27-05 Nichols, J. & Chesshire, R. & Lomicka, M. & Buxton, J., c/o Coastal Marketing & Development

Permit Class Permit Number
NEW 27-05
STATE OF V`ORT11 CAROLINA
Department of Environment and Natural Resources
and
3 Coastal Resources Commission
Permit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued t0 J.Nichols,R.Chesshire,M.Lomicka&J.Buxton,c/o Coastal Marketing&Development,309 Middle St.,New Bern,NC 28560
Authorizing development in Pamlico County at Dawson Creek, at 142 Sunshine Dr., Shine
Landing S/D, Arapahoe , as requested in the permittee's application dated 8/10/04. including the
attached workplan drawing.dated 5/10/04
This permit, issued on February 24, 2005 , 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 fines im risonment or civil action; or may cause the permit to be null and void.
Docking Facility
1) 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.
2) The permittee shall maintain the authorized work in good condition and in conformance with the terms
and conditions of this permit. The permittee shall not be relieved of this requirement if he abandons the
permitted activity without having it transferred to a third party.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the
other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission.
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
f This permit must be accessible on-site to Department ),
personnel when the project is inspected for compliance.
Ch es S. Jones,Director
Any maintenance work or project modification not covered
hereunder requires further Division approval. Division of Coastal Management
All work must cease when the permit expires on This permit and its conditions are hereby accepted.
December 31, 2008
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program. Signature of Permittee

t
Nichols, et. al. Permit#27-05
Page 2 of 3
ADDITIONAL CONDITIONS
3) 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, shall become a permanent part of this docking facility without permit
modification. No non-water dependent uses of structures shall be conducted on, in or over public trust
waters without permit modification.
4) This permit does not authorize the interference with any existing or proposed Federal project, and the
permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury
which may be caused from existing or future operations undertaken by the United States in the public
interest.
5) The authorized structures and associated activity shall not cause an unacceptable interference with
navigation.
6) 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. The line of division of
riparian access shall be established by drawing a line parallel to the channel, then drawing a line
p perpendicular to the channel line that intersects with the shore at the point where the upland property
line meets the water's edge.
7) In order to ensure consistency with Condition No. 6 of this permit, the permittee shall conduct an as-
built survey depicting the docking facility, property lines and riparian corridor lines. The survey shall be
submitted to the Division of Coastal Management within 60 days of completion of the permitted project.
8) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
9) It is possible that the authorized structure may be damaged by wave wash from passing vessels. The
issuance of this permit does not relieve the permittee from taking all proper steps to ensure the integrity
of the permitted structure and the safety of moored boats.
10) Any portion of the permitted access pier built over coastal wetlands shall not exceed six feet in width
and shall be elevated a minimum of three feet over the wetland substrate as measured from the bottom of
the decking.
Erosion and Sedimentation Control
11) In order to protect water quality, runoff from construction must not visibly increase the amount of
suspended sediments in adjacent waters.
x 12) Appropriate sedimentation and erosion control devices, measures or structures must be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence,
diversion swales or berms, etc.).

t
Nichols, et. al. Permit#27-05
Page 3 of 3
ADDITIONAL CONDITIONS
13) All disturbed areas shall be provided a ground cover sufficient to restrain erosion within 30 calendar
days of project completion.
3
6
General
14) No vegetated wetlands or open water areas shall be excavated or filled, even temporarily.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non-water
dependent activities are not authorized within 50 feet of the normal water level.

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley,Governor Charles S. Jones, Director William G. Ross Jr., Secretary
February 28, 2005
Coastal Marketing&Development
309 Middle Street
New Bern,NC 28560
Dear Sir:
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. Please sign both the original (buff-
colored form) and the copy. 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.Please retain the original(buff-colored
form),as it must be available on site when the project is inspected for compliance.
If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-
121.1 or 113-229.Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office
of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, [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 is 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.
Sincerely,
R^I& V, /I V
Douglas V.Huggett
Major Permits and Consistency Manager
Enclosure
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone]\FAX: [phone]\Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Jerry Nichols, Robert Chesshire, Mark Lomicka, James Buxton
Joint applicants with 25% undivided interest in the property.
2. LOCATION OF PROJECT SITE: 142 Sunshine Drive in Shine Landing Subdivision off SR1302 and
adjacent to Dawson Creek near Arapahoe, Pamlico County
Photo Index - 2000:216-900, R-21 1995: 79-863, Q-22
State Plane Coordinates - X: 2670100 Y: 463400
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - September 1, 2004
Was Applicant Present - No
5. PROCESSING PROCEDURE: Application Received Complete: September 27, 2004
Office - Morehead City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Pamlico County
Land Classification From LUP - Rural/Conservation
(B) AEC(s) Involved: CW, EW,PTA
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - None
Planned - None
(F) Type of Structures: Existing - None
Planned - Pier, finger piers, tie pilings
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands 2424 sq. ft. shaded
(B) Public Trust Areas and Estuarine 2898 sq. ft. usurped,
Waters of Dawson Creek of which 1271 sq. ft.
is shaded
(C) High Ground 360 sq.ft. 300 sq.ft. shaded
graveled
(D) Total Area Disturbed: 5982
(E) Primary Nursery Area: No
(F) Water Classification: SC; NSW Open: No
8. PROJECT SUMMARY: The applicant proposes to construct a 6' X 60' gravel walkway to a 6' X 50'
access over high ground to a 6' X 404' access over wetlands, to a 6' X 203'pier with two 1.5' X 15'
finger piers and 8 tie pilings for four boatslips.

