129-96 Gery, Michael & Cates, Susan

Permit Class
Permit Number
NEW
STATE OF -NORTH CAROLINA
Department of Envitonment,1Health & Natural Resources
and
Coastal Resources Commission
X Major Developmentin an Area of Environmental Concern
pursuant to NCGS 113A-118 .
X Excavation and/or filling pursuant to NCGS 113-229
authorizing development in Dare County at Stumpy Point Ray, B93wiew Drive (SR 1 10) in
Village of Stu=y Point, as requested in the permittee's application dated 6/27/96 including attachedwork lam n
drawings. 2 dated 6/24/96.
This permit, issued on 6 , is subject to compliance with the application (where consistent
with the permit), all applica le 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.
Shoreline Stabilization
1) The alignment of the proposed riprap must be staked by a representative of the Division of Coastal
Management within a maximum of 30 days prior to the start of construction. Failure to initiate
construction within 30 days, or erosion of the shoreline by adverse weather conditions, will
require the alignment to be restaked by DCM within a maximum of 30 days prior to the new
expected start of construction.
2) The riprap shall not extend waterward more than five (5) feet from the normal water level at any
point along its alignment at the time of construction.
3) The height of the proposed riprap shall not exceed the substrate elevation of the adjacent wetlands.
attached sheet for Additional
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 the permit expires on
December 31,1999
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.
oger N. Schecter, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Michael Gery and Susan Cates Permit#129-96
Page 2 of 2
ADDITIONAL CONDITIONS
4) No excavated or fill material will be placed in any location or in any manner so as to impair
surface water flow into or out of any wetland area.
5) No vegetated wetlands may be excavated or filled.
6) All riprap material must consist of clean rock or masonry materials such as, but not limited to,
granite or broken concrete.
7) The riprap material must be free from loose dirt or any pollutant. It must be of a size
sufficient to prevent its movement from the site by wave or current action.
8) The temporary placement or double handling of excavated or fill material within waters or
vegetated wetlands is not authorized.
General
9) The authorized structure and associated activity shall not cause an unacceptable interference with
navigation.
NOTE: Future development on the permittee's property may require a modification of this
permit. Contact a representative of the Division at [phone] prior to
commencement of any such activity for this determination.
NOTE: The N.C. Division of Environmental Management has authorized the proposed project
under General Water Quality Certification No. 3025.
NOTE: The U.S. Army Corps of Engineers authorized has assigned the proposed project COE
Action Id. No. 199604829.

.r
Permit Class
NEW
STATE OF -NORTH CAROLINA
Department of Environment, Health & Natural Resources
-and.
Coastal Resources Commission
r Mtt
for "
X Major Development in an Area.of Environmental Concern
pursuant to NCGS 113A-I18
X Excavation and/or filling pursuant to NCGS 113-229
Permit Number
authorizing development in Mare County at Stumpy Point Ray Raywiew Thrive (SR 1 100) in
Village of Stumpy Point, as requested in the permittee's application dated 6/27/96 including attached work lap n
drawines. 2 dated 6/24/96
This permit, issued on is subject to compliance with the application (where consistent
with the permit), all applica le 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.
Shoreline Stabilization
1) The alignment of the proposed riprap must be staked by a representative of the Division of Coastal
Management within a maximum of 30 days prior to the start of construction. Failure to initiate
construction within 30 days, or erosion of the shoreline by adverse weather conditions, will
require the alignment to be restaked by DCM within a maximum of 30 days prior to the new
expected start of construction.
2) The riprap shall not extend waterward more than five (5) feet from the normal water level at any
point along its alignment at the time of construction.
3) The height of the proposed riprap shall not exceed the substrate elevation of the adjacent wetlands.
attached sheet for Additional
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 the permit expires on
December 31,1999
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.
oger N. Schecter, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Petmittee

Michael Gery and Susan Cates Permit#129-96
Page 2 of 2
ADDITIONAL CONDITIONS
4) No excavated or fill material will be placed in any location or in any manner so as to impair
surface water flow into or out of any wetland area.
5) No vegetated wetlands may be excavated or filled.
6) All riprap material must consist of clean rock or masonry materials such as, but not limited to,
granite or broken concrete.
7) The riprap material must be free from loose dirt or any pollutant. It must be of a size
sufficient to prevent its movement from the site by wave or current action.
8) The temporary placement or double handling of excavated or fill material within waters or
vegetated wetlands is not authorized.
General
9) The authorized structure and associated activity shall not cause an unacceptable interference with
navigation.
NOTE: Future development on the permittee's property may require a modification of this
permit. Contact a representative of the Division at [phone] prior to
commencement of any such activity for this determination.
NOTE: The N.C. Division of Environmental Management has authorized the proposed project
under General Water Quality Certification No. 3025.
NOTE: The U.S. Army Corps of Engineers authorized has assigned the proposed project COE
Action Id. No. 199604829.

Form DCM-MP-1
APPLICATION
(To be completed by all applicants)
1. APPLICANT
a. • Landowner:
Name Vvl i(6 d (i • (' 6cn + SUS'ik H. C64C5
Address /I1 Tog VT 1 ( P0aJ
CityVlU I State IV6—
ZipDay Phone 'il�•7i3-130
Fax J'M - 9?8-'3 T70
Authorized Agent: �/j�
Name r " /14
Address
City State
Zip Day Phone
Fax
c. Project name (if any)
NOM Penrdt %Q be issued in name of (mdo r(s), and/or
project name.
2. LOCATION OF PROPOSED
PROJECT
a. County �?a ire
RECEIVEn
JUL 9 1996
b. City, town, co�m unity or 1 dmark
S7yw� - d i vt-i
c. Street address or secondary road number
�riVY-
d. Is'proposed work within city limits or planning
jurisdiction? Yes No
e. Name.of body of water n est project (e.g. river,
creek,.sound, bay)' '.Cr9ptl Roi
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT -
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
1a49 9'—br,4- wioff- roc V-"yi
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Ut S d Gyat r•Wu O-F rVWi -
b. Is the proposed activity maintenance of an existing
project, new work, or both? YV 0'i L y V
c. Will the project be for public, private or commercial
use? AYi V cy f it
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
Revised 03/95

in 9 i 96
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract
b. Size of individual lot(s)
c. Approximate elevation o tract above "viv or
NWL I feo-1-
d. Soil type(s) and {exture(s) of tract \
5 qV J.V (ba wt A kU
e.Vegetation on tract 1 a GvC,(W i fCgr f 1
1�Z=Cds, wfl(a41, �rJ �' r r�wt� tio�ly
f. Man-made features now on tract -�-G t•�
s snPtic 'crkK) I rock -61-dd
g. What is the CAMA Land Use Plan land
classification of the site? (r�wul+ the local laid we plan.)
Conservation
Developed
Rural
Transitional
C Community
Other
h. How is the tract zon by local go ernment?
Vtd`V 7_6>nt(A
is Is the proposed project consistent with the applicable
zoning? Yes No JV//-A
(Attach zoning co"ip:irnce cenficate, ti applfalde)
j. Has a professional archaeological assessment been
done for the tract? Yes _)4 No
If yes, by whom?
k: Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
Yes No
1. Are there wetlands on the site? _ Yes _ No
Coastal (marsh) > Other_
If yes, has a delineation been conducted? )VO
(Aaach docurnenration, if available)
Revised 03/95
in. Describe existing wastewater treatment facilities.
a K 6Ift
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.) 11QK P_
o. Describe existing drinking water supply source.
5. ADDITIONAL INFORMATION
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 title
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 7J.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

Form DCM-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 of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of the application and plats
by certified mail. Such landowners must be advised
that they have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
Name I416WO,11 Gzet-C
Address S-f� -SU)A S . C�ti�rM l�5
Phone 0 V+ 44612
Name WJ(tQMt lc�Sit S%JVCtrWWin
Address Z 0 S Gv 6 -0 -'1M - 6 ✓'ccin
Phone If/ M Icr tirk Ft- 3Z792-
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.
1 ` l
• A check for $250 made payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the
application.
ra A signed AEC hazard notice for projects in
oceanfront and inlet 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.
6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND
I understand that any permit issued in response to this
application will allow only the development described in
the application. The project will be subject to 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 -'2--? day of �. , 19
Print Name A f etv, G ( 6 r ry t" vs6c t4 An
Signature 7 �(
Landowner or Audwrized Agent
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.
RECENED
JUL 9 1996
Revised 03/95

Form DCM-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.
Access
channel
(MLW) or (NWL)
Canal
Boat
basin
Boat
ramp
Rock
groin...,
Rock
breakwater
Other
(Excluding
shoreline
stabilization)
Average Final
Existing Project
rnncth Width Depth Depth
9aM;
ix� i�•Ltrly
TUL 9 1996
1. EXCAVATION
a. Amount of material to be excavated from below
MHW or NWL in cubic yards
b. Type of material to be excavated
c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation
(SAVs) or other wetlands? _ Yes _ No
d. Highground excavation in cubic yards
2. DISPOSAL OF EXC AT
MATERIAL ��
a. Location of disposal area
b. Dimensions of disposal area
c. Do you claim title to disposal area?
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?
Revised 03195

