40-96 Tyner, Sandy

Fermi[Class
Permit Number
STATE OF -NORTH CAROLINA
Department of Enviionmerit,'1461th & _Natural Resources
Coastal, Resources.Commission
r
,:
Major Development i'3 an Area'"--' , ironmental Concern
pursuant to NCGS 113A=:118-'�°��4,,,
% Excavation and/or filling pursuant to NCGS 113-229
40-96
Issued to Sandy Tyner, 1320 George H Hwy., S.E., Bolivia, NC 28422
authorizing development in Brunswick County at AIWW, immediately east of Hwy. 133 bridge
as requested in the permittee's application dated
11/29/95 including attached
workplan drawings, sheets 1-5 of 7 w/sheet 1 dated revised 3/20/96 and sheets 2-5 dated ree. 11/30/95.
This permit, issued on MARCH 27, 1996 , 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
be subject-to-a-fine,-imprisonment.or_civil action; or may cause the permit to be null and void.
Easement
1) Prior to construction of any new boat slips or other boat docking facilities authorized under this
permit, the permittee must apply for and receive an Easement from the Department of
Administration's State Property office as required under N.C.G.S. 146-12(e).
Excavation
2) The area proposed to be excavated in the permittee's application is hereby reduced to an area
360' x 60' which is depicted in the revised workplan dated 3/20/96.
3) Finished water depth in the basin will slope from 5' MLW at the north end to 6.5' at the AIWW
connection.
(See attached sheet for Additional Conditions)
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the
issuing date. An appeal requires resolution prior to work
initiation or continuance, as the case may be.
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 Departmental approval.
All work must cease when thh rmit expires on
December 31, 1;g
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 DEHNR and the'
Chairman of the Coastal Resources Commission.
1 � Roger . S hecter, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Sandy Tyner Permit #40-96
Page 2 of 4
ADDITIONAL CONDITIONS
4) In order to protect juvenile shrimp and fmfish populations, no excavation or filling will be
permitted between April 1 and September 30 of any year without the prior approval of the
Division of Coastal Management, in consultation with the Division of Marine Fisheries.
5) All excavated materials will be confined above mean high water and landward of regularly or
irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover
of solids into any marsh or surrounding waters. An inspection of the spoil disposal area by a
DCM representative is required prior to initiation of dredging.
6) The disposal area effluent will be contained by pipe, trough, or similar device to a point at or
beyond the mean low water level to prevent gully erosion and unnecessary siltation.
7) The terminal end of the pipeline will be positioned at or greater than fifty feet (50') from any
part of the dike and a maximum distance from spillways to allow settlement of suspended solids.
8) A water control structure will be installed at the intake end of the effluent pipe to assure
compliance with water quality standards.
9) The spoil area will be properly graded and provided a ground cover sufficient to restrain erosion
within thirty (30) working days of project completion.
10) The activity will be conducted in such a manner as to prevent a significant increase in turbidity
outside the area of construction or construction -related discharge. Increases such that the
turbidity in the waterbody is 25 NTUs or less are not considered significant.
Bulkhead Construction
11) The alignment of the proposed bulkhead must be staked by a representative of the Division of
Coastal Management (DCM) within a maximum of thirty (30) days prior to the start of
construction. Failure to initiate construction within thirty (30) days, or erosion of the shoreline
by adverse weather conditions, will require the alignment to be re -staked by DCM within a
maximum of thirty (30) days prior to the new expected start of construction.
12) The bulkhead must be constructed prior to any backfilling activities.
13) The fill material will be clean and free of any pollutants, except in trace quantities. Metal
products, organic materials, or unsightly debris will not be used.

Sandy Tyner
ADDITIONAL CONDITIONS
Permit #40-96
Page 3 of 4
14) All backfill material will be obtained from a highground source, and/or the dewatered dredge
spoil, and confined behind the permitted bulkhead.
Marina Operation
15) No sewage, whether treated or untreated, shall be discharged at any time from boats using the
/ marina. Any sewage discharge at the marina shall be considered a violation of this permit for
V which the permittee is responsible. This prohibition shall be applied and enforced throughout
the entire existence of the permitted structure.
16) This permit authorizes only the docks, 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
, ructures, whether floating or stationary, may become a permanent part of this marina without
V permit modification. No non -water dependent uses of structures may be conducted on, in, or
over public trust waters without permit modification.
17) The permittee must install and maintain, at his expense, any signal lights and signals prescribed
by the U. S. Coast Guard, through regulations or otherwise, on authorized facilities.
18) This permit does not authorize the interference with any existing or proposed Federal project,
and, the permittee will 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.
19) The permittee's scheme of development, of which the authorized work is a part, contemplates
the presence of structures and their attendant utilities on lands subject to an easement in favor
of the United States for the operation, maintenance, improvement, and enlargement of the
Atlantic Intracoastal Waterway (AIWW). Accordingly, the permittee will be required to remove
such structures and improvements at his own expense in the event that, in the judgment of the
U. S. Army Corps of Engineers acting on behalf of the United States, the lands are needed at
any time for any purpose within the scope of the easement. Permanent buildings will not be
constructed within the easement.
20), The permittee will 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 the permit transferred to a third party.

Permit Number
Permit Class
NEW
STATE OF
Department of Environ
i & Natural Resources
IV_:"
..r
Xforte a � :� .�
Major Developinenfih an Area of-Eritvtrorimental Concem
pursuant to NCGS 113k'1'18 '_`_> 1� `> -,
% Excavation and/or filingpursiant to NCGS 113-229
Issued to Sandy Tyner, 1320 George H Hwy., S.E., Bolivia, NC 28422
authorizing development in
Brunswick
40-96
County at `MWW, immediately east of Hwy. 133 bridge
as requested in the permittee's application dated 11/29/95 including attached
drawings, sheets 1-5 of 7 w/sheet 1 dated revised 3/20/96 and sheets 2-5 dated rec. 11/30/95.
This permit, issued on MARCH 27, 1996 , 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
be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void.
Easement
1) Prior to construction of any new boat slips or other boat docking facilities authorized under this
permit, the permittee must apply for and receive an Easement from the Department of
Administration's State Property office as required under N.C.G.S. 146-12(e).
Excavation
2) The area proposed to be excavated in the permittee's application is hereby reduced to an area
360' x 60' which is depicted in the revised workplan dated 3/20/96.
3) Finished water depth in the basin will slope from 5' MLW at the north end to 6.5' at the AIWW
connection.
(See attached sheet for Additional Conditions)
This permit_action may be appealed by the permittee or
other qualified persons within twenty (20) days of the
issuing date. An appeal requires resolution prior to work
initiation or continuance, as the case may be.
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 Departmental approval.
All work must cease when th emrit expires on
December 31 1��9
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 DEHNR and the
Chairman of the Coastal Resources Commission.
Roger . S hecter, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Sandy Tyner Permit #40-96
Page 2 of 4
ADDITIONAL CONDITIONS
4) In order to protect juvenile shrimp and fmfish populations, no excavation or filling will be
permitted between April 1 and September 30 of any year without the prior approval of the
Division of Coastal Management, in consultation with the Division of Marine Fisheries.
5) All excavated materials will be confined above mean high water and landward of regularly or
irregularly flooded marsh behind adequate dikes or other retaining structures to prevent_ spillover
of solids into any marsh or surrounding waters. An inspection of the spoil disposal area by a
DCM representative is required prior to initiation of dredging.
6) The disposal area effluent will be contained by pipe, trough, or similar device to a point at or
beyond the mean low water level to prevent gully erosion and unnecessary siltation.
7) The terminal end of the pipeline will be positioned at or greater than fifty feet (50') from any
part of the dike and a maximum distance from spillways to allow settlement of suspended solids.
8) A water control structure will be installed at the intake end of the effluent pipe to assure
compliance with water quality standards.
9) The spoil area will be properly graded and provided a ground cover sufficient to restrain erosion
within thirty (30) working days of project completion.
10) The activity will be conducted in such a manner as to prevent a significant increase in turbidity
outside the area of construction or construction -related discharge. Increases such that the
turbidity in the waterbody is 25 NTUs or less are not considered significant.
Bulkhead Construction
11) The alignment of the proposed bulkhead must be staked by a representative of the Division of
Coastal Management (DCM) within a maximum of thirty (30) days prior to the start of
construction. Failure to initiate construction within thirty (30) days, or erosion of the shoreline
by adverse weather conditions, will require the alignment to be re -staked by DCM within a
maximum of thirty (30) days prior to the new expected start of construction.
12) The bulkhead must be constructed prior to any backfilling activities.
13) The fill material will be clean and free of any pollutants, except in trace quantities. Metal
products, organic materials, or unsightly debris will not be used.

Sandy Tyner Permit #40-96
Page 3 of 4
ADDITIONAL CONDITIONS
14) All backfill material will be obtained from a highground source, and/or the dewatered dredge
spoil, and confined behind the permitted bulkhead.
Marina Operation
15) No sewage, whether treated or untreated, shall be discharged at any time from boats using the
marina. Any sewage discharge at the marina shall be considered a violation of this permit for
which the permittee is responsible. This prohibition shall be applied and enforced throughout
the entire existence of the permitted structure.
16) This permit authorizes only the docks, 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
structures, whether floating or stationary, may become a permanent part of this marina without
permit modification. No non -water dependent uses of structures may be conducted on, in, or
over public trust waters without permit modification.
17) The permittee must install and maintain, at his expense, any signal lights and signals prescribed
by the U. S. Coast Guard, through regulations or otherwise, on authorized facilities.
18) This permit does not authorize the interference with any existing or proposed Federal project,
and, the permittee will 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.
19) The permittee's scheme of development, of which the authorized work is a part, contemplates
the presence of structures and their attendant utilities on lands subject to an easement in favor
of the United States for the operation, maintenance, improvement, and enlargement of the
Atlantic Intracoastal Waterway (AIWW). Accordingly, the permittee will be required to remove
such structures and improvements at his own expense in the event that, in the judgment of the
U. S. Army Corps of Engineers acting on behalf of the United States, the lands are needed at
any time for any purpose within the scope of the easement. Permanent buildings will not be
constructed within the easement.
20) The permittee will 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 the permit transferred to a third party.

Sandy Tyner
ADDITIONAL CONDITIONS
Permit #40-96
Page 4 of 4
NOTE: The Division of Environmental Management authorized this project under General Water
Quality Certification No. 3025.
NOTE: An Erosion and Sedimentatin Control Plan will be required for this project. This plan
must be filed at least thirty (30) days prior to the beginning of any land -disturbing
activity. Submit this plan to the Department of Environment, Health and Natural
Resources, Land Quality Section, 127 Cardinal Drive Extension, Wilmington, NC
28405-3845.

% Major Devi
pursuant to
Permit Class Permit Number
NEW 40-96
STATE
Department
may,- and=
Coastal Resources
for;
ECAROLINA
6altti & Natural Resources
: 1, `.
.nG4T-
Concern
% Excavation and/or filling pusuant to NCGS 113-229
Issued to Sandy Tyner, 1320 George H Hwy., S.E., Bolivia, NC 28422
authorizing development in
Brunswick
County at ATWW' immediately east of Hwy. 133 bridge
, as requested in the permittee's application dated 11/29/95 including attached
drawings, sheets 1-5 of 7 w/sheet 1 dated revised 3/20/96 and sheets 2-5 dated rec. 11/30/95.
This pemiit, issued on MARCH 27, 1996 , 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
be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void.
Easement
1) Prior to construction of any new boat slips or other boat docking facilities authorized under this
permit, the permittee must apply for and receive an Easement from the Department of
Administration's State Property office as required under N.C.G.S. 146-12(e).
Excavation
2) The area proposed to be excavated in the permittee's application is hereby reduced to an area
360' x 60' which is depicted in the revised workplan dated 3/20/96.
3) Finished water depth in the basin will slope from 5' MLW at the north end to 6.5' at the AIW W
connection.
(See attached sheet for Additional Conditions)
This permit action may be appealed by the pemrittee or
other qualified persons within twenty (20) days of the
issuing date. An appeal requires resolution prior to work
initiation or continuance, as the case may be.
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 Departmental approval.
All work December 31 4 rmit expires on
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 DEHNR and the
Chairman of the Coastal Resources Commission.
o Roger . S hecter, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Sandy Tyner Permit #40-96
Page 2 of 4
ADDITIONAL CONDITIONS
4) In order to protect juvenile shrimp and fintish populations, no excavation or filling will be
permitted between April 1 and September 30 of any year without the prior approval of the
Division of Coastal Management, in consultation with the Division of Marine Fisheries.
5) All excavated materials will be confined above mean high water and landward of regularly or
irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover
of solids into any marsh or surrounding waters. An inspection of the spoil disposal area by a
DCM representative is required prior to initiation of dredging.
6) The disposal area effluent will be contained by pipe, trough, or similar device to a point at or
beyond the mean low water level to prevent gully erosion and unnecessary siltation.
7) The terminal end of the pipeline will be positioned at or greater than fifty feet (50') from any
part of the dike and a maximum distance from spillways to allow settlement of suspended solids.
8) A water control structure will be installed at the intake end of the effluent pipe to assure
compliance with water quality standards.
9) The spoil area will be properly graded and provided a ground cover sufficient to restrain erosion
within thirty (30) working days of project completion.
10) The activity will be conducted in such a manner as to prevent a significant increase in turbidity
outside the area of construction or construction -related discharge. Increases such that the
turbidity in the waterbody is 25 NTUs or less are not considered significant.
Bulkhead Construction
11) The alignment of the proposed bulkhead must be staked by a representative of the Division of
Coastal Management (DCM) within a maximum of thirty (30) days prior to the start of
construction. Failure to initiate construction within thirty (30) days, or erosion of the shoreline
by adverse weather conditions, will require the alignment to be re -staked by DCM within a
maximum of thirty (30) days prior to the new expected start of construction.
12) The bulkhead must be constructed prior to any backfilling activities.
13) The fill material will be clean and free of any pollutants, except in trace quantities. Metal
products, organic materials, or unsightly debris will not be used.

Sandy Tyner Permit #40-96
Page 3 of 4
ADDITIONAL CONDITIONS
14) All backfill material will be obtained from a highground source, and/or the dewatered dredge
spoil, and confined behind the permitted bulkhead.
Marina Operation
15) No sewage, whether treated or untreated, shall be discharged at any time from boats using the
marina. Any sewage discharge at the marina shall be considered a violation of this permit for
which the permittee is responsible. This prohibition shall be applied and enforced throughout
the entire existence of the permitted structure.
16) This permit authorizes only the docks, 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
structures, whether floating or stationary, may become a permanent part of this marina without
permit modification. No non -water dependent uses of structures may be conducted on, in, or
over public trust waters without permit modification.
17) The permittee must install and maintain, at his expense, any signal lights and signals prescribed
by the U. S. Coast Guard, through regulations or otherwise, on authorized facilities.
18) This permit does not authorize the interference with any existing or proposed Federal project,
and, the permittee will 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.
19) The permittee's scheme of development, of which the authorized work is a part, contemplates
the presence of structures and their attendant utilities on lands subject to an easement in favor
of the United States for the operation, maintenance, improvement, and enlargement of the
Atlantic Intracoastal Waterway (AIWW). Accordingly, the permittee will be required to remove
such structures and improvements at his own expense in the event that, in the judgment of the
U. S. Army Corps of Engineers acting on behalf of the United States, the lands are needed at
any time for any purpose within the scope of the easement. Permanent buildings will not be
constructed within the easement.
20) The permittee will 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 the permit transferred to a third party.

Sandy Tyner
ADDITIONAL CONDITIONS
Permit #40-96
Page 4 of 4
NOTE: The Division of Environmental Management authorized this project under General Water
Quality Certification No. 3025.
NOTE: An Erosion and Sedimentatin Control Plan will be required for this project. This plan
must be filed at least thirty (30) days prior to the beginning of any land -disturbing
activity. Submit this plan to the Department of Environment, Health and Natural
Resources, Land Quality Section, 127 Cardinal Drive Extension, Wilmington, NC
28405-3845.

T�eanit Class
Permit Number
STATE OF NORTH-CAROLINA
Department of Enviionmeut, Health & Natural Resources
_ - and a;
Coasialkesoirrces Commission
P I I>
T: 1 for. : ` f.v VI ✓
Major Development in an Area of Environmental Concern
pursuant to NCGS 113A=118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Sandy Tyner, 1320 George H Hwy., S.E., Bolivia, NC 28422
authorizing development in Brunswick County at
40-96
AIWW, immediately east of Hwy. 133 bridge
, as requested in the permittee's application dated
11/29/95 including attached
workplan drawings, sheets 1-5 of 7 w/sheet 1 dated revised 3/20/96 and sheets 2-5 dated rec. 11/30/95.
This permit, issued on MARCH 27, 1996 , 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
be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void.
Easement
1) Prior to construction of any new boat slips or other boat docking facilities authorized under this
permit, the permittee must apply for and receive an Easement from the Department of
Administration's State Property office as required under N.C.G.S. 146-12(e).
Excavation
2) The area proposed to be excavated in the permittee's application is hereby reduced to an area
360' x 60' which is depicted in the revised workplan dated 3/20/96.
3) Finished water depth in the basin will slope from 5' MLW at the north end to 6.5' at the AIW W
connection.
(See attached sheet for Additional Conditions)
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the
issuing date. An appeal requires resolution prior to work
initiation or continuance, as the case may be.
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 Departmental approval.
All work must cease when th rmit expires on
December 31, ON
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 DEHNR and the
Chairman of the Coastal Resources Commission.
Roger . S hecter, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Sandy Tyner
ADDITIONAL CONDITIONS
Permit #40-96
Page 2 of 4
4) In order to protect juvenile shrimp and fmfish populations, no excavation or filling will be
permitted between April 1 and September 30 of any year without the prior approval of the
Division of Coastal Management, in consultation with the Division of Marine Fisheries.
5) All excavated materials will be confined above mean high water and landward of regularly or
irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover
of solids into any marsh or surrounding waters. An inspection of the spoil disposal area by a
DCM representative is required prior to initiation of dredging.
6) The disposal area effluent will be contained by pipe, trough, or similar device to a point at or
beyond the mean low water level to prevent gully erosion and unnecessary siltation.
7) The terminal end of the pipeline will be positioned at or greater than fifty feet (50') from any
part of the dike and a maximum distance from spillways to allow settlement of suspended solids.
8) A water control structure will be installed at the intake end of the effluent pipe to assure
compliance with water quality standards.
9) The spoil area will be properly graded and provided a ground cover sufficient to restrain erosion
within thirty (30) working days of project completion.
10) The activity will be conducted in such a manner as to prevent a significant increase in turbidity
outside the area of construction or construction -related discharge. Increases such that the
turbidity in the waterbody is 25 NTUs or less are not considered significant.
Bulkhead Construction
11) The alignment of the proposed bulkhead must be staked by a representative of the Division of
Coastal Management (DCM) within a maximum of thirty (30) days prior to the start of
construction. Failure to initiate construction within thirty (30) days, or erosion of the shoreline
by adverse weather conditions, will require the alignment to be,re-staked by DCM within a
maximum of thirty (30) days prior to the new expected start of construction.
12) The bulkhead must be constructed prior to any backfilling activities
13) The fill material will be clean and free of any pollutants, except in trace quantities. Metal
products, organic materials, or unsightly debris will not be used.

Sandy Tyner
ADDITIONAL
Permit #40-96
Page 3 of 4
14) All backfill material will be obtained from a highground source, and/or the dewatered dredge
spoil, and confined behind the permitted bulkhead.
Marina Operation
15) No sewage, whether treated or untreated, shall be discharged at any time from boats using the
marina. Any sewage discharge at the marina shall be considered a violation of this permit for
which the permittee is responsible. This prohibition shall be applied and enforced throughout
the entire existence of the permitted structure.
16) This permit authorizes only the docks, 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
structures, whether floating or stationary, may become a permanent part of this marina without
permit modification. No non -water dependent uses of structures may be conducted on, in, or
over public trust waters without permit modification.
17) The permittee must install and maintain, at his expense, any signal lights and signals prescribed
by the U. S. Coast Guard, through regulations or otherwise, on authorized facilities.
18) This permit does not authorize the interference with any existing or proposed Federal project,
and, the permittee will 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.
19) The permittee's scheme of development, of which the authorized work is a part, contemplates
the presence of structures and their attendant utilities on lands subject to an easement in favor
of the United States for the operation, maintenance, improvement, and enlargement of the
Atlantic Intracoastal Waterway (AIWW). Accordingly, the permittee will be required to remove
such structures and improvements at his own expense in the event that, in the judgment of the
U. S. Army Corps of Engineers acting on behalf of the United States, the lands are needed at
any time for any purpose within the scope of the easement. Permanent buildings will not be
constructed within the easement.
20) The permittee will 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 the permit transferred to a third party.

Sandy Tyner
ADDITIONAL CONDITIONS
Permit #40-96
Page 4 of 4
NOTE: The Division of Environmental Management authorized this project under General Water
Quality Certification No. 3025.
NOTE: An Erosion and Sedimentatin Control Plan will be required for this project. This plan
must be filed at least thirty (30) days prior to the beginning of any land -disturbing
activity. Submit this plan to the Department of Environment, Health and Natural
Resources, Land Quality Section, 127 Cardinal Drive Extension, Wilmington, NC
28405-3845.

Permit Class
Permit Number
NEW
Issued to Sandy Tyner,
authorizing development in
STATE
Department
Resources
Coastal Resources Commission
EI1�ttw
for--r
Major Development.in an`Area:'ofEnvironmental Concern
pursuant to NCGS 113A-448 :,,. `UAPA
; s ,
Excavation and/or filling'putsiiant to NCGS 113-229
1320 George H Hwy., S.E., Bolivia, NC 28422
Brunswick
40-96
County at AIWW, immediately east of Hwy. 133 bridge
,as requested in the permittee's application dated 11/29/95 including attached
workplan drawings, sheets 1-5 of 7 w/sheet 1 dated revised 3/20/96 and sheets 2-5 dated rec. 11/30/95.
This permit, issued on MARCH 27, 1996 , 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
be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void.
Easement
1) Prior to construction of any new boat slips or other boat docking facilities authorized under this
permit, the permittee must apply for and receive an Easement from the Department of
Administration's State Property office as required under N.C.G.S. 146-12(e).
Excavation
2) The area proposed to be excavated in the permittee's application is hereby reduced to an area
360' x 60' which is depicted in the revised workplan dated 3/20/96.
3) Finished water depth in the basin will slope from 5' MLW at the north end to 6.5' at the AIWW
connection.
(See attached sheet for Additional Conditions)
This permitLaction may be appealed by the permittee or
other qualified persons within twenty (20) days of the
issuing date. An appeal requires resolution prior to work
initiation or continuance, as the case may be.
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 Departmental approval.
All work must cecembase when er 31, T§�9 ermit expires on
De
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 DEHNR and the
Chairman of the Coastal Resources Commission.
d Roger . S hecter, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Sandy Tyner
ADDITIONAL CONDITIONS
Permit #40-96
Page 2 of 4
4) In order to protect juvenile shrimp and fmfish populations, no excavation or filling will be
permitted between April 1 and September 30 of any year without the prior approval of the
Division of Coastal Management, in consultation with the Division of Marine Fisheries.
5) All excavated materials will be confined above mean high water and landward of regularly or
irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover
of solids into any marsh or surrounding waters. An inspection of the spoil disposal area by a
DCM representative is required prior to initiation of dredging.
6) The disposal area effluent will be contained by pipe, trough, or similar device to a point at or
beyond the mean low water level to prevent gully erosion and unnecessary siltation.
7) The terminal end of the pipeline will be positioned at or greater than fifty feet (50') from any
part of the dike and a maximum distance from spillways to allow settlement of suspended solids.
8) A water control structure will be installed at the intake end of the effluent pipe to assure
compliance with water quality standards.
9) The spoil area will be properly graded and provided a ground cover sufficient to restrain erosion
within thirty (30) working days of project completion.
10) The activity will be conducted in such a manner as to prevent a significant increase in turbidity
outside the area of construction or construction -related discharge. Increases such that the
turbidity in the waterbody is 25 NTUs or less are not considered significant.
Bulkhead Construction
11) The alignment of the proposed bulkhead must be staked by a representative of the Division of
Coastal Management (DCM) within a maximum of thirty (30) days prior to the start of
construction. Failure to initiate construction within thirty (30) days, or erosion of the shoreline
by adverse weather conditions, will require the alignment to be re -staked by DCM within a
maximum of thirty (30) days prior to the new expected start of construction.
12) The bulkhead must be constructed prior to any backfilling activities.
13) The fill material will be clean and free of any pollutants, except in trace quantities. Metal
products, organic materials, or unsightly debris will not be used.

Sandy Tyner Permit #40-96
Page 3 of 4
ADDITIONAL CONDITIONS
14) All backfill material will be obtained from a highground source, and/or the dewatered dredge
spoil, and confined behind the permitted bulkhead.
Marina Operation
15) No sewage, whether treated or untreated, shall be discharged at any time from boats using the
marina. Any sewage discharge at the marina shall be considered a violation of this permit for
which the permittee is responsible. This prohibition shall be applied and enforced throughout
the entire existence of the permitted structure.
16) This permit authorizes only the docks, 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
structures, whether floating or stationary, may become a permanent part of this marina without
permit modification. No non -water dependent uses of structures may be conducted on, in, or
over public trust waters without permit modification.
17) The permittee must install and maintain, at his expense, any signal lights and signals prescribed
by the U. S. Coast Guard, through regulations or otherwise, on authorized facilities.
18) This permit does not authorize the interference with any existing or proposed Federal project,
and, the permittee will 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.
19) The permittee's scheme of development, of which the authorized work is a part, contemplates
the presence of structures and their attendant utilities on lands subject to an easement in favor
of the United States for the operation, maintenance, improvement, and enlargement of the
Atlantic Intracoastal Waterway (AIWW). Accordingly, the permittee will be required to remove
such structures and improvements at his own expense in the event that, in the judgment of the
U. S. Army Corps of Engineers acting on behalf of the United States, the lands are needed at
any time for any purpose within the scope of the easement. Permanent buildings will not be
constructed within the easement.
20) The permittee will 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 the permit transferred to a third party.

