04-05 Wright, Derek and Sarah

Permit Class Permit Number
NEW (Express Permit Program) -
STATE OF NORTH CAROLINA F-.�. ,• �� °�
Department of Environment and Natural Resour
and JAN 18 U05
Coastal Resources Commission
Permit Mor i`(AW CIty L)CM
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS I I3A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Derek and Sarah Wright, 5A E. Atlanta Street,Wrightsville Beach, NC 28480
Authorizing development in New Hanover County at adj. to Hewlett's Creek, at 7227 NoName
Road, Wilmington.North Carolina , as requested in the permittee's application dated 2/17/04, including the '
attached workplan drawings (3), may of survey dated 9/30/2004 and pages 1-2 of 2 revised 12/10/04.
This permit, issued on Janim 11,200.5 , is subject to compliance with the application (where consistent r
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may F
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. }
Pier and Docking Facility
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1) This permit authorizes only the docks, piers, and other structures and uses located in or over the water that r
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 shall be conducted on/in or over public trust waters without permit
modification.
2) 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.
(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.
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This permit must be accessible on-site to Department
personnel when the project is inspected for compliance.
harles nes, Director
Any maintenance work or project modification not covered Division of Coastal Management
hereunder requires further Division approval.
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

Derek and Sarah Wright Permit#04-0
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ADDITIONAL CONDITIONS Morsheold C,ty L)CM
3) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable
waters at or adjacent to the authorized work.
4) The authorized structure and associated activity shall not cause an unacceptable interference with
navigation.
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5) The permittee shall maintain the authorized work in good condition and in conformance with the terms
and conditions of this permit. The permittee is not relieved of this requirement if he abandons the
permitted activity without having it transferred to a third party.
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6) This permit does not authorize the interference with any existing or proposed Federal project, and the s
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.
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7) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. r
Coast Guard, through regulation or otherwise, on the authorized facilities.
8 An portion of the permitted access ier, landing, platform and docking facility built over coastal
Y p p p g, P g Y
wetlands, shall not exceed six (6) feet in width and shall be elevated a minimum of three (3) feet over F
the wetland substrate as measured from the bottom of the decking.
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9) The construction and/or operation of the authorized facilities shall not directly result in any closure of
any waters that are open to the taking of shellfish. Any such closure directly attributable to the r
authorized marina facility, either now or in the future, shall require that the permittee undertake remedial
actions to remedy the situation. Such actions may include, but are not limited to, a removal of any
unauthorized slips or mitigative measures to reduce or eliminate the cause(s) of the closure.
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10) The permittee is cautioned that this permit does not authorize the placement of tie piles, or any type of
mooring structure, in association with the docking facility. Furthermore, it is possible that the authorized r
structure may be damaged by wavewash from passing vessels. The issuance of this permit does not :f
relieve the permittee from taking all proper steps to ensure the integrity of the permitted structure and
the safety of moored boats. The permittee will not hold the State of North Carolina nor the United
States liable for any such damage.
11) The pier and associated structure shall not exceed one-fourth the width of Hewlett's Creek, as measured j
from the waterward edge of any coastal wetland vegetation that borders the water body, nor shall the r
structures extend into the channel portion of Hewlett's Creek. 3 r
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12) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with
T15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation
within the PNA shall be permitted. Dredging in any manner, including "kicking" with boat propellers, is
not authorized. This prohibition shall be applied and enforced throughout the entire existence of the '
permitted structure.
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Derek and Sarah Wright Permit#04-05
Page 3 of 3
ADDITIONAL CONDITIONS
General
13) The permittee understands and agrees that, if future operations by the United States requires the
removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the
opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause
unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon
due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions
caused thereby, without expense to the United States or the state of North Carolina. No claim shall be
made against the United States or the state of North Carolina on account of any such removal or
alterations.
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14) This permit does not authorize the excavation or filling of any wetlands or open water areas, even
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temporarily.
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NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, A
approvals or authorizations that may be required.
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NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non-water
dependent activities are not authorized within 30 feet of the normal high water level.
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NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No.
(COE Action Id.No. 200500008),which was issued on 10/7/2004.
NOTE: The deed submitted with the permit application indicated that the property lines extend below the
mean high water line. The permittee is advised that the State of North Carolina claims title to all
lands falling waterward of the mean high water line.
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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
January 11, 2005
CERTIFIED MAIL 7004 1160 0004 4619 6988
RETURN RECEIPT REQUESTED
Derek and Sarah Wright
5A E. Atlanta Street
Wrightsville Beach,NC 28480
Dear Mr.Wright:
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 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 self-addressed stamped envelope. Signing the permit and proceeding means you have waived
your right of appeal as described below.
If you object to the permit or any of the conditions,you may request a hearing pursuant to NCGS
113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter
150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714,
[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.
Ve ly yo ,
D
press Permits C r • or
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX:'910-350-20041 Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

DIVISION OF COASTAL MANAGEMEN t`' '-
FIELD INVESTIGATION REPORT a C T 6
?004
1. APPLICANT'S NAME: Derek and Sara Wright h4® ehead City 1
2. LOCATION OF PROJECT SITE: 7227 No Name Road,off Masonboro Sound Road,adjacent to
Hewletts Creek,New Hanover County.
Photo Index - 2000: Not available 1995: Not available 1989: Not available
State Plane Coordinates - X: 715819 Y: 48767 Rover File—0-082519A
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit—3/17/04, 5/24/04 and 8/25/04
Was Applicant Present -No
5. PROCESSING PROCEDURE: Application Received—3/16/04, completed 10/1/04
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Wilmington/New Hanover County
Land Classification From LUP—Conservation, Resource Protection
(B) AEC(s) Involved: CW, PT, EW, ES
(C) Water Dependent: Yes
(D) Intended Use: Community/Private
(E) Wastewater Treatment: Existing -None
Planned -None
(F) Type of Structures: Existing—None
Planned - Proposed piers, L-head and floating dock
(G) Estimated Annual Rate of Erosion: N/A
Source -N/A
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER(Shaded)
(A) Vegetated Wetlands 2,580 sq. ft.
(Spartina alterniflora)
(B)Non-Vegetated Wetlands
(C) Other 1,554
(open water) incorporated
sq. ft.
(D) Total Area Disturbed: 2,964 sq. ft.
(E) Primary Nursery Area: Yes
(F) Water Classification: SA Open: Open to east/ Closed to west
8. PROJECT SUMMARY: The applicant proposes to construct a private pier, with a terminal L-
head platform and associated floating dock.

Derek and Sara Wright OCT 6 2004
Page Two
9. PROJECT DESCRIPTION: Morehead City 0 [Vl
The project site is located at 7227 No Name Road, off Masonboro Sound Road, adjacent to
Hewlett's Creek, in New Hanover County. To get to the property take College Road south from
Wilmington and turn left(east) onto Holly Tree Road. Continue east on Holly Tree and the road
will turn into Masonboro Sound Road. Follow Masonboro Sound Road and turn left onto No
Name Road just before Cove Point Drive. No Name Road has a small man made sign that hangs
off the shoulder of the road. Once on No Name Road, continue until the road takes a ninety
degree turn to the right. The subject property will be located in the turn on the left hand side.
The subject property is currently undeveloped, however the applicant has submitted a permit
application to New Hanover County, under the CAMA Minor Permit Program, for a construction
of a residence, entrance bridge and retaining wall. The entire tract, including the small, detached
island(locally known as"Goat Island")recorded on the deed, is approximately 5.47 acres.
Elevation at the site ranges from 2' to 4' above Normal High Water(NHW). High ground
vegetation at the site consists of Live Oaks, Magnolias,Pines, Maples and Red Cedars.
Understory vegetation consists of Red Cedars, Wax Myrtles and Yaupons. Vegetation on the
island consists of Live Oaks, Red Cedars and Wax Myrtles. The island is separated from the
remaining high ground by a variety of coastal wetland species including, Smooth Cordgrass
(partina alternitlora) and Black Needle Rush (Juncus roemarianus). High marsh coastal
wetland species include; Spike Grass (Distichlis Wicata), Black Needle Rush Juncus
roemarianus), Sea Lavender (Limonium, spp.), Glasswort (Salicornia, spp.), and Salt
Meadow Grass (Spartina patens) complete the transitional zone to the high ground. There is
Sea Oxeye (Borrichia frutescens), Grounsel-bush (Baccharus halimifolia) and Marsh Elder (Iva
frutescens shrubs intermixed in the high marsh vegetation.
The applicant did not qualify for a CAMA General Permit due to the presence of a community
docking facility that is located on the southern corner of the subject property. The docking
facility, which includes a small 8' x 12' L-head platform and 6' x 20' floating dock is used
by the residence of the Cove Point Subdivision.
The Wilmington-New Hanover County Land Use Plan classifies the area as Conservation. The
waters of Hewlett's Creek are classified SA,by the Division of Water Quality. The area is
designated as a Primary Nursery Area(PNA),by the Division of Marine Fisheries and is open to
the taking of shellfish.
PROPOSED PROJECT:
The applicant is proposing to construct a 6' x 310' pier to access to the island from the high
ground section of the property. The proposed pier would begin along the southern peninsula of
the high ground and span toward the east approximately 310'. The pier would terminate on the
island just above the normal high water line and would step down to the high ground section of
the island. The pier would pick back up on the opposite end of the island and would span in a
southerly direction(towards Hewlett's Creek) approximately 125'.

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Derek and Sara Wright %
Page Three
Wipfehead City
A 12' x 16' L-Head platform would be located on the terminal end of the pier, off to eastern
side. The applicant also proposes to construct a 6' x 32' section of floating dock that would run
parallel to the creek(east/west) and would begin from the proposed platform. The floating dock
would extend in a westerly direction.
10. ANTICIPATED IMPACTS:
The construction of the proposed residential pier, platform and floating dock would incorporate
approximately 1,554 square feet of Estuarine Waters and Public Trust Areas.
The proposed floating dock would be located in an area that would exhibit minimal amounts of water at
low tide. The floating dock section would have to be elevated a minimum of 6" above the creek bottom
in order to prevent the dock from sitting on the bottom at low tide. The applicant has supplied a cross
section drawing indicating his intensions to elevate the proposed floating dock so that it does not rest on
the bottom.
Submitted by: Jason Dail Date: October 1, 2004 Office: Wilmington

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Recommendations for State Permit—Derek and Sarah Wright
I have no objections to the proposed project. Any permit issued should include the following conditions:
1. 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 the structure without permit modification. No non-water
dependent uses of structures may be conducted on, in, or over public trust waters without permit
modification.
2. 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.
3. The authorized structure and associated activity must not cause an unacceptable interference with
navigation and shall not exceed the established pierhead line.
4. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S.
Coast Guard,through regulations or otherwise, on authorized facilities.
5. In order to protect water quality,runoff from the construction must not visibly increase the amount of
suspended sediments in adjacent waters.
6. This permit does not authorize the interference with any existing or proposed Federal project, and, the
permittee will not be entitled to compensation for damage to the authorized structure or work, or injury
which may be caused from existing or future operations undertaken by the United States in the public
interest.
7. 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 project
without having the permit transferred to a third-party.
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JAN 18 Z005
Morehead City DCM

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Form DCM-MP-1
ICA Aid
APPLICAT10kiAN
18 2005
(To be completed by all applicants) Morehead City DCM
b. City, town, community or landmark
1. APPLICANT
c. Street address or s ndary road number
a. Landowner: r75- a-Z MPOoN►aoro 5;,vr`p
Name -Qcr& -0, f 5 R(-a d. Is proposed work within city limits or planning
jurisdiction? Yes No
Address A f- .
"I e. Name of body of water nearest project (e.g. river,
�(`l City l —) J!114 State /0 e. creek, sound, bay) cJlr,,{4� erre,'
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Zip Day Phone (cllcl36 —0(07,3
Fax (q �1 -7-7 3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
b. Authorized Agent: n
Name 1�C� .� ��,�aC7� likes JV�L,(�IY List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
/ excavation and/or filling activities.
Address (�W"" C S �( �t�3 50� Cr�ti� rvc -►' rF a6 `
r I Jl f ( 1i ., C' �'x
City la �� V�;� llh1ZJ� State ? MtN' N G E�ti
'Zip ���1 c� Day Phone r9 1 O `I l3 -y1 t'(3
b. Is the proposed activity maintenance of an existing
Fax (`1 lv 7�y ' �U�
// project, new work, or both? �ileuJ
,
c. Will the project be for public, private or commercial
1 n./A `, use? Wit' uAr e.
c. Project name (if any) o �X U
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
- project. If more space is needed 1 e attach
NOTE: Pernsst will be issued in name of lmidowntr(s),,i�� /or{_`-^'' /
project name. �d N 1�1Q r ,additional pages. C i'oA4- t�icr
iN3 39 t\'0\G \���- ,r access 1-leJ (1-S CJu,L� r
d1,a re
2. LOCATION OF PROP �; 5
PROJECT
\ (� �� ''`�"
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a. County /V2c J (-(E4,V�12T- ( fie, A�yy t;w►A rrrF
Revised 03/95

