144-03 MM Amended 06/2005

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Permit Class Lv Permit Number
MODIFICATION/MAJOR 144-03
STATE OF NORTH CAROLINA
AMENDED Department of Environment and Natural Resources
¢ and
Coastal Resources Commission 1
'Vermtt copy
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Jerry Cook PO Box 31063, Raleigh, NC 27622
Authorizing development in Carteret County at Bogue Sound, off of Coast Guard Road,
Town of Emerald Isle , as requested in the permittee's application dated 5/17/04 (MP-1. MP-4) and
10/6/04 (MP-3), including attached workplan drawing (1), dated revised 5/12/05
This permit, issued on June 2. 2005 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
NOTE: This amended permit authorizes a different access pier alignment from the originally
authorized alignment, all as depicted in the workplan drawing dated revised 5/12/05.
t This amended major modification replaces the major modification that was issued on
3/2/05.
Community Docking Facility
I This permit authorizes only the docks, piers, and other structures and uses located in or over the water '
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that are expressly and specifically set forth in the permit application. No other structure, whether
floating or stationary, shall become a permanent part of this community docking facility without permit
modification. No non-water dependent uses of structures shall be conducted on, in or over public trust
waters without permit modification.
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
f continuance as the case may be.
This permit must be accessible on-site to Department
personnel when the project is inspected for compliance.
Charles . Jones, Director
Any maintenance work or project modification not covered Division of Coastal Management
r hereunder requires further Division approval.
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 Permittee

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Jerry Cook Permit#144-03
Page 2 of 4
ADDITIONAL CONDITIONS
2) No sew2i+ e, '+ether-treated or untreated, shall be discharged at any time from any boats using the
community docking facility. Any sewage discharge at the community docking facility shall be
considered a violation of this permit for which the permittee is responsible. This prohibition shall be
applied and enforced throughout the entire existence of the permitted structure.
3) The permittee is advised that the Division of Coastal Management does not accept the riparian corridor
boundary line shown on the attached workplan drawing. However, the Division of Coastal Management..
has determined that the proposed pier alignment is consistent with 15A NCAC 07H.0208(b)(6)(L), '
which states that when shoreline configuration is such that a perpendicular alignment cannot be
achieved, the pier shall be aligned to meet the intent of this Rule to the maximum extent practicable.
4) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable
waters at or adjacent to the authorized work.
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5) The authorized structtre and associated activity shall not cause an unacceptable interference with
navigation.
6) The permittee shall maintain the authorized work in good condition and in conformance with the terms
and conditions of this permit. The permittee is not relieved of this requirement if he abandons the
permitted activity without having it transferred to a third party.
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7) .Any portion of the permitted access pier built over coastal wetlands shall not exceed six feet in width r
and shall be elevated a minimum of three feet over the wetland substrate as measured from the bottom of
the decking.
8) This permit does not authorize the interference with any existing or proposed Federal project, and the
permittee shall not be entitled to compensation for damage to the authorized stricture or work, or injury
which may be caused from existing or future operations undertaken by the United States in the public
interest. f
9) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. �
Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent
reflectors shall be attached to the stricture in order to make it more visible during hours of darkness or
inclement weather.
10) This permit authorizes a maximum of ten boat slips.
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NOTE: Any proposal to add one or more additional boat slips to the authorized 10 slip facility, or to any
waterfront lots within the subdivision, will require that the docking facility be classified as a
marina, and will therefore require a review under the N.C. Environmental Policy Act (NCEPA).
1 1) to accordance with commitments made by the permittee, deed restrictions shall be placed on waterfront
lots that prohibit individual slips and piers originating from these lots. These deed restrictions shall be
properly registered with the Carteret County Register of Deeds for each of the waterfront lots prior to
the initiation of any development activities authorized by this permit.

v ,
Jerry Cook Permit #144-03
Page 3 of 4
ADDITIONAL CONDITIONS
General
12) 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 shall 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.
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13) In order to be consistent with the coastal shoreline buffer requirements, which requires that most non-
Y water dependent activities not be located within 30 feet of the normal high water level, the proposed
gazebo is not authorized by this permit.
14) No vegetated wetlands, marsh grass or open water areas shall be excavated or filled, even temporarily.
f 15) The construction and/or operation of the authorized facilities shall not directly result in any closure of
any waters that are open to the taking of shellfish. Any such closure directly attributable to the marina
facility shall require that the permittee undertake remedial actions to remedy the situation. Such actions
may include, but are not limited to, a removal of any unauthorized slips or mitigative measures to reduce
or eliminate the cause(s) of the closure.
10) It is possible that the authorized structure may be damaged by wave wash from passing vessels. The
issuance of this permit does not relieve the permittee from taking all proper steps to ensure the integrity
of the permitted structure and the safety of moored boats. The permittee shall not hold the United States
liable for any such damage.
17) The Federal Government does not assume any liability for:
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A. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted
activities or natural causes.
B. Damages to the permitted project or uses thereof as a result of current or future Federal activities
initiated on the public's behalf.
C. Damages to other permitted or unpermitted activities or structures caused by the authorized
activity.
D. Design and construction deficiencies associated with the permitted work.
E. Damage claims associated with any future modification, suspension, or revocation of this permit.
18) The permittee and/or his contractor shall meet on-site with a representative of the Division prior to
initiation of any activities authorized by this permit.
§ 19) This. amended major modification shall be attached to the original of Permit No. 144-03, which was
s issued on 10/31/03, and copies of both permits shall be readily available on site when a Division
representative inspects the project for compliance.

