91-16 Bogue Shores Condos

1
:ara ............
Permit Class Permit Number
NEW 91-16
'STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
�err�it
for
X Major.Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to no ue Shores Condos c/o Herbert E. Hite 305 Commercial Avenue, Suite 102 Morehead City, NC 28557
Authorizing development in Carteret County at adjacent to Bogtte Sound at 1918 West Fort
Macon Road, in Atlantic Beach, as requested in the permittee's application dated 6/18/16, including attached workplan
drawings 5 1-5 of 5 dated 6/18/16.
This permit, issued on August 23, 2016 is subject to compliance with the application (where consistent
.,,;rt, the nrrn,it)- all annlicable reputations, special conditions and notes set forth below. Any violation of these terms may
ie subject to fines, imprisonment or civil action; or may cause the permit to oe ntur ana vow.
Reconfigured Marina Facility
1) This permit authorizes the construction a floating pier, a fixed platform, and six finger piers and
relocation of an existing fixed dock, and uses located in or over the water that are expressly and
specifically set forth in the permit application. No other structure, whether floating or stationary, shall
become a permanent part of this reconfigured marina facility without permit modification. No non -
water dependent uses of structures shall be conducted on, in or over Public Trust waters without
permit modification.
2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
reconfigured marina facility. Any sewage discharge at the reconfigured marina facility shall be
considered a violation of this permit for which the permittee is responsible. This prohibition shall be
applied and enforced throughout the entire existence of the permitted structure.
(See attached sheets for Additional Conditions)
,.v nnn �..A rhP
This permit action may be appealed by the permittee or other
qualified persons within twenty (20) days of the issuing date.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2019
in issuing this permit, the State of North Carolina agrees that,
your project is consistent with the North Carolina Coastal
Management Program.
Jlb'UCU UY U,G auwv..V -1 ..... ..--.--,, -- --
Chairman of the Coastal Resources Commission.
Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Bogue Shores Condos Permit No. 91-16
Page 2 of 3
ADDITIONAL CONDITIONS
3) The existing docking facility shall be removed in its entirety prior to the initiation of construction of the
authorized new docking facility.
4) This permit authorizes a maximum of sixteen (16) formalized boat slips.
5) The marina facility shall display a sign showing the location of the nearest pumpout facility, including
other appropriate waste disposal information, at the entrance and exit from the main pier(s).
6) The permittee shall maintain the authorized work in good condition and in conformance with the terms
and conditions of this permit. The permittee is not relieved of this requirement if he abandons the
permitted activity without having it transferred to a third party.
7) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent
reflectors shall be attached to the structures in order to make it more visible during hours of darkness or
inclement weather.
8) The authorized structures and associated activity shall not cause an unacceptable interference with
navigation, and shall not exceed the established pier head line.
9) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must
implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein.
The guidelines can be found at httl)7//www.fws.pov/ne-es/ivammal/manatee guidelines.ndf.
Shellfish
10) The waters adjacent to the permitted project are classified by the Marine Fisheries Commission as
"Closed". The construction and/or operation of the authorized facilities shall not directly result in an
expanded permanent closure of these waters. Any such expanded permanent closure directly attributable
to the authorized facility shall require that the permittee undertake remedial actions to remedy the
situation. Such actions may include, but are not limited to, a removal of any unauthorized slips or
mitigative measures to reduce or eliminate the cause(s) of the expanded closure.
Easement
11) Prior to construction of any new boat slips or other docking facilities under this permit, the permittee
shall apply for and receive a Submerged Land Easement from the Department of Administration's State
Property Office as required under N.C.G.S. 146-12(e).
General
12) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
13) No excavation or filling of any open water area or vegetated wetlands is authorized by this permit.

Begue Shores Condos
Permit No. 91-16
Page 3 of
ADDITIONAL CONDITIONS
14) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the
written approval of the Division of Coastal Management.
15) This permit does not authorize the interference with any existing or proposed Federal project, and the
permittee shall not be entitled to compensation for damage to the authorized structure or work or injury
which may be caused from existing or future operations undertaken by the United States in the public
interest.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project and assigned SAW 2014-
02050.
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 3900 and assigned the project DWR Project No. 19930924 V2.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non -water
dependent activities are not authorized within 30 feet of the normal high water level.
NOTE: An application processing fee of $400 was received by DCM for this project.

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Bogue Shore Condos slip addition and docking facility re-
configuration
2. LOCATION OF PROJECT SITE: 1918 West Fort Macon Road, Atlantic Beach,
Carteret County
Photo Index - 2000: 40-510 O&P (17)
2006: 40-8085 O (17&18)
State Plane Coordinates - X: 2670762.7 Y: 353285.7
LAT 34°41'59.95 LON 76°46'05.39
INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 6/29/16
Was Applicant Present —No
5. PROCESSING PROCEDURE: Pre -Application Received — 5/16/16
Application Complete- 6/20/16
Office — Morehead City
6. SITE DESCRIPTION:
(A) Local Land Use Plan — Atlantic Beach
Land Classification from LUP — Multifamily/Conservation
(B) AEC(s) Involved: Public Trust Area, Estuarine Water RECEIVED
(C) Water Dependent: Yes
(D) Intended Use: Private/Community AUG 0 3 2016
(E) Wastewater Treatment: Existing — N/A
Planned — none DCM- MHD CITY
(F) Type of Structures: Existing — N/A
Planned — existing docking facility re -configuration
(floating pier, platform and finger piers) and addition of 6
new slips
(G) Estimated Annual Rate of Erosion: N/A
Source — N/A
HABITAT DESCRIPTION:
(D) Total Area Disturbed: 6,600ft2
(E) Primary Nursery Area: No
(F) Water Classification: SA/HQW Open: No
8. PROJECT SUMMARY: The applicant is proposing to re -configure the existing 10-slip
docking facility with the removal of a section of the existing pier, the relocation and
addition of floating finger piers (no tie pilings proposed), platform and access pier. They
are also proposing the addition of 6 new slip areas for a total of 16.

Field Investigation
Bogue Shore Condos
Page 02
9. Narrative Description:
The Bogue Shore Condo project is located at 1918 West Fort Macon Road in Atlantic
Beach, Carteret County. The project area can be found by following HWY 70 east
(Arendell St) within the Town of Morehead City limit to the Atlantic Beach bridge turnoff.
Continue along the bridge until the road connects with East and West Fort Macon Road at
a 4-way stoplight. Turn right and follow the road for approximately 1.78 miles (9,360').
The entrance to Bogue Shore Condos will be located on the right and along the east side of
the existing building. The subject area serves surrounding multi -family residences as well
as surrounding businesses.
The Division of Water Resources classifies this area as SA/HQW waters. Hoop Pole Creek
is not a designated Primary Nursery Area and is closed to the taking of shellfish. The
Atlantic Beach Land Use Plan certified in 2003 classifies this area as multifamily with
conservation within the AEC. No shellfish resources or submerged aquatic vegetation were
observed within the project area. There are multi -family homes to the east and the west of
the project location.
10. Project Description:
Bogue Shore Condos is proposing to re -configure their existing 10-slip docking facility
and install six new slip areas (total of 16 slips). The existing water depths within this area
is -4'nlw with the connecting water depths at -6'NLW or greater.
The applicant is proposing to remove the existing southwest fixed dock and relocate with
new floating pier, platforms and fingers to the north. All portions of the docking facility
re -configuration would not exceed the existing pier head length, would remain landward of
the traditional navigation route within this area and would remain within the existing
footprint in order to avoid additional closures within this area of Hoop Pole Creek.
The applicant proposes to place a floating 8' x 100' access pier (platform) on the west
side, perpendicular of the existing floating platform that extends from the "boat ramp" area
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fixed pier. This location would be 65' center to center and north of the existing fixed dock.
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There would be an 8' x 48' floating t-head platform at the terminus of the floating access
W co U
pier. There would also be a total of six 4' x 20' floating finger piers that would help
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designate the 16 slip areas. There are currently 10 existing slips at this location. The
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applicant is proposing 6 additional slips for a total of 16. The Typical boat using this
V 2
docking facility would be a max of 23' and of open runabout design. There are no tie
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pilings or any other development proposed along this property.
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11.
Anticipated Impacts:
The platform, pier and finger pier placement would incorporate and shade 6,600 ft2 of
open water area. The placement of the new floating components would result in minor
impacts due to turbidity; impacts would not expect to be significant due to water depths
within the area(-4'nlw). There should be no undue interference to navigation from the

J FYeld Investigation
Bogue Shore Condos
Page 03
proposed development due to the fact that all proposed work would not exceed a
maximum distance of 155' from the existing bulkhead (nhw) in a water body with a width
of approximately 665'. All proposed development would also be located a minimum of 15'
from riparian access lines and would not extend beyond the existing docking facility
footprint in order to avoid additional shellfish closure within this area of Hoop Pole Creek.
There will be no impact to SAV or shellfish.
HEATHER STYRON Morehead City July 11, 2016
RECEIVED
AUG 0 3 2016
DCM- MHD CITY

OCM MP-1
APPLICATION for
Mayor Development Permit
(last revised 12127/06)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. PrimaryAppllcant/Landowner Information
Business Name
Ba UE S o 4 Es j O Po-5-
- Project Name (if applicable)
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Applicant 1: First Na a
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Last Name
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Applicant 2: First Name
MI
Last Name
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If additional applicant , please attach an additional page(s)&dth names listed.
Mailing Address
.dos 0 ,r? cr � sTE ox
PO Box
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State
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ZIP
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Country
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Phone No.
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FAX No.
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Street Address (if different trom above)
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Slate
ZIP
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All -
Email
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2. Agent/GontractorInformation
Business Name
IN
Agent/ Contractor is First Name
MI
Last Name
Agent/ Contractor 2: First Name
MI
Last Name
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Mailing Address
PO Bo
City
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ZIP
Phone No. 1
Phone No. 2
2 s
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FAX No. -
Contractor If
Street Address (if different -from above) -
City
State
ZIP
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Email
350a A*LWA 901nues on back> RECEIVED
A4r 3 o0,-y' .. em- W'D CITY JUN 2 0 2616
DCM- MHD CITY

Form DCM MP-1 (Page 2 of 4)
APPLICATION for
Major Development Permit
3. Project Location
County. (can be multiple)
CAA7'FA T
Street Address
11418 y✓ U T MA1,041
State Rd. #
_
Subdivision Name 1 f L, _
Si7®ir �G1T�S�(.
City // A /� �^
/V r 1S� 54+/075/
State
Zip
Phone No.
Lot N .(s) (if many, attach additional page with list)
252 - W - 7071 ext. N ;4-
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a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
0 O[E C FEK
c. Is the water body identified in (b) above, natural or manmade?
d. Name the closest major water body to the proposed project site.
Watural ❑Manmade ❑Unknown
/` r 1 a
UAJob
e. Is proposed work within city limits or planning jurisdiction?
I. If applicable, list the planning jurisdiction or city limit the proposed
LKes . ❑No -
falls within.
Qwoork
/I/ /UvTICi AhG c,
4. Site Description
a. Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.tt.)
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.s9s
c. Size of indiviccc)ual lot(s)
d. Approximate. elevation of tract above NHW (normal high water) or
- AY
NWL(normal water level) -
r
(If many lot I!, please attach, additional page with. a list)
,Cl WNHW or ❑NW L
e. Vegetation on tract
LAND 4' GrASS) sAVkL:: 4-ve:�c,
SPORGL(jlIE7 Cov,a(�r t 5S
I. Man-made features and uses now on tract
7gg,rf X 04-3 CaA100 P6016ofi-rPOCKI. BOAT RAMP
1
g. Identify and describe the existing land uses'adiacent to the proposed project site.
y Far P[ ANT QOgT S7CIRAGt�
,4" 000< VWWST IV C 0 FT PR PERtFR
if D C RY CO 0S D C 4 f% 1"/OE OG O 72
h. How does local government zone the tract?
I. Is the proposed project consistent with the applicable zoning?
(Attach zoning compliance certificate. If applicable)
GSG CO
M,Yes ❑No ❑NA
j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes jgNo
k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA
If yes, by whom?
I. Is the proposed project located In a National Registered Historic District or does it Involve a ❑Yes NNo []NA
National Register listed or eligible property?
<Form continues on nexWECVED RECEIVED
AUG 0 3 201G JUN 2 0 2016
DC�- r�;{� CIT'ftiCM- MHD CITY

.Form DCM MP-1 (Page 3 of 4)
APPLICATION for
Major Development PgrrQl:
m. (i) Are there wetlands on the site? Oyes ZNo
r p �
(it) Are there coastal wetlands on the site? % C d rAy y"t SS 'S'V' y �J� t:,) _ j&Yes ❑No
(Ili) If yes to either (1) or (ii) above, has a delineation beenconducted? ❑Yes �gNo nip N e, kA/OW
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
.se1fr16 v 19AMAI ref 9V
o. Describe existing drinking water supply source.
T
P. Describe existin storm water management or treatme t a atems.
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5. Activities and Impacts
a. Will the project be for commercial, public, or private use? ❑Commercial ❑PubliclGovernment
$9POvatelCommunity
b. Give a brief description of purpose, use, and daily operations of the project when complete.
PkoV, xc 4Dnr7-101Q -L aocK sP/4c-f
c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type
of equipment and where it is to be stored.
7617-4L.L Comm &(-1+L FLoA-r(N& DOCK) ar- K 4C)LE
TyptCoi+L PawLk'.s,-14AND TbOLS 70 AS;5EMaLAIF DUCK Si�--CRC
d. List all development activities you propos .
jfF4OXE EXISTIA %© F/X-D Oo4K ND 1feF"6E wlT}�
/ff FL oft Tl 'C C
a. Are the proposed activities maintenance of an existing project, new work, or both?
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I. What Is the approximate total disturbed lapd area resulting from the propos project? ❑Sq.Ft o ❑A res
f/` dtack vv� ri'
g. Will the proposed project encroach on akpublic easement, public accessway or her area []Yes ®No ONA
that the public has established use of?
h. Describe location and type of existing and proposed discharges to waters of the state.
j/ , -1
-F7t.G.� 1f'UNc� Y• J
I. Will. wastewater or stormwater be discharged into a wetland? ❑Yes No ❑NA
If yes, will this discharged water be of the same salinity as the receiving water? []Yes. [:]No P ( A
j. Is there any mitigation proposed? ❑Yes CgNo ❑NA
If ylWV ' t' ro osal.
r V V
AUG 0 3 2016 <Form continues on back> RECEIVED
�J5
DCM- MH® CITY

Fdtm DCM MP-1 (Page 4 of 4)
f -
APPLICATION for
Major Development Permit
6. Additional Information
In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application
package to be complete. Items (a) - (0 are always applicable to any major development application. Please consult the application
instruction booklet on how to properly prepare the required items below.
a. A project narrative.
b. An accurate, dated work plat (including plan view and cross sectional drawings) drawn to scale. Please give the present status of the
proposed project. Is any portion already complete? If previously authodzed work, clearly indicate on maps, plats, drawings to distinguish
between work completed and proposed.
c. A site or location map that Is sufficiently detailed to guide agency personnel unfamiliar with the area to the site.
d. A copy of the deed (with state application only) or other instrument under which the applicant claims fitle to the affected properties.
e.. The appropriate application fee. Check or money order made payable to DENR.
I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such
owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days In
which to submit comments on the proposed project to the Division of Coastal Management.
Name PONfSGA zf Phone No..2 o2 7- 170
Address POO Big Ors, AMIRW IS1167AC,z8f
Name uao f& L O trjr,1,I O C'pr} Phone No.
Address /�QA ARE,�o,�X,c f / / l Ql�h` G4 G� ,vc 2 ass?
Name - - Phone No.
Address
'g. A list of previous stale or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates.
EMI f /S9 ®tea FX idsiON AeT I-E7W Wif A 1211OS
h. Signed consultanhor agent authorization form, if applicable.
N
f. Wetland delineation, if necessary.
VIA-
1. A signed AEC hazard notice for projects in odbanfront and inlet areas. (Must be signed by property owner)
N.C. Environmental Policy Act (N.C.G.S. 1 I , 1.10), if necessary. If the project involves expenditure
k. A statement of compliance with the
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act.
OF
i Certification and Permission to Enter on Land I
I understand that any permit issued in response to this application will allow only the development described In the application.
The project will be subject to the conditions and restrictions contained in the permit.
I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to
enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up
monitoring of the project.
I further certify that�he information provided in this application is truthful to
the best of my knowledge.
Date f)/%�!/ Print Name �r / 2
Signature RECEIVED
AUG 0 3 2016
Please indicate application attachments pertaining to your proposed project.
❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts DCM- M H D CITY
❑DCM MP-3 Upland Development
)BDCM MP-4 Structures Information
RECEIVED
JUN 2 0 2016
MHD CITY

Form DCM MPA
STRUCTURES
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-t. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
a. (i) Is the docking facility/marina:
b. (i) Will the facility be open to the general public?
❑Commercial ❑PublldGovernment ffiPrivate/Communfty
❑Yes HNo
c. (i) Dock(s) and/or piers)
d. (i) Are Finger Piers included? jKYes ❑No
(ii) Number
If yes:
(Ili) Length 'F'J`r
(ii) Number 6
(iv) Width � -i "'
(ii) Length 26),
(v) Floating ®Yes ONO ,i fJ� 4X�(� %
(iv) Width ill
\.- •/
(v) Floating ®Yes ❑No '
e. (i) Are Platforms included? ❑Yes $No
f. (i) Are Boatlifts included? []Yes ®No
If yes:
If yes:
(il) Number
(ii) Number
(ill) Length
(iii) Length
(iv) Width
(iv) Width .
(v) Floating XYes ❑No
Note: Roofed areas are calculated from ddpline dimensions.
g. (i) qumber of slips proposed
Fp� A Ter A rp -)-16
h. Check all the types of services to be provided.
,.
❑ Full service, Including travel lift and/or rail, repair or
(ii) Number of slips existing
maintenance service
/ Q
❑ Dockage, fuel, and marine supplies
-
�!
® Dockage Net slips") only, number of slips: 14
❑ Dry storage; number of boats:
Q Boat ramp(s); number of boat ramps:
❑ Other, please describe:
I. Check the proposed type of siting:
❑ land out and access channel
❑Open water, dredging for basin and/or channel
j$JOpen water; no dredging required
❑Other; please describe:
k Typical boat length: —2.`j
M. (i) Will the facility have tie pilings?
❑Yes 09No
(ii) If yes number of be pilings?
RECEIVED
J. Describe the typical boats to be served (e.g., open runabout,
charter boats, sail boats, mixed types).
_W" it UNA,0047-
I. (1) Will the facility be open to the general public?
❑Yes 9No
RECEIVED
JUN 2 0 2016
282-8O8"2808 :; 1-US4RCpAST ;: www.nccoastatmanafaenaenLnet
DCM- MHD CITY
In

2. DOCKING FACILITY/MARINAOPERATIONS ❑ This ;section not 'applicable.
a. Check each of the following sanitary facilities that will be included in the proposed project.
❑ Office Toilets
❑ Toilets for patrons; Number: _; Location: N©N�
❑ Showers
❑ Boatholding tank pumpout; Give type and location:--
b. Describe treatment type and disposal location for all sanitary wastewater.
c. Describe the disposal of solid waste, fish offal and trash.
d. How will overboard discharge of sewage from boats be controlled?
a.. (1) Give the location and number of 'No Sewage Discharge" signs proposed.
(if) Give the location and number of "Pumpout Available" signs proposed.
I. Describe the special design, if applicable, for containing Industrial type pollutants, such as paint, sandblasting waste and petroleum products.
g. Where will residue from vessel maintenance be disposed of?
Np (oo.:�" MA1rJJe_ .V1VC4 1>!v.X14AUG 032016
h. Give the number of channel markers and "No Wake" signs proposed..&QrJ2- DC M- M H D CITY
I. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality.
j. What will be the marina policy on overnight and live -aboard dockage?
mm
k. Describe design measures that promote boat basin flushing?
I. if this project is an expansion of an existing marina, what types of services are currently provided? RECEIVED
/E D
Nn CGVt/1MDS AVr9Vr "-b
REis
JUN 2 0 2016
DCM- MHD CITY
252-806.2808 :.- 1.886ARRCOAST :- w vvw.aeccoastalmanagernent.net revised- 12127f06

m. Is the marin docking facility proposed within a primary or secondary nursery area?
❑Yes ' No
n. (s Pe marina/docking facility proposed within or adjacent to any shellfish harvesting area? '
Yes []No
a
P.
Is the marinaldocking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom
(SS), or other wetlands (WL)? If any boxes are checked, provide the nu"�b,r of square feet affected. t 1
�%w _ ❑snv ❑s3 IGxiSfifN I•n�?YdpP�.j{Idx�ft cEoo,�
❑None � _ 0 -Y4INQ� COS o I r�r � �i.4j
Is the proposed marinaldocking facility located within or within cl proximity to any shellfish I✓eases? ❑Yes ❑No
If yes, give the name and address of the leaseholder(s), and give the proximity to the lease.
a. (i) Is the boathouse structure(s):
❑Commercial ❑Public/Govemment ❑ Private/Comm unity
(ii) Number
(111) Length
(Iv) Width
Note: Roofed areas are calculated from dripline dimensions.
d heetp e � o gr !l9 2 caV�n dflf } - his sept on n%ppficab e
a. (1) Number _
(il) Length
(ill) Width
a. Length
C. Maximum distance beyond NHW, NWL or wetlands
a. is me siructure(s):
❑Commercial ❑Public/Govemment ❑Private/Community
c• Distance to be placed beyond shoreline
Note: This should be measured from marsh edge, if present.
a. Arcoftheswing _ RECEIVED
AUG 0 3 2016
b. Average distance from NHW, NWL, or wetlands
b. Number
d. Description of buoy (color, Inscription, size, anchor, etc.)
RECEIVED
JUN 2 0 2016
DCM- MHD CITY DGM 252 808-2806 :e 1-888.4RCOASi reryi9od 12f27106

i Me, 'V :' 'jlp 7;
a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities.
;2 16 6
Note: For buoy or mooring piling, use arc of swing Including length
of vessel.
c. Width of waLerbody
--kjrf 5;-+"
a. (I) Will navigational aids be required as a result of the project?
OYes; t4lNlo ONA
(!I) If yes, explain what type and how they will be implemented.
d. Water depth at waterward end of structure at NLW or NWL
LLA I
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AUG 03 2016
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RECEIVED
JUN 2 0 2016
DCM- MHD CITY
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RECEIVED
AUG 0 3 2016
DCM- MHD CITY
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JUN 2 0 2016
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DCM- MHD CITY

