20241398 Ver 1_CAMA Application_20241011

DIVISION OF COASTAL MANAGEMENT
Fnviranmenra! FIELD INVESTIGATION REPORT
QG<)Ilty
1. APPLICANT'S NAME: City of New Bern - Parks & Recreation
2. LOCATION OF PROJECT SITE: 400 East Front Street New Bern, NC 28563
Longitude:77.03495 Latitude:35.10763
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE:
Date of Visit
Purpose of Visit
Applicant Present?
9/29/2024
Site Visit For Major Permit
No
5. PROCESSING PROCEDURE -
Application Received
Application Complete
Regional Office
9/6/2024
9/30/2024
1 DCM - Morehead City Regional Office
6. SITE DESCRIPTION:
(A) Local Land Use Plan: City of New Bern
Land Classification from LUP: Land Classification From LUPs
(B) AEC(s) Involved: Coastal Shoreline, Estuarine Shoreline, Public Trust Shoreline,
Coastal Wetlands, Estuarine Waters
(C) Water Dependent: Yes
(D) Intended Use: Public/Government
(E) Wastewater Treatment:
Existing: N/A
Planned: N/A
(F) Type of Structures:
Existing: Bulkhead(concrete), Boardwalk
Planned: Pier \"T\" head
(G) Estimated Annual Rate of Erosion:
Erosion Information Source: Annual Erosion Source
7. HABITAT DESCRIPTION:
DREDGED (ft)
FILLED (ft)
OTHER (ft)
A Open Water
0
0
0
CW's above NHW
0
0
0
C CW's below NHW
0
0
0
Shallow Bottom
0
0
3596
High Ground
0
0
0
Non -Coastal WL
0
0
0
(E) Total Area Disturbed: 3596 W
(F) Primary Nursery Area: No
(G) Water Classification: SW: Swamp Waters; SC: Aquatic Life, Secondary Contact
Recreation, Tidal Salt Water; NSW: Nutrient Sensitive Waters
Open to Shellfishing: No
Field Investigation Report: City of New Bern - Parks & Recreation
DCM Major Permit
Page 11

8. PROJECT SUMMARY:
The proposed development is to add a pier, one large platform, and two large finger piers in
downtown New Bern.
9. NARRATIVE DESCRIPTION:
The project site is located at two parcels in the City of New Bern (Parcels 8-002-A-234 and 8-
002-13-240) on East Front Street in New Bern NC 28563 in Craven County. Parcel 8-002-A-
234 is 0.375 acres and Parcel 8-002-13-240 is 1.33 acres and are on the Neuse River with
approximately 530 linear feet of shoreline. The City of New Bern has both parcels zones as C2
Commerical waterfront district. The property is currently developed with a concrete bulkhead
and 10' wide concrete and paver pedestrian walkway. The upland vegetation is lawn grasses.
There is no coastal wetland vegetation present. The waters of the Neuse River are classified as
SC, Sw, and NSW waters. This waterbody is not a finfish/primary nursery area and is closed to
shellfish harvest.
10. PROJECT DESCRIPTION:
The City of New Bern is proposing a I Fx200' pier with a 31'x16' platform and two 9'x50'
finger piers. The City of New Berns Purpose and Need Statement that is provided with the
application state that to allow people the access to fish and utilize the resource, over crowding
and safety is their justification for why they are proposing such a large pier.
11. ANTICIPATED IMPACTS:
Currently the property does not have any existing docking structures, but the new docking
structure will comprise of a total shading impact of 3,596 square feet of shallow bottom habitat.
There are no slips authorized for this development. The proposed pier may have some potential
to increase suspended sediments and turbidity but should be temporary during construction. The
proposed pier and platforms should not interfere with navigation and would remain outside the
15' riparian setback.
Name: Richard Mahoney Date: 10-09-2024 Office: DCM - Morehead City Regional Office
Field Investigation Report: City of New Bern - Parks & Recreation
DCM Major Permit
Page 12

Permit Application Report
Application ID
Application Type
Submitted
App Complete
Deadline
Decision
Expiration
PA-1497
DCM Major Permit
09-06-2024
09-30-2024
Primary Applicant Information
Applicant Type
Title
Business Name
Name
Email
Business Phone
Mobile
Phone
Business/Company
City of New Bern -
City of New Bern
[e-mail]
252-639-2902
252-286-
Parks &
- Parks &
4496
Recreation
Recreation
Physical Address
Mailing Address
Street 1
City
State
Zip
Street 1
City
State
Zip
1307 Country Club
New Bern
North
28562
PO Box 1129
New Bern
North
28563
Road
Carolina
Carolina
Registered Agent Information
Agent Type
Title
Business Name
Name
Email
Business Phone
Mobile Phone
Physical Address
Mailing Address
Street 1
City
State
Zip
Street 1
City
State
Zip
Project Information
Project Name
Project Type
Disturbed Land Area (Sq Ft/Acres)
Broad Street Pier
Public/Government
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
400 East Front Street New
Bern, NC 28563
Craven
Neuse
8-002-A-234
35.10763
77.03495
Project Discharges to State Waters
Discharge Type
Surface
Runoff
Sanitary
Wastewater
Industry/Commercial
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:
10' pedestrian walkway
Existing Land Uses:
upen greenspace Tor recreational uses and prior Neuse River Bridge landing.
Existing Wastewater Treatment/Disposal:
Utility - 12" Force Main, 12" Sanitary Sewer, Lift Station
Solid Waste/Fish Offal/Trash Disposal:
Solid waste refuge provided by the City
Use and Daily Operations of the Project When Complete
Proposed Development Purpose:
The purpose of this development is for public recreational use and community health (i.e. fishing, walking, socializing, nature
observation). The pier and surrounding property will be maintained by the City of New Bern. We will also continue to provide solid
waste refuge daily.

