109-15 Gull Harbor Yacht Club

Permit Class,
NEW
Permit Number
109-15
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Vermit
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 Gull Harbor Yacht Club, c/o Will S. Wallin,109 Gull Harbor Drive, Newport, NC 28570
Authorizing development in Carteret County at adjacent to Boetie Sound at 127 Gull
Harbor Drive in Newport as requested in the permittee's application dated 05/30/15 including attached
workplan drawings (24 of 4) dated received 06/02/15.
This permit, issued on October 1, 2015 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
ie subject to fines, imprisonment or civil action; or may cause me permit to oe null anu vuiu.
Docking Facility
1) This permit authorizes only the expanded slips, finger piers, and other structures 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 expanded docking
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
expanded docking facility. Any sewage discharge at the expanded docking facility shall be
considered a violation of this permit for which the petmittee is responsible. This prohibition shall be
applied and enforced throughout the entire existence of the permitted structure.
(See attached sheets for Additional Conditions)
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, 2018
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DEQ and the
Chairman of the Coastal Resources Commission.
BraWn C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Gull Harbor Yacht Club
Permit No-109-15
Page 2 of 3
ADDITIONAL CONDITIONS
3) 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.
4) 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 structure in order to make it more visible during hours of darkness or
inclement weather.
5) This permit authorizes a maximum of 5 new formalized boat slips for a total of 35 slips.
6) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable
waters at or adjacent to the authorized work.
7) The construction and/or operation of the authorized facilities shall not directly result in any closure of
any waters that are open to the taking of shellfish. Any such closure directly attributable to the marina
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 closure.
General
8) If a court of competent jurisdiction determines. that a party other than the permittee has legal title to any
part of the area approved for development under this permit, this permit shall be null and void as to the
area the court determines is not owned by the permittee. This condition shall take effect on the date
such court judgment becomes final. In such event, the permittee shall consult DCM prior to initiating or
continuing any further development under this permit.
9) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
10) 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.
11) No excavation or filling of any open water area or vegetated wetlands is authorized by this permit
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 by way of General Permit
197800056 (Action ID No. SAW-2015-01527).
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 3883 and assigned the project DWR Project No.20150638.

1
Gull•Harbo,r Yacht Club Permit No.109-15
Page 3 of 3
ADDITIONAL CONDITIONS
NOTE: The N.C. Division of Energy, Land, and Mineral Resources exempted the proposed project and
assigned it Stormwater Project No. SW8 150619.
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 $250 was received by DCM for this project.

= NP-1
APPLICATION for
Major Development Permit
(last revised 12127106)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/ Landowner Information
Business Name 1
1 Hk i V 4x k+
/ l
l 1 tJ
Project Name (1 applicable)
pro o d J S
Applicant 1: First Name
Wttl
MI
S.
Last Name ,
k2lP111/�
Applicant 2: First Name
MI
Last Name
Nadditional applicants, please attach an additional page(s) with names listed.
Mailing Address I09 (
PO Box
City
New
O rt
N C,
ZIP ,N�17���--� p�
` 170
Country p�
W$ 11
Phone No.
I {-�I-�
Ja R° -J "i /7axt
FAX No.
z -tRb - 5y77
Street Address (d ddfemnt from above)
City
I State
ZIP
Email
ail to e 0
� (Ko:t C aV-k
2. Agent(Contractorinformation
Business Name
zrpok5 I
}I ry
Agent/ Contractor 1: First Name
MI
Last Name
Q ks
Agent/ Contractor 2. First Name
MI
Last Name
Mailing Address
'
PO Box
City
Stale,
5b
AC 5
ZIP
Phone N . 1
Phone No. 2
9Vf
ext.
ext.
FAX No.
Contractor #
Street Address (if dilferent from above)
City
State
ZIP
«E
JUN 9, 9
Email
L'.. .. iyl. lry
<Forrn continues on bi
JUN 0 2 2015
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Form DCM MP-t (Page 2 of 4)
APPLICATION for
Major Development Permit
3. Project Location
County (can be multiple)
Care
Street Address
4
State Rd. #
.Pt
1XI Gull n
Ia 8
Subdivision Name
Gtxl1 &A r—
city
+JeU3 o
state
NC
Zip
's'?
Phone No.
Lot N .(s) (d many, attach additional page with 1W)
- - ext.
a. In which NC river basin is the project located?
It. Nameof body of water nearest to proposed project
WASAL
U
a Is the water body identified in (b) above, natural or manmade?
d. Name the major water body
the proposed project site.
2Jatural ❑Manmade ❑Unknown
`e 0
e. Iss p?pposed work within city limits or planning jurisdiction?
f. If applica e, list the planning jurisdiction or city limit the proposed
work falls within.
Lyles ❑No
More h C, N C
J
4. Site Description
a.
Total length of shoreline on the tra .)
t
b. Size of entire tract (sci t.)
NEB
3,q7 acre
c.
Size of individual lots) A�
d. Approbmate elevation of tract above NHW (normal high water) or
/ II
NWL (normal wate-.rIt!ieveo
(ff many lot sizzes, please attach additional page with a list)
9 HW or ❑NWL
e.
Vegetation on tract
L
Man-made features and uses now on tract
A6C� cC d
4Af3 r �te0'S
g.
Identify and describe the wasting land uses adjacent to the proposed project site.
C eSid�,A' � hom-e
h.
How does local government zone the tract?
t. Is the proposed project consistent with the applicable zoning?
LASE 060 5-0S r• O- f AJ4—
(Ada zoning compliance certificate, if applicable)
zoning
[�]1'es []NA
J.
Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes o
7Er E
k.
Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ❑No ❑NA
JUN 2 91
If yes, by whom?
LaC:nti-opn�
I.
Is the proposed project located In a National Registered Historic District or does it involve a ❑Yes G34o ❑NA
National Register listed or eligible property?
<Form continues on next page>
JUN Q 2 2015
u4..lkPhil:74 �ilX
252-808-2808 .. 1.888-4RCOAST .. www.noconstalmonagament.net

Form DCM MP-1 (Page 3 of 4)
APPLICATION for
Major Development Permit
m. () Are there wetlands on the she?
❑No
Am
(t) Athere coastal wedands on the she?
,..//
Dyes []No
(iii) If yes to either (i) or (ii) above, has a delineation been conducted?
❑Yes ®Flo
(Attach documentation, if available)
D
n. Describe existing wastewater treatment facilities.
o. Describe existing drinking water supply source.
/
I
p. Describe existing storm water management or treatment systems.
5. Activities and Impacts
a. Will the project be for commercial, public, or private use? ❑C� mercial [Public/Governmentjf rivate/Communhy
b. Give a brief dascripti of purpose, use, and daily operations of the project when completer. I )
Poc I,n+c� Ccl.1 , AWI`ln)4 6f �it�e �eGFe�trGnla l
�oa--ts
c. Describe the proposed construction methodology, types of construction equipment to be used during confruction, the numberofeach type
of equipment and where h is to be stored. 4e �Af�Q 0 l+) hYAM � j. CA,,^t„ {,o�
lx�cs �' �or►�e— 5 p ��ll b rl� SvickA.�dv`uot-1 S/
tl-e Se�%trJ ur �Nte
d. List all development activities you propos1e.,
lace �fNe ajldtl�,ONat.. S�%pg aJ eXl�i dtx
e. Are the proposed activities maintenance of an existing project, new work, or both?
L What is the approximate total disturbed land area resulting from the proposed project? ❑Sq.Ft or ❑Acres
g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ❑NA
that the public has established use oft
h. Describe location and type of existing and proposed discharges to waters of the state.
RECEIVE
JUN 2 9 y(
I. Will wastewater or stormwater be discharged into a wetland? ❑Yes jWo —❑NA
If yes, will this discharged water be of the same salinity as the receiving water? []Yes []No In
j. Is there any mitigation proposed? ❑Yes Oro ❑NA
If yes, attach a mitigation proposal.
,�r.CEiVED
<Fonn continues on back>
AJN 0 2 2015
,lily.
252-808.2808 :: 1-888.4RCOAST :: www.nccoastatmanagement.net

Form DCM MP-1 (Page 4 of 4)
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) - (9 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 authorized work, dearly 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 she.
d. A copy of the dead (with state application only) or other instrument under which the applicant claims tide to the affected properties.
a. 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 realm 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 Cf�t..t0 t is Phone No. ---
Address j �t V s Ieao,, �}oll o\ �b�N et�pa t�- 1A L
Name/+�����15��� ,\ ��n Phone No.
Address 1Fi.a ��Ldl i �r �� 'V f_'.unMll'+ Nc-
Name Phone No.
Address
g. A list of previous state or federal permits issued for work on the project tract Include permit numbers, permittee, and issuing dates.
-h. Signed consultant or agent authorization form, if applicable.
I. Welland delineation, if necessary.
J. A signed AEC hazard notice for projects In oceanfront and Inlet areas. (Must be signed by property owned
k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), N necessary. If the project Involves expenditure
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act
1 7. Certification and Permission to Enter on Land
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 the information provided in this application Is truthfull tothe blest of my knowledge.
Date S- 3� � �.� � rJ Print Name W0 1, L ►� v� rt l t l /1 RECEIVED
Signature (� l 1UN 2 9 1015
pi i,d.kgr,.= Lti r�,
Please indicate application attachments pertaining to your proposed project
❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts
❑D�,M MP-3 Upland Development ECEvED
CM MP-4 Structures Information ;UN © 2 1015
252-808.2808 :: 1-888-411l :: www.necoastalmanagement.net

Form DCM MP-4
STRUCTURES
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
1. DOCKING FACILITYWARINA CHARACTERISTICS
a. (i) Is the dockingfadlity/marina:
❑Commercial ❑Public/Government [yPrivate/Community
c. (i) Dock(s) and/or pier(s)
(u) Number
(ii) Length
(tv) Width
(v) Floating ❑Yes ❑No
e. (i) Are Platforms included? ❑Yes 9No
If yes:
(ii) Number
(ii) Length
Qv) Width
(v) Floating ❑Yey G No
Note: Roofed areas are calculated from dapline dimensions.
g. (i)( N bar of slips proposed
7
(ii) Number of slips existing
L Check the proposed type of siting:
T Land cut and access channel
❑Open water; dredging for basin and/or channel
❑Open water; no dredging required
❑Other; please describe:
k. Typical boat length: Z-1
M. Cl) W e facility have tie pilings?
es Q Ili
(i) If yes number of be pilings?
[--]This section not applicable
b. (i) Will the facility be open to the general public?
❑Yes E{No
d. (i) Are Finger Piers
included? Ogles ❑No
If yes:
(ii) Number
(iii) Length
3
1 r
(iv) Width
(v) Floating
❑Yes [(NO
f. (i) Are Boatlifts included? []Yes [RNo
If yes:
(ii) Number
(iii) Length _
(iv) Width
h. Check all the types of services to be provided.
❑ Full service, including travel lift and/or rag, repair or
maintenance service
❑ Dockage, fuel, and marine supplies
❑ Dockage (Wet slips') only, number of slips:
❑ Dry storage; number of boats:
IQ Boat ramp(s); number of boat ramps:
❑ Other, please describe:
j. Describe the typical boats to be served (e.g., open runabout,
charter boats, sail boats, mixed types).
0 ri.N rLILV bzwk
I. (i) Will the facifRy be open to the general public?
❑Yes ®No
292-808-2808 :: 1.888-0RCOAST :: www.nccoastaimananement.net revised: 12127/06

Form DCM MP-4 (structures, Page 2 of a)
2 DOCKING FACILITY/MARINA OPERATIONS El 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: P° / h
❑ 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?
e. () Give the location and number of "No Sewage Discharge" signs proposed.
N I FY
(ii) Give the location and number of "Pumpout Available" signs proposed.
1-4 l A-
f. 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?
IQ /A
h. Give the number of channel markers and "No Wake" signs proposed. _
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?
k. Describe design measures that promote boat basin flushing?
2910
1. If this project is an expansion of an existing marina, what types of services are currently provided?
.1 1 1 l 1
m. Is the marinaidocking facility proposed within a primary or secondary nursery area?
Dyes ®fJo
<ECEIb"ED
JUN 0 2 26
252-808.2808 :: 1.888.4RCOAST :: IN .nccoastaimanagemen!LlW revised: 12/27106

Forte DICK MP-4 (Structures, Page 3 of 4)
n. Is the marinaldocking facility proposed within or adjacent to any shellfish harvesting area?
[]Yes Fr140 -) Ut'K)IAA%7rrdA fU'HLZi Ckre C�
o. Is the marinaldocking facility proposed within or adjacerno coastal wetlanda/marsh (CW), submerged aquatic vegetation (SAV), shell bottom
(SB), or �ot'''h���err,, w///tttetlands (WL)? If any boxes are checked, provide the number of square feet affected.
15CW ❑SAV ❑SB
❑WL []None
p. Is the proposed marinaldocking facility located within or within close proximity to any shelihsh leases? ❑Yes 10<0
If yes, give the name and address of the leaseholder(s), and give the proximity to the lease.
3. BOATHOUSE (including covered lifts) p'fhis section not applicable
a. (1) Is the boathouse structure(s):
❑Commercial ❑Public/Govemment ❑Private/Community
(ii) Number
(iii) Length
(iv) Width
Note: Rooted areas are calculated from dnpline dimensions.
4. GROIN (e.g., wood, sheetpile, etc. ffa rock groin, use MP-2, Excavation and Fill.) RThis section not applicable
a. (i) Number
(ii) Length
(iii) Width _
5. BREAKWATER (e.g,, wood, sheetpile, etc.) ethis section not applicable
a. Length
c. Maximum distance beyond NHW, NWL or wetlands
b. Average distance from NHW, NWL. or wetlands
6. MOORING PILINGS and BUOYS his section not applicable
a. Is the structure(s): b. Number
❑Commercial ❑Public/Govemment ❑Private/Community
C. Distance to be placed beyond shoreline _ d. Description of buoy (color, inscription, size, anchor, etc.)
Note: This should be measured from marsh edge, if present.
REGLIV r D
a. Arc of the swing JUN 2 9 2019
7. GENERAL ?ECpVED
JUN 0 2 2015
252-608.2808 :r 1.8884RCOAST :: Wo nccoastaimanagement.net revised: 12/27/06

Forth DOM MP-4 (Structures, Page 4 of 4)
a. Proximity of structure(s) to adjacent riparian property lines
LEi 5, 1
Note: For buoy or mooring piling, use arc of swing including length
of vessel.
c. Width of water body
e. () Will navigational aids be required as a result of the project?
❑Yes [RNO ❑NA
(i) If yes, explain what type and how they will be implemented.
b. Proximity of structure(s) to adjacent docking facilities.
Tor
d. Water depth at waterward end of structure at NLW or NWL
8. OTHER UThis section nor appucaole I
a. ri— 1.,rin}inn'.
5-30- 20t6�
Date
p , 5 I; aA-4(6;-� 46 GHy(
Project N ame
V)t(1 I�JR lt,rJ
Applicant Name
Applicant Signature
RECEIVED
JUN 2 9 2015
252-808.2808 :: 1.888.4RCOAST a wwW.nccoastatmanapement.net revised: 12/27106

6✓2 M15 N.C. Departmert of Emrirormert and Natural Resources to WWI Harbor or, Newport, NC 2W70 - Google Maps
Goo.SIe Drive 82.2 miles, 1 h 41 min
Directions from N.C. Department of Environment and Natural Resources to 127 Gull Harbor Dr
o N.C. Department of Environment and Natural Resources
127 North Cardinal Drive, Wilmington, NC 28405
Head northwest on Cardinal Dr Exn
t a„�,�� �[awM,a�
e wammgion A
toward Market St J'
0.2mi/33s
.WEST "..-s
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m ci�Y Vrotlixe Wla Can"
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[ III
4
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RECEIVED
JUN 2 91015
Take US-17 N and NC-24 E/Rte 24 E/State
24 E to Gull Harbor Dr in Morehead
81.8 mi / 1 h 39 min
hMnJA ww.google.com/maps/oYr/N.0 +Depertmert+d+Esvirorvnet+arrk Nabral+Resartxs+127+Narth+Cardinal+Drive,+Wilmington+NC+28405/127+... 1/3

82?/L015 N.C. Depa4nerf dFsvirpment and Nrtdrral Resources to 127 GLAI Harbor Dr, Newport, NC 28570 - Google Maps
r
2.
Turn right onto US-17 BUS N/Market St
5.5 mi
3.
Keep right at the fork, follow signs for US
-,
k >�
a miai
Nar , ,.. _ I
17 N and merge onto US-17 N
1
\
L N roves
4.
38.2m1i
Use the right 2 lanes to take the N Carolina
.w'l
pp47m O, ,
�In cwI Xao l
24 E/US-17 N ramp to Camp
C;
Lejeune/Morehead City/New Bem,
A 5. Merge onto US-17 N
3.0 mi
N 6. Use the right 2 lanes to take the North
Carolina 24 E exit toward Camp
Lejeune/Morehead City
0.6 mi
f 7. Continue onto NC-24 E/Lejeune Blvd/Rte
24 E/State 24 E
O
Continue to follow NC-24 E/Rte 24 E/State
24 E
33.9 mi
Turn right onto Gull Harbor Dr
N 0 Destination will be on the left
0.3mi/ 59s
®1Y7 Hedw Dr
p 127 Gull Harbor Dr
Newport, NC 28570
These directions are for planning purposes only. You may find that construction
projects, traffic, weather, or other events may cause conditions to differ from the map
results, and you should plan your route accordingly. You must obey all signs or notices
regarding your route.
riots:/Aw .gougle.com/maps/dir/N.C+Departmerd+of+Environmeri+and+Natural+Resources,+127+North+Cardinal+Drive,+Wilmirgton,+NC+28405/127+... 2/3

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Gull Harbor Marina
arina Normal Low Water depths.
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Gull Harbor Marina existing slips: 1-30
Gull Harbor Marina proposed additional slips: A-E
RECEIVED
JUN 2 9 2015
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RECEVED
JUN 0 2 215
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25'
•
16
13' 1 t= A i 13'
Gull Harbor Yacht Club
Proposed construction and repair
to docks at boat ramp as requested by owners
I _I ' 20'
12' I I
y
I Existing Dock I
Install approx 32' of handrail
Boat Ramp
12 4' x 40' section of dock removed and rebuilt
to existing pilings, on an incline to attach dock
to boat ramp walkway w/ 32' handrai on boat ramp side

CAMA permitting office 9/2/2015
302 Courthouse Square
Beaufort, NC 28516
SUBJECT: Major CAMA permit for Gull Harbor Marina
Dear Sir or Madam,
It is my understanding that Gull Harbor Yacht Club is proposing to build four new
slips and a new walkway onto existing "day dock' with railings on walkway at Gull
Harbor Marina in Carteret County off Hwy 24. This request for permit has been
submitted to your office for consideration. The goal of the new walkway and railings is
to prevent people in the Gull Harbor Subdivision from using the "day dock' when
launching boats and would require boaters to board boat from the concrete boat ramp
itself without access to any dock to walk boat from trailer and load boat from a dock.
The boater would have to climb into bow of boat from concrete portion of ramp when
launching boat creating a major inconvenience and potential safety issue. I respectfully
request this CAMA permit be denied due to safety concern and not allow new walkway
and railings and deny any additional slips to be installed so use of existing day dock can
be retained.
Attached diagram shows proposed new walkway railings and new slips.
Due to previous litigation and a very strained relationship between Gull Harbor
Homeowners with to Gull Harbor Yacht Club this letter is submitted by a concerned
anonymous citizen.
Thank you for looking into this matter and considering denial of the major CAMA permit.
RECEIVED
SEP 1 1 10h
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NO. COAl2-1038
NORTH CAROLINA COURT OF APPEALS
Filed: 6 August 2013
JOHN W. WARRENDER, et. al.,
Plaintiffs
V. Carteret County
Nos. 07 CVS 1043
O8 CVS 1270
GULL HARBOR YACHT CLUB, INC.,
et. al.,
Defendants
BRAXTON BROOKS, et. al.,
Plaintiffs
v.
f
GULL HARBOR YACHT CLUB, INC.,
et. al.,
Defendants
Appeal by defendants from order entered 12 March 2010 by
Judge W. Allen Cobb, Jr., orders entered 31 October 2011 and 15
November 2011, and orders and judgments entered 31 October 2011
and 15 and 16 November 2011 by Judge Arnold 0. Jones, II in
Carteret -.County Superior Court. Heard in the Court of Appeals 9
January 2013.
Emanuel & Dunn, PLLC, by Charles J. Cushman, for plaintiff -
appellees John Warrender, Braxton Brooks, Marion Brooks,
Bob Alberti, Grace Bodenstedt, Vernon Jones, Annette Jones,
Chris Knight, Heather Knight, Harry Murphy, Martha Murphy,
Fred Myers, Linda Myers, Walter Phillips, Pam Phillips,
Wallace Shook, Nora Shook, Stanley Warlen, and Judy Warlen.

