Loading...
HomeMy WebLinkAbout20121041 Ver 2_CAMA Application_20190618NORTH CAROLINA Environmental Quality June 18, 2019 MEMORANDUM: ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director, Division of Coastal Management FROM: Courtney Spears, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Fax: 910-395-3964 (Courier 04-16-33) courtney.spears(a-)ncdenr.goy SUBJECT: CAMA / Dredge & Fill Application Review Applicant: River Bluffs Development Corporation c/o Burrows Smith Project Location: 2000 Chair Rd at 1-140., adjacent to NE Cape Fear River, in Castle Hayne, New Hanover County Proposed Project: installation of seven (7) new living shorelines Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Spears at the address above by July 11, 2019. If you have any questions regarding the proposed project, contact Patrick Amico at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. PRINT NAME AGENCY SIGNATURE DATE This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 2. a DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: River Bluffs Development Corporation c/o Burrows Smith LOCATION OF PROJECT SITE: 2000 Chair Road in Castle Hayne, New Hanover County, adjacent to the Northeast Cape Fear River Photo Index — 2006: 204-6663, O -X, 5-13 Lat: 340198"08.80239"N Long: 77°57'13.88234"W INVESTIGATION TYPE: CAMA/D & F INVESTIGATIVE PROCEDURE: Dates of Site Visit — 6/6/19 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received — 04/15/19 (initial), 05/31/19 (complete) Office —Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — Wilmington/New Hanover County Land Classification From LUP — Highground-Wetland Resource Protection Open Water- Conservation (B) AEC(s) Involved: EW, ES, PTA (C) Water Dependent: Yes (D) Intended Use: Community (E) Wastewater Treatment: Existing — Municipal for upland area, marine pumpout for marina Planned — N/A (F) Type of Structures: Existing — Access roads, homes on some lots, pool, boat ramp, portion of fixed pier, floating docks, two gazebos, golf cart raised driveway, some shoreline stabilization, shoreline grading, and kayak launch Planned - living shoreline for shoreline stabilization (G) Estimated Annual Rate of Erosion: N/A Source — N/A HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Coastal Wetlands (B) Open Water (below MHW) 32,642 ft2 (C) Other (Highground) (above MHW) 19,052 ft2 (grading) (D) Total Area Disturbed: 51,694 ft2 (1.2 acres) (E) Primary Nursery Area: Yes (F) Water Classification: SC, Sw Open: No 8. PROJECT SUMMARY: River Bluffs Development Corporation is proposing to install seven (7) new living shorelines. River Bluffs Development Corporation c/o Burrows Smith Page 2 9. PROJECT DESCRIPTION: The project site is located at 2000 Chair Road, in Castle Hayne adjacent to the Northeast Cape Fear River (NECFR) in New Hanover County. To locate the project site from the Wilmington Regional Office (WiRO), travel south on Market Street for approximately 0.4 miles until you come to the intersection of Eastwood Road and Martin Luther King, Jr. Parkway (MLK). Merge right onto MLK and continue to travel west approximately 3.5 miles towards Downtown Wilmington. Merge right onto the off -ramp towards Castle Hayne Road (NC Highway 133) and travel north approximately 3.7 miles until you reach Chair Road, which will be located just south of 1- 140 (Wilmington Bypass). Turn left onto Chair Road and travel west approximately 1.75 miles until you reach the property of interest. The project site is located at the end of Chair Road adjacent to the NECFR, and is comprised of thirteen individual tax parcels totaling an approximately 258 acre tract owned by River Bluffs Development Corporation (applicant) and Chair Road, LLC. The project site has approximately 3,397 linear feet (LF) of shoreline frontage along the NECFR and has elevations ranging from 0 feet to 40 feet above normal high water (NHW). The highground transitions abruptly to the shoreline and appears to be currently experiencing significant erosion, especially along the northern end of the project site. The shoreline along the majority of the project site is not easily accessible from the highground due to the existing elevations. Existing structures on the project site include access roads, single and multifamily homes, a pool, a portion of the previously authorized marina that is under construction, a boat ramp, floating and fixed walkways with a gazebo, and a kayak launch. There are existing overhead power lines that are located on the central portion of the project site, which cross the NECFR within a CP&L easement. There is also a small cemetery that has been identified and demarcated in the southern portion of the site. The adjacent riparian property to the north is a facility owned and developed by General Electric and 1-140 is located to the east of the project site. The property to the south is currently residential. The project site has highground vegetation consisting primarily of domestic grasses and native trees including: Bald Cypress, Magnolias, Dogwoods, Pines and Oaks. The highground slopes gradually to the edge of wetlands along the northern and southern end of the property shoreline, which consist primarily of mature Bald Cypress and Coastal Wetland plants including: Giant Cord Grass (Spartina cynosuroides), Cattails (Typha spp.), Bullrush (Scirpus sop.) and Sawgrass (Cladium jamaicense). The existing Coastal Wetlands vegetation in the southern shoreline of the project site is a dense expanse, which extends approximately 900 feet from the shoreline to the east within the interior portion of the site within a tributary known as Rock Spring Branch. A Jurisdictional Determination (JD) was approved by the US Army Corps of Engineers (USACE) for the existing Section 404 Wetlands, which are located on the project site (SAW -2009-01231, SAW -2008-00068 and SAW -2002-00617). In 2013, CAMA Major Permit 30-13 was issued to River Bluffs Development Corp. for a planned unit development on the subject property including an associated marina, boat ramp, walkway along the shoreline and shoreline stabilization. Several minor modifications have been made to the permit. Most recently, a Major Modification to the permit was issued on December 13, 2017 authorizing the reconfiguration and expansion of the marina facility and it is due to expire 12/31/20. The 2017 Major Modification was part of the restoration agreement issued from this office on May 25, 2017 as part of Notice of Violation #17-11 D. The Wilmington -New Hanover County LUP classifies the upland areas of the project site as Wetland Resource Protection and the open water as Conservation. The waters of the NECFR are classified as SC, Sw by the NC Division of Water Resources (DWR). The NC Division of Marine Fisheries (DMF) has designated this area of the NECFR as Primary Nursery Area and the waters are closed to the harvesting of shellfish. The USACE federally maintained navigation channel is located approximately 250-300 waterward of the NHW level. The width of the river in the project location ranges from approximately 650 to 700 feet across the river. River Bluffs Development Corporation c/o Burrows Smith Page 3 River Bluffs Development Corporation is proposing to install seven (7) new living shorelines. The application states that construction of the upland development and marina areas is ongoing, and that damage from Hurricane Florence caused additional erosion on areas of shoreline without authorized living shorelines. The applicant proposes to install seven (7) areas of living shoreline with associated grading, riprap, and planting of wetland grass (Spartina cynosuroides) (see Sheet 1 of 5). The northernmost six (6) areas of shoreline stabilization would all have similar cross-sectional design, with grading above and