Murdoch, Albert & M. W. Harbour

®�CAMA / ❑ DREDGE & FILL N0. 75722 A g C D
?ENERAL PERMIT Previous permit#
New ❑Modification ❑Complete Reissue ❑Partial Reissue Date previous permit issued
As authorized by the State of North Carolina, Department of Environmental Quality
and the Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC
❑ Rules attacFSed.
Applicant Name j i ' Project Location: County__ -
Address [ > Street Address/ State Road/ Lot #(s)
CityState. _- ZIP
i
Phone # 1(t I`) �. -��i tl E-Mail Subdivision
Authorized Agent- ---City ZIP
-4CW �EW �i TA ❑ES ❑PTS
Affected
AEC(s): LJ OEA ElHHF IN ❑ UBA ❑ N/A
❑ PWS:
/
ORW: ,y¢s ) no PNA yes / no' ;
Type of Project/ Activity
Pier (dock) length
Fixed Platform(s)/
t
Floating Platform(s) R" i xi
Finger pier(s)
Groin length
number
Bulkhead/ Rtiprap length --,
avg distance offshore' —
max distance offshore
Basin, channel
Boat ramp ---I
Boathouse/ Boatlift^—
Beach
Other
Shoreline Length: -
SAM notsure yes no
1
Moratorium: n/a yes Ipo
Photos: (yes no
Waiver Attached: yes tPlo
A building permit may be required by:
( Note Local Planning jurisdiction)
Notes/ Special Conditions
Agent or Applicant Printed Name
i/'/,:
Signature ** Please read compliance statement on backof permit"
Application Fee(s) Check#
Phone # (_ �) ''//{fiver Basin
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III �
PermitOfficer's Printed Name
,.IIII
I - — i
MOW Date rxpiratioiriDate

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
Iandowner(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 Resources. Contact the Division of Water Resources 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
Morehead City Headquarters
400 Commerce Ave
Morehead City, NC 28557
252-808-2808/ 1-888ARCOAST
Fax: [phone]
(Serves: Carteret, Craven, Onslow -
North of New River Inlet- and Pamlico
Counties)
Elizabeth City District
401 S. Griffin St.
Ste. 300
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 - South of New River Inlet -
and Pender Counties)
http://portal.ncdenr.org/web/cm/dcm-home
Revised 7/06117

ADJACENT RIPARIAN PROPERTY OWNER STATEMENT
I hereby certify that I own property adjacent to
Of
property located at_ II
I
(Address, Lot, Block, Road, etc.)
Oil 33 0a uc1 'SA in (VCR -w 1 N.C.
(Waterbody) (City/Town andlor County)
The applicant has described to me, as shown below, the development proposed at the above
location. `
t� I have no objection to this proposal.
I have objections to this proposal.
DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT
(individual proposing development must fill in description below or attach a site drawing)
See Attached Drawing (Exhibit A)
This is an addition to the existing dock. RECEIVED
SEP 13 ?(1],
DCM-MHD CITY
WAIVER SECTION
I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin 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.)
1 do wish to waive the 15 setback requirement.
I
� t j I do not wish to waive the 15' setback requirement.
(Prop erty Owner Information)
////v ( ,ii
T
Signature
Print or Type Name
163 /3t(.-4�-
Mailing Address
t"Co'A.T : /vf',
City/Stat
a5a--7�t, L/
Telephone Number
`I//d/i r
(Adjacent Property Owner Information)
Date / IDate
(Revised 611812012)

I

To whom it may concern:
I called the local NCDOT office and they gave me your address to send this form too. I am applying for a
CAMA permit to add an addition to the current existing dock. According to CAMA the NCDOT is one of
the adjacent property owners since the property address is located on Soundview Drive in Newport,
North Carolina. If you have any questions please contact me at 252-726-1474 or [e-mail]
Thank you for your assistance,
Steve Murdoch
163 Bogue Drive
Newport, North Carolina 28570
H:252-726-1474
C:252-349-2618
New Bern Dlstrlct Office
3'.P032019
RECEIVED
SEP 13 2019
DCM-MHD CITY

