10-03 Barker, Holmes, Daniel, Sherrill, Miller & Griffin

'000-o-�o-o-altro.o-ot-1
Permit Class Permit Number
NEW 10-03
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
-- - and
Coastal Resources Commission p
L03 ikrmit ,.
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS I I3A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Barker,Holmes,Daniel,Sherrill,Miller& Griffin,c/o Ben Barker,8620 Bald Eagle Lane,Wilmington,NC 28411
Authorizing development in New Hanover County at adi. manmade canal off Middle Sound at
8605 thru 8628 Bald Eagle Lane , as requested in the permittee's application dated 10/23/02. including
attached the workplan drawings (3), Sheets 2, 3, & 5 of 9 all dated 10/23/02.
This permit, issued on January 14,2003 , 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.
Excavation
1) In order to protect juvenile shrimp and finfish populations, no excavation or filling will be permitted
between April 1 and September 30 of any year without the prior approval of the Division of Coastal
Management, in consultation with the Division of Marine Fisheries.
2) Excavation will not exceed -4 feet below the mean low water level. In no case shall excavation exceed
the depth of connecting waters.
3) No excavation activities shall be conducted within 10 feet of any area of coastal wetlands.
4) No vegetated wetlands will be excavated or filled.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the
other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission.
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit must be accessible on-site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
Donna D. Moffitt, Director
hereunder requires further Division approval.
Division of Coastal Management
All work must cease when the permit expires on This permit and its conditions are hereby accepted.
December 31, 2006
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program. Signature of P rmittee

Barker, Holmes, Daniel, Sherrill, Miller & Griffin Permit#10-03
Page 2 of 3
ADDITIONAL CONDITIONS
5) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not
authorized.
6) No excavated or fill material will be placed at any time in any vegetated wetlands or surrounding waters.
7) The permittee shall comply with the attached list of United States Coast Guard Regulations.
Spoil Disposal
8) The size and location of the spoil disposal area must be inspected and approved by a representative of
the Division of Coastal Management. The site must be flagged by a Division field representative for
wetlands and buffer requirements prior to the reconstruction of containment dikes, and again inspected
by a Division field representative prior to the commencement of any dredging activities.
9) All excavated materials will be confined above mean high water and landward of regularly or irregularly
flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any
marsh or surrounding waters.
10) The disposal area effluent will be contained by pipe, trough, or similar device to a point at or beyond the
mean low water level to prevent gully erosion and unnecessary siltation.
11) The terminal end of the pipeline will be positioned at or greater than 50 feet from any part of the dike
and a maximum distance from spillways to allow settlement of suspended sediments.
12) A water control structure will be installed at the intake end of the effluent pipe to assure compliance
with water quality standards.
13) The diked disposal area will be constructed a sufficient distance from the mean high water level or any
marsh to eliminate the possibility of dike erosion into surrounding wetlands or waters.
14) The disposal area will be properly graded and provided a ground cover sufficient to restrain erosion
within 30 working days of project completion.
Water Quality
15) The N.C. Division of Water Quality has authorized the proposed project under General Water Quality
Certification No. 3371 (DWQ Project No. 021867), which was issued on 1/6/03. Any violation of the
certification issued by the DWQ will be considered a violation of this CAMA permit.
16) The permitted activity will be conducted in such a manner as to prevent a significant increase in
turbidity outside of the area of construction or construction-related discharge. Increases such that the
turbidity in the waterbody is 25 NTU's or less in all saltwater classes are not considered significant.

Barker, Holmes, Daniel, Sherrill, Miller & Griffin Permit#10-03
Page 3 of 3
ADDITIONAL CONDITIONS
Sedimentation and Erosion Control
NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must be
filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this
plan to the Department of Environment and Natural Resources, Land Quality Section, 127
Cardinal Drive Extension, Wilmington, NC 28405.
17) Appropriate sedimentation and erosion control devices, measures or structures must be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence,
diversion swales or berms, sand fence, etc.).
18) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion
within thirty days of project completion.
General
19) This permit does not authorize the interference with any existing or proposed Federal project, and the
permittee will not be entitled to compensation for damage or injury to the authorized structure or work
which may be caused from existing or future operations undertaken by the United States in the public
interest.
20) No attempt will be made by the permittee to prevent the full and free use by the public of all navigable
waters at or adjacent to the authorized work. Use of the permitted activity must not interfere with the
public's right to free navigation on all navigable waters of the United States.
21) The permittee understands and agrees that, if future operations by the United States requires the
removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the
opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause
unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon
due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions
caused thereby, without expense to the United States or the state of North Carolina. No claim shall be
made against the United States or the state of North Carolina on account of any such removal or
alteration.
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 U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No.
200300186.

t _ -
FCOAST GUARD REGULATIONS APPLICABLE TO DREDGE OPERATIONS
regulations which are applicable to dredge operations in the COTP Wilmington zone. This list
. We encourage dredge companies to schedule a meeting with members of the USCG staff, in
ded amplifying information or answers to any questions that may exist. We also strongly
encourageaninspected Towing Vessels (UTV) associated with each dredging operation to participate in the
USCG's Voluntary Commercial Dockside Examination program. Please contact LT Dave Brown of the USCG
staff at [phone], extension 108, to coordinate a meeting or dockside exam.
1. Lights on dredge pipelines (33 CFR 88.15)
2. Lights on barges at a bank or dock (33 CFR 88.13)
3. Lights and Shapes (33 CFR 84.11-13)
4. Mooring Buoys (33 CFR 62.35)
5. Special Marks (33 CFR 62.31)
6. Uninspected Towing Vessel's (UTV)Licensing Requirements (46 CFR 15.910 & 15.815)
7. UTV Drug Testing Requirements (33 CFR 4.06 & 4.03-2)
8. UTV Marine Radar Requirement (33 CFR 164.01(b) & 164.72)
9. UTV Certificate of Documentation (33 CFR 173.21)
10. UTV Marine Casualty Reporting Criteria (46 CFR 4.05-1)
11. Dredge or UTV Advance Notice of Transfers (33 CFR 156.118)

��
ia
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
January 15, 2003
Mr.Ben Barker
8620 Bald Eagle Lane
Wilmington,NC 28411
Dear Mr.Barker:
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 I I3A-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 persohnel at any time for assistance.By
working in accordance with the permit,you will be helping to protect our vitally important coastal resources.
Sincerely,
a 9
Douglas V.Huggett
Major Permits and Consistency Manager
Enclosures
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
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
�c,n
1. APPLICANT'S NAME: BoeBarker, et al.
2. LOCATION OF PROJECT SITE: Man-made channel adjacent to 8605 - 8628 Bald Eagle Lane, in
Middle Sound, in New Hanover Co.
Photo Index - 2000: 22-279: M,N- 8,9,10 1995: 22-262: L,M - 9,10,11
State Plane Coordinates -X: 2379193 Y: 201075 Rover File: 0111315A
3. INVESTIGATION TYPE: CAMA/D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 11/13/02
Was Applicant Present - No
5. PROCESSING PROCEDURE: Application Received - 11/4/02
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - New Hanover Co./Wilmington
Land Classification From LUP - Conservation
(B) AEC(s) Involved: EW, PT
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - Individual septic tank systems
Planned - None
(F) Type of Structures: Existing - Single-family residences, private piers
Planned - None
(G) Estimated Annual Rate of Erosion: N/A
Source -N/A
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
(B)Non-Vegetated Wetlands - 39,000 sgft.
Open water/mud bottom
(C) Other- Hi h ound (Spoil Area) 80,000 sq:ft::]l
(D) Total Area Disturbed: 119,000 sqft.
(E) Primary Nursery Area: No
(F) Water Classification: SA-ORW Open: Yes
8. PROJECT SUMMARY: The applicants are requesting a permit to authorize the maintenance dredging
of the small channel adjacent to their property.

Bill Barker, et al.
Page Two
9. PROJECT DESCRIPTION
The project site is an existing access channel to the Atlantic Intracoastal Waterway(AIWW) located
adjacent to six singly-family residences and one undeveloped lot, between 8605 and 8628 Bald Eagle
Lane, in the Porter's Neck area of New Hanover County. The site is accessed by Porter's Neck Road,
off U.S. Highway 17-N. Bald Eagle Lane lies parallel to the AIWW and is primarily developed with
single family residences.
The access channel runs parallel to the shoreline with a perpendicular channel at each end connecting to
the AIWW. The migration of the sand shoal on the east side of the channel has prompted the applicants
to apply for a maintenance permit to restore the navigable water depths.
New Hanover County classifies this area as Conservation in their Land Use Plan. The area is not a
designated Primary Nursery Area, and is open to the taking of shellfish. The waters of Middle Sound are
classified SA-ORW by the N.C. Division of Water Quality.
The proposal is to dredge the U-shaped channel (1100 ft.) to a depth of-4 ft. at mean low water(MLW).
Current soundings indicate that the north-south portion of the channel is dry at low water and that water
depths range from 0 to -2 ft. in the perpendicular channels at either end of the project. The shore parallel
channel would average 40 ft. in width to accommodate existing piers and maintain a 10 ft. separation
from all marsh fringes. The two perpendicular end channels would be 30 ft. wide. The dredging would
end where the channel intersects the -4 ft. contour of the AIWW. The dredging is to be accomplished
hydraulically. The material will be pumped to an existing spoil island, located just south and across the
AIWW from the project site. The applicant has received approval from the property owners to use the
site. The spoil area is rectangular in shape, approximately 400' long and 200' wide. Reconstruction of
containment dikes, as well as, a water control structure, with adjustable flashboards, and an effluent pipe
to carry the effluent to the mean low water line would be required prior to spoil deposition.
10. ANTICIPATED IMPACTS
This project would create the disturbance of approximately 39,000 square feet of shallow, sandy bottom.
The applicant reports that approximately 7,657 cubic yards of material would be removed from the
channel system, and placed on high ground on the spoils disposal island. The spoil area highground
disturbance would be approximately 80,000 square feet. Temporary turbidity increases are to be
expected during the dredging activity.
Submitted by: E.F. Brooks Date: 11/26/02 Office: Wilmington

Recommendations for State Permit- Bill Barker, et. al.
As per the applicant's consultant's conversation with Stroud and Huggett, aerial photography and
existing pier locations confirm the continuous use of the navigation channel. I have no objections to the
proposed project subject to the following conditions;
✓1. The size and location of the spoil area must be approved by the Division of Coastal Management.
The site must be flagged by a DCM Representative, for wetlands and buffer requirements prior to
the reconstruction of containment dikes, and again inspected by DCM prior to the beginning of
any dredge activity.
✓2. In order to protect juvenile shrimp and finfish populations, no excavation or filling will be
permitted between April 1 st and September 30 of any year without the prior approval of the
Division of Coastal Management, in consultation with the Division of Marine Fisheries.
3. Excavation will not exceed 4 feet below the mean low water level.
'-/4. No marsh grass will be excavated and/or filled. A distance of 10 feet shall be maintained between
any excavation and the marsh fringe.
5. The temporary placement or double-handling of excavated or fill materials within waters or
vegetated wetlands is not authorized.
✓ 6. No excavated or fill material will be placed at any time, in any marsh or surrounding waters.
,/7. The disposal area effluent will be contained by pipe,trough, or similar device to a point at or
beyond the mean low water level to prevent gully erosion and unnecessary siltation.
J 8. The terminal end of the pipeline will be positioned at or greater than fifty feet(50) from any part
of the dike and a maximum distance from spillways to allow settlement of suspended solids.
9. A water control structure will be installed at the intake end of the effluent pipe to assure
compliance with water quality standards.
./ 10. The diked disposal area will be constructed a sufficient distance from the mean high water level
or any marsh to eliminate the possibility of dike erosion into or upon any marsh or surrounding
waters.
.l 11. The spoil area will be properly graded and provided a ground cover sufficient to restrain erosion
within thirty (30)working days of project completion.
12. The pier at 8608 Bald Eagle Lane shall be shortened to a length not to exceed 1/3 of the channel.

