168-05 MM 09/2006

Permit Class Permit Number
MODIFICATION/MAJOR 168-05
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 11.3A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Spooners Creek Development,LLC c/o Jim Bailey, 100 Lands End Rd.,Morehead City, NC 28557
Authorizing development in Carteret County at Spooners Creek. 100 Lands End Rd.,
Morehead City , as requested in the permittee's application dated 4/7/06(MP-I &MP-6).and
5/15/06(MP-4),inc. attached workplan drawings (9),Sheet I through 6,and 7 through 9 of 9 dated 3/30/06,and one dated 3/27/06.
This permit, issued on September 15,2006 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
Marina Expansion
1) In accordance with commitments made by the permittee, and in order to comply with 15A NCAC
07H.0208 (a)(2)(H), which states that "Development shall not impede navigation or create undue
interferences with access to, or use of, public trust areas or estuarine waters", the eastern most slips
x (labeled as Slip Nos. 84-93 on the attached workplan drawing 1 of 9 dated 3/30/06) are hereby removed
from this project, and the 10 "side-to" slips, as depicted on the attached workplan drawing dated 3/27/06
are hereby approved in place of the originally proposed perpendicular slips.
(See attached sheets for Additional Conditions)
S•
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.
This permit shall be accessible on-site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered C es S. Jones, Director
hereunder requires further Division approval. Division Of Coastal Management
All work shall cease when the permit expires on This permit and its conditions are hereby accepted.
December 31, 2009
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
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Spooners Creek Development, LLC Permit#168-05
Page 2 of 4
ADDITIONAL CONDITIONS
s 2) Unless specifically altered herein, this major modification authorizes only the removal of the existing
docks and piers, and the reconfiguration and expansion of 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 and
attached workplan drawings with the changes referenced in Condition No. 1 of this major modification.
No other structure, whether floating or stationary, shall become a permanent part of this expanded
marina without permit modification. No non-water dependent uses of structures shall be conducted on,
in or over public trust waters without permit modification.
3) No sewage, whether treated or untreated,,shall be discharged at any time from any boats using the
expanded marina. Any sewage discharge at the expanded marina shall be considered a violation of this
permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout
the entire existence of the permitted structure.
4) The northern most docking facility 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.
5) In order to ensure compliance with Condition No. 4 of this permit, an as-built survey showing the
distance of the northern most docking facility and the neighboring riparian corridor shall be performed
on the facility, and copies of the survey shall be provided to the Division of Coastal Management, within., .
f 60 days of completion of construction.
NOTE: Failure to provide the survey required in Condition No. 5 may result in a violation of this permit.
6) 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.
7) The permittee shall maintain the authorized work in good condition and in conformance with the terms
:f and conditions of this permit. The permittee not relieved of this requirement if he abandons the
permitted activity without having it transferred to a third party.
;t 8) This permit does not authorize the interference with any existing or proposed Federal project, and the
permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury
that may be caused from existing or future operations undertaken by the United States in the public
interest.
9) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
10) This permit authorizes the addition of 11 boat slips, resulting in a total of 93 slips.
11) Prior to the occupancy of any new slips authorized under this permit, a marine pumpout sewage disposal
facility shall be installed and operable, and maintained for the life of the marina.
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Spooners Creek Development, LLC Permit#168-05
Page 3 of 4
ADDITIONAL CONDITIONS
12) Prior to the occupancy of any slips authorized by this permit, the permittee shall meet on-site with a
representative of the Division to ensure that the required pumpout facility is in place and operable.
13) The marina facility shall display a sign showing the location of the on-site pumpout facility, including
other appropriate waste disposal information, at the entrance and exit from the main pier(s).
NOTE: It is strongly recommended that the permittee exercise all available precautions in the day-to-day
operation of the facility to prevent facility waste from entering the adjacent waters. Such
discharge, either directly or indirectly, to adjacent waters could contravene state water quality
standards, thereby violating state law.
Easement
.t
14) Prior to occupancy of any new boat slips or other docking facilities under this permit, the permittee shall
apply for and receive an Easement from the Department of Administration's State Property Office as
required under N.C.G.S. 146-12(e).
General
15) 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 11
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 shall be required, g
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 alteration.
16) No vegetated wetlands or open water areas shall be excavated or filled, even temporarily.
17) This modification shall be attached to the original of Permit No. 168-05, which was issued on 11/15/06,
as well as the modification issued on 6/29/06, and copies of all documents shall be readily available on
site when Division personnel inspect the project for compliance.
18) All conditions and stipulations of the active permit remain in force under this major modification unless
specifically altered herein.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any .
such activity for this determination. The permittee is further advised that many non-water
dependent activities are not authorized within 30 feet of the normal high water level.
NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water
Quality Certification No. 3496 (DWQ Project No. 051906), which was issued on 7/20/06.
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Spooners Creek Development,LLC Permit #168-05
Page 4 of 4
ADDITIONAL CONDITIONS
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No.
198000291 (COE ORM No. SAW-2006-33042-016) which was issued on 9/14/06.
1
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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
September 19,2006
Spooners Creek Development,LLC
C/o Jim Bailey
100 Lands End Rd.
Morehead City,N.C.28557
Dear Sirs:
The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the
State Dredge and Fill Law, for you to proceed with your project proposal. The original(buff-colored form) is retained by you
and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and
return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of
appeal described below.
If you object to the permit or any of the conditions,you may request a hearing pursuant to NCGS 113A-121.1 or 113-
229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative
Hearings, 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.
kou�
Sincerely,
V. N�
Douglas V.Huggett
Major Permits and Consistency Manager
Enclosure
400 Commerce Avenue, Morehead City, N.C. 28557
Phone: [phone] FAX: [phone] Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Spooners Creek Development,LLC c/o Jim Bailey
2. LOCATION OF PROJECT SITE: 100 Lands End Rd. on the western side of the
conflux of Spooners Creek and Bogue Sound.
Photo Index - 2000: 41-521 grid(N16)(N17)(015)(016)(017)(P15)(P16)
1995: 41-516 grid(M12)(L12)(L13)(L14)(K12)(K13)(K14)
State Plane Coordinates -X: 2659063.503 Y: 362796.345 Rover#J053016A
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE:Dates of Site Visit—4/28/06, 5/30/06
Was Applicant Present—Yes,No
5. PROCESSING PROCEDURE: Application Received—CC 6/21/06
Office—Morehead City
6. SITE DESCRIPTION:
(A) Local Land Use Plan—Morehead City
Land Classification From LUP—Residential/Conservation
(B) AEC(s) Involved: Public Trust Area,Estuarine Water
(C) Water Dependent: Yes
• (D) Intended Use: Community .
(E) Wastewater Treatment: Existing—None
Planned - Morehead City Sewer
(F) Type of Structures: Existing—Condominiums under construction
Planned - Marina
(G) Estimated Annual Rate of Erosion: N/A
Source—N/A
7. HABITAT DESCRIPTION:
DREDGED FILLED
OTHER
(A) Open Water 112,125 W Incorp.
16,363ft2 Shaded
(D) Total Area Disturbed: 112,125 ft2
(E) Primary Nursery Area: No
(F) Water Classification: SA Open: No
8.PROJECT SUMMARY: The applicant is proposing a major modification to State Permit
#168-05 to redevelop an existing marina. This will involve the demolition of existing
docks and construction of new docks. The slip count would be increased from 82 to 93.

Spooners Creek Development,LLC
Page 02
9. Narrative Description:
The Spooners Creek project is located at 100 Lands End Rd.in Morehead City,Carteret County.
Lands End Rd. is found by turning off of Hwy.24 and onto Harbor Dr. in the area of Wal-Mart.
Lands End Rd. is at the end of Harbor Dr.The site lies on the western side of Spooners Creek at
its conflux with Bogue Sound.
The Spooners Creek property is 9.54 acres in its entirety and varies from 6' to 13' in
elevation above NHW. The high ground portion of the site is currently being redeveloped
under State Permit#168-05. This permit authorized 19 single-family lots, 34 condominium
units, driveways,parking areas, swimming pool, pool house, ship store,underground storage
tanks, and a new 2,776' bulkhead. At this time the condominium units are under /
construction. The entire shoreline of this project has beedpmviously bukheaded. Existing
along the creek side of the project is a docking facility for 82 slips and a travel lift. Currently
the docks extend 60'-230' into 175'-528' water body and encompass 117,500 ft2 of Public
Trust Area. Water depths in the docking area are approximately—5' NLW. Spooners Creek
has been historically excavated and continues to receive permits for maintenance excavation.
Along the Bogue Sound side of the project is.a fringe of coastal marsh containing Smooth
Cordgrass (Spartina alterniflora) and Salt Meadow Grass (Spartina patens). The substrate in
this area is mostly silt and sand. The shoreline has a total length of 2,726ft.
The Division of Water Quality classifies this area as SA waters. This area is not a Primary .
Nursery Area. Spooners Creek and the areas to the immediate east and west are closed to the
taking of shellfish. Carteret County's Land Use Plan dated 1996 classifies this area as
Residential and Conservation within the AEC's. There are no shellfish leases in this area.
The developer has received their Stormwater permit(SWB 050901) and their Erosion and
Sedimentation Control permit(Carte-2006-071)
10. Project Description:
In order to provide docking for the previously permitted condominiums and single family lots
the applicant proposes to expand the existing marina from 82 to 93 slips under a major
modification to State permit#168-05. All work proposed is to be done in Spooners Creek
with no work proposed in Bogue Sound. This will be accomplished by constructing 3 main
docks and a series of slips along the shoreline. Dock A would be 6' X 202.25' and would
have 11 fingers that are 25' X 4.25'. Dock B would be 10' X 200.5' and would have a 90' X
8' "T"platform on the end. Extending off of Dock B would be 10 fingers that are 4.5' x 40'.
Dock C would be 10' X 205.5' and would have a 12' X 115' "T"platform on the end.
Extending off of Dock C would be 6 fingers that are 4.5' X 45', 1 finger that is 4.5' X 50' and
1 finger that is 4.5' X 55'. Running along the shoreline would be 9 platforms that are 8' X
52.5', 1 finger that is 4.75' X 25.25' and 5 fingers that are 3.5 X 25.25' creating additional
slips. There would be 40 mooring piles placed between slips 22-43,44-63, and 66-83.
Boatlifts that are 13'X13' would be placed within slips 1-21, 64-65 and 84-93. The proposed
docks will extend 210' into the water body for a reduction of 29',from the existing docks. Ten
of the slips will be outside of the existing footprint and extendv into the 110' waterbody at
that location. The travel lift will be removed. A portable sewage pumpout facility with 4"No
Sewage Discharge and"Pumpout Location" signs are proposed.
l

11. Anticipated Impacts:
The proposed improvements at the Spooners Creek project would result in 112,125ft2 of open
water incorporated of which 16,363ft2 would be shaded by the marina. An increase in turbidity
will occur during the construction process. There should be no hazard to navigation resulting
from this marina, as the overall waterward extent of the dock will be less than the existing
footprint of the current marina. No coastal marsh would be filled, excavated or shaded during
this project. This area is currently heavily used for boating and has sufficient water depths.
This use should not change however the marina will change from serving as a public marina to
serving as a private marina.
Ryan-Davenport Morehead City June 21,2006

Form DCM-MP-1 ( dj�i��/ �c.
APPLICATIOMAY x 6 2006
(ro be completed by all applicants) Morehead Cif
V
b. City, town, community or landmark
n'l aher'd n-u
1. APPLICANT
c. Street address or secondary roVL
mber
100 C,Gnr(n Izr
a. Landowner:
j'1m �13ai le"c}-
Name `3pooneYS OrfeL LLC d. Is proposed work within city limits or planning
jurisdiction. _ V Yes No
Address- 0 l QhdS E32d Z-1- e. Name of body of water nearest pro' t ((e g. river,
City (Ylov�ehea ('i1� State JJC creek, sound, bay)
Zip 2,R55-* Day Phone (2 5Z) 2141 - l z ao
3. DESCRIPTION AND PLANNED USE
Fax
OF PROPOSED PROJECT
b. Authorized Agent:
Name a. List all development activities you propose (e.g.
building a home, motel, marina,bulkhead,pier,and
excavation and/or filling activities.
Address 151 - H(Lj-V aq
Moll no—
City M(SYPh'P0J CIA-CA State 1JC
Zip Z$ST` Day Phone ZsZ) ay - y 9 b. Is the proposed activity maintenance of an existing
project, new work, or both? new
Fax (XsZ) au 1-q dq
c. Will the project be for public,private or commercial
use? t oak i C,
c. Project name (if any) Simone/5 Creek
�aCM d. Give a brief description of purpose,use, methods of
construction and daily operations of proposed
NOTE: Permit will be issued in acme of lmdowner(s), and/or project. If more space is needed, please attach
additional pages.
PrOJect name.
2. LOCATION OF PROPOSED
PROJECT F,--op A- O t-n kn�-kM � ')Y) S
a. County a✓�e►'��"
Revised 03/95

P9
MAY 1 6 2006
Form DCM-MP-1
Morehead City DCM
in. Describe existing wastewater treatment facilities.
4. LAND AND WATER to 11Tast4J11t., b
CHARACTERISTICS `„' b� Tvw-
a. Size of entire tract 9 S4 Ac 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 residential discharges.)
c. Approximate elevation of tract above MHW or
NWL 12)f } a.es erg cl�scl„� �e9 �� �.s CKe
d. Soil e(s) and texture(s) of tract o. Describe existing drinking water supply source.
e. Vegetation on tract WIKCK '
f. Man-made features now on tract
u,v-\d_u c� io ��} See C'AWU4pvr�,t 5• ADDITIONAL INFORMATION
►(oq" 05
g. What is the CAMA Land Use Plan land In addition to the completed application form, the
classification of the site? (consrdt the local laid use plan.) following items must be submitted:
Conservation Transitional • A copy of the deed (with state application only) or
Developed Community
Rural � Other-�S�denh"cLl- other instrument under which the applicant claims title
to the affected properties. If the applicant is not
h. How is the tract zoned by local government? claiming to be the owner of said property, then
PD forward a copy of the deed or other instrument under
which the owner claims title, plus written permission
i. Is the proposed�Project consistent with the applicable from the owner to carry out the project.
zoning? ✓ Yes No
(Attach zoning compliance certificate, ff applicable) • An accurate, dated work plat ('including plan view
and cross-sectional drawings)drawn to scale in black
j. Has a professional archaeological assess ent been ink on an 8 1/2" by II" white paper. (Refer to
done for the tract? Yes assess
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 eligible 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 the site? _-Z Yes _No Engineers regarding that agency's use of larger
Coastal (marsh) Other drawings.) A site or location map is a part of plat
If yes, has a delineation been conducted? A o�_ requirements and it must be sufficiently detailed to
(Anal,douaeentation, if available) guide agency personnel unfamiliar with the area to the
Revised 03/95