.. t

ADJACENT RIPARIAN PROPERTY OWNER STATEMENT
I hereby certify that I own property adjacent to A 6-rti VM of J ccJh 's
(Name of Property Owner)
property located at I j sr. Ls✓ c1 U e— 172i ` e — Lo'E 5 (� Ar, OAa ar,
(Address, Lot, Block, Road, etc.)
on 1304ue S01+19 in f�e-VJ oR- t N.C.
(Waterbody) (City/Town and/or County)
The applicant has described to me, as shown below, the development proposed at the above
location.
..�6� I have no objection to this proposal.
I have objections to this proposal.
DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT
(Individual proposing development must fill in description below or attach a site drawing)
See Attached Drawing (Exhibit A)
This is an addition to the existing dock.
RECEIVED
SEP 13 2919
DCM-MHD CITY
WAIVER SECTION
I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin 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.)
� -:,10-" I do wish to waive the 16 setback requirement.
I do not wish to waive the 15' setback requirement.
(Prop rty Owner Information)
Sig ature
Print or Type Name
Mailing Address
AIc=W/ T. /�C.
City/State2ip
- U-C -1 7�1
Telephone Number
`/' AJ / /
Date
(Adjacent Property Owner Information)
i II ure
Ilnn � AlUtiiil{.
Print or Type Nar e /
Mailing Address
o �✓ germ
City/state/zip
Telephone Num er,
Date
(Revised 6/18/2012)

STATE OF NORTH CAROLINA
RECEIVED
SEP 19 2019
DCM-MHD CITY
COUNTY OF CARTERET
EASEMENTS AND JOINT DOCK WALKWAY USE AGREEMENT
This EASEMENTS AND JOINT DOCK WALKWAY USE AGREEMENT
("Agreement") is made by and between MALLORY WILLIAM HARBOUR and wife, PATSY
S. HARBOUR, (hereinafter "Harbour") and STEVEN C. MURDOCH, and any other heir or
legatee of Albert C. Murdoch and wife, Carol K. Murdoch having an interest in the "Murdoch
Property" described below (hereinafter the hens being referred to as "Murdoch"). Harbour and
Murdoch hereinafter may sometimes be jointly referred to as the "Parties." For the purposes of
establishing an easement and the rights and responsibilities of the joint use of a dock walkway and
improvements attached to or adjacent to said dock walkway, the Parties agree as follows:
RECITALS
WHEREAS, Harbour is the owner of a certain parcel of improved land which they purchased
from Albert C. Murdoch and wife, Carol K. Murdoch in 2002, conveyed by and described in that deed
recorded in Book 932, page 377, Carteret County Registry, that property being Lot 6 and a portion
of Lot 5, Bar Harbor Subdivision as shown in Map Book 6, page 22, Carteret County Registry, and
having an address of 109 Soundview Drive, tax parcel number 632502593970000 (a survey of the
property is attached to the referenced deed and such property will sometimes herein be referred to
as the "Harbour Property");
WHEREAS, Murdoch, as the heirs of Albert C. Murdoch and wife, Carol K. Murdoch, are the
owners of a certain parcel of unimproved land described as that property being Lot 5 (except for
Page 1 of 10

that small shoreline wedge conveyed to Harbour), Bar Harbor Subdivision as shown in Map Book
6, page 22, Carteret County Registry, and having an address of 111 Soundview Drive, tax parcel
number 632502592970000 (hereinafter sometimes referred to as the "Murdoch Property");
WHEREAS, Harbour and Murdoch have previously shared use of a dock walkway and
amenities which now originate from the shoreline of the Harbour Property;
WHEREAS, the Parties intend to continue shared use of and access to the dock walkway
and other common components thereof and to share in the cost of maintaining the same;
WHEREAS, except as may otherwise be provided in this Agreement it is agreed that the
dock walkway shall remain wholly owned by Harbour but subject to the easement rights of
Murdoch;
WHEREAS, it is agreed that the ownership and use of, and the responsibility for those
appurtenances, amenities, improvements and facilities which are located on the east side of the
dock walkway (hereinafter the "Harbour Improvements") shall be exclusive to Harbour;
WHEREAS, it is agreed that the ownership and use of, and the responsibility for those
appurtenances, amenities, improvements and facilities on to the west side of the dock walkway
(hereinafter "Murdoch Improvements") shall be exclusive to use of Murdoch, their family, guests,
heirs and the successors in interest in the Murdoch Property;
WHEREAS, Harbour agrees that Murdoch, their family, guests, invitees, heirs, and the
successors in interest in the Murdoch Property shall be entitled to have access to the Murdoch
Improvements by way of the easements herein contained; and
WHEREAS, the Parties wish to memorialize and record their rights, interests and
responsibilities regarding the use of the dock walkway and their respective Improvement areas
attached to the dock walkway;
NOW THEREFORE, in consideration of the mutual covenants and benefits to be derived
Page 2 of 10

