53622_POLL RIDGE BRACH_20090508

�CAMA / ❑ DREDGE & FILL �n e}36.�
GENk,RAL PERMIT Previous permit # -
-]New ❑Complete Reissue ❑Partial Reissue Date previous permit issued
As authorized by the State of North Carolina, Department of Environment and Natura Resources
and the Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC
❑ Rules attached.
Applicant Name
Address
City
Phone # O_
Authorized Agent
Affected ❑ CW
AEC(s): ❑ OEA
❑ PWS:
ORW: yes / no
State ZIP
-;Fax # ( )
O EW ❑ PTA
❑ HHF ❑ IH
❑ FC:
PNA yes / no
❑ ES ❑ PTS
❑ UBA ❑ N/A
Crit.Hab. yes / no
Project Location: County_
Street Address/ State Road/ Lot #(s)
Subdivision
City ZIP
Phone # O River Basin _
Adj. Wtr. Body - _ (natunkn)
Closest Maj. Wtr. Body
Type of Project/ Activity
)
V­
(Scale:
Pier (dock) length
Platform(s)
Finger pier(s)
Groin
_
—
—
—
—
—
- — k
length
number
Agent or Applicant Printed Name
Signature ` * Please read compliance statement on back of permit"
Application Fee(s) Check #
Permit Officer's Signatyre
IssuingDat'e� �/ExpirationDate r
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 officer when 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, certify that this project is consistent with 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:[phone]
Morehead City Headquarters
400 Commerce Ave
Morehead City, NC 28557
252-808-2808/ 1-888-4RCOAST
Fax: [phone]
(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: [phone]
(Serves: Camden, Chowan, Currituck,
Dare, Gates, Pasquotank and Perquimans
Counties)
Washington District
943 Washington Square Mall
Washington, NC 27889
252-946-6481
Fax: [phone]
(Serves: Beaufort, Bertie, Hertford, Hyde,
Tyrrell and Washington Counties)
Wilmington District
127 Cardinal Drive Ext.
Wilmington, NC 28405-3845
910-796-7215
Fax: [phone]
(Serves: Brunswick, New Hanover,
Onslow -below New River Inlet- and
Pender Counties)
Revised 08/09/06

ArR-21-2009 08:49 PM
P _ t=i 1
ARTICLES OF INCORPORATION OF
POLL BRIDGE BRANCH ASSOCIATION, INC.
-SOSID: 1093214 - .._._
Date Filed: 4/17/200911:26:00 AM
Elaine F. Marihall
North Carolina Secretary of State
C200909801187
In compliance with the requirements of Chapter 55A of the North Carolina.
General Statutes entitled "Nonprofit Corporation Act," and the several amendments thereto, the
undersigned, natural person of full age, has this day executed these Articles of Incorporation for
the purpose of forming a non-profit corporation and hereby certifies:
ARTICLE 1.
The name of the corporation is Poll Bridge Branch Association, Inc. (hereinafter called
"the Corporation" or "Association"),
ARTICLE H.
The registered office of the Corporation is located at 217 Shell Landing Road, Beaufort,
Carteret County, North Carolina 28516. The principal office of the Corporation is located at 217
Shell Landing Road, Beaufort, Carteret County, North Carolina 28516,
ARTICLE III,
Walter Glancy Jr. whose address is 217 Shell Landing Road, Beaufort, Carteret County,
North Carolina 28516, is hereby appointed the initial Registered Agent of the Corporation.
ARTICLE IV,
The Corporation does not contemplate pecuniary gain or profit to the members thereof
and no part of the Corporation's net income shall inure to the benefit of any of its officers,
directors or members or any other private individual. The purposes and objects of the corporation
shall be to administer the maintenance and upkeep of Poll Bridge Branch Canal(herein "canal")
located in Shell Landing Subdivision, Beaufort, Carteret County, NC, and all activities and
requirements related thereto to undertake the performance of the acts, duties, rights and
responsibilities incident to the administration of the Association and maintenance of the Canal,
and to own, operate, lease, sell, trade and otherwise deal with such properties„ whether real or
personal, as may be necessary or convenient in the administration and management of association
properties,
ARTICLE V.

