19890067 Ver 1_Complete File_19890101

DIVISION OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY SECTIO14
Comments concernYng an application for State Federal CAMA Permit(:;

A. PERMIT:
from""i%'

This office cannot comment on this project until after the crlo$1c of the Section
401 Certification Public Comments Period.
/This office has no objection to the issuance of the permit(s) for the proposed
project with the following conditions: i
X_ That the activity be conducted in such a manner as to plevcnt significant
increases in turbidity outside the area of construction or construction-
related discharge (increases of 25 NTU's or less are not considered
significant).
That the instream turbidity not be increased by more than 50 NTU's as a
result of the proposed activity after a reasonable opportunity for dilu-
tion and mixture.
That turbidity levels in siall not be increased
by more than 10 NTU's as a result of the proposed activity after a reason-
able opportunity for dilution end mixture. ?
B. CERTIFICATION STATUS:
_ Certification is not required
for this project.
Certification is squired for
this project. Such action to
process the certification has
beer, initiated. Proposed
Certification will be acted on
or after
The proposed project is certified
under General Certification
A) No. 1179 issued on January 25, D) No. 1431 i;Su
ed on October 16,
1977, for sewer line construction l
1980, for boat ramp construction.
B) No. 1272 issued on November 10, E) No. 1664 issued on September 8,
1978, for bulkhead construction. 1983, for Itip-Rap Placement.
C) too. 1273 issued on November 10, F) No. 1665 issued on September 19,
1978, for discharges of liquid 1983, for incidental bridge
effluent from diked upland disposal construction.
areas.

WATER QUALITY SECTION
DIVISION OF ENVIRONMENTALI MANAGEMENT

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ACTION :ftritr,, ir'' I'; ? Rr',;ii , i,l i!:': ; r'., 16

TYPE is ' 1; .i.l I CA i i (.:ii I i ': t ; 1,..; 0

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._ : I GC: J..'L:I''f'. I H AL 1 K!'ORI t.`Q'
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RECEIVING STREAM: t. : (..! i' •°; ,.!.I t.1 t:; IC SOUND C::L `r ,::.:.: ?• !.
COMMENTS:
S1:fL:: LOCA TED {.:;;i'iAi...;::.i ii:_,:>D VIi...i._AGE RD.: IN C OROLLA
PROPOSAL TO :..1 t,.; i ,.t 65' X .. GRAVEL P ARKING ;.....i A 1.'?i .!:. .. N r
OVER R i..,1O1't,.'.Ihlv... MA
MA RSH R,S
RSH 1 X 48'; it CONC
CONC
CCONC RETE
RETE
RETE E . BOAT fi{M;°` {.. i.{" 1 it'. .
A i':CER ' X i38' WITH 8 i'=.:' F:id(:ii.:R f ':f.l.:R i"t(L:D 8 MOORING 1j QG,--,
1 ONG ACR E DEVELOP ED- { t.: j°: i°i :i 't i ,. _ r': REVIEW •: r.:. i>...! e:. ; : i e:- !. ;
SITE !.i'VI.S iIGiiiT.isN ON 5/3/89

COPIES: W
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DIVISION OF ENVIRONMENTAL MANAGEMENT
MEMORANDUM
TO: Bill Moore, Environmental Engineer
Water Quality Section, WaRO
FROM: Deborah Sawyer, Environmental Technician
Water Quality Section, WaRO
SUBJECT: Dredge and Fill Reviews on Hold for Stormwater
Project:
Project No.:
Date Received: ('? 7 O
view
/IZ;p?J
R C C I V E
AMY 0 11989
UP'tERnAQOACITY SECTION
rrpNg SRgNCH
Initial Date Comment:9 U 2?5 _
I
Description of Project:
Comments:

f

fVED
A'I1 ? 'u 19 59
r?? V( SECTION

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MEMORANDUM
TO: DEBORAH SAWYER
FROM: Gray Hauser
SUBJECT: APPLICATION FOR CAMA MAJOR PERMIT AND/01
DREDGE AND FILL PERMIT
DATE: April 14, 1989
Z
I?,?Sy NGT ??f0
r?pR OFFICE
1989
D , LL
Attached is an application by CURRITUCK COUNTY
which was received by me on
Y 3/27/89 T am considering
this application complete, have acknowledged recent, and have
begun processing.
It you have any questions, do not hesitate t<
:ontact me.
/yll
Enclosures
OFFICE OF COASTAL MANAGEMMT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME CURRITUCK
i<i,zit:36022' 20"
Lorig:75°50100"
2. LOCATION OF PROJECT SITE Whalehead Village Club Ro,dii, Corolla
Currituck County. Aerial photo 135-628 3 G
3. INVESTIGATION TYPE: DREDGE & FILL CAUrYi X
4. INVESTIGATIVE PROCEDURE: I?
(A) DATES OF SITE VISIT 4/6/89
(B) WAS APPLICANT PRESENT no ?l
5. PROCESSING PROCEDURE: APPLICATION RECEIVED 3/27/39
OFFICE Elizabeth City i I
6. SITE DESCRIPTION: (A) LOCAL LAND USE PLAN Curr.it_ick County
LAND CLASSIFICATION FROM LUP Transition
DEVELOPMENT CONSTRAINTS IDENTIFIED TIT LUP none
(B) AEC(S) INVOLVED: OCEAN HAZARD ESTUARINE'::41ORELINE X
COASTAL WETLANDS X PUBLIC T-IMST WATERS X
ESTUARINE WATERS X OTHER I
(C) WATER DEPENDENT: YES X NO OTHER
D) INTENDED USE: PUBLIC X PRIVATE COTMERCIid',
(E) TYPE OF WASTE WATER TREATMENT: EXISTING .080 MIGD WWTP
PLANNED Additional .080 MGD WWTP Expansion I
(F) TYPE OF STRUCTURES: EXISTING none 1
PLANNED Bridge, Boardwalk, Boat Ramp, Pier with finger piers
and pilings
(G) ESTIMATED ANNUAL RATE OF EROSION N/A SOURCE I
7. HABITAT DESCRIPTION:
AREA I
(A) VEGETATED WETLANDS DREDGED FILLKEY I OTHER
coastal marsh (Typha sp.) 11 480 sg. ft.
(shading)
ooded wetland (Salix, Baccharis) 1 288 sq. ft.
(shading)
(B) NON-VEGETATED WETLANDS:
Shallow-water habitat 540 sq. ft.I1008 sq. ft.
I(shadina)
(C) OTHER:
Parkinq lot 8775 sa. ft.
TOTAL AREA DISTURBED: 11,091 sq. ft.
8. PROJECT SUMMARY: Construction of wooden bridge and
wooded wetlands and coastal marsh; a concrete boat ramp
mooring pilings, and a gravel parking lot is proposed.
boardwalk over
a
CURRITUCK COUNTY
BIO REPORT
PAGE 2
SITE EVALUATION
The applicant owns an easement from 111 West li?:,sociates for
a public boat ramp and pier at the Whalehead Club site. in.
Corolla, Currituek County, adjacent Currituckl Sound. The
vel parking
proposed development would include a 651 X 1351
g7a
lot, a wooden bridge and walkway over coastal marsh 15' X.48',- a
concrete boat ramp in open water 15' X 36', a pier 6' X 138',..
with eight 15' finger piers and eight associated mooting pilings.
The parking lot is proposed for an upland area vegetated
with mowed grasses and one Wild Red Cherry (Prunus
pensylvanica). The wooden bridge and walkway woulLdI cross 12 to
16 feet of wooded wetland fringe vegetated with Black' Willow
(Salix nigra), Baccharis sp. and Rhus sp. The briag,-, and walkway