from this Agreement, and other good and valuable consideration, the receipt and sufficiency being
hereby acknowledged by the Parties, Harbour, by these presents do hereby convey to Murdoch, a
nonexclusive and perpetual easement for the use, maintenance and repair of a shared dock walkway
for access to the Murdoch Improvements and an upland easement area as more particularly described
herein for the same purposes, all pursuant to such terms and conditions as are set out hereinafter.
1. Easements. Harbour grants Murdoch a nonexclusive and perpetual easement, with all
easement rights necessary to allow Murdoch his family, heirs, invitees, and successors to
traverse and use the dock walkway for access to the Murdoch Improvements as shown on
Exhibit A attached hereto, for placement of utilities thereto, and for the exclusive use of the
western edge of the dock walkway and the area of water on the west side of the dock
walkway. Also granted herein is a nonexclusive and perpetual easement for Murdoch to use
an area of the upland shoreline of the Harbour Property for reasonable access to the dock
walkway from the Murdoch Property (hereinafter "Shoreline Easement"). The Shoreline
Easement shall be used for ingress, egress and regress to maintain, repair and use the dock
walkway and the Murdoch Improvements; however, such area may not be obstructed by
either Party where such obstruction would interfere with the Parties use of the area of the
Shoreline Easement unless such obstruction (e.g., security gate) is consented to in
writing by the non -obstructing Parry.
2. Parties Burdened and Benefited. Except as may hereinafter be provided, the rights,
interests, terms and conditions in this Agreement shall be construed to be the responsibility
of and for the benefit of and therefore binding upon the Parties and their heirs or successors,
in perpetuity.
3. Use and Repair of the Dock Walkway; Easements, and Exclusive Areas. The dock
walkway will be used jointly by the Parties and the members of their respective families
and guests, in accordance with and subject to the following conditions:
3.1 Harbour shall have exclusive use of the east face of the dock walkway and the
Harbour Improvements. All appurtenances and or improvements � Iig-t is
area shall be and remain the personal property of Harbour; E�+EVV
Page 3of10 SEP 19 2019
DCM-MHD CITY

3.2 Murdoch shall have exclusive use of the west face of the dock walkway and the
Murdoch Improvements which are shown on that diagram attached hereto as
Exhibit A and incorporated herein by reference, including the area reserved for the
future addition of a second boat lift as indicated thereon. All appurtenances,
improvements, and facilities located in this area shall be and remain the personal
property of Murdoch. Within 90 days of the date of this Agreement, Murdoch will
hire a qualified contractor to construct the Murdoch Improvements and such
construction will be completed within the contractor's_ stated timeframe for the
same. If there are circumstances beyond the control of Murdoch and their
contractor which delay the beginning and completion of construction (e.g.,
weather, delayed permitting, inability to obtain materials, etc.), Harbour shall grant
and not unreasonably withhold the necessary extension of time required. Nothing
herein shall limit Murdoch from making additions to the Murdoch Improvements
over time, including, but not limited to adding a second boat lift.
3.3 The dock walkway over which Murdoch shall have an access easement is defined
as that portion of the dock that extends south (water ward) from the Harbour
shoreline to its connection with an east/west running "T" at the end. The Shoreline
Easement area shall be located at the northern shoreline terminus of the dock
walkway and a path along and with Harbour's shoreline for an unobstructed width
of 5 feet terminating at the property line of Murdoch.
3.4 If severe weather or any other calamity or casualty shall cause any part(s) of the
dock walkway to be damaged, making repair or replacement necessary, the Parties
shall cause such repair or replacement themselves (sharing the costs for materials
and labor for the same) or shall obtain at least two proposals/quotes for the work
and shall accept the most beneficial proposal, with each of the Parties being equally
responsible for payment. If Murdoch or their successors fail to pay their equal share
of the costs for repair or replacements within 30 days of presentation of a final
invoice for the same, then Murdoch and/or their successors will lose all easement
herein included and thereby lose access to the Murdoch Improvements by use of
the walkway and shoreline easement area; however, Murdoch and or their
Page 4 of 10