Form DCM-MP-1
A]PPLICATION
(To be completed by all applicants)
1. APPLICANT c. Street address or secondary road number.
8620 Bald Eagle Lane
a. Landowners: See Attached list d. Is proposed work within city limits or planning
Name Ben Barker (Group Contact.) jurisdiction? Yes x No
Address 8620 Bald Eagle Lane e. Name of body of water nearest project {e.g.
City Wilmin on State NC river,creek,sound,bay) Atlantic.Intracoastal Waterway
Zip 28411 Day Phone [phone]
Fax [phone] 3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
b. Authorized Agent:
Steve Morrison, Land Management Group,, a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
Inc.,P.O. Box 2522, Wilmington, N.C. excavation and/or filling activities.
28402, 910-452-0001 Excavation of channel to restore boating access
c. Project name(if any) N/A b. Is the proposed activity maintenance of an
existing project,new work,or both?Maintenance of
former water depths,no existing project.
2. LOCATION OF PROPOSED C. Will the project be for public, private or
commercial use? Public use for navigation.
PROJECT
d_ Give a brief description of purpose, use, methods
of construction and daily operations of proposed
a. County New Hanover project. If more space is needed, please attach more
pages.
b. City,town,community or landmark See attached narrative for project description.
Porters Neck community
y � ry UU
Revised 03/95 D 1\1 t S J O N
OF
MANAGEMENT

Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 61ots totaling—4.6 acres
' 1. Are there wetlands on the site? x Yes No
b. Size of individual lot(s).51 to 1.04 acres Coastal(marsh) x Other
If yes,has a delineation been conducted? e�s _
c. Approximate elevation of tract above MHW or (Attach documentation,if available)
NWL 6-20'mhw Edges of coastal marsh have been survey
d. Soil type(s) and texture(s)of tract m.Describe existing wastewater treatment facilities.
Kenansville fine sand On-site septic systems
e. Vegetation on tract Loblolly pine,live oak n Describe location and type ofdischarges to waters of
ornamental shrubs,etc. the state. (For example,-surface runoff,
f. Man-made features now on tract Homes piers Sanitary wastewater, industrial/commercial effluent,
"wash down"and residential discharges.)None
g. What is the CAMA Land Use Plan land
classification of the site?(co,,. 1t the local land use plan.) o. Describe existing drinking water supply source.
Individual wells
Conservation Transitional
Developed Community 5. ADDITIONAL INFORMATION
Rural x Other
Resource Protection
h. How is the tract zoned by local government? Siaale In addition to the completed application form, the
family residential following items must be submitted:
* A copy of the deed(with state application only) or
I. Is the proposed project consistent with the other instrument under which the applicant claims title
to the affected properties. If the applicant is not
applicable zoning? x Yes No claiming to be the owner of said properly, then
(Attach zoning compliance certificate,ifappZicable) forward a copy of the deed or other instrument under
j. Has a professional archaeological assessment Which the owner claims title, plus written permission
been done for the tract? Yes x No from the owner to carry out the project.
If yes,by whom? N/A * An accurate,dated work plat(including plan view
and cross-sectional drawings) drawn to scale in black
k Is the project located in a National Registered ink on an 8 1/2" by I V white paper. (Refer to Coastal
Historic District or does it involve a -National Resources -Commission Rule 71 D2D3 Tor a detailed
Register listed or eligible property?No description.)
Please note that original drawings are preferred and only or location map is a part of plat requirements and it
high quality copies will be accepted. Blue-line prints or must be sufficiently detailed to guide agency personnel
other larger plats are acceptable only if an adequate number unfamiliar with the area to the site. Include highway or
of quality copies are provided by applicant. (Contact the secondary road(SR)numbers,landmarks,and the like.
U.S.Army Corps of Engineers regarding that agency's use of y
larger drawings.) A site
Revised 03/95 NOV _ 2002
DIVISION Or

Form DCM-MP-1
6. CERTIFICATION AND PERMISSION TO
* A Stormwater Certification,if one is necessary.
ENTER ON LAND
* 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 signed application will allow only the development described in
return receipts as proof that such owners have received the application. The project will he _subject to
a copy of the application and plats by certified mail. conditions and restrictions contained in the permit.
Such landowners must be advised that they have 30 days in
which to submit comments on the proposed project to the I certify that to the best of my knowledge,the proposed
Division of Coastal Management. Upon signing this form, activity complies with the State -of North Carolina's
the applicant further certifies that such notice has been provided. approved Coastal Management Program and will be
Name H. Claw Jones conducted in a manner consistent-with such program.
Adress 8632 Bald Eagle Lane
Wilmington.N.C. 28411 I certify that i am authorized to grant, and do in fact,
Phone [phone] grant permission to representatives of state and federal
review agencies to enter on the aforementioned lands in
Name James E. Furr connection with evaluating information related to this
Address314 W.Renova Circle permit application and follow-up monitoring of the
Wilmington.N.C. 28403 project.
Phone [phone]
1 further certify-that the information provided in this
Name James Wicker application is truthful to the best of my knowledge.
Address257 Howards Lane This is the day of De7aasl2- ,20o z- .
Hampstead,N.C. 28443
Phone [phone] Print Name v-�oRQtso�
* A list of previous state or federal permits issued for Signature Favj
work on the project tract. Include permit numbers, Landowner or ut t�&,d en
permittee,and issuing dates.
Please indicate attachments pertaining to your proposed
* A check for $475 made payable to the Department of project.
Environment,Health, and Natural Resources (DEHNR)to
cover the costs of processing the application. x DCM MP-2 Excavation and Fill Information
DCM MP-3 Upland Development
* A signed AEC hazard notice for projects in oceanfront DCM MP-4 Structures Information
and inlet areas. DCM MP-5 Bridges and Culverts
DCM MP-6 Marina Development
* A statement of compliance with the N.C.
Environmental Policy Act(N.C.G.S.113A-1 to 10) Ifthe NOTE:Please sign and date each attachment in the
project involves the expenditure of public funds or use of space provided at the bottom of each form.
public lands, attach a statement documenting compliance
with the North Carolina Environmental Policy Act. , . —i i �1—��v i
Revised 03/95 NOV 2002
DIVISION OF
r-f-)AO,TA[_ MANACaEMI-`N T

Form DCM-MR2
EXCAVATION
AND FILL
(Except bridges and culverts)
Attach this form to Joint Application for CAMA
Major Permit, Form DCM-MP-I. Be sure to
complete all other sections of the Joint Application 1. EXCAVATION
that relate to this proposed project. a. Amount of material to be excavated from below
MHW or NWL in cubic yards 7657
Describe below the purpose of proposed excavation
or fill activities. All values to be given in feet. b. Type of material to be excavated
Sand
Average Final
Existing Project
Length width Depth Depth c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation
Access channel Avg +1 to (SAVs)or other wetlands?_Yes x No
(MLW)or(NWL) 1100 30- -2 -4
50 mlw m1w d. Highground excavation in cubic yards N/A
Canal N/A
2. DISPOSAL OF EXCAVATED
Boat N/A
Basin MATERIAL
a. Location of disposal area
Disposal island opposite waterway from site.
Boat N/A Area outside Corps right of way limits.
Ramp
b. Dimensions of disposal area
400'x200'
Rock N/A
Groin c. Do you claim title to disposal area?
Yes x No
Rock N/A If no,attach a letter granting permission from the
Breakwater owner. See attached letter of permission
Other(Excluding d. Will a disposal area be available for future
shoreline stabiliz-
ation) NIA maintenance? x Yes No.If yes,where?
Same H
Revised 03195
RR
02
DIVISION OF

Form DCM-MP-2 b. Will fill material be placed in coastal wetlands
(marsh), SAVs or other wetlands?N/A
e. Does the disposal area include any coastal —Yes x No
wetlands(marsh),SAVs or other wetlands?
—Yes x No
5, GENERAL
f. Does the disposal include any area in the water?
—Yes x No a. How will excavated or fill material be kept on
site and erosion controlled?
Excavated material from channel to be placed
3. SHORELINE STABILIZATION within dredge disposal dike with water control
N/A structure.
a. Type of shoreline stabilization b. What type of construction equipment will be
Bulkhead Riprap used(for example,dragline,backhoe, or hydraulic
dredge)?Hydraulic dredge,excavator,dozer
b. Length
c. Average distance waterward of MHW or NWL c. Will wetlands be crossed in transporting
equipment to project site? x Yes No
d. Maximum distance waterwardofMHW orNWL If yes, explain steps that will be taken to lessen
environmental impacts.
Equipment will access disposal island at same
e. Shoreline erosion during preceding 12 months relatively bare area used by Corps of Engineers
f. Type of bulkhead or riprap material
g. Amount of fill in cubic yards to be placed below
water level
(1)Riprap Applicant or Project Name
(2)Bulkhead backfill
-,S /avE- MoR9isoAj
h. Type of fill material Signature
i. Source of fill material
Date
/0/A 3 /02_
4. OTHER FILL ACTIVITIES
(ExcludinLy Shoreline Stabilization)
a. Will fill material be brought to site? 0 II L H I`
Ell
Yes x No
PrIl
NOV
DIVISION OF
COASTAL MANAGEMENT
Revised 03/95

Project Narrative
In order to restore traditional boating access to their lots, the applicants are requesting
authorization to excavate sediments from a channel located at the ends of the existing
piers and connecting to the Intracoastal Waterway. Currently, the small channel bottom is
exposed during low tides with surveyed elevations ranging from+0.4' to +1.4' mlw. The
planned —4' mlw excavation area loops to connect with the deeper waterway at either
end. Channel excavation will remain 10' away from all marsh areas. The project is not
located within a Primary Nursery Area (PNA). Dredging will take place during the
seasonal window as determined by the NC Division of Marine Fisheries. Individual pier
owners in the project area will be responsible for obtaining
permitting for modifying their
floating docks, boat lifts and pier lengths associated with the future use of the excavated
channel.
The sandy hydraulically dredged material will be placed within a shaped containment
dike on the disposal island directly across the Intracoastal Waterway. Through
consultation with the Corps of Engineers, the bottom of the containment area will lie
within the eastern portion of the island that is outside the Corps right-of-way. Written
permission for disposal has been obtained from the owner of the island, the North East
New Hanover Conservancy. Prior to disposal, storage capacity will be enhanced by
moving existing dry material from the planned diked area into the Corps right-of-way
area. Additional dry material will be pushed outward to form the dike wall along the
existing island rim and right-of-way line. A silt fence will be installed outside the dike
area that faces the marsh _prior to the project to prevent incidental material movement
down the existing embankment. A water control structure will be constructed within the
dike to allow for the settling of suspended sediments prior to water release. The discharge
pipe will extend northward to a point beyond mean low water in Nixon Creek.
Riparian notification will include the adjacent lot owners north and south of the project
area as well as the owner of an undeveloped lot located between the lots owned by the
applicants. This undeveloped lot has no.pier or bulkhead.
C(r 4
NOV 2002
DIVISION OF
COASTAL MANAGEMENT