Form DCN1-NIP-1
APPLICATIONvM.
(To be completed by all applicants) NOV 30 1995
DIVISION OF
b. City, ttiiilti c$ma1r
1. APPLICANT So✓7MPoz7—
a. Landowner:
Name %%vs2
Address /320 (',£026£ Z 14-Y S.E.
City 13ol.rviA State ,✓_C .
Zip 9 2-2- Day Phone 9/0 ,2S3-G679
Fax
b. Authorized Agent:
c. Street address or secondary road number
<FA$T oFF G,✓b or=Ocb l+uy /33 A7'1CrJ1--1
d. Is proposed work within city limits or planning
jurisdiction? Yes ✓ No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) /, Ivjz , Ar-
3. DESCRIPTION AND PLANNED USE
Name STav£ I"IoRQ+son lstND fgA,v1tcr0M7-62,,,?_7�,?.
i
Address " n C. Jox 2.,�2.2
City 1✓/trr,n/6ron/ State N. C.
Zip 2k`lo.2 Day Phone 2/0 S2-oc'ol
Fax 9io ySz-oo6o
c. Project name (if any) _ S9NpYS St r-oo�
NOM Permir will be issued in name of la dow er(s), and/or
project now.
2. LOCATION OF PROPOSED
PROJECT
a. County _ 13P-v.✓Sc✓1Ce
OF PROPOSED PROJECT
List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
(nerd 6rv6L.
b. Is the proposed activity maintenance of an existing
project, new work, or both? [3ory
c. Will the project be for public, private or commercial
use? COr✓+MLKC1XL
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If more space is needed, please attach
additional pages. P2or£o7— P✓Roars rs ro
Py'pl KS_ rth slut KAiI'An P£,2 FoQ SA-FcrY
1
_AA'd SNo?rr�ul .CTAa/</z.+nav ,V£w
Fi o.FT�,v! r� c-,rc ro dt arcd ay coronrRcsK
F/J/F [QM CA/.SrQviu(�.SANi)YS SU!-cob. (�,Q tdGiu�
_Wier essroRf uAKriGAdt£ )sprits
d,Li TRAC. S7-A�DwR� MAQr�C ��.a>%✓cr.w
MZrM-ob5 7� Cr urr -S .f7lA�a�1Cti7S.
Revised 03/95

Form DCNI-NIP-I
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 7.2 AcRt5
b. Size of individual lot(s) NJ
c. Approximate elevation of tract above MHW or
NWL + S'MµW
d. So* type(s) and texture(s) of tract
h'CibLvS. L£o 70 A?rd6E SGo/L
e. Vegetation on tract Livt 44K, Lo6CdctYrt I
Si FTTOaM _ Y.avPo T 14ve7U,. GAw✓ 6#2ttrSrJ
f. Man-made features nowontract _gulf &✓c-,
`f)4%:4.rcr He✓Cr_ Plrk13vLk/iFAh
g. What is the CAMA Land Use Plan land
classification of the site? (Cowidl 1he local land we plan.)
Conservation Transitional
Developed Community
Rural Other
h. How is the tract zoned by local government?
i. Is the proposed project consistent with the applicable
zoning?y/ Yes No
(Attach zoning compliance certificate, if applicable)
j•
Has a professional
done for the tract?
If yes, by whom? _
archaeological assessment been
Yes ✓ No
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
Yes ✓ No
Are there wetlands on the site? _✓Yes —No
Coastal (marsh) _-- Other ✓
If yes, has a delineation been conducted? Yc s
(Anach docutnentatton, if available)
D
NOV1 1995
DIVI.S(ON OF
m. �xksh t� �s€e t r featment facilities.
4dYl r.� Orr�y I S£PTic SVS7ryh
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down" and residential discharges.) wihru ooM xl
_.OF FiSN )4.4Pbt..4/L- .4RrA-
o. Describe existing drinking water supply source.
—_PRtvarr �J£al_
5. ADDITIONAL TNFOR.NIATION
In addition to the completed application form, the
following items must be submitted:
• A copy of the deed (with state application only) or
other instrument under which the applicant claims tide
to the affected properties. If the applicant is not
claiming to be the owner of said property, then
forward a copy of the deed or other instrument under
which the owner claims title, plus written permission
from the owner to carry out the project.
• An accurate, dated work plat (including plan view
and cross -sectional drawings) drawn to scale in black
ink on an 8 1/2" by 11" white paper. (Refer to
Coastal Resources Commission Rule 71.0203 for a
detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue -line
prints or other larger plats are acceptable only if an
adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of
Engineers regarding that agency's use of larger
drawings.) A site or location map is a part of plat
requirements and it must be sufficiently detailed to
guide agency personnel unfamiliar with the area to the
Revised 03/95

Form DCINf-MP-1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
• A Stormwater Certification, if one is necessary
• A list of the names and complete addresses or the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of the application and plats
by certified mail. Such landowners must be advised
that they have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
Name CHERYL COGEMA/✓
Address Po. do,, aaz
Phone (-o v6 Qr.f2 , Al. C. y6S
Name S1awDARD RA�h-C/7 Co. X7. e_
Address c� MARK FAeREGL
Phone /ooL/ L;OA/Alre i3ursa44S /✓0/27N
Name
Address
Phone
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
/31/-£f0 L)Avis C. f/sez,tirr 2-1i 8-S
/36-5r6 s A4_6YR. 7vv4k 71m/S6
• A check for $250 made payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the
application.
• A signed AEC hazard notice for projects in
oceanfront and Wet areas.
• A statement of compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A - 1 to
10) If the project involves the expenditure of public
funds or use of public lands, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.
DNOV 3 0 1995
S DIVISin,N r
6. CERTIFTC AI(1�^'' �I�ZVIISSION
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 conditions
and restrictions contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's
approved Coastal Management Program and will be
conducted in a manner consistent with such program.
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 truthful to the best of my knowledge.
This is the day of A%vrMa<2, 19 95 .
Print Name S-,-YvF Mo222%4so.J
Signature/r---
La dor r or Awhorf� d Agrn
Please indicate attachments pertaining to your proposed
project.
_✓DCM MP-2
Excavation and Fill Information
_ DCM MP-3
Upland Development
_✓DCM MP-4
Structures Information
DCM MP-5
Bridges and Culverts
✓ DCM MP-6
Marina Development
NOTE. Please sign and date each attachment in the
space provided at the bottom of each form.
Revised 03/95

Form DCbt-MP-2
EXCAVATION
AND FILL
(Except bridges and culverts)
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.
Describe below the purpose of proposed excavation or
fill activities. All values to be given in feet.
Average Final
Existing Project
Length Width Depth Depth
Access
channel
(MLW) or (NWL)
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
shoreline
stabilization)
NOV3019 D
95
DIVISION OF
COASTAL MANAGEMENT
1. EXCAVATION
a. Amount of material to be excavated from below
MHW or NWL in cubic yards 6700 Cu. vo.
b. Type of material to be excavated Sri%. SAmJ)
c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation
(SAVs) or other wetlands? _ Yes v' No
d. Highground excavation in cubic yards r✓ A -
2. DISPOSAL OF EXCAVATED
a. Location of disposal area qvo' I)kl. of
0.) pw'ror2rY
b. Dimensions of disposal area 73c'x aco'
c. Do you claim title to disposal area?
_y' Yes _ No
If no, attach a letter granting permission from the
owner.
d. Will a disposal area be available for future
maintenance? _✓Yes _ No
If yes, where? Sl+ME- GoU noti/
Revised 03195

Form DCM-MP-2
e. Does the disposal area include any coastal wetlands
(marsh), SAVs or other wetlands?
Yes ✓ No
f. Does the disposal include any area in the water?
Yes vC No
3. SHORELINE STABILIZATION
a. Type of shoreline stabilization
_L,,' Bulkhead Riprap
b. Length
c. Average distance waterward of MHW or NWL
,/
d. Maximum distance waterward of MHW or NWL
S' r
e. Shoreline erosion during preceding 12 months
Z�
(Source Of information) g2oPfRrY' 0r AISK
f. Type of bulkhead or riprap material 7XFArrb
No 0/3
g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap
(2) Bulkhead backfill /.29 c'u.yb.
h. Type of fill material UPLAVI) SA.Ki
Source of fill material e,)✓S.rL UPeA,-D
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
a. Will fill material be brought to site?
Yes No N/A
If yes � � � '� � ��
(1 mount of material to placed in the
ater
(2) Dimensio fi a
Mopeillft ofi)%1 ✓
b. Will fill material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
Yes ✓ No
If yes,
(1) Dimensions of fill area
(2) Purpose of fill ;-7A-
5. GENERAL
a. How will excavated or fill material be kept on site
and erosion controlled? -SPOIL WK£.�
i✓r�rT.e Cow?AoL STR✓CrvRL.
SILT Fr&/ Alcr
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
f�YDRhvGif- D2rdeL�.(3A-geNoL�. oozz�
c. Will wetlands be cussed in transporting equipment
to project site? —Yes ✓ No
If yes, explain steps that will be taken to lessen
environmental impacts. '"IA
'ST-rut lylcaF'c u - ArrrT
Applicant or RnJect ame�
Signature
Date
Revised 03/95

Form DC.NI-NIP-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 which relate to
this proposed project.
a. Dock(s) and/or Pier(s)
(1) V/ Commercial _Community _ Private
(2) Number 1
NOV 3 0 199 D
5
DIVISIOty OF
COASTAL MANAGEMENT
e. Mooring buoys "'JA-
(1) _ Commercial _Community _ Private
(2) Number
(3) Description of buoy
(Color, inscription, size, anchor, etc.)
(3) Length H,So'
(4) Width 6 '
(5) Finger Piers t f Yes _ No(PI.PAr c DOCKS
(i) Number _12-
(ii) Length 7.2 f.
(iii) Width 6'
(6) Platform(s) ✓ Yes _ No (FI. F7Ncs�bock
S �
(i) Number Cl
(ii) Length to -4to
(iii) Width Ys'
(7) Number of slips proposed 18atPs Av_s 32o'OF g.
(8) Proximity of structure to adjacent riparian��£
property lines /S ' oR 62tn7c2
(9) Width of water body 3oc - 7oc,'
(10) Water depth at waterward end of pier at
MLW or NWL —6 'MLw ArsitpJ 007H
b. Boathouse (including covered lifts) N1p
(1) Commercial Private
(2) Length
(3) Width
c. Groin (e.g. wood, sheetpile, etc.) u/
(1) Number
(2) Length(s)
Breakwater (e.g.
(1) Length
(2) Average
wetlands _
(3) Maximum
wetlands
wood, sheetpile, etc.) N/A -
distance from MHW, NWL or
distance beyond MHW, NWL or
(4) Width of water body -
(5) Distance buoy(s) to
shoreline
be placed beyond
Mooring structure (boatlift, mooring pilings, etc.) t''�R
(1) _ Commercial _Community _ Private
(2) Number
(3) Length
(4) Width
Other (Give romptety description)
'S-1-sv£ r1oRRtsct 4GrN
Applicant or Projects-�
Signature
1l/ �s
Date
Revised 03195

Form DCM-DfP-6
MARINA o �
D
DEVELOPMENT — 3 01995
DIVIVI SION OF
(Required for the mooring of more than 10 vessels) ^,OASTALMANAGEMENT
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.
I. MARINA CHARACTERISTICS
a. Check below the type of marina proposed.
V" Commercial _ Public _ Residential
b. Will the marina be open to the general public?
Yes _�" No
c. If there is residential development associated with
the marina, how many units or lots are planned and
how many are curregtly developed?
N
d. Check all of the types of services to be provided.
Full service, including travel lift and/or rail
✓ Dockage, fuel, and marine supplies
Dockage ("wet slips") only
Number of slips 1 £�Pi os 3�o ,or -Ties - ro
Dry storage D°`KA6F
Number of boats
Boat ramp(s)
Other (describe)
e. Check below the proposed type of siting.
Land cut and access channel
Open water with dredging for basin and/or
channel
Open water, no dredging required
Other (describe)
f. Describe the typical boats to be served (for example,
open runabout, charter boats, sail boats, mixed
types). Cemnig"Lc,A( FRtN,N! AoAri
g. Tjpical boat length 2 o - you
h. Maximum boat length
i. Are any floating structures planned? /Jo
If so, describe W tom
2. MARINA OPERATIONS
a. Check each of the following sanitary facilities that
will be included in the proposed project.
✓ Office toilets
✓ Toilets for patrons
Number I
Location —�YLcn✓a 43ui4D,Nc_
Showers
✓ Boat holding tank pumpout
Type and location Par4a6L ua ,r oN Docx
b. Describe treatment type and disposal location for all
sanitary wastewater. _sx,sr,N— owe s',-F
Sr Pr'c �f'=rr
c. Describe the disposal of solid waste, fish offal and
trash disposal. co"neAcT- i�wc-oFF
d. How will overboard discharge of sewage from boats
be controlled? Lsr<r_ c-vm7etc t.+Ajc h�-T-
S 1GNA6E
e. Give the location and number of "No Sewage
Discharge" signs proposed. l - Aiwv rwy or Ae�it
Revised 03/95
/- Ft °Ar,I/(i ego K A etA

Form DCNI-MP-6
f. Describe the special design, if applicable, for
containing industrial type pollutants, such as paint,
sandblasting waste and petroleum products.
P,1A
g. Where will residue from vessel maintenance be
disposed of ? t/A=
h. Give the number of channel markers and "No
Wake" signs proposed. Ala NL-
i. Give the location of fuel -handling facilities, and
describe the safety measures planned to protect area
water quality. /46cvL 6R�v. ,b r-vLL TANK wira
dioCK /Cfrh,,v/N(r /./Acc ci S146 /,J yVML
�cf r.o✓ irttrl�0-- TANK.
j. Describe design measures that promote boat basin
flushing or circulation and that reduce water quality
impacts. AJtil£ P✓rexti cr ,� d.+zs,n/.
moo /Nrrkro,Q nra%/t5 6er,4TT4 74AN
J'.7-0d+/CL JEP77e.
k. What will be the marina policy on overnight and
live -board dockage? Na Lty£-Arc3o4Rh bocKAa£,
0yC21//6N7- h-Cle,+C£ .+IeC ✓Q
1. Is the proposed marina located near any shellfish
leases? Yes ✓ No
If yes, give the name and address of the leaseholder.
NJA
m. If this project is an expansion of an existing marina,
what types of services are currently provided?
Vxs . CuR.eruT sr2wccs - lioAr bo cK.+6£,
FVit,. C'oMMs�2</,r[. F(SN/.v(r dfoWTS
n. How many slips are now available? 36o'o r-
.S,A£-To JocKA6L AVAILADCF IN',..,
o. Is the marina proposed within a primary or
secondary nursery area? v' Yes No
bgrbG£A/oRK To 13c bout. tN P?rvl."L>y
£XCAvAiErb ARrA-
p. Is the marina proposed within an area open to
shellfish harvesting? Yes ✓ No
q. Give the location and number of "Pumpout
Available" signs proposed. I - cN AEr,
cS''t�yF WIoRRttonl - %}6P.�i
Applinat or Proj��
sigwture
I(/29
Date
Ir (OLKH71M
NOV 3 0 1995
DIVISIOty OF
COASTAL MANAGEMENT
Revised 03/95

HIGH WATER MARK t. •c __ IYum N;YYO:nmcT NIYI N.q
Smt wo slam ax nxs ru, s nTmw�1[ •!dj OLD WOOD POST LINEY BEARING. DISTANCE ' �Y6II.IY1•unil[IY "a3ucTgx us �2l' Sr�ILC
_ NN TIW IW p T Nro N1pIL
3' SOUTH OF E. I.P. LjF a IIJ7 C Nf�ITI NS 61tt` """'° °"°
•1 •. - N 89'00'32• E ' L5 N 63:45•ss• v 42 n'
2 7.96' L6 S BB'21'1T V 35 5 aTC OYHIVS
V N 6B•48'06' V 23 3A_
0 I L9 N as
32'S)'IB' 28.60,
L,= 4 4 S OI
N I n L13 N 64.13.10: V 6J2' _ VR�
3 :i% y a T LII S 49V1'29' V i3.])' TRAVERSE OF THE 2.9' WAN
j
.Q O HIGH WATER MARK
I� n on US S B3'OB'1 a: V 15,69,
K I 0 0 c L, S 81.19.37• V ib.V• .. _ , .LINE# BEARING DISTANCE 1'or llxai
r u1 -L 19 S 61 10'37• V 16. ]4• a rv.1
20'20' V p. 03' L23 N 00.OS'26' E 32.31 s09omsr
O y O L20 N 80.43.46: V 28.64' vA L24 N 20'IS'12' V 49. B0' wow
L21 S 87.19'IS' Y I0.31' d L25 A 49. 02.33- V 35.56'.
LQ I •� Z L22 N 34'31'0]' V I).92' L26 N 50'I5'94' E 25.80'
S4i - L27 N 59'56.27' E 31.52• 161j
L28 N 57.38'33' E 26.501' Y U Fx�sSCI
�
�� ' 7z,', ti-N", TDYN LSG �ARIAN LINE
z I vYl vi r °� J0' E Y OND !�
I
CSIs11
V S/
M6 CONCP[T[ Mb.1.NCNT
Z S 87*43.57• E vo.m w
I 'lR P SITIION Of OLD _ 41 .24•_
`•7 WOOD POST
WATER CONTROL EXISTING RIP RAP • :y� .� � \ "-"""
I STRUCTURE \
MEAN HIGH WATER MARK}
a i EKING BULKHEAD � •�
�TAL--,,;
N s—� xosa ar>
N 3.15' 1• W I!„/ - \ 5 09'46'12• IN
` I 209.70• E.I.P. \ 406.55"- _i Neu
Q. I PARKING
cn OD — co c'Kc'E c1l w SZLiu a v �
U>m I -� �l OPEN SHED` .
�2C�r �I�• 66. 6'S1' E EXISTING METAL BUILDING \
1p.9 0 Z D ;K car a cx0lVcsys ` 8 39.51• —/
~! W O = Y/Y 1YY:JYx1 ,I-24 98.SJ' E INTRA :Nn Yw,
=4*py 4, C.31N,Tcs 1 COASTAL 7ERVgY s0 Su
f17 D Y • 63971.319Y' N 06'26.51' E�s� R/V (NORTH
N lu.sl•
m Z � � O E • zzn6s9. s0' 78. 49' ORTH L INE>
1m S 6r3g• 4• EDGE OF-DUL HEAD
NOMorm J �/ 2.9' ME HIGH WATER MARK 367'48' E IC H\E� ine,
-n � � �JN 06.26'51' E
0� R�KiWINm367=�ZY
fJ EXISTING RIP R
3=Dt1
f0BECOW PhS (
II1\\v1L1�'I�_J N 84'20' N0 IB' �J ", s 2 M Y
H' 406.0$' Oa.
r
J

2:1 SLOPE
I YDIKE
a
TEMP. SILT FENCE
< 6'
MHW I
4.1'
DETAILS
SPOIL AREA X. S.
WATER CONTROL STRUCTUR
-ING
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BACKFILL
rcl�1711D
NOV 3 0 1995
E DIVISIG OF
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BRUNSWICK CO., NORTH CAROLINA
SANDY TYNER
it 1=414JSHEETs OF 7

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NOV 3 0 1995
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BRUNSWICK CO.. NORTH CAROLINA
SANDY TYNER
// 12919SSHEETN0F7
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UIG. INC.
P02
PLANNED WATERFRONT PROJECT
REVISED13 /
P(L 3120/96l. A\
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EXISTING RIP RAPTO BE REMOVED
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SCALE V° 50'
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SANDY TYNER
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
REPLY
ATrENTK)N of April 4, 1996
Regulatory Branch
Action ID No. 199401914 and State Permit No. 40-96
Mr. Sandy Tyner
Sandy•s Seafood
1320 George II Highway, S.E.
Bolivia, North Carolina 28422
Dear Mr. Tyner
Reference your application for a Department of the Army (DA) permit to
excavate an access channel, boat basin, replace a pier and bulkhead and
construct commercial piers on the Atlantic Intracoastal Waterway (AIWW), east
of the N.C. Highway 133 Oak Island Bridge, Brunswick County, North Carolina.
Your proposal has been reviewed and is consistent with the provisions and
objectives of general permit No. CESAW-CO80-N-000-0291. Therefore, you may
commence construction activity in strict accordance with applicable State
authorization and the enclosed plan. Failure to comply with the State
authorization or conditions of the general permit could result in civil and/or
administrative penalties.
If there is a need to extend the duration of this Federal authorization,
or if any change in your work is required because of unforeseen or altered
conditions or for any other reason, a written request for renewal of
authorization or plans revised to show any change must be sent promptly to
this office and the North Carolina Division of Coastal Management before
continuing work or doing any change or alteration. Such action is necessary
as specific renewal of authorization must be obtained or revised plans must be
reviewed and the authorization modified. A request for extension of
authorization must be received no later that thirty (30) days before
expiration of the permit.
Questions or comments may be addressed to Mr. Jeffery Richter, Wilmington
Field Office, Regulatory Branch, telephone [phone].
Sincerely,
Ernest Jahnke
Manager
Wilmington Field Office
Regulatory Branch
Enclosure

-2-
Copies Furnished with enclosure:
Chief, Source Data Unit
NOAA/National Ocean Service
Attn: Ms. Sharon Tear, N/CS261
1315 East-West Hwy., RM 7316
Silver Spring, Maryland 20910-3282
Mr. John Dorney
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Mr. Thomas Welborn, Chief
Wetlands Regulatory Section - Region IV
Wetlands, Oceans and Watersheds Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
"IMr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. John Hefner
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Mr. Wallace R. Sherron, Director
State Property Office
North Carolina Department of
Administration
116 West Jones Street
Raleigh, North Carolina 27603-8003
Mr. C. Robert Stroud, Jr.
Wilmington Regional Office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845
PQR oPG����1

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SANDY TYNER
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State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
March 27, 1996
Ms. Sandy Tyner
1320 George H Hwy., S. E.
Bolivia, NC 28422
Dear Ms. Tyner:
1' •�,
EDEHNR
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, P.O. Drawer 11666, Raleigh, NC 27611, [phone] within twenty (20)
days of this decision on your permit. You should also be aware that if another qualified party submits a valid
objection to the issuance of this permit within twenty (20) days, the matter must be resolved prior to work
initiation. The Coastal Resources Commission makes the final decision on any appeal.
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 require
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.
Very sincerely,
John . Parker, Jr. VV
Major Permits Processing Coordinator
JRP:jr/amw
Enclosure
P.O. Box 27687, �� FAX [phone]
Raleigh, North Carolina 27611-7687 Niq
-C An Equal Opportunity/Affirmative Action Employer
Voice 919-733-2293 50% recycled/10% post -consumer paper

]DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Sandy Tyner/Sandy's Seafood
2. LOCATION OF PROJECT SITE: off old N.C. Hwy 133 (Long Beach Rd.), east of the
mainland approach to the Oak Island AIWW bridge, Brunswick County.
Photo Index - 1989: 184-8, N,O,P-15,16,17,18 1984: 10-99, 7,K,L-8,9,10,11
State Plane Coordinates - X: 2390000 Y: 63600
3. INVESTIGATION TYPE: CAMA & D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 10/26/94 12/12/95
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received - 11/30/95
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Brunswick Co.
Land Classification From LUP - Urban Transition
(B) AEC(s) Involved: EW,PT,ES
(C) Water Dependent: Yes
(D) Intended Use: Commercial
(E) Wastewater Treatment: Existing - Septic tank system
Planned - None
(F) Type of Structures: Existing - Seafood market, ice house, parking lot, pier, bulkhead
Planned - Replace bulkhead and pier, add new docks
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA] (Incorporated)
DREDGED FILLED OTHER
(A) Vegetated Wetlands
(B) Non -Vegetated Wetlands
44000 sq.ft.
7656 sq.ft.
Open water/shallow bottom
(C) Other
66000 sq.ft.
Highground spoil area
(D) Total Area Disturbed: 110,000 sq.ft.
(E) Primary Nursery Area: YES
(F) Water Classification: SA Open: NO
8. PROJECT SUMMARY: The applicant proposes to replace an existing bulkhead and pier, add
new commercial docks, and excavate a boat basin to connect to the adjacent AIW W, to facilitate
marina operation.

Sandy Tyner/Sandy's Seafood
Page 2
9.
The project site is located on the mainland side of the Atlantic Intracoastal Waterway, east of the
N.C. Hwy 133 (Long Beach Rd.) Oak Island Bridge, in Brunswick County, North Carolina. The site
is accessed from the old mad, east of the bridge approach, to a dirt mad through the center of the
property. The property owner currently operates "Sandy's Seafood", a wholesale -retail seafood market
on the 7.2 acre site. This facility is situated in the southeastern comer of the property, and consists of
the fish market building and gravel parking area, shed, ice house, and fixed pier/docks. The remainder
of the highground area is predominantly pine woodlands. The AIWW is the tract's southern boundary
and there is a fringe, 12 to 50 feet wide, of Smooth Cordgrass marsh (Spartina alterniflora). Landward,
the low, flat topography (4-5 ft. MSL) supports a border of irregularly flooded, high coastal marsh. The
width of these wetlands varies between 50 and 120 feet. This high marsh consists of predominantly Salt
Grass (Distichlas Wicata), Saltwart S�comnia spp.), Sea Lavender Winionium, spp.), Sea Oxeye
(Borrichia frutescens), Salt Meadow Grass (Spartina patensl, and, on the landward perimeter, in some
areas, Giant Cordgrass (Spartina cynosourides) and Giant Reed (Phragmites communist . The eastern
side of the property is stabilized by an existing bulkhead, adjacent to a shallow bay. Historically, this
basin may have been part of the Elizabeth River, prior to the construction of the AIWW, or a mooring
area used by the menhaden boats, during the heyday of two, now deserted, nearby fish processing
plants. Broken concrete and riprap material have been placed at either end of the bulkhead, as well as,
behind some failing areas of the bulkhead, to try and stop shoreline erosion. On the southeast comer,
the riprap extends around the point. There are also two large concrete columns that have been placed
along the southern shoreline, parallel to the AIWW, in an effort to protect the shoreline from boat wake
scouring. Placement of these columns predates our 1978 aerial photography, but are probably remnant
from the removal of the old bridge, once the high-rise bridge was constructed.
The waters in the project area are classified SA, by the NC Division of Environmental Management,
and are CLOSED to the harvest of shellfish. The area is designated as a Primary Nursery Area (PNA)
by the NC Division of Marine Fisheries. The Atlantic Intracoastal Waterway is approximately 450 feet
wide at this location.
The applicant proposes to replace the existing bulkhead, replace and expand the existing pier and
docking facilities, and excavate an open water boat basin. The new bulkhead would be 224 feet long
and located approximately 2 feet waterward of the existing wall. The existing pier/dock would be
removed. The replacement structure would be 360 feet long and 6 feet wide, with a L-head tam,
parallel to the AIWW, 100 feet long and 6 feet wide. This portion of the dock would extend
approximately 70 feet into the AIWW. In addition, two sets of floating docks, are proposed for the
north end of the basin. These docks would be perpendicular to the fixed dock, and would be 72 feet
long and 6 feet wide. The northern -most floating dock would have two (2) finger docks (10 ft. X 4.5
ft.) and a L-shaped terminal dock (26 ft. X 4.5 ft.). The second floating dock would have four (4)
finger docks (10 ft. X 4.5 ft.) and a T-shaped terminal dock (46 ft. X 4.5 ft.). The applicant states that
this arrangement of docks would create 18 boat slips and 320 L.F. of parallel dockage space. My
calculations indicate a total of 564 L.F. of potential docking space, and include; both sides of the
AIWW L-head fixed dock, the terminal ends of the floating docks and the north side of the north dock.
The applicant proposes to excavate an open water basin to facilitate marina operation. Existing water
depths, in the project area, average approximately -2 feet at MLW. The proposed dredging dimensions
along the east side of the property would be 360 feet long, 100 feet wide, and -6 feet deep at MLW.

Sandy Tyner/Sandy'sSeafood
Paze 3
This portion of the proposed excavation was previously permitted by State Permit # 136-86, however,
the work was never initiated. An additional 40 feet long strip, by 200 feet in length, -6 feet at MLW,
is proposed along the south (AIWW) side of the site. A hydraulic pipeline dredge would be used to
complete the excavation. The excavated material would be pumped to a previously used spoils site, in
the northwest comer of the property. The remnant spoils disposal area is approximately 330 feet long
and 200 feet wide. Retention dikes and a water control would have to be constructed prior to spoils
deposition. The only highground work proposed at this time is the replacement of the existing fuel
tanks.
10. ANTICIPATED UVIPACTS
The proposed project would disturb approximately 44,000 square feet of shallow bottom, within Primary
Nursery Area. The project would expand the capacity of the existing commercial marina, and the
proposed new docks would incorporate 7,656 additional square feet of estaurine and public trust waters.
The proposed dredging would create approximately 6,700 cubic yards of spoil material which would
be deposited onsite, over a 66,000 square feet upland area.
Submitted by: E.F. Brooks Date:12/20/95 Office: Wilmington

DIG, INC.
I-JA iD MSA.hIAGEMENT GROUP, INC-
Invironmental Consultants
Rost Office Box 2522
W,-Urn131gt4A, Nortb CdXG:. l;J,it 26402
_; c Azidw'_a
t^rStephen Morzisor,
Tu-ziez'
. X .,Tc: 910-452-0060
Downey Brand:
3805 wr ight5vi'l l = Avc :u
wi_mi gr.on, NT` 840-
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PL�ASE DELIVER 74L FOLLOWING DCCU`ENT_' (S) TO:
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PA.RKiNG AREA WING WALL-- -T T l \ `
� I
DREDGING LIMITS
ALE `�"-SO' PAMPSTO
FLOATING FINGERS
-= 18, 20' SUPS
NEW BULKHEAD
EXISTING
,if_11LL11N( ARFA
FIUE:,_`. _ II FIIViiER (FLOAIINU)
�
Wl )G WALL---, ��=PILINGS
ICE HOUSE-'
RAMP' I {
f�
i. �,•�; � 6' DESIGN DEPTH
MLWI
LXIS INC,
RIP RAP AREAS
SIDE TQ IV14RINGS
MHW N.
WOODEN PIER
5' WIDE BULKHEAD,DRIDGING
IN T RAC kDASTAk WATERWAY
BRUNSWICK Ct., NORTH CAROLINA
SANDY TYNER
f R•'I,SSHEET/-IOP 7 REVISED
i1W W
i FL0Vr
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OF
DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL/PROCESSING RECORD
,) APPLICANT: Sandy Tyner/Snady's Seafood COUNTY: Brunswick
LOCATION OF PROJECT: off old Hwy 133, east of the mainland approach to the Oak Island
AIWW bridge
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 11/30/95 -->5)\ n
FIELD RECOMMENDATION: Attached - No To Be Forwarded - Yes I/
OEC 27 `95
CONSISTENCY DETERMINATION: Attached - N/A To Be Forwar
FIELD REPRESENTATIVE: E. F. Brooks DISTRICT' CE: Wilmin
a
DISTRICT MANAGER REVIEW:
..
B) DATE APPLICATION RECEIVED IN 7•795 REC'D: $
7�;t„6t
ENT i
PUBLIC NOTICE REC'D: OF NOTICE TE:
ADJ. RIP. PROP NOTICES REC'D: C'D:
APPLICATION ASSIGNED TO: ads ON:
C) 75 DAY DEADLINE: 150 DAY DEADLINE: 4
MAIL OUT DATE: - 7 (p STATE DUE DATE:
FEDERAL DUE DATE: -4 — 1/ C. FED. COMMENTS REC'D: L ` L �d
PERMIT FINAL ACTION: ISSUE DENY DRAFT ON
AGENCY
DATE COMMENTS
RETURNED
OBJECTIONS
YES NO
NOTES
Coastal Management Dist. Office
3
Div. of Community Assistance
9l
Land Quality Section
Div. of Env. Management
�\� 4-R 30
b\ —
State Property Office
Div. of Archives & History
j Z
L
Div. of Env. Health
_ /
Div. of Highways
Wildlife Resources Commission
—
Div. of Water Resources
�_ / <� 6
Div. of Marine Fisheries
pp

_&-, n E-C,t r
Recommendations for State Permit - Sandy Tyner/Sandy's Seafood 5(
Initially, the applicant's proposal had included the replacement of the old fish house with a new
restaurant and seafood market, and had proposed wastewater disposal for the new facility to be provided
by the Town of Yaupon Beach. Since the Yaupon Beach Wastewater Facility has not been authorized
to provide service outside of Town limits and is still under moratorium by DEM, and in keeping with
previous proposed projects, (ie. South Harbor), the application was not accepted as complete. Further,
a small section of land along the eastern bulkhead did not appear to included under the submitted deed.
The applicant has since modified his proposal to include only the water related development, and
submitted a quitclaim deed for the area of the property in question. He will apply for the highground
development in the future should sewer become available.
As noted in the project narrative, the applicant had previously obtained a permit (#136-86) for a large
multi -family development. The applicant reported that the proposed basin dredging, 360 ft. X 100 ft.
to -6 ft. MLW, was the same dimensions as previously permitted. After reviewing the previous permit
file, it appears that the permitted basin dimensions were, 360 ft. X 60 ft., and to only -5 ft. at MHW
(Typo ???) on the northern end, sloping to 6.5 ft. at MLW along the AIWW. The additional proposed
excavation, 200 ft. X 40 ft. X -6 ft. at MLW, parallel along the AIWW was not authorized by the
previous permit. Further, I have found no evidence that the boat basin was dredged under the 1986
authorization. The area is PNA, and as such, the project could be deemed inconsistent should DMF
view this site as reverted back to a natural state. However, informal conversations with DMF and
USF&W personnel indicate that they recognize a continuous use at this site, and would probably allow
maintenance excavation of the previously permitted area. Provided that there are no other obstacles
presented into the record, and that the above position is presented in the project recommendations of
the referenced agencies, I recommend the following:
1. The proposedYdredging shall be limited to the previously permitted dimensions(360 ft.
X 60 d that the applicant be contacted and required to revise his dock design to
o the new basin width.
2. The following standard conditions should be incorporated into any subsequent permit
authorization:
* In order to protect juvenile shrimp and fmfish populations, no excavation or filling will
Ube permitted between April 1 and September 30 of any year without the prior approval
of the Division of Coastal Management, in consultation with the Division of Marine
Fisheries.
Excavation will not exceed -6 feet below the mean low water level.
FEB l 1996 * ' �fhe alignment of the proposed bulkhead must be staked by a representative of the
tji,GEMENT N Division of Coastal Management (DCM) within a maximum of thirty (30) days prior to
the start of construction. Failure to initiate construction within thirty (30) days, or
erosion of the shoreline by adverse weather conditions, will require the alignment to be
>6 C 2 re -staked by DCM within a maximum of thirty (30) days prior to the new expected start
/{ of construction.
1u * The bulkhead must be constructed prior to any backfilling activities.

