35 degrees 33 minutes 39 seconds West 424.57 feet to an iron gear; and running thence South 54 degrees 46 minutes 18 seconds West 1309.92 feet to a three quarter -inch (3/4") pinched iron pipe; and running thence North 59 degrees 15 minutes 23 seconds West 2918.28 feet to a concrete monument with brass cap marked "State of N.C." in the western line of the property of Weyerhaeuser Company as the same is described in those two certain deeds dated June 14, 1982, from Branch Banking and Trust Company, to Weyerhaeuser Company, recorded in Deed Book 217, at Page 537, Pamlico County Registry, and dated July 29, 1982, from North Carolina Phosphate Corporation, to Weyerhaeuser Company, recorded in Deed Book 217, at Page 533, Pamlico County Registry; and running thence North 59 degrees 15 minutes 23 seconds West 237.28 feet to another concrete monument with brass cap marked "State of N.C."; and running thence South 39 degrees 16 minutes 37 seconds West 2111.70 feet to the aforesaid one -inch (I") iron pipe, the true point and place of BEGINNING; runs thence North 39 degrees 16 minutes 37 seconds East 2111.70 feet to a concrete monument with brass cap marked "State of N.C."; runs thence South 59 degrees 15 minutes 23 seconds East 237.28 feet to the aforesaid concrete monument with brass cap marked "State of N.C." in the aforesaid western line of the property of Weyerhaeuser Company; runs thence along said western line North 01 degrees 19 minutes 37 seconds West 771.07 feet to a one -and -one -half -inch (1-1/2") iron pipe located in said western line (which iron pipe is more precisely located by commencing at the concrete monument marking the N.C. Geodetic Survey Station" Stonewall No. 1 ", having N.C. Grid Coordinates of X=, 2,670,736.85 and Y= 504,597.68, and running thence from said N.C. Geodetic Survey Station South 15 degrees 02 minutes 34 seconds West 5355.51 feet to a one -inch iron pipe; and running thence South 26 degrees 32 minutes 47 seconds East 678.79 feet to a one -and -one -half -inch iron pipe; and Book: 575 Page: 150 Page 12 of 16 running thence South 01 degrees 17 minutes 38 seconds East 5275.55 feet to said one -and -one- half -inch iron pipe located in the aforesaid western line of the aforesaid property of Weyerhaeuser Company); runs thence South 88 degrees 20 minutes 12 seconds West 1496.35 feet to a three -quarter -inch (3/4") iron pipe; runs thence in a southerly direction along a straight line to the point and place of BEGINNING; and being an eastern part of the 1140.967-acre tract of land shown on the certain survey map dated June 25, 1984, as revised October 17, 1984, prepared by James M. Walker, Registered Land Surveyor, of Olsen Associates, Inc., Engineers & Surveyors, Greenville, N.C., and entitled "Survey for STATE OF NORTH CAROLINA, Light Ground Pocosin Townships No. 2 & No. 5, Pamlico Co., N.C.", which survey map is recorded in Plat Cabinet A, Slide 15-10, Pamlico County Registry. This conveyance is made together with a non-exclusive permanent and perpetual easement and right of way for purposes of ingress, egress and regress, which easement is sixteen (16) feet in width and is more particularly described as follows: Beginning at the point identified by the letter "A" as the same is shown on the map hereinafter referred to and running to the point identified by the letter "C" as the same is shown an that map prepared by Jack P. Huddle, P.L.S., dated December 30, 2002, and identified by the following legend: "SURVEY FOR SUPERIOR LAND AND TIMBER CORPORATION NO. 2 TOWNSHIP PAMLICO COUNTY, NC". This map is duly of record in the Office of the Register of Deeds of Pamlico County in Plat Cabinet A, Slide 136-8, and reference is hereby made to said map for a more complete and accurate description of this property. This easement shall be appurtenant to and benefit the property of Superior Land & Timber Corporation known as the Superior Tract and described by deed recorded at Book 316, Page 864 in the office of the Register of Deeds of Pamlico County and shall be appurtenant to and benefit any other property hereinafter acquired by said party and to which property, said party by recorded document, designates the easement as being appurtenant to and benefiting. The easement hereinbefore described may be combined with other easements acquired by the party of the second part and the combination of said easements shall be appurtenant to the aforesaid property. This conveyance is subject to that certain non-exclusive right of way of ingress, egress and regress over, upon and across a strip of land 16 feet in width, the South, West and South lines of said right of way being described as follows: Beginning at the southeasternmost corner of the 708.40 acre tract of land described in the deed from W.P. Morris to Weyerhaeuser Company, dated June 1982, and recorded in Book 12, at Page 63, Pamlico County Registry, said beginning point being in the centerline of a canal and running thence South 64 degrees 13 minutes West 2,155.73 feet; North 26 degrees 39 minutes West 2,152.58 feet; thence South 63 degrees 42 minutes West 1,735.96 feet; thence South 77 degrees 06 minutes West 891.98 feet. Said property was acquired by Grantor by deed recorded in Book 461, Page 493, Pamlico County Registry, and is all of Parcel # H06-10, according to the Pamlico County Tax Collector. Book: 575 Page: 150 Page 13 of 16 TRACT SIXTEEN: TRACT SIXTEEN A : In the Village of Pamlico, on the east side of the road leading from Pamlico to Oriental (Secondary Road 1317), via Orchard Creek, and on the west side of Gideons Creek, BEGINNING in the center of the bridge over which said road crosses Gideons Creek, and running thence down and with the west bank of said creek the following six courses and distances: North 4° 09' East 92.99 feet; thence North 24' 57' West 128.58 feet; thence North 18' 31' East 183.61 feet; thence North 26' 40' West 52.10 feet; thence South 5° 54' West 50.48 feet; thence North 40' 1 F East 63.34 feet to the mouth of a ditch; thence with the centerline of said ditch North 71 ° 24' West 150.41 feet to the centerline of the aforesaid road; thence along and with said road centerline the following three courses and distances: South 4° 16' East 238.95 feet; thence South 1° 24' East 213. 18 feet; thence South 37' 37' East 158.01 feet to the point of BEGINNING, containing one and one-half acres, more or less. The right of way of said road is EXCEPTED. Said description is from a survey and map by G. Jerome Norman, RLS, dated November 7, 1968, the courses being magnetic for said date. A copy of said map is recorded in Map Book 4 at Page 72, Pamlico County Registry. Said land was conveyed by Carlton M. Muse and others to C. M. Muse Seafood, Inc. by deed dated November 15, 1968, recorded in Book 143 at Page 578, Pamlico County Registry. TRACT SIXTEEN B: The lot which was conveyed by William Donald Mason to Carlton M. Muse and Talmadge O. Hudgins by deed dated March 17, 1969, recorded in Book 151 at Page 656, Pamlico County Registry, which lies immediately northward of the above -described tract, bounded on the north by the former J. Dean line, on the east by Gideon Creek, on the south by the above -described lot, and on the west by Secondary Road 1318, containing one acre, more or less, it having been conveyed to C. M. Muse Seafood, Inc. by deed dated May 15, 1981 and recorded in Pamlico County Registry. Tracts Sixteen A and Sixteen B were acquired by Grantor by deed recorded in Book 287, Page 831, Pamlico County Registry, and are all of Parcel # K081-57 according to the Pamlico County Tax Collector. TRACT SEVENTEEN: That lot identified as "0.53 Acre" on a survey and map dated May 4, 1995, prepared by A. Hugh Harris, Jr., PE-RLS, entitled "A SURVEY FOR Garland C. Fulcher And Wife Deborah W. Fulcher", copy of which is attached to the deed recorded in Book 305, Page 247, Pamlico County Registry, and incorporated herein by reference. Book: 575 Page: 150 Page 14 of 16 Said property was acquired by Grantor by deed recorded in Book 305, Page 247, Pamlico County