Buildings/Facilities/Units/Structures:
T shaped pier approximately 220' long and 12' wide with 36" and 42" high handrailing. The T at the pier end will be a 20' x 30'
platform and two (2) 50' piers from adjacent sides.
Use & Daily Operations:
Daily recreational use and maintenance provided by the City of New Bern.
Construction Methodology & Equipment:
Typical wood and concrete slat pier construction. Equipment will be floating marine pile driver.
Development Activities Narrative Specifics:
Application Narrative:
The City of New Bern wishes to construct a fishing pier off Broad Street at the
intersection of East Front Street. The pier will be approximately 220' long and
12' wide with 36" to 42" high handrailing to accommodate ADA requirements.
Additionally, there will be a T at the pier end with a 20' x 30' platform and
two (2) 50' piers from adjacent sides. Support piles installed approximately
every 8 feet on each side of the structure and driven approximately 10 feet
deep. The project must comply with the specifications below and within
engineered drawings.
* Concrete Panels (Precast Pier Panels - 5x8, 4x10 - 0.375 slots).
* Install girders (4x10 ground contact) along pier with (2) 3/4" hot galvanized
carriage bolts per piling.
* Install framing, decking, handrail post, and handrails along board walk per
drawings.
* Install 4"x6" treated lumber around all 4 sides of the end platform.
* All decking and handrails have to be fastened with screws.
* All visible lumber shall be No. 1 Southern Yellow Pine pressure treated for
brackish/freshwater environment.
* All structural lumber may be No. 2 Southern Yellow Pine treated for ground
contact.
* All bolts, nuts, washers, and brackets to be hot dipped galvanized or
stainless steel.
* Use 5/8" timber bolts to hold down concrete panels.
* Piling spacing must be 8' O.C.
* Pilings installed down the middle of the main walkway, finger piers, and end
platform.
* Pile diameters must be 8" - 10" as the plan specifies.
* Piling depth must be 10'.
* Handrail height must be 36" or 42" as specified by plan to accommodate ADA.
Boat Ramp Development Activity Included: False
Boat Ramp Dimensions
Length Width Avg Existing Depth I Final Project Depth I Distance Waterward of NHW/NWL
Will Fill Material Be Placed In Any Of The Following Areas
Area
Sq. Ft. Affected
Purpose of Fill in This Area
Coastal Wetland/Marsh (CW)
Submerged Aquatic Vegetation (SAV)
Shell Bottom (SB)
Other Non -Coastal Wetlands (WL)
Boat Ramp Structures
Structure Type Length I Width Quantity

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
Public/Government
0
0
0
Piers & Docking Facility Structures
Structure Type
Length
Width
Quantity
Fixed Piers
200
11
1
Fixed Platforms
16
31
1
Fixed Finger Piers
50
9
1
Fixed Finger Piers
50
9
1
Freestanding Moorings & Buoys Associated With This Docking Facility
Structures Consistent With Water Use Plan Existing Freestanding Moorings & Buoys Slips New Freestanding Moorings & Buoys Slips
False
Buoy Details:
Moorings & Buoys Details
Mooring or Buoy Distance From Shoreline I Arc of Swing Water Depth
Excavation Development Activity Included: False
Bridges & Culverts Development Activity Included: False
Oceanfront Erosion Control Development Activity Included: False
Temporary Structures Development Activity Included: False
Utility Crossings Development Activity Included: False

Freestanding Moorings, Buoys & Bird Nesting Poles Development Activity Included: False
Log Removal/Marine Debris Development Activity Included: Yes/No
Navigational Aids Development Activity Included: False
Other Fill Below Water Level Development Activity Included: False
Stormwater Structures Development Activity Included: False
"Upland Development" Development Activity Included: False
Energy Facilities Development Activity Included: False
Aquaculture Development Activity Included: False
Submerged Lands Mining Development Activity Included: False
General Development Activity Details Required
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) I Typical Boat Length I Other Boat Type (Describe)

Other 1 0
Adj Riparian Property Line #1 (Proximity of
Structure Nearest to Property Line)
Adj Riparian Property Line #2 (Proximity of
Structure Nearest to Property Line)
Adj Riparian Property Line #3 (Proximity of
Structure Nearest to Property Line)
Width of Water Body
Water Depth @ Waterward End of
Structure (NLW or NWL)
Water Depth @ Most Landward
Boat Slip (NLW or NWL)
Water Depth @ Most Waterward
Boat Slip (NLW or NWL)
5030
9
1 6.1
9.6
Navigational
Aids Required
Number of
Buoys
Number of Day
Markers
Min Distance of Each Aid Placed
Beyond Shoreline
Max Distance of Each Aid Placed
Beyond Shoreline
False
Marina Development Activity Details Required
Acknowledgements
D9 I understand that any permit issued in response to this application will allow only the
development described in the application. The project will be subject to the conditions and
restrictions contained in the permit
® 1 certify that I am authorized to grant, and do in fact grant permission to representatives of
state and federal review agencies to enter on the aforementioned lands in connection with
evaluating information related to this permit application and follow-up monitoring of the
project
® 1 further certify that the information provided in this application is truthful to the best of my
knowledge
® 1 certify that by clicking the submit button on this NC Division of Coastal Management
application I acknowledge that I am signing and dating the application submitted therein