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Chesnutt, Clemmons & Peacock, P.A., by Gary H. Clemmons,
for plaintiff -appellees Gull Harbor Homeowners Association,
Inc., Elizabeth Sims, Carl D. Wheeler, Jeffrey B.
Schmucker, Ann M. Schmucker, Donald Kirby, Lee Kirby,
Barbara J. Erickson, Ralph E. Willard, Martha S. Willard,
Allen Causey, Debra Causey, Faye S. Brewer, Al Wagner,
Doris V. Wagner, John Bolt, Jo Anne Bolt, Laurie Brown,
Thomas Kriehn, Elizabeth Kriehn, Gordon J. Slaughter, F.
Darline Brady, Dorothy Dorsett, Jennifer A. Ulz, Patricia
S. Foster, Karen Z. McGuiness, James R. McGuiness, Jr.,
Shara C. Livingston, William H. Livingston, Walter Tesch,
Betty Tesch, Benton Paschall, Joan Paschall, Michael P.
Soucie, Jennifer Soucie, Brian Huckle, Mary Huckle, Ronald
R. Spivey, Albert Fleming, Nancy Fleming, Kenneth Ghelli,
Janice Moore, Jamie Pitts, Yvonne Pitts, Bruno Retecki, and
Joanne Retecki.
Ennis, Baynard and Morton, by Ron Medlin, Jr., for
plaintiff -appellee Gull Harbor Homeowners Association, Inc.
Howard, Stallings, From & Hutson, P.A., by Richard P.
Leissner, Jr., for plaintiff -appellees Wayne and Barbara
Young.
Brooks, Pierce, McLendon, Humphrey & Leonard, L.L.P., by
Charles E. Coble, for defendant -appellant Gull Harbor Yacht
Club, Inc.
Phillip H. Hayes, for defendant -appellants Graham Braswell,
Hugh Etheridge, Ken Etheridge, Billy Ray McLeod, William
Moller, John Painter, Scott Rice, William Roche, Peter
Schirm, Harry Schoenagel, Lee Shreve, Brad Sutton, William
Wallin, Richard Willenbrock, Phil Nelson, and Amy Nelson.
CALABRIA, Judge.
Defendants appeal from multiple orders and judgments
entered by the trial court in favor of plaintiffs on claims
involving the restrictive covenants governing the Gull Harbor

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subdivision ("Gull Harbor"). We affirm in part, reverse in
part, vacate in part, and remand.
I.
Factual
and Procedural Background
On 11 April
1972,
developer Walton
W. Smith ("Smith")
acquired a large tract of land in Carteret County, North
Carolina, intending to develop it into Gull Harbor. Gull Harbor
included a marina ("the marina"), which was created by digging a
basin and a channel from a portion of the land in Gull Harbor to
Bogue Sound. Smith subdivided the remainder of Gull Harbor into
lots for single-family homes.
On 19 December 1972, Smith recorded a "General Plan" for
Gull Harbor ("the General Plan"), which included several
restrictive covenants. The General Plan applied to "[t]hat area
described as Blocks A, B, C, of Section 1, of Gull Harbor as
shown on the map described above in Map Book 9, at Page 28."
Under the terms of the General Plan, all residents of Gull
Harbor were required to join a homeowners association, which was
"responsible for the maintenance of the marina, the channel from
the marina to deep water, and all streets unless or until the
maintenance of said streets is assumed by a state or municipal
governmental agency." Each property owner was required to pay
the homeowners association $36.00 per year to fund this

I
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maintenance. On 10 August 1974, the "Gull Harbor Home -Owner's
Association, Inc." ("GHHA") filed Articles of Incorporation with
the North Carolina Secretary of State and began operating as the
homeowners association for Gull Harbor.
The General Plan also provided that " [t] he yacht basin and
boat ramp shall be for the exclusive use of Gull Harbor lot
owners and their house guests[.]" However, Smith, as developer
of Gull Harbor, specifically reserved the right to rent boat
slips in the marina to other individuals "unless or until said
slips are needed by Gull Harbor lot owners who will then be
given preference on a first come first serve basis." The
General Plan was valid "until January 1, 1998, after which time
said covenants shall be automatically extended for successive
periods of ten years unless a majority of the then owners of the
land described in the map change said covenants in whole or in
part."
In January 1973, Smith conveyed the majority of Gull Harbor
to Gull Harbor, Inc. However, Smith retained ownership of the
marina, "together with its appurtenances, launching ramp, docks,
bulkheading and channelization." On 25 June 1987, Smith sold
the marina to Thomas M. Foley ("Foley") and John Robert Vakiener
("Vakiener"). The deed conveying the marina to Foley and

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Vakiener also conveyed "all improvements located thereon,
including but not limited to bulkheading, docks and finger
piers, and electrical and water installations." The deed
specifically was made subject to the "[r]ights of owners in lots
in the Gull Harbor Subdivision to use of that portion of the
property designated as `Gull Harbor Marina' as set out in [the]
General Plan ."
In 1983, a dispute arose between Smith and Gull Harbor
property owners John W. Warrender ("Warrender") and Diane Poole
Warrender regarding six boat slips located near Warrender's lot.
The dispute was litigated and subsequently settled by consent
judgment on 18 May 1984 ("the Smith-Warrender consent
judgment"). Specifically, the Smith-Warrender consent judgment
ensured that the lessees of those six boat slips were not to
trespass upon Warrender's "lawn or land area" and were to
respect Warrender's "privacy and property rights." In addition,
the use of the slips was to be of. such a nature that Warrender
would not be "duly or unreasonably disturbed."
On 3 February 1988, a majority of Gull Harbor property
owners executed and filed a "Revision and Restatement" of the
General Plan ("the Revision"), which amended many of the
covenants included in the General Plan. Under the terms of the

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Revision, the GHHA increased the annual $36.00 per lot
assessment to $60.00 per lot, but limited its contributions for
maintenance of the marina to $3,000.00 per calendar year.
Neither Foley nor Vakiener executed the Revision.
On 3 February
2000,
the
marina was conveyed
to
Byron
T.
Unger ("Unger") and
his
wife,
Anna Monique Kent.
The
deed
to
Unger described the marina as including the same improvements
referenced in the 25 June 1987 deed to Foley and Vakiener and
was explicitly subject to the "[r]ights of owners in the Gull
Harbor Subdivision, if any, to use of that portion of the
property designated as `GULL HARBOR MARINA' as set out in [the]
General Plan. ."
On 27 February 2000, Unger sent a letter to all Gull Harbor
residents indicating that he intended to lease boat slips in the
marina for 99-year terms. Unger proceeded to enter into 99-year
leases for twenty-two of the marina's thirty boat slips. Eight
of the leases were with individuals who were not lot owners in
Gull Harbor ("the non -owners"). In addition, Unger executed two
promissory notes, secured by deeds of trust on the marina, in
the amounts of $220,000.00 and $80,000.00. Unger subsequently
defaulted on both promissory notes and foreclosure proceedings
were initiated.

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On 1 March 2005, the individuals who had entered into 99-
year boat slip leases with Unger filed Articles of Incorporation
for the non-profit corporation Gull Harbor Yacht Club ("GHYC").
GHYC purchased the two promissory notes and corresponding deeds
of trust on the marina for $165,000.00. GHYC then continued
with the foreclosure proceedings and ultimately purchased the
marina at the ensuing foreclosure sale.
Several portions of the marina had been neglected by Unger
and required extensive repairs. These repairs, which totaled
$200,012.23, included replacing the boat ramp, dredging the
marina basin and channel, and repairing the marina bulkheads.
In 2007, GHYC changed the lock that secured the chain across the
entrance to the marina and informed all Gull Harbor lot owners
that it would begin charging them a "user fee" of $200.00 per
year to access the marina boat ramp. In addition, lot owners
would be required to pay $20.00 in order to receive a key to the
locked chain.
On 13 September 2007, Warrender initiated an action against
GHYC in Carteret County Superior Court. On 2 September 2008,
Warrender filed an amended complaint against GHYC as well as the
individual
members
of GHYC
("the
individual
defendants")(collectively
"defendants").
The amended
complaint

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included claims for, inter alia, violation of restrictive
covenants, tortious interference with a contract ("tortious
interference"), trespass, nuisance, unfair and deceptive trade
practices, and injunctive relief. That same day, eighteen other
Gull Harbor property owners (collectively with Warrender, "the
original plaintiffs") filed a companion action against GHYC and
the individual defendants, asserting similar claims. On 29
October 2008, the two cases were consolidated.
On 2 October 2008, defendant Wayne Young ("Young"), a Gull
Harbor property owner who had entered into a 99-year lease with
Unger, filed a motion to dismiss the original plaintiffs'
complaint as to their claims against him. On 31 October 2009,
defendants filed an answer to the original plaintiffs' complaint
which raised several affirmative defenses, including the statute
of limitations and laches. Additionally, defendants included in
their answer a motion to dismiss for failure to join necessary
parties. On 18 February
voluntarily dismissed their
prejudice.
2009, the original plaintiffs
claims against Young without
On 6 October 2009, the original plaintiffs moved for
partial summary judgment on their claims for violation of
restrictive covenants and tortious interference. Defendants

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filed a cross -motion for summary judgment on all of the original
plaintiffs' claims. After a hearing, the trial court entered an
order on 12 March 2010 granting partial summary judgment in
favor of the original plaintiffs on their claims for breach of
restrictive covenants and tortious interference. The trial
court also granted defendants' summary judgment motion as to
plaintiffs' unfair and deceptive trade practices claim, but
denied defendants' motion as to plaintiffs' remaining claims and
defendants' affirmative defenses. Finally, the trial court
ordered "[t]hat the Gull Harbor Home Owners Association, Inc.,
and all current property owners in the Gull Harbor subdivision
are hereby joined, ex mero motu, as necessary parties to this
action."
On 7 February 2011, GHHA and several Gull Harbor lot owners
formally moved to be joined as plaintiffs, and the trial court
granted this motion on 5 April 2011. On 2 June 2011, four
additional property owners moved to be joined as plaintiffs, and
the trial court granted this motion on 23 June 2011.' On 10
February 2011, Young and his wife, Barbara Young (collectively
1 GHHA and the Gull Harbor property owners formally joined by the
trial court as plaintiffs on 5 April and 23 June 2011 are
represented by the same counsel.. These property owners will
collectively be referred to as "the joinder plaintiffs." The
original plaintiffs, the joinder plaintiffs, the Youngs, and
GHHA will be referred to collectively as "plaintiffs."

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"the Youngs"), moved to join the case as plaintiffs, and the
trial court granted their motion on 17 June 2011. After they
joined the instant case, none of the joinder plaintiffs filed a
new complaint asserting their own causes of action against
defendants.
On 2 February 2011, GHYC filed claims against GHHA and all
Gull Harbor lot owners, seeking, inter alia, an extinguishment
of GHHA's right to access the marina due to GHHA's failure to
adequately contribute to the costs of the marina's maintenance.
GHYC also filed a motion pursuant to N.C. Gen. Stat. § 1A-1,
Rule 60(b) (2011) to set aside the trial court's 5 March 2010
partial summary judgment order.
GHHA and the joinder plaintiffs filed motions for summary
judgment as to GHYC's claims on 6 and 8 June 2011. On 1 July
2011, the original plaintiffs filed motions for summary judgment
on their remaining claims. On 15 July 2011, the joinder
plaintiffs filed a similar summary judgment motion. On 17
August 2011, the Youngs filed a motion for summary judgment
seeking a declaration that they possessed riparian rights and
that their 99-year lease was valid.
After a hearing on these various motions, the trial court
entered an "Amended Order and Judgmen on 15 November 2011,
I
206206'

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which granted plaintiffs substantially all of the relief they
sought. In particular, the trial court denied GHYC's Rule 60(b)
motion,' granted plaintiffs' motions for summary judgment against
all defendants for both plaintiffs' original claims and
defendants' claims, and granted plaintiffs declaratory and
injunctive relief. 44e trial court voided the 99-year leases
4Lith the non -owners and ejected those lessees from their boat
slips, declared that Warrender and the Youngs pos#essed riparian
w
# ghts, and ordered GHHA to "exercise dominion and control over
the docks and boat slips at the Gull Harbor Marina, . . . and to
establish rules and regulations for the Gull Harbor Marina."
On 15 November 2011, the trial court entered an "Order and
Judgment" which awarded GHHA $39,755.73 in attorneys' fees and
costs against the individual defendants. Finally, on 16
November 2011, the trial court entered an "Order and Judgment"
awarding the original plaintiffs $154,335.67 in attorneys' fees
and costs against the individual defendants. GHYC and the
individual defendants separately appeal.
II. Gull Harbor Yacht Club
' The trial court entered a separate "Amended Order and Judgment"
which contained findings of fact and conclusions of law that
supported its denial of the Rule 60(b) motion.

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GHYC raises multiple arguments on appeal, including: (1)
that the trial court erred by granting summary judgment in favor
of plaintiffs on their violation of restrictive covenants claim;
(2) that the trial court erred by granting summary judgment in
favor of plaintiffs on their tortious interference claim; (3)
that the trial court erred in the relief granted for GHYC's
violation of the restrictive covenants; (4) that the trial court
erred in declaring that Warrender and the Youngs possessed
riparian rights; and (5) that the trial court erred in
dismissing GHYC's claims against GHHA.
A. Restrictive Covenants
GHYC first argues that the trial court erred by granting
summary judgment in favor of plaintiffs on their violation of
restrictive covenants claim. Specifically, GHYC contends that
(1) the restrictive covenants in the General Plan and its
Revision did not apply to GHYC; (2) that GHYC did not engage in
any conduct that would violate the restrictive covenants; and
(3) that any claim for violation should have been barred by the
doctrine of laches. We disagree.
"Our standard of review of an appeal from summary judgment
is de novo; such judgment is appropriate only when the record
shows that there is no genuine issue as to any material fact

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and that any party is entitled to a judgment as a matter of
law.", In re Will of Jones, 362 N.C. 569, 573, 669 S.E.2d 572,
576 (2008)(quoting Forbis v. Neal, 361 N.C. 519, 524, 649 S.E.2d
382, 385 (2007)).
In addressing a motion for summary judgment,
the trial court is required to view the
pleadings, affidavits and discovery
materials available in the light most
favorable to the non-moving party to
determine whether any genuine issues of
material fact exist and whether the moving
party is entitled to judgment as a matter of
law.
Pine Knoll Assn., v. Cardon, 126 N.C. App. 155, 158, 484 S.E.2d
446, 448 (1997).
1. Application of Restrictive Covenants
GHYC first contends that the restrictive covenants which
were contained in the General Plan and the Revision were not
binding upon it. We disagree.
Restrictive covenants may be enforced by and
against any grantee where the owner of a
tract of land subdivides it and sells
distinct parcels thereof to separate
grantees, imposing restrictions on its use
pursuant to a general plan of development or
improvement . . . . Restrictions under a
general plan of development may be enforced
against subsequent purchasers of the land
who take with notice of the restriction. The
test for determining whether a general plan
of development exists is whether
substantially common restrictions apply to
all similarly situated lots.

