HomeMy WebLinkAbout57071_FRIENDS OF SPOONERS CK_20110118/ 47
❑CAIVA / ❑ DREDGE & FILL
GENERAL PERMIT Previous permit #
❑New ❑Modification ❑Complete Reissue El Partial Reissue Or Date previous permit issued -'l
As authorized by the State of North Carolina, Department of Environment and Natural Resources f
and the Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC
0 Rules attached.
Applicant Name Project Location: County
Address _ _ Street Address/ State Road/ Lot #(s)
CityState ZIP
Phone # () Fax # () Subdivision
Authorized Agent
❑ Cw ❑ EW ❑ PTA
Affected
AEC(s):
❑ OEA ❑ HHF ❑ IH
❑ PWS: ❑FC:
ORW:
yes / no PNA yes / no
❑ ES ❑ PTS
❑ UBA ❑ N/A
Crit.Hab. yes / no
City ZIP
Phone # (�) 9(9( River Basin
Adj. Wtr. Body (nat /man /unkn)
i
Closest Maj. Wtr. Body
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Agent or Applicant Printed Name
Permit Officer's Signature '
Signature ** Please read compliance statement on back of permit **
Application Fee(s) Check #
Issuing Date Expiration Date
i
Local PlanningJurisdiction Rover File Name
Statement of Compliance and Consistency
This permit is subject to compliance with this application, site drawing and attached general and specific conditions. Any
violation of these terms may subject the permittee to a fine or criminal or civil action; and may cause the permit to become
null and void.
This permit must be on the project site and accessible to the permit officerwhen the project is inspected for compliance. The
applicant certifies by signing this permit that 1) prior to undertaking any activities authorized by this permit, the applicant will
confer with appropriate local authorities to confirm that this project is consistent with the local land use plan and all local
ordinances, and 2) a written statement or certified mail return receipt has been obtained from the adjacent riparian
landowner(s) .
The State of North Carolina and the Division of Coastal Management, in issuing this permit under the best available
information and belief, certifythat this project is consistentwith the North Carolina Coastal Management Program.
River Basin Rules Applicable To Your Project:
❑ Tar - Pamlico River Basin Buffer Rules ❑ Other:
❑ Neuse River Basin Buffer Rules
If indicated on front of permit, your project is subject to the Environmental Management Commission's Buffer Rules for the
River Basin checked above due to its location within that River Basin. These buffer rules are enforced by the NC Division of
Water Quality. Contact the Division of Water Quality at the Washington Regional Office (252-946-6481) or the Wilmington
Regional Office (910-796-7215) for more information on how to comply with these buffer rules.
Division of Coastal Management Offices
Raleigh Office
Mailing Address:
1638 Mail Service Center
Raleigh, NC 27699-1638
Location:
2728 Capital Blvd.
Raleigh, NC 27604
919-733-2293
Fax:919-733-1495
Morehead City Headquarters
400 Commerce Ave
Morehead City, NC 28557
252-808-2808/ 1-8884RCOAST
Fax: 252-247-3330
(Serves: Carteret, Craven, Onslow -above
New River Inlet- and Pamlico Counties)
Elizabeth City District
1367 U.S. 17 South
Elizabeth City, NC 27909
252-264-3901
Fax:252-264-3723
(Serves: Camden, Chowan, Currituck,
Dare, Gates, Pasquotank and Perquimans
Counties)
Washington District
943 Washington Square Mall
Washington, NC 27889
252-946-6481
Fax: 252-948-0478
(Serves: Beaufort, Bertie, Hertford, Hyde,
Tyrrell and Washington Counties)
Wilmington District
127 Cardinal Drive Ext.
Wilmington, NC 28405-3845
910-796-7215
Fax: 910-395-3964
(Serves: Brunswick, New Hanover,
Onslow -below New River Inlet- and
Pender Counties)
Revised 08/09/06
�17s1�I (iL'lCE'uniuG� ��r�Ma,,��
Describe below the HABITAT disturbances for the application.
found in your Habitat code sheet.
