143-96 Bethel, Bob

Permit Class
Permit Number
NEW
STATE OF,NORTH;CAROLINA
Department of Environment; Health'' & Natural Resources
... =and...
Coastai kesotirces ICorrimi''ssion
X fors"
Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118. ='It
= a
X Excavation and/or filling pursuant to NCGS 113-229
143-96
Issued to Bob Bethel 305 Bradley creek Road Wilmington, NC 28403
authorizing development in New Hanover County at Greenville Sound north of the mouth of Bradley
Creek -,as requested in the permittee's application dated/1/96 including attached workplan
drawings sheet 1 dated 6/1/96 sheet 2 dated 6/2/96 and sheet 3 dated 6/3/96.
This permit, issued on 1b//wy6' , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void.
Basin Excavation
1) In order to prevent shoaling at the mouth of the channel, and to ensure adequate tidal circulation
within the basin, the channel excavation shall be extended so that it connects with the edge of the
Atlantic Intercoastal Waterway channel.
2) In order to protect juvenile shrimp and finfish populations, no excavation or filling will be
permitted between April 1 and September 30 of any year without the prior approval of the
Division of Coastal Management in consultation with the Division of Marine Fisheries.
3) Excavation will not exceed 5 feet below the mean low water level, with the exception of that which
may be necessary to extend the connecting channel to the AIWW, as prescribed in Condition 1
above.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the pemrittee or
other qualified persons within twenty (20) days of the
issuing date. An appeal requires resolution prior to work
initiation or continuance, as the case may be.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not
covered hereunder requires further Departmental approval.
All work 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, . Schecter, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Bob Bethel Permit #143-96
Page 2 of 3
ADDITIONAL CONDITIONS
4) No marsh grass will excavated and/or filled.
5) All excavated materials will be confined above mean high water and landward of regularly or
irregularly flooded marsh behind adequate dikes or other retaining structures to prevent
spillover of solids into any marsh or surrounding waters.
6) The temporary placement or double handling of fill materials within waters or vegetated
wetlands is not authorized.
NOTE: An Erosion and Sedimentation Control Plan will be required for the spoil disposal area.
This plan must be filed at least thirty (30) days prior to the beginning of any land
disturbing activity. Submit this plan to the Department of Environment, Health and
Natural Resources, Land Quality Section, 127 Cardinal Drive Extension, Wilmington,
NC 28405.
Pier and Docking Facility
7) No sewage, whether treated or untreated, shall be discharged at any time from any boats using
the docking facility. Any sewage discharge at the docking facility shall be considered a
violation of this permit for which the permittee is responsible. This prohibition shall be
applied and enforced throughout the entire existence of the permitted structure.
8) The pier and associated structures shall have a minimum setback distance of 15 feet between
any parts of the structure and the adjacent property owner's riparian access corridor, which is
determined by extending the adjacent property lines into the water to a point where the marsh
ends, then drawing a line perpendicular to the channel line that intersects with this extended
property line/marsh intersection point.
9) The portions of the pier which cross coastal wetlands shall have a minimum clearance of four
feet above the marsh substrate, and shall have a maximum width of six feet.
10) This permit authorizes only the docks, piers, and other structures and uses located in or over
the water that are expressly and specifically set forth in the permit application. No other
structure, whether floating or stationary, may become a permanent part of this docking facility
without permit modification. No non -water dependent uses of structures may be conducted on,
in or over public trust waters without permit modification.

Bob Bethel
ADDITIONAL CONDPI'IONS
General
Permit #143-96
Page 3 of 3
11) The permittee's scheme of development, of which the authorized work is part, contemplates
the presence of structures and their attendant utilities on lands subject to an easement in favor
of the United States for the operation, maintenance, improvement, and enlargement of the
Atlantic Intracoastal Waterway (AIWW). Accordingly, the permittee will be required to
remove such structures and improvements at his own expense in the event that, in the
judgement of the U.S. Army Corps of Engineers acting on behalf of the United States, the
lands are needed at any time for any purpose within the scope of the easement. Permanent
buildings will not be constructed within the easement.
12) This permit does not authorize the interference with any existing or proposed Federal Project,
and the permittee shall not be entitled to compensation for damage or injury to the authorized
structure or work which may be caused from existing or future operations undertaken by the
United States in the public interest.
13) No attempt will be made by the permittee to prevent the free and full use by the public of all
navigable waters at or adjacent to the authorized work. Use of the permitted activity must not
interfere with the public's right to free navigation on all navigable waters of the United States.
14) The permittee will maintain the authorized work in good condition and in conformance with
the terms and conditions of this permit. The permittee is not relieved of this requirement if he
abandons the permitted activity without having it transferred to a third parry.
15) The permitted activity will be conducted in such a manner as to prevent a significant increase
in turbidity outside of the area of construction or construction -related discharge. Increases
such that the turbidity in the waterbody is 25 NTU's or less in all saltwater classes are not
considered significant.
NOTE: The N.C. Division of Water Quality has assigned the proposed project DWQ Project
No. 960811.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id.
No. 199606017.

Form DCM-MP-1
APPLICATIZN12 996
(To be completed by all applicants) DIVISivN OF
,;OASTAL MANAGEMENT
1. APPLICANT
a. Landowner:
b. City, town, community or landmark
wlLryr i r.i(o-(,r,0rJ
c. Street a#4ress or secondary road number
IS t� _ �
Name �Ob �crti��(_ d. Is proposed work w�fhin city limits or planning
jurisdiction? ✓ Yes No
Address 305 f'2ElDLI=Y LPL l=K �Cf e. Name of body of water nearest project (e.g. river,
City \_0i i_nn ( wiQ Nj State NJ creek, sound, bay) AfC vvw
BPAP�-zy- G'aLC♦;
Zip 28yO?� Day Phone 25E!, -3975
Fax
b. Authorized Agent:
City WlL.." 9:6,0 State " (f-
Zip Zg yo Day Phone 76 3 - 88 DO
Fax
c. Project name (if any) &-tar_ f
NOTE: Per"di will be i.riued in name of landowner(r), and/or
Project same.
2. LOCATION OF PROPOSED
PROJECT
a. County 101'w 144/j oy c a>
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.
CR2=7X CPA""4e 1 4
.t, N A I t I Q;D w
hw.kl' fBrXl3� fc,eaAP«9nn/ - 1�i15fAl/ 2.o
1 Roa-t liF1' wr'tfl A Ftoa-tl,: Dtx9
q'>(31' i V)415'
b. Is the proposed activity maintenance of an existing
project, new work, or both? 0cw Wo214L
c. Will the project be for public, private or commercial
use? JVl VAt,
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If more space is needed, please attach
additional pages.
DAc1,.Y P11=12 N�ctrvi F/
NC / r `r rpi
Revised 03/95

Form DCM-MP-I 1 O&E
AUG 9 �. .
it lshng wastewater treatment facilities.
4. LAND AND WATER COASDIVISJUNCHARACTERISTICSnF Covr iY S�wt2
CHARACTERISTICS 7A1 MANAr ErvAEN T
a. Size of entire tract
b. Size of individual lot(s) S3, 3q Z 54 Ft-
c. Approximate elevation of tract above MHW or
NWL h t-t
d. Soil type(s) and texture(s) of tract
�.4 N,71i LONNr�
e. Vegetation on tract 6RA55F5
f. Man-made features now on tract PONC-_
g. What is the CAMA Land Use Plan land
classification of the site? (Consult the local rand we plan.)
Conservation
Developed
Rural
Transitional
Community
Other
How is the tract zoned by local government?
Is the proposed project consistent with the applicable
zoning? ✓Yes No
(Attach zoning comwiance certificate, if applicable)
Has a professional archaeological asses ment been
done for the tract? Yes 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
Are there wetlands on a site? t�Yes —No
Coastal (marsh) Other
If yes, has a delineation been conducted? Yc_ 5
(Attach documentation, if available)
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.)
S✓e�d� ,L]un: n�C
o. Describe existing drinking water supply source.
(��p Z,�NrY YVA7,9 P�
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
Revised 03/95

il
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 w>;� A ��rtuet
Address -7 -6rr,)' � r
Phone 7L ;a _ -) I � t
Name GNt+4f- 1C"lhhr.r
Address ',Y-.; lrlj"
Phone 6(.45-
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.
• A check for $250 made payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the
application.
• A signed AEC hazard notice for projects in
oceanfront and 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 1 day of ._L1N , 19�.
Print Name
Signature i
Landowner or Authorized 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 bosom of each form.
Revised 03195

Form DCM-M1'-2
Reese /
EXCAVATION
AND FILL
(Except bridges and culverts)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-I. 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
Exerting Project
Lenath Width Depth Depth
An LW
�9
MLA^/
,36
—
T10121V3B
AUG 12 1996
DIVISiuN OF
COASTAL MA14AGEMENT
1. EXCAVATION
a. Amount of material to be excavated from below Tat
MHW or NWL in cubic yards _ _ � /11y,
b. Type of material to be excavated Sq-ND
c. Does the area to be excavated include coastal
wetlands (marsh), submerged aAuatic veglon
(SAVs) or other wetlands? . Yes ✓ No
d. Highground excavation in cubic yards Od%L
2. DISPOSAL OF EXCAVATED
MATERIAL
a. Location of disposal area 5FC At�')"b4 -�
b. Dimensions of disposal area 300 1 x /Do
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 03/95

Form DCM-MP-2
e. Does the disposal area include any coastal wetlands
(marsh), SAVs or other wetlands?
. Yes , No
f. Does the disposal -include any area in the water?
Yes No
3. SHORELINE STABILIZATION
a. Type of shoreline stabilization
Bulkhead Riprap
b. Length
c. Average distance waterward of MHW or NWL
d. Maximum distance waterward of MHW or NWL
e. Shoreline erosion during preceding 12 months
(Source of info —lion)
f. Type of bulkhead or riprap material
g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap
(2) Bulkhead backfill
h. Type of fill material
i. Source of fill material
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
a. Will fill material be brought to site?
Yes No
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?
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
c. Will wetlands be cr3ssed in transporting equipment
to project site? _ Yes No
If yes, explain steps that will be taken to lessen
environmental impacts.
Applicant or Project Name
Signature
Date
Revised 03/95

Form DCM-MP-2
e. Does the disposal area include any coastal wetlands If yes,
(marsh), SAVs or o er wetlands? (1) Amount of material to be placed in the
Yes No I water
I ,,. D (2) Dimensions of fill areaf. Does the disposal inc 1de any area in the water?
Yes No _S�J . AUG 2 1996 (3) Purpose of fill
DIVISwA pF
J F GEMEY11 Will fill material be placed in coastal wetlands
3. SHORELINE STABILIZATION (marsh), SAVs or othe etlands?
Yes No
If yes,
a. Type ofshoreline stabilization 41) Dimensions of fill area
Bulkhead Riprap T��7 TT��77 -' �'77711
b. Length
n]:
c. Average distance waterward of MHW I- JUL 5 1996 —
..;,rice -�^. ,r
C0ASTAL %,).4;dAGEM=
5. GENERAL
d. Maximum distance waterward of MHW-or**Ij
e. Shoreline er io
(source ofinfor
f. Type of bulkhead
g. Amount of fill 'in cubi
water level
(1) Riprap
(2) Bulkhead backfill
h. Type of fill material
i. Source of fill material
preceding 12 months
Is to be placed below
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
a. Will fill material be br ght to site?
_ Yes No
a. How will excavated or fill material be kept on site
and erosion controlled? _
What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
c. Will wetlands be crossed in transpo5ing equipment
to project site? _ Yes o
If yes, explain steps that will Be taken to lessen
environmental impacts.
7/h`Z-
Applicant of ProjecuName
1 .y
siguature
=I.
Reriud 03195

Form DCM-MP-4
STRUCTURES
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-1. Be sure to complete all
other sections of the Joint Application which relate to
this proposed project.
a. Dock(s) and/or Pier(s)
(1) _ Commercial _Community Private
(2) Number
(3) Length -I'0'0'
(4) Width 61
(5) Finger Piers �/Yes _ No
(i) Number 2
(ii) Length ) 02- 3c-
(iii) Width (4) CR M 3'
(6) Platform(s) _ Yes _ No
(i) Number
(ii) Length /6, l CPIs` j�y6
(iii) Width (/) a /6' 41) CA 6 `
(7) Number of slips proposed .411
(8) Proximity of structure to adjacent riparian
property lines 35 `
(9) Width of water body .91ww 600 `
(10) Water depth at waterward end of pier at
MLW or NWL o. o t —
b. Boathouse (including covered lifts)
(1) Commercial Private
(2) Length ^ '
(3) Width _
c. Groin (e.g. wood, sheetpile, etc.)
(1) Number
(2) Length(s)
d. Breakwater (e.g. wood, sheetpile, etc.)
(1) Length
(2) Average distance from MHW, NWL or
wetlands
(3) Maximum distance beyond MHW, NWL or
wetlands
AUG 12 1 D 996
1)Iv1SIUN OF
COASTAL MANAGEMENT
e. Mooring buoys /
(1) _ Commercial Community l� ivate
(2) Number
(3) Description of buoy >h� �9�
(Color, inscription, size, anchor,
10' T1L V'm
(4) Width of water body
(5) Distance buoy(s) to be placed beyond
shoreline
f. Mooring structure (boatlift, mooring pilings etc.)
(1) _ Commercial _Community ✓Private
(2) Number /
(3) Length ?o '
(4) Width /3 `
g. Other (Give wWlele desc'iplion)
�/VNe4 /_ en. Al-jel I 11P7 eL/
Applicant or Ject Name
s to --
--
Date
Revised 03/95

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State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
October 21, 1996
Mr. Bob Bethel
305 Bradley Creek Road
Wilmington, NC 28403
Dear Sir:
[DEHNFR
The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable,
the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is
retained by you and it must be available on site when the project is inspected for compliance. Please sign both the
original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding
means you have waived your right of appeal described below.
If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1
or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of
Administrative Hearings, P.O. Drawer 11666, Raleigh, NC 27611, [phone] within twenty (20) days of this
decision on your permit. You should also be aware that if another qualified party submits a valid objection to the
issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal
Resources Commission makes the final decision on any appeal.
The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be
carried' out in accordance with your application. Modifications, time extensions, and future maintenance require
additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved.
If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all
permit requirements.
From time to time, Department personnel will visit the project site. To facilitate this review, we request that
you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning
permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for
assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal
resources.
Very sincerely,
John R. Parker, Jr.
Major Permits Processing Coordinator
JRP:jr/amw
Enclosure
P.O. Box 27687, I� 19-733-1495
��� An E FAX 9Affirmative
Raleigh, North Carolina 27611-7687 1 Equal Opportunity/Affirmative Action Employer
Voice 919-733-2293 50% recycled/l 00/ post -consumer paper