Registry, and is all of Parcel # K081-17 according to the Pamlico County Tax Collector. TRACT EIGHTEEN: Lying on the east side of the State Highway in the Village of Pamlico, North Carolina, and bounded as follows: BEGINNING at the intersection of Landing Road and State Highway and running a southwardly course with said State Highway to the John Peele line; thence a eastwardly course with the said John Peele's line 150 feet to a stake, thence a northwardly course to the Landing Road, thence a westwardly course with said Landing Road 150 feet to the Beginning. Said land was conveyed to Talmage O. Hudgins and wife, Helen M. Hudgins by Ronald A. Paul and wife, Sadie M. Paul, by deed dated July 6, 1965 and recorded in Deed Book 142 on page 169, Pamlico County Registry. Said property was acquired by Grantor by deed recorded in Book 415, Page 101, Pamlico County Registry, and is all of Parcel # K081-52 according to the Pamlico County Tax Collector. TRACT NINETEEN: Being that tract containing 2.1 acres as shown on that map entitled "Boundary Survey For Garland Christopher Fulcher & Wife Deborah W. Fulcher", prepared by Dennis A. Fornes, Professional Land Surveyor, dated December 2, 2003, which survey map is attached to the deed recorded in Book 415, Page 129, Pamlico County Registry, and incorporated herein by reference. Said land was conveyed to John F. Peele by BP Paul et ux by deed dated January 31, 1919 and recorded in Deed Book 526 at page 69, Pamlico County Registry. Said property was acquired by Grantor by deed recorded in Book 415, Page 129, Pamlico County Registry, and is all of Parcel # K081-54 according to the Pamlico County Tax Collector. TRACT TWENTY: TWENTY A: All that certain tract or parcel of land lying on the south side of Lower Broad Creek and east side of Gideons Creek, BEGINNING at a lightwood stake in the edge of the public road, and running at right angles with said road southwestwardly a straight line to C. Harper's East line; thence Northwardly with said Harper's east line to Gideons Creek; thence down said creek to the public road; thence up said road to the BEGINNING, containing Five (5) acres, more or less, and being Book: 575 Page: 150 Page 15 of 16 the same land conveyed to Douglas R. Gregory, Sr. and wife, Joyce H. Gregory by deed dated September 24, 1980, recorded in Book 207 at page 583, Pamlico County Registry. TWENTY B: Adjoining the lands of Flavel Mills, formerly the Calvin Mills lands, BEGINNING at the Bridge which crosses Gideon's Creek, and running Southeastwardly with the Public Road to a lightwood stake at a ditch near the Public Road; thence down said ditch to the mouth thereof at a stake; thence northwestwardly to a gut; thence down said gut to Gideon's Creek; thence up said creek to the BEGINNING, containing One (1) acre, more or less, and being the same land conveyed to Douglas R. Gregory, Sr. and wife, Joyce H. Gregory by deed dated September 24, 1980, recorded in Book 207 at page 583, Pamlico County Registry. Said property was acquired by Grantor by deed recorded in Book 452, Page 788, Pamlico County Registry, and is all of Parcel # K081-58 according to the Pamlico County Tax Collector. Book: 575 Page: 150 Page 16 of 16 Gideon Creek CAMA Major Permit PN SE: Cli Ne fl Attachment 2 Vicinity Map Alliance Bayhoro Arapahoe �L / Ur't"i'di a S w V f� m n x 6 1 Q 0 ¢a m s o � h� A r PP� 19 Page 7 of 19 Gideon Creek CAMA Major Permit PN SE: Cli Attachment 3 Gideon Creek Travel Lift Site Plan Page 8 of 19 ow z d w pJU pow O ii wwo Z~ o nma U=> oom Nmo �Np w oZw 2 -o oz " o U QZ om wY� =UQ s= OY� vw�w =ON pwz ow �7 z o °a n'z ow(D m w E Q ¢3z wpo 0 < _ _ Ian dp o pow �o< w2 Zmw �::5 oz8 U-O ZZp o w Sam U pp0 Ymz 613 o 0� ENO �o= awo °oLL \ � � WK APPROX. RIPARIAN `\ \\ `\ \ \\\ DICKSON CORRIDOR LINE \ � �\ `\ `\ \\ / \ \\\ \\ �\\ commu nit infrastructure consultants \\ \ \ \ \ \' \\ 300 N. THIRD STREET SUITE \ \\ \ 301 WILMINGTON, NC 28401 (t)910-762-420(f)910-762-42001 CREEK CL ALIGNMENT , \\\\\\\\ \\\\ \^xO0\\ \\ WWW.WKDICKSON.COM NC LICENSE NO.F-0374 1/4 OF WATERBODY �\ ` WIDTH '/ ��� `\ `\ \ \ �/ ��� ,���` \ �� ���\ \� \ \\/ `\ / + ,� b v` vs�� I ON , \\ APPROX. EDGE OF MARSH PROJECT AREA ` APPROX. MARS-Wl N L LINE \+ + \ O \ ! \ CO PROFESSIONAL SEAL ,COMPONENT A \ X p•ROPOSED WOOD DOCK )�\ \ N' \ V'\\ � + / O (6'\VIDE X 310' LONG)` _ /,\ �x� o \\ co `—\ L,XISTING WOOD DOCK ` \ , 4- �. TO BE REMOVED (10'WIDE X 195' LONG) �� — — �\\ \►\ \` I \` APPROX.50' NEUSE `� + ``. + + o \\\ X RIVER o I ;;.\� \\`� ~ \ RIPARIAN � / � ���\\\ ► I _ '' I ,__--� .- \ BUFFER LINE `. + � � ` '�.hx � � \ I `. � \• \\\ \ .\ PPROX. GE��� \ � + ` z O X APPROX. 75' EST. ► S «'_� - LU cn SHORELINE AEC LINE �`� `,, / �\'1 I 1\ - = COMF�ONENT E o l co o E,OMPONE ITT \ / - \\ APPROX. RIPARIAN LU O _ \ 1 I I `� \\ J APP OX. 50' X 10, ABA DONED VESSEL 04 EXISTING BOAT I / RAMP TO REMAINI / / CORRIDOR LINE c" U) > ". 1 RE OVAL AREAowC APPROX. 30' VEGETATED _ BUFFER LINE �..• :. '� �/- ;'�� \ ' EXISTJDdG n i ��� ' ` / \ NikL F� 60NT F P JECT AREA '. ByI�HEAD TO ` MAIN �`�T BUHEAD\ \ ADJ. RIP PROP OWNER: NC DOT DISTR. 2 A. EXISTING SHIPPING APPROXI ATE EDGE OF AVEMENT o .' AND ADJ. RIP. PROP. OWNER: BUILDING TOREIMA N • ` CENTERLINE ► i + ,. O WILSON, TROY , ` �� `": CENTERLINE OF PIER 2 EDGE OF MARSH/GIDEON CREEK NWL 7409746569000 : : - OF PIER 1 PROPERTY •� ► _ o • AREA, TYP. V. ,` :. _ •.: COMPQNE4T B" - o I o l ,ems, , ,'' '� ,' '` .� r - --- - - - - - PROPOSED CONCRETE ► _ _ _ - ► ,,, ,` •'., LU N a N TRAVEL LIFT PIER _ `SUPPORTED ON-21LEs (3' - - - - o00 -.o ,.' o a ------------ WdDEX4brLONG, EACH) cv ,. , A/ _ - z EXISTING STONED cop � •'• � � �? ?! � ss• ROAD'APPROXIMATE PAVEMENT AREA ORCHARCREEK - LIMIT , = Z FOR BOAT RAMP OF WETLANDS �,' 3 EXISTING BUILDING .� U TO REMAIN • I- i LL> N A", � �` + � � � J >'> 40' -'A, .' >� J N SITE PLAN NOTES: '` QLU 1. THE ESTIMATED AMOUNT OF BUILT UPON AREA (BUA) IS LISTED BELOW: ">►► ; ,, ! EXISTING MOS�2UITC� DITCH Q 1.1. EXISTING BUILDING: 12,304 SF �, �>41 .' A. v, W MU 1.2. EXISTING STONE PARKING- 121,611 SF ,► 1.3. EXISTING DOCK: 1,917 SF . �>�' � z 1.4. EXISTING BOAT RAMP: 457 SF PROJECT ARE '� r""� Q 1.5. TOTAL EXISTING: 136,289 SF . W ^^ W z LU 0 1.6. PROPOSED TRAVEL LIFT PIER: 1,053 SF ;' ;.' PPROX.-IMIT, A, 1..� w 10 1.7. PROPOSED STONE PARKING: 113,102 SF Of NWL W W U) - 1.8. TOTAL PROPOSED: 128,833 SF O p z - 1.9. NET DECREASE: 7,456 SF FROM GRAVEL PARING AREA 1 V 3 2. THE UNDERWATER CONTOURS ARE APPROXIMATE AND BASED ON PLANS 0 ' g BY AVOLIS ENGINEERING P.A. DATED 7/4/07. �a REGRADE STONE PROJECT AREA PARKING AREA 3. THE OWNER WILL APPLY FOR NCDEQ STORMWATER AND EROSION U) W CONTROL PERMITS PRIOR TO THE START OF THIS PROJECT. EXISTING STORASIN TO ` � INFILTRATION BASIN TO W M Q L.L 4. THERE IS NO PLANNED WORK TO NCDOT ROADS AS A PART OF THIS REMAIN _ > W W PROJECT. THE OWNER WILL SUBMIT AN NCDOT ENCROACHMENT PERMIT. °C LuU o zJ mol �£8 OVN) dlilJ �N O 0 z a U EXISTING BUA WITHIN 75' EST. SHORELINE AEC (-26,720 SF) LU OLL Q EXISTING BUILT UPON AREA ( 133,915 SF) NOTE . WSURVEY (D 0 3ENE' PROPOSED DISTURBANCE AREA (-87,110 SF) • ' t ' • •` These maps ide location information only. This is not a complete survey or GRAPHIC SCALE z \ PROJ. MGR.: TCH DESIGN BY: AA EXISTING WETLANDS enginee product. All locations, elevations, and quantities shown are based on 40 ° 20 40 S° 160 s Q DRAWN BY: AA re s from multiple sources. No guarantee is placed on the accuracy or ' - + + + + + + + + + + + + + + + + + EXISTING COASTAL WETLANDS completeness of the information. This information is provided for illustrative p PROJ. DATE: 03/20/2023 DRAWING NUMBER: m APPROX. EDGE OF MARSH / NWL LINE purposes only. ( IN FEET ) 1 inch = 40 ft. 1 U 3 1 W a () WKD PROJ. NO.: a z O 20210262.00.WL - U o� w 000E P:Uo pJU pow ao¢ zo� ww� g=w p0¢1 =No W ozw U-p oq'5 wUo �U Z co)Om wY� U Q o OY� DLL. mop zwQ oN. .0a ozz ow(D w�Q �3z o10 wDg 0 wlz w3Q V)m� =d3 �zw Y Qom w z°w :zD ozD Z U-O zp y °2W_ U�w pp0 Y�Q §=z o U OOP U O 'wo oo¢ WK DICKSON community infrastructure consultants 300 N. THIRD STREET SUITE 301 WILMINGTON, NC 