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AUG 03 2016 4
DCM- M.HD CITY
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DCM- MHD CITY
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JUN 2 0 2016
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AUG 0 3 2016
DCM- MHD CITY
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
September 14, 2016
Regulatory Division
Action ID No. SAW-2014-02050 and State Permit No. 91-16
Mr. Herbert E. Hite
Bogue Shore Condos
305 Commerce Avenue, Suite 102
Morehead City, North Carolina 28557
Dear Mr. Hite:
RECEIVED
SEP 19 2016
DCM- MHD CITY
Reference your application for a Department of the Army permit to redevelop/realign an
existing 10-slip docking facility into a 16-slip facility along Hoop Pole Creek, at 1918 West Fort
Macon Road, in Atlantic Beach, Carteret County, North Carolina.
Your proposal has been reviewed and found to be consistent with the provisions and
objectives of the CAMA-Corps Programmatic Permit process (copy attached) for construction
activities that receive authorization from the State of North Carolina. Therefore, you may
commence construction activity in strict accordance with applicable State authorization, attached
Federal special conditions, and the approved plan. Failure to comply with the State authorization
or conditions of the Federal permit could result in civil and/or administrative penalties.
If any change in your work is required because of unforeseen or altered conditions or for
any other reason, plans revised to show the change must be sent promptly to this office and the
North Carolina Division of Coastal Management prior to performing any such change or
alteration. Such action is necessary as revised plans must be reviewed and the authorization
modified. Your Department of the Army permit will expire on December 31, 2016.
Questions or comments may be addressed to Ms. Liz Hair, Wilmington Field Office,
Regulatory Branch, telephone [phone].
Sincerely,
Aokt�
Liz Hair
Regulatory Project Manager

_2_
'!
Enclosures:
Special Conditions
LAMA permit
GP 291 conditions
Manatee Guidelines
Project Plans
Copies Furnished (with enclosures):
Mr. Herbert E. Hite
1241 Marbank Street
Wake Forest, North Carolina 27587
Copies Furnished (without enclosures):
Dr. Pace Wilber
National Marine Fisheries Service
Habitat Conservation Division
219 Fort Johnson Road
Charleston, South Carolina 29412-9110
Mr. Doug Huggett
Morehead City Regional Office
North Carolina Division of Coastal Management
�®
400 Commerce Avenue
Ery
REC
Morehead City, North Carolina 28557-3421
19 20�6
SEP
Ms. Debra Wilson
Division of Coastal Management
M►-1D CITE(
North Carolina Department of
CM_
Environmental Quality
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Ms. Karen Higgins
Division of Water Resources
North Carolina Department ofd
Environmental Quality r
1650 Mail Service Center 6
Raleigh, North Carolina 27699-1650
MvAj) CIY
T

i
-3-
Mr. Chad Coburn
Division of Water Resources
North Carolina Department of
Environmental Quality
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
BOSN3 Mr. Scott McAloon
United States Coast Guard
Sector North Carolina Waterways Management
2301 E. Fort Macon Road
Atlantic Beach, North Carolina 28512
Mr. Robb Mairs
Division of Coastal Management
North Carolina Department of
Environmental Quality
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Electronic copies furnished:
U.S. NMFS; Dr. Ken Riley
U.S. EPA; Mr. Todd Bowers
N.C. DEQ-DWR; Mr. Chad Coburn
U.S. FWS; Ms. Kathy Matthews
N.C. DEQ-DWQ; Ms. Heather Coats
RECENED
SEP 19 Z016
DCM- MHp CITY

Special Conditions
SAW-2014-02050
1. All work authorized by this permit must be performed in strict compliance with the
submitted plans received on 15 July 2016, which are a part of this permit.
2. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the
applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines (copy
enclosed), and strictly adhere to all requirements therein.

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
68 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 284034343
September 14, 2016
Regulatory Division
Action ID No. SAW-2014-02050 and State Permit No. 91-16
Mr. Herbert E. Hite
Bogue Shore Condos
305 Commerce Avenue, Suite 102
Morehead City, North Carolina 28557
Dear Mr. Hite:
Reference your application for a Department of the Army permit to redevelop/realign an
existing 10-slip docking facility into a 16-slip facility along Hoop Pole Creek, at 1918 West Fort
Macon Road, in Atlantic Beach, Carteret County, North Carolina.
Your proposal has been reviewed and found to be consistent with the provisions and
objectives of the CAMA-Corps Programmatic Permit process (copy attached) for construction
activities that receive authorization from the State of North Carolina. Therefore, you may
commence construction activity in strict accordance with applicable State authorization, attached
Federal special conditions, and the approved plan. Failure to comply with the State authorization
or conditions of the Federal permit could result in civil and/or administrative penalties.
If any change in your work is required because of unforeseen or altered conditions or for
any other reason, plans revised to show the change must be sent promptly to this office and the
North Carolina Division of Coastal Management prior to performing any such change or
alteration. Such action is necessary as revised plans must be reviewed and the authorization
modified. Your Department of the Army permit will expire on December 31, 2016.
Questions or comments may be addressed to Ms. Liz Hair, Wilmington Field Office,
Regulatory Branch, telephone [phone].
Sincerely,
Aou�
Liz Hair
Regulatory Project Manager

-2-
Enclosures:
Special Conditions
CAMA permit
GP 291 conditions
Manatee Guidelines
Project Plans
Copies Furnished (with enclosures):
Mr. Herbert E. Hite
1241 Marbank Street
Wake Forest, North Carolina 27587
Copies Furnished (without enclosures):
Dr. Pace Wilber
National Marine Fisheries Service
Habitat Conservation Division
219 Fort Johnson Road
Charleston, South Carolina 29412-9110
Mr. Doug Huggett
Morehead City Regional Office
North Carolina Division of Coastal Management
400 Commerce Avenue
Morehead City, North Carolina 28557-3421
Ms. Debra Wilson
Division of Coastal Management
North Carolina Department of
Environmental Quality
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Ms. Karen Higgins
Division of Water Resources
North Carolina Department of
Environmental Quality
1650 Mail Service Center
Raleigh, North Carolina 27699-1650

a
-3-
Mr. Chad Coburn
Division of Water Resources
North Carolina Department of
Environmental Quality
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
BOSN3 Mr. Scott McAloon
United States Coast Guard
Sector North Carolina Waterways Management
2301 E. Fort Macon Road
Atlantic Beach, North Carolina 28512
Mr. Robb Mairs
Division of Coastal Management
North Carolina Department of
Environmental Quality
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Electronic copies furnished:
U.S. NMFS; Dr. Ken Riley
U.S. EPA; Mr. Todd Bowers
N.C. DEQ-DWR; Mr. Chad Coburn
U.S. FWS; Ms. Kathy Matthews
N.C. DEQ-DWQ; Ms. Heather Coats

E
Special Conditions
SAW-2014-02050
1. All work authorized by this permit must be performed in strict compliance with the
submitted plans received on 15 July 2016, which are a part of this permit.
2. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the
applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines (copy
enclosed), and strictly adhere to all requirements therein.

Coastal Management
ENVIRONMENTAL QUALITY
August 23, 2016
Bogue Shores Condos
305 Commercial Ave., Ste 102
Morehead City, N.C. 28557
Dear Sir or Madam:
PAT MCCRORY
Goccrrmr
DONALD R. VAN DER VAART
Secretary
BRAXTON DAVIS
ni.e�,ar
The enclosed permit constitutes authorization under the Coastal Area Management Act, and where
applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -
colored form) is retained by you and it must be available on site when the project is inspected for compliance.
Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing
the permit and proceeding means you have waived your right of appeal described below.
If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS
113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B
with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-
2698 within twenty (20) days of this decision on your permit. You should also be aware that another qualified
party may submit an objection to the issuance of this permit within twenty (20) days.
The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must
be carried out in accordance with your application. Modifications, time extensions, and future maintenance
requires additional approval. Please read your permit carefully prior to starting work and review all project
plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that
he fully understands all permit requirements.
From time to time, Department personnel will visit the project site. To facilitate this review, we
request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if
questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact
Department personnel at any time for assistance. By working in accordance with the permit, you will be
helping to protect our vitally important coastal resources.
Enclosure
Sincerely,
�
Douglas V. Hugge�
Major Permits Manager
N.C. Division of Coastal Management
State of North Carolina I Environmental Quality I Coastal Management
400 Commerce Avenue I Morehead City, NC 28557
252-808-2808 T

STATE OF NORTH CAROLINA
".6 1,1. � _..1 A -
DECLARATION OP UNIT OWNERSHIP AND
COVENANTS, CONDITIONS AND RESTRICTIONS
OPISOG/E SHORES CONDONINIUM
THIS DECLARATION OF UNIT OWNERSHIP, made this the day of
1981, by DR. MORASS L. CHERRY and wife, MARY LACY CHERRY
and CHARISMA, INC., a corporation organized and existing under the laws of
the State of North Carolina, with its principal place of business in
Wilmington, North Carolina, hereinafter called "Declarant";
W I T N E S S E T H:
THAT WHEREAS, DR. MORRIS L. CHERRY and wife, MARY LUCY CHERRY are
the record owners of the hereinbelow described property, and
WHEREAS, the said DR. MORRIS L. CHERRY and wife, MARY LUCY CHERRY
have entered into a contract to sell the hereinbelow described property to
CHARISMA, INC., but said sale has not been consummated; and
WHEREAS, CHARISMA, INC. requested the said DR. MORRIS L. CHERRY
and wife, MARY LUCY CHERRY to join in the execution of this Declaration for
the purpose of assenting thereto and for the further purpose of allowing
this Declaration to be recorded in the public records of Carteret County,
North Carolina, prior to the Consummation of said sale and the said DR.
MORRIS L. CHERRY and wife, MARY LUCY CHERRY have agreed so to do; and
WHEREAS, the property which is the subject of this declaration is
located in Carteret County, North Carolina, and more particularly described
as follows:
IN MOREHEAD TOWNSHIP: BEGINNING at a right of way
monument in the northern line of North Carolina
Highway 58 (Salter Path Road), the same being in
the eastern line of the Willis Smith Estate property,
as shown on a map shown and designated as "Plot Plan
for Landmark Motel, Property of Seashore Properties,
Inc., Hogue Banks, Carteret County, Borth Carolina,"
which said map i9 recorded in Nap Book 11 at Page 40
of the Carteret County Registry. Running thence From
RECEIVE il
said right of way monument, with and along the northern
line of Worth Carolina Highway 58 (Salter Path Road),
North 86 degrees 01 minutes Bast 102.36 feet to a point;
AUG 3 2016
thence North 85 degrees 23 minutes East 379.96 feet to a
point; thence leaving said highway, North 1 degree 55
minutes 18 seconds West 44.13 feet to a point; thence
North 4 degrees 07 minutes 26 seconds west 357.23 feet
D C M - M H D CITY
to the high water mark of Hoop Role Creek; thence with
the high water mark of Hoop Hole Creek, North 75 degrees
24 minutes 16 seconds West 152.58 feet to a point; thence
South 32 degrees 52 minutes 50 seconds West 96.79 feet to
a point; thence South 74 degrees 04 minutes 32 seconds
West 52.41 feet to a point; thence South 80 degrees 02
�;m �N
L P N E
minutes 19 seconds West 83.99 feet to a point; thence
SUN 2 0 2016
ROUNLmaL RYAL]. JACKSON. SEAGLE R CAMR
DDA- �4Hn CIT

North 68 degrees 37 minutes 04 seconds West 92.87 feet to
a point in the eastern line of the Willis Smith estate
property: thence with said eastern line, South 4 degrees
50 minutes West 401.65 feet to the point of beginning,
containing 4.10 acres.
WHEREAS, there is now located on the aforesaid property certain
improvements, the same being more fully described hereinafter, and which
real property and improvements thereon the Declarant desires to convert to
Unit Ownership, to he named "Bogus Shores Condominium';
NOW, THEREFORE, Declarant declares its intention, by the filing
Of this Declaration, to submit, and does hereby submit, the above -described
real property and improvements thereon to the provisions of the North
Carolina Unit Ownership Act; being Chapter 47A of the North Carolina
General Statutes, as a condominium project; and further desires to impose
Upon the said property a general plan of mutually beneficial covenants,
conditions and restrictions for the benefit of all of the owners of
condominium units therein;
NOW, THEREFORE, Declarant does further publish and declare that
all of the property described herein is held and shall be held, conveyed,
hypothecated, encumbered, leased, rented, used, occupied, and improved
subject to the following covenants, conditions, restrictions, uses,
limitations and obligations, all of which are declared and agreed to be in
furtherance of a plan for the conversion of said property into
condominiums, and shall be deemed to run with the land and shall be a
burden and a benefit to Declarant, its successors and assigns and any
person acquiring or owning an interest in the real property and
improvements, their grantees, successors, heirs, executors, administrators,
devisees and assigns.
1. Definitions. Certain terms in this Declaration and is the
By-laws appended hereto shall be defined as follows, unless the content
clearly indicates a different meaning therefor:
a. "Declarant" shall mean Charisma. Inc.
b. "Project" shall mean the total of the real property
incorporated herein, together with all structures and other improvements
thereon.
2
ROUNTREE. RTALS. JACKSON, SEAGLE & CARTER
rREC'EIVE[7
JUN 2 0 2016
CIT

c. "Association" shall mean the Bogus Shores Homeowners'
Association, Inc. as the same is created by this Declaration and the
appended By-laws, being a non-profit corporation formed under the authority
of Chapters 47A and 55A of the North Carolina General Statutes.
d. "Unit" shall mean that enclosed space within each
dwelling entity or apartment as shown on the architect's drawings filed
concurrently with this Declaration, and being further defined as lying
between the following boundaries: the interior surfaces of its perimeter
walls: its floor substrate under carpeting, vinyl covering, or other
decorative floor covering: the interior surface of its ceiling, and its
doors and door frames: but excluding therefrom all of those wires, ducts,
pipes, and other utility installations which lie within the enclosed space
defined herein but which are for the common use of one or more other units
in the project, provided, however, that heating and air-conditioning
equipment for each unit, window glass in exterior windows, and exterior
doors are included within said unit.
e. "Act" shall mean The Unit ownership Act as set forth in
Chapter 47A, General statutes of North Carolina.
2. Description of Buildings and Unit Designations. The
building with its east and west wings, and a center section which
constitutes Bogus shores Condominium is of concrete block and brick
construction with concrete foundation, floors and accessways. The building
is two stories in height with 149 total units, 140 of which are now
constructed, with 42 units in the East wing, 51 units in the West Wing, and
56 units in the center section. Unit designations, as well as structural
details and locations of units, are set out in those drawings of Samuel C.
Bodges, Jr., A.I.A., Registered Architect, the same being recorded herewith
in Condominium Plat Book , Pages through , and which are
also described in Exhibit "C" hereto attached and incorporated herein RECEIVED
..fore nee. AUG 0 3 2016
Units of Rogue Shores Condominium are of two (2) sizes, the
larger unit containing approximately 488 square feet of enclosed spat@M_ M H D CITY
being designated herein as "Unit A", and the smaller units containing
approximately 282 square feet of enclosed space and being designated herein
as "B Units'.
3
ROUNTREE. RYAU. JACKEUN. SEAGCE d CARTER
JUN 2 0 2016
DCM- MHD CITY

The designation and types of units contained in. the building
of The Bogue Shores Condominium are as follows:
a. East Wing
1st Floor Units 101• - 120
2nd Floor Units 201 - 220, 201A and 202A
b. Center Section
1st Floor Units 121 - 149
2nd Floor Units 221 - 248
C. West Wing
1st Floor Units 149 - 170, 153A, 169A and 170A
2nd Floor Units 249 - 270, MA, 254A, 269A and 270A
` Unit 101 is an "A" Unit. All others are "B" units.
Units 153A, 169A, 170A, 201A, 202A, 253A, 254A, 269A and
270A have not yet been constructed. Nevertheless, the Declarant hereby
reserves to itself the exclusive right and option, but not the obligation,
to construct said units upon the following terms and conditions:
A. The construction of all or any of said units shall be
at the sole discretion of the Declarant without consultation with or
consent of any unit owner. Every unit owner in 80gue Shores Condominium,
by accepting a deed for a unit therein, shall be deemed to have agreed for
himself, his heirs, devisees, successors and assigns to such construction;
and
B. The right and option as described hereinabove shall
terminate on the 1st day of October, 1984, and
C. The Declarant covenants and agrees that any such
construction shall be of similar construction and of similar composition as
the existing structure so as to harmoniously blend in with the units as now
constructed; and
D. It is understood and declared that the undivided
fractional or percentage interest owned by each unit owner is as stated in
Article 3. hereof. However, it is understood and further declared that in
the event the Declarant, pursuant to S. of this Article, fails to Construct
all or any of the units proposed to be constructed pursuant hereto, within
the option time stated herein, the fractional or percentage interest owned
by each unit owner of units in Bogus Shores Condominium as presently
constructed, in the common areas and facilities shall necessarily have to
VGO 4 n
HDDNtarp, RYAIS, JArpsnN, SEAGip a fAr16p ., ` 01
3ED
10% _. ,......_ .. , , fin,,! r Q�
pG

change from that as established in Article 6. hereunder and shall be
expanded. It is further understood that the Act provides that the
fractional or percentage undivided interest of each unit owner in the
common areas and facilities as expressed in any Declaration shall have a
permanent character and shall not be altered except with the unanimous
consent of all unit owners expressed in an amended Declaration duly
recorded. Therefore, in the event the Declarant fails to construct all or
any of the proposed units as described herein, then every unit owner of
units in Bogus Shores Condominium as presently constructed, or any unit
hereafter constructed therein, by acceptance of the deed to his unit shall
be deemed to have specifically agreed for himself, his heirs, devisees,
successors and/or assigns that the Declarant shall have the exclusive right
and power as attorney -in -fact for every such unit owner, to establish the
undivided fractional or percentage interest of each such unit owner in the
common areas and facilities of Hogue Shores Condominium, and therefore, the
right and power to establish (a) the liability of each unit owner for
common expenses, not specifically assessed, (b) the interest of each unit
owner in any common surplus, and (c) the voting rights in the Association
of each such unit owner. it is hereby declared and agreed that the
Declarant shall establish said undivided interests without prior ---
consultation with or consent of any unit owner of any such unit in Bogue
Shores Condominium as presently constructed or any unit hereafter
constructed therein and that, the Declarant covenants and agrees to
establish such undivided fractional or percentage interests for all units
at such times as may be necessary pursuant to this Article in the
proportions that the then fair market value of each unit, new and existing,
as shall be determined solely by the Declarant, bears to the then aggregate
fair market value of all such units.
E. Nothing herein shall be deemed to limit or alter the
Declarant's right, hereby reserved, to vary the internal layout, size, and
configurations of any units hereafter constructed so long as the DecleraIRE C E IV E D
substantially conforms with the provisions of this Article.
3. Description of Common Area. AUG 0 3 2016
a. The general common area of Rogue shores CondominisD C M - M H D CITY
shall consist of all land therein together with all improvements thereon or
appurtenant thereto with the exception of that space and improvements
S iCMVED
RouNiRlr, RVALS. JACKSON. SEAOLE & CAATEs
JUN 2 0 Z016
DCM- MHD CITY