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`Miii40MY7+fON i
Jerry Cook Permit #144-03
Page 4 of 4
ADDITIONAL CONDITIONS
20) All stipulations and conditions of the original permit remain in force under this major modification
unless specifically altered herein.
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21) The federally endangered West Indian manatee (Trichechus manatus), has been reported in North
Carolina waters. In order to protect the manatee, all work should be done between November 1 and
May 31. If work must be done outside of this time frame, the permittee shall adhere to enclosed
guidelines, entitled "Precautions for General Construction in Areas Which May Be Used by the West
Indian Manatee in,North Carolina".
22) The permittee shall utilize all appropriate measures (ie. Construction mats) to ensure that permanent':
impacts (compaction, creation of ruts, etc.) to coastal wetlands do not occur as a result of construction of
the pier.
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NOTE: This permit does not convey any rights, either in real estate or material.
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.
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NOTE: The permittee and/or his contractor is urged to meet with a representative of the Division prior to
project initiation. F
a
Y NOTE: The deed submitted with the permit application indicates that the property lines extend below the
mean high water line. The ermittee is advised that the State of North Carolina claims title to all
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lands falling waterward of the mean high water line.
NOTE: The N.C. Division of Water Quality has assigned the proposed project DWQ Project No.
041732.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No.
200500306.
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I

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
June 3, 2005
Mr. Jerry Cook
P.O.Box 31063
Raleigh,NC 27622
Dear Mr. Cook:
The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the
State Dredge and Fill Law, for you to proceed with your project proposal. Please sign both the original (buff-
colored form) and the copy. Return the copy to this office in the enclosed envelope. Signing the permit and
proceeding means you have waived your right of appeal described below. Please retain the original(buff-colored
form),as it must be available on site when the project is inspected for compliance.
If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-
121.1 or 113-229.Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office
of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, [phone] within twenty
(20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid
objection to the issuance of this permit within twenty(20)days,the matter must be resolved prior to work initiation.
The Coastal Resources Commission makes the final decision on any appeal.
The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be
carried out in accordance with your application. Modifications, time extensions, and future maintenance require
additional approval. Please read your permit carefully prior to starting work and review all project plans, as
approved. If you are having the work done by a contractor, it is to your benefit to be sure that he fully understands
all permit requirements.
From time to time,Department personnel will visit the project site.To facilitate this review,we request that
you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise
concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel
at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally
important coastal resources.
Sincerely,
R^2& 1/0
Douglas V. Huggett
Major Permits and Consistency Manager
Enclosure
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone] FAX: [phone] Internet: hfp://dcm2.enr.state.nc.us
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

Permit# iN
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C ChiDCM Coordinator copy P�MAILING DISTRIBUJION:
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DC:M Field Offices:Elizabeth City �%" y
Morehead City
Washington
Wilmington
US Army Corps of Engineers(USACE):
Washington: Mike Bell(NCDOT)
Bill Biddlecome(NCDOT)
Raleigh Bland
Wilmington: Dave Timpy(NCDOT (s p Cam+ �� 3�trr (�-jti�j qT
Henry Wicker cy�
Others: a-r 7 S Z ' Z 6 7 Z 7 0'
Cultural Resources: Rcnee Gledhill-�1
1'siavironntental Health: Teary Piere �' a m`' �1 7
Marine Fisheries: Mike Street✓
NCDOT: Ken Pace✓/
Shellfish Sanitation: Patty Fo%v ea/ /
State Property Office: Joseph Henderso4r'
Water Quality: Cyndi Karoly(for non-DO
John Hennessy(NCDOT
Water Resources: John Sutherlano// s v Se n J C clrly h�.5 j 6 ,Wal
Wildlife Resources: Maria Tripp,.,,,'
Bennett Wynne
David Cox(NCDOT)
Travis Wilson(NCDOT)
LPO: ---
FAXING DISTRIBUTION:
ermitec at ___`�______----------
Agent
DC.M Field Offices:
Elizabeth City(252/264-3723)
Morehead City(252/247-3330)
Washington(252/948-0478)
Wilmington(910/350-2004)
US Army Corps of Engineers(USACE):
Washington: Mike Bell(NCDOT) >> ►
Bill Biddlecome(NCDOT)
Raleigh Bland(252/975-1399)
Wilmington: Dave Timpy(NCDOT)
Henry Wicker(910/251-4025)
Page 70 of 70
CAMA Major Permit Process Manual

