20061040 Ver 4_CAMA Application_20190903

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: Southport Marina, Inc.
2. LOCATION OF PROJECT SITE: 606 W. West Street, adjacent to the Atlantic Intracoastal Waterway, within
the Town of Southport, in Brunswick County
Lat:33055'09.53799"N Long: 78101'42.38401"W
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 7/23/19
Was Applicant Present - Yes (Agent)
5. PROCESSING PROCEDURE: Application Received - 7/3/19 Complete - 8/7/19
(B) Non -Vegetated Wetlands (Open Water)
Office - Wilmington
6. SITE
DESCRIPTION:
(A)
Local Land Use Plan- Southport
Land Classification From LUP - Open Space/VLDR
(B)
AEC(s) Involved: ES
(C)
Water Dependent: Yes
(D)
Intended Use: Public
(E)
Wastewater Treatment: Existing- Public sewer
Planned- Same
(F)
Type of Structures: Existing- 251 wet slip marina, 400 unit dry stack storage "slips", office
building, parking areas, travel lift,bulkheads.
Planned- Add 218 -unit dry stack storage building, clubhouse, pool,
parking area and boardwalk.
(G)
Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands (Coastal / 404)
(B) Non -Vegetated Wetlands (Open Water)
(C) Other - Highgrountl disturbance
(D) Total Area Disturbed: -4.0 Acres
(E) Primary Nursery Area: No
(F) Water Classification: SC Open: No
8. PROJECT SUMMARY: Major modification request to Permit No. 99-01 for construction of a 218 -unit dry
stack storage building, additional concrete parking area and a new 8 ft. wide boardwalk on the western side
of the existing marina.
EpOM.,IN4MrvmWal OV Wr�
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

Southport Marina, Inc.
Page 2
a
The project site is located at 606 W. West Street, adjacent to the Atlantic Intracoastal Waterway, within the
Town of Southport, in Brunswick County. To locate the property from Wilmington, travel south on NC Hwy -
133 to Southport. Turn left on N. Howe Street and travel approximately 1.3 miles to W. West Street. Tum
right onto W. West Street and travel approximately 0.45 miles to the Southport Marina property.
The property is a 44 -acre tract of land owned by the North Carolina State Ports Authority and leased to
Southport Marina, Inc. The existing marina is a full-service facility consisting of 251 permitted wet slips,
boat ramps, a fork lift haul out/dropzone and a 75 -ton open hoist travel lift. The facility also includes a boat
ramp, shower and laundry facilities, pump out station, a full service boat yard and fuel. The existing facility
consists of: A, B and C -Docks with floating docks and finger piers along each side (the end of C -Dock also
includes an existing covered dock house and fueling docks) and D -Dock and E -Dock, with associated finger
piers. These are all located east of the fork lift dropzone. The western side of E -Dock also serves as a
staging area for the dropzone. A long, U-shaped dock is located on the far west end of the basin. A
restaurant, marina office, parking areas and 400 dry slip racks are located on the high ground portion of the
property.
The property is bordered by Cottage Creek to the west, the AIWW to the south and the Southport Yacht
Basin to the east. The marina facility pre -dates the Coastal Area Management Act, however, the facility has
been issued State Permits for maintenance excavation of the marina basin and modifications / additions to
the docking structures. (See State Permits 5-75,138-87, 32-95 and 99-01.) The most recent permit (99-01)
authorized the maintenance excavation of the existing basin to a depth of -6 feet at MLW and added
floating docks. A modification to State Permit 99.01 was issued on November 17, 2003, authorizing the
construction of additional floating docks. A modification on April 17, 2006 authorized the maintenance
dredging of the boat basin, the construction of a 12' wide by 612' long boardwalk along the marina basin
and modifications to the docks. A CAMA General Permit (No. 44036D) was issued on May 1, 2006 for the
replacement of the existing boat ramp dock. On September 20, 2006 a major modification of State Permit
99-01 was issued authorizing replacement and expansion of the docking facility to accommodate a total of
251 vessels in wet slips, construction of a new forklift pad, an elevated boardwalk and fill of the previously
existing lift well. A refinement to this permit was issued on November 28, 2007 authorizing reconstruction of
the dry stack facility, paving and installing gravel over existing parking areas, constructing a new boardwalk
end adding decks over existing impervious. Southport Marina, Inc. modified the permit on January 16, 2009
for an additional 72 dry slips and again on December 2, 2008 for an additional 161 dry stack storage slips to
accommodate a total of 400 vessels in dry storage. State Permit No. 99-01 was last modified on December
19, 2018 for an increase in excavation depth to -8 ft. (-6 ft. + 2 ft. overdredge allowance) at NLW within the
Marina Basin, this modification also included an expansion of the dredge footprint to include the US Army
Corps of Engineers safe harbor area. The permit was last renewed on June 14, 2015 and is due to expire
on January 28, 2020.
The waters of the AIWW in this location are classified as "SC" by the North Carolina Division of Water
Resources. The area is NOT designated as a Primary Nursery Area by the North Carolina Division of
Marine Fisheries and is closed to the harvest of shellfish.
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

Southport Marina, Inc.
Page 3
The applicant is currently proposing a Major Modification request to Permit No. 99-01 for construction of a
218 -unit dry stack storage building, additional concrete parking area and a new 8 ft. wide boardwalk on the
western side of the existing marina. The proposal would further expand the marina with an additional dry
stack facility to accommodate an additional 218 vessels, creating a total of 618 dry slips. The proposed
building would be partially over an existing impervious parking area and partially over undeveloped sand
storage/staging areas. The dry -stack storage building would measure 260 ft. in length, 170 ft. in width (-
44,200 sq. ft.) and 50 ft. in height, which exceeds the City of Southport Unified Development Ordinance for
building height. The City of Southport approved this project in a letter dated August 13, 2019 (attached). A
91 sq. ft. portion of the dry stack building would impact the 75 ft. AEC, according to the applicant the only
other disturbance within the AEC would be grading and a proposed stormwater retention swale (see
Narrative and Drawing Sheets 2 and 3 of 4). Please note that the applicant omitted a proposed clubhouse
and pool on August 26, 2019 and drawings were revised just prior to Bio submittal.
The new proposed parking area and western portion of the dry stack building would be constructed over the
existing City of Southport Wastewater Treatment Facility. A copy of the Offer to Purchase and Contract is
included with the application. The proposed parking area, portion of the dry stack, clubhouse and pool
would create new impervious surface outside of the 75 ft. Estuarine Shoreline AEC. According to the
application drawings the maximum dimension of the parking area is approximately 200 ft. in length by 280 ft,
in width (-56,000 sq. ft.). A Stormwater Permit for this project is currently pending.
A proposed 8 ft. wide wooden boardwalk would connect the new parking area to the existing walkway and
pier leading to the marina wet slips. The boardwalk would extend approximately 120 ft. south from the new
parking area into the 75 ft. Estuarine Shoreline AEC and then turn east for approximately 200 ft. to connect
to the existing boardwalk. Approximately 200 sq. ft. of the boardwalk would be within the 30 ft. Coastal
Shoreline Buffer. (see Drawing Sheet 2 of 4).
No wetlands are proposed to be impacted but the applicant has included the Jurisdiction Determination
dated September 12, 2016 from the USACE. The Coastal Wetland line was verified on site by DCM staff
and MHW was determined via survey, which was sealed and stamped on August 2, 2019 (see Survey
Sheets 1-9).
10. ANTICIPATED IMPACTS:
The project would result in approximately 4 acres of high ground disturbance with up to 100,200 sq. ft. of
additional impervious surface almost entirely outside of the 75 ft. Estuarine Shoreline AEC. Portions of the
proposed dry stack building would be constructed over existing impervious surface with 91 sq. ft. extending
into the 75 ft. Estuarine Shoreline AEC. The new proposed 2,560 sq. ft. of boardwalk would extend into
both the Estuarine Shoreline AEC and the 30 ft. Coastal Shoreline Buffer. The additional dry slips will likely
result in increased boat traffic in public trust area and estuarine waters.
Submitted by: T. MacPherson Date: 8/26/19 Office: Wilmington
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

3. DCM MP -1 Section 6.0 Additional Information
3.1 Section 6. a. Project Narrative
The project area is located on the Atlantic Intracoastal Waterway at 606 W. West Street in Brunswick County and consist
of two tax parcels. Southport Marina, Inc. has submitted an offer to purchase adjacent Brunswick County Parcel 237LF021
which is the location of the former Southport Wastewater Treatment Facility. Southport Marina is requesting a CAMA
Major Modification to permit #99-01 in order to construct an approximate 260'x 170' dry stack boat storage facility with
associated parking and walkway on the site of the former wastewater treatment facility. Southport Marina, Inc. is
currently seeking approval from the City of Southport to allow a 50' height for the boat storage facility. The boat storage
facility will be constructed per the contractor recommendations using typical construction materials. A rendering and
typical profile picture of the proposed boat storage facility is included in Appendix B. The proposed walkway measures
approximately 318'x 6' and will connect with the existing marina walkway. Walkway deck boards will be installed 3'-4'
above existing grade over coastal wetlands.
Sedimentation and erosion control plans are pending submission along with the stormwater plan.
Construction will occur on the western portion of the property within an approximate 4 -acre area. Clearing and grading
activities within the AEC will include the proposed stormwater retention swale, proposed walkway, proposed dry stack
building, existing forklift operation area and associated infrastructure. The only impervious construction taking place
within the 75' AEC is an approximate 91 sq. ft. portion of the dry stack storage building. All additional construction in the
project area will take place outside of the 75' AEC. There are no proposed impacts to waters of the United Stated or
coastal / 404 wetlands.
RECEIVED
AUG 2 6 2019
DCM WILMINGTON, NC
CAMA Permit 99-01 Major Modification Request for Dry Stack Storage Facility — July 2019
Southport Marina, Inc.
Brunswick County, North Carolina 8

1. Form DCM-MP-1
APPLICATION for
Major Development Permit
(last revised 12/27/06)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/ LandownerInformation
Business Name
Project Name (if applicable)
Southport Marina, Inc.
Southport Marina Dry Stack Storage Facility
Applicant 1: First Name
MI
Last Name
Thad
NA
Moore
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
State
101 Weston Estates Way
Cary
NC
ZIP
Country
Phone No.
FAX No.
27513
USA
919-481-3000
NA
Street Address (if different from above)
City
State
ZIP
NA
Phone No. 1
Email
[e-mail]
2. Agent/Contractor Information
Business Name
Land Management Group
Agent/ Contractor 1: First Name
MI
Last Name
Andy
Dortch
Agent/ Contractor 2: First Name
MI
Last Name
Greg
Finch
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
State
ZIP
NA
Email
adortchCaDlmgrouo.net; gfinchODInngrouo.net
REGEIVEU
CAMA Permit 99-01 Major Modification Request for DryStack Storage Facility—July 2019 J 1 11 II •i I U ly
Southport Marina, Inc.
Brunswick County, North Carolina DCM WILMINGTON, NC