- RECEIVED
AUG 0 3 2016
DCM- MHD CITY
therein comprising each unit as defined in paragraph l.d. above. without
limiting the generality thereof, the common area includes that building
shown on the Architect's drawings as "Office and Manager's Apartment", as
well as a swimming pool, pump and tank house, storage rooms, utilities
areas, grassed areas, and paved parking areas. Bogus Shores Condominium
contains no limited common areas. Bogus Shores Condominium may, acting
through the Board of Directors of the Association, lease all or any portion
of said office and manager's apartment to any person, firm, or corporation;
but provided, however, that the said Board shall enter into such a lease
only upon the affirmative vote of two-thirds of all of the units of Bogus
Shores Condominium in accordance with the By-laws of the Association.
4, Percentage of Unit Ownership. The fractional interest in
the common area of Bogue Shores Condominium which is attributable to each
individual unit is based on the relative fair market value of the units as
of the date hereof being as follows;
"A" Units - 1.16708% each
"a" Units - 0.66779% each
Paired units shall be treated as combinations of individual
units for purposes of determining the combined common area interest of an
owner of Such Combined units.
5. Use and Restrictions Thereon.
a. Each unit shall be used for single-family residential
purposes only, with the exception that the Declarant or its agent shall
have the right to maintain a sales office in one of the units of its choice
for the sole purpose of selling the remaining units in the project, such
right terminating upon the sale of the last unit by the Declarant.
b. No advertising signs, billboards, unsightly objects, or
nuisances shall be erected, placed or permitted to remain on the property;
but provided, however, this foregoing restriction shall not apply to the
activities of the Declarant or its agents during the period of the initial
sale of the units.
C. No business activities of any kind whatsoever shall be
conducted in any building or on any portion of the property, with the
exception of those activities as are described in 5.a_ above, and with the
further exception that the office and manager's apartment building or any
portion thereof may be used by the Association for any lawful purpose which
ROUNTmrr. RYA La. JACm5eN, SEAGLE & CARTER
RECEIVE[
JUN 2 0 2016

T
.benefits the members thereof, and may also be used for any such purpose by
a lessee as provided in paragraph 3, above; provided, however that the
south room of Unit 101 may be operated as a commercial snack bar but only
with the prior written approval of the Board of Directors. In the event
this is done it is understood that the snack bar operator has the
non-exclusive use of the restroom and storage area to the rear of the snack
Oar.
d. The property shall not be used in any way or for any
Purpose which may endanger the health of or unreasonably disturb the owner
of any unit or any resident thereof.
a. No animals, livestock or poultry of any kind shall be
raised, bred or kept on any part of the property, except that dogs, cats or
other usual household pets may be kept by the respective owners only, in
their respective units, provided that they are act kept, bred or maintained
for any commercial purpose and do not endanger the health of or, in the
sole discretion of the Board of Directors of the Association unreasonably
disturb the owner of any unit or any resident thereof, and provided,
further, that such pets shall not be allowed in the general common areas of
the condominium project unless on a leash or carried by the owner thereof.
f. The exterior of the units, including trim and hardware,
door units, and related exterior features, shall not be altered or
decorated by the individual unit owners in any manner without the prior
written consent of the Board of Directors of the Association and no radio
or television aerials or other projections may be installed or attached to
the exterior of any unit without such prior written consent, but provided,
however, that any owner of two adjoining units shall be permitted to make
Provision for a door interconnecting said units, subject to approval of
said Board of Directors with respect to preserving the structural integrity
of the building.
g. No garbage dispose-alls or any other equipment which
processes kitchen waste products into the waste -water disposal system, nor
automatic clothes washing machines, nor automatic dishwashers, may be
installed or used in any unit of Bogue Shores Condominium.
r h. No clotheslines or other exterior clothes drying
CJ{1. facilities shall be permitted in the common area.
RECEIVED RECEIVED
le RUwart, RTAts.JACaaeh,$gAylr CAmm
'wow.._ J
AUG 0 3 2016 UN 2 0 2016
DCM- MHD CITY DCM- MHD CITY

i. No trailer of any sort (excluding boat trailers), tent,
tent camper, motor home, nor any other similar vehicle shall be kept, nor
shall any temporary structures of any sort be placed, on the property at
any time, either temporarily or permanently.
j. All garbage and refuse from the individual units shall
be deposited with care in the receptacles provided for and intended for
such purpose.
k. No noxious or offensive activities shall be carried on
or upon any unit, nor shall anything be done therein tending to cause
`I\\ embarrassment, discomfort, annoyance or nuisance to other unit owners.
1. No refuse, rubbish, trash or waste of any sort shall be
thrown into the waters adjoining the condominium project, nor on any common
area of the Condominium.
' M. It shall be the responsibility of each unit owner, and
!kl(( the Board of Directors of the Association to prevent the development of any
unclean, unsightly or unkempt conditions of the common area, including the
tidal margin of the sound front.
n. Parking in the parking area of Bogus Shores Condominium
shall be subject to such rules and regulations a$ the Board of Directors of
the Association shall, from time to time, adopt. ---
All restrictions and affirmative obligations set forth in
this Declaration shall run with the land and shall be binding on all
members and persons claiming under them for a period of twenty (20) years
from the date of recordation of this Declaration, after which time said
restrictions and obligations will be automatically extended for a `
successive periods of tan (10) years, unless an instrument signed by a
majority of the then owners of units affected by such restrictions and LU cn U
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obligations has been recorded agreeing to change such restrictions and LU c'J
Uobligations in whole or in part,
In the event of a violation or breach of any of these WQ
restrictions, or of any other covenants of this Declaration, by any unit V
owner, or agent thereof, the owners of any other units or any of them,
jointly or severally, shall have the right to proceed at law or in equity
to compel compliance with the terms hereof or to prevent the violation or
breach in any event. In addition to the foregoing, the Board of Directors
of the Association shall have the right whenever there shall have been any
_._._,.._.._...&...e.� RECEIVED
RnDNraEEaa
. Ryau. 1wCn. srA(:ir i C+aru
JUN 2 0 2016
r
DCM- MHD CITY

violation of these restrictions, to enter upon the property where such
violation exists and summarily abate or remove the same at the expense of
the owner, if after fifteen (15) days written notice of such violation it
shall not have been corrected or removed by the owner. Any such entry and
abatement or removal shall not be deemed a trespass. The failure to
enforce any right, reservation or condition contained in this Declaration,
however long continued, shall not be deemed a waiver of the right to do so
bereafter, as to the same breach or as to a breach occurring prior or
subsequent thereto and shall not bar of affect its enforcement. The
invalidation by any court of any restrictions or obligations contained in
this Declaration shall in no way affect any of the other restrictions,
which shall remain in full force and effect.
All present and future owners, tenants and occupants of
units in the project shall be subject to, and shall comply with the
Provisions of this Declaration, By-laws and such rules and regulations as
may be adopted in accordance with the By-laws now in force or as may be
amended from time to time. The acceptance of a deed of conveyance, or the
entering into of a lease, or the entering into occupancy of any unit shall
constitute an agreement that the provisions of this Declaration, By-laws
and any rules. and regulations which may be adopted are accepted and
ratified by such owner, tenant or occupant and all of such provisions shall
be deemed and taken to be covenants running with the land and shall bind
any person having at any time any interest or estate in such unit as though
such provisions were made a part of each and every deed of conveyance or
lease.
6. Rules and Regulations. The Board of Directors of the
Association shall have the authority to implement and interpret the
foregoing restrictions and affirmative obligations by the enactment of
reasonable rules and regulations which shall be published and made
v{•{[,- v- available to all unit owners and their tenants and guests, and the said
Board of Directors shall have the authority to enforce such reasonable
1 \ rules and regulations by denial of the use of the common area and its
facilities to such violators until the same shall cease, and may further
levy fines for infractions in an amount not to exceed Twenty Five and
no/lo0 ($25.00) Dollars per each offense; and provided further that any
alleged violators shall have at least tan (10) days written notice and
9
AUG 0 3 2016
DCM- MHD CITY
RECEIVED
JUN 2 0 2016
DCM- MHD CITY

shall be afforded an opportunity to be heard by the Board of Directors in
the event that the alleged violator desires to contest the application of
these sanctions.
7- Person to Receive Service of Process. Samuel A. McConkey,
Jr. is hereby designated to receive Service of Process in any action which
MY be brought against, or in relation to, this condominium development,
the address of his place of business being 1005 Shepard Street, Morehead
City, North Carolina 28557-
8. Management. Management of the affairs of Bogus Shores
Condominium shall be the right and responsibility of the Association of
unit owners known as "Rogue Shores Homeowners' Association, Inc.",
hereinafter referred to as the "Association"; and said management duties
shall be carried out in accordance with the terms and conditions of this
Declaration and the terms and conditions set forth in the By-laws of Bogus
Shores Hrmeowners' Association, Inc., a copy of which is attached hereto
and made a part hereof; provided, however, that the Association shall not
be organized to take over the management rights and responsibilities until
-
such time as a total of 120 units have been sold by the developer and the
deeds thereto delivered to the purchasers thereof. Until such time, the
Declarant shall have the entire rights and responsibilities of managing the
-
condominium project.
9. Assessment. Each owner of any unit, by acceptance of the
deed thereto, whether or not it shall be so expressed in such deed, is
deemed to, and does thereby, covenant and agree to pay assessments in a 2ro
rats share equivalent to such "it's ownership interest in the common area
(said ownership interest being defined in paragraph 4, above) for the
common expenses of the upkeep, maintenance and improvement of the common
area and for expressly designated services provided to all unit owners in
the condominium project.
Until such time as the Association takes over the management
of the condominium project, at the time above specified,. the unit owners
shall pay monthly assessments for the services described hereinabove to the
C., U
Declarant, in amounts as follows: for Unit 101, $150.00 per quarter and for
u t�
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all other units, $75.00 each per quarter. Declarant shall use that sum for
w c Z
W O cy
the upkeep and maintenance of the common area, for the provision of common
Uco
services ordinarily to be provided by the As as set forth
WQ
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10
RUUNraEC Ry-u, JACMON,"SL GiE k CAMR RECEIVED
JUN 2 0 2016
DCM- MHD CITY

hereinafter in paragraph 11. and for the procurement of comprehensive
hazard, flood and liability insurance covering the units and common area.
. - During such interval, the Declarant shall supplement said assessment by
such amount as may be required to meet such expenses and provide such
services as are required under the provisions of this paragraph and
paragraph 10 below, but shall not be further obligated to pay assessments
for unsold units.
After the management rights and responsibilities have been
turned over to the Association by the Declarant at the time specified, the
Declarant shall surrender all remaining unexpended funds so collected by
him to the Association and shall make a full accounting to the Association
for all sums spent from the amounts collected by him and shall transfer to
the ownership of the Association all insurance policies then in effect on
the condominium units and common area. At this time, the Association shall
establish an annual budget and shall, if necessary, adjust the quarterly
assessments accordingly. The owner of each unit shall thereafter make all
future payments directly to the Association for all common expenses in the
proper pro rate percentage of the total common expenses as set forth
hereinafter in keeping with the General Statutes of North Carolina relating
to unit ownership. During the time interval after the Declarant has turned
over the management of the Condominium to the Association but before the
sale of the last unit by the Declarant, Declarant shall pay assessments to
the Association as follows:
a. For each unsold and unoccupied unit, a quarterly amount
equal to fifty (50%) percent of the then current regular quarterly
assessment.
h. For each unsold but occupied unit, the then current
regular quarterly assessment.
10. Purposes of Assessments. The assessments paid to the
Association shall be used exclusively to promote the recreation, health,
safety and welfare of the residents of 80gue Shores Condominium and, in
particular, for the acquisition, improvement and maintenance of properties,
services and facilities devoted to this purpose and relating to the
exterior maintenance of the buildings and units, excluding exterior glass
surfaces, and air conditioning unitsi and for the use and enjoyment of the
common area and facilities, including, but not limited to, the cost of
Rouatass. RVAU. JAcaaOM,S000 A CAetae RECEIVED
JUN 2 0 2016
DCMe MHp CITY
DCM- MHD CITY

water and sewer service; garbage collection, electricity Eor the common
area; repairs, replacements and additions to the common area and
facilities; the cost of labor, equipment and material expended on the
common area and facilities; management and supervision; the payment of
taxes assessed against the common area and facilities; the procurement and
maintenance of liability and hazard insurance coverage on the common area;
the employment of attorneys, accountants, and professional management
personnel when deemed necessary or advisable by the Association; and such
other needs as may arise.
11. Change in Assessments. At any time after the actual
assumption of management duties by the Association and the establishment of
the initial budget and assessment, it shall have the right, by a vote of
its Board of Directors, to change the method of payment of any assessment
and shall have the right to increase said assessments in any one year
without the approval of the membership in an mount act to exceed fifteen
1.ILV. percent of the assessment of the previous year. The assessment may
be increased without limit by a vote of'two-thirds'of the members of the
Association voting in person or by proxy at a regular annual meeting or at
a meeting duly called for this purpose.
12. S2�cial Assessments for Capital Improvements. In addition
to the assessments specified above, the Association may levy, in any
calendar year, a special assessment for the purpose of defraying in whole
or in part, the cost of any construction, reconstruction, repair or
replacement of capital improvements upon the common area, including
fixtures and personal property related thereto; provided that any such
assessment shall have the assent therefor voted by Cwo-thirds"of the
members of the Association who are voting in person or by proxy in a
regular meeting or in person or by proxy in a regular annual meeting or in
a meeting duly called for this purpose.
13. Date of Commencement of Association Assessments.
Assessments levied by the Association on the owners of individual units
shall commence as soon as practicable, but in any event within go days,
after the formation of the Association and the taking over of the
management of the condominium development from the Declarant and the
preparation of the first annual projected budget.
12
RUwhTREE, RTAiS. JACASOA. SEACtE @ CARTER
EED
JUN 2 0 2016
DCM» MHCD CITY

14. The Creation of Lien and Personal Obligation of Assessments.
The assessments called for hereinabove, together with interest and costs of
collection, including court costs and reasonable attorneys fees, shall be a
charge on the land and shall be a continuing lien upon the property against
which each such assessment is made. Each such assessment, together with
interest, costs and reasonable attorneys fees, shall also be the personal
obligation of the person who was the owner of such property at the time
when the assessment fell due. The personal obligation for delinquent
assessments shall not pass to his successors in title unless expressly
assumed by them.
Any assessment not paid within thirty (30) days after the due
date shall bear interest from the due date at the rate of twelve (12%)
percent per annum. The Association may bring an action at law against the
owner or owners personally obligated to pay the same or may foreclose the
lien against the property, and the Association is hereby granted a power of
sale to conduct said foreclosure. and interest, costs and reasonable
attorneys fees of the action of foreclosure shall be added to the amount of
such assessment. No unit owner or owners may waive or otherwise escape
liability for the assessments provided for herein by non-use of the common
area and facilities.
15. Subordination of the Lien to Mortgages. The liens provided
for herein shall be subordinate to the lien of any first mortgage,
mortgages, deed of trust or deeds of trust given as security for a loan to
pay any part of the purchase price of any unit. Sale or transfer of any
unit shall not affect the assessment lien provided for in the preceding
section. However, the sale or transfer of any unit which is subject to any
mortgage or deed of trust, pursuant to a foreclosure shall extinguish the
lien of such assessment as to the payment thereof which became due prior to
such sale or transfer, but shall not extinguish the personal liability of
the Owner at the time the assessment fell due. No such sale or transfer
shall relieve such unit from liability for any assessments thereafter
becoming due or from the Lien thereof, but the liens provided for shall
continue to be subordinate to the lien of any mortgage, mortgages, deed of
trust or deeds of trust given as security for a loan to pay any part of the
purchase price of any unit.
RECEIVED 13
RewaratE. R1AL1. Jaraaos. SEACLE 8 CAarE9
AUG 0 3 20t6-"".......,...w ,.
JUN 2 0 2016
DCM- MHD CITY
DCM- MHD CITY

}�. 16. Exterior Maintenance. In addition to maintenance upon the
71\�. common area and facilities, the Association shall provide exterior
maintenance upon each unit which is subject to assessment hereunder as
follows; paint, repair, replacement and care of roofs, downspouts, doors,
exterior building surfaces, trees, shrubs, columns, railings, walks, and
other exterior improvements, such exterior maintenance of individual units
shall not include glass surfaces, or air conditioning units. In order to
enable the Association to accomplish the foregoing, there is hereby
reserved to the Association, as well as the Declarant until such time as
the Association takes over such duties and responsibilities, the right to
unobstructed access over and upon each unit at all reasonable times to
`perform maintenance and repair as provided herein.
In the event that the need for maintenance, repair or
replacement is caused through the willful or negligent actof the owner or
owners of a unit or un- or the family, guests or invitees thereo or
results from causes excluded Ecw coverage in North Carolina Standard Fire
and Extended Coverage insurance policies or other coverage which may be
provided by the Association, the costs of such maintenance, replacement or
repairs shall be added to and become a part of the assessment to which the
unit or units of such owner or Owners are subject.
17. Insurance. Insurance coverage on the property shall be
governed by the following provisions:
A. Ownership of Poli ies. AU insurance policies upon the
condominium development shall be purchased by the Board of Directors of the
Association for the benefit of the Association and the unit owners and
their mortgagees as their interests may appear, and provisions shall be
made for the issuance of certificates of mortgagee endorsements to the
mortgagees of unit owners: Unit Owners my, at their option, obtain
insurance coverage at their own expense upon their own personal property
and for their personal Liability and living expense and such other coverage
as they may desire.
b. Coverage. A11 buildings and improvements upon the land
and all personal property included in the common area. and facilities shall
be insured in an amount equal to the maximum insurance replacement value as
determined annually by the Board of Directors of the Association with the
assistance of the insurance Ocmpany or companies providing such coverage.
5
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14 RECEIVED
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Roosram Rrau. JAMS". 5ucta E C. ss Q„�"s j °J D
JUN 2 0 2016
DCM- MHD CITY

Such coverage shall provide protection against loss or damage by fire and
other hazards covered by a standard extended coverage endorsement, and such
other risks as from time to time shall he customarily covered with respect
to buildings similar in construction, location and use as the buildings on
the land. It is understood, however, that no coverage upon the contents of Aj!
My individual unit will be provided by the Association.
Public liability insurance shall be secured by the Board of
Directors of the Association in such amount and with such coverage as shall
be deemed necessary by the Board of Directors, including, but not limited
to, an endorsement to cover liability of the unit owners as a group to a
single unit owner or to third parties. There shall also be obtained such
other insurance coverage as the Board of Directors shall determine from
time to time to be desirable and necessary.
C. Premiums, premiums upon insurance policies purchased
by the Board of Directors shall be paid by the Board of Directors as a
common expense.
d. Proceeds. All insurance policies purchased by the
Board of Directors shall be for the benefit of the Board of Directors and
the unit owners and their mortgagaes as their interests may appear and
shall provide that all proceeds thereof shall be payable to the Board of
Directors as insurance trustee under this Declaration. The sole duty of
the Board of Directors as insurance trustee shall be to receive such
proceeds as are paid and to hold the same in trust for the purposes
elsewhere stated herein or stated in the Sy -laws and for the benefit of the
unit owners and their mortgagees in the following shares:
1. For damage to common area and facilities, an
undivided share shall be allocated for each unit owner, with such share
being the same as each unit owner's undivided interest in the common area
and facilities.
2. Proceeds on account of damage to units shall be
held in the following undivided shares:
(a) When the building is to be restored, for the
owners of damaged units in proportion to the cost of repairing the damage
suffered by each unit owner, which cost shall be determined by the Board of
Directors.
RECEIVED
AUG 0 3 2016
DCM- MHD CITY
is
iounraxr. `Rp-�. J...,as..h-S G" & Caarra
E.14'4'E=
JUN 2 0 2016
DCM- MHD CITY

(b) when the building is not to be restored, an
I
individual share for each unit owner based on the percentage of insurance
premium paid by each unit owner.
(c) In the event a mortgagee endorsement has been
issued as to a unit, the share of the unit owner shall be in trust for the
mortgagee and the unit owner as their interests may appear.
18. Distribution of Insurance Proceeds. Proceeds of insurance
policies received by the Board of Directors as insurance trustee shall be
distributed to or for the benefit of the beneficial owners in the following
manner:
a. Expense of the Trust. All expense of the insurance
trustees shall be first paid or provision made therefor.
b. Reconstruction or Repair. If the damage for which the
Proceeds are paid is to be repaired or reconstructed, the remaining
proceeds shall be paid to defray the cost thereof as provided by paragraph
18 hereof. Any proceeds remaining after defraying such costs shall be
distributed to beneficial owners, including lienholders of record.
C. Failure to Reconstruct or Repair. If it is determined,
as provided in paragraph 18 hereof, that the damage for which the proceeds
are paid shall not be reconstructed or repaired, the remaining proceeds
shall be distributed to the beneficial owners, including lienholders of
record.
d. Damage and Destruction. Damage or destruction of the
common areas or units shall be promptly repaired and restored by the Board
using the proceeds of insurance for that purpose, and the unit owners shall
be liable for assessment for any deficiency.
Any reconstruction or repair should be in accordance
`
with the plans and specifications of the original building, unless
otherwise agreed upon and approved by the Board of Directors and, for such
LU
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time a5 it owns unsold units, the Declarant.
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20. Party walls. each wall which is built as a part of the
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original construction of the units and placed on the dividing line
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between
the units shall constitute a party wall, and the general rules of law
regarding party walls and Liability for property damage due to negligence
or willful acts or omissions shall apply thereto
16 �g�-+g',�^ ¢ _
RouNTiEE. RYALS, J.ACKSON. SEaGU & CAKTKK E`".O � E, j
JUN 2 0 2016
DCM- MHD CITY