Form DCM-MR-1
m. Describe existing wastewater treatment facilities.
4. LAND AND WATER k)o nie,
CHARACTERISTICS
a. Size of entire tract S- V11 NlrC6 n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
b. Size of individual lot(s) wastewater, industrial/commercial effluent, "wash
down" and res dential discharges.
c. Approximate elevation of tract above MHW or 5S,r r )A�
NWL 'q 7
d. Soil type(s) and textures of tract o. Describe existin drinking water supply source.
5!4NC�V So�� , fY�UCl VdA/d
e. Vegetation on tract 4ree_5 T`,Z41.
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f. Man-made features now on tract nonle,
5. ADDITIONAL INFORMATION
g. What is the CAMA Land Use Plan land .addition to the completed application form, the
classification of the site. (Consult the local land use plan.) ,
pllo items must be submitted:
Conservation Transitional
Developed Community h`�% 0 A y o��the deed (with state application only) or
Rural Other `y pw�other ffi*ment under which the applicant claims titlg
NIN-
P to ,&g& ected properties. If the applicant is not
h. How is the tract zoned by local government? ,) g to be the owner of said property, then
ward a copy of the deed or other instrument under
f .Y r_. A ich the owner claims title, plus written permission
i. Is the pro pos project consistent with the ap le. Qj*om the owner to carry out the project.
zoning? Yes No �� co
(Attach Zoning compliance certificate, if applicable) P� • An accurate, dated work plat (including plan view
Ci and cross-sectional drawings) drawn to scale in black
j. Has a professional archaeological assessment been ink on an 8 1/2" by 11" white paper. (Refer to
done for the tract? Yes _� No Coastal Resources Commission Rule 7J.0203 for a
If yes, by whom? detailed description.)
k. Is the project located in a National Registered Please note that original drawings are preferred and
Historic District or does it involve a National only high quality copies will be accepted. Blue-line
Register listed or igible property? prints or other larger plats are acceptable only if an
Yes No adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of
1. Are there wetlands o e site? _ZYes No Engineers regarding that agency's use of larger
Coastal (marsh) V Other drawings.) A site or location map is a part of plat
If yes, has a delineation been conducted? requirements and it must be sufficiently detailed to
(Anach docununtation, if available) guide agency personnel unfamiliar with the area to the
Revised 03/95

Form DCM-MP-1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like. 6. CERTIFICATION AND PERNIISSION
TO ENTER ON LAND
• A Stormwater Certification, if one is necessary.
• A list of the names and complete addresses of the I understand that any permit issued in response to this
adjacent waterfront (riparian) landowners and application will allow only the development described in
signed return receipts as proof that such owners the application. The project will be subject to conditions
have received a copy of the application and plats and restrictions contained in the permit.
by certified mail. Such landowners must be advised
that they have 30 days in which to submit comments I certify that to the best of my knowledge, the proposed
on the proposed project to the Division of Coastal activity complies with the State of North Carolina's
Management. Upon signing this form, the applicant approved Coastal Management Program and will be
further certifies that such notice has been provided. conducted in a manner consistent with such program.
Name RC clzr_ � r. •I certify that I am authorized to grant, and do in fact,
Address -71I 7' 6Y V-, (a-- � grant permission to representatives of state and federal
Phone l,J,�M, Axe %LloG (9Id) 313- 11d� review agencies to enter on the aforementioned lands in
-4 connection with evaluating information related to this
► Name f"S ''J A r-C,t1' permit application and follow-up monitoring of the
j 'Address l l (.rY'��5 �c l� project.
)r'Phone (,>1I+k. AXI aYKoy (9io) 76�- 1!
I further certify that the information provided in this
�vName .� �..
"l�y[[ocl, application is truthful to the best of m knowledge.
p"�Address -7 i �" CCre>n� �iL c-. �P Y
r T3 Phone UAIA. J Nr ^ dYgo5 4'`iio)3 i3-a7117
�
• This is the day of A list of previous state or federal permits issued for / /�'
work on the project tract. Include permit numbers, Print Name G�.l G ✓y
permittee, and issuing dates.
Signature
L=downer or Authorized Agent
• A check for $250 made payable to the Department of Please indicate attachments pertaining to your proposed
Environment, Health, and Natural Resources project.
(DEHNR) to cover the costs of processing the
application. DCM MP-2 Excavation and Fill Information
DCM MP-3 Upland Development
• A signed AEC hazard notice for projects in DCM MP-4 Structures Information
DCM MP-5 Bridges and Culverts
oceanfront and inlet areas. DCM MP-6 Marina Development
• A statement of compliance with the N.0 Please sign and date each attachment in the
Environmental Policy Act (N.C.G.S. 113A - 1 ZrT��,
vided at the bottom of each form.
10) If the project involves the expenditure of pub
t
funds or use of public lands, attacha state AFAR
documenting compliance with the North Carolina 6 20Qy
Environmental Policy Act. CO,gS��S OF
ON A4ANA,31MENT
Revised 03/95

JAN.30.2004 9:04AN NCDENR WIRO N0.842- F.2
Form DCM-MP4 !ZD
'AN 1 8 7.005
STRUCTURES Morij1®aa(Construction within Public Trust Areas) City,pCM
Attach this form to Joint Application for LAMA Major e, Mwing buoys
Permit, Form DCM-MP-I. Be sure to complete all (1) Commercial —Commun' —Private
other sections of the Joint Application which relate to (2) Nu er
this proposed project, (3) �escri ' n of buoy
(Color, ins ion e, anchor, etc.)
a- Dock(s) and/or Pier(g)
(1) _ Commercial Community Zprivate
C2) Number 27— ,
(3) Length a (4)7Widfter body
(4) Width ' (5) uoy(s) to be aced beyond
(5) Finger Piers Yes No
(i) Number
(ii) Length f. structure(boatlift, moorin ' n, er:.)
(ill) Width (1) — otnmercial unity. Private
(6) Platform(s) Yes No (2) 1Vatnber
(i) Number (I 1 (3) Len
(i i) Length 1 a (4 th
(iii) Width 16'
(7) Number of slips proposed a g, Other (Cfw Fan, leu dexMprion) 1 /�
(8) Proximity of structure to adjacent riparian ?''kitk, 1?i'Cr" ^^J d dGy g"
property lines t I,7D " -i t a,Sy l
(9) Width of water body t 5_d' _ r e �, 1 i
(10) Water depth at waterward end of pier at ��il�r a v. G f ,
MLW or NWL + G." m�w 9 �
b. athouse (including covered lifts)
XOodV
Commercial PrivatethAPPlicnnt or a
c. G . w , sheetpil , etc.) A miurt
ber / -7th(s) Hate
d. B ( wood, s Be, etc.)rage distance from NWL or
andsimum distance beyond M NW1i. or
wetlands
DIVISION OF
COASTAL MANAGEMENT
Revised 03t95

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Z�.' - ' '• t RESEARCH RESERVE
MANN
MAR 1 6 2004
DIVISION OF
COASTAL MANAGEMENT

�F y,
04U.S. ARMY CORPS OF ENGINE
O x 1.1 ,
0� \Sito
\GN O�M� WILMINGTON DISTRICT p C T 2 5 2004
G
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner D�� J. S O-r 4 S • W r I��
Address A Eas
Telephone No. /b b b
Size and Location of project(water body,road name/number, town, etc.) o
CLS 6y. o t h JI
Description of Activity l D e r 4, c1 w cam,f
OnG.ST�t C.� ►awl c�lc — Kl ✓ 1—\ C J4. SGCi G r
Applicable Law: Section 404(Clean Water Act,33 U.S.C. 1344).
(check all that apply) Section 10(River and Harbor Act of 1899).
Authorization:(P/�}7!`jLbD��Regional General Permit Number. JAN 005
Nationwide Permit Number. MorHh
• ead City pCM
Your work is authorized by this Regional General(RGP)or Nationwide Permit(NWP)provided it is accomplished
in strict accordance with the attached conditions and your submitted plans. If your activity is subject to Section
404 (if Section 404 block above is checked), before beginning work you must also receive a Section 401 water
quality.certification from the N.C. Division of Environmental Management, telephone [phone].. For any
activity within the twenty coastal counties,before beginning work you must contact the N.C. Division of Coastal ,
Management,telephone [phone].
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the conditions
of the RGP or the NWP referenced above may subject the permittee to a stop work order,a restoration order,and/or
appropriate legal action.
This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to obtain
any other required Federal,State,or local approvals/permits. The permittee may need to contact appropriate State
and local agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Permit or Nationwide
Permit,please contact the Corps Regulatory Official specified below.
Date
Corps Regulatory Official Telephone No. Sf- C/p 30
Expiration Date of Verification
SURVEY PLATS, FIELD SKETCH,WETLAND DELINEATION FORMS,PROJECT PLANS,ETC.,MUST
BE ATTACHED TO THE YELLOW(FILE) COPY OF THIS FORM,IF REQUIRED OR AVAILABLE.
CESAW Form 591
Revised July 1995

2(,;04 S:03PM N*0, 99
February 10, Z004
To Whom it may concern:
We, Sara Scott and Derek Wright, authorize Michael Canard 1 Carolina Marine to act on
our beh as our agent, in obtaining permits relating tv property an No Name road.
alf
These permits are in relation to bfidges,retaining walls,pier, does, and general laud
issues.
'Please feel free to contact me with=y questions [phone].
Derek D. Wright 1
E ((I E
1�9RR 1 6 20 �. .
DIVISION Or
COASTAL MANACEMEN)
RI
p jk�0dd llcto
JAN 18 2005
Morehead City DCM

t'tj l .. � 1 ► r11,
1`1 OG 100 er�e�o

DIVISION OF COASTAL MANAGEMENT '
I J ri
APPLICATION TRANSMITTAL AND PROCESSING
6
1) APPLICANT: Derek& Sarah Wright County: New Hanover OCT 20,04
LOCATION OF PROJECT: No Name Road 7227 Masonboro Sound Road, 0 ead'-G DCM
DATE APPLICATION RECEIVED: 03/16/04 COMPLETE BY FIELD: 10/01/04
FIELD RECOMMENDATION: Attached: YES To Be Forwarded:No
CONSISTENCY DETERMINATION: Attached:No To Be Forwarded:Yes
FIELD REPRESENTATIVE: Jason Dail DISTRICT OFFICE: Wilmington
DISTRICT MANAGER REVIEW:
B) DATE APPLICATION RECEIVED IN RALEIGH: FEE REC'D:$
PUBLIC NOTICE REC'D: END OF NOTICE DATE:
ADJ. RIP. PROP NOTICES REC'D: DEED REC'D:
APPLICATION ASSIGNED TO: ON:
C) 75 DAY DEADLINE: 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 COhOdENfS OBJECTIONS: NOTES
RETURNED YES NO
Coastal Management-Regional Representative
Coastal Management-LUP Consistency
Division of Community Assistance
Land Quality Section
Division of Water Quality
Storm Water Management(DWQ)
State Property Office
Division of Archives&History
Division of Environmental Health
Division of Highways
Wildlife Resources Commission
Division. of Water Resources
Division of Marine Fisheries
IL Submerged Lands(DMF)

t
® North Carolina Wildlife Resources Commission
Charles R.Fullwood,Executive Director
MEMORANDUM
# ` 1
TO: Doug Huggett ° o
Division of Coastal Management 4.N �p�5
FROM: Bennett W e
y"n Morehead City DCM
Habitat Conservation Program
DATE: October 26, 2004
SUBJECT: Express CAMA/Dredge & Fill Permit Application for Derek and Sara Wright,
7227 No Name Road, off Masonboro Sound Road,New Hanover County,North
Carolina.
The North Carolina Wildlife Resources Commission has reviewed the project for impacts
to wildlife and fishery resources. A site visit was made on October 22, 2004. 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).
Construction of a private pier 310 ft. from high ground over high quality coastal wetlands
to an island and then 125 further across coastal wetlands to culminate in an L-shaped floating
dock in Hewlett's Creek is proposed. The workplat indicates water depth at the dock footprint is
less than 2 ft. at MLW. Site wetlands provide excellent habitat for raccoon, opossum, muskrat,
wading birds, waterfowl,juvenile fishes, and estuarine invertebrates. Area waters are classified
SA, designated Primary Nursery Area(PNA), and open to shellfish harvest.
Project construction would damage coastal wetland vegetation and may elevate turbidity
(degrade water quality) in a PNA, especially if timed to coincide with the growing season.
Shallow water at the dock location is expected to result in the floating dock laying on the
substrate at low tide, adversely affecting productive intertidal or shallow water habitat. The
shallow water may also prompt future efforts to dredge in a PNA with consequent elevated
turbidity and shallow water habitat loss. The pier will shade productive coastal wetlands. Since
other docks occur adjacent to the proposed project, we are also concerned about the cumulative
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center• Raleigh,NC 27699-1721
Telephone: [phone] ext.281 • Fax: [phone]