28401 TRAVEL LIFT PIER 1 TRAVEL LIFT PIER 2 (t) 910-762-4200 (fl910-762-4201 WWW.WKDICKSON.COM NC LICENSE NO.F-0374 10— 5 APPROXIMATE EDGE 1/4 WIDTH OF OF CHANEL WATERBODY 45' EXISTING BULKHEAD 10 5 10 1/4 WIDTH OF 45' APPROXIMATE EDGE WATERBODY EXISTING 10 5 OF CHANEL BULKHEAD 5 0 0 0 0 _5 NORMAL WATER APPROXIMATE EX GROUND -5 _5 APPROXIMATE EX GROUND _5 -10 SURFACE -10 _10 NORMALWATER SURFACE -10 -151-15 -15 r-15 -0+50 0+00 0+50 1+00 1+50 -0+50 0+00 0+50 1+00 1+50 PROFESSIONAL SEAL m 0+50 3+50 6+00 APPROXIMATE EX GROUND 2 2 _ -80 -60 -40 -20 0 20 40 "4 "6 60 80 1/4 WIDTH OF - WATERBODY APPROXIMATE EX GROUND O 2 - APPROXIMATE EX GROUND Q -2 -4 - _ PROP WOOD -4 -6 _8 - PROP WOOD DOCK 1/4 WIDTH OF WATERBODY -6 -8 -10 - DOCK _12 -� 2 -1 -14 -200 -180 -160 -140 -120 -100 -80 -60 -40 -20 0 20 40 60 80 100 p z 1 +OO -� -160 -140 -120 -100 -80 -60 -40 -20 0 20 40 60 80 100 cr 0 U APPROXIMATE EX GROUND 0 w ❑ - -100 -80 -60 -40 -20 0 20 40 60 -6 80 7+00 O rn 4+00 w 2 cr 1/4 WIDTH OF APPROXIMATE 2 Q - APPROXIMATE EX GROUND 0 -2 1 + 5 0 - WATERBODY PROP WOOD EX GROUND -2 -4 - -8 6 - DOCK -8 1-14 APPROXIMATE EX GROUND 2 _ 12 =I -240 -220 -200 _ 180 _ 160 _ 140 _ 120 _ 100 _ 80 _ 60 _ 40 -20 0 20 40 60 80 100 120 -12 w w _ -4 _A9E -160 -140 -120 -100 -80 -60 -40 -20 0 20 40 60 80 cc °C -cc -120 -100 -80 -60 -40 -20 0 20 40 60 80 100 s 120 Ow w 8+00 `� r 2+00 4+50 pAPPROXIMATE N LU APPROXIMATE EX GROUND 2 O WIDTH OF APPROXIMATE 2 0 - - EX GROUND _2 -4 � Q ❑ - -2 _ WATERBODY EX GROUND -4 - -$ O - -8 W1/4 - RPROPWOOD -8 -12 bz -140 -120 -100 -80 -60 -40 -20 0 20 40 60 80 100 -10 -� 1 -14 =� -12 - 00 -180 -160 -140 -120 -100 -80 -60 -40 -20 0 20 40 60 80 100 120 K -140 -120 -100 -80 -60 -40 -20 0 20 -16 40 60 80 a b Z 2 50 9+00 - APPROXIMATE EX GROUND 2 5+00 0 Q _ _ _4 - _6 2 _ _ =H APPROXIMATE EX GROUND -2 -4 O LL - -8 -10 APPROXIMATE EX GROUND 0 -2 _4 - 11 Elm _6 _g -10 _ O -140 -120 -100 -80 -60 -40 -20 0 20 40 60 80 100 120 4 - _ 1/4 WIDTH OF _8 1- 00 -180 -160 -140 -120 -100 -80 -60 -40 -20 0 20 40 60 80 100 120 140 12 u— PROP WOOD WATERBODY -10 J DOCK I -12 -14 W a -200 -180 -160 -140 -120 -100 -80 -60 -40 -20 0 20 40 60 80 100 16 W z o o V J Q U 3+00 10+00 6 - -2 J Q Z � 4 2 5+50 APPROXIMATE % 1/4 WIDTH OF APPROXIMATE EX GROUND o _ - PROP CONCRETE TRAVEL LIFT PIER WATERBODY -4 APPROXIMATE EX GROUND 2 0 =� -10 -12 14 W z - -$ -10 _ - =6 - 00 -180 -160 -140 -120 -100 -80 -60 -40 -20 0 20 40 60 80 100 120 140 160 W W W - -14 -16 - _1/4 WIDTH OF IMPROIWOC D WATERBODY 8 10-200 � O -180 -160 -140 -120 -100 -80 -60 -40 -20 0 20 40 60 80 100 16 _K -14O 7 z 00 -180 -160 -140 -120 -100 -80 -60 -40 -20 0 20 40 60 80 100 � U W O z U 11 +00 w Q O w o a - APPROXIMATE EX GROUND o -2 � / � W � L) N - 6 � 3a - -8 w cl: Q - -10 _ _ W U -240 -220 -200 -180 -160 -140 -120 -100 -80 -60 -40 -20 0 20 40 60 80 100 120 140 160 -14 W °C �U bi o zJ p V O ) D Z a V/ I �/ �= O a Q 0 U 0 Z 3 PROJ. MGR.: TCH DESIGN BY: AA Q DRAWN BY: KS GIDEON CREEK CENTERLINE CROSS SECTIONS PROJ. DATE: 09/06/2023 w DRAWING NUMBER: C2 w a CU WKD PROJ. NO.: z a O 20210262.00.WL w CU Gideon Creek CAMA Major Permit PN SE: Cli Attachment 4 DWR Water Classification Map Page 9 of 19 Gideon Creek CAMA Major Permit PN SE: Cli Attachments 5 DMF Primary Nursery Area Map F 49 Z � � J e "a �. RIVer h'llli Krl ae Li �gx ID L�r 01���dr a �rflN Gum Thicket Pr`Sge Va%IDT5 Page 10 of 19 Gideon Creek CAMA Major Permit PN SE: Cli Attachment 6 Historical Aerial Photos Page 11 of 19 Gideon Creek CAMA Major Permit PN SE: Cli Attachment 7 Previously Issued Permits Page 12 of 19 Gideon Creek Marina Mr. Chris Fulcher Post Office Box 250 Oriental, NC 28570 Subject Property: - Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality Chuck Wakild, P.E., Deputy Director Division of Water Quality July 11, 2008 Gideon Creek Marina, 4146 Orchard Creek Road Gideon Creek, Neuse River Basin DWQ Project # 07-1938 Pamlico County Approval of 401 Water Quality Certification (GC3642) and Authorization Certificate per the Neuse River Buffer Protection Rules (15A NCAC 2B .0233) with Additional Conditions Dear Mr. Fulcher: You have our approval, in accordance with the attached conditions, to place fill material within or otherwise impact 0.83 acres of waters by shading to construct docking facility as described in your application received by the Division of Water Quality (DWQ) 401 Oversight/Express Review Permitting Unit on November 12, 2007. After reviewing your application, we have determined that the Division of Water Quality (DWQ) General Water Quality Certification Number 3642 covers these water impacts. This Certification allows you to General Permit No. 198000291 when issued by the US Army Corps of Engineers (USACE). This letter shall also act as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B .0233. In addition, you should get or otherwise comply with any other federal, state and local requirements before you go ahead with your project including (but not limited to) erosion and sediment control regulations and CAMA. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 214.0506 (h). This approval requires you to follow the conditions listed in.the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1. Impacts Approved North Carolina Division of Water Quality Intemet: h2o.enr.state.nc.us 943 Washington Square Mall Phone: 252-946-6481 Washington, NC 27889 FAX 252-946-9215 An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper NorthCarohna Naturally Mr. Chris Fulcher Gideon Creek Marina Page 3 of 3 July 11, 2008 Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification (associated with the approved water impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. Any disputes over determinations regarding this Authorization Certificate (associated with the approved buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is subject to review as provided in Articles 3 and 4 of G.S. 150B. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act and the Neuse riparian buffer protection rule as described within 15A NCAC 2B .0233. If you have any questions, please telephone Roberto Scheller of the Washington Regional Office at 252-948-3940 or Ian McMillan of the 401 Oversight/Express Unit at 919-715-4631. incer y For Co f u6lins Enclosures: Certificate of Completion GC 3842 cc: Kevin Avolis, PE, Avolis Engineering, PA Corps of Engineers Washington Field Office DWQ 401 Oversight/Express Unit CAMA, Doug Hugget, Morehead Office DLR, WaRO File copy Central Files File:07-1938 WQC #3642 CAMA PERMIT CERTIFICATION GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS GENERAL PERMIT NUMBER 198000291 ISSUED TO THE NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT OR CORPS OF ENGINEERS GENERAL PERMIT NUMBERS 198000291 198000048 198700056197800080 197800125 and 198200277 AND NATIONWIDE PERMIT NUMBERS 3 12 14 18 27 29 33 35 39 and 43 WHEN APPLIED TO CAMA PERMITS AND RIPARIAN AREA PROTECTION RULES BUFFER RULES This General Certification is issued in conformity with requirement of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality Regulations in 15 NCAC 2H, Section .0500 and 15 NCAC 2B .0200 for the discharge of fill material as described in General Permit 198000291 and for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 2B .0200. This Certification replaces Water Quality Certification Number 3025 issued on September 6, 1995, Water Quality Certification Number 3112 issued on February 11, 1997, Water Quality Certification Number 3274 issued June 1, 2000 and Water Quality Certification Number 3371 issued March 18, 2002 and WQC Number 3400 issued March 18, 2002. This WQC is rescinded when the Corps of Engineers re -authorizes any of these Nationwide or Regional General Permits or when deemed appropriate by the Director of DWQ. The State of North Carolina certifies that the specified category of activity will not violate applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 if conducted in accordance with conditions hereinafter set forth. Conditions of Certification: 1. Activities authorized by CAMA major permits require written