21. Conveyance of Units. In the event that any person, firm or
corporation who owns a unit shall desire to sell such unit, then the said
unit which such owner shall desire to sell shall, if the Declarant owns one
or more unsold units, first be offered for sale to the Declarant at the
same price and on the same terms under which the highest bona fide offer
has been made to the owner for the said unit. The owner desiring to sell
such unit shall give the Declarant written notice by registered mail,
return receipt requested, of the owner's desire to sell such unit and shall
further advise the Declarant of the name and address of the person, firm or
corporation making such highest bona fide offer as well as the amount and
terms of said offer. A copy of such notice shall be sent simultaneously to
the Board of Directors by registered mail, return receipt requested. The
Declarant shall have a period of twenty (20) days after receipt of said
written notice within which to exercise its option to purchase said unit at
the same price and on the same terms as the highest bona fide offer and
shall have an additional period of not less than twenty (20) days within
which to close the said transaction. The foregoing repurchase option
granted to the Declarant shall expire after the initial sale of the last
unit owned by the Declarant or three years from the date of this
Declaration, whichever shall occur first. In the event that no notice of
intent to purchase is given to the Declarant, or if the Declarant's option
to repurchase has expired, the unit owner desiring to sell such unit shall
then offer the same for sale to the Board of Directors at the same prim
and on the same terms under which the highest bona fide offer has been made
to the owner for said unit. The owner desiring to sell a unit shall convey
his offer to the Board of Directors in writing by registered mail, return
receipt requested, again advising the Board of Directors of the name and
address of the person, firm or corporation making said highest hona fide
offer as well as the amount and terms of said offer. The Board of
Directors shall have a period of ten (10) days (20 days if the Declarant's
repurchase option has expired) after receipt of said offer within which to
signify its intent to purchase such unit at the same price and on the same
terse as the highest bona fide offer and shall have an additional period of
not less than twenty (20) days within which to Close the said transaction.
The Board of Directors may elect to purchase such unit on behalf of all of
the remaining unit Owners as a group; or, if the remaining unit owners as a
RECEIVED 17
ROUNiREE. RYALY. JACE\eN. $EAGLE Jl CARiER
DCM- I�AHD CITY
RECEIVED
JUN 2 0 2016
r%f'a&n mn am ,.....

group do not wish to purchase such unit, then on behalf of any one or more
individual unit owners. In the event the Board of Directors shall elect to
Purchase a unit offered for sale on behalf of the remaining unit owners as
a group, the cost thereof shall be shared by the remaining unit owners in
equal shares. Any profit or Loss realized upon the sale of a unit so
acquired by the Board of Directors shall likewise be shared equally by the
remaining unit owners. In the event that the Board of Directors shall
elect to purchase a unit offered for sale on behalf of any one or more
Individual unit owners, then the cost thereof shall be shared by such
purchasing unit owners in such proportion as they shall agree upon.
The Declarant and/or the Board of Directors, as applicable,
upon the request of a selling unit owner, shall execute in recordable form
an instrument indicating compliance with the terms and conditions of this
paragraph by the selling owner, or waiver of said terms and conditions by
the Declarant and/or the Board of Directors, as applicable. Such an
instrument, executed by the President or the vice President and attested by
the Secretary, shall, upon recording, be conclusive evidence of compliance
or waiver of the provisions of this paragraph, as the case may be.
Any sale, transfer or conveyance which is not authorized by
the terms of this Declaration or for which authorization has not been
obtained pursuant to the terms hereof is voidable for a period of two
calendar years from the recording of Seller's deed, and may be voided by
certificates of the Board of Directors or Declarant, as applicable, duly
recorded in the recording office where this Declaration is recorded.
22. Mortgage of Units. Any unit owner may give a deed of trust
of mortgage on his unit without prior notice to or authorization by the
Declarant or the Board of Directors of the Association; provided, however,
that any unit owner giving a deed of trust or mortgage on his unit, shall LU
co
simultaneously with the recording thereof, record a Request for Notice >
as
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provided by law, providing that a foreclosing mortgagee shall provide W
M
notice of the institution of foreclosure proceedings to the Beard of U
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Directors of the Association.
23. Partitioning. The common area and facilities shall not be
divided nor shall any right to partition any part thereof exist. No unit
owner may subdivide or convey any part of his unit; but provided, however,
18
ROU"RE9. RYALS. JAfrSUN. SEAGLE A CARTER
JUN 2 0 2016
f
DCM- MHD CITY

n
.that nothing herein contained shall be deemed to prevent ownership of a
condominium unit by the entireties, jointly or in common, or in any other
form by law permitted.
24. Rental of Units. Unit owners may lease their units, but
provided, however, that any lessee shall be bound by the applicable
restrictions contained in this Declaration, by rules and regulations
enacted by the Board of Directors of the Association, and by such
reasonable restrictions on such rentals as may be adopted by the said Board
of Directors. Nothing contained herein shall be construed, nor shall the
Board of Directors be empowered: to create a rental pool, to require the
employment of an exclusive rental agent, to fix rental rates, or to require
that units be made available for rent.
25. amendment of Declaration. This Declaration may be amended
by the Declarant at any time prior to the conveyance of 120 units, and
\�
thereafter by the vote of at least 66 2/3% in common interest of all unit
owners, cast in person or by proxy, at a meeting duly held in accordance
with the provisions of the By-laws. No such amendment shall be effective
until duly and properly recorded in the Office of the Register of Deeds
wherein this initial Declaration is recorded.
26. Law Controlling This Declaration and the By-laws attached
hereto shall be construed in the light of and controlled by and under the
laws of the State of North Carolina.
IN WITNESS WHEREOF, the Declarant hereinabove named, has caused
this instrument to be signed in its corporate name by its duly authorized
officers and its seal to be hereunto affixed by authority of its Board of
Directors, the day and year first above written.
ATTEST: CHARISMA, INC.
RECENED
AUG U 3 2016
M,HD CITY
Secretary
By
President
DR, MORRIS L. CHERRY (SEAL)
(SEAL)
NARY LUCY CHERRY
19
Rae NTaEE. RY♦L" 3ACLWM. SEAGLE k C4"U
EtCE
JUN 2 0 2016
DCM- MHD CITY

STATE OF NORTH CAROLINA
COUNTY OF
1• , a Notary Public of the aforesaid _
County and State, do hereby certify that personally appeared before me this
day George Harriss, who being by me duly sworn, says that he is the
President of CHARISMA, INC., and that he knows that
is the secretary, and that he knows the common seal of the said
corporation; that the corporation's name was subscribed to the within
Declaration by him as President and was attested by its Secretary; with its
corporate seal thereto affixed and that all was done by order of its Board
of Directors duly given, and that the said instrument is the act and deed
of said corporation.
WITNESS my hand and notarial seal, this the day of
1981.
Notary public
My Commission Expires:
STATE OF NORTH CAROLINA
COUNTY OF
1, , a Notary Public of the aforesaid
County and State, do hereby certify that DR. MORRIS L. CHERRY and wife,
MARY LUCY CHERRY, personally appeared before me this day and acknowledged
the execution of the foregoing instrument.
WITNESS my hand and notarial seal, this the day of
• 1981.
My Commission Expires:
Notary Public
RECEIVED
AUG 0 3 2016
DCM- RAND CITY
20 JUN 2 0 2016
RWNTREE, RYALS. JACKMN. SEAGLE & CAVU
®CM- MHD CITY

DCM Coordinator: J M Permit #:&
MAILING DISTRIBUTION SHEET
✓/;C f-KIAi: w
Agents: N <°*efI Riff + (ZqI F�fti s t- Njc�
DCM Field Offices 2�Toq
Elizabeth City (with revised work plan drawings)
klorehead City
Washington
Wilmington
US ACOE Offices:
Washington: Raleigh Bland
William Westcott (NC DOT)
Bill Biddlecome (NC DOT)
Wilmington: Tyler Crumbley
Liz Hare
Cultural Resources: Renee Gledhill -Early
Public Water Supply: Heide Cox (WIRO)
Joey White (WARO)
DCM/ . Shane Staples
Fisheries Specialist Gregg Bodnar
NC DOT: Ben Hughes
DMF/
Shellfish Sanitation: Shannon Jenkins
State Property: Tun Walton
Water Resources: Karen Higgins (Raleigh)
John Hennessy (NC DOT)
Washington: Anthony Scarbraugh-401
Wilmington:
Joanne Steenhuis — 401
Chad Coburn - 401
DEMLR
Washington:
Scott Vinson-Stormwater
Wilmington:
Georgette Scott- Stormwater
Wildlife Resources: Maria Dunn
LPO:
Fax Distribution: Permitee
Agent #:.

D
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Bogue Shore Condos slip addition and docking facility re-
configuration
2. LOCATION OF PROJECT SITE: 1918 West Fort Macon Road, Atlantic Beach,
Carteret County
Photo Index - 2000: 40-510 O&P (17)
2006: 40-8085 O (17&18)
State Plane Coordinates - X: 2670762.7 Y: 353285.7
LAT 34041'59.95 LON 76046'05.39
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit— 6/29/16
Was Applicant Present —No
5. PROCESSING PROCEDURE: Pre -Application Received — 5/16/16
Application Complete- 6/20/16
Office — Morehead City
6. SITE DESCRIPTION:
(A) Local Land Use Plan — Atlantic Beach
Land Classification from LUP — Multifamily/Conservation
(B) AEC(s) Involved: Public Trust Area, Estuarine Water
(C) Water Dependent: Yes
(D) Intended Use: Private/Community
(E) Wastewater Treatment: Existing — N/A
Planned — none
(F) Type of Structures: Existing — N/A
Planned — existing docking facility re -configuration
(floating pier, platform and finger piers) and addition of 6
new slips
(G) Estimated Annual Rate of Erosion: N/A
Source — N/A
HABITAT DESCRIPTION:
DREDGED FILLED 0 THER
(A) Shallow Bottom N/A N/A 6,600 ftz INC.
(D) Total Area Disturbed: 6,600ftz
(E) Primary Nursery Area: No
(F) Water Classification: SA/HQW Open: No
8. PROJECT SUMMARY: The applicant is proposing to re -configure the existing 10-slip
docking facility with the removal of a section of the existing pier, the relocation and
addition of floating finger piers (no tie pilings proposed), platform and access pier. They
are also proposing the addition of 6 new slip areas for a total of 16.

Field Investigation
Bogue Shore Condos
Page 02
9. Narrative Description:
The Bogue Shore Condo project is located at 1918 West Fort Macon Road in Atlantic
Beach, Carteret County. The project area can be found by following HWY 70 east
(Arendell St) within the Town of Morehead City limit to the Atlantic Beach bridge turnoff.
Continue along the bridge until the road connects with East and West Fort Macon Road at
a 4-way stoplight. Turn right and follow the road for approximately 1.78 miles (9,360').
The entrance to Bogue Shore Condos will be located on the right and along the east side of
the existing building. The subject area serves surrounding multi -family residences as well
as surrounding businesses.
The Division of Water Resources classifies this area as SA/HQW waters. Hoop Pole Creek
is not a designated Primary Nursery Area and is closed to the taking of shellfish. The
Atlantic Beach Land Use Plan certified in 2003 classifies this area as multifamily with
conservation within the AEC. No shellfish resources or submerged aquatic vegetation were
observed within the project area. There are multi -family homes to the east and the west of
the project location.
10. Proiect Description:
Bogue Shore Condos is proposing to re -configure their existing 10-slip docking facility
and install six new slip areas (total of 16 slips). The existing water depths within this area
is -4'nlw with the connecting water depths at -6'NLW or greater.
The applicant is proposing to remove the existing southwest fixed dock and relocate with
new floating pier, platforms and fingers to the north. All portions of the docking facility
re -configuration would not exceed the existing pier head length, would remain landward of
the traditional navigation route within this area and would remain within the existing
footprint in order to avoid additional closures within this area of Hoop Pole Creek.
The applicant proposes to place a floating 8' x 100' access pier (platform) on the west
side, perpendicular of the existing floating platform that extends from the "boat ramp" area
fixed pier. This location would be 65' center to center and north of the existing fixed dock.
There would be an 8' x 48' floating t-head platform at the terminus of the floating access
pier. There would also be a total of six 4' x 20' floating finger piers that would help
designate the 16 slip areas. There are currently 10 existing slips at this location. The
applicant is proposing 6 additional slips for a total of 16. The Typical boat using this
docking facility would be a max of 23' and of open runabout design. There are no tie
pilings or any other development proposed along this property.
11. Anticipated Impacts:
The platform, pier and finger pier placement would incorporate and shade 6,600 ft2 of
open water area. The placement of the new floating components would result in minor
impacts due to turbidity; impacts would not expect to be significant due to water depths
within the area(-4'nlw). There should be no undue interference to navigation from the

Field Investigation
Bogue Shore Condos
Page 03
proposed development due to the fact thai.all proposed work would not exceed a
maximum distance of 155' from the existing bulkhead (nhw) in a water body with a width
of approximately 665'. All proposed development would also be located a minimum of 15'
from riparian access lines and would not extend beyond the existing docking facility
footprint in order to avoid additional shellfish closure within this area of Hoop Pole Creek.
There will be no impact to SAV or shellfish.
HEATHER STYRON Morehead City July 11, 2016

Cg
DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
APPLICANT: Bogue Shores Condos c/o Herbert Hite County: Carteret
LOCATION OF PROJECT: 1918 West Fort Macon Rd., Atlantic Beach
IOU
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 6/20/16
FIELD RECOMMENDATION: Attached: Yes
CONSISTENCY DETERMINATION: Attached: No
FIELD REPRESENTATIVE: Heather Styron
DISTRICT MANAGER REVIEW: Roy Brownlow
B) DATE RECEIVED BY MAJOR PERMITS UNIT: 7/12/16
PUBLIC NOTICE REC'D: Yes
ADJ. RIP. PROP NOTICES REC'D: Yes
APPLICATION ASSIGNED TO: Courtney Spears
C) 75 DAY DEADLINE: Cl I al) I
MAIL OUT DATE: 7/13/16
10107 71110 8 fl10107.110:9
PERMIT FINAL ACTION: ISSUE DENY
To Be Forwarded: No
To Be Forwarded: Yes
DISTRICT OFFICE: Morehead City
FEE REC'D: $400.00 (100%)
END OF NOTICE DATE: 7/11/16
DEED REC'D: No
ON: 7/12/16
150 - DAY DEADLINE:
STATE DUE DATE:
FED COMMENTS REC'D:
DRAFT ON
AGENCY
DATE COMMENTS
RETURNED
OBJECTIONS.
YES NO
NOTES
Coastal Management- Regional Representative
Coastal Management - LUP Consistency Determination
,/I ( l a • {'
b J'^^-vV le
Division of Community Assistance
Y
DEMLR-Land Quality Section
Division of Water Resources-401
p�
Z�
VZ,
DEMLR-Storm Water Management
Y�
L✓'i1
/
too yain 9/4-sDn
� 6 V V C VVII� s
Stale Property Office
V 3
X
I&kd it
Division of Archives & History
PLO '
us
VA La isn kirf
DMF.Shellfish Sanitarian
a'ny 0V%Al clips at %9"Skorel, 11
or LDr"a�l wits t 7 LLtT
D - u m Water upp y
Division of Highways
Wildlife Resources Commission
.�.
x
no /'htnA w O N —
YY" i Let
sue^'
Local Permit Office
.1�1/NV
0 !2 C
A Va' 1
DCM-Fisheries Resource Specialist
I'
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Corns of Engineers
2. U
i' ! ' 0

Environmental
Quality
MEMORANDUM
DATE: June 30, 2016
TO: Courtney Spears
THRU: Roy Brownlow
FROM: Heather M. Styron
�5
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
BRAXTON DAVIS
Director
SUBJECT: Comments and Recommendations - CAMA Major Permit —Bogue Shore Condos,
Atlantic Beach, Carteret County
The following is my assessment and consequent recommendations of the above
referenced proposal: This proposal involves the reconfiguration of a 10-slip docking
facility as well as the addition of 6 new slips for a total of 16. The development conforms
to the guidelines set forth under 15A NCAC 07H .0208. The waters of Hoop Pole Creek
are closed to shellfish harvest and is not a Primary Nursery Area. Assuming that state
and federal agencies concur with the proposal, the District recommends the project be
authorized as proposed, contingent upon the following conditions:
The permitted activity will be conducted in such a manner as to prevent a significant
increase in turbidity outside of the area of construction or construction -related discharge.
Increases such that the turbidity in the waterbody is 25 NTU's or less in all saltwater classes
are not considered significant.
2 All portions of the dock re -configuration shall not exceed the existing pier head length and
remain landward of the traditional navigation route in this area of Hoop Pole Creek.
The re -configuration shall remain within the same footprint as before in order to avoid
additional closures within this area of Hoop Pole Creek. It should be constructed as shown
on plats accepted as complete by DCM on 6/20/16.
nothing Compares ,..
State of North Carolina I Environmental Quality.
1601 Mail Service Center I. Raleigh, North Carolina 27699-1601
919-707-8600

PAT MCCRORY
G ...emor
DONALD R. VAN DER VAART
Saremry
Coastal Management
ENVIRONMENTAL QUALITY
July 13, 2016
MEMORANDUM:
TO:
FROM:
SUBJECT:
Applicant:
Project Location:
Rachel Love-Adrick
Division of Coastal Management
Courtney Spears
Major Permits Processing Coordinator
CAMA/DREDGE & FILL Permit Application Review
Bogue Shores Condos c/o Herbert Hite
BRAXTON DAVIS
Dircaor
Carteret County, at 1918 West Fort Macon Rd., Atlantic Beach.
Proposed Project: Proposes to reconfigure the existing 10-slip docking facility with the removal
of a section of the pier, relocate and addition of floating finger piers, platform
and access pier, and the addition of 6 new slips for a total of 16.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
August 2, 2016. If you have any questions regarding the proposed project, please contact Heather Styron,
Permit officer at [phone]. Ext. 216. When appropriate, in-depth comments with supporting data is
requested.
REPLY: _z1_ This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
Thi a c biects to the project for reasons described in the attached comments.
SIGNED ­)DATE S I %�` k
State ofNorth Carolina I Environmental Quality I Coastal Management
400 Commerce Avenue I Motehead City, NC 28557
252-808-2808 1252-247-3330 (fax)

PAT MCCRORY
Gom'nnr
aI
J� �>
Coastal Management
E*,V,PANMO,AL.DUALITY
MEMORANDUM
DONALD R. VAN DER VAART
se"etay
TO: Courtney Spears, Major Permits Processing Coordinator
Division of Coastal Management
FROM: Rachel Love-Adrick, District Planner , ,,
Division of Coastal Management I�(I`/lQ��l/
SUBJECT: Major Permit Request by Bogue Shores Condos c/o Herbert Hite
DATE: July 15, 2016
BRAXTON DAVIS
Director'
Consistency Determination:
The request is consistent with/not in conflict the Town of Atlantic Beach Land Use Plan certified by the
RC on July 24, 2008 and amended on March 25, 2010.
Overview: The project site is located at the Bogue Shore Condos at 1918 West Fort Macon Rd., Atlantic
Beach, Carteret County, North Carolina. The applicant is requesting to remove an existing 10-slip
docking facility, and replace it with 16 floating dock slips. Existing site improvements include a 149-unit
condominium complex, pool, boat ramp, and boat dock with 10 slip docking facility. Vegetation on the
parcel include grasses, shrubs, and trees. Shoreline vegetation includes cordgrass.
AECs involved include Estuarine Waters and Public Trust Area. The project site is located on Hoop Hole
Creek, that carries a surface water classification of SA (Shellfish Area) and HQW (High Quality Water).
Hoop Hole Creek is not a Primary Nursery Area, and is closed to the taking of shellfish. No shellfish
resources or Submerged Aquatic Vegetation (SAV) were observed at the project area. A review of
archaeological resources was not provided.
Anticipated impacts resulting from the platform, pier, and finger placement include: the incorporation
and shading of 6,600 ft2 of open water. Placement of the new floating components would result in
minor impacts due to due to turbidity; impacts would not be expected to be significant due to water
depths within the area (-4' nwl). There should be no interference to navigation. There will be no impact
to SAV or shellfish.
-�57"' Nothing Compares.-
Smte of North Caro0m I Environmental Quality I Coastal Management
400 Commerce Avenue I Morehead City, NC 28557
252-808-28081252-247-3330(fax)

North Carolina Department of Environmental Quality
Division of Coastal Management
MEMORANDWA
Page 2 of 2
Basis for Determination:
The project is subject to the 2008 Town of Atlantic Beach Core Land Use Plan. The Town of Atlantic
Beach Future Land Use Map (FLUM) designates the site as a "Residential Medium Density". The project
appears consistent with the Future Land Use designations.
The following LUP policies may be applicable to this request:
Conservation
Policy 29, page 175: The Town of Atlantic Beach supports the construction of all marinas, docks, and
piers which minimize or eliminate adverse effects on coastal wetlands and subaquatic vegetation
and comply with 15A NCAC7H minimum use standards. Marina development standards are outlined
on pages 73-76.
Water Quality
Policy 49, pg. 186: The Town of Atlantic Beach supports the guidelines of the Coastal Area
Management Act and the efforts and programs of the NC Department of Environment and Natural
Resources, Division of Coastal Management and the Coastal Resource Commission to
protect/preserve the coastal wetlands, estuarine waters, estuarine shorelines, 404 wetlands, and
public trust waters of the Town".
!`^"'Nothing Compares , � .
State of North Carolina I Enviromnemal Quality I Coastal Managenaut
400 Commerce Avenue I Morehead City, NC 28557
252808-28081252-247-3330(fax)