Broad Street Pier Project
Purpose and Need Statement
The purpose of this project is to construct a large recreational fishing pier along the Neuse River to
meet the growing demand for public access to recreational fishing and otherwaterfront activities.
The proposed pier will address the significant need for expanded outdoor recreational
opportunities in the area, specifically for residents and visitors who currently use the Riverwalk.
While the Riverwalk serves as a scenic spot for walking, jogging, and general leisure, it is not
designed or equipped to safely accommodate fishing activities. In fact, fishing is prohibited along
the Riverwalk. This often leads to conflicts among users and limited access for those who wish to
engage in traditional coastal pastimes like fishing and crabbing.
New Bern has a deep maritime history and a strong connection to its rivers. In the 19" and 20"
centuries, the river was filled with fishing boats and nets. The Neuse was a resource for
boatbuilding and New Bern had one of the largest fish markets in the state. The Neuse River has
been a popular fishing destination for generations, yet there are currently no public fishing piers
along the Neuse River in New Bern. This lack of infrastructure means that residents and visitors
without boats are unable to access the river for recreational fishing. And it drives residents, visitors,
and waterfront enthusiasts to other communities to find what they're looking for. As a result, the
community has supported the City's plans for a designated space where people can fish and enjoy
the river views safely and sustainably. A larger pier would provide ample space without
overcrowding, allowing for safe, organized access for everyone.
The Riverwalk currently draws a large number of residents and visitors, with hundreds of people
using the path each week. However, due to space limitations and the lack of facilities specifically
designed for fishing, anglers often struggle to find safe, appropriate areas to pursue their activities.
A large fishing pier will relieve this pressure and offer a dedicated space that supports recreational
activities, presents educational opportunities to learn about New Bern's maritime history, provides
a platform for environmental awareness of the river ecosystem, reduces overcrowding, and
enhances safety for all users.
Additionally, the proposed pier would provide a valuable resource for promoting North Carolina
Wildlife Fishing Rules and Regulations. With appropriate signage and educational outreach, the
pier will help foster responsible fishing practices and conservation of the river's aquatic resources.
This initiative will not only serve residents but also attract visitors to the area, supporting tourism
and local businesses. The project will be fully ADA compliant and create an attractive product of
universal design.
In conclusion, this project is essential to meet the recreational needs of our growing population
and the growing number of tourists who visit New Bern looking for ways to connect with the river. It
will ensure sustainable and safe access to the Neuse River for fishermen and serve as an inclusive,
multipurpose space that encourages health and well-being through outdoor and physical
recreation and enhances the community's connection to the river and its waterfront history.
The proposed size of the Broad Street Pier is approximately 12' wide x 220' long. Below is a list of
regional piers by comparison:
• Newport River Pier located at 301 Hwy 70 in Morehead City is 575' long and varies in widths
of 8', 12', 16' and 32'.
• Camp Sea Gull Pier/Dock located at 218 Sea Gull Landing in Arapahoe is 15' wide x 960'
long.

Broad Street Pier Project
Purpose and Need Statement
• Camp Seafarer Pier/Dock located at 2744 Seafarer Road in Arapahoe is 10' wide x 650'
long.

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N.C. DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM
CERTIFIED MAIL - RETURN RECEIPT REQUESTED or HAND DELIVERY
(Top portion to be completed by owner or their agent)
Name of Property Owner: City of New Bern
Address of Property: Hwy 17 at East Front Street (Broad Street Terminus)
Mailing Address of Owner: PO Box 1129, New Bern, NC 28563
Owner's email: [e-mail] Owner's Phone#: [phone]
Agent's Name: Kari Warren
Agent's Email: [e-mail]
Agent Phone#:[phone]
ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION
(Bottom portion to be completed by the Adjacent Property Owner)
I hereby certify that I own property adjacent to the above referenced property. The individual applying for this
permit has described to me, as shown on the attached drawing, the development they are proposing. A
description or drawina. with dimensions. must be provided with this letter.
x I DO NOT have objections to this proposal. I DO have objections to this proposal.
If you have objections to what is being proposed, you must notify the N.C. Division of Coastal
Management (DCM) in writing within 10 days of receipt of this notice. Correspondence should be
mailed to 401 S. Griffin St., Ste. 300, Elizabeth City, NC, 27909. DCM representatives can also be
contacted at [phone]. No response is considered the same as no objection if you have been
notified by Certified Mail.
WAIVER SECTION
I understand that any proposed pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or
groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me
(this does not apply to bulkheads or riprap revetments). (If you wish to waive the setback, you must sign
the appropriate blank below.)
I DO wish to waive some/all of the 15' setback
Signature of Adjacent Riparian Property Owner
-OR-
I do not wA to Waive t ie 15'„sejback requirement (initial the blank)
Signature Adjacent Riparian Property Owner: a&&41�rL
Typed/Printed name of ARPO: John Haroldson
Mailing Address of ARPO: P. O. Box 1169, New Bern, NC 28563
ARPO's email: [e-mail] ARPO's Phone#: [phone]
Date: 9/17/24
*waiver is valid for up to one year from ARPO's Signature*
Revised July 2021