below mean high water (MHW) to allow for wetland planting. Moving from north to south the living shorelines would measure approximately 41', 83', 45', 196', 532', and 512' respectively in length and vary from 20' to 50' in width. The northern six (6) living shoreline areas would extend a maximum of 50' waterward of MHW (see Sheet 1 of 5). At the base of each of the five living shoreline areas would be rip rap to stabilize the toe of the shoreline (see Sheet 4 of 5 for typical cross-section). The southernmost living shoreline area would measure approximately 150' in length and vary in width from approximately 20' to 50'. Unlike the northern living shoreline areas, the southernmost living shoreline would have both grading and fill to restore the grade prior to scouring from Hurricane Florence (see Sheets 3 of 5 and 5 of 5). The southernmost living shoreline area would extend a maximum of 50' waterward of MHW. None of the proposed living shoreline areas would extend beyond the authorized access walkway. No changes are proposed to the non -water dependent development previously authorized by State Permit No. 30-13. ANTICIPATED IMPACTS: The proposed additional living shorelines would result in the disturbance of approximately 19,052 ft2of Estuarine Shoreline high ground area above MHW. Installation of the marsh toe revetments, and grading/fill associated with the construction of the seven (7) sills would results in the fill and incorporation of approximately 32,642 ft' of Estuarine Water and Public Trust areas. Minor increases in turbidity should be expected during construction. Submitted by: Patrick Amico Date: 05/31/19 Office: Wilmington LMG LAND MANAGEMENT GROUP a DAVEA.. company April 15, 2019 Debra Wilson Division of Coastal Management 127 Cardinal Drive Extension Wilmington, N.C. 28405-3845 Re: Major modification request, Permit Number 30-13, River Bluffs Development Corporation, Chair Road, Castle Hayne, New Hanover County Debbie, On behalf of River Bluffs Development Corporation, I would like to request a major modification of CAMA Major Permit Number 30-13. Enclosed is a complete permit application package detailing the modification items and the $400 modification fee. The adjacent riparian landowners have been notified by certified mail and the return receipts will be submitted once received. Please contact me with any questions that you may have. Thank you for your assistance. Sincerely, � X Greg Finch Encl: Application Package, $400 fee check Cc: Burrows Smith s RECEIVED APR 15 2019 www.imgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 DCM WILMINGTON, NC 3. DCM MP -1 Section 6.0 Additional Information 3.1 Section 6. a. Project Narrative The project is located at Chair Road at 1-140 (Wilmington Bypass) in Castle Hayne, New Hanover County. Development of the approved subdivision and open water marina is underway. Roads, utilities and homes are being constructed. Water - dependent structures installed at the time of this major modification include the boat ramp, floating dock at ramp, the fixed and floating walkway along the shoreline with breakwater, a 19.5' x 19.5' gazebo with cantilevered bench and a portion of the 188 -slip marina that includes the northern dock with debris deflector. River Bluffs Development Corporation requests modification of CAMA Permit 30-13 for the construction of 1,559 Lf. of living shoreline along the remaining portions of the high bluff shoreline not previously authorized. To date, 837 Lf. of shoreline has been authorized and constructed. Post hurricane Florence and record annual rainfall amounts, the river remained elevated with an increased flow that resulted in significant erosion problems, particularly along reaches where there was no living shoreline. Six (6) new stabilization areas are proposed. One (1) at 41' long, one (1) 83' long, one, (1) at 45' long, one (1) at 196' long, one (1) 532' long, one (1) 512' long and one at 150' long (See Appendix A, Sheet 1 of 3). Due to suitable grades and loss of existing marsh at the 150' -long site near the southern marina access pier, a 150' -long marsh sill is proposed. Backfill will be place from the marsh sill to the existing outer marsh edge or MHW and planted to reestablish marsh in this section. No wetland impact are proposed. Similar to previously constructed living shoreline areas at the site, riprap will be placed at the toe of the bluff below MLW and minor grading (cut/fill) will be performed to mimic the grade of adjacent marsh (See Appendix A, Sheet 3 of 3). Sportina cynosuroides will be installed in all six (6) areas. A long reach excavator, either from a barge or on top of the bluff will place the riprap and grade the steep eroded bank. RECEIVED CAMA Permit 30-13 Major Modification Request for a Living Shoreline —April 2019 River Bluffs— River Bluffs Development Corporation APR .1 5 'w Castle Hayne, New Hanover County, North Carolina 7 DCM WILMINGTON, NC 1. Form DCM-MP-1 APPLICATION for Major Development Permit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) River Bluffs Development Corporation River Bluffs Applicant 1: First Name MI Last Name Burrows NA Smith Applicant 2: First Name MI Last Name NA NA NA If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City Stale River Bluff Development, 3571 Hansa Drive City Castle Hayne NC ZIP Country Phone No. NC ZIP FAX No. 28429 USA 910-675-7991 Phone No. 2 NA Street Address (if different from above) City State ZIP NA FAX No. Contractor # Email NA NA burrows@riverbluffsliving.com Street Address (if different from above) 2. Agent/Contractor Information Business Name Land Management Group Agent/ Contractor 1: First Name MI Last Name Greg Finch Agent/ Contractor 2: First Name MI Last Name Steve Morrison Mailing Address PO Box City State 3805 Wrightsville Avenue, Suite 15 Wilmington NC ZIP Phone No. 1 Phone No. 2 28403 910-452-0001 ext. NA NA ext. NA FAX No. Contractor # NA NA Street Address (if different from above) City Slate ZIP NA Email gfinch@lmgroup.net; smorrison@lmgroup.net CAMA Permit 30-13 Major Modification Request for a Living Shoreline —April 2019 RFCFIN/FIS River Bluffs— River Bluffs Development Corporation APR 1 5 W9Castle Hayne, New Hanover County, North Carolina 1 PCM WILMINGTON, NC 3. Project Location County (can be multiple) Street Address State Rd. # New Hanover Chair Road at 1-140 (Wilmington Bypass) NA Subdivision Name City Slate Zip River Bluffs Castle Hayne NC 28429 Phone No. Lot No.(s) (if many, attach additional page with list) NA NA a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Northeast Cape Fear River Northeast Cape Fear River C. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade ❑Unknown Northeast Cape Fear River e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes LINO work falls within. Identify and describe the existing land uses adjacent to the proposed project site. New Hanover County 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 3,3971.f. 11,280,600 s.f. c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 7,941 s.f. average (existing) NWL (normal water level) (If many lot sizes, please attach additional page with a list) 0' to 40' ®NHW or ❑NWL e. Vegetation on tract Intertidal shoreline along proposed living shoreline areas is unvegetated. f. Man-made features and uses now on tract Development of the approved subdivision and open water marina is underway. Roads, utilities and homes are being constructed. Water -dependent structures installed at the time of this major modification include one boat ramp, one floating dock at ramp, the fixed and floating walkway along the shoreline with breakwater, a 19.5' x 19.5' gazebo with cantilevered bench, and a portion of the marina which includes the northern dock with debris deflector. g. Identify and describe the existing land uses