PAT MCCRORY
Governor
L�l
r:r r r
Coastal Management
ENVIRONMENTAL QUALITY
July 13, 2016
MEMORANDUM:
TO:
FROM:
SUBJECT:
Applicant:
Lee Padrick
Division of Community Assistance
Courtney Spears
Major Permits Processing Coordinator
DONALD R. VAN DER VAART
Serretury
CAMA/DREDGE & FILL Permit Application Review
Bogue Shores Condos c/o Herbert Hite
BRAXTON DAVIS
Director
RECEIVED
AUG 01 2016
DCM- MHD CITY
Project Location: Carteret County, at 1918 West Fort Macon Rd., Atlantic Beach.
Proposed Project: Proposes to reconfigure the existing 10-slip docking facility with the removal
of a section of the pier, relocate and addition of floating finger piers, platform
and access pier, and the addition of 6 new slips for a total of 16.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
August 2, 2016. If you have any questions regarding the proposed project, please contact Heather Styron,
Permit officer at [phone]. Ext. 216. When appropriate, in-depth comments with supporting data is
requested.
REPLY: This agency has no objection to the project as proposed.
�/ This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED � / DATE
State of North Carolina I Environmental Quality I Coastal Management
400 Commerce Avenue I Morehead City, NC 28557
252-808-2808 1252-247-3330 (fu)

PAT MCCRORY
Governor
ba DONALD R. VAN DER VAART
4e�tury
BRAXTON DAVIS
Coastal Management 0,mror
ENVIRONMENTAL QUALITY
r
CEIVE
UL, 18 20
July 13, 2016 BY:
MEMORANDUM:
TO: Dan Sams
Division of Energy, Mineral & Land Resources
FROM: Courtney Spears
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Bogue Shorestondos c/o Herbert Hite
Project Location: Carteret County, at 1918 West Fort Macon Rd., Atlantic Beach.
Proposed Project: Proposes to reconfigure the existing 10-slip docking facility with the removal
of a section of the pier, relocate and addition of floating finger piers, platform
and access pier, and the addition of 6 new slips for a total of 16.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
August 2, 2016. If you have any questions regarding the proposed project, please contact Heather Styron,
Permit officer at [phone]. Ext. 216. When appropriate, in-depth comments with supporting data is
requested.
RECEIVED
REPLY: This agency has no objection to the project as proposed. AUG 0 8 2016
I
This agency has no comment on the proposed project. DC M- M H D C 3TY
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED �vP DATE ,"L`( Zo-LO r lo_ RECEIVED
AUG 0 8 2016
State of North Carolina I Environmental Quality I Coastal Management D C M- M H D C
400 Commerce Avenue I Morehead City, NC 28557
252-808-28081252-247-3330(faa)

Coastal Management
ENVIRONMENTAL QUALITY
July 13, 2016
I UT Illu(/);7\�IDili UTA
TO:
—Juauae.Swenht is C ka A Cc b d r n
Division of Water Resources
l A i Courtney Spears
Major Permits Processing Coordinator
f
y W�
Gommnr
DONALD R. VAN DER VAART
tieuWory
BRAXTON DAVIS
Dirtrtor
RECEIVED/NCDENR/M
JUL 18 2016
Water Quality Regional
Operations Section
Wilmington Regional Office
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Bogue Shores Condos c/o Herbert Hite
Project Location: Carteret County, at 1918 West Fort Macon Rd., Atlantic Beach.
Proposed Project: Proposes to reconfigure the existing 10-slip docking facility with the removal
of a section of the pier, relocate and addition of floating finger piers, platform
and access pier, and the addition of 6 new slips for a total of 16.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
August 2, 2016. If you have any questions regarding the proposed project, please contact Heather Styron,
Permit officer at [phone]. Ext. 216. When appropriate, in-depth comments with supporting data is
requested.
vvt CC 390(
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
/7 This agency objects to the project for reasons described in the attached comments.
SIGNED (; �. cr - L,� Z/toL- DATE t� /4/(_ RECEIVED
AUG 2-3 2016
State of North Carolina I Environmental Quality I GD&Ral Management
400 Commaroe Avenue I Morehead City, NC 28557 252.80&28081252-247-3330 (fu) y D^M-
M H D CITY

PAT MCCRORY
6nvemor
a DONALD R. VAN DER VAART
Secretary
BRAXTON DAVIS
Coastal Management Dlmclor
ENVIRONMENTAL QUALITY
JUL 1 a 2a1s
July 13, 2016
MEMORANDUM:
TO: Georgette Scott
Division of Energy, Mineral, & Land Resources
FROM: Courtney Spears
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Bogue Shores Condos c/o Herbert Hite
Project Location: Carteret County, at 1918 West Fort Macon Rd., Atlantic Beach.
Proposed Project: Proposes to reconfigure the existing 10-slip docking facility with the removal
of a section of the pier, relocate and addition of floating finger piers, platform
and access pier, and the addition of 6 new slips for a total of 16.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
August 2, 2016. If you have any questions regarding the proposed project, please contact Heather Styron,
Permit officer at [phone]. Ext. 216. When appropriate, in-depth comments with supporting data is
requested.
RECEIVED
REPLY: This agency has no objection to the project as proposed. JUL 21 2016
This agency has no comment on the proposed project. DCM-
MHD CITY
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED DATE
State of North Carolina I Environmental Quality I Coastal Management
400 Commerce Avenue I Morehead City, NC 28557
252-808-28081252-247-3330 (fax) n r A r7

Coastal Management
ENVIRONMENTAL OVALITY
July 13, 2016
MEMORANDUM:
TO:
FROM:
SUBJECT:
Applicant:
Project Location:
PAT MCCRORY
Gomm.
DONALD R. VAN DER VAART
se,Mlary
BRAXTON DAVIS
Dinvor
RECEIVED
JUL 15 2016
DOA
STATE PROPERTY
OFFICE
Tim Walton
State Property Office
Courtney Spears
Major Permits Processing Coordinator
CAMA/DREDGE & FILL Permit Application Review
Bogue Shores Condos c/o Herbert Hite
Carteret County, at 1918 West Fort Macon Rd., Atlantic Beach.
Proposed Project: Proposes to reconfigure the existing 10-slip docking facility with the removal
of a section of the pier, relocate and addition of floating finger piers, platform
and access pier, and the addition of 6 new slips for a total of 16.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
August 2, 2016. If you have any questions regarding the proposed project, please contact Heather Styron,
Permit officer at [phone]. Ext. 216. When appropriate, in-depth comments with supporting data is
requested.
REPLY: This agency has no objection to the project as proposed.
a\ � q ✓ This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED 124L&tl- UZ (L a^ DATE - 1 - )- D 1 4
g�HECEIVED
AUG 0 3 2016
State of North Carolina I Environmental Quality I Coastal Management
400 Commerce Avenue I Morehead City, NC 28557 D C M - M I' -I p
\, ti 252-808-2808 1 252-2473330 (fax) C 3 Ty
a

PAT MCCRORY
KATHRYNJOHNSTON
Secretary
State Property Office
ADMINISTRATION
August 1, 2016
To: Courtney Spears
Major Permits Processing Coordinator
Coastal Management Division
400 Commerce Avenue
Morehead City, NC 28557
From: Wanda Hilliard 1 0 a4k4Q--- tJ + I U C<, oL
State Property Office
Subject: CAMA/DREDGE & FILL Permit Application Review
Applicant - Bogue Shores Condo c/o Herbert Hite
Carteret County-1918 West Fort Macon Rd. Atlantic Beach
Total of 16 slips
The project will require a Submerged Land Easement provided that it is confirmed that the applicant is a riparian fee owner and can
qualify for a submerged land easement.
RECENED
AUG 0 3 2016
pCM_ MHD CITY
—`'Nothing Compares'.
State of North Carolina I Administration I State Property Office
1321 Mail Service Center 1116 W. Jones Street I Raleigh, NC 27699-1321
htto://www.ncsl2o.org 1919 807 4650 T 1919 7331431 F

July 13, 2016
MEMORANDUM:
TO:
FROM:
SUBJECT:
Applicant:
PAT MCCRORY
govm>mr
ALD R, VAN DER VAART
..:wary
Renee Gledhill -Early
NC Department of Cultural Resources
Courtney Spears
Major Permits Processing Coordinator
CAMA/DREDGE & FILL Permit Application Review
Bogue Shores Condos c/o Herbert Hite
BRAXTON DAVIS
Dineror
a Ity 4108
Project Location: 'Carteret County, at 1918 West Fort Macon Rd., Atlantic Beach.
16
t�q���itP
Proposed Project: Proposes to reconfigure the'existing 10-slip docking facility with the removal
of a section of the pier, relocate and addition of floating finger piers, platform
and access pier, and the addition of 6 new slips for a total of 16.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
August 2, 2016. If you have any questions regarding the proposed project; please contact Heather Styron,
Pennit officer at [phone]. Ext. 216. When appropriate, in-depth comments with supporting data is
requested.
REPLY: V This agency has no objection to -the project as proposed.
y� This agency has no comment on the proposed project.
This agency approves of the project only'if the recommended changes are
incorporated. See attached:
This agency objects to the project for reasons described in the attached comments.
SIGNEDQL
�l�uJ�Y' ( DATE
JUL
State of North Carolina I Environmental Quality l Coastal Management
t 82015
400 Commerce Avenue I Morehead City, NC 28557
252-808-2808 1252-247-3330 (fax)
0

PAT MCCRORY 7
DONALD R. VAN DER VAART
Secrarory
AXTON DAVIS
Coastal Management D Dlncmr
ENVIRONMENTAL QUALITY D
JUL 14 2016
Shellfish Sanitation
Water & �e�reational
�ualiiq -,,: on
July 13, 2016
MEMORANDUM: RECEIVED
TO: Shannon Jenkins JUL 2 6 2016
Shellfish Sanitation
FROM: Courtney Spears DC M- M H D CITY
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Bogue Shores Condos c/o Herbert Hite
Project Location: Carteret County, at 1918 West Fort Macon Rd., Atlantic Beach.
Proposed Project: Proposes to reconfigure the existing 10-slip docking facility with the removal
of a section of the pier, relocate and addition of floating finger piers, platform
and access pier, and the addition of 6 new slips for a total of 16.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
August 2, 2016. If you have any questions regarding the proposed project, please contact Heather Styron,
Permit officer at [phone]. Ext. 216. When appropriate, in-depth comments with supporting data is
requested.
SLR A-W-*045fl
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED DATE 7 -VIt(
� . 5f 4,v �0N fCaKtPS
State of North Carolina I Environmental Quality I Coastal Management
400 Commerce Avenue I Morehead City, NC 28557
252-808-2808 1 252-247-3330 (fax)

PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
Marine Fisheries BRAXTON C. DAVIS
ENVIRONMENTAL QUALITY Dimclor
July 25, 2016
TO: Courtney Spears, Major Permits Processing Coordinator
Division of Coastal Management
From: Andy Haines
Environmental Program Supervisor
Through: Shannon Jenkins, Section Chief
Shellfish Sanitation & Recreational Water Quality
SUBJECT: CAMA/DREDGE & FILL Permit Application
Applicant: Bogue Shores Condos c/o Herbert Hite
Project Location: Carteret County, at 1918 West Fort Macon Rd., Atlantic Beach
Proposed Project: To reconfigure the existing 10-slip docking facility with the removal of a
section of the pier, relocate the addition of floating finger piers, platform
and access pier, and the addition of 6 new slips for a total of 16.
This project as designed will not necessitate a change in the current shellfish prohibited area
buffer closure that exists for this docking facility. However, the current closure is a result of
the combined slip counts of the Bogue Shores Condos, Coral Cay, and Coral Bay docking
facilities and their proximity to each other. This project (16 slips) combined with the Coral
Cay dockage (16 slips) and the Coral Bay dockage (18 slips) results in a total of 50 slips,
which is the maximum number for the size of the current closure. Any additional slips added
in the future to any of the three facilities will required an expanded buffer closure of this
area.
Smote of North Carolina I Environmental Quality I Marine Fisheries
PO Box 7691344/ Arendell St. I Morehead City, NC, 28557
252 726 7021 T
9

PAT MCCRORY
Govemar
0'
Coastal Management
ENVIRONMENTAL OUALITV
July 13, 2016
MEMORANDUM:
TO:
FROM:
SUBJECT:
Applicant:
Project Location:
DONALD R. VAN DER VAART
4cre/ary
BRAXTON DAVIS
Dimctnr
@@go ba
Xit 18 2016
0iVisio
wiRp P btwatarKaSour
ce
°waterSuphs
Diane Williams
Public Water Supply
Courtney Spears
Major Permits Processing Coordinator
CAMA/DREDGE & FILL Permit Application Review
Bogue Shores Condos c/o Herbert Hite
Carteret County, at 1918 West Fort Macon Rd., Atlantic Beach.
Proposed Project: Proposes to reconfigure the existing 10-slip docking facility with the removal
of a section of the pier, relocate and addition of floating finger piers, platform
and access pier, and the addition of 6 new slips for a total of 16.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
August 2, 2016. If you have any questions regarding the proposed project, please contact Heather Styron,
Permit officer at [phone]. Ext. 216. When appropriate, in-depth comments with supporting data is
requested.
REPLY: ✓ This agency has no objection to the project as proposed.
ECEiVED
AUG 0 8 2016
This agency has no comment on the proposed project. ,
DCM- Nbh�D r..... 4 � i
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED DATE 1) 916
State of North Carolina I Environmental Quality I Coastal Management
400 Commerce Avenue I Morehead City, NC 28557
252-808-28081252-247-3330(fm)

PAT MCCRORY
(irvern,w
):a
Coastal Management
ENVIRONMENTAL QUALITY
C. IL. aa. 5 8. of
July 13, 2016
MEMORANDUM:
TO:
FROM:
SUBJECT:
Applicant:
Project Location:
RECENED
JUL 2 6 Z016
DCM- MHD CITY
Maria Dunn
NC Wildlife Resources Commission
Courtney Spears
Major Permits Processing Coordinator
DONALD R. VAN DER VAART
Secretary
CAMA/DREDGE & FILL Permit Application Review
Bogue Shores Condos c/o Herbert Hite
BRAXTON DAVIS
Dlmeror
Carteret County, at 1918 West Fort Macon Rd., Atlantic Beach.
Proposed Project: Proposes to reconfigure the existing 10-slip docking facility with the removal
of a section of the pier, relocate and addition of floating finger piers, platform
and access pier, and the addition of 6 new slips for a total of 16.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
August 2, 2016. If you have any questions regarding the proposed project, please contact Heather Styron,
Permit officer at [phone]. Ext. 216. When appropriate, in-depth comments with supporting data is
requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED kA,DATE
State of North Carolina I Environmental Quality I Coastal Management
400 Commeme Avenue I Morehead City, NC 28557
252-808-29081252-247-3330(fax)

PAT MCCRORY
tiarenu>r
DONALD R. VAN DER VAART
8axrary
Coastal Management
ENVIRONMENTAL QUALITY
July 13, 2016
MEMORANDUM:
TO: Local Permit Officer
Town of Atlantic Beach
FROM: Courtney Spears
Major Pen -nits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Bogue Shores Condos c/o Herbert Hite
BRAXTON DAVIS
Dwoo,
Project Location: Carteret County, at 1918 Rest Fort Macon Rd., Atlantic Beach..
Proposed Project: Proposes to reconfigure the existing 10-slip docking facilitywith the removal
of a section of the pier, relocate and addition of floating finger piers, platform
and access pier, and the addition of 6 new slips for a total of 16.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
August 2, 2016. If you have any questions regarding the proposed project, please contact Heather Styron,
Permit officer at [phone]. Ext. 216. When appropriate, in-depth comments with supporting data is
requested.
REPLY: V This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIG D
f 1 �
DATE
Jmte ofNenh Carolina, Enei:ca111-:1 l QualityI CoasiA Management
300 Commerce Avenne I i.loiehaad Uy, NC 28557
252-808 2S08 I'_i'_?J? 3330 (fax)
M
0.'sriar — �•_'..*�:u"Y�SKN&"aPs.T�":v2T*AS .>es+m _

PAT MCCRORY
Governor
DONALD R. VAN DER VAART
&emlary
Coastal Management
ENVIRONMENTAL QUALITY RECEIVED
JUL 14 1016
DCM-PlsheHos
July 13, 2016 wARO
MEMORANDUM:
TO: Sliaiie`Stagles;or Gregg Bodnar
Division of Coastal Management
FROM: Courtney Spears
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
BRAXTON DAVIS
Dlrttlor
Applicant: Bogue Shores Condos c/o Herbert Hite
Project Location: Carteret County, at 1918 West Fort Macon Rd., Atlantic Beach.
Proposed Project: Proposes to reconfigure the existing 10-slip docldng facility with the removal
of a section of the pier, relocate and addition of floating finger piers, platform
and access pier, and the addition of 6 new slips for a total of 16.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
August 2, 2016. If you have any questions regarding the proposed project, please contact Heather Styron,
Permit officer at [phone]. Ext. 216. When appropriate, in-depth comments with supporting data is
requested.
REPLY: This agency has no objection to the project as proposed.
'!/This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
�Q This agency objects to the project for reasons described in the attached comments.
SIGNED �; �,% DATE
Slate of North Carolina I Environmental Quality I Coastal Managemam
400 Comaron:e Avmliro I Moreland City.NC 29557
252.808-28091252.247-3330(fax)

Spears, Courtney
From:
Hair, Sarah E SAW <[e-mail]>
Sent:
Tuesday, August 02, 2016 5:08 PM
To:
Styron, Heather M.
Cc:
Spears, Courtney
Subject:
Bogue Shore Condos
Heather,
I intend to process the following project as a 291:
Corps Action ID: SAW-2014-02050
DCM permit no: 189-05
County: Carteret
I do have a question though, I keep coming up with 1664 square feet for the new floating docks and finger piers and
can't figure out the 6600 square feet. I had a long weekend, so maybe its just me.
Also, for the Tide Lines modification: That one is a little trickier since it is going from a single docking facility to 10
separate structures. I need to have some discussion here in the office, because I'm a little concerned about permitting
10 privately owned docks under a single action and the possibility of having multiple modification requests for each
individual dock in the future. Or maybe each individual owner will request their dock be separated from the original
permit and it isn't a problem, but I want to make sure before I do anything.
Thanks,
Liz
Liz Hair
Project Manager
USACE-Wilmington District
Wilmington Regulatory Field Office
69 Darlington Avenue
Wilmington, NC 28403
910-251-4049
[e-mail]

N
Spears, Courtne
From:
Hair, Sarah E SAW <[e-mail]>
Sent:
Monday, August 15, 2016 4:05 PM
To:
[e-mail]; Huggett, Doug; kathryn [e-mail];
[e-mail]; [e-mail]; [e-mail];
[e-mail]; Wilson, Debra; John; Gledhill-earley, Renee; Owens, Jennifer L
SAW; [e-mail]; Spears, Courtney; [e-mail]; Horton, James
T SAW; Arnette, Justin R SAW; Coburn, Chad; [e-mail]; Styron, Heather
M.
Cc:
Crumbley, Tyler SAW; Charles, Thomas P SAW
Subject:
CAMA GP 291 SAW-2014-02050 / Bogue Shores dock realignment / Hoop Pole Creek /
Carteret County
Attachments:
bogue shores app and plans.pdf, GoogleEarth_Placemark.kmz; SAW-2014-02050 Bogue
Shores ePN.pdf
All
Pursuant to the CAMA-Corps Programmatic Permit process, the North Carolina Division of Coastal Management
(NCDCM) has forwarded to our office a copy of the CAMA permit application, Field Investigation Report and BioReport
for the subject project. The attached notice requests federal agency comments on this project by September 9, 2016.
The applicant proposes to redevelop/realign an existing 10-slip docking facility into a 16-slip facility along Hoop Pole
Creek, at 1918 West Fort Macon Road, in Atlantic Beach, Carteret County, NC. Currently, the docking facility includes a
fixed access pier, a fixed dock with 10 slips and an 8-foot X 32-foot floating dock at the terminal end of the main access
pier, and a boat ramp. There is also an existing 8-ft X 48-ft floating dock at the end of the main fixed dock, which was
authorized under a General Permit 56 on February 9, 2015. The applicant's current proposal relocates the docking
facility to the north, and re -aligns the southwest 8-ft X 32-ft floating dock with an 8-ft X 48-ft floating dock in a
north/south orientation, to be accessed by a new 800 square ft (8-ft X 100-ft) floating dock (which will contain 16, 4-ft X
20-ft floating finger piers). Please see the attached field investigation report /application for more detailed information
concerning the proposed project.
Coordinates in Decimal Degrees are: 34.7699861 N,-76.767725 W. Additionally, a Google Earth .kmz file is attached for
reference.
This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson -Stevens Fishery
Conservation and Management Act. The Corps' initial determination is that the proposed project may affect, but not
likely adversely affect EFH or associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management
Councils or the National Marine Fisheries Service. The waters within the project area are designated as SA-HQW and are
not PNA. As described in the attached bio report, no SAV or shellfish resources were observed in the project area.
The Corps has reviewed the project area, examined all information provided by the applicant and consulted the latest
North Carolina Natural Heritage Database. Based on available information, the Corps has determined that the project
will affect, but not likely adversely affect the West Indian Manatee. The project will not affect any other species listed as
threatened or endangered or their critical habitat formally designated pursuant to the Endangered Species Act of 1973
(ESA) within the project area. The use of Manatee Guidelines will be required as a permit condition.
Pursuant to Section 106 of the National Historic Preservation Act (NHPA) of 1966, Appendix C of 33 CFR Part 325, and
the 2005 Revised Interim Guidance for Implementing Appendix C, the District Engineer consulted district files and
records and the latest published version of the National Register of Historic Places and initially determines that no