Landowner/Applicant List
Jerry and Jeanne Holmes, Jr. 8628 Bald Eagle Lane, Wilmington,N.C. 28411
910-328-3201
Armand and Phyllis Daniel 8624 Bald Eagle Lane, Wilmington,N.C. 28411
910-686-0232
Ben and Jeanette Barker 8620 Bald Eagle Lane, Wilmington,N.C. 28411
(Group Contact) 910-686-7152
John and Deborah Sherrill 8616 Bald Eagle Lane, Wilmington,N.C:28411
910-686-7213
Jon and Diane Miller 8608.Bald Eagle Lane, Wilmington,N.C. 28411
910-686 231-0
Richard and Ann Griffith 8605 Bald Eagle Lane, Wilmington, N.C. 28411
910-686-7481
2002
DIVISION OF
(-'�'�ARTAL MANAGEMENT

EXCAVATION CROSS SECTION
MARSH MARSH
MEAN HIGH WATER
EXISTING GRADE
its MEAN LOW WATER
N —4' MLW
AREA TO BE EXCAVATED
A
ALL EXCAVATION TO REMAIN A MINIMUM OF 10' FROM MARSH EDGE
PROPOSED CHANNEL EXCAVATION
SCALE 1"= 20' HORIZONTAL ATLANTIC INTRACOASTAL WATERWAY
NEW HANOVER CO., NORTH CAROLINA
1"= 10' VERTICAL BEN BARKER ET'AL
/0123102,SHEET3 OF9

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NEW HANOVER CO., NORTH CAROLINA
2 400 600 BEN BARKER ET AL
Feet 1 01131 o2-SH EET S+ OF q
coy

DISPOSAL ISLAND CROSS SECTION
PREPARATION WORK PRIOR TO DREDGING
FACING NORTH
INSIDE RIW RIGHT-OF-WAYLINE OUTSIDE RIW
DIKE 2' FREEBOARD AREA DIKE /SILT FENCE
FILL AREA
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ATLANTIC INTRACOASTAL WATERWAY
NEW HANOVER CO., NORTH CAROLINA LL
BEN BARKER ET AL
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/0123102SHEET 9 OF9
7) 189 000 FEET

PERMISSION FOR CAMA APPLICATION SUBMITTAL
I, do hereby give my permission for Dr. Ben Barker
to submit,on y behalf,an application for a NC Division of Coastal Management permit for the
excavation of the channel near my property. Further,as a co-applicant, I have no objection to the
proposed project.
l4lc °�/c� z
Sign Date
SOB 11V z
NOV R 4 2602
DIVISION OF LO
COASTAL MANAGEMENT

PERNIISSION FOR CAMA APPLICATION SUBMITTAL
I, Aft)A,71P104,) do hereby give my permission for Dr. Ben Barker
to submit,on my behaff,an application for a Division of Coastal Management permit for the
excavation of the channel near my property. Further,as a co-applicant, I have no objection to the
proposed project.
Signature Date
Nov - 4 2002
DIVISION OF
r()ASTAL MANAGEMENT

PERMISSION FOR CAMA APPLICATION SUBMITTAL
I, J flak ��i212/�L do hereby give my permission for Dr. Ben Barker
to submit,on my behalf,an application for a NC Division of Coastal Management permit for the
excavation of the channel near my property. Further, as a co-applicant,I have no objection to the
proposed project.
e Date
U S � V N .
NOV - 4 2002
DIVISION OF
^�ASTAL MANAGEMENT

PERMISSION FOR CAMA APPLICATION SUBMITTAL
I, do hereby give my permission for Dr. Ben Barker
to submit,on my half,an appli on for a NC Division of Coastal Management permit for the
excavation of the channel near my property. Further, as a co-applicant, I have no objection to the
proposed project.
Signature Date
T
,
002
plv�S,OV ®�M�NT
P's

FROM :BEN BARKER FAX NO. :9106865301 Oct. 28 2002 03:30PM P1
' XL
~ 60 A Y/6 7—
PERMISSION FOR CAMA APPLICATION SUBMITTAL
do hereby give my permission for Dr. Ben Barker
to submit,on application for a NC Division of Coastal Management permit for the
excavation of a channel near my property. Further, as a co-applicant, I have no objection to the
proposed project.
s;
Date
NOV - 4 2002
DIVISION OF
. - nAnNIAGEMENT

DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
A) APPLICANT:. Barker, et al County: New Hanover County
LOCATION OF PROJECT: 8605-8628 Bald Eagle Lane, in Middle Sound in New Hanover County.
DATE APPLICATION RECEIVED COMPLETE BY FIELD: November, 2002 C
FIELD RECOMMENDATION: Attached: YES To Be Forwarded:No "��'��
CONSISTENCY DETERMINATION: Attached:No To Be Forwarded: Yes DEC 0 2 2002
FIELD REPRESENTATIVE: E. F. Brooks DISTRICT OFFICE: WilingtSTALMANAGEMFNT
DISTRICT MANAGER REVIEW: ®� RALEIGH
B) DATE APPLICATION RECEIVED IN RALEIGH: FEE REC'D:$ 4,7S-
PUBLIC NOTICE REC'D: ✓ / END OF NOTICE DATE: —
ADJ. RIP. PROP NOTICES REC'D: ✓ DEED REC'D:
APPLICATION ASSIGNED TO: ON: / Z ofa
C) 75 DAY DEADLINE: l cb/AL 150 DAY DEADLINE:
MAIL OUT DATE: STATE DUE DATE: 10 a 310 _
FEDERAL DUE DATE: 1 f 5 l 3 FED COMMENTS REC'D: \ ) J n3
PERMIT FINAL ACTION: ISSUE DENY DRAFT ON
AGENCY DATE CONUVIENTS OBJECTIONS: NOTES
RETURNED YES NO
Coastal Management-Regional Representative ���� �►(j
Coastal Management-LUP Consistency
Division of Community Assistance 1 Z1 f d�uL ✓
Land Quality Section t2 Ol— SF f,A
Division of Water Quality t/ w lo3
Storm Water Management(DWQ) /,?b/0Z
State Property Office ` 1 02-
Division of Archives&History
Division of Environmental Health
Division of Highways ��
Wildlife Resources Commission
Division. of Water Resources Z31cL
Division of Marine Fisheries l�}�u3 ✓ OI'Z,�tIrIUYY�
Submerged Lands(DMF)

DISTRIBUTION:
L/Permittee
;/Agent
DCM ` lizabeth City
ingto
Mo City
ilmington
USACE d
DOT)
Wilmington, Henry Wicker
DOT)
State Property Office,Joseph Henderson
Cultural Resources,Renee Gledhill-Early
Environmental Health,Beverly Sanders
Shellfish Sanitation, Gina Brooks
NCDOT,L.A. Sanderson
Wildlife Resources,D�enry
Bennett Wynne
avi �DOT)
Water Resources,John Sutherland
Water Quality,John Dorney
Marine Fisheries,Mike Street
FAX TO:
Pernuttee C "l 110 to 3(3 1
DCM 1
War
Morehead City
Wilmington
USACE mg on, a eig an
- OT)
Wilmington, Henry Wicker
Da T)

® North Carolina Wildlife Resources Commission
Charles R.Fullwood,Executive Director
MEMORANDUM
TO: Doug Huggett
Division of Coastal Management
FROM: Bennett Wynne
Habitat Conservation Program
DATE: February 19, 2003
SUBJECT: CAMA/Dredge&Fill Permit Application for Ben Barker, et al, man-made channel
@ 8605-8628 Bald Eagle Ln, on Middle Sound, New Hanover County, North
Carolina.
The North Carolina Wildlife Resources Commission has reviewed the project for impacts
to wildlife and fishery resources. We regret that time constraints considerably delayed our
response. Our comments are provided in accordance with provisions of the Fish and Wildlife
Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.) and the Coastal Area
Management Act (G.S. 113 A-100 through 113 A-128).
The applicant is requesting a permit authorizing maintenance dredging of a small channel
adjacent to their property that historically has provided boat access to Middle Sound. Area
waters are classified SA-ORW and open to shellfishing. Elevated turbidity and consequent water
quality decline in a very sensitive estuarine area is expected to be a significant adverse impact
associated with the project. Therefore, we recommend that the permit include the following
conditions.
1. Excavation shall avoid the April 1 to September 30 period of peak biological activity.
2. The excavation area shall be enclosed by a turbidity curtain.
Thank you for the opportunity to comment on this application. If you have questions,
please call me at(252) 522-9736.
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center• Raleigh,NC 2 7699-1 72 1
Telephone: [phone] ext.281 9 Fax: [phone]

R
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT,CORPS OF ENGINEERS
_ P.O.BOX 1890
WILMINGTON.NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF:
January 14, 2003
Regulatory Division
JAN 1 7 iUUJ
Action ID No. 200300186 1%W 1�,FCOMALMANAGER Trr
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
1638 Mail Service Center
Raleigh, North Carolina 27699-1638
Dear Mr. Huggett:
Reference the application ofAarker, Holmes, Daniel, Sherrill, Miller and Griffith for a
Department of the Army permit to authorize the maintenance dredging of the small channel to
the Atlantic Intracoastal Waterway(AIWW) adjacent to your property located between 8605 and
8628 Bald Eagle Lane, in the Porter's Neck area in New Hanover County, North Carolina. The
Federal agencies have completed review of the proposal as presented by the application and your
field investigation report.
We recommend that the following conditions be included in the State authorization:
1. All work authorized by this permit must be performed in strict compliance with the
permit plans, which are a part of this permit.
2. No excavation or filling will be permitted between the dates of April 1 and
September 30 of any year without the prior approval of the North Carolina Division of Coastal
Management.
3. All excavated materials will be confined landward of the mean high water(MHW)
elevation contour and any regularly or irregularly flooded vegetated wetlands.
4. All excavated materials will be confined landward of the mean high water(MHW)
elevation contour within adequate dikes or other retaining structures to prevent spillover of solids
into any vegetated wetlands or surrounding waters.