concurrence from the Division of Water Quality as well as compliance with all conditions of this General Certification; 2. Activities authorized by Coastal Area Management Act (CAMA) Minor or General Permits do not require written authorization from the Division of Water Quality as long as they comply with all other conditions of this General Certification; 3. In accordance with North Carolina General Statute Section 143-215.3D(e), any request for written concurrence for a 401 Water Quality Certification must include the appropriate fee. If a project also requires a CAMA Permit, one payment to both agencies shall be submitted and will be the higher of the two fees. The fee shall be collected and distributed between the two agencies in accordance with agreements reached between the Division of Water Quality and the Division of Coastal Management; 4. In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be required for impacts to 150 linear feet or more of streams and/or one acre or more of wetlands. In addition, buffer mitigation may be required for any project with Buffer Rules in effect at the time of application for buffer impacts resulting from activities classified as "allowable with mitigation" within the "Table of Uses" section of the Buffer Rules or require a variance under the Buffer Rules. A determination of buffer, wetland and stream mitigation requirements shall be made for any Certification for this Nationwide Permit. The most current design and monitoring protocols from DWQ shall be followed and written plans submitted for DWQ approval as required in those protocols. When compensatory mitigation is required for a project, the mitigation plans must be approved by DWQ in writing before the impacts approved by the Certification occur. The mitigation plan must be implemented and/or constructed before any permanent building or structure on site is occupied. In the case of public WQC #3642 The Director of the North Carolina Division of Water Quality may require submission of a formal application for individual certification for any project in this category of activity that requires written concurrence under this certification, if it is determined that the project is likely to have a significant adverse effect upon water quality or degrade the waters so that existing uses of the wetland or downstream waters are precluded. Public hearings may be held for specific applications or group of applications prior to a Certification decision if deemed in the public's best interest by the Director of the North Carolina Division of Water Quality. Effective date: 19 March 2007 DIVISION OF WATER QUALITY By 0-0.4,1— au�-� Alan W. Klimek Director WQC # 3642 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality DWQ Project No.: County: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Agent's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: If this project was designed by a Certified Professional I, , as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permitee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature Registration No. Date North Carolina Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) 919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetiands/ ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director NORTH CAROLINA Envilronmental Quality January 2, 2019 DWR # 47-1938 V2 PAMLICO County CERTIFIED MAIL: 7018 2290 00018043 6371 RETURN RECEIPT REQUESTED Three Sea Legacy, LLC Attn: Mr, Garland Fulcher 102 South Avenue Oriental, NC 28571 Subject: RETURN OF APPLICATION Gideon Creek Boat Haul Out and Storage Facilities Dear Mr. Fulcher: On November 5, 2018, the Division of Water Resources received a copy of your CAMA Major Application dated October 30, 2018, requesting a 401 Water Quality Certification and Suffer Authorization for the subject project. The Division of Water Resources issues approvals in the form of a Water Quality Certification (WQC) in conjunction with the CAMA Major Permit and General Permit(s) 198000291 issued by the US Army Corps of Engineers (LISACE). This WQC allows you to use the CAMA Major Permit when the Division of Coastal Management issues their permit. We wrote to you on November 30, 2018, December 12, 2018, and December 20, 2018 requesting additional information on the project. As of today, the Division of Water Resources has not received a complete response to these requests. Pursuant to Title 15A NCAC 02H .0507(e), the Division of Water Resources is unable to approve your application. For the reasons listed above, your application is hereby returned. Once you have addressed the problems and/or inadequacies with your application as it was submitted, you will need to reapply directly to the Division of Water Resources for approval including a complete application package on the Pre -Construction Notification Form (PCN) and the appropriate fee. This form can be found online at: http. lwww. saw. u sa ce. a rm v. m i l /W ETLAN D51ornl Please be aware that you have no authorization under Section 401 of the Clear Water Act for this activity and any work done within waters of the state would be a violation of North Carolina General Statutes and Administrative Code. Norl It Carolina Depanmcnt of Enviran meuta l Quality JDivision of Water Resources - Washingnon Regional offlicc 943 Washington Square Mall, Washington, North Carolina 27889 252-946-6481 Gideon Creek CAMA Major Permit PN SE: Cli Attachment 8 January 24, 2023 Site Photos ffIla Page 13 of 19 Gideon Creek CAMA Major Permit PN Sr: Cli Attachment 9 "GUIDELINES FOR AVOIDING IMPACTS TO THE WEST INDIAN MANATEE, Precautionary Measures for Construction Activities in North Carolina Waters" Page 14 of 19 " United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 4 s. % Raleigh, North Carolina 27636-3726 GUIDELINES FOR AVOIDING IMPACTS TO THE WEST INDIAN MANATEE Precautionary Measures for Construction Activities in North Carolina Waters The West Indian manatee (Trichechus manatus), also known as the Florida manatee, is a Federally -listed endangered aquatic mammal protected under the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.) and the Marine Mammal Protection Act of 1972, as amended (16 U.S.0 1461 et seq.). The manatee is also listed as endangered under the North Carolina Endangered Species Act of 1987 (Article 25 of Chapter 113 of the General Statutes). The U.S. Fish and Wildlife Service (Service) is the lead Federal agency responsible for the protection and recovery of the West Indian manatee under the provisions of the Endangered Species Act. Adult manatees average 10 feet long and weigh about 2,200 pounds, although some individuals have been recorded at lengths greater than 13 feet and weighing as much as 3,500 pounds. Manatees are commonly found in fresh, brackish, or marine water habitats, including shallow coastal bays, lagoons, estuaries, and inland rivers of varying salinity extremes. Manatees spend much of their time underwater or partly submerged, making them difficult to detect even in shallow water. While the manatee's principal stronghold in the United States is Florida, the species is considered a seasonal inhabitant of North Carolina with most occurrences reported from June through October. To protect manatees in North Carolina, the Service's Raleigh Field Office has prepared precautionary measures for general construction activities in waters used by the species. Implementation of these measure will allow in -water projects which do not require blasting to proceed without adverse impacts to manatees. In addition, inclusion of these guidelines as conservation measures in a Biological Assessment or Biological Evaluation, or as part of the determination of impacts on the manatee in an environmental document prepared pursuant to the National Environmental Policy Act, will expedite the Service's review of the document for the fulfillment of requirements under Section 7 of the Endangered Species Act. These measures include: 1. The project manager and/or contractor will inform all personnel associated with the project that manatees may be present in the project area, and the need to avoid any harm to these endangered mammals. The project manager will ensure that all construction personnel know the general appearance of the species and their habit of moving aboul completely or partially submerged in shallow water. All construction personnel will be informed that they are responsible for observing water -related activities for the presence of manatees. 