Form DCM-MP-2
e. Does the disposal area include any coastal wetlands
(marsh), SAVs or other wetlands?
Yes No A (L(r1 pw✓ti
f. Does the disposal include any area in the water?
_V,- Yes No
3. SHORELINE STABILIZATION
a. Type of shoreline stabilization
Bulkhead X Riprap
b. Length ( 5-6 d-Ce'
c. Average distance waterward of or NWL
S'-F CP- —
d. Maximum distance waterward of*N!fW or NWL
'fC2i'
e. Shoreline erosion during preceding 12 months
(Source of information) . 6 bJs2YVQ'(-roN, A•Clrc a j1L!0 �d S
f. Type of bulkhead or riprap material
g. Amount of fill in cubic yards to be placed below
water level / CD(1) Riprap l9
(2) Bulkhead backfill
h. Type of till material .5 by
i. Source of fill material V h L �fVA "e
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization) V
a. Will fill material be brought to site?
Yes No
s.,..
If yes,
(1) Amount of material to be placed in the
water
(2) Dimensions of fill area
(3) Purpose of fill
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
5. GENERAL
a. How will excavated or fill material be kept on site
and erosion controlled?
p-,ly ( 6CV- "ill t tf S-
V%o +Mr h+rrr�l
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
�UGr)t��
c. Will wetlands be cr3ssed in transpgrtmg equipment
to project site? _ Yes �' :o
If yes, explain steps that will be taken to lessen
environmental impacts.
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c.✓rc,s.-t- �lekcjd N% Wc, r
K 1C4�-e ( �-• C-
Applicant or Project Names _ y/
Signature
A � 54
Date
Revised 03/95

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State of North Carolina
Department of Environment,
,Health and Natural Resources 4 •6
Division of Coastal Management
James B. Hunt, Jr., Governor r� -
Jonathan B. Howes, Secretary E)E H N FR
Roger N. Schecter, Director
September 12, 1996
Mr. Michael E. Gery
Ms. Susan H. Cates
1421 Pulpit Hill Road
Chapel Hill, NC 27516
Dear Mr. Gery & Ms. Cates
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 for
assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal
resources.
4Jo
incerelyR. Parker, Jr.
Major Permits Processing Coordinator
JRP.jr/amw
Enclosure
P.O. Box 27687, ��C FAX [phone]
An Equal Opportunity/Affirmative Action Employer
Raleigh, North Carolina 27611-7687 N�
Voice 919-733-2293 50% recycled/ 10% post -consumer paper

DEPARTMENT OF THE ARMY / tip
WILMINGTON DISTRICT, CORPS OF ENGINEERS /
P.O. BOX 1690 50
WILMINGTON, NORTH CAROLINA 28402-1890 ,
AEPLYTO
ATTENTION OF
August 23, 1996
Regulatory Branch
Action ID No. 199604829
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
Dear Mr. Parker:
Reference the application of Michael E. Gery for a Department of the
Army (DA) permit to place riprap material waterward of coastal wetlands, on
property located off State Road 1100 (Bayview Drive), adjacent Stumpy Point
Bay, in Stumpy Point, Dare 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 condition(s) be included in the State
authorization:
1. All work authorized by this permit must be performed in strict
compliance with the permit plans.
2. The riprap material will not be positioned farther waterward than 5
feet from the normal water level elevation contour at any point along its
alignment.
3. No vegetated wetlands will be excavated or filled.
4. The temporary placement or double handling of excavated or fill
materials within waters or vegetated wetlands is not authorized.
5. No excavated or fill material will be placed in any location or in
any manner so as to impair surface water flow into or out of any wetland area.
6. The authorized structure and associated activity will not cause an
unacceptable interference with navigation.
Questions or comments may be addressed to Mr. Raleigh Bland, Washington
Regulatory Field Office, telephone [phone], extension 23.
Sincerely,
�'^''A��(, �°" Q rAUG26
Raleigh Bland, P.W.S.
Regulatory Project Manage
1

Copies Furnished:
Mr. John Dorney
Water Quality Section
Division of Environmental anagement
North Carolina Department of Environment,
Health, and Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
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 26516
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. Richard Watts, District Manager
Elizabeth City Regional office
North Carolina Division of Coastal Management
1367 U.S. 17 South
Elizabeth City, North Carolina 27909

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
August 14, 1996
Lieutenant Colonel Terry R. Youngbluth
District Engineer, Wilmington District
U.S. Army Corps of Engineers
P.O. Box 1890
Wilmington, NC 28402-1890
Attention: Raleigh Bland
Dear Colonel Youngbluth:
The U.S. Fish and Wildlife Service (Service) has reviewed the field
investigation report for Michael Gery and Susan Gates' proposed
activities (Action ID No. 199604829). The applicants propose to
extend an existing riprap armor structure along 150 linear feet of
shoreline. The armoring is to be manually placed in a five feet
wide belt waterward of the normal water level. The riprap would be
no more than six inches above the height of the existing wetlands
(which are landward of the proposed riprap belt). The proposed
activities would occur in Stumpy Point Bay adjacent to the
applicant's property west of Bayview Drive in the Village of Stumpy
Point, in Dare County, North Carolina.
This is the report of the Service submitted pursuant to, and 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
Endangered Species Act of 1973 (87 Stat. 884, as amended; 16 U.S.C.
1531 et seq.).
The Service recommends the District Engineer seek modification of
this permit application such that all proposed activities occur
landward of the plane of Ordinary High Water (OHW) (i.e., landward
of the fringe wetlands, probably at the existing vertical scarp).
It is our opinion that the proposed activities would impose
avoidable adverse impacts on fish and wildlife resources.
The proposed armoring should be effective at retarding shoreline
erosion and will protect the vegetative structure of the wetlands;
however, we cannot assume that the functional values of the wetland
community would be unimpaired. The Service believes that the
armoring will impede or block passage by aquatic organisms, and
create a sediment trap between the riprap belt and the vertical
scarp. Blocking passage to and away from the shoreline and the
vegetated wetland effectively eliminates use of that habitat by

many organisms. Further, trapped sediments increase aggradation
rates, and can blanket and kill nonmotile organisms which have
successfully colonized the wetlands, or, can make the wetland
uninhabitable to organisms which are able to bypass the riprap
barrier. In either case, the riprap barrier can create conditions
which diminish some fish and wildlife resource values normally
attributed to fringe wetland habitats.
We appreciate this opportunity to comment on the proposed
activities. If you have any questions or comments, please call
Kevin Moody of my staff at [phone] extension #19.
Sincerely,
)��John M. He ner
Field Supe visor
cc: NCDCM, Elizabeth City, NC (Richard Watts)
NCDCM, Raleigh, NC (John Parker)
NCWRC, Raleigh, NC (Frank McBride)
EPA, Wetlands Regulatory Section, Atlanta, GA (Thomas Welborn)
NMFS, Beaufort, NC (Larry Hardy)
FWS/R4:KMoody:KM08/08/96:919/856-4520 ext.19:B:\stumpy

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAR0LINA 28402-1890
REPLY TO
ATTENTION OF July 18, 1996
Regulatory Branch
Action ID No. 199604829
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:
Please reference the application of Michael E. Gery and Susan H. Cates
for Department of the Army (DA) authorization and a State Water Quality
Certification to place riprap material waterward of coastal wetlands, on
property located off State Road 1100 (Bayview Drive), adjacent Stumpy Point
Bay, in Stumpy Point, Dare County, North Carolina. Your receipt of this
letter verifies your acceptance of a valid request for certification in
accordance withiSection 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.
According to our administrative regulations, 60 days is reasonable for
State action. Therefore, if you have not acted on the request, or asked for an
extension of time, by September 16, 1996, the District Engineer will deem that
waiver has occurred.
Questions or comments may be addressed to Mr. Raleigh Bland, Washington
Field Office, Regulatory Branch, telephone [phone].
Sincerely,,
Raleigh Bland, P.W.S.
Regulatory Project Manager
Enclosure
Copies Furnished (without enclosure): 1
/Mr. John Parker
/ Division of Coastal• Management _ 1� - ReL'EIVCD
VVV North Carolina DepartmentofEnvironment,.-
Health>and--Natural;Resources .. 0 WAS
_199G
Post Office Box 27687 WASFAL
Raleigh, North-:Carblina --27611=7687, '" - ._. _P?ANAGE&1ENT -