* The fill material will be clean and free of any pollutants, except in trace quantifies.
Metal products, organic materials, or unsightly debris will not be used.
All backfill material will be obtained from a highground source and confined behind the
permitted bulkhead.
* All excavated materials will be confined above mean high water and landward of
regularly or irregularly flooded marsh behind adequate dikes or other retaining structures
to prevent spill -over of solids into any marsh or surrounding waters.
* The disposal area effluent will be contained by pipe, trough, or similar device to a point
at or beyond the mean low water level to prevent gully erosion and unnecessary siltation.
* The terminal end of the pipeline will be positioned at or greater than fifty feet (50') from
any part of the dike and a maximum distance from spillways to allow settlement of
suspended solids.
i * A water control structure will be installed at the intake end of the effluent pipe to assure
c/ compliance with water quality standards.
0 * The spoil area will be properly graded and provided a ground cover sufficient to restrain
�_— erosion within thirty (30) working days of project completion. T�
v * An inspection of the soil disposal area is required prior to initiation of dredgine.—ky
Prior to occupancy of any new slips authorized under this permit, a marina pumppout
sewage disposal facility will be installed and operable, and, maintained for the life of the
marina.
* No sewage, whether treated or untreated, shall be discharged at any time from boats
using the marina. Any sewage discharge at the marina shall be considered a violation
of this permit for which the permittee is responsible. This prohibition shall be applied
and enforced throughout the entire existence of the permitted structure.
* This permit authorizes only the docks, 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 structures, whether floating or stationary, may become a permanent part of this
marina without permit modification. No non -water dependent uses of structures may be
conducted on, in, or over public trust waters without permit modification.
* The permittee must install and maintain, at his expense, any signal lights and signals
prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized
facilities.
* This permit does not authorize the interference with any existing or proposed Federal
project, and, the permittee will 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.

`State of North Carolina
Department of Environment,
Health and Natural Resources
Wilmington Regional Office
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
MEMORANDUM:
TO:
FROM:
SUBJECT:
Applicant:
Project Location:
® FEE HNFit
December 22, 1995
John R. Parker
Major Permits Processing Coordinator
Review
Sandy Tyner/Sandy's Seafood
of /rF�F/�i
-9FO
��SYgcUgsjq 1
GfyENl
off old NC Hwy 133 (Long Beach Rd) east of the mainland approach to the Oak
Island Bridge in Brunswick County
Proposed Project: To replace an existing bulkhead and pier, add new commercial docks and
excavate a boat basin to connect to the adjacent AIWW, to facilitate marina
operations.
Please indicate below your office's position or viewpoint on the proposed project and return this form
by January 16, 1996. If you have any questions regarding the proposed project, please contact Ed
Brooks at 910/395-3900. When appropriate, in-depth comments with supporting data is requested.
REPLY: This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office a=attached.
roject only if the recommended changes are
incorpo tad.
This office objects to the project for reasons described in the attached comments.
SIGNED DATE
127 r nal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

E:)EHNF 1
MEMORANDUM
TO:
John R. Parker
Major Permits Processing Coordinator
FROM:
Zoe D. Bruner, DCM District Planner
SUBJECT:
CAMA/DREDGE & FILL Permit Application Review
Sandy Tyner/Sandy's Seafood, NC 133, Brunswick
DATE:
December 28, 1995
This permit consistency opinion is based on my review of Sandy Tyner/Sandy's Seafood permit
application, the Field Investigation Report (EF Brooks, .12/20/95), and my understanding and
interpretation of the policies presented in the Brunswick County 1993 Land Use Plan.
The applicant proposes to replace an existing bulkhead and pier, add new commercial docks, and
excavate a boat basin to connect to the adjacent AIWW to facilitate marina operation. The
location and complete description of the project are in the Field Investigation Report.
LAND USE CLASSIFICATION: Urban Transition/Conservation
CLASSIFICATION DESCRIPTION:
Conservation classification includes AEC's identified in 15A NCAC 7H and,
2. other similar lands, environmentally significant because of their natural role in the integrity of the coastal
region and which include, but are not limited to: bottom land hardwoods, pocosins, swamp forests, areas that
are or have a high probability of providing wildlife habitat, forest lands that are essentially undeveloped, and
lands which otherwise contain significant productive, natural, scenic, cultural or recreational resources.
The application in Brunswick County also includes all wetland areas under the jurisdiction of
the US Army Corps of Engineers' 404 wetlands Permit Program and critical wildlife areas
designated by the State Natural Heritage Program. The Land Use Plan directs the reader to
policies in Section 2 of the plan for allowed uses.
The Urban Transition includes those areas which will be developed for urban purposes during
the planning period. These areas must be able to, "support urban development by being generally
free of
physical limitations and currently served or readily served by urban services." (p.137). Lands
which meet the definition of Conservation should not be included in this class(p. 138, #2). The
plan further states that, "Although AEC standards occasionally permit Urban Transition type
development on a lot by lot basis within various AEC's, this classification should generally not
be applied to any AEC."
Sandy Tyner/Sandy's Seafood, Brunswick County 12/28/9 1

I,iYIAVYa0• • I•. . QP Pa Iul• M:hd• .tt r . J• a tr
2.1.2(a) Efforts to protect and preserve the environmental value of coastal wetland AEC's shall be supported.
Such protection shall be balanced with the economic and community values of piers, docks, and
marinas which serve the public, whether they be publicly or privately owned.
2.1.2(b) Developments and mitigation activities which support the function, cleanliness, salinity, and circulation
of estuarine water resources are supported.
2.1.2(c) The community's need for piers and docks, whether publicly or privately owned, shall be tempered
by the rights of the public for the free and open use of public trust waters for navigation, shell fishing
and other uses. Efforts of State and Federal agencies to limit the length of docks and piers as they
projects into estuarine waters (T15A:07H.0208) are especially supported.
2.1.2(d) Brunswick County supports the protection and preservation of its estuarine shorelines, particularly
regarding those use standards contained in T15A:07H.0209(e).
2.1.7 Brunswick County encourages all land use activities to employ effective storm water
management practices to protect the quality of the county's streams, rivers, marshes and
estuarine systems.
2.1.8 Regarding marina development, the County believes that the state's use standards for marinas as
specified in T15A:07H.0200 offer sufficient standards and safeguards far future development of such
facilities.
2.1.8(b) Brunswick County encourages environmentally responsible marina development in accordance with
all State CAMA standards for AEC's.
2.1.12 Brunswick County supports the development of marina basins in upland sites in accordance with
CAMA standards set forth in 15-NCAC 7h.0208(6)(5).
2.1.13 Brunswick County supports state and federal standards which seek to prevent or minim; a marsh
damage from bulkhead or rip rap installation. The County recognizes, however, that some limited
marsh damage may be necessary to provide for otherwise environmentally sound development.
2.2.4 Brunswick County supports efforts to maintain and enhance the fisheries resource fo its
waters, including better fisheries management and enforcement, and aquaculture development
activities.
CONSISTENCY OPINION:
Brunswick County policy addresses the dilemma between development and environmental
protection. The policies call for sensitive and careful development of any area of environmental
importance. Policy also looks to state agency review of state and federal permits to protect the
County's natural resources. Specific reference is made to "better fisheries management and
enforcement" and to County support of CAMA regulatory enforcement.
The proposed project will consume over an acre of primary nursery area. This construction will
be consistent with the Brunswick County Land Use Plan only if proposed activity complies with
the CAMA regulations and considers all review agency comments.
The proposed project also adds considerable docking footage at the site. While County policy
supports public or privately owned marina/docking facilities, this application does not include
mention of any upland construction except an added fuel tank. If other improvements are
expected (parking, additional land disturbance, etc) additional state review may be necessary.
Because of the sensitive location of this project (PNA, SA), full disclosure may be appropriate.
cc: EF Brooks
CR Stroud, Jr.
Wade Home
0..Wmanx
Sandy Tyner/Sandy's Seafood, Brunswick County 12/28/9 2

Slateof North Carolina
Department of Environme
Health and Natural Resoui
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
'6 7PWA
i � s 44
2G:�i7
EHN
January 5, 1996
(%3,po
NMEMORANDUM TO: Mr. Charles R. Fullwood, Jr., Director Wildlife Resources Commission Attn: Habitat Conservation Program -111
FROM: John Parker, Jr.
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
APPLICANT: S dy Tyner/Sandy's Seafood
PROJECT LOCATION: Off old NC Hwy 133 (Long Beach Rd.) Brunswick Co.
ROPOSED PROJECT: To replace an existing bulkhead and pier, etc.
Please indicate below your agency's position or viewpoint on the proposed and return this form
by January 26, 1996. If you have any questions regarding the proposed project, please contact
John Parker at 733-2293. When appropriate, in-depth comments with supporting data are
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
May 21, 1993
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 60%recycled/ 10%post-consumer paper

® North Carolina Wildlife Resources Commission _-
512 N. Salisbury Street, Raleigh, North Carolina 27611, 919-733-3391
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: John Parker, Jr.
Major Permits Processing
FROM: Bennett Wynne
Habitat Conse vation Program
DATE: January 25, 1996
SUBJECT: CAMA/Dredge and Fill Permit Application for Sandy
Tyner/Sandy's Seafood, off old Hwy 133 adjacent to
the AIWW, near Oak Island, Brunswick County, North
Carolina.
The Wildlife Resources Commission has reviewed the
project for impacts to wildlife and fishery resources. A
site visit was made on January 24, 1996. Our comments are
provided in accordance with provisions of the Fish and
Wildlife Coordination Act (48 Stat. 401, as amended; 16
U.S.C. 661 et. seq.) and the Coastal Area Management Act
(G.S. 113A-100 through 113A-128).
The applicant proposes to replace an existing
bulkhead/pier currently associated with a seafood market
with an expanded version suitable for use as a marina
accommodating at least 18 boats. Dredging an open water
marina basin is also planned. Area waters are classified SA
and designated a Primary Nursery Area.
As proposed, dredging associated with the project would
disturb about 1 acre of shallow water habitat within a
Primary Nursery Area. In addition to shallow water habitat
loss, water quality decline would be expected during
excavation. Dock expansion would also take 0.18 acre of
estuarine waters from the public trust. To reduce adverse
impacts to the Primary Nursery Area, we recommend that the

project be modified to eliminate dredging. Relocation of
the 2 floating docks to the "L" at the end of the fixed pier
where water depth is greater would seem a reasonable
alternative to dredging shallow waters near shore.
Thank you for the opportunity to comment on this
project. If you need to discuss these comments or need
additional assistance, please call me at [phone].
cc: William Wescott, Coastal HabCon Coordinator
s:\boatfish\habcon\coast\d4 (tyner.doc)

State of North Carolina
Department bf Environment,
Health and Natural Resources
�1ilmington Regional Office
Division of Coastal Management
.lames B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
laIwricol c7: ►\`IIIf1uG
"Aye 71
E:)EHNF11
December 22, 1995
TO: Mr. Bruce Freeman, Director
Division of Marine Fisheries
FROM: John R. Parker
Major Permits Processing Coordinator �gaRfCE>�EQ
SUBJECT: CAMA/j�RREDGE & FILL Permit Application Review TW �/996
NT
Applicant: Sand}�,Tyner/Sandy's Seafood \it.,
Project Location: off old NC HwX 133 (Long Beach Rd) east of the mainland appl+eaEl b e Oak
Island Bridge inBrunswick County
Proposed Project: To replace an existing bulkhead and pier, add new commercial docks and
excavate a boat basin to connect to the adjacent AIWW, to facilitate marina
operations.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by January 16, 1996. If you have any questions regarding the proposed project, please contact Ed
Brooks at extension 247. 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.
V 'L�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.
SIGNID 4e►LA DATE
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

W •. .
MEMORANDUM
January 12, 1996
TO: John Parker
FROM: Fritz Rohde
SUBJECT: Sandy Tyner/Sandy's Seafood
The area of concern is a designated primary nursery area.
The Division approves of the project only if it meets the
specifications permitted in 1986 (Permit # 136-86): excavation
of a basin area 60' x 3601, not 100' x 3601; water depth from 5'
sloping to 6.5' near the AIWW, not 6' throughout; and elimination
of the new dredging (40' x 2001) proposed along the south side of
the site.

to of North Carolina
DF Iepartment of Environment,
.Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
a AlAdNWWdftWdL 'M IDFEE HNF1
January 19, 1996
MEMORANDUM
TO: P. A. "Ski" Wcjciechowski
division ofNfir-i Fisheries — -_--
FROM: John Parker
Major Permits Processing Coordinator
SUBJECT: CAMA/Dredge and Fill Permit Application Review
RECEIVED
F6162 Z 1996
OM OE MARINE FISHERIES
APPLICANT: • Sandy Tyner/Sandy's Seafood
PROJECT LOCATION: Off old NC Hwy 133 (Long Beach Rd.),
PROPOSED PROJECT: To replace an existing bulkhead and pier, etc.
y,1 .�` , 1
ReCEIVW
FEB 26 iy96
4 .L
MANAGEMENT
Please indicate below your agency's position or findings on the proposed project as it relates
to matters of public trust. If you have any questions regarding the proposed project, contact
John Parker at 733-2293 or the DCM field representative for the project. This form should be
used only for tracking and intra-agency commenting.
REPLY There are no known public trust conflicts with the project location or
design.
There appear to be public trust conflicts that require additional
investigation. Approximately _ days additional review time is needed.
_/It is recommended that changes be made to the project to reduce or
eliminate public trust conflicts, as discussed in the attached memo.
-T�f f /S 1"7- 4 % I-W ii is 4 el --
Signed /wit✓ Date f�
of L,d. a Oos,[ 4* O i2ora drr.✓Ic�Hii', �p� c��r+ar�o Yarn
Q/tT corn of 711e ..�r�.� Tic r�/�JY90cc Sires ski uzy
'ae<o e� •vsr�
/'v ""A •/03'/ 97 /°iiG� %9y_%/ 0,")' CdvOAJ , 0Y67,fe 4"' P;W 10✓0101.ru�Ai.
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50%recycled/ 10% post -consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
MEMO
To: John Parker, DCM
From: John Dorney, DEM
Re: Water Quality comments
Sandy Tyner/Sandy's Seafood project
Brunswick County
DEM # 951300
A
IDEHNF1
February IZ 1996
FEB 15Sµ 6
MENT
DEM has no objections to this project plans to replace a bulkhead, add a pier and
excavate a boat basin. Although the area to be dredged is a Primary Nursery Area, we will
not object to this dredging if the N.C. Division of Marine Fisheries agrees that there would
be no loss of significant use from this activity.
Please call me at 733-1786 if you have any questions.
cc: Wilmington DEM Regional Office
Central Files
951300.dcm
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 500/, recycled/10% post consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
APPROVAL of 401 Water Quality Certification
Mr. Sandy Tyner
1320 George II Hwy SE
Bolivia, NC 28422
Dear Mr. Tyner.
Af•: •
irritis �
�EHNFR
February 12, 1996
Brunswick County
DEM Project # 951300
COE #199401914
r, "�L � E�
FEB 15 1996
.AL
„;,`iauEIAENT
,1
You have our approval to place fill material in 550 square feet of wetlands or waters for the "
purpose of constructing a bulkhead and pier at Old Hwy 133 at AIWW, as you described in your
application dated 16 January 1996. After reviewing your application, we have decided that this fill is
covered by General Water Quality Certification Number 3025.
This approval is only valid 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.
For this approval to be valid, you must follow the conditions listed in the attached certification. In
addition, you should get any other federal, state or local permits before you go ahead with your
project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing,
send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the
Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and
its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Environmental Management under Section
401 of the Clean Water Act. If you have any questions, please telephone John Domey at 919-733-
1786.
Sincerely,
4-H�
Jr. P.E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DEM Regional Office
Mr. John Domey
Central Files
John Parker; DCM
Steve Morrison; Land Management Group
951300Jtr
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper

To: John Dorney
Planning Blanch
DIVISION OF ENVIRONMENTAL MANAGEMENT
CAMA MAJOR PERMIT APPLICATION REVIEW
REVIEWER: GREGSON �! t� S S
WQ SUPERVISOR: ADKIN
DATE: January 18, 1996
WETLAND INFORMATION FOR CENTRAL OFFICE TRACKING
PERMIT YR: 95 PERMIT NO.: 951300 COUNTY: Brunswick
PROJECT NAME: Sandy Tyner / Sandy's Seafood
PROJECT TYPE: Dredging PERMIT TYPE: CAMA
COE #: N/A DOT#: N/A
RCD FROM CDA: DCM DATE FROM CDA: December 27, 1995
REG OFFICE: WiRO RIVER AND SUB BASIN#: 030617
*STREAM OR ADJACENT WATER BODY: AIWW
CLASS: SA STREAM INDEX #: 18-88-9
*OPEN OR CLOSED: Closed
WL IMPACT: No WL TYPE: N/A
WL REQUESTED: N/A WL ACR EST:
WL SCORE: N/A
MITIGATION: N/A MITIGATION TYPE: N/A
MITIGATION SIZE: N/A RATING SKEET ATTACBED?: N/A
RECOMMENDATION: Deny
STORMWATER PLAN REQ'D: Yes
IF YES, DATE APPROVED:
PROJECT DESCRIPTION: The applicant proposes to replace an existing bulkhead and pier, add
docks and excavate a boat basin.
WATER QUALITY CERT. (401)
CERT. REQ'D: Yes
IF YES, TYPE: General Certification #3025
SEWAGE DISPOSAL
TYPE OF DISPOSAL PROPOSED: Existing Septic Tank
TO BE PERMITTED BY: N/A
IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE: N/A
WATER/WETLAND FILL
AREA OF FILL - WATER: N/A WETLAND: N/A
IS FILL ELIMINATING A SIGNIFICANT USE? N/A
DREDGING
IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS
OF RESOURCE? Yes
IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? Yes

951300.Jan
Page Two
MA_RJNA
ARE THE FOLLOWING ADEQUATELY ADDRESSED?
SERVICES:
EYes
SEWAGE DISPOSAL: Yes MARINA
OXYGEN IN BASIN: N/A
A MARINA USE ATTAINABILITY EVALFISHING WATERS: /A
L.)
g ft. of Primary
proposed project will result in the loss of approximately previously 4• permitted under
The Prof portion of tins project was previously
Nursery Area shallow bottom habitat. Apo ft. of the current project was not
State Permit #136-86, however, appro�ately 8,000 k
sal to
included in the previous application. 1N��II �nww°it�h 15A NCAC Bwas ever t 02011.. It is therefor
dredge Primary Nursery Area project not previously permitted in 1986 be deleted from
recommended that the portion of the pro j
the current project proPosa'
cc: Central Files onal office Files
Wilmington Regi
DCM-Brooks
der

`I . P
State of North Carolina
Department of Environment,
Health and Natural Resources 4t
•
Division of Coastal Management A)A
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary [D E H N F=?L
Roger N. Schecter, Director ,
January 5, 1996
MEMORANDUM 1ti
_ 4 RECEivEO
TO- Mr. Joe Henderson, Acting Director MAR 216 iISS6 W
State Property Office MpN�GEMENY
Department of Administration
FROM: John Parker, Jr.
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review j
APPLICANT: Sandy Tyner/Sandy's Seafood
PROJECT LOCATION: Off old Nt,"Hwy. 133, (Long Beach Road), Brunswick Co.
PROPOSED PROJECT: To replace an existing bulkhead and pier, etc.
Please indicate below your agency's position or viewpoint on the proposed project and turn r
this form by January 26, 1996. If you have any questions regarding the proposed project,
please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting
data are 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. 1
\ P.O. Box 27687, Ra sigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
Wilmington Regional Office
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
10 1 Dl111
EL
�EHNR
December 22, 1995
TO: Mr. Charles Gardner, Director
Division of Land Resources
FROM: John R. Parker
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application
Applicant: Sand Tyner/Sandy's Seafood
DEc 27 �95
41AhtiucxltNT
Project Location: off old NC Hwy 133 (Long Beach Rd) east of the mainland approach to the Oak
Island Bridge in Brunswick County
Proposed Project: To replace an existing bulkhead and pier, add new commercial docks and
excavate a boat basin to connect to the adjacent AIWW, to facilitate marina
operations.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by January 16, 1996. If you have any questions regarding the proposed project, please contact Ed
Brooks at extension 247. 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.
�DMEiJTATiol1 C BZ4S143 CDIST01L 111-41� APP&LIAL IS NECIED &Z 'rips -44JECT-
This agency objects to the project for reasons described in the attached comments.
C � �
SIGNED '' DATE -)EC. ZZ gFS
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

State of North Carolina
Department of Environment,
Health and Natural Resources '
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
January 5, 1996
TO: - Ms. Renee Gledhill -Early
Environmental Review Coordinator
Division of Archives and History
PIMA
" a
A&
[DEHNR
FROM: John Parker, Jr.
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
APPLICANT: Ssndy Tyner/Sandy's Seafood
PROJECT LOCATION: Off old NC Hwy. 133, (Long Beach Road, Brunswick Co.
PROPOSED PROJECT: To replace an existing bulkhead and pier, etc.
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by January 26, 1996. If you have any questions regarding the proposed project,
please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting
data are 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.
Signe (2C_ L(X/ Date
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 60%recycled/ 10% post -consumer paper

)v � Departmeant of Earo�onAr� ' C
a A
Health and Natural Resources
/U•
Division of Coastal Management FEE
L " James B. Hunt, Jr., Governor 'NWMWdb"d;lk AW `
Jonathon B. Howes, SecretAV• OF EfiVili"ME+NTA1 yEALJ-) E H N R
' Roger N. Schecter, Director
January S, 1996
NIEMORANDL-M
TO: Ms. Linda Sewall
Director
Division of Environmental Health
FROM: John Parker, Jr.
Major Permits Processing Coordinator
SUBJECT: CAN DGE R: FILL Permit Application Review
APPLICANT: San ' Ty andy's Seafood
PROJECT LOCATION: Off NC Hwy 133 (Long Beach Road), Brunswick Co.
PROPOSED PROJECT: To replace an existing bulkhead and pier, etc.
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by January 26, 1996. If you have any questions regarding the proposed project,
please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting
data are 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
Da71
te
r
�/lyl�7L
r.0 bo' ^768',R�egr.rJatt Cw-.ins -,i11 ?43? Talep..-r:e 14./37•�>93 fAX[phone]
a...t..,,,.. r., ,,...,., :.....ems.-.. r.,..r � ,. -... ..

State of North Carolina
Department of Environment,
-Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
January 5, 1995
MEMORANDUM
TO: Mr. Larry R. Goode, Phd., P.E.
Highway. Administrator
Division of Highways
4 'A
EDEHNR
FROM: John Parker, Jr.
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
APPLICANT: Sandy Tyner/Sandy's Seafood
PROJECT LOCATION: Off old NC Hwy. 133 (Long Beach Road, Brunswick Co.
PROPOSED PROJECT: To replace an existing bulkhead and pier, etc.
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by January 26, 1996. If you have any questions regarding the proposed project,
please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting
data are 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
at hed comments.
Signed Date J J S 9
P.O. Box 27687, Rdeigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 60%recycled/ 10%post-consumer paper

L M
State of North Carolina
Department of Environment,
- Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
January 5 1996
MEMORANDUM
TO- Mr. John Sutherland, Chief
Water Planning Section
Division of Water Resources
e��
C)EHNR
FROM: John Parker, Jr.
Major Permits Processing Coordinator
Ile
di
JAN 9 1996
D OM CF VVATER RES.7JRCES
SUBJECT: CAMA/D & FILL Permit Application Review
APPLICANT: Sandy Tyn 1San:s Seafood
PROJECT LOCATION: Off old NC Hwy. 133 (Long Beach Road),Brunswick Co.
PROPOSED PROJECT: To replace an existing bulkhead and pier, etc.
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by January 26, 1996. If you have any questions regarding the proposed project,
please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting
data are requested.
REPLY\ This agency has no objection to the project as proposed.
\�yC, 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 0 /// l
P.O. Box 27687, Rdeigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 60%recycled/ 10% post -consumer paper

State of North Carolina
apartment of Environment,
Health and Natural Resources
Wilmington Regional Office
Division of Coastal Management
.II
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
e��
[DFEE HNR
December 22, 1995
MEMORANDUM: _
TO: Mr. William A. McNeil, Director R£CEIVEO
Division of Community Assistance co BAN 11 Ibyb
E�ifAt
FROM: John R. Parker NANEMENI
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Reviews
Applicant: Sandy Tyner/Sandy's Seafood
Project Location: off old NC Hwy 33 (Long Beach Rd) east of the mainland approach to the Oak
Island Bridge in Brunswick County
Proposed Project: To replace an existing bulkhead and pier, add new commercial docks and
excavate a boat basin to connect to the adjacent AIWW, to facilitate marina
operations.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by January 16, 1996. If you have any questions regarding the proposed project, please contact Ed
Brooks at extension 247. 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.
JSIGNED DATE /
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone]
An Equal Opportunity Affirmative Action Employer
• Fax [phone]

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DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Sandy Tyner/Sandy's Seafood
2. LOCATION OF PROJECT SITE: off old N.C. Hwy 133 (Long Beach Rd.), east of the
mainland approach to the Oak Island AIWW bridge, Brunswick County.
Photo Index - 1989: 184-8, N,O,P-15,16,17,18 1984: 10-99, J,K,L-8,9,10,11
State Plane Coordinates - X: 2390000 Y: 63600
3. INVESTIGATION TYPE: CAMA & D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 10/26/94 12/12/95
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received - 11/30/95
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Brunswick Co.
Land Classification From LUP - Urban Transition
(B) AEC(s) Involved: EW,PT,ES
(C) Water Dependent: Yes
(D) Intended Use: Commercial
(E) Wastewater Treatment: Existing - Septic tank system
Planned - None
(F) Type of Structures: Existing - Seafood market, ice house, parking lot, pier, bulkhead
Planned - Replace bulkhead and pier, add new docks
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA] (Incorporated)
DREDGED FILLED OTHER
(A) Vegetated Wetlands
(B) Non -Vegetated Wetlands
44000 sq.ft.
7656 sq.ft.
Open water/shallow bottom
(C) Other
66000 sq.ft.
Highground spoil area
(D) Total Area Disturbed: 110,000 sq.ft.
(E) Primary Nursery Area: YES
M Water Classification: SA Open: NO
8. PROJECT SUMMARY: The applicant proposes to replace an existing bulkhead and pier, add
new commercial docks, and excavate a boat basin to connect to the adjacent AIW W, to facilitate
marina operation.

Sandy Tyner/Sandy's Seafood
Page 2
e
9. PROJECT DESCRIPTION
The project site is located on the mainland side of the Atlantic Intracoastal Waterway, east of the
N.C. Hwy 133 (Long Beach Rd.) Oak Island Bridge, in Brunswick County, North Carolina. The site
is accessed from the old road, east of the bridge approach, to a dirt road through the center of the
property. The property owner currently operates "Sandy's Seafood", a wholesale -retail seafood market
on the 7.2 acre site. This facility is situated in the southeastern corner of the property, and consists of
the fish market building and gravel parking area, shed, ice house, and fixed pier/docks. The remainder
of the highground area is predominantly pine woodlands. The AIWW is the tract's southern boundary
and there is a fringe, 12 to 50 feet wide, of Smooth Cordgrass marsh (Spartina alterniflora). Landward,
the low, flat topography (4-5 ft. MSL) supports a border of irregularly flooded, high coastal marsh. The
width of these wetlands varies between 50 and 120 feet. This high marsh consists of predominantly Salt
Grass (Distichlas s iD catal, Saltwart Salicornia spp.), Sea Lavender aLunonium, spp.), Sea Oxeye
(Borrichia frutescensl, Salt Meadow Grass (Spartina patens), and, on the landward perimeter, in some
areas, Giant Cordgrass (Spartina cynosouridesl and Giant Reed (Phraemites communiusl. The eastern
side of the property is stabilizer) by an existing bulkhead, adjacent to a shallow bay. Historically, this
basin may have been part of the Elizabeth River, prior to the construction of the AIWW, or a mooring
area used by the menhaden boats, during the heyday of two, now deserted, nearby fish processing
plants. Broken concrete and riprap material have been placed at either end of the bulkhead, as well as,
behind some failing areas of the bulkhead, to try and stop shoreline erosion. On the southeast comer,
the riprap extends around the point. There are also two large concrete columns that have been placed
along the southern shoreline, parallel to the AIWW, in an effort to protect the shoreline from boat wake
scouring. Placement of these columns predates our 1978 aerial photography, but are probably remnant
from the removal of the old bridge, once the high-rise bridge was constructed.
The waters in the project area are classified SA, by the NC Division of Environmental Management,
and are CLOSED to the harvest of shellfish. The area is designated as a Primary Nursery Area (PNA)
by the NC Division of Marine Fisheries. The Atlantic Intracoastal Waterway is approximately 450 feet
wide at this location.
The applicant proposes to replace the existing bulkhead, replace and expand the existing pier and
docking facilities, and excavate an open water boat basin. The new bulkhead would be 224 feet long
and located approximately 2 feet waterward of the existing wall. The existing pier/dock would be
removed. The replacement structure would be 360 feet long and 6 feet wide, with a L-head turn,
parallel to the AIWW, 100 feet long and 6 feet wide. This portion of the dock would extend
approximately 70 feet into the AIWW. In addition, two sets of floating docks, are proposed for the
north end of the basin. These docks would be perpendicular to the fixed dock, and would be 72 feet
long and 6 feet wide. The northem-most floating dock would have two (2) finger docks (10 ft. X 4.5
ft.) and a L-shaped terminal dock (26 ft. X 4.5 ft.). The second floating dock would have four (4)
finger docks (10 ft. X 4.5 ft.) and a T-shaped terminal dock (46 ft. X 4.5 ft.). The applicant states that
this arrangement of docks would create 18 boat slips and 320 L.F. of parallel dockage space. My
calculations indicate a total of 564 L.F. of potential docking space, and include; both sides of the
AIWW L-head fixed dock, the terminal ends of the floating docks and the north side of the north dock.
The applicant proposes to excavate an open water basin to facilitate marina operation. Existing water
depths, in the project area, average approximately -2 feet at MLW. The proposed dredging dimensions
along the east side of the property would be 360 feet long, 100 feet wide, and -6 feet deep at MLW.