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
REPLY To
ATTENTION OF
October 30, 1996
Regulatory Branch
Action ID No. 199606017 and State Permit No. 143-96
Mr. Bob Bethel
212 Bradley Creek Road
Wilmington, North Carolina 28403
Dear Mr. Bethel:
Reference your application for a Department of the Army permit to dredge
4,500 square feet (0.103 acre) of shallow bottom around a pier and gazebo with
a floating dock system to be constructed in Greenville Sound, at 305 Bradley
Creek Point Road in Wilmington, New Hanover 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 the enclosed plan. Failure to comply with the State
authorization or conditions of the general permit could result in civil and/or
administrative penalties.
If 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. Jeff Richter, Wilmington
Field Office, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
1 Enclosure
Plans Dated June 1996

Copies Furnished (with enclosure):
Chief, Source Data Unit
NOAA/National Ocean Service
Attn: Sharon Tear N/CS261
1315 East-West Hwy., RM 7316
Silver Spring, Maryland 20910-3282
Mr. John Dorney
Division of Water Quality
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 303035
Mr. John Parker
division of Coastal Management
/North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. John Hefner
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Mr. Bob Stroud, District Manager
Wilmington Regional Office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845

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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF
October 22, 1996
Regulatory Branch
Action ID No. 199606017
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 Bob Bethel for a Department of the Army
permit to dredge 4,500 square feet (0.103 acre) of shallow bottom around a
pier and gazebo with a floating dock system to be constructed in Greenville
Sound, at 305 Bradley Creek Point Road in Wilmington, New Hanover 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. All excavated materials will be confined landward of the mean high
water (MHW) elevation contour and any regularly or irregularly flooded
vegetated wetlands within adequate dikes or other retaining structures to
prevent spillover of solids into any vegetated wetlands or surrounding waters.
3. No excavated or fill materials will be placed at any time in any
vegetated wetlands or waters. This includes the temporary placement of
material in wetlands or waters.
4. No vegetated wetlands will be excavated.
5. Excavation will not exceed 5 feet below the elevation of mean low
water (MLW).
6. The permittee's scheme of development, of which the authorized work
is a part, contemplates the presence of structures and their attendant
utilities on lands subject to an easement in favor of the United States for
the operation, maintenance, improvement, and enlargement of the Atlantic
Intracoastal Waterway (AIWW). Accordingly, the permittee will be required to
remove such structures and improvements at his own expense in the event that,
in the judgment of the U.S. Army Corps of Engineers acting on behalf of the -
United States, the lands are needed at any time for an u 1®
y purpose within the 9
scope of the easement. Permanent buildings will not be constructed with,k] he dl
easement.
a

7. This permit does not authorize the interference with any existing or
proposed Federal project, and the permittee will not be entitled to -
compensation for damage or injury to the authorized structure or work which
may be caused from existing or future operations undertaken by the United
States in the public interest.
S. No attempt will be made by the permittee to prevent the full and
free use by the public of all navigable waters at or adjacent to the
authorized work. Use of the permitted activity must not interfere with the
public's right to free navigation on all navigable waters of the United
States.
9. The permittee will maintain the authorized work in good condition
and in conformance with the terms and conditions of this permit. The
permittee is not relieved of this requirement if he abandons the permitted
activity without having it transferred to a third party.
10. The activity will be conducted in such a manner as to prevent a
significant increase in turbidity outside the area of construction or
construction -related discharge. Increases such that the turbidity in the
waterbody is 50 NTU's or less in all rivers not designated as trout waters by
the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or
less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or
less in trout waters, are not considered significant.
11. This Department of the Army permit does not obviate the need to
obtain other Federal, State, or local authorizations required by law.
12. This permit does not grant any property rights or exclusive
privileges.
13. In issuing this permit, the Federal Government does not assume any
liability for:
a. Damages to the permitted project or uses thereof as a result of
other permitted or unpermitted activities or from natural causes.
b. Damages to the permitted project or uses thereof as a result of
current or future Federal activities initiated on behalf of the general
public.
c. Damages to other permitted or unpermitted activities or
structures caused by the authorized activity.
d. Design and construction deficiencies associated with the
permitted work.
e. Damage claims associated with any future modification,
suspension, or revocation of this permit..
Questions or comments may be addressed to the undersigned at telephone
[phone].
Sincerely,
iJkre��: hte
Project Manager
Wilmington Regulatory Field Office
04

q ..
Copies Furnished:
Mr. John Dorney
Division of Water Quality
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 28516
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. Bob Stroud, District Manager
Wilmington Regional Office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845

1
DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL/PROCESSING RECORD
A) APPLICANT: Bob Bethel COUNTY: New Hanover
LOCATION OF PROJECT: 305 Bradley Creek Road, adj to Greenville Sound,
Wilmington
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 08/23/96
FIELD RECOMMENDATION: Attached - Yes To Be Forwarded - No
CONSISTENCY DETERMINATION: Attached - N/A To Be Forwarded - N/A
FIELD REPRESENTATIVE: Tere Barrett D T CE: Wilmington
7
DISTRICT MANAGER REVIEW: 1 1
B) DATE APPLICATION RECEIVED IN/ REC'D: $71
PUBLIC NOTICE REC'D: ✓ CC , OF NOTICE
ADJ. RIP. PROP NOTICES REC'D: � ������ 'D:
APPLICATION ASSIGNED TO: ��v.y$ ON:
C) 75 DAY DEADLINE: I l-S--56 150 DAY DEADLINE:
MAIL OUT DATE: q — fj `/ STATE DUE DATE:
'0-, 4'4C
FEDERAL DUE DATE: I 0 - 5 FED. COMMENTS REC'D: 1 c
PERMIT FINAL ACTION: ISSUE DENY DRAFT ON
AGENCY
DATE COMMENTS
RETURNED
OBJECTIONS
YES NO
NOTES
Coastal Management Dist. Office
�j-e27-y6
Div. of Community Assistance
8'-3a-cr6
Land Quality Section
G _ 41 C
Div. of Env. Management
y
State Property Office
Div. of Archives & History
Div. of Env. Health
Div. of Highways
Wildlife Resources Commission
.� S_ cl
Div. of Water Resources
D
Div. of Marine Fisheries%(O

Recommendations for State Permit - Bob Bethel
In order to protect the interest of the property owner, and the water quality of the basin, I would
recommend that the excavation of the channel be required to continue to the AIWW. This would
increase the length of the channel from 30' to approximately 110'.
I recommend the permit be authorized contingent on the following conditions:
1) The channel connecting the basin to deeper waters must be extended to such a point that it
connects with the A]WW, or approximately 110'.
2) The pier and associated structures shall have a minimum setback distance of 15' between any
parts of the structure and the adjacent property lines extended into the water to a point where
the marsh ends and the open body of water begins. From these intersections, all structures shall
have a minimum setback 15' from the corridor lines as they extend perpendicular to the AIW W:
3) In order to protect juvenile SHRIMP and FDTFISH populations, no excavation or filling will be
permitted between April 1 and Sept. 30 of any year without the prior approval of the Division
of Coastal Management, in consultation with the Division of Marine Fisheries.
4) Excavation will not exceed 5 feet below the MEAN LOW water level.
5) No marsh grass will be excavated and/or filled.
6) The temporary placement or double -handling of excavated or fill materials within waters or
vegetated wetlands is not authorized.
7) No excavated or fill material will be placed at any time, in any marsh or surrounding waters,
outside of the alignment of the fill area indicated on the workplat(s).
8) All excavated materials will be confined above mean high water and landward of regularly or
irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spill-
over of solids into any marsh or surrounding waters.
9) This permit authorizes only the docks, piers, and other structures and uses located in or over
the water that are expressly and specifically set forth in the permit application. No other
structures, whether floating or stationary, may become a permanent part of this DOCKING
FACILITY without permit modification. No non -water dependent uses of structures may be
conducted on, in, or over public trust waters without permit modification.

State otrNorA Garollrta
Xeparvmenf. of Environment,
" Health and Natural R©sources
'Wilmington Regional Office
Division of Coastal Management
James B Hunt. Jr.. Gove,nur
JunaUhan B. Howes, Se.retary
Rngw N SchGCier. 04actor
_ _ 6 F'. 91
PostMY Fax Notc 7671
met
August 26, 1996
TO, Zoe D. Bruner, District Planner
Division of Coastal Management
FROM: John R. Parker
Major Permits Processing Coordinator
SUBJECT: CAMA/DR.EDGP S FILL Permit Application Review
Applicant:
Projeti Location: 305 Bradley Creek Rd, adj to Greenville Sound, in New Hanover County
Proposed Project. Construction of a pier with gazebo and floating dock system, excavation of the
amt around the docking system and an actress channel to the AIWW
Please indicate below your offite's position or on the proposed project and return this form
by Sept 16, 1996. If you have any questions re_ :c proposed project, please contact Tere Barrett
at 910i395-3900. NN hen appropriate, in-depth -itts with supporting data is requested.
REPLY: This t,ffice has no objection to the project as proposed.
.M
This office has no comment on the proposed project.
_ This office approves of the project only if the recommended changes are
incorporated Sea attached.
Ties office objws to the project for reasons described in the attached comments.
DATF
127 Ca usa! chive E}'tension, 'ArIlMiuMOn, N.C. 2840R-3845 a Telephone [phone]U a Faz 910-360.2004
L An Equal Oppj,rtuivty ANWnstive Anion Fmployer

!!
MEMORANDUM
TO: John R. Parker, Major Permits Processing Coordinator
cc. F Pate, CR Stroud.Ji., T Barrett
FROM: Zoe D Bruner, District Planner
SUBJECT: CAMA/DREDGE & FILL Pen -nit Application Review
Bethel, Bradley Cleek Road NHC
DATE: September 16, 1996
This permit consistency opinion is based on my review of Mr Bob Bethel's permit application, the
Field Investigation Repoli (IT Banelt, 8/26/96). and my understanding and interpretation of the
pa!ic:es presentetl in the Wdmin j n/New Hanover County 1993 Land Use Plan.
The applicant propoSes to construct a 492 foot pier with gazebo and floating dock system excavating
the area around the docking system and ex avafin«,«, an access channel to the Intracoastal Waterway.
The loca on and complete description cf the project are in the Field Investigation Report.
LAND USE CLASSIFICATION.
Conservation (AEC's and floodplaln). adjacent land. Resource Protection
RELATED POLICIES AND IMPLEMENTATION MEASURES,
1 I(S) THE CTTY AND COUNTY SHAL: SEED TO YRESSRVE APTD RHSTORE SHELLFLSHINO IN ALL SA WATERS AND
TO TARD46 ALI. COASIAL WAIERS DFRONAIED OR FORMERLY DBSIGNQTED SA TO THE WG11EST QUALITY-
POSSIDLE.
i.: PROIEC110N OF i AMA -DEFINED AREAS f FENVIRONMEN'IAL
CONCERN
1 "I) LSTT--ARJN'E WA FEk5. LSICTARIN< WMEUNFS AN1 T Y'_BLIC TRUST AREAS SHALL BE. PROHIBI1FaO FROM USE
BY DEVELOPMENT ACTIVITY WFUCH t 01MJ Ri SL? T 1K SIGNIFTC'ANI ADVERSE IMPACT TO I'AE NATURAL
FI, Nc r1uN OF I I-ILSE AREAS
L1(Yj TIIF (:1TY ANDCI)L?vTIY SHA:.1 ai i.CtC tiS55 (;y ES1UAItII.'EADID PUBLIC IRL'S I WATERS THAT PROVIDE
RINFITTS TO THE PUBLIC ANF) N%'N!C H a;1SF Y R11-ARIAN ACCL:SS NEEDS Or PRIVATE PROP.ER1 Y OWNERS
CONSISTENCY OPINION:
', he Wiin;Ington Nevi Hanover County Land use P!an supports state and federal regulations which
protect water quality and navigability. Accordir:g to the nian, it is the intent of the County to improve
the qQ" of its c;iaeks and estuaries
�f
This project will be consistent wirh the i-and Use fiian wren-
• all comments receiveo c•n +his app;cation are considered
• all conditions placr.•d on this permit are met: and
this pro)eN is found to have nn negative impact upon the long-term quality of the surrounding
waters or the navigabilily of these waters

1W
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
September 3, 1996
E)EHNR
TO:
Mr. Charles R. Fullwood, Jr., Director
Wildlife Resources Commission
Attn: Habitat Conservation Program
~~
FROM:
John Parker, Jr.
I c�c�&
Major Permits Processing Coordinator
Q a
S
SUBJECT:
CAMA/DREDGE & FILL Permit Application Review
Ate"
APPLICANT:
Bob Bothell
G 9
PROJECT LOCATION: 305 Bradley Cr. Rd., adj. Greenville Sound, New Hanover Co
PROPOSED PROJECT: To construct a pier with gazebo and floating dock system, excavation, etc.
Please indicate below your agency's position or viewpoint on the proposed and return this form by
September 24, 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 c ✓n—Date
P.O. Box 27687, FAX [phone]
Raleigh, North Carolina 27611-7687 XvC An Equal OpportunHy/AfflrmatNe Action Employer
Voice 919-733-2293 17+77 tna►1♦ 50% recycled/10% post -consumer paper

P./9''z
Gay
® North Carolina Wildlife Resources Commission
512 N. Salisbury Street, Rnleigl), North Carolina 27611, 919.733-3391
Charles R. RiIIWood, Executive Director
MEMORANDUM
TO: John Parker, Jr.
Major Permits Processing
.FROM: Bennett Wynne M
Habitat Conservation Program
DATE: September 24, 1996
SUBJECT: CAMA/Dredge and Fill Permit Application for Bob
Bethel, 305 Bradley Creek Point Road, adjacent to
Greenville Sound, near Wrightsville Beach, New
Hanover County, North Carolina.
The Wildlife Resources Commission has reviewed the
project for impacts to wildlife and fishery resources. A
site visit was made on September 23, 1996. Our comments are
provided in accordance with provisions of the Fish and
Wildlife coordination Act (48 Stat. 401, as amended; 16
U.S.C. 661 et. seq.) and the Coastal Area Management Act
(G.S. 113A-100 through 113A-128).
The applicant proposes to construct a 500 ft. long
pier, gazebo, floating dock, and boatlift system on his
waterfront lot to access the AIWW. A 60 ft. by 60 ft. area
around the floating dock is to be excavated to,-5 ft. mlw.
The pier is to span a wide, well -developed coastal marsh
providing habitat for raccoon, muskrat, wading birds,
waterfowl, and a host of estuarine invertebrates. Area
waters are classified SB and closed to shellfishing.
Primary adverse environmental impacts from the project
are turbidity -induced water quality decline associated with
dredging and shading of productive coastal marsh.
Navigational concerns would arise if the project exceeds the

i
established pier head line. To reduce the extent of these
impacts, we recommend the permit be conditioned as follows.
1. No excavation is allowed between April 1 and
September 30, a period of peak biological activity.
2. A minimum of 0.5 in. gap is maintained between pier
deck boards and the decking is elevated a minimum of 4 c.,,, ,, f-
ft. off the marsh floor to allow sunlight penetration .(,a,�k
to underlying vegetation.
3. The existing pier head line is not exceeded. -4-« .
Thank you for the opportunity to comment on this
project. If you need to discuss these comments or need
additional assistance, please call me at [phone].
cc: s:\boatfish\habcon\coast\d2 (bethel.doc)

uepartment of Environment,
Health and Natural Resources
Wilmington Regional Office
Division of Coastal Management
James S. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
;A
;FME"
MEMORANDUM: August 26, 1996
TO:
MT. Charles Gardner, Director
Division of Land Resources
FROM: John R.
Parker
Major Permits Processing Coordinator
SUBJECT:
CAMA/DREDGE & FILL Permit Application Review
APPlicant: Bob Bethel
Project Location: 305 Bradley Creek Rd, adj to Greenville Proposed Project: Construction of a pier Sound, in New Hanover County
with gazebo and floatin
area around the docking system and g dock system, excavation of the
an access channel to the AIWW
Please indicate below
by Sept 16, 1996. your agency's position or viewpoint on the
at extension 246. When have any questions regarding theproposedProposed project and return When appropriate, in-depth comments wituPP°rt g data is
contact Te Bsarrett
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
�FD'NtGJT f E2oS,o,JmCy��ated. See attached. Project only if the recommended changes are
This agency objects to the MJS E 6&4,oi'Eb Fae
project for reasons describedr P'� in the attached cOmmanrtC�.
SIGNED C
127 Cardinal Drive Extension,
�~� RECEIVED
SEP 411996
COMM
�,�� 1� MANA6EMENf
f-- DATE
91ftnn8ton, N.C. 28405-3845 0 Telephone [phone]
An Equal opportunity Affirmative Action Employer Fax [phone]