1
FIELD INVESTIGATION REPORT:
Nichols, Chesshire, Lomicka, and Buxton
PAGE #2
9. Nt;RRATIVE DESCRIPTION:
ProjecL, Setting
The site is located approximately 4 miles southeast of the Town of Arapahoe at 142 Sunshine
Drive (Lot 40 in the Shine Landing subdivision), on Dawson Creek, in Pamlico County. The
joint applicants each owns 25% undivided interest in the non-residential lot. The lot slopes from
the Normal Water Level at the northern property boundary to approximately 11' above the
Normal Water Level at the property's southern boundary. The majority of the lot is composed of
freshwater and coastal wetlands. SSpartina alterniflora, Spartina ap tens, S6mus sue.,and Cladium
jamaicense can be found in the coastal wetlands on the property with multiple freshwater wetland
species found over 420' from the property's boundary with Dawson Creek. The property is 80
feet in length along the shoreline. The property rises quickly once beyond the wetland areas to a
flat upland area adjacent to Sunshine Drive.
Dawson Creek is classified SC; NSW by the EMC in the area of the proposed construction
and is less than 1000' from where Dawson Creek is classified SA; HQW NSW. Dawson Creek is
classified by the Division of Marine Fisheries as a secondary nursery area but closed to shell
fishing. Water depths in the area of the proposed boat slips range from -3.4' to -4.2' below the
NWL.
Currently there are no structures adjacent to the property, however, residential houses and
piers have been constructed on other lots within the subdivision. The developers of Shine Landing
Subdivision have installed a community dock for other off waterfront lot owners downstream from
the proposed project location.
Project Proposal
The applicants propose to construct a 6' X 60' marl/gravel walkway from Sunshine Drive to a
6' X 50' wooden access over high ground to a 6' X 404'wooden access over wetlands, to a 6' X
203'wooden pier with two 1.5' X 15' wooden finger piers and 8 wooden tie pilings to create four
15' X 30' boat slips. The access would be elevated 3 feet above the substrate where it crosses
over wetlands. The pier would be located 15' from the adjacent riparian property line to the East
and 20' from the adjacent riparian property line to the West. There are currently no piers on the
properties adjacent to the proposed project. The proposed pier location is within a cove and would
project out into the creek 203 feet beyond the Normal Water Level. Dawson Creek is
approximately 900 feet wide in the vicinity of the proposed pier.
Anticipated Impacts
As proposed the project would impact 660 sq. ft. over high ground, of which 360 sq. ft.
would be impervious surface in the area of the gravel walkway. The access over wetlands would
shade 2424 sq. ft. of wetlands. Construction of the access is expected to produce minor and
temporary impacts on the vegetation and grade/elevation of the wetlands from foot traffic and the
movement of construction equipment. The pier and associated boat slips would usurp 2898 sq. ft.
of Estuarine Waters and Public Trust Areas of Dawson Creek and would
FIELD INVESTIGATION REPORT:

1
Nichols, Chesshire, Lomicka, and Buxton
PAGE #3
---------------------------
create 1271 sq. ft. of shading of shallow water habitat as proposed. Localized turbidity impacts
are expected during pier construction. The pier would extend out from the NWL 203 feet,
approximately twice the length of the typical residential pier in Dawson Creek.
Submitted by: Stephen Lane -Morehead City District - October 18, 2004

i
Form DCNI-W-1
PP AT
LI
C
IO
A
_ �.
;Erg 22
(To be completed by all applicants) 2004
yb. City, town, con munity or land'mar
e t,v
S Ski►��t
Su Vt.)i orL
1. APPLICANT
c. Street address or secondar road number
1q0 Srfhshine, rives
a. Landowner:
� -��a`�e� d. is proposed work within city limits or planning
S.
Name A L 5 t jurisdiction? _ X — Yes No
Address e. Name of body of water nearest project (e.g. river,
creek, sound, bay) 'aw,50 Creek.
City State
Zip Day Phone
3. DF.SCRIP"TION AND PLANNED USE
Fax OF PROPOSED PROJECT
b. Authorized Agent:� —�;.-
o a,Sfiot a. List all development activities you propose (e.g.
Name building a home, motel, marina, bulkhead, pier, and
I —}— excavation and/or filling activities.
Address � /vl i of of t?- -5-Tre e_ 1 Co�S�yu 0. />4Cr lc�i`1�� S�iDS
'Te h
,)
City /% P iA) 13e rR State �C- a,.,�Pr`vu� Stib�ivisian�
`I c�`��d ?SZ-633�-6o ql b. is the proposed activity maintenance of an existing
Zip "t Day Phone p l'o
project, new work, or both? 11(!u)
Fax.5A __�'33- lea c. Will the project be for public, private or commercial
I use? _ 12Vi✓uC. Project name (if any)
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If more space is needed, please attach
NOTE: Pcnrot will 6c irfued in name oJlmidowner(f), gndlor
additional pages. nu�rQoss_t.t-1^ c'a�s�'��
project nante. Q LueAI K j-A
i5 •r r.e d7 Q2o3 fe•"I'�u,_�f _
2. LOCATION OF PROPOSED boatsl►pf.-th� s 1-- ' �� bL �'- d 4
PROJECT o wa��r ,0►^�� r '� Qwvte,rs
�Y ��aWSt'tl,c�iot
Pa i Grp be- dd h e, Wilk wn�x o
a. County Y�dr�l-YP31 t_�TIQ
L.o-rvsP,d To ck ccro q `--slips
p r ffO ci l (Yl q ct r�e5' a Yl oc�e-
v..r ., nto� fJ1 if be. � ' / f-`, cr`.'i_ l.of 417,0,

Form DCM-N11`-1
in. Describe existing wastewater treatment,facilities.
P1oh
4. LAND AND WATER
CIiARACTERISTICS
' ,� ,� c rt5 n.. Describe location and type of discharge
s to waters
o� of the state. (For example, surface runoff, sanitary
arY
a. Siie of entire tract
L-T #4 t ,a wastewater, industrial/commercial effluent,
1.16 cL c- down' and residential discharges.)
b. Size of individual lot(s) u G Nkus,o f�
c. Approximate elevation of tract al>ov��Q��tA�
NWL
GG O G
o. Describe existing drinking water supply source.
d. Soil type(s) and texture(s) of tract PgeaL 1!0
1�o -rir r L,i vte
t �
e. Vegetation on tract r'�1 r� c am_
l this L7" is L°CAC4 S. ADDITIONAL INFORMATION
f, Man-made features now on tract �.I FxAJe�{
1
e, ✓CfIC�CyII d1 SLAbGlIi�1S1DN J
roeAds e,�v'( �►^cACrliv"►tivvo(` "f"cV �/hey V G.IeG n�•e Plan land application form. the
In addition to the completed
g. What is the CAMA Land Us following items must be submitted:
classification of the site? (Co-11 the lOO°t L nd""per'.)
Transitional • A copy or (lie deed (with state application only) or
Conservation Community
Developed other instrument under which the applicant claims
title
_ Rural W15-evuices ether to the affected properties. f the applicant
claiming to be the owner of said property, then
It. How is the Tract zoned by local government? forward a copy of the deed or other instrument under
ri 1 -40 Ke which the owner claims title, plus written permission
from the owner to carry out the project.
i. Is die proposed project consistent with thNappAlicable let including plan view
Yes 7� • An accurate, dated work p (
zoning. ltaable)
(Attach Zoning ro,,,P►ia„�e «' � if�'Pp and cross-sectional drawings) drawn to scale Riefer black
to
Ink on an 8 ll2' by 11" white paper.
j. Has a professional archaeological aX s Mont been Coastal Resources Commission Rule 71.0203 for a
done for the tract? — Yes detailed description.)
If yes, by whom?
National Registered please vole that original drawings are preferred an
k, Is the project located in a N only high quality copies will be accepted. Blue-line
prints or other larger plats are acceptable only if an
historic District eligible�rope�tyolve a National adequate number of quality copies are provided by
Register listed orCorps of
Yes = No applicant. (Contact the U.S. Army
Engineers regarding that agency's use of larger
No drawings.) A site or location map is a part of plat
X -
1, Are there wetland n t Other �`
Coastal (marsh) requirements and it must be sufficiently detailed to
If yr, has a delineation been conducted? _Z9.1—
guide agency personnel unfamiliar with the area to the
(,4(tach documvwarion, if available)