WP
Sandy Tyner/Sandy's Seafood
Page 3
This portion of the proposed excavation was previously permitted by State Permit # 136-86, however,
the work was never initiated. An additional 40 feet long strip, by 200 feet in length, -6 feet at MLW,
is proposed along the south (AIWW) side of the site. A hydraulic pipeline dredge would be used to
complete the excavation. The excavated material would be pumped to a previously used spoils site, in
the northwest corner of the property. The remnant spoils disposal area is approximately 330 feet long
and 200 feet wide. Retention dikes and a water control would have to be constructed prior to spoils
deposition. The only highground work proposed at this time is the replacement of the existing fuel
tanks.
10. ANTICIPATED EMPACTS
The proposed project would disturb approximately 44,000 square feet of shallow bottom, within Primary
Nursery Area. The project would expand the capacity of the existing commercial marina, and the
proposed new docks would incorporate 7,656 additional square feet of estaurine and public trust waters.
The proposed dredging would create approximately 6,700 cubic yards of spoil material which would
be deposited onsite, over a 66,000 square feet upland area.
Submitted by: E.F. Brooks Date:12/20/95 Office: Wilmington

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
REPLY TO
ATTQRION OF
February 6, 1996
Regulatory Branch
Action ID No. 199401914
Mr. John Parker
Division of Coastal Management
North Carolina Department of Environment,
Health, and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
FFE Z2''rU
CC'4 ' 1996
MAN10r NT
Dear Mr. Parker:
Reference the application of Sandy Tyner for a Department of the Army
permit to excavate an access channel, boat basin, replace an existing pier and
bulkhead, and construct new commercial piers on the Atlantic Intracoastal
Waterway, east of the N.C. Highway 133 Oak Island Bridge, Brunswick County,
North Carolina.
The Federal agencies have completed review of the proposal as presented
by the application and your field investigation report.
We recommend that the following conditions be included in the State
authorization:
a. All work authorized by this permit must be performed in strict
compliance with the application plans except as indicated in condition
e. below.
b. The new bulkhead will not be positioned farther waterward than 2
feet from the existing bulkhead at any point along its alignment.
C. All backfill materials will be obtained from a highground source and
confined landward of the permitted bulkhead.
d. The fill material will be clean and free of any pollutants except in
�. trace quantities. Metal products, organic materials, or unsightly debris will
not be used.
e. The excavation of the access channel will be confined to 60 feet
wide and 360 feet long.
f. All excavated materials will be confined landward of the mean high
water (MHW) elevation contour and any regularly or irregularly flooded
vegetated wetlands within adequate dikes or other retaining structures to
prevent spillover of solids into any vegetated wetlands or surrounding waters.
g. The terminal end of the pipeline from the dredge into the diked
retention area will be positioned at or greater than 50 feet from any part of
the dike and a maximum distance from spillways to prevent dike erosion and to
allow adequate settlement of suspended solids.
Pd.m m 0 Racyew Pa{w

h. A water control structure will be installed at the intake end of the
effluent pipe leading from the retention area in order to ensure maximum
settlement of suspended solids.
i. Flow from the diked retention area will be confined by pipe, trough,
or similar device to a point at or below the mean low water (MLW) elevation
contour to prevent gully erosion and siltation.
�- j.' No excavated or fill materials will be placed at any time in any
vegetated wetlands or waters.
k. No vegetated wetlands will be excavated or filled at any time.
1. Excavation will not exceed 6 feet below the elevation of mean low
water (MLW).
M. The permittee's scheme of development, of which the authorized work
2 is a part, contemplates the presence of structures and their attendant
utilities on lands subject to an easement in favor of the United States for
the operation, maintenance, improvement, and enlargement of the Atlantic
Intracoastal Waterway (AIWW). Accordingly, the permittee will be required to
remove such structures and improvements at his own expense in the event that,
in the judgment of the U.S. Army Corps of Engineers acting on behalf of the
United States, the lands are needed at any time for any purpose within the
scope of the easement. Permanent buildings will not be constructed within the
easement.
n. This permit does not authorize the interference with any existing or
proposed Federal project, and the permittee will not be entitled to
compensation for damage or injury to the authorized structure or work which
'may be caused from existing or future operations undertaken by the United
States in the public interest.
,\ • o. No attempt will 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. Use of the permitted activity must not interfere with the
public's right to free navigation on all navigable waters of the United
States.
p. If the display of lights and signals on the authorized structure is
not otherwise provided for by law, such lights and signals as may be
prescribed by the U.S. Coast Guard will be installed and maintained by and at
the expense of the permittee.
q. The permittee, upon receipt of a notice of revocation of this permit
or upon its expiration before completion of the work, will, without expense to
the United States and in such time and manner as the Secretary of the Army or
his authorized representative may direct, restore the waterway to its former
conditions. If the permittee fails to comply with this direction, the
Secretary or his representative may restore the waterway, by contract or
otherwise, and recover the cost from the permittee.
r. It is possible that the authorized structure may be damaged by
wavewash from passing vessels. The -issuance of this permit does not relieve
the permittee from taking all proper steps to ensure the integrity of the
2

permitted structure and the safety of moored boats. The permittee will not
hold the United States liable for any such damage.
s. The permittee will maintain the authorized work in good condition
Z l� 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.
1 t. The activity will be conducted in such a manner as to prevent a
J significant increase in turbidity outside the area of construction or
construction -related discharge. Increases such that the turbidity in the
waterbody is 25 NTU's or less.
Questions or comments may be addressed to Mr. Jeff Richter, Wilmington
Field Office, Regulatory Branch, telephone [phone].
Sincerely,
G. yne W ht
Chi , Regu story Branch
Copies Furnished:
Mr. John Dorney Mr. Bob Stroud, District Manager
Water Quality Section Wilmington Regional Office
Division of Environmental North Carolina Division of
Management Coastal Management
North Carolina Department of 127 Cardinal Drive Extension
Environment, Health, and Wilmington, North Carolina 28405
Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Field Supervisor
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North'Carolina 28516
Mr. Thomas Welborn, Chief
Wetlands Regulatory Section - Region IV
Wetlands, Oceans and Watersheds Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365

UvDEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
-
_P.O. BOX IBM
WILMINGTON, NORTH CARCUNA 28402.1&W
IN REPLY REFFAN
Regulacory Branch CC
Accion ID.
A,t
�i��l�ly Applican
/�__Jancly titlPltr
Waterway , La�1� County ( 10SL,,Z ,Type Work
Mr. Larry Hardy
Nacional Marine
Service, NOAA
Pivers Island
Beaufort, North
Fisheries
Carolina 28516
Ms. L. K. (Mike) Ganct
Fish and 'Jildlife Enhancement
U.S. Fish and WLIdlife Service
Post Office Box 33726
Raleigh, Norch Carolina 27636-3726
Mr. Thomas 'Welborn, Chief
Weclands Regulatory Seccion-Region IV
.leclands, Oceans and Wacersheds Branch
U.S. Environmencal Protection Agency
345 Courtland Street
Atlanca, Georgia 30365
Gentlemen:
�hn Parker
Division of Coasca .a
Norch Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
nc. 1Zob S+r-OV9
LJ;1rn,,^g4*,n Regional Office
Divi� f Coascal :`tanagement
North Carolina Department of
Environmenc, Health and
Narur Resources
care %^0'1 lZrIVL Lxi,
LJ11M%n4i0h Nor}�% Corv��n.t
3Qa 4io5 - 3845
Pursuant to AccLon ID No. 198000291, the CAMA-Corps general permit/processing
agreement, a State Field Investigation Report is enclosed. Your comments and/or
recommendations would be a4reciaced on or before 9z'nr`Vor14 ' 1G,L
Quescions or commencs dray be addressed to
Regulacory Branch, W k � M Iy%'RJO • Field Office, telephone ^;-51 - 4631a .
Sincerely,
a e Wrigh
Ch Regular f Branch
Enclosure

e �aM wcq
UNITED STATES DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
NATIONAL MARINE FISHERIES SERVICE
Southeast Regional Office
9721 Executive Center Drive North
St. Petersburg, Florida 33702
January 26, 1996
Colonel Robert J. Sperberg
District Engineer, Wilmington District
Department of the Army, Corps of Engineers
P. O. Box 1890
Wilmington, North Carolina 28402-1890
Attention Jeff Richter
Dear Colonel Sperberg:
In accordance with Part II, Section 4 of the current Memorandum of
Agreement between the Departments of Commerce and the Army, I am
offering the following comments on permit application 199401914(GP)
dated January 4, 1996. The applicant, Mr. Sandy Tyner, proposes to
excavate a boat basin and construct docks adjacent to the waters of
the Atlantic Intracoastal Waterway (AIWW) in Brunswick County,
North Carolina. The purpose of the work is to improve the marina
facilities at the existing business on the site.
The proposed work consists of excavating a 360-foot-long by 100-
foot-wide by 6-foot-deep at mean low water boat basin adjacent to
the existing wholesale -retail seafood market. A hydraulic dredge
would be used to dredge the basin with disposal of the resulting
6,700 cubic yards of dredged material on an upland portion of the
applicant's property. Also proposed is the replacement on an old
bulkhead with a new 224-foot-long structure aligned two feet
waterward of the existing structure. Existing piers and docks
would be removed and replaced with a 360-foot-long by 6-foot-wide
dock with a 100-foot-long "L" shaped extension adjacent to the
AIWW. Two sets of floating docks, each 72-feet-long, would be
constructed on the north end of the main dock with finger piers to
allow docking space for 18 boats.
Although this portion of the AIWW is designated as a primary
nursery area by the North Carolina Division of Marine Fisheries
(NCDMF) indicated that the value of the project area as nursery
habitat is low. Based on this low habitat value and the fact that
the site has been used as a marina facility continuously for the
past fifteen years, the NCDMF stated that overall impacts should be
minimal. Furthermore, a review of our files indicates that a
permit was issued in 1986 for similar work at this site but the
work was never completed. In order to minimize adverse impacts,
the 1986 permit restricted the dredging to an area 360-feet-long by
60-feet-wide rather than the currently proposed width of 100 feet.

In view of the above, we believe that dredging consistent with the
previously issued permit can be allowed with a minimal impact on
National Marine Fisheries Service trust resources. Therefore, we
will not object to federal authorization of this project if the
dimensions of the proposed dredging for the boat basin are limited
to the dimensions previously permitted.
We appreciate the opportunity to provide these comments.
Anareas Mager/, -,Sr.
Assistant Re 'onal Director
Habitat Conservation Division
cc: FWS, ATLA, GA
FWS, Raleigh, NC
EPA, ATLA, GA
NCDEHNR, Raleigh, NC
NCDEHNR, Morehead City, NC
SAFMC, Charleston, SC
F/SE02

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
N REPLY REFER TO January 4, 1996
Regulatory Branch
Action ID No. 199401914
Mr. Sandy Tyner
1320 George II Hwy. S. E.
Bolivia, North Carolina 28422
Dear Mr. Tyner:
On February 11, 1991, we renewed general permit No. 198000291 (copy
enclosed), which provides Federal authorization for construction activities
that receive authorization from the State of North Carolina.
A review of your application received December 26, 1995, for Department
of the Army authorization to replace an existing bulkhead and pier, construct
new commercial docks, and excavate a boat basin to connect to the adjacent
Atlantic Intracoastal Waterway (AIWW), off of old N. C. Highway 133, east of
the mainland approach to the Oak Island Bridge over the AIWW, in Southport,
Brunswick County, North Carolina, indicates it to be a candidate for Federal
authorization under this general permit. Accordingly, the administrative
processing of your application will be accomplished by the North Carolina
Division of Coastal Management. Comments from Federal review agencies will be
furnished to the State.
If your application must be withdrawn from this general permit process
for any reason, you will be informed regarding its further management. If
there are no unresolved differences in State -Federal positions or policies,
the final action taken on your application by the State will result in your
receiving written notice from us that your application is consistent with the
general permit and you may commence your activity. Only after receiving such
confirmation should you begin work.
On February 6, 1990, the DA and the U.S. Environmental Protection Agency
(EPA) signed a memorandum of agreement (MOA) establishing procedures to
determine the type and level of mitigation necessary to comply with the Clean
Water Act Section 404(b)(1) Guidelines. This MOA provides for first, avoiding
impacts to waters and wetlands through the selection of the least damaging,
practical alternative; second, taking appropriate and practical steps to
minimize impacts on waters and wetlands; and finally, compensating for any
remaining unavoidable impacts to the extent appropriate and practical. To
enable us to process your application in full compliance with this MOA, we
request that you provide the following additional information:
a. Permits for work within wetlands or other special aquatic sites are
available only if the proposed work is the least environmentally damaging,
practicable alternative. Please furnish information regarding any other
alternatives, including upland alternatives, to the work for which you have
applied and provide justification that your selected plan is the least
damaging to water or wetland areas.
b. It is necessary for you to have taken all appropriate and practical
steps to minimize wetland losses. Please indicate all that you have done,
especially regarding development and modification of plans and proposed
construction techniques, to minimize adverse impacts.

IA >
-2-
c. The MOA requires that appropriate and practical mitigation will be
required for all unavoidable adverse impacts remaining after all appropriate
and.practical minimization has been employed. Please indicate your plan to
mitigate for the projected, unavoidable loss of waters or wetlands or provide
information as to the absence of any such appropriate and practical measures.
This information is essential to our expeditious processing of your
application and it should be forwarded to us by February 6, 1996. Also, a
copy of this information must be sent to the North Carolina Division of
Environmental Management to enable them to adequately evaluate your
application for a Water Quality Certification pursuant to Section 401 of the
Clean Water Act.
Your application, pursuant to Section 10 of the River and Harbor Act and
Section 404 of the Clean Water Act, has been assigned Action ID No. 199401914
and will be coordinated by Mr. Jeff Richter in our Wilmington Field Office.
Mr. Richter may be contacted at telephone [phone].
Enclosure
Sincerely,
Ernest Jahnke
Manager
Wilmington Regulatory Field Office

-3-
Copies Furnished (without enclosure):
/ Mr. John Parker
{/ Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. John Dorney
Water Quality Section
Division of Environmental
Management
North Carolina Department of
Environment, Health and
Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27611-.7687
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
Mr. Thomas Welborn, Chief
Wetlands Regulatory Section - Region IV
Wetlands, Oceans and Watersheds Branch
U.S.. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. Bob Stroud
Office Manager
Wilmington Regional office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845
Mr. Steve Morrison
Land Management Group, Inc.
Suite 14, Downey Branch Office Park
3805 Wrightsville Avenue
Wilmington, North Carolina 28403

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
W ILMINGTON, NORTH CAROLINA 28402-1890
January 4, 1996
Regulatory Branch
Action ID No. 199401914
Mr. John Dorney
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27611-7687
Dear Mr. Dorney:
�ANfC£/�E0
996
fNT
Enclosed is the application of Mr. Sandy Tyner for Department of the Army
authorization and a State Water Quality Certification to replace an existing
bulkhead and pier, construct new commercial docks, and excavate a boat basin
to connect to the adjacent Atlantic Intracoastal Waterway (AIWW), off of old
N. C. Highway 133, east of the mainland approach to the Oak Island Bridge over
the AIWW, in Southport, Brunswick County, North Carolina. Your receipt of
this letter verifies your acceptance of a valid request for certification in
accordance with Section 325.2(b)(ii) of our administrative regulations.
We are considering authorizing the proposed activity pursuant to Section
404 of the Clean Water Act, and we have determined that a water quality
certification is required under the provisions of Section 401 of the same law.
A Department of the Army permit will not be granted until the certification
has been obtained or waived.
In accordance with our administrative regulations, in most cases, 60 days
after receipt of a request for certification is a reasonable time for State
action. Therefore, if you have not acted on the request, or asked for an
extension of time, by March 8, 1996, the District Engineer will deem that
waiver has occurred.
Should you have any questions or comments, please contact me at telephone
[phone].
Sincerely,
Jeff Richter
Project Manager/CAMA Coordinator
Wilmington Regulatory Field Office
Enclosure

-2-
Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Bob Stroud
Office Manager
Wilmington Regional office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845

Mark E. Farrell
1M4 Bonner Busselis North
Southport, NC 2U61
9101457-5169 910/457-5161
January 3, 1996
Mr. Ed Brooks
NC Department of Environment, Health, and Natural Resources
Coastal Management
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Re: Tyner CAMA Major Permit Application
Dated: November 29,1995
Dear Mr. Brooks:
MA.TAU VIENT
Standard Products of NC, Inc. is in receipt of the above referenced application
submitted for Mr. Tyner by Mr. Steve Morrison, land Management Group, Inc.
jf)hn'P
Standard Products Is the adjacent riparian landowner, East of Mr. Tyner's property. If
Mr. Tyner's planned improvements are limited to his property and riparian area,
Standard would have no comments relating to these planned improvements. Standard
would be opposed to any planned improvements which encroach on Standard's
property or riparian rights.
Should you have questions about our comments, do not hesitate to contact me.
Sincerely,
Standard Products of NC, Inc.
WVA -9�F-
Mark F. Farrell
cc: H. R. Humphreys Jr.
:('h,'IVh�'
JAN 1 ..
D
DIVISION OF
COASTAL MANAGEMENT

SATLSxa CTION: The ira)rbmd. sacred by the within Deed of Tma
mgahm with the imtraa,eraw saved thereby has/hare been ananfid in
fall. This the dayaf
FIRS1`43TIZENS BANK 6 TRUST WMI'ANY
BY
(Sieaaaae of CIA. at Tule)
NOTICE TO REGISTER OF DEEDS Phhme.rad this uum,meaad
scum ro the fdlaux, address
Name
Addmxe
Zy, Gale
Tax Lot No.
Verified by
MAR 15 t"4
DIVISION OF
Recording: 1)aw, Time, ]look and Page COASTAL MANAGEMENT
— Parcel Identifier No.
County on the
day of
19
by
Mail after recording to
This instrument prepared b KENJEIlH R_ m myr.T. ,____T__r_W-2846 ---�—
p Pa Y ,_P..0�1D9fi9- RnthhmrF. 7 _
Brief description for the Index 7.2 ac., (+/-), ICW and NC Hwy. 133
NORTH CAROLINA (FUTURE ADVANCE) DEED OF TRUST
THIS DEED of TRUST made this 31 siday of August , 19 93 , by and between:
TRUSTOR TRUSTEE BENEFICIARY
SANDY R. TYNER and wife, RICHARD T. FAULK FBt,S ciTIZENs BANK aTRUST(a)MI'ANY
SANDRA TYNER
P.O. Box 10309
cm,Phwit I'IC 2846j___
Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, e.g., corptmtion or laornership.
The designation Trustoq Trustee, and Beneficiary as used herein shall include said parties, their heirs, personal representatives, successors, am
assigns, and shall include singular, plural, masculine, feminine or neuter as required by context.
COLLATERAL IS OR INCLUDES FIXTURES.
❑ If this box is marked, this Deed of Trust secures an obligation incurred for the construction of an improvement on land.
W ITNESSETH
WHEREAS, Trus[or I. indebted or is to be indebted to Beneficiary in the maximum principal sum of TWO IifINnRED Fy HTY-TAY) __
TMISAbm AND non/1 nn-- [).Bars (E 242,000 00 ), which is the maximum principal amount, ircldiug prescn
and future obligation, if any, which may be smeared by this Deed of Trust at any one time, such indebtedness being evidemmi by a: (Either (A). (B) or (C
below must be setectd. The options not selected arc not applicable and are deleted. ) THE TERMS OF THE INSTRUMENT E V I DENCING TER
INDEBTEDNESS SECURED HEREBY MAY BE MODIFIED FROM TIME TO TIME BY AGREEMENT BETWEEN THE PARTIE'
THERETO INCLUDING, BUT NOT LIMITED TO, A MODIFICATION TO INCREASE THE INTEREST RATE, TO CHANGE THI
PAYMENT AND/OR PAYMENT SCHEDULE, AND/OR TO EXTEND TIME FOR THE PAYMENT OF SUCH INDEBTEDNESS
AND SUCH INSTRUMENT AS SO MODIFIED SHALL CONTINUE TO BE SECURED HEREBY AND WITH A PRIORITY AS 01
THE DATE OF RECORDATION OF THIS DEED OF TRUST
(AMI Note date &IMt 31 , 19 -23- or if date omitted, of even date herewith, payable with interest as specified therein; ant
(B) O Note date , 19 _, or if date ..tried, of even date herewith, payable with interest as specified therein
and THIS DEED OF TRUST SECURES FUTURE ADVANCES; and the amount presently secured by this feed of Trust is (insert amount
advance at closing): (if trove state "D')
— Dnllas ($
obliption secured by this Deed of Trust may be incurred within a period of fifteen (15) yens from the date hereof; end
(C) O Note (Reyolying Credit) or O EgtdtyLine Agreement, Promissory Note and Truth in Lending Disclosures
dated , 19 or if date omitted, of esen date herewith, rvyable with interest as slxciBed therein
which Note or EquilyUre Agreement ("Agreement"), as applicable, is an Nutty line of credit agreement hatvereed by the provisions of Article 9 n
Chapter 45 of the General Statute of North Carolina under which future obligations secured by this Uecd of Trust may be incurred within a peria
of fifteen (15) years from the date hereof; and
WHEREAS, if all parties on the Now or Agreement, as applicable, referred to herein, are not the same as all Trators herein, then notwithstanding th•
wcitah herein m the contrary, the Note or Agreement is executed by die following:
Each party included within the designation "Trustor" hereunder executes this Deed of Trat in convey his/is interest in the property herein uutveye,
as security for payment of the indebtedness evidenced by the aforesaid Note or Agreement, asapplicable, interest there.nand advances hereunder ant
for performanceo(all other obligations thereunder and hereunder and underany and all other instruments further evidemcingsuch indebtedness but b,
an doing, unless he/it otherwise is obligated therefor, and notwithstanding the provisions of Paragraph 1 hereof, assumes no Personal liability fo
payment of any such indebtedness or for performance of any such obligation; and
WHEREAS, the property hereinafter described is conveyed herein to secure the payment of such indebtedness, interest thereon, advances hemunde
and taxes, charges, assessments, insurance premiums and other obligations ofTrator n herein expressly provided, and to secure the performance of al
of the conditions, covenants and agreements as set forth in the instruments teferrd to hercinabuve;

hnnwla i.hiabla•<unsWeratia.nslaid..'lout... by Trauaue, the raaeiptaml sufficiencyo(whkh hereby area acknowledged. reef the sum u/1 L05anJ
grantedandcaovewdand by thempresentsdos bargain, sell,grammodcontoveyTrusts, his/itsheirs, Personal reprieve dvstur
as:ignaro succt
in trust, dl of the following described property. to wit:
SEE SCHEDULE "A"r ATTACHED HEREIN AND INODRPURATED HEREIN 13Y RE MR NCE.
RPEMM
MAR 15 1994
cC TTPkw(ran,IDIVISION OF
Together with all timber "standing and cut" crop allotments, crop commas, g[wemment s ,"Aa tj� AG E M ENT
kind and Other like and similar contracts and payments• buildings, fixtures, fumimremJ tmprovento thereon. and all rights,
esemnts, 6ereditsmenta and appurtenances thereunto belonging, imluding M.t not limited m all hstin& Plumbing, ventilating,
couling• and lighting goods, equipment and other tangible and intangible PmtatY now or hemher acquired, artxhed to or
reasonably necassry m the use -facto PmpertY. the said oral and personal Property being hereimfiee referred to u "premise, %
TO HAVE AND TO HOLD the ssme. with dl rights, privileges and appurtemrees thereunto belonging, 1. aid Trustee, hix/i,,. heirs, pens
representatives, assign and outstation in true upon the trusts and for the uses and pmpuus hereinafter set forth, and no other;
AND TRUSTOR com ementsto and with Trustee and Beneficiary that Trusor is mixed of the Premises in fee; that Trainor hen the right m convey s
in ftt simple; that she sae are free and der ./all emumbnma a.d exametiom not speclfrally mentioned herein; and that Trustor will warrant
defend forever the title to same againet the lawful claims of all persons whomsoever. AND TRUSTOR FURTHER COVENANTS AND AGREES AS FOLLOWS:
1. PAYMENT. Trustor shall satisfy the Payment obligations Provided for in the Note or- Agreement, as applicable.
2. TAXES AND CHARGES. Trustorshall pay, within sixty (60)daysafter they shall comedue and payableand before any penalty or interest shal
charged thereon, all general and special taxes, charges and asseamentsofevery, kind and nature that may he levied or assessed or be ur become a list
the Premiss, whether the same be for sore, county or city Purposes; and Trustor shall furnish annually certificates or receipts of the proper authorities showingfull reto Beneficiary 'immediately after paym
amusements and char shal how
the
In the event .f failure of Trustor to pay all of the aforesaid to
gas s hercinabove provided. Beneficiary shall have the option m advance the necessary funds to paysaid taxes, wave srnnts.
charge; and all amounts a, expended by Beneficiary for was, charges and assessments, as herein Provided, shall be charged hereunder s print
noney secured by this Deed of Trust and shall bear interest at the one rate as the principal indebtedness secured hereby
hronic
u[herwisemBeneficiary my determine. After any such advances are made.!ieneficiary my apply any funds received hereunder to pro ipall,, advar
or intents as Beneficiary may determine, and Beneficiaryshall not be held to have waived any rights accruing to Beneficiary by the Payment forTrus
of any win hereunder.
1 INSURANCE. Truster shall secure, maintain and keep in force with an insurance company or companies approved by Beneficiary an insure
Policy or Policies providing fire, extended coverage, malicious mischief and vandalism coverage, and such other insurance as may be required
Beneficiary from time to time, upon the buildings and improvements now or hereafter included in the premiss in an amount equal [o the maxim
Mumble value of sae or such amount ss shall Be approved by Beneficiary, whichever shell be the lesser sum; and Trusmr shall keep the Policy
Policies therefor consonlly assigned and delivered to Beneficiary with subrogation clamors satisfactory E. leneficia y providing the right and PriamBeneficiarytodemand, receive and collm any and all money, becoming payable thereunder and to apply same toward [he payment of the indebtedo
secured hereby, unless the same is otherwise paid. In the event of failure of Trustor to pay all of the aforesaid insurance Inventories, as hereinab
provided, Beneficiary shall have the Opium to acquire the said insurance if[heTrustor fails to keep said insurance in effect and Beneficiary shell have
Option to advance the necessary feuds to pay mid insurance premiums, and all amounts w expended by Beneficiary fur insurance premium, as her
provided, shall be charged hereunder as principal money secured by this Deed of Trust and shall bear interest at the ante ram s the Frind
indebtedness secured hereby, payable upon demand or Otherwise as Beneficiary may determine. After any such advances are made, Beneficiary rt
apply any funds received hereunder to principal, advances or interest as Beneficiary may determine, and Beneficiary shall not be held to have waived a
rights accruing to Beneficiary by the payment for Trustor of any sum hereunder.
4. REPAIRS. Trustorshall keepall buildings and improvements now or hereafter included to the premiss in good order and repair and shall comp
with
all
buildings
regulations respecting the premises and [heir use; and Trustorshall not commit or permicany waste or alter, add toor removes
rugs or improvements without the written consent of Beneficiary.
5. TITLE DEFECTS. Trustorahall pay to Beneficiary any and all sums, iorludingcosa, expenses and rcasorubleattwney fees, which Beneficiary m
incur cr expend in any procttding, legal or otherwise, which Beneficiary shall deem "memory m sustain the lien of this Dad of Trust or its priori
agreements6.ACCELERATION. In the event (a) Trustor shall default in any respect in the Performance of any one or more of the covenants, conditions
specified herein; or, (b) for any reason Trustor's oonvennt to pay all ws specified above shall be or become legally inoperative
unenforceable in any particular; or, (c) for any reason Trustor shall fail to provide and maintain the necetary insurance as herainabove required; ce, (
any lien, charge or encumbrance prior to or affecting the validity of this Deed of Trust shall be found to exist, or proceedings shall be instituted to color
any lien, charge or encumbrance against any ofmid premises; or, (e) the removal or demolition of any of the buildings or improvements now or harsh
included in the premisesshall be threatened; or, (f)Trustorshall be declared bankrupt or insolvent, or shall abandon the promises; or, (g)all or any pe
ofthe premisesorm interest therein she116ewW or transferred by Trusmr without Beneficiary's Prior written consent eacludin t the creation ofa li.
or encumbrance subordirtate to this Deed of Trust, (it) the creation of a purchase money securityis ) devise, descent or operation of law upon thedath colony parry herein designatedentergsrfoofany leasehold
inter"toft)a rtansferl
or less which dos nor contain an o " nyouch'", or(iv) the granto(any leasehold interestof [hrtt(d) yea hoceundershalloption topurcle ins then upon t the option of o(anysuch even,,[he indebiMnm.uted hereby. inmrst thereon of
the ter a and Provisions hereof
th failure
of immediately at the option of Beneficiary and neither the advanceof foads by Beneficiary under any.
the terns and provisions hemp nor the failure of Beneficiary to exercise promptly any right to declare the maturity of the indebtedness secured herel
Enter any of the (..ageing condition shall operate s a waiver of Beneficiary's right to exercise such option thereafter s many Pastor currentdef ni
Beneficixys right under subparagraph (g) above may be exercised for the sole Purpose hereby. Notwithstanding the foregoin or the P Prose of increasing the interst rate on the indebtedness mecum
beenforced in violation ofthe Home Equity Loan 'Consumerr ProtectionActof 1988 nJ thecontrary ea applicable
Pro Paragraph6(and RRserve oardRshallm
2 Promulgated thereunder, s amended. pplirable provuionsofFeJeral Reserve Board Reguiatis
7. CASUALTY LOSS OR CONDEMNATION. In the event of any leas covered by insurance assigned to Beneficiary hereunder, or in the event d
Premiss hereby conveyed, or any part thereof, shall be condemned and taken under power of eminent domain, Trainor shall give immediate write
notice to Beneficiary and Beneficiary shall have the right to receive and collect any proceeds o(such insurance and all damages awarded by reason of sat
taking; and the right to such proceeds and damages hereby is assigned to Beneficiary, who shall have the discretion s
any part thereof, toward the indebtedness secured hereby, interest thercon or to apply the amount so received
Premises. advances hereunder or toward the alteration, repair or rutoration of of
8. ASSIGNMENT OF RENTS. Trustor hereby assigns to Beneficiary any and all command emoluments from the premises; and, in the event of an
default hereunder. Trustor hereby authorities; Beneficiary and Beneficiary's agents touter upon and take possession of the panties or any part therec
to rent same for the account of Truster at any rent satisfactory to Beneficiary, to deduct from such rents and emoluments received all necessary an
reewmble cents and expenses of collection and administration, and to apply the remainder to the indebtedness secured hr,. I interact thereon t
,.loll"-_ a..__-''-