10/26!2004 08: 29 2525229736 B WYNNE PAGE 02
Derek& Sara Wright pier/dock 2 10/26/04
potential for shellfish closure. Based on these concerns, we recommend the following permit
conditions.
1. Project construction shall avoid the April 1 to September 30 period of
peak biological activity.
0
2. Floating dock construction shall be such that at least 1 ft. of clearance
will be provided between the dock and creek substrate at low tide.
3. No dredging will be allowed.
4. Pier decking will be elevated a minimum of 4 ft. off the marsh substrate.
5. Cumulative effects of adjacent docks and the subject one will not result.
in a shellfish closure.
Thank you for the opportunity to comment on this application. If you have questions,
please call me at 252 522-9736.
JAN 18 2005
reheEld City pC
D
(� M
OCT 2 7 2004 jJ
DIVISION OF
COASTAL MANAGEMENT

G
Harshbarger
7119 East Creeks Edge Road O C T 2 7 2004
Wilmington,NC 28409
910-799-2326 Morehead City DCM
October 25,2004
Charles S.Jones,Director
Division of Coastal Management
Hestron Plaza II
Highway 24
Morehead City,NC 28405
This is in response to the application for a development permit in an Area of Environmental
Concern under the CAMA submitted March 17,2004 by:
Derek and Sara Wright
J.O.Carr Estates
Part of Estates 14, 15, 16
Dear Mr.Jones,
We strongly object to the pier,platform and floating dock proposed by Derek and
Sara Smith. This proposed pier and dock will interfere with riparian access of multiple
Cove Point property owners and will not comply with the 15 foot setback requirements.
The pier length dramatically extends beyond the established pier length along the shoreline.
There already is a community pier for No Name Road.
We also object because of potential destruction to our property from this massive
pier and dock in the event of a hurricane.We have sustained damage in each of the recent
hurricanes from neighboring docks,none of which are anywhere near the size of this
proposed dock and pier.
This project will violate the water quality standards for wetlands and is inconsistent
with the land use plan.
The wildlife that lives in this marsh area is in jeopardy. Each year we watch osprey
return to a nest on Goat Island.The construction of this monstrosity will surely end this
tradition along with a significant negative impact on all the fish and wildlife in the cove.The
fragile state of Hewlett's Creek is in jeopardy with the addition of this project.
We request that you deny the application request by Derek and Sara Wright.
Sincerely,.r I
Joiin and Jane Harshbarger

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•

R. E. Corbett, Jr.
7117 East Creeks Edge Drive
Wilmington, North Carolina 28409
October 21,2004
Mr. Charles S. Jones
Director, Division of Coastal Management ! j
Hestron Plaza.II, 151-B Hwy 24 t
Morehead City,NC 28557
JAN 1 2005
Dear Mr. Jones:
Morehead City DCM
This letter is in response to the October 6, 2004 Legal Notice in the Wilmington Star-News regarding
the filing of an application for CAMA major development permit for Mr. and Mrs. Derek Wright to
construct a 428' pier on Hewlett's Creek at 7227 No Name Road,off Masonboro Sound Road, in New
Hanover County.
Our objections are as follows:
• The land in question is within a flood hazard area according to the flood insurance rate map
for New Hanover County(community panel 3701680091 E, Rev Sept. 3, 1992).
• There currently exists a comparable common pier for the residents of No Name Road. Mr.
and Mrs. Wright are members of that community and already have access to the pier. There
is no justification for another pier for the No Name Road community.
• The proposed pier would connect to a small island in the marsh where a large nest exists
which has been used by a pair of great horned owls in the winter and ospreys in the summer.
The pier would interrupt their nesting.
• During past hulricanes much pier debris and floating docks have ended up on adjacent
property in this cove and this pier would be one more source of debris and damage to
adjacent property owners.
• When the adjacent property, Cove Point,was developed in 1991 the developers planned to
purchase this same property and construct a community pier for the homeowners of Cove
Point. So many objections were raised by Hewlett Creek residents the developers decided
not to proceed. At the time numerous articles and letters to the editor were printed in the
local newspaper objecting to the pier. Now one family wants to build on the exact location
when a pier already exists with a few feet that are accessible to them.
My wife and I grew up in Wilmington(we are now 69 and 74 years old) and we always understood that
the marshland could not be privately owned. How can Mr. and Mrs. Wright now have title to this
property that is predominately marsh being covered with water at high tide?

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We appreciate CAMA factoring in these objections for this major development permit at 7227 No Name
Road, Wilmington,NC.
Very truly yours,
R.E. Corbett,J .
Copy:
Mr. Jason Dail
N.C. Environment and Natural Resources
Division of Coastal Management
127 Cardinal Drive Extension
Wilmington,N. C. 28405
Mr. David Barefoot,
Attorney
P. O. Box 1766
Wilmington,N. C. 28402
�.1
JAN 16 ?005
Morehead City DCM

A"rio-FAY'
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 21, 2004
John C. Bullock C� 12 5 2004
7115 East Creek Edge Drive
Wilmington,NC 28409 COASTAL DIVISION
M O AOEMENT
Dear Mr. Bullock:
Thank you for your October 8, 2004 letter concerning the Coastal Area Management Act
permit application submitted by Derek and Sarah Wright, who have requested authorization to
construct a pier in Hewlett's Creek in New Hanover County. The Division of Coastal
Management appreciates you-concerns about the proposed project, and I can assure you that your
comments will be given consideration prior to the Division taking any final action on the
proposed project. Your comments will also be made a permanent part of the project record, and
you will be notified of any final actions taken on the permit application. Please feel free to
contact Jason Dail at [phone] if you have any questions or additional comments on the
proposed project.
Sincerely,
� d
Charles S. Jones
JAN �. � 2005
�Vlorehea� City DGM
cc: Jason Dail, DCM— Wilmington
Jim Gregson, DCM— Wilmington
Ted Tyndall, DCM—Morehead City
Hestron Plaza II, 151-B Highway 24, 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�
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
TRN
October 21, 2004 E (.J F H V E
OCT 2 5 2004
Karl and Claudia Interrante D
7235 Masonboro Sound Road DIVISION OF
Wilmington,NC 28409
COASTAL MANAGEMENT
Dear Mr. and Ms. Interrante:
Thank you for your October 10, 2004 letter concerning the Coastal Area Management
Act permit application submitted by Derek and Sarah Wright, who have requested authorization
to construct a pier in Hewlett's Creek in New Hanover County. The Division of Coastal
Management appreciates you concerns about the proposed project, and I can assure you that your
comments will be given consideration prior to the Division taking any final action on the
proposed project. Your comments will also be made a permanent part of the project record, and
you will be notified of any final actions taken on the permit application. Please feel free to
contact Jason Dail at [phone] if you have any questions or additional comments on the
proposed project.
Sincerely, ,
0 C�as
Charles S. Jones wreheacl olty DOM
cc: Jason Dail, DCM—Wilmington
Jim Gregson, DCM—Wilmington
Ted Tyndall, DCM—Morehead City
Hestron Plaza II, 151-B Highway 24, 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

State of North Carolina IwAk
Department of Environment
and Natural Resources VV
Wilmington Regional Office
Division of Marine Fisheries NCDENR
Michael F. Easley Governor NORTH CAROLINA DEPARTMENT OF
Preston P. Pate, Director
ENVIRONMENT AND NATURAL RESOURCES
October 14, 2004
fl
O
0Cr
MEMORANDUM �`Oq ,9
STq� Q)AI
U �
o 1. �
F
TO: Doug Huggett '9C�FM� 05
NT JAN 1. 8 20
FROM: Fritz Rohde
SUBJECT: Derek and Sara Wright March6ad C(ty DCM
This project is located on Hewletts Creek which is a Primary Nursery Area(PNA). The
waters are very shallow in this part of the creek and the channel is narrow. The DMF has always
been concerned about floating docks in PNAs that rest on the bottom during part of the tidal
cycle. We have often objected to this practice since it is detrimental to the productivity of the
PNA. The applicant is proposing to elevate the dock 6" above the bottom using rebar to avoid it
resting on the bottom. DMF has concerns as to the effectiveness of this procedure. The DMF
recommends that the applicant use a fixed level dock with a step down, similar to what was
recently used on a project in Bradley Creek. This would avoid impacts to the bottom but still
allow use of the creek.
127 Cardinal Drive Ext.,Wilmington,North Carolina 28405 Telephone [phone] FAX [phone]
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OCT 12 Z004
Morehead City DCM
October 8, 2004
Mr. Charles S. Jones, Director
Division of Coastal Management
Hestron Plaza II Suite 151-
Hwy. 24
Morehead City,NC 28557
Dear Sir:
This letter is in response to the notice in the Star-News Wednesday, October 6 ,
2004 regarding the application for a CAMA permit at 7227 No Name Road on Hewletts
Creek.
I have written many letters and made dozens of phone calls to prevent this
bulkhead and pier from being built. I am attaching the letter I wrote to the Division of
Coastal Management here in Wilmington on March 10, 2004. It outlines my
environmental concerns as well as those of Mr. Todd Miller of the North Carolina
Coastal Federation. I am also including in this packet his fax to me regarding this
project.
Please send someone else to look carefully at this site. Even thought Mr. Dail
says it meets CAMA criteria for granting a permit, the project is environmentally
disastrous. I therefore respectfully request that you deny this application. Please notify
me of you decision.
Sincerely,
John C. Bullock,
7115 East Creeks Edge Drive
Wilmington, NC 28409
cc: Mr. Todd Miller
Rep. Danny McComas
Rep. Carolyn Justice