adjacent to the proposed project site. Industrial to the north (General Electric), residential and/or undeveloped to the south, Interstate 1-140 (Wilmington Bypass) to the east, Northeast Cape Fear River to the west. h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? Planned Development (PD) (Attach zoning compliance certificate, if applicable) ®Yes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ®Yes []NO ❑NA If yes, by whom? Previously submitted. I. Is the proposed project located in a National Registered Historic District or does it involve a National ❑Yes ®No ❑NA Register listed or eligible property? CAMA Permit 30-13 Major Modification Request for a Living Shoreline —April 2019 ' """-r v I_— LJ River Bluffs — River Bluffs Development Corporation Castle Hayne, New Hanover County, North Carolina AUR 15 A19 0CM WILMINGTON, NC m. (i) Are there wetlands on the site? ®Yes LINO (ii) Are there coastal wetlands on the site? NYes ❑No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? NYes []No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Cape Fear Public Utility Authority. o. Describe existing drinking water supply source. Cape Fear Public Utility Authority upon project completion. p. Describe existing storm water management or treatment systems. NA S. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑PubliclGovernment ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The purpose of the project is to stabilize the eroding shoreline with the installation of a living shoreline. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Rip rap will be placed at the toe of the eroded slope from either a barge or land with a long reach excavator. The slope will be graded and then planted. d. List all development activities you propose. Construction of 1,559 linear feet of living shoreline, including a 150 -foot long marsh sill. e. Are the proposed activities maintenance of an existing project, new work, or both? New f. What is the approximate total disturbed land area resulting from the proposed project? 19,052 NSq.Ft or []Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes NNo ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. No new discharges. i. Will wastewater or stormwater be discharged into a wetland? -No new discharges ❑Yes NNo ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes []No NNA j. Is there any mitigation proposed? []Yes NNo ❑NA If yes, attach a mitigation proposal. RECEIVED LAMA Permit 30-13 Major Modification Request for a Living Shoreline — April 2019 River Bluffs— River Bluffs Development Corporation APR 5 2019 Castle Hayne, New Hanover County, North Carolina DCM WILMINGTON, NC 6. Additional Information In addition to this completed application form, (MP -1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (0 are always applicable to any majordevelopment application. Please consult the application instruction booklet on how to property prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Martha P Loughlin, Rev Trust Phone No. NA Address 1300 Rockhill Road, Castle Hayne, NC 28429 Name General Electric Co. Phone No. NA Address PO Box 4900, Scottsdale, Arizona 85261-4900 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. SW8 101108, River Bluffs Development Corp (05/23/11) SAW -2008-00068, Chair Road Associates, LLC (01/08/2008) SAW -2002-00617, Chair Road Associates, LLC (01/08/2008) SAW -2009-01231, Elizabeth B. Kerr (07/28/2009) h. Signed consultant or agent authorization form, if applicable. I. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 1 7. Certification and Permission to Enter on Land I I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date: 4/9/2019 Print Name: Greg Finch, Agent Land Management Group Signature Please indicate application attachments pertaining to your proposed project. ®DCM MP -2 Excavation and Fill Information ❑DCM MP -S Bridges and Culverts ❑DCM MP -3 Upland Development ❑DCM MP-4Structures Information RECEIVED CAMA Permit 30-13 Major Modification Request for a Living Shoreline — April 2019 River Bluffs— River Bluffs Development Corporation APR 15 2019 Castle Hayne, New Hanover County, North Carolina 4 DCM WILMINGTON, INC 2. Form DCM MP -2 EXCAVATION and FILL (Except for bridges and culverts) 1. EXCAVATION ®This section not applicable a. Amount of material to cubic yards. below NHW or NWL in b. Type of material to be excavated. C. (i) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW _ ❑SAV ❑SB ❑WL ❑None (ii) Describe the purpose of the excavation in these areas: NA d. High -ground excavation in cubic yards. 2. DISPOSAL OF EXCAVATED MATERIAL ®This section not applicable a. Location of disposal area. C. (i) Do you claim title to disposal area? []Yes ❑No [INA (ii) If no, attach a letter granting permission from the owner. b. Dimensions of disposal area. d. (i) Will a disposal area be available for future maintenance? ❑Yes []No ❑NA (ii) If yes, where? e. (i) Does the disposal area include any coastal wetlands/marsh (CW), f. (i) Does the disposal include any area in the water? submerged aquatic vegetation (SAV), shell bottom (SB), or other []Yes ❑No ❑NA wetlands (WL)? If any boxes are checked, provide the number of square feet affected. (ii) If yes, how much water area is affected? ❑CW ❑SAV ❑SB ❑WL ❑None (ii) Describe the purpose of disposal in these areas: CAMA Permit 30-13 Major Modification Request for a Living Shoreline —April 2019 River Bluffs— River Bluffs Development Corporation Castle Hayne, New Hanover County, North Carolina ,SPIZ I .'� 701�I 0CM WILMINGTON, NC Access Channel Canal Boat Boat Rock Rock Other (excluding (NLW or Basin Ramp Groin Breakwater shoreline NWL) stabilization) Length NA NA NA NA NA NA NA Width NA NA NA NA NA NA NA Avg. Existing Depth NA NA NA NA NA NA NA Final Project Depth NA NA NA NA NA NA NA 1. EXCAVATION ®This section not applicable a. Amount of material to cubic yards. below NHW or NWL in b. Type of material to be excavated. C. (i) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW _ ❑SAV ❑SB ❑WL ❑None (ii) Describe the purpose of the excavation in these areas: NA d. High -ground excavation in cubic yards. 2. DISPOSAL OF EXCAVATED MATERIAL ®This section not applicable a. Location of disposal area. C. (i) Do you claim title to disposal area? []Yes ❑No [INA (ii) If no, attach a letter granting permission from the owner. b. Dimensions of disposal area. d. (i) Will a disposal area be available for future maintenance? ❑Yes []No ❑NA (ii) If yes, where? e. (i) Does the disposal area include any coastal wetlands/marsh (CW), f. (i) Does the disposal include any area in the water? submerged aquatic vegetation (SAV), shell bottom (SB), or other []Yes ❑No ❑NA wetlands (WL)? If any boxes are checked, provide the number of square feet affected. (ii) If yes, how much water area is affected? ❑CW ❑SAV ❑SB ❑WL ❑None (ii) Describe the purpose of disposal in these areas: CAMA Permit 30-13 Major Modification Request for a Living Shoreline —April 2019 River Bluffs— River Bluffs Development Corporation Castle Hayne, New Hanover County, North Carolina ,SPIZ I .'� 701�I 0CM WILMINGTON, NC 3. SHORELINE STABILIZATION EJ This section not applicable (If development is a wood groin, use MP -4 — Structures) a. Type of shoreline stabilization: b. Length: 1.559 Ll ®Riprap ®Breakwater/Sill (Marsh SIII) ®Otter: Living Shoreline c. Average distance watenvard of NHW or NWL: 20' Width: Varies, 20'to 50' d. Maximum distance waterward of NHW or NWL: 40' at marsh sill location. e. Type of stabilization material: Rip rap at toe of slope. Eroded bank I. (i) Has there been shoreline erosion during preceding 12 months? graded and planted. ®Yes ONO [INA (Ii) If yes, state amount of erosion and source of erosion amount information. Varies, not surveyed. g. Number of square feet of fill to be placed below water level. It. Type of fill material. Rip rap and graded material. Bulkhead backfill: Riprap: 14,825 s.f. Breakwater/Sill: 1,406 Other: Graded Material: 18,411 s.f. I . Source of All material. Graded sand from onsite. Rip rap sourced and delivered. 