h
f 2 2 2004
Form DCM1I-NIP-1
Morehead City DCM
site. Include highway or secondary road (SR) 6. CERTIFICATION AND PERNUSSION
numbers, landmarks, and the like. TO ENTER ON LAND
• A Storrnwater Certification, if one is necessary.
I understand that any permit issued in response to t})is
• A list of the names and complete addresses of the application will allow only the development described in
adjacent waterfront (riparian) landowners and the application. The project will be subject to conditions
signed return receipts as proof that such owners and restrictions contained ii the permit.
have received a copy of the application and plats
by certified mail. Such landowners must be advised I certify that to the best of my knowledge, the proposed
that they have 30 days in which to submit comments activity—complies with the State of North Carolina's
on the proposed project to the Division of Coastal approved Coastal Management Program and will be
Management. Upon signing this form, the applicant conducted in a manner consistent with such program.
further certifies that such noticehas been provided.
"r�eddoYp� Door � � 5 I certify that I am authorized- to grant, and do in fact,
Name �nyc pam�N g,qod�grant permission to representatives of state and federal
Address y 34 hP� a�9 q —_ review agencies to enter on the aforementioned lands in
n_. �07.
Phone sot �o, connection with evaluating information related to this
Name permit application and follow-up monitoring of the
Address KP 1 ,__T_ _ ay? project.
Phone I further certify that the information provided in this
Name application is truthful to the best of my knowledge.
Address
Phone Y
This is the 'Id day of �vd7
• A list of previous state or federal permits issued for --D L4 N e 0 4- H'Ir v-t So vX - ��-•t�
work on the project tract. Include permit numbers, Print Name [�
permittee, and issuing dates.
Signature
yt B K e- Lz do..ner or Awhori;ed Agew
Please indicate attachments pertaining to your proposed
• A check made payable to the i)epnrtment of project.
Environment, health, and Natural Resources
(DEHNR) to cover the costs of processing the !/A DCM MP-2 Excavation and Fill Information
application. � DCM MP-3 Upland Development
✓ DCM MP4 Structures Information
• A signed AEC hazard notice for projects in N/A DCM MP-5 Bridges and Culverts
oceanfront and inlet areas. N� DCM NIP-6 Marina Development
• A statement of compliance Aith the N.C. NOTE; Please sign and date each attaclvnent in the
(N.C.G.S. 113A - 1 to
space provided at the bottom of each forni.
Environmental Policy Act
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.

Form DCM-'vfP4
�n
STRUCTUI[ZES
SEP 2 2 2004
(Construction within Public Trust Areas) Morehead City DCM
Attach this form to Joint Application for CAMA Major e. Mooring buoys W)A
Permit, Form DCM-MP-1. Be sure to complete all (1) _ Commercial _Community _ Private
other sections of the Joint Application which relate to (2) Number
this proposed project. (3) Des::iption of buoy
(Color, inscription, size, anchor, etc.)
a. Dock(s) and/or Pier(s) '
(1) — Commercial _Community ,- Private
(2) Number O K C w 41 K way
(3) Length �.`� F"r. (4) Width of water body
(4) Width d- -FT. (5) Dist�-tce buoy(s) to be placed beyond
(5) Finger Pie,-s >� Yes No saoreiine
(i). Number
(i i) Length i��fr7. f. Mooring s«acture (boatlift, mooring pilings, etc.) N�A
(iii) Width (1) — Commercial _Community _ Private
(6) Platform(s) Yes X _ No (2) Number
(i) Number (3) Length
(i i) Lenzth (4) «'idt:�
(iii) Width
(7) Number of slips proposed g. Other (c- <:.:zure de:crpnon)
(8) Proximity of stru:::ire to adjacent riparian
property lines k3TT• n riaKT' ao�7: o►,L�1"
(9) Width of water body 9 dO -1-,e-7
(10) Water depth at ware-ward end of pier at
NfLW or IN-VL 14 Fe- --r
b. Boathouse (including cover5d lifts) ► )n
(1) Commerc:al Private -b vtvkectt'%, t` e4V'r►.5ovL- -
(2) Length coc rml Mg r eTl Ka y-'�be✓. Cad.
(3) Width Appli of or Project Name
c. Groin (e.g. wood, sheetpiie, etc.) JQ 1A, Sigmtm-e
(1) Number O lT y
(2) Length(s) mete
d. Breakwater (e.g. wood, sheetpile, etc.) MIA
(1) Lenzdi
(2) Average distance from NtHW, NWL or
wetlands
(3) Maximum distance beyond 1411W, NWL or
wetlands

Form DC1N-NIP-3
rUPLANDr-�
�J
S E P 2 d 2004
DEVELOPMENT �P,��raohead City DC111
(Construction and/or land disturbing activities)
Attach this form to Joint Application for CAMA Major h. Projects that require a CAMA Major Development
Permit, Form DCM-MP-1. Be sure to complete all Permit may also require a Stormwater Certification.
other sections of the Joint Application that relate to this Has a site development plan been submitted to the
proposed project. Division of Environmental Management for review?
✓ Yes No
a. Type and number of buildings, facilities, units or If yes, date submitted 111710A
structures proposed 0_LrJ4171_pa-'h fY'ovn
nave r oa �o rr�acaPe w t���a� ay �v i. Describe pro mse method of sewage disposal.
b. Number of lots or parcels
j. Have the facilities described in Item i. above
c. Density (give the number of residential units and the received state or local approval?
units per acre) O (Attach appropriate documentation)
k. Describe location and type of proposed discharges to
d. Size of area to be graded, filled or disturbed waters of the state (for example, surface runoff,
including roa( s, ditches, etc. 401,X1, for cL sanitary wastewater, industrial/commercial effluent,
Mat-j h Frown 12gt)eo{ ret4 T. "wash down" and residential discharges).
w oad e n wq l K wiry Su rQtcc-, wlatetr Y 14 K oF�' f'vbwt
e. If the proposed project will disturb more than one — ow
acre of land, the Division of Land Resources must OrCrI15S
receive an erosion and sedimentation control plan at
least 30 days before land disturbing activity begins. 1. Describe proposed drinking water supply source
If applicable has a sedimentation and erosion e.g. well community, public system etc.)
control plan been submitted to the Division of Land omit"co 0-!diX mgmicrDa() 'A C -- =5 l— 9 -
Resources? Yes No
If yes, date submitted A] m. Will water be impounded? Yes No
If yes, how many acres?
f. List the materials (such as marl, paver stone,
asphalt: or concrete) to he used for paved surfaces. n. If the project is a oceanfront development, when
/f1aY1 w► e Nsed �o coN51YN was the lot(s) platted and recorded? _
n art t �c !Ya r v j sue, , lf9-ems(lJ
Coatsa r "Kag v. Pa .
g. Give the percentage of the tract within 75 feet of Appl' nt or Project Name
MHW or NWL, or within 575 feet in the case of an
Outstanding Resource Water, to he covered by SignatRl
impervious and/or built-upon surfaces, such as a C
pavement, buildings, rooftops, or to be used for pale —'
vehicular driveways or parking. O "o _
Revised 03/95 400 copies of this public document were printed at a total cost of$7.00 or$ .02 per copy.