ZVE 1,
Form DCM-MP-1
MAY 1 6 2006
site. Include highway or secondary road (SR)
numbers, landmarks, and the like. 6. CERTIFICATION AND PERMISSION
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
I certify that to the best of my knowledge, the proposed
that they have 30 days in which to submit comments
activity complies with the State of North Carolina's
on the proposed project to the Division of Coastal
approved Coastal Management Program and will be
Management. Upon signing this form, the applicant
further certifies that such notice has been provided. conducted in a manner consistent with such program.
Name `(.n I c e F 3 Ww-yl I certify that I am authorized to grant, and do in fact,
Address lqI , `�-ttaA _0v (W20tx�,h.NC grant permission to representatives of state and federal
Phone Z gSi z review agencies to enter on the aforementioned lands in
connection with evaluating information related to this
Name v-eek, L-Lc- permit application and follow-up monitoring of the
Address `a*M rnPll),32A_Zcl 1raAVI )Lb project.
Phone 208�1
I further certify that the information provided in this
Name application is truthful to the best of my knowledge.
Address
Phone
This is the -4 day of l9ixfl , 19 -P0Qt0
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers, Print Name _EC� C'S
permittee, and issuing dates. v
S1t�r�•�G�r - `�V�lf3 050q� l Signature
LAWowwr or Authorized Agent
merl 6 a(00-0-7 f
I(oB - 05
• 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 _ DCM MP-2 Excavation and Fill Information
application. — 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.C. NOTE: Please sign and date each attachment in the
Environmental Policy Act (N.C.G.S. 113A - 1 to space provided at the bottom of each form.
10) If the project involves the expenditure of public
funds or use of public lands, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.
Revised 03/95

Form DCM-MP-6
MAY 1 6 2006
MARINA Morehead City DCM
DEVELOPMENT
(Required for the mooring of more than 10 vessels)
Attach this form to Joint Application for CAMA Major g. Typical boat Iength 30'
Permit, Form DCM-MP-1. Be sure to complete all
other sections of the Joint Application that relate to this h. Maximum boat length
proposed project.
i. Are any floating structures planned? L4C5
If so, describe
1. MARINA CHARACTERISTICS
a. Ch k below the type of marina proposed.
Commercial Public Residential
2. MARINA OPERATIONS
b. Will a marina be open to the general public?
Yes No
a. Check each of the following sanitary.facilities that
c. If there is residential development associated with will tie included in the proposed project.
the marina, how many units or lots are planned and V/ Office toilets
how many are currently developed? N—Toilets for patrons
11 ln,r e RIM;Ivy Number 4
3N- Car omv�<<�m ( flh��s Location_GIuh1,"m5,Q I ;ys�✓e
Showers
d. Check all of the types of services to be provided. Boat holding tank pumpout
Full service, including travel lift and/or rail Type and Iocation Jor 1 a bl
Dockage, fuel, and marine supplies
Dockage ("wet slips")only
Number of slips :9 3 b. Describe treatment type and disposal location for all
Dry storage sanitary wastewater. eZ(sancL 4n s�SA Aic-
Number of boats
Boat ramp(s)
Other (describe)
c. Describe the disposal of solid waste, fish offal and
e. Check below the proposed type of siting. trash disposal. ---)01,d c-rsk rX YX gq in
Land cut and access channel -, 1LAIc- sew f rt%SxbQ�- ,n
Open water with dredging for basin and/or "w" (Q.LMnC lass
channel
Open water, no dredging required d. How will overboard discharge of sewage from boats
Other (describe) be controlled? , I ki-le&�
C mQ6 haQL rrr ly)a
f. Describe the typical boats to be served (for example,
open runabout, charter boats, sail boats, mixed
types), fyl1 X P e. Give the location and number of "No Sewage
Discharge" signs proposed. each &cx::�,
Revised 03/95

%I A)
Form DCM-MP-6
Morehead City DCM
f. Describe the special design, if applicable, for o. Is the marina proposed within a primary c
containing industrial type pollutants, such as paint, secondary nursery area? Yes ✓ No
sandblasting waste and petroleum products.
0 1f\ p. Is the marina proposed within an area open t,
shellfish harvesting? Yes ✓ No
q. Give the location and number of "Pumpout
Available" signs proposed. eo'h c(br k
g. Where will residue from vessel maintenance be
disposed of? rJ �Pc
q'i �Y
Appkwt or Project Nume
h. Give the number of channel markers and "No
Wake" signs proposed. rvj P'
i. Give the location of fuel-handling facilities, and Date
describe the safety measures planned to protect area
water quality. 'LA(IOn
nV-k, h, r '[
j. Describe design measures that promote boat basin
flushing or circulation and that reduce water quality
impacts.
k. What will be the marina policy on overnight and
live-board dockage?
1. Is the proposed marina looted near any shellfish
leases? Yes _ /i No
If yes, give the name and address of the leaseholder.
m. If this project is an expansion of an existing marina,
what types of services are currently provided?
n. How many slips are now available? in
Revised 03/95

7 DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
1) APPLICANT: Spooner's Creek Development, LLC c/o Mr. Jim Bailey County: Carteret
LOCATION OF PROJECT: Western side of the conflux of Spooner's Creek& Bogue Sound at 100 Lands End Rd.,
Morehead City.
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 06/21/06
FIELD RECOMMENDATION: Attached: No To Be Forwarded: Yes
CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES
FIELD REPRESENTATIVE: Ryan Davenport DISTRICT OFFICE: Morehead\
DISTRICT MANAGER REVIEW:
B) DATE APPLICATION RECEIVED IN IALEIGH: 06/26/06 FEE REC'D: $400.00(100%) /
PUBLIC NOTICE REC'D: 06/09/06 END OF NOTICE DATE: 06/29/06 •� /
ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: V
APPLICATION ASSIGNED TO: (il�Vey ON: /0 _
C) 75 DAY DEADLINE: ��o 150 DAY DEADLINE:
CJg
MAIL OUT DATE: 06/26/06 STATE DUE DATE: 07/17/06
FEDERAL,DUE DATE: FED COMMENTS REC'D:
PERMIT FINAL ACTION: ISSUE DENY DRAFT ON
AGENCY DATE OBJECTIONS NOTES
COMMENTS
RETURNED YES NO
Coastal Management-Regional Representative f t�
Coastal Management-LUP Consistency Z/06
Division of Community Assistance [ v4
Land Quality Section j/pG S¢fsP
Division of Water Quality 3YU 2^ 1l of '�S IRoC
Storm Water Management(DWQ)
State Property Office lu Je G
Division of Archives&History Z/ /
Division of Environmental Health
Division of Highways __--nn
Wildlife Resources Commission Zo OHO v�` �„ J'�` j\ C"'A*
Division. of Water Resources
Division of Marine Fisheries 15 J4 ✓ i 1 -�o
Submerged Lands(DMF)
PW S. -7 �6
(-P0 -7liq),b

Permit# 14- 0 S
DCM Coordinator: U _
MAILING DISTRIBUTION:��//
rermitee. M C �(� R
Agent:
DCM Field Offices:
Eli eth City
ehead Ci
Washington
Wilmington
US Army Corps of Engineers(USACE):
Washington: Mike Bell(NCDOT)
Bill Biddlecome(NCDOT)
Raleigh Bland
Wilmington: Dave Timpy
Others-
Cultural Resources: Renee Gledhill-Earl
Pu is a er upp y: e r 0)
red Hill(WAR
arme is eries: a Street
NCDOT: Ken Pace
Shellfish Sanitation: Patty Fowler
State Property Office: Tommy Cline
Water Quality: ° -DOT
John Hennessy(NCDOT)
Wdlife Resources: Maria TripR
Steve Everhart
Travis i son(NCDOT)
LPO:
FAXING DISTRIBUTION:
Permitee at
Agent at fob ✓i q /l2� I�T S ' 2 N o
DCM Field Offices:
Elizabeth City(252-264-3723)
Morehead City(252-247-3330)
Washington(252-948-0478)
Wilmington(910-350-2004)
US Army Corps of Engineers(USAGE):
Washington: Mike Bell(NCDOT)
Bill Biddlecome(NCDOT)
Raleigh Bland(252-975-1399)
Wilmington: Dave Timpy(910-2514025)
CAMA Major Permit Process Manual Page 70 of 76

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley,Governor Charles S. Jones, Director William G. Ross Jr.,Secretary
MEMORANDUM
To: Doug Huggett 1/25/07
Through: Tere Barrett,District Manager
From: Ryan Davenport)�9
Re: Modification Request, Spooners Creek Development LLC #168-05
Please find enclosed a request from Stroud Engineering, acting on behalf of the Spooners Creek .
Development in their request to modify State Permit#168-05. This permit was originally issued
for the Spooners Creek condominium and residential complex, as well as the construction of
swimming pools, pool house, parking areas, driveways, utilities, underground storage tanks,
retaining wall and ships store. On 9/15/06 the permit was modified to expand the marina to 93
slips. This request is for the following:
-Construct 1,050 linear feet of a 6' wide boardwalk along the bulkhead on the Spooners
Creek side of the site.
-Relocate five slips from the northeast side of the project to the northwest dock and align the
remaining five slips along the bulkhead with six pilings located at 40' intervals.
histall two trench drains, one behind building B and one behind building C that will
discharge into the infiltration system.
-Construct a fire lane along the Spooners Creek side of the project that will be placed over
existing impervious area. DWQ has approved this change within the buffer.
This project is in accordance with 15A NCAC 07H .0208 and .0209 which regulates this type of
activity. All work must be performed and accomplished in accordance with the work plats
dated revised 12/8/06, and with the request submittal dated 12/20/06. All original conditions
included in State Permit# 168-05 apply. A $100 check has been submitted. Therefore, I
recommend the project be authorized under a Minor Modification.
Cc Dave Timpy, COE
Joanne Steenhuis, DWQ
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone]\FAX: [phone]\ Internet: www.nccoastalmanagement.net
An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper

DEC 2 0 Z006
STROUD ENGINEERING, P.A. Morehead City DCOM
CONSULTING ENGINEERS
HESTRON PLAZA TWO
151-A HWY.24
MOREHEAD CITY, NORTH CAROLINA 28557
[phone]
December 13,2006
Mr. Ryan Davenport
NC Division of Coastal Management
400 Commerce Ave.
Morehead City,NC 28557
RE: Spooners Creek Yacht Club
Major CAMA#168-05
Minor Modification Request
Dear Mr.Davenport,
Attached you will find drawings of the above referenced project,the CAMA
application, and a$100.00 Minor Modification fee for the proposed addition of:
- Approximately 1,0-*)u linear teet of an 6' wooden boardwalk along the
bulkhead on the Spooners Creek side of the site
- Relocation of five (5) docks from the northeast side of the project to the
northwest side,the remaining five (5) slips at the northeast side will be
aligned along the bulkhead with six(6)pilings located @ 40' intervals.
- Two(2)trench drains, one(1)behind Buildings B and one(1)behind C,
that will discharge to the infiltration systems.
- Fire Lane material to be impervious.
If you have any questions or concerns,please do not hesitate to contact me.
Sincerely,
Brad McMannen
107 COMMERCE ST. HESTRON PLAZA TWO
SUITE B 102-D CINEMA DRIVE 151-A HWY.24
GREENVILLE,NC 27858 WILMINGTON, NC 28403 MOREHEAD CITY, NC 28557
[phone] [phone] [phone]

NOV-28-2006 14:36 From: To:2522474098 P.2/10
wArF�Q Michuel h,Eudlay,Governor
William 0,Roas.lr„Scerclury
North Carol inu Dorurtmonl of I?nvironmem and Naturul Resources
Alan W Klimck,P li Director
Division or Watcr Quality
November 27, 2006 23
'
Walter D. Brady, Managing Member
Spooners :fabr: Devr iuprriani Company, LLC DEL 2 0 ZUU6
100 L�.ndG 1-:Ad Read ".
Morehead City, NC 28557 Morehead City D�M
Subject: Stormwater Permit No. SW8 050901
Spooners Creek Yacht Club
High Density Subdivision Project
Carteret County
Dear Mr. Brady:
The Wilmington Regional Office received a complete Stormwater Management Permit
Application for Spooners Creek Yacht Club on November 22, 2006, Staff review of the plans
and specifications has determined that the project, as proposed, will comply with the
Stor►'nwater Regulations set forth in Title 15A NCAC 21-11,1000, We are forwarding Permit No.
SW8 050901 MOD dated November 27, 2006, for the construction of the subject project.
This i::, :::rnit modification due to changes In the original permitted Built Upon Area (BUA,
and slight changes in the drainage area and infiltration trench dimensions In drainage areas #1
and #6, The BUA was modified from 136,859 sf to 137,487 sf, the drainage area was modified
from 184,102 sf to 189,075 sf, and the trench volume was Increased from 16,564 cf to 16,881
cf in drainage area #1 . Drainage area #6 BUA was modified from 28,660 sf to 32,121 sf, the
drainage area was modified from 47,829 sf to 62,227 sf, and the trench volume was increased
from 3,624 cf to 3,977 cf.
These modifications were made due to a change In surface material type from the originally
permitted "wooden plank" to an "asphalt surface" for the Fire Lane. All other drainage areas
remain unaffected by this change.
This permit shall be effective from the date of issuance until November 27, 2016, and shall be
subject to the conditions and limitations as specified therein, Please pay special attention to
the Operation and Maintenance requirements in this permit. Failure to establish an adequate
system for operation and maintenance of the stormwater management system will result in
future compliance problems.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have
the right to request an adjudicatory hearing upon written request within thirty (30) days
following receipt of this permit. This request must be in the form of a written petition,
0u0
N plhCorn 'nu
Naturally
North Curohnu Division of Wotar Quality 1017 Mail Setviao Center Rolclgh,NC 27699.1617 Phone[phone] Customer Servico
Intornor WWW,p"0lz4UJ1ty era Locatlow 512 N.Sall5hury St. Raleigh,NC 27604 174X [phone] 1•H77.623-674H
An Equal OpportunitylAlflrmotivo Actlon Employer-60%Rocyclocom Post coneumor Popor