TIPS FOR ADJACENT RIPARIAN OWNER NOTIFICATION & WAIVER FORMS
CAMA Regulations require notice of proposed development to the Adjacent Riparian Property Owners (15A
NCAC 7J.0204(b)(5)). Proof of actual notice (a sign -off by the owner on this form) or certified mail return
receipts (showing delivery of notice) are needed.
The purpose of this notice is to make adjacent riparian property owners aware of the proposed development
so that they have an opportunity to provide comments (or potentially object to) the proposed development,
and to give DCM an opportunity to consider these comments/objections before a permit decision is made.
"Permission" of adjacent property owners is not necessarily required for DCM to issue a permit; however,
permission must be obtained for certain types of proposed developments if they fall within a 15' setback area
along the riparian access area of the adjacent property, as determined solely by DCM. It is in the applicant's
best interest to provide comprehensive and accurate notice so that any concerns or objections can be
resolved early in the permit review process. In addition, if the adjacent riparian property owner appeals the
permit decision, insufficient notice could be a basis for granting such an appeal.
Who is an Adjacent Riparian Property Owner?
What is Adjacent? (Note: DCM reads this broadly to ensure comment by potentially impacted neighbors)
• A property that shares a boundary line with the site of proposed development; AND
• A property that fronts a natural or manmade waterbody that is connected to coastal waters and
can support some form of navigation, even a kayak or canoe, including a common canal system
or a manmade basin.
• Easement holders? Yes, if the easement could be impacted by the proposed development.
• Streets/Roads? Only if the street/road could be impacted by the proposed development. This
might include street -ends which might be used for parking and beach access.
• Holders of recognized submerged lands claims/shellfish franchises.
What is Riparian?
Do the boundaries of the adjacent property legally intersect with the water at mean high tide? If there is a
question about whether an adjacent property is considered "riparian," please reach out to DCM Staff -
especially on the oceanfront beach where there may be undeveloped parcels on the beach or in the water.
Who/What is a Property Owner?
For private individuals (or families), send notice to the address listed on the tax card. If the property is owned
by an Inc. or LLC, please send notice to the person listed as the registered agent on the NC Secretary of
State's Corporations Look Up site: httr)s://www.sosnc.gov/search/index/corp. For Condominiums or
neighborhoods with an owners' association (HOA/POA), send notice to the association (which is usually a
corporation, for which you send notice to its registered agent).
What is Notice, and how do I ensure it is received?
• You can meet with your adjacent property owner, provide a description or drawing of the
proposed development, and ask them to sign this form and return it to DCM; OR
• You can hand -deliver this form and a description or drawing, and ask your neighbor to return it to
DCM (consider providing them with a stamped envelope); OR
• You can mail this form by USPS Certified Mail, return receipt requested (the Green Card). If you
choose this option, you must provide either the signed & returned green card OR track the
certified mail package number on USPS.GOV's online tracking system, and provide the tracking
print-out as proof of delivery to DCM
If you have any questions about this process, please reach out to DCM Staff and DCM Legal Counsel
and we will work to answer your questions.
Revised July 2021

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Broad Street Pier Project
Site Description
The NC Division of Water Resources has classified the water for this section (from Streets Ferry to a
line across Neuse River from Johnson Point to McCotter Point) of the Neuse River as SC;Sw,NSW.
This area is permanently closed for shellfish harvesting bythe Department of Environment and
Natural Resources' Shellfish Sanitation and Recreational Water Quality Section. The shoreline of
the project site (Lots 8-002-A-234; 8-002-B-240) measures approximately 275 linearfeet along the
Normal High Water Line. The Neuse River is approximately 5,000' wide at the proposed pier
structure site.
The area to be disturbed by the project contains no identified shell bottom. The Department of
Environmental Quality's Submerged Aquatic Vegetation App does not indicate any historical data
of the existence of submerged aquatic vegetation (SAV) in the immediate project area. The north
facing side of the property does indicate 1.25 acres of SAV along the shoreline extending northward
away from the project site.
The project site is zoned by the City of New Bern as C2 commercial waterfront district. The size of
this site combined (Lots 8-002-A-234; 8-002-B-240) is approximately 1.7 acres. The vegetation on
the parcel consists of native grass. Existing man-made structures include a 2.5' concrete
bulkhead, 10' wide concrete and paver pedestrian walkway, utilities comprised of a 12" force main,
12" sanitary sewer, and lift station, benches, and trash receptacles.
Adjacent riparian property owners to the north are Richard and Maureen McDonnell, 514 E Front
Street; Winder Properties, LLC, 512 E Front Street; and William and Lynn Hand, 510 E Front Street.
The adjacent riparian property to the south is owned by Front Street Developers LLC, 300 E Front
Street.

Richard McDonnell
Maureen McFarland
514 East Front Street
New Bern, NC 28560
October 4, 2024
Heather Styron, District Manager
400 Commerce Avenue RECEIVED
Morehead City, NC 28557
Dear Ms. Styron,
OCT 0 � 2024
DCM-MHD Y
In reference to the Application for a CAMA Major permit to construct a public
pier, kindly consider the following;
We support a public pier in New Bern, although the proposed location of the
pier seems peculiar and short sighted, given other more suitable options
available. The proposed location in this application is immediately adjacent to
the New Bern Historic Residential District. Please refer to the "New Bern
Historic Areas and Buildings" map on the City of New Bern website. The
largest cluster of "Single Family Homes" in the historic residential district
begins at the proposed location of the pier! This is concerning for numerous
reasons - particularly noise disturbances and disruptive behavior negatively
impacting the quality of life in the adjacent residential area.
What are the Hours of Operation for the public pier? How does the City plan
to curtail/limit disruptive noises from the public pier impacting the residential
neighborhood? Not only will this negatively impact the local community, it
implies that the "already strained limitations on Police resources" will be further
fatigued. Will there be a gate at the entrance of the pier - to control admittance
during adverse weather conditions (hurricanes) and night hours which tend to