..,..... , o. ..er v cn. lice usnary. n,Onedat,ty upon default Mrcundego upon pnxttvlings Ming commenced for the furechsure c.
this Deed of Trust, may aptly ex parts (Ot, and as a matter Of right be entitled To, the appointment of a recdyer of the rents and emoluments of th
premises, without notice ad without reference to the value of the premises or the sulvel of any persons or entities liable hereunder.
10. SUBSTITUTION OF TRUSTEE. Beneficiary hereby is authorized and empowered at any time or times hereafter, at Beneficiary's sole Opine
a _ mthout noneeand without s(ecifyingany reason for such action, set remove any Trustee or successor hereunderand m m,h event or in theeventofth
death, resignation or other inopncityof any Trustee, to appxAm a successor in his place by an imtntment duly recorded in the office of the Register O
Deeds of the County in which this Deed of True is recorded; and such substitute Trustee or Trustees thereupon shall become vested with all the righo
putters. datiesand obligations herein unif er,ed upon the Trustee, it beingexpreia ly understood that the rights and powersherem conferred shall be i,
addition to, and not in dentgati in of, my other rights, powers and privileges under then existing law with reference to the substittrion of Trustees.
1 L ADVANCES. Beneficiary, upon default by Tongue in any reseat in the performance of any one or more of the covenants, conditions o
agre,msents specified in this Deed of Trust, may perform, at its uPtion, such defaultedconecnan[, condition or agreement and may advance such funds
it may deem necessary (or this purpwe, and all amounts so expended by Beneficiary, as herein provided, shall becharged hereunder m principal mone
secured by this Deed fTrust and shall bear interest at rhesue rate as the principal indebtedness secured hereby, payable upon demand or otherwise a
Beneficiary may determine. After any such advances are made. Beneficiary may apply any funds received hereunder to principal, advances «interest a
Beneficiary may determine, and Beneficiary shall not be held to have waived any rights accruing to Beneficiary by the payment by Treace of any sun
hereunder.
12. CROSS DEFAULT. In the event of default by Truuor in the performance of (1) Truuor's obligations under this Deed of Treat. (2) any othn
obligation of Tree for m Beneficiary or, (3) default or failure of Trouser to perform any of the c unditous or covenants of the instrument(s) evidencing the
indebtedness secured hereby, such default may be deemed at the option of Beneficiary, a default in all indebtedness due Beneficiary by Trusm, and the
entire indebtedness, interest thereon and advances in regard thereto shall become due and payahk immediately. without nonce to Trustor, which notice
Triassic hereby expressly waive.
13. COMPLIANCE WITH ENVIRONMENTAL LAWS; INDEMNITY AND HOLD HARMLESS. (a) Tontine hereby represent, and warrants n
Beneficiary and Trustee that:I I ) no Hazardous Materials (as hereinafter defined) have been used or placed in, on or at the premises in violation of, anc
the premises are presently in compliance with, all applicable Environmental laws (as hereinafter defined), and there are no circumstances presently
existing in, on, at or relating to the premises which could result in violation ofany applicable Environmental Laws; (2)Truuor shall not rouse or permit
the installation, storage treatment, disposal,discharge, release or threatened releueofHazardous Materials in, ten, at or from the premiss and has not
engaged in, and has no knowledge of, any activity on or in the vicinity of the premises which resulted in, or is likely to result in, the presence or release of
threatened presence or release of any Haurdoua Materials; (3) the premiss shall be kept free of the presence of Hi ardnus Materials and shall not be
used to generate, manufacture, transport, Treat, store, handle, dispose ofm process Hazardous Materials; (4)Trustor has rot violated, and shall continue
to cause the premises to comply with, all applicable Environmental laws relating TO or affecting the premises, and shall ensure compliance by all Other
parties, and shall keep the premises free and clear ofany liens imposed pursuant to any applicable Environmental Laws; (5)Trus[or has, and at all times
has had, and will at all time continue to have and/ter maintain, all literaes, permits, and other governmental or regulatory authority necessary for
Trusmr's activities and operations on the premises and necessary for compliance with all applicable Environments[ Laws, and Truster is, has been, and
will continue to be, in full compliance with the requirements of the of«esaid authorities; (6) Trust« has complied with, has at all times been in
compliance with, and will at all times continue to be in compliance with, all Environmental Laws relating to notification, registration, recordketping,
installation, financial responsibility and payment of fees with regard to all storage tanks, equipment, facilities, activities and operations on the premises;
(7) there is not now pending or threatened any action, suit, investigation or proceeding against Troll or the premises (« against any other party
relating Tothe premises) seeking menf«ce any right or remedy under any Environmental Laws; B)Trustor is not now, and has not been, subject to any
order, threatened with any enforcementaction, received any notice, or received any request for information many other demand or inquiry pursuant to
any Environmental Laws with respect to the premises or any activiryor, condition in, on, at or rela[ingrothe premises; (9)Tnrstor shall immediately give
Beneficiary oral and written notice in the even[ that Trustor receives any notice from any govern a enal agency, entity or any other parry with regard to
laardous Materials in, on, at or affecting the premises, and shall conduct and complete all iovatigat ions, sampling and testing, and all remedial,
removal and other actions necessary set clean up and remove all 1 laurdous Materials from ter affmting the premises in accordance with all applicable
Envirunmenul Laws; 110) Truster will provide m Beneficiary, and has an ongoing obligation to provide to Beneficiary, copies of all information in its
possession, under its control or available to it concerning the environmental condition of the premises and any and all properties; adjacent to the
Premises;and, (IIITourist shall(i) unify Beneficiss, (any material change in Trusmrs activities or operations on the premium. (it) permit Beneficiary
or Beneficiary's agent to go onto the premises at any time to conduct such investigations o(Trustor s activities and operations in, on, at or relating to the
premises as Beneficiary shall deem reasonable in Beneficiary's sole discretion to more Troll continued compliance with this paragraph and with all
applicable Environmental Laws, and (in) tender sufficient additional collateral to Beneficiary, the sufficiency of which shall be in Beneficiary's sole
discretion, in the even[ Beneficiary, reasonably suspects the presence. release or threatened release of Hazardous Materials in, on, at or from the premises.
{�edmgtheforegoing,intheevent Beneficiary reasonably map"the Presence,releaseor threatened relaseofHarudous Materials in, on, at
�L, ��{yremises, Beneficiary may, a[ its option, declare this Deed ofTrust and [he obligation(s) which i[ secure to be immediately in default.
La.` VBeneficiary may takesuch legal and/orequitableactionas itdeems necessary in sucheteent sopreventany activiry,operation«Occurrence
ffecting the premises which would or might constitute a breach of [his paragraph and/or [o prevent the presence, release or threatened
lase of Hmrdous Materials in, on, at or from the premises. Trustor shall be in default under this Deed of Test and the obligation(s) it
q�even ofa Mach ofany warranty or representation ofTrustor under this paragraph ceany other breach by Troll of its obligations under
c5 Icie9r the provisions of this Paragraph 13. (b)Trus[or hereby agrees to indemnify Beneficiary and Trustee and hold Beneficiary and Trustee liarmless from
MAR dagainst any and all cents, expenses. losses, liabilities. damages. injurierand claims ofany and every kind whets«ver(intcluding, without limitation,
any diminution in the valueof the premises, damages for the lessor restriction on use of the prnnm_or any portion thereof, damages arising from any
erne impact on
the markeringo([he premises m any portion thereof, damages to natural resource, personal injuries, ad sumo paid in settlement of
DIVISION d ins. tour[ ems, atrorneya' fee, and pea (« cousulunts or expe s) whttIt paid, in erred or asserted against Benefsiazy and Trustee fen, with
(o a director indirect result cab ( I ) the presence in, on or an, or theescape, spillage, emission or release from, the premises of enV fUudous
COASTAL MANA( als nraaulutmtial threat o(anyof[he foregoing,(2)the vtolationofany applicable Environmental Laws Tic atingtum affecting the prcmisa,m
the activities conduad therron, (3) [be failure by Trusror ro comply fully with the terms and provisions O(this Paragraph 13, or (4) my warranty, o
represenan". nude by Trusror in the Paragraph 13 Ming false «untrue in any material specs This indemnification of Bendiclary and Trustee by
Trusto 1 met without limitation, costs incurred in connection with the myestigation of site conditions, sampling and testing, or any remedial,
removal or other clan -up work required by any (decal, anon or kncal guvemmenal agency or political subdivision becauseof thepresenceuf Hmrdous
Materialsin, ten, as
Tic uag to«affectingthe premises. With out limitingChef«egoing, ifany Hall Materialsare presenq released or thratenn to
be released in, on, et «from he premises, Trusror shall p omptly take all sac cans at its sole expose u are ne es ary to a urn the premi es to the
condition ezuting prior to the intrnduction of such Haardour Materialathemo. (c) For purpsesoFthel PuagnpIT 13, "Hazardous Materials" means
end includes petroleum products, any flammable explusives, radioactive materials, asbeatosc r any material conttimingasbrntes, and/or any hi ardous.
toxic, regulated or dangerous waste, substance or material defined as such by the Environmental Protection Agency or for the p rp>se of or by any
Environmental Lawsas envy now or at any time hereafterbein effect. Forpurposes of thisParagraph 13, "Environmental Lam" means and includes the
Comprehensive Environmental Response, Compensation and Liability Act, due Hmrdons Materials Transportation Act, the Resource Conservation
and Recovery Act, the Clan Water Act, the Clean Air Act, the Toxic Substances Control Act. the Coastal Area Management Act, any "Superfund"or
"Superlien" law, the Oil Pollution and Hmrdous Substances Cemtrol Act or my other federal, trace or local law, regulation, rule. order or decree
regulating, relating to or imposing liability, responsibility or standards of conduct applicable to environmental conditions and/or releases (ter potential
relnases)of Hmrdous Materials in, ten, at or affecting the premises, as such may now or at any time hereafter M defined or in effect. (d)The Obligations
and liabilities of Trustor under this Paragraph 13 shall survive the forecloventof or the exercise ofa power ofale under this Dent of Trust. thedelivery
ofa ded in lieu of furechoxure, the cancellation or release of record of this Deed of Trust, or the payment and cancellation of the Note.
14. TRUSTOR'S DUTY TO PAY APPRAISAL, ENVIRONMENTAL ASSESSMENT, ETC. EXPENSES. Trusto agrees to aY and reimburse
Beneficiary for, open demand by &.16ciary, any and all of the following coats, expenses and fees incurred from none to time by Beneficiary: (i) all fees and
expenses incurred to obtain an appraisal of the premises after a default and prior in foreclosure, (it) all fees and expenses incurred to obtain periodic updates
Of apprai"6 of the premiaes fn the event the indebrednes, secured hereby is not paid according to is terms, (in) all fees and expenses incurred to obtain
en et onmenal sse mdietand asssments:dter a derfaulrand prior to 6ued«um, and fly)all Other ems, fees and expnes incurred to comply with all legal and
regulatory requirements imposed on Beneficiary to protect the premiser as L. dlateral for the indebtedness secured hereby or mamlyre the value thereof. All
costs, fees and exptuesan incurred by Beneficiary, as herein provided, shall be charged hereunder as principal money seared by this Deed of Trust and shall
bar interest at the tame rate as the principal idehtdnesasecvred hereby, payable upon demand or oherwise as Berefictary may determine. Nothing here
shall he co m ued to allow Beneficiary m collet any fee cost or expense otherwise prohibited by applicable law.
15. TERMS. The arm"Trull . used herein shall include joldyand severally, all parties heecinMfine mmdas"Trturor;' whether one ir.nd
whether individual, corporate or otherwise, and their heirs, legal representatives and assigns, and any subsequent owners of the property hereby wove ni.
and the men "Beeficiary" as used herein shall include any lawful owner or holder of the indebtedness secured hereby, whether one or more.

`dance itMh UIUNiHISSPECIALTRUST,thatifTrustorshall
'he pay hereby in of accordance with the termsand nmJitions of the instucrim-W ev.deneing the same, auJ at,he time and place therein mention
the puymenrthern)f, together with ivarreu,her�•on. advances hereunder, anti all rues, char Wyoe caouetobepad to fknefithryto enti n
secured, res hereinalwve expeaaly agreed, and i(ion, advances hereunder
and obis
even, this Ike) of Trust shall eve all thecovanrso ,d unaanJvrox and ItnY premiums For insurance f
BUT IFDEFAULTshall occur6 n thee null and void (except for the provisions u( Paragraph 13) and shall be cancelled or released of[ ec...dJ
asussnxnts or insurance 1'aYrnumix aid indebtedness, interest flumm. or advances herunderon an coxdidonandagreeo+en,spemiurm.az hereinafxtve ptwultd, or by reason of. he failurenf Truuor n+ any No ofeither, or ofan Ilknl •J in that ,taxes, cF
1ceJ ofTrust, then in all or any ofsad,-vcnes. cite indebtaxlntssseeunJn and
d(Abserveeach
re dei,e, co,
hern+mler, at line ulxiun o/lkcwficiarY m 6rrainaluva• Y cov,
brinw(ulku,acdupxm,he rcyu,stnry.,hecuryinh. rovidemee het a+fieimmeJixrlydua•and peyahla•withuut (uuhcr naxice, endtherecyxmi
hearingsell underthis DreJo(Trust 'he Premisas, at, ublic sale, to the highest I ,Werefit who
ohcash aud i anteorhm,i,,d emp+wend and directed, to ad+
az to uunnn'ncemem of hnechsuu rin, nedinga and obtai'+ing such findings or love of nurt as then ma be r
thereafirr givingsotch nn,iceand aJw:rtisingo(tbe time anti Parceb, alter first giving such nn�
placeufsuchsale in such mamseras then maylte required by a required law; soby ld upon
in
th anyoich sin xnaJance with the law then Mating[o&u,closure poceadinis, anti upon cullrc,ionn Istr
cite Jury of [he Trustee to inake and )diver «t the PurA+azer or porn son
NY from dx Pnxttds ar,,,.kcandsuchale: thepufirst-cillcoss and rxchasers.his/is/their hei rs, suc,oamsau man
topropernosy arising,here(nxn, it sf
to5percenntfthr gross prox,menveds ofsuch sale or$I50, whichever ism penses Indent could sale, includingas comb deed or deeds rucco n;
see<nJ, all axes or p+euadon for his services an amount
assessments then atrsititucin mge'd:er with reasombleanurney fees h)rlealservpcesacoull
indebtnf galien against said premiss other than chose advertised and sold subject m; Ypx r(m
Countxss, securedinterest y his and advances hereunder, together with reasonable attorney fees, i(an
y in w ich mid fry this Deed atf Trust; and fourth, the balance to Trusmn. m such other 1 third, the unpaid Prir
Count in Y. az provide) in the instrumends) eviokneii
Y which sail (orecksuu pnx:eedings were instituted m as then ma prrsam endued thereto, or m the Clerk u(Gm� +
commenced is terminated upn the r Y be authuniaed ur directed by applicable law. In the event any fumciaso
andex eyuest ofTusmr Prior to delivery ofthe deed or deeds by Trustee as aforesaid, Troutorshall
peones irxident ta,mid foreclosure, including as comf+vsxtion for his/its servicoan amount equal to SO
would have peen entitled upon delivery 'If the deed or deeds as aforesaid if such termination is Pay ton towie all
percmthen equired yapptowle6
percent of such amown ibmch bleats xhn fe after such hearing but before hereunder, and the full amount isuch temeimtiuo bat any time
such ale, n Y hearing then required by applicable k•
Providol intitehirrisatucentmatis)"idencng theorney eiindell, services
er siceur�tily per(oxmed to thedamofouch termination and reasonable attorney firs,�L
Premiss immediately upon r ereby. The c' slr osadom herein allowed to Trustee
eyoxstu(ak azafnresaid. and Trustee shall suffer not liability by viinso(irustee's acceptanreuf sltr�ratstec%c,!
I e incurred by Trustee's failure m account for the ncCeels of any sale hereunder.
IN TESTIMONY WHEREOF, Truvtor his caused this irstru-
in., to be executed in is corporate name by its IN TESTIMONY WHEREOF, each individual Toe
President -noted by its his hand herein and has adopted as his seal du., Secretary, and iscorpurams al tube herern affixed, aR appealing beside his nano, the day and year fill.
of is Board of Directorsdul byorJer and/ear each partnership Trustor has caused ills I.
written. Y given, the Jay and year first above
be executed '
Name of Corporation
BY:
ATTEST:
President
m is partnership name and under roll.,
autbo urdm parent, the Jay amp near first above wcinrn
(tip
YINER
(BY:)
(BY:)
'— __ ,. a- lame, W hereby certify that _ _
MAR w 5 1994
p+ersnally apprareJ befaee me this Jay and my hand and mackmaw
WITNESSunusualseal, this he 3 [1�� [ d he due Augcxeof the (
DIVISION OF oregunN irutrumm,.
MyCxnnsas nex,urea: aYnfr
COASTAL MAIi°rye �rb�T —•1993
I I Nnnry 0..A1:_
• • car cwrt I n CAROLINA. COUNTY OF
. a Notary Public in and for aid County and Sus, do hereby certify chat
(SI
1 �!
—�� before me this day personally appeared, win) beingb that he/they is a/are g iceal parmer(s) of Y me (iris duly sworn,
described in amid which executed the foregoing instrument Jan he/rh , the parma•r•
same by subscribing his/their mums) thereto; and that the monomer, is the act and instrument
etruo en d inthe
partner-
WITNESS
my hand and notarial oral, this the
My Cumin day of �� 19
soon expires: —.
SEALSTAMP SPATE OF NORTH CAROLINA, N`gary Public
COUNTY OF
a Notary Public in and for said County and Sate, do hereby certify thin
day of 1, 19
who or 1 am g Y • before y$ ha tsonally "me
personally acyminteJ, what, brio b me JuIY awun,, yys that
President and tha,
is the — Secreary, of -
know
• ids' cnrporatiau desenb2J in and which executed the htregMug instrument, I
tbrttmtswn salu(aiJcorporation; that Amseal s'ffo od n+tlwh,rcaming In..rurnnrt is saidcatmmon s:.'
that the name of the corporation was subscribed thereto by sail
President end that sail
President and Seentary subscribed their rumen chatter, and aid common seal was affixed, all by tar,
of the Board of hand and
notarial
corporation; the
and that sail instrument is the act and Jced of aid corporation.
WITNESS my hand end noarial seal, this the — da....a
My Commission expires:
19
STATE OF NORTH CAROLINA, COUNTY OF Nnury Rnblic
Tha• fmcwdngcertificate(a)of Norary(inl Public is/arecertified to be correct. This instrument was presmed fur rct istntion this day.,,,] 6 duly reeondd in don office 'If the Register of I kcds of
County. North (•anAim, in Book
s day of . 19 . at -o'clock —_.M.
Register of Deets

SCHEDULE "A"
BEGINNING at an existing concrete monument in the western line of
Standard Products as shown on the hereinafter referenced map,
thence from said point of BEGINNING South 09 degrees 46 minutes
12 seconds West 406.55 feet .to an iron; thence North 84 degrees
20 minutes 48 seconds West 406.05 feet to an iron; thence North
73 degrees 26 minutes 18 seconds West 158.87 feet to an iron
(Cheryll Coleman's southeast corner); thence North 06 degrees 31
minutes 42 seconds East 145.20 feet to an existing iron pin;
thence North 83 degrees 24 minutes 28 seconds West 209.83 feet to
an existing iron pin in the eastern edge of the right of way of
S.R. 1210; thence along said eastern edge North 05 degrees 57
minutes 17 seconds East 365.72 feet to an iron; thence along the
line of Odell Williamson North 89 degrees 08 minutes 25 seconds
East 207.96 feet to an iron; thence South 04 degrees 29 minutes
02 seconds West 130.19 feet to an iron; thence South 66 degrees
34 minutes 43 seconds East 185.53 feet to an existing iron pin in
the Southwest corner of the property of the Town of Long Beach;
thence along the line of the Town of Long Beach South 87 degrees
43 minutes 48 seconds East 411.66 feet to the place and point of
BEGINNING, according to map entitled "Atlantic Passage Site
Survey" dated October 2, 1985, prepared by Law Engineering
Testing Company, Wilmington, N.C. (project No. .7-473-85-0980,
drawing no. 2 of 5), and also being all of the interest of
grantors described as First Tract in those certain deeds recorded
in Book 455, Page 731 and Book 399, Page 215, Brunswick County
Registry.
There is also conveyed herewith, with no warranty whatsoever,
that area shown on the referenced map lying between the eastern
line of the property herein conveyed and the line shown thereon
representing the outer limits of the "Existing Bulkhead".
MAR 15 1994
DIVISION OF
COASTAL MANAGEMENT

UKIUbIYbUly`J
�! Mail To:
This instrument was prepared by: William D. Ezzell. Attorney At Law, 119 Davis Street, Southport, NC 28461
QUITCLAIM DEED —QD-I Rinted and for,,jle,�y.Ia,WebWil(4PInc, V.O. Boa II), yadkimi0e, N. C. 31055
STATE OF NORTH CAROLINA, Brunswick-Z+dl(nEy
THIS DEED, Made and entered into this 7th dayof SapSwnhar ;qrp 12 DEIl4.:4Si ,byandbetwe4() l �,� 33
of Brunswick County and State
of Brtulswick County and Slate of North Carolina, hereinafter called Grantee, whose permanent mailing address
is 132n George II Highway SE. Bolivia, North Carolina 28422
WITNESSETH: Rb TITLE CEA jkjCATIUr,
111IMMISTEU Gri R&';G WW.
That said Grantor, for and in consideration of the sum of Ten Dollars IS10.001 to him in hand paid, the receipt of which is hereby
acknowledged, has remised and released and by these presents does remise, release, convey, and forever quitclaim unto the Grantee, his heirs
and/or successors and assigns, all right, title, claim and interest of the Grantor in and to a certain lot or parcel of land lying and being in
Gni rhvi 11P Township, Brunswick County, North Carolina.
and more particularly described as follows:
RE,. % LZa
To,:
TC': O\._. p _.
CK,.... \a.00_, 1
CASE,
BY_
BEGINNING at a concrete monument, which concrete monument
is located as follows: Leaving the interesection of the
centerlines of New NC 133 and Old NC 133 and runs thence
with the centerline of Old NC 133 in a southwar
nail
�7 O
direction 2,290.46 feet to a concrete in th 0
centerline of Old NC 133, thence leaving said centerline
and runs thence south 74 degrees 42 minutes 40 seconds
east 688.53 feet to a point, thence north 51 degrees D N O V 3 0 1995
minutes 20 seconds east 214.3 feet to a concrete
monument, the point of beginning. From said concrete
monument and point of beginning runs thence south 08 DIVISION OF
degrees 56 minutes 20 seconds west 374 feet which run
along a rock wall to a piling, thence continuing witLOASTAL MANAGEMENT
rock wall south 27 degrees 39 minutes west 33.88 feet to
a P.R. nail in a rock, thence from said P.R. nail in rock
runs north 10 degrees 28 minutes 20 seconds east 406.23
feet to the point of beginning, containing 0.0467 acres,
which is shown on Exhibit "A" hereto attached, being a
survey for Sandy R. Tyner by Alvie E. Lewis, R.L.S.,
dated September 5, 1995.
To have and to hold the aforesaid lot or parcel of land and all privileges lhereunto belonging to him, the Grantee, his heirs and/or successors
and assigns, free and discharged from all right, tide, claim or intereN of the Grantor or anyone claiming by, through or under him.
The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular,
Plural, masculine, feminine or neuter as required by contexl.

9K1051 PG0800
IN WITNESS WHEREOF, the Grantor has hen imlo set his hand and seal, or if corporate has caused this instrument to be signed in its corporate
name by its duly authorized officers and its seal to be hereunto affixed by audhh{or/itt of its Board of,Directors,
7th�h da/ya/snd ear first above written.
(Cwtmwm name) 1AM Cf�S� li HAS N
By President t __ (SEAL)
I.D
ATTEST: Secretary EAU
(Corporate Seal)
(SEAL)
__. ,ouobu•". �....
.NORTH CAROLINA, BtvnswiCk COUNTY.
I, a Notary Public of the County and Slate aforesaid, certify that William Chester Hudson and wife,
C-
R
; •.�00ylTA Y :.,
. Mildred C Th sd enn
° p V •O L, G personally appeared before me this day and acknowledged the execution of the foregoing instrument. Witness my
G•
hand and official stamp or seal, thins ay of otember
�,'•,, ;::,`L•,^
em
,1995 ,
's'•-r0`,+°'
My Commission expires: (lA� _Notary Public
SEAL -STAMP
NORTH CAROLINA. COUNTY.
I, a Notary Public of the County and Stale aforesaid, certify that
Trustee,
personally appeared before me this day and acknowledged the execution of the foregoing instrument. Witness my
hand and official stamp or seal, thisday of , 19_.
My Commission expires: NotaryPublic
SEAL -STAMP
NORTH CAROLINA, COUNTY.
I, a Notary Public of the County and State aforesaid, certify that
personally came Wore me this day and acknowledged that —he is Secretary of
a North Carolina corporation, and that by authority
duly given and as the act of the corporation, the foregoing instrument was signed in its name by its
President, sealed with its corporate seal and attested by as its Secretary.
Witness my hand and official stamp or seal, this —day of , 19.
My commission expires: Notary Public
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK yy� /
The Foregoing (or annexed) Certificate(s) of f 1 I F}f�_ mnh l/
Notary(ies) Public (isxare) Certified to be Correct.
This Instrument was filed for Registration on the Day and Hour in the Book and Page shown on the First Page hereof.
'•-J�SROBE T J. ROB11 N, Register of Dee
T1011,17139
Nov 3 0 1995
DIVISIU01 OF
COASTAL MANAGEMENT
00
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^ MMEs1CTION: The indrbtadner saurrd bJ the within Dent of Truu
vigaher with the imtrion nt(s) secured theelq hm/hare been s.,ufiel in
full. Thir the dq of .ty_.
FBI.. RCITIZENS BANK & TRUST COMPANY
BY
(Sig,wmre of Offim d Title)
NOTICE TO REGISTER OF DEEDS: Phme tuned this !..,al
ream to the fdbudng wurm:
Nwne
Ad,l,ru:
Zip Ode
/717 11 )
mAR'5 1994
DIVISION OF
Recording: Date."Time, Book and Page COASTAL MANAGEMENT
Tax Lot No. Parcel Identifier No.
Verified by County an the day of , 19
by
Mail after recording to
This instrument prepared by KMM R_ CAMPRFRT, P_O_ iLvv 1n969r ut:hP=hTNC--_28461
Brief description for the Index 1 7.2 ao., (+/—), ICW and NC Hwy. 133
NORTH CAROLINA (FUTURE ADVANCE) DEED OF TRUST
THIS DEED of TRUST made this 31 Sunday of August 19 93 , by and betweerh:
TRUSTOR TRUSTEE BENEFICIARY
SANDY R. TYNER and wife, RICHARD T. FAULK FIIIST.(XfJZ,IiNS BANK & TRusTcoNIPANY
SANDRA TYNER
P.O. Box 10309
D� hpQL ,_NC_?fl4.6I
Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, e.g. mrpamtion or partnership.
The designation Trusmr. Trustee, and Beneficiary as used herein shall include said parties, their heirs, personal representatives, succ ss irs, anc
assigns, and shall include singular, plural, masculine, feminine or neuter as required by context.
COLLATERAL IS OR INCLUDES FIXTURES.
❑ If this box is marked, this Deed of Trust secures an obligation incurred for the construction of an improvement tan land.
WITNESSETH
WHEREAS, Trusmr is indebted or is to be indebted in Beneficiary in the maximum principal sum of TY10 FiI1NDRF.D Fli1MN_,I47O
_Ir ` I-XisrAnm AM 11011 DD__ Dollars ($ 247, nnn tan ), which is the uaximum principal amount, including pawn
and future obligations, if any, which may be secured by this Deed of Trust at any one time, such indehtedress lido, evidenced by a: (Either (A), (B) or (C
below must be sclecred. The options not selected are not applicable and ore deleted.) THE TERMS OF THE INSTRUMENT EVIDENCING THI
INDEBTEDNESS SECURED HEREBY MAY BE MODIFIED FROM TIME TO TIME BY AGREEMENT BETWEEN THE PARTIEf
THERETO INCLUDING, BUT NOT LIMITED TO, A MODIFICATION TO INCREASE THE INTEREST RATE, TO CHANGE THE
PAYMENT AND/OR PAYMENT SCHEDULE, AND/OR TO EXTEND TIME FOR THE PAYMENT OF SUCH INDEBTEDNESS
AND SUCH INSTRUMENT AS SO MODIFIED SHALL CONTINUE TO BE SECURED HEREBY AND WITH A PRIORITY AS Of
THE DATE OF RECORDATION OF THIS DEED OF TRUST.
(AEI Note dated August 31 . 19-9L or if date emitted. of even date herewith, payable with interest as specified therein: am
(B) O Note dark , 19 —, or if date omitted, of even date herewith, payable with interest as sf edfied therein
and THIS DEED OF TRUST SECURES FUTURE ADVANCES; and the amount presently secured by this Deed of Trust is (insert amount
advanced at closing): (if none state "0")
_ Dollars ($
and future obligations secured by this Deed of Trust may be incurred within a period of fifteen (15) years from the dare hereof: and
(C) D Note (Revolving Credit) or ❑ EquityLine Agreement, Promissory Note and Truth in lending Disclosures
dated , 19 _,tar if date omitted, of even date herewith, payable with interest as specified therein
which Note or EquityLine Agreement ("Agreement'), as applicable, is an equity line of crdit agreement hmvan,W by it. provisions of Article 9 u
Chapter 45 of the General Stamto of North Carolina under which future obligations secured by this Deed of Trust may be incurred within a peria
of fifteen (I5) years from the date hereof, and
WHEREAS, if all parties on the Now or Agreement, inapplicable. referred on, herein, are nor the same as all Trustors herein, then notwithstanding th-
recitals herein to the contrary, the Note or Agreement is executed by the following:
Each party included within the drsignatiun'Trustor" hereunder executes this Deed ofTrust to convey his/its interest in the property herein conveyer
as security for payment ofthe indebtedness evidenced by the aforesaid Note or Agreement, as applicable, interest thereon and advances hereunder an,
for performanceof all other obligations thereunder and hereunder and underany and all other instruments further evidencing such indebtedness but b�
so doing, unless he/it otherwise is obligated therefor, and notwithstanding the provisions of Paragraph 1 hereof, assumes no personal liability fit
payment of any such indebtedness or for performance of any such obligation; and
WHEREAS, the property hereinafter described isconveyed herein insecure the payment ofsuch indebtedness, interest thereon, advances hereundc
and taxes, charges, assessments, insurance premiumsand other obligationsof Tntsmr as herein expressly provided, and insecure the performance of al
of the conditions, covenants and agreements as set forth in the instruments referred to hereitebuve;