HPR-21-2_00 9 08 :41+ PM
F . 17, -,
The Corporation shall have the following powers:
1. The Corporation shall have all of the powers and privileges granted to Non -Profit
Corporations tinder the law pursuant to which this Corporation is chartered, and all of the powers
and privileges which may be granted unto said Corporation under any other applicable laws of
the State of North Carolina.
2. The Corporation shall have all the powers reasonably necessary to implement and
effectuate the purposes of the Corporation, including, but not limited to, the following,
(a) To make and establish reasonable rules and regulations governing the use
of Poll Bridge Branch Canal which may be consistent with federal and state laws governing the
conduct and activities of members of the Association relating to use of the Canal,
(b) To levy and collect dues and against members of the Corporation to
defray the common expenses of the Association as may be provided in the Agreement
establishing the Association and in. the By -Laws of this Corporation which maybe hereafter
adopted, and otherwise dealing with Association properties, whether real or personal, which
may be necessary or convenient in the operation and management of the Association, and for the
purpose of accomplishing the purposes set forth in the Agreement establishing and providing for
this Association.
(c) To maintain, dredge and repair Poll Bridge Branch Canal and operate and
manage other Association Properties, real or personal, including the right to reconstruct
improvements after casualty and to make further improvements to Association Properties; to
make and enter into any and all contracts necessary or desirable to accomplish said purpose,
(d) To contract for the maintenance and dredging of the Canal.
(e) To enforce the provisions of these Articles of Incorporation, the By -Laws
of the Corporation, pertinent and applicable provisions of any of the Agreement Establishing the
Association, and the rules and regulations governing membership in the Association as the same
may be hereafter be established from time to time.
(f) To exercise, undertake and accomplish all of the rights, duties and obligations
which may be granted to or imposed upon the Corporation pursuant to Canal Agreement, the
Bylaws and these articles.
ARTICLE VI .
The qualification of the members, the manner of their admission to membership and
termination of such membership, and voting by members shall be as follows:

l . There shall be two types of membership, a regular membership and an associate
membership. Every owner of a lot or property located within Shell Landing Subdivision which
adjoins or borders Poll Bridge Bunch Canal , Beaufort, NC, is entitled to join but is not
required to be a regular member of the Association. Regular memberships shall be limited to
such owners and their heirs, successors in interest and assigns. With regard to regular
memberships, the Board of Directors is authorized :For violation of the rules and regulations of
the Association to deny membership voting rights
2. The Association through its board of directors may provide or allow associate
memberships to third parties located inside or outside Shell Landing Subdivision on such terms
and conditions as approved by the Board but associate memberships shall have no right to vote.
3. Regular memberships are limited to owners of lots abutting or adjoining the Canal
within Shell banding Subdivision, Beaufort, North Carolina. Persons or entities who hold an
interest in a lot merely as security for the performance of an obligation shall not be regular
members,
4. When more than one person holds an interest in any lot or property affording
membership, all such persons shall be entitled to the privileges and responsibility of a regular
membership, but said lot shall only have one vote, and the owners of said lot shall designate one
of them as the voting regular member. If the lot is owned by a corporation or other business
entities, an officer or employee shall be designated as the voting regular member.
5. Each lot who is a member of the Association shall have one vote at all meetings of the
membership of the Association.
& The interest of a member in the funds and assets of the Corporation cannot be
assigned, hypothecated or transferred in any manner. The funds and assets of the Corporation
shall belong solely to the Corporation subject to the limitation that the same be expended, held or
used for the benefit of the membership and for the purposes authorized herein, the Agreement
establishing the Association, and in the By -Laws which maybe hereafter adopted.
7. A roster or other written documentation shall be maintained containing the names and
addresses of all members and the lots they own or represent. The vote of each member may be
cast or exercised by the member of lot owner in such manner as may be provided in the By -haws
hereafter adopted by the Corporation.
ARTICLE VII.
The Corporation shall have perpetual existence.
ARTICLE VM,