induce public drinking, smoking pot and delinquency? All of which
significantly decreases the quality of life in the adjacent residential community.
Surely our public officials can find a more conducive location for a public pier
that will have a positive impact for all residents and visitors of our beautiful
and historic city. For example, on the City of New Bern website again, the 6-
acre site of Union Point Park boasts:
"Water lovers will feel right at home in this park, as the site features a
popular fishing pier, as well as two public boat launches, ideal for
kayaks, canoes and small vessels. With the downtown -adjacent
location, the Union Point Park is an ideal location..."
Clearly the "downtown -adjacent location" of Union Point Park is significantly
more desirable for a public pier than a residential -adjacent neighborhood.
In addition, is it possible that this application does not have any parking
allocated? Concerning. Many of the historic homes near this proposed
location do not have garages and residents park on the street — which is
already difficult, particularly in the evening hours.
Again, we support the public pier. It is the location adjacent to a residential
neighborhood that is objectionable - particularly when there are numerous
alternative options in commercial areas on the water in New Bern.
I believe that there are existing piers in New Bern - what is the state of these
piers? Are they in disrepair'.? Not a strong argument for a new public pier to be
built adjacent to arguably one of the Country's most beloved historical
residential jewels.
On another note, the flow of the river regularly dumps garbage from the area
around the proposed pier onto the residential properties and Council Bluff
Green. This is particularly dangerous during tumultuous weather.
Locating a public pier directly adjacent to a residential area is perhaps an easy,
short-term fix to existing issues. It is not a long-term, sustainable solution to
the betterment of our community - for both residents and visitors.
OCT 0 7 2024
nrftA._l1i1LJn !-[-Ire/

Thank you for your consideration of the above. Please do not hesitate to
contact us if we can be helpful in any way.
Sending best regards,
Maureen McFarland and Richard McDonnell
RECEIVED
OOT 4 7 2,024
DCM-I II1D CITY

From:
Goebel, Christine A
To:
Scott Davis
Cc:
Stvron. Heather M.; Mahoney. Richard; Kari Greene -Warren; Hughes. Foster; Bodnar. Gregg
Subject:
RE: [External] Riparian Easement - Neuse River
Date:
Wednesday, August 21, 2024 1:26:22 PM
Attachments:
imaae001.ma
imaae002.ma
imaae003.ma
imaae004.ma
imaae005.ma
HI Scott -
No recognized submerged lands claim here so just dealing with the riparian rights below MHW out to
"deep" water for the purposes of the pier.
As for riparian easements- I point folks to Kings Harbor case from NC COA linked below .... you just
have to be clear it includes riparian rights.
Kings Harbor Homeowners Assn. Inc. v. Goldman:: 2017 :: North Carolina Court of Appeals
Decisions:: North Carolina Case Law:: North Carolina Law:: US Law:: Justia
Thanks -
Christy
From: Scott Davis <[e-mail]>
Sent: Wednesday, August 21, 2024 1:18 PM
To: Goebel, Christine A <[e-mail]>
Cc: Styron, Heather M. <[e-mail]>; Mahoney, Richard
<[e-mail]>; Kari Greene -Warren <[e-mail]>;
Hughes, Foster <[e-mail]>; Bodnar, Gregg <[e-mail]>
Subject: Re: [External] Riparian Easement - Neuse River
You don't often get email from msd&dhwlegal.com. Learn why this is important
CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the
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Christy -
Thanks again for jumping right on this. Super helpful.
Notes:
We should have the easement executed and recorded next week. New version attached below.
2. Yes as to noticing adjoining owners. Those will be (listed here to help city staff):

To the North: (1) Richard and Maureen McDonnell
514 E Front St
New Bern, NC 28560
(2) Winder Properties, LLC
Attn: Kirby H. Smith, III, Registered Agent
1000 Coopers Ct.
Trent Woods, NC 28562
(3) William and Lynn Hand
510 E Front Street
New Bern, NC 28560
To the South: (1) Front Street Developers, LLC
Attn: John O. Haroldson, Registered Agent
1309 Simmons Street
New Bern, NC 28560
3. Yes, as to sharing project info with the public. There has been a great deal of positive press
about this project, but we'll be sure to add info to the City website, and to continue to post
information on City social media outlets.
4. Riparian rights out into the Neuse. I've modified the metes and bounds description to run 222.5
feet into the Neuse River, rather than just the 2.5 feet alongthe waterline to include the mean high
water mark. I've attached a pdf below to roughly illustrate the easement area (highlighted box on
Page 2). I've also added a sentence in the amendment to the easement agreement that the County
isn't providing any warranties to the submerged lands under the Neuse, but is including the area to
ensure that riparian rights to the area are being conveyed to the City.
If you're good with the revisions to the Easement, just let me know and we'll have the Parties execute
and record.
Michael Scott Davis
Managing Partner
D: 252.262.7056 1 M: 252.571.2050
msd(@dhwleaal.com I www.dhwleaal.com
Location: New Bern, NC
Mailing: 209 Pollock Street, New Bern, NC 28560