Bela
Medearis v. Trs. of Myers Park Baptist Church, 148 N.C. App. 1,
5-6, 558 S.E.2d 199, 203 (2001)(internal quotations and
citations omitted). In the instant case, Smith and his wife,
who were the record owners of the entire Gull Harbor property,
recorded a "General Plan of Subdivision Section I Gull Harbor"
which applied to "[t]hat area described as Blocks A, B, C, of
Section 1, of Gull Harbor as shown on the map described above in
Map Book 9, at Page 28." Smith subsequently conveyed the vast
majority of residential lots in Gull Harbor to Gull Harbor, Inc.
That conveyance was "subject to the Restrictive Covenants of
Record pertaining to said Section One[.]" When Smith later sold
the marina to Foley and Vakiener in 1987, the deed similarly
noted that it was made subject to the "[r]ights of owners in
lots in the Gull Harbor Subdivision to use of that portion of
the property designated as `Gull Harbor Marina' as set out in
General Plan of Subdivision, Section 1, Gull Harbor "
This language continued to appear in all future conveyances of
the marina, including the conveyance to Unger, until GHYC
received its deed. GHYC's deed omitted any explicit reference
to the restrictions.
GHYC contends that the language in the deed from Smith to
Foley and Vakiener created a personal covenant that would have

been enforceable only by Smith. In making its argument, GHYC
relies upon the principle that
in the absence of indications that the land
was subdivided and first conveyed as part of
a general plan by the original grantor to
impose uniform restrictions upon all the
parcels -conveyed, [a covenant in a deed]
would stand merely as an obligation personal
to and enforceable only by the original
grantor.
Hawthorne v. Realty Syndicate, Inc., 300 N.C. 660, 665, 268
S.E.2d 494, 497 (1980) (citing Stegall v. Housing Authority, 278
N.C. 95, 178 S.E.2d 824 (1971) and Sheets v. Dillon, 221 N.C.
426, 20 S.E.2d 344 (1942)).
However, contrary to GHYC's assertions, the restrictive
covenants at issue clearly apply to the marina under the quoted
language in Hawthorne. Smith and his wife originally owned the
entirety of Section I of Gull Harbor. During their ownership,
they recorded the restrictions at issue as part of a general
plan that governed that section, including the marina, and they
included specific provisions regarding access to and maintenance
of the marina in the General Plan. Smith subdivided the
property and sold portions of it to different grantees, and
Smith's conveyances, including the eventual conveyance of the
marina, consistently noted that they were subject to the
previously recorded General Plan. Thus, there were definitive

Mss
"indications that the land was subdivided and first conveyed as
part of a general plan by the original grantor to impose uniform
restrictions upon all the parcels conveyed . . . ." Id.
The fact that the marina parcel was conveyed many years
after the residential parcels does not alter the fact that the
marina was included as part of the recorded map of Section I of
Gull Harbor and that portions of the General Plan specifically
governed the use of the marina by Gull Harbor lot owners. The
General Plan burdened the owner of the marina by requiring the
owner to provide access to the marina and the boat slips therein
to the residents of Gull Harbor, and benefited the owner of the
marina by requiring Gull Harbor residents to contribute
monetarily to the marina's maintenance. If, as GHYC suggests,
the marina was not subject to the General Plan, Gull Harbor lot
owners would have no remedy at law if the marina owners denied
them their right to access the marina as provided by the General
Plan, while leaving them with the burden of providing monetary
support to the marina owner.
Ultimately, the language of the General Plan and Smith's
subsequent conveyances conclusively indicate that Smith intended
for the General Plan to govern all of Gull Harbor Section I,
including the marina property, and "the primary purpose of a

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court when interpreting a covenant is to give effect to the
original intent of the parties[.]" Armstrong v. Ledges
Homeowners AssIn, 360 N.C. 547, 555, 633 S.E.2d 78, 85 (2006)
Moreover, GHYC had notice of the restrictions via the language
noting that the marina property was subject to the General Plan
which was included in multiple deeds in the marina's chain of
title. Accordingly, the trial court properly concluded that the
marina was subject to the General Plan and its Revision, which
was adopted in compliance with the General Plan. This argument
is overruled.
2. Breach of Restrictive Covenants
GHYC next contends that, even if the restrictive covenants
in the General Plan and the Revision were binding upon GHYC as
the owner of the marina, GHYC did not breach those covenants.
We disagree.
"[T]his Court has held that restrictive covenants are
contractual in nature, and that acceptance of a valid deed
incorporating covenants implies the existence of a valid
contract with binding restrictions." Moss Creek Homeowners
Assfn, Inc. v. Bissette, 202 N.C. App. 222, 228, 689 S.E.2d 180,
184 (2010).
Because covenants originate in contract, the
primary purpose of a court when interpreting

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a covenant is to give effect to the original
intent of the parties; however, covenants
are strictly construed in favor of the free
use of land whenever strict construction
does not contradict the plain and obvious
purpose of the contracting parties.
Armstrong, 360 N.C. at 555, 633 S.E.2d at 85.
[A]lthough real property covenants are
typically construed in favor of free use of
land, such construction must be reasonable
and this canon should not be applied in such
a way as to defeat the plain and obvious
purposes of a restriction. In construing
restrictive covenants, the fundamental rule
is that the intention of the parties
governs, and that their intention must be
gathered from study and consideration of all
the covenants contained in the instrument or
instruments creating the restrictions.
Southeastern Jurisdictional Admin. Council, Inc. v. Emerson, 363
N.C. 590, 595-96, 683 S.E.2d 366, 369 (2009)(internal quotations
and citations omitted). In the instant case, plaintiffs
asserted that GHYC breached the restrictive covenants in the
General Plan and the Revision by (1) entering into 99-year
leases with the non -owners and (2) charging Gull Harbor
residents a $200.00 annual user fee for use of the marina.
a. 99-Year Leases
When seeking summary judgment below, plaintiffs first
alleged that the 99-year leases with the non -owners breached the
restrictive covenants. Under the terms of the Revision,

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[t]he yacht basin and the boat ramp shall be
for the exclusive use of Gull Harbor lot
owners and their house guests, except that
the owners of the marina property reserve
the right to rent boat slips to others
unless or until said slips are needed by
Gull Harbor lot owners who will then be
given preference on a first come -first
served basis.
This language indicates that it was the intention of the parties
who enacted the Revision to have the marina operate exclusively
for the benefit of Gull Harbor lot owners. However, the parties
also explicitly agreed to an exception to this exclusive use if
the lot owners declined to take advantage of their rights in the
boat slips. The parties disagree as to whether the 99-year
leases to the non -owners were appropriate under this exception.
Plaintiffs do not dispute that GHYC could enter into leases
for boat slips with individuals who did not own a lot in Gull
Harbor. Rather, plaintiffs contend that the 99-year leases
violated the above language from the Revision because "the 99
year leases constitute effective sales." However, plaintiffs do
not cite to any authority for this proposition and we have found
none in North Carolina. In general, the term of a lease is
established by the parties in the executed lease agreement and
only limited by the term the parties agreed upon. Our Supreme
Court has suggested that even perpetual leases would be

-20-
permissible, so long as certain requirements are met. See
Lattimore v. Fisherfs Food Shoppe, Inc., 313 N.C. 467, 473, 329
S.E.2d 346, 349-50 (1985) (adopting a bright line rule that
"provisions allegedly granting perpetual leases or rights to
perpetual renewals" must contain "the terms `forever', `for all
time', `in perpetuity' or words unmistakably of the same import"
in order for the leases to be upheld). Thus, contrary to
plaintiffs' assertions, the mere length of the leases to the
non -owners is insufficient to alter the character of the leases
and transform them into sales. Since the Revision permits the
owner of the marina to "rent boat slips to others," GHYC did not
violate that. restrictive covenant merely by entering into 99-
year leases with the non -owners.
However, GHYC's authority to lease boat slips to outside
individuals only exists "unless or until said slips are needed
by Gull Harbor lot owners . . . Plaintiffs contend that the
99-year leases render GHYC unable to comply with this limitation
because they do not contain language which would permit GHYC to
dispossess the non -owners from their leases if a Gull Harbor lot
owner desired a boat slip prior to the expiration of the non -
owners' leases and no other slips were available. While
plaintiffs appear to be correct that GHYC would be in breach of

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this provision in the Revision if it failed to provide a boat
slip to a Gull Harbor lot owner that desired a slip, they
presented no evidence to the trial court that this scenario had
ever occurred.
The Revision specifically acknowledges GHYC's right to rent
boat slips to outsiders and places no restrictions on that right
"unless or until said slips are needed by Gull Harbor lot owners
who will then be given preference on a first come -first served
basis." Absent evidence that Gull Harbor lot owners have sought
boat slips in the marina and been unable to obtain them from
GHYC, which is all that is required by the covenant at issue,
there is no basis for concluding that GHYC breached that
covenant by entering into 99-year leases with the non -owners.
Thus, the trial court erred by concluding that GHYC breached the
covenants by merely entering into the 99-year leases with the
non -owners. Since we have determined that the 99-year leases do
not, standing alone, breach the restrictive covenants, we do not
address GHYC's argument that the doctrine of laches bars
challenges to the 99-year leases.
b. User Fee

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Plaintiffs also alleged that GHYC violated the restrictive
covenants by charging all Gull Harbor lot owners a $200.00
annual user fee to access the marina. Under the General Plan,
[GHHA] shall be responsible for the
maintenance of the marina [and] the channel
from the marina to deep water . . . . In
order to accomplish same, and to have funds
in hand therefor, each property owner shall
be required to make an annual deposit of
$36.00 per lot, . . . to be held in escrow
and used at such times as 'maintenance,
upkeep, repair, or deepening of the channel
or marina is deemed necessary. The amount
of this annual fee may be changed only if
deemed necessary by [GHHA] and this shall be
accomplished by a two-thirds vote of its
members.
In the section of the Revision entitled "Community Expenses,"
the Revision amended this provision and established GHHA's new
responsibilities regarding the marina as follows:
All amounts expended by [GHHA] to assist the
owner in maintenance of the marina, the
ramp, and the channel to deep water, shall
be limited to a maximum of $3,000.00 per
calendar year, with any unused portion from
any year being available for use in future
years, if needed, unless otherwise
authorized by the membership by a 2/3 vote .
. Nothing herein contained shall be
construed to pledge the credit of [GHHA] for
such repairs.
Thus, under the terms of the Revision, GHHA was no longer solely
responsible for the maintenance of the marina. Instead, GHHA
would only be required to assist the owner of the marina in

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maintaining the marina in an amount not to exceed $3,000.00 per
year. Nonetheless, beginning in 2007; GHYC restricted access to
the marina to only those Gull Harbor lot owners that paid a
$200.00 annual user fee. The undisputed evidence is that the
purpose of this fee was "so that those who wanted to use the
marina could help pay for its maintenance . . . .
11
Permitting GHYC to collect this user fee would defeat the
purpose of the specific provision in the Revision regarding the
payment of maintenance costs by Gull Harbor lot owners, which
explicitly limited the maximum amount of maintenance costs to be
contributed. Thus, GHYC could not, without violating the terms
of the Revision, attempt to collect further maintenance costs
above and beyond that which are specified in that document.
Accordingly, there is no genuine issue of material fact that
GHYC violated the restrictive covenants in the Revision when it
denied access to the marina by Gull Harbor lot owners until they
paid a $200.00 annual user fee. Therefore, the trial court
properly granted summary judgment in favor of plaintiffs on this
issue. This argument is overruled.
C. Relief Granted by Trial Court
GHYC argues that the trial court erred in the relief it
granted to plaintiffs for GHYC's violation of the covenants.

-24-
"When enforcing a restrictive covenant and restoring the status
quo, a mandatory injunction is the proper remedy." Buie v. High
Point Assocs. Ltd. P�ship, 119 N.C. App. 155, 160, 458 S.E.2d
212,'216 (1995).
The issuance of such an injunction depends
upon the equities of the parties and such
balancing is clearly within the province of
the trial court. Whether injunctive relief
will be granted to restrain the violation of
such restrictions is a matter within the
sound discretion of the trial court . . .
and the appellate court will not interfere
unless such discretion is manifestly abused.
Id. at 161, 458 S.E.2d at 216 (internal quotations and citations
omitted).
In the instant case, the trial court's final judgments and
orders granted the following relief for GHYC's breach of
restrictive covenants: (1) the trial court invalidated the 99-
year leases of the non -owners and ordered the summary ejectment
of the non -owners from their boat slips; (2) the trial court
ordered that "the GHHA shall be put in possession of [the non -
owners' boat slips] for the purpose of determining which lot
owners shall be allowed to lease said slips," the terms of which
were to be consistent with the Revision; and (3) the trial court
ordered that "[GHHA] shall exercise dominion and control over

-2s-
the docks and boat slips at the Gull Harbor Marina, . . . and
establish rules and regulations for the Gull Harbor Marina."
It is apparent from the record that the first and second
forms of relief, and at least portions of the third form of
relief, which were granted by the trial court were premised upon
a determination that GHYC breached the restrictive covenants by
entering into 99-year leases with the non -owners. Since we have
determined that the mere entry into these leases did not violate
the covenants, we must vacate the portion of the trial court's
orders and judgments which ejected the non -owners from their
boat slips and awarded control of those slips to GHHA.
Moreover, GHYC's actual violation of the covenants, which
consisted of denying Gull Harbor lot owners their right to
access the marina unless they paid a $200.00 annual user fee,
does not support either the trial court's award of dominion and
control of the marina to GHHA or the court granting GHHA the
power to establish rules and regulations for the marina, as GHHA
has no ownership interest in the marina under the Revision or
any other instrument. There is nothing in the Revision which
would provide a basis for granting GHHA either possession of or
control over the marina. Instead, the Revision provides GHHA
and Gull Harbor lot owners unfettered access to the marina. and

-26-
the trial court's remedy must be consistent with ensuring that
that access is not impeded by GHYC. Since the trial court's
relief went far beyond simply restoring the status quo required
by the Revision, allowing all Gull Harbor lot owners to access
the marina without the payment of an additional maintenance fee,
the relief granted constitutes an abuse of discretion. Thus, we
must vacate the entirety of the relief granted to plaintiffs as
a result of GHYC's breach of the Revision and remand for the
entry of relief which appropriately restores the status quo in
accordance with the terms of the Revision.
B. Tortious Interference
GHYC argues that the trial court erred by granting
plaintiffs' motion for summary judgment as to their tortious
interference claim. we agree.
The elements of a tortious interference claim are:
(1) a valid contract between the plaintiff
and a third person which confers upon the
plaintiff a contractual right against a
third person; (2) defendant knows of the
contract; (3) the defendant intentionally
induces the third person not to perform the
contract; (4) and in doing so acts without
justification; (5) resulting in actual
damage to plaintiff.
United Laboratories, Inc. v. Kuykendall, 322 N.C. 643, 661, 370
S.E.2d 375, 387 (1988).

-27-
In the instant case, plaintiffs' contract claims were
limited to enforcing their rights under the covenants contained
in the General Plan and the Revision. We have already
determined that GHYC was bound by the covenants contained in
those documents and that, by its conduct, GHYC directly breached
those covenants. Since GHYC directly breached the covenants,
rather than inducing a third party's breach, a tortious
interference claim cannot be applicable to it. Accordingly, the
trial court erred in granting summary judgment to plaintiffs on
this claim. We reverse this portion of the trial court's order
and remand for the entry of summary judgment in favor of GHYC on
plaintiffs' tortious interference claim.
C. Riparian Rights
GHYC argues that the trial court erred when it granted
summary judgment in favor of Warrender and the Youngs for their
claims that they possessed riparian rights. GHYC contends that
(1) these claims were not properly before the trial court; and
(2) that the evidence demonstrated that Warrender and the Youngs
did not actually possess riparian rights.
1. Warrender's Claim
i. Res Judicata

-28-
GHYC first contends that Warrender was barred by the
doctrine of res judicata from asserting his riparian rights
claim, since that claim is foreclosed by the prior Smith-
Warrender consent judgment.
Under the doctrine of res judicata or claim
preclusion, a final judgment on the merits
in one action precludes a second suit based
on the same cause of action between the same
parties or their privies. The doctrine
prevents the relitigation of all matters . .
. that were or should have been adjudicated
in the prior action.
Whitacre P'ship v. Biosignia, Inc., 358 N.C. 1, 15, 591 S.E.2d
870, 880 (2004) (internal quotations and citations omitted). In
the instant case, the Smith-Warrender consent judgment does not
appear to have adjudicated a claim by Warrender for riparian
rights nor does it appear that such a determination was
necessary to that judgment. Instead, the judgment declared that
lessees of six boat slips near Warrender's property would access
those slips without trespassing upon "the lawn or land area" of
Warrender's lot. Therefore, res judicata would not bar
Warrender's claim that GHYC trespassed upon Warrender's riparian
rights in the instant case.
ii. Warrender's Complaint
GHYC also contends that Warrender was not entitled to a
determination of his claim for riparian rights because he did

-29-
not seek that relief in his complaint. However, as part of
Warrender's trespass claim in his complaint, he specifically
alleged that his "property is immediately adjacent to the public
trust waters known as Gull Harbor marina and is riparian
property under the laws of North Carolina; therefore, [GHYC] has
been continuously trespassing on [Warrender]'s property and
usurping [Warrender]'s riparian rights since its inception."
Moreover, in his claim for relief, Warrender specifically sought
"injunctive relief allowing [Warrender], his family, and Gull
Harbor residents, . . . to assert their lawful rights as owner
of the riparian land immediately adjacent to the North Carolina
Public Trust waters known as the Gull Harbor marina[.]"
Thus, in order to fully adjudicate Warrender's claim that
GHYC was trespassing upon his riparian rights, it was necessary
for the trial court to determine whether Warrender validly
possessed those rights in the first place. See Singleton v.
Haywood Elec. Membership Corp., 357 N.C. 623, 627, 588 S.E.2d
871, 874 (2003) ("[A] claim of trespass requires: (1) possession
of the property by plaintiff when the alleged trespass was
committed; (2) an unauthorized entry by defendant; and (3)
damage to plaintiff." (emphasis added and internal quotation and
citation omitted)). Accordingly, the trial court properly

-30-
addressed Warrender's riparian rights claim. This argument is
overruled.
2. The Youngs' Claim
GHYC also contends that the Youngs were not entitled to a
determination of their claim for riparian rights because they
did not file a separate complaint after they were joined as
parties to this action. In their formal motion to join the
instant case as plaintiffs, the Youngs alleged that they had
"riparian rights to the Marina, the channel from the Marina, and
Bogue Sound." They further alleged that "[GHYC]'s assertion of
riparian rights are or may be found to be in direct conflict
with Young's assertion of riparian rights." In their motion for
summary judgment, the Youngs sought for the trial court "to
enter a judgment providing that Wayne and Barbara Young have
riparian rights to the Marina, the channel from the Marina and
Bogue Sound, the right to construct wharfs, piers, or landings
to enjoy their riparian rights . . . However, the Youngs
acknowledge that they never filed a formal pleading after they
were joined as plaintiffs.
Rule 19 of the North Carolina Rules of Civil Procedure
merely requires that "those who are united in interest must be
joined as plaintiffs or defendants." N.C. Gen. Stat. 9 1A-1,