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
REPLYTO
ATTENTION OF July 18, 1996
Regulatory Branch
Action ID No. 199604829
Michael E. Gery and Susan H. Cates
1421 Pulpit Hill Road
Chapel Hill, North Carolina 27516
Dear Mr. Gery and Ms. Cates:
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 July 17, 1996, for Department of
the Army (DA) authorization to place riprap material waterward of coastal
wetlands, on property located off State Road 1100 (Bayview Drive), adjacent
Stumpy Point Bay, in Stumpy Point, Dare 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.
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. 199604829.
It will be coordinated by Mr. Raleigh Bland in our Washington Field Office.
Mr. Bland is available at telephone [phone].
Sincerely,
Raleigh Bland, P.W.S.
Regulatory Project Manager
Enclosure

-2-
Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
orth 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 27607
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
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. Richard Watts, District Manager
Elizabeth City Regional Office
North Carolina Division of Coastal Management
1367 U.S. 17 South
Elizabeth City, North Carolina 27909
�y k '-�
RECEN �d9s
JI C25 Rt
tRRNR�E�EHj

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
+EPLY TO
ATTENTION OF
Regulatory Branch
Applicant C LLtJ Ger� SUSa,n Cuta�
County Qw Type Work
Mr. Lary Hardy
National Marine Fisheries
Service, NOAA
Pivers Island
Beaufort, North Carolina 28516
Fish and Wildlife Enhancement
U. S.Fish and Wildlife Service
Post Office Box 33726
Raleigh, North Carolina 27636-3726
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
Gentlemen:
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
11� 1
Regional Office
Division of CoasJl Management
North Carolina Department of
Environment, Heallth and
Natural Resources
S 11.
Pursuant to Action ID No. i9800029i, the LAMA -Corps general permit/processing
agreement, a State Field Investigation Report is enclose Your omment or
recommendations would be appreciated on or before P�1
Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory
Field Office, telephone [phone], extension 23.;
Sincerely, CNNAkGEQ,,,
96
Raleigh Bl d
Regulatory Project Manager
Enclosure

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF
September 18, 1996
Regulatory Branch
Action ID No. 199604829 and State Permit No. 129-96
Michael E. Gery and Susan H. Cates
1421 Pulpit Hill Road
Chapel Hill, North Carolina 27516
Dear Mr. Gery and Ms. Cates:
Reference your application for a Department of the Army (DA) permit to
place riprap material waterward of coastal wetlands, on property located off
State Road 1100 (Bayview Drive), adjacent Stumpy Point Bay, in Stumpy Point,
Dare County, North Carolina.
Your proposal has been reviewed and found to be consistent with the
provisions and objectives of general permit No. 198000291. Therefore, you may
commence construction activity in strict accordance with applicable State
authorization and their authorized plans. Failure to comply with the State
authorization or conditions of the general permit could result in civil and/or
administrative penalties.
If any change in your work is required because of unforeseen or altered
conditions or for any other reason, plans revised to show the change must be
sent promptly to this office and the North Carolina Division of Coastal
Management prior to performing any such change or alteration. Such action is
necessary as revised plans must be reviewed and the authorization modified.
Questions or comments may be addressed to Mr. Raleigh Bland, Washington
Regulatory Field Office, telephone [phone], extension 23.
Sincerely,
Rale�U&4
land, P.W.S.
Regulatory Project Manager
Enclosure
Copies Furnished without enclosure:
Director, Atlantic Marine Center
National Ocean Service
ATTN: MOA 232X1
439 West York Street
Norfolk, Virginia 23510-1114

-2-
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
Atlanta Federal Center
100 Alabama Street, SW
Atlanta, Georgia 30303
Mr. John Parker
vision of Coastal Management
orth 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
k.
Mr. Richard Watts, District Manager
Elizabeth City Regional Office
North Carolina Division of Coastal Management
1367 U.S. 17 South
Elizabeth City, North Carolina 27909
R£CEIVEQ
SEP 23.1996
CUA5iAL
MANAGEMENT

DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL/PROCESSING RECORD
A) APPLICANT: Michael E. Gery and Susan Cates COUNTY: Dare
LOCATION OF PROJECT: Bayview Drive (SR 1100) Stumpy Point, adjacent Stumpy Point Bay
DATE APPLICATION RECEIVED COMPLETE BY FIELD: July 15, 1996
FIELD RECOMMENDATION: Attached - No To Be Forwarded - Yes
CONSISTENCY DETERMINATION: Attached - No To Be Forwarded - Yes
FIELD REPRESENTATIVE: Ed Harrell DIS
• Elizabeth City
_ 1
DISTRICT MANAGER REVI
-
lr /�
B) DATE APPLICATION RECEIVED IN GV'L 17 ,1996 FEE REC'D: $ Z
PUBLIC NOTICE REC'D:
MANAGEMENT END OF CE DATE:
ADJ. RIP. PROP NOTICES REC'D:
� C' EED REC'D:
9
APPLICATION ASSIGNED TO: "Ajk-
ON: "I-- 1')-9 6
C) 75 DAY DEADLINE: 9/17 e1901,
150 DAY DEADLINE:
MAIL OUT DATE: - 15 - / G0
STATE DUE DATE:
FEDERAL DUE DATE: 9 -1 �-- 9 G
FED. COMMENTS REC'D:
.
PERMIT FINAL ACTION: ISSUE V/
DENY DRAFT ON -3- V
AGENCY
DATE COMMENTS
RETURNED
OBJECTIONS
YES NO
NOTES
Coastal Management Dist. Office
�_0,-(-6
Div. of Community Assistance
n -
)J
Land Quality Section
- Z- 0
Uzi
Div. of Env. Management [4 4(
VGr[ i 3u2,,-
State Property Office
Div. of Archives & History
Div. of Env. Health
— I G
Div. of Highways
^
Wildlife Resources Commission
Div. of Water Resources
Div. of Marine Fisheries

I
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
MEMORANDUM:
TO: Doug Huggett
FROM: Ed Harrell
WA
�AaTja
[DEHNFR
SUBJECT: Recommendations for Michael Gery Major Permit Application
DATE: August 9, 1996
I recommend that the Michael Gery proposal for placing riprap along 150 linear feet
of shoreline adjacent Stumpy Point Bay be permitted with the following conditions:
/ [1] 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.
✓[2] The riprap material must be free from loose dirt or any other pollutant. It
must be of a size sufficient to prevent its movement from the site by wave or
current action.
The riprap material must consist of clean rock or masonry materials such as,
but not limited to, granite or broken concrete. Materials such as tires, car
bodies, scrap metal, paper products, tree limbs, wood debris, organic material
or similar material, are not considered riprap.
[4] The riprap will not extend waterward more than 5 feet from the normal water
level at any point along its alignment at the time of construction.
[5] No marsh grass will be excavated and/or filled.
[6] The temporary placement or double -handling of riprap materials within waters
or vegetated wetlands is not authorized. Riprap shall be stored upon
highground areas then hand carried across wetland areas.
1367 U.S. 17 South. Elizabeth City, North Carolina 27909 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50%recycled/ 10% post -consumer paper

.� Doug Huggett
August 9, 1996
Page Two
[7] The Division of Water Quality (DWQ) approved this project under stormwater
management rules of the Environmental Management Commission on
Any violation of or deviation from the plan approved by the DWQ will be
considered a violation of this CAMA permit.
[8] NO The proposed project is certified under General Water Quality
Certification.
E) No. 1664, issued on September 8, 1983, for riprap placement.
[9] NOTE: The permittee will maintain the authorized work in good condition
r�`�-and in conformance with the terms and conditions of this permit. The
S� u 15^"`",hpennittee is not relieved of this requirement avin the permit transferred to a third-party.if he abandons the project without
[10] N�OTE: The permittee and/or his contractor is urged to meet with Division of
Coastal Management prior to project initiation.
[11] NOTE: Future development on the permittee's property may require a
modification of this permit. Contact a representative of this Division at (919)
264-3901 prior to commencement of any such activity for this determination.

