12161_WARD, RICHARD_19940317

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IA
CAMA AND DREDGE AND FILL
GENERAL NO f i ? l gl
�t
PERMIT
as authorized by the State of North Carolina
Department of Environment, Health, and Natural Resources and the Coastal Resources Commission
in an area of environmental concern pursuant to 15 NCAC % f`
Applicant Name At I h
Address 1 /,) l
City . ' State _
Project Location (County, State Road, Water Body, etc.)
Type of Project Activity
Phone Number
Zip t;
PROJECT DESCRIPTION SKETCH (SCALE:
Pier (dock)length%/ �: ._A _t.__.} ! r_- 2'__
Groin length
number
Bulkhead length r
ax. distance offshore— a
f
Basin, channel dimensions
cubic yards �( j
Boat ramp dimensions
- ; A.
i
Other
_
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,,,___-- applicant's signature
imprisonment or civil action; and may cause the permit to be-
come null and void.
This permit must be on the project site and accessible to the permit officer's signature
permit officer when the project is inspected for compliance.
applicant certifies by signing this permit that 1) this pro
is consistent with the local land use plan and all local issuing date expiration date
ordinances, and 2) a written statement has been obtained from
adjacent riparian landowners certifying that they have no ! r
objections to the proposed work. attachments
In issuing this permit the State of North Carolina certifies that
this project is consistent with the North Carolina Coastal application fee F
Management Program.

FOLEY & FOLEY MARINE CONTRACTORS, INC. WACHOVIA BANK
PRIMARY CHECKING OF NORTH CAROLINA, N.A.
PH. 919-636-2515 NEW BERN, NC 28560-1677
POST OFFICE BOX 3482 66-763-531
NEW BERN, NORTH CAROLINA 28564-3482
PAY Fifty and no one/hundredths DOLLARS**************
TO THE
ORDER
OF: D.E.H.N.R.
G Pc • 1 a J
R. walla
116000066 1=+110 1:0 5 3 10 76 3 31: 58(
6614
DATE AMOUNT
03/17/94*******$50.00/100******

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• i4DM RNT RIPARIAN PROPERTY OWNER' STATEMSt T
4.
I hereby certify that-1 own property adjacent do
. •�� �. � � � s• property • ' •
ame
located at 5-3 10.-14 /� I' � no � 00 -. � 'on,
(Lots, Block,, Road, eta.) -..
1
inNF-�
(Water Body) (Town and/or County)
He has described to me as shown below the development he is
proposing at that location and I have no objections to his
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proposal. I understand that a pier must be set back a rriinimum',
distance of fifteen feet (151) from my area of riparian access
unless waived by me.
I do not wish to waive that setback requirement.
- V/_ I do wish to waive that setback requirement.
Description and/or drawing of proposed development: (TO Bn
FILLED IN BY INDIVIDUAL PROPOSING DEVEWPMENT)
f
S,gW `7' ow6dd : ~/
. Signa re
Vane
Phone Number
Date
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• ADJACENT RIPARIAN PROPHRTY `OWNERW'S ATENSNT y
I hereby certify that •1 own- property ad j ac, nt
• ' ••��,� Gc� $ • � � ��� property
ame -
located at 5531­�').• 4 2 / .►eDI),
; .. .
t�' 1 D^ on
eta.) - -.
(Water Body) (Town and/or County)
He has described to me as shown below the 'development he is
proposing at that location and I have no objections to his
proposal. I understand that a pier must be set back .a. minimum
distance of fifteen feet (151) from my -area of riparian access
unless waived by me.
r
do not wish to waive that setback requirement.
I do wish to'waive that setback requirement.
Description and/or drawing of proposed development: (TO I3E
FITA IN BY INDIVIDUAL PROPOSING DEVELOPMENT)
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Ilan, e
3 V3S
Phone Number
Date
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DIVISION OF COASTAL MANAGEMENT
N uw
i fe 0 �
NCDENR
NORTH CnRouN" DEP.WTMEN7 of
EwRo—rqT A o NATURAL RESOURCES
151-B HWY. 24, HES.TRON BUILDING
MOREHEAD CITY, NC 28557
TELEPHONE: [phone]
FAX: [phone]
TO:
OFFICE:
TELEPHONE #: S 0 [ -'-Lr/1' FAX #: 0-23
FROM: ���V� ' L-9-
OFFICE: DIVISION OF COASTAL NiAitiAGEf�(ENT
RE:
DATE SENT: 1,/7,0
TOTAL NUMBER OF PAGES lNCLCDING COVER SHEET: ��

L. GREENE
r�KELLY
JASON L. HENDREN
JOHN W. KING, JR.
GEORGE MASON OLIVER
STACY M. RACE
ATTORNEYS
TRAWICK H. STUBBS, JR.
AT LAW
LAURIE B. VANDEN BOs
Stubbs & Perdue, P.A.
GARY R.PERDUE
310 CRAVEN STREET
(1947.1997)
P.O. Box 1654
NEW BERN, NORTH CAROLINA 28563-1654
TELEPHONE: [phone]
FAcsIMILE: [phone]
May 27, 2004
Division of Coastal Management
Hestron Plaza II
151-B Hwy 24
Morehead City, NC 28557
Re: Ward, Richard and Sharon
Dear Sir:
RALEIGH OFFICE
TWO HANNOVER SQUARE • SUITE 1630
P.O. Box 1630
RALEIGH, NORTH CAROLINA 27602-1630
TELEPHONE [phone]
FAcsIMin [phone]
Q
wry .4�r 9 n
MAY 2 $
Wreheeel Cit
OC0
I am writing this letter on behalf of my clients, Sharon and Richard Ward, of 5317A Trent
Woods Drive, New Bern, North Carolina.
My clients received a notice (from Foley and Foley Contractors, received via certified mail on
May 25, 2004) that their neighbor, Jamie Kroeger, is applying for a permit to construct a
pier/deck/boat lift extending from his property, and asking the Wards, as owners of
adjacent property, to contact you in the event of any objections to the proposal.
We have some observations and questions about the proposal.
1. Re: Size of Proposed Construction
a. Though not clearly stated in the material sent for our review, it appears that this
proposal is for a "General" permit (i.e. rather than for a "major development"
permit). A complete copy of the material we received is attached (3 pages total).
b. The material sent for their review, and presumably available for your review as
well, does NOT reflect the fact that there is already an existing pier/deck/boat
lift structure currently extending from the Kroeger's property, immediately
adjacent to the shared property line. I am enclosing a copy of'a survey showing
the existing dock and the joint easement agreement for its use by the Wards and
the Kroegers.

Division of Coastal Management
May 27, 2004
Page 2
R C r=
MAY 2 8 2004
Morehead City DCM
c. A portion of this existing pier/deck is for shared/joint use by both the Kroegers
and the Wards. All of the existing deck area on the Kroeger's side of the
property line is legally designated for such shared/joint use. (Worth noting here,
perhaps, is that the Kroegers informed the Wards last summer that they intended
to install a gate preventing the Wards access to the deck — until the existence of
the previous legal documents, which they claimed to be unaware of, was brought
to their attention).
d. The existing deck described above is approximately 190-200 square feet (this not
including the walkway to the deck, boat lift area or that portion of the structure
built by us and legally designated for Ward's exclusive use).
e. It is our understanding that a General permit allows a maximum of 400 square
feet of deck for a single property [per 15A NCAC 07H.1205 (g)]. Compliance
with this portion of the regulations would appear to allow the Kroegers only
about 200 additional square feet for a new deck/pier.
f. The size of their proposed addition cannot be determined accurately from the
drawing and dimensions provided to us, but clearly exceeds 200 square feet, and
appears to be closer to the full 400 square feet.
g. Will the Division of Coastal Management waive the maximum size limitation, or
does this not apply?
2. The dimensions shown are confusing and possibly grossly inaccurate.
a. The drawing specifies lateral distances on either side of the structure of 20 feet
and 53 feet, but the point from which the measurements are made is not
specified. Are these intended to be distances from adjacent property lines?
(Subtotal = 20 + 53 = 73 feet)
b. The width of the proposed structure is not clearly stated, with different angles
depicted on the shore side and river side of the structure. The shore side
measurements, however, show lengths of 12 feet (for the "deck open" and
portion of the "walkway") + 5 feet (for additional "walkway") + an additional 15
feet (for the boat lift and adjacent pier). Subtotal = 32 feet