-31-
Rule 19(a) (2011). It does not specifically require the joined
parties to file a separate pleading. Nor have our Courts imposed
such a requirement. Our Supreme Court has acknowledged that a
necessary party joined as a plaintiff is permitted to file a
separate pleading. See Booker v. Everhart, 294 N.C. 146, 158,
240 S.E.2d 360, 367 (1978) ("Absence of necessary parties does
not merit a nonsuit. Instead, the court should order a
continuance so as to provide a reasonable time for them to be
brought in and plead."). However, that Court has also
acknowledged that a necessary party joined as a plaintiff may
choose to file nothing. See Terrace, Inc. v. Indemnity Co., 243
N.C. 595, 599, 91 S.E.2d 584, 588 (1956) (remanding the case so
that a necessary party could be joined as a plaintiff "with
leave either to adopt the complaint or file a new complaint" but
also acknowledging that the newly joined plaintiff could "elect
to refuse to file any pleadings").
In the instant case, when the trial court granted the
Youngs' motion to join as plaintiffs, it necessarily determined
that the Youngs were united in interest with the other
plaintiffs who had already filed claims. Both the Youngs'
motion to join and motion for summary judgment reflect that
their riparian rights claim was based on substantially the same

-32-
allegations as the claim brought by Warrender in his complaint.
We find no authority in either the Rules of Civil Procedure or
in our caselaw which would have required the Youngs to file a
separate pleading after their joinder when their claims were
reasonably represented by the claims already before the court at
the time the_ Youngs were joined. Thus, we hold that the trial
court properly considered the Youngs, riparian rights claim.
This argument is overruled.
3. Evidence Pertaining to Riparian Rights Claims
Finally, GHYC argues that the trial court erred by granting
summary judgment to Warrender and the Youngs because the
undisputed evidence actually reflects that they possess no
riparian rights. "Riparian rights are vested property rights
that . . . arise out of ownership of land bounded or traversed
by navigable water." In re Protest of Mason, 78 N.C. App. 16,
24-25, 337 S.E.2d 99, 104 (1985).
[R]iparian rights are available to the
owners of property that are adjacent to or
encompass bodies of water that are navigable
in fact. The riparian rights available to
the owners of property bounded or traversed
by water are derived from two distinct
properties: 1) the principal estate of land
extending to the shoreline of [the body of
water in question], and 2) the appurtenant
estate of submerged land in [the body of
water in question] benefitting the principal
estate. According to well -established North

-33-
Carolina law, riparian owners have a
qualified property in the water frontage
belonging, by nature, to their land, the
chief advantage growing out of the
appurtenant estate in the submerged land
being the right of access over an extension
of their water fronts to navigable water,
and the right to construct wharves, piers,
or landings . . . .
Newcomb v. Cty. of Carteret, 207 N.C. App. 527, 541-42, 701
S.E.2d 325, 336 (2010) (internal quotations and citations
omitted). In the instant case, the parties dispute whether
Warrender and the Youngs or GHYC owns the bulkhead on the outer
portion of the marina. This bulkhead constitutes the land which
is "adjacent to . . . [a] bod[y] of water that [is] navigable in
fact" and provides the basis for any riparian rights claim. Id.
at 541, 701 S.E.2d at 336.
Warrender and the Youngs contend that the bulkhead
represents the boundary line of their respective properties. In
support of this contention, .Warrender and the Youngs cite the
recorded map of Section I of Gull Harbor from 1972, which shows
the property lines for their respective lots going directly
through the bulkhead. In addition, they rely on a portion of
the metes and bounds description of the marina in the deed from
Smith to Foley and Vakiener which they argue demonstrates that
the bulkhead constitutes their respective property lines:

-34-
. . . thence S 73023' W 131.38 feet to a
point in the bulkhead of the Gull Harbor
Marina; thence with the outside edge of the
said bulkhead the following courses and
distances: N 01055'50" W 88.14 feet; N
13045'07" W 128.26 feet; S 76019145" W 80.90
feet; N 13040115" W 306.83 feet; N 76019'45"
E 149.31 feet; S 13023105" E 128.16 feet to
a PK nail in the bulkhead;
(Emphasis added). Finally, Warrender testified in a deposition
that the Department of Coastal Management had previously
recognized his riparian rights.
In opposition to Warrender and the Youngs' evidence, GHYC
cites several pieces of evidence which it contends unequivocally
demonstrate that the bulkhead belongs to GHYC. First, GHYC
notes that Smith's deed to Foley and Vakiener states that it
conveyed "all improvements located thereon, including but not
limited to bulkheading, docks and finger piers, and electrical
and water installations." This language was included in all
deeds in the marina's chain of title, including the deed to
GHYC. GHYC also contends that the metes and bounds description
of the marina quoted above, specifically the portion referencing
the marina property running "with the outside edge of the said
bulkhead," indicates that GHYC owns the bulkhead. In addition,
GHYC notes that Warrender's property is subject to a fifteen -
foot maintenance easement to allow it to keep the bulkhead in

-35-
good repair, and reasons that its duty to maintain the bulkhead
provides additional evidence that GHYC owns the bulkhead itself.
Finally, GHYC contends that other surveys in the record indicate
that GHYC owns both the bulkhead and a narrow strip of land
between the bulkhead and Warrender and Youngs' respective lots.
Considering the evidence presented by both parties in the
light most favorable to GHYC, as required for our review of a
summary judgment motion, there is a genuine issue of material
fact as to the ownership of the bulkhead adjacent to the
Warrender and Young lots. Since it is necessary to determine
this ownership in order to resolve Warrender and the Youngs'
riparian rights claims, summary judgment was inappropriate. We
must reverse the trial court's grant of summary judgment to
Warrender and the Youngs as to this issue and remand the case
for a trial to determine the true ownership of the bulkhead and
its accompanying riparian rights.
D. Counterclaims
Finally, GHYC argues that the trial court erred by granting
summary judgment in favor of GHHA on its counterclaims. We
disagree.
In the instant case, GHYC's counterclaims were based upon
allegations that GHHA failed to contribute to the maintenance of

-36-
the marina as required by the General Plan. According to GHYC's
allegations, "[t)hrough 2004 GHHA paid some, not all, and not
nearly enough money to the various owners of the Marina to
maintain it." GHYC further. alleged that "[i)n 2007, GHYC
largely `gave up' in its attempt and expectations that GHHA
would ever pay substantial amount for maintenance of the Marina.
GHYC renounced its relationship with GHHA and protected the use
of the boat ramp by changing the lock on the chain across the
Marina boat ramp."
As previously noted, "restrictive covenants are contractual
in nature . . . ." Moss Creek, 202 N.C. App. at 228, 689 S.E.2d
at 184. The statute of limitations for a breach of contract
claim is three years. N.C. Gen. Stat. § 1-52(1) (2011). The
undisputed evidence is that both parties ceased to perform their
duties under the restrictive covenants in 2007, and, as a
result, no breach of the restrictive covenants could occur after
that time. However, GHYC did not file its counterclaims until 2
February 2011,' which was more than three years after the last
possible breach and thus beyond the statute of limitations.
Accordingly, the trial court properly granted summary judgment
' GHYC's counterclaims do not relate back to the filing of the
original plaintiffs' complaint. See Pharmaresearch Corp. v.
Mash, 163 N.C. App. 419, 426-27, 594 S.E.2d 148, 153-54 (2004).

-37-
in favor of GHHA as to GHYC's counterclaims. This argument is
overruled.
III. Individual Defendants
The individual defendants also raise multiple issues on
appeal, including: (1) that the trial court erred by entering a
partial summary judgment order prior to the joinder of all
necessary parties; (2) that the trial court erred by granting
summary judgment to plaintiffs on their claim against the
individual defendants for violation of restrictive covenants;
(3) that the trial court erred by failing to grant summary
judgment to the individual defendants on their affirmative
defense of laches; (4) that the trial court erred by granting
summary judgment to plaintiffs for their tortious interference
claim against the individual defendants; and (5) that the trial
court erred by awarding attorneys' fees to plaintiffs.
A. Necessary Parties
The individual defendants first argue that the trial court
erred by granting summary judgment to the original plaintiffs on
their claims for breach of restrictive covenants and tortious
interference with a contract because, at the time the summary
judgment order was entered, all necessary parties had not been
joined in the case. We disagree.

-38-
"A necessary party is one who is so vitally interested in
the controversy that a valid judgment cannot be rendered in the
action completely and finally determining the controversy
without his presence." Carding Developments v. Gunter & Cooke,
12 N.C. App. 448, 451-52, 183 S.E.2d 834, 837 (1971). Thus,
pursuant to N.C. Gen. Stat. § 1A-1, Rule 19(a) (2011), necessary
parties "must be joined as plaintiffs or defendants[.]"
In the instant case, the trial court entered an order
granting partial summary judgment to the original plaintiffs on
their claims for breach of restrictive covenants and tortious
interference.
Simultaneously,
the court ordered that
"the Gull
Harbor Home
Owners Association,
Inc., and all current
property
owners in the Gull Harbor subdivision are hereby joined, ex mero
motu, as necessary parties to this action." The individual
defendants contend that the trial court's failure to join all
necessary parties prior to the entry of this partial summary
judgment order invalidates that order.
This Court has previously explained that "[a] judgment
which is determinative of a claim arising in an action to which
one who is united in interest' with one of the parties has not
been joined is void." Ludwig v. Hart, 40 N.C. App. 188, 190,
252 S.E.2d 270, 272 (1979)(emphasis added). In Ludwig, the

-39-
Court held that the specific "portion of the judgment" entered
without the joinder of a party necessary to that claim was void.
Id. However, the Court did not invalidate the remaining portion
of the judgment, but instead reviewed the parties' arguments
involving the remaining claims. Id. at 190-92, 252 S.E.2d at
272-74. Thus, consistent with Ludwig and Rule 19, we must
analyze each individual claim decided by the trial court and
determine whether the full adjudication of that particular claim
required additional necessary parties.
In the instant case, the individual defendants argue only
that the trial court failed to join all necessary parties before
it granted summary judgment in favor of plaintiffs on their
claim that GHYC and the individual defendants violated the
restrictive covenants contained in the General Plan and its
Revision. To support their argument, the individual defendants
rely upon our Supreme Court's decision in Karner v. Roy White
Flowers, Inc., 351 N.C. 433, 527 S.E.2d 40 (2000) In Karner,
the plaintiffs owned property in a residential subdivision in
which each lot was governed by a restrictive covenant which
limited the lot to residential use. Id. at 434, 527 S.E.2d at
41. The defendants intended to demolish residential properties
on three lots and replace them with commercial properties. Id.

-40-
The plaintiffs sought an injunction to block the demolition and
construction. Id. The defendants answered the plaintiffs'
complaint, asserting the affirmative defense "that a change of
circumstances had occurred making use of the lots for
residential purposes no longer feasible." Id. The plaintiffs
then moved to join all other property owners in the subdivision,
and the trial court denied the motion. Id, at 435, 527 S.E.2d at
41. The trial court ultimately granted a directed verdict in
favor of the defendants based upon the statute of limitations.
Id. at 435, 527 S.E.2d at 42. On appeal, our Supreme Court
reversed the trial court's denial of the plaintiffs' motion to
require joinder. Id. at 440, 527 S.E.2d at 45. The Court held
that all property owners in the subdivision were necessary
parties because
if the residential restrictive covenant is
abrogated as to the lots owned by
defendants, each property owner within the
subdivision would lose the right to enforce
that same restriction. Unless those parties
are joined, they will not have been.afforded
their day in court. An adjudication that
extinguishes property rights without giving
the property owner an opportunity to be
heard cannot yield a valid judgment. For
this reason, we conclude the nonparty
property owners . . . are necessary parties
to this action because the voiding of the
residential -use restrictive covenant would
extinguish their property rights.

1
-41-
Id. at 440, 527 S.E.2d at 44 (emphasis added and internal
quotations and citations omitted).
The individual defendants contend that since this case,
like Karner, involves the enforcement of restrictive covenants,
all Gull Harbor lot owners were required to be joined prior to
the trial court's determination that the individual defendants
violated the covenants. However, Karner is inapplicable to the
instant case. In Karner, the trial court entered a judgment
against the plaintiff lot owners' after denying joinder to the
remaining non-party lot owners. Id. As a result, the non -joined
lot owners had their property rights extinguished "without
giving the property owner an opportunity to be heard ."
Id. By necessity, the parties raising the issue on appeal were
the plaintiff lot owners who had lost before the trial court.
In contrast, the lot owners in the instant case prevailed
in the trial court's partial summary judgment order. The court
upheld and enforced their property rights, and, thus, unlike the
non -joined lot owners in Karner, their rights were not
extinguished without providing them an opportunity to 'be heard.
Nothing in Karner suggests that an opposing party which seeks to
impair the opposing lot owners' property rights has standing to
protect the rights of non-party lot owners by arguing on appeal

-42-
that they were not joined when required. Accordingly, we hold
that the individual defendants cannot properly raise this
argument to challenge the trial court's partial summary judgment
order. This argument is overruled.
B. Violation of Restrictive Covenants
The individual defendants next argue that the trial court
erred in granting summary judgment to plaintiffs on their
violation of restrictive covenants claim against the individual
defendants. We agree.
As previously noted, plaintiffs' claims for violation of
the General Plan and its Revision were based upon two acts: (1)
the entry into 99-year boat slip leases with the non -owners and
(2) the erection of a.chain and requirement of a $200.00 annual
user fee from any Gull Harbor lot owner that wished to access
the marina. Since we have already determined that the 99-year
boat slip leases to the non -owners do not currently violate the
covenants, we will limit our analysis to a determination of the
individual defendants' liability for the imposition of the
$200.00 annual user fee. The individual defendants contend that
they cannot be individually liable for this act.
It is undisputed that GHYC is a nonprofit corporation
governed by Chapter 55A of our General Statutes. Furthermore,

-43-
there is no dispute that the individual defendants are all
members of GHYC. Under the statutes which govern nonprofit
corporations, "['a] member of a corporation is not, as such,
personally liable for the acts, debts, liabilities, or
obligations of the corporation." N.C. Gen. Stat. § 55A-6-22
(2011) .
In the instant case, the individual defendants did not
possess the necessary ownership interest in the marina which
would provide the authority to restrict access to it, outside of
their capacity as agents of GHYC. Only GHYC, by virtue of its
ownership of the marina, possessed the right to exclude
plaintiffs from the marina as a whole. See generally Loretto v.
Teleprompter Manhattan CATV Corp., 458 U.S. 419, 435, 73 L. Ed.
2d 868, 882, 102 S. Ct. 3164, 3176 (1982)("The power to exclude
has traditionally been considered one of the most treasured
strands in an owner's bundle of property rights." (footnote
omitted)). The individual defendants all had a leasehold
interest in an individual boat slip within the marina which
provided the power to exclude others from that boat slip.
Nonetheless, nothing in the lease agreements could be construed
so broadly as to permit the individual defendants to exclude
other individuals from the entirety of the marina.

-44-
Therefore, since the individual defendants did not possess
any individual permanent ownership interest in the marina, they
could not be individually liable for the imposition of the
$200.00 annual user fee, the act which supported the trial
court's determination that the restrictive covenants in the
Revision had been breached. Their status as lot owners in Gull
Harbor does not alter their liability, since any actions that
they may have taken to breach the covenants were in their
capacity as members of GHYC, rather than in their individual
capacity. Ultimately, the individual defendants' only liability
in the instant case would be for actions which they undertook as
members of and agents for GHYC, actions for which they cannot be
personally liable. N.C. Gen. Stat. § 55A-6-22 (2011).
Consequently, the trial court erred by granting plaintiffs'
motion for summary judgment against the individual defendants on
this claim. That portion of the trial court's order must be
reversed and remanded for the entry of summary judgment in favor
of the individual defendants. Since we have ruled in favor of
the individual defendants on this claim, it is unnecessary to
address their remaining arguments regarding it.
C. Tortious Interference

-45-
The individual defendants additionally argue that the trial
court erred by granting summary judgment in favor of plaintiffs
for their claim of tortious interference. It has previously
been determined that GHYC directly breached the restrictive
covenants in the Revision and that any actions by the individual
defendants which could be considered a breach of those covenants
were undertaken in their role as members of GHYC. Since any
actions which the individual defendants undertook to breach the
covenants would have been undertaken in their capacity as
members of GHYC, they could not be considered third parties that
induced GHYC to breach the covenants. Thus, the trial court
erred by granting summary judgment in favor of plaintiffs on
this claim against the individual defendants. That portion of
the trial court' s order must also be reversed and remanded for
entry of summary judgment in favor of the individual defendants.
D. Attorneys' Fees
Finally, the individual defendants claim that the trial
court erred by awarding plaintiffs attorneys' fees. The trial
court awarded attorneys' fees pursuant to N.C. Gen. Stat. § 47F-
3-120, which allows for the award of reasonable attorneys' fees
"in an action to enforce provisions of the articles of
incorporation, the declaration, bylaws, or duly adopted rules or

-4G-
regulations" of a planned community. N.C. Gen. Stat. § 47F-3-
120 (2011). Since the award of attorneys' fees was based upon
the trial court's determination that the individual defendants
violated the restrictive covenants contained in the Revision in
their individual capacities, our reversal of that determination
also necessitates the reversal of the attorneys' fee award.
Therefore, we reverse the trial court's award of attorneys' fees
against the individual defendants.
IV. Conclusion
GHYC, as the owner of the marina, was subject to the
restrictive covenants contained in the General Plan and the
Revision. There was no genuine issue as to any material fact
regarding whether GHYC breached those restrictive covenants by
charging a $200.00 annual user fee to Gull Harbor lot owners for
access to the marina, and, as a result, the trial court properly
granted summary judgment in favor of plaintiffs and against GHYC
on that claim. That portion of the trial court's order is
affirmed.
However, GHYC did not breach the restrictive covenants by
entering into the 99-year leases with the non -owners, as there
was no evidence presented that a Gull Harbor lot owner attempted
to rent a boat slip in the marina and was denied due to the

-47-
unavailability of slips. Thus, the trial court erred by
granting any relief to plaintiffs based upon the 99-year leases
constituting a breach of the covenants. Moreover, the trial
court abused its discretion in the relief it ordered to remedy
GHYC's attempts to limit access to the marina by imposition of a
$200.00 annual user fee, because the relief granted exceeded
merely restoring the status quo required by the Revision.
Instead, the trial court granted plaintiffs rights which were
not supported by the Revision. Consequently, the trial court's
relief is vacated and remanded for the entry of relief
consistent with ensuring plaintiffs' right of access to the
marina under the Revision.
The trial court erred by granting summary judgment in favor
of plaintiffs on their tortious interference claim, as GHYC
directly breached the covenants, but did not induce a third
party to breach. That portion of the trial court's order is
reversed and remanded for entry of summary judgment in favor of
GHYC.
The trial court properly considered the riparian rights
claims of Warrender and the Youngs. However, the trial court
erred in granting summary judgment in favor of those individuals
i
because there are genuine issues of material fact regarding the

-48-
ownership of the bulkhead which provides the basis for any
riparian rights. The trial court's summary judgment order is
reversed and remanded for trial on the issue of the riparian
rights claims of Warrender and the Youngs.•
The individual defendants cannot challenge whether the
trial court's partial summary judgment order was properly
entered prior to the joinder of necessary parties, because they
have no standing to assert the rights of any non-party Gull
Harbor lot owners in a determination of whether defendants
• breached the restrictive covenants in the General Plan and its
Revision. However, since the actions of the individual
defendants which the trial court found to breach the restrictive
covenants were carried out in the individual defendants'
capacity as members of GHYC, the trial court erred in
determining that they were liable for the breach in their
individual capacities. Therefore, the portion of the trial
court's order granting summary judgment in favor of plaintiffs
on plaintiffs' claim for breach of restrictive covenants against
the individual defendants is reversed and remanded for the entry
of summary judgment in favor of the individual defendants. The
trial court additionally erred by granting summary judgment in
favor of plaintiffs on their tortious interference claim against

-49-
the individual defendants. That portion of the trial court's
order is also reversed and remanded for the entry of summary
judgment in favor of the individual defendants. Since the
individual defendants were not liable for the violation of the
restrictive covenants in their individual capacity, the trial
court erred by awarding plaintiffs costs and attorneys' fees
against the individual defendants. That portion of the trial
court's judgment is reversed.
Affirmed in part, reversed in part, vacated in part, and
remanded.
Judges BRYANT and GEER concur.