R
historic properties, nor properties eligible for inclusion in the National Register, are present within the Corps' permit
area: therefore, there will be no historic properties affected.
Please contact me if you have any questions and please provide comments as soon as you can, or by September 9, 2016.
Liz Hair
Project Manager
LISACE-Wilmington District
Wilmington Regulatory Field Office
69 Darlington Avenue
Wilmington, NC 28403
910-251-4049
[e-mail]

CS
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
Regulatory Division
Action ID: SAW-2014-002050
August 15, 2016
Applicant: Mr. Herbert E. Hite
Bogue Shores Condos
Waterway: Hoop Pole Creek
County: Carteret
Work Type: proposed reconfiguration of an existing 10-slip docking facility, realignment of
floating dock and slips, with a total of 16 slips
Mr. Ken Riley, Ph.D.
National Marine Fisheries Service
Habitat Conservation Service
100 Pivers Island
Beaufort, North Carolina 28516
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Pace Wilber
National Marine Fisheries Service
Habitat Conservation Division
219 Fort Johnson -Road
Charleston, South Carolina 29412-9110
Mr. Todd Allen Bowers
US EPA Region 4.Life Scientist
Water Protection Division
61 Forsyth Street, SW
Atlanta, Georgia 30303-8960
BOSN3/Mr. Scott McAloon
United States Coast Guard
Sector NC Waterways Management
2301 East Fort Macon Road
Atlantic Beach, North Carolina 28512
Ms. Debbie Wilson
Division of Coastal Management
North Carolina Department of
Environmental Quality
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Mr. Doug Huggett
North Carolina Department of
Environmental Quality
Division of Coastal Management
400 Commerce Avenue
Morehead City, North Carolina 28557-3421
Ms. Karen Higgins
Division of Water Resources
North Carolina Department of
Environmental Quality
1650 Mail Service Center
Raleigh, North Carolina 27699-1650

N
Ladies and Gentlemen:
Pursuant to the CAMA-Corps Programmatic Permit process, a State Field Investigation
Report is enclosed. Your comments and/or recommendations would be appreciated on or before
September 9, 2016. Questions or comments maybe addressed to the undersigned at (910) 251-
4049.
Sincerely,
I
d by
HAIR.SARAH." HAIRAR M0 n3
e
DN: -USN U.S.GVnlnntn4
f ou-c D,ouPKl,au=USA,
A.10546935 I D 608 516A3vI 93512
Liz Hair, Regulatory Project Manager
Wilmington Regulatory Field Office

ADJACENT RIPARIAN PROPERTY OWNER STATEMENT
I hereby oerlify that I own Property adjacent to 13 D
Property located at /4 F)G d V ?,,(Name of Property Owner)
on �JODP G � r (Address; LO; a Road Etc. G .
yTL'ANT 6 R'A !; N.C.
(Citylrown anWor County)
ifh t plicattt has described to me, as shown°below, the development proposed at the above
I have no objection to.tiils proposal.
I have objections to this proposal.
DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT -
(lndlrldaaat proposfng develoPnrerrt must fill Tn description LWOW Or attach a site drewft)
1 understand that a ter, WAIVER SECTION
R , dock, mooring pilingg piling bs�eakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area ofdpariari access unless waived by me. (ft wish to waive the setback, you must Initial the appropriate blank below.) you
— I do wish to waive. the f 5' setback requirement.
I do not wish to waive the 15' setback requirement,
i�f opony Owner Information) (Ad)acent property Owner In
forma#ion)
s J/6
Number
Date
14
r,? 7
mmewwarzo,RECEIVED
JUL 14 2016
CITY

• property located fO R I /'%AG U/) )�D
on //Uo {? HUB G (Address, Lot, Block, Road, et .)
Rrxk fah in Qr,�AIL � �i=N.C.
(Waterbody) (City/Town and/or County)
The applicant has described to me, as shown below, the development proposed at the above
location.
x_ 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)
5g.r- '6TrX11 u D pfiAA1 -
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 do not wish to waive the 15' setback requirement.
(Property (honer Information) (Ad acent Pr arty Owner Information)
Signa rr-
P lnt or Ty a Name Prlt1or Ty e N s
�2�// �l/�/zf3ANX
Milli Address MaLling Address
W/4lle Gd27J.T /VC 27se7 (;✓ka.fc..lA.ISle.NC- 2BSetq
Ci /StatelZp l City/State/Zip —� ?
Taleph,7gmber Telephone Number
2�/G
Date Date
(Revised 611812012)
RECEIVED
JUL 14 2016
DCM- MHD CITY

CAMA Maior Development Permit Application Checklist
I
This checklist is provided solely as an informational resource to assists in the
preparation of the permit application. Although this checklist is not required to be filled
out as part of the permitting process, nor is it required that this checklist be provided to
the Division of Coastal Management (DCM), the items included within the checklist are
required to complete the permit application.
During the pre -application or application submittal meeting, a DCM representative will
sit down with you and review the application package for completeness. The Division
representative will refer to this checklist to determine whether or not an application is
deemed to be complete or insufficient. If an application package is deemed incomplete,
the specific deficiencies will be noted on the application checklist. A copy of the checklist
will be provided to the applicant, or applicant's agent, at the end of the meeting. Once
the items have been addressed, the applicant or agent should contact the local field
representative to reschedule a final meeting.
PERMIT APPLICATION FORMS
All applicants must completely fill out all three pages of the DCMMP-1 form. Depending
on the scope of the proposed development, you will also need to fill out some or all of the
additional forms) listed below. A checkmark beside the applicable form(s) indicates that
the forms are required for the proposed development.
_ MP-2
Excavation and Fill Information
MP-3
Upland Development
MP-4
Structures Information
MP-5
Bridges and Culverts
MP-6
Marina Development
* All questions on the application form(s) must be complete, or the letter "N/A"
must be placed in each item that does not apply to your proposed project.
* All of the information provided in these forms must accurately correspond with
the submitted workplan drawings.
WORKPLAN DRAWINGS
All drawings must be neat, clear, and of standard size to permit photographic
reproduction. If blue prints or sheets larger than I P x 17" are used, 27 copies must be
submitted (it is advisable to request that a Division representative inspect a final copy of
the workplan drawing(s) prior to making the required 27 copies). Drawings larger than
I V x 17" should be folded to legal size or smaller.
The workplan drawings must be accurately drawn to an engineers scale (1"-200' or less)
(example 1"=30'), 1"=50', 1"=60', 1"=100', etc.). The scale must be indicated on the
drawings.
The following list of items must be indicated on the workplan drawings. No application
or workplan drawings will be accepted as complete until all of the applicable items on
the checklist have been approved by the DCM. RECEIVED
JUN 2 0 2016
DCM- MHD CITY

CHECKLIST Cont.
0
A DCM representative will review the permit application and workplan drawing(s) and
mark off each item(s) listed on the checklist that is deemed to be complete. An item that
has not been "checked off' indicates that additional information is needed in order to
accept the application as complete, or that the item is "Not Applicable" to the proposed
project. A copy of the checklist will be provided to you at the end of the pre -application
meeting, or submission meeting, once the entire permit application package has been
reviewed.
om
`1
Workplan Drawines
Simple Title Block (indicating name of applicant)
Drawing Number(s) — (example: drawing/page/sheet 1 of 4)
Date workplan was prepared
Vicinity Map
Standard North arrow
Legend and scale
Dunes (primary and frontal dunes if applicable for development within the
Ocean Hazard Area of Environmental Concern)
Shoreline
Waterbodies (indicate name of water body)
Width of adjacent water body
Marsh Lands (federal wetlands)
Coastal Wetlands (indicate both upper and lower limits)
"404" Type Wetlands
Existing and proposed man-made structures
Exact areas and dimensions of proposed excavation (for both high ground
and in water excavation)
Exact areas and dimensions for fill and -or spoil disposal (for both high
ground and in water fill)
Existing water depths relative to Normal Water Level (indicate datum
used to determine depths and whether or not soundings were collected
based on elevation or vegetation; also indicate proposed water depths for
dredging projects)
Approximate Normal Water Level (NWL)
Approximate Normal Low Water (NLW)
Property boundaries
Riparian Corridors (for structures located over public trust waters)
Distance of proposed structures to the federally maintained channel(s)
Names of adjacent property owners
Area of Environmental Concern (AEC) boundary (example: 75-foot
Estuarine Shoreline AEC, 575-foot Estuarine Shoreline ORW Shoreline
AEC, Ocean Hazard AEC, Inlet Hazard AEC, etc.)
30-foot Coastal Shoreline Buffer
First Line of Natural Stable Vegetation
Small and Large Structure setbacks
Depth and elevation of existing structures
Proposed work relative to the existing ground level
RECEIVED
CHECKLIST Cont. JUN 2 0 2016
DCM_ MHD CITY

r Cross -Sectional (side -view) Drawine(s)
-1-1�- DWQ Riparian Buffer Zones
Elevation of existing dunes (applicable to Ocean Hazard projects)
'] First floor and building height elevations relative to Mean Sea Level
(MSL) for any proposed buildings
cross -sec_ tiop (including right of way limits)
* If you are planni o��s�ubn-LratlYt color
drawings with the application package,
uniquely color -code and label the natural features as indicated below:
Estuarine Shoreline AEC
Normal High Water— (in Blue ink) --------------- MHW--------------
Normal Low Water — (in Black ink) --------------- MLW--------------
Coastal Wetlands — (in Green ink) --------------- CWs---------------
Federal "404" type Wetlands — (in Magenta ink)----------404 wetlands---------
PropertyBoundaries ----Property boundary/line-----
75-foot Estuarine Shoreline AEC---------75' Estuarine Shoreline AEC---------
575-foot ORW Shoreline----------575' ORW Shoreline----------
30-foot Coastal Shoreline Buffer----------30' Coastal Shorline Buffer----------
OceanHazard AEC
Ocean Hazard AEC ----------Ocean Hazard AEC -----------
Small Structure Setback ---------????' Small Structure Setback----------
LargeStructure Setback ---------????' Large Structure Setback----------
FirstLine of Natural Stable Vegetation --------First Line of Vegetation -------
OTHER REQUIRED INFORMATION
(checkmark indicates that information is complete)
Project Narrative
Application Fee
Signed Certified Mail regeipts from adjacent riparian property owners
Dggd (or other legal instrument under which the applicant claims the right
to develop the property in question)
Consultant/Agent Authorization agreement form
Wetlands Delineation Approval (from the U.S. Army Corp of Engineers)
Stormwater Management Certificate
Ocean and Inlet Hazard Notices
Other Information (any supplemental information that the Division of
Coastal Management requests for processing)
Primary Nursery Area (PNA)
Submerged Aquatic Vegetation (SAV)
Outstanding Resource Waters (ORW)
Shellfish Waters _Open Xclosed
Applicant/Agent signature
RDate
ECEIVED
JUN 2 0 2016
DCM- MHD CITY

STATE OF NORTH CAROLINA
k_-XE! �
G
DECLARATION OF UNIT OWNERSHIP AND
COVENANTS, COHDITIONS AND RESTRICTIONS
OF.BOGUE SNORES CONDOMINIUM
THIS DECLARATION OF UNIT OWNERSHIP, made this the day of
, 1981, by DR. MORRIS L. CHERRY and wife, MARY LUCY CHERRY
and CHARISMA, INC., a corporation organized and existing under the laws of
the State of North Carolina, with its principal place of business in
Wilmington, North Carolina, hereinafter called "Declarant";
W I T N E S S E T H:
THAT WHEREAS, DR. MORRIS L. CHERRY and wife, MARY LUCY CHERRY are
the record owners of the hereinbelow described property, and
WHEREAS, the said DR. MORRIS L. CHERRY and wife, MARY LUCY CHERRY
have entered into a contract to sell the heceinbelow, described property to
CHARISMA, INC., but said sale has not been consummated; and
WHEREAS, CHARISMA, INC. requested the said DR. MORRIS L. CHERRY
and wife, MARY LUCY CHERRY to join in the execution of this Declaration for
the purpose of assenting thereto and for the further purpose of allowing
this Declaration to be recorded in the public records of Carteret County,
North Carolina, prior to the ronsumation of said sale and the said DR.
MORRIS L. CHERRY and wife, MARY LUCY CHERRY have agreed so to don and
WHEREAS, the property which is the subject of this declaration is
located in Carteret County, North Carolina, and more particularly described
as follows:
IN MOREHEAD TOWNSHIP: BEGINNING at a right of way
monument in the northern line of North CaFolima
Highway 58 (Salter Path Road), the same being in
the eastern line of the Willis Smith Estate property,
as shown on a map shown and designated as 'Plot Plan
for Landmrk Hotel, Property of Seashore Properties,
Inc_, Hogue Banks, Carteret County, North Carolina,"
which said map is recorded in Nap Book 11 at Page 40
of the Carteret County Registry. Running thence from
said right of way monument, with and along the northern
line of North Carolina Highway 58 (Salter Path Road),
North 86 degrees 01 minutes East 102.36 feet to a point;
thence North 85 degrees 23 minutes East 379.96 feet to a
point; thence leaving said highway, North 1 degree 55
minutes 18 seconds West 44.13 feet to a point; thence
North 4 degrees 07 minutes 26 seconds West 357.23 feet
to the high water mark of Hoop Hole Creek; thence with
the high water mark of Hoop Role Creek, North 75 degrees
24 minutes 16 seconds West 152.58 fast to a point; thence
South 32 degrees 52 minutes 50 seconds West 96,79 feet to
a point; thence South 74 degrees 04 minutes 32 seconds
West 52.41 feet to a point; thence South 80 degrees 02
minutes 19 seconds Went 83.99 feet to a point; thence
ROUNTREL HIALS. JACKSON. SLAGLE i CAMl
RECEIVED
JUN 2 0 2016
DUA- ^4Lm CITY

North 68 degrees 37 minutes 04 seconds West 92.e7 feet to
a point in the eastern line of the Willis Smith estate
property: thence with said eastern line, South 4 degrees
50 minutes West 401.65 feet to the point of beginning,
containing 4.10 acres.
WHEREAS, there is now located on the aforesaid property certain
improvements, the same being more fully described hereinafter, and which
real property and improvements thereon the Declarant desires to convert tc
Unit Ownership, to be named "Bogus Shorea Condominium';
NOW, THEREFORE, Declarant declares its intention, by the filing
of this Declaration, to submit, and does hereby submit, the above -described
real property and improvements thereon to the provisions of the worth
Carolina Unit Ownership Act; being Chapter 47A of the North Carolina
General statutes, as a condominium project; and further desires to impose
upon the said property a general plan of mutually beneficial covenants,
conditions and restrictions for the benefit of all of the owners of
condominium units therein]
NOW, THEREFORE, Declarant does further publish and declare that
all of the property described herein is held and shell be held, conveyed,
hypothecated, encumbered, leased, rented, used, occupied, and improved
subject to the following covenants, conditions, restrictions, uses,
limitations and obligations, all of which are declared and agreed to be in
furtherance of a plan for the conversion of said property into
condominiums, and shall be deemed to run with the land and shall be a
burden and a benefit to Declarant, its successors and assigns and any
person acquiring or owning an interest in the real property and
improvements, their grantees, successors, heirs, executors, administrators,
devisees and assigns.
1. Definitions. Certain term in this Declaration and in the
By-laws appended hereto shall be defined as follows, unless the context
clearly indicates a different meaning therefor:
a. "Declarant" shall man charisma, Inc.
b. •Project" shall mean the total of the real property
incorporated herein, together with all structures and other improvements
thereon.
2
RYwstage. RYALs, JACKSON. SLAGLE & CAETEY
++m„w. cwm uw.o. ;wiser
GS
RECEIVED
JUN 2 0 2016
DCAA_ AAuri r.,