Division of Coastal Management
May 27, 2004
Page 3
Morehead City DCM
c. The total of (a) and (b) is 105 feet. (32 + 73 = 105 feet).
d. The Kroeger property itself has frontage of 153 feet.
e. There appears to be an unexplained gap of about 48 feet (153 —105 = 48 feet).
3. The proposed walkway from the shoreline to the deck (not including the deck area
itself is indicated as 40 feet in length. This seems to be noticeably longer than the walkways
to other docks in this part of the Trent River (as the channel is closer to the shoreline on this
side of the river). For comparison, the comparable walkway for the existing structure is only
about 25 feet long. Is this extra length necessary, and might it not encroach on the channel,
affecting the general public?
4. Saving the most important question for last: with respect to permitting and any
other regulatory issues, what would be the situation with respect to Ward's ability in the
future to rebuild/replace the existing structure (including, but not limited to, the
shared/jointly maintained deck)? For example, in the event of hurricane damage resulting in
partial or total destruction of the existing structure, can you (the Division of Coastal
Management/CAMA) assure the Wards that they would be allowed to rebuild to its current
specifications without having to obtain the consent of Kroeger? Or, if built, would the
currently proposed structure affect such a future decision? Naturally, my clients would want
to repair or replace any destroyed or damaged structure without reference or limitation to
what the Kroeger's build.
In summary:
For obvious reasons, the Wards would, in principle, prefer that the Kroegers have a
separate dock and would like to agree to the proposed construction. However, we
are concerned that the proposal does not seem to comply with existing CAMA
guidelines with respect to the size of the combined structures, and that there is the
potential for a negative impact on our future use of the existing dock.

Division of Coastal Management
May 27, 2004
Page 4
MAY 2 B 2004
Morehead City DCM
If your answer to the question in paragraph (4) above is that construction of the
currently proposed structure would adversely affect such a future decision, then we
object to the proposal.
If the answer to the last question is that it may possibly affect such a future
decision, we would appreciate further clarification on the matter.
If both you and the Kroegers can provide the Wards with a solid assurance/binding
statement that it would not adversely affect such a future decision, then the Wards
would have no objection to their construction of a new dock (subject to ordinary
size limitations, etc., by CAM -A).

MAY.26,2004 7:51AM CRMC LAB 252 633 8941
_CERTIFIED MAIL RETURN, RECEIPT RE MAY 2 8 2004
VESTED
�^ DIVISION OF COASTAL MANAGEMENT Morehead City DCIVj
ADJACENT RIPARIAN PROPERTY OWNER NOY FICATION/WAIVER
FORM
Name of individual applying for Permit' Jamie Kromer
Address of Property: 5317 Trentwoods Dr.
New Bern/Craven
(Lot or Street it, Street or Road, City & County)
I hereby certify that I own property adjacent to the above referenced property. The
individual applying for this permit has described to me as shown on the attached drawing
the development they are proposing. A description or drawing, with dimensions, should
be provided with this letter.
I have no objections to this proposal.
If you have objections to what is beingproposed, please write the Division of Coastal
Management, Hestron Plaza H,1 SI-B, Hwy, 24, Morehead City, NC, 28557 or call
[phone] within 10 days of receipt of this notice _No response is considered the
same as no objection if you have been notified by Cer4fled Mail
WAYVER SECTION
I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift or sandbags
must be set back a minimum distance of 15' from my area of riparian access unless
waived by me. (If you wish to waive the setback, you must initial the appropriate blank
below)
I do wish to waive the 15' setback requirement.
I do not wish to waive the 15' setback requirement_
Signature Date
Foley & Foley Contractors
Print Name Phone*: [phone]
Fax##: [phone]
Telephone Number With Area Code