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: Gull Harbor Marina, 127 Gull Harbor Drive, Newport
2. LOCATION OF PROJECT SITE: Adjacent to Bogue Sound at 127 Gull Harbor Drive,
Newport, Carteret County
Photo Index - 2000: grids 40-512 N (15-16), M (15-17), O (16-17)
2006: grids 40-8087 L (16), M & N (16-17)
State Plane Coordinates - X: 26782362.614 Y: 353571.007
Longitude:76°43'46.41 Latitude:34°42'00.17
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 6/19/2015
Was Applicant Present — No
5. PROCESSING PROCEDURE: Application Received Complete-6/2 /2015
Office — Morehead City
6. SITE DESCRIPTION:
(A) Local Land Use Plan — Carteret County 2010
Land Classification from LUP — Limited Transition/Conservation
(B) AEC(s) Involved: EW, PTA
(C) Water Dependent: yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing — Onsite Septic at homes
Planned — None
(F) Type of Structures: Existing — manmade marina basin, boat lifts, 30 existing
slips, bulkhead, fixed docks, boat ramp, finger piers and tie
pilings.
Planned — add 5 new slips, 3 finger piers and 5 tie pilings to
the existing 30 slip marina.
(G) Estimated Annual Rate of Erosion: N/A
Source — N/A
HABITAT DESCRIPTION:
DREDGED FILLED OTHER
(A) Open Water
N/A
N/A
1750 ftz Inc.
195ft2shaded
(D) Total Area Disturbed: 1,750ft2
(E) Primary Nursery Area: No
(F) Water Classification: SA/HQW Open: No
8. PROJECT SUMMARY:
The project proposed is for the addition of 5 new slips, 3 new finger piers and five tie

Field Investigation Report:
Gull Harbor Marina
127 Gull Harbor drive
Page 02
pilings at the existing 30-slip private residential marina.
9. Narrative Description
The Gull Harbor Marina project is located along the south side of Bogue Sound at 127
Gull Harbor Drive in Newport, Carteret County. The project area is found by following
Hwy 24 east from the Gales Creek Bridge for approximately 3.13 miles (16,512'). The
entrance to Gull Harbor subdivision will be on the right. Follow Gull Harbor Drive until
you reach the marina and boat ramp area. The proposed new slip locations are located
along the east side of the basin and are adjacent to and north of existing slips 27-30.
The marina property is 3.97 acres (172,933 square feet) in its entirety and is an average of
4' above NHW. The shoreline length for this property is 542'. The site currently has an
existing 30 slip marina and boatramp. The high ground portion of the tract is covered with
typical grasses and landscape shrubbery. There is a wetland area with a natural cut to the
east of the existing marina docks. This area is located behind the existing docks and would
not be affected by the proposed work. The proposed development is a private residential
marina and currently has 30 existing slips. There are developed residential properties to the
east and west of the site.
The Carteret County Land Use Plan classifies this property as Limited Transition with all
parts of the AEC classified Conservation. The manmade basin connecting to Bogue Sound,
is classified as coastal waters, is not designated as Primary Nursery Area and is closed to
the taking of shellfish. The basin within this area carries a water classification of SA/HQW
and has average width of 140'. Water depths within the basin are an average of -3.4' nlw
with connecting water depths at -4' nlw. All water depths have been field verified. The
western riparian corridor has been drawn from the property comer at nhw to follow the
outer edge of the existing pilings of the outer west basin slip areas with the eastern riparian
corridor drawn 90° from the deep water (center of existing east basin). No shellfish beds or
SAV were observed within the project area. The substrate in the project area is mostly silty
sand.
10. Proiect Description:
The existing development is a private residential marina and currently has 30 existing
slips, bulkhead, boat ramp, boatlifts and existing finger piers and tie pilings. The current
proposal is to add five new slip areas, three finger piers and five tie pilings within the
existing residential marina basin.
The applicant is proposing to add five new slips (a-e) along the eastern side of the basin,
adjacent to and north of existing slips 27-30. The slip dimensions would be 12' wide by

Field Investigation Report:
Gull Harbor Marina
127 Gull Harbor Drive
Page 03
25' long within a 140' wide basin. They are also proposing to add five new tie pilings
within this area as well as two 3' x 25' finger piers and one 3' x 15' finger pier.
The average water depth within the basin is -3.4' nlw. The typical boats served by the
existing residential marina are open runabouts with a typical length of 22'. The average
width of the basin is 140'.
11. Anticipated Impacts:
The proposed addition of 5 new slips for a total of 35 as well as the finger pier and tie
piling additions, would shade 195ft2 of shallow bottom habitat and incorporate 1750 ft2 of
Public Trust water within the basin. The setting of pilings for the finger piers and tie
pilings has the potential to cause a temporary increase in turbidity during construction.
There should not be undue interference to navigation due to the fact that all work proposed
would be within the existing 140' wide residential marina basin. Due to the tidal influence
and openness of the existing basins as well as the energy within the area the flushing
capability should be adequate. The potential for overboard discharge should be a minimum
due to the fact that there is a closed head and limited stay policy which helps reduce this
risk. The current proposal would not cause additional shellfish closure per an email
conversation conducted by DCM and Shellfish Sanitation on 4/15/15.
Name: Heather Styron Date: 6/23/15 Morehead City

May 30, 2015
GULL HARBOR YACHT CLUB
PROPOSED ADDITION OF FIVE SLIPS
NARRATIVE: The Gull Harbor Yacht Club Inc, hereby submits to the NC DENHR CAMA office Morehead
City, NC a Major Permit application for five each additional wet slips which include three each finger
piers and five each additional tie pilings for mooring of recreational vessels within the Gull Harbor
Marina.
POINT OF CONTACT: Will Wallin
109 Gull Harbor Dr.
Newport, NC 28570
252-726-5477
Thank you very much for your guidance, help, and expertise.
V/r
Will S. Wallin
� 1CIcTq
�yl
�50.
RECEIVED
1UN 0 2 2015
W17w�-winr� tin+.

I= MP-1
APPLICATION for
Major Development Permit
(last revised 12/27106)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicantl Landowner Information
Business Name
V
1
1
Clt�4
Project Name (if applicable)
Pro o ±d S S�
Applicant 1: First Name _
WM
MI
5 .
Last Name ,
0
Applicant 2: First Name
MI
Last Name
If additional applicants, please attach an additional page(s) with names listed.
Mailing Address / V -1 G k I
1
PO Box
cityy eai
O i+
stat w
ZIP
o
Country
� S h-
I Phone NO.
Sa -'jib - "7 eM.
FAX No. S�7 7
b
Street Address (if different from above)
I City
State
ZIP
Email
CL t t i
L
'1 A40.t I , (f n 0v\
2. Agent(ContractorInformation
Business Name
r
Agent/ Contractor 1: First Name
MI
Last Name
Agent/Contractor 2: First Name
MI
Last Name
Mailing Address
So b tkitA+
PO Box
City
rs ��
State
►� C-
I
2%lir53 (
I
Phone N . 1
- - ext.
Phone No. 2
ext.
FAX No.
Contractor #
Street Address (if different from above)
City
State
ZIP
Email
<Form continues on back>
RECEIVED
JUN 0 2 1015
252-808.2808 .. 1-884, iRCOAST .. www.ncco:. ssalmanageanent.net

Form DCM MP-1 (Page 2 of 4)
APPLICATION for
Major Development Permit
3. Project Location
County (can be multiple) Street Address State Rd. #
I Abno
of e jt laq Gill laa
Subdivision Name
GL.t 1
City
�et�l
State
NC
Zip
,'76
a-r� r
p
Phone No.
Lot N .(s) (N many, attach additional page with list)
ext.
I I ,
a. In which NC river basin is the project located?
b. NamQee of body of water nearest to proposed project
V
c. Is the water body identified in (b) above, natural or manmade?
d. Name the osest major water body
the proposed project site.
�latural ❑❑ Manmade Unknown
O
e. Is proposed work within city limits or planning jurisdiction?
f. If aDPlica e, list the planning jurisdiction or city limit the proposed
work falls within.
ee ❑No
More h'--aA 61 ►� C-
4.
Site Description
a.
Total length of shoreline on the tra .)
b. Size of entire tract (scift)
NEt at
3r47 acre
c.
Size of individual lolls)
d. Approximate elevation of tract above NHW (normal high water) or
NWL (normal wateerievel) )
(If many lot sizes, please attach additional page with a list)
LgrvHW or ❑NWL
e.
Vegetation on tract
1A1(�
f.
Man-made features and uses now on tract
�6Ck
g.
identify and describe the existing land uses adiarent to the proposed project site.
Ves,d,4G � horh-e
h.
How does local government zone the tad?
i. Is Ma proposed project consistent with the applicable zoning?
USC DOO Jr�z,7 �Vlgt'f NLt�
(Altafr zoning compliance certificate, if applicable)
�]Vse []No [:)NA
j.
Is the proposed activity pan of an urban waterfront redevelopment proposal? ❑Yes ENO
k.
Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes ❑No ❑NA
It yes, by whom?
I.
Is the proposed project located in a National Registered Historic District or does it involve a []Yea o []NA
National Register listed or eligible properly?
<Form continues on next page> RECEIVED
1UN 0 3 20b
ill tw-wmw 6U.x
252-808.2808 :: 1.888-4RCOAST :: www.necoastalmanagement.net

Form DCM MP-1 (Page 3 of 4)
APPLICATION for
Major Development Permit
m. (i) Are there wetlands on the site?
UFrY[]No
(ii) Are there coastal wetlands on the site?
UF//es
19Yes []No
(III) If yes to either (1) or (11) above, has a delineation been conducted?
❑ as 53No
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
Iv'
o. Describe existing drinking water supply source.
p. Describe existing storm water management or treatment systems.
5. Activities and Impacts
a.
WIII the project be for commercial, public, or private use? ❑C� mercial ❑PubliclGovemment
QPrivatelCommunity
b.
Give a brief descnpbopp of purpose, use, and daily operations of the project when complete. rr )
Pocrlrn+cq Cite )6kmrl&)j � �iooje 1`e�ferti(o�a 1
0.
bo-tS
c.
Describe the proposed construction methodology, types of construction equipment to be used during con truction, the number of each type
of equipment and where it is to be stored. 1 1 kYAM � 1 C CA � J ,
t`
A
r12 Se��TA of +r4L l �lTQ SPr�do��d of SI
d.
List all development activities you propose.1
�rN� ShrAS arJ ext4l'"I Jock
�lac� a�dr�l0{�i�j
e.
Are the proposed activities maintenance of an existing project, new work, or both? . `— oo r
f.
What Is the approximate total disturbed land area resulting from the proposed project? _ `/ fi, ❑Sq.Ft or ❑Acres
g.
Will the proposed project encroach on any public easement, public accessway or other area ❑Yes o ❑NA
that the public has established use of?
It.
Describe location and type of existing and proposed discharges to waters of the state.
{ p-
I.
Will wastewater or stornvrater be discharged into a wetland? ❑Yes o ❑NA
If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes []No j 6
j.
Is there any mitigation proposed? ❑Yes Wo ❑NA
If yes, attach a mitigation proposal.
RECEIVED
<Form continues on back> 1UN 0 2 201
Y
%�en_eAu�
252-808-2808 :: 1-8k1 -a RCOAST :: www.necoastalmanagament.net

Form DCM MP-1 (Page 4 of 4)
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 property 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 authorized 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 dead (with state application only) or other instrument under which the applicant claims title 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 proeosed project to the Division of Coastal Management.
Name C (ap t-q t I 1 ) Phone No.
Address
NameSotzh �� �.JLS Phone No.
Address Ia.Ck Ld -40-or bi, �et.tU'+ NL
Name iI Phone No.
Address
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates.
h. Signed consultant or agent authorization form, it applicable.
I. Wetland delineation, if necessary.
J. A signed AEC hazard notice for projects In oceanfront and Inlet areas. (Must be signed by property owner)
k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act.
to Enter on Land
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 the information provided in this application is truthfull. to the best of my knowledge.
Date Jr- 3C) — OZC)1� Print Name W i It W A1 h3
Signature 0,
Please indicate application attachments pertaining to your proposed project.
❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts
❑DAM MP-3 Upland Development RECEIVED
CM MP-4 Structures Information
JUN 0 2 2015
252-808.2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net

Form DCM MP-4
STRUCTURES
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
1. DOCKING FACILITY/MARINA CHARACTERISTICS
a. (I) Is the docking facility/marina:
❑Commercial ❑PubliclGovernment [ffPrivate/Community
c. (i) Docks) and/or pier(s)
(ii) Number
(III) Length
(iv) Width _
(v) Floating ❑Yes ❑No
e. () Are Platforms included? ❑Yes dNo
If yes:
(I) Number
(III) Length
(iv) width
(v) Floating ❑Yei iJ .No
Note.Roofed areas are calculated from dripline dimensions.
g. 0)(( N bar of slips proposed
() Number of slips existing
ry
i. Ch c
2k the proposed type of siting:
Land cut and access channel
[]Open water; dredging for basin and/or channel
[]Open water; no dredging required
❑Other; please describe:
k. Typical boat length: -U/
In. (i) Wi he faci#y have tie pilings?
es 42 fJ
(i) If yes number of tie pilings?
[]This section not applicable
(i) Will the facility be open to the general public?
❑Yes F✓JNo
d. (i) Are Finger Piers included? 2fes ❑No
If yes:
iiNumber 3 J'
(ii) Length
(iv) Width 4 �
(v) Floating ❑Yes QNo
I. (i) Are Boatlifts included? ❑Yes QNo
If yes:
(ii) Number
(III) Length
(iv) Width
h. Check all the types of services to be provided.
❑ Full service, including travel lift and/or rail, repair or
maintenance service
❑ Dockage, fuel, and marine supplies
❑ Dockage ('Wet slips") only, number of slips:
❑ Dry storage; number of boats:
Q Boat ramp(s); number of boat ramps:
❑ Other, please describe:
j. Describe the typical boats to be served (e.g., open runabout,
charter boats, sail boats, mixed types).
o Pets rwlxlbwk
I. (1) Will the fa III Nobe open to the general public?
Ely., ig?I= -EiVED
JUN 0 2 2015
MHD CITV
252-808.2808 :: 1.888.4RCOAST :: wWw.nccoastaimanag.ement.net revised: 12/27106

Form DCM MP-4 (Structures, Page 2 of 4)
2. DOCKING FACILITY)MARINA OPERATIONS ❑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 l A-
❑ Showers
❑ Boatholding tank pumpout; Give type and location: N
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?
e. (i) Give the location and number of "No Sewage Discharge" signs proposed.
NIP(
(ii) Give the location and number of'Pumpout Available" signs proposed.
1-A I F-
f. Describe the special design, R applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products.
g. Where will residue from vessel maintenance be disposed or?
IJ / A
It. Give the number of channel markers and "No Wake" signs proposed.
i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality.
N IK
j. What rr will be the marina policy on overnight andlive-aboard dockage?
! InLorA Y or lr✓1lICJ S
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?
5I n f ftJ10—\ 0114A_
m. Is the marinaldocking facility proposed within a primary or secondary nursery area?
❑Yes Slo
RECEIVED
JUN 0 2 2015
,—%. M1HD(�i+"
252.808.2808 :: 1.888-4RCOAST :: wvyw_ncconstaimanagement.net revised: 12I2TI06

Form DCM MP-4 (structures, Page 3 of 4)
n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area?
❑Yes eho 3tAt`M1tAAX%r11A GfeS Qi'P�
o. Is the madnaldocking facility proposed within or adjace—ni 4o coastal wellands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom
(SB), or other
wetlands (WL)? If any boxes are checked, provide the number of square feet affected.
JJCW y,C❑SAV ❑SB
OWL 1/_� ❑None
p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes Lt <1
If yes, give the name and address of the leaseholder(s), and give the proximity to the lease.
13 BOATHOUSE (including covered ins) &his section not applicable
a. (i) Is the boathouse structure(s):
❑Commercial ❑Public/Government ❑Private/Community
(it) Number
(iii) Length
(iv) Width
Note: Roofed areas are calculated from dnpline dimensions.
14, GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill) pThis section not applicable
a. (i) Number
(ii) Length
(iii) Width
15. BREAKWATER (e.g., wood, sheetpile, etc.) Errhis section not applicable
a. Length
c. Maximum distance beyond NHW, NWL or wetlands
b. Average distance from NtiW, NWL, or wetlands
6. MOORING PILINGS and BUOYS his section not applicable
a. Is the structure(s):
❑Commercial ❑Public/Governmerd ❑Private/Community
c. Distance to be placed beyond shoreline
Note: This should be measured from marsh edge, if present
e. Arc of the swing
7. GENERAL
b. Number
d. Description of buoy (color, inscription, size, anchor, etc.)
1UN 0 2 7015
nn MNp CIpe
252-808-26e8 :: 1.888.4RCOAST :: www_necoastalmanagement.ne(t revised: 12127/06