would then cross 20 to 24 feet of coastal marsh with a homogenous
stand of cattail (Typha sp.). The pier and assdciated pilings
would be placed in open water with a maximum depth I(1 3.15 feet.
. The boat ramp and pier are being provided by Currituck.
County for use by the public. 111 West Associates granted an
easement to the County for this purpose ,acrosp the private
Whalehead Village development as settlement 8,f a lawsuit.
Members of the public wishing to use the ramp will have to pass
through a guarded entrance maintained by the develal,,?r. The'Deed
of Easement specifies several conditions governing tiAe use of the
easement, including length of stay, hours of operatrL n, authority
of entrance guard, etc.
ANTICIPATED IMPACTS
i
The parking area is not anticipated to-have any significant
impacts on the adjoining wetlands and waters. Viei bridge over
the wetlands will not require any excavation or fill. Vegetation
will have to be cut down in an approximately 288 sc[. foot area of
wooded wetland. The bridge and walkway will shade' out a 480 sq.
foot area of coastal marsh. The construction of the boat ramp
and pier will disturb the sound bottom and temporar',ily increase
water turbidity. No submerged aquatic vegetation z.s? known to be
in this area.
CAMA REVIEW
The proposed development is a water •dependent Iuse that is
consistent with the Currituck County LUP classification of
transition.
Submitted by: T. Gray Hauser, Jr .C?CeDate: April 12, 1989
q-
Please type or print. Carefully describe all anticipa Ll?,17
development activities, including construction, exc tion, filling, paving, land clearing, and stormwater trol. If the requested information is not relevant to project, write N/A (not applicable). Items 1-4 and 8-9
must be completed for all projects.
C.
1 Applicant
a. Name County of Currituck
d.
Address P. 0. Box 70
City Currituck State NC
Zip 27929 Dayphone 232-2075
Landowner or x x Authorized agent
b. Projcctnime(ifany) Corolla Boat Ramp
c. If the applicant is not the landowner, also give the
owner's name and address.
111 West Associates
89 Milburn Ave
Milburn, NJ
Easement is deeded to Currituck
County
2 Location of Proposed Project
a. Street address or secondary road number
Club Road
b. City, town, community, orlandmark
c. County C u r r i t u c k
d. Is proposed work within city limits or planning
jurisdiction? Nn
e. Name of body of water nearest project
Currituck Sound
3 Description and Planned Use
of Proposed Project
a. Describe all development activities you propose (for
example, building a home, motel, marina, bulkhead,
orpier)._Construrt boa ramp and
pier
4
If you plan to build a il
att ch Form DCM-Ml
e proposed activit
existing project, new
_NPw tvnrk ia rna, also complete and
'.
y maintenance of an
e?Ik, or both?
i
Will the project be forl
commercial use?
Public use cc;,tlimunity, private, or
I I
Describe the planned u
I minrhi n
n a_nri? l,Sc of the project.
rki nn
nn
of hnntS nn n i_.[In%] ilqa ha-Si _q
open to the T _di'l LC___