State of North Carolina
Department of Environment,
Health, and Natural Resources
Division of Marine Fisheries
James B. Hunt, Jr., Governor --
Jonathan B. Howes, Secretary l) E H N R
Bruce L. Freeman, Director
24 September 1996
MEMORANDUM
TO: John R. Parker, Jr.
DCM Major Permits Prcessing Coordinator
FROM: P.A.. Wojciechowski
SUBJECT: DREDGE AND FILL PERMIT
Bob Bethel
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
SEP 25 o95
a
�� P�9Ks+�s�telEdi
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

State o` NoMin Carolina
Departhient of Environment,
Health and Natural Resources
Wilmington Regional Office
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
MEMORANDUM:
TO:
FROM:
SUBJECT:
Applicant:
August 26, 1996
Mr. Bruce Freeman, Director
Division of Marine Fisheries
AFTWA
Via
C)EHNR
John R. Parker
Major Permits Processing Coordinator
L� CAMA/DREDGE & FILL Permit Application Review SEP 25 S9S
Bob Bethel
Project Location: 305 Bradley Creek Rd, adj to Greenville Sound, in New Hanover:.Courity
Proposed Project: Construction of a pier with gazebo and floating dock system, excavation of the
area around the docking system and an access channel to the AIWW
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by Sept 16, 1996. If you have any questions regarding the proposed project, please contact Tere Barrett
at extension 246. When appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed. CSC
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
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

MEMORANDUM
September 16, 1996
TO: John Parker
FROM: Fritz Rohde
SUBJECT: Bob -Bethel
The Division has no objection to the above project even
though substantial dredging is involved. The project is not
located in a primary nursery area and the area is closed to the
taking of shellfish.

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
September 13, 1996
MEMORANDUM
TO: P. A. "Ski" Wojciechowski
Division of Marine Fisheries
FROM: John Parker
Major Permits Processing Coordinator
Zm
EDEHNFR
SUBJECT: CAMA/Dredge and Fill Permit Application Review
SEP�
DMF-PUB. TUSUBLANDS
APPLICANT: ?ighel
PROJECT LOCATION: Adj. Greenville Sound at 305 Bradley Cr. Rd., New
PROPOSED PROJECT: To construct a pier with gazebo & floating dock system.
Sep O�/ VEy
996
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 _4,.o��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.
Signed �� "` '� Date
AIOT11' T�/6.1 C !I .g O/i/d9 //✓ Tj`if /'�G ' .9� /S �oi
P.O. Box 27687, 7�FAX [phone]
Raleigh, North Carolina 27611-7687 N�C An Equal Opportunity/Atflrrnafive Action Employer
Voice919-733-2293 50%recycled/ 10%post-consumer paper

State of N-crth Carolina
Department of Environment, D 70, ,a
Health and Natural Resources
Wilmington Regional Office AUG 2 7 V96 ,
Division of Coastal Management A &
-- r�
James B. Hunt, Jr., Governor p E H N Pit
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
August 26, 1996
MEMORANDUM:
TO: Mr. A. Preston Howard, P.E., Director
Division of Water Quality
FROM: John R. Parker
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Bob Bethel
Project Location: 305 Bradley Creek Rd, adj to Greenville Sound, in New Hanover County
Proposed Project: Construction of a pier with gazebo and floating dock system, excavation of the
area around the docking system and an access channel to the AIWW
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by Sept 16, 1996. If you have any questions regarding the proposed project, please contact Tere Barrett
at extension 246. When appropriate, in-depth comments with supporting data is requested.
� 91319b63J
REPLY:y/ 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.
I SIGNED , {k C.IL S i V �, t — DATE C— G c-f -- O -4 —
CC. Wy)^N bop-"
LviRu Filc%
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • F
An Equal Opportunity Affirmative Action Employer

State- of North Carolina
Department of Environment,
Health and Natural Resources
Wilmington Regional Office
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
MEMORANDUM:
TO:
FROM:
SUBJECT:
Applicant:
Project Location:
August 26, 1996
Mr. William A. McNeil, Director
Division of Community Assistance
John R. Parker
Major Permits Processing Coordinator
CAMA/DREDGE & FILL Permit Application Review
Bob Bethel
305 Bradley Creek Rd, adj to Greenville Sound, in New Hanover County
Proposed Project: Construction of a pier with gazebo and floating dock system, excavation of the
area around the docking system and an access channel to the AIWW
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by Sept 16, 1996. If you have any questions regarding the proposed project, please contact Tere Barrett
at extension 246. When appropriate, in-depth comments with supporting data is 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.
This agency objects to the project for reasons described in the attached comments.
SIGNED .tt DATE 1rI2
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
MEMORANDUM
TO:
FROM:
SUBJECT:
APPLICANT:
September 3, 1996
Mr. Larry R. Goode, Phd., P.E.
Highway Administrator
Division of Highways
John Parker, Jr.
Major Permits Processing Coordinator
e0�
[DEHNR
CAMA/DREDGE & FILL Permit Application
Bob Bethel
PROJECT LOCATION: 305 Bradley Cr. Rd., adj. Greenville Sound, New
>Y t _.
w-\ �Q 6
SEp 3��tNS
��pt�1P
PROPOSED PROJECT: To construct a pier w/gazebo and floating dock system, excavation, etc.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by September 24, 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.
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 age obj to the project for reasons described in the attached comments.
Signed Date � l 3 91:
P.O. Box 27687, N
�«,FAX [phone]
Raleigh, North Carolina 27611-7687 CAn Equal Opportunity/Affirmative Action Employer
Voice 919-733-2293 M77 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
September 3, 1996
MEMORANDUM
TO: Mr. John Sutherland, Chief
Water Planning Section
Division of Water Resources
FROM:
SUBJECT:
APPLICANT:
John Parker, Jr.
Major Permits Processing Coordinator
1, A
WAA
[DEHNFR
EA
CAMA/DREDGE & FILL Permit Application Review
Ec EO
OCT 2 1996
cll;SiAL
►AANAGEAAE%1
PROJECT LOCATION: 305 Bradley Cr. Rd., adj. Greenville Sound, New Hanover Co.
PROPOSED PROJECT: To construct a pier w/gazebo and floating dock, excavation, etc.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by September 24, 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.
X, 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 L ' f r
P.O. Box 27687, N7`�C FAX [phone]
Raleigh, North Carolina 27611-7687 1, An Equal FAX
Acton Employer
Voice 919-733-2293 r>?T+Tt!*!r! 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
September 3, 1996
MEMORANDUM
TO: Mr. Joe Henderson, Acting Director
State Property Office
Department of Administration
FROM: John Parker, Jr.
Major Permits Processing Coordinator
E:)EHNR
SUBJECT: CANWDREDGE & FILL Permit Application Review
APPLICANT: Bob Bethel
PROJECT LOCATION: 305 Bradley Cr. Rd., adj. Greenville Sound, New Hanover Co.
PROPOSED PROJECT: To construct a pier w/gazebo and floating dock system, excavation, etc.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by September 24, 19%. 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.
L�-� This agency has no comment on the proposed project.
This agency approves of the project, only if the recommended changes are
incorporated. See attached.
T ' ens jests to the p''ro1ject for reasons described in the attached comments.
Signed W Date -ti LCt
P.O. Box 27687, �"' FAX [phone]
Raleigh, North Carolina 27611-7687 N�.� C An Equal FAX
Action Employer
Voice 919-733-2293 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
September 3, 1996
TO: Ms. Renee Gledhill -Early
Environmental Review Coordinator
Division of Archives and History
FROM: John Parker, Jr.
Major Permits Processing Coordinator
ED E I-H N FR
SUBJECT: CAMA/DREDGE & FILL Permit Application Review �v—J
APPLICANT: Bob Bethel
PROJECT LOCATION: 305 Bradley Cr. Rd., adj. Greenville Sound, New Hanover Co.
PROPOSED PROJECT: To construct a pier w/gazebo and floating dock system, excavation, etc.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
September 24,1996. 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.
Datel0
P.O. Box 27687, N%*;*�FAX [phone]
Raleigh, North Carolina 27611-7687 An Equal Opportunity/Affirmative Action Employer
Voice 919-733-2293 rsrzwr+' a 50% recycled/10% post -consumer paper

State of rth Carolina
Department of Environment,
Health and Natural Resources
Wilmington Regional Office
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
MEMORANDUM:
TO:
FROM:
SUBJECT:
Applicant:
Project Location:
Proposed Project:
August 26, 1996
Ann Hines, LPO
New Hanover County
AjML
EDEHNR
John R. Parker
Major Permits Processing Coordinator
CAMA/DREDGE & FILL Permit Application Review
Bob Bethel
305 Bradley Creek Rd, adj to Greenville Sound, in New Hanover County
Construction of a pier with gazebo and floating dock system, excavation of the
area around the docking system and an access channel to the AIWW
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by Sept 16, 1996. If you have any questions regarding the proposed project, please contact Tere Barrett
at 910/395-3900. When appropriate, in-depth comments with supporting data is requested.
REPLY: ,K� 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 ( Z R
DATE
REC NEO
SEP 411996
CLtP'SM
MANAGEMENT
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

15:i6 USAGE —Reg, Branch- 14 2 '1-
October 15, 3996
Regulatory Branch
Action ID No. 199606017
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 Bob Bethel for a Department of the Axey
permit to dredge 4,500 square feet (0.103 acre) cf shallow Lottcm arou:;•.d a
pier and gazebo with a floating dock system to be constructed in craa7vi__c
Sound, at 305 Bradley Creek Point Road in wilmir.gton, Now Hanover county,
North Carclina.
The Federal agencies have completed review of ti•e proposal ae presented
by the application and your field investigation report.
We recommend chat the following condition(s) to included it the Stare
auth:Drization:
1) All work authorized by this permit mist oe performed ir strict
compliance with the permit plane.
%) All excavated materials will he confined landward of t*e mean high
water Mhw) slevaticn contour and any regularly or irregularly hooded
vegetated wetlands within adequate dikes or other retainin7 struct�_-ea tc
prevent spillover of solids into ary vegetated wetiande sr aurrcunding .aar.ere.
3) No excavated or f111 materials will he placed er, any time in any
vegetated wetlands or waters. This includes the temporary placement of
material in wetlands or waters.
4) No vegetated wetlands will be excavated.
5) Excavat-an will not exceed 5 feet below the elevat.::r of mear low
water (MLW).
6) The permittee•e scheme cf development, of which the authorized work
Is a Fart, contemplates the presence of structures and their attendant
utilities on lands subject to an easement in favor of the Cnited States for
the operation, maintenance, improvement, and ealarg6went of the Atlantic
Intracoastal Waterway (AIww). Accordingly, the permittea will be required to
remove such structures and improvements at his own exj:anae sn the event that,
in the judgment of the U.S. Army corps of Engineers acting do behalf of the
United SLatod, the lar.da are needed at any time for any purpose within the
scope of t'•-.e easement. Permanent buiidinga will not be conetrueted withinthe
easement.

Jt^, tl°•v rQCOr �l5ti^aC; 1� 5-,�� ��i•Lr9 :1�wt "<^�rancn,-
)p 3
i
7) This permit does not authorize the interference with any existing or
proposed Federal protect, and the parmittee will rnt be ar,c.itled to
compensation for damage or injury to the authorized structure or work which
MAY be caused from existing or future operations undertaken by the united
States in the public interest.
8) No attempt will be made by the permrlttae to l,reven_ the full and
free uee by the public of all navigable waters at cr adjacent to the
authorized work, Use of the permitted activity must not interfere with the
public's right to free navigation on ail navigable waters of the United
States.
9) The parmittee will maintain the authorized work in good condition
and lr. conformance with the terms and conditions of tr.is pera.it. The
permittes is not relieved of this requirement if he abandons the permitted
activity without having it transferred to a t".rd party.
20) The aativity will be cc^ducted in sach a manner as to prevent m
significant increase in turbidity outside the area of constru^.tic•n or
construction -related discharge. Increases su::,; that the turbid;.ty in tre
waterbody is 50 NTV's or less in all rivers nct desig::ated as trout watera ,.j
the North Carolina Division of=nvironmental Management ;=EM:, 25 N:U'h -r
leas in all saltwater classes and in all lakes and reservoirs, &nu —' NTC'a or
lees in trout waters, are not considered significant.
11) This Department of the Army permit doom not obviate the need to
nbtain other Fedora;, State, or local authorizations required by law.
12) This permit does not grant any property rights or exclusive
privileges.
13) In issuing this permit, the Federal Government does not aeaume any
liability for:
a. Damages to the permitted project or uses thereof as a result of
utner permitted or unpermitted activities or from natural causes.
b, Damages t_ the permitted project or uses thereof as a result of
current or future Federal activities initia.ed on behalf of the general
public.
C. Damages to other permitted or unpermitted a-tivi<.tea or structures
caused by the authorized activity.
wcrx. d, Design and construction deficiencies associated with the permitted
e. Dam -Age claims associated with any future modification, si�spsneicn,
or revocation of this permit.
Question" or comments may he addressed to the undersigned at telephone
[phone].
2
Sincerely,
a1 -