Form DCM MP-4 (structures, Page 4 of 4)
a. Proximity of structure(s) to adjacent riparian property lines
Note: For buoy or mooring piling, use arc of swing including length
of vessel.
c. Width of water body
e. () Will navigational aids be required as a result of the project?
❑Yes 9% ❑NA
(ii) If yes, explain what type and how they will be implemented.
b. Proximity of structure(s) to adjacent docking facilities.
d. Water depth at waterward end of structure at NLW or NWL
8. OTHER ❑This section not applicable
a. Live rn.Netp deccrintion:
5-3�
Date
prbrns 5 (; &W(6;� 46 C, YC I^
ProjectName
0tll l�Rlitnl
Applicant Name
to'd� t
Applicant Signature
RECEIVED
JUN 0 2 205
k'i.V#-WMjJ Cux
252-808-2808 :: 1.888.4RCOAST :: Mny w.nccoastaltnanagenlent.net revised: 12127106

8!?8'P015 N.C. Department of Ersdramert and NaWral Reswoes to 127 Call Harbor Dr, Newport, NC 28570 - Go4e Maps
Google Drive 82.2 miles,1 h 41 min
Directions from N.C. Department of Environment and Natural Resources to 127 Gull Harbor Dr
PoaerY �; CM1npuepm NW Moan _.
r_
•1, Newpttr � e�
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Cypreea Creek
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O r-1 �1 NC Dep nmant
nt and...
n
nouy Shrlrw Geme LerM
o N.C. Department of Environment and Natural Resources
127 North Cardinal Drive, Wilmington, NC 28405
Head northwest on Cardinal Dr Exn
t.wami�gsord mmn xen. ei.
toward Market St Go,fia„
0.2mi/33s asp;"�'
N,atvOEst e
UROUESf 1No Vens
® VeMweY of WAnin9rm
all, bks
F OceenCon yyn6 Parlay
+I co, I,.—Ablw Cangrry
B New rvonery
NC, partment ofp
•
Take US-17 N and NC-24 E/Rte 24 E/State
24 E to Gull Harbor Dr in Morehead
81.8mi/1h39min
Mm:/Avww.google.corn/rnaps/dr/N.0 +Departmert+oµErsdrorment+and+Nahral+Resmrces,+127+Nadr.Cardnal+Drive,+wllminglm,+NC+28/051127+,.. 113

62=5
N.C. DepilirknWt of Environmert and Natural Resources to 127 Gull Harbor or, Newport, NC 28570- Google Maps
it 2.
Turn right onto US-17 BUS N/Market St
0"PHm, .t alnanot
0 � N. rn
5.5m1
\
m1tlltPa-
3.
Keep right at the fork, follow signs for US
C
17 N and merge onto US-17 N
r r y
HkMaM° PoaunNelppilrm[il,-
38.2 mi
4. Use the right 2 lanes to take the N Carolina
24 E/US-17 N ramp to Camp
Lejeune/Morehead City/New Bem
0.6 mi
A 5. Merge onto US-17 N
3.0 mi
N 6. Use the right 2 lanes to take the North
Carolina 24 E exit toward Camp
Lejeune/Morehead City
06mi
f 7. Continue onto NC-24 E/Lejeune Blvd/Rte
24 E/State 24 E
e
Continue to follow NC-24 E/Rte 24 E/State
24 E
33.9 mi
Turn right onto Gull Harbor Dr
r e Destination will be on the left
0.3mi/59s
Pa YI
, 1h91 .in
C) � IAap4 Nil
Dry
v XOIIy ShNle, Lw',ie
M.aal r�-
�a,ol,�,a�Na,�
Nine Ste
v
p 127 Gull Harbor Dr
Newport, NC 28570
These directions are for planning purposes only. You may find that construction
projects, traffic, weather, or other events may cause conditions to differ from the map
results, and you should plan your route accordingly. You must obey all signs or notices
regarding your route.
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Gull Harbor Marina existing slips: 1-30
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North Carolina Department of Environmental Quality
Pat McCrory
Governor
October 1, 2015
Gull Harbor Yacht Club
c/o Will Wallin
109 Gull Harbor Drive
Newport, N.C. 28570
Dear Sir or Madam:
Donald R. van der Vaart
Secretary
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,
ye IIAW4-
Douglas V. Huggett
Major Permits and Consistency Manager
N.C. Division of Coastal Management
400 Commerce Ave., Morehead City, NC 28557
Phone: [phone] FAX: [phone] Internet: wvvw,nccoastalmanagement.net
An Equal Opportunity 1 Afirmafive Acton Employer — Made impart by recycled paper

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Gull Harbor Marina, 127 Gull Harbor Drive, Newport
2. LOCATION OF PROJECT SITE: Adjacent to Bogue Sound at 127 Gull Harbor Drive,
Newport, Carteret County
Photo Index - 2000: Bids 40-512 N (15-16), M (15-17), O (16-17)
2006: grids 40-8087 L (16), M & N (16-17)
State Plane Coordinates - X: 26782362,614 Y: 353571.007
Longitude:76°43'46.41 Latitude:34°42'00.17
INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 6/19/2015
Was Applicant Present — No
5. PROCESSING PROCEDURE: Application Received Complete-6/2 /2015
Office — Morehead City
6. SITE DESCRIPTION:
(A) Local Land Use Plan — Carteret County 2010
Land Classification from LUP — Limited Transition/Conservation
(B) AEC(s) Involved: EW, PTA
(C) Water Dependent: yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing — Onsite Septic at homes
Planned — None
(F) Type of Structures: Existing — manmade marina basin, boat lifts, 30 existing
slips, bulkhead, fixed docks, boat ramp, finger piers and tie
pilings.
Planned — add 5 new slips, 3 finger piers and 5 tie pilings to
the existing 30 slip marina.
(G) Estimated Annual Rate of Erosion: N/A
Source — N/A
7. HABITAT DESCRIPTION:
(A) Open Water
N/A
N/A
1750 ft2 Inc.
195ff2shaded
1
(D) Total Area Disturbed: 1,750ft2
(E) Primary Nursery Area: No
(F) Water Classification: SA/HQW Open: No
RECEVED
JUN 2 9 2015
8. PROJECT SUMMARY:
The project proposed is for the addition of 5 new slips, 3 new finger piers and five tie

Field Investigation Report:
Gull Harbor Marina
127 Gull Harbor drive
Page 02
pilings at the existing 30-slip private residential marina.
9. Narrative Description
The Gull Harbor Marina project is located along the south side of Bogue Sound at 127
Gull Harbor Drive in Newport, Carteret County. The project area is found by following
Hwy 24 east from the Gales Creek Bridge for approximately 3.13 miles (16,512'). The
entrance to Gull Harbor subdivision will be on the right. Follow Gull Harbor Drive until
you reach the marina and boat ramp area. The proposed new slip locations are located
along the east side of the basin and are adjacent to and north of existing slips 27-30.
The marina property is 3.97 acres (172,933 square feet) in its entirety and is an average of
4' above NHW. The shoreline length for this property is 542'. The site currently has an
existing 30 slip marina and boatramp. The high ground portion of the tract is covered with
typical grasses and landscape shrubbery. There is a wetland area with a natural cut to the
east of the existing marina docks. This area is located behind the existing docks and would
not be affected by the proposed work. The proposed development is a private residential
marina and currently has 30 existing slips. There are developed residential properties to the
east and west of the site.
The Carteret County Land Use Plan classifies this property as Limited Transition with all
parts of the AEC classified Conservation. The manmade basin connecting to Bogue Sound,
is classified as coastal waters, is not designated as Primary Nursery Area and is closed to
the taking of shellfish. The basin within this area carries a water classification of SA/HQW
and has average width of 140'. Water depths within the basin are an average of -3.4' nlw
with connecting water depths at -4' nlw. All water depths have been field verified. The
western riparian corridor has been drawn from the property comer at nhw to follow the
outer edge of the existing pilings of the outer west basin slip areas with the eastern riparian
corridor drawn 90° from the deep water (center of existing east basin). No shellfish beds or
SAV were observed within the project area. The substrate in the project area is mostly silty
sand.
RECE vED
10. Proiect Description:
JUN 2 9 2015
1\ li: 'INIrril-
The existing development is a private residential marina and currently has 30 existing
slips, bulkhead, boat ramp, boatlifts and existing finger piers and tie pilings. The current
proposal is to add five new slip areas, three finger piers and five tie pilings within the
existing residential marina basin.
The applicant is proposing to add five new slips (a-e) along the eastern side of the basin,
adjacent to and north of existing slips 27-30. The slip dimensions would be 12' wide by

Field Investigation Report..
Gull Harbor Marina
127 Gull Harbor Drive
Page 03
25' long within a 140' wide basin. They are also proposing to add five new tie pilings
within this area as well as two 3' x 25' finger piers and one 3' x 15' finger pier.
The average water deptli within the basin is -3.4' niw. The typical boats served by the
existing residential marina are open runabouts with a typical length of 22'. The average
width of the basin is 140'.
11. Anticipated Impacts:
The proposed addition of 5 new slips for a total of 35 as well as the finger pier and tie
piling additions, would shade 195ft2 of shallow bottom habitat and incorporate 1750 ft2 of
Public Trust water within the basin. The setting of pilings for the finger piers and tie
pilings has the potential to cause a temporary increase in turbidity during construction.
There should not be undue interference to navigation due to the fact that all work proposed
would be within the existing 140' wide residential marina basin. Due to the tidal influence
and openness of the existing basins as well as the energy within the area the flushing
capability should be adequate. The potential for overboard discharge should be a minimum
due to the fact that there is a closed head and limited stay policy which helps reduce this
risk. The current proposal would not cause additional shellfish closure per an email
conversation conducted by DCM and Shellfish Sanitation on 4/15/15.
Name: Heather Styron Date: 6/23/15 Morehead City
RECEIVED
JUN 2 9 2015
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May 30, 2015
GULL HARBOR YACHT CLUB
PROPOSED ADDITION OF FIVE SLIPS
NARRATIVE: The Gull Harbor Yacht Club Inc. hereby submits to the NC DENHR CAMA office Morehead
City, NC a Major Permit application for five each additional wet slips which include three each finger
piers and five each additional tie pilings for mooring of recreational vessels within the Gull Harbor
Marina.
POINT OF CONTACT: Will Wallin
109 Gull Harbor Dr.
Newport, NC 28570
252-726-5477
Thank you very much for your guidance, help, and expertise.
V/r
. 100'UMLI'-
Will S. Wallin
r
RECEIVED
JUN 2 91015
RECEIVED
JUN 0 2 2015

DCM Coordinator: ,]mi-ti PermltA: 'M-
MAILING DISTRIBUTION SHEET
DCM Field Offices
Elizabeth City
(with revised work plan drawings)
s mgEdn.
US ACOE Vices:
Washington:
Raleigh Bland
William Westcott(NC DOT)
Bill Biddlecome (NC DOT)
Wilmington:
Tyler Crumbly
Liz Hair
Cultural Resources:
Renee Gledhill -Early
Public Water Supply:
Diane Williams (WIRO)
Joey White (WARD)
Marine Fisheries:
Shane Staples
Gregg Bodnar
NC DOT:
Ken Pace
Shellfish Sanitation:
Patti Fowler
Shannon Jenkins/Jeremy Humphrey
State Property:
Tim Walton
Water Resources:
Karen Higgins (Raleigh)
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:
0
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DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
APPLICANT: Gull Harbor Marina County: Carteret
LOCATION OF PROJECT: Located at 127 Gull Harbor Dr., Newport
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 6/2/15
FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: No
CONSISTENCY DETERMINATION: Attached: No To Be Forwarded: Yes
FIELD REPRESENTATIVE: Heather Styron DISTRICT OFFICE: Morehead Citv
DISTRICT MANAGER REVIEW:
B) DATE RECEIVED BY MAJOR PERMITS UNIT: 6/24/15 FEE REC'D: $250.00
PUBLIC NOTICE REC'D: Yes END OF NOTICE DATE: 7/16/15
ADJ. RIP. PROP NOTICES REC'D: Yes DEED REC'D: Yes
APPLICATION ASSIGNED TO: Doug Hugged ON: 6/24/15
C) 75 DAY DEADLINE:
MAIL OUT DATE: 6/24/15
FEDERAL DUE DATE:
PERMIT FINAL ACTION: ISSUE DENY
150 -DAY DEADLINE: /o/30// S
STATE DUE DATE:
FED COMMENTS RECD:
DRAFT ON
AGENCY
DATE COMMENTS
RETURNED/
OBJECTIONS:
YES NO
NOTES
Coastal Management- Regional Representative
Coastal Management- LUP Consistency Determination
Division of Community Assistance
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Division of Water Quality
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State Property Office
Division of Archives & History
Division of Environmental Health
Division of Highways
Wildlife Resources Commission
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NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
MEMORANDUM:
TO: DOUG HUGGETT
FROM: HEATHERSTYRON
THRU: ROY BROWNLOW
Donald R. van der Vaart
Secretary
June 22, 2015
SUBJECT: COMMENTS & RECOMMENDATIONS - CAMA MAJOR PERMIT- GULL HARBOR
MARINA, 127 GULL HARBOR DRIVE, NEWPORT, CARTERET COUNTY
The following are my comments and recommendations regarding the aforementioned proposal. The
proposal is for the addition of five new slips, five tie pilings and three finger piers within the existing 30=
slip marina. All work would be located within the existing marina basin.
The proposed work is consistent with 15A NCAC 711.0208 therefore the Morehead City District Office
recommends the project be authorized as proposed on plats dated received June 2, 2015, contingent upon
all applicable general conditions and the following standard conditions:
The permitted slips shall not exceed a total of 35 (30 existing and 5 new). The restriction of the
number of slips shall apply to all marine vessel types, including motorboats and personal
watercraft.
All development shall remain within the existing marina basin and shall not cause an
unacceptable interference with navigation in any way.
A maximum of 5 new tie pilings, two 3' x 25' and one 3' x 15' finger piers is authorized in
association with the existing marina configuration.
Per an email conversation (4115/15) with DCM and Shellfish Sanitation, this proposal would not
result in any additional shellfish closures as long as they have less than 50 slips and they do not
extend the footprint of the marina dockage any farther out near the mouth of the basin. This
current proposal complies with this stipulation.
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX [phone] Internet: www.nccoastaimanagement.net
An Equal opportunity 1 AOianalive Action Emplayer-Made in pad by recycled paper

NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
June 24, 2015
MEMORANDUM:
TO:
FROM:
SUBJECT:
Applicant:
Project Location:
Donald R. van der Vaart
Secretary
Maureen Meehan
Division of Coastal Management
Doug Huggett
Major Permits Processing Coordinator
CAMA/DREDGE & FILL Permit Application Review
Gull Harbor Marina
Adjacent to Bogue Sound at 127 Gull Harbor Drive, Newport.
Proposed Project: Proposes the addition of 5 new slips, 3 new finger piers, and 5-tie pilings at the
existing 30-slip private residential marina.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
July 14, 2015. 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 3 1
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity / Affirmative Action Employer

NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
June 24, 2015
MEMORANDUM:
TO:
FROM:
SUBJECT:
Applicant:
Project Location:
Proposed Project:
Donald R. van der Vaart
Secretary
Lee Padrick
Division of Community Assistance
Doug Huggett
Major Permits Processing Coordinator
CAMA/DREDGE & FILL Permit Application Review
Gull Harbor Marina
Adjacent to Bogue Sound at 127 Gull Harbor Drive, Newport.
Proposes the addition of 5 new slips, 3 new finger piers, and 5-tie pilings at the
existing 30-slip private residential marina.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
July 14, 2015. 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.
jz�<s 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�O&Z i r .
7 — /O —i.T
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] k FAX [phone] k Internet: www.nccoastalmanagement.net
An Equal opportunity I Affirmative Action Employer
RECEIVED
JUL 18 2015
u�:M-upriu G;tu;

I�CNIE
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
June 24, 2015
TO:
FROM:
SUBJECT:
Applicant:
Project Location:
Donald R. van der Vaart
Secretary
CEIVE
JUN 2 6 2015
Dan Sams
Division of Energy, Mineral & Land Resources
Doug Huggett
Major Permits Processing Coordinator
CAMA/DREDGE & FILL Permit Application Review
Gull Harbor Marina
Adjacent to Bogue Sound at 127 Gull Harbor Drive, Newport.
Proposed Project: Proposes the addition of 5 new slips, 3 new finger piers, and 5-tie pilings at the
existing 30-slip private residential marina.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
July 14, 2015. 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. JUL 01 1015
�M Aux
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 cJuac 2� Z� S
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX [phone] Internet www.ncooastalmanagement.net
An Equal Opportunity I Affirmative Action Employer

06
ATOA
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Gull Harbor Yacht Club
Attn: Will Wallin
109 Gull Harbor Drive
Newport, NC 28570
Subject Property:
Dear Mr. Wallin:
July 16, 2015
Donald R. van der Vaart
Secretary
DWR Project k 20150638
Carteret County
Gull Harbor Yacht Club boat slip additio AA
AM$� Q"" Fi,�r2 I
No written Concurrence Needed ttt3 "``����"'' !�
You have our approval, in accordance with the attached conditions and those listed below to add five
additional slips to the existing 30-slip docking facility, as described in your CAMA application dated June 24,
2015 and received by the Division of Water Resources (DWR) on June 26, 2015. After reviewing your
application, we have decided that the impacts are covered by General Water Quality Certification Number
3883 (GC 3883). This Certification allows you to use the General Permit 198700056 when issued by the US
Army Corps of Engineers and the CAMA Major Permit when issued by the Division of Coastal Management.
In addition, you should obtain or otherwise comply with any other required federal, state or local permits
before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non -
discharge, and stormwater regulations. Also, this approval to proceed with your proposed impacts or to
conduct Impacts to waters as depicted in your application shall expire upon expiration of the General
Permits or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this General Certification and approval letter and is thereby
responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one
acre of wetland or 150linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification
and any additional conditions listed on the following pages.
The Additional Conditions of the Certification are:
1. This approval is for the purpose and design described in your application. The plans and specifications for this
project are incorporated by reference as part of the Certification. If you change your project, you must notify
the Division and you may be required to submit a new application package with the appropriate fee. If the
property is sold, the new owner must be given a copy of this approval letter and General Certification and is
responsible for complying with all conditions. Any new owner must notify the Division and request the
Certification be issued in their name (15A NCAC 02H .0501 and .0502).
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
Phone: [phone]\ Internet: www.ncdenr.gov
An Equal OppatunitylAfirm llye Adon Emplayer-Nadain pat by recyctedpaper