C. "Association" sball mean the Hogue Shores Homeowners'
Association, Inc. as the same is created by this Declaration and the
Cl
appended By -Laws, being a non-profit corporation formed under the authority
of Chapters 47A and 55A of the North Carolina General Statutes.
d_ "Unit" shall mean that enclosed space within each
dwelling entity or apartment as shown on the architect's drawings filed
concurrently with this Declaration, and being further defined as lying
between the following boundaries: the interior surfaces of its perimeter
walls, its floor substrate under carpeting, vinyl covering, or other
decorative floor covering; the interior surface of its ceiling, and its
doors and door frames; but excluding therefrom all of those virus, ducts,
pipes, and other utility installations which lie within the enclosed space
defined herein but which are for the common use of one or more other units
in the project, provided, however, that heating and air-conditioning
equipment for each unit, window glass in exterior windows, and exterior
doors are included within said unit.
e. "Act" shall mean The Unit Ownership Act as set forth in
Chapter 47A, General Statutes of North Carolina.
2. Description of Buildings and Unit Designations. The
building with its east and west wings, and a center section which
constitutes Hogue Shores Condominium is of concrete block and brick
construction with concrete foundation, floors and accessways. The building
is two stories in height with 149 total units, 140 of which are now
constructed, with 42 units in the East Wing, 51 units in the West Wing, and
56 units in the center section. Unit designations, as well as structural
details and locations of units, are set out in those drawings of Samuel C.
Hodges, Jr., A.I_A., Registered Architect, the same being recorded herewith
in Condominium Plat Book , Pages through , and which are
also described in Exhibit "C" hereto attached and incorporated herein by
reference.
Units of Hogue Shores Condominium are of two (2) sizes, the
larger unit containing approximately 488 square feet of enclosed space and
being designated herein as "Unit A", and the smaller units containing
approximately 282 square feet of enclosed space and being designated herein
as "B Units".
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The designation and types of units contained in. the building
of The Bogue Shores Condominium are as follows:
a, East Wing
1st Floor Units 101• - 120
2nd Floor Units 201 - 220, 201A and 202A
b. Center Section
lot Floor Units 121 - 148
2nd Floor Units 221 - 248
C. West Wing
1st Floor Units 149 - 170, 153A, 169A and 170A
2nd Floor Units 249 - 270, 253A, 254A, 269A and 270A
Unit 101 is an 'A' Unit. All others are 'B' units.
units 153A, 169A, 170A, 201A, 202A, 253A, 254A, 269A and
270A have not yet been constructed. Nevertheless, the Declarant hereby
reserves to itself the exclusive right and option, but not the obligation,
to construct said units upon the following terms and conditions:
A. The construction of all or any of said units shall be
at the sole discretion of the Declarant without consultation with or
consent of any unit owner. Every unit owner in Bogue Shores Condominium,
by accepting a deed for a unit therein, shall be deemed to have agreed for
himself, his heirs, devisees, successors and assigns to such construction,
and
B. The right and option as described hereinabove shall
terminate on the 1st day of October, 1984, and
C. The Declarant covenants and agrees that any such
construction shall be of similar construction and of similar composition as
the existing structure so as to harmoniously bland in with the units as now
constructed: and
D. It is understood and declared that the undivided
fractional or percentage interest owned by each unit owner is as stated in
Article 4. hereof. However, it is understood and further declared that in
the event the Declarant, pursuant to a. of this Article, fails to construct
all or any of the units proposed to be constructed pursuant hereto, within
the option time stated herein, the fractional or percentage interest owned
by each unit owner of units in Bogue Shores Condominium as presently
constructed, in the common areas and facilities shall necessarily have to
4
ROUNTREE. RVALI. JACKEON, SEAGLE & CA4E1
RECEIVED
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change from that as established in Article a. hereunder and shall he
expanded. It is further understood that the Act provides that the
fractional or percentage undivided interest of each unit owner in the
common areas and facilities as expressed in any Declaration shall have a
permanent character and shall not be altered except with the unanimous
consent of all unit owners expressed in an amended Declaration duly
recorded. Therefore, in the event the Declarant fails to construct all or
any of the proposed units as described herein, then every unit owner of
units in Bogus Shores Condominium as presently constructed, or any unit
hereafter constructed therein, by acceptance of the deed to his unit shall
be deemed to have specifically agreed for himself, his heirs, devisees,
successors and/or assigns that the Declarant shall have the exclusive right
and power as attorney -in -fact for every such unit owner, to establish the
undivided fractional or percentage interest of each such unit owner in the
common areas and facilities of Bogue shores Condominium, and therefore, the
right and power to establish (a) the liability of each unit owner for
common expenses, not specifically assessed, (b) the interest of each unit
owner in any common surplus, and (c) the voting rights in the Association
of each such unit owner. It is hereby declared and agreed that the
Declarant shall establish said undivided interests without prior
consultation with or consent of any unit owner of any such unit in Sogue
Shores Condominium As presently constructed or any unit hereafter
constructed therein and that, the Declarant covenants and agrees to
establish such undivided fractional or percentage interests for all units
at such times as may be necessary pursuant to this Article in the
proportions that the then fair market value of each unit, new and existing,
as shall be determined solely by the Declarant, bears to the then aggregate
fair market value of all such units.
E. Nothing herein shall be deemed to limit or alter the
Declarant's right, hereby reserved, to vary the internal layout, size, and
configurations of any units hereafter constructed so long as the Declarant
substantially conforms with the provisions of this Article.
3. Description Of Common Area.
a. The general common area of Bogus Shores Condominium
shall consist of all land therein together with all improvements thereon or
appurtenant thereto with the exception of that space and improvements
RDuhfam RVALs. JACKWN, S9AyLR ♦ CARTER RECEIVED
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JUN 2 0 2016
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therein comprising each unit as defined in paragraph l.d. above. Without
limiting the generality thereof, the common area includes that building
shown on the Architect's drawings as "Office and manager's Apartment', as
well as a swimming pool, pump and tank house, storage rooms, utilities
are", grassed areas, and paved parking areas. Bogus Shores Condominium
contains no limited common are". Bogue Shores Condominium my, acting
through the Board of Directors of the Association, lease all or any portion
of said office and manager's apartment to any person, firm, or corporations
but provided, however, that the said Board shall enter into such a lease
only upon the affirmative vote of two-thirds of all of the units of Bogus
Shores Condominium in accordance with the By-laws of the Association.
4_ Percentage of Unit Ownership. The fractional interest in
the common area of Bogue Shores Condominium which is attributable to each
individual unit is based on the relative fair market value of the units as
of the date hereof being as follows;
"A" units - 1.16700% each
"Ban Units - 0.667791 each
Paired units shall be treated as combinations of individual
units for purposes of determining the combined common area interest of an
owner of such combined units.
5. Use and Restrictions Thereon.
a. Each unit shall be used for single-family residential
purposes only, with the exception that the Declarant or its agent shall
have the right to maintain a sales office in one of the units of its choice
for the sole purpose of selling the remaining units in the project, such
right terminating upon the sale of the last unit by the Declarant.
b. No advertising signs, billboards, unsightly objects, or
nuisances shall be erected, placed or permitted to remain on the property;
but provided, however, this foregoing restriction shall not apply to the
activities of the Declarant or its agents during the period of the initial
sale of the units.
C. No business activities of any kind whatsoever shall be
conducted in any building or on any portion of the property, with the
exception of those activities as are described in 5.a. above, and with the
further exception that the office and manager's apartment building or any
portion thereof may be used by the Association for any lawful purpose which
RUuNTREE. RTALS. JACrsum. SF GLt & CARTRR
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(4
.benefits the members thereof, and my also be used for any such purpose by
a lessee as provided in paragraph 3, above; provided, however that the
south room of unit 101 may be operated as a commercial snack bar but only
with the prior written approval of the Board of Directors. In the event
this is done it is understood that the snack bar operator has the
non-exclusive use of the restrocm and storage area to the rear of the snack
bar.
d. The property shall not be used In any way or for any
purpose which may endanger the health of or unreasonably disturb the owner
of any unit or any resident thereof.
a. No animals, livestock or poultry of any kind shall be
raised, bred or kept on any part of the property, except that dogs, cats or
other usual household pets may be kept by the respective owners only, in
their respective units, provided that they are not kept, bred or maintained
for any commercial purpose and do not endanger the health of or, in the
sole discretion of the Board of Directors of the Association unreasonably
disturb the owner of any unit or any resident thereof, and provided,
further, that such pets shall not be allowed in the general common areas of
the condominium project unless on a leash or carried by the owner thereof.
f. The exterior of the units, including trim and hardwers,
door units, and related exterior features, shall not be altered or
decorated by the individual unit owners in any manner without the prior
written consent of the Board of Directors of the Association and no radio
or television aerials or other projections may be installed or attached to
the exterior of any unit without such prior written consent, but provided,
however, that any owner of two adjoining units shall be permitted to make
provision for a door interconnecting said units, subject to approval of
said Board of Directors with respect to preserving the structural integrity
of the building.
g. No garbage dispose-alls or any other equipment which
processes kitchen waste products into the waste -water disposal system, nor
automatic clothes washing machines, nor automatic dishwashers, may be
installed or used in any unit of Bogus Shores Condominium.
h. No clotheslines or other exterior clothes drying
facilities shall be permitted in the common area.
RECEIVED
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i. No trailer of any sort (excluding boat trailers), tent,
tent camper, motor home, nor any other similar vehicle shall be kept, nor
shall any temporary structures of any sort be placed, on the property at
any time, either temporarily or permanently.
j. All garbage and refuse from the individual units shall
be deposited with care in the receptacles provided for and intended for
such purpose.
k. No noxious or offensive activities shall be carried on
in or upon any unit, nor shall anything be done therein tending to cause
embarrassment, discomfort, annoyance or nuisance to other unit owners.
i. No refuse, rubbish, trash or waste of any sort shall be
thrown into the waters adjoining the condominium project, nor on any common
area of the Condominium.
. M. It shall be the responsibility of each unit owner, and
!kl(( the Board of Directors of the Association to prevent the development of any
',- unclean, unsightly or unkempt conditions of the common area, including the
tidal margin of the sound front.
n. Parking in the parking area of Bogus Shores Condominium
shall be subject to such toles and regulations as the Board Of Directors of
the Association shall, from time to time, adopt.
rAll restrictions and affirmative obligations set forth in
this Declaration shall run with the land and shall be binding on all
members and persons claiming under them for a period of twenty (20) years
from the date of recordation of this Declaration, after which time said
restrictions and Obligations will be automatically extended for a
successive periods of ten (10) years, unless an instrument signed by a
majority of the then owners of units affected by such restrictions and
obligations has been recorded agreeing to change such restrictions and
obligations in whole or in part.
In the event of a violation or breach of any of these
restrictions, or of any other covenants of this Declaration, by any unit
owner, or agent thereof, the owners of any other units or any of them,
jointly or severally, shall have the right to proceed at law or in equity
to compel compliance with the terms hereof or to prevent the violation or
I
reach in any event. In addition to the foregoing, the Board of Directors
of the Association shall have the right whenever there shall have been any
B RECEIVED
RuuNnrr. RYA"- lacaaoa. SuOit ! Guru
JUN 2 0 2016
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/t *
violation of these restrictions, to enter upon the property where such
violation exists and summarily Abate or remove the same at the expense of
the owner, if after fifteen (15) days written notice of such violation it
shall not have been corrected or removed by the owner. Any such entry and
abatement or removal shall not be deemed a trespass. The failure to
enforce any right, reservation or condition contained in this Declaration,
however long continued, shall not be deemed a waiver of the right to do so
hereafter, as to the sane breach or as to a breach occurring prior or
subsequent thereto and shall not bar of affect its enforcement. The
invalidation by any court of any restrictions or obligations contained in
this Declaration shall in no way affect any of the other restrictions,
which shall Iemain in full force and effect.
All present and future owners, tenants and occupants of
units in the project shall be subject to, and shall Comply with the
provisions of this Declaration, By-laws and such rules and regulations sa
may be adopted in accordance with the By-laws now in force or as may be
amended from time to time. The acceptance of a deed of conveyance, or the
entering into of a lease, or the entering into occupancy of any unit shall
constitute an agreement that the provisions of this Declaration, By-laws
and any rules. and regulations which may be adopted are accepted and
ratified by such owner, tenant or occupant and all of such provisions shall
be deamed and taken to be covenants running with the land and shall bind
any person having at any tiwa any interest or estate in such unit as though
such provisions were made a part of each and every deed of conveyance or
lease.
// 6. Rules and Regulations. The Board of Directors of the
Association shall have the authority to implement and interpret the
foregoing restrictions and affirmative obligations by the enactment of
reasonable rules and regulations which shall be published and made
available to all unit owners and their tenants and guests, and the said
Board of Directors shall have the authority to enforce such reasonable
rules and regulations by denial of the use of the common area and its
facilities to such violators until the same shall CedBe, and may further
levy fines for infractions in an amount not to exceed Twenty Five and
-no/100 025.00) Dollars per each offense, and provided further that any
alleged violators shall have at least tan )10) days written notice and
9
9mwnraaf^@-+ «'Y :awa1 guclr & CAarea RECEIVED
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DCM- MHD CITY

shall be afforded an opportunity to be heard by the Board of Directors in C3
the event that the alleged violator desires to contest the application of
these sanctions.
7. Person to Receive Service of Process. Samuel A. McConkey,
Jr. is hereby designated to receive Service of Process in any action which
may be brought against, or in relation to, this condominium development,
the address of his place of business being 1005 Shepard Street, Morehead
city, North Carolina 28557_
B. Management. Management of the affairs of Roque Shores
Condominium shall be the right and responsibility of the Association of
unit owners known as "vogue Shores Homeowners' Association, rnc.a,
hereinafter referred to as the "Association-; and said management duties
shall be carried out in accordance with the terms and conditions of this
Declaration and the terms and conditions set forth in the By-laws of Bogus
Shores Homeowners' Association, Inc., a copy of which is attached hereto
and made a part hereof; provided, however, that the Association shall not
be organized to take over the management rights and responsibilities until
such time as a total of 120 units have been sold by the developer and the
deeds thereto delivered to the purchasers thereof. Until such time, the
Declarant shall have the entire rights and responsibilities of managing the
condominium project.
9. Assessment.. Each owner of any unit, by acceptance of the
deed thereto, whether or not it shall be so expressed in such deed, is
deemed to, and does thereby, covenant and agree to pay assessments in a pro
rata share equivalent to such unit's ownership interest in the common area
(said ownership interest being defined in paragraph 4. above) for the
common expenses of the upkeep, maintenance and improvement of the common
area and for expressly designated services provided to all unit owners in
the condominium protect.
Until such time as the Association takes over the management
of the condominium project, at the time above specified, -the unit owners
shall pay monthly assessments for the services described hereinabove to the
Declarant, in amounts as follows: for Unit 101, $150.00 per quarter and for
all other units, $75.00 each Per quarter_ Declarant shall use that sum for
the upkeep and maintenance of the common area, for the provision of common
services ordinarily to be provided by the Association as set forth
10
RmwaTatr.,RVA LS, JA�'kson, ScWDLE & CARIaa RECEIVED
JUN 2 0 2016
DCM- MHD CITY

hereinafter in paragraph 11. and for the procurement of comprehensive
hazard, flood and liability insurance covering the units and common area.
During such interval, the Declarant shall supplement said assessment by
such amount as may be required to meet such expenses and provide such
services as are required under the provisions of this paragraph and
paragraph 10 below, but shall not be further obligated to pay assessments
for unsold units.
After the management rights and responsibilities have been
turned over to the Association by the Declarant at the time specified, the
Declarant shall surrender all remaining unexpended funds so collected by
him to the Association and shall make a full accounting to the Association
for all sums spent from the amounts collected by him and shall transfer to
the ownership of the Association all insurance policies then in effect on
the condominium units and common area. At this time, the Association shall
establish an annual budget and shall, if necessary, adjust the quarterly
assessments accordingly. The owner of each unit shall thereafter make all
future payments directly to the Association for all common expenses in the
proper pro rate percentage of the total common expenses as set forth
hereinafter in keeping with the General statutes of North Carolina relating
�- to unit ownership. During the time interval after the Declarant has turned —
over the management of the Condominium to the Association but before the
sale of the last unit by the Declarant, Declarant shall pay assessments to
the Association as follows:
a. For each unsold and unoccupied unit, a quarterly amount
equal to fifty (50%) percent of the then current regular quarterly
assessment.
b. For each unsold but occupied unit, the then current
regular quarterly assessment.
10. Purposes of Assessments. The asaessmenta paid to the
Association shall be used exclusively to promote the recreation, health,
safety and welfare of the residents of Bogue Shores Condominium and, in
particular, for the acquisition, improvement and maintenance of properties,
services and facilities devoted to this purpose and relating to the
exterior maintenance of the buildings and units, excluding exterior glass
surfaces, and air conditioning units, and for the use and enjoyment of the
common area end facilities, including, but not limited to, the cost of
11 RY
A". RECEIVED
aes, ors. l�cason, SraGla 6 CAkru
JUN 2 0 2016
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CS
water and sewer service; garbage collections electricity for the common
area; repairs, replacements and additions to the common area and
facilities; the cost of labor, equipment and material expended on the
common area and facilities; management and supervisions the payment of
taxes assessed against the common area and facilities, the procurement and
maintenance of liability and hazard insurance coverage on the common area,
the employment of attorneys, accountants, and professional management
personnel when deemed necessary or advisable by the Association; and such
other needs as may arise.
11. Change in Assessments. At any time after the actual
assumption of management duties by the Association and the establishment of
the initial budget and assessment, it shall have the right, by a vote of
its Board of Directors, to change the method of payment of any assessment
and shall have the right to increase said "easements in any one year
without the approval of the membership in an amount not to exceed fifteen
ILU percent of the assessment of the previous year. The assessment may
be increased without limit by a vote ofs�wo-thirdssof the members of the
Association voting in person or by proxy at a regular annual meeting or at
a meeting duly called for this purpose.
12. Special Assessments for Capital Improvements. In addition
to the assessments specified above, the Association may levy, in any
calendar year, a special assessment for the purpose of defraying in whole
or in part, the cost of any construction, reconstruction, repair or
replacement of capital improvements upon the common area, including
fixtures and personal property related thereto; provided that any such
assessment shall have the assent therefor voted by two-thirds"of the
members of the Association who are voting in person or by proxy in a
regular meeting or in person or by proxy in a regular annual meeting or in
a meeting duly called for this purpose.
13. Date of Commencement of Association Assessments.
Assessments levied by the Association on the Owners of individual units
shall commence as soon as practicable, but in any event within 90 days,
after the formation of the Association and the taking over of the
management of the condominium development from the Declarant and the
preparation of the first annual projected budget.
12
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6i
. 14_ The Creation of Lien and Personal Obligation of Assessmants.
The assessments called for hereinabove, together with interest and costs of
collection, including court costs and reasonable attorneys fees, shall be a
charge on the land and shall be a continuing lien upon the property against
which each such assessment is made. Each such assessment, together with
interest, costs and reasonable attorneys fees, shall also be the personal
obligation of the person who was the owner of such property at the time
when the assessment fell due. The personal obligation for delinquent
assessments shall not pass to his successors in title unless expressly
assumed by them.
Any assessment not paid within thirty (30) days after the due
data shall bear interest from the due date at the rate of twelve (12%)
percent per annum. The Association may bring an action at law against the
owner or owners personally obligated to pay the same or may foreclose the
lien against the property, and the Association is hereby granted a power of
sale to conduct said foreclosure; and interest, costs and reasonable
attorneys fees of the action of foreclosure shall he added to the amount of
such assessment. No unit owner or owners may waive or otherwise escape
liability for the assessments provided for herein by non-use of the common
area and facilities.
15. Subordination of the Lien to Mortgages. The liens provided
for herein shall be subordinate to the lien of any first mortgage,
mortgages, deed of trust or deeds of trust given as security for a loan to
pay any part of the purchase price of any unit. sale or transfer of my
unit shall not affect the assessment lien provided for in the preceding
section. However, the sale or transfer of any unit which is subject to any
mortgage or dead of trust, pursuant to a foreclosure shall extinguish the
lien of such assessment as to the payment thereof which became due prior to
such sole or transfer, but shall not extinguish the personal liability of
the owner at the time the assessment fell due. No such sale or transfer
shall relieve such unit from liability for my assessments thereafter
becoming due or from the lien thereof, but the liens provided for shall
continue to be subordinate to the Lien of any mortgage, mortgages, deed of
trust or deeds of trust given as security for a loan to pay any part of the
purchase price of any unit.
13 RECEIVED
RauJACK",E. Riau. JACK", SEAGLC { Carraa
JUN 2 0 2016
DCM- MHD CITY

16. Exterior Maintenance. In addition to maintenance upon the
7{\\, common area and facilities, the Association shall provide exterior
maintenance upon each unit which is subject to assessment hereunder as
follows: paint, repair, replacement and care of roofs, downspouts, doors,
exterior building surfaces, trees, shrubs, columns, railings, walks, and
other exterior ispmvements. such exterior maintenance of individual units
shall not 'winds glass surfaces, or air conditioning units. In order to
enable the Association to accomplish the foregoing, there is hereby
reserved to the Association, as wall as the Declarant null such time as
the Association takes Over such duties and responsibilities, the right to
unobstructed access over and upon each unit at all reasonable times to
'`perform maintenance and repair as provided herein.
In the event that the need for maintenance, repair or
replacement is caused through the willful or negligent act of the _Owner _or
owners of a unit oz or the family, guests or invitees thereof,or —
results from causes excluded from coverage in North Carolina Standard Fire
and Extended coverage insurance policies or other coverage which may be
Provided by the Association, the costs of such maintenance, replacement or
repairs shall be added to and become a part of the assessment to which the
unit or units of such owner or Owners are subject.
17_ Insurance, Insurance coverage on the Property shall be
governed by the following provisions:
a. Dwnerahip of Policies. All insurance policies upon the
condominium development shall be purchased by the Board of Directors of the
Association for the benefit of the Association and the unit owners end
their mortgagees as their interests may appear, and provisions shall be
made for the issuance of certificates of mortgagee endorsements to the
smrtgagees of unit owners: Unit owners may, at their option, obtain
insurance coverage at their own expense upon their own personal property
and for their personal liability and living expense and such other coverage
as they may desire.
b. Coverage. All building* and improvements upon the land
and all personal property included in the ccseon area and facilities shall
be insured in an amount equal to the saximnm insurance replacement value •e
determined annually by the Board of Directors of the Association with the
assistance of the insurance company or companies providing such coverage.
14
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RECEIVED
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Such coverage shall provide protection against loss or damage by fire and
other hazards covered by a standard extended coverage endorsement, and Such
other risks as from time to time shall be customarily covered with respect _.
to buildings similar in construction, location and use as the buildings on
the land. It is understood, however, that no coverage upon the contents of O�G.
any individual unit will be provided by the Association.
Public liability insurance shall be secured by the Board of
Directors of the Association in such amount and with such coverage as shall
be deemed necessary by the Board of Directors, including, but not limited
to, an endorsement to cover liability of the unit owners as a group to a
single unit owner or to third parties. Thare shall also be obtained such
other insurance coverage as the Board of Directors shall determine from
time to time to be desirable and necessary.
C. Premiums. Premiums upon insurance policies purchased
by the Board of Directors shall be paid by the Board of Directors as a
common expense.
d. Proceeds. All insurance policies purchased by the
Board of Directors shall be for the benefit of the Board of Directors mid
the unit owners and their mortgagees as their interests may appear and
shall provide that all proceeds thereof shall be payable to the Board of
Directors as insurance trustee under this Declaration. The sole duty of
the Board of Directors as insurance trustee shall be to receive such
proceeds as are paid and to hold the same in trust for the purposes
elsewhere stated herein or stated in the By-laws and for the benefit of the
unit owners and their mortgagees in the following shares:
1. For damage to common area and facilities, an
undivided share shall be allocated for each unit owner, with such share
being the same as each unit owner's undivided interest in the common area
and facilities.
2. Proceeds on account of damage to units shall be
held in the following undivided shares:
(a) when the building is to be restored, for the
owners of damaged units in proportion to the cost of repairing the damage
suffered by each unit owner, which cost shall be determined by the Board of
Directors.
15 RECEIVED
R"&Tmer. RTAtm. JACKSON. Smwctm t CAerrm
.._.,_.__,..._,..�w JUN 20 2016
DCM- MHD CITY

(b) When the building is not to be restored, sn
individual share for each unit owner based on the percentage of insurance
premium paid by each unit owner.
(c) In the event a mortgagee endorsement has been
issued as to a unit, the share of the unit owner shall be in trust for the
mortgagee and the unit owner as their interests may appear.
18. Distribution of Insurance Proceeds. Proceeds of insurance
policies received by the Board of Directors as insurance trustee shall be
distributed to or for the benefit of the beneficial wnere in the following
maMer:
a. Expense of the Trust. All expense of the insurance
trustees shall be first paid or provision made therefor.
b. Reconstruction or Repair. If the damage for which the
proceeds are paid is to be repaired or reconstructed, the remaining
proceeds shall be paid to defray the cost thereof as provided by paragraph
18 hereof. Any proceeds remaining after defraying such costs shall be
distributed to beneficial owners, including lianholders of record.
C. Failure to Reconstruct or Repair. If it is determined,
as provided in paragraph 18 hereof, that the damage for which the proceeds
are paid shall not be reconstructed or repaired, the remaining proceeds
shall be distributed to the beneficial owners, including lienholders of
record.
d. Damage and Destruction. Damage or destruction of the
cosseon areas or units shall be promptly repaired and restored by the Board
using the proceeds of insurance for that purpose, and the unit owners shall
be liable for assessment for any deficiency.
Any reconstruction or repair should be in accordance
with the plans and specifications of the original building, unless
otherwise agreed upon and approved by the Board of Directors and, for such
time as it owns unsold units, the Declarant.
20. Party walls. Each wall which is built as a part of the
original construction of the units and placed on the dividing line between
the units shall Constitute a party wall, and the general rules of law
regarding party walls and liability for property damage due to negligence
or willful acts or omissions shall apply thereto.
RODMtmEE. Ryais. laas roa15E"U h Casrn RECEIVED
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DCM- MHD CITY