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
October 7, 1996
Lieutenant Colonel Terry R. Youngbluth
District Engineer, Wilmington District
U.S. Army Corps of Engineers
P.O. Box 1890
Wilmington, North Carolina 24802-1890
Attention: Jeff Richter
Dear Colonel Youngbluth:
The U.S. Fish and Wildlife Service (Service) has reviewed the Field
Investigation Report (FIR) and permit application for Action I.D.
No. 199606017. The applicant, Bob Bethel, proposes to construct a
pier and associated structures at his property adjacent to
Greenville Sound and the mouth of Bradley Creek (thelothas about
150' of frontage), 305 Bradley Creek Road, near Wilmington, in New
Hanover County, North Carolina. The structure will extend about
500' waterward of the plane of Ordinary High Water, stopping about
120' from the Atlantic Intercoastal Waterway (AIWW) channel. The
structure includes a 492' x 6' pier, a 12' x 8' turnaround area
(for a golf cart), a 16' x 16' gazebo, an L-shaped set of floating
piers (311 x 4' waterward, then 15' x 3' northward), and a 15' x
20' boatlift within the "L." The plans specify that the pier will
be elevated 7' to 10, above the substrate, but the FIR explains
that this is probably incorrect. Additionally, a 601 x 601 basin
and a 30' x 30' channel will be dredged from the AIWW to the
docking facilities. Spoil disposal is not discussed in the FIR.
The pier spans a large (about 4501 wide) belt of saltmarsh before
crossing over open water. Neither the FIR nor observations
indicate that submerged aquatic vegetation is present in
significant quantities at this site.
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.).
1AAS iwn
We recommend the applicant modify the proposed activities (1) by'��
eliminating the non -water dependant features (the turn -around and
gazebo areas) from the pier. Further, permit conditions should
xw^,(-d
ensure that (2) the spoil is disposed of in an appropriate location_,t,�,�
and manner, and (3) activities such as refueling or sewage disposal
are prohibited on or near the subject facilities. 1�
7

The extensive surface area covered by the proposed system of docks
and piers compared to the total lot size and frontage is worth
noting. The proposal, assuming spoil disposal, will disturb an
area of fish and wildlife habitat and public trust lands which is
about half the size of the private lot. About six percent of the
applicant's linear frontage will be taken up by the pier. We
recognize that much of the proposed structure is required to
minimize impacts to the wetlands which are being crossed, however,
the cumulative impacts of structures of this magnitude being
constructed on every 150' or so of shoreline could be enormous.
This concern is not idle speculation on well -developed portions of
shoreline. Excessive areal coverage by docks can cause localized
adverse impacts to fish and wildlife resources.
The question about the height of the pier above substrate should be
resolved. While a ratio of height to width of over 1:1 is
favorable for primary productivity (lower ratios create shaded
zones with reduced productivity), the added height has adverse
impacts since water falling from the structure creates high energy
splash -zones. Vegetation and fine sediments, including organic
matter, are quickly eroded from splash zones. The land surface in
splash zones is removed from productivity.
We also believe that extensive docks and piers have adverse impacts
to the health and integrity of local populations of aquatic
organisms. Many species of fish, for example, at certain life
stages, are behaviorally cued to seek shelter in areas with complex
horizontal and vertical covers. Docks, piers, and piles apparently
trigger that cue, and abnormally high numbers of fish seek cover
under and around such structures. This phenomena can be observed
by comparing catch rates when fishing off of such structures versus
catch rates when fishing off shorelines without docks or piers.
The concern arises because such cover is overhead only, and the
complex of horizontal and vertical structures that are associated
with, say, submerged trees or aquatic beds of vegetation is non-
existent. The organisms cued to find cover in such environments
are over -abundant under docks and piers, and are extremely
susceptible to environmental stresses such as disease, thermal
sack, or anthropogenic contamination. This exaggerated
vulnerability is a concern of the Service, and we believe that
locally large areas of dockage pose an unquantified risk to aquatic
organisms. This risk can and should be reduced by limiting the
areal size of docks.
We also note that turn-arounds and gazebos are normally considered
non -water dependent structures. Non -water dependent structures are
generally are not permitted.
For the above reasons, we recommend that the gazebo and turn -around
structures be eliminated from the design. This will ensure
programmatic consistency and protect aquatic habitat.

The spoil should be disposed of in an acceptable manner - that is,
it should not be placed in a location where it can be suspended and
mix with waters which support aquatic life. Suspended sediments
are adverse to both motile and nonmotile aquatic organisms, and
during certain periods, to terrestrial organisms dependant on
aquatic habitat.
Our concern about refueling and other activities is similarly based
on the potential hazards associated with introducing contaminants
into the aquatic environment. By limiting the locations where such
activities may occur, the potential adverse affects of
environmental contamination are spatially concentrated, allowing
for more efficient monitoring and response.
We appreciate this opportunity to comment on this permit
application. If you have any questions or comments, please call
Kevin Moody of my staff at [phone] extension 19.
Sincerely,
rMohn. efnSupervisor
cc: NCDCM, Raleigh, NC (John Parker)
NCDCM, Wilmington, NC (Bob Stroud)
NCWRC, Raleigh, NC (Frank McBride)
EPA, Wetlands Regulatory Program, Atlanta, GA (Thomas Welborn)
NMFS, Beaufort, NC (Larry Hardy)
FWS/R4:KMoody:KM/10/07/96:919/856-4520 ext.19:B:\KM-6017

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF
Regulatory Branch
Action ID No. 199606017
Mr. John Dorney
Division of Water Quality
North Carolina Department
Environment, Health and
Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina
Dear Mr. Dorney:
September 18, 1996
of
27611-7687
Enclosed is the application of Bob Bethel for Department of the Army
authorization and a State Water Quality Certification to dredge 4,500 square
feet (0.103 acre) of shallow bottom around a pier and gazebo with a floating
dock system to be constructed in Greenville Sound, at 305 Bradley Creek Point
Road in Wilmington, New Hanover County, North Carolina. Your receipt of this
letter verifies your acceptance of a valid request for certification in
accordance with Section 325.2(b)(ii) of our administrative regulations.
We are considering authorizing the proposed activity pursuant to Section
404 of the Clean Water Act, and we have determined that a water quality
certification is required under the provisions of Section 401 of the same law.
A Department of the Army permit will not be granted until the certification
has been obtained or waived.
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 November 18, 1996, the District Engineer will deem that
waiver has occurred.
Questions or comments may be addressed to the undersigned, telephone
[phone].
Sincerely,
Jeffrey H. Richter
Project Manager
Wilmington Regulatory Field Office
Enclosure

Copy Furnished (without enclosure):
/ John Parker
Di
V/ Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687

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
1
Regulatory Branch
Action ID No. 199606017�CG�oJ
P�
C�
Mr. Bob Bethel d�
212 Bradley Creek Road
Wilmington, North Carolina 28403
Dear Mr. Bethel:
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 August 27, 1996, for Department of
the Army authorization to dredge 4,500 square feet (0.103 acre) of shallow
bottom around a pier and gazebo with a floating dock system to be constructed
in Greenville Sound, at 305 Bradley Creek Point Road in Wilmington, New
Hanover County, North Carolina, indicates it to be a candidate for Federal
authorization under this general permit. Accordingly, the administrative
processing of your application will be accomplished by the North Carolina
Division of Coastal Management. Comments from Federal review agencies will be
furnished to the State.
If your application must be withdrawn from this general permit process
for any reason, you will be informed regarding its further management. If
there are no unresolved differences in State -Federal positions or policies,
the final action taken on your application by the State will result in your
receiving written notice from us that your application is consistent with the
general permit and you may commence your activity. Only after receiving such
confirmation should you begin work.
On February 6, 1990, the DA and the U.S. Environmental Protection Agency
(EPA) signed a memorandum of agreement (MOA) establishing procedures to
determine the type and level of mitigation necessary to comply with the Clean
Water Act Section 404(b)(1) Guidelines. This MOA provides for first, avoiding
impacts to waters and wetlands through the selection of the least damaging,
practical alternative; second, taking appropriate and practical steps to
minimize impacts on waters and wetlands; and finally, compensating for any
remaining unavoidable impacts to the extent appropriate and practical. To
enable us to process your application in full compliance with this MCA, we
request that you provide the following additional information:
a. Permits for work within wetlands or other special aquatic sites are
available only if the proposed work is the least environmentally damaging,
practicable alternative. Please furnish information regarding any other
alternatives, including upland alternatives, to the work for which you have
applied and provide justification that your selected plan is the least
damaging to water or wetland areas.

•- ti
b. It is necessary for you to have taken all appropriate and practical
steps to reduce wetland losses. Please show all that you have done,
especially regarding development and modification of plans and proposed
construction techniques, to reduce adverse impacts.
c. The MOA requires that appropriate and practical mitigation will be
required for all unavoidable adverse impacts remaining after all appropriate
and practical minimization has been employed. Please show your plan to
mitigate for the projected, unavoidable loss of waters or wetlands or provide
information as to the absence of any such appropriate and practical measures.
This information is essential to our expeditious processing of your
application and it should be forwarded to us by &&today+14&&. Also, a copy of
this information must be sent to the North Carolina Division of Environmental
Management to enable them to adequately evaluate your application for a Water
Quality Certification pursuant to Section 401 of the Clean Water Act.
Your application, pursuant to Section 10 of the River and Harbor Act and
Section 404 of the Clean Water Act, has been assigned Action ID No. 199606017.
It will be coordinated by the undersigned in our Wilmington Field Office.
Should you have any questions, please contact me at telephone [phone].
Enclosure
Sincerely,
Jeffrey H. Richter
Project Manager
Wilmington Regulatory Field Office
2

Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. John Dorney
Division of Water Quality
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 Protection Section - Region IV
Water Management Division
U.S. Environmental Protection Agency
Atlanta Federal Center
100 Alabama Street, SW
Atlanta, Georgia 30303
Mr. Bob Stroud, District Manager
Wilmington Regional Office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845

1
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX Ieeo 5O
WIIMINGTON, NORTH CAROLINA 28402-IWO �.
RaYTO
ArrENnON OF
Se-0 1 t Ig4(p
Regulatory Branch
Action ID.
I "t'Tnn6u ok-1 Applicant �o� ��'�'4•w1
Waterway Gr"�V;tkC Sew^
County%e+wv.� Type Work
AIWk,J
Mr. Larry Hardy
National Marine Fisheries
Service, NOAA
Pivers Island
Beaufort, North Carolina 28516
Field Supervisor
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
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
I` 1 b SA-i o'3d
W Min Regional Office
Division Coastal Management
North Carolina Department of
Environment, Health and
atura Resources
�',lm.�s�ov _ NL
SEPc13ta�
MANAGE:"`V',
Gentlemen:
Pursuant to Action ID No. 198000291, the CAMA-Corps general
agreement, a State Field Investigation Report is enclosed. Your
recommendations would be appreciated on or before �)
Questions or comments may be addressed to
J Zi� 11,�c�-Ecr
Regulatory Branch,
m. +�� Field Office, telephone (Ito) q,51, 1-A636
Sincerely,
Enclosure
J�-e�afJ'f�`re�'y H. Richter
Project Manager
Wilmington Regulatory Field Office

}
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Bob Bethel
2. LOCATION OF PROJECT SITE: Adjacent to Greenville Sound approximately .15 mile north
of the mouth of Bradley Creek; the street address is 305 Bradley Creek Rd.in New Hanover Co.
Photo Index - 1995: 22-254; 3-I, J, K 1999: 174-4; 7 - R, S, T State Plane
Coordinates - X: 2356850 Y: 169600
3: INVESTIGATION TYPE: CAMA/D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 7/31/96; 8/8/96
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received - cc: 8/23/96
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - New Hanover
Land Classification From LUP - Conservation
(B) AEC(s) Involved: EW, PT, CW
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - County Sewer
Planned - None
(F) Type of Structures: Existing - None
Planned - Pier, Dock, Basin
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
-DREDGED FILLED OTHER
(A) Vegetated Wetlands
Snartina alterniflora mixed with
Juncus roemerianus
2700 sf
(B) Unvegetated Wetlands
(C) Other - Open Water
761 sf
Shallow Bottom
4500 sf
High Ground
30,000 sf
(D) Total Area Disturbed: 37961 square feet
(E) Primary Nursery Area: No '
(F) Water Classification: SE Open: No
8. PROJECT SUMMARY: Applicant proposes to construct a pier with gazebo and floating dock
system, excavating the area around the docking system and an access channel to the AIWW.

Bob Bethel
August 26, 1996
9. PROJECT DESCRIPTION 8/26/96
The project site is located at 305 Bradley Creek Rd. in New Hanover County. This is adjacent
to the AIWW approximately 800' north of the mouth of Bradley Creek. The community is
residential. Water access on the waterway side of this development has been difficult and
expensive because of the expanse of marsh to cross. Consequently, there are only two piers
along this shoreline, and the property to the north has a dredged basin and channel through the
marsh.
The project site is a 1.2 acre lot, with approximately 150' of water frontage, averaging 6' above
mean sea level. The waters of Bradley Creek and the AIWW at this point are classified SB by
the Division of Environmental Management. The area is not designated as a Primary Nursery
Area, and is closed to the taking of shellfish. The New Hanover County Land Use Plan
classifies the project area as Conservation.
The applicant has proposed to construct a pier with gazebo, a boat lift with floating docks, and
a boat basin with access channel to the AIWW. Application of the legal riparian corridors as
they are defined 90° from the channel would force this corridor directly across the grandfathered
basin to the north. Therefore, it was determined that the corridors should follow property line
extensions until the marsh gives way to open water. At this point, the corridor will turn to be
aligned perpendicular to the channel. The pier recently constructed to the south of this (Charles
Hunter) also wasaligned in this manner so as not to preclude the use of the existing access
channel.
The applicant's proposal is to construct a pier, 492' x 6', with a 12' x 8' turn around area for
a golf cart, a 16' x 16' gazebo, and a floating dock system with a boatlift. The applicant states
the pier to be 500' in length, but this is because he is counting the pier length through the turn
around deck. There are two floats associated with this system; the 4' x 31' float extends
waterward from the gazebo, and the 3' x 15' extends northward from the other, forming an "L"
configuration. The 15' x 20' lift lies within this "L" to the north. There are to be two mooring
pilings to the south of the docks, creating another mooring space. The pier is proposed to be
elevated approximately 7' to 10' above substrate, however, this detail in the platwork is probably
an oversight.
The proposed structure crosses approximately 450' of Snartina alterniflora mixed with Juncus
roemerianus. It extends another 42' into the body of water, where it becomes an open deck, and
gazebo. The entire project extends approximately 111' into the open body of water, terminating
approximately 120' from the edge of the AIWW. The body of water at this point is
approximately 640' across. Soundings at the terminus indicate approximately -3.5' mlw.
The applicant proposes to excavate a basin, 60' x 60' around his docking system. A channel,
30' x 30' would connect this to deeper water. The proposal is to remove approximately 450
cubic yards of material from this area to reach a water depth of -5' mlw. This is the current
waterdepth shown at the end of the proposed channel. The bottom composition in this area is
Primarily sand and shell. There is little evidence of shellfish.