.• .ciaonmrnuvu,av now ur henaher nolmxaund Lrra'I,y. and in cunsidetariunu(themmuf$LQI1and
grantand vdhuhle ed and ntiouspaid-+Tnu.or by'I'rtwne,the rmciPt andsu((iorney ofwhich hereby are acknowledged.Trusmr has oars:p.vJ
granted andmnvcyeJ and by there presents does bargain, sell, grant and convey to Trustee, his/its heirs, persnral repr
in trust, all of the following described property. to wit: esentatives, as:ignsandaum
SEE SCFdPD(1LE "An, ATTACHED HERETO AND INCORPORATED $REIN BY REFEPMCE.
0;
MAR ? 5 1994
pTD/ptIVI pS�I/O�fN�(�OF
Together with all timber "s,andlag and cur" crop allotments, crop contracts, government suer TtEhhd ptiyM7dd1BG EM ENT
kind and other like and similar contracts and payments, buildings, fixtures, fumi[um and Improvements thereon, and all rights,
<axmen"" hereditammus and aPPur[eranm theermun belonging, ioclmhng but no,limited ro all heating. plumbing, ventilating,
waling, and lighting goods, equipment
and Other tangible and intangible PmperN now or hereafter acquired, attached to or
reasonably necessary, to the use of such property, the said real and personal property being hereinafter referred to as "promises-.
TO HAVE AND TO HOLD he same, with all rights, Privileg6 and aPPurcensnce thereunto belonging, to said Trustee, hisAei. heirs, pers
mprexnunives, assign and sueeesaun intrust, upon the truss and for the was and purposes hereinafter ser forth, and no ocher;
AND TRUSPOR commercials m and with Trustee and Beneficiary that Trustor is xhed of the premises in fee. that Trustor his the right es convry s
in fee simple; that the same are free and clear of all encumbrances and wa rictiom not sPedfically mentioned herein; and that Trustor will warranr
defend Forever the title to same against the lawful claims of all plasmas whomsoever,
AND TRUSTOR FURTHER COVENANTS AND AGREES AS FOLLOWS:
1. PAYMENT. Truster shall satisfy the payment obligations provided for in the Now or Agreement, as applicable.
2. charged ES AND
aOHAtcRGral and�torshill pay, within sixty (60) days after they shall comedue and payable and before any Peanty or interest shal
special taxes. charges and assessmensofevery kind and namrethatmay be levied or assessed or be or become Bier
the Prcmisn, whether the same be for state, county or city purposes; and Trustor shall furnish annually to Beneficiary, immediately after paym
ecrtificatrs or receipts of the proper authorities showing full Payment of same. In the event of failure of Trustor to pay all of the aforesaid to
assessments and charges as hercinabove provided. Beneficiary shall have the option to advance the necessary funds to Pay said taxes, assessments:
charges; and all amounts so, expended by Beneficiary for tarn, charges and a amnamens, as herein provided, shall be charged hereunder as princ
money secured by this Deed of Trust and shall bear interest at the same rate as the principal indebtedness secured hereby, payable upon demanc
Otherwise as Beneficiary may determine. After any such advances are made, Beneficiary may apply any funds received hereunder to principal, advar
or lmernras Beneficiary may determine, and Beneficiary shall not be held to have waived any rights accruing to Beneficiary by the Payment for True
Of any sum hereunder.
3. INSURANCE Trustor shall xmrc, maintain and keep in force with an insurance meopany, or companies approved by Beneficiary an insures
Policy or Policies providing fire, extended coverage malicious mischief and vandalism coverage, and such other insurance as may be required
Beneficiary from time to time, upon the buildings and improvements, now or hereafter included in the premises in an amount equal ro the maxim
insurable value of same or such amount as shall be approved by Beneficiary, whichever shall be the lesser sum; and Tr sour shall keep the policy
Policies therefor constantly assigned and delivered to Beneficiary with subrogation clauses satisfactory In Beneficiary Providing the right and power
Beneficiary to demand, receive and collettanyand all money becoming payable thereunder and to apply same toward the payment of the indebtedn
secured hereby, unless the same is otherwise paid. In the event of failure of Trustor to pay all of the aforesaid insurance premiums, as hereinabt
provided. Benefrciaryshall have the option to acquire thesaid dnsuranceifthelfrustor fails tokcepmid insurance in effect and Beneficiaryslall have
option to advance the'marrassry fonds to pay said Insurance premiums, and all amounts so expended by Beneficiary for insurance premiums, as her
provided, shall be charged hereunder as principal money secured by this Deed of Trust and shall bear interesr at the same rare as the prind;
Indebtedness secured hereby; payable upon demand or otherwise as Beneficiary may determine. After any such advances are made. Beneficiary it
apply any funds received hereunder to principal, advances or interest as Beneficiary may determine, and Beneficiary shall not be held to have waived a
rights accruing no Beneficiary by the payment for Trusmr of any sum hereunder,
4.REPAIRS. Truar..e.h,n s.__ Ilb'Id'
5. TITLE DEFECIB. Teusto..ha
Incur or expend in any Proceeding
6. ACCELERATION. In -she eve
agreements specified herein; or, (I
Unenforceable In tarty Particular, or,
any lien, charge or enmmbrane,..,ri
a un rags and improvements noworhereafter included in the premises! -good orderand repair andshall coml
mpecting thepremisnand their ate; artdTtwaorshall notmmmitor permitany wastearalter, add too, remove.
without the wrineu mruent of Ben fide
of the piemixsoran interest therein shah
or rnmmbnnce subordinate to this De,
devise, descent or operation of law upon
or less which does not contain an ones+
es ry
to Benefciaryany and all aunts, including costs, expenses and reasonableatrorney, fees, which Beneficiary m or otherwise, which Beneficiary shall deem necessary to sustain the lien of this Deed of Trust or its priori
Tm'or shall default in any respect in the Performance of any oneoi:more of the mvema ts, conditio-v any reason Trustor's mnwrient to pay all taxes specified above shall be or become legally inoperative
r any reason Trustor shall fail to provide and maintain the necessary insurance as hereinabove required; or, (
a of fecting the va I idi ry of this Deed of True shall be found to exist, or proceedings shall be instituted to en for.
ry of said Premises; or, (e) the remova 1 or demolition of any of the buildings or dmpravemen ts now or here. ft-
d; or, (f)Trustorshall beded.e.d
pc, a see as a warwr or isemecia -
Beneficiary's right under subparagraph (g) above may be exercised for the mleg purpose
exercise option thereafter as toms pastor current clef tat
hereby. Notwithstanddn the forons P rpose of inseasing the Interest rate on the Indebtedness recur,
hereby.
in violation oftheHomenEquity the
nCumumep Promotion Aof
f1988 and 12 to the contrary, heapplicaibleproons tvisionsis Paragraph
Fleral Reserve Board Regulatic
Z Promulgated thereunder, as amended.
7. CASUALTY LOSS OR CONDEMNATION. In the event of any loss covered by itsunnceassigned ro Beneftdary hereunder, or in the event d
Premises hereby conveyed, or any part thereof, shall be condemned and taken under power of eminent domain. Trustor shall give immediate writ,
notice to Beneficiary and Beneficiary shall have the right to receive and collect any proceedsofsuch insurance and all damages awarded by reason of suc
taking, and the right to such Proceeds and damages hereby is assigned to Beneficiary, who shall have the discrndon to apply the amountso received, t
anypare thereof, toward the indebtednessi ecured hereby, interest thereonoradvancn herenderor roward thealreration, repairor fntontion of th
premise
8. ASSIGNMENT OF RENTS. Trusmr hereby assigns to Beneficiary any and all fens and emolumeas from the premises; and, in the event of at
default hereunder, Trustor hereby authmrires Beneficiary and Benefrciary'sagenb to enter upon and take possession of the Premises or any part theree
to ten[same for the incaum ofTrustur at any rent satisfactory toBeneficiary. to deduct from anduenu and emolimal s received all necessary an
reasonable costs and expenses of collection and administration, and to apply the remainder to the Indebred,wo secured ham. I .., imr,,t therenn ,

....• ................. eea an. rkudw:hry. w.... ynlxrn default hereunder. or epxm Inecedings hcingmmmcnrnlfoe the (oreclosurer.
thu Lked u( Trost. truly apply ex part, (or, and as a matter of right be entitled to, the appaintmen[ o! a receiver of the mina and emoluments nth
premises, without notice and without reference to the value of the premises or the mlvenry of any persons or entities liable hereunder.
10. SUBSTITUTION OF TRUSTEE. Beneficiary hereby is authorized and empowereJ at any time or times heroes liable
at Beneficiary's scale option
without noticeand without specincapacity
anyofa reason for such action. to removeanyTrustecorsuccesxr hereunder and in such event or in the twilt ofth
death, resignation or other inapxiry o(any Trustee, to appoint a successor in his place by an instrument duly recorded in the office of the Register o
Deedsof[hcCounty in which this DeedafTro,, is rranded;md such substitute Trustee ITTrustees thereupon shall becomev,,,ed with all the rights
Powers, duties and obligations herein confuted talon the Trustee, it being expressly understand that the rights and Powers herein conferred shall be n
addition nil, and not in derogation of, any other rights, powers and privileges under then mining law with infer ice to the substimiun of Trustees.
11. ADVANCES. Beneficiary upon default by Trustor in any respect in the performance of any one or more of the covenants, conditions a
agreementsspeciPied in this Dttdof Trust,nay Perform, at itsoption, suchdefaukdmnvcmnt mnJitionoragreemmtarafcoay advancesuch funds a
it maydrem necessary for this purpose, and all amouncssom nded pc by Beneficiary, ndebuherein provtdedshrebyJayable uponnemuporciipalmone
sttord by this DedaFTrus[andslall bar pointers[ at theame nce as the principal indebtednussecured hereby. payable upon demand oratherwtsea
Beneficiary may determine. After any such advances are made, Beneficiary mayapply any fundsreceived hereunder to principal, advancesar interesta
Beneficiary may determine, and Beneficiary shall not be held to have waived any rights accruing to Beneficiary by the payment by Trusaor ofany sun
hereunder.
12. CROSS DEFAULT. In the event of default by Truster in the performance of (l) Truster's obligations under tits Deed of Trust. (2) any other
obligation of Trmtor to Beneficiary or. (3) deaault or failure a(Trmeor ro perform any of the condidons or coven nersof the iostrumennW evidencing tilt
indebtedness secured hereby, such default may be dremcd at the option of Beneficiary, a default in all Indebtedness due Beneficiary by Trustee, and tht
entire indebtedness, interest thereon and advances in regard [hereto shall become due and payable immediately. without notice to Trosinr, which notice
Trhutor hereby apeculy waives.
13. COMPLIANCE WITH ENVIRONMENTAL LAWS; INDEMNITY AND HOLD HARMLESS. (a)Trustee hereby represents and warrants tc
Beneficiary and Trustee that. (1) no Haardom Materials (as hereinafter defined) have been used or placed in, on or at the Internists in violation of, anc
the premises are presently in compliance with, all applicable Environmental Laws (as hereinafter defined), and there are no circumstances presemd)
existing in, on, at or relating to the premises which could result in violation ofany applicable Environmental Laws; (2)Trustee shall normuseor permit
the installation, storage. treatment. disposal, discharge, rclaseor threatened release of Hazardous Materials in, on, at or from the premises and has not
engaged in, and has no knowledge of, any activity on or in the vicinity of the premises which resulted in, or is likely mresult in, the presenceor release or
threatened presence or release of any Haurdoos Materials; (3) the premises shall be kept free of the presence of Hsrardous Materials and shall not bt
used to generate, manufacture, transport, teat, store, handle, dispose oforproceu Hazardous Materials; (4) Trento, has not violated, andsballcontinue
to atue the premises to comply with, all applicable Environmental Laws relating m or affecting the premises, and shall ensure compliance by all other
parties, and shall keep the premises free and clear ofan
Y liens imposed
n,.11hPutman,
es,Paany
al,and other
EnvironmentalLam;
regul)Trtrauthority and estall times
has had. and will at all time continue to have and/or maintain, all liceosts, permits, and odor governmental m regulatory authority necessary for
Trustee's activities and operation; an the premises; and necessary for compliance with all applicable Environmental Laws, and Trustor is, has been, and
will condnue to be, in full compliance with the requirements of the aforesaid authorities; (6) Trusor has complied with, has at all times been in
compliance with, and will at all times continue to be in compliance with, all Environmental Laws relating to notification, registration, recordla"ping,
installation, financial responsibiliryand payment of fees with regard to 211storage ranks, equipment, facilities, activities and operations on the premises;
(7) there is not now pending or [heartened any action, suit, investigation or proceeding against Trustor or the premises (or against any other parry relatingm the premises) seeking to enforce any right or remedy under any Environmental Lam; (8) Trustee is not now, and has not been. subject to any
order, threatened with myenfonnmhem action, received any notice, or received any request for information orm, other demand or inquiry pursuantED
any Environmental Laws with respect to the premisesarany activity orcondition in, on, at or relating To the premises; (9) Trustee shall immediately give
Benefhcietyoral and written notice in the event that Trustor receives any notice from any governmental agency, entity or any other parry with regard to
Hazardous Materials in, on, at or affecting the premises, and shall conduct and complete all investigations, sampling and testing, and all remedial,
rrmuvol and other actions neexssary to clan up and remove all I larardoot Materials from or affecting the premises in accordance with all applicable
Environments] Laws; (10) Trustee will provide to Beneficiary, and has an ongoing obligation m provide to Beneficiary, copits of all Information In its
possession, under its control or available to it concerning the environmental condition of the premises and any and all properties adjacent to die
premises; and, (11)Trtutorshall (i)notify Beneficiaryefmy material change in Tremor's activities or operations on the prarnau, (it) permit Beneficiary
or Benefhciarysagent to go onto the premises at any time m conduct such investigations ofTrusme'sactivities and operations in, on, at or relating to the
premises as; Beneficiary shall deem reasonable in Beneftciary'sshale discretion to more Trusror'scommuedcompliance with this paragraph and with all
applicable Environments] Laws, and (ill) tender sufficient additional collateral to Beneficiary, the suffchme, of which shall be in Beneficiary's sole
iisaction, in theevenr Beneficiary rrasomblysmpects the presence, releaseordramtened relaseafHanrdmoMmuials in,on,ator from diepremism.
Ending the foregoing, in theeven[ Beneficiary rasonahlysospectsthe presence. releasear threatened rclmseof Hazardous Ma[erlalain, on, at
�tlJarTtb'mjl�h premises, Beneficiary may, at its option, declare this Deed of Tn st and the obligation(s) which ii secures in be immediately in default.
itlonal ,Beneficiary msyzakeurchlegal and/orequitableaction as itdeemsnecessary insuchevent toprevencanyactiviry, operation orocarrence
�'jab affecting the premiss which would or might constitute a breach ofthis paragraph and/or to prevent the presenor releaseorthreatened
--. __ ------ ••• ••^••••ate."'Jul• a,vhaahms or any anuevery Erma wharsnever(including. withoutlimimtion,
any diminution in the value of the premises, damages for the lumorrestriction on use, o(thepremises or any portion [hereof, damages arising frontally
lerseimpaaon the marketingof[hepremiuur
aor any portion thereof, damages to natural resources, personal injuries, and sums paid in settlement of
a, court ears, attorneys' fees, and Pea for consultants or experts) whether paid, incurred or ssurted against Beneficiary and Trustee for, with
pp thge f4'';sadirector indirect resultof.(1)the presence in, on or at.orthes ecpe, aspillage. emission or release from, the premise ofany Hazardous
4dfm8iurs; orasubstantulthratofany oftheforegoing, (2)the violationofany applinblef the activities conducted thereon, (3) the failure by Trustee to comply fully with the terms;
representation nude by Truster in this Paragraph 13 being false or untrue in any material r
Truster includes, without limitation, costs incurred in connection with the io'=Jgation
removal or other clew n.0 p work required by any federal, state or dual governments) agency c
Materials in, on, at, relating to or affecting the premises. Without limiting time foregoing, ifan
be released in, on, at or from the premists. Trustor shall promptly Take all actions at its a
condition existingpriorto the introduction of such Hazardous Materials therein. (e) Ferpu
and Includes petroleum produces, any Barnmable explosives, radioactive materials, asbestos
toxic, regulated or dangerous waste, substance or material defined at such by the Envirom
Enviranmrallawaasmav nowora[env time here�F..h.:".R.... s.............__r.e:_o_.
Main. of this Paragraph 13.
This indemnification of Ben
s Materials arc present, released or threatened to
as are necessary ro return the premises to the
his Paragraph 13. "Haurdo e, Materials" mans
trial containing asbestos, and/or any hazardous,
ection Agency or for the purpose of or by any
"Erwhonmral laws" means and includes the
'ampme Lion Act, the Resource Comemdon
tal Ara Management Act, any "Superfund"or
or local law, regulation, rule, order or decree
mental conditioro and/or releases (or potential
and liabilities ofTrturor under this Paragraph 13 shall survive the foreclosureofe' [he exercise of a power ofsaleu
of a deed in lieu of foreclosure, the cancellation or rd. of record of this Deed of Trust, or the Payment and c
14. TRUSTOR'S DUTY TO PAY APPRAISAL, ENVIRONMENTAL ASSESSMENT, ETC, EXPENSES Tr
Benefidary for, upon demand by Benefieiarv. am mid all of the fnlinwln,r�.
_ .-_._-__------_ _____.. .._.._...r •,, r•..,, ...... p•o•.. .e...,...�... •�•,•, um ....maxwreu namyormatvlymtne valuetnereoL An
cost. fr;ardeapetuomincmeed by Beneficiary, as herein providd,ahallbecharged haste derasprincipal money seared by this Deed afT m rdshal'
bear imuatatthesamerareas thepdncipalindebtech eassecuredhereby. payableupondemrdorotherwisem Beneficiary may determine. Nothing here
shall be consrued m dlow Beneficiary To collect any fee, cost or expense otherwise prohibited by applicable law.
15. TERMS Thererm"Trastor"her used hereinahallindude. jolntlyand severally, all patties herembeforenamedas"Trustor,"whether one :card
whether individual, conpoarc or otherwise, and their heirs, legal repres ntativa and assigns, and mysubsuluent owners ofdin property hereby wuwyehl;
and the tam "Beneficiary" as used herein shall include any lawful owner or holder of the tdebeedness seared hereby, whether one or more.

snored h' Ones tJ htAUE UI'UN'ff II$ SPECIALTRUST, that iFTnu[or shall pay or cause to bepaid [a Beneficiary the indi.neereby in accnedancewith the terms...). tradition o(rhe instruments) evidencing tile same, and a[ the tin¢anJ place thncin mention
the payment thercuf, uogerher with ioumst Jwu'on. advances hereunder, and all taxes, char u,
securedis D" ofTrveezprllbeco teen and ilTrusturshallPerform and ubserveall the covenants, conditions and agrmmeausforinsuranceI
mitans and any
event this Decal ofTmse shall become null and void (except for the provisions u(ParagraphglJ) and shall be ncelld Premiums
r rem rei i. th insurance ,
BUT IF DEFAULTshell Occur in the payment ofsaid indebtedness, interest thereon ur2dear eMhereundernran
lustssmenu or insurance premiums, as heremalxwe pmviJe•J, orb eased o(rerorJ.
conditlonandagreemem,pecifdin tlu Yressanufthe(ailnreofTrustormperfurma dubserve e. r0fah and ylaxes,ci
Deed o(Trust, then in all or anYofsaidevent" the indebtnhressseeuradhereby, inarat thcrcun:mvery Jall ado
hereuuder, cat Ju optiuo of(kncficury uhercinalwve Prtwicld, shall become immnliacelyducanJ parihlewi[humfurther nmice. and [herentxm i
1.le Lawful(r,enJ upon rcyuest n(Ikneficiary it shall beeans thedury Of. Trusnx•,whohereby(ssoauthurired,em
and sell under [his Ike of Trusnhc premius, .111, ublic wle, to rite highest bidder for cash and in one car more parcels. after fin[ giving such cam
thereafter,
as to comn+encement of foreclosure proceedings and obuining such findings or leave of cmtt as
then ma puwneJ anJJirccteJ, read,
and nyread, ina ch accordance
ce witmul hJvcrtisingohhetime and place ufsuchsale in such manneras then ou
and anyresales inamurJancewith the lawthennelating[u (Onclwurc Y applicable leby applicable o,
tbe Ju Ybenyrchase nmeylaw;...rM 2.11 Upon So,
ryahe proceeds «isingk and Jdivernnhe pm cluxrorpurchrr«s, hhi/iuhh vhMin, slmcessors epurchasemon arisin eY Or
theraIts(
NY n;m[hep thegramproccmmsueh talc first, all nesuandezpensea incident tumid sale, includinges compensation for hisservicesan amount,
to assigns, a Proper tied or deeds therc(or r
se5Mrcmt oeshe ax,esm,ro, o(such sale or$150, whichever is reasonable second, all taxes car assessmenu then comitimting a lien 2phor said pRrreeamter�, tother thantthtue a.money olds for legal sarvicn heactun
indebtedness, interest thereon and advances hereunder, ertisd and soled in tit im third, the unpaid turfs
indebtedness secure) mgethea with reasonable attumeY fees, if an pail Prir
by this Deed of Trust' and fourth, the balance to Trusror, to such other Y, as provided in the inswment(s) <videnrir
County in which coin ted upouren
erequ ingswereorprior t or as then May rx�mentitld therem, or to the Clerk ofOuu,t
mmmencd istnmimo uPon[hosure,s[o(Tms[orprim to de"vetyofthededtarodedsbyTrusreeuairected by (ora id' law. In
tile even, any funm6l,
and expenses incident taomid foreclosure, includingasmmpe ualinn furhis/iuxrvieesan amount
would have been entitled upon delivery of the Jed or dents az aforesaid if such termination u50 Percenrtdsuch anmumifsuch termination isafecdor h corm a yhearingtafthecompenwtion co wbialo
anyprior to any hearing then required by.ppllcable Is.
such sale, n hearing but before rfo mle hereunder, and the full amount ifsuch termination Ism any time
rge[herwi[h reatorubleanomrY Bess for hgalswicesa<mall Provided in theimtmmene(s) evidencingYPer(ormdmthetlateofsuch[crmirruhm ado
Premises immediate) u the indebtedness secured hereby. The arm tee hall cons mey f.. it,
Y upon reyuesto(vl<as-Imesaid, anJT I+ensarion hmein allowed to Troscee shall mnstitun• ,'
be incurred 6y Trustee's failure ro account for the ProceedsOfany sale hereunder.liabiliry by virtueofTrustee's attePtancea(thu truscexni
IN TESTIMONY WHEREOF, Trusmr has caused this heam.
mcm co be executed in its corpsmu, name by its IN TESTIMONY WHEREOF, each individual TO, ,
President. "toasted by (u his hand hereto and has aduprd as his seal tit• •• Secretary. anflDirmdus Puratesnitubehercmaffixd,allay Oder appearing beside his name, the day and
ofies RawrJ o(Dir and/or each Partnership Year fir.•
cnors July given, tl+eday and year ftrsrabawc Pshipnahascatuder a written. It executed in its partnership name and under sal by .
authorized Parraers, the day and year first be, sari......
Name of Curpuration
By: IN
ATTEST;
M&R '_ -5 1994
DIVISION OF
COASTAL {b1A
President
(,PANDRA TYNER
(By:)
(By:)
id Cwounty and Sure, du hereby certify that
perxmally appeared before me this day and acknowledged
WITNESS illy hand and notarial sal, this the 31 s theday,,August
due August execution of the foreypring instrument.
MY Commission expires: .1993
a r rs t e ul' NORTH CAROLINA. COUNTY OF
a Notary Public in and for said County and State. Jo her
eby clandly, that
(SI
before me this day persrally appeared, who being by me first duly sworn.:
that he/they is a/are general parmer(s) of
described in and which executed the for instrument; that he/they execute sail instrument in he Farmer,
name by subscribing his/their name(,) thereto; and has the instrument is the an and deed of said WITNESS my hand and nmad I sell, this the Jay u/
partnership
MY Commission expires: �• 19
SEAL -STAMP STATE OF --NORTH COUNTY OF Notary Public
I, -, a Notary Public in and for said County and State, do hereby unify thin .
day of - 19 --
whom 1 Mn , before me Peraunally came
perserullY acyuaintd, who, being by me duly swan;, says that i. President and that
is the Secretary u(_
-. the corporation described in and which eze<md the f regsdng tart' of car, d.
know, she common sal ofmid corporation; that the.1 a(B.ol m theich a executed
ing trumenr ta ngeadhcommon aced that the name of the corporation was subscribed thereto by said
President and President, and that mid --
Of subscribed their names thereto, and said common sal was affnd, all by on
a(the WmrJ of Directors ..(mid corporation; and that mid instrument is the act and deed of mid corporation.
WITNESS my hand and notarial seal, this the day u(
MY Commission expires: , 19 .,
Notary Pnblie
STATE OF NORTH CARULINA, COUNT' OF
The(otegoingeertircme{s)o(Nurmry(in) Public is/are certified to be nurem. This instrument was pnxnteJ for registration thisJay and I
duly "'corded
in the office of the Register of Uceds of
CmntY. Noah Catalina, in Ikz+k . page
This day of
Register of Deeds

SCHEDULE "A"
BEGINNING at an existing concrete monument in the western line of
Standard Products as shown on the hereinafter referenced map,
thence from said point of BEGINNING South 09 degrees 46 minutes
12 seconds West 406.55 feet -to an iron; thence North 84 degrees
20 minutes 48 seconds West 406.05 feet to an iron; thence North
73 degrees 26 minutes 18 seconds West 158.87 feet to an iron
(Cheryll Coleman's southeast corner); thence North 06 degrees 31
minutes 42 seconds East 145.20 feet to an existing iron pin;
thence North 83 degrees 24 minutes 28 seconds West 209.83 feet to
an existing iron pin in the eastern edge of the right of way of
S.R. 1210; thence along said eastern edge North 05 degrees 57
minutes 17 seconds East 365.72 feet to an iron; thence along the
line of Odell Williamson North 89 degrees 08 minutes 25 seconds
East 207.96 feet to an iron; thence South 04 degrees 29 minutes
02 seconds West 130.19 feet to an iron; thence South 66 degrees
34 minutes 43 seconds East 185.53 feet to an existing iron pin in
the Southwest corner of the property of the Town of Long Beach;
thence along the line of the Town of Long Beach South 87 degrees
43 minutes 48 seconds East 411.66 feet to the place and point of
BEGINNING, according to map entitled "Atlantic Passage Site
Survey" dated October 2, 1985, prepared by Law Engineering
Testing Company, Wilmington, N.C. (project No. J-473-85-0980,
drawing no. 2 of 5), and also being all of the interest of
grantors described as First Tract in those certain deeds recorded
in Book 455, Page 731 and Book 399, Page 215, Brunswick County
Registry. . .
There is also conveyed herewith; with no warranty whatsoever,
that area shown on the referenced map lying between the eastern
line of the property herein conveyed and the line shown thereon
representing the"outer limits of the "Existing Bulkhead".
J
�r�1� Tar
�J 1
MAR = 5 1994
DIVISION OF
COASTAL MANAGEMENT