April 24, 2004
North Carolina Division of Coastal Management
SEP 2 2 2004
11 Morehead Hwy.City 2 District Morehead City DCM
Hestron Plaza II
Morehead City, NC 238557
Re: Lot 40, Shine Landing
Pamlico County, NC
Dear Sir or Madam:
Please let this letter serve as authorization for Duncan Harrison/Coastal Marketing &
Development Co. to submit application for dock construction permitting on our behalf and act as
our agent as regards the above property, of which we are one-quarter owner.
Thank you for your consideration in this matter and we are available as below should you have
any questions or need anything further.
cerely,
Robert E. and Sharon B. Chesshire
114 Briar Park Dr.
Greer, SC 29651
864-676-1144
cc: Duncan Harrison, Coastal Marketing& Dev. Co.

DIVISION OF COASTAL MANAGEMENT ip
APPLICATION TRANSMITTAL AND PROCESSING RECORD
1) APPLICANT: Jerry Nichols,Robert Chesshire,Mark Lomicka,James Buxton County: Pamlico
LOCATION OF PROJECT: 142 Sunshine Drive in Shine Landing Subdivision off SR 1302 and adjacent to Dawson
Creek near Arapahoe.
DATE APPLICATION RECEIVED COMPLETE BY FIELD: September 27,2004
FIELD RECOMMENDATION: Attached:No To Be Forwarded:Yes
CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES
FIELD REPRESENTATIVE: Stephen Lane DISTRICT OFFICE: Morehead\
DISTRICT MANAGER REVIEW:
B) DATE APPLICATION RECEIVED IN RALEIGH: FEE REC'D: $ Z5-0-
PUBLIC NOTICE RECD: 10/b 4,/D END OF NOTICE DATE: /O 12-0/0
ADJ. RIP.PROP NOTICES REC'D: DEED REC'D:
APPLICATION ASSIGNED TO: ET-r ON: Jo/Zp A
C) 75 DAY DEADLINE: 12-//( I 150 DAY DEADLINE:
MAIL OUT DATE: STATE DUE DATE:
FEDERAL DUE DATE: FED COMMENTS REC'D:
PERMIT FINAL ACTION: ISSUE DENY DRAFT ON
AGENCY DATE OBJECTION NOTES
COMMENTS S:
RETURNED YES NO
Coastal Management-Regional Representative
Coastal Management-LUP Consistency
Division of Community Assistance 0 ulof
Land Quality Section 1 V J U ti `
Division of Water Quality 1 2/ 30/0, '
Storm Water Management(DWQ) IVIA
State Property Office I(/Z700a
Division of Archives&History e"'/oY
Division of Environmental Health t V( Z/cX,
Division of Highways
Wildlife Resources Commission
Division.of Water Resources
Division of Marine Fisheries
Submerged Lands(DMF)

Permit#
DCM Coordinator:
MAILING DISTRIBUTION:
DCM Field Offices:
Elizabeth City (
Morehead Cityl/I -M &vim �1 j Shepk.�
Washington
Wilmington
US Army Corps of Engineers(USACE):
Washington: Mike Bell(NCDOT)
Bill Biddlecome(N OT)
Raleigh Blan
Wilmington: Dave Timpy(NCDOT)
Henry Wicker
Others:
Cultural Resources: R ee edhi11-Early
Environmental Health: Terry Pierce,/
Marine Fisheries: Mike Street
NCDOT: Ken Pact,,," /
Shellfish Sanitation: Patty Fowle✓
State Property Office: Joseph Hendersoi✓
Water Quality: Cyndi Karoly(for non-DOT
John Hennessy(NCDOT)
Water Resources: John Sutfilerlan
Wildlife Resources: Maria Trip
Bennett Wynne
David Cox(NCDOT)
Travis Wilson(NCDOT).
LPO:
FAXING DISTRIBUTION:
Permitee at
Agent at
DCM Field Offices:
Elizabeth City(252/264-3723)
Morehead City(252/247-3330)
Washington(252/948-0478)
Wilmington(910/350-2004)
US Army Corps of Engineers(USACE):
Washington: Mike Bell(NCDOT)
Bill Biddlecome(NCDOT)
Raleigh Bland(252/975-1399)
Wilmington: Dave Timpy(NCDOT)
Henry Wicker(910/251-4025)
CANLA Major Permit Process Manual Page 70 of 70

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
MEMORANDUM
TO: Doug Huggett
FROM: Stephen Lane
SUBJECT: Comments & Recommendations - CAMA Major Permit -
Jerry Nichols, Robert Chesshire, Mark Lomicka, James Buxton, Pamlico County
DATE: February 14, 2005
The following are my comments and recommendations regarding the above mentioned proposal.
The request is to construct a 6' X 60' gravel walkway to a 6' X 50' access over high ground to a
6' X 404' access over wetlands, to a 6' X 203'pier with two 1.5' X 15' finger piers and 8 tie
pilings for four boatslips. Based upon my review I have no objection to the issuance of this
permit but offer the following conditions:
1 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.
2 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
marina/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.
3 The pier/boathouse 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 drawing a line parallel to the channel, then
drawing a line perpendicular to the channel line that intersects with the shore at the point
where the upland property line meets the water's edge.
151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

a-
r
d Any portion of the permitted access pier and docking facilities built over coastal wetlands
must not Mood six feet in width and must be elevated a minimum of three feet over the
wetland substrate as measured from the bottom of the decking.
5 All development within 50 feet of the normal water level must be consistent with
1?nvironmental Management Commission (EMC) Neuse River buffer regulations in place
at the time of such Development.
6 No ,atte;rnpt 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.
7 The authorized structure and associated activity must not cause an unacceptable
interference with iiavigation.
8 This permit authorizes a.maximum of 4 boat slips. At no time shall more than 4 vessels
be moored or docked at the facility. The restriction of the number of vessels shall apply
to all marine vessel types, including but not limited to motorboats, sailing vessels and
Personal watercraft.
NO N"F,_ It is strongly recommended that the permittee exercise all available precautions in
the day-to-day operation of the facility to prevent facility waste from entering the
adjaccia waters. Such discharge, either directly or indirectly, to adjacent waters
COLIM contravene state water quality standards, thereby violating state law.
cc: Tcd Tyndall, Assistant Director, DCM
Terc Barrett, MHC District Manager, DCM
Raleigh Bland, USACE, Washington