MAY. 26. 2004 , 7 ; 51 AM i CRMC LAMB 252 633 8941 ! } - L , { NO. 648 , P. 41.
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MAY,26,2004 7:51AM CRMC LAB 252 633 8941
NO, 648
15 NCAC 7H .1102 has been proposed to be amended as follows:
JP(
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MAY 2 8 2004
1102 APPROVAL PROCEDURES Morehead City DCM
(b) The applicant must provide:
(11) Confirmation that a written statement has been obtained signed by the
adjacent riparian property owners indicating that they have no objections
to the proposed work, or,
,(2) Confirmation that the adjacent riparian property owners have been
notified by certified mail of the proposed work. Su+ch_notice should
instruct adjacent property owners to provide any comments on the
proposed development in writing for consideration by permitting officials
to the Division of Coastal Management within 10_ days of receipt of the
notice and, indicate that no response will be interpreted 4s no objection.
DCM staff will review all comments and determine based on their
relevance to the potential imgwts of the proposed project, if the proposed
project can be approved by a General Permit. If DCM staff finds that the
comments are worthy of more in-depth review, the applicant will be
notified that he must submit an application for a major development
permit.
History Note: Statutory Authority G.S. 113A-107(a);
113A-107(b); 113A-113(b); 113A-118.1; 113A-124;
Eft March 1, 1984;
Amended EtT January 1, 1990; December 1, 198T

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MAY 2 8 2.004
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Jul-24-2000 12:23
From -WARD & SMITH -NEW BERN
-----------------
2526725477
T-797 P.003/010 F-495
Bon 1261PAGE 184-. .
NORTH CAROLINA
CRAVEN COUNTY
MAY 2 S 2004
Morehead City DCM
This agreement made and entered into this tha , l' day of
1990 by aOd between JANE MOORE STUBBS and husband,
TRAWICK H. SI UNBS, JR., parties of the first port, hereinafter
2 called "Stubbs" and MIC'HAEL W. RAHN and Wife, CYNTHIA B. HAHN,
2
m parties of the second part, hereinafter called 'Kahn".
z
�� N S SE T H
WHEREAS, Stubbs and Hahn have contracted for the sale and
o purchase of certain real property situated in Craven County, North
Carolina, said property being a portion of Lot 16, Bl&ckledge Farms
and being further described in deeds recorded in &took 787, Page 596
and Book 1021, Page 281; and
q WHEREAS, the sale by Stubbs to Kahn constitutes a division of
othe property owned by stubbs upon which is situated e, tennis court
a a driveway and a pier; and
O
2
6W WHEREAS, after the division of said property as is indicated l
oby the survey attached hereto as Exhibit "A", << driveway and a
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o tennis court situate upon said property will be pzrtially situated
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x upon the property being sold to Hahn and partially situated upon j
the property retained by Stubbs; and I
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WHEREAS, the parties wish to enter into an agreement providing )�
for the joint use and upkeep of said tennis court, send pier and a
13437

Jul-24-2000 12:23 From -WARD & SMITH -NEW BERN 2528725477 T-797 P.004/010 F-495
E
is
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MAY 2 8 ?004
Morehead City DCM
2 60q � 1 - 61 PAu 10 5
portion of the driveway situated adjacent to the eastern boundary
i
of the property to be conveyed by Stubbs to Hahn as shown on
Exhibit "A";
NOW, THEREFORE, in consideration of the :autual covenants
,,captained herein and in further consideration of the purchase and
¢sale of the property to be convered by Stubbs to Hahn, the parties
I -
tdo hereby agree as follows;
ar 1. The parties, their guests and licensees shall be entitled
ato the joint and equal use of the tennis_ court that will be
6
C.situated partially upon the property of the r(aspective parties.
a
QSaid tennis court is fully depicted on Exhibit "A,, and described on,
y
gExhibit "B" attached hereto and incorporated :3y ceference herein.
c 2. Hahn shall be granted an easement by Stubbs for the use
c
@oof the driveway leading rrom Trent Woods Drive to the property to
bbe conveyed by Stubbs to Hahn for ingress, e<lress and regress to
J
¢and from Trent Woods Drive and said property and Hahn shall grant
1`
ito Stubbs an easement and right to use that portion of said
driveway (described on Exhibit "C") as is situated upon the
property to be conveyed by Stubbs to Hahn.
3. Th" easements described hereinabove shitll be granted and
reserved in the deed of conveyance to be e-xecuted by Stubbs at
Closing conveying title to Hahn to the property described on
Exhibit "D" attached hereto and incorporated by reference herein.
4. The parties hereto do hereby agree to jointly maintain
said driveway and said tennis courts with eac-h party paying fifty