NOV-28-2006 14:36 From: To:2522474098 P.3/10
State Stormwater Management Systems
Permit No, SW8 050901 MOD
conforming to Chapter 150E of the North Carolina General Statutes, and filed with the Office of
Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands
are made this permit shall be final and binding.
If you have any questions, or need additional Information concerning this matter, please
contact Chris Baker, or me at [phone], 7 ^�—
����
Sincer
GLtt.�
U E C 2 0 L U U6
Regional
Beck R Morehead Cif GCM
Regional Supervisor 'y
Surface Water Protection Section
ENB/csb: S:IWQSISTORMWATERIPERMIT1050901 MOD.novO6
cc: Ronald D. Culllpher, P.E., Stroud Engineering, P.A.
Carteret County Building Inspections
Division of Coastal Management
Chris Baker
Wilmington Regional Office
Central Files

' NOU-28-2006 14:36 From: To:2522474098 P.4/18
State Stormwater Management Systems
Permit No. S 8 050901 MOD_
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STA�'I 5Tc5FiM DEC 2 0 2006
*iiATEK MANAGEMENT PERMIT'
HIGH DENSITY SUBDIVISION DEVELOPMENT orehead t.:4 DCM
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of
North Carolina as amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Walter D. Brady and Spooners Creek Development Company, LLC
Spooners Creek Yacht Club
Carteret County
FOR THE
construction, ration and rr,c.!',4onance of six underground infiltration trenches In
compliance with the provisions of 15A NCAC 2H .1006 (hereafter referred to as the
"stormwater rules') and the approved stormwater management plans and specifications
and other supporting data as attached and on file with and approved by the Division of
Water Quality and considered a part of this permit.
This is a permit modification due to changes In the original permitted Built Upon Area
(BUA) and slight changes in the drainage area and infiltration trench dimensions in
drainage areas #1 and #6. The BUA was modified from 136,869 sf to 137,487 sf, the
drainage area was modified from 184,102 sf to 189,075 sf, and the trench volume was
increased from 16,564 cf to 16,881 cf in drainage area #1. Drainage area #6 BUA was
modified from 28,660 sf to 32,121 sf, the drainage area was modified from 47,829 sf to
62,227 sf, and the trench volume was Increased from 3,624 cf to 3,977 cf.
These modifications were made due to a change in surface material type from the
originally permitted "wooden plank" to an "asphalt surface" for the Fire Lane. All other
drainage areas remain unaffected by this change.
This permit sha i ue effective from the date of Issuance until November 27, 2016, and
shall be subjeck iu the following specified conditions and limitations:
I. DESIGN STANDARDS
1. This permit is effective only with respect to the nature and volume of stormwater
described in the application and other supporting data.
2. This stormwater system has been approved for the management of stormwater
runoff as described In Section 1.7 on page 3 of this permit. The subdivision Is
permitted for 19 lots, each allowed built-upon area in square feet as follows: Lot
#1- 13,000; Lot #2- 9,000; Lots #3 through #19- 6,000.
Pago 3 of 9

NOU-28-2006 14:36 From: To:2522474098 P.5/10
State Stormwater Management Systems
Permit No. SW8 050901_MOD 71
3. The stormwater control has been designed to handle the runoff from a total of
239,894 square feet of impervious area, The six infiltration trenches must be k) 2006
operated with a 50' vegetated filter.
iVlor'eho
4. The tract will be limited to the amount of built-upon area Indicated on page ggiQty DCM
this permit, and per approved plans, There is no built-upon area allotment for
future development.
5, Nei stormwater coi;dctlon and treatment iy5tern6 inust ba locclied in either
dedicated common areas or recorded easements, The final plats for the project
will be recorded showing all such required easements, In accordance with the
approved plans,
6, The runoff from all built-upon area within the permitted drainage areas of this
project must be directed into the permitted stormwater control system.
7. The following design criteria have been provided In the Infiltration trenches and
must be maintained at design conditions:
Design Criteria Inflltratlon Trench S stem
#1 #2 #3 #4 #5 #B
a. Drainage Area acres 4.34 1.77 0.08 0.14 0,25 1.10
Onsite ft 189,075 77,184 3,354 5 972 10,733 52,277
Offslte ft None None None None None None
b. Total Im ervlous Surfaces ft 137,487 67 639 2 323 6 203 8,686 32,121
Onslte l3ulldln a ft 96,248 32 218 0 0 1 696 18 614
Unsite Streets ft 41 r;u; I_,89 2 323 5,203 7 OAO 8�967
mite Sidewalks ft u ^ A;424 Q u 0 w 540
c, Desl n Storm inches 1.5 1.5 1.5 1.5 1.5 1,5
d. Trench Dimenslons, LxwxH,ft (1)227x (1)100x (1)70x (1)70x (1)60x (1)60x
20.32x2.76 10.184.75 3.92 x 2.0 7.84 x 2.0 16,68x2,0 3,02 x 2.0
and and and
(1)270x (1) 106x (1)05x
16.242.76 26.4x2.76 27.44 x 2.0
e. 3606Arch, perforated Plpe, 49"x 33"x 49"x 33"x 38"x 24"x 35"x 24'x 36"x 24"x 36"x 24"x
Width x Height x Lan th 1720, 726' 70, 140' 240' Boo,
f. Bottom Elevation FMSL 6.5 6.6 6.5 6,5 6.5 6.5
g. Bypass Welr Elevation FMSL 9,25 0,25 8.5 8,5 8,5 8.5
h. Permitted Storage volume fill 16 881 6,982 345 690 1,183 3,977
I. Typo of Soil Corolla Wando Corolla I Corolla Corolla Corolla
Ex acted Infiltration Rat© In/hr 3.0 6,0 3.0 3.0 3,0 3,0
k, Seasonal HI. Water Table FMSL 4.5 4.5 4.6 4.5 1 4.5 4.5
I, Time to Draw Down hours 6.6 1 3.1 4,0 4,3 6,0 5.7
m. Recelvin Stream/River Basln 6o uo SoundlWhlte Ook
n. Stream Index Number 20.36. 8,5
o, Classlfication of Wow Bod SA; HOW
II. SCHEDULE OF COMPLIANCE
1 . The stormwater management system shall be constructed In its entirety,
vegetated and operational for its intended use prior to the construction of any
built-upon surface.
2. During construction, eroslon shall be kept to a minimum and any eroded areas of
the system will be repaired immediately,
Page 4 of 9

NOV-23-2006 14:36 From: To:2522474090 P.6'1FJ
State Stormwater Management Systems
Perm t ( o, SW8 050901 Map
3. The facilities shall be constructed as shown on the approved plans. This permit �;l R '
shall become voidable unless the facilities are constructed in accordance with '
the conditions of this permit, the approved plans and specifications, and other
supporting data. 2006
4. If the stormwater system was used as an Erosion Control device, it must be
restored to design condition prior to operation as a stormwater treatment d;44c ty D
and pri to cccupancy of tho fo^`Ity, CM
5. The permittee shall at all times provide the operation and maintenance
necessary to assure the permitted stormwater system functions at optimum
efficiency. The approved Operation and Maintenance Plan must be followed in
its entirety and maintenance must occur at the scheduled Intervals including, but
not limited to:
a. Semiannual scheduled Inspections (every 6 months).
b. Sediment removal.
c. Mowing and revegetation of slopes and the vegetated filter.
d. Immediate repair of eroded areas.
e. Maintenance of all slopes In accordance with approved plans and
specifications,
f. Debris removal and unclogging of bypass structure, filter media, flow
spreader, catch basins, piping and vegetated filter.
g. A clear access path to the bypass structure must be available at all times.
6. Records of maintenance activities must be kept and made available upon
request to authorized personnel of DWQ. The records will indicate the date,
activity, name of person perfoi the �s�or; . S ; hay autiuns ward iakun.
7. Upon completion of construction, prior to issuance of a Certificate of Occupancy,
and prior to operation of this permitted facility, a certification must be received
from an appropriate designer for the system installed certifying that the permitted
facility has been installed in accordance with this permit, the approved plans and
specifications, and other supporting documentation, Any deviations from the
approved plans and specifications must be noted on the Certification. A
modification may be required for those deviations.
8. Access to the stormwater facilities shall be maintained via appropriate
easements at all times.
9. The permittee shall submit to the Director and shall have received approval for
revised plans, specifications, and calculations prior to construction, for any
modification to the approved plans, including, but not limited to, those listed
below:
a. Any revision to any item shown on the approved plans, Including the
stormwater management measures, built-upon area, details, etc.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built-upon area or to the
drainage area,
e. Further subdivision, acquisition, lease or sale of all or part of the project
area. The project area Is defined as all property owned by the permittee,
for which Sedimentation and Erosion Control Plan approval or a CAMA
Major permit was sought.
f, Filling in, altering, or piping of any vegetative conveyance shown on the
approved plan.
Pago 5 of 9

NOU-28-2006 14:37 From: To:2522474098 P.7/10-
State Stormwater Management Systems
Permit No. SW8.050901MOD
10. The permittee-shallsubmit final site layout and grading plans for any permitted
future areas shown on the approved plans, prior to construction,
11, A copy of the approved plans and specifications shall be maintained on file by
the Permittee for a minimum of ten years from the date of the completion of
construction. .446A Z
006
12. The Director may m,)Vf" the permltteo ,.tiher.. the permitted site Anes nor&et
or more of the minimum requirements of the permit. Within the time frame
specified in the notice, the permittee shall submit a written time schedule to the ,Y�
Director for modifying the site to meet minimum requirements. The permittee
shall provide copies of revised plans and certification In writing to the Director
that the changes have been made.
13. Prior to the sale of any lot, the following deed restrictions must be recorded:
a. The following covenants are intended to ensure ongoing compliance with
State Stormwater Management Permit Number SW8 060901 MOD, as
issued by the Division of Water Quality under NCAC 2M.1000,
b, The State of North Carolina Is made a beneficiary of these covenants to
the extent necessary to maintain compliance with the Stormwater
Management Permit.
C. These covenants are to run with the land and be binding on all persons
and parties claiming under them.
d. The covenants pertaining to storm v er may hot iDe altered or rescinded
without the express written consent of the State of North Carolina,
Division of Water Quality.
e. Alteration of the drainage as shown on the approved plans may not take
place without the concurrence of the Division of Water Quality.
f. The maximum built-upon area per lot in sqquare feet is as follows: Lot #1-
13,000; Lot#2- 9,000; Lots #3 through 4
19- 6,000. This allotted amount
includes any built-upon area constructed within the lot property
boundaries, and that portion of the right-of-way between the front lot line
and the edge of the pavement. Built upon area includes, but is not limited
to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and
parking areas, but does not include raised, open wood decking, or the
water surface of swimming pools.
g. Lots within CAMA's Area of Environmental Concern may be subject to a
reduction In their allowable built-upon area due to CAMA regulations,
h. All runoff on the lot must drain into the permitted system, This may be
accomplished through providing root Grain gutters which drain to the
street, grading the lot to drain toward the street, or grading perimeter
swales and directing them into the pond or street. Lots that will naturally
drain into the system are not required to provide these extra measures.
i. Built-upon area in excess of the permitted amount will require a permit
modification.
Page 6 of 9

NOU-28-2006 14:37 From: To:2522474098 P.8/10
State Stormwater Management Systems
Permit No. SW8 050901.MOD
14, A copy of the recorded deed restrictions must be submitted to the Division within
30 days of the date of recording the plat, and prior to selling lots. The recorded
copy must contain all of the statements above, the signature of the Permittee,
the deed book number and page, and the stamp/signature of the Register of
Deeds.
III. GENERAL CONDITIONS f�01-1 2 f°10 Y
hn, 06
1. This permit not transferable exoopt after notico 10 aroA approval by the CRkta,,,
In the event of a change of ownership, or a name change, the permittee m.ugt >��y
submit a formal permlf transfer request to the Division of Water Quality, QC
accompanied by a completed name/ownership change form, documentation
from the parties involved, and other supporting materials as may be appropriate.
The approval of this request will be considered on Its merits and may or may not
be approved. The permittee is responsible for compliance with all permit
conditions until such time as the Division approves the transfer request.
2. Failure to abide by the conditions and limitations contained in this permit may,
subject the Permittee to enforcement action by the Division of Water Quality, in
accordance with North Carolina General Statute 143-215.6A to 143-215.6C.
3, The Issuance of this permit does not preclude the Permittee from complying with
any and all statutes, rules, regulations, or ordinances, which may be imposed by
other government agencies (local, state, and federal) having jurisdiction.
4. In the event that the facilities fall to perform satisfactorily, including the creation
of nuisance conditions, the Permittee shall take immediate corrective action,
including those as may be required by this Division, such as the construction of
additional or replacement stormwater management
5. The permittee grants DENR Staff permission to enter the property during normal
business hours for the purpose of inspecting all components of the permitted
stormwater management facility.
6. The permit may be modified, revoked and reissued or terminated for cause. The
filing of a request for a permit modification, revocation and reissuance or
termination does not stay any permit condition.
7. Unless specified elsewhere, permanent seeding requirements for the stormwater
control must follow the guidelines established In the North Carolina Erosion and
Sediment Control Planning and Design Manual.
a. Approved plans and specifications for this project are incorporated by reference
and are enforceable parts of the permit.
9. The permittee shall notify the Division any name, ownership or mailing address
changes within 30 days.
Permit issued this the 27th day of November 2006.
No AROLI E IRONMENTAL MANAGEMENT COMMISSION
for an me , ., rec or
Division of Water Quality
By Authority of the Environmental Management Commission
Page 7 of 9