3. Project Location
County (can be multiple)
Street Address
State Rd. #
Brunswick
606 W. West Street
NA
Subdivision Name
City
Stale
Zip
NA
Southport
NC
28461
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
Cape Fear River
AI W W
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
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 ❑No
work falls within.
Cottage Creek to the west.
City of Southport
4. Site Description
a.
Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.ft.)
+/- 3,3001.f.
2.16 million s.f.
c.
Size of individual lot(s)
d. Approximate elevation of tract above NHW (normal high water) or
NA
NWL (normal water level)
(If many lot sizes, please attach additional page with a list)
0' to 8' ®NHW or ❑NWL
e.
Vegetation on tract
Typical coastal wetland species, shrubs and trees.
f.
Man-made features and uses now on tract
Much of the tract is currently Southport Marina (a boat dry storage and docking facility). The western portion of the tract is the
City of Southport former wastewater treatment plant site.
g.
Identify and describe the existing land uses adjacent to the proposed project site.
Wooded and light residential to the north, light residential and docking facilities to the east, Intracoastal Waterway to the south,
Cottage Creek to the west.
h.
How does local government zone the tract?
i. Is the proposed project consistent with the applicable zoning?
SP -OS (Open Space), SP -R-10 (Residential District), &
(Attach zoning compliance certificate, if applicable)
SP -BD (Business District)
®Yes ❑No [INA
j.
Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No
k.
Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No []NA
If yes, by whom?
I.
Is the proposed project located in a National Registered Historic District or does it involve a National ❑Yes ®No ❑NA
Register listed or eligible property?
RECEIVED
CAMA Permit 99-01 Major Modification Request for Dry Stack Storage Facility —July 2019
Southport Marina, Inc. pGM WILMINGTON, NC
Brunswick County, North Carolina 3

m. (i) Are there wetlands on the site? ®Yes ❑No
(ii) Are there coastal wetlands on the site? ®Yes ❑No
(iii) If yes to either (i) or (ii) above, has a delineation been conducted? ®Yes ❑No
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
Municipal.
o. Describe existing drinking water supply source.
Municipal.
p. Describe existing storm water management or treatment systems.
Infiltration swales (no pipe discharge)
5. Activities and Impacts
a. Will the project be for commercial, public, or private use? ®Commercial ❑Public/Government
❑Private/Community
b. Give a brief description of purpose, use, and daily operations of the project when complete.
To provide boating access to patrons and guests.
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.
Typical construction methods are to be used including land based heavey machinery. Storage of land bound machinery may
occur on site.
d. List all development activities you propose.
Construction of a dry stack storage facility and associated parking. �2�a 161,1 J
e. Are the proposed activities maintenance of an existing project, new work, or both? New work
f. What is the approximate total disturbed land area resulting from the proposed project? +/-4.0 ❑Sq.Ft or ®Acres
g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No [-INA
that the public has established use of?
h. Describe location and type of existing and proposed discharges to waters of the slate.
Existing surface runoff and infiltration. Proposed engineered stormwater plan to be permitted.
i. Will wastewater or stormwater be discharged into a wetland? - No new discharges ❑Yes ®No ❑NA
If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ®NA
j. Is there any mitigation proposed? ❑Yes ®No [INA
If yes, attach a mitigation proposal.
RECEIVED
11 11 I) :3 2019
CAMA Permit 99-01 Major Modification Request for Dry Stack Storage Facility —July 2019
Southport Marina, Inc.
Brunswick 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 major development application. Please consult the application instruction
booklet on how to properly prepare the required items below.
a. A project narrative.
b. An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale. Please give the present status of the
proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish
between work completed and proposed.
c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site.
d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties.
e. The appropriate application fee. Check or money order made payable to DENR.
I. 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 Admiral Holdings, LLC Phone No. NA
Address 6432 Shinn Creek Lane Wilmington NC 28409
Name City of Southport Phone No. NA
Address 1029 N Howe Street Southport, NC 28461
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.
Modification / Minor CAMA Major permit#99-01, Southport General Water Quality Certification GC4144, Southport Marina
Marina, Inc. 12/19/2018 Inc. 11/8/2018
N.C. Division of Water Resources project no. 2006-1040v3 U.S. Army Corps of Engineers action ID No. SAW2006-32803 /
SAW -2001-00941
Permit renewal #99-01, Southport Marina, Inc. 6/14/2015 Major Permit #99-01, Southport Marina, Inc. 8/13/2001
h. Signed consultant or agent authorization form, if applicable.
i. Wetland delineation, if necessary.
j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner)
k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of
public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act.
1 7. Certification and Permission to Enter on Land
I understand that any permit issued in response to this application will allow
project will be subject to the conditions and restrictions contained in the permit.
The
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 tt/hhee information provided in this application is truthful to the best of my knowledge.
Date: 7/1/2019 P V�Je: Andy Dortch Agent, Land Management Group
Signature 'r a
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
RECEIVED
❑DCM MP -4 Structures Information
CAMA Permit 99-01 Major Modification Request for Dry Stack Storage Facility —July 2019
Southport Marina, Inc.
Brunswick County, North Carolina DCM WILMMITON, N3

2. Form DCM MP -3
UPLAND DEVELOPMENT
(Construction and/or land disturbing activities)
GENERAL UPLAND DEVELOPMENT
a. Type and number of buildings, facilities, units or structures b. Number of lots or parcels.
proposed. NA
One new dry stack storage facility (260'x170'), associated
parking and walkway
c. Density (give the number of residential units and the units per acre).
NA.
e. If the proposed project will disturb more than one acre of land, the
Division of Land Resources must receive an erosion and
sedimentation control plan at least 30 days before land -disturbing
activity begins.
(i) If applicable, has a sedimentation and erosion control plan been
submitted to the Division of Land Resources?
❑Yes ®No ❑NA
(ii) If yes, list the date submitted: Pending
g. Give the percentage of the tract within the coastal shoreline AEC to
be covered by impervious and/or built -upon surfaces, such as
pavement, building, rooftops, or to be used for vehicular driveways
or parking.
Less than 30% unless approved by pending stormwater
i. Give the percentage of the entire tract to be covered by impervious
and/or built -upon surfaces, such as pavement, building, rooftops, or
to be used for vehicular driveways or parking.
Pending stormwater plan
j. Describe proposed method of sewage disposal.
Municipal
I. Describe location and type of proposed discharges to waters of the
state (e.g., surface runoff, sanitary wastewater, industrial/
commercial effluent, "wash down" and residential discharges).
Surface runoff per pending stormwater plan
m. Describe proposed drinking water supply source (e.g., well,
community, public system, etc.)
Municipal
o. When was the lot(s) platted and recorded?
January 2016 Parcel 237LF020
March 2019 (offer to purchase) Parcel 237LF021
d. Size of area to be graded, filled, or disturbed including roads,
ditches, etc.
+/-4.0 ac. on western portion of property.
f. List the materials (such as marl, paver stone, asphalt, or concrete)
to be used for impervious surfaces.
Asphalt, concrete or gravel, dry stack roof as designated by
contractor
h. Projects that require a CAMA Major Development Permit may also
require a Stormwater Certification.
(i) Has a site development plan been submitted to the Division of
Water Quality for review?
❑Yes ®No [INA
(ii) If yes, list the date submitted: Pending
k. Have the facilities described in Item (i) received state or local
approval?
❑Yes ®No ❑NA
If yes, attach appropriate documentation.
m. Does the proposed project include an innovative stormwater
design?
❑Yes ®No ❑NA
If yes, attach appropriate documentation.
n. (i) Will water be impounded? ❑Yes ®No ❑NA
(ii) If yes, how many acres?
p. If proposed development is a subdivision, will additional utilities be
installed for this upland development?
❑Yes ❑No (DNA
RECEIVED
CAMA Permit 99.01 Major Modification Request for DryStack Storage Facility—July 2019
Southport Marina, Inc.
Brunswick County, North Carolina DCM WILMINGTON, NC

7/1/2019
Date
Southport Marina Dry Stack Storage Facility
Project Name
Southport Marina, Inc.
Agent, Land Management Group
Applicant Signature
RECEIVED
,IUI 0 3 2019
DCPA WILMINGTON, N'G
CAMA Permit 99-01 Major Modification Request for Dry Stack Storage Facility —July 2019
Southport Marina, Inc.
Brunswick County, North Carolina

ROY COOPER
NORTH CAROLINA
Governor
Env4»nmenta/ Quality
NflCHAEL S. REGAN
secretary
August 26, 2019
BRAXTON C. DAVIS
Director
Mr. Andy Dortch
Land Management Group, Inc.
3805 Wrightsville Avenue, Suite 15
Wilmington, North Carolina 28403
Dear Mr. Dortch:
The Division of Coastal Management hereby acknowledges receipt of your application, acting as agent for Southport
Marina, Inc., for State approval for development of the Southport Marina Property located at 606 W. West Street,
adjacent to the Atlantic Intracoastal Waterway, within the Town of Southport, in Brunswick County. It was received
complete on August 7, 2019 and appears to be adequate for processing at this time. The projected deadline for
making a decision is October 21, 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 August 7, 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.
Tara MacPherso
District Manager
Enclosure
cc: Courtney Spears, DCM Liz Hair, COE Doug Huggett, MHC
Chad Coburn, DWR Wayne Strickland, LPO Thad Moore, Applicant
ApOpMq(mYv Jtl Mt/�
North Carolina Department of Environmental Quality 1 Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405
910.796.7215

4
NOk III CAROLINA
Environmental Quality
September 3, 2019
[e-mail]
2 Pages
Star News
Legal Advertisement Section
Post Office Box 840
Wilmington, North Carolina 28402
Re: Major Public Notice in Brunswick County
• Southport Marina, Inc.
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON DAVIS
Direclor, Division ofCoasml Management
Hello Angie: Please publish the attached Notice in the Friday, September 6, 2019 issue.
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, 910-796-7226. Paying by credit card to the
attention of Jarimy Springer.
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.
K.
cc: MHC file
Courtney Spears - WiRO
USACE
Support & Customer Assistance
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Dme Ext., Wilmington, NC 28405 919 796 7215

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 August 7, 2019, Southport Marina, Inc. proposed to
construct a new dry stack storage building at an existing marina at 606 W. West Street, adjacent to the
AIWW, in Southport, Brunswick County. A copy of the application can be examined or copied at the
office of Tara MacPherson, N.C. Dept. of Environmental Quality, Division of Coastal Management, 127
Cardinal Drive Ext., Wilmington, NC 28405, (910-796-7425) 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 September 27, 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 Pe``r��mit__o✓l71I�oRt /�Mt+� .i+�•
Mailing Address: e0/ *kCj1t„✓ EX7ArrS %✓Ay
CeA- 02 _ NG XZS/.S
Phone Number:
Email Address: pomwjcocy. CO.+A
I certify that I have authorized I -Aub MA✓AiEd"GAr - Ci OVe
Agent I Contractor
to act on my behalf, for the purpose of applying for and obtaining all CAMA permits
necessary for the following proposed development: !>/ZY S%R4e— S fvjL N6
P,4aK#00w. B�aaD!✓hLK
at my property located at _604 A/. AJQgr-..S7jeCcT-Co riJg1�'p0. N,
in County.
1 furthermore certify that I am aut.'iorized 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
C/
/ Signature
Print or TTyypee_ Name
Title
G r /9 1 I"f
Date
This certification is valid through /Z / .s( 12 1
RECEIVED
JUL 0 3 2019
DCM WILMINGTON, NC

4LMG
LAND MANAGEMENT GROUP
a DAVEY11. company
July 1, 2019
ADMIRAL HOLDINGS, LLC
6432 SHINN CREEK LANE
WILMINGTON, NC 28409
To Whom It May Concern:
Southport Marina, Inc. is applying for a CAMA Major Modification to Permit # 99-01 for development activity
on their property located at 606 W. West Street, Southport, Brunswick County, North Carolina. The specifics
of the proposed work are shown in the attached permit application and drawings.
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 10 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 10 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
adortchOlmorouo.net
Sincerely,
Andy Dortch, Agent
Land Management Group
Enclosures RECEIVED
www.lmgroup.net • Phone: [phone] • Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 JUL 0 3 2019
DCPA WILMINGTON, NC