2. The project manager and/or the contractor will advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act and the Endangered Species Act. 3. If a manatee is seen within 100 yards of the active construction and/or dredging operation or vessel movement, all appropriate precautions will be implemented to ensure protection of the manatee. These precautions will include the immediate shutdown of moving equipment if a manatee comes within 50 feet of the operational area of the equipment. Activities will not resume until the manatee has departed the project area on its own volition (i.e., it may not be herded or harassed from the area). 4. Any collision with and/or injury to a manatee will be reported immediately. The report must be made to the U.S. Fish and Wildlife Service (ph. 919.856.4520 ext. 16), the National Marine Fisheries Service (ph. 252.728.8762), and the North Carolina Wildlife Resources Commission (ph. 252.448.1546). 5. A sign will be posted in all vessels associated with the project where it is clearly visible to the vessel operator. The sign should state: CAUTION: The endangered manatee may occur in these waters during the warmer months, primarily from June through October. Idle speed is required if operating this vessel in shallow water during these months. All equipment must be shut down if a manatee comes within 50 feet of the vessel or operating equipment. A collision with and/or injury to the manatee must be reported immediately to the U.S. Fish and Wildlife Service (919-856-4520 ext. 16), the National Marine Fisheries Service (252.728.8762), and the North Carolina Wildlife Resources Commission (252.448.1546). 6. The contractor will maintain a log detailing sightings, collisions, and/or injuries to manatees during project activities. Upon completion of the action, the project manager will prepare a report which summarizes all information on manatees encountered and submit the report to the Service's Raleigh Field Office. 7. All vessels associated with the construction project will operate at "no wake/idle" speeds at all times while in water where the draft of the vessel provides less than a four foot clearance from the bottom. All vessels will follow routes of deep water whenever possible. 8. If siltation barriers must be placed in shallow water, these barriers will be: (a) made of material in which manatees cannot become entangled; (b) secured in a manner that they cannot break free and entangle manatees; and, (c) regularly monitored to ensure that manatees have not become entangled. Barriers will be placed in a manner to allow manatees entry to or exit from essential habitat. Prepared by (rev. 06/2003): U.S. Fish and Wildlife Service Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 919/856-4520 Figure 1. The whole body of the West Indian manatee may be visible in clear water; but in the dark and muddy waters of coastal North Carolina, one normally sees only a small part of the head when the manatee raises its nose to breathe. 9TO Illustration used with the permission of the North Carolina State Museum of Natural Sciences. Source: Clark, M. K. 1987. Endangered, Threatened, and Rare Fauna of North Carolina: Part I. A re-evaluation of the mammals. Occasional Papers of the North Carolina Biological Survey 1987- 3. North Carolina State Museum of Natural Sciences. Raleigh, NC. pp. 52. Gideon Creek CAMA Major Permit PN SE: Cli Attachment 11 Adjacent Riparian Property Owner Notifications Page 16 of 19 M Ea Ln ,n �11 ni r- ru r'l 1-3 La C3 to rU C3 r- U.S. Postal Service T' CERTIFIED MAIL@ RECEIPT 0 Domestic Mail only Er I'D ru CGrdffed Mail Fee r— $ rU ra ervices & Fees (Chwkbox aOv tee Sys 1 13 PffitUM R&Wpt iftamicapy) =1 C1 Regurn Receipt (phectr rda) M El C-WKad MaJ1 RoaWtcj DeMry 5 Postmark r-3 [] AdijIt SignatureRsqurmd Here 17-3 Ej Adutt &UnatLLM Awflated Delivery $ PO$tage $ Ota I PIOU396 and 1 7 C3 $ - --- M &W -T-O u -rol . ----- ----------------- -------- - ----- ------------------ --nn--------- ------ - -o -- 5outkern E-nvirommntal Group, Inc. 55 15 South College Road, Suite r_ Wilmington, NC 284i 2 August 7, 2023 CERTIFIED MAIL -RETURN RECEIPT REQUESTED Mr. Troy Wilson 2658 Wintergreen Road Cove City, NC 28523 Re: Coastal Area Management Act ("CAMA") Major Permit Three Seas Legacy, LLC Gideon Creek Travel Lift Pamlico County, North Carolina Dear Mr. Taylor: Southern Environmental Group, Inc. (SEGi), on behalf of Three Seas Legacy, LLC (herein referred to as the "Applicant") is in the process of securing a Coastal Area Management Act ("CAMA") Major Permit, from the North Carolina Division of Coastal Management (DCM), for work that is planned to take place at 4146 Orchard Creek Road, in Pamlico County, North Carolina. As part of the CAMA Major Permit process, the Applicant is required to notify the adjacent riparian property owners of the proposed work. According to the Pamlico County GIS, the NC DOT is listed as one of the adjacent riparian property owners and is to be notified. The Applicant intends to utilize their property as a travel lift service, which will have the ability to haul larger vessels, such as commercial fishing boats and private yachts, out of the water for maintenance and/or in advance of severe storm events, such as hurricanes. At this time, this service is not available in this part of eastern North Carolina. In order to achieve this goal, work within Public Trust Waters and within the uplands, on the subject property, will need to be undertaken. That work includes removing some sunken vessels and an old unusable dock, before constructing a fixed pier and the travel lift piers, as well as regrading the existing parking lot on the west side Orchard Creek Rd. Please refer to the attached site plan for details of the proposed work. As you will see, no work is proposed to take place within the 15' riparian corridor setback, thus no action on your behalf is required. However, should you have any questions about the proposed development, please do not hesitate to contact me at (910)228-1841 or by e-mail, at dlutheran(&segi.us. If you wish to comment on the Applicant's proposed development, please email Ms. Kelly Spivey at kelly.spivey@nc.deg. og_v or Mr. Curt Weychert at curt.we, c�knc.deq.gov, or mail your comments to their office at the NC DCM, 400 Commerce Avenue, Morehead City, NC 28557. Please copy me, should that take place. Sincerely yours, Dana A. Lutheran SEGi Regulatory Specialist Enclosures (1) 150uthern rnvirommntal Group, Inc. 55 1 5 5outk College Koad, juite 1_ Wilmington, NC 2841 2 August 7, 2023 CERTIFIED MAIL -RETURN RECEIPT REQUESTED NC Department of Transportation District 2 Engineer — Mr. Robby Taylor 209 South Glenburnie Road New Bern, NC 28560 Re: Coastal Area Management Act ("CAMA") Major Permit Three Seas Legacy, LLC Gideon Creek Travel Lift Pamlico County, North Carolina Dear Mr. Taylor: Southern Environmental Group, Inc. (SEGi), on behalf of Three Seas Legacy, LLC (herein referred to as the "Applicant") is in the process of securing a Coastal Area Management Act ("CAMA") Major Permit, from the North Carolina Division of Coastal Management (DCM), for work that is planned to take place at 4146 Orchard Creek Road, in Pamlico County, North Carolina. As part of the CAMA Major Permit process, the Applicant is required to notify the adjacent riparian property owners of the proposed work. According to the Pamlico County GIS, the NC DOT is listed as one of the adjacent riparian property owners and is to be notified. The Applicant intends to utilize their property as a travel lift service, which will have the ability to haul larger vessels, such as