All values should match the name, and units of measurement
Habitat Name
DISTURB TYPE
Choose One
TOTAL Sq. Ft.
(Applied for.
Disturbance total
includes any
anticipated
restoration or
temp impacts)
FINAL Sq. Ft.
(Anticipated final
disturbance.
Excludes any
restoration
and/or temp
impact amount)
TOTAL Feet
(Applied for.
Disturbance
total includes
any anticipated
restoration or
temp impacts)
FINAL Feet
(Anticipated final
disturbance.
Excludes any
restoration and/or
temp impact
amount
Dredge Fill ❑ Both ❑ Other ❑
`7
Q
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
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�EC�IV�'t
jAN 7 2011
Friends of Spooners Creek morshea=dCip/DC��
408 Sand Fiddler Court
Morehead City, NC 28557
January 7, 2011
252 725-7368
Friends.of.spooners.creek@gmai1.com
Ms. Heather Styron
NC Division of Coastal Management
400 Commerce Ave.
Morehead City, NC 28557
Heather.M.Styron@ncdenr.gov
Subject: Maintenance Dredging - Spooners Creek entrance channel
As officer and agent of the Friends of Spooners Creek Association, a nonprofit
corporation organized to fund and maintain navigation into Spooners Creek, this letter
requests a Section 1500 general permit for excavation within the existing Spooners
Creek entrance channel to ameliorate shoaling. Dredging in this channel has previously
been authorized by NC Permit 33-01.
Attached are schematics of the project site. Less than 1000 cu yds of material will be
removed by bucket and barge to restore clear navigation to a depth of 6 ft. The spoils
will be transported to a high ground disposal site on Radio Island.
Also attached is organizational information on the Friends of Spooners Creek
Association.
Adjacent riparian property owners, Adrian Holler, Mike Back and Jim Bailey have been
notified and endorse this application.
f AS >ALS0404
Edward H Robbins
Attachments
cc: Adrian Holler
Jim Bailey
Mike Bach
RECEIVEB
IAN 7 201i
DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION FORM M0rehertid(1PfDCM
I hereby certify that I own property adjacent to Friends of Spooners Creek, EH Robbins agent
property located at Intracoastal Waterway / Spooners Creek entrance channel on Bouge
Sound in Morehead City, N.C.
Agent' Name #: E.H Robbins , VP/ Secretary
Mailing Address: 408 Sand Fiddler Court, Morehead City, NC 28557
Agent' phone #: 252 725-7367 Friends.of.spooners.creek@gmail.com
DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT
Attached
(Property Owner Info n)
.0000
Sign ur
Edward H Robbins, Secretary
Friends of Spooners Creek Association
408 Sand Fiddler Court
Morehead City, NC 28557
friends.of.spooners.creek@gmai1.com
252 725-7368
January 7, 2011
He has ,described to me as shown below the development he/she is proposing at that location,
and I have no objections to the proposal. {�
------------------------------------------------------------------------------------------------------------_rT-------
(Riparian Property Owner Information)
Signature
Adrian Holler
5226 Driftwood Lane
Morehead City NC 28557
aholler@bigrocksports.com
252 241-4341
(Riparian Property Owner Information)
Signature
Mike Bach
5221 Driftwood Lane
Morehead City NC 28557
gmbach@gmail.com
252 714-6943
January 7, 2011
(Riparian Property Owner Information)
Signature
Jim Bailey, Member
Shores Development LLC
113 Lands End Road
Morehead City NC 28557
jimbailey1946@gmail.com
January 7, 2011
If yo"ave objections to Whit is being proposed, you must notify the Division of Coastal
Management (DCM) in writing within 10 days of receipt of this notice.
JAN-05-2011 I6:35 From:TD EURE CONST. 2527291192 To:252 726 9106 P.1/4
Box 580 .2675 US HWY I FRANKLINTON, NORTH CAROL.INA 27525 • (919) 494-7600
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JAN-05-2011 16:36 From:TD EURE CONST. 2527294192 To:252 726 8106 P.3/4
: NORTH CAROLINA
0epartment of The Secretary of State
-- .BAN 7 ti'P
I, Elaine F
the oriai
Certification# C2010.