Land and Wate ll- Characteristics
a. Size of entire tract 3 f3F ? c r e s
? I
b. Size of individual lot(s)-_8000 SF (Approx. )
c. Elevation of tract above mcan sea level or
National Geodetic Ver6c 1 Datum
4 to 8 feet)
d. Soil type(s) and texture (s) of tract
Fine to medzuri sand
I
e. Vegetation on tract _ p h. s 1 g n i f i r a n t
?I
f. Man-made features noj? on tract W h a l e h e a d Club
g. What is the CAMA Lard rJse Plan Classification of
the site? (Consult the loc,il land use plan.)
Conservation x Transitional
Developed Community
Rural Other
h. How is the tract zoned by local government?
_ Pun I
i. How are adjacent water; classified?
j. Hasa professional arch. ,a?ogical survey been
carried out for the tract., If so, by whom?
No _
I I
5 Upland Development
Complete this section if the project includes any land
development.
a. Type and number of buildings, facilities, or
structures proposed Bridge, ramp and
pier
b. Number of lots or parcels One
c. Density (Give the number of residential units and the
units per acre.) 58 res i dentin 1 iini tg
_on 38 acres erlua 1 s 1 - 5 per acre

?I
I
Water supply source I _
i i v a t e wells
If the project is oceanf,ar.
the steps that will be tal:ca
public beach accesswa j s o
N/A I development, describe
i to maintain established
r provide new access.
I
M.
n.
I I
If the project is on the t111: ltinfront, what will be the
elevation above mean Ica level of the first habitable
floor? N/A
I -I
d. Size of area to be graded or disturbed
approx Z acre
°
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.
If applicable, has a sedimentation and erosion
control plan been submitted to the Division of Land
Resources? N/A
f. Give the percentage of the tract within 75 feet of
mean high water to be covered by impenneable
surfaces, such as pavement, buildings, rooftops.
negligible
g. List the materials, such as marl, paver stone, asphalt,
or concrete, to be used for paved surfaces.
stone for parking area and con-
crete for ramp. Remainder - wood
h. If applicable, has a stormwater management plan
been submitted to the Division of Environmental
Management? N/A
6 Excavation Ancl V= ill Information
a. Describe below the purl:O Ie of proposed excavation
or fill activities (excluding, bulkheads, which are
covered in Section 7).
Access channel
(MLW) or (NWL)
Boat basin
Other (break-
water, pier,
boat ramp,
rock jetty)
L(nsth Width Depth
31 ftl 15 ftl -3 ft
i. Describe proposed sewage disposal and/or waste Fill placed in
water treatment facilities. wetland or below
Hone related to this nrniert MHW
Upland fill
j. Have these facilities received state or local approval? areas
yes
k. Describe existing treatment facilities.
An,nn_ n?npd tertiary trPafinenf
_fnr, il i fV with 1r(lhnn qQdp 1 nnna
nr the antirP trart of 5R 1nt-
1. Describe location and type of discharges to water. of
the state (for example, surface runoff, sanitary
e
wastewater, industrial/commercial effluent, "wash
down"). surfa p runoff only
2
b. Amount of material to l ,- ewavated from below
water level in cubic yar!J- 1 95
c. Type of material F1(;r)_r=, to Medium sand
d. Does the area to be exa .tted include marshland,
swamps, or other wetlaJ'lds
High ground excavation, in!cubic yards
none I
l:?cccding 12 months, in
not cinnifirant
f. Dimensions of spoil disposal area c. Shoreline erosion duri
approx one acre feet unknown bu
g. Location of spoil disposal area n ri d a r P n f
lots
d. Type of bulkhead
A
h. Do you claim title to the disposal area? no
If not, attach a letter granting permission from the
owner.
i. Will a disposal area be available for future
maintenance? no
If so, where?
j. Does the disposal area include any marshland,
swamps, or water areas?
no
k. Will the fill material be placed below mean high
water? n o
1. Amount of fill in cubic yards none
m. Type of fill material none
n. Source of fill material n n n P
o. Will fill material be placed on marsh or other
wetlands? no
p. Dimensions of the wetland to be filled
none
q. How will excavated or fill material be kept on site
and erosion controlled?
Silt fences
r. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)? excavator, drag] i n _
s. Will wetlands be crossed in transporting equipment
to project site? If yes, explain steps that will
be taken to lessen environmental impacts.
no
7 Shoreline Stabilization
a. Length of bulkhead or riprap none
b. Average distance waterward of mean high water or
normal water level 0
e. Amount of fill, in cubid y:}1ds, to be placed below
mean high water nor, i e
f. Type of fill material
none
8 Additional Infori-?irtion
In addition to the complet6l a plication form, the follow-
ing items must be submitto
A copy of the deed (with sta;41 application only) or other
instrument under which thy. applicant claims title to the