NOU-28-2006 14:37 From: To:2522474098 P.9/10
State Stormwater Management Systems
Permit No, SW8 060001MOD
�1- oF�, ' y
Sppooners Creek Yacht Club 0,�
Storrnw3ter °Arrr,it No. SW8 050901MOD . - fj -
Ca-mere Coun .LQq��,
Cry
Designers Certification
41
as a duly registered
in the State of North Carolina, having been authorized to observe (periodically/weekly/
full time)the construction of the project,
(Project)
for (Project Owner) hereby state that, to the
best of my abilities, due care and diligence was used in the observation of the project
cor gt,ri,ir tine SUr'h that the construction was observed to be built within suhgtantiel
romniianrA and Intent of the annroved plans and specifications.
The checklist of items on page 2 of this form is included in the Certification.
Noted deviations from approved plans and specification:
SEAL
Signature
Registration Number
Date
Page 8 of 9

NOU-28-2006 14:37 From: To:2522474098 P. 10/10
State Stormwater Management Systems
Permit No, SW8 050901_MQJ
c
4fore 2 0 goo
heap 6
Certification Requirements: C�
1. The drainage area to the system contains approximately the permitted
acreage.
2. The drainage area to the system contains no more than the permitted
amount of built-upon area.
3. All the built-upon area associated with the project is graded such that the
runoff drains to the system.
4. All roof drains are located such that the runoff Is directed Into the system.
5. The bypass structure elevations are per the approved plan.
6. The bypass structure is located per the approved plans.
7. A Trash Rack is provided on the outlet/bypass structure.
_8. Hn slopes are grassed with permanent vegetation.
9. Vegetated slopes are no steeper than 3:1.
10, The inlets are located per the approved plans and do not cause short-
circuiting of the system,
11, The permitted amounts of surface area and/or volume have been
provided.
12. All required design depths are provided,
13. All required parts of the system are provided.
14. The required system dimensions are provided per the approved plans.
cc: NCDENR-DWQ Re Tonal Office
Carteret County Building Inspections
Page 9 of 9

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O.BOX 1890
WILMINGTON, NORTH CAROLINA28402-1890
IN REPLY REFER TO September 14, 2006
Regulatory Division
Action ID No. SAW-2006-33042-016 and State Permit No. 168-05
Jim Bailey
Spooners Creek Development, LLC SEP 2 5 2006
100 Lands End Road
Morehead City,NC 28557 Morehead City ixm
Dear Mr. Bailey:
Reference your application for a Department of the Army permit to redevelop the existing
marina that will include demolition of the existing docks and construction of new docks to
increase the slip count from 82 to 93 at Spooners Creek Development located at 100 Lands End
Road in Morehead City, Carteret County,North Carolina as described in the CAMA application
dated April 7, 2006 and received by this office on June 28, 2006.
Your proposal has been reviewed and found to be consistent with the provisions and
objectives of general permit No. 198000291 (enclosed). Therefore, you may commence
construction activity in strict accordance with applicable State authorization, the approved plan
(enclosed), and the special conditions (enclosed). Failure to comply with the State authorization
or conditions of the general permit could result in civil and/or administrative penalties.
If any change in your work is required because of unforeseen or altered conditions or for
any other reason,plans revised to show the change must be sent promptly to this office and the
North Carolina Division of Coastal Management prior to performing any such change or
alteration. Such action is necessary as revised plans must be reviewed and the authorization
modified.
Questions or comments may be addressed to me at the Wilmington Field Office,
Regulatory Division, telephone [phone].
Sincerely,
Dave Timpy, Project Manager
Wilmington Regulatory Field Office
Enclosures

Copies Furnished without enclosure:
Ms. Cyndi Karoly Mr. Pete Benjamin
Division of Environmental Management U.S. Fish and Wildlife Service
North Carolina Department of Environment Fish and Wildlife Enhancement
and Natural Resources Post Office Box 33726
1650 Mail Service Center Raleigh,North Carolina 27636-3726
Raleigh,North Carolina 27699-1650
Mr. Ron Sechler
Mr. Ronald J. Mikulak, Chief National Marine Fisheries Service
Wetlands Section-Region IV Pivers Island
Water Management Division Beaufort,North Carolina 28516
U.S. Environmental Protection Agency
61 Forsyth Street, SW Mr. David Rackley
Atlanta, Georgia 30303 NUTS,Habitat Conservation Division
219 Fort Johnson Road
Mr. Doug Huggett Charleston, South Carolina 29412-9110
Division of Coastal Management
North Carolina Department of Environment Tere Barrett
and Natural Resources Division of Coastal Management
400 Commerce Avenue North Carolina Department of Environment,
Morehead City,North Carolina 28557 Health, and Natural Resources
400 Commerce Avenue
Morehead City,NC 28557-3421
i
2

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
A LW-WA
7,1'a
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
MEMORANDUM:
TO: DOUG HUGGETT
FROM: RYAN DAVENPORT `
THROUGH: TERE BARRETT
SUBJECT: COMMENTS & RECOMMENDATIONS — Major Modification to #168-05
DATE: 8/24/06
The following are my comments and recommendations regarding the aforementioned proposal.
The proposal is to redevelop an existing marina and expand it by 14% from 82 to 93 slips. The
proposed docks will extend 210' into the water body for a reduction of 20' from the existing
docks. .Spooners Creek is 520' wide in area of these docks. Ten of the slips will be outside of
the existing footprint and extend 25' into the 110' waterbody. This area is currently heavily used
for boating and has sufficient water depths. This use should not change however the marina
will change from serving as a public marina to serving as a private marina. This project is
consistent with 15A NCAC 07H .0208 except for the docks that extend greater than 1/4 width of
Spooners Creek. However, the non- conforming docks are consistent with 15A NCAC 07J
.0211. Therefore, I recommend the project be authorized as proposed, contingent upon the
following conditions:
1 Prior to the occupancy of any new slips authorized under this permit, a marine pumpout
sewage disposal facility will be installed and operable, and maintained for the life of the
marina.
2 The marina will display a sign showing the location of the on-site pumpout facility,
including other appropriate waste disposal information, at the entrance and exit from the
main pier(s).
3 No sewage, whether treated or untreated, shall be discharged at any time from any
boats using the marina. Any sewage discharge at the marina shall be considered a
violation of this permit for which the permittee is responsible. This prohibition shall be
applied and enforced throughout the entire existence of the permitted structure.
4 This permit authorizes only the docks, piers, and other structures and uses located in or
over the water that are expressly and specifically set forth in the permit application. No
other structure, whether floating or stationary, may become a permanent part of this
marina without permit modification. No non-water dependent uses of structures may be
conducted on, in or over public trust waters without permit modification.
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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5 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.
6 The authorized structure and associated activity must not cause an unacceptable
interference with navigation.
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 permitted activity without having it transferred to a third
party.
8 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.
9 This permit authorizes a maximum of 93 boat slips. At no time shall more than 93
vessels be moored or docked at the facility. The restriction of the number of vessels
shall apply to all marine vessel types, including but not limited to motorboats, sailing
vessels and personal watercraft.
I
Cc: Tere Barrett, DCM
Ted l�,DCM
Dave Timpy, COE

��
iA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
September 7, 2006
Spooners Creek Development, LLC
C/o Jim Bailey
100 Lands End Rd.
Morehead City, NC 28557
Dear Mr. Bailey:
This letter is with reference to your application for a Coastal Area Management Act
Major Development permit to reconfigure all existing marina and increase the slip count front 82
to 93, adjacent to Spooners Creek, NC.
Although processing of the application is nearing completion, additional time is needed
for this ol'fice to complete the review and slake it decision on your request. Therefore, it is
necessary that the standard review time be extended. An additional 75 days is provided by G.S.
113A-122(c) which would make November 18, 2006 the new deadline for reaching a decision
Oil your request. However, we expect to take action prior to that time and will do so as soon as .
possible. In the interim, if you have any question on the status of your application, do not
hesitate to contact me by phone [phone]) or e-mail (doug.huggettC)ncnlail.net).
Very sincerely,
v, N.4�
R7<*(6)-Ug Haggett
Major Permits & Consistency Coordinator
cc: DCM, Morehead City
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone]\Internet: www.nccoastalmanagement.net

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
MEMORANDUM
To: Doug Huggett,Major Permits Processing Coordinator
From: : Maureen Meehan Will,DCM Morehead City District Plannek45�
Date: July 17;2006
Subject: Major Permit Application,Requested by James Bailey for Spooner's Creek Development to
demolish and redevelop an existing marina from 82 to 93 slips,on Property Located at 100
Lands End Road,Adjacent to Spooner's Creek at the conflux of Bogue Sound,Morehead
City, Carteret°County,North Carolina
LUP Consistency Determination:The proposal is Consistent With&Not in Conflict with the 1999
Town of Morehead.City Land Use Plan certified by the CRC on May 28, 1999,provided that
all applicable local, state,and federal development guidelines are met.
Overview:
The Areas of Environmental Concern (AECs) impacted by the proposal include Estuarine Water and
Public Trust Area. The Waters at the project site are classified as SA and are closed to the harvesting of
shellfish. The area is not a Primary Nursery Area.
The Morehead City Land Classification Map designates the subject property as residential with all AECs
as "Conservation". Development within the designated AECs is limited by CAMA regulations and
development guidelines. Applicable or related policy includes the following:
The town concurs with the CAMA definition and use standards for marinas.
" Appropriate land uses within the estuarine shoreline include any permissible land uses
authorized by the Morehead City Zoning Ordinance and Flood Damage Prevention
Ordinance that conforms to CAMA development standards". (Section 3.223 Policy 3,pg. 3-
8)
"Estuarine shoreline development shall be designed to adequately provide for stormwater
runoff in accordance with state regulations." (Section 3.223 Estuarine Shoreline Policy 4,
pg. 3-8)
"Only those uses which require water access and cannot function elsewhere will be
permitted in estuarine waters."(Section 3.222 Policy 2,pg. 3-7)
"Activities in estuarine and public trust waters shall not permanently or significantly
affect the functions, cleanliness, salinity, or circulation of such waters." (Section
3.222 Policy 4, pg 3-7)
"Development shall meet state and/or federal permitting requirements for acceptable
impacts." (Section 3.223 Policy 1, pg. 3-8)
Cc: Tere Barrett,MHC District Manager
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone]\FAX: [phone]\Internet: www.nccoastalmanagement.net
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07/17/2006 09. 09 FAX [phone] NCDEPTENVIRONMENTNATRES 12 003/003
Worth Carolina Wildlife Resources Commission 9
Richard B. Hamilton, Executive Director
MEMORANDUM
TO: Doug Huggett,Major Permits Processing Coordinator
Division of Coastal Management
North Carolina Department of Environment and Natural Resources
FROM: Maria Tripp,Northeast Coastal Region Coordinator A p i Lf
Habitat Conservation Section
DATE: July 17, 2006
SUBJECT: CAMA Dredge/Fill Permit Application for Spooner's Creek Development, LLC,
c/o Mr.Tim Bailcy, Carteret County,North Carolina.
Biologists with the North Carolina Wildlife Resources Commission(Commission)reviewed the
permit application with regard to impacts on fish and wildlife resources.The project site is located at 100
Lands End Road,Morehead City,NC. Our comments arc provided in accordance with provisions of the
Coastal Area Management Act(G.S. 113A-100 through 113A-128), as amended, and the Fish and Wildlife
Coordination Act(48 Stat. 401, as amended; 16 U.S.C. 661 et seq.).
The applicant proposes to redevelop an existing marina through the demolition of existing dock
structures and the construction of new docks, increasing slip numbers from 82 to 93. The change will
incorporate 112,125 square feet of public trust waters.The marina will convert from a public to private
facility. Spooner's Creek is classified SA by the Environmental Management Commission.
The Commission supports any concerns and recommendations stated by the NC Division of Marine
Fisheries.
We appreciatc the opportunity to review and comment on this permit application. If you need
fwther assistance or additional information,please contact me at(252)948-3916.
Mailing Addrem: Division of Inland Fisheries • 172) Mail Service Center • Raleigh,NC 27699-1721
Telephone: [phone] • Fax: [phone]

NCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor Division of Marine Fisheries Preston P. Pate Jr., Director
William G. Ross Jr., Secretary
July 14, 2006
MEMORANDUM
TO: Doug Huggett
THROUGH: Mike Street
FROM: Mike Marshall 1AT*`
SUBJECT: CAMA Permit Major Modification 168-05, Spooners Creek
The North Carolina Division of Marine Fisheries (DMF)has reviewed the subject
permit modification under authority of General Statute 113-131, and we offer the
following comments.
A site visit was conducted on July10, 2006.
The entrance to Spooners Creek is comprised of a relatively narrow channel that
makes a sharp turn at the narrowest point in the entrance. Approximately 20' of the 110'
opening at the entrance is currently occupied by private docks at two locations. Adding a
minimum of 30' of dockage space will limit the area to no more than 60'of navigable
channel in the entrance a those locations. Safe navigation in the entrance is further
hindered because the height of the existing land makes the approach blind for medium
and small boats and construction of multi-story homes will also restrict visibility of larger
vessels. This combination of a sharp turn in the entrance coupled with blind approaches
already hinders safe navigation and further restriction of the navigational area will
increase the danger of a collision. Vessels up to 60 feet in length with beams
approaching 14 feet currently use Spooners Creek and with the upgrades to the marina
there is a good possibility use by large vessels will increase. There are presently 8-10
vessels greater than 50 feet in length berthed in Spooners Creek that would be affected by
narrowing the channel at the entrance and there are non-marina berths for more. These
vessels need more than the minimum space proposed to make the turn and avoid boats
they cannot see until they are within the entrance.
The removal of the pier at former slips 1&2 will improve navigation in the area.
The previous use for the bulkhead space proposed for slips 84-93 was side-to,
temporary dockage for fueling and supplies. Dockage in this area should not exceed use
of waters more than 15' from the bulkhead. The proposed dock construction plans for
slips 84-93 will result in significant adverse impacts to navigation in the entrance to
Spooners Creek. DMF recommends denial of this permit modification unless
modifications are made in the area of proposed slips 84-93 to maximize the navigable
area at the entrance.
None
rrthCarolina
3441 Arendell Street,P.O.Box 769,Morehead City,North Carolina 28557 Natma!!rf
Phone: [phone]\FAX: [phone]\Internet:www.ncdmf.net
An Equal Opportunity/Affirmative Action Employer—50%Recycled\10%post Consumer Paper