NOV-29-2004 16:44 From: To:4 P.4/4
` IVE
OCT 19 2M4
NCDENR DIVI ION OF '
North Carolina Department of Environment and Nat�R@�py`cAANAGEMENT
Division of Coastal Management
Michael F.Easley,Govamor Charles S.Jones, Director William G.Ross Jr.,Secretary Z7
�xgress Permit
October 1, 2004
MEMO NDUM:
TO: Fritz Rhode
For Preston.P, Pate, Tr,,Director
Division of Marine Fisheries
FROM: Division of Coastal Management a
Jason Doll
SUBH,CT: CAMA/DREDGE& FILL Permit Application:Review OC1 1 2 i uua
Applicant: 'Derek D, and Sara S. Wrightt '" DMF-HABITAT
Project.Location: 7227 No Name Road,Masonboro Sound Road,New 1 lanover Co.
Proposed Project: O construct a private pier,with a terminal L-head platform and associated floating
dock.
Please indicate below your ngency's position or viewpoint on the proposed.project and return this form
by October 26, 2004, If you have any questions regarding the proposed project,please contact Jason
uo.il at(910) 395.3900. When appropriate, in-depth comments with supporting data is requested.
REPLY: his�aeqy has no objection to the prpj ct as proposedOI S6o
i �o�
This agency fta4no comment on the proposed project.
(/�,Trhis agency approves of the project only if the recommended changes are
incorporated. See attached.
`I"his agency objects to the project for reasons described in the attached comments.
SIGNED .DATE Q � 0
/
127 rdinaf0rive Ext.,Wllming on,North Carolina 28405-38 5
Phone; 910.395.39001 FAX: 910-350-Z0041 Intemet www.nocoastalmanaaement.nel
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DISTRICT 3 OCT
oo\S1 A, GE11 NCDENK o 8 2004
510-M North Carolina Department of Environment and Natural Resources
GG�` Division of Coastal Management
Michael F. Easley,Governor Charles S. Jones, Director William G. Ross Jr., Secretary
Express PermitI Z
ui
October 1, 2004 i
RE CLAE
MEMORANDUM: ® +� QCM
TO: Ken Pace DIV.OF COASTAL MANAGEMENT
NCDOT RALEIGH
State Construction/Materials Branch
FROM:
Division of Coastal Management
Jason Dail
SUBJECT: CAMA/DREDGE & FILL Permit Application Review O C T 1 8 2004
Applicant: Derek D. and Sara S. Wright WrOhead City DCM
Project Location: 7227 No Name Road, Masonboro Sound Road,New Hanover Co.
Proposed Project: To construct a private pier,with a terminal L-head platform and associated floating
dock.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by October 26, 2004. If you have any questions regarding the proposed project, please contact Jason
Dail at [phone]. When appropriate, in-depth comments with supporting data is 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.
SIGNEDTA?IviDATE 1A l�bq�
127 Cardinal Drive Ext.,Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor �8'11es*.:4ones, Director William G. Ross Jr., Secretary
Fx e Permit
TDRECEIVED
� �.
1) OCT 2 5 2004 a�
October 1, 2004 - OCT 2 1 2004
D I V I S I O O E M E N T paa# DIV.OF COASTAL MANAGEMENT
MEMORANDUdASTAL M RALEIGH
TO: Renee Gledhill-Early 636
NC Dept. of Cultural Resources
Archives & History
JA
FROM:
Division of Coastal Management � � 1005
Jason Dail r
a
SUBJECT: CAMA/DREDGE & FILL Permit Application Review rn
1 blip�bc f
Applicant: Derek D. and Sara S. Wright
Project Location: 7227 No Name Road, Masonboro Sound Road, New Hanover Co.
Proposed Project: To construct a private pier,with a terminal L-head platform and associated floating
dock.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by October 26, 2004. If you have any questions regarding the proposed project, please contact Jason
Dail 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.
`1
SIGNED DATE 10 --1� —04
127 Cardinal Drive Ext.,Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper OCT-1 1 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
Express Permit
y �V771
October 1, 2004
MEMORANDUM:
Nov o 12004
1
DIVISION OF
TO: Linda Lewis r'nASTAL MANAGEMENT
Joanne Steenhuis
Division of Water Quality
FROM: Division of Coastal Management
Jason Dail g r ., JAN 8 �0
iVigr� 05
SUBJECT: CAMA/DREDGE & FILL Permit Application Reviev�
C�ty�C
Applicant: Derek D. and Sara S. Wright `vI
Project Location: 7227 No Name Road, Masonboro Sound Road,New Hanover Co.
Proposed Project: To construct a private pier,with a terminal L-head platform and associated floating
dock.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by October 26, 2004. If you have any questions regarding the proposed project, please contact Jason
Dail 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.
Nv P A405 CO&IMUI nl2,U 1C
SIGNED jC DATE 1012,01C
", Iv'/—v
127 Cardinal Drive Ext.,Wilmington,North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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The a he
cons ed as a,no commen
-- dunng tl ommen"�pe`nod.
Division of Coas
Michael F.Easley,Governor Charles S. Jones, Director William G.Ross Jr., Secretary
Express Permit
October 1, 2004
MEMORANDUM:
TO: Dan Sams y�•,
For James Simmons
Division of Land Resources ✓A
FROM: M � � � ?00'�Doug Huggett orals
Major Permits Processing Coordinator Joao c1t 0�
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Af
Applicant: Derek D. and Sara S. Wright
Project Location: 7227 No Name Road, Masonboro Sound Road, New Hanover Co.
Proposed Project: To construct a private pier,with a terminal L-head platform and associated floating
dock.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by October 26, 2004. If you have any questions regarding the proposed project, please contact Jason
Dail 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/7 A
127 Cardinal Drive Ext.,Wilmington,North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: www.nccoastaimanagement.net
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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
Express Permit
October 1, 2004 D fC.F7Prv,
I
MEMORANDUM: ACT ,
2004
TO: Melba Laney _ DI VISION
Ruth Leggett `TA L EMEN T
Division of Community Assistance j4
FROM: Division of Coastal Management
Jason Dail r J,Qv
127 Cardinal Drive Extension
SUBJECT: Wilmington,NC 28405 lication Re��e�vJ�/j Z��S
p ��,,fit
Applicant: Derek D. and Sara S. Wright
Project Location: 7227 No Name Road, Masonboro Sound Road, New Hanover Co.
Proposed Project: To construct a private pier,with a terminal L-head platform and associated floating
dock.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by October 26, 2004. If you have any questions regarding the proposed project, please contact Jason
Dail at(910) 395-3900. When appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
ZThis agency has no comment on the roject.
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
127 Cardinal brive Ext.,Wilmington,North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

NCDENR
North Carolina Department of Environment and Natural Resources
y Elvislop df'C64tal Management
Michael F.Easley, Go rr r Charley Jpnes, Director William G. Ross Jr., Secretary
OCT 19 2004 Exbiess Permit
DIVISION OF
October], 2004COASTAL MANAGEMENT >� I
OCT 6
MEMORANDUM:
` �"►SH gTinRr � ���/J'
TO: Patty Fowler SAN
NCDENR-Division of Environmental Health
Shellfish Sanitation Section
ae
FROM: Division of Coastal Management 01
Jason Dail 3r `ff
SUBJECT: CAMA/DREDGE & FILL Permit Application Review �SHSAN/rAlrjo,,
Applicant: Derek D. and Sara S. Wright
Project Location: 7227 No Name Road, Masonboro Sound Road,New Hanover Co.
Proposed Project: To construct a private pier,with a terminal L-head platform and associated floating
dock.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by October 26, 2004. If you have any questions regarding the proposed project, please contact Jason
Dail 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.
Pu&
SIGNED DATE 3 "d�f
127 Cardinal Drive Ext.,Wilmington,North Carolina 28405-3845
Phone: [phone] FAX: [phone] Intemet: www.nccoastalmanagement.net
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NCV ; 2 2004 Altk_
DIVISION OF NCDENR
COASTAL .No partment of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S.rJonew fecta ► 'jRrq.. iJliam G. Ross Jr., Secretary
Ex r ss Permit
October 1, 2004 D C
MEMORANDUM: °""`" "b��'
OCT - 5 2004
TO: Joe Henderson
NC Dept. of Administration DOA STATE PROPERTY OFFICE
State Property Office
FROM: Division of Coastal Management C29
Jason Dail P1
SUBJECT: LAMA/DREDGE & FILL Permit Application Review BAN 2005
Applicant: Derek D. and Sara S. Wright Orohead City DCA�
�Vl
Project Location: 7227 No Name Road, Masonboro Sound Road, New Hanover Co.
Proposed Project: To construct a private pier,with a terminal L-head platform and associated floating
dock.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by October 26, 2004. If you have any questions regarding the proposed project, please contact Jason
Dail at [phone]. When appropriate, in-depth comments with supporting data is requested.
REPLY: V "T his 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 b I IS1 0
127 Cardinal brive Ext.,Wilmington,North Carolina 28405-3845
Phone: [phone]\FAX: [phone]\Internet: www.nccoastalmanagement.net
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EXPRESS PERMITTING .
The attached application is being processed through the DENR Express Permitting Program.
As such, failure to respond to the Wilmington Regional Office by the listed due-date will be
construed as a no comment. The Express Permitting Program does not allow for extensions
during the comment period. "-: 9vs'
7
ivucnaei r.tasiey,hovernof VIIdllvb Q.JUMM, LAICLAU1 VVIIII4111 V.nubb if.,Jt eldly
October 1,2004 NOV 012 2004 . OCT 2 8 2004 ,
OF
MEMORANDUM: COASTALIMAO AGEMENT Morehead GitY DCM
TO: Travis Wilson -_ _._. .
N ildlife Resources Commission -,,,,,,
FROM: Division of Coastal Management :,, ,;,Do
Jason Dail JA N I
SUBJECT: CA RE DGE&FILL ation he
au city ACM
Applicant: Derek D. and Sara S. Wright
Project Location: 7227 No Name Road, Masonboro Sound Road,New Hanover Co.
Proposed Project: To construct a private pier,with a terminal L-head platform and associated floating
dock.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by October 26, 2004. If you have any questions regarding the proposed project, please contact Jason
Dail at(910) 395-3900. 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.
his 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 -,2
127 Cardinal Drive Ext.,Wilmington,North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet wwwmccoastalmanagement.net

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
tJiic;ael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
April 22,1004
CERTIFIED MAIL#7003 1010 0000 00321860
RETURN RECEIPT REQUESTED
Mr. Michael Conard
Carolina Marine Construction
3600-E South College Road
Wilmington, North Carolina 28412
RE: CAMA Major Permit Application
Derek D. and Sara S. Wright
New Hanover County
Dear Mr. Conard:
The Division of Coastal Management hereby acknowledges receipt of your application for the construction of a pier at 7227
AIasonboro Sound Road, adjacent to Hewletts Creek, in New Hanover County. However, your application lacks information
necessary for complete processing. The attached checklist indicates the deficiencies of your application. If you respond within three
working days from the date of this fax or E-mail, or within five days from the receipt of this letter with the required additional
information, processing of your application will promptly continue and will not be placed on hold. If you are not able to respond.
within three or five days, your application will not be accepted as complete for processing. Additional information may be required
pending further review by the fifteen(15) review agencies. The attached checklist indicates the deficiencies of your application.
If you have any questions concerning this matter, please call me at my Wilmington Office at [phone].
QSincerely,
JAN 1 S 2005
�'Jim)Gregson
trict Manager DCM
IVlorehead City
cc: Doug Huggett
Ted Tyndall
Wilmington Files
127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845
Phone: [phone]\Fax: [phone]\Internet: http://dcm2.enr.state.nc.us
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March 10, 2004
Division of Coastal Management
127 Cardinal Drive Extension
Wilmington,NC 28405
Dear Sir:
We have objected to the proposal of a pier and bulkhead for Derek Wright on
several occasions. These objections were in'a letter to you December 22, 2003. Again,
here are some of the concerns we have in regard to our property and Hewlett's Creek.
1. That the proposed pier will interfere with access to riparian property and does
not maintain setback of 15 feet between any part of the pier and adjacent
property owners' areas of riparian access. 15A NCAC 07H 0208(b)(L)
2. The pier length dramatically extends beyond the established pier length along
the same shore line and violates 15A NCAC 07H 0208(b)(6)(J)(1).
3. The project will violate the water quality standards for wetlands that require
that their function and value be protected. Since the construction over such a
large expanse of coastal wetlands will shade a significant section of marsh,
there are likely to be impacts to these wetlands as well as fish and wildlife
(300 ft. x 6 ft. = 1,800 sq. ft. of shading.) This should not be allowed 15A
NCAC 07H 0208(a)(C). How can the shading of this large an area of marsh
not have negative impacts on the function and value of this marsh?
4. CAMA rules prohibit the issuance of CAMA permits when a project is
inconsistent with the locally adopted plan. These policies apply:
5
V A. Natural Resource Constraints Policy 3.5 ensures the: protection�ff
0 undeveloped barrier islands. These should 5 e�'Uvelbpe '� d';,"ho ld�-04 ';�!
t� identified as public acquisition areas.
r''r t':,,� t 4 Dbe
B. Areas of Environmental Concern Policy 4.4*
u s19uld discourage
p► q� z development of undeveloped barrier and estu isl ds.i S 1 O N O F
P,i_ MANAGEU►ENT
-C C. Section XV Land Classification Map. This arlais within the conservation
IQR classification of the map, and these areas according to the map, should be
preserved in this natural state.
5. In addition to caring about the environment of Hewlett's Creek there is our
concern that the pier would cause immeasurable damage to our property in the
event of a hurricane. Many docks have lasted on this point following storm

surges. If this pier is destroyed, it would become a battering ram against our
property.
Please act wisely and deny the permit for this construction. We appreciate
whatever help you can give us in this matter.
Sincerely,
John C. Bul ock, Jr.
7115 E. Creeks Edge Drive
Wilmington,NC 28409
cc: Mr. Howard Hall
Mr. Henry Wicker
Mr. David Weaver
Mr. Todd Miller
Rep. Danny McComas
4",1Li1�S0� of, Ici�T
CO�cJ�r�a�

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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 1, 2004
FAX: [phone]
2 Pages
Star News
Diane Blake
Legal Advertisement Section
Post Office Box 840 JAN 18 2005
Wilmington, North Carolina 28402
Re: Public Notice - Derek and Sara Wright Morehead City DCM
Dear Ms. Blake:
Please publish the attached Notice in the (October 6, 2004), issue.
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, Division of Coastal Management, 1638 Mail Service Center, Raleigh, North Carolina
27699-1638. The phone number is 919-733-2293. Please send a copy of the affidavit only to Coastal
Management, 127 Cardinal Drive Extension, Wilmington, NC 28405,
910-395-3900.
Thank you for your assistance in this matter. If you should have any questions, please contact me at our
Wilmington office.
Sincerely,
Beverly ive rk
Coastal Management ecretary
Enclosure
cc: File Copy
Doug Huggett
Ted Tyndall
127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845
Phone: [phone]\Fax: [phone]\Internet: http://dcm2.enr.state.nc.us
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NOTICE OF FILING OF ' 'g
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
�f 141V x eo
c� S
a The Department of Environment and Natural Resources hereby gives public notidkO
C4,j
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 March 17,2004.
According to said application, Derek and Sara Wright, proposes to construct a private pier,
with a terminal L-head platform and associated floating dock, 7227 No Name Road, off
Masonboro Sound Road, adjacent to Hewletts Creek, New Hanover County.
A copy of the entire application may be examined or copied at the office of Jason Dail at
The N.C. Environment and Natural Resources, Division of Coastal Management, 127 Cardinal
Drive Extension, Wilmington, North Carolina 28405, (910/395-3900) during normal business
hours.
Comments mailed to Charles S. Jones, Director, Division of Coastal Management, Hestron
Plaza II, 151-B Hwy 24, 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.