5. The terminal end of the pipeline from the dredge into the diked retention area will be
positioned at or greater than 50 feet from any part of the dike and a maximum distance from
spillways to prevent dike erosion and to allow adequate settlement of suspended solids.
6. A water control structure will be installed at the intake end of the effluent pipe leading
from the retention area in order to ensure maximum settlement of suspended solids.
7. Flow from the diked retention area will be confined by pipe, trough, or similar device to
a point at or below the mean low water(MI.W) elevation contour to prevent gully erosion and
siltation.
8. No excavated or fill materials will be placed at any time in any vegetated wetlands or
waters.
9. No vegetated wetlands will be excavated or filled.
10. Excavation will not exceed 4 feet below the elevation of mean low water(MLW).
11. The temporary placement or double handling of excavated or fill materials within
waters or vegetated wetlands is not authorized.
12. This permit does not authorize the interference with any existing or proposed Federal
project, and the permittee will not be entitled to compensation for damage or injury to the
authorized structure or work which may be caused from existing or future operations undertaken
by the United States in the public interest.
13. No attempt will be made by the permittee to prevent the full and free use by the public
of all navigable waters at or adjacent to the authorized work. Use of the permitted activity must
not interfere with the public's right to free navigation on all navigable waters of the United States.
14. The permittee shall comply with the attached list of United States Coast Guard
Regulations.
15. It is possible that the authorized structure may be damaged by wavewash from passing
vessels. The issuance of this permit does not relieve the permittee from taking all proper steps to
ensure the integrity of the permitted structure and the safety of moored boats. The permittee will
not hold the United States liable for any such damage.
16. No excavated or fill material will be placed in any location or in any manner so as to
impair surface water flow into or out of any wetland area.
2

s
17. The authorized structure and associated activity will not cause an unacceptable
interference with navigation.
18. The activity will be conducted in such a manner as to prevent a significant increase in
turbidity outside the area of construction or construction-related discharge. Increases such that
the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by
the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all
saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not
considered significant.
19. This Department of the Army permit does not obviate the need to obtain other Federal,
State, or local authorizations required by law.
20. The permittee understands and agrees that,if future operations by the United States require
the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the
opinion of the Secretary of the Army or his authorized representative,said structure or work shall cause
unreasonable obstruction to the free navigation of the navigable waters,the permittee will be required,
upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or
obstructions caused thereby,without expense to the United States. No claim shall be made against the
United States on account of any such removal or alteration.
Should you have any questions or comments, please contact the undersigned at telephone
[phone].
Sincerely,
4,",' W j,
Henry Wicker, Project Manager
Wilmington Regulatory Field Office
Enclosure
Copies Furnished(without enclosure):
Mr. Jim Gregson,District Manager Commanding Officer
Wilmington Regional Office U.S. Coast Guard
North Carolina Division of Coastal Management Marine Safety Office Wilmington
127 Cardinal Drive Extension 1502 North 23`d Street
Wilmington, North Carolina 28405 Wilmington, North Carolina 28405
3

January 10, 2003
Regulatory Division
Action ID No. 200300186
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
1638 Mail Service Center
Raleigh, North Carolina 27699-1638
Dear Mr. Huggett:
Reference the application of Barker, Holmes,Daniel, Sherrill, Miller and Griffith for a
Department of the Army permit to authorize the maintenance dredging of the small channel to
the Atlantic Intracoastal Waterway(AIWW) adjacent to your property located between 8605 and
8628 Bald Eagle Lane, in the Porter's Neck area in New Hanover County, North Carolina. The
Federal agencies have completed review of the proposal as presented by the application and your
field investigation report.
We recommend that the following conditions be included in the State authorization:
1. All work authorized by this permit must be performed in strict compliance with the
permit plans, which are a part of this permit.
2. No excavation or filling will be permitted between the dates of April 1 and
September 30 of any year without the prior approval of the North Carolina Division of Coastal
Management.
3. All excavated materials will be confined landward of the mean high water(MHW)
elevation contour and any regularly or irregularly flooded vegetated wetlands.
4. All excavated materials will be confined landward of the mean high water(MHW)
elevation contour within adequate dikes or other retaining structures to prevent spillover of solids
into any vegetated wetlands or surrounding waters.
5. The terminal end of the pipeline from the dredge into the diked retention area will be

-s
positioned at or greater than 50 feet from any part of the dike and a maximum distance from
spillways to prevent dike erosion and to allow adequate settlement of suspended solids.
6. A water control structure will be installed at the intake end of the effluent pipe leading
from the retention area in order to ensure maximum settlement of suspended solids.
7. Flow from the diked retention area will be confined by pipe, trough, or similar device to
a point at or below the mean low water(MLW) elevation contour to prevent gully erosion and
siltation.
8. No excavated or fill materials will be placed at any time in any vegetated wetlands or
waters.
9. No vegetated wetlands will be excavated or filled.
10. Excavation will not exceed 4 feet below the elevation of mean low water(MLW).
11. The temporary placement or double handling of excavated or fill materials within
waters or vegetated wetlands is not authorized.
12. This permit does not authorize the interference with any existing or proposed Federal
project, and the permittee will not be entitled to compensation for damage or injury to the
authorized structure or work which may be caused from existing or future operations undertaken
by the United States in the public interest.
13. No attempt will be made by the permittee to prevent the full and free use by the public
of all navigable waters at or adjacent to the authorized work. Use of the permitted activity must
not interfere with the public's right to free navigation on all navigable waters of the United States.
14. The permittee shall comply with the attached list of United States Coast Guard
Regulations.
15. It is possible that the authorized structure may be damaged by wavewash from passing
vessels. The issuance of this permit does not relieve the permittee from taking all proper steps to
ensure the integrity of the permitted structure and the safety of moored boats. The permittee will
not hold the United States liable for any such damage.
16. No excavated or fill material will be placed in any location or in any manner so as to
impair surface water flow into or out of any wetland area.
17. The authorized structure and associated activity will not cause an unacceptable
interference with navigation.
2

18. The activity will be conducted in such a manner as to prevent a significant increase in
turbidity outside the area of construction or construction-related discharge. Increases such that
the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by
the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all
saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not
considered significant.
19. This Department of the Army permit does not obviate the need to obtain other Federal,
State, or local authorizations required by law.
20. The permittee understands and agrees that,if future operations by the United States require
the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the
opinion of the Secretary of the Army or his authorized representative,said structure or work shall cause
unreasonable obstruction to the free navigation of the navigable waters,the permittee will be required,
upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or
obstructions caused thereby,without expense to the United States. No claim shall be made against the
United States on account of any such removal or alteration.
Should you have any questions or comments, please contact the undersigned at telephone
[phone].
Sincerely,
Henry Wicker
Project Manager
Wilmington Regulatory Field Office
Enclosure
Copies Furnished (without enclosure):
Mr. Jim Gregson, District Manager
Wilmington Regional Office
North Carolina Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Commanding Officer
3

U.S. Coast Guard
Marine Safety Office Wilmington
1502 North 23rd Street
Wilmington,North Carolina 28405
4

COAST GUARD REGULATIONS APPLICABLE TO DREDGE OPERATIONS
Below is a list of regulations which are applicable to dredge operations in the COTP Wilmington
zone. This list is not all inclusive. We encourage dredge companies to schedule a meeting with
members of the USCG staff, in order to be provided amplifying information or answers to any
questions that may exist. We also strongly encourage all Uninspected Towing Vessels (UTV)
associated with each dredging operation to participate in the USCG's UTV Voluntary
Commercial Dockside Examination program. Please contact BM1 Dan McDonald of the USCG
staff at [phone], extension 108, to coordinate a meeting or dockside exam.
1. Lights on dredge pipelines (33 CFR 88.15)
2. Lights on barges at a bank or dock(33 CFR 88.13)
3. Lights and Shapes (33 CFR 84.11-13)
4. Mooring Buoys (33 CFR 62.35)
5. Special Marks (33 CFR 62.31)
6. Uninspected Towing Vessel's (UTV) Licensing Requirements (46 CFR 15.910 & 15.815)
7. UTV Drug Testing Requirements (33 CFR 4.06 &4.03-2)
8. UTV Marine Radar Requirement (33 CFR 164.01(b) & 164.72)
9. UTV Certificate of Documentation (33 CFR 173.21)
10. UTV Marine Casualty Reporting Criteria(46 CFR 4.05-1)
11. Dredge or UTV Advance Notice of Transfers (33 CFR 156.118)
5

OF WATER
\O`a OG Michael F. Easley, Governor
William G. Ross Jr., Secretary
j 1 r North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
January 6, 2003
Mr. Ben Barker
8620 Bald Eagle Lane \\
Wilmington,NC 28411
SUBJECT: Approval of 401 Water Quality Certification
and Additional Conditions
Bald Eagle Lane Maintenance Dredging
DWQ Project# 021867
New Hanover County
Dear Mr. Barker:
You have our approval, in accordance with the attached conditions(WQC # 3371)to conduct the
following activity at your property located in Middle Sound adjacent to Bald Eagle Lane,New Hanover
County. This approval allows you to:
1). Dredge an approximately 39,000 sf area of shallow sandy bottom from the existing channel to a
depth of—4 ft, removing 6,500 cubic yards of material and placing it on the approved high
ground spoil disposal island.
This approval is only valid for the purpose and design that you described in your CAMA application
received by the Division of Water Quality(DWQ)on December 4, 2002. After reviewing your
application, we have determined that General Water Quality Certification Number 3371 covers this
activity. This Certification allows you to use your CAMA Permit when the NC Division of Coastal
Management issues it. Please keep in mind that there may be additional Federal, State or Local
regulations applicable to your project, such as(but not limited to) Sediment and Erosion Control,Non-
Discharge and Water Supply Watershed regulations and Coastal Stormwater. In addition,this approval
will expire when the accompanying CAMA Permit expires unless otherwise specified in the General
Certification.
This approval is only valid for the purpose and design that you described in your CAMA Major Permit
application received by the Division of Coastal Management on November 4, 2002. If you change or
modify your project,you must notify the Division(DWQ) in writing and you may be required to send us a
new application for a new certification. If the property is sold,the new owner must be given a copy of the
Certification and approval letter and is thereby responsible for complying with all conditions. If total
wetland fills for this project(now or in the future)exceed one acre, compensatory mitigation may be
required as described in 15A NCAC 2H .0506(h). For this approval to be valid, you must follow the
conditions listed in the attached certification and the additional conditions listed below:
1). The attached Certificate of Completion(COC) must be submitted to the Division upon final
construction of the site;
2). Turbidity levels must not exceed 25 NTUs outside of the project area;
N.C. Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service ;��
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone] ry t.bMR

Page Two
Mr. Barker
January 6, 2003
3). Reconstruction of containment dikes and a water control structure,with adjustable flashboards,and an
effluent pipe to carry the effluent to the mean low water line is required prior to spoil deposition.
Please notify this Office at the number listed below if any problem arises during the construction of the
project that may affect water quality.
If you do not accept any of the conditions of this certification,you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a
written petition conforming to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings,6714 Mail Service Center,Raleigh,N.C. 27699-6714. This certification and its
conditions are final and binding unless you ask for a hearing.
This letter completes the review of the DWQ Permit#021867 under Section 401 of the Clean Water
Act. If you have any questions,please telephone Noelle Lutheran or Rick Shiver at 910-395-3900.
Sincerely,
1 Alan W.Klimek,P.E.,Director
Division of Water Quality
Attachments: GC#3371
Certificate of Completion
cc: Corps of Engineers Wilmington Field Office—Henry Wicker
WiRO-Noelle Lutheran
401/Wetland Unit,Central Office—Cyndi Karoly
CAMA—Ed Brooks
CAMA Raleigh—Doug Huggett
Central Files