> On Aug 20, 2024, at 4:45 PM, Goebel, Christine A <Christine.Goebel(cbdeq.nc.gov> wrote:
> Hi Scott-
> I reviewed what you sent after we spoke, and then spoke with my clients. I think we are all good to
proceed with the City as the applicant with a few conditions-
> Usually we need the applicant to provide a deed or other instrument (can be a riparian easement)
under which they claim title. For governments, we are sometimes looser on that and allow them to
provide a final recorded easement before we can issue —I think we can do that here to allow enough
time to get the easement with the County finalized. Once it's recorded, please send us a recorded
copy.
> Also- on the adjacent riparian owner notices where the city and county own most of this, I advised
DCM to have you notice the first riparian owners who are not the city or county.
> Also- since this is a public project, where CAMA requires a newspaper notice and on -site notice,
we also ask local government -applicants to also share info about a project on their social
media/website and share how they can submit comments to DCM if they have any. While its not
required, we have found it to be helpful to the CAMA review process.
> As far as the draft riparian easement, since riparian rights go out to "deep water" which is
situational and not a defined term, and is determined per project by DCM through it's review, that's
why I think it's ok to finalize the easement near the end of your review period once we know if your
proposed pier length meets the CRC's rules on pier length limitations (it also looks like the Corps has
a channel ROW that may be the most limiting factor to pier length here). But I would make sure the
final draft and legal description for the easement encompasses the area where the final pier design
will be.
> Please let me know if you have any questions-
• Christy
> From: Scott Davis <msd(0dhw1e9a1.com>
> Sent: Tuesday, August 20, 2024 4:17 PM
> To: Goebel, Christine A <Christine.Goebel(0deq.nc.gov>
> Cc: Kari Greene -Warren <Greene-WarrenK(bnewbernnc.gov>; Hughes, Foster
<hu9hesf(E0newbernnc.gov>
> Subject: [External] Fwd: Riparian Easement - Neuse River
> You don't often get email from msd(cbdhwlegral.com. Learn why this is important
> CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious
emails with the Report Message button located on your Outlook menu bar on the Home tab.

> Hey Christy -
> Glad we got to connect. I think the email below will get you up to speed. Since this email to the
county attorney in June, we've since "finalized" the draft easement, subject to any input from the
State.
> Here's the "final" draft:
> Let me know if you have further questions, and most importantly if you have any proposed
revisions.
> Really appreciate the help!
> Michael Scott Davis
> Managing Partner
> D: 252.262.7056 l M: 252.571.2050
> msd(Odhwlegal.com l www.dhwtegat.com
> Location: New Bern, NC
> Mailing: 209 Pollock Street, New Bern, NC 28560
> <image001.png>
> <image002.png>
> <image003.png>
> <image004.png>
> <image005.png>
> Begin forwarded message:
> From: Scott Davis <msd(Odhwlegal.com>
> Subject: Riparian Easement - Neuse River
> Date: June 13, 2024 at 8:21:08 AM EDT
> To: Arey Grady <awgrady(cbenclawyers.com>
> MorningArey-
> Attached are the following:
> 1. Draft Amendment to Easement and Agreement. This amends the original Easement and
Agreement between the Sudan Temple Holding Corporation and the City. I've noted the various
changes to make it easier to track. We can run final once we're all on the same page. Feel free to
pitch edits/revisions.

> 2. Copy of the original Easement and Agreement.
> 3. Copy of recorded plat used to establish the original pedestrian walkway. Note that I've described
the new "Pier Easement Area" by reference to this plat. The pedestrian walkway was intentionally
drawn 2.5 feet from the water to ensure that no riparian rights were conveyed. So I've started at the
terminus of Broad Street, followed the eastern edge of the pedestrian walkway 128.81 feet to the
point on the survey, then run east to the mean high water line of the Neuse, then back down. The
Length of the "T" at the end of the pier is 131 feet, so the 128.81 call worked out conveniently. Open
to any different ideas you might have about the description.
> 4. Illustration of the proposed pier with engineered drawings for the County to review.
> I understand that construction of the pier can move forward very quickly, so if there is anything I can
do on my end to expedite just let me know. Also happy to swing by to discuss as there is quite a bit to
digest.
> Email correspondence to and from this address may be subject to the North Carolina Public
Records Law and may be disclosed to third parties by an authorized state official.

24 - 1 31
RESOLUTION
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF NEW BERN:
That the Amendment to Easement and Agreement dated August 27, 2024, by and between
the County of Craven and the City of New Bern, a copy of which is attached hereto and
incorporated herein by reference, be and the same is hereby approved, and the Mayor and City
Clerk are hereby authorized and directed to execute the same in duplicate for and on behalf of the
City.
ADOPTED THIS 27 h DAY OF AUC
aj , Q.Y1'' 11 �� . 1 i�r G�-rl G9-
(�ll�
BRENDA E. BLANCO, ITY CLERK
Page 1 of 1

Prepared by and return to:
Michael Scott Davis
DAVIS HARTMAN WRIGHT LLP
209 Pollock Street
New Bern, NC 28560
Tax Parcel No.: 8-002-13-240
Revenue Stamps: $0.00
STATE OF NORTH CAROLINA
COUNTY OF CRAVEN
AMENDMENT TO
EASEMENT AND AGREEMENT
THIS AMENDMENT TO EASEMENT AND AGREEMENT is made and entered into
this the d l ' day of August, 2024 by and between the COUNTY OF CRAVEN, a body politic of
the State of North Carolina ("County"), and the CITY OF NEW BERN, a North Carolina
municipal ("City"), collectively referred to as the "Parties."
WITNESSETH:
THAT WHEREAS, the County and the City are the owners of adjoining parcels of real
property in the City of New Bern, Number Eight Township, Craven County, North Carolina, the
property of the City and the County being identified on the plat entitled "Easement Survey for the
City of New Bern of 15' Pedestrian Access Easement" dated March 2, 2016, prepared by Robert
M. Chiles, P.E., and recorded in Plat Cabinet I at Slides 84-B through 84-D in the Craven County
Registry (the "Plat"); and
WHEREAS, the County's parcel is identified on the Plat as consisting of 1.33 acres
bounded by the Neuse River on the north and east, by the City of New Bern parcel on the south,
and East Front Street on the west ("Subject Property"); and
WHEREAS, the County acquired the Subject Property from Shriners International — Sudan
Shriners on January 12, 2023 as evidenced by the deed recorded in Book 3752 at Page 780 in the
Craven County Registry, Shriners International — Sudan Shriners having acquired the Subject
Page 1 of 7