M

�ir-"o C
'F�� t' f EHVE
AFFIDAVIT OF PUBLICATION
'T 19 2004
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER l.)IVISION OF
AL MANAGEMENT
Before the undersigned,a Notary Public of Said County and State,
NOTICE OF FILING OF e T.Weil-Tallmad
APPLICATION FOR CAMA g
MAJOR DEVELOPMENT
PERMIT
The Department of Envi-
Who,being duly sworn or affirmed,according to the law,says that he/she is
ronment and Natural Re-
sources hereby gives
public notice as required CLASSIFIED ADVERTISING MANAGER
by NCGS 113A-119(b)
that application for a de-
velopment permit in an of THE STAR-NEWS, INC., a corporation organized and doing business under the Laws of the
Area of
Concern asnvironmental designated State of North Carolina, and publishing a newspaper known as STAR-NEWS in the City of
under the CAMA was re-
ceived on March 17, Wilmington
2004.
According to said applica- NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT
tion, Derek and Sara
Wright, propose to con- The Department of Environment and Natural Resources hereby gives public notice as required
struct a private pier, with
a terminal L-head plat- by NCGS II3A-II9(b)that application for a development permit i it nmental
form and associated
floating,dock, 7227 No Concer
M
Name Road, off ason-
boro Sound Road, adja-
cent to Hewletts Creek,
New Hanover County.
A copy of the entire ap-
plication may be exam- i
ined or copied at the of-
fice of Jason Dail at The
N.C. Environment and was inserted in the aforesaid newspaper in space,and on dates as follows:
Natural Resources, Divi-
sion Morehead City DCM
of Coastal Manage-
ment, 127 Cardinal Drive I016Ix
Extension, Wilmington,
NC, 28405, (910) 395-
3900 during normal busi-
ness hours.
Comments mailed to
Charles S. Jones, Direc- And at the time of such publication Star-News was a newspaper meeting all the requirements and
tor, Division of Coastal qualifications prescribed b Sec.No. 1-597 G.S. of N.C.
Management, Hestron q P Y
Plaza I 151-B Hwy 24, f
Morehead
d City, N.C.,
28557, prior to October
26, 2004, will be consid-
ered in making the permit
decision. Later comments will be accepted and con-
Title: CLASSIFIED ADVER.MGR
sidered up to the time of �
permit decision. Project w rn o affirmed to,and s scribed before me this day of
modification may occur A.D.,-
based on review and '' 7-
-comment by the public ����
and state federal agen- In Testimony Whereof,I have hereunto set my hand and affixed my of�t� fil„&e nd
cies. Notice of the ermit
ear aforesaid.
decision p this matter Y
will be provided upon
written request. A"/"*r
otary Pc
My commission expires day of ,2(1 �'� pLl `'\
Upon reading the aforegoing affidavit with the advertisement thereto annexed it is adjudged by the Court t` W1A said',`
publication was duly and properly made and that the summons has been duly and legally served on the defendant(s).
This day of
Clerk of Superior Court
MAIL TO:

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 1,2004
♦,,r,J via �..i r�"
Derek D. and Sara S. Wright
SA East Atlanta St. ) ��C. � � ����
Wrightsville Beach,NC 28480
Dear Mr. And Mrs. Wright: Morehead City DCM
The Division of Coastal Management hereby acknowledges receipt of your application for State approval for
development of the subject property located at 7227 No Name Road,adjacent to Hewlett's Creek,in Wilmington,New
Hanover County. It was received as complete on October 1, 2004, and appears to be adequate for processing at this
time. You have requested that the application be processed under the Express Review Permitting Pilot Program.
Under this expedited process, the projected date for making a decision will be around November 1, 2004.
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
Masonboro Sound Road. Some examples would be:Nailing the notice card to a telephone pole or stake along the road
right-of-way fronting your property. Failure to post this notice could result in an incomplete application.
Sincerely,
anon Dail
DCM Express Permit Coordinator
cc: Doug Huggett, DCM
Ted Tyndall, DCM
Debbie Wilson, LPO
Henry Wicker, COE
127 Cardinal Drive Extension,Wilmington, North Carolina 28405-3845
Phone: [phone]\Fax: [phone]\Internet: http://dcm2.enr.state.nc.us
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AMA PE MIT
APPLIE F
PROJECT: i�'�
te ea I - .✓ : Ateld
COMMENTS ACCEPTED THROUGH 24
FOR MORE DETAILS CONTACT
APPLICANT: THE LOCAL PERMIT OFFICER BELOW:
A&, 0 W412
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DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM
Name of Individual Applying For Permit: �� C•tJC15��
Address of Property: ?t Pri csP �+ft+5`S 19 , ISM ISO J O ,
(Lot or Street#, Street or Road)
bl) l M l
(City and County)
I hereby certify that I own properly adjacent to the above-referenced property. The individual
applying for this permit has described to me as shown on the attached drawing the development they
are proposing. A description or drawing,with dimensions, should be provided with this letter.
I have no objections to this proposal.
If you have objections to what is being proposed, please write the Division of Coastal
Management, 127 Cardinal Drive Extension, Wilmington, NC 28405 or call 910-395-3900
within 10 days of receipt of this notice. No response is considered the same as no objection if
you have been notified by Certified Mail.
WAINTR SECTION
I understand that a pier, dock, mooring pilings, breakwater, boat house or boat lift must be
set bck a minimum distance of 15' from my area of riparian access-unless waived by me. (If
you wish to waive the setback, you must initial the appropriates
a
I do wish to waive the 15' setback requirement �!
it,1AN 1 8 2005
V I do not wish to waive the'15' setback requirement.
Morehead City DCM
N
IVA
Print Name
NOR-rH CA.ROUKA DEPARTMENT OF
to -71q "�//[�J� STAB M
\J ENVIRONMENT AND I`I/QURPL F2Ea0URCES
Telephone Number with Area Code
S:\cama\shells\riparianproperty.frm

COMPLETE
■ Complelftftirns 1,2,and 3.Also complete A. Signature
item 41f Restricted Delivery is desired. El Agent
■ Print your name and address on the reverse X ❑Addressee
so that we can return the card to you.
■ Attach this card to the back of the mailpiece, R roed by(Prin a ame) C. Date of Delive�
or on the front if space permits. -�
1. Article Addressed to:
D. Is delivery address different from item 1? ❑Yes
�---- If YES,enter delivery address below: ❑ No
�Al Dc
t111 S Cr .�S ado� Pr
3. Service Type
❑Certified Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑Insured Mall ❑C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number
(Transfer from servi 7002 2410 0006 1882 2685
PS Form 3811,August 2001 Domestic Return Receipt -- 102�59502-M-1540
•
•• A Sig u agent
❑Addressees
lets items 1,2,and 3.Also complete
■'Comp is desired. X C?at�a'�J
item 4'f Restricted Delivery R ved by rinted Name) Q,v
■ Print ur name and address on the reverse S Y
so th we can return the card to You'. Y
to the back of the malpiece, item�?
Attac this Card address different from o �� GP I
ace permits. p• Is delivery address below:
or on he front if sp If YES,enter delivery
1, article Addressed to:w �a�
g, Service Type 0 Express Mail
1"\ Certified Mall Merchandise
� 0 Retum Receipt for Registered �C.O.D.
❑Insur©d M ail
re FeB� ❑Yes 4.,Restricted Delivery?(Ext
VVVV"``
i
4 9 2 y 102595-02-M-15'10
2. Article Number a� f -
(Transfer from servicaJ Q 0 13510, 0000! �„ Return Receipt
PS Form 3811,Au,

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■ Complete items 1,2,and 3.Also
item 4 ite
estricted Delivery is des desired.
A.
■ Print o Signature
Yname and address on the reverse X
so that can return the card to you. `? Agent
■ Attach t card to the back of the mailpiece, y(Printed Name
or on the front if space B• Received b Addressee
permits. ) C. Date of Delivery
1• Article Addressed to:
D. Is delivery address different from item 1? ❑Yes
If YES,enter delivery address below:
CQI ❑No
Cre
�!li A C Ifp� b 3. See Type
U�Certified Mail ❑Express Mail
❑Registered ❑Return Receipt for
p Merchandise
❑Insured Mail
❑C.O.D.
Article Number 4. Restricted Delivery?(Extra Fee)
(Transfer from service label) Yes
7002 2410 0006 1882 1558
Form 3811,August 2001
Domestic Return Receipt
102595.02-M-1035
PIC,
JAN 18 2o05
- - -- Morehead City DCM
SECTIONCOMPLETE THIS ON
DELIVERY
■ Complete items 1,2,and 3.Also Complete item 4 i estricted Delivery is desired. q Sign ture
■ Print you name and address on the reverse X e, � �1��.
so that w� can return the card to you. Agent
c Addressee
■ Attach this card to the back of the mailpiece, B•(Aeceived by(Printed Name or on the front if space permits. C. Date of Delive
1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes
� � If YES,enter delivery address below: ❑ No
3. Se x Type
Certified Mail ❑Express Mail
❑Registered O Return Receipt for Merchandise
uuu ❑ Insured Mail ❑C.O.D.
4. Restricted Delivery?(Extra Fee)'. Article Number ❑Yes
(Transfer fro 11,m service label) 7 0 0 2 2 410 0006 1882 15 7 2
'S Form 3811,August 2001
Domestic Return Receipt
102595-02-M-1540

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J
DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION[WAIVER FORM
Name of Individual Applying For Permit: L Jn5�J f-
Address of Property: ?Pr-�— S �s4�� 0 , �. /v�
(Lot or Street#, Street or Road)
c,111"1 W\ ►kKA-�� P� i AA/d r
(City and 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 development they
are proposing. A description or drawing, with dimensions, should be provided with this letter.
I have im objections to this proposal. As �� �tt7-=r-s le CAm A-
Ai0-5-r IU- ­'t- e,, �losC
I�TT�r
If you have objections to what is being proposed, please write the Division of Coastal
Management, 127 Cardinal Drive Extension, Wilmington, NC 28405 or call 910-395-3900
within 10 days of receipt of this notice. No response is considered the same as no objection if
you have been notified by Certified Mail.
WAIVER SECTION
I understand that a pier, dock, mooring pilings, breakwater, boat house or boat lift must be
e
set bck a minimum distance of 15' from my area of riparian access- unless waived;byine:,,
you wish to waive the setback, you must initial the appropriate b1a ak7UeYoW
I do wish to waive the 15' setback requirement.-U)
;�
I do not wish to waive the 15' setback requireme 1��ti'�S�0NAOG�t`'�ENT
GO AS
SipWame Date
k G
� �45
a lrak' , • : '
n
Print NameI)GM
NCDENR
z NORTH GROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Te ephone Number with Area Code
S:\carna\shells\riparianproperty.frm.