Verify this certificate
To all whom these presents shall come, Greetings:
call, Secretary of State of the State of North Carolina, do hereby certify
the following and hereto attached to be a true copy of
ARTICLES OF INCORPORATION
OF
FRIENDS OF SPOONERS CREEK ASSOCIATION
of which was filed in this office on the 12th day of October, 2010.
IN WITNESS WHEREOF, I have hereunto set
my hand and affixed my official seal at the City
of Raleigh, this 12th day of October, 2010.
1 Reference# C201027700660-1 Page: 1 of 2
xww.secretary. state.nc. us/verification
Secretary of State
SOS1D: 1170616
Date Filed: 10/12/2010 10.15:00 AM
State of North Carolina Elaine F. Marshall
Department of the Secretary of State North Carolina Secretary of State
C201027700660
ARTICLES OF INCORPORATION
NONPROFIT CORPORATION
Pursuant to §55A-�-02 of the General Statutes of North Carolina, the undersigned corporation does hereby
submit these Articles of Incorporation for the purpose of forming a nonprofit corporation. LX a
41
1. The name of te corporation is: Friends of Spooners Creek Association
2. The street add ess and county of the initial registered office of the corporation is: �aI
Number and S*t: 2407 Grace Avenue
City, State, Zip Code: New Bern, NC 28562 County: Craven
3. The mailing address if different from the street address of the initial registered office is:
P.O. Box 975, New Bern, NC 28563
4. The name of tliie initial registered agent is: Beth F. Atkins
5. The name and address of each incorporator is as follows: Beth F. Atkins, 2407 Grace Avenue, P.O. Box
975, New Be , NC 28563.
The corporatidn will have members.
7. Upon dissolut on, the Executive Committee of the corporation shall, after paying or making provision for
the payment of all of the liabilities of the corporation, dispose of all of the assets of the corporation
exclusively for the purposes of the corporation in such manner, or to such organization or organizations
organized and operated exclusively for religious, charitable, educational, scientific or literary purposes as
shall at the ti e qualify as an exempt organization or organizations under Section 501(c)(3) of the Code as
the Executive Committee shalt determine, or to federal, state, or local governments to be used exclusively
for public purposes. Any such assets not so disposed of shall be disposed of by the Superior Court of the
county in which the principal office of the corporation is then located, exclusively for such purposes or to
such organza ions, such as the court shall determine, which are organized and operated exclusively for
such purposes or to such governments for such purposes.
8. The street ad(
Fiddler Court
9. These articles
This is the `T
and mailing address and county of the principal office of the corporation is: 408 Sand
Morehead City, NC 28557 County: Carteret
be effective upon filing.
day of 66W>L<— , 2010.
6e-'� -4-, 0-4�-
BETH F. ATKINS, Incorporator
..,.a:�:..-a:....urinirn^r^rnn.<,<njj a-e..,.... 4f11mn11'7nn,<4n D-..-.I.fl
Inc., for. benefits for members related to the marina and for contributions to the Corporation for maintenance of the
access channel. Directors and officers shall be indemnified from liability for their acts and omissions as Directors and
Officers of the Corporation to the full extent permitted by Chapter 55A of the North Carolina General Statutes as
amended from time to time.
Article V - Officers
5. Officers of the Corporation shall be a President, Vice President, Treasurer, and Secretary, and such other officers as,
the Board of Directors shall from time to time establish. They shall be elected by the majority vote of the Directors_;;
present at a meeting of the Directors at which a quorum is present, and shall assume responsibility of their respective -A
offices at the close of the meeting at which they are elected.
6. All officers shall be elected for terms of two years. A vacancy in an office shall be filled for the unexpired term, upon
the majority vote of the Board of Directors present at a meeting at which a quorum is present.