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
MEMORANDUM:
TO: John Parker
FROM: John A. Thayer Jr. AICP
1, •:'
4
IDEHNFR
SUBJECT: Major Permit Request by Michael Gery and Susan Cates to Place Rip -rap in
Shallow Water Habitat, Adjacent to Stumpy Point Back Near Bayview Drive in
Dare County.
DATE: July 29, 1996
The applicant proposes to construct a 5 foot by 150 foot long section of rip -rap waterward of
coastal wetlands, and a maximum distance of 5 feet waterward of the normal water level of
Stumpy Point Bay. The proposal involves the fill of about 750 square feet of shallow water
habitat in a configuration which will protect coastal and other wetlands landward. The
purpose of the rip -rap is to stabilize shoreline for property occupied with a home site. The rip-
rap's location qualifies for classification as fill in a shallow water habitat. The alternative to the
proposed location would be to place the rip -rap directly on coastal wetlands resulting in a
direct loss. The rip -rap will line up with rip -rap on the adjacent property to the north.
Consistency Comments: The Dare County 1994 Land Use Plan certified by the CRC on July
29, 1994 was reviewed to consider a determination. The following policies are applicable:
a. Coastal Wetlands: Policy 2.1.2(a), page 52.
"Dare County advocates the use of existing State and Federal regulatory profoct�,LIIN�c
"
adequate measures for protecting and preserving coastal wetland areas of enconcern."
3C 1996
b. Estuarine Waters: Policy 2.1.2(b), page 53.E101
"Estuarine Shoreline development should continue to be managed to protect and 7
the natural resources of the Estuarine waters. In addition, development.... shall be
11 W U.S. 17 South, Elizabeth City, North Carolina 27909 Telephone [phone] FAX [phone]
g An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper

% -,:: -,-
"
Z ,
-
.-. L
-23
Y4

Gery & Cates Request Rip-rap!Sballow Water Habitat, Dare Co.
July 29, 19%
dependent, related to...., or an accessory use to a structure located on the Estuarine
shoreline.
c. Estuarine Shoreline: Policy 2.1.2(d-1), page 55.
"Estuarine Shoreline development should continue to be managed to protect and preserve
the natural resources along the Estuarine Shoreline"
Based on the above policies, the project can be determined to be consistent the Dare County
Land Use Plan.
Page 2

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
July 22, 1996
MEMORANDUM
TO: Mr. Charles R. Fullwood, Jr., Director
Wildlife Resources Commission
Attn: Habitat Conservation Program
FROM: John Parker, Jr.
Major Permits Processing Coordinator
1�
[DEHNFR
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
APPLICANT: Michael E. Gery & Susan Cates
PROJECT LOCATION: Bayview Dr. (SRI 100) Stumpy Point Dare Co.
PROPOSED PROJECT: To construct a section of concrete riprap waterward of coastal wetlands.
Please indicate below your agency's position or viewpoint on the proposed and return this form by August
12,1996. 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.At
11 I2
O
REPLY This agency has no objection to the project as proposed. AVM 96
!g
This agency has no comment on the proposed project.ENi
a
This agency approves of the project, only if the recommende
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
Signed 6 &Q � "t Date
N(w12(.
P.O. Box 27687, tAft FAX [phone]
Raleigh, North Carolina 27611-7687 N�.� C An Equal Opportunity/Afflrmattve Action Employer
Voice 919-733-2293 50% recycled/10% post -consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources AT*mal
Division of Coastal Management
James B. Hunt, Jr., Governor p E H N FR
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
July 15, 1996
ice,-+- fall
TO: Mr. Bruce L. Freeman, Director
Division of Marine Fisheries
FROM: John R. Parker, Jr.
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Michael E. Gery and Susan Cates
Project Location: Bayview Drive (SR 1100) Stumpy Point, Dare County, adjacent Stumpy
Point Bay.
Proposed Project: To construct a 5' wide x 150, long section of stone/concrete riprap
waterward of coastal wetlands and a maximum distance of.5' waterward
of the normal water level of Stumpy Point Bay.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form by August 5, 1996. If you have any questions regarding the proposed
project, please contact Ed Harrell at [phone]. 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
/J/ attached comments.
s igne�`w� G—� Date % -) VJ OI
1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Telephone [phone] FAX [phone]
An Equal OpportuNty At}kmatNe Action Employer 50% recycled/ 10%post-consumer paper

State of North Carolina
Department of Environment,
Health, and Natural Resources
Division of Marine Fisheries
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Bruce L. Freeman, Director
23 July 1996
MEMORANDUM
TO: John R. Parker, Jr.
DCM Major Permits Processing Coordinator
FROM: P.A. Wojciechowsk
SUBJECT: CAMA/DREDGE & FILL Permit Application
Michael E. Gery and Susan Cates
XT�
C) F_=
Attached is the Division's reply for the above referenced project. If you have any
questions, please don't hesitate to contact me.
PAW/bc
P.O. Box 769, Morehead City, North Carolina 28557-0769 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

A
State of North Carolina
Department of Environment,
WA
Health and Natural Resources •
Division of Coastal Management
James B. Hunt, Jr., Governor p E H N IR Jonathan B. Howes, Secretary
Roger N. Schecter, Director
July 15, 1996
MEMORANDUM
TO: Mr. Robert E. Chandler, Director
Division of Community Assistance
FROM: John R. Parker, Jr.
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Michael E. Gery and Susan Cates
Project Location: Bayview Drive (SR 1100) Stumpy Point, Dare County, adjacent Stumpy
Point Bay.
Proposed Project: To construct a 5' wide x 150, long section of stone/concrete riprap
waterward of coastal wetlands and a maximum distance of 5' waterward
of the normal water level of Stumpy Point Bay.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form by August 5, 1996. If you have any questions regarding the proposed
project, please contact Ed Harrell at [phone]. When appropriate, in-depth
comments with supporting data is requested.
REPLY This agency has no objection to the project as proposed.
his agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the
tta d mments.
Signed Date Z �G
ill i1n
4 _��
RECEIVED
AUGf2l'iss6
C:: wiAL
MANAGEMENT
1367 U.S. 17 South, Elizabeth City. North CaroNna 27909 Telephone [phone] FAX
An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer

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
MEMORANDUM
TO:
14"0)uF
SUBJECT:
APPLICANT:
PROJECT LOCATION:
PROPOSED PROJECT:
1, •:'
EDEHNFR
July 22, 1996
Mr. Larry R. Goode, Phd., P.E.
Highway Administrator
Division of Highways
John Parker, Jr.
Major Permits Processing Coordinator
CAMA/DREDGE & FILL Permit Application Review
Michael E. Gery & Susan Cates
Bayview Dr. (SR1100) Stumpy Point, Dare Co.
To construct a section of concrete riprap waterward of coastal wetlands.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 12, 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.
AZ 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 age >cy ob is o e project for reasons described in the attached comments.
Signed Date / Z 7 7,,�
rAt�%5
P.O. Box 27687, �'4 � C FAX [phone]
Raleigh, North Carolina 27611-7687 Nr� An Equal FAX
Actlon Employer
Voice 919-733-2293 50% recycled/10% postconsumer paper

State of North Carolina
Department of Environment, FWA
Health and Natural Resources &Tja
Division of Coastal Management
James B. Hunt, Jr., Governor p E� FR
Jonathan B. Howes, Secretary
Roger N. Schecter, Director a,� �� 11,
O
July 15, 1996
MEMORANDUM
TO: Mr. Charles Gardner, Director.
Division of Land Resources
FROM: John R. Parker, Jr.
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Michael E. Gery and Susan Cates
Project Location: Bayview Drive (SR 1100) Stumpy Point, Dare County, adjacent Stumpy
Point Bay.
Proposed Project: To construct a 5' x wide x 150' long section of stone/concrete
riprap waterward of coastal wetlands and a maximum distance of 5'
waterward of;the normal water level of Stumpy Point Bay.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form by August 5, 1996. If you have any questions regarding the proposed
project, please contact Ed Harrell at [phone]. When appropriate, in-depth
comments with supporting data,is requested.
REPLY This agency has no objection to the project as proposed.
J-' 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
a ached c gn
C /
Signed ` Date 7 2- —�(p
1367 U.S. 17 South. Eltrabeth Clty. North Carolina 27909 Telephone [phone] FAX [phone]
An Equal Opportunity Afflrmaflve Action Employer 50% recycled/ 10% post -consumer paper

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
FEW 1 i TI
1
FROM:
SUBJECT:
APPLICANT:
July 22, 1996
Mr. John Sutherland, Chief
Water Planning Section
Division of Water Resources
John Parker, Jr.
Major Permits Processing Coordinator
[DE H NFR
CAMA/DREDGE & FILL Permit Application Review
Michael E. Gery & Susan Cates
PROJECT LOCATION: Bayview Dr., (SR1100) Stumpy Point, Dare Co.
PROPOSED PROJECT: To construct a section of concrete riprap waterward of coastal wetlands.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 12, 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.
i �C 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 "? 81 "
REC NEO
AUG 7 1996
COASTAL
MANAGEMENT
P.O. Box 27687, %`yam FAX [phone]
Raleigh, North Carolina 27611-7687 N �� C An Equal Opportunity/Affirmative Action Employer
Voice 919-733-2293 17'J tf117'R�'afPJ� 50% recycled/10% post -consumer paper