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BAN. 5. 2004 12.35PM Nro, 975
DEED OF TRUST
(Multi purpose)
Ceatral UxaUaa Hank
BA WACf10N.Ihs dohs seeuad by this Deed of Tlust,au eddenoed by the note or other docnment(s1 nctued hereby.has bxu
aatiol- in loll.This the day of
CiIPI'IQAI,CA1tOLVA LVU
hy:
7rM Ih'3TR WIX WAS YR:PARED BY:
WN 11�FAffiG r fi7GENt 8,�4N3.�..AII�aEYaI tdif
24
A7MR RECORM)NG Ma T0: r rr.�e it i �
BORRA1VEl2'S tiAME`�rlghty na r ok R a Ra r� $ ID
C
FA � �
BRW CESCRipIION FOR INDE
an Na tlu>3 aooK AND err �" L`
�I
(5.84 AC) FT 14 15 16 J.D. Carr II MAR 1 6
6tATE OF NOATS CAROUNA
COWN DIVISION OF
Tms DmED Or MST trade and entered into tli:s 4 th may. November , 2 0 0 COASTAL MANAGEMENT
by=d between berex . aright and wife, a�ra s. aright
1'Grantvrs.'whether one cr more in number, cvrporation(s), 4mtted liability cooap&ny(te*, partaership(s),
limited liahMty parnarship(s), lirbited partnershipp(s), or individual(s)),80WHI AND ASSOCIATES, INC..
TRUSTEE(—Trust=-).and CSNTRAL CAR01MA Rallis,a dhision of National Bank of Commerce,M=phls
Ttnric=we rCCBn. ps
�CPT1Y>LSSLr'Illi that whereas,the Graatora have requester CCB to extend them or arty•of chew or either Yza
of L`icm a lose and/or other financial accowmaodaticnt s], and CM has agreed m extend to Lie Grantors aloan and/or other financial accomrnodation(sl not to ex=d
DOLLARS($� )
(`Now-h-ir:mi Limit")in accordanao with the terrors of any surd all of the dodraaautz and/or other writings
execs:tea.signed.gma and/or delivered by any of the Gtantare in connection with the loan or other financial JA N Y 8 2005
accommodation(,)secured hereby,which Amy include,but are not limited to,all no",security instruments,
guaranty agroerrents.loan agreements.the Cmetruction Loan Agreement(if applicable).commitments and
any other such evidences of i-idebtodnesa of Grantors and payable to CCB(together with axle modifications.extensions or renewals dwevf, referred to herein as'Lcan Documents"), w:iich said Loan Documents are �OretWadCity DCA 4
incorporated herein by reference to the same rzterit as if made a part of this Deed of Trust and 'Y1
❑tQ THY:sox is CHECMW,THM DEED Or TAUBT SRC RMS 0DLIGA,"0NS LNCURRED nq PAXT
FOR TEM CONSTRUCTION 01 EMMOVEB&IMM LTW LAND mad these additional terms shall appi r
The Grantors or any of them or either of them have executed and delivered that certain Construction
Lear.Agreement between Grantors sad CCB,dared the day of ,
(together with any tnodiScatioru.rmten-bons or renewals thereof.referred to herein am the-Construction
Loan Agreeme=1:and
The funds aeh-a ad under the loan and/or other 8aancisl accomniedation(s)are to be used in partfcr
the construction of improv=mts upon a portion of the real proparYy described herein in&=crdance with
ithe terms of the CanmLractWn Loan Agm==t and the other Loan Documents;and
WEMNAA8, the Grantors or any of them or either of them may hereeftrr exm to and deliver to CCB
vas:ous notes (or negotiate and discount various notes payable to dwut) or any other such evidences of
indebtedneaa vt%at*oevxr,at varl=4 times and in ammxnts within the mum Nyrit and
WMCUR B.this Deed of Trust secures present and 5atum advances and is Smarned by the prvvisinns of
North Cwouna General Statutes Artt:le 7.Chapter 46 (N C.G.S.145-67 et. segj;anal
WIMRZAr4,it is the intent of the parties hereto that this instrument than secure present obligations ant_'
future obligations of a,->y one or Marc of the G=tvrm,and that CCB is authorized to snake future advances
to the secured by this Dead of Trust,within the fifteen(15)year period bcgirning on the date of this Deed of
Tr=upon the requcat of any one or more of the maid Grantors without the signature of any other,and
WHEREM,it has been agreed that no execution of a writmn tustruzrer_t shall be required to cAdence or
secure any advance trade hercxider. and

�� Vic) bs�r�e�oN�

JAN. 5. 2,)G'4 12:36PM NO. 975
WIMULAB,the obligations secured by this Deed of Trust in any and all of the obligations evidenced
by the Loan Documents or any outer such evidcaccs of indebtednm of Grantors and payable to CCB(the
terms of which are incorporated herein by reference to the same extent as If made a part or this Deed of
Trust);and t3mitors'liability for envbw=ental warrants and rejrresentstims,taxes,assessments,insurance
premiums,phonies advanced by CCB for the puurrppose of protecting its security,and other obligations set ford-
I,,this Deed of Trust(hereira$tr collecuvely referred to as"Obligations');and
WHEARAB.it has been agreed that in addition to and not in substitution for any other secure !which
maybe held by CCB,all of the Obligations of any of said Grantors to CCB which rosy hereafter either
ae principal,surety,guarantor,or endorser,within the time kmits set forth in this Deed of Truest and:n the
Loan,bocumer_ts.ihall be secured by the conveyance of property bzrainafter described,provided that the
total of the Obligations hereby secured,ezeluame of interest and amounts advanced to protect the property
hzre=alter dosedbed,including but not limited to tom, assessments,prior liras and encumbrances,shall
at no time pieced the Maximum Limit of this Decd of Trust as set out hesmnabove aad provided further that
should any one item of the Obligations secured hereby be ovczduo and/or•unpaid. CCB may at its option
declare all such Obligations due and payable.If&.e total of the Obligations of the Granters shall be greater
that ti:e Maximum Limit of this Deed ofTrihet as set forth hereinabove,the amount of the Obligations up to
and including said Maximum Limit shall be secured by this Deed of Trust;and
TIM ODUGAIWNS SECURED BY TM DEFT Oa TRUST are for present and any AnWe Obligations of
the makcr(s)to the payee(s)thereof,and this Deed of Trust Is em=t:cd to secure all such Obligations.
The total amount of the present obligation secured is$a 6 ray A n n_d o
The maximum principal amount including present and future ebligatlons,which shsIl be secured
hereby at any time is the MA7iAWK LXWZT(set forth hereinabove).
The pulod within which such ititurc oblipdo is may be incurred shall not be more than fifteen(15)
years from the date of this Deed of Trust.
The balance cf the Obligations secured by this Dccd of Trust shall ahveye be due and payable in full
acco.ding to the terms thereof,
NOW,THERIWp ORE,II11 COX8ME L&7j0X OF the prrsniees and of the sum of One Dollar and other good
and raluahlc coasideratlon to the Grantors in hand paid by the said Trustee,the roccipt of which is hereby
s',and in order to carry out the intention expressed Zn the premises,the said Gnintors have
givtn, giantad, bargmaried and sold and by these presents do give, grant:, bargain, sen, sacra, asaid1n and
fW17 acknowledge
cor_wyunto said Trustee as trus=,and its successors and ass gns,anth paws of axle,the faLowmg described
Prop
All of those certain lots,=:a or parcels of land lying and being InNew fix ay&x _County, JHN � � Z005
North CaroLna,and anise particularly described in EXIEMIT"A" attached hereto, Qwreinafter the
"Property');
together with all improvements,heatiag,plumbing, electrcal and air conditioning flxarea,egwpu ent and r� ("�
appurtenjmcca d%%=o,Including floor carpM4,and all renewals or replacements,now or hereafer attached to, Morehead City D C M
to,io_ated upon,or used in connection with said Property.
TO HAVE AND TO HOLD said PropertyvAth all prtbil¢gvs and a hereon and thereto belon"
=to the said Trustee sad its successors and assigns forever in e�And the Orantors covenant for
themaclves and their heirs and andgns that they arc seized of said Property in fee and have good right to
eaavey the sane in fee simple:that the same is free and clear of all encumbrances of any kind,and that they
un11 forever warrant and defend the tide thereto against the claims of all persona whomsoever.
TIM CONDMON OF THM DEM HOWEVER, IS SUCH that if the Grar.tvrs. their heirs, personal � � �7 V
Ireprestri=1bea,succeswre or assigns.sha:1 pay or cause to be paid and shall ott;srwim perform and fully ` J,
discharge all of the Obligations secured hereby to CCB,slat perform all other cbiipttcns herein assumed
as to the payment of taxes,assessments,insurance premiums,and medics advanced by CCB for the purpose
of protecting its security.shall perforrz and fully discharge%L covenants and stpulabons as herein requir:d.
then this coaveyauce shall be null and void. ^^
4 D
IT IS UNDERSTOOD AND AGREED as foliates: f l �1A , 6 ��
1. Tares;Assessments;lbsmanee. Other Enotimbraaaest Escrow Deposits.The Cn xxtors shall pay
all taxes.or echo-assessments,which misty be levied upon or against said Property,within the Limo prescribed D I V I S!O N OF
by Lsm- shag upor_denia id of CCB pay to it monthly in advance onc-twelft (I/12)of the estimated taxes, TA L MANAGEMENT
N AG E M E N T
aese6snens slid in m,rAnre p for the c►urent year,shall keep the bulldir4 on said property insured C O A S
aganiat loss or damxgwi by She,hazards included vdthin the term"extended coverage,'flood and any other
hazards for which C".'M;equirw coverage In such amounts and with such insurance company or companies
as CCB may require,which policy,or policicR, shall be payable to CCB,as its interest may appear.and be
deposited with CGS to be applied,in case of loss,as far AS the same may extend or tasty be necessary to the
satisfact;on of;his trust.If the said Orantors steak fail to pay saki taxes,or other assessments,or:assurance
premiums,as and when said taxes and assessments acid premiurrla shall fall due,or to of loct said insurance,
or to keep said Property free and clear of encumbrances,CC8 shall be at liberty to pay said taxes,or other
assest4 ments, or to effect and pay the premiums for said insurance, or tc pay Of and remove su:h
eneasibranees,ex the came may be,and the amount so advanced shall be deemed principal mcmoy,and sh%U
be added to the Obligations secured by this Dead of Trust and shall be due and payable on the first day of the
next succeeding roent°h.
3. Waste.Grantors stall keep the Property in good order and repair,reasonable wear and tear excepted)
and shall not cc or per=waste or istatcoy,damage,or substantYally change the Property or allow the
Property to deteriorate,or cammit cr permit ah*y other occu.-renee of use which might"pair the value of t'ie
Property.Grantors shall not initiate or acgtue4te in a charge in the zoning classification of the Property or
make or permit any atrucatral alteration hereof without CCB's prior written consent-
3. Eventa of Deftalt.Gran=%shall be in default under this Deed of Trust upon the occurrence of asp
ono or any combir iJon of the foil raring events:(a)if the said Grantors or their heirs,puisonal repreaantatives,
succrascrs or assigns she fall or neglect to pay the toplithJy InstallmCttt s of interest M%d principal when due
and at the Ume and in the manner act out in the Ioan Documents secured by this Deed of Trust,or any and
all other mums which may become due and payable hereunder,or(b)in the event of actual or daeatened
dcma'"'tion or injury or waste to the propertywhich iaay Impair the value of the Proper herein conveyed;or
(c)if the Grantors&hilll convey the Property or afiy part thereof or if title or any interest therein shall be sold,
t%ridarred or otherwise become vested in arty other person or party in any manic,whAtscever unless CCB
Shall,in wn=g have expressly consented thereto:or(d)upon the ow=cn=of any event of default wider
arty of the Lodn Documents secured by this Deed of Trust;or(e)upon the occurrence of any event of default