4LMG
LAND MANAGEMENT GROUP
a DAVEY1 company
July 1, 2019
CITY OF SOUTHPORT
1029 N. HOWE STREET
SOUTHPORT, NC 28461
To Whom It May Concern:
Southport Marina, Inc. is applying for a CAMA Major Modification to Permit # 99.01 for development activity
on their property located at 606 W. West Street, Southport, Brunswick County, North Carolina. The specifics
of the proposed work are shown in the attached permit application and drawings.
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 10 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 10 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
adortch(a)lmgroun. net
Sincerely,
,i
Andy Dortch, Agent
Land Management Group
Enclosures RECEIVED
www.lmgroup.net • Phone: [phone] • Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 JUL 0 3 2019
DCPA WILAA!NGTON, "iC

■ Complete ltehSsY;¢,sndS.
■ Print your name tlrfd'address on the reverse
so that we can retdrn the card to you.
■ Attach this card to the back of the mallplece,
or on the front If space permits.
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RECEIVED
JUL 15 2019
DCM WILMINGTON, NC

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All sales final on stamps and postage.
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youufoornveonly
ow business .
HELP US SERVE YOU BETTER
tELLPOSTALL EXPERIENCE
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Go to:
https://PostaleXperience.con/POG
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or call I-800-410-7420.
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JUL 0 3 2019
DCPA WILWNGTON, NC
OLEANDER DR
3916 Ci
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XI2403-67 NC
26403-6758
3686940406
07/01/2019===-[phone]--
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(All VO t #:X X XXWXW5291
(Transaction "t6) Chip)
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(AL:ViSA CREDIT)
(PIN:Not Required)
Text your tracking rwwober' to 28777
Standar to get the Data rates nay
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apply. lou'rso .11111800-2 1811
(TSPS ireckln8
ios
s Offer
oW khand;sayl check-oUt kAny kRetail
Associate can show You "'
Preview Your Mail
Track your Packages
Sign up for FREE 9
www.informeddelivery.coa
All sales final on stamps and postage.
Refund$ for
youufoornveonly
ow business .
HELP US SERVE YOU BETTER
tELLPOSTALL EXPERIENCE
NT
Go to:
https://PostaleXperience.con/POG
890-5280-0178-002-00028-77392-02
with
or seen your mobile device:
yice:
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or call I-800-410-7420.
YOUR OPINION COUNTS
a
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RECEIVED
JUL 0 3 2019
DCPA WILWNGTON, NC

MacPherson, Tara
From: Finch, Greg <[e-mail]>
Sent: Friday, August 09, 2019 1:48 PM
To: MacPherson, Tara
Subject: Re: [External] Southport Marina CW
Hi Tara,
Yes, I had the surveyor check the points we discussed in the field (along with the rest of the line) and MHW remains the
same.
Greg Finch I CAMA Section Manager
Direct: 910-452-0001 x 1928 1 Cell: 910-470-4734
Email: [e-mail]
Land Management Group I Environmental Consultants
3805 Wrightsville Avenue, Suite 15 1 Wilmington, NC 28403 1 www.lmgroup.net
On Fri, Aug 9, 2019 at 8:57 AM MacPherson, Tara <[e-mail]> wrote:
Hi Greg, So just to verify, the lines that we looked at and modified for NHW were verified by the surveyor and we are
using his MHW line. The maps look the same to me so I want to be sure.
Thanks,
Tara
Tara MacPherson
Field Specialist
NC Division of Coastal Management
Department of Environmental Quality
910 796-7425 office
910 395-3964 fax

MacPherson, Tara
From: Finch, Greg <[e-mail]>
Sent: Monday, July 15, 2019 11:38 AM
To: MacPherson, Tara
Subject: Re: [External] Southport Marina CW
The 23rd works for me, any time that is convenient for you.
The surveyor will produce an updated, signed and sealed MHW plat. Both MHW and CW will be staked at several points
for verification on Tuesday.
The hearing for the building height was held this past week; however, the motion was continued until the meeting next
month. Conceptual stormwater and erosion control plans have been produced (stormwater as shown in the submittal),
but design level on either has not commenced since the town building height is still pending. Note the impervious and
disturbed area would not change regardless of the height of the building.
The disturbed area listed on the MP -3 is the entire upland portion of the project area, so I think we need to update the
narrative to account for this, and maybe add another figure with a LOD? There will likely be disturbed area in the AEC
during construction of the pool and building since they are so close to the 75'. Give me a call to discuss if needed.
Thanks,
Greg Finch I CAMA Section Manager
Direct: 910-452-0001 x 1928 1 Cell: 910-470-4734
Email: gfinch@lmgroup. net
Land Management Group I Environmental Consultants
3805 Wrightsville Avenue, Suite 15 1 Wilmington, NC 28403 1 www.lmgroup.net
On Mon, Jul 15, 2019 at 10:14 AM MacPherson, Tara <[e-mail]> wrote:
Hi Greg, I just got out of a meeting with an adjacent property owner. Due to concern about the project and the MHW
lines being than three years old I will need an updated MHW line. I am happy to verify the CW line as we discussed. I
have a couple of questions regarding the application: What is the plan in terms of submitting as Stormwater and
Erosion control plan? Does the applicant have permission from the City for the increased building height limit for the
new proposed dry stack building? Is the disturbance footprint defined for the southern part of the property (adjacent
to the new building/clubhouse/ pool) as those boxes or will there actually be grading and disturbance within the AEC?
As of now I can meet on Tuesday the 23rd or Wednesday the 31se
Thanks,
Tara

MacPherson, Tara
From: MacPherson, Tara
Sent: Monday, July 08, 2019 1:59 PM
To: Finch, Greg
Cc: [e-mail]'Stephen Morrison
Subject: RE: [External] Re: Southport Marina
Thank you Greg, The MHW and CW line are from 2016. We will need those updated as usual, especially due to the
amount of hurricanes we have had since then. I will schedule a site visit overthere soon to make sure everything else is
compliant and to review the plans.
Tara MacPherson
Field Specialist
NC Division of Coastal Management
Department of Environmental Quality
910 796-7425 office
910 395-3964 fax
[e-mail]
127 Cardinal Drive Ext
Wilmington, NC 28405
!

7/3/19
Tara MacPherson
Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, N.C. 28405-3845
Re: Major modification CAMA Permit Number 99-01, Southport Marina Inc., proposed dry
stack building, parking, boardwalk, Brunswick County
Dear Tara,
On behalf of Southport Marina, Inc, I am submitting an application for the major modification
of CAMA permit number 99-01 to authorize the construction of a dry stack storage building,
parking and a boardwalk. A portion of the project area will utilize property being purchased
from the City of Southport (purchase agreement enclosed). Adjacent riparian owner
notifications have been sent by certified mail and the green cards will be submitted when
reeived. The proposed project does not involve fill or excavation of 404/coastal wetlands or
work in the water, Please let me.know if you have any questions regarding the enclosed
materials and thank you for your assistance.
Sincerely,
Steve Morrison
Environmental Consultant
Encl: Application materials, $400 fee check
Cc: Southport Marina, Inc.
RECEIVED
DCM WILMINGTON, NC
JUL 0 3 2019
www.lmgroup.net • Phone: [phone] • Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403

V
City of Southport
August 13, 2019
Southport Marina
606 W. West Street
Southport, NC 28461
The City of Southport Board of Aldermen considered an application by Southport Marina to amend
Article 11, Table of Yard, Area, Density and Height of the City of Southport's Unified Development
Ordinance at their regularly scheduled meeting on August 8, 2019. The request was to add a footnote to
the Article 11 Table of Yard, Area, Density, and Height requirements to allow Marina dry storage
buildings to have a height of 50 feet in the BD District.
The City of Southport Board of Aldermen approved this request but limited it to marinas in the BD
Districts with 40 or more wet boat slips. Therefore, any current or future marina with 40 or more wet
boat slips located in the BD District can construct dry storage building to a maximum height of 50 feet.
Sincerely,
Bruce Oakley
City Manager
RECEIVED
AUG 13 2019
DCM WILMINGTON, NC
1029 N. HOWE STREET • SOUTHPORT, NORTH CAROLINA 28461
www.cityofsouthport.com • PHONE: [phone] • FAX: [phone]

4LMG
LAND MANAGEMENT GROUP
a DAVEVIP company
8/26/19
Tara MacPherson
Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, N.C. 28405-3845
Re: Southport Marina dry stack application
Dear Tara,
After review of the past permitting for Southport Marina, we can confirm the total number of
authorized dry slips as 400 and the total authorized wet slips as 251, which matches the totals
you had. The current major modification request for the new dry stack building will add
another 218 dry slips to give a total dry slip count of 618.
1 have included a replacement sheet set deleting the clubhouse and pool which was shown in
error. There is no clubhouse or pool proposed. Thank you for your assistance.
Sincerely,
Steve Morrison
Environmental Consultant
Encl: Sheet set
Cc: Southport Marina, Inc.
RECEIVED
AUG 2 6 219
DCM WILMINGTON, NC
www.lmgroup.net • Phone: [phone] • Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403

N.C. DIVISION OF COASTAL MANAGEMENT
NOTIFICATION OF COASTAL WETLAND DETERMINATION
Pursuant to NCGS 113-229(n)(3), and 15A NCAC 07H.0205(a)
Property Owner boy _ Mailing Address:
Site Address: if
t!
C, 2g4 61
Project Location: County bbmeq US/NC/SR # W/A
River Basin VJAfL VtMf I Adj. Water Body
N° 007'79
Indicate Which of the Following Apply:
rZFV\
Coastal Wetlands have been identified on the above described property. The project (as currently
proposed) may impact these wetlands but no official delineation was performed. The Division of Coastal
Management suggests that you request a formal delineation by this Division to evaluate potential impacts to
Coastal Wetlands and project designalternatives.
CCoastal
Wetlands have been Identified on the above described property. At your request, an official
l Welland delineation was performed by the Division of Coastal Management. The Division of Coastal
Management suggests that you have the delineation surveyed. The Division will verify the surveyed line, which
will then remain valid for a period not to exceed 12 months from the delineation.
Coastal Wetlands species identified on-site:
1>( Spartina alterniflora
X _Distichlis spp.
Cladium jamaicense
Spartina cynosuroides
�Juncus roemerianus
Limonium spp.
__K_Typha spp.
XSalicornia spp.
_Scirpus spp.
—4)—CSpartina patens
Check any field indicators that apply to establish regular or occasional flooding:
tidal water observed on-site (do not check if during or following Tropical Storm/Hurricane)
crabs/holes wrack lines _staining Ktidal water connection
,K periwinkle elevation changes _other (please describe)
DCM Off' `ai Q �.YUoI�� Title
Date
In the event�p ish to ap 8 I this jurisdictional call, you may request a� QQ n opl a y eobt1 cifhg my
supervisor, YOt 1 5 (DCM District Manag�{1LatC C.II� (A
'.�1 !_,r IVl, i
Visit our website at www.nccoastaimanagement.com DCM WILMINGTON, NC
JUL 0 3 2019 IUL 0 3 2010
DCM WILMINGTON, NC