8KIUbIYbulyJ
MAT.:
mhimuvmernwaspreparedbr William D. Ezzell, Attorney At Lau, 119 Davis Street, Southport, NG 28461
QUITCLAIM DEED — Q0-1 Printed aM forq IRs¢YlamebWilf IT�fI I1• lnc., P.O. Box 112, Yadkinvfile. N. C. 12055
STATE OF NORTH
444V2, by and betweA n l" 133
of BE=SwiClc County and Slate of North Carolina, hereinahercalled Grantee, whose permanent mailing address
is 1120 George IT Highway SE. Bolivia, North Carolina 28422 '
WITNESSETH: NO TITLE CERTM ICAMIA
AMMX7HO ON RS3.
That said Grantor, for and in consideration of the sum of Ten Dollars ($10.00) to him in hand paid, the receipt of which is hereby
acknowledged, has remised and released and by these presents does remise, release, convey, and forever quitclaim unto the Grantee, his heirs
and/or successors and assigns, all right. title, claim and interest of the Grantor in and to a certain lot or parcel of land lying and being in
Smirhvillp Township, Brunswick County, North Carolina,
and more particularly described as follows:
TOT:: a -a Ca v
Cr"'.. "a a o. t y4y k
BY_.
BEGINNING at a concrete monument, which concrete monument
is located as follows: Leaving the interesection of the
centerlines of New NC 133 and Old NC 133 and runs thence
with the centerline of Old NC 133 in a southwar
direction 2,29.0.46 feet to a concrete nail in th "J
centerline of Old NC 133, thence leaving said centerline)
and runs thence south 74 degrees 42 minutes 40 seconds
east 688.53 feet to a thence north 51 degrees 0
L
point,
NOV 3 0 1995
minutes 20 seconds east 214.3 feet to a concrete
monument, the point of beginning. From said concrete
monument and point of beginning runs thence south 08 DIVISION OF
degrees 56 minutes 20 seconds west 374 feet which runs
,OASTAL MANAGEMENT
along a rock wall,to a piling, thence continuing with
rock wall south 27 degrees 39 minut-e„. west 33.88 feet to
a P.X. nail in a rock, thence from shad P.X. nail in rock
runs north 10 degrees 28 minutes 20 seconds east 406.23
feet to the point of beginning, containing 0.0467 acres,
which is shown on Exhibit "A" hereto attached, being a
_
survey for Sandy R. Tyner by Alvie E. Lewis, R.L.S., -
dated September 5, 1995. '
a1 sue' Tr' {4]A. 414i�
P01�—
To have and to hold the aforesaid lot or parcel of land and all privileges thereunto belonging to him, the Grantee, his heirs and/or successors
and assigns, free and discharged from all right, title, claim or interest of the Grantor or anyone claiming by, through or under him.
The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular,
plural, masculine, feminine or neuter as required by context.

m1051 PG0800 -
IN WITNESS WHEREOF. the Grantor has hereunto set his hand and seal, or if corporate has caused this instrument to be signed in its corporate
name by its duly authorized officers and its seal to be hereunto affixed by authorit of its Board of Directors,
,ttthhhee/e day and
year first above written.
��/04.-ro.2�5-='�..�X� /(SEAU
cc.w.ne Ha.d IAM CjV14 fIU0.SON
By President (SEAL)
Rm HI S e'B}
ATTEST: Secretary EAU
(Corporate Seal) (SEAL)
.g5biiL.5ffhMg"4, . NORTH CAROLINA. 13run3Wick COUNTY.
(=yl,a Notary Public of the County and State aforesaid, cenify that William ChesCEa Hudson and Wife,
•..s.;°.:ate.,: 1"�.: E:fi Td d r ThulitYn
y' VrO Lt C+ Iersonally appeared before me this day and acknowledged the execution of the foregoing instrument. Witness my
n
:,G, ••.
't •�,, ;:;; 1• hand and official stamp or seal thisc.�� ay of_ ro
nmhrr ,19 iS
Os,.1"'' MY Commission expires: w/11(!tL-olb%�LYF� Notary Public
SEAL -STAMP NORTH CAROLINA. COUNTY.
I, a Notary Public of the County and Slate aforesaid, cenify that
Trustee,
personally appeared before me this day and acknowledged the execution or the foregoing instrument. Witness my
hand and official stampor seal, this —day of
My Commission expires:
SEAL-5TAMP NORTH CAROLINA, COUNTY.
I, a Notary Public of the County and State aforesaid, cenify that
personally came before me this day and acknowledged that —he is Secretary of
_,19_.
Notary Public
Nonh Carolina corporation, and that by authority
duly given and as the act of the corporation, the foregoing instrument was signed in its name by its
President, sealed with its corporate seal and attested by as its Secretary.
Witness my hand and official stamp or seal, this_
Mycommission expires:
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
The Foregoing (or annexed) Certificate(s) oL�.
19_.
Notary Public
Notary(ies) Public (is)(are) Certified to be Correct.
This Instrument was filed for Registration on the Day and Hour in the Book and Page shown on the First Page hereof.
ts.r..erxl._. �(
%( ROBE T J. ROBII SON1Register of Dee
CM
�l O
L i
Nov 3 0 1995 I� A
DIVIS)ut,l OF
;OASTAL MANAGEMENT ! n
y D
O
1
1
1
1
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m

ru y +s LMG. INC.
LAND MANAGEMENT GROUP, INC.
Environmental Consultants
Post Office Box 2522
Wilmington, North Cdrolina 20492
Robert L. Moul
Larry F_ Ralciwir.
W. Stephen MorrisQu
C. Craig Tuicxez
FAX No: 910-452-0060
Suite 14
nnomPy aranch Off i rP Park
3005 WLiyhGyville Avemlue
Wilmington, NC 28403
PLEASE DELIVER THE FOLLOWING DCCUMF"Vr (S) TO:
THIS TRANSMITTAL IS FROM:
WE ARE USING A (BELL PHONES FAX LINE 1500).
NUMBER OF PAGES ff .3 _ (INCLUMING THIS COVER.)
DATE: JIIA2ro/�IC TIME OF TRANSMISSION:'3-s4),
or
TIMME RECEIVED:
IF YOU EXPERIENCE DIFFICULTY IN RECIEVING, PLEASE CALL US ON
910.452-0001.
S,+&Zy
74A*b
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NnRTM CAROLINA C1:NFRAL WARRANTY Dr-JD
T10A LIXED (ride p'r Zoth day of f6
• q , LY Ind 11: Yf la
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Davie C. He r: lei, ir. ec os. aen,y 7ya.f
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,SAIISEIICITON: The iru4bn{neu rand bj the within Deaf of That
witaher with the treated durehj has/haw bear samfiel in
All. Thinhe dn1'nf .r9_.
FIRST.CITIZENS BANK & TRUST COMPANY
By
(Sigwmre if Offer & Tide)
N077CETO REGISTER OFDEEDS: Pkxaemncelthb frumtnane n vi
room to the felk wing ahirm:
Name _
Addha:
tip r'. jr I Recording: Date. Tintc, Ik.,k and Isage
J
MAR I F 1994
DIVISION OF
COASTAL MANAGEMENT
Tax Lot No. Parcel Identifier No.
Verified by County on the day of , 19
by
Mail after recording to
'- - -" "This instrument prepared by .
Brief description for the Index
7.2 ac., (+/—), ICw
NORTH CAROLINA (FUTURE ADVANCE) DEED OF TRUST
THIS DEED of TRUST made this 31 sYday of August , 1993 , by and between:
TRUSTOR TRUSTEE BENEFICIARY
SANDY R. TYNER and wife, RICHARD T. FAULK FBLTN ITIZIiNS BANK & •ntusT COhIPANy
SANDRA TYNER
P.O. Box 10309
sou
Enter inappropriate block for each parry: name, address, and, if appropriate, character of entity, e.g., corpmtiun or partnership.
The designation Truster. Trustee, and Beneficiary as used herein shall include said parties, their heirs, personal representatives, successors, am:
assigns, and shall include singular, plum[, masculine, feminine or neuter as required by context.
COLLATERAL IS OR INCLUDES FIXTURES.
❑ If this box is marked, this Deed of Trust secures an obligation incurred for the construction of an improvement on land.
WITNESSETH
WHEREAS, Truster is indebted or is to be indebted to Beneficiary in the maximum principal sum of 9w(1 HrrNr EQ FORTY-TWO
Turnghmn ANn ten/1 nn__ Dollars ($ 7dJ�f1() I, which is the mvxinmm princiixd amount, including prtsen
and future obligations, if any, which may be secured by this Deed of Trust at any one time, such indcbadness being evidencel by a: (Either (A), (B) or (C
below must be selected. The options not selected are not applicable and are deleted.) THE TERMS OF THE INSTRUMENT EVIDENCING THI
INDEBTEDNESS SECURED HEREBY MAY BE MODIFIED FROM TIME TO TIME BY AGREEMENT BETWEEN THE PARTIEt.
THERETO INCLUDING, BUT NOT LIMITED TO, A MODIFICATION TO INCREASE THE INTEREST RATE, TO CHANGE THI
PAYMENT AND/OR PAYMENT SCHEDULE, AND/OR TO EXTEND TIME FOR THE PAYMENT OF SUCH INDEBTEDNESS
AND SUCH INSTRUMENT AS SO MODIFIED SHALL CONTINUE TO BE SECURED HEREBY AND WITH A PRIORITY AS Of
THE DATE OF RECORDATION OF THIS DEED OF TRUST.
(AMNote dated August 31 , 19 93 or if date omitted, of even date herewith, payable with interest as specified therein; am
(B) O Note dated , 19 or if date omitted, of even date herewith, payable with interest as specified therein
and THIS DEED OF TRUST SECURES FUTURE ADVANCES; and the amount presently secured by this Deed of Trust is (insert amount
advanced at closing): (if none state "0")
Dollars ($
and furore obligations secured by this Deed of Trust may be incurred within a period of fifteen (15) years front the date hereof; and
(C) O Note (Revolving Credit) or O EquityUne Agreement, Promissory Note and Truth in lending Disclosures
dated , 19 —, or if dare omitted, of even date herewith, payable with interest as specified therein
which Note or EquityLine Agreeuent ("Agreement'), as applicable, is an equity line of credit agreensvn governed by the provisions of A,ticic 9 u
Chapter 45 of the General Statutes of North Carolina under which future obligations secured by this Deed of Trust may be incurred within a peric,
of fifteen (15) years from the date hereof and
WHEREAS, if all parties on the Now or Agreement, as applicable, referred to herein, are not the same as all Trustors herein, then notwithstanding th•
recitals herein to the contrary, the Note or Agreement is executed by rise following:
Each parry included within the designation" Trustor" hereunderexecutes this Deed of Trust to convey his/its interest in the property herein cunveye,
assecurity for payment of the indebtedness evidenced by theafaresaid Note or Agreement, as applicable, interest thereon and advances hereunder ant
for performanceof all other obligations thereunder and hereunder and underany and all other instruments further evidencing such indebtedness but b•
so doing, unless he/it otherwise is obligated therefor, and notwithstanding the provisions of Paragraph 1 hereof, assumes no personal liability fts
payment of any such indebtedness or for performance of any such obligation; and
WHEREAS, the property hereinafter described is conveyed herein to secure the payment ofsuch indebtedness, interest thereon, advances hercunde
and taxes, charges, assessments, insurance premiums and other obligations of Truster is herein expressly provided, and to secure the Performance of al
of the conditions, covenants and agreements as set forth in the instruments referred to hereinabove;

•. .............,,pai,I h,,I ui 11so u.... caw or lwraalmn..he'ccored hereby.m+J in au¢idcr:mm� olJ¢wmof� I.Q0and ~
µx.l and rahabla•corssderatioas{+ahl w"fmmur by Trustm, the meipt and sufficiency of which hereby are acknowledged.Trastor has?
grmted anim
d conveyed and by these presents does barga,sell, grant andconvey roTrostre, his/Its heirs, personal repletenadves, as:ignsa.dsucc,
in trust, all of the following described property, to win
•
SEE SCHEDULE "Asir ATTACK HERE70 AND INNRPORAM) HFA2M 13Y REFERENCE.
MAR a 5 1994
p
DpIVISION� OF
Together with all timber "standing and cut" crop allotmentsco , crop ntracts, Kovernment sup yt &TALI p`�I, ( , AG EM E_ NT _ _ _
kinra
d and usher like end similar conscta and payments, buildings, fixtures, fumimre rand Improvements thereon, and all rights,
easem
ents, hereditamga ennd appurtenances thereunto belonging, including but not limited to all hating, plumbing, ventilating,
coaling, and lighting goads, equipment and other tangible and intangible pbut notary now or hereafter ac, Plumbllinal. atachd to or
reasonably necessary to the use of such property, thesaid real and personal ptopi ary being hrreitafhe referred miss "premises".
TO HAVE AND TO HOLD she same, with all tights, privileges and appurtensnces [hereunto belonging, to said Trustee, his/its Fein, pars
representatives, TRUS assigns and successor in that upon the than and for the uses and purposes hereinafter set forth, and no other,
AND TRUSTOA convenant. to end with Trtaseeand Bengfd ny that Trainor is seized of the psalmists in fee, that Trusts has the right to convey a
in fee simple; that the same are Gee and clear of all encumbrances and rmctions not specifically mentioned herein; and ha toTrusror will warrant
defend forever the title to same against the lawful claims of all persons whesomsoever,
AND TRUSTOR FURTHER COVENANTS AND AGREES AS FOLLOWS:
I. PAYMENT. Truster shall satisfy the payment Obligations provided for In the Not, or Agreement, as applicable.
2. AXES AANDCHARGES. Tiuswrshall Pay. withinsixry(fi0)Jaysisher theyshall comedueand payableand beforeany Pc alryor interestshal
char general pecial taxes, chargesandastessmartsofevay kindand nature thatmay belevied or assessd or be or becomes her
the premises, whether the same be for state, county or city purposes; and Traitor shall furnish annually to Beneficiary, immediately after paym.
certificates or receipts of the proper authorities allowing full payment of same. In the evens of failure of Tenshor or pay all of the aforesaid to
ass,ssments and charges as hcreinabove provided. Beneficiary shall have the option to advance the necessary funds to payssid taxes, assessments:
charges; and all amounts so expended by Beneficiary, for tors, charges and assessments, as herein provided• shall be charged hereunder as print
money secured by this Deed of Trust and shall bear interest at the same rate as the principal indebtedness secured hereby payable upon demanc
otherwise.. Beneficiary may determine. Afterany such advances aremade, Beneficiary may applyany funds received hereunder to principal, advar
or interest. Beneficiary may determine, and Beneficiaryshallnosbeheld tohawwaived any rightsaccruing to Beneficiary by the payment forTrm
Of any sum hermnder.
3. INSURANCE. Truster shall secure, maintain and keep in force with an Insurance company or companies approved by Beneficiary an insum
policy or Pulicies providing fire, extended coverage, malicious mischief and vandalism coverage, and such other insurance as may be required
Beneficiary from time to time, upon the buildings and improvements now or hereafter included in the premises in an amount equal to the maxim
insurable value of same or such amount as shall be approved by Beneficiary, whichever shall be the lesser sum; and Tnuror shall keep the policy
Policies therefor constantly assigned and delivered to Beneficiary with subrogation cliiusessatisfactory to Beneficiary providing the right and power
Beneficiary to demand, receive and collect any and all money becoming payable thereunder and to apply same toward the payment ofthe indebredn
secured hereby, unless the same is otherwise paid. In the event of failure of Trainor to pay all of the aforesaid insurance premiums, as hereinabt
provided, Beneficiary shall have the option to acquire thessid insurance iftheTrustor fails to keep said insurance in effect and Beneficiary shall have
option to advance the necessary funds to pay said insurance premiums, and all amounts w expended by Beneficiary for insurance premiums, as her
provided, shall be charged hereunder as principal money secured by this Deed of Trust and shall hear interest at the same rate as the princi; _
indebtedness secured hereby, payable upon demand or otherwise as Beneficiary may determine. After any such advances are made, Beneficiary ri
apply any funds received hereunder to principal, advances or interest as Beneficiary may determine, and Beneficiary shall not be held tohave waived a
rights accruing no Beneficiary by the payment for Truster of my sum hereunder.
4. REPAIRS. Tn,.r,,.d., 1 I,.....n t...ua,__
^ „`cis xavermnmatregntatlaN rCs ^......`s"•+"""¢r are repair antt shall coml
Petting epremiusend theiruse;andTtustarshallnotcommitOrpermitanywasteoralter,add hour remove.
of said buildings or improvements without the written consent of Beneficiary.
5. TITLE DEFECTS. Traitor shall pay to Beneficiary any and all Mass Including costs, expensesand massonablewconcy fees, which Beneficiary m
incur or expend in any proceeding, legal or otherwise. which Beneficiary shall deem necessary no sustain the 6m of this Dad of Tnrst or its priori
6. ACCELERATION, in the event (a) Trustor shall default in any respect In the performance of any one or more of the covenants, conditions
agreements specified herein; or, (b) for any reason Trusror s ronvenznt w pay all rivers specified above shall be or become legally inoperative
esera g charg in any Particular; or. (c) um6rance oriort loran/ issagonT rusmrslull fail to provideand mainmin thenecessaryinsurmceas heminabove rmuirM: nrl
of theprembl sor., interest therein
or encumbrance subordinate to this
or less which does not contain an opt
advances hereunder shall become do
the terms end nmvmi,.,.. t......r ^...
w..`=...,...ancra,oenenca -------••_•--
Beneficiary'sri ht under subparagraph _y be e for the sole
right ofsesuch oin ption thereafter as to any past or conentdefau
hereby. Notwithsnndingthe foregoi gortheprovlsfonso(Paragnp 12 rothecontnrryutlteprov'�nso(tlting the i past rate on the indebtedness aecurt
beenforced in violation ofthe Home Equity Loan Consumer Protection Act of 1988and the applicable provisions FedcalaReservelkard Regulate
Z promulgated thereunder, as amended.
7. CASUALTY LOSS OR CONDEMNATION. In the event of any loss covered by insurance assigned to Beneficiary hereunder, or in the event d
premises hereby conveyed, or any part therm(, shall be condemned and taken under Power of eminent domain. Tractor shall give immediate wrin,
notice to Beneficiary and Beneficiary shall have the right to receive and collect any proceeds ofsuch insurance and all damagesawarded by reason claw,
taking; and the right to such proceeds and damages hereby is assigned w Beneficiary, who shall have the discretion to apply the amount so received, t
any part thereof, toward the indebtedness secured hereby, interest thereon or advances premise. toward the alteration, repairer restoration of tF
8. ASSIGNMENT OF RENTS. Trustor hereby assigns to Beneficiary any and all rents and emoluments from the premises; and, in the event of at
default hereunder, Trainor hereby authorizes Beneficiary and Beneficiary sagentsto enter upon and take possession ofthe premier or any part therec
to rent same for the account fTnistor at any rent satisfactory to Beneficiary, to deduct from such ream and emoluments received all necessary an
reasonable cosy and expenses of collection and administration, and to apply the remainder to the indebtedness secured hr,. ! -. imrrret therm. r
..1.....-.^ I, ...... .s._

r '•••' of Trust.
may apply.r:, van.❑r. ad oy.mm�tduvmmlY ulxm defaulthereunder, or uiwnpnacedinls heingmmmenceJ fonhe (oredosurec
this L1eel o(Trmsst, may apply ex pant hu, and as a matter of right be cou, d sea, the appoimmmt of a receiver of the ants and emoluments of th
premises, without notice and without reference to the value of the premises or the solvency of any persons or entities liable hereunder:
10. SUBSTITUTION OF TRUSTEE. Beneficiary hereby is authorized and empowered at any time or times hereafter, at Beneficiary's sole option
Without notice and without specifying any reason for such action, to remove any Trustee or successor hereunder and in such event or in the event of th
death, resignation or other incapacity of any Trustee, to appoint a successor in his place by an instrument duly recorded in the office of she Register a
Deedsof the County in which this Dead of Trust is retooled; and such aubs[ituteTrustm or thereupon shall Inwtbecome vestdwith all the tights
rs, duties and obligations herein conferred upon the Trustee, it being expressly undersnwd that the rights and powers herein conferred shall be it
addition cam, and Our in derugariun of, any other rights, powers and privilege under then existing law with reference to the sulenituion of Trustees
11. ADVANCES. Beneficiary, upon default by Trustor in any respect in the performance of any one or more of the covenanes, conditions o
agreemenisspecified in this Deed ofTrusq may perform, at iOroption, such defaulted casnven ant, condition or agreement aril may advance such funds a
it may deem necessary for this purpose and all amounts so expended by Beneficiary, as herein providd, shall be charged hereunder as principal mone
secured by this Deed ofTrus[ and shall bear interest at the same rate the principal indebtedness secured hereby, payable upon demand orotherwise a
Beneficiary may determine. After any such advances are made. Beneficiary may apply any fuels raeivd hereunder to principal, advances or interest
Beneficiary may determine, and Beneficiary shall not be held to have waived any rights accruing to Beneficiary by the payment by Tres:oc of any sun
hereunder.
12. CROSS DEFAULT. In the event of default by Trustor in the performance of (1) Truirm's obligations under this Deed of Trust, (2) any odme
obligation of Trustor to Beneficiary ur, (3) default or failure of Trustor to perform any of the conditions or covenants of the innrument(s) evidencing du
indebtedness secured hereby, such default may be deemed at the option of Beneficiary, a default in all indebtedness due Beneficiary by Trustor, and the
entire indebtdness, interest theman and advances in regard thereto shall become due and payable immediately, without notice to Touter. which notice
Trustor hereby expressly waives.
13. COMPLIANCE WITH ENVIRONMENTAL LAWS; INDEMNITY AND HOLD HARMLESS. (a)Trustor hereby represents and warrants is
Beneficiary and Trustee that. (I) no Hazardous Materials (as hereinafter defined) have been used or placed in, on or at the premise in violation of, ant
the. premises are presently in compliance with, all applicable Environmental Laws (as hereinafter defined), and there are no circumstances presently
existing in, on, at or relating to the premises which could result in violation ofany applicable Environmental Laws; (2)Trustor shall not cause or permit
the installation, storage, treatment, disposal, discharge, release or threatened release of Hazardous Materials in, on, at or from the premises and has not
engaged in, and has no knowledge of, any activity On or in the vicinity of the premises which resulted in, or is likely to result in, the presenceor releasem
- - threatened presence or release of anes y Hazardous Materials; (3) the premisshall be kept free of the presence of Hazardous Materials and shall not br usedtogenerate,manufacture,transport,treat.store,handle,disposeoforprocessH rdous Maaruls;(4)Trustorhasnotviolated,andshallcontinur
to cause the premises to comply with, all applicable Environmental Laws relating to or affecting the premises, and shall ensure compliance by all other
patties, and shall keep the premises free and clear ofany liens imposed pursuant to any applicable Environmental Laws; (5)Trustor has, and at all times
has had, and will at all time continue to have and/or maintain, all licenses, permits, and other gavemmcreal or regulatory authority necessary for
Truaor's accivitieand operations on the premises and necessary for compliance with all applicable Environmental Laws, and Trustor is, has been, and
will continue to be, in full compliance with the requlrementa of the aforesaid authorities; (6) Trustor has complied with, has at all times been in
compliance with, and will at all times continue to be in compliance with, all Environmental Laws relating to notification, regatmtion, remrdkeeping,
- installation, financial responsibility and payment Offers With regard to all storage ranks, equipment, facilities, activities and Operations on the premises; (7) there is or now pending or threatened any action, suit, investigation or proceeding against Trustor or the premises (or against any ocher party.
relating to the premises) seeking to enforce any right or remedy under any Environmental Laws; (8) Trustor is or now, and has not been, subject to any
order, threatened with any enforcement action, received any notice, or received any request for information or any other demand or inquiry pursuant to
any Environmental Laws with respect to the pmodam or any activity or condition in, on, at or relating to the premise; (9) Truism, shall immediately give
Beneficiary oral and written notice in the event that Trustor receives any notice from any governmental agency, entity or any other parry with regard to
Haradous Materials it, on, at or affecting the premises, and shall conduct and complete all invetigatium. sampling and testing, and all remedial,.
mourval and other actions necessary to clean up and remove all I laradoos Materials from or affearing the premises in accordance with all applicable
Environmental Laws; (10) Trustor will provide to Brnefcary, and has an ongoing obligation to provide to Beneficiary, copies of all information in its
possession, under is control or available to it concerning the environment condition of the premise and any and all properties adjacent to .the
premises; and, (I I) Trutor shall (i) notify Beneficiary of any material change in Trusmr's activi t its or opemtims on the premises, (if) permit Beneficiary
y or Beneficiary's agent togoonto thepremisea[any cmemmndia"such investigationsofTeincr'sactivities and o pennonsin,on,atra relatingtothe
premises as Beneficiary shall deem reawnablein Brneficiary'saoledactetion toassure Truscor'scontinued compliancewi[hthaparagraph and with aB applicable Environmental Laws, and (ill) tender sufficient additional collateral to Beneficiary, the sufficiency of which shall be in Beneficiary's sole
discretion, in the event Beneficiary reasonably suspects die presence, releaxorthreatened release ofHarardouaMaterial. in, on, at or from the premises.
andingthe foregoing, in the event Beneficiarymasovhlysuspects the presence, release or threatened relemeof Harardom Materials in, on, at
L �? rRt6� premises, Beneficiary may, at is option, declare this Deed of Trust and the obligation(s) which it secures to be immediately in default.
�: Il s'1 u.•. � �7 d3it o' , Beneficiary may takesuch legal an d/orequimbleacdonasitdme necessaryinsucheventwpreventanyactiviry,opcmtiunormmrrence
Cllf'd!� rm{a� affecting the premises which would or might wnstimm a breach of this paragraph and/or to prevent the presence, release or threatened
a pr ' cA release of Hazardous Materials in, on, at or from the premises. Trustor shall be in default under this Deed ofTmst and the obligation(s) it
recur i e"carcafa breach ofany warranty or representation of Trustor under this paragraph or my other breach byTmwr of(tsobligations; under
'Ana �QOgr thegprovaiy ofthisParagraph 13.(b)Trustor herebyagreesto indemnify&neftciary anlTrureeand hold Beneficiary mdTmrm harmless from
MA 77lf,da airutim andall costs, expense, losses, liabilities, damages. injuriesand daimsofany and every kind whatsoever(including, without limitation,
any diminution in thevalue of the premises, damages for the loss orrestrictionon use of the premiusor any portion [hereof, damages arising front any
DIVISION
IVISION ins, mart
erne impair ma on the rketingofthe premises orany portion thereof, damages to natural resources, person sums paid and supaid insettlemencof
costs, attorneys' fees, and fee for consultants or experts) whether paid, incurred or asserted against Beneficiary and Trustee for, with
L MANA( f NYTa director indirect resukol:(1) thepressncein, cancan, ortheemspe,spillage, emissionor releasefrom, thepremises ofany Hazardous
;AASTA i s,orasubstantial threat ofanyofthe foregoing, (2)theviolation ofany applicable Environment Laws relating tooraffeaingthepremises, or
the activities conducrd thereon, (3) the failure by Trustor to comply fully with the turns and provisions of this Paragraph 13, or (4) any warranty or
representation made by Trustor in this Paragraph 13 being false or untrue in any material respect. This indemnification of Benefndary and Trustee by
Trustor includes; without limitation, costs incurred in connection with the investigation of site conditions, sampling and testing, or any remedial,
removal or other clean-up work required by any federal; state or local governmental agency or polirial subd ivis(on because of the presence of Haardotn
Materials in, on, at, relaringto or affectingthepremises. Without I(mitingt eforegoing, ifanyl-aardous Materiaaarepresent, releasedorthreatenedto
be released in, on, at or from the premises, Trustor shall promptly take all actions at its sole expense as are necessary to return the premises to the
condition exatingpdor to the in[rraductionofsuch HaardousMatetaathereto. (c) Forpurpose ofthisParagraph 13, "Haardous Materials" means
and includes petroleum produces, any flammable explosives, radioactive materials, asbestosorany ma x rial cantainingasbesms, and/orany hazardous,
toxic, regulated or dangerous waste, substance or material defined as such by the Environmental Protection Agency or for the purpose of or by any
Environmental Laws as may now or at any time hereafter be in effect For purposesoftha Paragraph 13, "Environment Laws" means and Includes the
Comprehensive Environment Response, Compensation and Liability Air, the Hazardous MaterialsTranspomtion Act, the Resource Conservation
and Recovery Act, the Clean Water Act. the Clean Air Act. theToxaSubstance Control Act, the Coastal Area Management Ace, any "Superfund"or
"Superlien" aw, the Oil Pollution and Haardous Substances Control Act or any,other federal, state or local law, regulation, rule, order or decree
regulating, relating to or imposing liability, responsibility or standards of mnductapplicable to environment conditionsand/or release (or pmentlal
release)of Haardous Materials in, on, at or affecting the premises, as such may now or at any time hereafter be defined or in effect. (d) The obligations
and liabilitiesofTr.to, under this Paragraph 13 shall survive the foreclosure oforth,in eretse of a rawer ofsale under this Deed of Trust, the delivery
of a deed in Uses of foreclosure, the cancellation or release of record of this Deed of Trust, or the payment and cancellation of the Now.
14. TRUSTOR'S DUTY TO PAY APPRAISAL, ENVIRONMENTAL ASSESSMENT, ETC. EXPENSES. Trustor agrees to pay and reimburse
Beneficiary fan upon demand by Beneficiary, any and all of the following costs, expense and fees incurred from time to time by Beneficiary: Ill all fees and
expense incurred in, obtain an appraisal of the premises after a default and prior to foreclosure, (ii)all fees and experue incurred to obtain periodic update
of appraisals of the premises in the event the indebtedness secuml hereby is not paid according to its win-, Oil all fees and expenses incurred to obtain
environmentamJiesandaasessmmxz aafteradefaultand prior to foreclosure, and IN) all other costs, fessand expenses incurredtocomply with all legal and
regulatory requirements imposed on Beneficiary to protect the premise as collateral for the indebtednesssecomel hereby or to aralymthe value thereof. All
costs, fees and expenses so incurred by Beneficiary, as herein provided, shall be charged hereunder as principal moncy secured by this Deed of Trust and shalt
bear iimmicatthesameram as the principal indebtedness seemed hereby, payable upon demand orothr eiseasBeneficiarymay determine. Nothing here
shall be consumed to allow Beneficiary to collect: any fee, our or expense otherwise prohibited by applicable law.
15. TERMS.Theterm 'Trnsmu" as used hereinshall include, jointyond seveally,allfarties herembeforenamelas•Trunor,"whetheronr rtan.i
whether individual, mrpomte or Otherwise. and their heirs, legal representatives and assigns, and any subsequent owners of the property herchy wn cal;
and the term "Beneficiary" as wed herein shall include any lawful owner or holder of theindebtedness secured hereby, whether one or more.