N
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
MEMORANDUM
To: Doug Huggett, Major Permits Processing Coordinator
From: Maureen Meehan, DCM Morehead City District Planner
Date: November 10, 2004
Subject: Major Permit Application, Requested by Jerry Nichols, Robert Chesshire, Mark
Lomicka, and James Buxton to construct a gravel driveway,pier with two finger piers,
and 8 tie pilings for four(4)boatslips, on property located at 142 Sunshine Drive in
Sunshine Landing Subdivision, adjacent to Dawson Creek near Arapahoe, Pamlico
County,North Carolina.
LUP Consistency Determination: The proposal is Consistent With&Not in Conflict with the
1992 Pamlico County Land Use Plan certified by the CRC on
July 24, 1992,provided that all applicable local, state, and
federal development guidelines are met.
Overview:
Areas of Environmental Concern (AEC) impacted by the proposal include Estuarine Waters (EW)
and Public Trust Area (PTA), and Coastal Wetland (CW). The Waters at the project site are
classified as SC; NSW and are closed to the harvesting of shellfish. The area is not a Primary
Nursery Area.
The Pamlico County Land Classification Map designates the subject property AECs as
"Conservation". Development within the designated AECs is limited by CAMA regulations and
development guidelines. Applicable or related policy includes the following:
"Except for the requirements established in Policy 10, which exceed the 1 SA NCAC 7H
minimum use standards, Pamlico County will permit those uses which conform to the
general use standards of the North Carolina Administrative Code (1 SA NCAC 7H)for
development within the 15A NCAC 7H as defined Areas of Environmental Concern
identified in this plan as Conservation areas I, III, and IV. The Conservation IV
classification includes estuarine and public trust waters. " (Residential, Commercial,
and Industrial Development Impacts on Resources, Policy 11,pg. IV-14)
"Pamlico County supports the use standards for estuarine and public trust waters as
specifies in 1 SA NCAC 7H.0207. " (Marine Resource Areas, Policy 1,pg. IV-14)
Cc: Tere Barrett, Morehead City District Manager
151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%a Post Consumer Paper

�aSTN[o
STATE OF NORTH CAROLINA
DEPARTMENT OF TkANSPORTATION
MxHAEL F.EASLEY DIVISION OF HIGHWAYS LYNDO TIPPETT
GovERNOR November 4, 2004 SECRETARY
Mr. Doug Huggett, Major Permits Processing Coordinator
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
1638 Mail Service Center
Raleigh, North Carolina 28699-1638
Subject: CAMA Permit Application—Construct a Walkway, A 6'X 203' Pier Including 2
Finger Piers and 8 Tie Pilings in Pamlico County
Mr. Doug Huggett,
The permit application was submitted to this office for review. Find attached the completed
form as requested.
This agency has no comment for the project. It occurs a distance well off the highway right
of way of a non system street in Pamlico County.
Should you have any questions or need additional information, please advise. My number in
the New Bern district office is [phone].
Sincerely,
e�0 7
Aaron C. Everett
District Engineer RECEIVED
NOV 12 2004
AV.OF COASTAL MANAGEMENT
RALEIGH
ACE/rrf
attachment
Copy: Roberto Canales, P.E., Chief Engineer's Office- w/attachments
Judy Slywka, Roadside Environmental Unit- w/attachments
Division Two 9 District Two•209 S. Glenburnie Road-New Bern,N.C. 28560•Phone[phone]

A
AGA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal--Manager�,ent
Michael F.Easley, Governor Charle ;S. Jones, Director William G Ross Jr., Secretary
October 19, 2004OCT
2 7 2004 RECEIVEDMEMORANDUM: MOt'@h
TO: Ruth Leggett
ead Qty DCM OCT 2 6 2004
Division of Community Assistance DIV.OF COASTAL MANAGEMENT
RALEIGH
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE &FILL Permit Application Review
Applicant: Jerry Nichols, Robert Chesshire, Mark Lomicka, James Buxton
Project Location: Pamlico County, 142 Sunshine Drive in Shine Landing Subdivision, off Sr 1302
and adjacent to Dawson Creek near the community of Arapahoe.
Proposed Project: Proposes to construct a 6' X 60' gravel walkway to a 6' X 50' access over high
ground to a 6' X 404' access over wetland, to a 6' X 203' pier with two 1.5' X 15'
finger piers and 8 tie pilings for four boatslips.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by November 8, 2004. If you have any questions regarding the proposed project, please contact
Stephen Lane at [phone]. When appropriate, in-depth comments with supporting data is
requested.
REPLY: This agency has no objection to the project as proposed.
_LZ"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 l/� DATE /o — -2 '�t- —d
151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557
„-- --- I— � -. ., — " , �nnn � ......... ------
.................,.... ..,.

r
}
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr.,Secretary
October 19, 2004
MEMORANDUM:
TO: Maureen Meehan
District Planner
Division of Coastal Management
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE &FILL Permit Application Review
Applicant: Jerry Nichols, Robert Chesshire, Mark Lomicka, James Buxton
Project Location: Pamlico County, 142 Sunshine Drive in Shine Landing Subdivision, off Sr 1302
and adjacent to Dawson Creek near the community of Arapahoe.
Proposed Project: Proposes to construct a 6' X 60' gravel walkway to a 6' X 50' access over high
ground to a 6' X 404' access over wetland, to a 6' X 203' pier with two 1.5' X 15'
finger piers and 8 tie pilings for four boatslips.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by November 8, 2004. If you have any questions regarding the proposed project, please contact
Stephen Lane at [phone]. When appropriate, in-depth comments with supporting data is
requested.
REPLY: e This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED DATE /` aLo
151-B Hwy. 24, Hesfron Plaza II, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G Ross Jr.,Secretary
October 19, 2004
MEMORANDUM: :rf
TO: Dan Sams NOV 0 1 2004
For James Simmons
Division of Land Resources Morehead City DCM
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE &FILL Permit Application Review
Applicant: Jerry Nichols, Robert Chesshire, Mark Lomicka, James Buxton
Project Location: Pamlico County, 142 Sunshine Drive in Shine Landing Subdivision, off Sr 1302
and adjacent to Dawson Creek near the community of Arapahoe.
Proposed Project: Proposes to construct a 6' X 60' gravel walkway to a 6' X 50' access over high
ground to a 6' X 404' access over wetland,to a 6' X 203' pier with two 1.5' X 15'
finger piers and 8 tie pilings for four boatslips.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by November 8, 2004. If you have any questions regarding the proposed project,please contact
Stephen Lane at [phone]. When appropriate, in-depth comments with supporting data is
requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED DATE dcr Z7, zoo
151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557
... -.-- --- I- r. .i -11 111 Innn/ -1. ......... -.---..------