Jul-24-2000 12:23
From -WARD & SMITH -NEW BERN
2526725477 T-797 P.005/010 F-495
{
1i MAY 2 8 7004
Morehead City DDM
3
BjA( .i )b e PACE �' . �', �50�) perc L e to c a
S. Stubbs shall grant to Hahn in addition to the above
easements, an easement that shall allow Icahn the use of the pier
jsituated upon the property of Stubbs and shown on the nap attached
I
I hereto as Exhibit "A" and the parties agree that they shall each
h jointly maintain said pier and all walkways and accesses thereto.,
zProvided however, Stubbs shall have the exclusive use of the boat
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mslip attached to saidier and jhall also be full responsible for
z
all upkeep and maintenance thereof. Hahn may construct, at Hahn's
a sole expense, an additional boat slip to be attached to said pier
0
0 of which Hahn shall have the exclusive use and upkeep.
a
6. This agreement constitutes the entire agreement between
N the parties and shall survive the closing of this transaction and
be binding upon the parties, their heirs,,--Rersonal represet,tat Ives,
a successors and assigns. This contract may only Pe modified by a
a
Written agreement executed by all of the parties hereto.
0
a IN WITNESS WHEREOF, the parties have hereunto set their hands
a
4 Y
x and adopted as their seals, the typewritten word "SEAL" appearing
z after their signatures herainbelow this zhe day and year, first
0
U3
c above written in duplicate originals.
_(SEAL)
i' JAKE MOORE STUBBS
' (SEAL)
TRAWI CK H . .STUBS , J f
�] r
-CI V ✓ G �� ( SEAL)
MICHAEL W. HAHN
(t �A 4(SEAL)
CYNT IA a. HAHN
4
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Jul-24-2000 12:24
From -WARD & SMITH -NEW BERN
2526725477 T-79T P.006/010 F-495
•
•
STATE OF NORTH CAROLINA
MAY 2 8 7004
Morehead City DCM
SOU 12 6 j PAGE 1 � rj
COUNTY OF RAVEN
1, , 4 Notary Public of the
county and state aforesaid, certify that "ANL MOOR.E STUBBS and
husband TRAF►ICK H STUBSS JR
, 0 . personally appeared before we this
day and acknowledged the due execution of t?►e ;'oregoing document.
ITNESS my hand and notarial seal, this the �.L� day of
1990.
Q
�, NO;.'ARY PUBLIC
y d' Fomlaissior� Expires:
'�'Fy CO.1�f� ;:its:swss�#*=s:swYr**Rfzs#sd�t:sww:ssss,tt:a:>>r*:,.:*:=ems:s::ss::Yrcy
�''•.,,,,,,,.�'STATE OF NORTH CAROLINA
C
'a COUNTY OF CRAVEN
ELVNotary Public of the
z County and State aforesaid, ce tify that MICHAEL W. x"N and Wife,
CYNTHIA B. HAHN personally appeared before me t day and
a acknowledged the due execution of the foregoinc; do etntfgys
O
a NI�NESS my hand and notarial seal, thia the day of
1990. { / �OTnRY
L
c NO'rAR
My Comm
sxstt##*#www#wwsits#iwt####wtst#ww####s,sssst+twisss#sriswwssitkts:#
STATE OF NORTH CAROLINA
COUNTY OF CRAVEN
The foregoing certificate5or --
I certified to be correct. This instrument as pr sented for
i registration this day and hour, and duly recorded in the office of
the Register of Deeds of Craven County, North Carolina, in Book
14,„(e_ 1 at Page Tczcsk
This the _-q Q y of , 19 j at
OrGla iC X.m.
BY:
ISTER of DEFAS rA DEPUTYO RE IST'.�R OF DEEDS