4. OTHER FILL ACTIVITIES ❑This section not applicable (Excluding Shoreline Stabilization) a. (1) Will fill material be brought to the site? ❑Yes ®No [INA b. (i) Will fill material be placed in coastal wetlands/marsh (CW). Ir yes, (II) Amount of material to be placed in the water (III) Dimensions of fill area (Iv) Purpose of fill 5. GENERAL a. How wit excavated or fill material be kept on site and erosion controlled? Rip rap will be placed at the toe of the slope to stabilize graded material. Unvegetated areas will be planted. suomergec aquatic vegetation (UAV), shell bottom (SB), orother wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV _ ❑SB OWL ®Nona (ii) Describe the purpose of the fill In these areas: NA What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? Barge or land based excavator. c. (1) Will navigational aids be required as a result of the project? d. (1) WIII wetlands be crossed in transporting equipment to project ❑Yes ONO [INA site? ❑Yes ®No ❑NA (ii) If yes, explain what type and few they will be implemented. (it) If yes, explain steps that will be taken to avoid or minimize NA environmental impacts. NA Date 5/31/2019 Project Name River Bluffs Applicant Name River Bluffs Development Corporation Applicant Sitinmlurc /� Greg Finch, Agent, Land Management Group CAMA Permit 30-13 Major Modiflcation Request for a Living Shoreline — April 2019 River Bluffs — River Bluffs Development Corporation Castle Hayne, New Hanover County, North Carolina RECEIVED DCM WILIANGTON, NC ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director Land Management Group Inc. c/o Greg Finch 3805 Wrightsville Ave, Suite 15 Wilmington, NC 28403 Dear Mr. Finch, NORTH CAROLINA Ehvironmental Quality June 14, 2019 The Division of Coastal Management hereby acknowledges receipt of your application acting as agent for River Bluffs Development Corporation c/o Burrows Smith for State approval for development of the subject property located adjacent to 2000 Chair Road in Castle Hayne, North Carolina. It was received as complete on May 31, 2019 and appears to be adequate for processing at this time. The projected deadline for making a decision is August 14, 2019. An additional 75 -day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from May 31, 2019, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A -119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing' postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of- way fronting your property; or at a point along the road right-of-way, where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, AWA15:-- Patrick Amico Field Representative cc: Courtney Spears, DCM Tyler Crumbley, COE Doug Huggett, MHC Chad Coburn, DWR Christine Bouffard, LPO Burrows Smith, applicant North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 � D � v < r n 0 0 � D z T � N cn v, O° o 13 C = o . m OK c) m ' D rm . O mm g D V V L+4A �r O n n � mD mn m� :�F C 0 NORTH CAROLINA Ennironmenral Quality June 18, 2019 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice: • River Bluffs Development Corporation/ New Hanover County Hello Angie: Please publish the attached Notice in the Thursday, June 20, 2019 issue. ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director, Division ofConsml Management The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Tanya Pietila at the NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7427. Paying by credit card to the attention of Jarimy Springer, (Customer No.70100342). Please email a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. cc: MHC file Courtney Spears - WiRO Tyler Crumbley - USACE State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 sistance NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A - 119(b) that the following application was submitted for a development permit in an Area of Environmental Concern as designated under the CAMA: On May 31, 2019, River Bluffs Development Corp proposed to install seven new living shorelines at 2000 Chair Rd at 1-140, adjacent to NE Cape Fear River, Castle Hayne in New Hanover County. A copy of the application can be examined or copied at the office of Patrick Amico, N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796-7423) during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to July 11, 2019 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 these matters will be provided upon written request. AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: River Bluffs Development Corporation Mailing Address: c/o Mr. Burrows Smith 3571 Hansa Drive, Castle Hayne NC 28429 Phone Number: 910-675-7991 Email Address: burrowsPriverbluffsliving con _ I certify that I have authorized Land Management Group Inc Agent/ Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: Modifications of River Bluffs CAMA Permit 30-13 at my property located at River Bluffs (off Chair Road Castle Hayne NC) in New Hanover County. I furthermore certify that l am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: Signature �3aa40t. s 6- S .Zy Print or Type Name Title Os lel AO/7 Date This certification is valid through _jl-,fl D r� RECEIVED APR 15 ')CM WILMINGTON, NC 4ZLMG LAND MANAGEMENT GROUP a DAVEY# company March 29, 2019 William Loughlin 1300 Rockhill Road Castle Hayne, NC 28429 Mr. Loughlin: River Bluffs Development Corporation is applying for a modification to its CAMA Major Permit #30-13 for development activity on its property located off Chair Rd, Castle Hayne, New Hanover County, North Carolina. The specifics of the proposed work are described in the attached application package. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Should you have any objections to this proposal, please send your written comments within 30 days of your receipt of this notice to: Debra Wilson North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 Comments will be considered by the NC Department of Coastal Management in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 910-452-0001, or e-mail me at gfinch@Imgroup.net Sincerely, ',Jhmg JHi%�. Greg Finch, Agent Land Management Group, Inc. Enclosures www.lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 RECEIVED APR 15 2019 DCM WILMINGTON, NO :014u NO 4LMG LAND MANAGEMENT GROUP a DAVEA company March 29, 2019 General Electric Company PO Box 4900 Scottsdale, AZ 85261-4900 To Whom it May Concern River Bluffs Development Corporation is applying for a modification to its CAMA Major Permit #30-13 for development activity on its property located off Chair Rd, Castle Hayne, New Hanover County, North Carolina. The specifics of the proposed work are described in the attached application package. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Should you have any objections to this proposal, please send your written comments within 30 days of your receipt of this notice to: Debra Wilson North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 Comments will be considered by the NC Department of Coastal Management in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 910-452-0001, or e-mail me at Rfinch@Imerouo.net Sincerely, Greg Finch, Agent Land Management Group, Inc. Enclosures RECEIVED www.lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 h DR 15 2019 DCM WILMINGTON, NO U.S. Postal Service,., CERTIFIED MAIL,. RECEIPT W. Domestic Mail Only; No Insurance Cc 23 � CAITOT - POMaje' O O CeNAed Fee C3flaNm Remlpt Fee (Endorsement Required) i0 ,r` Resbldod OdkerY Foo (WomomuMRoquifi) Ln a. o ru Total Postage & Pees Ln ss. On C3 wp --- alk V 0' r, O a. o Cr M 0 ,. r` Ln Postage• M O COW Foe c37 M Retum Reoolpl Fee -- (Endorsemenl Required) M w Ltad CONeryFoo r- (Endo,w MRequlfolq, Lrl FU ool Total Postage a Ps W. 11406 m�od 25 Pa41mid1 %a 04/10/ RECEIVED ""15 1 5 2019 DCM WILMINGTON, NC ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse So that we can return the card to you. ■ Attach this card to the back of the mallplectf; or on the front ff space permits. 