NCDENR NOV 1 2 2004
North Carolina Department of Environment and Natural Resources
Division of Coastal Management Morehead P,,ity DCM
Michael F. Easley, Governor Charles S. Jones, Director William G Ross Jr., rry
October 19, 2004
MEMORANDUM: u L,
TO: Patty Fowler ! OCT Z 0
NCDENR-Division of Environmental Health
Q
Shellfish Sanitation Section
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE &FILL Permit Application Review
Applicant: Jerry Nichols, Robert Chesshire, Mark Lomicka, James Buxton
Project Location: Pamlico County, 142 Sunshine Drive in Shine Landing Subdivision, off Sr 1302
and adjacent to Dawson Creek near the community of Arapahoe.
Proposed Project: Proposes to construct a 6' X 60' gravel walkway to a 6' X 50' access over high
ground to a 6' X 404' access over wetland,to a 6' X 203' pier with two 1.5' X 15'
finger piers and 8 tie pilings for four boatslips.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by November 8, 2004. If you have any questions regarding the proposed project, please contact
Stephen Lane at [phone]. When appropriate, in-depth comments with supporting data is
requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED. r DATE ��• b
151-B Hwy. 24, Hesfron Plaza II, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone]\ Internet: www.nccoastalmanagement.net

P,
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G Ross Jr., Secretary
October 19, 2004
MEMORANDUM:
TO: Ken Pace
NCDOT OCT 2 7
State Construction/Materials Branch
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE &FILL Permit Application Review
Applicant: Jerry Nichols, Robert Chesshire, Mark Lomicka, James Buxton
Project Location: Pamlico County, 142 Sunshine Drive in Shine Landing Subdivision, off Sr 1302
and adjacent to Dawson Creek near the community of Arapahoe.
Proposed Project: Proposes to construct a 6' X 60' gravel walkway to a 6' X 50' access over high
ground to a 6' X 404' access over wetland,to a 6' X 203' pier with two 1.5' X 15'
finger piers and 8 tie pilings for four boatslips.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by November 8, 2004. If you have any questions regarding the proposed project, please contact
Stephen Lane at [phone]. When appropriate, in-depth comments with supporting data is
requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED DATE A,z O
151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone]\ Internet. www.nccoastalmanagemen1.net

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G Ross Jr.,Secretary
October 19, 2004
MEMORANDUM: N O V 2 2 2004 p E C E 0 W E
TO: Joe Henderson nr lead City DCM OCT ? 2 2004
NC Dept. of A i i a ion
State Property Office
DOA STATE PROPERTY OFFICE
FROM: Doug Huggett
'Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE &FILL Permit Application Review
Applicant: Jerry Nichols,Robert Chesshire, Mark Lomicka, James Buxton
Project Location: Pamlico County, 142 Sunshine Drive in Shine Landing Subdivision, off Sr 1362
and adjacent to Dawson Creek near the community of Arapahoe.
Proposed Project: Proposes to construct a 6' X 60' gravel walkway to a 6' X 50' access over high
ground to a 6' X 404' access over wetland,to a 6' X 203'pier with two 1.5' X 15'
finger piers and 8 tie pilings for four boatslips.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by November 8, 2004. If you have any questions regarding the proposed project,please contact
Stephen Lane at(252) 808-2808. When appropriate, in-depth comments with supporting data is
requested.
REPLY: l.� This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED �� DATE I
151-B Hwy. 24, Hestron Plaza II, k1orehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net

RECFiVED MWR —
�
NO V 1 6 2004
IIV.OF COASTAL kWGEMENT
A
RAWGH
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F.Easley, Governor Charles S. Jones, Director William G Ross Jr.,Secretary
October 19, 2004
MEMORANDUM: ��
TO: Renee Gledhill-Early NOV 1 6 2004 OCT '2 2004
NC Dept. of Cultural Resources
Archives &History fyorehead City DCMN4S" ic%cSERVAT1)h OFFICE
FROM: Doug Huggett
P , 2 8
Major Permits Processing Coordinator (/
SUBJECT: CAMA/DREDGE&FILL Permit Application Review
Applicant: Jerry Nichols, Robert Chesshire, Mark Lomicka, James Buxton
Project Location: Pamlico County, 142 Sunshine Drive in Shine Landing Subdivision, off Sr 1302
and adjacent to Dawson Creek near the community of Arapahoe.
Proposed Project: Proposes to construct a 6' X 60' gravel walkway to a 6' X 50' access over high
ground to a 6' X 404' access over wetland,to a 6' X 203'pier with two 1.5' X 15'
finger piers and 8 tie pilings for four boatslips.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by November 8, 2004. If you have any questions regarding the proposed project,please contact
Stephen Lane at(252) 808-2808. When appropriate, in-depth comments with supporting data is
requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED DATE
151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557 NOV 0 1 2004
Phone: [phone] FAX. [phone] Internet: www.nccoastalmanagemenl.net

RECEIVED
, Y' DEC 3 0 2004
NCDENR DIV.C�COAST�R�IGH�hGEMEN7
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G Ross Jr.,Secretary
October 19, 2004
MEMORANDUM: 041797 U
�
F
@1gfl�j
L5 Lg D
Environmental Bio o ical Supervisor D C T 2 2
g P 2004
Division of Water Quality DENR
►�n�wnsa�roATER sQUAU
�J Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Jerry Nichols, Robert Chesshire, Mark Lomicka, James Buxton
Project Location: Pamlico County, 142 Sunshine Drive in Shine Landing Subdivision, off Sr 1302
and adjacent to Dawson Creek near the community of Arapahoe.
Proposed Project: Proposes to construct a 6' X 60' gravel walkway to a 6' X 50' access over high
ground to a 6' X 404' access over wetland,to a 6' X 203' pier with two 1.5' X 15'
finger piers and 8 tie pilings for four boatslips.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by November 8, 2004. If you have any questions regarding the proposed project, please contact
Stephen Lane at [phone]. When appropriate, in-depth comments with supporting data is
requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
I ;�-6 3�
SIGNED DATE
151-B Hwy. 24, Hestron Plaza 11, Nlorehead City, North Carolina 28557
Phone: [phone] FAX. [phone] Internet: www.nccoasta!management.net