MEMORANDUM
TO: Doug Huggett
Major Permits Processing Coordinator r V.C;.Co �o TALVI IAGENU"T
FROM: James E. Rosich,AICP
Wilmington District Planner
SUBJECT: CAMA Major Permit Application Land Use Plan Consistency Determination: Bob
Barker, et al: 8605—8628 Bald Eagle Lane,New Hanover County
DATE: December 9,2002
The applicants are proposing to conduct maintenance dredging of the access channel to the Atlantic
Intracoastal Waterway(AIWW). The existing channel is located adjacent to six single-family residences
and one undeveloped lot off of Bald Eagle Lane in the Porter's Neck(unincorporated)area of New
Hanover County. The channel runs parallel to the shoreline with a perpendicular channel at each end that
connects to the AIWW. The spoil material will be deposited on an existing spoil island located just south,
and east of the AIWW from the project site. According to the Division's Field Investigation Report,the
Estuarine Waters and Public Trust Area Areas of Environmental Concern(AECs)will be impacted.
Waters at the site are classified SA-ORW,and are open to shellfishing. Waters at the site are not
designated as Primary Nursery Area(PNA).
This development proposal has been reviewed for consistency with the Wilmington—New Hanover
County CAMA 1997-2010 Land Use Plan Update and Comprehensive Plan,as amended. The purpose of
the Conservation land classification is to provide for the effective long-term management and protection of
significant, limited or irreplaceable natural resources while also protecting the rights of the property owner.
Resource Protection Policy 4.9 states: Allow uses of estuarine and public trust waters that provide
benefits to the public and which satisfy riparian access needs ofprivate property owners.
Although there is no record of either State or federal permits being previously issued to conduct dredging,
an existing access channel appears on aerial photographs. Resource Protection Policy 4.10 states: Not
allow new dredging activities in Primary Nursery Areas(PNA), Outstanding Resource Waters(OR99,
or Shellfishing Waters(SA), except for the purpose of scientific research, designed for the purpose of
protecting and enhancing water quality, and where supported by sound scientific and technical
knowledge. According to New Hanover County Planning Director Dexter Hayes,the intent of the LUP is
to continue to allow for maintenance dredging of existing channels or basins that have some historical use
(attached correspondence dated December 5,2002). As such, this project appears to be consistent with
LUPprovided all local,state and federal regulations are met.
cc: Charles Jones,DCM
Dexter Hayes,New Hanover County
Ann Hines,New Hanover County
File

1
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT,CORPS OF ENGINEERS
P.O.BOX 1890
- WILMINGTON.NORTH CAROLINA 28402-1890
REPLY TO SCENE
�" r•
ATTENTION OF: E�
December 9, 2002 DEC 1 6 2002
Regulatory Division M1/.07:CMTALN1ANAGEMEt.r.
Action ID No. 200300186
Barker, Holmes, Daniel, Sherrill, Miller, and Griffith
C/o Mr. Ben Barker
8624 Bald Eagle Lane _
Wilmington, North Carolina 28411
Dear Mr. Barker:
On July 24, 2000, we renewed general permit No. 198000291 (copy enclosed), which
provides Federal authorization for construction activities that receive authorization from the State
of North Carolina.
A review of your request to authorize the maintenance dredging of the small channel to
the Atlantic Intracoastal Waterway (AIWW) adjacent to your property located between 8605 and
8628 Bald Eagle Lane, in the Porter's Neck area in New Hanover County, North Carolina,
indicates it to be a candidate for Federal authorization under this general permit. Accordingly,
the administrative processing of your application will be accomplished by the North Carolina
Division of Coastal Management. Comments from Federal review agencies will be furnished to
the State.
If your application must be withdrawn from this general permit process for any reason,
you will be informed regarding its further management. If there are no unresolved differences in
State-Federal positions or policies, the final action taken on your application by the State will
result in your receiving written notice from us that your application is consistent with the general
permit and you may commence your activity. Only after receiving such confirmation should you
be in work.

iJ
1
Your application, pursuant to Section 10 of the Rivers and Harbors Act of 1899, has been
assigned Action ID No. 200300186 will be coordinating your permit application with other
Federal agencies. You may contact me at [phone].
Sincerely,
Henry Wicker, Project Manager
Wilmington Regulatory Field Office
Enclosure
Copies Furnished (without enclosure):
Mr. Doug Hugged
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
1638 Mail Service Center
Raleigh, North Carolina 27699-1638
Mr. Jim Gregson, District Manager
Wilmington Regional Office
North Carolina Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
2

r
IV
DEPARTMENT OF THE ARMY -
WILMINGTON DISTRICT, CORPS OF ENGINEERS
OX 1890
WILMINGTON, NORTH 28402.1890
Regulatory DN REFLY REFER TO E/OFCOASTALMANAGO ENT
ivision - ^Dot R/!i EIGN
Action ID. 20ta6D l SS� Applicant:
c.kavw `\e,� 0
Waterway: _ A,T-W U County
: -)C10tioven Type Work:
Mr. Ron Sechler
National Marine Fisheries Commander, Aoww
Service, NOAA Coast Guard, Atlantic Area
Pivers Island 431 Crawford Street
Beaufort,North Carolina 28516 Portsmouth, Virginia 23704
Mr. Ronald J. Mikulak, Chief
Wetlands Section—IV Without enclosures
Water Management Division
U.S. Environmental Protection Agency Mr. Doug Huggett
g y Division of Coastal Management
61 Forsyth Street, SW
NC Dept of Environment and
Atlanta, Georgia 30303
Natural Resources
1638 Mail Service Center
Mr. Garland Pardue, Field Supervisor
Raleigh, North Carolina 27699-1638
Fish and Wildlife Enhancement
U.S. Fish and Wildlife Enhancement
Post Office Box 33726 #vil
Raleigh, North Carolina 27636-3726 Regional Office
n Coastal Management
Commanding Officer NC Department of Enviornment, Health
United States Coast Guard and Natu al R so ices _
Marine Safety Office �'`� �"� ►� K�•
1502 North Front Street
Wilmington, NC 28405
Mr. David Rackley
National Marine Fisheries Service, NOAA
Gentlemen: 219 Forth Johnson Road
Charleston, South Carolina 29412-9110
Pursuant to Action ID No. 198000291, the CAMA-Corps general permit/processing agreement, a
State Field Investigation Report is enclosed. Your comments and/or recommendations would be
appreciated on or before DI -D5-o
Questions or comments may be addressed to the undersigned, available at telephone
[phone].
Sincerely,
Henry Wi ker, Project.Manager
Enclosure Wilmington Regulatory Field Office
1

A71FLIA
NCDENR
North Carolina Department of Environment and Natural Resources DISTn11rT
Division of Coastal Management
Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,ljEftag 9 2002
December 3,2002
MEMORANDUM DEC 13 200t
TO: Mr. Roberto Canales ,Q C0a FiAA�CH AGEMEN7
State Construction/Materials Branch
Division of Highways
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA PERMIT APPLICATION REVIEW
APPLICANT: BEN BARKER, ET AL.
PROJECT LOCATION: MAN-MADE CHANNEL ADJACENT TO 8605 - 8628 BALD
EAGLE LN., IN MIDDLE SOUND, IN NEW HANOVER CO.
PROPOSED PROJECT: AUTHORIZE THE MAINTENANCE DREDGING OF THE
SMALL CHANNEL ADJACENT TO THEIR PROPERTY.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by December 23, 2002. If you have any questions regarding the proposed project, please
contact Doug Huggett at [phone], ext. 244. When appropriate, in-depth comments with
supporting data is requested.
7This
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.
This agency objects to the project for reasons described in the attached comments.
SIGNED , DATEP 19 Z--"
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone]\FAX: [phone]\Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper

1W f,
A7iA- *,EcE .DEC: 1 6 bU
WCDENR 46TALMANAGENIE�Y
North Carolina Department of Environment and Natural Is� �cesp..Fl�`
Division of Coastal Management
Michael F.Easley,Governor Donna D. Moffitt, Director William G. Ross Jr.,Secretary
December 3,2002
MEMORANDUM
TO: Mr. Joseph H. Henderson, Director Ir<I--LCI Vt-L)
State Property Office
Department of Administration "XC 0 3 20
FROM: Doug Huggett State Property Office
Major Permits Processing Coordinator
SUBJECT: CAMA PERMIT APPLICATION REVIEW
APPLICANT: BEN BARKER, ET AL.
PROJECT LOCATION: MAN-MADE CHANNEL ADJACENT TO 8605 - 8628 BALD
EAGLE LN., IN MIDDLE SOUND, IN NEW HANOVER CO.
PROPOSED PROJECT: AUTHORIZE THE MAINTENANCE DREDGING OF THE
SMALL CHANNEL ADJACENT TO THEIR PROPERTY.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by December 23, 2002. If you have any questions regarding the proposed project, please
contact Doug Huggett at [phone], ext. 244. When appropriate, in-depth comments with
supporting data is requested.
REPLY
/ This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project, only if the recommended changes are incorporated.
This agency objects to the project for reasons described in the attached comments.
SIGNED Wr
DATE i 2
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone]\FAX: [phone]\ Internet: http:lldcm2.enr.state.nc.us
An Equal Opportunity 1 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 Donna D. Moffitt, Director William G. Ross Jr., Secretary
November 26, 2002
FIECEIV i­
MEMORANDUM DEC , 7 2l I
D1V.OF COASTAL GANAGO IENT
TO: Ann Hines, LPO
New Hanover County
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Bob Barker, et al
Project Location: 8605-8628 Bald Eagle Lane in Middle Sound, New Hanover County
Proposed Project: Requests permit to authorize the maintenance dredging of the small channel adjacent to
their property
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
December 20, 2002. If you have any questions regarding the proposed project, please contact Ed Brooks at
910-395-3900. When appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are incorporated.
See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED �.�-- �%� — DATE /L/L/GZ_
T
127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845
Phone: [phone]\Fax: [phone]\Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper

NCDENR DEC 4 2002
North Carolina Department of Environment and Natural Resources
Division of Coastal Management I"WATER RE$WRCEB
Michael F. Easley,Governor Donna D. Moffitt, Director William G. Ross Jr.,Secretary
December 3,2002
MEMORANDUM
�ECEr�IE
TO: Mr. John Sutherland, Chief
Water Planning Section � L
Zd02
Division of Water Resources
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA PERMIT APPLICATION REVIEW
APPLICANT: BEN BARKER, ET AL.
PROJECT LOCATION: MAN-MADE CHANNEL ADJACENT TO 8605 - 8628 BALD
EAGLE LN., IN MIDDLE SOUND, IN NEW HANOVER CO.
PROPOSED PROJECT: AUTHORIZE THE MAINTENANCE DREDGING OF THE
SMALL CHANNEL ADJACENT TO THEIR PROPERTY.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by December 23, 2002. If you have any questions regarding the proposed project, please
contact Doug Huggett at [phone], ext. 244. When appropriate, in-depth comments with
supporting data is requested.
REPLY
This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project, only if the recommended changes are incorporated.
This agency objects to the project for reasons described in the attached comments.
SIGNED /a DATE /' ;16 LQ�z-
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone]\FAX: [phone]\ Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper

NCDENR Dj�rVi sc
Ct1Ut
�T
North Carolina Department of Environment and Natwrl M ,
ti�RhAGEM�t
Division of Coastal Management
Michael F. Easley,Governor Donna D. Moffitt, Director William G. Ross Jr.,Secretary
December 3,2002
MEMORANDUM _,
TO: Linda Sewall, Director ,
Division of Environmental Health '
FROM: Doug Huggett iSH
Ot
Major Permits Processing Coordinator `S4*1
ri
SUBJECT: CAMA PERMIT APPLICATION REVIEW '
APPLICANT: BEN BARKER, ET AL.
PROJECT LOCATION: MAN-MADE CHANNEL ADJACENT TO 8605 - 8628 BALD
EAGLE LN., IN MIDDLE SOUND,IN NEW HANOVER CO.
PROPOSED PROJECT: AUTHORIZE THE MAINTENANCE DREDGING OF THE
SMALL CHANNEL ADJACENT TO THEIR PROPERTY.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by December 23, 2002. If you have any questions regarding the proposed project, please
contact Doug Huggett at [phone], ext. 244. When appropriate, in-depth comments with
supporting data is requested.
REPLY
This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project, only if the recommended changes are incorporated.
This agency objects to the project for reasons described in the attached comments.
SIGNED" •C�Z. DATE
(Z/9 to 2
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone]\FAX: [phone]\Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity\Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
November 26, 2002
MEMORANDUM
TO: Ms. Melba Laney
for: Mr. William A. McNeil, Director
Division of Community Assistance
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review DEC zuuz
,1'!OF COASTAL MANAGEMENT
Applicant: Bob Barker, et al r�,r-�riH
Project Location: 8605-8628 Bald Eagle Lane in Middle Sound, New Hanover County
Proposed Project: Requests permit to authorize the maintenance dredging of the small channel adjacent to
their property
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
December 20, 2002. If you have any questions regarding the proposed project, please contact Ed Brooks at Ext.
247 When appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are incorporated.
See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED DATE // Z 7 o v
127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845
Phone: [phone]\Fax: [phone]\Internet: http://dcm2.enr.state.nc.us
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 Donna D. Moffitt, Director William G. Ross Jr., Secretary
November 26, 2002
MEMORANDUM of,,
TO: Mr. Charles F. Stehman, P.G., Ph.D. rWOFCOAS�TALMMA
Division of Water Quality/Groundwater Section
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Bob Barker, et al
Project Location: 8605-8628 Bald Eagle Lane in Middle Sound, New Hanover County
Proposed Project: Requests permit to authorize the maintenance dredging of the small channel adjacent to
their property
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
December 20, 2002. If you have any questions regarding the proposed project, please contact Ed Brooks at Ext.
247 When appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are incorporated.
See attached.
This agency objects to the project for reasons described in the attached comments.
(I SIGNED DATE 2 6 L
127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845
Phone: [phone]\Fax: [phone]\Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper

NCDENR
North Carolin De rtment of•Environment and Natural Resources
Di sion of Coastal Management
Michael F. Easley, Governor } Donna D. Moffitt, Director William G. Ross Jr., Secretary
November 26, 2002
MEMORANDUM
TO: Dan Sams
for: Mr. Charles Gardner, Director DEC 0 6 2002
Division of Land Quality
-tl/.OF COASTAL MANAGEiIEAIT
FROM: Doug Huggett RALEIGH
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Bob Barker, et al
Project Location: 8605-8628 Bald Eagle Lane in Middle Sound, New Hanover County
Proposed Project: Requests permit to authorize the maintenance dredging of the small channel adjacent to
their property
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
December-20, 2002. If you have any questions regarding the proposed project, please contact Ed Brooks at Ext.
247 When appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed_
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are incorporated.
See attached.
Erosion and Sediment Control Plan application and approval is required for this project.
This agency objects to the project for reasons described in the attached comments.
SIGNED DATE 1�0`' Z7 1022
127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845
Phone: [phone]\Fax: [phone]\Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper

s
NCDENR
North Carolina Department of Environment and Natural Resources +.•':
Division of Coastal Management }'
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Sec}*
November 26, 2002
MEMORANDUM
TO: Fritz Rohde �`w
Mr. Preston P. Pate, Jr-, Director
Division of Marine Fisheries
FROM: Doug Huggett
Major Permits processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Bob Barker, et al
Project Location: 8605-8628 Bald Eagle Lane in Middle Sound, New Hanover County '
Proposed Project: Requests permit to authorize the maintenance dredging of the small channel adjace
their property
Please indicate below your agency's position or viewpoint on the proposed project and return this form b
December 20, 2002. If you have any questions regarding the proposed project, please contact Ed Brooks at
247 When appropriate, in-depth continents with supporting data is requested.
IMPLY: 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 incorporal�r
See attached. �p ckrIL ' f M- ` — %_mot s p ,
This agency objects to the project for reasons described in the attached comments.
SIGNED I l DATE ` 2/1-7 1) Z
127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845
Phone: [phone]ax: 910-350-20041 Internet: http://dcrn2.enr.state.nc.us
An Equal Opportunity 1 Affirmative Action Employer-50%Recycled 110%Post ConSUMr Paper
20 •d bo:St 20, z tier ZZTSZZZZSz:xed S­ld3ddd/S0Nd­lEnS dWQ

Y
NCDENR /
North Carolina Department of Environment and Natural Resources
Division of Coastal Management V
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
November 26, 2002
MEMORANDUM
--
TO: Fritz Rohde ,
Mr. Preston P. Pate, Jr., Director
D 4
Division of Marine Fisheries DEC
FROM: Doug Huggett G►�F_�,ABITAT
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Bob Barker, et al
Project Location: 8605-8628 Bald Eagle Lane in Middle Sound, New Hanover County
Proposed Project: Requests permit to authorize the maintenance dredging of the small channel adjacent to
their property
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
December 20, 2002. If you have any questions regarding the proposed project, please contact Ed Brooks at Ext.
247 When appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
/This agency has no comment on the proposed project.
41 This agency approves of the project only if the recommended changes are incorporated.
See attached. P o Jk A?M I I — -s-ee t' t Q ,
This agency objects to the project for reasons described in the attached comments.
SIGNED DATE 2'✓ 1'7/V Z
127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845
Phone: [phone]\Fax: [phone]\Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper

Q��
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
November 26, 2002
MEMORANDUM
TO: Mr. James Rosich, Community Planner
DCM/WiRO
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Bob Barker, et al
Project Location: 8605-8628 Bald Eagle Lane in Middle Sound, New Hanover County
Proposed Project: Requests permit to authorize the maintenance dredging of the small channel adjacent to
their property
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
December 20, 2002. If you have any questions regarding the proposed project, please contact Ed Brooks at Ext.
247 When appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are incorporated.
See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED ATE � o
127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845
Phone: [phone]\Fax: [phone]\Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper

oil
NCDENR DEC 3 W
North Carolina Department of Environment and Natural Resou pUERVATIONOFFICg
Division of Coastal Management
Michael F.Easley,Govemor Donna D. Moffitt, Director William G.Ross Jr.,Secretary
December 3,2002 /V
MEMORANDUM
TO: Ms. Renee Gledhill-Early, Director
Division of Cultural Resources
Archives & History Building
FROM: Doug Huggett f �, I
Major Permits Processing Coordinator
SUBJECT: CAMA PERMIT APPLICATION REVIEW
APPLICANT: BEN BARKER, ET AL.
PROJECT LOCATION: MAN-MADE CHANNEL ADJACENT TO 8605 - 8628 BALD
EAGLE LN., IN MIDDLE SOUND, IN NEW HANOVER CO.
PROPOSED PROJECT: AUTHORIZE THE MAINTENANCE DREDGING OF THE
SMALL CHANNEL ADJACENT TO THEIR PROPERTY.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by December 23, 2002. If you have any questions regarding the proposed project, please
contact Doug Huggett at [phone], ext. 244. When appropriate, in-depth comments with
supporting data is requested.
REPLY
This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project, only if the recommended changes are incorporated.
This agency objects to the project for reasons described in the attached comments.
SIGNED Y�&�ADATE -3
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone]\FAX: [phone]\Internet: hfp://dcm2.enr.state.nc.us
An Equal Opportunity\Affirmative Action Employer—50%Recycled 110%Post Consumer Paper
12/ll (�Z

r_,s i� a f ' '•�
- NCDENR
North rollna Department of Environment and Natural Resources
Division of Coastal Management
Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary
December 3,2002
RECEIVED
MEMORANDUM FEB 2 1 2003
TO: Bennett Wynne DIV.OF COASTAL MANAGEMW
Wildlife Resources Commission RALEIGH
ATTN: Habitat Conservation Program
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA PERMIT APPLICATION REVIEW
APPLICANT: BEN BARKER, ET AL.
PROJECT LOCATION: MAN-MADE CHANNEL ADJACENT TO 8605 - 8628 BALD
EAGLE LN., IN MIDDLE SOUND, IN NEW HANOVER CO.
PROPOSED PROJECT: AUTHORIZE THE MAINTENANCE DREDGING OF THE
SMALL CHANNEL ADJACENT TO THEIR PROPERTY.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by December 23, 2002. If you have any questions regarding the proposed project, please
contact Doug Huggett at [phone], ext. 244. When appropriate, in-depth comments with
supporting data is requested.
REPLY
This agency has no objection to the project as proposed.
/ This agency has no comment on the proposed project.
kl This agency approves of the project, only if the recommended changes are incorporated.
This agency objects to the project for reasons described in the attached comments.
SIGNED � DATE. 5'—Z
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone]\FAX: [phone]\ Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper

r �° a
��

�pF W ATFRQ Michael F. Easley, Governor
\Q G William G. Ross, Jr., Secretary
y North Carolina Department of Environment and Natural Resources
>` r
=1 Alan W. Klimek, P.E., Director
p Division of Water Quality
Wilmington Regional Office
November 15, 2002
Mr. Ben Barker
8620 Bald Eagle Lane
Wilmington, NC 28411
Subject: EXEMPTION
Stormwater Project No. SW8021104
Ben Barker Channel Excavation
New Hanover County
Dear Mr. Barker:
The Wilmington Regional Office received a copy of the CAMA Major Permit
Application for excavation of channel to restore boating access on November 5, 2002. Staff
review of the plans and specifications has determined that the development activities proposed at
this time will not pose a threat to surface water quality from stormwater runoff. The Director has
determined that projects that are reviewed and approved by the Division as not posing a water
quality threat from stormwater runoff should not be subject to the stormwater management
permitting requirements of 15A NCAC 2H.1000. By copy of this letter,we are informing you
that your project will not require a stormwater management permit.
If the subject project disturbs five acres or more and has a point source discharge of
stormwater runoff, then it is also subject to the National Pollutant Discharge Elimination System
(NPDES) stormwater discharge requirements. You are required to have an NPDES permit for
stormwater discharge from projects meeting these criteria. The stormwater rules require the
Division to permit the common plan of development, therefore, any future development on the
property,regardless of whether a CAMA Major permit is also required,will require a Stormwater
Management Permit application and permit issuance from the Division of Water Quality prior to
any construction.
If you have any questions or need additional information concerning this matter please
contact Ms. Linda Lewis at(910) 395-3900.
Sincerely,
Rick Shiver
Water Quality Regional Supervisor
RSS/arl: S:\WQS\STORMWAT\CAMA\021104.Nov
cc: Ed Brooks, DCM
Tony Roberts,New Hanover County Inspections
Beth Wetherill,New Hanover County
Steve Morrison, Land Management Group, Inc.
Wilmington Regional Office
Central Files
At
OENR
N.C.Division of Water Quality 127 Cardinal Drive Extension Wilmington,N.C.28405 [phone] Fax[phone] Customer Service
800-623-7748

5wtq�, Ac.
goat ClAm Ax 2522
'Vd+'m,i ,../boat Vawkna 28402
Yd'. 910-452-0001
9"tY,4tofd .9uite f4
g y 11%4/02 91« Cl Ad
�(Xp!�t n .�loeeioon 3805 Wlsota Wlk.Wmnae
d «emet rddminktm,✓6F8 Z403
Ed Brooks
Division of Coastal Management
127 North Cardinal Drive
Wilmington,N.C. 28405-3845
Re: CAMA Major Development Permit Application, Ben Barker et al, New Hanover
County
Dear Ed,
I have enclosed a copy of the application materials for the proposed channel excavation
work on behalf of Mr. Ben Barker and the five other co-applicants. As discussed, I had
spoken with Bob Stroud and Doug Huggett regarding this activity and they agreed that
the preparation of an Environmental Assessment (EA) was not required for this project.
The excavation work plan was finalized following our recent meeting at your office and
reflects the 10' minimum distance to marsh areas and the elimination of side pockets at
piers to enhance tidal flushing.
Copies of this package have been sent by certified mail to the adjacent riparian
landowners and the "green card" delivery receipts will be forwarded to you as soon as
possible. Please contact me with any questions that you may have or to arrange a site
visit. Thank you for your assistance.
Sincerely, !mJ � !� (
i
N a Fu - 4 2002
Steve Morrison C`' Y [DIVISION OF
a�T�,L MANAGEMENT
Consultant
Encl: Application materials, deed copies, $475 application fee check
Cc: Ben Barker