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW -2007-02782 County: Brunswick U.S.G.S. Quad: Southport
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner: Southport Marina, Inc.
c/o Thad Moore
100 Weston Estates Way
Cary, North Carolina 27513
Agent: Corey Novak
Land Management Group, Inc.
3805 Wrightsville Avenue, Suite 15
Wilmington, North Carolina 28403
Size (acres) 49.6 -acres Nearest TownSouthport
Nearest Waterway Atlantic Intracoastal Waterway River Basin Cape Fear
USGS HUC 03030005 Coordinates Latitude: 33.9191 N
Longitude: -77.0306 W
Location description: The project area is located at the Southport Marina (Parcel Nos. 209614427612 &
part of the project area. The project area borders West West Street to the north, the Atlantic Intracoastal
Waterway to the south, Cottage Creek to the west, and open water to the east.
Lrdicate Which of the Following Apply:
A. Preliminary Determination
There appear to be waters, including wetlands, on the above described property, as depicted on the attached
exhibit, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344). This preliminary
jurisdictional determination may be used in the permit evaluation process, including determining compensatory
mitigation. This preliminary determination is not an appealable action under the Regulatory Program
Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD,
which is an appealable action, by contacting the Corps district for further instruction.
B. Approved Determination
X There are Navigable Waters of the United States within the above described project area subject to the permit
requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless
there is a change in the law or our published regulations, this determination may be relied upon for a period not
to exceed five years from the date of this notification.
X There are waters of the U.S. including wetlands on the above described project area subject to the permit
requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the
law or our published regulations, this determination may be relied upon for a period not to exceed five years
from the date of this notification. RECEIVED
JUL 0 3 2019
Page 1 of 2
DCPA WILAA!NGTON, !•.'C

_ We strongly suggest you have the wetlands on your project area delineated. Due to the size of your
property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a
timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final,
any delineation must be verified by the Corps.
_ The waters of the U.S. including wetland s on your project area have been delineated and the delineation has
been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this
survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate
depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the
law or our published regulations, may be relied upon for a period not to exceed five years.
X The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted
on the figure identified below. Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
There are no waters of the U.S., to include wetlands, present on the above described property which are subject
to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in
the law or our published regulations, this determination may be relied upon for a period not to exceed five years
from the date of this notification.
X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area
Management Act (CAMA). You should contact the Division of Coastal Management in
Wilmington, NC, at [phone] to determine their requirements.
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army
permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any
questions regarding this determination and/or the Corps regulatory program, please contact John N. Policarpo at
910-251-4487 or John.N.Policarpo(a.usace.army.mil.
C. Basis for Determination: The site exhibits wetland criteria as described in the 1987 Corps Wetland
Delineation Manual and the Atlantic and Gulf Coastal Plain Regional Sunolenrent. Wetlands on-site are
considered_ adjacent to a Traditional Navigable Water (TNW) and are jurisdictional under Section 404 of
the Clean Water Act. In addition, a good portion of the project area is flowed by the tide and contains
tidal wetlands; these areas are jurisdictional under both Section 404 of the Clean Water Act and also
Section 10 of the Rivers and Harbors Act of 1899. This determination is based on a site visit conducted
by John Policarpo of the Corps on April 1, 2016. The enclosed survey titled, "Wetland Delineation,
Southport Marina, City of Southport, Smithville Township, Brunswick County, North Carolina", dated
June 3, 2016, accurately depicts the extent of on-site jurisdictional waters of the U.S., including wetlands.
D. Remarks:
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Actjurisdiction for
the particular site identified in this request. The delineation/determination may not be valid for the wetland ct
conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or
anticipate participation in USDA programs, you should request a certified wetland determination from the ICQI
office of the Natural Resources Conservation Service, prior to starting work.
Wo O
W c
F. Appeals Information (This information applies only to approved jurisdictional determinations as U J
indicated in B. above) W �
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object U
to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. 0

Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If
you request to appeal this determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 1OM15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the
criteria for appeal under 33 CFR part 33 1.5, and that it has been received by the Division Office within 60 days of
the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by
November 12,201
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.** A
Corps Regulatory Official:
Date: September 12, 2016
Expiration Date: September 12, 2021
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete our Customer Satisfaction Survey, located online at
lrttp://regu latory. usacesurvey.com/.
RECEIVED
JUL 0 3 2019
DVA WILpA NGTON, ..10

NOTIFICATION OF ADMINISTIUVI'IVE APPEAL OPTIONS AND PROCESS AND
REQUESTFOR APPEAL
Applicant: Southport Marina, Inc. _lFile Number: SAW-2007_02782Date September 12, 2016
See Section
Sbelow
Attached is: - ee S -
_
INITIAL PROFFERED PERMIT(Standard Permit or Letter ofpermission) A _
11 PROFFERED PERMIT (Standard Permit or Letter ofpermission) B _
❑ PERMIT DENIAL C
® APPROVED JURISDICTIONAL DETERMINATION D
11 PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at,littp://www.usace.oriny, trot lVMissions/Civil WorkAegplatMl'rogramandPemiits aepx or
Corps regulations at 33 CFR Pact 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice. RECEIVED
JUL 0 3 2019
DCPA WILAA!NGTON, NO

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.
or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new infonnation or analyses to the record.
I Iowever, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION: _
If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may
appeal process you may contact: also contact:
District Engineer, Wilmington Regulatory Division, Mr. Jason Steele, Administrative Appeal Review Officer
Attn: John N. Policarpo CESAD-PDO
[phone] U.S. Army Corps of Engineers, South Atlantic Division
[e-mail] 60 Forsyth Street, Room IOM15
Atlanta, Georgia 30303-8801
RIGHT OF ENTRY: Your
consultants, to conduct inve
notice of any site
or
ature below grants the right of entry to Corps of Engineers personnel, and any government
itions of the project site during the course of the appeal process. You will be provided a 15 day
and will have the opportunity to oarticinate in all site investieations.
Date:
Telephone number:
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, John N. Policarpo, 69 Darlington Ave., Wilmington, NC 28403
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele,
Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801
Phone: [phone]
RECEIVED
JUL 0 3 2019
DCPA WILMNIGTON, NC

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- / PAGE 739 NTS
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NOTES:
1. BASE CAD FILE FROM WITHERS AND RAVENEL ENGINEERING.
2. TAX PARCELS FROM BRUNSWICK COUNTY GIS.
3. NOT A SURVEYED OR ENGINEERED DRAWING.
4. PRELIMINARY. FOR ENVIRONMENTAL PERMITTING ONLY.
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PAGE 119
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//
--
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BOOK329. PA INC.
DEED BOOM J1P9. PACE 739
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DEED BCOK 3729, 1
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DEED BCOK 3729, 1
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RECEIVED
1 I I I 10
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l
o ao 1"00 1+20 DCM WILMINGTON, NC
Existing Grade (approximate)
Existing Walkway
NOTES:
1. BASE CAD FILE FROM WITHERS AND RAVENEL ENGINEERING.
2. NOT A SURVEYED OR ENGINEERED DRAWING.
3. PRELIMINARY. FOR ENVIRONMENTAL PERMITTING ONLY.
1 '\CAMA%9n IA r. AMA FII Fgmm R -n33 -- Rnulhnnrl Marina Thad Mnnra\9n19 Main, Mnd - ni c..,k Rui1rfl—XD-,tnnk R..Adinn dwn
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Project
Date:
Revision Date: -
Southport Marna
6/5,2019
8/26/19
LMG
Drystack Building
Scale:
Job Number'
LAND MANAGEMENT GROUPAs
Noted
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Title:
m y
3805 Wnghtsville Ave Suite 15
Typical Profile View
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Sheet Number:
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WAD
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SOUTHPORT
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DEED BOOK 3729,
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Existing Walkway
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_-- _ PAGE 73
NOTES:
1. BASE CAD FILE FROM WITHERS AND RAVENEL ENGINEERING.
2. TAX PARCELS FROM BRUNSWICK COUNTY GIS.
______________________ 3. NOT A SURVEYED OR ENGINEERED DRAWING.
4. PRELIMINARY. FOR ENVIRONMENTAL PERMITTING ONLY.
___________
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DEED BOOK 331,1
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NORTH CAROLINA
Environmental Quality
September 3, 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: [phone] (Courier 04-16-33)
courtneV.spears(cDncdenr.gov
SUBJECT: CAMA Application Review
Applicant: Southport Marina, Inc.
Project Location: 606 W. West Street, adjacent to Atlantic Intracoastal Waterway
in Southport, Pender County
Proposed Project: construction of a new dry stack storage building at an existing marina
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 September 27, 2019. If you
have any questions regarding the proposed project, contact Tara MacPherson at [phone]
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 ofNorth Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215

Y Np vunn,tla long —.0 are no delinquent an
valorem taxes, fees, assessments or other
liens which the Brunswick County Tax
Collector is charged with collecting, that are a
Ilan on: Pareel Numbers -1 L[22
as notated by the Brunswick County
Assessors Cfflce. This is not a certification
that the parcel number matches the deed
description. I/
JA
Date ni 1 - ex Col. / Del. Tax Spec.
1111111111111111111111111111111111111 B3729 P0739 m4o�s < MOP
e'Le
eruneulek County. NL Reatsler of needs esus f of 7
Presen�tler � n '�
Total Rav ____�_ Int.
Ck$ CI; *Cash$
Refund: Casa v_ Finance__
7 Porfions of documenlato i'iaTole dueto oDndNon
ofodginal.
Dommenloontans sods verified byAind
-:^.en!!fs!canrotbe amoducedormded.
NORTH CAROLINA GENERAL WARRANTY DEED
Excise Tax: 0.00 - Tax Exempt
Parcel Identifier No 209614427612 -
Mail/Box to: Kilpatrick Townsend & Stockton LLP (OKI) 4208 Six Forks Road Suite 1400 Raleigh NC 27609
This instrument was prepared by: Kilpatrick Townsend & Stockton LLP (GKJ)
Brief description for the Index: 46.25 acres known as Southport Marina
THIS DEED made this~
day of January, 2016 by and between
GRANTOR
NORTH CAROLINA STATE PORTS AUTHORITY
P. O. Box 9002
Wilmington, NC 18042
GRANTEE
SOUTHPORT MARINA, INC., a North Carolina
corporation
100 Weston Estates Way
Cary, NC 27513
Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, e.g. corporation or
partnership.
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 simated in the Brunswick County, North Carolina and more particularly described as follows:
SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE.
US2000 13461712 1
RECEIVED
I'll 113 2019
DCM WILMINGTON, NC