APR-21-2009 08:50 PM
P . 0 4
The affairs of the Corporation shall be managed by the Board of Directors, and the Chief
Officer of the Corporation shall be the President, assisted by the Secretary/Treasurer, subject to
the directions of the Board of Directors. The Board of Directors may ernploy a management firm
and/or such other managerial and supervisory personnel or entities to administer or assist in the
administration of the operation and management of the Association, and the affairs of the
Corporation, and any such person or entity may be a member of the Corporation or a Director or
Officer of the Corporation, as the case may be.
ARTICLE IX.
The number of members of the First Board of Directors of the Corporation shall be three
(3). The number of members. of the succeeding Board of Directors shall be as provided from time
to time by the By -Laws of the Corporation but shall not be fewer than three. The members of the
Board of Directors shall be elected by the members of the Corporation at the annual meeting of
the membership as provided by the By -Laws of the Corporation. All Directors shall be required
to be members of the Association.
ARTICLE X.
The Board of Directors shall elect it President and Secretary/Treasurer. The President and
Secretary/Treasurer shall be elected from among the membership of the Board of Directors. The
offices of Secretary and Treasurer may be held by the same person. No person shall
simultaneously hold more than one of any of the other offices except in the case of special offices
created by the Board of Directors.
ARTICLE XI.
The names and post office addresses of the initial Board of Directors who, subject to the
provisions of these Articles of Incorporation, the By -Laws and the laws of the State of North
Carolina, shall hold office until the first annual meeting of the Membership (or until their
successors are elected and qualified) are as follows:
Walter Glancy Jr., 217 Shell Landing Road, Beaufort, NC 28516
Millard C. West, Jr., 152 Wallace Road, Beaufort, NC 28516
Donald Murphy, 110 Wallace Road, Beaufort, NC 28516
ARTICLE XH.

APR-21-2009 02:50 PM
P _ 0
The original By -Laws of the Corporation shall be adopted by a majority vote of the initial
members of the Corporation as provided for in Paragraph l Article VI, herein, present at a
meeting of said members at which a majority of the membership is present, and thereafter, such
By -Laws may be altered or mended only in such manner as said By -Laws provide.
ARTICLE XIII.
Every Director and every officer of the Corporation shall be indemnified by the
Corporation against all expenses and liabilities, including counsel fees, reasonably incurred by or
imposed upon him in connection with any proceeding to which he may be a party, or in which he
may become involved, by reason of his being or having been a Director or officer of the
Corporation, whether or not he is a Director or officer at the time such expenses are incurred,
except in such cases wherein the Director or officer is adjudged guilty of willful misfeasance or
malfeasance in the performance of has duties; provided that, in the event of any claim for
reimbursement or indemnification hereunder based upon a setilement by the Director or officer
seeking such reimbursement or indemnification, the indemnification herein shall only apply if the
Board of Directors approves such settlement and reimbursement as being in the best interests of
the Corporation, The foregoing right of indemnification shall be in addition to and not exclusive
of all other rights to which such Director or officer may be entitled.
ARTICLE XIV.
An amendment or amendments to these Articles of Incorporation shall require the assent
of sixty six and two thirds percent (66-213%) of the Board of Directors.
ARTICLE XV.
In the event of dissolution of this Corporation, all of its then assets shall be distributed as
follows;
(i) The dissolution shall be conducted under Court supervision, if required or
permitted under the statutes of the State of North Carolina, as now enacted or as hereafter
amended or supplemented, and, subject to prior compliance with Chapter 47F of the North
Carolina Statutes, as then amended or supplemental, the assets of this Corporation shall be
distributed to another non-profit corporation or unincorporated association formed for the
purpose of maintaining Poll Bridge Branch Canal, or in the event no such corporation or
association exists, then the assets of this corporation shall be distributed to Carteret County or
other public entity, or to a similar non-profit corporation which has as its purpose the
maintenance of waterways and canals and the discharge of Association responsibilities in
accordance herewith,