7. The follow nq shall be the duties of each office:
The President shall preside over all meetings of the members and shall be an ex-officio member of all
mittees. The President shall, in consultation with the Officers of the Corporation, establish agendas for
tings and appoint special committees as necessary. The President shall serve as spokesperson for the
)oration including representing the organization to key constituents and to other organizations.
b The Vice President, in the absence of the President, or in the case of his/her inability to act, may exercise
t e functions of the President. The Vice President shall perform such additional duties as may be assigned by
t e President.
c The Treasurer shall have general supervision over the care and custody of any funds and property of the
C rporation. He/She shall keep full and accurate accounts of all revenues and expenses of the Corporation,
and shall present a report of the financial standing of the Corporation to the membership at the Annual
embership Meeting as well as interim reports to the Board of Directors. The Treasurer, if not a CPA, will be
r sponsible for coordination with a CPA to be employed to oversee administration of the funds of the
C rporation. The Treasurer will file or cause all necessary tax related forms for the Corporation to be filed.
The Secretary shall keep, or cause to be kept, the minutes of the Board of Directors and Members
tings. He/She will keep documents and ensure that corporate paperwork is maintained and filed as
Article VI - Meetings
s. Annual Membership Meeting: The Annual Membership Meeting of the Corporation shall be held in the first quarter of
each year for the receipt of annual reports and other business. Notice of the meeting shall be communicated to active
membership no fewer than 10, or, if notice is mailed other than by first class, registered, or certified mail, no fewer than
30, nor more than 60 days before the meeting date. The annual year of Corporation shall be January 1 through
December 31. Ten percent (10%) of the votes entitled to be cast on a matter shall be represented at a meeting of
members, in person or by proxy, to constitute a quorum.
Board of I irectors Meetings: The Board of Directors meetings shall be held at least twice a year, at times and places to
be set by he officers of the Corporation, this meeting can also be by teleconference. Notice of meeting may be given
by any re ular means of communication at least five days prior to the meeting. A majority of the Directors then in office
shall cons itute a quorum.
1o. Special Moetings of Members: Special meetings of the Members may be held upon call of at least two Directors, or
upon call f Members holding at least ten percent (10%) of the votes entitled to be cast on any issue to be voted on at
'the propo ed meeting, which call for meeting shall follow the requirements of Section 55A-7-02 of the North Carolina y General S atutes. Upon call for such meeting, the Directors of the Corporation shall set the time, place and date of
such meet ng and the Secretary shall serve the notices of such meeting upon the members. Ten percent (10%) of the
votes entit ed to be cast on a matter shall be represented at a meeting of members, in person or by proxy, to constitute
a quorum. Notice of the meeting shall be communicated to active membership no fewer than 10, or, if notice is mailed
other than by first class, registered, or certified mail, no fewer than 30, nor more than 60 days before the meeting date.
I I. Special m etings of Directors: Special Meetings of the Board of Directors may be called at any time by the President
or by any irector. Notice of Special Meetings shall be given by any regular means of communication at least three
days prior o the meeting.
12. Voting by embers: Each member shall have one vote on any matter on which members are entitled to vote. Unless
otherwise equired by law or the Articles of Incorporation or Bylaws of the Corporation, the vote of the majority of
members resent, in person or by proxy, at a meeting at which a quorum is present shall be the vote of the members.
13. Voting by Directors. Each Director shall be entitled to one vote. Unless otherwise required by law or the Articles of
Incorporation or Bylaws of the Corporation, the vote of the majority of Directors present at a meeting at which a quorum
is present shall be the vote of the Directors. Directors may not vote by proxy. Any action which may be taken by the
Directors al a meeting may be taken by unanimous written consent of all of the Directors without a meeting.
Article VII - Amendments
These By -Laws may be amended at any regular or special meeting of the Board of Directors of the Corporation by a vote of
two-thirds of the Directors then in office, providing the text of the proposed amendment (s) and the intention to propose
such amendment for vote has been presented in the notice of the meeting at which the action is requested. Members shall
not be entitled to vote on By -Law amendments.
Bylaws First
the Ito day of a^,--mZi 2010.