The material is to be removed by clambucket to barge, and carried to a spoil island at channel
marker 129. A 100' x 300' area on this island has been dedicated for this spoil, to be contained
by a berm and silt fencing. The island is owned by Shore Acres Company, and a letter is on
file authorizing its use. The section of the island to be utilized is outside of the Corps of
Engineers AIWW right - of - way.
10. ANTICIPATED IMPACTS
The project as proposed will shade approximately 2700 square feet of coastal marsh and will
incorporate approximately 761 square feet of Public Trust Waters. The excavation will disturb
a bottom area of approximately 4500 square feet, and will utilize approximately 30,000 square
feet of high ground area for spoil disposal. The excavation terminates approximately 80' from
the AIWW. Because of the high level of boating activity in this area, it should be anticipated
that the mouth of the channel will shoal, creating a basin with poor tidal interchange. Turbidity
increases can be expected during excavation.
Submitted by: T. Barrett Date: 8/26/96 Office: Wilmington

State of North Carolina
Department of Environment,
Health and Natural Resources F."A
Wilmington Regional Office
Division of Coastal Management
tip•
James B. Hunt, Jr., Governor p E H N F1
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
August 26, 1996
Bob Bethel
212 Bradley Creek Rd.
Wilmington, North Carolina, 28403
Dear Mr. Bethel:
The Division of Coastal Management hereby acknowledges receipt of your application for State
approval for development of your property located adjacent to Greenville Sound north of Bradley Creek
at 305 Bradley Creek Rd. It was received completed on August 23, 1996, and appears to be adequate
for processing at this time. The projected deadline for making a decision is November 5, 1996. An
additional 75-day review period is provided by law when such time is necessary to complete the review.
If you have not been notified of a final action by the initial deadline stated above, you should consider
the review period extended. Under those circumstances, this letter will serve as your notice of an
extended review. However, an additional letter will be provided on or about the 75th day.
NCGS 113A-119(b) requires that Notice of an application be posted at the location of the
proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be
posted at the property of your proposed development. You should post this notice at a conspicuous
point along your property where it can be observed from epublic road. Some examples would be:
Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property;
or at a point along the road right-of-way where a private road would lead one into your property.
Failure to post this notice could result in an incomplete application.
A field report has been prepared and is in the process of being circulated to the various state and
federal review agencies for their comments. If additional information is required based on this review,
the agencies may contact you directly.
Sincerely,
T.� T. Barre
Field Representative
Enclosure
cc: John Parker
Bob Stroud
Ann Hines, LPO
Jeff Richter, COE
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER_FORM
Name Of Individual Applying For Permit:,
Address Of Property:
or Street ¢, Street or Road, City & Coun
I hereby certify that I own property adjacent to the above -
referenced property. The individual applying for this permit has
describ!be/p/ovided
d to m as shown on the attached drawing the development
they arpr'sing. A description or drawing, with dimensiWs,
should with this letter.
I have no objections to this proposal.Jli
JULU2 5 1996
WAIVER SECTION
I understand that a pier, dock, mooring pilings, breakwater, boat
house, lift/oriparian
ndbags must be set back a minimum distance of 15'
from my areaccess unless waived by me. (If you wish
to waive ttback, you must initial the appropriate blank
below.)
I do wish to waive the 151setback requirement.
I do not wish to waive the 151setback requirement.
epnone Number With Area
—;z z —
Date Bly�
C) FEE HNFR

UNITED STATES POSTAL SERVICE
First -Class Mail
Postage & Fees Paid
USPS
• Print your narpe;addres`Y and ZIP Codg-ip this box •
i996 �._.
IIIIIIIIIII JIII ifIiIMidi nln111111.1]1I'11I11111Ilnl..M

a ovv�n.
•Complete items 1 and/or 2 for additional services.
18150 Wleh to receive the
•Complete items 3, 4a, and 4b.
following services (for an
•Print your name and address on the reverse of this form so that we can return this
extra fee):
card to you.
-Attach this form to the from of the malpiece, or on the back if space does not
1, ❑ Addressees Address
Permit.
•Wnte"Refum Receipt Requssfed'on the mailpiece below the article number.
p. ❑ Restricted Delivery
•The Return Receipt will show to whom the aside was delivered and the date
delivered.
Consult postmaster for fee.
e ♦w:..i.. ew.........,.w ....I Ae 4rtinln IJmAnr
(=,3
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❑ Registered Certified.
❑ Express Mail ❑ Insured
❑ Retum Receipt for Merchandise ❑ COD
7. Date of Delivery
y
and fee is paid)
, December
rn

UNITED STATES POSTAL SERVICE
• Print your narks
-�, \ �,µ�11.4
�`�P , �LLE Y� _t i �7i ly .. mAtbo.pjio
address; and ZIP Code in this box •
` 1.1 03

o SENDER:
v_ • Complete items 1 and/or 2 for additional services.
W -Complete items 3, 4a, and 41b.
I also wish to receive the
following services (for ain
a aPnm your name and address on the reverse of this form so that we can return this
extra fee):
card to you.
> •Attach this form to the horn of the mailpiece, or on the back d space does not
1. ❑ Addressee's Address
m perms.
y s Wnte'Retum Receipt Requested' on the mailpiece below the article number.
p. ❑ Restricted Delivery
c •The Return Receipt vnll show to whom the article was delivered and the date
delivered.
Consult postmaster for fee.
0
g 3. Article Addressed to:
4a. 'cle Number
3o(o // 39G
Eo'
4b. Service Type
.. L
❑ Registered p�stl
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❑ Express Mail ❑Insurured
❑ RetumReceiptfor Merchandise ❑ COD
7. Date of Delive V/-
5. Receivedt Bye (Pnn-W /ygme , �
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8. Addressee's Address (Only if requested
and fee is paid)
C t ld
see pf Agent
6. Siiggnal re: (A resssILJ
D
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PS Form 3811, December 1994 r Domestic Return Receipt

DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION MAIVER.FORM
Name Of Individual Applying For Permit: :B,b
Address Of Property: 30S �lwr�y 6Yi.Fs A
- ui •ln,,, L*4 IVaS`Yo3
(Lot or Str et f, Street or Road, City & County,
I hereby certify that I own property adjacent to the above -
referenced property. The individual applying for this permit has
described to me as shown on the attached drawing the develo ment
they are pr posing. A description or dra 'ng, with dimensi s,
should be rovided with this letter.
I have no objections to this pr alLI)
JUL 2 b 1996
WAIVER SECTION
I understand that a pier, dock, mooring pilings, breakwater, boat
house, lift or sandbags must be set back a minimum distance of 15,
from my area of riparian access unless waived by me. (If you wish
to waive the etback, you must initial the appropriate blank
below.) %s
I do wish to waive the 15'setback requirement.
I do not wish to waive the 15'setback requirement.
. J r-llSM
SigturR /1 Y Date
J0.KclVa 7-. Kt{-1 �qer
Telephone Number With Area Code
ED F—=

BETHEL
& COMPANY, INC.
's'#
:G>.r :k;,n.3;@?i#5'33`A::N...
::a:F»�aiz;:RdiFd:c
1318 Airlie Road
June 14, 1996
Wilmington, North Carolina 28403
To Whom It May Concern:
IJ U L 2 5 1996 D
DIVISION OF
COASTAL MANAGEMENT
Carolina Marine Construction is authorized to draw the major CAMA permit
and make any amendments necessary for 305 Bradley Creek Point Road.
IN WW
ob Bethel
[phone] BEfCO INC @aol.com Fax [phone]

1 F UU ur,a
STA4OF NORTH CAROLINA
COUNTY OF New Hanover
i995 0886
\�o� DEED OF TRUST AND SECURITY AGREEMENT
(PERMANENT LOAN)
(COLLATERAL IS OR INCLUDES FI)(TURES)
THIS DEED OF TRUST AND SECURITY AGREEMENT (the "Deed of Trust") is made and entered into as of this
1st day of March ,1996,byandbetween R -B ethel and wife Jean A. Bethel
whose address is
305 Bradley Creek Point, Wilmington, NC
(hereinafter called the "Grantor" whether one or more in number, a corporation, partnership, or an individual), and
CB Services Corp. ,as Trustee
(hereinafter called the 'Trustee"), and CENTURA BANK, a North Carolina banking corporation, whose principal office address is 134
North Church Street, Rocky Mount, North Carolina, 27804 (hereinafter called the "Beneficiary");
WITNESSETH, WHEREAS, the Grantor is indebted to the Beneficiary in the sum of Three Hundred Thirty -Seven
Thousand Five Hundred and No/ 100------------Dollars (s 337 ,500. 00 ), as evidenced by its note dated
March 1 19 96 (hereinafter called the "Note"), which Note may contain provisions for the adjustment
of the interest rate, adjustments in the payments, extension or renewal of the term, among other things, the terms of which are
incorporated herein by reference and the final date for payment of which, if not sooner paid and if payment thereof is not extended,
is March 1, ,19 99;
AND WHEREAS, the Grantor desires to secure the payment of the Note with interest, and any extensions, renewals, modifications
or amendments thereof, or substitutions or replacements therefor, in whole or in part, the payment of all other sums, with interest
thereon, advanced in accordance with the Note or herewith to protect the security of this Deed of Trust or to protect the rights of the
Beneficiary under the Note or hereunder and to secure the performance of the covenants and agreements of the Grantor contained
in the Note and herein, by a conveyance of the lands and a grant of the security interests hereinafter described;
NOW, THEREFORE, in consideration of the premises and for the purposes aforesaid, and in further consideration of the sum of
One Dollar ($1) paid to the Grantor by the Trustee, receipt of which is hereby acknowledged, the Grantor has given, granted, bargained,
sold and conveyed, and by these presents does give, grant, bargain, sell and convey unto the Trustee, his heirs, successors, and assigns
the following described parcel of land and all improvements now or hereafter located thereon, lying and being in _
Township, New Hanover County, State of North Carolina, and more particularly described as follows:
(Description)
SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED BY REFERENCE HEREICI Z 11CI J +UVj IT—Ki D
Z,
JUL 2 5 1996
000205
DIVISION OF
!!�* COASTAL MANAGEMENT
RCCORDED AND VERIFIED
IdARY SUE DOTS
REGISTER OF DEEDS
NEW HANOVER CO. NC
'96 A9.9 1 PM 9 12
CL30