RZI- E�NR
North Carolina Department of Environment and Natural Resourc
Division of Coastal Management
Michael F.Easley,Governor Charles S. Jones, Director William G. Ross Jr.,Secretary
June 26, 2006
MEMORANDUM: 1�g
TO: Maureen Will,District Planner
Division V.Coastal Management
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE &FILL Permit Application Review
Applicant: Spooner's Creek Development, LLC c/o Mr. Jim Bailey
Project Location: Carteret County: Western side of the conflux of Spooner's Creek&Bogue Sound
at 100 Lands End Road, Morehead City,NC.
Proposed Project: The applicant proposes a major modification to State Permit# 168-05 to redevelop
an existing marina involving the demolition of existing docks & construction of
new docks increasing the slips from 82 to 93.
Pl
ease indicate below your agency's position or viewpoint on the proposed project and return this form by
Y k b-IT you have any questions regarding the proposed project,please contact Ryan Davenport:at
[phone]. When appropriate, in-depth comments with supporting data are requested.
REPLY: This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the project only if the recommended changes are
incorporated. See attached.
This office objects to the project for reasons described in the attached comments.
'n
SIGNED 1 DATE •� n�V
400 Commerce Avenue, Morehead City, North Carolina 2 57
Phone: [phone] FAX: [phone] Intemet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

Ai••,
r
NCDENR.
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr.,Secretary
MEMORANDUM
To: Doug Huggett, Major Permits Processing Coordinator
From: Maureen Meehan Will, DCM Morehead City District Plannerk't�-�
Date: July 17, 2006
Subject: Major Permit Application, Requested by James Bailey for Spooner's Creek Development to
demolish and redevelop an existing marina from 82 to 93 slips, on PropertyLocated at 100
Lands End Road, Adjacent to Spooner's Creek at the conflux of Bogue Sound,Morehead
City, Carteret'County, North Carolina
LUP Consistency Determination: The proposal is Consistent With &Not in Conflict with the 1999
Town of Morehead.City Land Use Plan certified by the CRC on May 28, 1999, provided that
all applicable local, state, and federal development guidelines are met.
Overview:
.The Areas of Environmental Concern (AECs) impacted by the proposal include Estuarine Water and
Public Trust Area. The Waters at the project site are classified as SA and are closed to the harvesting of
shellfish. The area is not a Primary Nursery Area.
The Morehead City Land Classification Map designates the subject property as residential with all AECs
as "Conservation Development within the designated AECs is limited by CAMA regulations and
development.guidelines. Applicable or related policy includes the following:
The town concurs with the CAMA definition and use standards for marinas.
" Appropriate land uses within the estuarine shoreline include any permissible land uses
authorized by the Morehead City Zoning Ordinance and Flood Damage Prevention
Ordinance that conforms to CAMA development standards". (Section 3.223 Policy 3, pg. 3-
8)
"Estuarine shoreline development shall be designed to adequately provide for stormwater
runoff in accordance with state regulations." (Section 3.223 Estuarine Shoreline Policy 4,
pg. 3-8)
"Only those uses which require water access and cannot function elsewhere will be
permitted in estuarine waters."(Section 3.222 Policy 2, pg. 3-7)
"Activities in estuarine and public trust waters shall not permanently or significantly
affect the functions, cleanliness, salinity, or circulation of such waters." (Section
3.222 Policy 4, pg 3-7)
"Development shall meet state and/or federal permitting requirements for acceptable
impacts." (Section 3.223 Policy 1, pg. 3-8)
Cc: Tere Barrett,MHC District Manager
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone]\FAX: [phone]\Internet: www.nccoastalmanagement.net
An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper

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
June 26, 2006 ONCE,
ED
MEMORANDUM: AUG 1 01006
TO:- Tommy Cline Morehecicl CI
taLC I ropC y Off cc ty DCM
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE& FILL Permit Application Review
Applicant: Spooner's Creek Development, LLC c/o Mr. Jim Bailey
Project Location: Carteret County: Western side of the conflux of Spooner's Creek&Bogue Sound
at 100 Lands End Road, Morehead City, NC.
Proposed Project: The applicant proposes a major modification to State Permit# 168-05 to redevelop
an existing marina involving the demolition of existing docks & construction of
new docks increasing the slips from 82 to 93.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
July ii,2VVV. 1fyVli have aiiy questloils regardilig the Proposed 1JruJect,pease coiAdact nydii naveiiiiuii dt
[phone]. When appropriate, in-depth comments with supporting data are requested.
REPLY: This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the project only if the recommended changes are
incorporated. See attached.
This office objects to the project for reasons described in the attached comments.
V
SIGNED DATE
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastaimanagement.net
An Equal Opportunity 1 Affirmative Action Employer-50%Recycled 110%Post Consumer Paper

ALTi
RCDENR
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
June 26, 2006 JUL 2 8 2006 qUl
Morehead -RE CEIVEr�
MEMORANDUM: City C'JUN 2 8 2006
TO: Linda Lewis
Noel Lutheran cY
Division of Water(duality
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE&FILL Permit Application Review
Applicant: Spooner's Creek Development, LLC c/o Mr. Jim Bailey
Project Location: Carteret County: Western side of the conflux of Spooner's Creek&Bogue Sound
at 100 Lands End Road, Morehead City, NC.
Proposed Project: The applicant proposes a major modification to State Permit# 168-05 to redevelop
an existing marina involving the demolition of existing docks & construction of
new docks increasing the slips from 82 to 93.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
July 17,2006. If you have any questions regarding the proposed project,please contact Ryan Davenport at
[phone]. When appropriate, in-depth comments with supporting data are requested.
REPLY: This agency has no objection to the project as proposed. Ao Pxc( /b IT-M #eC
vp/z.✓ or6ve6ph7.e-if,
This agency has no comment on the proposed project.
This agency approves of the project only if the rceomme;rded changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED �L 6j� U ✓� DATE Z6_0(/
400 Commerce Avenue, 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

FMA
ZA
NCDENR r
North Carolina Department of Environment and Natural ResourcesJUN
Division of Coastal Management
y.r
Michael F. Easley,Governor Charles S. Jones, Director Williarn g.Ross`�
om
June 26, 2006
MEMORANDUM: ,. ;,L 2r��
TO: Renee Gledhill-Early - 1(./( 2 ) IIIJL -71 06
^/^
1V� LC pCLl L111V111 V1 C U1LU1 Ql R l 4006
FROM: Doug Huggett 0400f I�
Major Permits Processing Coordinator 1*,DV �0
t
SUBJECT: CAMA/DREDGE &FILL Permit Application Review
Applicant: Spooner's Creek Development, LLC c/o Mr. Jim Bailey
Project Location: Carteret County: Western side of the conflux of Spooner's Creek&Bogue Sound
at 100 Lands End Road, Morehead City, NC.
Proposed Project: The applicant proposes a major modification to State Permit# 168-05 to redevelop
an existing marina involving the demolition of existing docks & construction of
new docks increasing the slips from 82 to 93.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
T__1__ 117 r1/llll TX' L �'_—_ __ .]' aL_ -1 1_ .,y T Tl
J Uly 1 i,�vvv. a you lid"vc diiy quCS�ivu�icgdiuiilg LIM j5r<j�iu�cu�rVJ t;L �11GaJG 1 V11LQl L I�ydll LQVelljJVl l al
[phone]. When appropriate, in-depth comments with supporting data are requested.
REPLY: This office has no objection to the project as proposed.
XThis office has no comment on the proposed project.
This office approves of the project only if the recommended changes are
incorporated. See attached.
This office objects to the project for reasons described in the attached comments.
SIGNED DATE ' 'I 1$I O(�
MPm
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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18-Jul-2006 12:07pm From-TOWN OF MOREHEAD T-309 P.002/002 F-041
MCDENR
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
June 26,2006
MEMORANDUM:
TO: Local Permit Officer '
'C varct'Couu y
FROM- Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE&PILL Permit Application Review
Applicant: Spooner's Creek Development,LLC c/o Mr. Jim.Bailey
Project Location: Carteret County: Western side of the conflux of Spooner's Creek&Bogue Sound
at 100 Lands End Road,Morehead City,NC_
Proposed Project: The applicant proposes a major modification to State Permit# 168-05 to redevelop
an existing marina involving the demolition of existing docks& construction of
new docks increasing the slips from 82 to 93.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
July 17,2006. If you slave a.ity questions regarding the proposed project,please contact Ry-aiiDaveiiport at
[phone]_ When appropriate, in-depth comments with supporting data are requested.
REPLY: This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the project only if the recommended changes are
incorporated. See attached.
This office objects to the project for reasons described in the attached comments.
SIGNED K DATE � �o
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone]\Intemet: www.nccoastalmanagement.net
An Egiaf opportunity 1 Affirmative Action Employer-50%Recycled 1100%Pod Conaumar Papar

• A�
.wA
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
June 26, 2006
MEMORANDUM:
TO: Maureen Will,District Planner
In vi Coasiai Managcmiicrit
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE &FILL Permit Application Review
Applicant: Spooner's Creek Development, LLC c/o Mr. Jim Bailey
Project Location: Carteret County: Western side of the conflux of Spooner's Creek&Bogue Sound
at 100 Lands End Road,Morehead City,NC.
Proposed Project: The applicant proposes a major modification to State Permit# 168-05 to redevelop
an existing marina involving the demolition of existing docks & construction of
new docks increasing the slips from 82 to 93.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
iUly 17,2006. lfyou have airy question's r egaiding t le proposed project,please contact Rydr,Davenport at
[phone]. When appropriate, in-depth comments with supporting data are requested.
REPLY: This offic�has noobjection�theprojec�aspro�posed7��
This office has no comment on the proposed project.
This office approves of the project only if the recommended changes are
incorporated. See attached.
This office objects to the project for reasons described in the attached comments.
—7 w
SIGNED ! DATE
400 Commerce Avenue, Morehead City, North Carolina 2 57
Phone: [phone] FAX: [phone] Intemet: 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
Division of Coastal Management
Michael F. Easley,Governor Charles S. Jones, Director William G.Ross Jr.,Secretary
June 26, 2006
6 z(,136
MEMORANDUM: pMF-HABITAT
TO: Mike Street
For_, . Preston P. Pate, Jr., Director
Division of Marine Fisheries
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Spooner's Creek Development,LLC c/o Mr. Jim Bailey
Project Location: Carteret County: Western side of the conflux of Spooner's Creek&Bogue Sound
at 100 Lands End Road,Morehead City, NC.
Proposed Project: The applicant proposes a major modification to State Permit# 168-05 to redevelop
an existing marina involving the demolition of existing docks & construction of
new docks increasing the slips from 82 to 93.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
July 17,2006. If you have any questions regarding the proposed project,please contact Ryan Davenport at
[phone]. When appropriate, in-depth comments with supporting data are requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
/inc`orporated. See attached.
y This agency objects to the project for re
asons described in the attached comments.
SIGNED M;4&d � . A UJ DATE /i 22v6
400 Commerce Avenue, Morehead City, North Arolin 557
Phone: [phone] FAX: [phone] Internet: www.nccoastaimanagement.net
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-A qkA
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
June 26, 2006 Wan
MEMORANDUM: JUL 12 2006
TO- Debra Benoy, District Manager 1'✓10rehead Q}„ DC
M
1'iiviic VV atcr ouppl`y" `�
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE&FIL,L,Permit Application Review
Applicant: Spooner's Creek Development, LLC c/o Mr. Jim Bailey
Project Location: Carteret County: Western side of the conflux of Spooner's Creek&Bogue Sound
at 100 Lands End Road, Morehead City, NC. .
Proposed Project: The applicant proposes a major modification to State Permit# 168-05 to redevelop
an existing marina involving the demolition of existing docks & construction of
new docks increasing the slips from 82 to 93.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
Jul 1% 2VVU. 1-0
f VU have art questions regarding Qe propose' ru GGL please contact R ariDaven ll at
y y 3 � g p -p- � -J" `,p - y
(252) 808-2808. When appropriate, in-depth comments with supporting data are requested.
REPLY: _� This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED / DATE 3 - 7 - (,�o
400 Commerce Avenue, 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