2005 8 I NAC
MO0 ytiO beetletoM ,

,Are 2004 12:37PM Hr, 975
under any guaranty agreement,note or otters evidence of irdebt;edneas not secured by this Deed of Trust and
of which CCB is the Milder of assignee; or 9) if aqy indcb`.edness of the Grantor (other than the Low
Document secured by this Deed of Trust for the payment of borrowed money becomes er is declared to be
due and p Wab:e prior to the expressed maturity thereof and the time of payment is not extended b"i the
respective lczrder(s); or(g)upon t`w occurrence of any event of default under any other mortgage, died of
must, or other inatnunent encumbering all or any portion of the Property,whether prior or subordinate to
this Deed of Trust and rtgwdlcss of whether or not the creation of such mortgage, deed of trust or other
a-ic•,imbrauce has been previously ocnsented to by CCB; or(h) if any judgment against the Grantor, any
art,cent,any wocutior..or arky other levy is Mod or placed against the Property or any part thereof and
remnirs un mrl, unstayed an appeal, undlscha_rged, unbonded or undiamiseed for a period of thirty (801
days;cr(t)it any representaton,aarrar ly,opinion or statement made by the Grannar(s)or stay'signer of any
of the Loam Documents, in any of said documents or sxy other writing delivered i- conircetlon with the
execntien of the cxccut:ed Deed of Trust,shall prove to have been untrue in say material respect at the time
made:of())if CCB reasonably deems itself inrocure for any reason.or DW if a receive should be appointed for,
ar a petition ir_bankraptcy flied by or against Caantors,or any or either o`.them;or(D if the Grantors ror arty•
or tither of them)shall fail or neglect to beep faithfully each and all other agreements promised or covernants
rPade herein.
If xj;5• of the Granters are coriorat enz, limited liability companies, limited partnerships, general
part-r.ships,limited liahilit y partnerships.or any ogler entity Ult-ataly owned by cne or= a individuals,
then such a Grantor shall be in default under this Deed of Trust lit:addition to the events of default stated
hcrvinabovc'.If there is arsy ahsnge or changes in the owriershtp of said Graritor (whether'trouli: stock
tranafers or otherwise)that would best the efriect rM voting control of said Grantor in individuals who do not
now have effective voting control and who,by exermse or such voting control,would he In a position to Cause
chaugea in the management of sa'-d Grantor.If the Grantor is a corporation, a limited liability company, a
:united partnership a general partnership, a limited liability partnership. or any other entity ultimately
owned by one cr rrore individuals then the Granter covenants and agreee to the extent that it can so
cover-ant and agree, that wittout fist having received prior wr== approval of CCB, there shall be no
change in the aaaalgemant of the Orwitor.
4. Remedies of CC$Upon Default;We by Trustee.Upon the occurrence of anv one o:more of said
Evens of Defaalt,thewhole of the Obligations hereby swMcd sha:l!inmrdiately become doe and payable at
the option of CCB: and t lifi�
U?on application of CCB.its auccessers and assigns.it shall be!Awful for and the duty of the Trustee or
its auccesecirs. Aid said Trustee is hereby authonmd and empowered. to sell the Property hercwWore "Y
descr;bsd in one or ratite parcels-it public auction.L;it is determined in a hearing held in accordance with 7 nnr7K
appiica`al:law that'�uwtee can proceed to save,Trustee OxU take such action regarding notice of sale and JA H05 N 1 8 Z
shalI tptvc such notices to Grantors and to other persons as applicable law may require. After the lapse of
such time as may be required by applicab:e law a.:d after L-lie publication of the notice of sale,Trustee shall
sell the Property at public auction to the highest budder atthe time acid place and v nder the tm-ma designated
ir:the roace of sale, in one or more parcels, and LY 9uG1 order a9 Trustee may determine. CCB or CCB'$ arShpad City t")CM
designee may purchase the Property at any sale.Trustee arstll deliver to the p�rchaserTrustee's deed eerivtytng V ©© V 1 V�I
the Propaty so sold w1thout any covenant or warranty,express Or hnpai The recitals in the Trustee's deed
shall be nctrtia facie evidence of tl:c truth of the statuZ';cuts made therein.Trustee aka l Apply proceeds of the
sale in tie rollowxa order: ia)to all coats and mcpensea of the sale.inciudiag. but not limited to,Tmstce's
fees of Vh of the gross Bales price;(b)to al:sums secured by this Deed of Trust;(c)the©cress,if any.to the
person or persons legally entitled thereto. The Trustee may require the e•icccsafil bidder At any sale to
deposit ir=cdiatsly with the Trustcc,cash or cer"-Ecd:heck in an arao-snit not to exceed ten pert 110%)
of his bid,prcVded=i1ce a:such requirement is contained In the advertisement of the sale.The bid may be 7\\
re;Ccted it the deposit is not irumedAtcbr made and thcroupon the next higher biddy~ be declared to be
theprc
uhaser. euca deposit shall bt refunded in cave a resale is had; otherwise.it chart be applied to thepurchase price.5. CondenWistion.Upon condemnation of the Property or improvements or any part thereof,the entire
unpaid balance of the indebtedness secured here- shall,at CCB'v o tton,at once become due and payable
and any amounts paid for sues uiarrg are hereby assigned and atali be paid to CCB and be applied upon the
Obligation hereby secured. qn p,N A
a. ;asgttt ed Eotay.CCB or its agent shall have the right at any reasonable time and from time to time to 0 p'S
make or cause to be made reasonable entrtes`apon and inspections of the Property. C
7 AmW p=u=t of Resits and Profits.The Grantors do hereby asaian,transfer,and soot aver:a CC3 any
sad sill rents, prrllts and other Income of every kind and nature from the Property Thereinafter "Rente'3
during the life of tl-s Deed of'-'rust as further sentalty for the Obligations secured hereby and upon default.
CCZ stiaLI be cattIcd to enter ir:to possession of the Properly for the purpose of collecting the Rcfi s arising
therefrom.and is hereby authorized to employ an agent to coBect said Rents,b pay said alit a reasonable
com=saion cut of Rants so collected, and is directed to apply the balance upon the Obligaron$ secured
rereby; piovided.CCB may make such repaus as in its opinion are seeded to the Property,and shall first
dedu&the Costs therecf from Rente received.This assig nrMCnt of Rents shall it1 ao way nifect er prejudice the
rights of CC8 to have this Deed of Trust foreclosed upon the occurtaace of an Event of Default.
8, security Intemet.All the furnishings.f xtures and equipment which comprise apart of the Property
shall. a&far As parmittnd by law,be deemed to be affixed to Ifs property and conveyed the:earith.As to the
b8iaaee of the furr..ahmp,gxturca and equipment this Deed of Trust shall be considered to be a security
agreement which greats a SCUM interest in such furriill'iinga, f xt;tees and equipment for the benefit of
CCB.In*At regard.Grantors grant to CCB all of the rights and remedies or a secured part'under the North
Caralink Clrufarm Cc=mcrcial Code. Qrantcrs agree to axwute and dclrver to CCB, concurrently with the
erLCC'uticn of this Deed of Trust and upon the request of CCB from time to throe hereafter. al1 financing
statements and cthc documents reasonably rcqulrcd to perfect and maintain the security interest created
t e-eby,Grantors hereby irrevocably(as lens as the Ctaligatttxu temaia u POA snake,cOnetuute and appoint
COB as the true and lawful ar=C1-ter-fact of on=tors to sign the Misted 0rau:ors oorn continue such
sutemert, CgatinuetlQn of financing statement or similar documcn Se4 erect *AV ftraux=g
statement
ecruitlt inter:$-!.However,to the atent allowed by law,this Deed of Trust-hall be a financing Beds.
auffirsnt to psi fee:and 13ra;rrtalA$riy security in*.crest created hereby in the Property Prot
9. Release aria CaneaUadon. This conveyance and the Property hereby conveyed shall continue as
SC=ty for all 0btiglltlons.presently outstanding said hereafter contracted by she Grantors to cis.under
, ou-1iMIty of+1 k ntCd clanist as long u there mq be arV ObIlatioae outstanding=d unpaid:

(vi )Q Vic) bLwielom

BAN. 5. 2004 '2:37PM
and upon the payment of all such Obligations whatever; to#ether with interest thereon, insurance, 'Axes,
and airy other charges or fees arising hereunder, anal upon the tzminaticn o:further advauccs,CCS small
hereupor_enderac upon this Deed of Trust the cadoreement that the same has been paid and satisfied in
full:and thereupon.the Register of Deeds of the county where the abovc-described Property is located shall
be and hmebv is a•.ithorized and empOWcred to cancel this Deed of Trust upon the records of said County
upon the presentation of the ertgi.Zai bearing the endorsement as aforesaid;and it shall be unnecessary for
arty of the Loan Documents w=tcd and deltvered under and secured by this Deed of Trost to be presented
for the purpose of cancellation of this instrument or.the r000rds of said county.
10. Anti-Marmh=vg,The right to hereby given by Grantors to Tyustec and CCB to make partial release
or releases cf security hereunder twhether or not such releases are required by agreement among the parties)
agreeable to Trustee and CCS without notice to,or the conAcnt,approval or agreement of other parties and
in`xwts,including junior honors and purchasers subject to this ten,which partial release or releas.es shall
not impair in any manner the validity of or priority of Hits Deed of Trust on the Pro rempirnirtg hereunder,
nor release Grantors from personal liability for the indebtedness hereby secured.Nottivit standing the a2dstence
of any other aecurity interests in the Property held by CCB or by any other party,CM shall have the right to
determine the order in which wry or all of the?rop=V shall be subieeted to the remedies provided herein.
CCB shall have the right to determine the order is which any o,r ail pord=s o:the indebtedness occur d
hereby are eatiafled from the proceeds realized upon the exercise of the remedies provided herein.Grantnre
and any other parties who have actual or constructive neti'.c hereof hereby waive any and all right to require
the mar ahalling of assets in connection with the exercise of any of tic remedies permitted by applicable raw
o'provided herein.
11. Compliance with lama. Grantors shall regularly and promptly comply with arsy applicable legal
requirements of the United Statea, tho State of North Carolina or other goveraas mW oatity, agency or
instr-j=ertality relating to the use or condition of the Property.
13. indemnification. In case CCB or the Trustee voluntarily or otherwise shall become a part'to any
roil:or legal proceedingto protect the Property herein conveyed or to protectthe lien of this Deed of True,.the
Trustee and CC5 shall be saved harmless and shall be reimbursed by the Qrantorz for any amounts paid,
including all reasonable costs,chtargcs and attorneys'fees incurred in any suit or proceeding,and the same
ahaR be secured by this Deed of Trust and its payment enforced as flit wore 3 part of the original Obligations.
All interes-, costs, expenses and advances required to be made to protect the property or to di€charge a
paxarnount lien on the Property heretnbeforc described shall be secured horebywtthout limitation in resp=
to the amount thereof and the amount so advanced shall become a debt due hereunder and shall bear
Interest at the z M-11m legal rate and the monies so advanced shall be secured by this Deed of Trzrat,and TMWED
this Deed of T-ust secums ailother covenants and agreements cori:ained in this instrument Ind/or any of 123the loan Documents and/or&ryof tiro Obligations as hers inabeme rdi:r'enced and de$ned. LW 43
13. bavireumental Conditions of Present':Indemnification.Grantors warrant and represent to CCB
after appropriate im4uiry and investigation that:(a)while CCB has any interest to or lien or_the Propotty,the y
Property described herein L and at all times harsafks.will continue to be fin full epmpllance with al;federal, P9
J A N 1 8 L 005
state acid local environmental laws and regulations, including but not hmited to, the Comprehensive
Environmental Response, Campensat=on and Liability Act of 1980(-CRRCIAj, public Law No. 96-910, 94
Stat,2767,42 USC 1601 at seq,and the Supe;fund Amendments and Reau'horiratiea Act of 1988(*SARK'),
Public Law No. 99-499. 100 stet 1813.and(b) W as of the date hcrtofhere are no hazardous materials. Morehead City DCM
substan s,wastes orothere�ror==tpl:yrcgulatedsubgtiLices(iaclu�wtthoutllaltatton, materials
containing asbestos) located on,in or under the Property or used in cornets therewith,or(4 Grantors
have fuDy disclosed to CCB in welting the existcacc, extent and nature of any such hazardous materials,
substances, Raster or other environrnentaLy refalated substances, which GraWxn are legally authorized
and empowered to arairitaln on,in or under the i'ropet y or use in connection thercwtt.11,and Qtanters have
obtained and wi1 maintain all lica ues,permits and approvals required with respect therein, and :¢ir.foil
ccmplance with all of the terms. earrditimm and requirem=ts of such licenses. permits anc,approvals,
Grantore farther warrant and rew"ent that they will promptly notity CCB of any change in the nature or
extent of any hazardous materials,substances or wastes matntai=d on,in or under the Prepem or used in
cenaeenorn th=wgh, And will tarramit to CCB copies of any citations, orders, notices or other mat=il
governmental or other communication received with respect to any other hazardous materials, substances,
wastes or other=-ironmcntally regulated substances affecting the Property.
Grantors shall indcnui y and hold CCB harmiesa from and against any turd all f, penalties, 0 QQ�
fines, eiauas, bins.suim. liablL+tics. costs (includirij Clcan-up costa).judgmcats and expenses (including 2
ararr.rr's, consultants' cr experts' fees and expenses) of may kind and nature suffered by or asserted
against OC S as a director indirect result of warren ar F
�Y t5' reptrscntatioa made by Grantnra in the preceding v �
paragraph bring false or untrue in env material respect or any requirement under any law,re g lotion or ` �S\o'� fj,G G ordinance. local. Matt or federal, arhlch requires the eltrzInation or rer=v!of any hazardous materials,
substances,wastes or other envi_-mmental y regulated substances.
Grantors'obligations hereunder to CCB shall riot be limited to any extant by the term of any of the Loan G�P
Doers cns secured hereby,and as to airy act or occurrc=c prtor to payment ir:full and satisfaction of teak
Loan Docarnents or any other of the Obligations which ove rise to liability hereunder,shall cmttnuc,aarvive
and remain in full force and e5ect no mthstanding payment in full and satisfaction of said Loan Docummt9
or any other of the Obligations and this Docd of hunt:,or foreclosure under this Deed of Treat,or ac1lywy of
a deed in lteu of foreclosure,
14. Substitute Trustee.CCB may az any time,and from time to=o without notice,remove the 71 ustee
arm appoint a successor Trustee to any Trustee appointed hereunder by an instrument recorded in the
county in whieh'this Dead of Trust is recorded.The successor Trustee shall succeed to all the tide, power,
tight and duties conf!,r upon the Trustee herein and by applicable law.
18. ffypetha stioa,
Q 17 TWS SOX 16 C D,TKIS Dail f OT TRM IS C.I=TO ZSCUM THS D3,➢'1'OF OTJM=
and t21Cae additional terms shall apply;
This Deed of Trust is given by the Orantnr(e) in eousidcration for the loan and/or ctlrar flnarncial
accommodation given by CCD to
v'hareia also mlied'Gmntcr(a)'1 at the request of the anda'signed Grant").The Grantor(s)understand(f)
chat the loan and/orSrnaaeial acootntaodatiou(s)securedherebywo-W riot hwe been granted or==dod.
bat for the execution of thin Deed Of Trust