Jul-24-2000 12:24 From -WARD & SMITH -NEW BERN 2526725477 T-797 P.007/010 F-495
EXHIBIT "A"
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Jul-24-2000 12:25 From -WARD & SMITH -NEW BERN
•
•
2526725477 T-797 P.008/010 F-495
t'
MAY 2 8 ?004
Morehead City DCM
DESCRIPTION of TENNIS COURT
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Beginning at a point that is designated as joint "c,, on
the leap or plat attached as Exhibit "A", which said point
is located the followi.ig courses and distances from the
intersection of the centerlines of Trent Woods Arive and
River Road: North 56 degrees 05 minutes 09 ,seconds West /
1056.42 feet, South 21 degrees 13 minutes 24 seconds Hest, /
30.85 feet;�North 56 degrees 00 minutes 00 :;eccnds westttV//
88.88 feet;) and south 42 degrees 22 minutez, 30 seconds
West 100.45 feet to the POINT of BEGINNING; thence from
z:said point of beginning so located South 24. degrees 22
minutes 19 seconds West 63.95 feet to a paint; thence
South 70 degrees 10 minutes 32 seconds Rest 14.65 feet to
za point; thence North 65 degrees 37 minutest 41 seconds
West 13.60 feat to a point; thence North 66 degrees 02
minutes 29 seconds West 26.36 feet to a paint; thence
a North 21 degrees 14 minutes 08 seconds West 14.85 feet to
$ a point; thence North 24 degrees 25 minutezi 45 seconds
o East 99.S2 feet to a point; thence North 6S1 degrees 28
minutes 00 seconds East 15.74 feet to a point_; thence
a South 65 degrees 45 minutes 56 seconds East 39.02 feet to
a point; thence south 21 degrees 10 minutest 14 seconds
East 15.13 feet to a point; thence South 24. degrees 22
z minutes 19 seconds West 36.16 feet to the point of
beginning.

Jul-24-2000 12:25 From -WARD & SMITH -NEW BERN 2526725477 T-797 P.009/010 F-495
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MAY 2 8 2004
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Morehead City ®CM
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FA=T.NG AN4 DRIVTWAY AREA
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Beginning at a point that is designated by the letter "Y"
I.on the map or plat attached as Exhibit "A" , said point of
�Ibeginning being located the following courses and
distances
from the intersection of the centerline;* of
IlTrent Woods Drive and River Road: AJorth 56 degrees 05
I minutes 09 seconds West 1056.42 feat; South 21 degrat;s 13
Minutes 24 seconds West 30.$s feet;CNorth 56 degrees 00
minutes o0 seconds West 88.88 reet;, and south 42 deg rac3
22 minutes 30 seconds West 133.38 feet to the POINT CIF
z BEGINNING; thence from said point of beginning so loe:ated
South 42 degrees 22 minutes 30 seconds West 56.30 feet to
a point; thence South 34 degrees 51 minutes 00 sec:oncis
z West 42.24 feet to a point; thence Korth 14 degrees �a
minutes 47 seconds East 44.1?- feet to a point; thence
W North 27 degrees o9 minutes 26 seconds East 51.49 feat 1-0
3 a point; thence South 66 degrees 02 minutes 29 seconds
o East 30.34 feet to the point of beginning.
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Jul-24-2000 12:26
From -WARD & SMITH -NEW BERN 2526725477 T-797 P-010/010 F-495
Y
•
•
MAY 2 8 ?004
Morehead city 0CM
,
soot, 1 61 PAGE
Beginning at a point in the southern right-of-way line of
Trent Woods Driver said point of beginning beilg located
the following courses and distances from the inzersection
of the centerline of Trent Woods Drive With the
centerline of River Road; North 56 degrees 05 minutes 09
seconds West along and with the centerline of Trent Woods
Drive 1056.42 feet to a point; thence South 21 degrees 13
minutes 24 seconds West 30.85 feet to a point in the
southern line of Trent Woods Drive; thence North 56
degrees 00 minutes 00 seconds West 5.12 feet to the PRINT
z of HEroINNING; thence from said point of beginning so
z located South 42 degrees 22 minutes 30 sec:oncs West
239.66 feet to a point; thence South 34 clegrees 51
minutes 00 seconds West 242.00 feet to the mean high
Water mark of Trent River; thence North 49 degrees 41
minutes 04 seconds West 90.36 feet to a poi;rit; thence
North 34 degrees 51 minutes 00 6econds East 230.49 feet
a to a point; thence North 33 degrees 56 minutes 07 seconds
East 36.33 feet to a point; thence North 45 degrees 30
minutes 07 seconds East 206.51 feet to a point in the
southern right-of-way line of Trent Woods Drive; thence
South 56 degrees 00 minutes 0o seconds East 83 .76 feet to
the point of beginning consisting of 0.98 acreii according
to a map or plat entitled "Survey for Cynthia B. Kahn
Michael W. Hahn" by Dennis Fornes 6 Associatsu dated May
4, 1990, a copy of which map or plat is atttac;hed hereto
as Exhibit "A" and incorporated by reference herein.
1�1