commercial fishing boats and private yachts, out of the water for maintenance and/or in advance of severe storm events, such as hurricanes. At this time, this service is not available in this part of eastern North Carolina. In order to achieve this goal, work within Public Trust Waters and within the uplands, on the subject property, will need to be undertaken. That work includes removing some sunken vessels and an old unusable dock, before constructing a fixed pier and the travel lift piers, as well as regrading the existing parking lot on the west side Orchard Creek Rd. Minor grading work is planned to take place within the NC DOT's ROW, but it is limited to filling holes that emerged on the west side of Orchard Creek Rd. and outside of the DOT's riparian corridor. Please refer to the attached site plan for details of the proposed work. Should you have any questions about the proposed development, please do not hesitate to contact me at (910)228-1841 or by e-mail, at dlutheran(iDsegi.us. If you wish to comment on the Applicant's proposed development, please email Ms. Kelly Spivey at kelly.spiveyknc.deq.gov or Mr. Curt Weychert at curt.we, chert&nc.de ov, or mail your comments to their office at the NC DCM, 400 Commerce Avenue, Morehead City, NC 28557. Please copy me, should that take place. If after review of the plans the DOT has no objection to the proposed work, please complete the attached form and return to me via email, at your first opportunity. Sincerely yours, Dana A. Lutheran SEGi Regulatory Specialist Enclosures (2) ow z d w pJU pow O ii wwo Z~ o nma U=> oom Nmo �Np w oZw 2 -o oz " o U QZ om wY� =UQ s= OY� vw�w =ON pwz ow �7 z o °a n'z ow(D m w E Q ¢3z wpo 0 < _ _ Ian dp o pow �o< w2 Zmw �::5 oz8 U-O ZZp o w Sam U pp0 Ymz 613 o 0� ENO �o= awo °oLL \ � � WK APPROX. RIPARIAN `\ \\ `\ \ \\\ DICKSON CORRIDOR LINE \ � �\ `\ `\ \\ / \ \\\ \\ �\\ commu nit infrastructure consultants \\ \ \ \ \ \' \\ 300 N. THIRD STREET SUITE \ \\ \ 301 WILMINGTON, NC 28401 (t)910-762-420(f)910-762-42001 CREEK CL ALIGNMENT , \\\\\\\\ \\\\ \^xO0\\ \\ WWW.WKDICKSON.COM NC LICENSE NO.F-0374 1/4 OF WATERBODY �\ ` WIDTH '/ ��� `\ `\ \ \ �/ ��� ,���` \ �� ���\ \� \ \\/ `\ / + ,� b v` vs�� I ON , \\ APPROX. EDGE OF MARSH PROJECT AREA ` APPROX. MARS-Wl N L LINE \+ + \ O \ ! \ CO PROFESSIONAL SEAL ,COMPONENT A \ X p•ROPOSED WOOD DOCK )�\ \ N' \ V'\\ � + / O (6'\VIDE X 310' LONG)` _ /,\ �x� o \\ co `—\ L,XISTING WOOD DOCK ` \ , 4- �. TO BE REMOVED (10'WIDE X 195' LONG) �� — — �\\ \►\ \` I \` APPROX.50' NEUSE `� + ``. + + o \\\ X RIVER o I ;;.\� \\`� ~ \ RIPARIAN � / � ���\\\ ► I _ '' I ,__--� .- \ BUFFER LINE `. + � � ` '�.hx � � \ I `. � \• \\\ \ .\ PPROX. GE��� \ � + ` z O X APPROX. 75' EST. ► S «'_� - LU cn SHORELINE AEC LINE �`� `,, / �\'1 I 1\ - = COMF�ONENT E o l co o E,OMPONE ITT \ / - \\ APPROX. RIPARIAN LU O _ \ 1 I I `� \\ J APP OX. 50' X 10, ABA DONED VESSEL 04 EXISTING BOAT I / RAMP TO REMAINI / / CORRIDOR LINE c" U) > ". 1 RE OVAL AREAowC APPROX. 30' VEGETATED _ BUFFER LINE �..• :. '� �/- ;'�� \ ' EXISTJDdG n i ��� ' ` / \ NikL F� 60NT F P JECT AREA '. ByI�HEAD TO ` MAIN �`�T BUHEAD\ \ ADJ. RIP PROP OWNER: NC DOT DISTR. 2 A. EXISTING SHIPPING APPROXI ATE EDGE OF AVEMENT o .' AND ADJ. RIP. PROP. OWNER: BUILDING TOREIMA N • ` CENTERLINE ► i + ,. O WILSON, TROY , ` �� `": CENTERLINE OF PIER 2 EDGE OF MARSH/GIDEON CREEK NWL 7409746569000 : : - OF PIER 1 PROPERTY •� ► _ o • AREA, TYP. V. ,` :. _ •.: COMPQNE4T B" - o I o l ,ems, , ,'' '� ,' '` .� r - --- - - - - - PROPOSED CONCRETE ► _ _ _ - ► ,,, ,` •'., LU N a N TRAVEL LIFT PIER _ `SUPPORTED ON-21LEs (3' - - - - o00 -.o ,.' o a ------------ WdDEX4brLONG, EACH) cv ,. , A/ _ - z EXISTING STONED cop � •'• � � �? ?! � ss• ROAD'APPROXIMATE PAVEMENT AREA ORCHARCREEK - LIMIT , = Z FOR BOAT RAMP OF WETLANDS �,' 3 EXISTING BUILDING .� U TO REMAIN • I— i LL> N A", � �` + � � � J >'> 40' -'A, .' >� J N SITE PLAN NOTES: '` QLU 1. THE ESTIMATED AMOUNT OF BUILT UPON AREA (BUA) IS LISTED BELOW: ">►► ; ,, ! EXISTING MOS�2UITC� DITCH Q 1.1. EXISTING BUILDING: 12,304 SF �, �>41 .' A. v, W MU 1.2. EXISTING STONE PARKING- 121,611 SF ,► 1.3. EXISTING DOCK: 1,917 SF . �>�' � z 1.4. EXISTING BOAT RAMP: 457 SF PROJECT ARE '� r""� Q 1.5. TOTAL EXISTING: 136,289 SF . W ^^ W z LU 0 1.6. PROPOSED TRAVEL LIFT PIER: 1,053 SF ;' ;.' PPROX.-IMIT, A, 1..� w 10 1.7. PROPOSED STONE PARKING: 113,102 SF Of NWL W W U) - 1.8. TOTAL PROPOSED: 128,833 SF O p z - 1.9. NET DECREASE: 7,456 SF FROM GRAVEL PARING AREA 1 V 3 2. THE UNDERWATER CONTOURS ARE APPROXIMATE AND BASED ON PLANS 0 ' g BY AVOLIS ENGINEERING P.A. DATED 7/4/07. �a REGRADE STONE PROJECT AREA PARKING AREA 3. THE OWNER WILL APPLY FOR NCDEQ STORMWATER AND EROSION U) W CONTROL PERMITS PRIOR TO THE START OF THIS PROJECT. EXISTING STORASIN TO ` � INFILTRATION BASIN TO W M Q L.L 4. THERE IS NO PLANNED WORK TO NCDOT ROADS AS A PART OF THIS REMAIN _ > W W PROJECT. THE OWNER WILL SUBMIT AN NCDOT ENCROACHMENT PERMIT. °C LuU o zJ mol �£8 OVN) dlilJ �N O 0 z a U EXISTING BUA WITHIN 75' EST. SHORELINE AEC (-26,720 SF) LU OLL Q EXISTING BUILT UPON AREA ( 133,915 SF) NOTE . WSURVEY (D 0 3ENE' PROPOSED DISTURBANCE AREA (-87,110 SF) • ' t ' • •` These maps ide location information only. This is not a complete survey or GRAPHIC SCALE z \ PROJ. MGR.: TCH DESIGN BY: AA EXISTING WETLANDS enginee product. All locations, elevations, and quantities shown are based on 40 ° 20 40 S° 160 s Q DRAWN BY: AA re s from multiple sources. No guarantee is placed on the accuracy or ' - + + + + + + + + + + + + + + + + + EXISTING COASTAL WETLANDS completeness of the information. This information is provided for illustrative p PROJ. DATE: 03/20/2023 DRAWING NUMBER: m APPROX. EDGE OF MARSH / NWL LINE purposes only. ( IN FEET ) 1 inch = 40 ft. 1 U 3 1 W a () WKD PROJ. NO.: a z O 20210262.00.WL - U o� w 000E P:Uo pJU pow ao¢ zo� ww� g=w p0¢1 =No W ozw U-p oq'5 wUo �U Z co)Om wY� U Q o OY� DLL. mop zwQ oN. .0a ozz ow(D w�Q �3z o10 wDg 0 wlz w3Q V)m� =d3 �zw Y Qom w z°w :zD ozD Z U-O zp y °2W_ U�w pp0 Y�Q §=z o U OOP U O 'wo oo¢ WK DICKSON community infrastructure consultants 300 N. THIRD STREET SUITE 301 WILMINGTON, NC 28401 TRAVEL LIFT PIER 1 TRAVEL LIFT PIER 2 (t) 910-762-4200 (fl910-762-4201 WWW.WKDICKSON.COM NC LICENSE NO.F-0374 10— 5 APPROXIMATE EDGE 1/4 WIDTH OF OF CHANEL WATERBODY 45' EXISTING BULKHEAD 10 5 10 1/4 WIDTH OF 45' APPROXIMATE EDGE WATERBODY EXISTING 10 5 OF CHANEL BULKHEAD 5 0 0 0 0 _5 NORMAL WATER APPROXIMATE EX GROUND -5 _5 APPROXIMATE EX GROUND _5 -10 SURFACE -10 _10 NORMALWATER SURFACE -10 -151-15 -15 r-15 -0+50 0+00 0+50 1+00 1+50 -0+50 0+00 0+50 1+00 1+50 PROFESSIONAL SEAL m 0+50 3+50 6+00 APPROXIMATE EX GROUND 2 2 _ -80 -60 -40 -20 0 20 40 "4 "6 60 80 1/4 WIDTH OF - WATERBODY APPROXIMATE EX GROUND O 2 - APPROXIMATE EX GROUND Q -2 -4 - _ PROP WOOD -4 -6 _8 - PROP WOOD DOCK 1/4 WIDTH OF WATERBODY -6 -8 -10 - DOCK _12 -� 2 -1 -14 -200 -180 -160 -140 -120 -100 -80 -60 -40 -20 0 20 40 60 80 100 p z 1 +OO -� -160 -140 -120 -100 -80 -60 -40 -20 0 20 40 60 80 100 cr 0 U APPROXIMATE EX GROUND 0 w ❑ - -100 -80 -60 -40 -20 0 20 40 60 -6 80 7+00 O rn 4+00 w 2 cr 1/4 WIDTH OF APPROXIMATE 2 Q - APPROXIMATE EX GROUND 0 -2 1 + 5 0 - WATERBODY PROP WOOD EX GROUND -2 -4 - -8 6 - DOCK -8 1-14 APPROXIMATE EX GROUND 2 _ 12 =I -240 -220 -200 _ 180 _ 160 _ 140 _ 120 _ 100 _ 80 _ 60 _ 40 -20 0 20 40 60 80 100 120 -12 w w _ -4 _A9E -160 -140 -120 -100 -80 -60 -40 -20 0 20 40 60 80 cc °C -cc -120 -100 -80 -60 -40 -20 0 20 40 60 80 100 s 120 Ow w 8+00 `� r 2+00 4+50 pAPPROXIMATE N LU APPROXIMATE EX GROUND 2 O WIDTH OF APPROXIMATE 2 0 - - EX GROUND _2 -4 � Q ❑ - -2 _ WATERBODY EX GROUND -4 - -$ O - -8 W1/4 - RPROPWOOD -8 -12 bz -140 -120 -100 -80 -60 -40 -20 0 20 40 60 80 100 -10 -� 1 -14 =� -12 - 00 -180 -160 -140 -120 -100 -80 -60 -40 -20 0 20 40 60 80 100 120 K -140 -120 -100 -80 -60 -40 -20 0 20 -16 40 60 80 a b Z 2 50 9+00 - APPROXIMATE EX GROUND 2 5+00 0 Q _ _ _4 - _6 2 _ _ =H APPROXIMATE EX GROUND -2 -4 O LL - -8 -10 APPROXIMATE EX GROUND 0 -2 _4 - 11 Elm _6 _g -10 _ O -140 -120 -100 -80 -60 -40 -20 0 20 40 60 80 100 