1. Art1010 Atltlressed t0: GENAL, Ei�{ Vi W. Po ii. `u Sto1150A�L=,Rktzd^r &2A-`iytJD IIIIIIIIIIIIIIIIIIiilllllllllllllllllll 1111111 9590 9402 1614 6053 4483 65 7005 2570 0000 5703 9079 PS Form 3811, JDIy2016 PSN 7630-02-ogD-s053 D"' M1 0 I. Ir ❑Registered malum ❑ Rsspgleteretl Mull RBeGietetl m 0 Delivery ORetmnRmlptfgr Delivery Me hendlee ut Posle[ e 0 C3 Gemmed Fee 0 C3 Rehm R00001 Fee (Endmaement Requl" C3Reeldeled Ln Delivery Foo (Endorsement Rnquls p), 1 rta Toter Peerage & Feea Ul M1 AA���'��((r [[$LL8. a,'�rsYFI�w im X �i B. ReoeWBd if YES, E3 Agent ElAddressee, G a of cry SMI? tij Yes I1 'Yp° am ❑ PdodyMell Express® ❑Registered malum ❑ Rsspgleteretl Mull RBeGietetl Wl yell Reslrlcted Dellvery Delivery ORetmnRmlptfgr Delivery Me hendlee Delivery ROSMIed DeWery O 9l9na1mCoMemagonm 11 ❑elgnelureComm"lon II RoWdod Dalhwy, RwWoled Delivery .............v nc.mn nowips 61018 1 WV ON 'NOIDNIMIM No() ■ Complete Items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mallpiece, or on the front 0 space permits. 1. Article Addressed to: 4V 3 �.01150.A�1=, hkl-zdNA-lh'2d� _ y�jlJO 9590 9402 1614 6053 4483 65 7005 2570 0000 5703 9079 PS Form 3811, JD1y 2015 PSN 7630.02.000-0003 UN CERTIFIE (Domestic Mall For dellvory Inlorr, 1 1• J �• 0 ❑rftmell EaPreas® 13liegletaed C3 Gemmed Fee 0 C3 R9hXn Reeept Fee (EMoloement Requl" O i` ""d -led DolNery Feo (EldOMOMent RogWioj(), LnffAA N Total Poetege 8 Feee V) 18. Mall D Agent re eellvew seeress afferent sum Item 117 ip Yee If YES, enter delivery address belovi: M No ue IMM Ignalure ❑rftmell EaPreas® 13liegletaed Ienetraa ReeMoted Del" d Malls Maine ❑Roglslered Mall ResMoted De vary J MNl Restrlolod Delivery ❑ RaWln Recelpl for on Delivery M,.handlso on Ddlvary Reseklod Delivery 13819wha Confiraetlonn, Mall 11 SWitature Donamatlon Mall Reetdated DelNery, Fieseloted Dellvory, DOMMIJO ReturnRecelpt :1 RECEIVED DCM WILMINGTON, NC APR 18 2019 FCR Duos1R11`15„1F NC 05 9Zf fS0jgo 19r ur N 1D 1331 GENERAL WARRANTY DEED TITLE NOT EXAMINED NOR CERTIFIED BY PREPARER REVENUE:S MAIL AFTER RECORDING TO: /(14U4,RA�:5mmLn�' THIS INSTRUMENT WAS PREPARED BY: NORTH CAROLINA COUNTY OF NEW HANOVER PIN: R02400-002-002-000 Stephen C. Bailey The Law Firm Hutchens, Senler & Britton, P.A. THIS DEED made this 3 day of May. 2006, by and between Michial W, Rhodes, and wife, Gail R. Rhodes, hereinafter called Grantor, and Chau Road Assocla_tgsLLC:, a North na Limited Liability Company Whose mailing address is hereinafter called Grantee; y / ar6 The designation Grantor and Grantee as used herein shall Include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH That the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in New Hanover County, North Carolina and more particularly described as follows: SEE ATTACHED EXHIBIT'A' The property hereinabove described was acquired by Grantor by instrument recorded in Book 1756, Page 826 in the New Hanover County Registry, North Carolina. Reserving unto Michael W. Rhodes and wife, Gail R. Rhodes, a nonexclusive easement in gross, during their natural lives, to use any common amenities that are built or developed by Chair Road Associates, LLC, or any company in which Grantee or any of its principals have an equity interest, as part of the housing development, if any, to be located on the bercin described property. Said amenities may include but are not limited to pool, tennis, boat ramp, marina and gym facilities. 'rhe rights reserved herein shall be subject to the rules and regulations governing the use of said amenities as may be adopted by any owners association(s) created to own or manage the amenities and/or the development in which they are located or set forth in any restrictive covenants applicable to said amenities. The rights reserved herein are nonexclusive and may not be transferred to any other person. RECEIVED APR 15 2019 UCM WILMINGTON, NC TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the 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 hereinabove described is subject to the following exceptions: Restrictive covenants, easements and rights of way as may appear of record in the aforesaid registry, 2006 ad valorem taxes and all applicable zoning and land use ordinances. IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in the corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors, the day and year first above written. 1-d— {rl�Z..L��_ (SEAL) Michial W. Rhodes I,,H✓. k (SEAL) Gail R. Rhodes YeM!lYNYH«!}laMHeaq YlMMYHNatap YYlYgH H}ra}Ml HIe M}!Hr«}It}«Hie STATE OF NORTH CAROLINA 10h.w NA�06- COUNTY 1, sl/UmC4 C• 44 ztwy A Notary Public of the County and State aforesaid certify that Michial W. Rhodes and Gail R.Rhodes personally appeared before me this day, and (I have personal knowledge of the identity of the principal(s)(1 have seen satisfactorily evidence of the principal's identity, by a current state or federal identification with the principle's photograph in the form of a M-ky wai t r -w fn )(a credible witness has sworn to the identify of the principal(s)); each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated, Date; i''1 /-0 My Commission !HH}}}Y}Y4r♦ ♦,yiA♦ RECEIVED APR 15 2014 DCM WILMINGTON, NC EXRLW'A, A certain tract or parcel of land lying and being in Cape Fear Township, New Hanover County, North Carolina, and being a portion of that tract as described in Deed Bonk 598, at Page 25. BEGINNING on an iron, said iron being located the following bearings and distances from the end of Chair Road (S.R. 1332), the end of Chair Road (S.R. 1332) being 0.9 miles West of its intersection with U.S. 117, N 64 16 05 W with the center of dirt road 2036.28 feel to a point, thence continuing with said din road S 52 56 27 W 154.61 feet to a point, thence continuing with said dirt road S 28 25 53 W 470.91 feet to a point, thence continuing with said dirt road, S 35 It 14 W 346.91 feet to an existing Iron, thence with said dirt road S 34 17 13 W 225.00 feet to an iron in said road, being also a common comer with the Cameron land, thence leaving said road with the Cameron line N 68 29 08 W 714.25 feet to the point of beginning, Running thence from said point of beginning N 68 29 08 W 168.73feet to an existing iron, thence S 65 13 53 W 1767.70 feet to an iron line marker, thence continuing S 65 13 53 W 8.53 feet to a point on the top of the bank of the Northeast Cape Fear River, thence with the Northeast Cape Fear River S 05 06 07 W 121.77 feet to a point, thence continuing with said river S 24 2143 W 150.29 feet to a point, thence continuing with said river S 03 26 59 E 24.20 feet to a point, thence continuing with said river S 35 16 53 W 67.94 feel to a point, thence continuing with said river S 17 49 37 W 24.13 feet to a concrete monument, thence with an agreed line S 81 30 55 E 504.56 feet to an iron, thence with an agreed line S 68 20 00 E 502.96 feet to an iron, thence N 84 34 52 E 137.76 feet to an exiting iron, thence N 84 46 45 E 708.89 feet to an iron, thence N 02 25 19 W 495.78 Peet to an iron, thence N 07 44 02 E 737.07 feet to the point of beginning and containing 36.358 acres according to a survey by Hanover Design Services, P.A. in October and November, 1990. Being Tract B on a map recorded in Map Book 31, Page 216, New Hanover County Registry. All bearings are magnetic relative to Map Book 17, Page 7. Together with an easement for egress and ingress to and from said property and an existing dirt road, said