MOO YfiO testleioM

'AN. 5. 201)4 12:3aPM NO. 975
18. Miscellaneous. (a)The designation Grantors.Trustee and CCB as used herein snail include such
Parties. thou heirs, personal rep.cseritatives, sucetaeors Or assigns and ahall Include singular, plural.
masculine. feminine, or neuter, as required by context, (b) In addition to names stated hereinebove, the
des_ i�or: Qrantors, for the purpoev of this Deed of Trust, includes all parties obligated on any of the
Obligations secured hereby,evon when such party(ies)does(do)not own any interest to the Property and/or
doq(do)not sign this Deed of Trust (c)Clrantars'caveuants grid agreements shall be joint And 9evwal.(d)
Any extcnsioat$)of time!n the payaxcrt of etcher prinMpal or iattreat on any of the Loan Documents and)or
any atner Obligatons hereby scoured. or change in the amount of any Installment thereby incrouing or
decrhastng the same may be granted dy CCS ra any signer thereof,of to anv party who has assumed payment
thereof witlirut releasing or affecting(the legal liability of any other signer,or of any party who has assumed
palvdndnt of said Luau Dvcumen s and/or nay orY er Obtigattone;and the Grantor®herein,loiney and severally,
bsrtd theataelvcs pc:�orxl>y for the iadebtedaeae aoCured by this instrument,without regard to the market
valt;c of the Propcty herein described. (e)A delay in cxo�ciairrg any option or requiring the performaaoc of
nay oblig♦►tion secured hereby shall not be deemed to be an abandonrrazt or waives of such right, and
Grantors�xpreaaly waive aoflco of the C=erdse of any cpt:oa(a)granted to CCB la=eti or in any of the Loan
Document aecurrd hereby.(A 1 i]ls Deed of Trust shall be governed by the laws of the State of North Carolina.
and to the event that an provision or clause of this Deed of Trust or any of the Iran Documents eon$tets
Kith Applicable Iaw,such conflict shall not affect other proviaioiia herein or in any of the Loan Documents
which Can be given effect withcut the oonSiettng provi9taa, and to this and such provisbas of this Deco of
Intst am declared to b: severable. (g)The hcad.ags used in this Deed of Ti-ust are for convenience and
reference only;and am not intended in any way to dean or describe the scope or intent of any provision of
this Deedof7mat.U This Deed of Trust may not be rnodiiled,changed or amended unless said mcdticaticm
ch ;e or"a=4idairat IS in writing, signed by the party against whom enforcement of the moditcation,
or amend_-acat is sought,and executed with the same formalities as this Dead of Trust
;7. Notices.All notices Lo GCB shall be mailed to:CUTRAL CAR01M SANS,a division of\atienal Bank of
Co: WUL
Attention:--a==t-:Y -
ADDR : load Sklite
or other such address as CCB may otherwise designate rove time t0 a.
. t J
BAN Y 8 2005
Morehead City DAM
Scisil 1�
�v )N
CON PL MP

�oi 0

AN, 'I- 2004 1,2:39PM NO. 97� 6
M WYP MS WEN=,the undersigned Corporate Grantor has In {Y14M5 WHEREOF,each of the undemIMM individual
eauacd thu tnstrvmer,to be erux7 r Tr tta corporate name by' amtors hereunto sot th&bands)and have adopted as their
its President;attested by in Secretary &MIA the wmd*SML'a Twftlg at or beside their sigaattffe(sl,
and its corporate eeai to be of ad hereto aA by the Iavfitl order of this&Gibed kW ummt being executed asd delivered on the date
as Board of Directors Brat duly given,wth tAls emLtd balm meat Brat aborc written.
bakig delivcscd an the date$rat above wrttcn. -Oe �
rek D. >Nright
ieN f
PreWdcmt are S. wright MAU
Atttsi: MAU,
( BeaD
V TWMNY VHEUW, he=dfttpd PART firatUt L=ZD ISAAQM OWANY Grantoror UV=UABUff
PAA'J< YAW Grantor hu caused thiaWatmsnt to be azenrbed lu the&WroprAm partacahlp or eompaay tame by duly sut wLnd
p armeda)cr waaagerM and has adopted ss its seal the ward"REAL°appeaimg at or beside its name and their sipatu.-c(sl,
t.is sesicd!:atrut^.,ent bwj c=.,utcd and deLveral on the date drat stave Wr ier,
(SSALI
(Fartners4.U c or w Namei
By. (SEAL) By {�-
=e• 'foie.
BY. 'SEALI BY
TICe. Tom:
in vidna:
NORM CARDUfA NO=CAROLMA
COIIRIY tx7U1R'Y
;, ,a fietuy b .A Notary � M
P&ur,de hereby artffy tiw Pubbe,do busby am*tt„r
Ira
personally appeared b=c me this day and achwvdedged the pessco a*appeared htfore me this day uid acQtowiedgcd the
due a mu Uon of le faregotng Instrument dduuee e�rdoA ad the iwnmg wxtumaut J
whnm wv hand and omcw seal,tit. day of Witnew my hind sad odicW anal,t� day of A N ,� 2 Jr
m�Fua � °rehead c.
My^==,!,ston&spires: My ccam�on Lupins.
/�DV•�/
na P is .LLC
NORTH CAMLLIA NORM C,ROUNA
COL'N'iY � COC�V'IY
L s xotary L a No ary
Pubic,do hereby eettfy.Iat Pubbe,do hereby cey*that
i
Prps dent,sa:: with its calpomte seal a
and attcaud by him.as Pa Secretary. Grwicc*batted hab ttty ccmpa�peracershz
vvtmma uLy nand and official neat,this--_dAy of L7+li ed Pa►tr a WQmd omtrttrsl',
and furthc ae�ttrw�the dine a sdOa of this Dcctl oMmt
OA behalf of the
(lridtc li
Yotst3Pul=Hc Mk+dPffatm
1r viers4,witabligl�mershiPl�. �\\`,��4•n \\\\VV;;��
3�y sstor Wrtr w my hand and oMcW siW,th.. day of jY=
TON
itay PablIc of
my er oa ON�SpON
c�AL

I Aq%
ba9Ag1aM
M�

'AN 5. 2'�'0412:39PM N3. 97EXUMA
81st31NNSrC}u a canm m mom==leaeied North 33 deprees 43 IDraatea Seat 1029.16(lest
item a om=w maw m ed Nodjt lief of the road lottdmg fpm to Masombcm Lnap
Road to to Old Military Road d Qmat pr's Poles G"raW hem6 ernumusly deaiglrUW as
"old t41'ti[7 Leap acae=i2c map d r p carr 18at tAs,rmrdsd is mp Book J.Page 2s,
New H--CCWWY yl$Ad I=remtc-d otteetata ma0a®ent being lauded North 71
dagiaea 2S 202wea Wwt 10911 13 het av maaa nd a)wg said Noc&iy Ilan of ad mad ftmm
its mfarO-M Weh dw Weatedy Sae of Mago1u Den as tt owa ao the map= 494 m MW
Soak 5,Page 23,sad n mks thence from is d Begs poiet North 33 degrees 43=u=9
East 254 31*t d tD s concrete mccument,ts Fnoe North 12 dagtoae 58 mmutu East 419 9411mat
to Is aoaerele mmr,thence th■Tema 0oproa aeattiAW4 Nuts 12 degrcea So minutes Fast,
15 fiaLt more Of less,to the higtt rester 12C 0f Hem laa geed,d m e,Eutwzdiy wstb the high
wamr Lase of HewlcWs CwsiL Ott meaadw,to the W09My Iwo of Zelft Number 1 t of 7 Q
Cyr Eatstes 18 abown M the mV 20ed fl!:�4d is MW Haas 5,page 29,We,koaover
Cottaty RaDW-Stance Routh 19 deg wa 13 Umtea West alaag aamd has of 13aaesa Number I,
22A 1bes,most:or lau,m as old pipe;theses eaaumsieg Am said WegulT Ime of En=
Ntmtber 11 mA beyond.Routh 18.depem 9!autt ms W"vA al fx a.po®t l,,ad 9otnL
19 6e8ca3 33 mmu2a Nest 30 mer ft=the tsotabvteat ooma of aced Eafetoa Ntmtba 1.,theses
tbrtZt?t d=,rest 15 mmtm West 15^.,._ems to a ��,theme South 38 d*, 16
mimr�s West 1D6.11 fast to ap tnz papa,theatre North 56 dtt m"45---Waft 4100 feat
m the pot=of Deganinc 1$*suds omtai:*5.945 awn
9AVING Atli: fiXMP=;G aOWUV8'it4 abase pt umv of tse above deIMbed properly
datedv"peto y the ]�9 m of tba fast part to CM- POINT LUffMD Pr1RTNE999p 1 T deed
TO GE'i'!314t vlfrl3 AND$UWE=TO,HDWEVM■nglt-af'way sad raaemms far utgrara
and egteao sad Rrt miry service lines aver and hogs,a step of lead 60 feet in wuMl tt.8 Mtcr
line of winch is deaeub"a Maws: BHona;Doe st a oaaorete monument ra the Northerly
Hue of the toad leadurg ftam to htauyabar0 Loop Road 10 t51e old XHb y Rzcd at OruaWs
Point(lard road being sa=wwly dear4esead w"Old M Etwy Loop Road"-the map of J 0
Corr Eststa.recorded in Map Hook 5,Pare 29,Naw Haoww offwy RapsaYl Bald=wxew
moaummt bolas lauded Noma 71 dogtees 25 mjm= West 539 feat O _
Norlarly I=*(and road stem�3>a�teCCaa Was the�Veatartlr llae of lifagaol,,nnve�oe�
latemat�hn:s aht;,wa 0a des MOP a=dcd m h*1300k 5,at page 21,and tynstas tier,,*Wass
13 dags=a 35 mimes I m 149 2$feet 10 s sou- MMUM ,dWW Noah SS deareea 19 TM
Mai Bart 109.76 loot to sa if=pipe;tents the emu 0ourm voadmted,Nor&SS devve"19
mta etas Fsas 1426 ew to aaotber atta pspei thow the some t= OMMUA Nogh S5
degzea t9 mitosis Sag; 155 53 *"1st a t oaoute ra0ntanort;them North 1 degrees 43
mia¢oea Bast I M 14%et W str ir=ptpa,chance tha same I'M aoadiaaed Nall$degrees 43
InjuttmQ aiatm>�1 �the I'mme�ra�eds OM i J A N' 1 8 7.005
d&Uees 43 ma nm Eau,76 fiot m aaotser coo p*P%ttteana the same wvrsa co=4 North 1
8mo 49 mmaaa FagL %a, fret So s oom-%moat=W4 mhmoe Noels is degrees 16
rtsautm Part 916:t'etso as trap pipe,tseoC,the a,��e a ?geA 31�s 16 Morehead City DCM
tnututea Bast I03 iS lsac to a e0ot reds aaaaumeas
-TOMI M W=AND t8JW=To s futCr sad arlhuo W essmrd sad tiybt.&..,;'fry,
u47M sad ageeas,30 fed is wider,the oe mr lice of v>kj 30 Foot 601.a£wrsy and aao==
-a dQ1Orsited aWows: UON=43 at tin ooperete nroptcnerlr vrhrak is the Natt3ern tR>ninnt
0f du ter line of the w tbot ul .shave desmibed and rmatyg trance North 18
degres 55 mimfts Eat o97 72 lbd to saailtw ow=.,mows,=,sad theses the same Catttse
cco=nuod,Noel 18 degteea 33 miatsa4 EA about 310 abet mCr-ok tha 113sh v*iYr Itae of I leveled's
f SIN
S
t V"�
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�t \S\�N�C�r� E
co Ash P�-

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