APR-21-20OC4 08:51 PH
P.0r.
ARTICLE XVI.
The name and address of the incorporator is as follows:
Richard L. Stanley
613 Cedar Street
P. 0. Box 150
Beaufort, N.C. 28516
IN TE '�'IMONWWJ� OE, I, being the incorporator, have reunto set my hand and
seal, this the � ay of009.
Richard L. eY
Incorporator
STATE OF NORTH CAROLINA
COUNTY OF CARTERET
I,Pjujj the undersigned Notary Public hereby certify that Riektard L.
Stanley, pare ally appeared before me, and being by me first duly sworn, declares that he signed
the foregoing document in the capacity indicated and that the statements therein contained are
true.
Witness my hand and notarial seat, this the 6hay of .2009.
— -41aw - e%
'A _n A
Not—af Public
My commission expires: 1L
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GAR "NNTY, NC
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NOTAA`! �iD�-�C
CARTE'JiomRET GC4WU;:' NC

INEMNqON
LAW FIRM
January 28, 2009
To Whom It May Concern:
J. JEFFERSON NEWTON
ATTORNEY AT LAW
BOARD CERTIFIED CIVIL TRIAL SPECIALIST
BOARD CERTIFIED WORKERS' COMPENSATION SPECIALIST
CERTIFIED MEDIATOR AND ARBITRATOR
Please be advised that I have ownership interest in 2 lots on the Pole Bridge Branch on
Wallace Road, Shell Landing Addition, Beaufort, North Carolina 28516 and that authority is
hereby given to the appropriate person to dredge the Pole Bridge Branch adjacent to the
aforesaid property.
Very truly yours,
NEWTON LAW FIRM
n,
)JEF1 ON NEWTON
4� ki jy
J
is 2009
Morehea o city DGM
PERSONAL INJURY • WORKERS' COMPENSATION • MEDIATION & ARBITRATION
814 CEDAR STREET • POST OFFICE DRAWER 630 • BEAUFORT, NORTH CAROLINA 28516
PHONE: [phone] • FAX; [phone] • EMAIL: JEFF@a NEWTONLAW.COM

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January 18, 2009
Lyman and Jane Partin
249 Shell Landing Road
Beaufort, NC 28516
I agree to the Poll Bridge Branch Canal project. Enclosed is a
personal check for $1640.00. If possible, we would like to have
some additional dredging in the boat basin behind our home. We
understand that the cost would be less than $500.00. Please
contact us at the address or telephone below with any issues.
10317 Byrum Woods Drive
Raleigh, NC 27613
919-845-1168 (home)
919-815-9983 (cel)
P. Lyman Partin, Jr.
Jars Muse Partin
Morehead GO f)GhA

TO WHOM IT MAY CONCERN
21 January 2009
I am a property owner of lot 22, Shell Landing Subdivision, 229
Shell Landing Rd.. I agree to the maintenance dredging of the
waterway adjacent to the northwest border of my property, as
described.
Beginning at a point where Pole Bridge Branch becomes Cow Pen
Creek, (approximately 152' NNE along said Pole Bridge Branch,
from the intersection of Pole Bridge Branch with the R/W of Shell
Landing Rd.). Cow Pen Creek will be maintenance dredged to a
width of no less than 18 feet along the center line of the water way
and to a depth of 1.5 feet below the existing bottom, to the
intersection with the main branch of Cow Pen Creek
(NewbyCreek), approximately 900 feet, comprising no more or
less than 1,000 cubic yards of spoil.
Signed:
Edward A. Larsen Jr.
Reveshia S. Larsen
1641 Cawdor Dr.
Fayetteville, NC 28304
910 424 1343 or 910 624 3033
D-�TO
APR 2 a 2009
Morehead City DCM