........ da.ce 1LbIAUEUPUNTHISSPECIAL TRUST, that iFTrustorshall pay or cause to be paid to Beneficiary [he indcur
xeuredhereby inaccordance with the termsandcnndltions"(the instrument(s) evidencingthesame, and at Jwtime andplace thereinmention
the red, as t rhereu(, together with iumrest rberron, aJvancm hereunder, ad all taxes, char
secured, as hercimixw...PreaalyOwmel and ifTrustorshall perform and observe2sacs, covemnu,essnicrs and any Premiu sforinsrance
event this Deed n( •as.candid and any Premiums for insurance)
Trutt shall become null and void (except for the provisions of Paragraph I3) and shall be nnrelled or released of record.
OUpIFDEFgULTshalltxxur in rh.
assessmenu or insurance remiums, PaYmemn(saiJ inJebredness,imerocthermn oraJvances h.reundrnxan
condition anJngrmmmtsP as hcreinalwveprovided, or by reason of the failuren(Trustor to Perform. dohx Beach and very cow•
Ixtified in this Dmlulhust, then in slloranyofsaiJevenu. rbeinJehrnh¢ss sound her
eby. interest thrrmu and all ads
heba" ",eat ["rapt"'' o(Rrueficiarya; LcreitulwvrpnrviJed, shall become immediatrlyducanJ pnyaMewithmn funber notice, and therenlxm i
bs•law(dfu, and nrym d¢rcyu,stnflknrficiary"shall hecumechrJuryu(Tmstn•, who hereby
-aoauth'it. era
and xll under this DeeJ ulTrust the Pmmixs, at public sale, to thehighest bidder far
r cash and in one or more parcels, afo first giving ouch cam
an acK as to commencement of fumhuure pnxrdina and obuiech such finJinl an
Inve of court u then ma wend and directed, m ads
dmrca her giving such n"dce s cad aJvermin g of the ti me end Place ofsuch sale
le in snch man net as then may
and art res.1 in acc"nlanceev"h thrlawchen relatingco fueclnsnreP,7
r Ybe reyu'ved hyaryagnble doer
y he re urcha byaPPkcable Uw; and upon sm
the Jury.. re pin usuao..I, inmr a.c er to the Pard,axrtv purchasers, his/)u/their heirs. sucecssa:,,.,..:_.. _
p oceedints, and urym nJlnninn "(the purchase
urchax monryarising[herefrnm, it sf
paq (rumtbc Prcxmis arising from suchsale: 6... ,n......___ _-.
..,mrcor-_'--•"••••• ...,:gas tom unt
second, all axes or asxssmenu then rnmitirdng a lien against sail premises other than those reasoadvernable
w ¢ever ugrnteq tu;,reJ:er with.......ableanornry(ees(unif service trolly p.r(ot
indebtedness, interest and s .vice actunpaid
and sold subjm an;
hird
indebtedness secured by this Deed of Trutt, and (n,mh, the balance m Tsemab,
y this poi
advances hereunder, together with reasonable a¢ornry fees, "(any, ss provided in the ire;o-ument(s)
County in which foreclosure h, the
said to such other evidrnvit
proceedings were ens ba anther ma Person endued thereto, or to the Clerk
rnmmenceJ is terminated u(xm'the request ofTmstorpriortodeliveryofthedeedtotrtd
by laay.tnrshall
dsbyTrwtdirected
ens any foreclun
and expc.sn incident to mid f..redrure, including.. compensation furhis/iuservicesan amount
eeasafrlendleTrr
would have been entitled upon delivery pay,, Trmtttall
'(the deed or d aforesaid ifsuch termination
Pereentufsuch ansoum ifsuch terminationua(trrsuclrh�gbuoresai'fsnleh equal hearing equired compensation
u prior ro any hearing then required by aPPlinble Is.
such sale,uryrethrr wish
n
arcuet
reasonable attorney fees for legala,,viom acmall Y ermnderanJ th<(ullamonnt ifsuch termination is at any time
prowled in the imtrumcnt(s)evid.n<ing the indebtedness YPerformed in the dateofsuch termination
adc Premisesimmcde,cl u semred hrrehY. Theatm reasonable attorney frrs, i(a.
Y ponlure to
- be incurred Tr hl,anJTrutneshallsu(ferrio liability by virtue(Trustee's
to nnttofthtee is
failure to
l - -
Meleasor the accepmeaved
ecotone for the Froceola of any sale hereunder. nuteat"
O
M TESTIMONY WHEREOF, Trusmr
WHEREOF,
has .used this hums -
Its rco Ix ex¢uted in Iu 0-m-nite name by its IN TESTIMONY WHEREOF, each individual Tm•
-..�
PresiJenr, attested by its his hand hereto and has doptcJ as his seal the .• Secreury,anJ iu mrpuratescal to behermsa(RxcJ, allby"rder aplxa.ingbeside his name, thedayadycarfa',.
o(iu Iluadn(Directors Julygiwo, the Jay and year firs[ alxwe ad/or each Partnership Trustor has caused dmu:
written. IV excelled in its partnership
name and under seal I, .
authorized partners, the Jay and year first above wr in,,.
Name If C.rpsudon
BY., (til
($1
ATTEST. President.. (Ey?�IVDRA T1+[VER 1. •'
re
EdL I1� Secretary (By:)
STATE OF NORTIi CAROLINA.
COUNTY OF Aar [
gsGS'I(7C
1, a Notary Public in and for mid Gsunry and State, do hereby Ben ify that
.
1994
Perxmally app©red before me this Jay and acknowl d •
WITNESS MY hand and nutarul sal, this the 31 st the Jue ..etude' of the (""going'...moment.
DIVISION OF day August
of —��• 1993
My Cummsiun expire:
COASTAL MA
P '� '
Nnmry Pahlic
STATE OF NORTH CAROLINA, COUNTY OF
I' , a Notary Public in and for said County and Stare, do hereby certify that
before me this day pema all
that he/they is a/are general parmer(sy aPpnreJ, who being by me First duly sworn,
) of
describedibcd in and which executed the for egoing instrument; that he/they the partner!partner!executed sail instrument in
name by subscribing hh/their Morels)
the partner.
there['; and that the instrument is the act and deed of said
tied, this the partnership
WITNESS my hand and notarialJay
n(
' �—. _,.
My Commission expires: 19
Noary Public
SEAL-SIAMP STATE OF NORTH CAROLINA,
COUNTY OF _
Notary Public in and for said County and State, do hereby certify that , .
day of�— 19
whom I am ryasmully
ac• before me ly came
Y yuainted, who, being b me July sworn, says thlist at
President and that �..h
. is the — Secretary of_...
—. the corpomdun dexribed in and which executed the for
knowsthe common secalIfmid cur{wratiun;th.tthcaraId(ftx<Jtorite([¢goingid the fare lift Instrument;
d that the name of the corporation was subscribed thereto by said
President and President, and that sail
Secretary subscribed their name [hoer', and said common seal was a(fxd, tip by on
of the ESEcard ofhnda Directors n said corporation; and that slid instrument is the act and deed of said corporation.
Y Commission
my hand and notarial seal, this the day If ' MY Commission expires: �• 19
Nnmry Public
SPATE OF NORTH CAROLINA, ('OUNII' OF
The (ureguingcertiftca"(s)n(Nurm yles)Public is/a,ce"ifredto be carte..This msrumem was presented far thisJayauJ1
July rrcnrJd in the ..flit n! the Register of Ihcels of
(imnry, Nunh (:....lino, in &xtk I;aKc _.
This day of , 19 , at •i chock
RcKister of Deeds

SCHEDULE "A"
BEGINNING at an existing concrete monument in the western line of
Standard Products as shown on the hereinafter referenced map,
thence from said point of BEGINNING South 09 degrees 46 minutes
12 seconds West 406.55 feet -to an iron; thence North 84 degrees
20 minutes 48 seconds West 406.05 feet to an iron; thence North
73 degrees 26 minutes 18 seconds West 158.87 feet to an iron
(Cheryll Coleman's southeast corner); thence North 06 degrees 31
minutes 42 seconds East 145.20 feet to an existing iron pin;
thence North 83 degrees 24 minutes 28 seconds West 209.83 feet to
an existing iron pin in the eastern edge of the right of way of
S.R. 1210; thence along said eastern edge North 05 degrees 57
minutes 17 seconds East 365.72 feet to an iron; thence along the
line of Odell Williamson North 89 degrees 08 minutes 25 seconds
East 207.96 feet to an iron; thence South 04 degrees 29 minutes
02 seconds West 130.19 feet to an iron; thence South 66 degrees
34 minutes 43 seconds East 185.53 feet to an existing iron pin in
the Southwest corner of the property of the Town of Long Beach;
thencealong the line of the Town of Long Beach South 87 degrees
43 minutes 48 seconds East 411.66 feet to the place and point of
BEGINNING, -according to map entitled "Atlantic Passage site
Survey" dated October 2, 1985, prepared by Law Engineering
Testing Company, Wilmington, N.C. (project No. J-473-85-0980,
drawing no. 2 of 5), and also being all of the interest of
grantors described as First Tract in those certain deeds recorded
in Book 455, Page 731 and Book 399, Page 215, Brunswick County
Registry.
There is also conveyed herewith; -with no warranty whatsoever,
that area shown on the referenced map lying between the eastern
line of the property herein conveyed and the line shown thereon
representing the'outer limits of the "Existing Bulkhead".
MAR 15 1994
DIVISION OF
COASTAL MANAGEMENT

8KIUSIYbUIyy
Mail To:
This instrument was prepared br. William D. Ezzell, Attornev At Law, 119 Davis Street, Southport, NC 28461
QUITCLAIM DEED —QD-I Primedand for.•leameg Il6• p Inc..P. D. Bow 127, Yadkinville. N. C. 22055
STATE OF NORTH CAROLINA, Brunswick • c(I(;. _1051-Hali.�p hly.
THIS DEED, Made and entered into this 7rh dayof Se; remher,,;,.rn I n 001;114(•�i ,byand betwee{, OU 33
of Brunswick County and State of North
of Brunswick County and Slate of North Carolina, hereinafter called Grantee, whose permanent mailing address
is 1320 George II Hiehway SE, Bolivia, North Carolina 28422
WITNESSETH:
"I0 TITLE CEHI'hslCATIM
.ami OR musDum.
That said Grantor, for and in consideration of the sum of Ten Dollars ($10.00) to him in hand paid. the receipt of which is hereby
acknowledged, has remised and released and by these presents does remise, release, convey, and forever quitclaim unto the Grantee, his heirs
and/or successors and assigns, all right, title, claim and interest of the Grantor in and to a certain lot or parcel of land lying and being in
Smi rhvi 11 a Township, Brunswick County, Noah Carolina,
and more particularly described as follows:
RO. �ZZe1�
TOT:.
TC
CS,,,,, �aoo (�1�lyi
Mi,
BEGINNING at a concrete monument, which concrete monument
is located as follows: Leaving the interesection of the
centerline's of New NC 133 and Old NC 133 and runs thence
with the centerline of Old NC 133 in a southwar �HV O
direction 2,290.46 feet to a concrete nail in the! O
centerline of Old NC 133, thence leaving said centerline
and runs thence south 74 degrees 42 minutes 40 seconds
east 688.53 feet to a point, thence north 51 degrees 0 9
minutes 20 seconds east 214.3 feet to a concrete NOV U 3 0 1995
J
monument, the point of beginning. From said concrete
monument and point of beginning runs thence south 08 DIVISION OF
degrees 56 minutes 20 seconds west 374 feet which runs
OASTAL MANAGEMENT
along a rock wall to a piling, thence -continuing with
rock wall south 27 degrees 39 minutes west 33.88 feet to
a P.K. nail in a rock, thence from said P.K. nail in rock
runs north 10 degrees 28 minutes 20 seconds east 406.23
feet to the point of beginning, containing 0.0467-acres,
which is shown on Exhibit "A" hereto attached, being a
survey for Sandy R. Tyner by Alvie E. Lewis, R.L.S.,
dated September 5, 1995.
... � ^3F m�nn.• p�a61t6 EOFiJ �9pi�-1
To have and to hold the aforesaid lot or parcel of land and all privileges thereunto belonging to him, the Grantee, his heirs and/or successors
and assigns, free and discharged from all right, title, claim or interest of the Grantor or anyone claiming by, through or under him.
The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular,
plural, masculine, feminine or neuter as required by context.

6K1051 PC0800
IN WITNESS WHEREOF, the Groner has hereunto set his hand and seal, or if corporate has caused this instrument to be signed in its corporate
name by its duly authorized officers and its seal to be hereunto affixed by authors of its Board of Directors, the dayandyear first above written.
Vc.'ix'wx N..0 BAH CHGSTER IlUUJUI'tCTY
ATTEST:
(Corporate Seal)
I. 1 I. 1 e ! •�I
^�v - - �-4
r
(SEAL)
.NORTH CAROLINA, Brunswick COUNTY.
a Notary Public of the County and State aforesaid, certify that William Chester Hudson and wife,
'- 4;, ip' 'r' • G.: � 3e'rsowlly appeared before me This day and acknowledged the execution of the foregoing instrument. Witness my
-: :�, .,,, :.,:?`;•,;°hated and official stamp a seal,this�-x0�— ,SQDtemher ,1995 ,
My Commission expires: /1 Notary Public
C✓J���l9 �
SEAL -STAMP NORTH CAROLINA. COUNTY.
I, a Notary Public of the County and Slate aforesaid, certify that
Trustee,
personally appeared before me this day and acknowledged the execution of the foregoing instrument. Witness my
hand and official stamp or Seal, thisday of
. 19_.
My Commission expires:
Notary Public
SEAL -STAMP NORTH CAROLINA. COUNTY.
I, a Notary Public of the County and State aforesaid, certify that
,
personally came before me this day and acknowledged that— he is Secretary of
a North Carolina corporation, and
that by authority
duly given and as the act of the corporation, the foregoing instrument was signed in its name by its
President, sealed with its corporate seal and attested by as its
Secretary.
Witness my hand and official stamp or seal, this —day of
. 19.
My commission expires:
Notary Public
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK {�
The Foregoing (or annexed) Certificate(s) of ' I IF
Notary(ies) Public (is)(are) Certified to be Correct.
This Instrument was filed for Registration on the Day and H our in the Book and Page shown on the First Pagehereof.
k-•iLj
ROB�T J. ROBI�s N, Register of Dee
Nov 3 0 1995
DIVISION OF
.OASTALMANAGEMENT
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527-39 `N 33.H6
r`Tw CiNe„
---Cxlsrwc DOCK -
ATL4NYIC /4 TR4 COACl4L .HAiFv y,�4l,
PLAT FOR
SANDY R. T` M E R.
SMITF141LLE TWN. F•, R'J IJ S'•V ICK L�., I_I•C.
SCALE = '=1oo' r:;.TE 5 SEF'T MS
R.FF D.H. 647 Pa. sla Ft.# 234.000OG
9e I.0 L.an
!OV 3 0 1995
t`L �4AhAC'EMENT
_na. A
This map is not a certified survey
-nd no reliance_ may be placed
n its accuracy.
Pna 833
LLwG bEn CN. 4C LbOS
PM910-aA104b1

UNITED STATES POSTAL SERVICE
Official Business
PENALTY FOR PRIVATE
USE, $300
Print your name, address and ZIP Code here
LAND MRNAC-aEM"NT GROUP,
P.O. BOX 25r
WIIMINGTON, NC 28402

• Complete items 1 end/or 2 for additional services.
• Complete items 3, and 4a & b.
• Print your name and address on the reverse of this form so that we can
return this card to you.
• Attach this form to the front of the mailpiece, or on the back if space
does not permit.
• Write"Return Receipt Requested" on the mailpiece below the article numbs
• The Return Receipt Fee will provide you the signature of the person deliver,
3. Article Addressed to:
Ch4nl Colewtun
e.o. 60A zzz.
Lflhy b(aco f A/Z.
5. Signature (Addressee)
I also wish to receive the
following services (for an extra
fee):
1. ❑ Addressee's Address
2. ❑ Restricted Delivery
c6115a5
ervlce type
gistered
❑ Insured
rtified
ElCOD
press Mail
❑ Return Receipt for
and fee is paid)
*U.S. GPO: 1991-287-086 DOMESTIC RETURN RECEIPT

UNITED STATES POSTAL SERVICE
OFFICIAL BUSINESS
Print your name, address and ZIP Code
In the space below.
• Complete Items 7, 2. 3, and 4 on the
rev Me.
• Attach to front of article if space
permits, otherwise affix to beck of
article.
• Endorse article "Return Receipt
Requested" adjacent to number.
U.S.MAIL
astt�
s�0
PENALTY FOR PRIVATE
USE, $300
RETURN Print Sender's name, address, and ZIP Code in the space below.
TO » MANAGEMENT Group w,
WILMINGTON, NC 2f4r2-
ItlitlittlttltlllltItttllltlitllltltllllllllll,lltlttllllrittl

•SENDER: Complete items 1 and 2 when additional services are desired, and complete items
3 and 4.
Put your address in the "RETURN TO" Space on the reverse side. Failure to do this willprevent this card
from being returned to you. The return recei t fee will rovide ou the name of the erson delivered to and
the date of deliver .For ad Itlona ees t e o owing services are available. onsu t postmaster or Tees
an c ec ox es or additional servicelsl requested.
1. ❑ Show to whom delivered, date, and addressee's address. 2. ❑ Restricted Delivery
(Extra charge) (Extra charge)
3. Article Addressed to:
4. Article Number
yl1 qv►c �a�r ell
P 125 I
Type of Service:
❑ Registered ❑ Insured
Jopq (�,Onn1 V, (6 kcz 5 kov411
S,)LA* .t ag41oj
VCenified ❑ COD
)�L
❑ Express Mail ❑ Return Raceipt
for MerchanTiise
Always obtain signature of addressee
or agent and DATE DELIVERED.
5. nre — Addres
atu
R. Addressee's Address (ONLY if
X
requested and fee paid)
6. Si etura — Agent
X
7. Date of Delivery

STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK /
G
I, �� , NOTARY PUBLIC,
do hereby certify that DAVIS C. HERRING and wife, IRIS JANE B. HERRING
and DAVIS C. HERRING, JR. personally appeared before me this day and
acknowledged the due execution of the foregoing Contract for the
purposes therein set forth.
/ Witness my hand and notarial seal, this the day of
Apail 1981.
My commission expires:
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
PUBLIC do hereby certify that SAND R. TYNER personally appeared before
me this day and acknowledged the due execution of the foregoing Contract
for the purposes therein set forth.
Witness my hand and notarial seal, this the - day of
1981.
r'n •;
`'' :! my commission expires:
zrz

FOUR
Should the Lessee default in the sums due under this
contract for a period of ninety days, then in such event, this
contract shall become null and void and of no effect. Any sums
paid by Lessee to Lessors shall be construed as interest and not
refundable.
The property known as Elizabeth River Marina is described
as follows:
BEGINNING at an iron pipe located in.the eastern line
of old N. C. Highway 133 which said iron pipe is
2425.4 feet as measured along the eastern right-of-
way of old N. C. Highway 133 from where it intersects
the new N. C. Highway 133; runs thence North 12 degrees
44 minutes 15 seconds East 366.25 feet to an iron , ..
pipe; runs thence South 83 degrees (39•minutes 37 seconds
east 207:56 feet to a cedar post; runs thencenSouth i1"'
'degrees 21 minutes West 130 feet to an iron pipe; runs
thence South 59 degrees 42 minutes 45 seconds East
185.07 feet to a cedar post; runs thence South 81 degrees
01 minutes East 412.63 feet to a concrete monument; runs
thence South 16 degrees 29 minutes West 406.53 feet to an
iron pipe at the Intracoastal Waterway; runs thence North
77 degrees 40 minutes West 406.18 feet to an iron pipe;
runs thence North 66 degrees 45 minutes 30 seconds West
158.92 feet to an iron pipe, Cheryll Coleman's Southeast
corner; runs thence North 13 degrees 12 minutes 30 seconds
East 145.21 feet to an iron pipe; runs thence North 76
degrees 32 minutes 30 seconds West 210.09 feet to the
place and point of beginning, same containing 7.02 acres more
or less according to a survey by Alvie E. Lewis dated
15 August 1980.
IN TESTIMONY WHEREOF the said parties hereto have hereunto
set their hands and seals as of the day and year first above written.
L: �✓pya-L
C. HERRING
L'+o i':i
LOIS4JANE B.
(SEAL)
(SEAL)
(SEAL)
(SEAL)

STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
OFFICE OF COASTAL MANAGEMENT
WILMINGTON REGIONAL OFFICE
THIS CONTRACT, Made and entered into this the Z day of
1981, by and between DAVIS C. HERRING and wife,
LOIS JANE B. HERRING and DAVIS C. HERRING, JR., hereinafter referred to
as Lessors; and SANDY R. TYNER hereinafter referred to as Lessee;
W I T N E S S E T H
THAT WHEREAS the Lessors are the owners of a tract or parcel
of land containing 7.02 acres more or less and purchased same from
George Massengill, Jr. and wife, Geneva Massengill; and whereas Lessee
desires to lease said premises with an option to purchase same, all
according to the following terms and conditions:
ONE
The purchase price of said lands is�
payable at the rate of djjj� per
year, said amount including principal and interest at the rate of 10%
per annum, the first annual payment shall be due and payable on or before
September 15, 1982 and a like amount shall be due and payable on or before
the same date of each and every year thereafter until the entire principal
and interest have been paid in full, less the sum of@111MV paid this
date and the sum ofaminummaflue to George Massengill, Jr. and wife,
Geneva Massengill.
TWO
Lessors owe to George Massengill, Jr. and wife, Geneva Massengill
the sum of mosoloafto
qwhich sum the Lessee agrees to assume and pay at any term
and under any conditions the parties can agree to.
THREE
After 50% of the principal sum due the Lessors has been paid,
then in that event the Lessee may request a deed for the premises and one
will be delivered to him upon the payment of 50% of the balance plus a
deed of trust securing the balance due payable at no less than
per annum including interest at the rate of 10% per annum.

A
,TAN-10-96 WED 10:16 AM CENTRAL PERMIT
_--State of North Carolina
Department of Environment,
Health and Natural Resources
Wilmington Regional Office
Division of Coastal Management
James S. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
AIEM RAND
December 22, 1995
9102537035
P.01
TO: Becky King, LPO
County of Brunswick RAP 0
JAN 996
FROM: John R. Parker &wWAL
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGR & FrU Permit Application Review E
Applicant: Sandy Tyner/Sandy's Seafood
Project Location: off old NC Hwy 133 (Long Beach Rd) east of the mainland approach to the Oak
Island Bridge in Brunswick County
Proposed Project: To replace an existing bulkhead and pier, add new commercial docks and
excavate a boat basin to connect to the adjacent AIWW, to facilitate marina
operations.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by January 16, 1996. If you have any questions regarding the proposed project, please contact Ed
Brooks at 910/395-3900. When appropriate, in-depth comments with supporting data is requested.
REPLY: V This agency has no objection to the j roect as
P 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 1 ( DATE
127 Cardinal Drive Extension, Wilmington, N.C. 28405.3845 • Telephone [phone]o0 • Fax [phone]
An Equal Opportunity Affirmative Action Employer

State of North Carolina
Department of Environment,
Health and Natural Resources �5�wA
Division of Coastal Management ��liirr
James B. Hunt, Jr., Governor rr��
Jonathan B. Howes, Secretary H H N F=I
Roger N, Schecter, Director
February 20, 1996
Ms. Sandy Tyner
1320 George 11 Hwy., S. E.
Bolivia, NC 28422
Dear Ms. Tyner:
This letter is with reference to your application for a Coastal Area Management Act
Major Development and State Dredge and Fill permit to replace an existing bulkhead and pier
and excavate a boat basin on property located off NC Hwy. 133 (Long Beach Road), Brunswick
County. Although processing of the application is nearing completion, additional time is needed
for this office to complete the review and make a decision on your request. Therefore, it is
necessary that the standard review time be extended. An additional 75 days is provided by G. S.
113A-122(c) which would make April 27, 1996 the new deadline for reaching a decision on
your request. However, we expect to take action prior to that time and will do so as soon as
possible. In the interim, if you have any question on the status of your application, do not
hesitate to contact this office.
Very sincerely,
Jo . Parker" , Jr. 'V
Major Permits Processing Coordinator
JRP: jr/aw
cc: Ed Brooks
DCM--Wilmington
P.O. Box 27687. Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer W%recycled/ 10%post-consumer paper

Department or tnvironmenz,
ALT yT
Health and Natural Resources
•
Wilmington Regional Office
AM-
Division of Coastal Management
Division
AII+�
iC� � { R
H ■ " • `
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
December 22, 1995
Sandy Tyner
1320 George II Hwy. S. E.
Bolivia, NC 28422
Dear Mr. Tyner:
The Division of coastal Management hereby acknowledges receipt of your application for State
approval for development of your property located off old N.C. Hwy 133, east of the mainland
approach to the Oak Island AIWW bridge. It was received on November 30, 1995, and appears to be
adequate for processing at this time. The projected deadline for making a decision is February 13,
1996. 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.
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.
A field report has been prepared and is in the process of being circulated to the various state and
federal review agencies for their comments. If additional information is required based on this review,
the agencies may contact you directly.
Sincerely,
J
E. F. Brooks 4ftz)
Field Representative III
Enclosure
cc: John Parker
Bob Stroud
Becky King, LPO
David Franklin, COE
127 Cardinal Drive Extension, Wilmington, N.C. 28405.3845 a Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer A

#rD
SCALE 1"=2.4 MILES
NOV 3 0 1995 '
DiVISIOiJ c)F
COASTAL MANAGEMENT
+ BULKHEAD,DREDGING +
INTRACOASTAL WATERWAY
BRUNSWICK CO., NORTH CAROLINA
SANDY TYNER
iI 119195SHEETCOF 7

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PLANNED WATERFRONT PROJECT
\99 NO V 3 0 199
DIVISION OF
MARSH
jL\;F "ASTAL MANAG ENT
EXISTING RIP RAP luk
I/.
TO BE REMOVED
PARKING AREA WING WALL' r;�--- T T T�
SCALE 1"=50'
NEW BULKHEAD-`
EXISTING
BUILDING AREA
RETAINING WALL
FUEL
TANKS
WING WALL-__
ICE HOUSE- "
RAMP
EXISTING
RIP RAP AREA
MHW
WOODEN PIER
6' WIDE
k
+ + v +
t ♦ + t 4
PILINGS
+ + +
26'
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�FIL ATING DOCK
18-20' SLIPS
+ 44 + 4 +
+ + + + + 4
72'
100'-i Z
I� 0
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6' DESIGN
DEPTH
MLW
J
-TO MOORINGS J
J�
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BULKHEAD,DREDGING
INTRACOASTAL WATERWAY
BRUNSWICK CO., NORTH CAROLINA
SANDY TYNER JI
// 125155SHEET/ OF 7 J
AIWW
FLOW
EBB

P 125 817 526
Receipt for
Certified Mail
- No Insurance Coverage Provided
Do not use for International' Mail
.u><r (See Reverse)
Sent m
AA*r vcll
Street ane rr
a onner Ig.�uelk
h&JIA
P.D.. State and ZIP Coen
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Postage
$
Cerofiee Fee
w�
Special Delivery Fee
Restnctee DO,,,, Fee
Return Receipt
to Whom & D
Return R C
Data. an e's Aeere..o
TOTAL
& Fee
Post ma
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N 1W���

STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE,
CERTIFIED MAIL FEE, AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES Isee front).
1. If you want this receipt postmarked, stick the gummed stub to the right of the return address
leaving the receipt attached and present the article at a post office service window or hand it to
your rural carrier (no extra chargel.
2. It you do not want Ih3s receipt postmarked, stick the gummed stub to the right of the return
address of the article, date, detach and retain the receipt, and mail the article.
3. If you want a return receipt, write the certified mail number and your name and address on a
return receipt card, Form 3811, and attach it to the front of the article by means of the gummed
ends it space permits. Otherwise, affix to back of article. Endorse front of article RETURN RECEIPT
REQUESTED adjacent to the number.
d. If you want delivery restricted to the addressee, or to an -authorized agent of the addressee, M
endorse RESTRICTED DELIVERY on the front of the article._ - E
.. o
5. Enter tees for the services requested in the appropriate spates an�the front of this receipt. if a
return receipt is requested, check the applicable blocks in item 1 of Term 3811. a
6. Save this receipt and present it if you make inquiry. -:U.S GPO: 1991-302916

P 125 817 525
Receipt for
Certified Mail
No Insurance Coverage Provided
Do not use for International Mail
(See Reverse)
sent tc
sveetana No.
P of
P.O., State d ZIP de
layu
I�
Postage
r
Certified Fee
r
Special Delivery Fee
Restricted Delivery Fee
Return Receipt Showing
Q
to Whom & Date
L
Reurn Race Sho hom,
Date, and j9dress
TOTAL P
3 a
& Fees
Poston or to
nW1
n

STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE.
CERTIFIED MAIL FEE, AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES loan front).
1. If you want this receipt postmarked, stick the gummed stub to the right of the return address
leaving the receipt attached and present the article at a post office service window or hand it to
your rural carrier fee extra charge).
2. If you do not went this receipt postmarked, stick the gummed stub to the right of the return
address of the article, date, detach and retain the receipt, and mail the article.
3. If you want a return receipt, write the certified mail number and your name and address on a
E, "return receipt card, Form 3811, and attach it to the front of the article by means of the gummed
c ends if space permits. Otherwise; affix to back of article. Endorse front of article RETURN RECEIPT
REQUESTED adjacent to the number. '
N
W
2
4. Ifyou want salivary restricted to the addressee, or to an authorized agent of the addressee, M
endorse RESTRICTED DELIVERY an the front of the article. E
5. Enter fees for the services requested in the appropriate spaces on the front of this receipt. If u
return receipt is requested, check the applicable blocks in item 1 of Eorm 3811. Ta
6. Save this receipt and present it if you make inquiry. n U.S. GPO: 1991-302916