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-189
IN REPLY REFER TO Y ,
Jul 19 2005 a
19 Frt '
Regulatory Division
JUL 2 1 2005
Action ID No. 200500306 and State Permit No. 144-03 Morehead City IDCM
Jerry Cook
Post Office Box 31063
Raleigh,North Carolina 27622
Dear Mr. Cook:
Please reference your request to modify your permit issued on June 2, 2005, which
authorized the construction of a pier, high ground gazebo, and floating dock with 10 slips, 5
associated finger piers and 13 tie up pilings, located adjacent to Bogue Sound, near the
intersection of Coast Guard and Old Coast Guard Roads, in Emerald Isle, Carteret County,North
Carolina. The modification request consists of a different access pier alignment from the
original authorized alignment (see enclosed CAMA Permit modification dated June 2, 2005).
The proposal continues to be consistent with the provisions and objectives of general
permit No. 198000291. The permit is hereby modified. It is understood that all other conditions
of your permit remain applicable.
If you have any questions or comments you may call me at [phone].
Sincerely,
Henry Wicker
Project Manager
Wilmington Regulatory Field Office

Enclosure
Copies Furnished (without enclosure):
Chief, Source Data Unit
NOAA/National Ocean Survey
ATTN: Sharon Tear N/CS261
1315 East-West Hwy., Rm. 7316
Silver Spring, MD 20910-3282
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of
Environment and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557-3421
Ms. Tere Barrett, District Manager
Morehead City Regional Office
North Carolina Division of
Coastal Management
400 Commerce Avenue
Morehead City,North Carolina 28557
2

N ti
q DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT,CORPS OF ENGINEERS
_ P.O.BOX 1890
WILMINGTON.NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF:
June 2, 2005
Regulatory Division
Action ID No. 200500306 and State Permit No. 144-03JUN
Mr. Jerry Cook MOI'
Post Office Box 31063
Raleigh,North Carolina 27622
Dear Mr. Cook:
Reference your application for a Department of the Army permit to construct a pier, high
ground gazebo, and floating dock with 10 slips, 5 associated finger piers and 13 tie up pilings, to
be located adjacent to Bogue Sound,near the intersection of Coast Guard and Old Coast Guard
Roads, in Emerald Isle, Carteret County,North Carolina.
Your proposal has been reviewed and found to be consistent with the provisions and
objectives of general permit No. 198000291. Therefore, you may commence construction
activity in strict accordance with applicable State authorization and the approved plan (enclosed).
Failure to comply with the State authorization or conditions of the general permit could result in
civil and/or administrative penalties.
If any change in your work is required because of unforeseen or altered conditions or for
any other reason,plans revised to show the change must be sent promptly to this office and the
North Carolina Division of Coastal Management prior to performing any such change or
alteration. Such action is necessary as revised plans must be reviewed and the authorization
modified.
Questions or comments may be addressed to me at the Wilmington Field Office,
Regulatory Division, telephone [phone].
Sincerely,
VV
Henry icker
Regulatory Project Manager

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

Probst
Land Surveying, P.A.
501 W.B. McLean Blvd.
Cape Carteret, NC 28584
[phone]
May 20, 2005 FAX [phone]
Mr. Douglas V. Huggett A—
North Carolina Department of
Environment and Natural Resources
Division of Coastal Management LO
400 Commerce Avenue
Morehead City,North Carolina 28557 C/"
Re: West End Major permit 144-03 refinement
Dear Mr. Huggett:
Per our phone conversation late yesterday,by this letter I am, as agent for Jerry
Cook requesting a refinement to the West End Major Permit 144-03. The refinement is
regarding a small realignment of the fist portion of the 6' wood walk as it leaves Lot I
across the marsh. This proposed realignment is in an effort to settle the appeal filed by
Attorney Barrett Graham on behalf of the Casey Trust. I understand that with this
realignment that the appeal will be dropped. Mr. Graham will be contacting you or you
are welcome to call him at 252-726-7223.
If you have questions or need further assistance with this matter please call me.
Sincerely;
Jo n . Odom, P.L.S.