successors will retain ownership of the Murdoch Improvements which thereafter
will have to be accessed by some alternative means. If Harbour or their successors
fail to pay their equal share of the costs for repair or replacement within 30 days of
presentation of a final invoice for the same, then Harbour and/or their successors
shall lose ownership and use of the dock walkway and Murdoch and/or their
successors shall thereafter be the owner of the entire dock, retaining the right to
access the same over the property of Harbour and/or their successors, and Harbour
and/or their successors must remove the Harbour Improvements from the dock
within one year of such default.
3.5 Neither Harbour nor Murdoch may lease or rent their respective Improvements or
any part thereof, nor shall they grant use of the dock walkway in any way not
contemplated by this Agreement.
4. Operating Costs. Water, electrical, and lighting for the dock walkway shall be supplied,
maintained, and paid for by Harbour. Murdoch is granted the right to attach the Murdoch
Improvements to any Harbour water and electrical facilities. The Parties will work with
Carteret County and any municipality with tax jurisdiction to insure that the property taxes
for the dock are equitably allocated. Each party shall pay its own share of the taxes when
due.
5. Indemnity. The Parties acknowledge that a dock can be a dangerous place and each Party
hereby agrees that it shall use and/or allow the use of the shared dock walkway entirely at
their own risk. The Parties hereby indemnify and hold each other harmless from any loss,
damage, injury, cause of action or claim resulting from any and all acts or omission of a
Party, their families, agents, guests, invitees or other persons using the dock or any parts
thereof at the invitation of the Party.
RECEIVED
6. Insurance. Each Party shall obtain their own insurance policies.
SEP 19 2019
DCM-MHD CITY
7. Damages to Dock. If the dock walkway is damaged by a Party or by any person using the
dock walkway at the invitation of that Parry, such Party shall promptly pay for and cause
Page 5 of 10

the repair or replacement of the damaged areas to the standard of the damaged area prior
to such damage. In the event the Party responsible for the cause of such damages does not
repair the same within ninety (90) days of such damage, fully paying for such repairs or
replacement when due and payable, the non -responsible Parry may, at their option, make
the necessary repairs or replacements and/or pay for the same, but at the cost of the
responsible Party. The responsible Party shall repay the non -responsible party for such
costs within 30 days of presentment of an invoice for the same or the non -responsible Parry
may take action to collect the same. Neither party shall allow for any lien to be placed
upon the dock or the Improvement areas.
8. Nuisance. The Parties will not engage in, or allow to be engaged in, any activity at or about
the dock walkway or their respective Improvement areas, in contravention of any law
or that reasonably may be deemed a nuisance. Nuisance shall include, but is not limited
to, any loud or boisterous activity and/or music that would disturb the natural peace and
tranquility of the area. Each Party agrees to use their best efforts to minimize any
interference or impact on the property of the other while using the dock walkway and their
Improvement areas.
9. No Overnight Accommodations. Boats moored in or tied to the dock or the respective
Improvement areas shall not be used for overnight accommodations, other than for
occasional use by the Parties and their guests and limited to no more than one week at a
time and no more than two weeks in a year, cumulatively.
10. Parties Responsible for their own Boats and Property. The Parties shall be solely
responsible for their boats and other property moored, tied to, or on the dock walkway or
their respective Improvement areas. Neither Party shall bear responsibility or liability for
loss or damage of boats or other vessels they do not own. Boats and other vessels will be
kept in neat, clean and seaworthy condition at all times and each Party shall be responsible
for the relocation of their boat when weather conditions so require. Each Parry shall be
responsible for the collection, removal and disposal of their own trash and sewage, and
shall be solely responsible for any of their discharges into the waters.
Page 6 of 10