120 4 - _ 1/4 WIDTH OF _8 1- 00 -180 -160 -140 -120 -100 -80 -60 -40 -20 0 20 40 60 80 100 120 140 12 u— PROP WOOD WATERBODY -10 J DOCK I -12 -14 W a -200 -180 -160 -140 -120 -100 -80 -60 -40 -20 0 20 40 60 80 100 16 W z o o V J Q U 3+00 10+00 6 - -2 J Q Z � 4 2 5+50 APPROXIMATE % 1/4 WIDTH OF APPROXIMATE EX GROUND o _ - PROP CONCRETE TRAVEL LIFT PIER WATERBODY -4 APPROXIMATE EX GROUND 2 0 =� -10 -12 14 W z - -$ -10 _ - =6 - 00 -180 -160 -140 -120 -100 -80 -60 -40 -20 0 20 40 60 80 100 120 140 160 W W W - -14 -16 - _1/4 WIDTH OF IMPROIWOC D WATERBODY 8 10-200 � O -180 -160 -140 -120 -100 -80 -60 -40 -20 0 20 40 60 80 100 16 _K -14O 7 z 00 -180 -160 -140 -120 -100 -80 -60 -40 -20 0 20 40 60 80 100 � U W O z U 11 +00 w Q O w o a - APPROXIMATE EX GROUND o -2 � / � W � L) N - 6 � 3a - -8 w cl: Q - -10 _ _ W U -240 -220 -200 -180 -160 -140 -120 -100 -80 -60 -40 -20 0 20 40 60 80 100 120 140 160 -14 W °C �U bi o zJ p V O ) D Z a V/ I �/ �= O a Q 0 U 0 Z 3 PROJ. MGR.: TCH DESIGN BY: AA Q DRAWN BY: KS GIDEON CREEK CENTERLINE CROSS SECTIONS PROJ. DATE: 09/06/2023 w DRAWING NUMBER: C2 w a CU WKD PROJ. NO.: z a O 20210262.00.WL w CU N.C. DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION (MINOR PERMIT) CERTIFIED MAIL, RETURN RECEIPT REQUESTED or HAND DELIVERED 8/7/23 Date NC Department of Transportation Name of Adjacent Riparian Property Owner 209 South Glenburnie Road Address New Bern, NC 28560 City, State Zip To Whom It May Concern: This correspondence is to notify you, as a riparian property owner, that Three Seas Legacy, LLC is applying for a CAMA Major Permit, to undertake development activities, as described in the certified letter, to which this form was attached, and illustrated on site plan that was also enclosed with the letter , on my property at 4146 Orchard Creek Road , in Pamlico County, which is adjacent to property listed as being owned by the NC Department of Transportation . If you have no objections to the proposed activity, please initial the appropriate statement below, complete the form and return to me at dlutheransegi.us, at your earliest opportunity. No response from you, within 30 days, will be considered as no objection to the proposed project. Sincerely, Dana Lutheran for Three Seas Legacy, LLC Property Owner's Name (910)228.1841 Telephone Number I have no objection to the project described in this correspondence. I have objection(s) to the project described in this correspondence. Adjacent Riparian Signature Print or Type Name Comments: Date Telephone Number / Email Address Gideon Creek CAMA Major Permit PN SE: Cli Attachment 12 DWR Pre -Filing Request Page 17 of 19 From: dlutheranCaseai.us To: "401Pre File(cncdenr.gov" Subject: Gideon Creek Travel Lift Date: Monday, April 3, 2023 2:25:00 PM Project Name: Gideon Creek Travel Lift CAMA Major Applicant Name: Three Seas Legacy, LLC Address: 4146 Orchard Creek Road, Oriental, Craven County Consultant: SEGi — Dana Lutheran (910.228.1841) Project Description: Water dependent structures over tidal waters, at the old Fulcher's Seafood site. No dredging, but derelict vessel removal will take place. jouthern E-nvironmental GOOF, Inc. 5515 J`outh College Road, Suite )_ Wilmington, NC 2841 2 rhone: )10.452.271 1 M06ile:910.228.1841 (Preferred) www.segi.us Gideon Creek CAMA Major Permit PN Sr: Cli Attachment 13 Gideon Creek Bathymetric Survey ESP Associates, Inc. Page 18 of 19 D ,9 0 N N/F ' GRAY LINDA MILLS L/E 7409832396000 / DB 586 PG 111/ / / / / / / / / / / / N/F / MILLS LINDA P / 7409852773000 DB 262 PG 524 0 0 NO SURVEY AREA (see notes) HAZARD AREA (see notes) (5'\ \s ESP ASSOCIATES, INC 211 Racine Drive, Suite 101 Wilmington, North Carolina 28403 (910) 313-6648 / www.espassociates.com / License # F-1407 PAMLICO COUNTY NORTH CAROLINA I, RICHARD PINKHAM, CERTIFY THAT THIS EXISTING CONDITION SURVEY WAS117IELD LOCATED AND DRAWN UNDER MY DIRECT SUPERVISION; THE SUBJECT PARCELS ARE REFERENCED IN THE PAMLICO COUNTY REGISTER OF DEEDS IN DEED BOOK 575, PAGE 511; THAT NO PARCEL BOUNDARIES WERE SURVEYED; THAT THIS SURVEY DOES NOT MEET NCGS 47-30 STANDARDS AND IS NOT INTENDED FOR RECORDATION. PRELIMINARY N.C. PROFESSIONAL SURVEYOR L-4646 0 —6 ° M i SURVEY AREA 492,684,21 SFT a ° ° 5:) O "S NOTES: 1. The depicted survey was obtained from an actual field survey completed JAN 24, 2023 2. All distances and coordinates are NC State Plane (FIPS 3200) values. 3. Reference Deed Book 575 Page 511. Survey basis of bearing per INC VRS network using Trimble R10-2 GNSS dual frequency receivers. 4. This survey was executed without the benefit of a full title report and is subject to any easements, Right -of -Ways or encumbrances a full title report may reveal. All depicted parcels per GIS download. 5. Depicted vertical datum NAVD 88 6. Sonar single beam observations were acquired by a Sea Floor Systems sonar mite and Trimble Model R10-2 dual frequency GPS receiver. 7. "HAZARD AREA" due to unstable structure and multiple submerged hazards. Contours and DTM points within hatched area have been interpolated. 8. "No Survey Area" - insufficient data for accurate interpolation due to barge tied to dock and multiple submerged hazards. N 40 0 -'�L-viv URttK VICINITY MAP NOT TO SCALE VERTICAL DATUM NAVD88 0' NAD83/NSRS 2011/NAVD 1988 NORTH CAROLINA GRID GRAPHIC SCALE 60 0 30 60 ( IN FEET ) 1 inch = 60 ff. U rl SHEET 1 OF 1 EXISTING CONDITION SURVEY FOR: ANDREW CONSULTING ENGINEERS 4146 ORCHARD CREEK RD PAMLICO, NORTH CAROLINA PAMLICO COUNTY JAN 13, 2023 / SCALE 1" = 60' Gideon Creek CAMA Major Permit PN SE: Cli Attachment 14 Email Correspondence with Mr. Ray Bennett — Pamlico Co. Planning and Zoning Page 19 of 19 From: Ray Bennett To: dlutheran(c seai.us Subject: RE: Old Gideon Creek Marina (Travel Lift) Project - Oriental Date: Friday, January 20, 2023 2:14:22 PM Dana, I'm sorry for the delayed response it has been a little crazy here the last week or so. I passed the information along to the attorney about the marina. In his opinion it will not need to be upgraded to the Land Use Plan requirements. With the understanding that this marina will only be used by the Three Sea's Legacy firm (Chris Fulcher) and staff. I would like to confirm this when a full permit proposal has been submitted to all the other agencies as well. Reguards, Ray Bennett Chief Building Inspector Planning Board / Subdivision Administrator 252-745-3861 From: dlutheran(@segi.us Sent: Friday, January 13, 2023 8:20 AM To: Ray Bennett Subject: RE: Old Gideon Creek Marina (Travel Lift) Project - Oriental CAUTION: This email originated from outside of Pamlico County. Do not click links or open attachments unless you recognize the sender and know the contact and content is safe. Thank you, Ray. Have a great weekend. Dana Southern Lnvironmental Goup, Inc. 53 1 5 50uth College Road, Suite L Wilmington, NC 2841 2 Phone: 9 1 0.452.27 1 1 Mobile:910.228.1811 (Preferred) www From: Ray Bennett <ray.bennett@pamlicocounty.org> Sent: Friday, January 13, 2023 7:33 AM To: dlutheran@segi.us Subject: RE: Old Gideon Creek Marina (Travel Lift) Project - Oriental Dana, Thanks for that information I will pass it along to the county attorney for a opinion. Ray Bennett Chief Building Inspector Planning Board / Subdivision Administrator 252-745-3861 From: dlutheranPsegi.us Sent: Thursday, January 12, 2023 4:52 PM To: Ray Bennett Subject: RE: Old Gideon Creek Marina (Travel Lift) Project - Oriental CAUTION: This email originated from outside of Pamlico County. Do not click links or open attachments unless you recognize the sender and know the contact and content is safe. Ray, We have not redesigned the existing dock yet, as we are waiting on bathymetric surveying to take place. That dock may not be replaced. If it is, it will only be used to dock boats that are waiting to be hauled out. There will be no overnight docking and there is no intention to use the site as a traditional marina. The county's decision on how they are going to regulate the project determines how we will move forward. Feel free to call (910.228.1841) Dana Southern F nvironmental 6.up, Inc. 5515 South College Koacl, Suite E Wilmington, NC 2811 2 Phone: % 1 0.152.27 1 1 Mokile:910.228.1841 (Preferred) www From: Ray Bennett <ray.ben nettPpamIicocounty.org> Sent: Wednesday, January 4, 2023 12:16 PM To: dlutheran(@segi.us Subject: RE: Old Gideon Creek Marina (Travel Lift) Project - Oriental Ok, let me know it will help determine how we look at the project. Ray Bennett Chief Building Inspector Planning Board / Subdivision Administrator 252-745-3861 From: dlutheranPsegi.us Sent: Wednesday, January 4, 2023 11:51 AM To: Ray Bennett Subject: RE: Old Gideon Creek Marina (Travel Lift) Project - Oriental CAUTION: This email originated from outside of Pamlico County. Do not click links or open attachments unless you recognize the sender and know the contact and content is safe. I don't think there will be more than 10, but it will depend on how they reconfigure the existing dock, which is needed to meet the DCM's'/4 width of the waterbody rule. The reconfiguration will depend on the water depths. We expect to be getting that data around the 18tn Southern L_nvironmental Goup, Inc. 5515 South College 1Zoad, Suite E Wilmington, NC 28+1 2 hone: % 1 0.