Gull Harbor Yacht Club
Attn: WIII Wallin
DWR Project N 2015-0633
July 16, 2015
Page 2 of 4
2. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the application. All construction activities, including the design,
installation, operation, and maintenance of sediment and erosion control Best Management Practices,
shall be performed so that no violations of state water quality standards, statutes, or rules occur
Approved plans and specifications for -this project are incorporated by reference and are enforceable
parts of this permit (15A NCAC 02H .0501 and .0502).
3. Turbidity Standard
The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described
in 15 A NCAC 28..0221. Appropriate sediment and erosion control practices must be used to meet this
standard. Turbidity curtains s hall be used as appropriate. Please notify this Office if any turbidity
issues arise at 910.796.7215
4. SAVS
Please note that the area surrounding the marina contains submerged aquatic vegetation
(SAVs). No impacts to SAVs are authorized by this certification. [15A NCAC 02B .0221(1) and
15A NCAC 07H .0208 (b)]
5. Any final construction plans for this project must include or reference the application and plans
approved by the DWR under the authorization letter and certification. The applicant will also be
required to evaluate all acquired permits to assure that they are consistent and all relative Impacts
are accounted for and shown on the construction plans .(15A NCAC 02H .0502 (b) and 15A NCAC 02H
.0506(4)]
6. The permitee shall require its contractors and/or agents to comply with the terms of this permit in the
construction and maintenance of this project, and shall provide each of its contractors and/or agents
associated with the construction or maintenance of this project a copy of this certification. A copy of
this certification including all conditions shall be available at the project site during the construction
and maintenance of this project. [15A NCAC 02H .0507 b© and 15A NCAC 02H .0506 (b)(2) and (c)(2)]
7. All mechanized equipment will be regularly inspected and maintained to prevent contamination of
waters and wetlands from hydrocarbons or other potential toxic chemicals. In the event of a
hydrocarbon or chemical spill, the permitee/contractor shall immediately contact the Division of Water
Quality, between the hours of 8 am to 5 pm at the Wilmington regional office at 910.796.7215 or Steve
Lewis at 919.807.6308 and after hours and on weekends call the USCG National Response Center at
1.800.424.8802. management of such spills shall comply with provisions of the North Carolina Oil
Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3), i5A NCAC 02B.
0200 (3)(f), and GS 143 Article 21 A]

Gull Harbor Yacht Club
Attn: Will Wallin
DWR Project H 2O15-0638
July 16, 2015
Page 3 of 4
7. Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a
waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3) and
(c)(3) and 15A NCAC 02B .0200 (3)(f)]
8. This General Certification shall expire on the same day as the expiration date of the corresponding
General Permit. The conditions in effect on the date of issuance of the Certification for a specific
project shall remain in effect for the life of the project, regardless of the expiration of this Certification.
Continuing Compliance:
9. The applicant/permitee and their authorized agents shall conduct all activities in a manner consistent
with State water quality standards (including any requirements resulting from compliance with 303(d)
of the Clean Water Act), and any other appropriate requirements of State and Federal law. If the
Division determines that such standards or laws are not being met, including failure to sustain a
designated or achieved use, or that State or Federal law is being violated, or that further conditions are
necessary to assure compliance, than the Division may reevaluate and modify this General Water
Quality Certification. [15A NCAC 02H .0507(d)]
10. Certificate of Completion
The applicant and/or authorized agent shall provide a completed Certificate of Completion form to
the Division within 30 (thirty) days of project completion. Mail to: NCDENR DWR 401 and Buffers
Unit North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699. The
certification of completion is available at:
http://portal.ncdenr.org/web/wq/swp/ws/401/certsandpermits/apply/forms). [15A NCAC 02H
.0506(b)(5)]
11. This certification grants permission to the director, an authorized representative of the Director, or
DENR staff, upon the presentation of proper credentials, to enter the property during normal
business hours (15A NCAC 02H .0502 (e)).
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification shall expire upon
expiration of the 404 or CAMA Permit.
If you wish to contest any conditions in the enclosed certification (associated with the approved wetland or
waters impacts) you must file a petition for an administrative hearing. You may obtain the petition form
from the office of Administrative hearings. You must file the petition with the office of Administrative
Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in
the office of Administrative Hearings during normal office hours. The Office of Administrative Hearings
accepts filings
Monday through Friday between the hours of 8:00 am and 5:00 pm, except for official state holidays. The
original and one (1) copy of the petition must be filed with the Office of Administrative Hearings.

6-
Gull Harbor Yacht Club
Attn: Will Wallin
DWR Project N 2015-0638
July 16, 2015
Page 4 of 4
The petition may be faxed -provided the original and one copy of the document is received by the Office of
Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699.6714
Telephone: [phone], Facsimile: (919)-733-3478
A copy of the petition must also be served on DENR as follows
Sam M. Hayes, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
Unless such a petition is filed, this certification and Its conditions are final and binding
This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water
Act and 15A NCAC 02H .050D. If you have any questions, please telephone Jennifer Burdette in the Central
Office in Raleigh at 919.807.6364 or by e-mail [e-mail] or myself in the DWR
Wilmington Regional Office at 910.796.7306 or by e-mail Joanne.Steenhuis([e-mail].
Senior Environmental Specialist
Wilmington Regional Office
Division of Water Resources, NCDENR
Enclosures: GC 3883
cc: Bentley Brooks — Brooks Dredging and Marine Construction
Liz Hair - USACE Wilmington Regulatory Field Office — electronic copy
Jennifer Burdette - DWR 401 Wetlands and Buffers Unit
Doug Huggett - DCM Morehead City —electronic copy
Heather Styron - DCM Morehead City— electronic copy
WiRO

If
A
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
June 24, 2015
MEMORANDUM:
TO:
FROM:
SUBJECT:
Applicant:
Project Location:
Proposed Project:
Donald R. van der Vaart
Secretary
EM ECEIVE
JUN 2 6 2015
Linda Lewis
Joanne Steenhuis
Division of Water Resources
Doug Huggett
Major Permits Processing Coordinator
CAMA/DREDGE & FILL Permit Application Review
Gull Harbor Marina
Adjacent to Bogue Sound at 127 Gull Harbor Drive, Newport.
Proposes the addition of 5 new slips, 3 new finger piers, and 5-tie pilings at the
existing 30-slip private residential marina.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
July 14, 2015. 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 agenc bjects to the project for reasons described in the attached comments.
SIGNED DATE
RECEIVED
400 Commerce Avenue, Morehead City, North Carolina 28557 JUL 07 ab
Phone: [phone] FAX [phone] Internet: www.ncooastalmanagement.net
An Equal opportunity I Affirmative Action Employer "'��°"�� En�

e�� r
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald van der Vaart
Governor Secretary
July 13, 2015
Mr. Will Wallin
Gull Harbor Yacht Club
109 Gull Harbor Drive
Newport, NC 28570
Subject: EXEMPTION
Stormwater Project No. SW8150619
Gull Harbor Marina Boat Slips Project
Carteret County
Dear Mr. Wallin:
The Wilmington Regional Office of the Division of Energy, Mineral, and Land Resources received a copy of the CAMA Major
Permit Application for the subject project on June 26, 2015. Staff review of the plans and specifications has determined that
the development activities proposed at this time will not pose a threat to surface water quality from stormwater runoff. The
Director has determined that projects that are reviewed and approved by the Division as not posing a water quality threat from
stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000, the
stormwater rules. By copy of this letter, we are informing you that this project will not require a stormwater management
permit.
If the subject project disturbs one acre or more and has a point source discharge of stormwater runoff, then it is also subject to
the National Pollutant Discharge Elimination System (NPDES) stormwater discharge requirements. You are required to have
an NPDES permit for stormwater discharge from projects meeting these criteria. All temporary built -upon area associated with
the construction of the project must be removed within 30 days of completion of the project, or when it is no longer needed,
whichever occurs first.
If you have any questions or need additional information concerning this matter please contact Linda Lewis at [phone],
or e-mail her at [e-mail].
Since I"
For racy E. Da , P.E., Director
Division of Energy, Mineral, and Land Resources
GDS/ad: G:\WQ\Shared\StormwateAPermits & Projects\2015 \150619 Exemption\2015 07 permit 150619
cc: Brooks Dredging & Marine Construction RECEIVED
Town of Newport Building Inspections
Doug Huggett/ DCM JUL 21 2015
Wilmington Regional Office Stormwater file
Q6BryWnN
Division of Energy, Mineral, and Land Resources
Land Quality Section — Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
(910) 796-72151 Fax: [phone] • Internet: hb:lloortaI.nodenr.ora/webAr/

RIMA
NCDEE R
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
June 24, 2015
MEMORANDUM:
TO:
FROM:
SUBJECT:
Applicant:
Project Location:
Donald R. van der Vaart
Secretary
RECEIVED
JUN 2 9 2015
DOA
STATE PROPERTY
Tim Walton OFFICE
State Property Office
Doug Huggett
Major Permits Processing Coordinator
CAMA/DREDGE & FILL Permit Application Review
Gull Harbor Marina
Adjacent to Bogue Sound at 127 Gull Harbor Drive, Newport.
Proposed Project: Proposes the addition of 5 new slips, 3 new finger piers, and 5-tie pilings at the
existing 30-slip private residential marina.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
July 14, 2015. 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:
55`r_1
SIGNED
Thi&agency has no objection to the project as proposed.
V T'his 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.
��r
— �() = REeEIVED
Carolina 28557
.nocoastalmanagement.net
An Equal Opportunity I Affirmative Action Employer
JUL t t 9'15

RECEIVED
JUL 13 2015
Wuaw+wN

t
NC®ENR
North Carolina Department of Environment and Natural Resources, -,-,.-
Pat Mc gory ' Donald R. van der Vaart
Gover Secretary
June 24, 2015
rt " Cc
MEMORANDUM:
TO: Renee Gledhill -Early
NC Department of Cultural Resources
FROM: Doug Huggett
Major Pennits Processing Coordinator Ly
SUBJECT: CAMA/DREDGE & ]FILL Permit Application Review
Applicant: Gull Harbor Marina
Project Location: Adjacent to Bogue Sound at 127 Gull Harbor Drive, Newport.
Proposed Project: Proposes the addition of 5 new slips, 3 new finger piers, and 5-tic pilings at the
existing 30-slip private residential marina.
Please indicate below your agency's position or viewpoint on the proposed project and return this fond by
July 14, 2015. 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 agencyobjectsto the project for reasons described in the attached comments.
SIGNED t1 apt �1J ` �7i QO,A DATE
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX [phone] t Internet vnvvj.nccoa,ta!managementnet
An Equal bppertunityIAffirmati'veAction Empbyer JUN 3 0 ?U15

QT-A A
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
June 24, 2015
MEMORANDUM:
TO:
FROM:
SUBJECT:
Applicant:
Project Location:
Donald R. van der Vaart
Secretary
u u JUN 19 2015 L
Shellfish Sanitation E ?- Water Qua�eational
cV - ov
Patti Fowler
Shellfish Sanitation
Doug Huggett
Major Permits Processing Coordinator
CAMA/DREDGE & FILL Permit Application Review
Gull Harbor Marina
Adjacent to Bogue Sound at 127 Gull Harbor Drive, Newport.
REC1'VED
JUN 3 0 2015
— .1 e.­ > I'll,
Proposed Project: Proposes the addition of 5 new slips, 3 new finger piers, and 5-tie pilings at the
existing 30-slip private residential marina.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
July 14, 2015. 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: s agency has no objection to the project as proposed. RECEiVrr
2,
This agency has no comment on the proposed project. JUN 3 0
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects tp�the project for reasons described in the attached comments.
SIGNED L� 1,04 e'�.wbA DATE
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity I Affirmative Action Employer

a
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
G15.a�,er.aZ
June 24, 2015
MEMORANDUM:
TO:
FROM:
SUBJECT:
Applicant:
Project Location:
Proposed Project:
Donald R. van der Vaart
Secretary
Maria Dunn
NC Wildlife Resources Commission
Doug Huggett
Major Permits Processing Coordinator
CAMA/DREDGE & FILL Permit Application Review
Gull Harbor Marina
Jlll_ 2015
REED
Cap
�+MM
Adjacent to Bogue Sound at 127 Gull Harbor Drive, Newport.
Proposes the addition of 5 new slips, 3 new finger piers, and 5-tie pilings at the
existing 30-slip private residential marina.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
July 14, 2015. 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 a — 6 RECEIVED
400 Commerce Avenue, Morehead City, North Carolina 28557 JUL 15 2015
Phone: [phone]FAX [phone]Internet: www,ncooastalmanagement.net pcw+wd�m
An Equal Opportunity! Affirmative Action Employer

MDO JUN 2 2015
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
June 24, 2015
MEMORANDUM:
TO:
FROM:
SUBJECT:
Applicant:
Project Location:
Proposed Project:
------------------------
Donald R. van der Vaart
Secretary
Local Permit Officer
Carteret County
Doug Huggett
Major Permits Processing Coordinator
CAMA/DREDGE & FILL Permit Application Review
Gull Harbor Marina
Adjacent to Bogue Sound at 127 Gull Harbor Drive, Newport.
Proposes the addition of 5 new slips, 3 new finger piers, and 5-tie pilings at the
existing 30-slip private residential marina.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
July 14, 2015. 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. RECEIVED
JUN 2 9 2015
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
rThiragonqobjects to the project for reasons described in the attached comments.
SIGNED DATE
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity I Affirmative Action Employer

Stud 6 9 to
03A13336

AMAK`rh
NCDENR
North Carolina Department of Environment and:Natural Resources
Pat McCrory
Governor
June 24, 2015
MEMORANDUM:
TO:
FROM:
SUBJECT:
Applicant:
Project Location:
Gregg Bodnar
Division of Coastal Management
Doug Huggett
Major Permits Processing Coordinator
CAMA/DREDGE & FILL Permit Application Review
Gull Harbor Marina
Donald R. van der Vaart
Secretary
RECEIVED
JUN 2 4 2015
DCM-Flsherlee
MHD Clty
Adjacent to Bogue Sound at 127 Gull Harbor Drive, Newport.
Proposed Project: Proposes the addition of 5 new slips, 3 new finger piers, and 5-tie pilings at the
existing 30-slip private residential marina.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
!July .19,:20:1".5. 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)Zcomment 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 k - DATE 7�3S.
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX [phone] Internet: www.nccoastalmanagement.net
An Equal opportunity I Affirmative Action Employer

NCDENR.
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Wart
Governor Secretary
MEMORANDUM:
TO: Doug Huggett, DCM Major Permit Coordinator
FROM: Gregg Bodnar, DCM Fisheries Resource Specialist
SUBJECT: Gull Harbor Marina (127 Gull Harbor Dr. Newport)
DATE: 7/13/15
A North Carolina Division of Coastal Management (DCM) Fisheries Resource Specialist has reviewed the
subject permit application for proposed actions that impact fish and fish habitats. The applicant
proposes to add an additional 5 slips to an already existing 30 slip facility. The waters are classified as
High Quality (HQW), supporting shellfish (SA) and are closed to shellfishing by the Division of Marine
Fisheries Shellfish Sanitation Section.
Due to the closed waters status the addition of the 5 slips may trigger an additional closure due as
stated in Shellfish Sanitation rulemaking. Inquiries into this potential have indicated that the additional
slips will not trigger an increase in closure size. If the additional slips would trigger an increase in
shellfish harvest closure, I would object to the proposal.
Contact Gregg Bodnar at [phone] ext. 213 or [e-mail]_ with further questions
or concerns.
1601 Mail Service Center, Raleigh, North Carolina 27699-1601
Phone: [phone]Internet: www.ncdenr.gov
An Equal oppodunityIAffrmadveAcdon Employer —Made 16 parl by tMeled paper

Huggett, Doug
FrorTi: Hair, Sarah E SAW <[e-mail]>
Sent: Thursday, July 16, 2015 10:44 AM
To: Steenhuis, Joanne; Huggett, Doug; Styron, Heather M.
Subject: Gull Harbor Marina (UNCLASSIFIED)
Attachments: GP 56 copy for Gull Harbor Marina.pdf
Classification: UNCLASSIFIED
Caveats: NONE
Attached is an electronic copy for your records.
Please let me know if you need additional information.
Thankyoul
Liz Hair
Regulatory Project Manager
U.S. Army Corps of Engineers -Wilmington District Wilmington Regulatory Field Office
69 Darlington Avenue
Wilmington, NC 28403
phone: [phone]
email: sarah.e.hair([e-mail]
"The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at: http://regulatory.usacesurvey.com
Classification: UNCLASSIFIED
Caveats: NONE

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
July 16, 2015
Regulatory Division
Action ID No. SAW-2015-01527, General Permit No.197800056
Mr. Will S. Wallin
Gull Harbor Yacht Club
109 Gull Harbor Drive
Newport, North Carolina 28570
Dear Mr. Wallin:
Through coordination with the North Carolina Division of Coastal Management we have
learned of your request to' expand an existing marina at 127 Gull Harbor Drive, Gull Harbor
Marina, along Bogue Sound in Newport, Carteret County, North Carolina. Coordinates are:
34.7299 N,-76.8467 W.
On January 1, 2011, we renewed general permit No. 197806056, (copy enclosed), that
authorizes the maintenance, repair, construction and installation of piers, docks, boathouses and
boat shelters, mooring piles, dolphins, jetties and breakwater structures in navigable waters of the
United States in the State of North Carolina pursuant to Section 10 of the Rivers and Harbors Act
of 1899.
Your work is authorized provided it is accomplished in strict accordance with your
submitted plans and the enclosed general conditions:
1. All work authorized by this permit must be performed in strict compliance with the
submitted plans and the revised plans received on 29 June 2015,.which are a part of this permit.
Please read the enclosed permit to prevent an unintentional violation of Federal law. As
this Department of the Army regional general permit does not relieve you of the responsibility to
obtain any other required approvals, you should contact appropriate State and local agencies
before beginning work.