Illllllllllllllllllllllllllllllllllllr of Deeds
See attached Certificate as to Council of State Matters incorporated herein by reference.
The property herein conveyed does not include the primary residence of a Grantor.
The property hereinabove described was acquired by Grantor by instrument recorded in Book 178, Page 446, and
Book 403, Page 505, Brunswick County Registry.
A boat ramp allowing access to the public for recreational use shall be maintained by the Grantee.
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 thatGmntor will warrant and
defend the title against the lawful claims of all persons whomsoever, other than the following exceptions:
SEE EXHIBIT B ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE.
THE REMAINDER OF THIS PAGE INTENTIONALLY OMITTED
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83129 P0741101 -21-2M
0'000
VIII VIII VIIIIIIIIII IuII IIIIIII III Brentla
M. Clemmons PROP
Brunswick County, Ne Register of Deeds Page 3 of 7
IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above
written.
i
NORTH CAR � PORTS AUTHORITY
Ey:
Name: D
Title: /iT c Q
STATE OF NORTH CAROLINA
COUNTY OF �eW 116 tj Ve r
I I, the undersigned, a Notary Public of the County and State aforesaid, certify that the following person(s) personally
appeared before me this day, and
,® 1 have personal knowledge of the identity of the principal(s)
❑ I have seen satisfactory evidence of the principal's identity, by a current state or federal
identification with the principal's photograph in the forth of a
❑ A credible witness has sworn to the identity 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: Tdt41 7" Cc L Lt-
(insert name of person signing instrument)
Dale: I ' o` O - I (o G . ,
t�Av E . S,'. der Notary Public
(print name)
(official seal) My commission expires: 8,' I \ - I (�
�.
SN to
NOTARY
PUBLIC =
U82000 13461712 1
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IIIIII1111Jill IIII1111IIIIIIIIIIIIIII 83129 Paia2m ens 2016P
Brunswick County, NC Register of Deeds page 4 of 7
EXHIBIT A
LEGAL DESCRIPTION
A certain tract or parcels of land lying and being in the City of South Port, Brunswick County, North
Carolina and being those tracts described in deed book 178 page 446 and deed book 403 page 505
and shown on map book 8 page 119, records of Brunswick County, North Carolina and being more
particularly described as follows:
Tract 1
Beginning on a concrete monument on the southern right of way of West West Street (60' public
right of way, said monument being located S 81-38-58 E 219.31 ft, from the southwestern terminus
of said West West Street, said monument having N.C. Grid coordinates N = 63,185.56 ft. E =
2,294,275.21 ft., Proceed from said point of beginning and with the southern right of way of West
West Street S 81-35-31 E 1,038.51 ft. to an iron, thence leaving said southern right of way S 00-05-
10 W 40.55 ft. to an iron, thence S 00-06-24 W 95.96 ft. to a concrete monument, thence S 52-51-37
E 69.49 ft. to an iron, thence S 43-57-32 E 25.91 ft. to an iron, thence S 53-27-23 E 59.02 ft. to an
iron, thence S 52.54-28 E 58.53 ft. to an iron, thence S 54-08-05 E 120.78 ft. to a concrete
monument, thence N 81-3133 E59.45 ft. to an iron, thence N 82.30-01 E 88.37 ft. to an iron, S02-
33 -07E276.58
02-
33-07E276.58 ft. to a point, thence S 17-09-09 W 39.40 R. to an iron, thence S 73-03-49 E 274.00
ft. to an iron, thence with a curve to the right having a radius of 140.00 ft. a chord S 43-13.49 E
139.29 ft. to a point, thence S 13-23-49 E 300.12 ft. to a point on the northern right of way of the
Atlantic Intracoastal Waterway, thence with said right of way N 81-38-48 W 654.19 ft. to the
published location of right of way monument Tl -2 (not recovered), thence continuing with said right
of way N 81-38-48 W 1907.05 ft. to a point in the run of Dosher Creek, thence with the run of
Dosher Creek N 08-21-12 E 188.23 ft., thence N 10-55-22 E 85.20 ft., thence N 17.56-58 W 109.54
ft, thence N 02.51-45 W 88.17 ft., thence N 37-28-34 W 55.48 ft., thence N 64-32-12 W 102.41 ft.,
thence N 03-26.47 E 57.99 ft, thence N 31.31-20 E 80.71 ft., thence N 56-10-10 E 103.80 ft., thence
N25-52-35 E 58.24 ft, thence leaving said run S 81-38-48 E 217.07 ft. to aniron, thence S 81.38-48
E 393.00 ft. to an iron, thence N 08-21-11 E 188.55 ft. to the point of beginning and containing 45.95
acres.
Tract 2
Beginning on an existing iron on the northern right of way of West West Street (60 ft. public right of
way), said iron being located S 81.30-55 E 489.18 ft. from the northwestern terminus of West West
Street, said iron having N.C. Grid coordinates N = 63,204.60 ft. E = 2,294.550.76 ft.: Proceed from
said point of beginning leaving said northern right of way N 17-46.07 E 168.14 ft, to a concrete
monument, thence S 34-10-28 E 137.75 ft. to an iron, thence S 08-11-42 W 64.20 ft. to an iron on
the northern right of way of West West Street, thence with said right of wayN 81-43-20 W 120.79 ft.
to the point of beginning and containing 0.30 acres.
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CauntNC�Regis s 8fDe.de p.g.m5ns ;PROP
EXHIBIT B
PERMITTED EXCEPTIONS
1. Subject to matters shown on plat recorded in Plat Book 8 at Page 119, Brunswick County Registry.
2. Taxes for the year 2016 and subsequent years, not yet due and owing.
3. License and Memorandum of Agreement between Southport Marina, Inc. and Time Warner Cable
Enterprises LLC recorded in Book 3546, Page 801, Brunswick County Registry.
4. Deed of Easement for right of way of Brunswick Street Extension and the entrance drive by and
among North Carolina State Ports Authority and Southport Marina, Inc. (Grantors) and the City of Southport
(Grantee) recorded in Book 403, Page 512, Brunswick County Registry.
5. Lease Agreement between North Carolina State Ports Authority and Southport Marina, Inc. recorded
in Book 359, Page 239, Brunswick County Registry. Southport Marina, Inc. will become the fee simple owner
of this property.
6. Deed of Easement for a pipeline 15 feet in width between North Carolina State Ports Authority and
Southport Marina, Inc. (Grantors) and the City of Southport (Grantee) recorded in Book 637, Page 386,
Brunswick County Registry, and as corrected by Deed of Correction recorded in Book 686, Page 739,
Brunswick County Registry.
7. Easement to provide electrical service to the float facilities used by the North Carolina Division of
Marine Fisheries between North Carolina State Ports Authority and Southport Marina, Inc. (Grantors) and the
City of Southport (Grantee) recorded in Book 710, Page 1050, Brunswick County Registry.
8. Easement to establish and maintain a public access walkway between North Carolina State Ports
Authority and Southport Marina, Inc. (Grantors) and the City of Southport recorded in Book 917, Page 436,
Brunswick County Registry.
9. Deed of Easement for a pipeline across the property between North Carolina State Ports Authority and
Southport Marina, Inc. (Grantors) and the City of Southport recorded in Book 979, Page 576, Brunswick
County Registry.
10. Easement granted to the United State of America to enter upon, occupy and use the tract hereinafter
described as composing a part of the spoil disposal area for the deposit of dredged material and for such other
purposes as may be needful in the maintenance and improvement of the Atlantic Intercoastal Waterway at
Southport, recorded in Book 189, Page 29, Brunswick County Registry.
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DVA WILMINGTON. NO

a,������1��Co.tY, NC R.,I.t. B3129aP9144 n8nef8'PRW
CERTIFICATE AS TO COUNCIL OF STATE MINUTES
I, Lee Roberts, as Secretary to the Council of State of the State of North Carolina, DO
FIEREBY CERTIFY that the attached item entitled North Carolina State Ports Authority Matters
— Disposition By Deed regarding the sale of the sale of the Southport Marina was unanimously
approved by the Council of State at its regular meeting held on January 5, 2016 with an
amendment that the deed include a statement noting "that public recreational use of the boat
ramp will be maintained by the purchases (new owners)." The attached item is a true and correct
copy to be included in the Minutes of the Council of State. Adoption of the official minutes will
occur on Tuesday, February 2, 2016.
Witness my hand this 6' day of January 2016.
Secretary of the Council of State
I, Debra H. Young, a Notary Public for said County and State, do hereby certify that Lee
Roberts personally appeared before me this day and acknowledged the due execution of the
foregoing instrument.
Witness my hand and official seat this 6's day of January, 2016.
My Commission expires October 29, 2017
Notary Public U"(3
RECEIVED
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DCM WILAA!NGTON, NC

IIIIIIIIIII�IIIIIIIIIIIIIII IIIIIIIIII B3729 P0745 m,_Z,_tm,6
4.55:40.000
Brenda M. Clean
arunaale County, NC Reglatar of Deeds page 7nof 7PROP
NORTH CAROLINA STATE PORTS AUTHORITY MATTERS
DISPOSITION BY DEED
GRANTOR: North Carolina State Ports Authority
GRANTEE: Southport Marina, Inc.
LOCATION: Southport Marina, 606 W. West Street, Southport, Brunswick County
AREA: 46.26 acres with leasehold improvements
CONSIDERATION: $5,250,000
COMMENTS: Property disposition pursuant to G.S. 136-260 through 275 that empowers the
North Carolina State Ports Authority to dispose of real property that it may deem proper. This
property was identified as a non-core asset with the operations of the Authority. The property is
under a long term lease with Southport Marina, Inc. as the tenant. It was listed for sale in January
2015. This negotiated sale was the only offer received.
3
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DCPA WILKNIGTON, "!C

�05A _FACE
0637 0382
Mfg N: fff^JEArw^,
STATE OF NORTH CAROLINA a.t.637'� fd
'W F,l9 18 MID 26
¢UITCLAIM DEED
tNA.'it .6::E: IES
' COUNTY OF BRUNSNICx 1f6;i:If [EEGs
eAuxss;x crexr7. x.e.
THIS QUITCLAIM DEED, made this the / day of
1986 by the NORTH CAROLINA STATE PORTS AUTHORITY and SOUTHPORT
MARINA INC., parties of the first part, to THE CITY OF SOUTHPORT,
a Municipal Corporation, Brunswick County, North Carolina, party
of the second part,
N_ I T N E S b E T N•
THAT, WHEREAS, the North Carolina State pelts Authority hes
approved the disposition of that tract or parcel of land herein-
. after described at a meeting held in the City of Wrightsville
Beach, North Carolina, on the 3rd day of December, 1985: and
WHEREAS. the Council Of State at a meeting held in the City
of Raleigh, North Carolina• on the 7th day of January, 1986,
,
approved this conveyance and authorized the execution of this
Instrument,
NOW, THEREFORE, in consideration of the sum of TEN AND
NO/100 (510.00) DOLLARS, the receipt of which is hereby acknow-
ledged, the parties of the first part have remised and released
and by these presents do hereby remise, release and forever
quitclaim unto the said party of the second part, its successors
and assigns, all right, title, claim and interest of the parties
i
of the first part in and to that Certain tract or parcel of land
situate and being located in the city of Southport. Brunswick
County, North Carolina, and more fully described as follows--
0600140
ollows_060010
F
JUI. 0 3 2019
DVA WILMINGTON, NC

eooA _ PAGE
0637 0363
BEGINNING at the western terminus of the southern line
of West Street in the eastern line of the existing
City of Southport wastewater treatment plant site as
shown on Map Book 8, Page 119, Brunswick County Registry;
running thence from said Beginning with said eastern
line south 8 degrees 52 minutes west 188.55 feet to
the southeastern corner of said existing plant site;
thence south B1 degrees 08 minutes east 221.00 feet to
a Point; thence north 8 degrees 52 minutes east 188.55
feet to a point in the southern line of West Street;
thence with said southern line north 81 degrees OB
minutes west 221.00 feet to the Point of f BEGINNING,
containing 0.9566 acres and being part of the North
Carolina State Ports Authority property shown on Map
Book 8, Page 119, Brunswick County Registry, containing
0.9566 acres.
TO HAVE AND TO HOLD, the aforesaid tract or parcel of ;and
and all privileges and appurtenances thereunto belonging, to the
said party of the second part, its successors and assigns, free
and discharged of all right, title, claim or interest of the said
parties of the first part, or any one claiming by, through or
under them,
Southport Marina, Inc., joins in this conveyance solely to
.c/ruse Val ahcvc deser'bed property from the cneumbr=nee of
that certain Lease dated April 16, 1976 between the North Carolina
State Ports Authority and Southport Marina, Inc.
IN WITNESS WHEREOF, the Grantors have caused this deed to be
executed in their corporate names and attested by their duly
authorized officers and their seals to be affixed hereunto by the
authority of their Boards of Directors, the day and year first
above written.
NORTH CAROLINA STATE PORTS AUTHORITY
William W, Edwards
Executive Director
JUL 0 3 2019
DC!A WILWNGTON, NC