-+52.271 1 Mokile: i 1 0.228. 1 8+1 (Preferred) www.seg From: Ray Bennett <ray.bennettPpamlicocounty.org> Sent: Wednesday, January 4, 2023 11:34 AM To: dlutheran(@segi.us Subject: RE: Old Gideon Creek Marina (Travel Lift) Project - Oriental Dana, Do you know exactly how may slips will be available at the marina now? Ray Bennett Chief Building Inspector Planning Board / Subdivision Administrator 252-745-3861 From: dlutheran(@segi.us Sent: Wednesday, January 4, 2023 11:11 AM To: Ray Bennett Subject: RE: Old Gideon Creek Marina (Travel Lift) Project - Oriental CAUTION: This email originated from outside of Pamlico County. Do not click links or open attachments unless you recognize the sender and know the contact and content is safe. Thank you, Ray. I'll look forward to hearing from you, but please note the proposed project does not include any long term boat storage. When boats/vessels are hauled out, they will be moved to other locations, for storage or maintenance work. Southern L_nvironmental Goup, Inc. 5515 South College 1Zoad, Suite E Wilmington, NC 2841 2 hone: i 0.452.271 1 Mokile: 10.228.18+1 (Preferred) www.segws From: Ray Bennett <ray.bennettPpamlicocounty.org> Sent: Wednesday, January 4, 2023 10:52 AM To: dlutheran(@segi.us Subject: RE: Old Gideon Creek Marina (Travel Lift) Project - Oriental Dana, I haven't heard back from the county attorney yet. I reached back out today so hopefully I will hear something in the next day or so. I'm sure that with a dry stack facility it will need to meet all new building codes and fire requirements. Ray Bennett Chief Building Inspector Planning Board / Subdivision Administrator 252-745-3861 From: dlutheran(@segi.us Sent: Wednesday, January 4, 2023 10:23 AM To: Ray Bennett Subject: Old Gideon Creek Marina (Travel Lift) Project - Oriental CAUTION: This email originated from outside of Pamlico County. Do not click links or open attachments unless you recognize the sender and know the contact and content is safe. Hello, Ray. I hope you had a nice Christmas and 2023 is off to a good start. During our 12/19 scoping meeting, you said you needed to check with the land planner and county attorney, to see if they thought the proposed project would require bathrooms, parking, dry fire hydrants and other accessories that would normally be required with a marina or dry stack, boat storage facility. Have you had an opportunity to look into that? Many thanks, and I look forward to hearing from you. Dana J`" outhern Environmental Goup, Inc. 5 515 South College }toad, Suite E- Wilmington, NC 284 i 2. Phone: 9 1 0.+52.271 1 Mo6ile:910.228.18+1 (Preferred) www.segi.us LW-1 Virus-free.www.avast.com AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: Three Seas Legacy, LLC Mailing Address: Phone Number: Email Address: PO Box 250 Oriental, NC 28571 252-249-0123 seafood@fulchersnc.net certify that I have authorized Southern Environmental Group Inc. (SEGi) , Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: repair/replace fixed dock, install two (2) concrete travel lift piers, regrade stone parking area and perform maintenance on stormwater BMPs at my property located at 4146 Orchard Creek Road, Oriental in Pamlico County. / furthermore certify that / am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: l /f�«/urC� C.lilnov Q wl�LiP2 Signatures —` �IktQLIPy�ki �'lC6'C '�ul-c�-lrt' Print or Type Name Title _1110- / / / /I /Z& Date This certification is valid through until the/required pjermits have been secured CAMA PERMIT APPLIED FOR PROJECT: Installation of a travel lift and staging pier with 10 non -formalized boat slips, and the grading of an existing gravel parking lot. COMMENTS ACCEPTED THROUGH 11-15--2023 APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Three Seas Legacy, LLC Jessica Thomas - DCM c/o Southern Environmental Group, 943 Washington Square Mall Inc. (SEGi) Washington, NC 27889 101 South Street ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director The Sun Journal 4901 US Hwy 17 South New Bern, NC 28562 NORTH CAROLINA Environmental Quality October 17, 2023 Attention: Legal Advertising Department Please include the enclosed Notice of Filing in the Public Notice section of the 19 October 2023 edition of your newspaper. If it will not be possible to include this notice in that edition, or if you should have any questions about this notice, please call me as soon as possible at 948-3820. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to: Thank you. Sincerely, Tabitha Fulford, Administrative Assistant II Division of Environmental Quality Division of Coastal Management ATTACHMENT Cc: File D North Carolina Department of Environmental Quality I Division of Coastal Management EQ �� Washington Office 1943 Washington Square Mall I Washington, North Carolina 27889 NORTH CAROLINA _r Department of Environmental Duality 252.946.6481 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by N.C.G.S. 113A-119(b) that an application for a development permit in an Area of Environmental Concern as designated under the Coastal Area Management Act (CAMA) was received on 16 October 2023. According to application submitted by Three Seas Legacy, LLC for installation of a travel lift and staging pier with 10 non -formalized boat slips, and the grading of an existing gravel parking lot. A copy of the entire application may be examined or copied at the office of Kelly Spivey, District Manager, Washington Regional Office, 943 Washington Square Mall, Washington, NC, during normal business hours. Public comments received by 9 November 2023 will be considered. Later comments will be accepted and considered up to the time of permit decision. Project modifications may occur based on further review and comments. Notice of the permit decision in this matter will be provided upon written request. Kelly Spivey Washington District Manager NC Division of Coastal Management 943 Washington Square Mall Washington, North Carolina 27889 (252) 948-3851 Please publish on: 19 October 2023 ■ Complete items 1; 2, and 3. IN Print your name and address on the reverse so that we can return the card to you. in Attach this card to the back of the mailplece, or on the front if space permits. 1. Article Addressed to: 2-0 a � .ale-n6Lky" e- l?� 111111111111111111111111111111111111111111111 9590 9402 7469 2055 5556 54 2. Article Number (Transfer from service label) 0 0640 0000 2726 6590 PS Form 3811, July 2020 PSN 7530-02-000-9053 ■ Complete items 1, 2, and 3. 0 Print your name and address on the reverse so tgdtwe can return the card to you. I In Attach this card to the back of the mailplece, I or on the front if space permits. 1. Article Addressed to: Illllllll1111IIII111111I I111111111IT 11111111 9590 9402 7469 2055 5556 61 2. Article Number (Transfer from service fabe# 7020 0640 0000 2726 6583 aS Form 3811, July 2020 PSN 7530-02-000-9053 A. 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