affected property. If the alipliCant is not claiming to be
the owner of said property ill 'In forward a copy of the
decd or other instrument undc} which the owner claims
title, plus written permissi n f -om the owner to carry out
the project.
An accurate work plat (it eluding plan view and cross
sectional drawings) drawn to Scale in black ink on an 8
1/2 x 11 white paper. (Ref(lr ti? Coastal Resources
Commission Rule 7J.0203 for a detailed description.)
Please note that original dra\ ings are preferred and
only high quality copies will be accepted. Blue-line
prints or other larger plats I?rc 4cceptable only if 16 high
quality copies are provide( l)y applicant. (Contact the
U.S. Army Corps of Engin,un. regarding that agency's
use of larger drawings.) A it or location map is a part
of plat requirements and it oust be sufficiently detailed
to guide agency personnel jinl*amiliar with the area to the
site. Include county road numbers, landmarks, and
the like.
A stormwater manageme it flan, if applicable, that
may have been developed i 3 consultation with the
'`a;u?agcment.
Division of Environmental
A list of the names and co jctp ete addresses of the ad-
jacent waterfront (ripari.1n) landowners. These in-
dividuals have 30 days in vJhich to submit comments on
the proposed project to the Div Iision of Coastal Manage-
ment and should be advise( b,,r the applicant of that op-
portunity.
Name Outer Banks Ventures
Address S. R. Box 328 9 Certification a d;Permission
Duck NC 27949 C to Enter on Lai (("
Name 1-,+-atP of Hnrt h f arnl i nn
Address Prnperty nffi rP
Raleigh, NC
Name
Address
A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
pcrmittec, and issuing dates.
A check for $100 made payable to the Department of
Natural Resources and Community Development to
cover the costs of processing the application.
Any permit issued in respbn.;C to this application will
allow only the devclopme?a described in the application.
The project will be subjec m conditions and restrictions
contained in the permit.
I certify that to the best of n?y'knowledge, the proposed
activity complies with thel5ta, c of North Carolina's ap-
proved Coastal Managern(ut >i'rogram and will be con-
ducted in a manner consist cr,t with such program.
I further certify that I am uutl orized to grant, and do in
fact, grant permission to rcl,rLaentatives of state and
federal review agencies to miter on the aforementioned
lands in connection with e aluating information related
to this permit application and ollow-up monitoring of
project.
This is the 2 7 day of r ` _ r u a r y 119 89
i_ 1 1 i
A signed AEC hazard notice for projects in oceanfront
and inlet areas.
A statement on the use of public funds. If the project
involves the expenditure of public funds, attach a state-
ment documenting compliance with the North Carolina
Environmental Policy Act (N.C.G.S. 113A-1 to 10).
Landowner or Authorized L'sicnt
Marshall E. Chi
Currituck Coun
acting as authl
of Board on Fel
y, Jr.
Commissioner
zed by resolution
20, 1989
TATES STATE OF NORTE!
DEPARTMENT OF NATUI
THE INTERIOR AND COMMUNITY D
.SURVEY RALEIGH, NORTH
423 `24 '25 50 COROLLA 0.3 KAI (fI (COROLLA)
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3 r 6 C U 7 6 5 3
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DATE 4,`1( /89
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NORTH CAROLINA
CURRITUCK COUNTY
THIS DEED OF EASEMENT made and entered into t)Ii.
;/. f
7th day of
February, 1989 by and between Ill WEST ASSOCIATESI, INC., a New
Jersey Corporation (hereinafter designated "Grantw`).V1) and THE
COUNTY OF CURRITUCK, a duly authorized governmental c '-ity exieting
Chapter 153A of the North Carolina General Statute, (hereinafter
designated "Grantee");
W_ TNFS S FTH?
WHEREAS Grantor owns a certain tract of land loc:' od adjacent
to the Currituck County Outer Banks adjacent to the CJ„i,ituck Sound
known as the Whalehead Hunt Club; and
WHEREAS
pursuant to a Memorandum of Agreement r:??tad January
18, 1989, incorporated herein by reference, Grantor) Grantee and
other parties compromised and settled various lawsuitr? 1:71en pending
between them; and
WHEREAS, pursuant to said Memorandum of Agrce?f':ajt, Grantor
agreed to provide to Grantee and its citizens an ??ement for
Purpose of ingress-and egress to and from the Currit ll0l; Sound to
launch and remove boats and to use the boat launpier and
related facilities as herein described;
NOW THEREFORE, for and in consideration of entry of
judgments disposing of the litigation between the rties and
removing any and all clouds upon the title of Gra :dr, and in
further consideration of. the other cpvenants eonta,.nOd in the
Memorandum of Agreement dated January 18, 1989, inclu':a_,ig but not