➢Cox
_ PAGE
0837 0384
.-UTHPORT HARINA INC.
iacnx
NORTH CAROLINA
7C4J
i COUNTY
1, a Notary Public of the County and State aforesaid, certify
that Ruff A. Davane personally came before me this day and acknov-
ledged -that he is Assistant Secretary of North Carolina State
Ports Authority, a North Carolina corporation, and that by authority
duly given and as the act of the corporation, the foregoing
instrument was signed in its name by its Executive Director,
sealed with its Corporate seal and attested by himself as its
Assistant Secretary_
Witness my hand and official stamp or seal, this /r-i.day
of A 1986.
tso r:V{l;` =:: teary ru rube
-'i .LV�anA7iss ion Expires:
t
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DCM WILAA!NGTOK ".'�

PORK _ P AGE
0637 0385
NORTH CAROLINA
I BRUNSWICK COUNTY
I, -a Notary Public of the County and State aforesaid, certify
that _ayce I AAA "a personally came before me
this day and acknowledged that the is -ti>r Secretary
of Southport Marina Inc., a North Carolina corporation, and that
by authority duly given and as the act of the corporation, the
foregoing instrument was signed in its name by its President,
sealed with its corporate seal and attested by I>:e as its
Secretary.
Witness my hand and official stamp or seal, this AY Ui+"•dap�"i""
w
of— 1956. "<'Ur•.J(7tr,. '
to P is :—
My pi. iummiaaiun E, es:
Srall OF NORTH CAROLINA, erva>a:r1 C ,`Y
Tb, Forgoirg Cenifin,"p) of CatherineStall inns Whitehead d Syl x e tt th,
Notaries Public
Reeordra rhh 18th Wne) anifwd ro W corn..
my of February 1986 ,r 10.26 ecl k A.u.
Ibp,/I ,. xdn>m. wp�Ha of Orn.
RECEIVE
JUL 0 3 20
DCN! WILA"!NGTON; NC

AC.REEME:YT FOR SALF. AND PtiRCtrASE OF HEAL PROMFUTY
THIS AGREEMENT, including any and all addenda attached hereto {"Agreement"), is by and between
Southport Marina, Inc., a Nath Carolina oration, hereinafter {"Buyer,% and City of Southport, a North Cmvline municipal
corpomtion, hereinafter ("Seller")
FOR AND IN CONSlDBRATION OF THE MUTUAL, PROMISES SET tGRCIH HEREIN ANO OThIER GOOD AND
VALUABLE CONSIDERATION, THE RECEIPT AND SUPFICIENCY OF WIILCH ARE HEREBY ACKNOWLEDGED, THE
PARTIES HERETO AGREE AS FOLLOWS:
Section 1. Terms and Definitions: The toms listed below shall have the respective meaninggiven them m Ret forth adjacent to each
term.
(a) " L21Leriv": (Address) 90t West West Street, Southport, NC 21461
Further Refatxnce: City of Southport former wastewater treatment plant site
0 If this box is checked, "Property" shall mean that property described on Exhibit B attached hereto and incorporated
herewith by reference,
(For infonnaliaa purposes: (i) the tax parcel number of the Property is: 237[,1 02J,; and, (ii) some ar all of the Property,
consisting of approximately 2.5 acres, is described in Deed Book , Page No. �.
County.) """--
together with all buildings and improvements thereon and ail fixtures and apputtenaows thereto.
S 650.000 (h) "Purchase Prices" Shall mean the sum of Six Hundred and fifty t1tousand Dollars,
payable on Ike following Ferns:
..S 3Z500.11 00 (i) "Earnest Money" shall mean the sum of Thirty Two Thousantt Five Hundred Delius.
Upon this Agreement becoming a contract in accordance with Section tor, file Earnest Molloy shall be
promptly deposited in escrow with City orSouthport to be applied as parr payment of the Purchase Price of
the Property at Closing, or disbursed as agreed upon under the provisions ofSeetion to herein,
ANY EARNEST MONEY DEPOSITED BY BUYER IN A TRUST ACCOUNT MAY BE
PLACED IN AN INTEREST BEARING TRUST ACCOUNT, AND;' {ctreek ably ONE b04
0 ANY INTEREST EARNED THEREON SHALL. BE APPLIED AS PART PAYMENT OF THE
PURCHASE PRICE. Of THE PROPERTY AT CLOSING, OR DISBURSED AS AGREED UPON
UNDER THE PROVISIONS OF SECTION Io HEREIN. (Buyer's Taxpayer Iden(ifvation Number
LR: t
IJ ANY INTEREST EARNED THEREON SHALL BELONG TO THE ACCOUNT HOLL)Ett IN
CONSIDERATION OF THE EXPENSES INCURRED BY MAINTAINING SUCH ACCOUNT
AND RECORDS ASSOCIATED THEREWITH.
S (it) Pruecods of a new Conn in the amount of
years, with an amortization period not m exceed ___ — years, at an interest rate not to exceed
% per Rmtunt with mortgage loan discount points not to exceed % of the loan
amount, or such older terms as t y bu set forth on Exhibit B. Buyer shall pay all cults associated with any
suets Loan.
BuyerInitl{Is/j"h'" _ Seller In,
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DCM WILNI NGTON, NIC

(Irl) Delireljl' of a trronri14oL uute secured by a deed of bust, said promissory note ur the amount of
_.-- __ Dollars
being payable over a term of years, with an amortization period of _ years, payable to monthly
Installments of principal, together with accrued interest on the outstanding principal balance at the rate
of _-- _.percent(,+A) per annum in the amount of $—
with the first principal payment beginning on the fust day of the month next succeeding the date
of Closing, or such other terms as may be set forth on Exhibit B. At any time, the promissory nate may he
prepaid in whole Or in part without penalty and without further interest on the amounts prepaid from the
date of such prepayment (NOTE: In the event of Buyer's sut>_sequont default upon a promissory note
and deed of trust given hereunder, Seller's remedies may be limited to foreclosure of the Property. if
the dead of trust given hereunder is subordinated to senior financing, the material terms of such
financing mast be set furth on Exhibit B. ff such senior financing is subsequently foreclosed, the
Seller may have no remedy to recover under the nate.)
(iv) Anum lion of that unpaid obligation of Seller secured by a deed of trust an the Property, such
obligation having an outstanding principal balance of$__
and evidenced by a nate bearing interest at the rate of �etcen[%
per annum, and a current payment amount of S_
$ 617.5(10.00 WE fah, balance Or Purchase Price, at Closing in the amount of Six Ilundred and Seventeen Thousand
Five Hundred Dollars.
(e) "Closin ' shalt mean the date of completion of the process detailed in Section I I of tbis Agreement Closing shall
occur within 34 days From the end of the due diligence period detailed in Slmtion 11 or earlier upon mutual
agreement of the parties.
(d) "CentrAet Date" means the date this Agreement has been fully executed by both Buyer and Seller,
(e) "Examination Period" shall mean the period beginning on the first day after the Contract Bate and extending
through 5:00pm (based upon time at the locate orthe Property) onu lit 2019,
I----
TIME IS Or TNF, ESSENCE AS TO THE EXAMINATION PERIOD.
(t} " t r " Ault mean:
There are no brokers involved In this transaction.
(g) "Selkr't Notice Address" shall be as follows:
1029 A'orth HOwe Strcct, Southport, NC 26461
e-maitaddress:gj[ n)r,Etynfsnuthtmlri.emn fax number: 910457 -
except as some may he changed pursuant to Section 12.
(fl) "lhrver s Nuficc Address" shall be as follows:
e-mail address: fax number-,
Buyer Initialsl� _ S er htitia
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DC.a.4 WILA4!NGTON, ",C

except as same may be ohanged pursuant to Section 12,
() if this block is marked, additional terms of this Agreement me at forth on Exhibit A attached hers to and
incorporated herein by reference• (Note: Under North Carolina late, real estate agents are not permitted to
draft conditions or eantingeneies to this Agreement.)
Q (j) If this block is marked, additional terms of this Agreatnenl arc set faith on the Additional Provisions Addendum
(Form 581-T) attached hereto And incorporated herein by reference,
Section 1 Sate of Property and Payment of Purchase Price: Seller agrees to sell and Buyer agrees to buy the Property for the
Purchase Price.
Section 7. Proration of Expenses and Payinent of Costs: Seiler shall pay for preparation of a deed and all other documents
necessary to perform Sallet's obligations under this Agrooment.
Buyer shall pay recording costs, costs of any title search, title insurance, survey, the cost or any inspections or investigations
midenaketr by Buyerunderthis Agreement and die following;
Each parri shall 1387Y -17s own attorney's fees, "-
Section 4. Deliveries: Sellar agtecs to use best efforts to deliver to Buyer as soon as reasonably possible atter the Contract Date copies of
all material Information relevant to the Property in the possession of &[for, including but rat limited to: title insurance policies (and
copies of any documents referenced therein), surveys, soft test reports, enviromnarrlal surveys ar reports, site plans, civil drawings,
building plans, maintenance records and copies or all presently elective warranties or service contracts related to the Property, Seller
authorizes (I) any attorney presently or previously representing Seiler w release and disclose any title insurance policy in such attorney's
file to Buyer and both Buyers and Seller's agents and attorneys; and (2) the property's title insurer or its agent to release and disclose all
materials in the Property's title maunWs (or title insumlt s agent's) file to Buyer and both Buyer's and Sollar's agents and attorneys, if
Buyer does not consummate the Closing far any ream other dart Seiler default, then Buyer shad Mum to Seiler all materials delivered
by Seller to Buyer pursuant to ibis Section 4 (or Section 7, i€applicable), if any, And shall, upon Sellers request, provide to Seller copies
of (subject to the ownuiship and copyright interests of the prepatcr thereof) any and all studies, reports, surveys and other information
relnting directly to the Property prepared by or at the request of Buyer, its employees and agents, and shalt deliver to Seiler, upon the
intense of the Earnest Money, copies a€all ur the foregoing without any warranty ur representation by Buyer as to the contents, accuracy
or correctness thereof.
Section S. Evidence of Title: Sellar agrees to convey fee simple insurable tills to the Propelty without exception for mechanics' lions,
fru and clear of all liens, ancrrmbs•ancos and defects of title other than: (a) zoning Ordinances affecting the Property, (h) Ceases (tis
defined in Section 7, if applicable) and (c) specific instruments on the public record at the Contract Cate agreed to by Buyer (not
objected to by Buyer prior to the end of the Examination Period), which specific instruments shall be enumerated in the dead
refcr'anced in Section I i (items 5(a), 5(b) and 5(c) being collectively "Permitted ExcophoW); provided that Seller Shall be raqu r'ed to
satisfy, at or prior to Closing, any encurmbrances dial may be satisfied by the payment of a fixed ruin of money, such as deeds of trot,
mortgages or statutory liens. Setln'shall not enter into Or record any instrument that alects the Property (or any personal property
listed on Exhibit A) aftot' the Contract Datc without the prior wt'itteu consent of Moyer, which consent shall not be trorvasonably
withheld, conditioned or delayed.
Sectlou 6. Conditions: This Agreement and the rights and obligations of the parties wider this Agreement are hereby made expt'assly
conditioned upon fulfillment (or waiver by Buyer, whether explicit or implied) of Ilse following conditions;
(u) Nov Loan: The Buyer must be able to olxain the loon, if any, rehurcnced in Section t (b)(h)• Notwithstanding, after
_, Sellct may request in writing front Buyer a copy of the commitment letter. it Buycr fails to
provide Selina' a copy of the commilm 'V five ) days of receipt of Sollar's request, then Seller may terrnhiate this
Agreement by written notice to Buy at any tinn 'r, provided Seller has not then received a copy of the commitment letter,
Buyer InitiAts , 1
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DCPA WILINA NGTON, "iC