Such parcel of land together with all structures, buildings and other improvements (hereinafter called the'lmprovemeres"), now or hereafter located thereon being hereinafter called
the "Properly."
TOGETHER WITH all fixtures, equipment and other articles of personal property now owned by the Grantor and located in or upon the Property, or hereafter acquired and located
thereon and used in connection with the operation and maintenance of the Property (hereinafter called the "Collateral").
TO HAVE AND TO HOLD the Property and Collateral, with all the rights, privileges, and appurtenances thereunto belonging or appertaining to the Trustee, his heirs, successors
and assigns, in fee simple forever, upon the trusts and for the uses and purposes hereinafter set out;
And the Grantor covenants with the Trustee that it is seized of the Property and Collateral in fee and has the right to convey the same in fee simple: that title is marketable and
free and clear of all encumbrances; and that it will warrant and defend the title to the Property and Collateral agai viallbwful claims of all pots Ehomscever except for the
exceptions hereinafter slated:
I f.
THIS CONVEYANCE IS MADE UPON THIS SPECIAL TRUST, that if the Grantor shall pay the Note in accordance with its terms, together with interest thereon, and any renewals, ';�
extensions, modifications, amendments, substitutions or replacements thereof in whole or in part, shall pay all sums advanced under the Note or hereunder to protect the security
of this Deed of Trust or the rights of the Beneficiary, together with interest thereon, and shall comply with all the covenants, terms and conditions of the Note and thisc' i;796 3
Deed of Trust,
then this conveyance shall be null and void and may be cancelled of record at the request and at the cost of the Grantor. JUL 2 Section 1. EVENTS OF DEFAULT. The occurrence of any one or more of the following events shall constitute an Event of Default hereunder:
(a) The Grantor's failure to pay when due the principal of and interest on the Note or any other sum due under the Note;
flat The Grantor's breach of any of the terms, conditions or covenants contained in this Deed of Trust; DIVISION OF
(c) The actual or threatened demolition. injury or waste to the Property or Collateral which may impair its value; (,U�STAL MANAGEMENT
(d) The appointment of a receiver for, or the filing of a petition of bankruptcy by or against, the Grantor;
(a) The Grantor's default in or breach of any of the terms, conditions, covenants or agreements contained in any separate assignment of leases given as additional security
for the loan;
(f) The Grantor's default under the terms of any instrument to which this Deed of Trust is subordinate or which is subordinate to this Deed of Trust;
(g) Default by the Grantor in keeping, performing or observing any term, covenant, agreement or condition of Ilse Commitment, if any, upon which the loan hereby secured
was predicated, or default by the Grantor under any separate loan agreement or other agreement executed concurrently with the execution and delivery of this Deed of Trust,
including, without limitation, any agreement containing provisions relating to the rights of the Grantor to receive future advances from the Beneficiary, the repayment of which
is intended to be secured by this Deed of Trust; and
Ih) False statement, misrepresentation or withholding facts by Grantor in any loan application or other instrument provided by Grantor to Beneficiary or its agents as to any
matter relied upon by Beneficiary in evaluating whether to extend financing to the Grantor.
Section 2. REMEDIES UPON DEFAULT. Upon the occurrence of an Event of Default, the Beneficiary and Trustee shall have the following rights and remedies:
(a) The Beneficiary shall have the right, at its option, to declare all amounts payable under the Note to be immediately due and payable, whereupon the same shall become
immediately due and payable, regardless of the maturity date thereof.
(b) On the application of the Beneficiary, if the Beneficiary shall have declared the outstanding principal balance of the Note to be immediately due and payable, the Trustee
shall be obligated, and is hereby authorized and empowered, to expose at one or more sales and sell the Property at public auction(s) for cash and the Collateral, if any, at public
or private salels) for cash, after first having complied with all then applicable requirements of North Carolina law.
Upon such sale(s), the Trustee shall convey title to the purchaser in fee simple. The Beneficiary shall have the right to bid at any sale thereunder. The Trustee may require
the successful bidder at any sale to deposit immediately with the Trustee cash or certified check in an amount not to exceed twenty-five percent (25%) of the bid. provided notice
of such requirement is contained in the advertisement of the sale. The Trustee may reject the bid if the deposit is not immediately made, and thereupon the Trustee may declare
the next highest bidder to be the Purchaser. Such deposit shall be refunded in case a resale is had; otherwise, it shall be applied to the purchase price. If Collateral is sold hereunder,
it need net be at the place of sale. The published notice of public sale, however, shall state the time and place where the Collateral may be inspected prior to sale.
In the event a proceeding to exercise the power of sale contained herein is begun but not completed, the Grantor shall pay all expenses incurred by the Trustee and a partial
commission computed as follows: one-fourth of the hereinafter -specified commission prior to the Trustee's issuance of a notice of hearing on ilia right to foreclose and one hall
of the hereinafter specified commission after the issuance of such notice and prior to a sale. Such expenses and partial commission may be paid by the Beneficiary on behalf
of the Grantor but, in any event, shall be secured by this Deed of Trust.
The foregoing shall in no way be construed to limit the powers of sale or restrict the discretion the Trustee may have under the provisions of Article 2A of Chapter 45 of the
General Statutes of North Carolina, as the same may be from time to time amended, or such other laws as the Beneficiary or Trustee may be proceeding under, including the
Ism relating to judicial foreclosure if such is determined to be either the necessary or appropriate process to follow in foreclosing on the lien of this Deed of Trust. Each legal,
equitable or contractual right, power or remedy of the Beneficiary or Trustee now or hereafter provided herein or by statute or otherwise shaft be cumulative and concurrent and
shall be in addition to every other right, power and remedy. The exercise or beginning of the exercise of any one or more of such rights, powers and remedies shall not preclude
the simultaneous or later exercise of any or all such other rights, powers and remedies and without limiting the foregoing, the Trustee may sell the Properly and Collateral separately
or together, as a whole or in parts or parcels, at one or more sales conducted at different times and places.
(c) The Beneficiary shall have the right to collect rents, issues, profits and revenues according to the terms of Section 8 hereof.
(d) It the Grantor and the Beneficiary have contemporaneously entered into a building loan agreement or any other agreement by any other designation containing remedies
exercisable by the Beneficiary upon the occurrence of an Event of Default thereunder, then the Beneficiary shall be entitled to exercise such rights and remedies as are contained
in such separate agreement. The Beneficiary shall have the right to the appointment of a receiver to collect the rents and profits from the Property and Collateral without consideration
or the value thereof or the solvency of any person liable for the payment of the amounts then owing. The Beneficiary at its option, in lieu of an appointment of a receiver, shall
have the right to do all those things the receiver could have done. If such receiver should be appointed, or if there should be a sale of the Properly and Collateral by foreclosure.
as provided above, the Grantor or any person in possession of ilia Property and Collateral, as tenant or otherwise, shall become a tenant at will of ilia receiver or of the purchaser
and may be removed by a writ of ejectment, summary ejectment or other lawful remedy.
(a) The exercise by the Beneficiary of any right or remedy granted to the Beneficiary or Trustee in law or equity, or by this or any other document shall not be deemed an
irrevocable election of remedies thereby precluding the Beneficiary or the Trustee from exercising or pursuing any other right or remedy granted to the Trustee or the Beneficiary
under this or any other document or at law or in equity. All remedies contained herein or in any other separate agreement executed contemporaneously with the execution of
this Deed of Trust are intended to be cumulative.
Section 3. APPLICATION OF PROCEEDS. Proceeds derived from the exercise of either the power of sale or the collection of rents and profits shall be applied to pay, first,
costs and expenses, including the Trustee's commission in the amount of five percent 15%) in the event of sale, reasonable attorney's fees for legal services actually performed,
and reasonable auctioneer's fees if such expenses have been incurred and any other expenses or advances made or incurred in the protection of the rights of the Trustee or
in the pursuit of any remedy hereunder; second, to taxes and assessments due and unpaid, if the Trustee deems it appropriate to do so; third, to the payment of any indebtedness
(including principal and interest on the Note) secured by this Deed of Trust; and fourth, the balance, if any, to the person or persons entitled thereto.
Section 4. PAYMENT OF AMOUNTS DUE UNDER THE NOTE. The Grantor covenants and agrees that it will pay when due the principal and interest on the Note or
any other sum due under the Note.
Section 5. PAYMENT OF TAXES, ASSESSMENTS AND OTHER AMOUNTS; MAINTENANCE OF INSURANCE.
(a) The Grantor covenants and agrees that it will pay when due, all taxes, assessments, levies and charges upon or against the Properly and Collateral, of every character
which are now due or which may hereafter become liens thereon, including all taxes assessed in North Carolina against the Trustee or the Beneficiary on this instrument or
the sum hereby secured or evidenced by the Note, provided the amount of such latter lazes with the interest on the sum hereby secured does not exceed the maximum contract
rate permitted by law, but if it roes, the excess to he paid by the Beneficiary; and immediately deliver to the Beneficiary official receipts therefor. The Beneficiary may, at its option,
pay any such taxes, assessments, levies, or charges against the Property or Collateral, and the official receipts therefor shall be conclusive evidence of payment, the amount due
and validity thereof. Any amounts so expended shall immediately become debts due by the Grantor payable on demand, shall bear interest at the rate specified in the Note secured
hereby, and their payment shall be secured by this Deed of Trust.
(b) The Grantor covenants and agrees that it will keep the Improvements and Collateral now or hereafter on the Properly insured against loss and damage by lire, tornado
and windstorm, and against such other hazards as the Beneficiary may require, including business interruption (it required by the Beneficiary), in amounts satisfactory to the
Beneficiary, plus an amount sufficient to prevent any co-insurance liability of the owner of the Property or the Beneficiary, for the benefit of the Beneficiary, loss, if any, to be
made payable in the policy or policies of insurance to the Beneficiary as its interest may appear, the loss payable clauses to be in such form as the Beneficiary may require. All
Insurance shall be in companies approved by the Beneficiary and the policies and renewals thereof shall, when issued, be immediately delivered to the Beneficiary to be held
by it and all Insurance policies shall provide for at least ten 110) days prior written notice of cancellation to Beneficiary. The Grantor will pay all premiums for such insurance
when due and immediately deliver to the Beneficiary official receipts therefor. In the event of loss, the Grantor will give immediate notice by mail to the Beneficiary, who may
make proof of loss if not made promptly by the Grantor. Each insurancecompanyconcerned is hereby authorized ands irected to make payment of such lossi irectly to ilia Beneficiary,
instead of to the Grantor and the Beneficiary jointly. The proceeds of any insurance, or any part thereof, may be applied by the Beneficiary, at its option, either to the reduction
of the indebtedness hereby secured or to the restoration or repair of the property damaged. If the Grantor fails or refuses to keep such properly so insured, the Beneficiary may
obtain such insurance without prejudice to its right to foreclose hereunder by reason of such default. The Beneficiary may, at its option, pay any such insurance premiums. The
official receipt for such payment shall be conclusive evidence of the payment, the amount due and the validity thereof. Any amounts se expended shall immediately become debts
due by the Grantor, shall bear interest at the rate specified in the Note secured hereby, and their payment shall be secured by this Deed of Trust.
(c) If required by the Beneficiary, the Grantor agrees that in addition to payments of principal and interest called for by the Note, ilia Grantor shall pay on the first day of each
month, or on the due dale of monthly payments of principal, to the Beneficiary or to its duly authorized agent a sum equal loon -twelfth of the known or ostimatadlby the Benohiawy)
yearly taxes, assessments and insurance premiums on or against the Property and the Collateral. The Beneficiary shall be under no obligation to pay interest on such payments.
The Beneficiary shall hold and apply such payments to the payment of taxes, assessments and insurance premiums as and when due, II the total of such monthly payments shall
exceed the amount needed, the excess shall be held for future needs; but, should such monthly payments at any time fail to provide sufficient funds to pay taxes, assessments
and insurance premiums when due, then the Grantor shall, upon written demand, pay to the Beneficiary within ten I10) days of receipt of such dernand the amount nexcessay
tocover the deficiency. When the Grantor shall have paid the Note, the Beneficiary shall refund to the Grantor any excess funds accumulated hereunder. In the event of a foreclosure
sale, the Beneficiary may apply any balance remaining of the funds accumulated for the above purposes to the payment of the Note.
Section 6. MAINTENANCE OF THE PROPERTY. The Grantor covenants and agrees that it will not commit or permit any waste to the Properly or Collateral, and will keep
the Property and Collateral in as good order, repair, and condition as it is new. reasonable wear and tear excepted. The Beneficiary shall have the right to inspect the Property
and Collateral at all reasonable times. and access thereto shall be permitted for that purpose to it or its authorized agents. Such inspection may include, but not be limited to,
such investigation as Beneficiary in its sole discretion believes necessary to determine the nature and extent of any actual or potential environmental risks, changes, Ilabilities
or contaminauoo relating tothe Property. In the event that such investigation reveals any matter constituting a breach of representation or warranty made by Granter to Beneficiary,
then the costs of such investigation shall be reimbursed to Beneficiary by Grantor.
Section 1r. ANNUAL STATEMENTS. The Grantor covenants and agrees that it will furnish to the Beneficiary when required as a condition of the loan or otherwise requested
by Beneficiary and without cost to the Beneficiary: (a) an annual statement, in form and certified in a manner satisfactory to the Beneficiary, setting forth all income and expenses
derived or incurred from the operation of the Grantor's business conducted on the Property and the operation of any Improvements or Collateral situate thereon within ninety
190) days from the end of the calendar or fiscal year of such operations,and tb) within ninety (go) days of the end of each fiscal year the financial statements tin form and certified
in a manner satisfactory to the Benficiaryl of the Grantor, arid each of the guarantors or enclosers. it any, of the indebtedness hereby secured.
Section 8. ASSIGNMENT OF RENTS, LEASES AND PROFITS.
(a) As further security for the payment of the Note and for the faithful performance of all the covenants, agreements, terms and provisions of this Deed of Trust, the Grantor
hereby sells, transfers and assigns unto the Beneficiary all the Grantor's right, title and interest in and to the rents, issues, profits, revenues, royalties, rights and benefits from
the Property. To that end, the Grantor hereby assigns and sets over unto the Beneficiary all leases of all or a part of the Property now made, executed or delivered, whether written
or verbal, or to be hereafter made, whether written or verbal (hereinafter referred to individually and collectively asTemants' Leases•'). The Grantor hereby authorizes and empowers
the Beneficiary to collect these rents, issues, profits, revenues, royalties, rights and benefits as they shall become due and hereby directs each and all of Ilia tenants of the Properly
to pay such rents, as may now be due or shall hereafter become due, to the Beneficiary, upon demand for payment thereof by the Beneficiary. No such demand shall be made
unless and until there has been a default under the Note m the occurrence of an Event of Default under this Deed of Trust. Until such demand is made, the Grantor is authorized
by the Beneficiary to collect or continue collecting such rents, issues, profits, revenues, royalties, rights and benefits; provided, however, the Grantor shall not collect any rents
more than two months in advance without the prior written consent of the Beneficiary.
. (b) The Grantor covenants and agrees: (I) that it will promptly and fully keep, perform and comply with all the terms,provisions,covenants, conditions and agreements imposed
upon or assumed by it as landlord (or similar designation) under the Tenants' Leases, and (III that it will not do, permit anything to be done, or omit or refrain from doing anything,
the doing or omission of which will give any tenant a right to terminate any of the Tenants' Leases.