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
September 27, 2004
Pamlico News Inc.
Legal Advertisement Section
P.O Box 510
Oriental, NC 28571
Re: Public Notice— Shine Landing S/D - Lot 40
Dear Sir:
Please publish the attached Notice in the Wednesday October 6, 2004 issue of the Painlico News.
The State Office of Budget and Management requires an original Affidavit of Publication prior
to payment for newspaper advertising. Please send the affidavit, an original copy of the
published notice, and an original invoice to Jaye Poole, NC Division of Coastal
Management, 1638 Mail Service Center, Raleigh, North Carolina 27699-1638, Telephone
[phone].
Thank you for your assistance in this matter. If you should have any questions, please contact
me at our Morehead City office.
Sincerely,
Stephen Lane
Coastal Management Representative
Enclosure
cc:Doug Huggett, Major Permits Coordinator
Ted Tyndall, Assistant Director
Tere Berrett, Morehead City District Manager
151-B Hwy. 24, Hestron Plaza Il, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net

NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
The Department of Environment and Natural Resources hereby gives public notice as
required by NCGS 113A-119(b) that application for a development permit in an Area of
Environmental Concern as designated under the CAMA was received on September 22, 2004.
According to said application, Jerry Nichols, Robert Chesshire, Mark Lomicka, and James
Buxton , propose to construct an access over the marsh for a distance of 454 feet, and construct a
pier 203 feet in length with 4 boat slips at Shine Landing S/D Lot # 40, adjacent to Dawson
Creek in Arapahoe, Pamlico County. A copy of the entire application may be examined or
copied at the office of Stephen Lane, NC Division of Coastal Management, located at 151-B
Hwy. 24, Hestron Plaza II, Morehead City,NC, [phone] during normal business hours.
Comments mailed to Charles S. Jones, Director, Division of Coastal Management, 151-B
Hwy 24 Hestron Plaza II, Morehead City, NC 28557, prior to October 26, 2004 will be
considered in making the permit decision. Later comments will be accepted and considered up
to the time of permit decision. Project modification may occur based on review and comment by
the public and state and federal agencies. Notice of the permit decision in this matter will be
provided upon written request.
PUBLISHED ON: Wednesday, October 6, 2004

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
September 27, 2004
Mr. Duncan Harrison
Coastal Marketing and Development Co.
309 Middle Street
New Bern, NC 28560
Dear Mr. Harrison:
The NC Division of Coastal Management hereby acknowledges receipt of your application
submitted to this office by you on behalf of your clients for State approval for development within
Estuarine Waters, Public Trust Area, and Estuarine Shoreline located at Shine Landing S/D Lot
40, adjacent to Dawson Creek, Pamlico County. It was received on September 22, 2004, and
appears to be adequate for processing at this time. The projected deadline for making a
decision is December 6, 2004. An additional 75-day review period is provided by law when
such time is necessary to complete the review. If you have not been notified of a final action by
the initial deadline stated above, you should consider the review period extended. Under those
circumstances, this letter will serve as your notice of an extended review. However, an
additional letter will be provided on or about the 75th day.
If this agency does not render a permit decision within 70 days from September 22, 2004, you
may request a meeting with the Director of the Division ofCoastal Management and permit staff
to discuss the status of your project. Such a meeting will be held within five working days from
the receipt of your written request and shall include the property owner, developer, and project
NCGS 113A-119(b) requires that Notice of an application be posted at the location of the
proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must
be posted at the property of your proposed development. You should post this notice at a
conspicuous point along your property where it can be observed from a public road. Some
examples would be: Nailing the notice card to a telephone pole or tree along the road rightof-
way fronting your property, or at a point along the road righfof-way where a private road would
lead one into your property. Failure to post this notice could result in an incomplete application.
151-B Hwy. 24, Hestron Plaza Il, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%a Post Consumer Paper

An onsite inspection will be made, and if additional information is required, you will be contacted
by the appropriate State or Federal agency. Please contact me if youhave any questions and
notify me in writing if you wish to receive a copy of my field report and/or comments from
reviewing agencies.
Sincerely,
Stephen Lane
Coastal Management Representative
sdl
Enclosure
cc:Doug Huggett,Major Permits Coordinator
Tere Barrett, District Manager

r i wl �
4
AMA PE MIT
APPLIED R
I'll re. "iefil c a.,+ k , o r► l IA ILf" G h C c ccl�
PROJECT:
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;�• �03 fctt- ., + Gr«k.
COMMENTS ACCEPTED THROUGH
Srr r�� p� k.l r, 4�eeII CAe_'�b00 -- FORM E DETAILS CONTACT
APPLICANT:
Mark !'o'",;k"� TAIACr AIAWh,, THE L AL PETC;
MIT OFFICER BELOW:
�C/tit - /►1o✓� e.. .�
c.10 Co p.ff,/ 1"I ft.kcdl,y cl� Aws l y^--t c to 4`.- (,r, e. — I,
3yq

ADJACENT RIPARIAN PROPERTY OWNER STATEMENT
(FOR A PIER/MOORING PILINGSIBOATLIFT/BOATHOUSE)
I hereby certify that I own property adjacent to �5ee- citaGhtA is
4l'yR2 S"n5hime-3riVe. (Name of Property Owner)�C Parce
property located at L ofi -'qo i vt shine �.aMd ivt q 5u.lJo[I ✓I s t 0n) -f pO
(Lot, Block, Road, etc.) n
on �a�sovt Cree,K , in 7`�V•a(po( Aee 1"aWt�iGo , N.C.
(Waterbody) (Town and/or County)
He has described to me, as shown below, the development he is proposing at that location,
and, I have no objections to his proposal. I understand that a pier/mooring
pilings/boatlift/boathouse must be set back a minimum distance of fifteen feet (15') from my area
of riparian access unless waived by me.
I do not wish to waive the setback requirement.
EP 2 2 2004
I -clu wish to waive that setback requirement. More-head City DCM
------------------------------------------------------------------------------------------------------------------
DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT:
(To be filled in by individual proposing development)
-----------------------------------------------------------------------------------------------------------
Signatu ('
Print or Type Name
$G6-- qqs-a(PsO
Telephone Number Date: 1 {//
0-4

ADJACENT RIPARIAN PROPERTY OWNER STATEMENT
(FOR A PIER/MOORING PILINGSIBOATLIFT/BOATHOUSE)
I hereby certify that I own property adjacent to See- OLitae4tA is
/ya S'k n.sh i tle 3 rive (Name of Property Owner)-
T x f a►rce�
property located at Lot -#q0 in .Sh i r12. �,a.4I A q 5t c,�o[p I"V t S)ova., 4 /10 g2_1010
(Lot, Block, Road, etc.) //
on DctWsovL CrecK , in Are(Po( bide.f )9aw tw , N.C.
(Waterbody) (Town and/or County)
He has described to me, as shown below, the development he is proposing at that location,
and, I have no objections to his proposal. I understand that a pier/mooring
pilings/boatlift/boathouse must be set back a minimum distance of fifteen feet (15') from my area
of riparian access unless waived by me.
- -
I do not wish to waive the setback requirement.
SEP 2 2 2004
I do wish to waive that setback requirement.
Morehead City DC
------------------------------------------------------------------------------------------------------------------
DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT:
(To be filled in by ii:dividual proposing development)
c_
Signature
THW hOPE, RCOPM
Print or Type Name
Telephone Number
Date: 512 5 ,Zoe