State of Nort C rolina
Department f E vironment, a� _, • •
Health and N t al Resources
Division of Coast anagement
Hl
James B. Hunt, Jr., Governor DIV. OF �1.�, a JtiPBEtiJh1 p F H N R
Jonathan B. Howes, Secretary C
Roger N. Schecter, Director
July 22, 1996
MEMORANDUM
TO: Ms. Linda Sewall, Director
Division of Environmental Health
FROM: John Parker, Jr.
Major Permits Processing Coordinator
� e:EIV E Di
JUL 24 1996
iXV, OF EhbgRTa 4Wt4TAi ;;EAtTH
SUBJECT: - CAMA/DREDGE & FILL Permit Application Review
APPLICANT: Michael E. Gery & Susan Cates r
PROJECT LOCATION: Bayview Dr., (SR1100) Stumpy Point, Dare Co.
PROPOSED PROJECT: To construct a section of stone/concrete riprap waterward of coastal
wetlands.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
August 12,1996. If you have any questions regarding the proposed project, pleZn
at 733-2293. When appropriate, in-depth comments with supporting data are reo dygbp CatREPLY This agency has no objection to the project as proposed.This agency has no comment on the proposed project.L 9This agency approves of the project, only if the recoes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
Signed lit CCUCC�f'f��% Dateg
��y� FAX [phone]
P.O. Box 27687, C An Equal Opportunity/Affirmative Action Employer
Raleigh, North Carolina 27611-7687� 50°6 recycled/10°G post -consumer paper
Voice 919 733 2293

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
MEMORANDUM
TO:
FROM:
SUBJECT.
July 26, 1996
P. A. "Ski" Wojciechowski
Division of Marine Fisheries
John Parker
Major Permits Processing Coordinator
��-IIIIIIIIIIIIIIIIIII�
[:3EHNFR
CAMA/Dredge and Fill Permit Application Review
APPLICANT: Michael E. Gery & Susan Cates
PROJECT LOCATION: Bayview Dr. (SRI 100), Stumpy Point, Dare Co.
Pq1996
WHO. TRJS_ U6A_
REC,EIIVEO
JUL 31 i596
IIAL
A4ANA'E;ENT
PROPOSED PROJECT: To construct a section of concrete riprap waterward of coastal
wetlands.
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 6, 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.
SignedT /^ Date �<
P.O. Box 27687, FAX [phone]
Raleigh, North Carolina 27611-7687 Nsm�y-� CAn Equal Opportunity/AfflrmatNe Action Employer
Voice 919-733-2293 N!V. 50% recycled/10% post -consumer paper

.a
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
SUBJECT:
APPLICANT:
PROJECT LOCATION:
PROPOSED PROJECT:
EDEHNFR
July 22, 1996
Mr. Joe Henderson, Acting Director
State Property Office
Department of Administration
John Parker, Jr.
Major Permits Processing Coordinator
CAMA/DREDGE & FILL Permit Application Review
Michael E. Gery & Susan Cates
Bayview Dr., (SRI100) Stumpy Point, Dare Co.
JUL 1996
r
spceived
r
State
?s
^-.uarninf}ice
£,
To construct a section of concrete riprap waterward of coastal wetlands.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 12, 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.
I/ This agency has no comment on the proposed project.
This agency approves of the project, only if the recommended changes are incorporated. See
attached.
objects to the project for reasons described in the attached comments.
P.O. Box 27687, y� FAX [phone]
Raleigh, North Carolina 27611-7687 Mom CAn Equal FAX
Action Employer
Voice 919-733-2293 a 50% recycled/10% post -consumer paper

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
July 22, 1996
MEMORANDUM
TO: Ms. Renee Gledhill -Early
Environmental Review Coordinator
Division of Archives and History
FROM:
SUBJECT:'
APPLICANT:
PROJECT LOCATION:
PROPOSED PROJECT:
John Parker, Jr.
Major Permits Processing Coordinator
A
•: '
s ��
EDEHNFR
CAMA/DREDGE & FILL Permit Application Review
Michael E. Gery & Susan Cates -
Bayview Dr (SRI 100) Stumpy Point, Dare Co.
To construct a section of concrete riprap waterward of coastal wetlands.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 12, 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 ~~p r " 6
400
P.O. Box 27687, �C FAX [phone]
An Equal Opportunity/Afflrmative Action Employer
Raleigh, North Carolina 27611-7687 Ni
Voice 919-733-2293 50% recycled/ 10% post -consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
JameSB. Hunt,Jr., Governor
Jonathan a lbwes Secretary
A. Preston l-bward, Jr., P.E., Director
APPROVAL of 401 Water Quality Certification
Mr. Michael Gary and Ms. Susan Crates
1421 Pulpit Hill Road
Chapel Hill, NC 27516
Dear Mr. Gary and Ms. Cates:
LT.W;WA
IT
.A 0 __ r
�EHNFi
August 20, 1996
Dare County
DWQ Project # 960698
COE# 199604829
You have our approval to place fill material in 750 square feet of waters for the purpose of
constructing a stone/concrete riprap at SR 1100, Stumpy Point, as you described in your application dated
18 July 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 Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone John Domey at 919-733-1786,
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DWQ Regional Office
Mr. John Domey
Central Files
John Parker-, DCM
Sincerely,
i,
Po'nHowar7
d Jr. P.E.
ftECE�IVEO
SE{r � �.1996
4tircalE"1T
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/100. post consumer paper

in
State of North Carolina g g 06 98
Department of Environment,
Health and Natural Resources • ��r
Division of Coastal Management RECEIVED 1
James B. Hunt, Jr., Governor JUL 1 41996 p E H N FR
Jonathan B. Howes, Secretary
Roger N. Schecter, Director ENV"VENTAL SCIENCES
July 15, 1996 yyASHRiErE OFt=10E
JUL 1 8 1996.
MEMORANDUM
TO: Mr. A. Preston Howard, Director
Division of Environmental Management
FROM: John R. Parker, Jr.
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review.
Applicant: Michael E. Gery and Susan Cates
Project Location: Bayview Drive (SR 1100) Stumpy Point, Dare County, adjacent Stumpy
Point Bay.
Proposed Project: To construct a 5' wide x 150' long section of stone/concrete riprap
waterward of coastal wetlands and a maximum distance of 5' waterward
of the normal water level of Stumpy Point Bay.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form by August 5, 1996. If you have any questions regarding the proposed
project, please contact Ed Harrell at [phone]. 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
attached comments.
Signed
to the project for reasons described in the
Date A 13(%
1367 U.S. 17 South. Elizabeth City. North Carolina 27909 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50%recycled/ 10% post -consumer paper

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Michael E. Gery and Susan Cates
2. LOCATION OF PROJECT SITE: Bayview Drive (SR 1100) Stumpy Point, Dare County, adjacent
Stumpy Point Bay
Photo Index - 1995: 177-1827 S-15 1989: 57-3, M-14/15 1984: 149-409, L-14
State Plane Coordinates - X: 2969200 Y: 722250
3. INVESTIGATION TYPE: CAMA/D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 04/11/96 07/10/96
Was Applicant Present - Yes No
5. PROCESSING PROCEDURE: Application Received - 07/15/96
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Dare County
Land Classification From LUP - Conservation, Community
(B) AEC(s) Involved: CW, ES, EW, PT
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - Ori-site septic
Planned -.None
(F) Type of Structures: Existing - Single Family Dwelling
Planned - 5' x 150' concrete riprap
(G) Estimated Annual Rate of Erosion: 4 ft.
Source - Applicant
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
(B) Non -Vegetated Wetlands
Shallow water habitat
750 sq. ft.
(C) Other
(D) Total Area Disturbed: 750 sq. ft. (0.02 acre)
(E) Primary Nursery Area: No
(F) Water Classification: SA Open: No
8. PROJECT SUMMARY: The applicants propose to construct a 5' wide x 150' long section of
stone/concrete riprap waterward of coastal wetlands and a maximum distance of 5' waterward of the
normal water level of Stumpy Point Bay.

Michael Gery/Susan Cates
Bio Report
Page Two
Site Description
Michael Gery and Susan Cates have recently purchased a 10,000 square -foot lot on the
west side of Bayview Drive (SR 1100) in the village of Stumpy Point in Dare County. The
lot, which is located 500 feet from the southern end of Bayview Drive, is 75' deep and runs
150' along the shoreline of Stumpy Point Bay. The waters of Stumpy Point Bay in the
vicinity of this site. are classified SA by the NC Division of Environmental Management and
are closed to shellfishing.
Near the center of the level lot, which is approximately 3' above mean sea level, is an
old, uninhabited, wood -frame house. The mowed yard surrounding the house consists of
vegetation such as Kentucky fescue, wiregrass, dandelion, and wild onion. Also within the
yard are a few small trees such as eastern red cedar (Juniperus virginiana), wild black cherry
(Prunus serotina) and American holly (Ilex opaca). Located 10' from the northwest comer
of the house is a partially exposed septic tank with an elevated drainfield covered by
ornamentals and an overgrowth of volunteer grasses and weeds.
A vertical erosion scarp .5'-1' in height extends along the entire 150 linear feet of
shoreline. An increase in the height of the scarp is noticeable as one walks from north to
south along the shore. Within the northern half of the lot there is an eroded phragmites root
mat 1'-12' wide located between the erosion scarp and the normal water level. Along this
section where the scarp is lower there is a 3'-5' wide strip of unmowed vegetation consisting
of a mixture of common reed, groundel bush (Baccharis halimifolia) and salt meadow grass
(Spartina patens) growing at the landward edge of the scarp.
Along the southernmost 75' of shoreline just landward of a 1' high scarp there is a 10'
wide fringe of salt meadow grass irregularly flooded by the waters of Stumpy Point Bay.
The NWL lies at or near the base of the scarp along this section of shoreline.
Abutting this project on the north is a lot of similar size and elevation owned by the
applicants. A single family dwelling located on this lot was recently raised and remodeled
and is used by the applicants as a vacation home. The shoreline of this lot has been
stabilized with a 4'-10' wide section of concrete/brick riprap extending approximately 4'
waterward of the normal water level. This shoreline is straight and its stability made evident
by clumps of salt meadow grass and common reed growing among the chunks of riprap
along most of the 160' of shoreline.
To the south of this project is an undeveloped area of non -coastal wetlands densely
vegetated with common reed.