�j jWC.
At C)FM Ax 2522
Vdminy&n,✓lrwA Vatdma 28402
,�Iel 910-452-0001
Ai&;f4
,g 11/11/02 g) Aa---4 p)'P-g-k
�X!.�eteJ/�n✓�ouiaon 3805%�pletb„i.!!e,Wwm e
'Vdmingtm,✓Y`8 28403
Ed Brooks
Division of Coastal Management
127 North Cardinal Drive
Wilmington,N.C. 28405-3845
Re: CAMA application, Ben Barker et al, "green cards"
Dear Ed,
I have enclosed the required Certified Mail Return Receipt cards from the riparian
notification for the application submitted on behalf of Ben Barker et al. Please contact me
with any questions that you may have regarding the application. Thank you for your
assistance.
Sincerely,
�
Steve Morrison �^ of
Environmental Consultant .' ;4 Z) ,`"A
e.
Encl: "Green cards"
Cc: Ben Barker

Development Type FEE DCM% DWQ
(143DD 1601 4351D0093 1625 6253) r24300 1602435100095 2341)
I. Private,noncommercial
development that does not involve
the filling or excavation of any S250 100%(S250)
Dio(SO)
wetlands or open water areas:
11. Public or commercial development
that does not involve the filling or
excavation of any wetlands or open 540D 100%(5400)
0%(SD)
water areas:
Ill. 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
Certification No.33D1(see attached) S250 100%(S250)
can be applied: 0%(SO)
111(B): For public or commercial
development,if General water Quality
Certification No.3301(see attached) S400 100%(S400)
Dio(SO)
can be applied:
111(C). If General Water Quality
Certification No.33D1(see attached)
could be applied,but DCM staff
determined that additional review and $400 60%(5240)
written DWQ conctmence is needed 40%($160)
because of concerns related to water
quality or aouati::life:
III(D). If General Water Quality
Certification No.3301(see attached) 5400 60%(S240)
can not.be applied: 40%,(S160)
IV. For development that involves s
the filling and/or excavation of mor
than one acre of wetlands and/or S475 60%(S2t35)
40io(SigO)
open water areas:
�jC apt�0
Q

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
November 26, 2002
FAX: [phone]
2 Pages
Star News
Diane Blake
Legal Advertisement Section
Post Office Box 840
Wilmington, North Carolina 28402
Re: Public Notice - Bob Barker-Bald Eagle Lane Project.
Dear Ms. Blake:
Please publish the attached Notice in the Friday, November 29, 2002, issue.
The State Office of Budget and Management requires an original Affidavit of Publication prior to payment
for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original
invoice to Chris Pope, Division of Coastal Management, 1638 Mail Service Center, Raleigh, North Carolina
27699-1638. The phone number is 919-733-2293. Please send a copy of the affidavit only to Coastal
Management, 127 Cardinal Drive Extension, Wilmington, NC 28405,
910-395-3900.
Thank you for your assistance in this matter. If you should have any questions, please contact me at our
Wilmington office.
Sincerely,
Diana B. Nash
Coastal Management Secretary
Enclosure
cc: Doug Huggett
Chris Pope
File Copy
127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845
Phone: [phone]\Fax: [phone]\Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper

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 November 13, 2002.
According to said application, Bob Barker, et al 8605-8628 Bald Eagle Lane in Middle
Sound in New Hanover County requests a permit to authorize the maintenance dredging of the
small channel adjacent to their property.
A copy of the entire application may be examined or copied at the office of
Environment and Natural Resources, 127 Cardinal Drive Extension, Wilmington, North
Carolina 28405, (910/395-3900) during normal business hours.
Comments mailed to Donna D. Moffitt, Director, Division of Coastal Management,
1638 Mail Service Center, Raleigh, N. C., 27699-1638, prior to December 20, 2002, 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.

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
November 26, 2002
Barker, Holmes, Daniel, Sherrill, Miller, and Griffith
C/O Ben Barker
8624 Bald Eagle Lane
Wilmington, NC 28411
Dear Mr. Barker:
The Division of Coastal Management hereby acknowledges receipt of your group's application for State
approval for development of property located adjacent to Middle Sound, off Bald Eagle Lane, in Wilmington,NC. It
was received complete on 11/4/02, and appears to be adequate for processing at this time. The projected deadline for
making a decision is 1/18/03. An additional 75-day review period is provided by law when such time is necessary to
complete the review. If you have not been notified of a final action by the initial deadline stated above, you should
consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended
review. However, an additional letter will be provided on or about the 75th day.
NCGS 113A-119(b)requires that Notice of an application be posted at the location of the proposed
development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of
your proposed development. You should post this notice at a conspicuous point along your property where it can be
observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the
road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead
one into your property. Failure to post this notice could result in an incomplete application.
A field report has been prepared and is in the process of being circulated to the various state and federal
review agencies for their comments. If additional information is required based on this review, the agencies may
contact you directly.
Sincerel ,
E.F. Brooks
Field Representative
cc: Doug Huggett, DCM
Bob Stroud, DCM
Ann Hines, LPO
Steve Morrison,Agent
Henry Wicker, COE
127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845
Phone: [phone]\Fax: [phone]\ Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper

SECTIONDELIVERY
SENDER: COMPLETE THIS SECTION COMPLETE THIS
■ Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly) B. Date of Delivery
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse Si ture ��s that can return the card to you. c sic C� ❑Agent
■ Attach this card to the back of the mailpiece, ❑Addressee
or on the front if space permits. ❑Yes
D. Is deliveN address different from item 1?
1. Article Addressed to: If ' ery address below: ❑ No
c�5r7 4uzaAs 14ne,
Certified IVfail' ❑ Express Mail
Ncmps� n [IRegistered ❑ Return Receipt for Merchandi:
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Nu er Cop from service label) 5'�O
PS Form 3811,July 1999 Domestic Return Receipt 102595 00 M 0952

SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
• ■ Complete items 1,2,and 3.Also Complete A. Received by(Please Print Clearly) B. D to of eliv
item 4 if Restricted Delivery is desired. ,e 1� 3N%. S
■ Print your name and address on the reverse
so that we can return the card to you. C. Signatur
■ Attach this card to the back of the mailpiece, X � ❑
or on the front if space permits. Addressee
D. Is delivery addres i nt from item 1? ❑❑Yes
1. Article P'ddressed to: If YES,enter delivery ddress below: o
H. C.I a`f -Jbnes
lid Lzil lie
2B qI I 3. ervice Type
`11 I 'v1 Certified Mail ❑ Express Mail
Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Nu ber(Copy from service label)
70q 3220 0002 gf! g _7Za2_
PS Form 3811,July 1999 Domestic Return Receipt 102595-00-M-0952
v " �� 1IV
N01V 13 2002
DIVISION OF
V T :j- �.'!ANAGEMF1.r-r
SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
■ Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly) B. Date of Delivery
item 4 if Restricted Delivery is desired. P �� 3
■ Print,your name and address on the reverse
so that we can return the card to you. C. Signature
■ Attach this card to the back of the mailpiece, X t� ©Agent
or on the front if space permits. IG L ❑Addressee
D. Is de ivery address different from item 1? ❑Yes
1. Article Addressed to: If YES,enter delivery address below: ❑ No
7�rnes � ��r✓
3ic� NI, Renolda C��cle
U ti I�1 ) 28 qD3 3. Service Type
Certified Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number(Copy from service label)
_704g 32-2-0 OOc)2- SWR 721q
PS Form 3811,July 1999 Domestic Return Receipt 102595-00-M-0952

OVERALL SUMMARY RATING
(To determine Zsjoneral ummary Rating: (1) transfer the ratings (O, VG, BG, U)for each Key Responsibility
and Dime t the chart below; (2) record the appropriate Com ined KRR Rating and Combined
Dimension Rating; d(3) use these two combined ratings to dete mine the Overall Summary Rating.
Additional instructions c be found in the Performance Manage ent notebooks received in the mandatory
Managing Quality Performance raining.)
KR Ratings Dimensi Rating
#1 Dimens' n#1
42 Dime on#2
KR 3 Di nsion#3
KR# Di ension#4
KR#5 D' ension#5
KR#6 imension#6
KR#7 'mension#7
KR#8 Di nsion#8
KR#9 Dim ion#9
KR#10 Dimen #10
Combined KR Rating Combine ension Rating
v
Overall Summary Rating
Outstanding Performance
Very Good Performance
Good Performance
Below Good Performance
Unsatisfactory Performance

v o
FOR REGISTRATION REGISTER OF DEEDS
NEWBHgNOVER COUNT TY IANC
2002 OCT 15 04:25:24 PM
B0475 PG:606-608 FEE417.00
Excise Tax$ �,�{00 d o NC REVENUE STAMP41,400.00
Parcel No. R0380E5— 0D5-008—oc�o INSTRUMENT 4 2002051911
After recording mail to: JERRY D.HOLMES,JR.AND JEANNE K.HOLMS
This instrument was prepared by:CONSTANCE R.COVINGTON
7032 WRIGHTSVILLE AVE.SUITE 101
WILMINGTON,NC 28403
No title search was requested or prepared in the preparation of this instrument.
Brief description for LOT 43 SECTION B SURVEY BY J.A.
Index LOUGHLIN,C.E.
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED made this the 1 (kh day of SEPTEMBER 2002,by and between
GRANTOR GRANTEE
N.W.ALLEN JERRY D.HOLMES,JR.
also known as and wife,
NOAH W.ALLEN,SR. JEANNE K.HOLMES
and wife, Z S Id 6J(e 4a.�
FANNIE RAE ALLEN
The designation Grantor and Grantee as used herein shall include said parties,their heirs,
successors,and assigns,and shall include singular,plural,masculine,feminine or neuter as
required by context.
WITNESSETH
The Grantor,for a valuable consideration paid by the Grantee,the receipt of which is
hereby acknowledged,has and by these presents does grant,bargain,sell and convey unto the
Grantee in fee simple, all that certain lot or parcel of land situated in the County of New
Hanover,State of North Carolina,and more particularly described as follows: \\'i
V �t
BEING all of Lot 43 in Section B,according to the survey prepared by
J.A.Loughlin,C.E.,in August 1949,and recorded in the Office of the
Register of Deeds of New Hanover County,in Map Book 5 at Page 23,
reference to which is hereby made for a more complete description.
"171
V
ALSO such title and interest as the parties of the first part have to that
portion of land and water lying between the lot heretofore referred to and the CO ASS t r- '1d1 F�t°J Fib
Inland Waterway within the line extending their property lines as shown on