(c) If the Grantor lihall, in any manner, fail in any of the above covenants alf d aQee®et. the Beneficiary m& (f�t s&I not be obligated to) lake any action the Beneficiary deems
necessary or desirable to prevent or cure any default by the Grantor in the perfermdoc of compliance wi any the Grantor's covenants or obligations under any of the Tenants'
Leases. Tlya Beneficiary shall have the right to enter upon the Property to such extent and as often as the Beneficiary, in it sole discretion, deems necessary or desirable in order
to prevent or cure any such default by the Grantor. The Beneficiary may expend such sums of money as the Beneficiary, in its sole discretion, deems necessary for any such purpose.
The Grantor hereby agrees to pay to the Beneficiary, immediately upon demand, all sums so expended by the Beneficiary, together with interest thereon from the dale of each such
payment at the rate provided for in the Note. All sums so expended by the Beneficiary, and the interest thereon, shall be secured by this Deed of Trust. The Grantor will give the
Beneficiary immediate notice by certified mail of any notice of default or notice of cancellation received from any tenant.
Section 9. CONDEMNATION. Upon the condemnation of the Property or any part thereof, the entire unpaid balance of the Note shall, at the option of the Beneficiary, at once
become due and payable. Any award paid for such taking is hereby assigned to the Beneficiary to further secure the payments due under the Note. The Beneficiary is hereby authorized
and empowered (but not required) to collect and receive such award and is authorized to apply it in whole or in pan in reduction of the then outstanding debt secured by this Deed
of Trust, notwithstanding the fact that the debt may not then be due and payable. Any amounts so applied to principal shall be applied to the principal last maturing hereon. The
Grantor agrees to execute such further assignments of any such awards as the Beneficiary may require.
Section 10. SALE OR TRANSFER OF PROPERTY; JUNIOR LIENS. It all or any part of the Properly, many interest or estate therein, is said, further encumbered or otherwise
transferred by Grantor (including without limitation by way of mortgage, deed of trust, or declaration of trust) without the Beneficiary's prior written consent, the Beneficiary at its
option may declare the whole sum secured by this Deed of Trust with interest thereon to be immediately due and payable without regard to the date of maturity of the obligation
to pay any such sum; provided, however, that the Beneficiary may waive this right of acceleration and permit the assumption of the obligations secured hereby on such terms and
conditions, specifically including, without limitation, an increase in the interest rate charged under the Note, and the payment of fees. as it may deem appropriate. If the Grantor is
a corporation with thirty-five (35) or fewer shareholders, the aggregate transferfs) of voting shares in the Grantor whereby persons or entities not owning on the date hereof, singly
or in the aggregate. 50%or more of the voting shares of such Grantor, become the owner(s), singly or in the aggregate, of 50% or more of such voting shares, shall be deemed a
sale of the Property for the purposes of this Section; if the Grantor is a limited or general partnership, any change in general partnership interestfs) in the Grantor shall be deemed
a sale of the Property for the purposes of this Section; provided, however, no change in general partnership interest(s) or transfer of voting shares occasioned by devise, descent or
operation of law upon the death of a shareholder or a general partner, as the case may be, shall constitute a sale of the Property for the purposes of this Section. The Grantor hereby
covenants to give the Beneficiary notice by certified mail of any sale, further encumbrance or transfer of the Property, as contemplated by this Section, within ten (10) days after
the occurrence of such sale, further encumbrance or transfer.
Section 11. SECURITY AGREEMENT. (a)This Deed of Trust shall constitute a security agreement with respect to all Collateral of the Grantor now owned or hereafter acquired
and located upon the Property and used in the operation and maintenance of the Improvements. The Grantor hereby grants to the Beneficiary a security interest in the Collateral
including, without limitation, all boilers. all healing, air conditioning and ventilating components and systems, all lighting, electrical power, plumbing, sprinkler and water components
and systems, all carpets, wall coverings, screens and drapes, all mechanical and hydraulic components and systems and all appliances (including stoves, ranges, refrigerators, disposals,
dishwashers, washers and dryers, trash compactors and similar appliances) located on and used in connection with the operation or maintenance of the Improvements.
(b) With respect to those items of the Collateral which are or are to become fixtures related to the Property, this Deed of Trust shall constitute a financing statement filed as a
fixture filing. The lien upon fixtures granted herein and perfected hereby shall be in addition to and not in lieu of any lien upon fixtures acquired under real property law.
Section 12. HAZARDOUS MATERIALS. (a) Grantor represents and warrants that, to the best of Grantor's knowledge, after due inquiry and investigation, (i) there are no
Hazardous Materials (hereinafter defined) on the Property, except those in compliance with all applicable federal, state and local laws, ordinances, rules and regulations, and (i) no
owner or occupant nor anyprim owner or occupant of the Properly has received any notice or advice from any governmental agency or any source whatsoever with respect to Hazardous
Materials on, from or affecting the Property. Grantor covenants that the Property shall be kept free of Hazardous Materials, and neither Grantor nor any occupant of the Property
shall use, transport. store, dispose of or in any manner deal with Hazardous Materials on the Property, except to the extent that such use, transport, storage or disposal shall be necessary
and proper for the Grantor to use the Property and carry out the activities set forth in the loan application, commitment letter, if any, or any separate loan agreement or other agreement
executed concurrently with this Deed of Trust, provided that such use, transport, storage, disposal or handling of Hazardous Materials on the Property shall be in compliance with
all applicable federal, state and local laws, ordinances, rules and regulations. Grantor shall not, without prior notice to Beneficiary, engage in any use or activity on the Properly which
results in initial use or increased use, as the case may be, of Hazardous Materials on the Property which were not disclosed to the Beneficiary or described in the loan application,
commitment letter, if any, or separate lean agreement or other agreement executed concurrently with this Deed of Trust. Grantor shall comply with, and ensure compliance by all
occupants of the Property with all applicable federal, slate and local laws, ordinances, rules and regulations. and shall keep the Property free and clear of any liens imposed pursuant
to such taws, ordinances, rules or regulations. In the event that Grantor receives any notice or advice from any governmental agency or any source whatsoever with respect to Hazardous
Materials on, from or affecting the Property, Grantor shall immediately notify Beneficiary. Grantor shall promptly conduct and complete all investigations, studies, sampling, and resting,
and all remedial actions necessary to clean up and remove all Hazardous Materials from the Property in accordance with all applicable federal, state, and local laws, ordinances, rules
and regulations. Grantor further covenants that it will promptly notify Beneficiary of any discharge or release of Hazardous Materials on, from or affecting the Property or of any change
in the nature or extent of any Hazardous Materials, substances or wastes maintained on, in or under the Properly or used in connection therewith, and will transmit to Beneficiary
copies of any citations, orders, notices or other communication received with respect to any other Hazardous Materials, substances, wastes or other environmentally regulated
substances affecting the Properly. The term "Hazardous Materials" as used in this Deed of Trust shall include, without limitation, gasoline, petroleum products, explosives, radioactive
materials, polychlorinated biphenyls or related or similar materials, asbestos or asbestos -containing -materials or any other substance or material defined as a hazardous or toxic
substance or material by any federal, slate or local law, ordinance, rule, or regulation. Grantor's violation of any covenant, representation, or warranty within this Section shall be
an Event of Default, and Beneficiary may pursue all rights and remedies to which it is entitled as set forth in this Deed of Trust.
(b) Grantor shall protect,defend, indemnify and save harmless Beneficiary and the Trustee from and against all liabilities, obligations, claims,damages, penalties, causes of action,
response and cleanup costs, and other costs and expenses (including without limitation reasonable attorneys' fees and expenses), imposed upon or incurred by or asserted against
Trustee or Beneficiary by reason of (i) the presence, disposal, escape, seepage, leakage, spillage, discharge, emission, release or threatened release of any Hazardous Materials (as
defined above in this Section) on, from, or affecting the Properly or any other property; (a) any personal injury (including wrongful death) or property damage (real or personal) arising
out of or related to such Hazardous Materials; (iii) any lawsuit brought or threatened, settlement reached, or government order relating to such Hazardous Materials; or (iv) any violation
of laws, orders, regulations, requirements, or demands of government authorities which are based upon or in any way related to such Hazardous Materials, including, but not limited
to, the following laws: the Comprehensive Environmental Response, Compensation, and Liability Act; the Resource Conservation and Recovery Act: the Clean Water Act; ilia Toxic
Substances Control Act; Coastal Area Management Act, N.C.G.S. 113A-113 el. seq.; Solid Waste Management Act, N.C.G.S. 13OA-290 at. seq.; Inactive Hazardous Sites Act. N.C.G.S.
138-310et. seq.; Water and Air Resources Act, N.C.G.S. Chapter 143,Article 21; Oil Pollution and Hazardous Substances Control Act, N.C.G.S. Chapter 143, Article 21A; Air Pollution
Control Act, N.C.G.S. Chapter 143, Article 21 B; and the Sedimentation Pollution Control Act of 1973, N.C.G.S. Chapter 113A, Article 4, including, without limitation, the costs and
expenses of any remedial action, attorney and consultant fees, investigation and laboratory lees, court costs, and litigation expenses. Any amounts payable to Trustee or Beneficiary
by reason of the application of this paragraph shall be secured by this Deed of Trust and shall become immediately due and payable and shall bear interest at the rate of interest
specified in the Note secured hereby from the dale loss or damage is sustained by Beneficiary until paid. The obligations and liabilities of Grantor under this indemnification paragraph
of this Deed of Trust shall survive any termination, satisfaction, assignment, entry of a judgment of foreclosure or delivery of a deed in lieu of foreclosure of this Deed of Trust.
(c) Notwithstanding the description of Collateral contained in this Deed of Trust, all Hazardous Materials (as defined in this Section)are specifically excluded from Collateral subject
to this Deed of Trust. In addition, any and all underground storage tanks and piping located on the Properly described above are specifically (check one):
included as part of the Collateral. excluded as part of the Collateral. L—
Section 13. NOTICES. All notices, certificates and other communications hereunder shall be deemed given when mailed by regislere�l or certified mail, postage prepaid, retUr�n!
receipt requested, addressed as follows: if to the Bank, to
if to the Trustee, to
if to the Grantor, to
the Trustee and the Bank may, by written notice given hereunder, designate a differehl address where communications should be sent. utfivir,r
Section 14. MISCELLANEOUS. (a) In the event of the subsequent passage of any law of the Slate of North Carolina deducting from the value of the land for the purposes of
taxation any lien thereon, or amending in any way the laws now in force for the taxation of deeds of bust or debts secured thereby, for state or locat purposes or ilia manner of the
collection of any such taxes so as to affect the interest of the Beneficiary, the whole sum secured by this instrument with interest thereon, at the option of the Beneficiary, shall
immediately become due, payable and collectible without notice to any party.
(b) No delay or forebearance by the Beneficiary in exercising any or all of its rights hereunder or rights otherwise afforded by law shall operate as a waiver thereof or preclude
the exercise thereof during the continuance of any default as set forth herein or in the event of any subsequent default hereunder. In the event that the Beneficiary or the Trustee
voluntarily or otherwise shall become a party to any suit or legal proceeding to protect the Property or to protect the title of the Trustee created by this Deed of Trust, the Trustee
and the Beneficiary shall be saved harmless and shall be reimbursed by the Grantor for any amounts paid, including all reasonable costs, charges and attorney's fees incurred in
any such suit or proceeding. These amounts together with interest on the amounts at the rate set forth in the Note shall be secured by this Dead of Trust and their payment enforced
as if they were a pan of the original debt.
(c) It is specifically agreed that the parties hereto shall in no event be deemed to have contracted for a greater rate of interest than the maximum contract rate permitted by law.
Should a greater amount be collected, it shall be construed as a mutual mistake of the parties and the excess shall be returned to the party making such a payment.
Of The Beneficiary shall at any time have the irrevocable right to remove the Trustee herein named without notice or cause and to appoint his successor by an instrument in
writing, duly acknowledged, in such form as to entitle such written instrument to be recorded in North Carolina. In the event of the death or resignation of the Trustee herein named,
the Beneficiary shall have the right to appoint his successor by such written instrument. Any Trustee so appointed shall be vested with the title to the Properly and shall possess
all the powers, duties and obligations herein conferred on the Trustee in the same manner and to the same extent as though he were named herein as Trustee.
(a) All the terms and conditions of the Commitment, if any, upon which the loan hereby secured is predicated. and a loan agreement, if any, pursuant to which the obligations
secured hereby are incurred, are incorporated by this reference and made a part hereol.
(1) The covenants, terms and conditions herein contained shall bind, and the benefits and powers shall inure to, the respective hours, executors. administrators, successors and
assigns of the parties hereto. Whenever used herein, the singular number shall include the plural, the plural the singular. II two or more parties have joined as Grantor, cacti of the
parties shall be jointly and severally obligated to perform the conditions and covenants herein contained. Notwithstanding the foregoing, any Grantor who executes this Deed of Trust
but who does not execute the Note hereby secured has executed the Deed of Trust only to subject whatever interest such Grantor has or may hereafter have in the Properly and
Improvements and Collateral to the lien and security interest created by this Deed of Trust. The term 'Beneficiary" shall include any payee of the indebtedness hereby secured and
any transleree or assignee thercol, whether by operation of law or otherwise.
IN WITNESS WHEREOF, this Deed of Trust is executed(i) it by individuals, by hereunto setting their hands under seal by adoption of the word "SEAL" appearing next to the individuals'
names, (ii) if by a corporation, by the duly authorized officers of the corporation on its behalf under seal by adoption of the facsimile seal printed hereon for such purpose or, if an
impression seal appears hereon, by affixing such impression seat, or (iii) if by a partnership, by the duly authorized partners of the partnership on its behalf under seal by adoption
of the word "SEAL" appearing next to the name of the partnership and/or the signatures of the partners, on the day and year first above written.
Attest; (NAME OF CORPORATION OR PARTNERSHIP) (SEAL)
By:
(TITLE)
CORP
SEAL
WOen

NORTH CAROLINA, Countyof Brunswick i 9 9 5 0 8 9 9
1, , a Notary Public, do hereby
certify that Robert E. Bethel and wife.' Jean A Bethel
personally appeared before me this day and acknowledged the due execution of the foregoing instrument.
WITNESS my hand and official seal or stamp, this
My commission expires: A/R/98
NORTH CAROLINA, County of
Of 19-V-(j .
Notary Pi
certify that
personally appeared before me this day and acknowledged the due execution of the foregoing
WITNESS my hand and official seal or stamp, this
My commission expires:
NORTH CAROLINA, County of
Of
Notary Public
a Notary Public, do certify that
personally appeared before me
and acknowledged that he is the Secretary of
a 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 himself as its Secretary.
'I (�
WITNESS my hand and official seal or stamp, this day of F,j
My commission expires:
Notaryc JUL 2 5 1996
NORTH CAROLINA, County of
DIVISION OF
,a f0iapJA6,%AgAi�Ft LENT
personally appeared before me
and acknowledged that he is the General Partner of
a Partnership, and that by authority duly given and as the act of the Partnership, the foregoing instrument was signed and sealed
in its name by him as its General Partner.
WITNESS my hand and official seal or stamp, this
day of
My commission expires:
Notary Public
NORTH CAROLINA, County of
The foregoing or annexed certificate of
'19
Notary(iesl Public is (are) re ified to be correct. This instrument was presented for registration and recorded in this office at
Book Page /�
This day of 19y�, At 1 o'clock M.
Register of Deeds
BY:
Rebister of Deeds

_995 Ou85
And the said Grantors do covenant to and with the sa-d
Grantees that they are seized in fee of the above granted and described
premises, and have good right to sell and convey the same in fee simple;
and that the same are free and clear from any and all encumbrances,
except as herein set forth, and that said Grantors shall WARRANT and
DEFEND the title to the same against the lawful claims and demands of
any and all persons whomsoever, excepting the realty mentioned in the
last sentence of the above description, which is located between the low
water line of Wrightsville Sound and the tract herein conveyed.
IN TESTIMONY WHEREOF, Grantors have hereunto set their hands
and seals all the day and year first above written.
i (SEAL)
4043 ISLA. BURNEY, SR. - Fdntor
(SEAL)
BONNIE R. BURNEY - Grantor
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
NEW HANOVER COUNTY NC 03/01/96
50
900.00
srn -n
�O p INA �k: Real Estate
�P k" ' Excise Tax
(1
I, _N�� = llll!`ii�l� a Notary Public in and for
the aforesaid County and State do hereby certify that LOUIS A. BURNEY,
SR., and wife, BONNIE R. BURNEY, personally appeared before me this day
and acknowledged the execution of the foregoing instrument.
WITNESS my hand and notarial seal, this the t day of
1996
My commission expi� °
NOTARY °?
(Notarial Seal)
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
The foregoing certificate
a(�N tary Public, is certified to be
I\-�(Ay-k , 1996.
ry ruoiic 1
n rr•.gnrn tiriD V c�`
_ ;I",QV cu= 0('�jEDJUL 2 5 1996
RECiSTER GF DEEDS DIVISION OF
V ll?,40VER 00. INSTAL MANAGEMENT
'96 M^R 1 Pn `f 12
0
� I'
of ,ok-d . IV,) torn, ,
correct. This the J', day of
MARj uE �OTS jEG?STER OF DEEDS
BZ r/`v (VG. ri
\ Deputy/Ase't r

995 U88`f
-2-
distance) from the preceding point; thence South 42 degrees 45
minutes 22 seconds East 346.62 feet to a point near the high
water line of Wrightsville Sound, said point being in the
traverse line shown on said map by Howard Loughlin, R.L.S.
recorded in Map Book 10, page 27, said traverse line being
more or less along the high water line of Wrightsville Sound;
thence along said traverse line the following calls: North 56
degrees 19 minutes East 27.22 feet to a concrete monument,
North 19 degrees 53 minutes East 51.74 feet to a concrete
monument, and North 82 degrees 45 minutes East 94.63 feet to
an iron pipe in the Western line of the Meares Harriss
property as shown on said map recorded in Map Book 10, Page
27; thence North 42 degrees 45 minutes West 361.05 feet along
the said Harriss line to a concrete monument at the
northwestern corner of said Harriss property; thence South 60
degrees 54 minutes 20 seconds West 5.09 feet to a point, the
beginning of a curve; thence along said curve as it curves to
the North to a point that is South 73 degrees 10 minutes 28
seconds West 58.62 feet (chord distance) from the preceding
point (Curve data - Delta 24 degrees 32 minutes 15 seconds, T-
30.00 feet, R-137.95 feet) thence South 85 degrees 26 minutes
35 seconds West 46.66 feet to a concrete monument at the point
of beginning, and being a portion of the property shown on the
aforementioned map of Bradley Creek Point; together with a
right of way and easement for ingress and egress over and
across all of Bradley Creek Point Road (a private road) shown
on said map. Together with all right, title and interest, if
any, of the Grantors to that land between the low water line
of Wrightsville Sound and the aforementioned traverse line,
being bounded on the East by an extension to the South of the
Eastern line of the above described tract and on the West by
an extension to the South of the Western line of the above
described tract. Being the same realty conveyed to the
Grantors herein by deed recorded in Book 1133, Page 1117, of
the New Hanover County Registry. JUL 2 5 1996�
DIVISION OF
Excepting and reserving, however, to the Grantors, their MANAGEME�
executors, administrators and assigns, a perpetual right'' -oil'
way and easement across and upon said realty an underground
sewer line. Grantors own that certain lot immediately south
and adjacent to the lot conveyed hereto to Grantees, and
Grantor's residence is located on their said lot. Grantor's
sewer line for their residence enters onto, underground, the
tract herein conveyed at a point approximately fifteen (15)
feet north of Grantor's residence, and runs thence westwardly
near the southern boundary of the tract herein conveyed to a
point in the eastern right-of-way of Bradley Creek Point Road
where Grantor's sewer line connects with the New hanover
County sewer system. Grantors, for themselves and their
agents, reserve the right to go upon the tract herein conveyed
where the sewer line is located whenever it is reasonably
necessary for the purpose of inspecting, maintaining, and
repairing said sewer line; provided that in maintaining and
repairing said sewer line Grantors shall return Grantees's
premises as nearly as possible to the same ::ondition as same
was prior to maintenance and repairs. It is the intent of
Grantors to reserve a right-of-way and easement for a sewer
line at the same location where Grantor's current sewer line
is located on the tract herein conveyed.
This conveyance is subject to restrictions as recorded in Book
928, Page 875, of the New Hanover County Registry.
TO HAVE AND TO HOLD the above described lands and premises,
together with all and singular, the rights, privileges, easements,
tenements, duties, obligations and appurtenances thereunto belonging, or
in anywise appertaining unto the said Grantees, in fee simple, FOREVER.