AILTV4
RCDENR
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
June 26, 2006
MEMORANDUM: !""
TO: Lee Padrick
Division of Community Assistance JUL
FROM: Doug Huggett or eh'p
Major Permits Processing Coordinator � 1� �CM
SUBJECT: CAMA/DREDGE& FILL Permit Application Review
Applicant: Spooner's Creek Development,LLC c/o Mr. Jim Bailey
Project Location: Carteret County: Western side of the conflux of Spooner's Creek&Bogue Sound
at 100 Lands End Road, Morehead City,NC.
Proposed Project: The applicant proposes a major modification to State Permit# 168-05 to redevelop
an existing marina involving the demolition of existing docks & construction of
new docks increasing the slips from 82 to 93.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
July 17,2006. If you have any questions regarding the proposed project,please contact Ryan Davenport at
[phone]. When appropriate, in-depth comments with supporting data are requested.
REPLY: This agency has no objection to the project as proposed.
/his agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED L� DATE -7—lam — G a
400 Commerce Avenue, 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

n
• � I'I III
NCDENR
North Carolina Department of Environment and Na�l'I ral I esources
Division of Coastal Management
Michael F.Easley,Governor Charles S. Jones, Director ✓
illiam G.Ross Jr.,Secretary
June 26, 2006 14tC44 �
lluz
MEMORANDUM: 40, s10�6
e$
TO: Mr. Dan Sams C%
For Mr. James Simons
Division of Land Resources
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Spooner's Creek Development, LLC c/o Mr. Jim Bailey
Project Location: Carteret County: Western side of the conflux of Spooner's Creek&Bogue Sound
at 100 Lands End Road, Morehead City; NC.
Proposed Project: The applicant proposes a major modification to State Permit# 168-05 to redevelop
an existing marina irfvvolving the demolition of existing docks & construction of
new docks increasing the slips from 82 to 93.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
July.17,2006. If you have any questions regarding the proposed project, please contact Ryan Davenport at
[phone]. When appropriate, in-depth comments with supporting data are requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
-�'� incorporated. See attached.
,s %s ac�i✓A �s f.��� G�n.� AcA✓t— Goo,skvch;" S•�L� e/os e.. a. a�Sc�+• Co q� �a.. n/di/�-! S
Y1eLp�SaeN . I This agency objects to the project for reasons described in the attached c rnment?1
SIGNED DATE J vA)t .36 &
4 ornmerce Avenue, Morehead Ity, ort aro Ina
2855T-
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
Division of Coastal Management
Michael F. Easley,Governor Charles S.Jones, Director
William G. Ross Jr.,Secretary
June 26, 2006
CEO
JUN 2 9 2006
MEMORANDUM: r -----
Morehead CityCC
TO:
Patti Fowler } J 2
Shcllflsh Sas--itatw.— t)N 2006 Gr{
FROM: Doug Huggett SHELLFISH SA1yITAr1014
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE&FILL Permit Application Review
Applicant: Spooner's Creek Development, LLC c/o Mr. Jim Bailey
Project Location: Carteret County: Western side of the conflux of Spooner's Creek&Bogue So
at 100 Lands End Road, Morehead City,NC. and
Proposed Project: The applicant proposes a major modification to State Permit# 16 -
an existing marina involving the demolition of existing docks & construction of
new docks increasing the slips from 82 to 93.
Please indicate below your agency's position or viewpoint on the proposed project and return this form b
JlAly l%,2VVV. 11 yOU ll�ve an �Ue do s legarUlllg he propose,
lU e1 1,�J1eQJG''l'Vlllal l lr 'p11LQyG11 ort at
��__�'____ t _ .ty
[phone]. When appropriate, in-depth commen s with supporting data are requested.�
p
REPLY: This office has no objection to the project as proposed.
This office has no comment on the proposed project,P p � t.
This office approves of the project only if the recommended changes are
incorporated. See attached.
This office objects to the project for reasons described in the attached comments.
SIGNEDA�� ) • !``mac
DATE l ��
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] l FAX: [phone] Internet: www.nccoastalmanagement.net
An Eaual nnmr i­!h,I eao... '..- ._.._ - .

07/17/2006 09:09 FAX [phone] NCOEPTENVIRONMENTNATRES 1&002/003
t
C-D
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F.Easley,Governor Charles S.Jones, Director Wilfiam G.Ross Jr.,Secretary
June 26,2006
MEMORANDUM;
TO: Maria Tripp 2�Z
NC L:'tAdllfc RCSourcc9 Curnmission J
r
FROM: Doug Huggett
Major Permits Processing Coordinator FJ YED
r �
SUBJECT: CAMA/DRBDGE& FILL Permit Application Review `�,�rs� ► ��v
Applicant: Spooner's Creek Development, LLC c/o Mr. Jim Bailey
Project Location: Carteret County: Western side of the conflux of Spooner's Creek&Bogtie Sound
at 100 Lands End Road,Morehead City,NC.
Proposed Project: The applicant proposes a major modification to State Permit# 168-05 to redevelop
an existing marina involving the demolition of existing docks & construction of
new docks increasing the slips from 82 to 93.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
,L►y 17,2006. H you have any questions regarding the proposed project,please contact Ryan Davenport at
[phone]. When appropriate, in-depth comments with supporting data are requested.
REPLY: This office has no objection to the project as proposed.
This office has no comment on the proposed project,
This office approves of the project only if the recommended changes are
incorporated. See attached.
This office objects to the project for reasons described in the attached comments.
SIGNED DATE - -ac,
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Aftma0vve won Employer—50%Recycled\10%Poet Consumer Paper

Development Type FEE DCM% DWQ%
(14300 1601 4351000931625 6253) (24300 1602 435100095 2341
I. Private,non-commercial
development that does not involve $250 100%($250) 0%(SO)
the filling or excavation of any
wetlands or open water areas:
u
II. Public or commercial development
that does not involve the filling or 5400 100%($400) 096(SO)
excavation of any wetlands or open
water areas:
III. For development that involves the
filling and/or excavation of up to 1
acre of wetlands and/or open water
areas,determine if A.B,C,or D
below applies:
III(A). For Private,non-commercial
development,If General water Quality S250 100%(S250) 0%(S0)
Certification No.3301(see attached)
can be applied:
III(B): For public or commercial
development,if General water Quality S400 100%(S400) 0%(SO)
Certification No.3301 (see attached)
can be applied:
III(C). If General Water Quality
Certification No.3301 (see attached)
could be applied,but DCM staff
determined that additional review and S400 60%($240) 40%(S 160)
written DWQ concurrence is needed
because of concerns related to water
quality or aquatic life:
III(D). If General Water Quality
Certification No.3301 (see attached) S490 60%(S240) 40%(S160)
can not be applied:
IV. For development that involves
the filling and/or excavation of more S475 60%(S285) 40%($190)
than one acre of wetlands and/or
open water areas:

Amri�.NaXA
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
Legal Advertisement Section
Re: Public Notice—Redevelopment of Spooners Creek Marina
To Whom It May Concern:
Please publish the attached Notice in the June 9, 2006, issue of the Carteret News Times.
The State Office of Budget and Management requires an original Affidavit of Publication prior to
payment for newspaper advertising. Please send the affidavit, an original copy of the published
notice, and an original invoice to Jaye Poole, NC Division of Coastal Management, 1638 Mail
Service Center, Raleigh, North Carolina 27699-1638, Telephone [phone].
Thank you for your assistance in this matter. If you should have any questions, please contact me at
our Morehead City office.
• Sincerely,
an Davenport
Coastal Management Representative
jrd
Enclosure
cc: Doug Huggett
Ted Tyndall, Assistant Director
151-B Hwy.24,Hestron Plaza II, Morehead City, North Carolina 28557
Phone: [phone]\FAX: [phone]\Internet: www.nccoastalmanagement.net
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NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
The Department of Environment and Natural Resources hereby gives public notice as
required by NCGS 113A-119(b) that application for a development permit in an Area of
Environmental Concern as designated under the CAMA was received on May 16, 2006.
According to said application, Spooners Creek Development L.L.0 has applied to redevelop the
Spooners Creek Marina property located at 100.Lands End Dr. in Morehead City, Carteret
County.
A copy of the entire application may be examined or copied at the office of Ryan
Davenport, NC Division of Coastal Management, located at 400 Commerce Avenue, Morehead
City, NC, [phone] during normal business hours.
Comments mailed to Charles S. Jones, Director, Division of Coastal Management, 400
Commerce Avenue, Morehead City, N.C. 28557, prior to June 29, 2006, will be considered in
making the permit decision. Later comments will be accepted and considered up to the time of
permit decision. Project modification may occur based on review and comment by the public
and state and federal agencies. Notice of the permit decision in this matter will be provided upon
written request.
PUBLISHED ON: June 9, 2006
151-B Hwy.24,Hestron Plaza II,Morehead City, North Carolina 28557
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 Charles S. Jones, Director William G. Ross Jr.,Secretary
Spooners Creek Development L.L.C. June 21, 2006
C/O Jim Bailey
100 Lands End Rd.
Morehead City, NC 28584
Dear Mr. Bailey:
The NC Division of Coastal Management hereby acknowledges receipt of your application for
State approval for development of the your property located at 100 Lands End Rd. in Morehead
Ctiy. It was received on 6/21/06 and appears to be adequate for processing at this time. The
projected deadline for making a decision is 9/3/06. An additional 75-day review period is
provided by law when such time is necessary to complete the review. If 'you have not been
notified of a final action by the initial deadline stated above, you should consider the review
period extended. Under those circumstances, this letter will serve as your notice of an extended.
review. However, an additional letter will be provided on or about the 75th day. .
If this agency does not render a permit decision within 70 days from 6/21/06,you may request a
meeting with the Director of the Division of Coastal Management and permit staff to discuss the
status of your project. Such a meeting will be held within five working days from the receipt of
your, written. request -and shall include the °property owner, developer, and project .
designer/consultant.
NCGS 113A-119(b) requires that Notice of an application be posted at the location of the
proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must
be posted at the property of your proposed development. You should post this notice at a
conspicuous point along your property where it can be observed from a public road. Some
examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-
way fronting your property, or at a point along the road right-of-way where a private road would
lead one into your property. Failure to post this notice could result in an incomplete application.
An onsite inspection will be made, and if additional information is required, you will be contacted
by the appropriate State or Federal agency. Please contact me if you have any questions and
notify me in writing if you wish to receive a copy of my field report and/or comments from
reviewing agencies.
Sincerely,
Ryan Davenport
Coastal Management Representative
Enclosure
cc: Doug Huggett
Tere Barrett, District Manager
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone]\FAX: [phone]\Internet: www.nccoastalmanagement.net
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r i ,
No
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1 ( 0$ 1
CAMA PMR.MiT
APPLIE F R
PROJECT:
S O0 Cre-e-jiPei-elo �-F zz
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COMMENTS ACCEPTED THROUGH
APPLICANT: FOR MORE DETAILS CONTACT
�� THE LOC PERMIT OFFICER BELOW:
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UNITED STATES POSTAL SERVICE First-Class Mail
Postage&Fees Paid
LISPS
Permit No.G-10
• Sender: Please print your name, address, and ZIP+4 in this box •
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APR U 7 200
City DC
UNITED STATES POSTAL SERVICE ^�
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• Sender: Please prink address, an r ZIP+4[R thiC66-0-�? E n
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■ Complete items 1,2,and 3.Also complete A, nature
SENDER:COMPLETE,THIS SECTION COMPLETE THIS SECTION ON DELIVERY
item 4 if Restricted Delivery is desired. � ❑Agent
■ Print your name and address on the reverse w Addressee
so that we can return the card to you. g. R ived b�prinfed Na C. Date of Delivery
■ Attach this card to the back of the mailpiece,
or on the front if space permits. (' - (��U�
1. Article Addressed to:
D. Is delivery address different fro item 1? ❑Yes
If YES,enter delivery address below: l�No
3. Service Type
�� ��,�1��1`� ����/ t\�� �S�i ❑Certified Mafl ❑Ezpress Mail
'�/ t ❑ Registered ❑Retum Receipt for Merchandise
❑ Insured Mail ❑C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Y�
2. Article Number 7p05 ],],6p 0�03 1�593 4634
(Transfer from servlce labs
PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540
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COMPLETE •
■ Complete items 1,2,and 3.Also complete A Sig re
item 4 if Restricted Delivery is desired. ❑Agent
■ Print your name and address on the reverse Addressee
so that we can return the card to you. g. Received by(Printed Name) C. Date of Delivery
■ Attach this card to the back of the mailpiece,
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
� ❑Certified Mail ❑ Express Mail
❑Registered ❑Retum Receipt for Merchandise
❑Insured Mail ❑C.O.D.
4. Restricted Delivery? ra Fee). e
(Transfer from service label) 4 6 41,
PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540

UNITED STATES POSTAL SERVICE First-Class Mail
Postage&Fees Paid
USPS
Permit No.G-10
• Sender: Please print your name, address, and ZIP+4 in this box •
ct
MAY 1 6 2006
c5ra c MnEehead CM
UNITED STATES POSTAL SERVnEP e aid
Ppe !t R.G-10
• Sender: Please prin�r;'r'm '; address, an ,Zk'P.+1W th!C660-D
E n i r)
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■ Complete items 1,2,and 3.Aiso complete A. ' nature
item 4 if Restricted Delivery is desired. � ❑Agent
■ Print your name and address on the reverse Addressee
So that we Can return the card to you. g, R ived b�printed Na C. Date of Delivery■ Attach this card to the back of the mailpiece,
or on the front if space permits. � - (J�Q�
1. Article Addressed to: D. Is delivery address different fro item 17 ❑Yes
It YES,enter delivery address below: I�No
3. Service Type
i��_(^,�,�1�� `��/1��/ f�� ��7�% ❑Certified Ma(I ❑Express Mail
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❑ Insured Mail ❑C.O.D.
SENDER:COMPLETE,THIS SECTION COMPLETE THIS SECTION ON DELIVERY
4. Restricted Delivery?(Extra Fee) ❑Y�
2. Article Number 70�5 1�160 0003 1593 4634
(Transfer from service labs
PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540
■ Complete items 1,2,and 3.Also complete A. Sig re
item 4 if Restricted Delivery is desired. ❑Agent
■ Print your name and address on the reverse Addressee
so that We Can return the Card to you. B. Received by(Printed Name) C. Date of Delivery■ Attach this card to the back of the mailpiece,
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
� ❑Certified Mail ❑ Express Mail
❑ Registered ❑Return Receipt for Merchandise
❑ Insured Mail ❑C.O.D.
4. Restricted Delivery) r3 Fee). e
2. Article Number 7 p p 5 116� 0�0 3 15 '� 4 6 41,
(Transfer from service IabelJ
, PS Form 3811,February 2004 Domestic Return Receipt tozsss-oz-M-isao