Property from Sudan Temple Holding Corporation on January 12, 2023 as evidenced by the deed
recorded in Book 3752 at Page 775 in the Craven County Registry; and
WHEREAS, as a part of City's waterfront improvement program, Sudan Temple Holding
Corporation conveyed an easement over and across the Subject Property to the City, subject to
various terms, conditions, and restrictions, for the purpose of constructing a pedestrian walkway
along the Neuse River as reflected on the Plat, said easement being recorded in Book 3454 at Page
307 in the Craven County Registry ("Easement and Agreement"); and
WHEREAS, as a further enhancement to the City's waterfront improvement program, the
City desires to construct a public pier into the Neuse River along the eastern boundary of the
Subject Property; and
WHEREAS, Section 11 of the Easement and Agreement provides that the Easement and
Agreement may be amended by a recorded instrument executed by the Sudan Temple Holding
Corporation, its successors and assigns, and by the City; and
WHEREAS, the County, as a successor in interest to the Sudan Temple Holding
Corporation, has agreed to amend the terms, conditions, and restrictions of the Easement and
Agreement to specifically allow the City to construct a public pier into the Neuse River within the
Pier Easement Area as described in Section 13 below, subject to the additional terms, conditions,
and restrictions set forth herein; and
WHEREAS, the Parties execute this document to put the terms of their agreements about
the aforesaid matters in writing.
NOW, THEREFORE, for and in consideration of the premises and for and in consideration
of the mutual promises, covenants and conveyances herein contained, the parties hereby do agree
as follows:
SECTION 1. That Paragraph 5 be deleted in its entirety and the following inserted in its stead:
665. Subject to the County's compliance with all applicable laws and governmental
regulations, the City consents to the construction by the County of piers and docks in the Neuse
River outside of the Pier Easement Area as defined in Section 13. From time to time, the City
agrees to sign all consents and approvals required by the various governmental agencies of the
State of North Carolina and the United Stale of America for the construction of the County's piers
and docks to be located outside of the Pier Easement Area, and the City agrees to waive any
required riparian setback appurtenant to the City's easements so that such construction may occur."
Page 2 of 7

SECTION 2. That Paragraph 8 be deleted in its entirety and the following be inserted in its stead:
6`8. The Parties acknowledge and agree that the County is retaining all of its riparian
rights associated with its real property other than the riparian rights associated with the Pier
Easement Area, and that nothing herein is intended to terminate, transfer, prohibit, limit or impair
such riparian rights in any way. If any state, federal or local agency or court shall determine that
this instrument terminates, transfers, prohibits, limits or impairs the County's riparian rights in any
way, other than the riparian rights associated with the Pier Easement Area, the Parties agree to
relocate the pedestrian walkway easement granted herein as is minimally necessary to cure any
such defect created by this Easement and Agreement, and to execute any and all documents
necessary to vest all riparian rights in the County. The City shall be solely responsible for all costs
and expenses associated with any such relocation of the pedestrian walkway easement."
SECTION 3. That Paragraph 13 be added as follows:
"13. Subject to the conditions and provisions herein set forth, the County conveys to the
City, its successors and assigns, a perpetual easement as more specifically described on Exhibit A
attached hereto ("Pier Easement Area"), for the purposes of ingress, egress and regress from the
Neuse River to the Pier Easement Area, and for the purpose of attaching, constructing, and
maintaining a public pier from the Pier Easement Area into the Neuse River. For purposes of this
Agreement, the term "Pier Easement Area" shall include the riparian rights below the mean
highwater mark out to deep water in the Neuse River. The County's conveyance of the perpetual
easement for use of the Pier Easement Area specifically includes riparian rights such that the City
shall be entitled to permit and construct a public pier in its name. Prior to the construction of such
public pier by the City, the plans and specifications shall be approved in writing by the County.
The County agrees to sign all consents and approvals required by the various governmental
agencies of the State of North Carolina and the United States of America for the construction of
the public pier within the Pier Easement Area."
SECTION 4. That Paragraph 14 be added as follows:
"14. City agrees to install parking along the terminus of Broad Street between East Front
Street and the Neuse River no later than January 1, 2026 to facilitate access to the Pedestrian
Access Easement and Pier Easement Area."
SECTION 5. Craven County is a successor in interest to Sudan Temple Holding Corporation.
For purposes of this Amendment to Easement Agreement, all references to "Sudan Temple" in the
Easement and Agreement shall mean the County.
SECTION 6. Unless otherwise amended as set forth in this Amendment to Easement and
Agreement, the terms, conditions, and restrictions set forth in the Easement and Agreement shall
remain in full force and effect.
Page 3 of 7

IN TESTIMONY WHEREOF, the Parties have caused this instrument to be signed and
sealed in a manner so as to be binding, this the day and year first above written.
CRAVEN COUNTY
c�
(County �eai)
+�Y
(City Seal)
oNE f �NqN l
f
By:
_ (30L'cz�"�
Chairmak
ATTEST:
i
1
County Clerk
C`ITV nT KTT: VQ7 1DT~DAT
ATTEST:
(I�NXAJ, �- rojax\cic�—
City Cle
Page 4 of 7