NEW HANOVER COUNTY TAX PARCEL #: R05700-003-013-000
STATE OF NORTH CAROLINA
WARRANTY DEED
COUNTY OF NEW HANOVER
t
uICt1 THIS DEED, made and entered into this JS day of
1996, by and between LOUIS A. BURNEY, SR. and wife,
BONNIE R. BURNEY, of the County of New Hanover, State of North Carolina,
(hereinafter called "Grantor"); and ROBERT E. BETHEL and wife, JEAN R.
BETHEL, of New Hanover County, North Carolina, whose mailing address is
1318 Airlie Road, Wilmington, NC, 28403 (hereinafter called "Grantee"),
(whether one or more persons, firms or corporations.) 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.
000204 wvzz" U Z"
WHEREAS, the hereinafter described realty was conveyed to the
Grantors herein by CARLTON S. PRICKETT, JR. and wife, SUSAN WARREN
PRICKETT, by deed recorded in Book 1133, Page 1117, of the New Hanover
County Registry; and
WHEREAS, in said deed the Pricketts reserved an option to purchase
the realty if the same was offered for sale by the Grantors herein; and
that the Pricketts released their option to purchase by a "Release of
Option To Purchase", dated October 11, 1995, and recorded immediately
prior to or simultaneous with the recording of this deed in the Office
of the New Hanover County Registry; and
WHEREAS, the afore mentioned deed from the Pricketts to the
Grantors herein made the property herein conveyed subject to a right of
way and easement recorded in Book 928, Page 875, of the New Hanover
County Registry; and that said right of way and easement has been
terminated and released by a Release of Easement recorded in Book 1372,
Page 1555, of the New Hanover County Registry;
FURTHER WITNESSETH
The Grantor, for and in consideration of Ten ($10.00) Dollars,
and other valuable considerations paid to them, receipt of which is
hereby acknowledged, has bargained and sold, and by these presents does
hereby bargain, sell and convey unto the said Grantee the following
lands located in the County of New Hanover, State of North Carolina, and
being more particularly described as follows:
BEGINNING at a concrete monument in the Eastern right of way
line of Bradley Creek Point Road (60 foot right of way), said
monument being North 11 degrees 40 minutes 15 seconds East
25.00 feet (chord distance) from the southeastern end of curve
#10 as shown on the map of Bradley Creek Point dated November
1968 by Howard Loughlin, R.L.S. and recorded in Map Book 10,
Page 27 of the New Hanover County Registry; running thence
from said beginning point along the said eastern right of way
line of Bradley Creek Road as it curves to the west to a point
at the southeastern end of said curve #10 that is South 11
degrees 40 minutes 15 seconds West 25.00 feet (chord distance)
from the beginning monument; thence South 18 degrees 08
minutes 08 seconds West 20.07 feet to a point at the
Northeastern end of curve #11 as shown on said map; thence
along the said right of way line of Bradley Creek Road as it
curves to the east to a concrete monument that is located
South 16 degrees 55 minutes 47 seconds West 20.51 feet (chord
DRAFTSMAN: LOUIS A. BURNEY
BURNEY, BURNEY, & JONES
P.O. BOX 89/110 N. 5TH AVE.
WILMINGTON, NORTH CAROLINA 28402
Retumed To

uVt^i i� I r.U�
19 9 5 0 8 9 0 EXHIBIT 'A'
BEGINNING at a concrete monument in the Eastern right of way line
of Bradley Creek Point Road (60 foot right of way), said monument
being North 11 degrees 40 minutes 15 seconds East 25.00 feet (chord
distance) from the southeastern end of curve #10 as shown on the
map of Bradley Creek Point dated November 1968 by Howard Loughlin,
R.L.S. and recorded in Map Book 10, Page 27 of the New Hanover
County Registry; running thence from said beginning point along the
said eastern right of way line of Bradley Creek Road as it curves
to the west to a point at the southeastern end of said curve #10
that is South 11 degrees 40 minutes 15 seconds West 25.00 feet
(chord distance) from the beginning monument; thence South 18
degrees 08 minutes 08 seconds West 20.07 feet to a point at the
Northeastern end of curve #11 as shown on said map; thence along
the said right of way line of Bradley Creek Road as it curves to
the east to a concrete monument that is located South 16 degrees 55
minutes 47 seconds West 20.51 feet (chord distance) from the
preceding point; thence South 42 degrees 45 minutes 22 seconds East
346.62 feet to a point near the high water line of Wrightsville
Sound, said point being in the traverse line shown on said map by
Howard Loughlin, R.L.S. recorded in Map Book 10, page 27, said
traverse line being more or less along the high water line of
Wrightsville Sound; thence along said traverse line the following
calls: North 56 degrees 19 minutes East 27.22 feet to a concrete
monument, North 19 degrees 53 minutes East 51.74 feet to a concrete
monument, and North 82 degrees 45 minutes East 94.63 feet to an
iron pipe in the Western line of the Meares Harriss property as
shown on said map recorded in Map Book 10, Page 27; thence North 42
degrees 45 minutes West 361.05 feet along the said Harriss line to
a concrete monument at the northwestern corner of said Harriss
property; thence South 60 degrees 54 minutes 20 seconds West 5.09
feet to a point, the beginning of a curve; thence along said curve
as it curves to the North to a point that is South 73 degrees 10
minutes 28 seconds West 58.62 feet (chord distance) from the
preceding point (Curve data - Delta 24 degrees 32 minutes 15
seconds, T-30.00 feet, R-137.95 feet) thence South 85 degrees 26
minutes 35 seconds West 46.66 feet to a concrete monument at the
point of beginning, and being a portion of the property shown on
the aforementioned map of Bradley Creek Point; together with a
right of way and easement for ingress and egress over and across
all of Bradley Creek Point Road (a private road) shown on said map.
Together with all right, title and interest, if any, of the
Grantors to that land between the low water line of Wrightsville
Sound and the aforementioned traverse line, being bounded on the
East by an extension to the South of the Eastern line of the above
described tract and on the West -by an extension to the South of the
Western line of the above described tract.
�! JUL 2 5 1996 -
D!V!S!ON OF
COASTAL MANAGEMENT

July 22, 1996 { -
AU l7
Mr. Michael Conard D;bic:r,.;;\s.OF
Carolina Marine Construction COASTAL MANAGEIMEI.;T
P 0 Box 7303
Wilmington NC 28403
RE: Shore Acres Company, Inc. - Sand Spoil
305 Bradley Creek Point Road
Dear Mr. Conard:
Pursuant to our recent telephone conversation, I am confirming
same. Dr. E. Lawrence Lee, President of Shore Acres Company,
Inc., has granted you permission to deposit Sand Spoil on the
island closest to your project which has been prepared and
approved for this purpose and owned by Shore Acres Company,
Inc. The cost for this privilege will be $1.00 per Cubic
Yard of Sand Spoil with a minimum of $500.00. The
implementation of all permits and expenses involved will be
your responsibility. All work must meet the criteria set
forth by The U. S. Corp of Engineers and CAMA.
You will be held responsible to see that Coastal Deep Water,
the dredging company, abides by the above described requirements.
Sincerely,
Carl N. Mathis, Jr.
Agent
AUTHORIZED:
E. Lawrence Lee
President
Shore Ares Company, Inc.
This —
day of July, 1996
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Return to: JOHN H. PHILLIPS, P.A.
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Prepared by: Samuel A. McConkey, Attorney at Law
Morehead City, North Carolina
Parcel No. 13-00711-01-46
NORTH CAROLINA
CARTERET COUNTY
THIS WARRANTY DEED made and entered into this g day of March, 1995 by and between:
PAUL F. HODGES and wife IONA O. HODGES
of Carteret County, North Carolina
(hereinafter called "Grantors")
and
ROSE OLIVER HATCHER and husband DONALD DWIGHT HATCHER
Whose Mailing Address is: c/o Calico Jacks Inn and Marina
Harkers Island Road (NC State Road # 1698)
Harkers Island, North Carolina 28531
(hereinafter called "Grantees")
WITNESSETH:
That the Grantors, for a valuable consideration paid by the Grantees, the receipt and sufficiency of
which is hereby acknowledged, have and by these presents does grant, bargain, sell and convey unto
the Grantees in fee simple all of the certain tract or parcel of land situated in Harkers Island
Township, Carteret County, North Carolina and more particularly described as follows:
TRACT ONE:
BEGINNING at an existing iron pipe in the Northern Right of Way
margin of the Harkers Island Road (North Carolina State Road # 1335),
which point is the South East corner of the now or former lands of
Lewis, and the point of beginning of Tract 2 in that deed recorded in
'Book 553 at page 340, Carteret County Registry; which point is also
located South 19-59-08 West along the said Lewis East line a distance of
132.95 feet from US Forest Service Monument #12 located at the South
West corner of the lands of the U. S. Forest Service, Cape Lookout
National Seashore property.
FROM SAID POINT OF BEGINNING located above, running thence
North 19-59-08 East along the East line of said Lewis property a distance
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of 132.95 feet to US Forest Service Monument #12; running thence
South 70-00-00 East and with the South line of the lands of the U. S.
Forest Service, Cape Lookout National Seashore property distance of
156.41 feet to a point; running thence South 27-13-06 West a distance of
141.59 feet to a point in the Northern right of way margin of the Harkers
Island Road (NC State Road # 1335); running thence North 68-31-51
West and along the Northern Right of Way margin of said Harkers
Island•Road (NC State Road # 1335) a distance of 138.94 feet to the
point or place of beginning.
Containing 0.46 acres, more or less, and being a portion of Tract 2 in
that deed recorded in Book 553 at page 340, Carteret County Registry.
As per survey by James L Phillips RLS and Associates dated January 31,
1995 entitled "Survey and Subdivision for Paul F. Hodges and Iona O.
Hodges".
TRACT TWO:
BEGINNING at an Iron Pipe located at the Southern Right of Way
margin of the Harkers Island Road (NC State Road # 1335) and the
North East corner of the now or former Ed (Duck) Lewis property and
the North West corner of the Paul F. Hodges property, formerly the E.
T. Credle property;
F1ROM SAID POINT OF BEGINNING, running thence South 66-01-25
East and with the Southern Right of Way margin of said Harkers Island
Road (NC State Road # 1335) a distance of 129.85 feet, more or less, to
a point; continuing thence with said-Harkers Island -Road (NC State
Road # 1335) South 67-13-25 East a distance of 112.00 feet, more or less,
to the North West corner of the now or former Bill Kafer property;
running thence South 20-30 West and with the Kafer East line and the
Hodges West line a distance of 236.88 feet, more or less, to a point in the
high water mark of Back Sound; running thence with the high water
mark of Back Sound the following courses and distances, North 56-11
West a distance of 249.68 feet, more or less, to a point in the East line of
the now or former Ed (Duck) Lewis property; running thence North 24-
05-15 East and with the East line of the now or former Ed (Duck) Lewis
East line a distance of 189.54 feet, more or less, to the point or place of
beginning. Together with all riparian and littoral rights incident and
attached thereto.
As per survey by Powell Survey Co., dated December 17, 1986 and being
a, portion of that property conveyed to John J. McCann from E. T.
Credle and from John J. McCann to Paul F. Hodges. Reference is also
made to that survey by J. G. Hassell, Reg. Surveyor dated May 1963 and
BOOKn PAGE� n

entitled "E. T. Credle Property".
TRACT III
There is conveyed herewith, specifically without warranties set forth
hereafter, all of those bulkheads, piers, docks and other improvements
constructed in the waters of Back Sound as attached to and located to
the South of the property described in Tract H above.
This conveyance is made and accepted subject to valid and enforceable
restrictive covenants, easements and encumbrances of record, if any.
Together with all improvements located thereon, and all rights, easements, hereditaments and
appurtenances thereunto belonging.
To have and to hold the aforesaid lot or parcel of land and all privileges and appurtenances thereto
belonging to the Grantees in fee simple, except that Grantors convey any portion of Tract II which
lies in the waters of Back Sound by Quit -Claim conveyance, without warranties of title as set forth
hereafter; and all of Tract III by Quit -Claim conveyance, also without warranties of title as set forth
hereafter.
And the Grantors covenant with the Grantees, that Grantors are seized of the premises in fee simple,
have the right to convey the same in fee simple, that title is marketable and free and clear of all
encumbrances with the exceptions stated herein, and that Grantors will warrant and defend the title
against the lawful claims of all personal whomsoever excluding the exceptions hereinafter stated.
IN WITNESS WHEREOF, the Grantors have hereunto set their hand and seal on the day and year
first above written.
A-a.P '2
Paul F. Hodgef
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BOOK-! 4 PAGE
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NORTH CAROLINA
CARTERET COUNTY
The undersigned Notary Public in and for the above state and county certifies that PAUL F.
HODGES and wife IONA O. HODGES personally appeared before me on this date and
acknowledged the execution of the foregoing instrument.
Witness my hand and official stamp/seal, this 94, day of March, 1995.
Notary Public
My Commission Expires:
G39DTii CAROiINA, CARTERET �UPITi( .,�� /J14k1� . y �•� 1 �
Tile foreooM cerfi',cate(s) of o `.
is (Jte) c,:Ttified is Be correct. This instrument was pro- ° i%lrib+",,.?
sen*ed or r :?ifration r+ i rec316011 in this office in �.
This dad of i1�119 a# O'clock�m.
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