NORTH CAROLINA MAY 1 6 2006
CARTERET COUNTY
sorehead City €ACV,
THIS AGREEMENT made and entered,into effective this f_� day of Septeluber,
2004 by and among:
CAPE LOOKOUT MARINE, INC.
A. North_ Carolina Corporation with offices in
Carteret County, North Carolina
(Hereinafter called, "Developer")
.And
FIRST CITIZENS BANK, TRUSTEE,OF THE T. D. EURE TRUST
A.North Carolina Fiduciary
with offices in Carteret County, North Carolina
(Hereinafter called "Trust")
A..7ud
Ruth. C. Eure, Mary Lynn Eure Osteen and Faith Anne Eure Matthews
Citizens and Residents of the ,States of North Carolina and Texas
(Hereinafter called "Beneficiaries")
WITNESSETH:
Preamble: The parties hereto are interrelated in the ownership and development
of a certain parcel of .property located in Carteret County, North
Carolina generally known as the "Spooners Creek Harbour". Developer
has ownership rights to a portion of said property fronting primarily on
the harbour side. Trust and Ruth C. Eure have ownership to a portion,
of said property fronting on the .Pogue Sound side.
On or about the 20 day of April, 2004, Developer, Trust and Ruth C.
Eure entered into a certain "Memorandum of Understanding" which
sets forth their plans for this proposed, development. This
Page 1 of 8
7P -:IMHJ HNT�4Hln1 RFRR97.J7g7 TP:AT geaVeT/OT

WED
MAY 1 6 2006
"Memorandum of Understanding" is incorporated �;}bAze��b�lt� ocM
reference. V
Developer and Trust have reached an agreement whereby Developer will
acquire a portion. of Trust property as more particularly described and
set forth in a separate Offer to Purchase and Contract, the terms and
conditions of which are integrated with this agreement by reference.
Developer is purchasing the Trust property for use in combination with
other properties acquired from the Fetzer interests as a yet-to-be-
completed. "PUD" type development featuring a combination of single-
family residential units on the eastern portion of the combined
properties and a multi-family (condominium) structure(s) on the
western,portion of Developer's separate property, and duple7c type units
on land owned by Trust and Ruth C. Eure. All such properties will have
common and shared amenities, as designated in separate owners
associations, yet to be formed.
The interrelationship of the parties, property, future and current plans,
use and restrictions manes it necessary and desirable for the parties
hereto to set forth their various rights, privileges and obligations into
one .Agreement which will survive the closing of any land purchase.
X. Parties: Developer has ownership rights to that certain portion, of the
Spooners Czeeh Harbour property hno'wn as the "Fetzer" property, located
primarily on the harbour side or northeastern portion of Spooners Creelz
Harbour, including docking, boat slips, ships store and Galley Staclz building.
Included in this ownership are certain "grandfathered" permits and privileges
which affect both the existing and proposed project.
Trust is the owner of approximately 4.21 acres of land in the
Spooners Creek Harbour area, which land fronts entirely on the waters of
Bogtxe So-and.
Ruth C. Eure is the owner of an area of laud identified as Lot 10
in the Spooners Creek Harbour West subdivision, which land is located at the
extreme 'western portion of the Spooners Creep Harbour area.
Page 2 of 8
C� 7G�HJ HNT?1Hl,J �I��?Jrl�}I�lyflfl,19 ft9GR97.17,G7, ��;�AZ SQQ�/Q�/QZ

MAY 1 6 2006
Mary Ly-a r Euxe Osteen, Faith Anne EurelkUttliews and Ruth
C. Eure are the ultimate beneficiaries of the T. D. Eure fRphead CityDC;
M
2,. ixrvxval: Al parties acknowledge that this Agreement is an integral part of
that certain Offer to Purchase and Contract between the same parties, and
that the terms and conditions of this Agreements are merged into that Offer
to Purchase and Contract and the terms and conditions of that Offer to
Purchase and Contract are likewise merged into this Agreement. All
Agreements between the parties shall survive the closing of any transaction
between these parties,
3. Annexation: All parties acknowledge that Developer shall submit all
properties which are the subject of this agreement in the Spooners Creels
Harbour area to the Town of Morehead City for annexation into the corporate
-limits 61 said To*iv ' Trust and Beneficiaries shall join in such submission,
Will cooperate with Developer in such application, and hereby, authorize
Developer to proceed with the said approval process on behalf of all parties
hereto.
4. E UD/Zoning All parties acknowledge that Developer shah submit
all properties which are the subject of this agreement in the Spooners Creek
Harbour area to the Morehead City Planning Board for zoning and approval
as a "PUD" development in manner and form as set forth herein. Trust and
Beneficiaries shall join in such submission, shall cooperate with Developer in
such application, and hereby authorize Developer to proceed with the said
approval process on behalf of all parties hereto.
5. Desi n: The basic design components of the PUD as submitted to the
Morehead City Planning Board shall consist of a multi-family(condominium,)
portion in the general vicinity of the currently existing Galley Stacy building
(to be razed); a sizable family portion in the general vicinity of the easternmost
750' of the Spooners Creek Harbour property, including the ships-store arid
ftitel tanks (to be razed); a small commercial area contemplated for a ships
store, fuel and accessory sales; a ratilti-family (duplex) portion in lands
fronting on Bogue Sound as owned by Trust and Ruth C. Eure; a section of
Page 3 of S n
�,� anri.� HNr�tild �+� ��►�rw�s 8Ea89717.G7. i�:9t �OeziOVOT

C �
MAY 1 6 2006
boat slips in the harbour of the Spooners Creelz yacht basin and variGity DCM
amenities for the use and enjoyment of all property owners. Developer will
consult with Trust and Beneficiaries on all aspects of planning which affect
their properties, but the ultimate design plan is the sole and separate
responsibility of Developer. Trust and. Bex1eficiaries agree to extend their
cooperation in all aspects of the processes necessary to obtain required.
permits, zoning and development approval. Developer reserves the right to
develop this project in stages and also reserves the right to add additional
property to the original PUD area for use as residential or amenity purposes.
6. Buffer; A portion of the PUD property owned by Trust is to be
designated for.potential development as multi-family, duplex dwellings. The
eastern portion of this tentative multi-family property abuts the western
portion of the single family designated PUD property owned by Developer. To
achieve harmony with two (2) potentially different uses of adjoining
properties, when Trust or its age-ats commence development of the Trust
property as a multi-family purpose, Trust shall cause a landscaped vegetative
planting of approximately 90% opaque natural material to be erected,on Trust
multi-family property of sufficient size and density to act as a natural buffer
separating such differing uses. This Article shall not apply, nor shall any
buffer be regw xed, if the Trust property is developed in conformity with, the
single family property owned by Developer.
7. Pezmittin . Developer shall apply for and obtain all necessary permits from
any governmental agency with respect to the proposed development, including
but not limited to the Town of Morehead City, and the Division of
Environment, Health and Natural Resources (CAMA) and shall comply with
all regulations relating to said. development. None of the existing impervious
surface coverage of the Fetzer property will be transferred, to the Trust either
as a benefit or as a detriment. All regulatory requirements , including such
impervious surface coverage, shall not be apportioned lots in such a manner
as to penalize Trust and Ruth Eure properties beyond what requirements as
may presently exist,
S. Road Access: Road access to all properties shall be via that road known
as South Harbor Drive as shown on the map of the Spooners Creek Harbour
Page $ of S
J..
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M°Y l 6 2006
West subdivision recorded in Map Book 8 at page 89 in tl -CartegSLCo f A�
Registry. From the eastern terminus of said South. Harbor Drive, all partie's D�'tv'
will cancel any existing ingress and egress type easements leading into their
properties, and as part of the consideration for all agreements between the
parties, the Developer at his sole expense will be respowible for routing and
constructing new roadways over which all properties connect to the South
Harbor Drive access. The Developer reserves the right to position these new
roadways within the P U'D development, but where possible, particularly at the
western area of the Trust property, shall position said road(s) as much as
possible on Developers property to minimize the impact on the lands of Trust,
with a cul-du-sac type turn around serving as access to the property of Ruth
C. Eure. The mi_nymv.m standards which Developer will he permitted for such
roadways shalll.be the minimum standards which shall be used for construction
of all access within the P U'D. The roadway providing access to the Trust
property and the Developers condominium property shall be landscaped with
vegetation by Developer to a depth of approximately eight (8) feet designed in
ysuch a- manner' aZ to provide visual separation between Developers
condominium project parking and service areas and the residential property
of Trust and Ruth C. Eure.
9. Water & Sewer: The property which is the subject of this Agreement shall
be served by the Town of Morehead City for potable water and sewage waste
disposal. As part of the consideration for all agreements among the parties,
Developer covenants and agrees that at its sole and separate expense it shall
simultaneously construct and position all municipal services to the
westernmost property of Trust and Ruth C. Eure. Such municipal services
shall include the main trunk lines for water and sewer, but specifically not
such "tap" or "impact"requirements as now exist or may be in existence at the
time Trust and Ruth C. Eure commence their own property,development. To
the extent that this service negates the necessity for other "off site" sewage
systems, all commitments from Ruth C. Eure relating to this service are
mutually abandoned.
10. Waste Garbage: The Developer will plan and construct the garbage and
waste collection area of the condominium portion of the Spooners Creep
development project in such a location and manner as to ensure extensive
screening and separation from the property of Trust and Ruth C. Eure.
Page 55 of 8
�(MJ
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Ellrx
MAY 1 6 2006
11. Boat 51ip Credit: At any time prior to the dosing NQKQ"9a9e yy®CM
Developer from Trust of that land identified in the Offer to Purchase and
Contract, Trust may elect to accept a boat slip in Developers marina portion
of the PUD. Should Trust maize such election, Developer shall receive a credit
of $50,000.00 applied against the purchase price set forth in said Offer to
Purchase and Contract. The boat slip available to Trust shall be of sufficient
size to accommodate at least a 25 foot vessel of customary width, and said slip
shall-be subject to rules and regulations as established by a marina association
for all vessels having the rights to designated slips therein.
1.2. Option Agreerzrent. By separate dommezat, Trust has granted to Developer
an option to purchase approximateIN sixty (60) feet of additional land
immediately adjacent to the western boundary of the property Developer.is
acquiring from Trust. The terms of the exercise of this Option by Developer
are set -froth in tli s Option itself, but is limited to the exchange of real
property from the Tryst in consideration of boat slips from the Developer. In
the event Developer elects not to exercise this Option prior to the sale of boat
slips to the general public (non 5pooners Creelz PUD owners), Developer shall
notify Trust and Beneficiaries of the initial availability of such boat slips for
sale/purchase a-ad give Trust and Beneficiaries equal opportunity to purchase
the same from Developer.
13. Delayed Membership. That portion of the Trust property and the Ruth C.
Eure property which is included in the PUD development, but is not owned
by the Developer shall be initially excluded from homeo'w- ers association
membership, and thus exempt from homeowners association dues, for a period
of five (5) years immediately following the date when the first Certificate of
Occupancy (CO) is granted by the Town of Morehead City for a property in
this PUD development, Nothing contained herein shall preclude the Trust or
Ruth C. Eure from.waiving this time delay and securing earlier acceptance in
the horneowrzers association- The parties achrzowledge that during this delayed
membership period, Trust, Beneficiaries and Ruth C. Eure will not have use
of amenities (excepting roadways) available to other PUD owners. Nothing
contained, herein shall interfere vv-itl-i the addition rights of Developer as set
forth in Article 5 herein. In order to assure a consistent mode of
development in style and quality, at any time the Trust or Ruth C. Eure
Page 6 of 8
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�TIC
MAY Y 6 2006
property is developed, such development shall become part of the PUD subject
to the same owners architectural committees as then exist. For purposes 4 DCM
this Article, Trost and/or Ruth. C. Bure shall be required to conform, to
architectural committee regulation, but membership in the PUD is not
required prior to the granting of Certificates of Occupancy for improvements
constructed on their properties.
14. Purchase ]Rights: At such time as Developer is prepared to offer for sale the
multi-family condominium units comprising a part of the PUD development,
it will. immediately notify Trust and Beneficiaries of the initial availability of
such units with the intent that Trust and Beneficiaries shall have equal
opportunity to purchase the same if they desire. Nothing contained herein
shall be interpreted as giving Trust and,Beneficiaries a "right of first refusal"
or any type option. Notice even shall satisfy the requirements of this Article.
15. Time Schedule for Completipn: All amenity development contemplated
by this agreement shall be completed within five (5) years from the date of
execution of this agreement. should Developer acquire additional lands for
-inclusion into this PUD as provided in Article 5 above, this completion time
shall be computed from the date of the acquisition of such newly, acquired.
property. Time is of the essence with regard to this requirement.
16. Personal Guarantee: The parties acknowledge that all negotiations which
led to the original Memorandum of Understanding, this Agreement and any
contract existing between them were conducted by J. H. P. Bailey, Jr.
personally. Trust and Beneficiaries have confidence in the personal
representations of Mr. Bailey and look to him for the successful completion
of this project. To that extent, J. H. P. Bailey,.Jr. agrees to be personally
responsible for the terms and Conditions of this Agreement, and executes this
Agreement for the purpose of guaranteeing the performance of its terms and
conditions.
17. Damages: The parties acknowledge that any measure of damages for a
breach of any of the terms and conditions of this Agreement is difficult to
Page 7 of 8
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im
determine, and therefore agree that the cost of completion of �any Ul n-
performed condition shall be an adequate measurement of mp etia damages,
geIt
V i'' Y D CM
18. Assi n: Except as to the personal guaxantee of J. H. P. Bailey, Jr.,
Developer reserves the right to assign the performance of this Agreement to
such legal entity as it may create or as otherwise may exist.
IN TESTIMONY WHEREOF the parties named above have set their hands and
adopted the typewritten word "seal" as their official seals to multiple originals of this
Ag-reement, all effective on the clay and year first above written.
Cape Lookout Marine,kL-CjV'lC, seal
Ruth C. Eure
By: 101 seal
�a Lynn Eure Osteexx
First Citizens Banli & Trust Co.,
Trustee of the T. D. Eure Trust Faith Aurae Eure Matthews
L )� seal
aile`Yr Jr.
I`:11..i .••1 `I�•.,w\L"..ti Tn•..U...up.a4m�.`l.Yk...r.l
Fade 8 of 8
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NORTH CAROLINA
CAR'T'ERET COUNTY
THIS AGREEMENT made and entered into effective this f� day of September,2004 by and among:
CAFE LOOKOUT MARINE, INC.
A. North Carolina Corporation with offic
Carteret County, North Carolina
(Hereinafter called, "Developer") �
iJ
APR 0 7 2006
.And
Morehead Q OCM
FIRST CITIZENS BANK, TRUSTEE,OF THE T. D. EURE TRUS
A. North Carolina Fiduciary
with offices in Carteret County, North Carolina
(Hereinafter called. "Trust")
And
Ruth, C. Eure, Mary Lynn Eure Osteen and Faith Anne Eure Matthews
Citizens and Residents of the States of North Carolina and Texas
(Hereinafter called "Beneficiaries")
WITNES SETH:
Preamble: The parties liereto are interrelated in the ownership and development
of a certain parcel of .property located. in Carteret Co.inty, North
Carolina generally known as the "Spoon.ers Creek Harbour". Developer
has ownership rights to a portion of said property fxontind primarily on
the Barbour side. Tryst and Muth C. Eure have ownership to a portion,
of said property fronting on the Bogue Sound, side.
On or about the 26`h day of April, 2004, Devvelopex, Trust and Ruth C.
Eure entered into a certain "Memorandum of Understanding" which
sets forth their plazas for this proposed development. This
Page I of 8
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"Memorandum of Understanding" is incorporate
reference. 91 APR 0 7 2006
Developer and Trust have reached an agreement whe Developerwill
r CMacquire a portion Of Trust property as more particu1 ���
set forth, in a se arate Offer to Purchase and Contract, the terms and
D
p
conditions of which are integrated with this agreement by reference.
Developer is purchasing the Trust property for use in combination with
other properties acquired from the Fetzer interests as a yet-to-be-
cornpleted "PUD" type development featuring a combination of single-
family residential units on the eastern portion of the combined
properties and a multi-family (condominium) structure(s) on the
western portion of Developer's separate property, and dupley-type units
on land owned by Trust and Ruth C. Eure. All such properties will have
common and shared amenities, as designated in separate owners
associations, yet to be formed.
The interrelationship of the parties, property, future and current plans,
use and restrictions manes it necessary and desirable for the parties
hereto to set forth their various rights, privileges and obligations into
one Agreement which will survive the closing of any land purchase.
X. Parties: Developer has ownership rights to that certain portion of the
Spooners Creek Harbour property known as the "Fetzer" property, located
primarily on the harbour side or northeastern portion of Spooners Creek
Harbour, including docking, boat slips, ships store and Galley Stack building.
Included in this ownership are certain "grandfathered" permits and privileges
which affect both the existing and proposed project.
Trust is the owner of approximately 4.21 acres of land in the
Spooners Creek Harbour area, which land fronts entirely on the waters of
Bogue Sound.
Ruth C. Eure is the owner of an area of land identified. as Lot 10
in the Spooners Creep Harbour West subdivision, which land is located at the
extreme western portion of the Spooners Creek Harbour area.
Page 2 of 8
0 _J,
80 09dd dNI�JVW A=J0Sa3N00dS 86089=SZ TC:OT 500VOT/0T