Secretary
The name of
The purpose
FRIENDS OF SPOONERS CREEK ASSOCIATION
BY-LAWS
Article I - Name
organization shall be the "Friends of Spooners Creek Association",
Article II
is organization, herein called the Corporation, shall be:
1. To maintain free and clear navigation in the approach channel to Spooners Creek.
2. To sustain Oroperty values of property surrounding Spooners Creek,
Article III - Membership
3. Active Mer> bership in the Corporation shall be granted to:
tlb
Resid nts and nonresidents of the communities surrounding Spooners Creek who apply for membership and pay
annual dues in amounts established by the Board of Directors of the Corporation from time to time.
4. Membership may be terminated by the Corporation's Board of Directors for failure of the member to pay the dues or by
the memb r by voluntary withdrawal.
Article IV — Board of Directors
1. The Board of Directors shall consist of a minimum of seven (7) members, and may consist of up to nine (9)
members in the discretion of the Board of Directors. The initial Board of Directors shall be designated by the
incorporator, and their terms shall be staggered between one and three years. Thereafter, as terms expire or vacancies
arise, the Directors shall be appointed by a majority of the Directors then in office for terms of three (3) years. There
shall be one Director appointed from each of the following seven neighborhoods/marina to the extent that there is
someone willing to serve from each such neighborhoodlmarina: Spooners Creek South, Spooners Creek North, The
Shores at Spooners Creek, South Spooners Street, Spooners Creek Marina, Webb Court, and the Lands End Area.
Notwithsta iding anything to the contrary in the foregoing, the appointed Director from any of such neighborhoods that
has an inc rporated owners' association shall be the President of such association or his or her designee, who shall
serve for a term equal to the term of such President as President of such owners' association. The Directors may also
elect up to a total of nine members of the Board and any seats in addition to the seven indicated above, or any seat for
one of the seven areas above which does not have a person willing to serve, shall be filled by a candidate nominated
by the Boa d of Directors from among the membership, and may be from an area already represented on the Board.
2. Directors shall be members of the Corporation and at least 21 years of age.
may be removed by the vote of a majority of the Directors then in office other than the Director proposed
to be
4. Direct rs shall have all powers granted to them under Chapter 55A of the North Carolina General Statutes and as
shall beg anted to them in the Articles of Incorporation and these Bylaws, as amended from time to time. These
powers an J duties shall include, but shall not be limited to, the authority to manage the operations of the Corporation;
to establis i the annual budget for the Corporation and the amount of annual dues to be collected from members for
members h p; the authority to negotiate and enter into contracts with the Spooners Creek Marina Owners Association,
in
ORGANIZATIONAL MINUTES JAN "I
OF INCORPORATOR �0r W
OF FRIENDS OF SPOONERS CREEK ASSOCIATION
The undersigned incorporator of the Corporation hereby executes this resolution
x of an initial meeting. The incorporator hereby adopts the Bylaws of the
ration presented to her of even date herewith.
The incorporator further acknowledges and appoints the following initial
of the Corporation, who shall elect the officers at their initial meeting:
Neighborhood
Director
Initial term
Spooners
Creek South
Jim Miles
Spooners
Creek North
Edward Slavin
The Shores
at Spooners Creek
Fred Stancil
South
Spooners Street
Robert E. Lee
Spooners
Creek Marina
Chuck Bissette
2 years
Webb
Court
David Stallings
3 years
Lands
End Area
Ham Sloan
1 year
At large
- Webb Court
Jerry Valentine
2 years
At large
—Pelletier Creek
Billy Page
3 years
* Director is sitting
President of Association Board or his designee during
his term
of office
This the day of
2010.
Beth F. Atkins, Incorporator
Into
BAN 7 201,
ORGANIZATIONAL MINUTES -wa�F��gY.'.i,",
OF INITIAL DIRECTORS OF
OF FRIENDS OF SPOONERS CREEK ASSOCIATION
The undersigned, being all of the initial Directors of the Corporation of the
Corporation hereby execute these resolutions in lieu of an initial meeting.