Michael E. Gery & Susan Cates
Bio Report
Page Three
Proposed Development
The applicants propose to manually place a 5' wide section of riprap waterward of
existing coastal wetlands and non -coastal wetlands the entire length of the shoreline. The
riprap would extend a maximum distance of 5' waterward of the normal water level and no
more than six inches above the height of existing wetlands. Riprap would be deposited on
highground, then hand carried through any wetland areas.
Anticipated Impacts
Approximately 750 square feet of shallow water habitat will be filled as a result of the
project. The riprap should stabilize the shoreline in much the same manner as has occurred
on the 160' wide lot to the north. The 5' section of riprap will not significantly alter wetland
hydrology.
No archeological/historical significance has been associated with this site. No unique
remanent species or geological formations are know to exist within the project area.
Submitted by: M. Edward Harrell
Date: July 15, 1996

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RFCEIVED
DEC 2 0 1995

'State of North Carolina
Department of Environment,
Health and Natural Resources •
Division of Coastal Management
James B. Hunt, Jr., Governor p E H N FR
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
July 15, 1996
Mid Gery
Sates
1421 Pulpit Hill Road
Chapel, NC 27516
Dear Mr. Gery and Ms. Cates:
The Division of Coastal Management hereby aohomilliiiiiii1ges receipt of your application
for State approval for development of your property located 311 Bayview Drive, Stumpy
Point, Dare County, adjacent Stumpy Point Bay. It was received on July 15, 1996, and
appears to be adequate for processing at this time. The projected deadline for making a
decision is 91pomilloodW1996. 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.
An onsite inspection will be made, and if additional information is required, you will
be contacted by the appropriate State or Federal agency. Please contact me if you have any
1367 U.S. 17 South. Elizabeth City. North Carolina 27909 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

July 15, 1996
Page #2
questions and notify me in writing if you wish to receive a copy of my field report and/or
comments from reviewing agencies.
Sincerely,
M. Edward Harrell tPK
Field Representative I
MEH/kh
Enclosure
cc: John Parker
Richard L. Watts

CAMA PERMIT
APPLIED FOR
PROJECT: To construct a 5' wide x 150' long section of stone/concrete riprap
waterward of coastal wetlands and a amximum distance of 5' waterward
of the normal water level of Stumpy Point Bay.
COMMENTS ACCEPTED THROUGH
APPLICANT:
Michael E. Gery & Susan Cates
1421 Pulpit Hill Road
Chapel Hill, NC 27516
August 11, 1996
FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
NC Division of Coastal Management
1367 US 17 South
Elizabeth City, NC 27909

1421 PULPIT HILLROAD
CHAPEL HILL, NORTH CAROLINA 27516
Oct. 24, 1995
William and Essie W. Silverman
2705 Will-o-the-Green
Winter Park, FL 32792
Dear William and Essie Silverman,
REURIP0 = ....,
DEC 2 r' •^o5
We own the lot south of yours in Stumpy Point, N.C. We bought it in 1989 from John and
Barbara Kennedy.
Recently we purchased the lot south of us that had been owned by Gene Brewster.
Because of recent storms, the shoreline along the Brewster lot has eroded, and we would like to
stabilize that shoreline exactly as the Kennedys did by extending the low -profile riprap south from
our lot. We are complying with the Coastal Area Management Act and applying for a permit to
do this work. CAMA requires that we notify you of our application as enclosed. The application
states that you have 30 days in which to submit comments to our proposal to the following: N.C.
Division of Coastal Management, Elizabeth City District, 1367 U.S. 17 South, Elizabeth City, NC
27909.
Sincerely,
Michael E.C. Gery

1421 PULPIT H&L ROAD
CHAPEL HILL, NoRni CARONNA 27516
Oct. 24, 1995
Kenneth Czerr
58 South St.
Chagrain Falls, OH 44022
Dear Kenneth Czerr,
DEC
We recently purchased the lot north of yours in Stumpy Point, N.C. It had previously been owned
by Gene Brewster.
Because of recent storms, the shoreline along the lot has eroded, and we would like to stabilize
that shoreline. We propose to do so by extending to the south the low -profile riprap that had been
placed along our lot (adjacent north of the former Brewster lot) by its previous owners John and
Barbara Kennedy.
We are complying with the Coastal Area Management Act and applying for a permit to do this
work. CAMA requires that we notify you of our application as enclosed. The application states
that you have 30 days in which to submit comments to our proposal to the following: N.C.
Division of Coastal Management, Elizabeth City District, 1367 U.S. 17 South, Elizabeth City, NC
27909.
Sincerely,
Michael E.C. Gery

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EXHIBIT "A"
,x9'171-c0p
To that deed dated August 9, 1994, from Charlene McCullough, Grantor to
Michael E. C. Gery and wife, Susan H. Cates, Grantee
All that certain tract or parcel of land lying and being in the Village of
Stumpy Point, Croatan Township, Dare County, North Carolina, adjoining lands
now or formerly belonging to Kenneth Czerr (formerly Talmadge W. Best), D. L.
Meekins, Stumpy Point Bay and others as follows:
BEGINNING at a point marked by a concrete monument situated and lying in the
West margin or right of way of North Carolina State Road (NCSR) 1100 running
through the Village of Stumpy Point, said road having a right of way of 60
feet in width at this point, said point marking the Northeast corner of the
lands now or formerly belonging to Kenneth Czerr (formerly Talmadge W. Best);
running thence from said beginning point along the North line of Kenneth
Czerr. North 87 deg. 17 min. 00 sec. West 53.0 feet to the shoreline of
Stumpy Point Bay, said course passing through an iron pipe, said pipe being
located 10.0 feet from the terminus of this call; thence along the shoreline
of Stumpy Point Bay North 2 deg. 43 min. 00 sec. East 2.0 feet to a point;
thence continuing along the shoreline North 87 deg. 17 min. 00 sec. West 50.0
feet to a point; thence cornering and following the shoreline in a general
Northerly direction to a point marking the Southwest corner of the other
property of Michael E. C. Gery and Susan H. Cates as described in Deed Book
638, Page 5 of the Dare County Registry, said point lying on a traverse line
running North 14 deg. 06 min. 36 sec. East 147.09 feet from the terminus of
the next preceding call; thence cornering and running along the South line of
the said Gery and Cates property South 87 deg. 17 min. 00 sec. East 11.0 feet
to an existing concrete monument; thence continuing along the South line of
the Gery and Cates property South 87 deg. 17 min. 00 sec. East 71.65 feet- to
an existing concrete monument lying on the Western margin of the right of way
of NCSR 1100; thence continuing South 87 deg. 17 min. 00 sec. East across
State Road number 1100 767.55 feet more or less to the West bank of a 12 foot
ditch,said course passing through two existing iron pipes; thence crossing
said 12 foot ditch and continuing South 87 deg.. 17 min. 00 sec. East 1,086.25
feet to an exiting iron pipe lying on the West boundary of the U. S. Fish and
Wildlife property; thence cornering. and running; along said U. S. Fish and
Wildlife West line South 03 deg. 17 min. 00 sec. - East 147.0 feet to an
existing iron pipe; thence cornering and running along the D. L. Meekins
North line North 87 deg. 17 min. 00 sac. West 1817.88 feet to an iron pipe
lying on the East margin of the right of way of State Road 1100; thence
across State Road 1100 North 87 deg. 17 min. 00 sec. West 60 feet more or
less to an existing concrete monument lying on the west margin of State Road
1100 and being the point or place of beginning.
Together with there is also conveyed hereby all improvements including the
furnishings, fixtures and contents therein of the two story frame dwelling
located on the bayside parcel of the property conveyed herein.
There is excepted herefrom and this deed is expressly made subject to the
right of way of NCSR 1100 having a width of 60 feet at this point.
Being the same property deeded to the grantors herein by deed of L. Harold
Wise and wife Irene Pearl Wise by Deed dated October 11, 1979 and recorded in
Book 287, Page 282 of the Dare County Registry.
For a more particular description of said property reference is hereby made
to the map or plat entitled "Survey for Michael E. C. Gery and Susan H. Cates
Stumpy Point, Croatan Township, Dare County, North Carolina", said plat made
from a survey by Wesley M. Meekins, Jr., Registered Land Surveyor, and being
dated March 23, 1994.
August 8, 1994