Mary Lynn Pure Osteen, Faith Anne Lure ws an
C_ Pure are the ultimate beneficiaries of the T. D. Eure rust.gpR 4 ? 2006
Moreh
2. Survival: All parties acknowledge that this Agreement is an in 1:;ay 6(J41
that certain, Offer to Purchase and Contract between the same parties, a�ad
that the terms and coziditions of this Agreements are merged into that Omer
to Purchase and Contract and the terms and conditions of that Offer to
Purchase and Contract are lilzewise merged into this Agreement. All
Agreements between the parties shall survive the closing of any transaction
between these parties.
3. Annexation: All parties achnowledge that Developer shall submit all
properties which are the subject of this agreement in the Spooners Creek
Harbour area to the Town of Morehead City for annexation into the corporate
-`limits o� said Tocvr% Trust and Beneficiaries Shall join in such submission,
Will cooperate with Developer in such application, and hereby authorize
Developer to proceed with the said approval process on behalf of all parties
hereto.
4. PUD/Zonino:: All parties acknowledge that Developer shall submit
all properties which are the subject of this agreement in the Spooners Creelz
Harbour area to the Morehead. City Planning Board for zoning and approval
as a "PUD" development in manner and form as set forth herein. Trust and
Beneficiaries shall join in such submission, shall cooperate with Developer in
such application, and hereby authorize Developer to proceed with the said
approval process on behalf of all parties hereto.
5. Desi n: The basic design components of the PUD as sribmitted to the
Morehead City Planning Board shall consist of a multi-family (condominium)
portion in the general vicinity of the currently existing Galley Stacie building
(to be razed); a single fancily portion in the general vicinity of the easternmost
750' of the Spooners Creek Harbour property, including the ships-store and
fuel tanks (to be razed.); a small commercial area contemplated for a ships
store, fuel and accessory sales; a multi-family (duplex) portion in land,
fronting on Bogue Sound as owned by Trust and Ruth C. Eure; a section of
Page 3 of 8
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RICE,
ED
boat slips in the harbour of the Spooners Creelz, yacht basin andR�ri� p6
amenities for the use and enjoyment of all property own eloper will
consult with Trust and Beneficiaries on all aspects of planning V'Yki�
theirproperties, but ultimate design plan is the sole and separate erties
P P ut t timate g P DCA4
responsibility of Developer. Trust and Beneficiaries agree to extend their
cooperation in all aspects of the processes necessary to obtain required
permits, zoning and development approval. Developer reserves the right to
develop this project in stages and also reserves the right to add additional
property to the original PUD area for use as residential or amenity purposes.
6. Buffex: A, portion of the PUD property owned by Trust is to be
designated for.potential development as multi-family, duplex dwellings. The
eastern portion of this tentative multi-family property abuts the western
portion of the single family designated PAID property owned by Developer. To
achieve Harmony with two (2) potentially different uses of adjoining
properties, when Trust or its agents commence development of the Trust
property as a multi-family purpose, Trust shall cause a landscaped vegetative
Planting of approximately 90% opaque natural material to be erected,on Trust
multi-family property of sufficient size and density to act as a natural buffer
separating such differing uses. This Article shall not apply, nor shall any
buffer be required, if the Trust property is developed in conformity with the
single family property owned by Developer.
7. Permitting: Developer shall apply for and obtain all necessary permits from
any governznerxtal agency with respect to the proposed development, including
but not limited to the Town of Morehead City, and the Division of
Environment, Health and Natural Resources (CAMA) and shall comply with
all regulations relating to said. development. None of the existing impervious
surface coverage of the Fetzer property will be transferred to the Trust either
as a benefit or as a detriment. All regulatory requirements , including such
impervious surface coverage, shall not be apportioned lots in such a manner
as to penalize Trust and Ruth Eure properties beyond what requirements as
may presently e:cist.
8. Road Access: Road access to all properties shall be via that road known
as south Harbor Drive as shown on the map of the Spooners Creek Harbour
Page 4 of 8
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50 39t1d VNI�JVW A33'10S�GNOOJS 86089ZLZ5Z T8:0T 500Z/0TAT

410
qp G'
West subdivwision recorded in Map Booli 8 at page 89 in the Ca i Coun ��
Registry. Fxom the eastern terminus of said South. Harbor Drive, a��ct'es OF (/
Will cancel any existing ingress and egress type easements leading into t�
properties, and as part of the Consideration for all agreements between the Off,
parties, the Developer at his sole expense will be responsible for routing and 2f
constructing new roadways over which all properties connect to the South
Harbor Drive access. The Developer reserves the right to position these new
roadways within the PiU'D development, but where,possible, particularly at the
western area of the Trust property, shall position said road(s) as much as
possible on Developers property to minimize the impact on the lands of Trust,
with a CI du-sac type turn around serving as access to the property of Ruth
C. Eure. The minimum standards which Developer will be permitted for such
roadways shall.be the minimum standards which shall be used for construction
of all access within the PUD. The roadway providing access to the Trust
property and the Developers condominium property shall be landscaped with
vegetation by Developer to a depth of approximately eight (8) feet designed in
such a- manner as to provide visual separation between Developers
condominium project parking and service areas and the residential ,property
of Trust and Ruth C. Eure.
9. Water & Se_wer: The property which is the subject of this Agreement shall
be served by the Town of Morehead City for potable water and sewage waste
disposal. As part of the consideration for all agreements among the parties,
Developer covenants and agrees that at its sole and separate expense it shall
simultaneously construct and position all municipal services to the
westernmost property of Trust and Ruth C. Eure. Such municipal services
shall include the main trunk lines for water and sewer, but specifically not
such "tap" or "impact" requirements as now exist or may be in existence at the
time Trust and Ruth C. Eure Commence their own property development. To
the extent that this service negates the necessity for other "off site" sewage
systems, all commitments from Ruth C. Eure relating to this service are
mutually abandoned.
10. Waste & Garbage: The Developer will plan and construct the garbage and
waste collection area of the condominium portion of the Spooners Creels
development project in such a location and manner as to ensure extensive
screening and separation from the property of Trust and Ruth C. Eure.
Page .75 of 8
V(Ai JAL
90 39dd VNI�JVW A33NOSNI INOOdS 86089ZLZ9Z T8:OT SeOZ/eT/eT

9
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On 'moo
X1. Boat Slip Credit: At any time prior to the closing of the purse by Q6
Developer frorn Trust of that land identified in the Offer to Purchasl ' d
Contract, Trust may elect to accept a boat slip in Developers marina port'7o0
of the PUD. Should Trust make such election, Developer shall-receive a credit��
of $50,000.00 applied against the purchase price set forth in said Offer to
Purchase and Contract. The boat slip available to Trust shall be of sufficient
size to accommodate at least a 25 foot vessel of customary-width, and said slip
shall be subject to rules and regulations as established by a marina association
for all vessels having the rights to designated slips therein.
12. Option Agreement: By separate document, Trust has granted. to Developer
an option to purchase approximately sixty (60) feet of additional land
immediately adjacent to the western boundary of the property Developer,is
acquiring from Trust. The terms of the exercise of this Option by Developer
are set -froth in this Option itself, but is limited to the exchange of real
property from the Trust in consideration of boat slips from the Developer. In
the event Developer elects not to exercise this Option prior to the sale of boat
slips to the general public (non Spooners Creeh PUD owners), Developer shall
notify Trust and Beneficiaries of the initial availability of such boat slips for
sale/purchase and give Trust and Beneficiaries equal opportunity to purchase
the same from Developer.
13. Dela-f ed Membership; That portion of the Trust property and the Ruth C.
Ewe property which is included in the PUD development, but is not owned
by the Developer shall. be initially excluded from homeowners association
membership, and thus exempt from homeowners association dues, for a period
of five (5) years immediately following the date when the first Certificate of
Occupancy (CO) is granted by the Town of forehead City for a property in
this PUD development. Nothing contained herein shall preclude the Trust or
Ruth C. Eure from wai-vizxg this time delay and securing earlier acceptance in
the homeowners association_ The parties achnowledge that during this delayed
membership period, Trust, Beneficiaries and Ruth C. Lure will not have use
of amenities (excepting roadways) available to other PUD owners. Nothing
contained Herein shall interfere with the additiozz rights of Developer as set
forth in Article 5 herein. In order to assure a consistent mode of
development in style and quality, at any tune the Trust or Ruth C. Eure
Page 6 of 8
1;�it
L0 39dd VNI�JVW A33?JOSa3NOOdS 86089ZL7,5Z TE:OT SOOVOVOT

property is developed, such development shall become part of they subje�'0
to the same owners architectural committees as then exist. For pu�q'e�s of 6'
this Article, Trust and/or Ruth C. Fure shall be required to confoz1t
architectural committee regulation, but membership in the PUD is n�
required prior to the granting of Certificates of Occupancy for improvements
constructed on their properties.
14. Purchase Rights: At such time as Developer is prepared to offer for sale the
multi-family condominium units comprising a part of the PUD development,
it will immediately notify Trust and Beneficiaries of the initial availability of
such units with the intezxt that Trust and Beneficiaries shall have equal
opportunity to purchase the same if they desire. Nothing contained herein,
shall be interpreted as giving Trust and,Beneficiaries a "right of first refusal"
or any type option. Notice given shall satisfy the requirements of this Article.
15, Time Schedule for Completion: All amenity development contemplated
by this agreement shall be completed within five (5) years from the date of
execution of this agreement. Should Developer acquire additional lands for
inclusion into this PUD as provided in Article 5 above, this completion time
shall, be computed from the date of the acquisition of such newly acquired
property. Time is of the essence with regard to this requirement.
lb_ Persozial Guarantee: The parties acknowledge that all negotiations which
led to the original Memorandum of Understanding, this Agreement and ally
contract existing between them were conducted by J. H. P. Bailey, Jr.
personally. Trust and Beneficiaries have confidence in the personal
representations of Mr. Bailey and look to him for the successful completion
of this project. To that extent, J. H. P. Bailey, Jr. agrees to be personally
responsible for the terms and conditions of this Agreement, and executes this
Agreement for the purpose of guaranteeing the performance of its terms and
Conditions.
17. Damages: The parties acknowledge that any measure of damages for a
breach of any of the terms and conditions of this Agreement is difficult to
Page 7 of 8
89 3Jtld dNI�NW A33NOSN3NOOdS 86989zzzsz TE:9T Seer/etiei

deternnine, and therefore agree that the cost of comp e of 14 nor
performed,condition shall be an adequate measurement of rno dagl- es.
C1.
18. Assi n: Except as to the personal guarantee of J. H. P. Bai�e�„�r.,
Developer reserves the right to assign the performance of this Agreements
such legal entity as it may create or as otherwise may exist.
IN TESTIMONY WHEREOF the parties named above have set their hands and
adopted the typew-xitten word "seal" as their official seals to multiple originals of this
Agreement, all effective on the day and year first above written.
Cape Lookout Marine,ki2,77e, seal
_-. Ruth C. Euxe
$y: 1101
seal
fa Y ynn Eure Osteen
First Citizens Bank (9 Trust Co., !�(il/%/1��ui.Q�� ill�4 Seal
Trustee of the T. D. Eure Trust Faith Anne Eure Matthews
T seal
J. H. ailed, Jr.
•�b,.:.eft..tiT,..,u..,.�up..�...1.940A,..rJ
pale 8 of 8
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