easement being 30 feet in width and being located along the Northern boundary of said property and naming South 68 29 08 East 714.25 feet from the point of beginning and North 34 17 13 East 225.00 feet; as shown on that certain map entitled "Map of Rhodes Division" prepared by Hanover Design Services dated November 7, 1990. Less and except that Right of Way and Temporary Drainage Easement taken by the North Carolina Department of Transportation by Consent Judgment recorded in Book 4324, page 618 of the New Hanover County Registry (00 CVS 1801), New Hanover County and fiuther subject to the controlled access restrictions contained therein RECEIVED APR 15 2019 DDM WILMINGTON, NG REBECCA P. SMITH REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET Filed For Registration: Book: Document No.: NC REAL ESTATE EXCISE TAX: Recorder: WILMINGTON, NC 28401 Ni1HM1i'ttf Hif iHNil�f IiHi�ililHtNiIlii-#tiiitlftilltilltfifiliiM'fliHtH 06/0212006 11:30:50 AM RE 5031 Page: 976-979 2006031331 DEED 4 PGS $20.00 $2,421.00 SCOTT, NANCY A State of North Carolina, County of New Hanover YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT. PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING. *2006031331* RECEIVED 2006031331 APR 15 2019 DCM WILMINGTON, NC. 200gg3133t FM yR�F�0e151 VEF� R �EF�fK 0"os BI(: hC O STOP•9 fE 'I m� f1�raffii 1 : , V GENERAL WARR4NTY DEEP TITLE NOT EXAMINED NOR CERTIFIED BY PREPARER REVENUE:; MAIL AFTER RECORDING TO: IL( ro: 5m in L rYC" THIS INSTRUMENT WAS PREPARED BY: NORTH CAROLINA COUNTY OF NEW HANOVER PIN: R02400-002-002-000 Stephen C. Bailey The Law Firm Hutchens, Senter & Britton, P.A. THIS DEED made this31 day of May, 2006, by and between Michial W. Rhodes, and wife, Gail R. Rhodes, hereinafter called Grantor, and Chair Road Assoclat s LLC, a North �jna Limited Liability Company Whose mailing address is iJ� hereinafter called Grantee; ngxs 0.f6 The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH That the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in New Hanover County, North Carolina and more particularly described as follows: SEE ATTACHED EXHIBIT'A' The property hereinabove described was acquired by Grantor by instrument recorded in Book 1756, Page 826 in the New Hanover County Registry, North Cnrnlina. Reserving unto Michael W. Rhodes and wife, Gail R. Rhodes, a nonexclusive casement in gross, during their natural lives, to use any common amenities that are built or developed by Chair Road Associates, LLC, or any company in which Grantee or any of its principals have an equity interest, as part of the housing development, if any, to be located on the herein described property. Said amenities may include but are not limited to pool, tennis, boat ramp, marina and gym facilities. The rights reserved herein shall be subject to the rules and regulations governing the use of said amenities as may be adopted by any owners association(s) created to own or manage the amenities and/or the development in which they are located or set forth in any restrictive covenants applicable to said amenities. The rights reserved herein are nonexclusive and may not he transferred to any other person. RECEIVED APR 15 2019 DCM WILMINGTON, NC TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the 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 hereinabove described Is subject to the following exceptions: Restrictive covenants, easements and rights of way as may appear of record in the aforesaid registry, 2006 ad valorem taxes and all applicable zoning and land use ordinances. IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seat, or if corporate, has caused this instrument to be signed in the corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors, the day and year first above written, (SEAL) Michial W. Rhodes W k PJ." (SEAL) Gail R. Rhodes ++YNMlHlHYYlr++YYYq Hr!!!!rrl H+NRr!!!lANNf HMYY!!rr•MY4 Nll r!!iN lY STATE OF NORTH CAROLINA Nh:W Nn -4011):x- COUNTY I, S7ILANV4 e • /74i4&7/ , A Notary Public of the County and State aforesaid certify that Michial W. Rhodes and Gail R. Rhodes personally appeared before me this day, and (1 have personal knowledge of the identity of the principal(s)(I have seen satisfactorily evidence of the principal's identity, by a current state or federal identification with the principle's photograph in the form of aPA-p�wni (a credible witness has sworn to the identify of the principal(s)); each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated. Date; �'^3 /-I My Commission rY++rrrY+rlrl+ RECEIVED APR 15 '019 DCM WILMINGTON, NC EXWO" `A' A certain tract or parcel of land lying and being in Cape Fear Township, New Hanover County, North Carolina, and being a portion of that tract as described in Deed Ronk 598, at Page 25. BEGINNINO on an iron, said iron being located the following bearings and distances from the end of Chair Road (S.R. 1332), the end of Chair Road (S.R. 1332) being 0.9 miles West of its intersection with U.S. 117, N 64 16 05 W with the center of a dirt road 2036.28 feet to a point, thence continuing with said dirt road S 52 56 27 W 154.61 feet to a point, thence continuing with said dirt road S 28 25 53 W 470.91 feet to a point, thence continuing with said dirt road, S 35 It 14 W 346.91 feet to an existing iron, thence with said dirt road S 34 17 13 W 225.00 feet to an iron in said road, being also a common comer with the Cameron land, thence leaving said road with the Cameron line N 68 29 08 W 714.25 feet to the point of beginning. Running thence from said point of beginning N 68 29 08 W 168.73feet to an existing iron, thence S 65 13 53 W 1767.70 feet to an iron line [Harker, thence continuing S 65 13 53 W 853 feet to a point on the top of the bank of the Northeast Cape Fear River, thence with the Northeast Cape Fear River S 05 06 07 W 121.77 feet to a point, thence continuing with said river S 24 2143 W 150.29 feet to a point, thence continuing with said river S 03 26 59 E 24.20 feet to a point, thence continuing with said river S 35 16 53 W 67.94 feet to a point, thence continuing with said river S 17 49 37 W 24.13 feet to a concretemonument, thence with an agreed line $ 81 30 55 E 504.56 feet to an iron, thence with an agreed line S 68 20 00 E 502.96 feet to an iron, thence N 84 34 52 E 137.76 feel to an exiting iron, thence N 84 46 45 E 708.89 feet to an iron, thence N 02 25 19 W 495.7R feet to an iron, thence N 07 44 02 E 737.07 feet to the point of beginning and containing 36.358 acres according to a survey by Hanover Design Services, P.A. in October and November, 1990. Being Tract B on a map recorded in Map Book 31, Page 216, New Hanover County Registry. All bearings are magnetic relative to Map Book 17, Page 7 - Together with an easement for egress and ingress to and from said property and an existing dirt road, said easement being 30 feet in width and being located along the Northern boundary of said property and naming South 68 29 08 Fast 714.25 feet from the point of beginning and North 34 17 13 East 225.00 feet; as shown on that certain map entitled "Map of Rhodes Division" prepared by Hanover Design Services dated November 7, 1990. Less and except that Right of Way and Temporary Drainage Easement taken by the North Carolina Department of Transportation by Consent Judgment recorded in Book 4324, page 618 of the New Hanover County Registry (00 CVS 1801), New Hanover County and further subject to the controlled access restrictions contained therein RECEIVED APR 15 2019 DCM WILMINGTON, NC REBECCA P. SMITH REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET Filed For Registration: Book: Document No.: NC REAL ESTATE EXCISE TAX: Recorder: WILMINGTON, NC 28401 06/02/2006 11:30:50 AM RE 5031 Page: 976-979 2006031331 DEED 4 PGS $20.00 $2,421.00 SCOTT, NANCY A State of North Carolina, County of