1K9t}:?�,cP,Og6
i
'he property hereinabove described was acquired by Grantor by instrument recorded in .....Deed Book 2a
............87.......t......................
iage ... 28.2,...Dar..e... County ..Regis.try... as ... ws.].l... as...Rs.t.atia..T.31.e... 9.-.G-4.5.,... Dare ... Coun.ky...Clerk... of ... Superio.r...
Deed Court
map showing the above described property is recorded in)Alxt Book....28.7 ......................... page.... ...........,,,
'0 HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances ,thereto belonging to
he Grantee in fee simple.
,nd the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey
he same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and
efend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated.
'itle to the property hereinabove described is subject to the following exceptions:
Subject to 1994 ad valorem taxes;
Subject to utility easements, rights of way, restrictions and any governmental regulations
:hat may affect said property.
IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this Instrument to be signed in Its
trperate name by its duly authorized officers and its seal to be hereunto affixed by authority of Its Board of Directors, the day and year first
Love written.
_____________________________________________________________ ,.i __�4:�Y!/_�i"!____111._ __lam-L4L•�'�•�________(SEAL)
(Corporate Name) ; CHARLENE MCCULLOUGH
O
y:___________________________________________________________ �%.
r
___________________________President
ti
TTEST: U
A
------------------------------------------------------------- W
_____________________________________________________________(SEAL)
_____(SEAL)
rA
---------- ^__'----------- Secretary (Corporate Seal) In
s.
•::�: r' .: ,.', OHIO FJ_____________________________________________________________(SEAL)
i /
si AlSsxApJP-:;: , XQXKydKk}fiY.XrXdC ----- ---tn-e--------------------county. .
Charlene McCullouP�h.........
1, a Notary Public of the County and State aforesaid, certify that
unmarried
____________________________________________________________________________________________________ Grantor,
u
JX N
� Personally appeared before me this Jay and acknowledged the execution of Clio foregoing instrument. witness my
hand ] and offidai stamp ar :eat t r __ day of ------- ?_larg11 __________________________ 19_ 94 ,
VAL�t
My commission expl)tw9ry Publl e_ slato of Otto
L=�r—_��----------- Notary Public
wt +--
SEAL-STAMP NORTH CAROLINA- ----------------------------- _---- County.
1, a Notary Public of the County and State aforesaid, certify that ________________________
x Personally came before the this day and acknowledged that ____ he Is Secretary of
M
x----------------------------------------------- __------ a North Carolina corporation, and that by authority duly
u
9 given and as the act of the corporation, the foregoing instrument was signed In Its name b 1t^
ro
s P s g g y• ---------------
President, scaled with Its corporate seal and attested by ___________ as Its ___________________________ Secretary.
5
Witness my hand and official stamp or seal, this _______day of -----------
My commission expires: ____
__________1 19________.
Notary Public
to foregoing Certificate(s) of ... iLi,�[.y,)�._1`f!.Lim.0A..___.t__LS..LI_oxvt4L_Js.A.](T_'S.FAQ___fig(________________________
----------------------------- Iii_.1+—-------------------------------------------------------------
------------------------- ___________________________________________________________________________________________________________________
/arc certified to be correct. This Instrument and this certificate are duly registered at the date and time and In the Book and Page shown on the
nt page hereof. ,(� ram'
--------------�- _U.�J_1_' _____REGISTER OF DEEDS FOR__�_O_`_______________ COUNTY
t--------------->J>1-Y-1 --- 1_L�.-l_�._ _ L��_ Asslstant-Register of Deeds
r n„ ... r....,,, n,,. t � ,e,a n.._:..., 0 i.,++ . ..... _ . . . .. _

y
Rea! F:ili:ile
Excise Tax
_I_"_
LT #
• T;!il
LT $150.00 -jililly
Excise,Tax
REAL, ESTATE
TRANSFPR TA
$30.00
7 I'c 0 0 & ��rrIUFD O
r
JE(' 1995,
rTff'l %� 1
71
�
1
1 Y r r
_ SDI
DARE Cuu;;7I, IJ.Cl
Ifs.
Recording Time, Book and Page
TaxLot No. ., ...................... ....................... ......................................... Parcel Identifier No. ...... .-............................................................. ....
Verifiedby........................................................................ County on the ................ day of ........... ...................... :....................... 19............
by..............................................................................................................................................................................................................................
5972-001/lad
Mail after recording to ...... JAl1n... A.....M.dl#A2y.r...Mau.ReY...J;<.l1ci-Ung.....................................................................................................
...... ... ..... ...................................... 224... ....... Croatan..Hyy ........ 119a..Nags..Head.,...NC 27959...................................................................
................
This instrument was prepared by ......Charles„n. .Evans.....Attorney. atLaw
Brief description for the Index
metes and bounds in Stumpy Point
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED made this ..9.th....... day of - ..... .August ...................... ..._........... 19.. 94...... by and between
GRANTOR
CHARLENE McCULLOUGH, unmarried
under and by virtue of the. Last Will'And
Testament of Gene L. Brewster filed in
Estate File No. 92—E-45 of the office of
the Clerk of Superior Court, Dare County,
North Carolina, said Gene L. Brewster
having died a resident of Dare County,
North Carolina on the 26th day of
February, 1992
GRANTEE
MICHAEL E. C. GERY and wife,
SUSAN H. CATES
1421 Pulpit Hill Road
Chapel Hill, NC 27516
Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, e.q. corporation or partnership.
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.
IVITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby
acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that
certain lot or parcel of land situated in the XMIWcmg.Village :of .Stumpy —Point... ..... .._Groatan............ ...... .. Township,
Dare ................ .. .. County, North Carolina and more particularMy described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE
N. C. so, Acme. Fwa, No. 3 E. 1976. Revised G 1977—,Cmc%W41iam, a co.. Inc., en. 127. Wdum,a;a. N. C. 21055

SPF—� t3-199n 16. 49 FROM UG9—UI11F E. C I TY
TO 1 71=0 733 1495 P.01/02
Oct. 24, 1995
William and Essie W. Silverman
2705 Will-o-the-Green
Winter Park, FL 32792
1421 Puva Hlu ROAD
CHAnt Hlu, NmTH CAROUNA 27516
Dear William and Essie Silverman,
Post -It' Fax Note 7671
Dateg — z
paaas➢' Z.-
Tof6UG (�
Fromg•
co.Oept.'DGM — RfFv
co. V L• (K _ a G
Phony b q
Phone 4 G /4 'J 90�
Fax s
Fax p
:..'ri,•.^v•�•,•iC ::c-24 r u:i. -t•:
DEC 2
We own the lot south of yours in Stumpy Point, N.C. We bought it in 1989 from John and
Barbara Kennedy.
Recently we purchased the lot south of us that had been owned by Gene Brewster.
Because of recent storms, the shoreline along the Brewster lot has eroded, and we would Iike to
stabilize that shoreline exactly as the Kennedys did by extending the low -profile riprap south from
our lot. We are complying Aith the Coastal .Area Management Act and applying for a permit to
do this work. CA.MA requires that we notify you of our application as enclosed. The application
states that you have 30 days in which to submit comments to our proposal to the following: N.C.
Division of Coastal Management, Elizabeth City District, 1367 U.S. 17 South, Elizabeth City, NC
27909.
Sincerely, r
Michael E.C. Gery
O
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SEP-03-1996 10:51 FROM DCM—D11F E. CITY TO 1 700 733 1495 P.01/01
1421 PuLPir WL Rona
CHAPEL HILL, Nom CAROLINA 27516
Oct. 24, 1995
Kenneth Czerr
58 South St.
Chagrain Falls, OH 44022
Dear Kenneth Czerr,
DEC ; '
We recently purchased the lot north of yours in Stumpy Point, N.C. It had previously been owned
by Gene Brewster.
Because of recent storms, the shoreline along the lot has eroded, and we would like to stabilize
that shoreline. We propose to do so by extending to the south the low -profile riprap that had been
placed along our lot (adjacent north of the former Brewster lot) by its previous owners John and
Barbara Kennedy.
We are complying with the Coastal Area Management Act and applying for a permit to do this
work. CAMA requires that we notify you of our application as enclosed. The application states
that you have 30 days in which to submit comments to our proposal to the following; N.C.
Division of Coastal Management, Elizabeth City District, 1367 U.S. 17 South, Elizabeth City, NC
27909.
Sincerely,
Michael E.C. Get),
ti
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TOTAL P.01