Ioouor Aug 19 2003 FILED In PAMLICO County. NC
on Aug 10 2003 at 02.'38 01 PH
i MOO
r by: SUE K WiITFORO
state •t PAMLICO REGISTER OF DEEDS
North Carolina County BOOK 106 PAGE
Real Est at• Excise Tax
NORTH CAROLI NA S E P 2 2 2004
WARRANTY DEED
PAMLICO COUNTY
THIS DEED, made and entered into this the l/I .� da ff P-0.�;03,, by
� '.
and between COASTAL MARKETING & DEVELOPMENT COMPANY, a North Carolina General
Partnership of Craven County, North Carolina, hereinafter referred to as
Grantor and JERRY M. NICHOLLS and wife KATHLEEN M. NICHOLLS of Greer, South
Carolina, whose address is 112 Briar Park Drive, Greer, SC 29651 hereinafter
referred to as Grantees;
W I T N E S S E T H:
That the Grantor, for a valuable consideration paid by the Grantees, the
receipt of which is hereby acknowledged, has and by these presents does
grant, bargain, sell and convey unto the Grantees, their heirs and assigns,
in fee simple, all that certain lot or parcel of land situated in Number Five
Township, Pamlico County, North Carolina and more particularly described as
follows:
SEE ATTACHED EXHIBIT "A"
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 .
And the Grantor covenants with the Grantee, that Grantor is seized of
the premises in fee simple, has the right to convey the same in fee simple,
that title is marketable and free and clear of all encumbrances, except all
RETURNED TO--HENDERSON, BAXTER, TAYLOR & GATCHEL, P.A.
28743 DATE RETURNED PO DRAWER U, NEW BERN, NC 28563

` Rj
r ICJ
S E P 2 2 2004
B= 4W PACE !_
Ly
ericumLcaiiCt:u Of reuLricLions mentioned above, and Lhat: Grantor will warrant
and defend the title against the lawful claims of all persons whatsoever.
The designation Grantor and Grantee as used herein shall include all
parties, their heirs, successors, and assigns, and shall include singular,
plural, masculine, feminine or neuter as required by context .
IN WITNESS WHEREOF, the Grantor has hereunto set their hands and adopted
as their seals the typewritten word "SEAL" appearing after their signatures
hereinbelow this the day and year first above written.
COASTAL MARKETING & DEVELOPMENT COMPANY,
a North Carolina General Partnership (Seal)
(SEAL)
DUNCAN HARRISON, Gener Partner
(SEAL)
-it MICHAEL SANDERS, General Partner
NORTH CAROLINA
CRAVEN COUNTY
I, 1/ t s a Notary Public of the County and
State aforesaid, certify that DUNC HARRISON and J. Michael Sanders, General
Partners of Coastal Marketing & Development Company, a North Carolina General
Partnership, personally appeared before me this day and acknowledged the due
execution of the foregoing document .
WITNESS my hand and notarial seal this th day of August, 2003 .
Not y Public
My Commission Exp des :
1/1- ��c�-�1C1 S •
28743

8001C 1W PAGE 4W
SEP 2 2 2004
NORTH C"OLINA Forehead City DUVI
PAMLICO COUNTY
The foregoing certificate of ie
certified to be correct . This instrument was present for reg' tration thiE
day and hour, and duly recorded in th Ffice of the Register of Deeds of
Pamlico County, North Carolina, in Book , at Page /�.
This the day of J-p go. 2003, at clock M.
Y:
REGIST R OF DEEDS DEPUTY REGISTER OF DEEDS
28743

BOOK P
906 PAGE 951
',RAF
S E P 2 2 2004
Morehead City DCM
EXHIBIT "A"
All that certain lot or parcel of land lying and being situate in Number Five
Township, Pamlico County, North Carolina, and being more particularly
described as follows:
Being all of Lot No. Forty-five (45) , as the same is shown and delineated on
a Map of "Final Plan of SHINE LANDING" , said Map being recorded in Plat
Cabinet A, Slides 133-7 through 133-12, Pamlico County Registry, reference to
said Map being hereby made for a more perfect description of said property.
THIS CONVEYANCE IS MADE SUBJECT to those certain restrictive and protective
covenants recorded in Book 392, Page 517, Pamlico County Registry.
Also conveyed is Boat Slip #1 as shown on the map entitled "Proposed 4 Slip
Marina of Lot 40" recorded in Plat Cabinet A, Slide 135-6, Pamlico County
Registry.
TOGETHER WITH an undivided one-fourth (1/4) interest in Lot Number 40, as
shown on the map entitled "Proposed 4 Slip Marina of Lot 40" as shown on that
map of record in Plat Cabinet A, Slide 135-6, Pamlico County Registry.
Lot 40, Shine Landing, is subject to the following covenants that run with
the land:
There is to be built on Lot 40 a pier to provide four (4) boatslips, the
owner of each slip to have the exclusive use of said slip. The use each
owner makes of the pier shall be such that it does not interfere with the use
of any other owner of the pier. All owners shall be equally responsible for
the maintenance, use, upkeep and replacement of said pier and any owner can
enforce this obligation against any other in any court of competent
jurisdiction in Pamlico County, North Carolina . If any owner, owner' s agent,
servant, employee, tenant, or relative causes damage to the pier, such damage
shall be the sole responsibility of that owner who shall be responsible for
all necessary repairs or replacement . This obligation shall likewise be
enforceable by any other owner in any court of competent jurisdiction in
Pamlico County, North Carolina.
Any improvements constructed on Lot 40 must conform to the restrictive
covenants on Shine Landing Subdivision.
The ownership of the fractional interest in Lot 40 may not be further reduced
and the taxes on said lot shall be paid on a prorata basis and when due .
This obligation may be enforced in t same manner as earlier provided for
maintenance and damage repairs . _.-
The fractional ownership interest in Lot 40 and the boatslip is an
appurtenance to ownership of a lot in Shine Landing and may be sold and
transferred only to a lot owner in Shine Landing. In the event a fractional
owner of Lot 40 and boatslip sells, conveys or transfers owner' s lot in The
Shine Landing, owner must first or contemporaneously transfer the boatslip
and fractional interest in Lot 40 to another owner in Shine Landing or the
transferee of owner' s lot . Failure to so specifically convey said fractional
interest and boatslip shall result in the same being deemed conveyed, sold
and transferred as an appurtenance of owner' s lot .
28575