• I,
1' itcd to the release and quit claim Of any and I'-? other rights
__11

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, easements or roa ds on Grantor's propert', Grantor does
of way, unto Grantee a pe 1?,f?tual and non-
hereby give, grant and convey i
egress zit-,d regress over
exclusive easement and right of ingress,
and across Grantor's land in the place and manner horainafter set
subject to the terms and conditons hereina' _r enumerated,
forth,
for the purpose of launching and removing boats fyoia the Currituck
sound. Thu eazsGlaent and right of way herein grantcLl is located and
described as follows;
Poplar Branch Township, Currituck County, N '
Being the easement along Club Road (Private oad) from Ocean Trail (Public Road) to the parkinti I and ramp
easement area shown on the
19a9 a entitledou Ca?c ?ll? eLlght
P.A. dated February 1? Club Raad,?='irking and
P.U.D. Phase 9, Whalehead Club,
Boat Ramp Easement" attached hereto as Exhibit A and
incorporated by reference herein.
The grant and acceptance of this easement aid right of way of
ingress, egress and regress is sub5ect to the ftll-.owing terms and
conditions:
1. Subject to receipt of permits from any i=?I?d all necessary
governmental authvx:1Li,_ua or agcnoi.oc, cranrnr ,1;i11, 4t: its sole
cost, construct Um boat launoh and rolatad facilities (parking
lot, pier and boat slips) shown on the site -.A an attached as
Exhibit B by May 15, 1989 at the west end of the !asement described
above. In addition to said facilities, Grantor shall provide at
for use of the L] I I=s, trash recap-
its expense low. lighting
initial
taoloc and tra%h removal service related to the I:_:? i] ities.
dredging to allow reasonable use of the facilit-iar. by small boats
2

if permitted by any necessary governmental
option of Grantee, fresh water outlet (2)
authori,. and at the
and/or 6,.. :.,ctric outlet
(2) at the facilities with service expense to Gr6.411 oe. in the
11. 1
event permits to build the boat launch and facilities described
cannot be obtained after a due and diligent effort, the easement
and right of use abovedescribed shall automat7.:? Lally expire,
terminate and revert to Grantor without necessity al re-entry or
reconveyance and Grantor shall execute and provide t i..i easement, and
right of use of the boat launch and facilities descr''.:,ad in Section
10 of the Memorandum of Agreement, above referen`,..;d and incor-
porated by reference, as the agreed alternative. cordation of
the alternative easement and right of use shall UP conclusive
evidence of the automatic termination and reverter a:,thia casement
and right of use.
2. Restrictions upon the use of the easement !; -:'scribed above
and the facilities described in Section 1 hereof by I 'antes and its
citizens are as follows:
a. The purpose of use shall be limits:."), to utilizing
the easement to travel to and from .ila facilities
for purposes of launching and remoti,riii , boats frga
the Currit ck Sound and o exc+r?.: using the
b. The easement and use associated thei4,-.,?ith shall not
be advertised by the Grantee througi any manner of
signage or otherwise.
Co
d.
Parking by members of the public ut;;4.nj the- facilii
ties for the purpose intended shal)_ be limited to
the parking lot -constructed as I part of the
facilities as shown on Exhibit b andl irking in said
parking lot on any one occasion sha:t_ ba limited to
a maximum 24 hour period.
The facilities and use thereof shat:?. be closed for
a minimum period of four hours dai.li! between the
3
JOHN F LUkH , H I TUKHEY

e.

f.
g•
TEL Hu . ,l J `IJJ-??vo Mar 14
hours of midnight and 4:00 o'clock a.m.
may in its sole discretion close sama
public for a longer period of time.