Date
I am a property owner on Poll Bridge Branch canal in the Shell Landing Subdivision and
I agree to the maintenance dredging of the canal.
Name (print) -; i�Zv f" - � 'E RC %c I
Signature
Address l 07 G G yam„ . -s dr, eo. k
Phone
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fiGARY A. MERCER 6125
1 JUDY S. MERCER 66-7172/2531
9 2501 FRONT ST PH. 252-728-4648 D
/��(a _
BEAUFORT,NC 28516
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III BEAUFORT,NC
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ARC 1 0 2009
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Date / 7 0/
I am a property owner on Poll Bridge Branch canal in the Shell Landing Subdivision and
I agree to the maintenance dredging of the canal.
Name (print)
Signature.
Addres
Phone
Morehead City DGM

Date l / 7 a
I am a property owner on Poll Bridge Branch canal in the Shell Landing Subdivision and
I agree to the maintenance dredging of the canal.
Name (print)
Signature
Addres
Phone 2 2-2r Lf � G 7 ,--
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A_ k z o 2009
Morehead City DDM

Date /— ! k- ©7 / Zo j .
I am a property owner on Poll Bridge Branch canal in the Shell Landing Subdivision and
I agree to the maintenance dredging of the canal.
Name (print) ��%
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Signature
Address l 6• c yam„ o srdss�.�:_ r �o �•
Phone Z- ' '� 2-3 �C
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Wr°ehLaad City DCM

Date i
I am a property owner on Poll Bridge Branch canal in the Shell Landing Subdivision and
I agree to the maintenance dredging of the canal.
Name (print) CkIP
Signature
Addres
Phone `7,);3 J 3 s o
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APR 2 Q 2009
Morehead City DCM

DateJ l V
I am a property owner on Poll Bridge Branch canal in the Shell Landing Subdivision and
I agree to the maintenance dredging of the canal.
Name (print
Signature
Addres
Phone �l f %
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Morehead City DOM

Date V / -- /' j
I am a property owner on Poll Bridge Branch canal in the Shell Landing Subdivision and
I agree to the maintenance dredging of the canal.
Name (print) (Z ra c P +-- 23 r i cz- i--) _ D
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APR 2 0 2-009
Morehead City DCM

Date 1 b -7HOC 9
I am a property owner on Poll Bridge Branch canal in the Shell Landing Subdivision and
I agree to the maintenance dredging of the canal.
Name (print) /, -I if-Lh a-P C
Signature
Address /t;-2 A'P
Phone .25"-2- -7 '-7 a 7-/
RIAPR
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Mor®Vjeao DGM

Date � -
I am a property owner on Poll Bridge Branch canal in the Shell Landing Subdivision and
I agree to the maintenance dredging of the canal.
Name (print)
Signature
Address // e�) &4—J,
Phone -?-3 F -/ �Z / �"
APR 2 0 200'�i
Morehead City OGM

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ADJAC:L+'NT RIPARIAN YRUYL'RIA UWINE-K N 1A-11i,1VJ V 1N J
(Bulkheads and Riprap)
I hereby certify that I own property adjacent to Vro&1 1 66)Att—% lory
(Name of Property Owner or Applicant)
Phone number you can be reached at ALSA--2A R S�3 r� --
Mailing address if different from 1
Property located at
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on CO i' , in 4 1pyr'c'.e� �tN.C.
(Waterbody) (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.
DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT
(To'be filled in by individual proposing development)
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Phone number you can be reached at
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on Coda, ) 04 y. (Int- AN5 in 6 ,e u 1Fvs-,tt U , N.C.
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and, I have no objections to his proposal."
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(Bulkheads and Riprap) (1 I
I hereby certify that I own property adjacent to Yb n) ��DyL
(Name of Property Owner or Applicant)
Phone number you can be reached at
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Property located at
(Lot, Block, Road, etc.)
on N LU P&V C" P ,e r�— in &t N. C.
(Waterbody) (Town and/o • 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.
DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT
(To 'be filled in by individual proposing development)
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APR 2 0 2009
MOM.head City DGM
Signature
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EASTERN SHORES MARINE CONSTRUCTION, INC
198 CAPE LOOKOUT DR.
HARKERS ISLAND, NC 28531
1320
DATE �5 66-30/531
006
First Citizens
Bank
firstcitizens.com
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