OFFICERS
WHEREAS, the Directors of the Corporation desire to elect officers of the
Corporation to serve for two year terms and until their successors are elected and
qualified;
RESOLVED, that the following officers shall be and they hereby are elected to
serve as such until their successors are duly elected and qualified:
President Dan Myers
Vice President/Secretary Ed Robbins
Treasurer Billy Page
MEMBERSHIP DUES
WHEREAS, the Board of Directors, pursuant to the Bylaws of the Corporation
adopted by the Incorporator, are to establish the dues structure for members of the
Corporation;
WHEREAS, the Board of Directors, in the exercise of their business judgment
deem the following dues structure to be in the best interest of the Corporation and to be
appropriate and reasonable;
RESOLVED, that the following dues structure for membership in the Corporation
shall be, and it hereby is, adopted, to be effective until amended by the Board of Directors
of the Corporation:
Dues for members who own boats:
Based on Member's largest boat Individual & groups
and includes Marina Benefits -without Marina Benefits
Length Annual Dues
<20'
$100
Friend
$
50
20-24'
$150
Sponsor
$
100
25-29'
$225
Patron
$
250
30-34'
$300
Benefactor
$
500
35-39'
$375 Spooners Circle $1000
40-44'
$450
45-49'
$525
50-54'
$600
55-59'
$675
60-64'
$750
65 & over
$825
Multiple boats add $50
'AN 2011
"Marina Benefits" shall be such discounts or other benefits as may be provided for the
Corporation from time to time by Spooners Creek Marina Owners' Association, Inc. by
agreement with the Corporation.
AGREEMENT WITH MARINA
WHEREAS, the Board of Directors, in the exercise of its business judgment,
deems it to be in the best interest of the Corporation to enter into an agreement with the
Spooners Creek Marina Owners' Association, Inc. with regards to certain benefits to be
provided to the Corporation's members;
WHEREAS, the Board of Directors deems the proposed agreement with the
Spooners Creek Marina Owners' Association, Inc. to be in the best interest of the
Corporation;
RESOLVED, that the Corporation shall be, and it hereby is, authorized to enter
into that certain Agreement Regarding Dredging, a copy of which is affixed hereto as
Exhibit A and incorporated herein by reference;
RESOLVED FURTHER, that the President of the Corporation shall be, and he
hereby is, authorized to take any and all action necessary to carry the foregoing into
effect, including, without limitation, execution of such Agreement on behalf of the
Corporation.
This the day of , 2010.
Jim Miles, Director
Edward Slavin, Director
RkCEIVED
iAN: 7 )GII
Fred Stancil, Director
Robert E. Lee, Director
Chuck Bissette, Director
David Stallings, Director
Ham Sloan, Director
Jerry Valentine, Director
Billy Page, Director
He has described to me as shown below the development he/she is proposing at that location,
and I have no objections to the proposal.
---------------------------------------------------------------------------------------------------------------------
(Riparia Property O ne nformation)
..JAN 12, 2011
Signature
Ei�i�Sad�eG�d Ci?19 0�a�
Adrian Holler
5226 Driftwood Lane
Morehead City NC 28557
aholler@bigrocksports.com
252 241-4341
(Riparian Property Owner Information)
Signature
Mike Bach
5221 Driftwood Lane
Morehead City NC 28557
gmbach@gmail.com
252 714-6943
January 7, 2011
(Riparian Property Owner Information)
Signature
Jim Bailey, Member
Shores Development LLC
113 Lands End Road
Morehead City NC 28557
jimbailey1946@gmaii.com
January 7, 2011
If you have objections to what is being proposed, you must notify the Division of Coastal
Management (DCM) in writing within 10 days of receipt of this notice.
Y
jp
EDWARD H ROBBINS /� 5900
SUSAN F ROBBINS �� Cash Management Account®
408 SAND FIDDLER COURT
MOREHEAD CITY, NC 28557 DATE ,i %/ Q/ 25-80/440
PAY To
ORDER OFE / (� . C�/� L` Off/ &&o
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Columbus. Oho 43271
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