21. Conveyance of Units. In the avant that any person, firm or
corporation who owns a unit shall desire to sell such unit, then the said
unit which such owner shall desire to sell shall, if the Declarant owns one
or more unsold units, first be offered for sale to the Declarant at the
same price and on the same terms under which the highest bona fide offer
has been made to the owner for the said unit. The owner desiring to sell
such unit shall give the Declarant written notice by registered mail,
return receipt requested, of the owner's desire to sell such Unit and shall
further advise the Declarant of the name and address of the person, firs or
corporation making such highest bona fide offer as well as the amount and
terms of said offer. A copy of such notice shall be sent simultaneously to
the Board of Directors by registered mail, return receipt requested. The
Declarant shall have a period of twenty (20) days after receipt of said
written notice within which to exercise its option to purchase Said Unit at
the same price and on the same terms as the highest bona fide offer and
shall have an additional period of not less than twenty (20) days within
which to close the said transaction. The foregoing repurchase option
granted to the Declarant shall expire after the initial sale of the last
Unit owned by the Declarant or three years from the date of this
Declaration, whichever shall occur first. In the event that no notice of
intent to purchase is given to the Declarant, or if the Declarant-s option
to repurchase has expired, the unit owner desiring to sell such unit shall
then offer the same for sale to the Board of Directors at the same prim
and on the same terms under which the highest bona fide offer has been made
to the owner for said unit. The owner desiring to sell a Unit shall convey
his offer to the Board of Directors in writing by registered mail, return
receipt requested, again advising the Board of Directors of the name and
address of the person, firm or corporation making said highest bona fide
offer as well as the amount and terms of Said offer. The Board of
Directors shall have a period of ten (10) days (20 days if the Declarant's
repurchase option has expired) after receipt of said offer Within which to
Signify its intent to purchase such unit at the same price and on the some
terms as the highest bona fide offer and shall have an additional period of
not less than twenty (20) days within which to Sloss the said transaction.
The Board of Directors may elect to purchase such unit on behalf of all of
the remaining unit owners as a group; or, if the remaining Unit owners as a
17
RouNraEE. RYALS. JACE5UN, $EAGLE k CAmrra
.._..,.,......._... _ RECEIVED
JUN 2 0 2016

group do not wish to purchase such unit, then on behalf of any one or more
individual unit owners. In the event the Board of Directors shall elect to
purchase a unit offered for sale on behalf of the remaining unit owners as
a group, the cost thereof shall be shared by the remaining unit owners in
equal shares. Any profit or loss realized upon the sale of a unit so
acquired by the Board of Directors shall likewise be shared equally by the
remaining unit owners. In the event that the Board of Directors shall
elect to purchase a unit offered for sale on behalf of any one or more
individual unit owners, then the cost thereof shall be shared by such
purchasing unit owners in such proportion as they shall agree upon.
The Declarant and/or the Board of Directors, as applicable,
upon the request of a selling unit owner, shall execute in recordable form
an instrument indicating compliance with the terms and conditions of this
paragraph by the selling owner, or waiver of said terms and conditions by
the Declarant and/or the Board of Directors, as applicable. such an
instrument, executed by the President or the Vice President and attested by
the Secretary, shall, upon recording, be conclusive evidence of compliance
or waiver of the provisions of this paragraph, as the case may be.
Any sale, transfer or conveyange which is not authorized by
the terms of this Declaration or for which authorization has not been
obtained pursuant to the terms hereof is voidable for a period of two
calendar years from the recording of Seller's deed, and may be voided by
certificates of the Board of Directors or Declarant, as applicable, duly
recorded in the recording office where this Declaration is recorded.
22. Mortgage of Units. Any unit owner may give a deed of trust
of mortgage on his unit without prior notice to or authorization by the
Declarant or the Board of Directors of the Association; provided, however,
that any unit owner giving a deed of trust or mortgage on his unit, shall
simultaneously with the recording thereof, record a Request for Notice as
Provided by law, providing that a foreclosing mortgagee shall provide
notice of the institution of foreclosure proceedings to the Board of
Directors of the Association.
( 23. Partitioning_ The common area and facilities shall not be
divided nor shall any right to partition any part thereof exist. No unit
owner may subdivide or convey any part of his unit; but provided, however,
is
ROUNTREE. RrAu. JArrsue. SLAGIE & CARTER
RECEIVED
JUN 2 0 2016
DCM- MHD CITY

CS
.that nothing herein contained shall be deemed to prevent ownership of a
condominium unit by the entireties, jointly or in common, or in any other
form by law permitted.
24. Rental of Units. Unit owners may lease their units. but
provided, however, that any lessee shall be bound by the applicable
restrictions contained in this Declaration, by rules and regulations
warted by the Board of Directors of the Association, and by such
reasonable restrictions on such rentals ac may be adopted by the said Board
of Directors. Nothing contained herein shall be construed, nor shall the
Board of Directors be empowered: to create a rental pool, to require the
employment of an exclusive rental agent, to fix rental rates, or to require
that units be made available for rent.
25. Amendment of Declaration. This Declaration may be amended
by the Declarant at any time prior to the conveyance of 120 units, and
thereafter by the vote of at least 66 2/3e in common interest of all unit
owners, cast in person or by proxy, at a meeting duly held in accordance
with the provisions of the By-laws. No such amendment shall be effective
until duly and properly recorded in the Office of the Register of Deeds
wherein this initial Declaration is recorded.
26. Law Controlling This Declaration and the By-laws attached
hereto shall be construed in the Light of and controlled by and under the
laws of the State of North Carolina.
IN WITNESS WHEREOF, the Declarant hereinabove named, has caused
this instrument to be signed in its corporate name by its duly authorized
officers and its seal to be hereunto affixed by authority of its Board of
Directors, the day and year first above written.
ATTEST: CHARISMA, INC.
By
secretary President
(SEAL)
DR. MORRIS L. CHERRY
(SEAL)
MARY LUCY CHERRY
19
Ruvwrmtf. R%%L,. JACKSON. SFA4tx i C•aru
RECEIVED
JUN 2 0 2016
DCM- MHD CITY

STATE OF NORTH CAROLINA
COUNTY OF
I, a Notary Public of the aforesaid
County and State, do hereby certify -that personally appeared before me this
day George Harriss, who being by me duly sworn, says that he is the
President of CHARISMA, INC., and that he knows that
is the Secretary, and that he knows the common seal of the said
corporation; that the corporation's name was subscribed to the within
Declaration by him as President and was attested by its Secretary; with its
corporate seal thereto affixed and that all was done by order of its Board
of Directors duly given, and that the said instrument is the act and dead
of said corporation.
WITNESS my hand and notarial seal, this the day of
1981.
Notary Public
Hy Commission Expires:
STATE OF NORTH CAROLINA
COUNTY OF
1, , a Notary Public of the aforesaid
County and State, do hereby certify that DR. MORRIS L. CHERRY and wife,
MARY LUCY CHERRY, personally appeared before me this day and acknowledged
the execution of the foregoing instrument.
WITNESS my hand and notarial seal, this the day of
. 1981.
Notary Public
my Commission Expires:
RECEIVED
IG JUN 2 0 2016
ROUNTREE. RTAti. JACKSON. SEAGLm / CARTER
DCM- MHD CITY

AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION
Name of Property Owner Requesting Permit:
C 5D EFS G U/v00-5
Mailing Address: 3DS (i/014/y%!<`ACF UffG(/JE/1%2
R j!L_JA }l0 C/rY, //,(- ZBS.-,
Phone Number: q —;1?-70)Y
Email Address: UTAOL CONlT/�Gl�%/D AlG.GaM
I certify that I have authorizedN/% ,
Agent / Contractor
to act on my behalf, for the purpose of applying for and obtaining all CAMA permits
necessary for the following proposed development:RrMooi_�_
of 0oA f OoU�
at my property located at W w FO, E%I%AC,W %O 541,10G e/QG11 �L-'
in (if 1�' _k k t % County. �T
1 furthermore certify that 1 am authorized to grant, and do in fact grant permission to
Division of Coastal Management staff, the Local Permit Officer and their agents to enter
on the aforementioned lands in connection with evaluating information related to this
permit application.
Property Owner Information:
i ature
Print or type Name
fiel
Title
'�4_i-/i/-
Date
This certification is valid through / /_
RECEIVED
JUN 2 0 2016
DCM- MHD CITY

Bogue Shore Suites HOA Board
1241 Marbank Street
Wake Forest, NC 27587
June 18, 2016
Field Representative
Heather Styron
Division of Coastal Mgmt.
NCDENR
400 Commerce Avenue
Morehead City, NC 28557
Dear Ms. Styron:
The Bogue Shore Suite HOA Board would like to make further improvements to the current
configuration of our dock located at 1918 West Fort Macon Road, Atlantic Beach, NC 28512 (Figures 1
and 2). This is in reference to our current Permit Number 189-05. Since this improvement includes the
addition of 6 new boat slips, you informed us this requires a CAMA Major Development Permit (DCM
MP-1) application that is enclosed. Please note that the enclosed improvements still remain within our
original dock footprint. Also, there will be no Excavation and Fill (DCM MP-2); no Upland Development
(DCM MP-3); and no Bridge & Culverts (DCM MP-5) so these forms were not completed. However,
Structures (DCM MP-4) form was completed due to dock construction in public trust waters.
The enclosed dock improvement drawing (Figure 3) was discussed with you and Shannon Jenkins of
Shellfish Sanitation on November 10, 2014. Presently, we have a 48' floating dock extending from a 105'
fixed dock and want to add a 100' floating extension (colored yellow on the drawing) perpendicular to
the existing 48' floating dock. Also, in order to install the new floating dock a portion of the fixed dock
that extends west (colored gray on the drawing) will have to be removed. An 8'X 32' floating dock
located at the end of the fixed dock (colored gray) will be moved and become a section of the new 100'
floating dock. The new floating dock will have a total of 16 slips with no boat services provided.
If you have any questions about the requested changes to our existing dock, please contact me at (954)
665-5169.
jSi_n/cerely,
Ed Hite
RECEIVED
JUN 2 0 2016
DCM- MHD CITY

PAT MCCRORY
Governor
Environmental
Quality
Carteret News Times
PO Box 1679
Morehead City, NC 28557
Re: Public Notice — Bogue Shore Condos, Atlantic Beach
Dear Sir:
DONALD R. VAN DER VAART
Secretary
BRAXTON DAVIS
Director
June 30, 2016
Please publish the attached Notice in the 7/3/16 issue of the Carteret News Times.
The State Office of Budget and Management requires an original Affidavit of Publication prior to
payment for newspaper advertising. Please send the affidavit, an original copy of the published
notice, and an original invoice to Arthur Stadiem, NC Division of Coastal Management, 400
Commerce Avenue, Morehead City, North Carolina 28557, Telephone [phone].
Thank you for your assistance in this matter. If you should have any questions, please contact me
at our Morehead City office.
Sincerely,
{keaEher/4,-apn
Heather M. Styron
Coastal Management Representative
Nothing Compares -
State of North Carolina I Environmental Quality
1601 Mail Service Center I Raleigh, North Carolina 27699-1601
919-707-8600

W
NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
The Department of Environment and Natural Resources hereby gives public notice as required by NCGS
113A-119(b) that application for a development permit in an Area of Environmental Concern as designated under the
CAMA was submitted and accepted as complete on 6/20/16. According to said application, Bogue Shore Condos is
proposing to reconfigure the existing 10-slip docking facility and add 6 additional slips in Atlantic Beach, NC. A
copy of the entire application may be examined or copied at the office of Heather Styron, NC Division of Coastal
Management, located at 400 Commerce Avenue, Morehead City, NC, [phone] during normal business hours.
Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue,
Morehead City, N.C. 28557, prior to 7/11/16, will be considered in making the permit decision. Later continents will
be accepted and considered up to the time of permit decision. Project modification may occur based on review and
comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided
upon written request.
PUBLISH ON: 7/3/16

4
Styron, Heather M.
From: Legals <[e-mail]>
Sent: Friday, July 01, 2016 8:10 AM
To: Styron, Heather M.
Subject: Re:
This ad is set and scheduled to run on July 3, 2016
in the amount of $ 44.99.
Proof:
NOTICE OF RUNG OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) Nat application for a development permit in an Area of Environmental Concern as designated under the
CAMA was submitted and accepted as complete on 6/20/16. According to said application, Bogue Shore Condos is proposing to reconfigure the existing 10-slip docking facility and add 6 additional slips In Atlantic Beach,
NC. A copy of the entire application may be examined or copied at the office of Heather Symon, NO Division of Coastal Management, located at 400 Commerce Avenue, Morehead City, NO, (252) 808-280B during normal
business hours.
Comments mailed to Braxton C. Davis, Director, Ovision of Coastal Management, 400 Commerce Avenue, Morehead City, N.C. 28557, prior to 7111116. will be considered in making be permit decision. later comments
Wit be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of be permit decision in this matter Wil
be provided upon mitten request.
Jy3
On Jun 30, 2016, at 2:28 PM, Styron, Heather M. wrote:
Carteret News Times June 30, 2016
PO Box 1679
Morehead City, NC 28557
Re: Public Notice — Bogue Shore Condos, Atlantic Beach
Dear Sir:
Please publish the attached Notice in the 7/3/16 issue of the Carteret News Times.
The State Office of Budget and Management requires an original Affidavit of Publication prior to payment
for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an
original invoice to Arthur Stadiem, NC Division of Coastal Management, 400 Commerce Avenue,
Morehead City, North Carolina 28557, Telephone [phone].
Thank you for your assistance in this matter. If you should have any questions, please contact me at our
Morehead City office.
Sincerely,
fEeaEilu%ti,Sf+ On
Heather M. Styron
Coastal Management Representative
NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR

15
DEVELOPMENT PERMIT
11
The Department of Environment and Natural Resources hereby gives public notice as required by NCGS
113A-119(b) that application for a development permit in an Area of Environmental Concern as designated under
the CAMA was submitted and accepted as complete on 6/20/16. According to said application, Bogue Shore Condos
is proposing to reconfigure the existing 10-slip docking facility and add 6 additional slips in Atlantic Beach, NC. A
copy of the entire application may be examined or copied at the office of Heather Styron, NC Division of Coastal
Management, located at 400 Commerce Avenue, Morehead City, NC, [phone] during normal business hours.
Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue,
Morehead City, N.C. 28557, prior to 7/11/16, will be considered in making the permit decision. Later comments will
be accepted and considered up to the time of permit decision. Project modification may occur based on review and
comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided
upon written request.
PUBLISH ON: 7/3/16
Heather M. Styron
Field Representative
NC Divison of Coastal Managment
NC Department of Environmental Quality
252 808 2808 ext.216 Office
heather.m.stvronQncdenr.gov Email
400 Commerce Ave.
Morehead City, NC 28557
<image001.png>
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

Judy Allred
Legal Assistant - Carteret County News -Times
4206 Bridges Street I Morehead City, NC 28557
Phone: [phone] ext. 207 Fax: [phone]
[e-mail] - www.CarolinaCoastOnline.com

V
NC Division of Coastal Management
Major Permit Application Computer Sheet
(,Y 7/0.112O12)
Applicant: Pensacola Yacht Club, LLC
Ut� 1W 5 _
Date:-6f2FiB ) t
Project Site County Carteret
Staff: HMS
District: ❑Elizabeth City ❑Washington
®Morehead City []Wilmington
Project Name: Pe,e.;�eTeat aaa;-ohannel-rmainkexeay.
_ate of initial application submittal (EX;_1/6/2007); 5116116
Date application "received as complete" in the Field office ; 6/20/16
Permit Authorization: 0CAMA ❑Dredge & Fill ❑Both
SITE DESCRIPTION/PERMIT INFORMATION
PNA: []Yes NNo
Photos Taken: Yes ❑ No®
Setback Required (riparian): EYes ❑No
Critical Habitat: [-]Yes NNo ❑Not Sure
15 foot waiver obtained: ❑Yes NNo
Hazard Notification Returned:
❑Yes ENo
SAV: ❑Yes NNo ❑Not Sure
Shell Bottom: ❑Yes [_]No []Not Sure
Temporary Impacts: EYes []No
Sandbags: ❑Yes []No ❑ Not Sure
Did the land use classification come from
county LUP: []Yes NNo
Mitigation Required (optional):
❑Yes ENo
Moratorium Conditions: ❑Yes []No
❑NA
Environmental Assessment Done:
❑Yes ENo ❑NA
SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4)
WETLANDSIMPACTED
❑ (404) Corp. of Engineers (Jurisdictional
❑ (LS) Sea lavender (Limonium sp.)
❑ (SS) Glasswort (Salicornia sp.)
wetlands)
❑ (CJ) Saw grass (Cladium jamaicense)
❑ (SA) Salt marsh cordgrass (Spartina
❑ (SY) Salt reed grass (Spartina
alterniflora)
cynosuroides)
❑ (DS) Salt or spike grass (Distichlis spicata)
❑ (SC) Bullrush or three square (Scirpus sp.)
❑ (TY) Cattail (Typha sp.)
❑ (JR) Black needlerush (Juncus
(SP) Salt/meadow grass (Spartina patens)
roemerianus)
APPLICATION FEE
❑ No fee required - $0.00
III(A) Private w/ D&F up to 1 acre; 3490 can
E III(D) Priv. public or comm w/ D&F to 1 acre;
be applied - $250
3490 can't be applied - $400
❑ Minor Modification to a CAMA Major permit -
❑ Major Modification to a CAMA Major permit
❑ IV Any development involving D&F of more
$100
-$250
than 1 acre - $475
❑ Permit Transfer - $100
❑ III(B) Public or commercial w/ D&F to 1
❑ Express Permit - $2000
acre; 3490 can be applied - $400
❑ Major development extension request -
N 1. Public or commercial/no dredge and/or fill
$100
-$400
❑ I. Private no dredge and/or fill - $250
❑ Ill(C) Priv. public orcomm w/D&F to 1 acre;
3490 can be applied; DCM needs DWQ
agreement - $400

(17
NC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3)
Applicant: Bogue Shore Condos
Date: 6/30/16
Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of
measurement found in your Activities code sheet.
TYPE
REPLACE
Activity Name
Number
Choose
Choose
Dimension 1
Dimension 2
Dimension 3
Dimension 4
One
One
Marina
1
New Work ❑
Replace
1,664
6 new
10 existing
expansion
Maint ®
❑ Y ON
Pier floating
1
New Work E
Replace
100,
8'
Maint ❑
❑ Y ON
1
New Work E
Replace
Floating platform
Maint ❑
❑ Y ❑ N
48'
8'
6
New Work ❑
Replace
Finger piers
Maint E
❑ Y ON
20'
4
New Work E
Replace
Maint ❑
❑ Y ON
New Work E
Replace
Maint ❑
❑ Y ❑ N
New Work E
Replace
Maint ❑
❑ Y ❑ N
New Work E
Replace
Maint ❑
❑ Y ❑ N
New Work E
Replace
Maint ❑
❑ Y ❑ N
New Work E
Replace
Maint ❑
❑ Y ❑ N
New Work E
Replace
Maint ❑
❑ Y ❑ N
New Work E
Replace
Maint ❑
❑ Y ❑ N
New Work E
Replace
Maint ❑
❑ Y ❑ N
New Work E
Replace
Maint ❑
❑ Y ❑ N
-
New Work E
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N

G
Applicant: Pefrsmat2-Yacht-6iu LLC
Date:SF2H8
Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement
found in your Habitat code sheet.
Habitat Name
DISTURB TYPE
Choose One
TOTAL Sq. Ft.
(Applied for.
Disturbance total
includes any
anticipated
restoration or
tem im acts
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
Shallow-Bettom
Dredge ® Fill ❑ Both ❑ Other ❑
4'664—
.1 664'
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 ❑

Environmental
Quality
July 11, 2016
Bogue Shore Condos
C/o Herbert Hite
1241 Marbank St.
Wake Forest, NC 27587
Dear Sirs:
PAT MCCRORY
Govemor
DONALD R. VAN DER VAART
Secretary
BRAXTON DAVIS
Director
The NC Division of Coastal Management hereby acknowledges receipt of your application for State
approval for development of your project at 1918 West Fort Macon Road in Atlantic Beach, Carteret
County. The application was received as complete on 6/20/16, and appears to be adequate for processing at
this time. The projected deadline for making a decision is 9/3/16. An additional 75-day review period is
provided by law when such time is necessary to complete the review. If you have not been notified of a
finalaction by the initial deadline stated above, you should consider the review period extended. Under
those circumstances, this letter will serve as your notice of an extended review. However, an additional
letter will be provided on or about the 75th day.
If this agency does not render a permit decision within 70 days from 6/20/16, you may request a meeting
with the Director of the Division of Coastal Management and permit staff to discuss the status of your
project. Such a meeting will be held within five working days from the receipt of your written request
and shall include the property owner, developer, and project designer/consultant.
NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed
development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the
property of your proposed development. You should post this notice at a conspicuous point along your
property where it can be observed from a'public road. Some examples would be: Nailing the notice card
to a telephone pole or tree along the road right-of-way fronting your property, or at a point along the road
right-of-way where a private road would lead one into your property. Failure to post this notice could result
in an incomplete application.
An onsite inspection will be made, and if additional information is required, you will be contacted by the
appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing
if you wish to receive a copy of my field report and/or comments from reviewing agencies.
Sinc ely, 1 ; ,
t
Heather M. Styron
Coastal Management Representative
Nothing Compares"-% ,
State of North Carolina I Environmental Quality
1601 Mail Service Center I Raleigh, North Carolina 27699-1601
919-707-8600

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