v
The Grantee
the general
With respect to control of the use of IC' facilities
and easement, any guard or security ofs' ic:cr employed
by Grantor, or a successor Homeowner°l:; Association
for its development, at the entrance: co Grantor's,
property from the public road known ocean Trail
shall be limited in authority to the following
duties:
(1) The guard or of f icer may ascer:? in that any
person seeking entry intends to use the
easement and facilities for intended
purpose thereof;
(2) The guard or officer may issue pa for entry
in order to keep a record of pori7o s using the
easement and facilities, avoid !.;ceeding .the
capacity of the easement and f'i.c.;Ilities and
otherwise insure orderly use to.,void conges-
tion in and about the easement arti_'. facilities.
Grantor and its successors will not, through
the use of a guard or secui-J ty officer,
issuance of passes, or any (,!..her method,
regulate or restrict the use of ?A-. facilities
in a way that would discourage: ?public use,
except as such regulation or r, !:at.riction is
reasonably calculated to insure tit:a orderly use
of the facilities and avoid cyDngastion and
compliance with the restrict.i.::ins on use
expressly set forth in this Sect:i.gn 2.
Grantee may prescribe other rules air regulations
from time to time on use of the Usement and
facilities so long as same do not con#:'lict with the
minimum restrictions expressly set ;)nth in this
Section 2 and so long as same have rya..: regard for
the quiet enjoyment of the surrounditic.f property by
Grantor, its successors and its lot 6,;ners.
Grantee shall enforce compliance with I_Iiese restric-
tions and limitations on use of the' oIasement and
facilities and any rules and regulI,dons it may
adopt through ordinance or other Powe::r and Grantee
shall be responsible for procuring au%-. maintaining
liability insurance on the facilities aid their use.
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3. Thin deed of easement may be amended front 4ime to time
by mutual written agreement of Grantor or its (:-Aicc
essore in
interest, including any Homeowners Association for it c,evclopmant,
and Grantee, u'?t
a. Grantor reserves unto itself, its successor-.-. in interest
(including any Homeowners Association for its dev `;opment) And
I
other grantees (including lot owners in its developmc..it) the right
to use the easement and facilities described in Secti 1. To that
extent, the easement and right of use herein grt;0.cd is non-
exclusive.
TO HAVE AND TO HOLD, subject to the terms and corlatitions above
of easement to be signed in their respective corpor6 names and
their respective seals affixed, all by authority fire Icluly given,
stated, the aforesaid right. and easement to it, the .,Irantea, its
successors and assigns, in perpetuity except as oth _-,:wise stated
or for failure to comply with said terms and conditi.t,o.
Grantor covenants with Grantee that it is seised f the above
described land in fee simple in which the aforesaid :::auement and
right is granted, that it has the right to convey suc asement and
right and that it will forever warrant and defend the :?tlQ to same
against the lawful claims of all persons whomsoever.
IN TESTIMONY WHEREOF Grantor and Grantee have cau:a.?d this deed
5
JOK4 F LUKH , H'I l'ORIJEY TEL Ho .91,j-41j5-6'8'68
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as of the day and year first written.
rT
S or tary
(CORPORATE SEAL)
ATTEST:

Clerk to Currituck County
Board of Commissioners
STATE OF V-1 j
COUNTY OF
(OFFICIAL SEAL)
; _
11ar 13:28 go. GG4 P.07.
111 WEST ASSO' TES,
BY:
President
COUNTY OF CURRITUCK,
BY:
INC. , GRANTOR
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r??ANTEE
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Chairman of Curh- 1.I
Commissioners
:uck County
3
I a Notary lic of the County and State afoi:_ :.:said, certify
that , personally came bef?..: c: me this day
and acknowledg d tha he is Secretary of 111 Wl:IIT ASSOCIATES,
INC., a New Jersey Corporation, and that by author. y duly given
and as the act of the Corporation, the foregoing I hiatrument was
signed in its name by its President, sealed with its corporate seal
and attested by him (her) as 9.t Secretary. witncli3 my hand and
official stamp or seal, this day of 44ax, J , 1989.
My commission expires: 2 9'
(NOTARY SEAL) CASAUNO
VC I OR) 4,05llC OF NEW JERSI
A'p CO;fIfli;SfG11 Expir©s April 25, 1
6