New Hanover YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT. PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING. *2006031331* 2006031331 RECEIVED APR 1 5 2019 DCM WILMINGTON, NC FOR RE- stm W RE61a(5H OF 0EEU5 2889 SEP 2 e2:87:49 PN 8KN9 P8:671-676;FEE : 26 N INSiRI�IENi7N 100903300 (Excise Tax) $1,244.00 MO Recording time, Book and Page Tax Parcel No. R02400-002-003-000 Prepared By and lames A. MacDonald, Attorney Return To: Allen, MacDonald & Davis, PLLC 1508 Military Cutoff Road, Suite 102 Wilmington, North Carolina 28403 After recording mail to: River Bluffs Development Corporation 7036 Wrightsville Avenue, Suite 101 Wilmington, North Carolina 28403 STATE OF NORTH CAROLINA WARRANTY DEED COUNTY OF NEW HANOVER THIS DEED, made this -L14 day of September, 2009, by and between ELIZABETH B. KERR, widow, Grantor and RIVER BLUFFS DEVELOPMENT CORPORATION, Grantee. The designation Grantorand Grantee as used herein shall include said parties, their heirs, successors, and assigns, end shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH: THAT the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has granted, bargained, sold and conveyed and by these presents does hereby grant, bargain, sell and convey unto the said Grantee, its successors and assigns, in fee simple, all that certain lot or parcel of land situated in the County of New Hanover, and State of North Carolina, and more particularly described as follows: SEE EXHIBIT "A^ ATTACHED HERETO AND INCORPORATED AND AS IF FULLY SET FORTH HEREIN. Together with all and singular the tenements, hereditaments and appurtenances thereunto belonging, or in anywise appertaining. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and apptuierwnces therein belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, and have the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, except 2009 ad valorem taxes, and New Hanover County building and zoning ordinances and utility easements ofrecord, if any, and that Grantor will WARRANT and DEFEND the title against the lawful claims of all persons whomsoever except for exceptions herein stated. Return To: Shanklin & Nichols, LLP 214 Market St, Wilmington, NC 28401 RECEIVED APR 15 2019 DCM WILMINGTON, NC ELUA ETH B. KERR STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, !?i..1t2 i . a Notary Public in and for the State and County afo�d, do hereby ce ify that 2 LIZABETH B. KERN, personally came before me this date and acknowledged the due execution of the foregoing instrument. WITNESS my hand and Notarial Seal, this —LZ day of September, 2009. Notary e•:..... My Commission Expires: S11 11 <,:. :4i Dov ;c> ., PU6��' �RNOVf RECEIVED APR 15 2019 DCM WILMINGTON, NC EXHIBIT -�_ Description for River Bluffs Development Corporation 16.22 Acres Cape Fear Township, New Hanover County, NC Beginning at an existing iron rod in the common property line of (now or formerly) Robert M. Manning as referenced in Deed Book 4956 Page 1653 and Chair Road Associates, LLC as referenced in Deed Book 5031 Page 976 in the New Hanover County Public Registry. Said existing iron rod being S 810 01' 24" W 137.70' from an existing iron pipe that is S 810 15' 23" W 368.80' from an existing iron rod in the Western right of way of U.S. 1-140 (U.S. 17 Wilmington Bypass) which is S 58° 11' 28" W 9169.82' from the NCGS Monument "Paper" that has coordinates of N - 211,738.077' and E - 2,325,563.594' as referenced to NAD 83 (1986). Said existing iron pipe being the place and Point of Beginning. 1.) Thence from said Point of Beginning and with said common property line of (now or formerly) Robert M. Manning and running S 81' 07' 29" W 101.34' to an existing iron pipe in the common property line with (now or formerly) John C Kerr Revocable Living Trust as referenced in Deed Book 4380 Page 737. 2.) Thence with said common property line and running S 820 50'22" W 356.66' to a new iron pipe in the common property line of (now or formerly) Chair Road Associates, LLC as referenced in Deed Book 5031 Page 980. 3.) Thence with said common property line and running S 760 34' 14" W 716.97' to an existing iron pipe in the high water line of the Northeast Cape Fear River. 4.) Thence with the high water line of the Northeast Cape Fear River a meander line of N 080 07' 51" W 41.42' to a point. 5.) Thence continuing S 810 52'09" W 44.86' to a point. 6.) Thence continuing N 690 37' 41" W 42.25' to a point. 7.) Thence continuing N 060 14'23" W 20.20' to a point. 8.) Thence continuing N 100 39' 59" W 42.55' to a point. C 9.) Thence continuing N 43' 08'33" E 35.88'to a point. _-10.) Thence continuing N 49° 15'48" E 79.45'to a point. 11.) Thence continuing N 360 00' 59" E 188.91' to a point. RECEIVED APR 1 5'019 DCM WILMINGTON, NC Description for River Bluffs Development Corporation 16.22 Acres Cape Fear Township, New Hanover County, NC 12.) Thence continuing N 230 25' 22" E 95.84' to a point in the common property line of Chair Road Associates, LLC as referenced in Deed Book 5031 Page 976. 13.) Thence leaving the high waterline of the Northeast Cape Fear River and with said common property line and running S 850 01'04" E 541.10' (passing over an existing concrete monument at 36.62') to an existing iron rod. 14.) Thence continuing S 710 53'28" E 503.28' to the place and point of beginning. Containing ±6.22 Acres and being the property of (now or formerly) Elizabeth B. Kerr as referenced in Deed Book 925 Page 563 and being shown on a survey by Talbot Land Surveying, PC for River Bluffs Development Corporation dated September 17, 2009. A copy of said survey by Talbot Land Surveying, PC dated September 17, 2009 is attached hereto. RO CA e tsSt '{q '•, 9 SEAL L•4099 ' RECEIVED 2 APR ] 5 1019 ')CM WILMINGTON, NC "THIS MAP IS NOT A CERTIFIED SURVEY AND HAS NOT BEEN REVIEWED BY A LOCAL GOVERNMENT AGENCY FOR COMPLIANCE WITH ANY APPLICABLE LAND DEVELOPMENT REGULATIONS.' REDUCED COPY (NOT TO SCALE) RECEIVED APR 1 5 X019 DCM WILMINGTON, NC JENNIFER H. MACNEISH REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 •IRIf RR{tf ii{iiflif R{R1iif RtiillRiif{RiRiff{i11M{tR1fi3{t3RRR11f{}t11i{RiY{i1i11ff1iiR11i1tiflflfifiiRif3{f RRRfll Rif tRR Filed For Registration: 09/2212009 02:07:49 PM Book: RE 5439 Page: 571-576 Document No.: 2009033184 6 PGS $26.00 NC REAL ESTATE EXCISE TAX: $1,244.00 Recorder: CARTER, CAROLYN State of North Carolina, County of New Hanover PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT. *2009033184* 2009033184 RECEIVED APR 1 5 ^019 DCM WILMINGTON, NC 2010111111111 I I NIII II I II I Iilll 11111111!1 IIIA 14000208 FOR RE015TRRT100 REGISTER Or DEEDS NEyMHgNOVERDLOUNRYLENC 2014 JAN 03 03 44 3B PM BK 5791 PG 1691-1696 FEE $26 00 NC REV STAMP $4,760 00 I61PREN1 # N1NN DEED Parcels. Portion of R02500-001-005-000, Portion of R02400-002-001-000, R02500-001-064-000, and Portion of R02400-002-002-000 Revenue Stamps- $4,760 00 ❑ if checked, the property includes the primary residence of at least one of the parties depicted as party of the first part (N C. Gen. Stat. § 105-317.2) STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER b• THIS DEED, made and entered into this the 51 day of December, 2013 by and between CHAIR ROAD ASSOCIATES, LLC, A NORTH CAROLINA LIMITED LIABILITY COMPANY, party of the first part (the address of the party of the first part is 1295 Northern Boulevard, Suite 17, Manhasset NY 11030), and RIVER BLUFFS DEVELOPMENT CORPORATION, A NORTH CAROLINA CORPORATION, party of the second part (the address of the party of the second part is 1295 Northern Boulevard, Suite 17, Manhasset NY 11030) WITNESSETH That the party of the first part in consideration of the sum of Ten and No/100 Dollars ($10 00) and other good and valuable considerations to said party paid by the party of the second part, the receipt of which hereby is acknowledged, and in connection with the Prepared by Ward and Smith, P.A., 127 Racine Drive, University Corporate Center (28403), Post Office Box 7068, Wilmington, NC 28406-7068 Please return to Ward and Smith, P.A, 127 Racine Drive, University Corporate Center (28403), Post Office Box 7068, Wilmington, NC 28406-7068 Attention Samuel B. Franck No opinion on title is rendered by Ward and Smith, P.A., without a separate written opinuftbE1VED title from Ward and Smith, P.A. l: APR 15 'mq GTON, NC recombination of parcels described on that certain survey entitled "Recombination Plat River Bluffs Phase 1 & 2 Chair Road," recorded in Map Book 58, at Page 341, in the office of the Register of Deeds of New Hanover County, North Carolina (the "Recombination Plat"), has bargained and sold and by these presents does bargain, sell and convey unto the party of the second part, said party's successors and assigns, the following described property, to wit All that certain tract or parcel of land lying and being situate in Cape Fear Township, New Hanover County, North Carolina, and being more particularly described on Exhibit A attached hereto and incorporated herein by reference This conveyance is made subject to easements of record or on the ground, restrictive covenants of record, and ad valorem taxes for the current year, which taxes the party of the second part, by accepting this deed, agrees to pay. TO HAVE AND TO HOLD said property and all privileges and appurtenances thereunto belonging to the party of the second part, said party's successors and assigns forever And the party of the first part covenants that said party is seized of said property in fee and has the right to convey same in fee simple; that the same is free from encumbrances except any encumbrances or restrictions mentioned above and that said party will warrant and defend the title to the same against the lawful claims of all persons whomsoever And furthermore, the party of the first part hereby adopts the plan of recombination described on the Recombination Plat with its own free consent and dedicates all streets, alleys, walks, parks conservation space and other areas to public or private use as noted on the Recombination Plat. [SIGNATURE ON FOLLOWING PAGE] RECEIVED APR 15 1019 .., IN TESTIMONY WHEREOF, the party of the first part has caused this instrument to be executed under seal and in such form as to be binding, this the day and year first above written. CHAIR ROAD ASSOCIATES, LLC (SEAL) By JLC ASSOCIATES, LLC, Manager By Wilmington Holding Corp, Sole Member -Manager n/ By: Q /V Thomas A. Nuzio, Vice lVesident RECEIVED pQp 1 5 DCM WILMINGTON ti STATE OF /V'EW yo rK COUNTY OF Nfl tsaw I certify that the following person personally appeared before me this day, acknowledging to me that he signed the foregoing document for the purpose(s) stated therein, to the capacity indicated therein: Thomas A. Nuzio. Date: /,3-3/- /3 14Vie- <_,. ' Signature of Notary Public SuSa+j 66/ti(7/jsyr Jw Notary's printed or typed name My commission expires /6 a0/7 (Oficial Seal) SUSAN BENJAMN "O„y ppbucl State of N YOAt No.OtBE8202590 °iWedIn tta<ond Gm ta t Notary seal or stamp must appear within this box 060977-00004 ND 4813.6922-6775, v 1 RECEIVED pPR 15 7019 DCM WILMINGTON, NC EXHIBIT A All that certain tract or parcel of land lying and being situate in New Hanover County, North Carolina, and being more particularly described as follows. Being all of Phase I containing 51.13 acres, more or less, as depicted on a survey entitled "Recombination Plat River Bluffs Phase 1 & 2 Chair Road," prepared by Talbot Land Surveying, P.C., dated December 12, 2013, and recorded in Map Book 58, at Page 341, in the office of the Register of Deeds of New Hanover County, North Carolina (the "Recombination Plat"), said Recombination Plat being hereby referenced for a more particular description LESS AND EXCEPT any portion of the above described Phase IA not currently owned by the party of the first part, specifically including portions of the property described in the Deed dated May 27, 2011, recorded in Book 5578, at Page 1333, and in the Deed dated December 14, 2011, recorded in Book 5606, at Page 2142, both in the office of the Register of Deeds of New Hanover County, North Carolina. SUBJECT TO AND RESERVING unto the party of the first part, its successors and assigns, a non-exclusive easement for the benefit of Phase 1B and Phase 2 depicted on the Recombination Plat, for: (i) access over, across and through, and for (n) the installation, operation, and maintenance of utilities over, across and through, the easement area depicted on said Recombination Plat as "30' Access & Utility Easement" (collectively, the "Easements") RECEIVED 4 DR 15 9019 DCM WILMINGTON, NC TAMMY THEUSCH BEASLEY REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 fRRIRIf if llf Yi1f 41R1lRf1f 1\1RRf Xf11if 11RRRRI11R111f IRrIf RliXlf lff11r1RRR11f!lllfllfiRRfirf if lRf 1f1Y1f !1X11 ff RR11f 11rrrfr Filed For Registration: 01/03/2014 03:44:36 PM Book: RE 5791 Page, 1691-1696 Document No.: 2014000208 6 PGS $26.00 NC REAL ESTATE EXCISE TAX: $4,760.00 Recorder: HUGHLEY, CAROL State of North Caroliha, County of New Hanover PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT. *2014000208* 2014000208 RECEIVED ASR 15ITQ, DC" WILMINGTON, NC CILU C Irl I 1 o I�__� CO �Sj j �I _- V m N o 5 Ur O J �Il II 11'I� _ I Z O E '_ V I rI I I O J J 2 O f) z H I I I m z 'N Z d 0 C ^, Q J Y C �y / W O Q p LL o LD co r ✓ U Q UL O C O i / I / u e�'J F C7 l^ -^` U C= O cn O U O c-C) Q l 111 ;. ( J o o` W L f1 V N 11 I - �S i'�. ��/� Qi U Q co 0 ry:3 Q ^^WII O O Jamas �v M S!i \(I -0 W > Zco 0 R C N O J W X w n Nc -0 N 0 >co J _ M �. wwa a LO�\ .� zzzLO ~„M A. a 0o r� a W 8 . ZZO*I3'n a /... � � W Q w � ooa .1 Cfl � \\ (n LLZm 041, 1, w \ L O I O. - NM ., O a 0 LO cn � cn \ Q +1' U L Q) O a` c E O "= O z a m m OLL VJ ^L JQ- co N m Can)LL O U U CO 'E m m a o(D 0 0 U U E E a Cno d (D o �/ r- co M LL d 0 --------------------------- - - "---' --- -__� ---- - - 1 - ___________________ I I 1 1O M A I � \ 1p 1 _ m z C7 O Zmo N ti 1 I w N Q O N a m COD 2 U)ZW Z Z Q O o m ww 0 F- O vi o w H a 0 U) Q O Z Z W v o } Q F a 0 J 0 U) W Z � - c a — M w - W M w e Z}OF- W mE� E b Z U) �� NL 16 _ M O �U)C\i a C 3> wWw� ¢0 a p D N m v ON F U 0 0) iJ d J WCLN W (� 2 Q z Z z W a F LO OC9 O � ZZo0 � N= L W ¢ W CL �' N ��cna LLZin<z t w O U),,N^ W Lr - F0 0 I N O U rn C m aW z Q a m c J w a/ C ( U C L N W a) _- U) L In U o 0 m m Q. U) 1) i U) J J W h 0 U U a / in /oil f e � u/ i � -f 7 O U ♦ .. / /' / / / /wA tp: Vin, — �— /R� /�� �_ C� 0— (LVL W 5(LLJ - -- ----- O _Q (n Q (h.,_ 0- `/ Q (6 i a) a ; Q (6 -6 /, W' , i 01 1-, , h 10 .yy s I l 1 � i 1 , aP� l 1 (V Z Gvio#inn Dilinn fnr TYPICAL LIVING SHORELINE CROSS SECTION NOTES: 1. FOR ENVIRONMENTAL PERMITTING ONLY. NOT FOR CONSTRUCTION. 2. NOT AN ENGINEERED OR SURVEYED DRAWING. 3. BASE DRAWING PROVIDED BY NORRIS & TUNSTALL ENGINEERING. �;LMG LAND MANAGEMENT GROUP 3805 Wrightsv ilea 1111111111rA�, Suite h Wilmington, North Carolina 28403 Project: River Bluffs CAMA Permit 30-13 Living Shoreline Major Modification Proposed Living Shoreline Profile A RECEIVED MAY 31 2019 DCM WILMINGTON, NC Revision Date: 4/12/19 N/A ,. Job Number: NTS LMG11.189 to By: Figure: 4of5 0) N z Z TYPICAL MARSH SILL AND LIVING SHORELINE CROSS SECTION NOTES: 1. FOR ENVIRONMENTAL PERMITTING ONLY. NOT FOR CONSTRUCTION. 2. NOT AN ENGINEERED OR SURVEYED DRAWING. 3. BASE DRAWING PROVIDED BY NORRIS & TUNSTALL ENGINEERING. LMG f D MANAGEMEN[ GROUP 3805 Waphtsvill�le A., 'C.7 3805 IilminOton, North Carolina 28403 River Bluffs CAMA Permit 30-13 Shoreline Major Modification Proposed Marsh Sill and Living Shoreline Profile B RECE1V80 MAY 31 2019 DCM WILMINGTONAD 4/12/19 N/A Scale: Job Number: 1"=8' LMG11.189 GSF 5 of 5