11. Terms and Conditions of Agreement are Enforceable. The terms and conditions of
joint use as set forth herein are expressly conditioned upon compliance by each joint user
with all requirements set forth herein. Each Party is/are empowered to enforce the terms,
conditions and requirements of this Agreement. Failure to abide by the terms, conditions
and requirements may result in loss of use by the offender.
12. Termination. In addition to any other relevant provision within this Agreement, should
any of the following occur, this Agreement shall terminate:
12.1 If Murdoch should fail to construct the Murdoch Improvements as shown on
Exhibit A (except for the second boat lift indicated as a possible future addition)
prior to the death of Steve Murdoch.
12.2 If either the Harbour Property or Murdoch Property is sold, the successor owners
may choose to opt out of the responsibilities and benefits of this Agreement;
however, upon doing so, the party opting out shall thereafter have no right to the
usage and/or ownership of the dock walkway and the remaining party shall
obtain full and sole ownership of the entire dock facility and shoreline access
easement, except that the Harbour Improvements and the Murdoch
Improvements will remain the personal property of such party or their
successors, but without dock walkway access.
13. Entire Agreement. This is the entire agreement between the Parties. There are no other
understandings, verbal or written concerning the subject matter of this Agreement. This
Agreement may be amended only by written agreement signed by the Parties.
14. Notices. All Notices which any Party must or desires to give hereunder shall be in writing
and will be sufficiently given if delivered by personal delivery, by confirmed email, or by
nationally recognized overnight courier service, postage prepaid, addressed to the Party
to whom directed at the applicable address set forth below (unless changed by similar
notice in writing given by the particular Party whose address is to be changed).
RECEIVED
SEP 19 Z019
Page 7 of 10
DCM-MHD CITY

Murdoch
c/o Steve Murdoch
(Street)
(City, State, Zip)
Email:
Harbour
c/o William Harbour
(Street)
(City, State, Zip)
Email:
15. North Carolina Law. This Agreement shall be governed by the laws of the State of
North Carolina.
16. Counterparts. This Agreement may be executed in one or more counterparts, all of
which together shall constitute one and the same original.
TO HAVE AND TO HOLD the said Easements and other rights herein described,
together with all privileges and appurtenances thereto belonging to each party and further, it is
agreed that the Easements and terms of this Agreement shall run with the land and be binding
on each party and their respective heirs, successors and assigns in perpetuity under the terms and
conditions hereinabove stated, and subject only to the liens and restrictions of record prior to
recording this document, if any. This Agreement shall be recorded in the Carteret County
Registry and shall not be modified or amended without the recording of an Amendment executed
by the then current owners of the property herein described.
Page 8 of 10

IN WITNESS WHEREOF the Parties hereto have set their hands and seals as
follows:
"MUi
"OCH"
&i Date g 5 1
Steve Murdoch — individually and
for the other heirs of Albert C. Murdoch
and Carol K. Murdoch
STATE OF NORTH CAROLINA COUNTY OF C
pq (fl'✓&�
I, Mt c'41(t- - a ciS , a Notary Public of the County and State
aforesaid do hereby certify that Steve Murdoch personally appeared before me this date and
acknowledged the due execution of the foregoing instrument. "
WITNESS my hand and Notarial Seal, this the day of A An )w�;F 12019.
My commission expires: Icy -2-02 } 4---e—
Notary Public
' pT k
-%Boc'
RECEIVED
SEP 19 Z019
Page 9 of 10 DCM.MHD CITY

«HARsoUR„
�u L4,)ate 7-:0
Mallory Willim Harbour
Patsy S. rbour
STATE OF NORTH CAROLINA
Date 2019
COUNTY OF C l[i-I_
1, c )mj5?H C�1ta��'� *1�'- (print or type name) a Notary Public of the County and
State aforesaid do hereby certify that —Mallory William Harbour and his wife, Patsy S. Harbour
personally appeared before me this date and acknowledged the due execution of the foregoing
instrument.
WITNESS my hand and Notarial Seal, this the Z�day of X &V T 2019.
My commission expires: A. I ZOZ y
(SEAL)
JOSEPH C TRACEY 111
Notary Public
Carteret Co., North Carolina
My Commission Expires May 8, 2024
No Pu ]i
Page 10 of 10

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