-2-
Thank you for your time and cooperation. If you have questions, please contact Ms. Liz
Hair, of the Wilmington Regulatory Field Office, telephone: [phone].
Sincerely,
Liz Hair, Project Manager
Wilmington'Regulatory Field Office
Enclosure:
GP 56 conditions
Copies Furnished (with enclosure):
Mr. Bentley Brooks
Brooks Dredging and Marine Construction
507 Bayview Drive
Harkers Island, North Carolina 28531
Copies Furnished (without enclosure):
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of
Environment and Natural Resources
400 Commerce Ave
Morehead City, North Carolina 28557
Ms. Heather Styron
Division of Coastal Management
North Carolina Department of
Environment and Natural Resources
400 Commerce Ave
Morehead City, North Carolina 28557

-3-
Ms. Karen Higgins
Division of Water Resources
North Carolina Department of
Environment and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Ms. Joanne Steenhuis
Division of Water Resources
North Carolina Department of
Environment and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
RMILY TO
ATTRMONM July 16, 2015
Regulatory Division
Action ID No. SAW-2015-01527, General Permit No. 197800056
Mr. Will S. Wallin
Gull Harbor Yacht Club
109 Gull Harbor Drive
Newport, North Carolina 28570
Dear Mr. Wallin:
Through coordination with the North Carolina Division of Coastal Management we have
learned of your request to expand an existing marina at 127 Gull Harbor Drive, Gull Harbor
Marina, along Bogue Sound in Newport, Carteret County, North Carolina. Coordinates are:
34.7299 N,-76.8467 W.
On January 1, 2011, we renewed general permit No. 197800056, (copy enclosed), that
authorizes the maintenance, repair, construction and installation of piers, docks, boathouses and
boat shelters, mooring piles, dolphins, jetties and breakwater structures in navigable waters of the
United States in the State of North Carolina pursuant to Section 10 of the Rivers and Harbors Act
of 1899.
Your work is authorized provided it is accomplished in strict accordance with your
submitted plans and the enclosed general conditions:
1. All work authorized by this permit must be performed in strict compliance with the
submitted plans and the revised plans received on 29 June 2015,.which are a part of this permit.
Please read the enclosed permit to prevent an unintentional violation of Federal law. As
this Department of the Army regional general Nimit does not relieve you of the responsibility to
obtain any other required approvals, you should contact appropriate State and local agencies
before beginning work.
RECENED
JUL 2 U M
0GaO4iMW "N

spa
Thank you for your time and cooperation. If you have questions, please contact Ms. Liz
Hair, of the Wilmington Regulatory Field Office, telephone: [phone].
Sincerely,
Liz Hair, Project Manager
Wilmington Regulatory Field Office
Enclosure:
GP 56 conditions
Copies Furnished (with enclosure):
Mr. Bentley Brooks
Brooks Dredging and Marine Construction
507 Bayview Drive
Harkers Island, North Carolina 28531
Copies Furnished (without enclosure):
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of
Environment and Natural Resources
400 Commerce Ave
Morehead City, North Carolina 28557
Ms. Heather Styron
Division of Coastal Management
North Carolina Department of
Environment and Natural Resources
400 Commerce Ave
Morehead City, North Carolina 28557
9
S'

-3-
Ms. Karen Higgins
Division of Water Resources
North Carolina Department of
Environment and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Ms. Joanne Steenhuis
Division of Water Resources
North Carolina Department of
Environment and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
RECEIVED
JUL 2 0 10b

MA
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
June 24, 2015
MEMORANDUM:
TO:
FROM:
SUBJECT:
Applicant:
Project Location:
Donald R. van der Vaart
Secretary
�(2@20W19 fin,
JUN 2 6 2015 �UJ
Division of Water Resources
WiRO - Public Water Supply
Diane Williams
Public Water Supply
Doug Huggett
Major Permits Processing Coordinator
CAMA/DREDGE & FILL Permit Application Review
Gull Harbor Marina
Adjacent to Bogue Sound at 127 Gull Harbor Drive, Newport.
Proposed Project: Proposes the addition of 5 new slips, 3 new finger piers, and 5-tie pilings at the
existing 30-slip private residential marina.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
July 14, 2015. 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: }o 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 f. RECEIVED
�k vc \Jgk I v, (Lo JUL 07 2015
4N.P514rI;1 S:11• .
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX [phone] Internet: www.nocoastaimanagement.net
An Equal Opportunity / Affirmative Action Employer

R1
***This is a word processing form to be completed in Microsoft Word***
NC Division of Coastal Management
Major Permit Application Computer Sheet
(02/15/2010)
Applicant: Gull Harbor marina
Date: 6/22/15
Project Site County Carteret
Staff: HMS
District: ❑Elizabeth City ❑Washington
®Morehead City ❑Wilmington
Project Name:
Rover File:
Date Application Submitted: 6/2/15
Date application "received as complete" in the Field office (EX: 1/8/2007): 6/2115
Permit Authorization: ®CAMA ❑Dredge & Fill ❑Both
SITE DESCRIPTION/PERMIT INFORMATION
PNA: ❑Yes ®No
Photos Taken: Yes® No❑
Setback Required (riparian): ❑Yes ®No
Critical Habitat: ❑Yes ®No [-]NotSure
15 foot waiver obtained: []Yes ®No
Hazard Notification Returned:
❑Yes ®No
SAV: ❑Yes ®No ❑Not Sure
Shell Bottom: ❑Yes ®No ❑ Not Sure
Temporary Impacts: ®Yes ❑No
Sandbags: ❑Yes ®No ❑ Not Sure
Did the land use classification come from
county LUP: ❑Yes ®No
Mitigation Required (optional):
❑Yes ®No
Moratorium Conditions: ❑Yes ®No
❑NA
Environmental Assessment Done:
❑Yes ®No ❑NA
SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4)
❑ Future Water Supply (FWS)
❑ Nutrient Sensitive Waters (NSW)
I ❑ Swamp Waters (SW)
® High Quality Waters (HOW)
❑ Outstanding Resource Waters (ORW)
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
❑ (SC) Bullrush or three square (Scirpus
❑ (TY) Cattail (Typha sp.)
spicata)
sp.)
❑ (JR) Black needlerush (Juncus
❑ (SP) Salttmeadow grass (Spartina
roemerianus)
patens)
APPLICATION FEE
❑ No fee required - $0.00
❑ III(A) Private w/ D&F up to 1 acre; 3490
❑ III(D) Priv. public or comm w/ D&F to 1
can be applied - $250
acre; 3490 can't be applied - $400
❑ Minor Modification to a CAMA Major
❑ Major Modification to a CAMA Major
❑ IV Any development involving D&F of
permit - $100
permit - $250
more 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 -
❑ II. Public or commercial/no dredge
$100
and/or fill - $400
252-808-2808 n 1.888.4RCOAST :: www.nccoastalmanaaement.net
revised: 02115/10

INC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3)
Applicant: Gull Harbor Marina
Date: 6/22115
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
1
New Work ®
Replace
Finger pier
Maint ❑
❑ Y ON
15,
3'
2
New Work ®
Replace
Finger pier
Maint ❑
❑ Y ON
25'
3'
5
New Work ®
Replace
Mooring pilings
Maint ❑
❑ Y ❑ N
5
5
New Work ®
Replace
New slips
Maint ❑
El El
5
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
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
New Work ❑
Replace
Maint ❑
❑ Y [-IN
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
revised 02115/10

NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 3)
Applicant: Gull Harbor Marina
Date: 6/22/15
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
temp impacts)
FINAL Sq. Ft.
(Anticipated final
disturbance.
Excludes any
restoration
and/or temp
impact amount)
TOTAL Feet
(Applied for.
Disturbance
total includes
any anticipated
restoration or
temp impacts
FINAL Feet
(Anticipated final
disturbance.
Excludes any
restoration and/or
temp impact
amount
Open water
Dredge ❑ Fill ❑ Both ❑ Other ®
195
195
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 ❑
252-808-2808 :: 1.888-0RCOAST :: www.nccoastalmanagement.net revised: 02/15/10

NORTH CAROUfw. GM I EM i t IT
TIT• hammom and mY CM0000 M ddv Md at dw
dale dN*w and` da Book and fay@ drawn on Y,o
tl�Ipq
NMo. d Oaem
8! wV�svr.�s•.•wor
Prepared By:
WHITE 6 ALLEN, P.A.
NORTH CAROLINA pae.GL* 434b 047307J v
SUBSTITUTE TRUSTEE'S DEED
CRAVEN COUNTY
THIS DEED, made this � d of 20 •
by John C. Bircher III, Substitute Trustee, of Craven County,
North Carolina, Grantor, to Gull Harbor Yacht Club, Inc,
Grantee; 131 Cedow LRne, Newport, VC a$S:FD
W I T N E S S E T H:
THAT WHEREAS, on the 3rd day of February, 2000, Byron
T. Unger and Anna M. Kent, executed and delivered unto TRIANdLE
BANK, as Trustee, a certain Deed of Trust which is duly recorded
in the Office of the Register of Deeds for Carteret County,
North Carolina, in Book 875, at Page 573, to which reference is
hereby made; and,
WHEREAS, the undersigned John C. Bircher III, having
been substituted as Trustee in said Deed of Trust by an
instrument duly recorded in Book 1108, Page 191, Carteret County
Registry; and,
WHEREAS, in accordance with the Statutes of North
Carolina made and provided in such cases, in a certain Special
Proceeding of Real Estate Foreclosure before the Clerk of
Superior Court of Carteret County, North Carolina, File #06-SP-
0

said statutes, a hearing was held before the said Clerk of
Superior Court on April 13, 2006, at 11:00AM, and certain
-Findings- entered finding that the Grantor, Substitute Trustee
as aforesaid, could proceed with foreclosure under said Deed of
Trust above mentioned and give notice of and conduct a
foreclosure sale of the same, pursuant to the provisions of the
General Statutes of North Carolina now in effect; and,
WHEREAS, under and by virtue of the authority
conferred by the said Deed of Trust, and in accordance with the
terms and stipulations of the same, and after due advertisement
as by said Deed of Trust and law provided, the said Grantor did
on June 6, 2006, at the Courthouse Door in the City of
Beaufort, North Carolina, expose to public sale the lands
hereinafter described, subject to ad valorem property taxes,
assessments, and prior encumbrances of record, if any, where and
when Gull Harbor Yacht Club, Inc., became the last highest
bidder for the sum of ONE HUNDRED THIRTY-SIX THOUSAND Two
HUNDRED SIXTY-TWO AND 50/100 DOLLARS ($136,262.50 ); and,
WHEREAS, said sale was duly reported to the Office of
the Clerk of Superior Court of Carteret County, North Carolina,
and no increased bid has been filed within the time allowed
therefor by law; and,
WHEREAS, said purchase price has now been fully paid
and Grantee has demanded delivery of this deed;
NOW, THEREFORE, in consideration of the premises and
the sum of ONE HUNDRED THIRTY-SIX THOUSAND TWO HUNDRED SIXTY-TWO
AND 50/100 DOLLARS ($136,262.50 ), paid to the said Grantor by
the said Grantee, the receipt of which is hereby acknowledged,
2
RECEIVED
JUN 0 2 1015
PWVJ-(VAMW i.>q,V'

Trustee, as aforesaid, does hereby bargain, sell and convey unto
the said Gull Harbor Yacht Club, Inc., its heirs and assigns,
all that certain parcel of land located in Carteret County,
North Carolina, and more particularly described as follows:
SSE ATTACHED EXHIBIT A
And subject to the RELEASR DEED filed in the Register of
Deeds of Carteret County at Book 1146 Page 134
To HAVE AND To HOLD the same, together with all of the
appurtenances belonging or anywise appertaining, unto the said
Grantee, his heirs and assigns, in as full and ample manner as
the Grantor is empowered to convey the same.
IN WITNESS WHEREOF, the Grantor has hereunto set his
hand and seal the day and year first�bov�r writ�t n/
(SEAT.)
NORTH CAROLINA
Crawl roM•=
!� ,ersonall appeared before me this day
�(\ `.15xy-substitute Trustee, being personally known
ti
to me or identified by satisfactory evidence and acknowledged to
medue voluntary execution of the foregoing
instrument for the terms and purposes therein set forth.
Ak
witness my hand and notarial seal, this 9n day of
NotadfyPublic
My commission expires: z513blaooq
3
RECEIVED
JUN 0 2 2015
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_V 11H09Y:S.

NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory .
Governor
Gull Harbor Yacht Club
109 Gull Harbor Drive
Newport, NC 28557
Dear Sirs:
Donald R. van der Vaart
Secretary
6/23/15
The NC Division of Coastal Management hereby acknowledges receipt of your application for State
approval for development at the property at 127 Gull Harbor Drive in Newport. The complete package
was received on 6/2/15. The projected deadline for making a decision is 8/16/15. 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 final action 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 6/2/15, 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.
erely,
other M. S ron
Coastal Management Representative
Enclosure cc: Roy Brownlow, Compliance Coordinator/District Manager
400 Commerce Avenue, Morehead City, Nonh Carolina 28557
Phone: [phone] \ FAX [phone] \ Internet: www.nccoastaimanagement.net
An Equal Opportunity I AMnnabve Action Employer —Made in pad by recycled paper

m.
AINM1m
lit 11'Trill7wCav
.f
- /0, iLIS I !/ 1
>C L^'?7 "(46LoI
J
r

Styron, Heather M.
From: [e-mail]
Sent: Wednesday, June 24, 2015 8:36 AM
To: Styron, Heather M.
Subject: Email confirmation
Due to software limitations: to expedite the processing of your advertisement, please copy and paste the text into the
body of the email.
This is an automatic response. If you have requested a price quote, we will get back to you as soon as the quote is
available.
Regards,
Legal Department
-------- Original Message -------
> Legal Advertisement Section =
> 6/23/2=
> 015
> Re: Public Notice - Gull Harbor Yacht Club, 127 Gull Harbor Drive,
> Newport
> To Whom It May Concern:
> Please publish the attached Notice in the 6/26/15, issue of the
> Carteret Ne= ws Times.
> The State Office of Budget and Management requires an original
> Affidavit of= Publication prior to payment for newspaper advertising.
> Please send the a=.ffidavit, 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
> quest= ions, please contact me at our Morehead City office.
> Sincerely,
> Heather M. Styron
> Heather M. Styron
> Coastal Management Representative
> NOTICE OF FILING OF

> A PPLICATION FOR CAMA
> MAJOR DEVELOPMENT PERMIT
> The Department of Environment and Natural Resources hereby gives
> public not= ice as required by NCGS 113A-119(b) that application for a
> development perm= it in an Area of Environmental Concern as designated
> under the CAMA was rec= eived on June 2, 2015. According to the
> application, Gull Harbor Marina app= lied for the addition of five
> slips, three finger piers and five tie piling= s for the existing 30
> slip residential marina at 127 Gull Harbor Drive, New= port, Carteret County.
> 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. Cc= mments mailed to Braxton Davis, Director,
> Division of Coastal Management, 4=
> 00 Commerce Avenue, Morehead City, N.C. 28557, prior to 7/16/15, will
> be cc= nsidered in making the permit decision. Later comments will be
> accepted and= considered up to the time of permit decision. Project
> modification may oc= cur based on review and comment by the public and
> state and federal agencie= s. Notice of the permit decision in this
> matter will be provided upon writt= en request.
> PUBLISHED ON: 6/26/15
> Heather Styron
> Field Representative
> NC Division of Coastal Management
> 400 Commerce Ave
> Morehead City, NC 28557
> [phone] Extension 216
> [e-mail]
> Please visit www.nccoastalmanagement.net to subscribe to Coastal
> Management's quarterly newsletter, the CAMAgram.
> E-mail correspondence to and from this address may be subject to the
> North = Carolina Public Records Law and may be disclosed to third parties.

NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Legal Advertisement Section
Re: Public Notice — Gull Harbor Yacht Club, 127 Gull Harbor Drive, Newport
To Whom It May Concern:
Please publish the attached Notice in the 6/26/15, issue of the Carteret News Times.
Donald R. van der Vaart
Secretary
6/23/2015
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,
Heather M. Styron
Coastal Management Representative
HMS
Enclosure
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] \ FAX [phone] \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Art innative Action Employer— Made in part by recycled paper

NOTICE OF FILING OF
A PPLICATION 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 received on June 2, 2015. According to the application, Gull Harbor
Marina applied for the addition of five slips, three finger piers and five tie pilings for the existing 30 slip
residential marina at 127 Gull Harbor Drive, Newport, Carteret County.
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 Davis, Director, Division of Coastal Management,
400 Commerce Avenue, Morehead City, N.C. 28557, prior to 7/16/15, 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.
PUBLISHED ON: 6/26/15

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E/2212015 N.C. Departmert of Envirorrrrert and Natural Reso roes to 127 GUI Harbor Dr, Newport, NC 2a570- Google Maps
CsOOSIC Drive 82.2 miles, 1 h 41 min
Directions from N.C. Department of Environment and Natural Resources to 127 Gull Harbor Dr
o N.C. Department of Environment and Natural Resources
127 North Cardinal Drive, Wilmington, NC 28405
Head northwest on Cardinal Dr Exn
t toward Market St
0.2mi/33s
Take US-17 N and NC-24 E/Rte 24 E/State
24 E to Gull Harbor Dr in Morehead
ores at14M e
e WAmrrg� n
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RECEIVED
0
JUL 13 1015
OCV4406b' kv"
81.8mi/1h39min
IYtpslAvww.google.cornhnapsh5r/N.0 +Department+d+ErrAronmenl+wd+Nahral+Resources.+127+NMMCar6nal+Drive,+Wilmington+NC+28M)51127+... 1/3

62=5 N.C. DOWbnent dEIrAramert WW NaNral Resort to 127Gull Harbor or, Newport, NC 28570- Google Maps
J* 2. Turn right onto US-17 BUS N/Market St
p Hrw 8 r
5.5 mi
3. Keep right at the fork, follow signs for US
17 N and merge onto US-17 N a; „
38.2 mi r h 41 na�
4. Use the right 2 lanes to take the N Carolina
24 E/US-17 N ramp to Camp c,
Lejeune/Morehead City/New Bern
0.6 mi
5. Merge onto US-17 NBeach
3.0 mi
N 6. Use the right 2 lanes to take the North
Carolina 24 E exit toward Camp
Lejeune/Morehead City
0.6 mi
t 7. Continue onto NC-24 E/Lejeune Blvd/Rte
24 E/State 24 E
Continue to follow NC-24 E/Rte 24 E/State
24 E
33.9 mi
Turn right onto Gull Harbor Dr
r ® Destination will be on the left
0.3mi/59s
11
p 127 Gull Harbor Dr
Newport, NC 28570
These directions are for planning purposes only. You may find that construction
projects, traffic, weather, or other events may cause conditions to differ from the map
results, and you should plan your route accordingly. You must obey all signs or notices
regarding your route.
®
a
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Harbor I
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RECEIVED
JUL 13 1015
aC"A&"
9
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Gull Harbor Marina Location Map
GPS location reference: 125 Gull Harbor Dr.
Newport, NC 28570
RECEIVED
JUL 13 2015
JUN 02 20b
CITV

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4'

904 U�-+
Gull Harbor Marina existing slips: 1-30
Gull Harbor Marina proposed additional slips: A-E
RECEIVED
JUL l s 2015
0Ka1it W44
RECEIVED
'UN 0 2 2015
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