map referred to,running at a right angle of the road across the land,
water,etc.,to the edge of the Waterway.
The property hereinabove described was acquired by Grantor by instrument recorded in
Deed Book 712 Page 596, New Hanover County Registry,North Carolina.
A plat showing the above described property is recorded in Map Book 5,Page 23, New
Hanover County Registry,North Carolina.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and
appurtenances thereto belonging to the Grantee in fee simple.
And the Grantor covenants with the Grantee,that Grantor is seized of the premises in fee
simple,has the right to convey the same in fee simple,that title is marketable and free and clear
of all encumbrances,and that Grantor will warrant and defend the title against the lawful claims
of all persons whomsoever except for the exceptions hereinafter stated.
Title to the property hereinabove described is subject to the following exceptions:
a. Restrictive covenants of record,if any;
b. Easements for utility services of record;
c. Zoning and/or Subdivision ordinances and regulations;
d. 2002 Ad Valorem taxes for New Hanover County.
IN WITNESS WHEREOF,the Grantor has hereunto set his hand and seal,or if corporate
has caused this instrument to be signed in its corporate name by its duly authorized fficers by
authority of its Board of Directors,the day and year first above written.
' (SEAL)
N.�W.�ALLEN
(SEAL)
FANNIE RAE ALLEN �C
STATE OF NO r+h pro(i ra
COUNTY OF (�eVJ Hanover
1, Dorms by T M�ner,a Notary Public of the County and State aforesaid,certify that
N.W.ALLEN AND WIFE,FANNIE RAE ALLEN, personally appeared before me this day
and acknowledged the due execution of the foregoing instrument.
WITNESS my hand and official seal or stamp,this kh day of SEPTEMBER,2002.
Notary
as os Y 1. �,y
•.,
My commission expires: ;��
boo �,.. ..,,..,F�, �'• 'k �>i `•� 1°°,
BLS
uo
COp,STA� M

wlOn na "4
-03 YERIRED
t:.-? S-E DOTS y
TER U DEEDS P'
c_ tr •. 'a A HOVER CO.NC
195 An 13 f" l :8
sa•f cYTM
KiA Real Estate
Excise Tau
D.i.e he %0 Oo Rt-dine T me-Hoot ana PW
Tax[.ot No. Parcel Ide.ti14er No_
Vented by Coanty oe the day of _i
by
Maul after recording to Armand T_ Daniel and Phyllis B. Daniel
8624 Bald Eagle Lane, Wilmington, W 28405
T rC+ Daniel D_ Mahn, Attorney at Law
Thin instrument as prepared by
Brief descriptwn f[rr the Index
Sec- H Porter's Neck Plan Lion
NORTH CAROLING GENERAL WARRANTY DEED
THIS DEED made this 12th day of April •19 95 .by and betceets
GRANTOR GRAN-TEE
AVDREk C. CAMMEN, SR_ and wife, A[dp241 T_ DWEL and (rife,
DARLENE C. CASIEEN PHYLLIS B. DiANIEL
?tailing address:
5521 Scotch meadows Drive
Iauringburg, NC 28352
E.tcr w srrrMrnre bb-h I-each prtl: yprwri J..,aaracter.0 a Mity.y r V—.1i.l.w pet. b*
The designation Grantor and Grantee as used herein shall include said parties,their heirs,successors,and assigns,and
shall include singular, plural, masculine, feminine or neuter as required be context.
WITNESSETH. that the Grantor, for a valuable consideration paid be the Grantee, the receipt of chich is hereby
acknosledged, has and b� these presents does grant, bargain. sell and convey unto tht Grantee in fee simple, all that
iertain 'ot or parcel of land situated in the City of Harnett Toenstfip.
few Hanover County,North Carolina and mire particularly described as follows:
ALL of Lot 42 in Section B of the Subdivision of Porter's Near
Plantation as shown on the map thereof recorded in Nap Book 5 at Page 23
of the New Hanover County, N.C., Registry; together with all title and
interest of the Grantor in the land, water and marsh lying between the
above described lot and the western right of way litre of the
U-S. Intracoastal Waterway as shown on said map and between the northern
and southern boundary lines of said Lot 42 ext4-+Aed eastwardly their
present courses shown an the said trap to their intersection with the
western right of way line of the U.S. Intracoastal Waterway as shown on
said map.
%
I
.t,r
! 1W t•-• 1 rem gn.w
O!V� ;[ 19" .._...w_...r•C. !• )r.»�•.t.)nvf W Y �1
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COASTAL
368912
mop ® .®

�oa11872 e� 495
The property-herein- we described was acquired by Gtaator by instrument recorded in Bodt 1661 at Page 1190 ...
in the %ew Hanover Cotmty Registry.
A map showing the above described property is recorded in Plat Book 5 page 23
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appartaeaaees Hereto beloepeB to
the Grantee in fee simple_
And the Grantor covenants with the Grantee.that Grantor is seized of the premises in fee simple has the rigkt to convey
the came in fee simple that tide is marketable and free and clear of all encumbrances.and that Grantor will warrant and
defend the title against the lawful claims of all persons wbooesoever except for the eaceptiw hereinafter stated.
Title w the property hereinaboce described is subject to the following exceptions:
Restrictions. zoning and land use ordinances, easements and
rights of ways of record.
Lx wr"Vr wwQaos. a Gt w \., bee.wete we t.a .ubd sad w.L ae r cw,waor_a.,oee.d tb.a aave�s bb r bjpbd b a
c,.aoral.aa,se y.a d.tr a�b—twd•truer,aw rn seat to be nrl...ee zdba by y w d,Wti w ntewto...ta.war ae sv na.e
,.....,. -- c � -
--- -------------- - ---------txa�r
tceewar.xbwe) = Andrew C. Canteen, Sr.
My------------------------------------------------------------ ------
--..-...-er.eNc.e = Darlene C. Casteen
X
.................._....--- ------------------------- C
3
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.t` at1 L 10 - - csa.ay
� .r` tr ••.,f��t`�i nonce uaouxa. -----------------cwry.
-9: Andrew C. Caste®, Sr.
_: •T;{7 y L a SM4 Mawar the Ce y ar state ar-eaK — —eeriny tame _... .......... ...-.....___ _-.-'_--
and Darlene C Casteen
: -------------------- --------•--•-------•-----------Gtara.
r�h4
•.:�''UBL�C.:2Z =aeisewaaT ass••l.+W.-t.e chic day a.d-k—k L.d u.e.ee.tia.r the r.rre.t•L r..bo..L waaea tq
L may•-, ��� $ tow awd.r(tetat a—* ear W._12t21 day w --•---------- --------------is 95.
,,�
y1gH H �ratlTT rbe�abJwe.Hr•r: � F!-l`75__... -_fJS4i;a.alav�:_I Shl!nt rt.Wy Pank
stwt�sTwsv xoffm CA1oLeva_----------------------------------C...ty. v
L b K.tary Fabtrc of the Gandy and slats uw—hL c.lttfy tact ----_--
s Pec,.watty car ►ef•e. aw t\a dal b•d a<aw.w.rderd pW....4e b------------- -_.-_.___ae'q'otarl oL
s ____________________ ---------.......a\.n►Car+lrwa rwyeraLLq a.A plat by sai\s.rly Apr
Lena bad b,the act•t We cer"n9bw pw(eeeptsr hbmmmeet wad,re\ed h a,.,,..y tts..............
Pce+.dr4,rated w.h i cwvw seat aw btlW.d by_.---------u 6___________________________xoel.taey.
wuae:s wr t.a•d bad.Md 4,taw►K,rot•OY-------day.r...........................Is________
yeyc.waWMw ea►tras_______________________________ ----------------------------------------N.tary Pate[
It�a�
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------------- aS�zANry�....4,_f�Qcs�is.�dr .fe51�YRy._�rr,dtc-------------
------- --- -- --------------------- --- - --------. .-------•---------....-------------------------------------
n arc crrtr(rN to be—L Tb,t.,tr.arat ad lab crrtrrkate are dsly rttbteted"the dale aw to-mad u the a..\zed Fare bbeww w ta.
- Sue Wits Opts New -r
nactsTsn or o®s con. - Hanovp .
--
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• BOOK PAGE RECORDS-, ry.- - :� 'ED
1737 0 3 5 0 NE;jiANOVER C9.NC.
STATE OF NORTH CAROLINA -94 AN 7 PM 3 31
COUNTY OF NSW` HANOVER
REVENUE STAMPS: $720.00 GENERAL WARRANTY DEED
Tax Map k 3805-005-011-000
Mail After Recording To: JOHN W. SHERRILL
DRAWN HYa CALDER A CALDER, 611 Princess Street, Wilmington, NC
Brief Description: 40 PORTERS NECK B
This deed, made and entered into this the �� day o�f ,
yGy
1994, by and between RAN ALLBH BRAD.SSaIf, 0
the GRANTOR herein; and, JOHN N. SHERRILL and wife, DEBORAH H.
SHERRILL, the GRANTER herein.
1*W=d to:FaWCWdff d CS* W I T N E a S S E T H
That the Grantor, for and in the consideration of the sum of
One Dollar and other valuable consideration, the receipt of which
is hereby acknowledged, has and by these presents, does grant,
bargain, sell and convey unto the Grantees in fee simple, that real
estate located in the County of NEW HANOVER, State of NORTH
CAROLINA, more particularly described as follows:
All of Lot 40 in Porters Neck Plantation Subdivision,
Section B, as the same is shown on map recorded in Map /r _
Book 5 at Page 23 in the New Hanover County Registry,
together with all of the right, title and interest of the
U JIIN/"I V
1� Grantors in that land and water adjoining said lot on the
OW southeast and extending to the right of way of the
Intra-Coastal Waterway between an extension of the NOV _ /, 2002
northern and southern lines of said lot, and being the ?
same lands described in deed recorded in Book 1120 Page
168 and in deed from C. McD. Davis recorded in Book 752 DIVIS O N OF
Page 130, both in said Registry. COASTAL MANAGEMENT
MEND
To have and to hold the aforesaid lot or parcel, together with
all privileges and appurtenances thereto, heretofore belonging to
the Grantee in fee simple.
The Grantor covenants with the Grantee that Grantor is seized
of the premises in fee simple, has the right to convey the same in
fee simple, that the title is marketable and free and clear of all
encumbrances, and that Grantor will warrant and defend the title
against the lawful claims of all persons whomsoever except for the
exceptions hereinafter stated. Title to the property hereinabove
described is subject to the following exceptions: The provisions
of all applicable zoning and land use ordinances, statutes and
regulations; 1994 ad valorem taxes; and all applicable restrictive
covenants and utility easements of record.
In witness whereof, the Grantor(s) have hereunto set their
hands and seals this the day and year first above written.
UEU NwNnueR 170 05-0'-":
$720. 00
t� 6-C4". a-d— ow- (SEAL) STATE OF
ALLEN BRADSHAW ��IOp()UNA Real Estate
��+���►// Excise Tax
313450

BOOK PAGE
1737 0351
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I SfWF� a Notary
Public of the County and State aforesaid, certify that RAE ALLEN
BBADSHAN personally appeared before me this day and acknowledged
the execution of the foregoing instrument.
'Witness, hand and official stamp or seal, this the 7�
d 8f I lams-G ,� 1994.
i�E S RXFC
'-` 'b•'8�,� NotAry Public
� v� t, My Commission Expires:
t, (� ..
The foregoing Certificate0) of
is/are certified to be correct. This instrument and this
certificate are duly registered at the date and time and in the
Book and Page shown on the first page hereof.
MARY SUE OOTS, REGISITER OF DEEDS FOR NEW HANOVER COUNTY
BY
Deput / -Register of Deeds
0
OZ
WSJ
DI�ISI�N OF
T