and Buyer shall receive a rearm of Earnest Money.
(b) Title Examination: After the Contract Date, Buyer shall, at Buyer's expame, cause a title examination to be made of the
Property before the end of tine Examination Period. In the event that such title examination shall show that Scllor's title is not fez
simple instirablo, subject only to Permitted Exceptions, then Buyer shall promptly notify, Seller in writing of pit such title defects and
exceptions, in no case later than the end of the Examination Period, and Seller shall have thirty (30) days to cure said noticed defects,
If Sella does not curt, the defects orobjoctions within thirty (30) days of notice thereof, Chen Buyer may terminate this Agreement and
receive a return of Earnest Monty (notwithstanding that the Examination Period may have expired). If Buyer is to purchase title
insurance, the insuring company must be licensed to do business in the state in which the Property is located. Title to the Property
must bt insurable at regular rates, subject only to starklund exceptions and Permitted Cxceptions.
(c) Same Cmtdiflon If the Property is not in substantially the same condition at Closing as of the date of the offer,
reasonable wear and tear excepted, then the Buyer may (i) terminate this Agreement and receive a mrom of the Earnest Money or (ii)
proceed to Closing whereupon Buyer shall be entitled to receive, in addition to the Property, any of the Seller's hisut'ance proceeds
payable on account of the damage or destruction appli"bte to the Property.
(c) hsnactions: Buyer, its agents or representatives, at Boyer's expetuc and at masooabla times during normal business
hours, shall have the right to enter upon the Property for the purpose of inspecting, examining, conducting timber umises, and
surveying the Property; provided, however, that Buyer shall not conduct any invasive testing of any unions without the prior exprem
written approval of Seller as to each specific invasive test intended to be conducted by Buyer. Buyer shall conduct act such on-site
inspections, examinations, telling, timber cruises and surveying of the Property in a good and workmanlike manner, at Buyer's
expense, shall repair any damage to the Property caused by Buyer's entry and on-site inspections and shall conduct same in a maturer
that: does not unreasonably interfere with Seller's or any tenant's use and enjoyment of the Property. in that respect, Buyer sbali make
reasonablo efforts to undertake on-site irsp*00003 outside of the hours Seller's or any tenant's bttsintss is open to the public. Buyer
shat) provide Seiler orally tenant (as applicable) reasonable advance notice of and Buyer shall cause its agents or representatives and
third party service providers (cg. inspectors, surveyors, etc.) to give masonabte advance notice of any entry onto the Property. Buyer
shall be obligated to observe and comply with any terms of any tenant lease which conditions access to such tenant's space at the
Property. Upon Seller's request, Buyer shall provide to Seller evidence of general liability insurance. Buyer shall also havc a right to
review and inspect all contracts or other agrecui nts affecting or related directly to the Property and shall be entitled to review such
books and records of Sclter that relate directly to the operation and maintenance of the Property, provided, however, that Buyer shall
not disclose any inImmation regarding this Property (or any Conant therein) unless required by law and the same shall be regarded as
confidential, to any person, except to its attorneys, accountants, lenders and other protemonal advisors, in which case Buyer shall
obtain their agreement to maintain such confidentiality. Bayer assumes all responsibility for the acts of itself, its agents or
representatives In exercising its rights under this Section 6(e) and agrees to indemnify, and hold Seiler harmless tiom any damages
resulting therefrom. This indemnification obligation or Buyer shall survive flit Closing or earlier termination of this Agrecrocnt,
Except as provided in Section 6(c) show, Buyer shall have ftxrm the Contract Date through the end of the Examination Period to
perrorm the above inspections, examinations and testing. IF BUYER CHOOSES NOT TO PURCHASE THE PROPERTY, FOR
ANY REASON OR NO REASON, AND PROVIDES WRITTEN NOTICE TO SELLER THEREOF PRIOR TO THE
EXPIRATION OF THE EXAMINAVON PERIOD, THEN THIS AGREEMENT SHALL TERMQ4ATE, AND BUYER
SHALL RECEIVE A RETURN OF THE EARNEST MONEY.
Seclion 7. Leases (Check one of tete following, as applicable):
VIf this box is checked, Seller affirmatively represents and warrants that there we no Leases (as hereinafter defined)
affecting the Property,
If this box is checked, Seiler discloses that there aro one er more lenses affecting the Property ("I,cascs"} and the
following provisions arc hereby made a part of this Agreement -
(a) A list or all Leases shall he set forth on Ext i t I1. Seller represents and warrants [hat as of the Contract Date, deerc arc
no other Leases, oral or written, recorded-ertaot, no so.b es affecting tiie Property, except as set forth on Exhibit B;
7.
Buyer initis ly 11—,
RECEIVED
JUL 0 3 2019
DUA WILMINGTON, NC

N Seller shall deliver copies of any Leases to Buyer pursuant to Section 4 as it'li-ra Leases were listed therein;
(c) Seller represents and warrant$ that as of the Contract Data there are no current defaults (or any existing situation which,
with the paSsago of lima, or the giving of notice, or both, or at the election ot'either leadlend err tenant could constitute a default) either
by Seller, as landlord, ar by any Conant under any Lease ("Lease Defauh'�. In the event more is any Lease Default as of the Contract
Date, Seller agrees to provide Buyer with a detailed description of the situation in accordance with Section 4. Seller agrees net to
commit a Lease Default as Landlord after the Contract Date, and agrees further to notify Buyer immediately in the event a Lease
Default arises or is claimed, asserted or threatened to be asserted by either Seller or a tenant under the Lease.
(d) in addition to the conditions provided in Section 6 of this Agreemoot, this Agreement and the rights and obligations of
the parties under this Agreement are hereby made expressly conditioned upon the assigtimaut of Seller's interest in any Lease to Buyer
in farm and content acceptable to Buyer (with tenant's written consent and acknowlenment of a required ester the Lease). Seller
egress to deliver an assignment of any Lease at or before Closing, with any security deposits held by Seller under any Losses to be
transferred or credited to Buyer at or before Closing. The assignment shall provide (i) that Seller shall defend, indemnity and hold
Buyer harmless from claim, losses, damages and liabilities (including, without limitation, court costs and attorneys' fees) asserted
against or incurred by Buyer which are caused by or the result of any default by Seller under any Lease prior to the data of Closing,
and (it) tlrei Buyer shall defend, indemnify and told Seller harmless from claims, losscs, damages and liabilities (including, without
limitation, court costs and attorneys' fees) asserted against or incurred by Seller which are caused by or the result of any default by
Buyer under any Least atter the date of Closing.
(e) Seller also agrees to execute and deliver (and work diligently to obraln any tenant signatures necessary for same) any
estoppel certificates and subordination, nondisturbarue and attainment agreements in such form as Buyer may reasonably request.
Section 8, govironotental: Seller makes no representations or warranties whatsoever related to the Property or any envimuraural
conditions ro[ated to the Prupetty, Buyer understands and acknowrlodges that this property was formerly used by the City of Southport
as a wastewater treatment plant site. As parr of the consideration for this contract and the sales price, Buyer agrees to be responsible
for all demolition, removal and clean• up costs (including environmental clean-up Costs) associated with the Property in the event that
Buyer purchases the Property, In addition, Buyer shall indemnify and hold Seller harmless for al! such costs and liability if Buyer
purchases the Property.
Section 9. Risk of Loss/Damage/Repair; LFittil Closing, the risk of Joss or damage to the Property, except as otherwise provided
herein, shall be borne by Seller. Precept as to maintaining the Property in its same condition, Seller shalt have no responsibility for the
repair of rho Property, including any improvements, unless the parties hereto agree in writing.
Section ill. Rarnest Money Disbursement: In the event that any condition hereto is not satisfied, then the Earnest Morrey shall be
refunded to Buyer. In the event of breach of this Agreement by Seller, the Earnest Money shall be refunded to Buyer upon Buyer's
request, in the event of breach of this Agreement by Buyer, the Earnest Money Deposit shall be paid to Seller as liquidated damages
and as Seller's sole and cxciusivt remedy for suoh breach, but without limiting Sellar's rights under Section 6(e) or Section 22 of this
Agreement. It is acknowledged by the patties that payment of the Earnest Motley to Seller in the event of a breach of this Agreement
by Buyer is compensatory and not punidve, such amount being a reasonable estimation of the actual loss that Seller would incur as a
result of such breach. 77re payment of the Earnest Money to Seller shall not constitute a penalty or forlbitura but actual compensation
for Seller's anticipated loss, both parties acknowledging the difficulty determining Seller's actual damages for such breach.
Section 11. Closing: At or before Closing, Seller shall deliver to Buyer a special weMa ty deed unless otherwise specified on Fthibir
B and other documents customarily executed or delivered by a viler in similar transactions and Buyer shall cause to be delivered the
funds necessary to pay to Seller the Purchase Price. The Closing shall be conducted by Buyer's attorney or handled in such other
marmot as the parties hereto may mutually agree in writing- Possession shall be delivered at Closing, unless othenvisa agreed herein.
The Purchase Price and other funds to be disbursed pursuant to this Agreement shall not be disbursed until 1110 Buyer's anomey's (or
other designated serilement agent's) reetipt of authorization to disburse all necessary Funds.
Section 12, Notices: Unless otherwise provided herein, all notices and ether communications which may be or are required to be
given or made by any patty to the other in connection her 'rh shall be in writing (which shall include electronic mail) and shall be
deemed to have been properly glv and r eiveI {i the to delivered in person or (ii) the date deposited in the United State
u+ail, registered or tatifted, tarn ru:eupt r ties ufrhe a teases sot out in Section l(g) as to Scaler and in Section l(h) as to
Buyer lniti Z? -- _ e
RECEIVED
JUL 0 3 2019
DCPA WILM NGTON, ".'C