CRAVEN COUNTY
NORTH CAROLINA
a notary public in and for said county and state,
do hereby certify that on the 3 day of , 2024, before me personally appeared
_ 6L S1rj . with whom I am Wersonally acquainted, who, being by me duly
sworn, says that he is the Chairman and that &k\ k-y is the County Clerk of Craven
County, the body politic described in and which executed the foregoing instrument; that he knows
the common seal of said body politic; that the seal affixed to the foregoing instrument is said
common seal; that the name of the body politic was subscribed thereto by the said Chairman; that
the said common seal was affixed, all by order of the Board of Commissioners of said body politic;
and that the said instrument is the act and deed of said body politic.
�§S my hand and notarial seal, this 23 day of 12,CtA 1, 2024.
\v� ............
/<
SZ - r
9 '0e0c ZNotary Public
My commission expires:
Page 5 of 7

STATE OF NORTH CAROLINA
COUNTY OF CRAVEN
I, e becc.c- Ajt )rgL , a notary public in and for said county and state, do
hereby certify that on the2t day of , 2024, before me personally appeared
�e (.dkam with whom I am personally acquainted, who, being by me duly sworn, says
that hi is the Mayor and that BRENDA BLANCO is the City Clerk of the City of New Bern, the
municipal corporation described in and which executed the foregoing instrument; that he knows the
common seal of said municipal corporation; that the seal affixed to the foregoing instrument is said
common seal; that the name of the municipal corporation was subscribed thereto by the said Mayor;
that the said common seal was affixed, all by order of the Board of Aldermen of said municipal
corporation; and that the said instrument is the act and deed of said municipal corporation.
WITNESS my hand and notarial seal, this .27' day of A U.A Ls+ , 2024.
My commission expires:
Notary Public
Z-7- Z9
..oGCA kF0 11
�01 A y y'
My Comm. Exp.
7 FEB 2029
y�. 'OOBl.�G
Page 6 of 7

Exhibit A
COMMENCING at a set iron pipe located at the northeastern intersection of East Front Street and
the terminus of Broad Street in the City of New Bern, North Carolina as reflected on that plat
entitled "Easement Survey for the City of New Bern of 15' Pedestrian Access Easement" dated
March 2, 2016, prepared by Robert M. Chiles, P.E., and recorded in Plat Cabinet I at Slides 84-B
though 84-D in the Craven County Registry; thence along and with the northern line of the property
of the City of New Bern bearing parcel number 8-002-A-234 South 800 00' 00" East 288.02 feet
to the POINT OF BEGINNING. Thence from said point of beginning North 100 18' 13" East
128.81 feet to a point adjacent to USGS Monument "CRA-180"; thence in an easterly direction
and perpendicular to the shoreline of the Neuse River to a point at the mean highwater mark of the
Neuse River; thence along and with the mean highwater mark of the Neuse River South 10' 18'
13" West 128.81 feet to a point; thence North 800 00' 00" West approximately 2.50 feet to the
point of beginning.
TOGETHER WITH all riparian rights associated with the use and development of the Neuse River
waterfront described herein out to deep water in the Neuse River.
Page 7 of 7

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Rehh$ad j* 2021

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
TANCRED MILLER
Director
The Sun Journal
Legal Advertisement Section
P.O. Box 1149
New Bern, NC 28S63
NORTH CAROLINA
Environmental Quality
Re: Public Notice - Fishers Stores Inc - New Bern, Craven County
Dear Sir/Madam:
10/11/2024
Please publish the attached notice in the issue October 17, 2024 of the Sun Journal.
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 Amanda Cannon, NC Division of Coastal
Management, amanda.cannon Pdeq.nc.gov. 2S2-S1S-S400, 400 Commerce Ave, Morehead
City NC 28SS7.
Thank you for your assistance in this matter. If you should have any questions, please contact
me at our Morehead City office.
Sincerely,
Amanda Cannon
Coastal Management Representative
Enclosure
cc: Heather Styron, District Manager
Gregg Bodnar, Major Permits Coordinator
D E Q�� North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557
NORTH CAROUNA -
oepadmeMolEnWmnmem l0ual\ /� 252.515.5400

NOTICE OF FILING OF APPLICATION FOR CAMA
The Department of Environmental Quality hereby gives public notice as required by NCGS
113A-119(b) that an application for a development permit in an Area of Environmental
Concern as designated under the CAMA was received complete on 3/8/2024. According to
the application submitted by City of New Bern - Parks & Rec. proposes to construct a pier,
platform in Downtown New Bern at 400 East Front Street, Craven County. A copy of the
entire application may be examined or copied at the office of Rich Mahoney, NC Division of
Coastal Management, located at 400 Commerce Avenue, Morehead City, NC, (2S2)S1S-S400
during normal business hours. Comments mailed to Tancred Miller, Director, Division of
Coastal Management, 400 Commerce Avenue, Morehead City, N.C. 28SS7, prior to 11/9/24
will be considered in making the permit decision. Later comments will be accepted and
considered up to the time of permit decision. Project modification may occur based on
review and comment by the public and state and federal agencies. Notice of the permit
decision in this matter will be provided upon written request.
PUBLISHED ON: 10/17/2024
NOATH�AAa�ND_EQ��
Oeparimenl of Environmental pual�
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557
252.515.5400