�K9`f7r�cO0
EXHIBIT "A"
n r7� n
I I
�)f
ll
--------------------
To that deed dated August 9, 1994, from Charlene McCullough, Grantor to
Michael E. C. Gery and wife, Susan H. Cates, Grantee
All that certain tract or parcel of land lying and being in the Village of
Stumpy Point, Croatan Township, Dare County, North Carolina, adjoining lands
now or formerly belonging to Kenneth Czerr (formerly Talmadge W. Best), D. L.
Meekins, Stumpy Point Bay and others as follows:
BEGINNING at a point marked by a concrete monument situated and lying in the
West margin or right of way of North Carolina State Road (NCSR) 1100 running
through the Village of Stumpy Point, said road having a right of way of 60
feet in width at this point, said point marking the Northeast corner of the
lands now or formerly belonging to Kenneth Czerr (formerly Talmadge W. Best);
running thence from said beginning point along the North line of Kenneth
Czerr. North 87 deg. 17 min. 00 sec. West 53.0 feet to the shoreline of
Stumpy Point Bay, said course passing through an iron pipe, said pipe being
located 10.0 feet from the terminus of this call; thence along the shoreline
of Stumpy Point Bay North 2 deg. 43 min. 00 sec. East 2.0 feet to a point;
thence continuing along the shoreline North 87 deg. 17 min. 00 sec. West 50.0
feet to a point; thence cornering and following the shoreline in a general
Northerly direction to a point marking the Southwest corner of the other
property of Michael E. C. Gery and Susan H. Cates as described in Deed Book
638, Page 5 of the Dare County Registry, said point lying on a traverse line
running North 14 deg. 06 min. 36 sec. East 147.09 feet from the terminus of
the next preceding call; thence cornering and running along the South line of
the said Gery and Cates property South 87 deg. 17 min. 00 sec. East 11.0 feet
to an existing concrete monument; thence continuing along the South line of
the Gery and Cates property south 87 deg. 17 min. 00 sec. East 71.65 feet to
an existing concrete monument lying on the Western margin of the right of way
of NCSR 1100; thence continuing South 87 deg. 17 min. 00 sec. East across
State. Road number 1100 767.55 feet more or less to the West bank of a 12 foot
ditch,said course passing through two existing iron pipes; thence crossing
said 12 foot ditch and continuing South 87 deg. 17 min. 00 sec. East 1,086.25
feet to an exiting iron pipe lying on the West boundary of the U. S. Fish and
Wildlife property; thence corneringand running along said U. S. Fish and
wildlife west line South 03 deg. 17 min. 00 sec. East 147.O feet to an
existing iron pipe; thence cornering and running along the D. L. Meekins
North line North 87 deg. 17 min. 00 sec. West 1817.88 feet to an iron pipe
lying' on the East margin of the right of way of State Road 1100; thence
across State Road 1100 North 87 deg. 17 min. 00 sec. West 60 feet more or
less to an existing concrete monument lying on the west margin of State Road
1100 and being the point or place of beginning.
Together with there is also conveyed hereby all improvements including the
furnishings, fixtures and contents therein of the two story frame dwelling
located on the bayside parcel of the property conveyed herein.
There is excepted herefrom and this deed is expressly made subject to the
right of way of NCSR 1100 having a width of 60 feet at this point.
Being the same property deeded to the grantors herein by deed of L. Harold
Wise and wife Irene Pearl Wise by Deed dated October 11, 1979 and recorded in
Book 287, Page 282 of the Dare County Registry.
For a more particular description of said property reference is hereby made
to the map or plat entitled "Survey for Michael'E. C. Gery and Susan H. Cates
Stumpy Point, Croat -an Township, Dare County, North Carolina", said plat made
from a survey by Wesley M. Meekins, Jr., Registered Land Surveyor, and being
dated March 23, 1994.
August 8, 1994

�J
l
((�1 n; ,rL
119 7rcoo L55I95 !ll
Z]"U L.
--------------- ------------
The property hereinabove described was acquired by Grantor by instrument recorded in .....Deed Book at
............287.............................
Page ... 282,...Dar.e... County..Regi.s.t;xy..as... wall ... as...Est.aL;a...i;.?,ke...4.2-.F,7A5.r...A.axe... Qounky...Clezk... Of...Superi or...
Deed Court
A map showing the above described property is recorded inlNxt Book ....2U......................... page.... 285..............
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances, thereto belonging to
the Grantee in fee simple.
And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey
the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and
defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated.
.Title to the property hereinabove described is subject to the following exceptions:
;,Subject to 1994 ad valorem taxes;
Subject to utility easements, rights of way, restrictions and any governmental regulations
that may affect said property.
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 authority of its Board of Directors, the day and year first
abnve w.irGn_
_____________________________________ yl
(Corporate Name) ;
O
____________________________President
W
ATTEST:---------------------------------------------------------------
U
a
w
__C4_✓_'Y!_kK!____ l2z-C'l.G�t+��''-=Y-lv ________(SEAL)
CHARLENE McCULLOUGH /
___________----------- Secretary (Corporate Seal) W
�.! _
i7 ______________________________________________
OHIO
_________(SEAL)
SEAL'-Sd.'$11jP •. _ - '_
I'ffiXXi{Y&AVYls __Q_Yne.___________________CountY.
Charlene McCullou
I, a Notary Public of the County and State aforesaid, certify that _________________________________,________
h
unmarried
____________________________________________________________________________________________________
Grantor.
0
Personally appeared before me this day and acknowledged the execution of the foregoing
Instrument. Witness my
'•. y „' . ,. ' . '
P
hand and official stamp orVAlwr J o" __ day of ______ March __________________ _
__, 19_ 94.
PLbll t_ S/Ofe- 0�,t-_l`%�r .
(Of
My commission exPlilc�fitaN _
Ft Onesr�p8---- ---------
Notary Public
SEAL -STAMP
NORTH CAROLINA, ------------ __-------------------- County.
I, a Notary Public of the County and State aforesaid, certify that
e personally came before me this day and acknowledged that __-_ he is ___________________________ Secretary of
..
X------------------------------------------------------- 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
The foregoing Certificate(s) of
--------------------------- _---------------------------------------- __________________________________________________________________________
is/are certified to be correct. This Instrument and this certificate are duly registered at the date and time and In the Book and Page shown on the
first page hereof. ,(-� r��
----------- -----�---Lll1-�Nt1__C�.�--"- ___ _______________REGISTER OF DEEDS FOR___J__P________________ COUNTY
DY______,_
_f•A_L 4- � __�'JAssistant-Re6lster of Deeds
�C
v r n........ F_... m„ 1,, n+.,

3
•�= u i,,r � ltc'aI FSlatii
hf(r- Excise
LT
* REAL ESTATE
i ?, TRANSFER TA
LT $150.00
Fiso •,�
7r'r0p8�'�``IPD r
,
0 1995, In
_..,r
19.ri5j
J'i rtUG 9 �T�i 12 ---------
71 n �.
l�Cc'1�?l:
DARE (106:iT r, N.Cj I;� i1t 9 i 1g
Excise,Tax $30. CC I Recording Time, Book and Page
TaxLot No........................................................................................... Parcel Identifier No...........................................................................
Verifiedby........................................................................ County on the ................ day of ................................. :...................... 1 19............
by..............................................................................................................................................................................................................................
5972-001/lad
Mail after recording to ......John..A.....MaVneY.....Mauney..azld... ling .....................................................................................................
2224„ 5.,, Croatan..HF?l.r.�...119x.. Nags., Head.....NC...27.959
.......................................................................
This instrument was prepared by ......Charles„ D.,,,Eyans,,,,.Attorney. at., Law
Brief description for the Index
metes and bounds in StumpyPoint
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED made this ..9th....... day of ........August ._ ................................. 19.. 9A..... by and between
GRANTOR
CHARLENE McCULLOUGH, unmarried
under and by virtue of the Last Will And
Testament of Gene L. Brewster filed in
Estate File No. 92-E-45 of the office of
the Clerk of Superior Court, Dare County,
North Carolina, said Gene L. Brewster
having died a resident of Dare County,
North Carolina on the 26th day of
February, 1992
GRANTEE
MICHAEL E. C. GERY and wife,
SUSAN H. CATES
1421 Pulpit Hill Road
Chapel Hill, NC 27516
Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, e.q. corporation or partnership.
The designation Grantor and Grantee as used herein shall include said patties, their heirs, successors, and assigns, and
shall include singular, plural, masculine, feminine or neuter as requited by context.
WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby
acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that
certain lot or parcel of land situated in thegMikxx$..Village .of...Stumpy-Toint... ......... Cro.atan... ................ Township,
..pare ................ I ... ......... I....... County, North Carolina and more particularly described as follows:
SEE EXHIBIT "A" ATTACHED.HERETO AND INCORPORATED HEREIN BY REFERENCE
N.C. oar Assur. Rmn No. 3 Z 1976. Revised©1977—J-m-'WHWe l a en., Mc, en. 127. YmIi-ik, N. a 27055