BUY", or at such olid• addresses as specified by wriucn notice delivered in accordance ltcrewith, (iii) upon the sender's receipt of
evidence of complete and successful transmission of electronic mail or facsimile to tits electronic mail address or facsimile number, if
any, provided in Section I(S) as to Seller and in Section I(h) as to Buyer or (iv) on the date deposited with a recognized overnight
delivery service, addressed to the addresses set out in Section 1(g) as to Seller and in Section 1(1) as to Buyer, or at such other
addresses as specified by written notice delivered in accordance herewith. If a notice is sent by more than one method, it will be
dined received upon the earlier of the dares of receipt pursuant to this Section.
Section 13. Counterparts; Entire Agreement: This Agreement may be executed in one or more counterparts, which taken together,
shall constitute one and the same original document. Copies of original signature pages of this Agreement may W exchanged via
fa imik or e-mail, and any such copies shall constitute originals. This Agreement constitutes the sole and entire agreement among
the parties hereto and no modification of this Agreement shall be binding unless in writing and signed by all patties hereto. The
invalidity of one or more provisions of this Agreement shall not affect the validity of any other provisions hereof and this Agrocmuit
shall be cottstived and enforced as ifsuch invalid provisions were not included,
Section 14. Enforceability: This Agreement shall become it contract when signed by both Suyt r and Seiler and such signing is
communicated to both parties; it being expressly agreed that tine notice described in Section 12 is not required for effective
communication for the purposes of this Section 14. The parties acknowledge and agree that: (i) the initials lines at the bottom of each
page of this Agreement are merely evidence of their having reviewed the terms of each page, and (ii) the complete execution of such
initials lines shall not be a condition of the c ffectiverim of this Agreement. This Agreement shall be binding upon and inure to the
benefit of the parties, their heirs, successors and assigns and their personal representatives.
Section 15. Adverse Information end Compliance with taws:
(a) Seiler Knowledge: Seller has no actrtut knowledge of (i) condemnation(s) affecting 0, contemplated with respect to the
property; (ii) actions, suits or proceedings pending or threatened against the Property; (iii) changes contemplated in any applicable
laws, ordinances or restrictions affecting the Property; or (iv) governmental special assessments, either pending or confirmed, for
sidewalk, paving, water, sewer, or other Improvements an or adjoining the Property, and no pending or confirmed owners' association
special assessments, except as follows ([riser[ "None" or the identification of any matters misting to (i) through (iv) above, if any):
Note: For purposes of this Agreement, a "confirmed" special assessment is `defined as an assessmatt that has been approved bya
go vcrnmentai agency or in owners' association for the purpose(s) stated, whether or not it is fully payable at time of closing. A
"pending" special assessment is dofined as an assessment that is under formal consideration by a governing body. Seller shall pay all
owners' association assessments and all govemmentai assessments confirmed as of the date of Closing, if any, and Buyer shall take
title subitot to all pending assessments disclosed by Seller heroin, if any.
Seller tepYescnts that the regular owners' asauciatian dues, if any, are 5_ . Per
(b) Cotnnllauec: To Seller's actual knowledge, (i) Seiler has complied with all applicable laws, Ordinances, regulations,
statutes, rules and restrictions pertaining to of affecting the Property; (4) performance of the Agreement will not result in the breach
of, constitute any default under or result in the imposition of any lien or encumbrance upon the property under any agreement or other
iwtrumcnt to which Setter is a party or by which Seller or the Property is bound; and (iii) theca are no legal actions, suits or other legal
or administrative proceedings pending or threatened against the Property, and Seiler is not aware of any facts which might result in
any such action, suitor other preceeding.
Section 16. Survival of Representations and Warrenties: All representations, warranties, covenants and agreements made by dsc
parties heroin shall survive the Closing and delivery of the deed. Seller shall, at or within six (6) moods alter the Closing, and
without further consideration, excc dc, ackrwwkdge and dehver to Buyer such other documents and instruments, and take such other
action as Buyer may reasonably roclutst or as may be accessary to mors ctfectivoty transfer to Buyer dm Property described herein in
accordance with this Agreement.
Section 17. Applicable Law: This Agreement shall be construed under the laws of the state in which the property is leeatcd, This
form has only been approved for use in North Carolina.
Section 18. Assignment: This Agr near is Tal _ / able bless otherwise expressly provided on Exhibit A.
Buyer milia _X_ T S Icr Initials
RECEIVED
JUL 0 3 2019
DCk! WILN.aNGTOK `:C ,

Section 19. Tax-MIcrrtd Exchange: to the event Buyer ar Seller desires to effect a tax-0efctred exchange in conrcction with the
conveyance of tileree Prapesty, Buyer and Seiler agw cooperate in effecting such exchange; provided, however, that the exchanging
POKY shall be responsible for all additional costs associated with such exchange, and provided finther, that a nen-exchanging party
Shall net assume any additional liability with respect to such tax-deferred exchange. Seller and Buyer shall execute such additional
documents, at no cost to the non -exchanging party, as shall be required to give effect to this p,uvisiou.
Section 20. Memorandum of Contract: Upon request by either party, the parties hereto shall execute a memorandum of contract in
recordable form setting forth such pretisiom hereof (other than the Purchase Price and other sums due) as either party may wish to
incorporate. Such memorandum efcontraot shalt contain a statement that it automatically terminates and the Property is released from
any effect thereby as of a specific data to be stared in the memorandum (which specific date shall to no later than the date of Closing).
Tire cost of recording such memorandum arcolttraet shall be home by the party requestine execution of same.
Section 21, Authority: Each signatory to this Agreement represents and waiTatits that he or she has full authority to sign this
Agreement and such insitvmcnts as may be necessary to effectuate any transaction contemplated by this Agreement an behalf of the
party for whom he or she signs and that his or hot signature binds such party.
Section 22. Brokers: Except as expressly provided herein. Buyer and Seller agree To indemnify and hold each other harmless from
any and all claims of brokers, consultants or real estate agents by, through or under die indemnifying party for fees or commissions
arising out of the sate of the Property to Buyer. Buyer and Seller represent and warrant to each other that: (i) except m to the Brokers
designated under Section 1(0 or this Agreement, they have not employed nor engaged any brokers, consultants or real estate agents to
be involved in this transaction and (ii) that the compensation of the Brokers is established by and shall be governed by separate
agcements entered into as amongst the Brokers, the Buyer and,'or the Seiler.
Section 23. Attorneys Fees! IF legal proceedings are instituted to enforce any provision of this Agreement, trate prevailing party in the
proceeding shall be entitled to recover from the aoo-prevailing party nntsenable attorneys foes and court costs incurred in conneaiion
with the proceeding,
0 EIFSISYNTHETIC STUCCO: if the adjacent box is checked, Seller discloses that the Property has been clad previously
(either in whole or in part) with an "exterior insulating and finishing systcnY' commonly known as "BIFS" or 1,syndtetie srrcco
Seller makes no mprosentations or warranties regarding such system and Buyer is advised to make its own itrdeneudwa tkterminations
with respeet to conditions related to or occasioned by the existence of arch materials at the Property.
T11E NORTFI CAROLINA ASSOCIATION OF REALTORSe, INC. AND THE NORTH CAROLINA BAR ASSOCIATION
MAKE NO REPRESENTATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FORM IN
ANY SPECIFIC TRANSACTION, IF YOU DO NOT LIN-DERSTAND THIS FORM OR 1`13114 THATIT DOES NOT PROVIDE
FOR YOUR LEGAL NEWS, YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOU
SIGN IT.
BAYER: SELLER:
Individual
War
Business Entity
Buyer lnitin Seller nitia
J
Date:
Business Entity
RECEIVED
JUL 0 3 2019
DCPA NUANGTOK !'O

Name:
`Title:
Date:
(Name of Entity) (Namo of Entity)
Name:
Date:
The undersigned hereby acknotviedges receipt of the Earnest Money set tarth herein and agrees to held said Earnest Money in
accordance with the terms hereof.
Date:
Dwyer in" is YC _._.
(Name ofFscraw Agent)
By. __,.,....._. �. --
RECEIVED
JUL 0 3 2019
DC?A WILIM!NGTO*I, .

EXHIGMA
1. At closing Buyer shall dedicate and convey a tan foot wide easement to the City of Southport
along the northern property Itne of the Property from the West Street right of way to Cottage
Creek for a public walkway to access Cottage Creek and for use by the public as a kayak launch,
observation deck, public viewing area and similar public uses allowed by NCDEQ and other
regulatory agencies having regulatory jurisdiction. Wier acknowledges that improvements
within this area are governed by the NC Division of Coastal Management and its' rules regarding
the 30 foot buffer and 75 foot area of environmental concern. Seder further acknowledges that
(i) it must obtain permits for the improvements from DCM, (it) that all improvements must be
timber and pervious in nature, and (iii) that CAMA's general guidelines would permit a 6 foot
wide fixed pier to the water, up to 200 square feet of decking within the 30 foot setback from
mean high water (not including the 6 foot pier) and any amount of timber decking from 30 to 75
feet. Buyer agrees to cooperate with and assist Seller in the acquisition of all necessary permits
applicable to said improvements.
2. At closing Buyer shall dedicate and convey to the City of Southport an easement for 0.11 acres
of upland area which 0.11 acre tract shall include a portion of the 10 foot access easement
together with an area adjacent to said 10 foot access easement within NCDENR's 75 foot AEC to
be used by the public for uses allowed by NCDEQ and other regulatory agencies having
regulatory jurisdiction.. Seller acknowledges that improvements within this area are governed
by the NC Division of Coastal Management and its' rules regarding the 30 foot buffer and 75 foot
area of environmental concern. Seller further acknowledges that (I) it must obtain permits for
the improvements from DCM, (it) that all improvements must he timber and pervious In nature,
and (Ili) that CAMA's general guidelines would permit a 6 foot wide fixed pier to the water, up to
200 square feet of decking within the 30 foot setback from mean high water (not including the 6
foot pier) and any amount of timber decking from 30 to 75 feet. Buyer agrees to cooperate with
and assist Seller in the acquisition of all necessary permits applicable to said improvements.
3. Buyer shall contribute SD% of the cost to the City of Southport for construction of the kayak
launch and observation deck referenced above, with Buyer's share not to exceed $ 25,000.00.
4. Buyer agrees to provide no less than 5 parking spaces for the public on the Property which
spaces shalt count toward their required numberof spaces under the Southport VDO.
5. During the Examination Period referenced in Section 1(e) and Section 6 (e) of the Agreement for
Sale and Purchase of Real Property, Seller may conduct all necessary tests of the Propertyand
may apply for all permits and approvals which it deems necessary, including a permit to
construct a 50 foot tall dry storage building identical to the existing dry storage building now in
use, from all regulatory agencies Including federal, state and local authorities.
RECEIVED
JUL 0 3 2019
DC!A WVA!NGTON;"

Project Name:
Major Permit Fee Schedule
County:
V�, W_A�
Check No & Amnt:
leaf o An
Development Type
Fee
DCM %
DWQ
(14300160143510009316256253)
(2430016024351000952341)
I. Private, non-commercial development
that does not involve the filling or
2. 0
y
excavation of any wetlands or
100%($250)
0%($0)
open water areas:
II. Public or commercial develop ant
O
does not involve the filling or a ca
$400
100%($400)
0%($0)
of any wetlands or open water a
III. For development that invoivesthe
filling and/or excavation of up to 1 acre
of wetlands and/or open water areas,
determine if AA C, or D below applies:
III(A). Private, non-commercial
development, if General Water Quality
$250
100%($250)
0%($0)
Certification No. 4175 can be applied:
III(B). Public or commercial development,
if General Water Quality Certification
$400
100%($400)
0%($0)
No. 4175 ran be applied:
III(% If General Water Quality
Certification No. 4175 could be applied,
but DCM staff determined that additional
$400
60%
review and written DWQ concurrence is
($240)
40%($160)
needed because of concerns related to
water quality or aquatic life:
III(D). If General Water Quality
Certification No. 4175 cannot be applied:
$400
60% ($240)
40 /0 160
° ($ )
IV. Development that involves the filling
and/or excavation of more than one acre
$475
60%($285)
40%($190)
of wetlands and/or open water areas: