144-03 MM 03/2005

Permit Class Permit Number
MODIFICATION/MAJOR 144-03
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
COPY
y �
for _
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118 ip 9 2005
Excavation and/or filling pursuant to NCGS I
Mdidhead CIyf ;1A
Issued togerry Cook, PO Box 31063, Raleigh, NC 27622
Authorizing development in Carteret County at BoQue 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 w.orkplan drawing(1), dated revised 10/7/04
This permit, issued on March 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.
Community Docking Facility
1) This permit authorizes only the docks, piers, and other structures and uses located in or over the water
that are expressly and specifically set forth in the permit application. No other 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.
2) No sewage, whether 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.
(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 Charles S. ones, 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 Permittee

'b
1
Jerry Cook Permit#144-03
F .
Page 2 of 4
ADDITIONAL CONDITIONS
rmittee2ed that the Division of Coastal Management does not accept the riparian corridor
3) pe g p p
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.
5) The authorized structure 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.
7) Any portion of the permitted access pier built over coastal wetlands shall not exceed six feet in width
and shall be elevated a minimum of three feet over the wetland substrate as measured from the bottom of
the decking.
8) This permit does not authorize the interference with any existing or proposed Federal project, and the
permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury
which may be caused from existing or future operations undertaken by the United States in the public
interest.
9) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
10) This permit authorizes a maximum of ten boat slips.
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).
11) In 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.

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3
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.
13) In order to be consistent with the coastal shoreline buffer requirements, which requires that most non-
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 warer areas shall be excavated or filled, even temporarily.
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.
16) 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:
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 major modification shall be attached to the original of Permit No. 144-03, which was 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.

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.
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 (le. 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.
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.
NOTE: The permittee and/or his contractor is urged to meet with a representative of the Division prior to
project initiation.
NOTE: The deed submitted with the permit application indicates that the property lines extend below the
mean high water line. The permittee is advised that the State of North Carolina claims title to all
lands falling waterward of the mean high water line.
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.
4
b

A�
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
March 2, 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,
PV7& V,
Douglas V. Huggett
Major Permits and Consistency Manager
Enclosure
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone]\ FAX: [phone]\ Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
I. APPLICANT'S NAME: Jerry A. Cook, property owner
Prestige Land Surveying, P.A. (John Odum)—authorized agent
2. LOCATION OF PROJECT SITE: The project site is located in Emerald Isle at West End Subdivision, 22.5
acre tract, at or near the intersection of Coast Guard Road and Old Coast Guard Road. Turn right on Ring
Street and then immediately right onto Old Coast Guard Road, proceed to the end of Old Coast Guard Road
to the terminus of the cul-de-sac. The western line of Lot 1 is staked and flagged to the edge of the marsh.
The project site is adjacent to Bogue Sound and `Coast Guard Channel', Emerald Isle, Carteret County
Photo Index -2000: 38-474, grids 17—M, N, 0 1995: 38-453, grids 6- L, M, N
State Plane Coordinates -X: 2,566,900 Y: 334,100 Rover#Y101815B
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit—Aerial Survey 10/11/2004; Site visit 10/18/2004
Was Applicant Present— No.
5. PROCESSING PROCEDURE: Application Received— 14 October 2004
Office—Morehead City
6. SITE DESCRIPTION:
(A) Local Land Use Plan— Emerald Isle
Land Classification From LUP—Conservation
(B) AEC(s) Involved: ORW— Estuarine Shoreline; Estuarine Waters, Public Trust Area, Coastal Wetlands
(C) Water Dependent: Yes.
(D) Intended Use: Commercial (Residential lot sales)
(E) Wastewater Treatment: Existing—None
Planned -Onsite Septic
(F) Type of Structures: Existing— Four cul-de-sacs and Old Coast Guard Road (paved)
Planned - Community pier, high ground gazebo, and floating dock with 10 boat
slips and 5 finger piers and 13 tie-up pilings.
(G) Estimated Annual Rate of Erosion: N/A
Source— N/A
7. HABITAT DESCRIPTION:
DREDGED FILLED OTHER
(A) Vegetated Wetlands Shaded
3,600 sq.ft.
(B) Shallow Bottom Shaded
1,232 sq.ft.
(C) Other—Open Water Usurpation
4,620 sq.ft. PTA
(D) High Ground—Coastal Shoreline 114 sq.ft.
(E) Total Area Disturbed: 9,566 ft2 or .22 acre
(F) Primary Nursery Area: No
(G) Water Classification: SA -ORW Open: Yes

Field Investigation Report
West End Subdivision Pier Proposal
19 October 2004
Page 2 of 3
8. PROJECT SUMMARY: The applicant proposes to create a community Bogue Sound access for the 23
single-family lots within West End Subdivision. The proposed project involves the construction of a pier, high
ground gazebo, and a floating dock with 10 boat slips and 5 associated finger piers and 13 tie-up pilings.
9. NARRATIVE DESCRIPTION:
Project Setting
The project site is a 22.5 acre tract adjacent to Bogue Sound and`Coast Guard Channel.'`Coast Guard Channel'is a
channel that connects to Bogue Inlet.The subject channel is a natural watercourse off`Coast Guard Channel'that runs partly
between a small marsh island and the western edge of the West End Subdivision marsh line.The property is bordered to the
north by Bogue Sound, to the east by Pointe Bogue Subdivision, to the south by Coast Guard Road, and to the west by
Emerald by the Sea, Block 52.The property is vacant,with the exception of a stretch of Old Coast Guard Road.Currently,the
property is largely maritime forest with extensive coastal and federal wetlands bordering the sound side,or north side,of the
property. Associated with this proposed project is a high ground island in the sound side marsh which is within the property
meets and bounds and is located approximately 400' north - northeast from the wooded high ground from Lot 1 of the
subdivision. Cedars, myrtles, and other shrubbery growth are found on the high ground island. There are no 404 wetlands
existing on the high ground island.There are federal wetlands located within the interior of the undeveloped lots.The elevation
of the property ranges from 0' normal high water (NHW) to 20' NHW. There are no utilities or houses presently onsite,
however, septic permits exist and four cul-de-sacs connecting to Coast Guard Road are in place.
State Permit number 144-03 was issued 31 October 2003 to Mr.Jerry Cook for Major Development within an Area of
Environmental Concern (AEC). The permit authorizes land disturbing activities and installation of the utilities infrastructure
associated with the establishment of West End Subdivision including the construction of the four cul-de-sacs connecting to
Coast Guard Road,filling of Section 404 wetlands,and the removal of an existing roadbed.The permit authorizes a maximum
impervious area of 1.22%within the 575-foot Outstanding Resource Water (ORW) Coastal Shoreline AEC. Other permits
issued associated with State Permit number 144-03 include: Division of Water Quality WQC #3400 and U.S. Corps of
Engineers Action ID No. 200301178.
It should be noted that the proposed project site is located within close proximity to an area of significant coastal
archaeological resource and/or significant coastal historical archeological resource.
Moving south to north along the westernmost property line of Lot 1 is woody maritime vegetation where the natural
walkway is proposed.At the time of the site visit,this area is thick with shrubs and overgrowth and will require some clearing
and thinning of maritime vegetation for the natural walkway. Running northeast at the transition of the maritime forest and the
coastal wetlands,there is Spartina alterniflora, Distichlis spicata, and Spartina patens.The Spartina alterniflora is abundant
throughout the marsh expanse for approximately 400'to the high ground island which is bordered around its perimeter with a
narrow fringe of Juncus roemerianus.Traveling northwest from the high ground island,the vegetation transitions from the high
ground shrubs and changes into the Spartina alterniflora at the approximate NHW. Located approximately 200'to the west of
the high ground island is the waterward edge of the marsh that abuts the western edge of the natural watercourse off`Coast
Guard Channel.'
At the proposed project site,the channel runs approximately north and south and is approximately 264'wide measured
from edge of marsh abutting West End Subdivision property and the edge of the marsh abutting a marsh island on the western
edge of the channel.There is another marsh island approximately 120'south of the proposed project site in which the channel
narrows to 72' in width measuring from edge of the marsh to the edge of the marsh.
Bogue Sound at this location is classified as SA and ORW by the Division of Water Quality.The tidal amplitude in this
area is approximately 3.5 feet.This section of sound does not serve as either a primary or secondary nursery area, however
the waters are open for shellfish harvesting.The bottom at the channel site is sandy and there are no visible SAVs or shellfish
at the proposed dock site. The average water depths in the channel at the proposed project site are less than±-2.64 feet at
normal low water. The adjacent properties to the south have similar shorelines.
Project Description
The proposed project is to construct a community sound access for the 23 single-family lots located within West End
TAROYMest End Pier Proposal Major\West End Field Report.doc

Field Investigation Report
West End Subdivision Pier Proposal
19 October 2004
Page 3 of 3
Subdivision. The restrictive covenants for West End Subdivision (see attached) currently prohibit individual docks or piers.
According to the applicant, the purpose of this restrictive covenant is in anticipation of obtaining permits for and building a
community water access.The proposed project consists of a natural walkway path,a proposed 10'easement,across Lot 1 of
the West End Subdivision to the edge of the marsh. Lot 1 is currently owned by the applicant, Mr.Jerry Cook.The applicant
describes this access for pedestrian use only and any vehicle access would be by`drop-off'or possibly by golf cart. There are
no indications on the site plan submitted with this application for any parking area(s)associated with the pier.The applicant
does describe, however, golf cart parking and/or drop-off occurring within the cul-de-sac of Old Coast Guard Road.There is
no boat ramp or launching facilities associated with this project.
At the terminus of the natural path at the marsh edge,the applicant proposes a 6'wide wooden pier running 400 feet
north across the marsh section of lot 1(a) to a high ground island in the marsh. On the island, the applicant proposes to
construct a 12'diameter(1 14 ft2) gazebo for sitting and viewing. The gazebo will be located above normal high water level,
landward of any coastal wetlands,and is not proposing second story use. However,construction of the gazebo must comply
with the Coastal Resource Commission's rules for the Coastal Shoreline 30'buffer.The gazebo must be less than 200 ftz in
area, unroofed,and must be elevated with slatted flooring,otherwise,the gazebo must be located landward of the 30'buffer.
Another 6'wide by 200' long section of wooden pier running west—northwest will connect the island to a floating 8'wide by
154'long(1,232 ft2)boating dock/platform area at the edge of the channel with 10 boat slips(16'x 30')and 13 appurtenant tie-
up pilings and 5 finger piers(3'x 2'x 16') .Water depth at the end of the pier and the boat slips area is approximately 4 at
normal low tide.
The floating dock and finger piers with appurtenant tie-up pilings will protrude at least 60'into the width of the 264'wide
channel. Residents of West End Subdivision will have to launch their boats at one of the ramps in the area and would access
the dock via the Intracoastal Waterway and then through the `Coast Guard Channel' and enter the small channel from the
"Coast Guard Channel."
10. ANTICIPATED IMPACTS: The project will usurp 4,620 ft2 of public trust area and estuarine waters within
open shellfish waters. The project will require the shading of 3,600 ft2 of coastal wetlands, involving both high and low
marsh, and shading of 1,232 ft2 of the shallow sandy bottom under the floating dock/platform. The project will involve high
ground disturbance through the construction of the proposed gazebo covering 114 ft2. The proposed pier/boating platform
as described in the site plan will not encroach more than one-fourth the width of`Coast Guard Channel,'therefore would
not appear to impede navigation of the sound nor obstruct traditional navigation at this location. The channel at this
location is an open loop and is flushed regularly with the tide cycles.
Construction methods described in the applicant's narrative indicate the use of means (i.e., logging mats)to
lessen and prevent damage to the marsh during the construction phases.This is strongly encouraged to prevent rutting
and alteration of the marsh substrate during construction. No dredging or bottom disturbance other than the piling setting
associated with the construction is required therefore only temporary elevated turbidity in the water column is expected.
The increased boat traffic might cause wake that could erode the coastal wetland shoreline, however, due to the location
and narrowness of the channel, boat speeds will be limited thereby decreasing the effect of the wave action on the
shoreline.
Roy D. Brownlow—Morehead City Office—19 October 2004
T:\ROY\West End Pier Proposal Major\West End Field Report.doc

Form P,?IM-W-1
IU V11 I'N
APPL A`
(To be complefed by all applicants)
b. City, town, community or landmark
I. APPLICANT EMA2a�� !S
c. Street address or secondary road numher
a. Landowner: COAST(LA4-0 2oAn
Name C�(Zy A. 6coK d. Is proposed work�'✓ithin city limits or planning
jurisdiction? [� Yes No
Address_�6�K 3(d(03
—` e. Name of body of water nearest project (e,2. river,
City State �L creek, sound, bay) � �,.ip
CkA�aE�
zip22 _ Day phone 1 - 792- 2112
Fax q�� 767. ZIP 3. DESCRIPTION AND PLANNED USE
0�" PROPOSED PR®JEC'P
b. Authorize Agent:
Name pu -n&e �AIvD Su fl4rl I NG a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
Address 5� �J. c LE-A t4 JSt,y D excavation and/or filling activities.
P NA I 1Ps
City CA�C� CAR-V—Cf _ state
Zip Z05-0`�' Day Phone `Z 5 Z';43-2!29
b. Is the proposed activity maintenance of an existing
Fay
project, new work, or both? Lk ii WwLr-
Z�Z-3�3-3D�S _
c. Will the project be for public, private or commercial
c. Project name an use?_ PXIya�re
if(' y) I�CST ND S�6owIsiv�
U. dive a brief d&Gcription cuf purpose,use, methous o
construction and daily operations of proposed
NOTE: Fermi:wiv be isswd in name oflandcwner(s), and/or project. If more space is needed, please attach
project name. additional pages. 11pi L P1E�2 66NSTr.[��TLo�
G2R- F[a,A T t*-a SoAT
2. LOCATION CAE PROPOSED _
PROJECT
a. County C�Q Fl` xr t7
L!EJ
0 C T 8 2004
Rr_vi5ed 03/95
Morehead City DCM

Form DCM-.N1P-I
4. LAhrD AND WATERm. Describe existing wastewater treatment facilities.
CRARAcTERISTICS
a. Size of entire tract Z2- 5'F dcee 5 n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary.
b. Size of individual lot(s) [7,�Oy�IR ���, �_ wastewater, industrial/commercial effluent, "wash
down" and residential discharges.) �U(LrA(F ZuP'19 t
c. Approximate elevation of tract above MHW or �e&5 yE�El� SwA��5.�4X)o fktj
N`WL Zo( V—IL4ILY .
d. Soil types) and texture(s) of tract o. Describe existing drinking water supply source.
AND :V606 �pNLLS WAr�►t`C�1ddP L.9(Ll. PQdJ���
e. Vegetation on tract k(4(, MA rot oeEST -
l� P&(p/L 15��2PQ�CE
f. Man-made features now on tract ()W5
Pfr;/in�ct�� 1 oT C-S 494 5. ADDITIONAL TWORNI-A,TION
g. What is the LAMA Land Use Flan land
classification of the site? (Conrutr the meat land use plan.) In addition to the completed application form, the
/ ff31io66'ing items must be submitted:
y Conservation Transitional
Developed Community A copy of the deed (with state application only) or
Rural Other other instrument under which the applicant claims title
to the affected properties. If the applicant is not
h. How is the tract zoned by local government? claiming to be the owner of said property, then
R M K forward a copy of the deed or other instrument under
which the owner claims title, plus written permission
i. Is the proposVyroject consistent with the applicable from the owner to carry out the project.
zoning? Yes No
(Au ch zon:n8 corvU nee cernicxc, ifappuwble) 0 An accurate, dated work plat (including plan view
and cross-sectional drawings)drawn to scale in black
j. Has a professional archaeological assessment been ink on an 8 1/2" by 11" white paper. (Refer to
done for the om?' Yes ✓ No Coastal ResaurC� Commission Rule 71.R201i for a
If yes, by whom? detailed description.)
k. Is the project located in a .National Registered Please note that original drawings are preferred and
Historic District or does it involve a National ordy high quality copies will be accepted. Blue-line
Register listed or eligible property? prints or other larger plats are acceptable only if an
Y es V No adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of
i. Are there wetlands on the site? V Yes No Engineers regarding that agency's use of larger
Coastal (marsh) Other ✓q6 drawings.) A site or location map is a part of plat
If yes, has a delineation been conducted? S rqWWF, , r_bp, iciently detailod to
(A"°`�' � �`"""" "°", l a lable) g�Adt~ geaCyJpe£sphriel�snt pttfiVwith the area to the
0 C T 8 2004
Revised !13/94 [Vilorehead City DCM

Form DCM-,2-1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like. 6. CERTIFICATION ION 4,ND PERMISSION
0 A Stormvvaier Certification, if one is necessary. TO ENTER ON LAND
• A list of the names and complete addresses of the ➢ understand that any permit issued in response to this
adjacent waterfront (riparian) landowners and application will allow only the development described in
signed return r"pts as Proof that such owners the application. Tue project will be subject to conditions
have received a copy of the application and plats and restrictions contained in the permit.
by certified mail. Such landowners must be advised
that they have 30 days in which to submit comments I certify that to the best of my knowledge,the proposed
on the proposed project to the Division of Coastal activity complies with the State of North Carolina's,
Management. Upon signing this form, the applicant approved Coastal Management Program and will be
further certifies that such notice has been provided. conducted in a manner consistent with such program.
Name . us,t(. CAsry eSr4 7"c 1 certify that 1 am authorized to grant, and do in fact,
Address 'JA .ic oAJutt.t_E Fc. grant permission to representatives of state and federal
Phone Z23 1 review agencies to enter on the aforementioned lands in
Name 4uSSeIL 6. SG4t.C-S
connection with evaluating information related to this Address i@lZ permit application and follow-up monitoring of the
�Z"6>-D UaE �AQFX x1e, 175�i project.
Phone
.Name SDo-[AiJ)A-TH I further certify that the information provided in this
Address 62� 9LAcickt.peyt i)R., ke,,cAHa2�h .F}• application is truthful to the best of my knowledge.
Phone
A list of previous state or federal permits issued for This is the may of
work on the project tract. Include permit numbers, Print N ejo 0p M �� i e U40'P
permittee, and issuing dates. — '-
0566-*110u (1) l l�i�{0 1� , f Gc Pjq - SW$p 30 y1$� Signature
r or ALaharizrd m
CAMA- (44-03 G,c,e w. fl&44\-23*'C �06051
• A check: for$250 made payable to the Department of .Please indicate attachments pertaining to your proposed
Environment, health, and Natural Resources project.
(DEHNR) to cover the costs of processing the
application. CM MP-2 Excavation and Fill Information
_ DCM RAP-3 Upland Development
A signed A_EC hazard notice for projects in DCM MP-4 Structures Information
oceanfront and inlet areas. — DCM MP-5 Bridges and Culverts
DCM 'KIP-6 Marina Development
A statement of compliance with the N.C. NOTE. Please sign and date each anachmenr in the
Environmental Policy Act (N.C.G.S. 113A - 1 to space provided at the botrom of each form.
10) If the project involves the expenditure of public
funds or use of public lands, attach a statement s
documenting compliance with the North Carolina
Fn,,:r � e 4 ) Policy /���
�.,,��,o,.m r..a, Pel'c, t.
0 CT 8 2004
tteazsed City
0�,'4+ LJ��Ft1

'Form DCNI-i IT4
` TT
(Construction within Public Tn st Arms)
Attach this form to Joint Application for CAMA Major e. Mooring buoys NIA
Permit, Form DCM-MP-I. Be sure to complete all O 1
other sections of the Joint Application which relate to — Commercial_Community _ Private
(2) Number
this proposed project.
(3) Description of buoy
a. Dock(s) and/or Pier(s) (Color, inscription, size, anchor, etc.)
(1) _ Commercial zcommunity__Private
(2) Number I
(3) Length AWV'roe>
(4) Width _6' (4) Width of water body
(5) Distance buoy(s) to be placed beyond
(5) Finger Piers _tx/Yes No
shoreline
(i) Number
00 Length f. Mooring(iii) Width -V g structure (boatlift�Community
etc.)
(6) Platform(s) y� Na (1) — Commercial _Private
�we�fl f�U (2) Number 13 P(L'L fJS
(i) Number (3) Length
(ii) Length (4) Width
(iii) Width 43'
(7) Number of slips proposed 10 g. Other (Give comptete description)
(8) Proximity of structure to adjacent riparian (Z PjAmEfe2 Gg2cgp- WOnD 51i� �E
property lines 5� 5'f o+� Hit (DNA hF gPan (ny Pero
(9) Width of water body `� 1+-
(10) Water depth at waterward end of pier at
ML r NWL .0�+
b. Boathouse (including covered lifts) N R
(1) Commercial Private
(2) Length _ InI�St �n10 Sy�D(UtS(0/J
(3) Width fican Pro* am
c. Groin (e.g. wood, sheetpile, etc.) ,4
(1) Number s n'
(2) Length(s) i7
d. Breakwater (e.g. wood, sheetpile, etc.),
Nr�
(1) Length
(2) Average distance from MHW, NWL or
wetlands "Rk
(3) Maximum distance beyond MHW, NWL or
wetlands 4 s
OCT 8 2004
Mor( heQId Ci �11�
Revised 03195

•Form DCM-MP-3
UPLAND
DEVELOPMENT
(Construction and/or land disturbing activities)
Attach this form to Joint Application for CAMA Major h. Projects that require a CAMA Major Development
Permit, Form DCM-MP-1. Be sure to complete all Permit may also require a Stormwater Certification.
other sections of the Joint Application that relate to this Has a site development plan been submitted to the
proposed project. Division f Environmental Management for review?
VYes No
a. Type and number of buildings, facilities, units or If yes, date submitted E►rolL�' S W a o 3D? I-S
structures proposed I- D(AMt Tey2 GA2ega q-t 9-o3
(wo00ew (00s'f UCT(O.3) i. Describe proposed method of sewage disposal.
-ANC, �Z6ATe6z)
b. Number of lots or parcels 7-3
j. Have the facilities described in Item i. above
c. Density(give the number of residential units and the received state or local approval? WA-
units per acre) uP I,rs/A«F (Aach appropriate documentation)
k. Describe location and type of proposed discharges to
d. Size of area to be graded, filled or disturbed waters of the state (for example, surface runoff,
inclui&g roads, ditches, etc. M09C, A3j TMS sanitary wastewater, industrial/commercial effluent,
"wash down" and residential discharges).
i-6 t-1 E
e. If the proposed project will disturb more than one
acre of land, the Division of Land Resources must
receive an erosion and sedimentation control plan at
least 30 days before land disturbing activity begins, 1. Describe proposed drinking water supply source
If applicable, has a sedimentation and erosion (e.g. well, community, public system, etc.)
control plan been s mitted to the Division of Land'
Resources? VYes No
If yes, date submitted in. Will water be impounded? Yes '� No
If yes, how many acres?
f. List the materials (such as marl, paver stone,
asphalt, or concrete) to be used for paved surfaces. n. If the project is a oceanfront develo ment, when
( bQX N CoNSR�rt[a-� F02 6AUSO was the lot(s) platted and recorded?
oTHe+�-,4�s P�trreio P2Eu�o�S i✓y
�—
g. Give the percentage of the tract within 75 feet of Applicant or Ject Name
MHW or NWL, or within 575 feet in the case of an
Outstanding Resource Water, to be covered by S• cure
impervious and/or built-upon surfaces, such as
pavement, buildings, rooftops, or to be u ed for
vehicular driveways or parking. GA7eBa FTDP
'•: ; '"
lS (ass -rmo lamS•F
Revised 03/95 PR-0 ovs PmM-vr t-A s Pb( �-`'� S 0 C T 8 2004
.W tt(G Jf t,vA 5 ^- !o — 11+t5
�S o,,-rs AQ pp_ev to os 4A_e_4- At-0 Morehead City DCM
C5c.;s -r4%o5-2.

West End Subdivision C.A.M.A. Narrative
LOCATION: This project is located in Carteret County on the western end of Emerald
Isle, near the end of Coast Guard Road. Turn right on Ring Street and then immediately
right onto Old Coast Guard Road, proceed to the end of Old Coast Guard Road and park
in the cul-de-sac. The western line of Lot 1 is staked with 36-inch wood stake to the
marsh edge.
PURPOSE and DESCRIPTION: The purpose of this project is to create a sound
access for 23 single-family lots in West End Subdivision. The restrictive covenants for
this project currently prohibit individual docks or piers in anticipation of obtaining
permits for and building a community access. The proposed access would consist of a
natural walkway area across lot 1 of the West End Subdivision to the edge of the marsh.
The access would be for pedestrian traffic only, any vehicle access would be by drop off
or possible golf cart. Golf cart parking or drop off would occur within the cul-de-sac of
Old Coast Guard Road. After reaching the marsh edge on the natural walkway a 6 foot
wide wooden pier would pick up and run approximately 400 feet to a high land island in
the marsh, on the island a 12 foot diameter gazebo is proposed for sitting and viewing,
the gazebo will be above normal high water level,then leaving the island with another
section of 6 foot wide wooden pier for approximately 200 feet to a floating 8 foot wide
boat dock area. The boat dock would be a 10 slip floating structure with associated
pilings and finger piers. Boats would be launched at one of several ramps in the area and
ingress the dock by the Intracoastal Waterway and then the Coast Guard Channel and a
small channel off the Coast Guard Channel. The dock is located on a small loop channel
off the Coast Guard Channel with excellent flushing qualities.
CONSTRUCTION METHODS: The construction methods used in construction of this
project will be in accordance with current C.A.M.A. regulations and best management
practices. The proposed improvements will be staked by the surveyor prior to
construction for C.A.M.A. approval as requested or required. Construction methods will
include but not be limited to logging mats and other means to lesson and prevent damage
to the marsh during construction. The floating dock and finger piers will be wrapped
foam floats and offshore of marsh so no marsh damage should occur with this
construction. The floating dock and finger piers will be in sufficient water depth so that
no dredging or bottom disturbance other than piling setting need occur. After
construction the damaged marsh areas will be cleaned and left in a preconstruction
condition as much as feasibly possible.
ij C j 8 2004
Iviurehead City DCM

West End S/D
Roads
} Parcels
\ Water
f �
!rP
� 1 in. =500.0 feet

d nil � .rt�
�. � - �

,.. , s
lei
,R. West End Emerald Isle
Roads
A Water
f
p
�/ 1 in. =674.9 yards

Title Line 1
a� '• n,�' Roads
s Parcels
Water
r
s��t
4
`�� 1 in. =674.9 yards

DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
1) APPLICANT:West End S/D,c/o Jerry Cook County: Carteret
LOCATION OF PROJECT: The 22.5 acre tract at or near intersection of Coast Guard Rd&Old Coast Guard Rd adj.
to Bogue Sound&Coast Guard Channel in Emerald Isle,NC.
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 10/14/04
FIELD RECOMMENDATION: Attached:Yes To Be Forwarded:No
CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES
FIELD REPRESENTATIVE: Roy Brownlow DISTRICT OFFICE:Morehead\
DISTRICT MANAGER REVIEW:
B) DATE APPLICATION RECEIVED IN RALEIGH: FEE REC'D: $006,00—
PUBLIC NOTICE RECD: )akdo q END OF NOTICE DATE: 11 11d1dV
ADJ. RIP. PROP NOTICES REC'D: DEED REC'D:
APPLICATION ASSIGNEDTO: A4,66rrT' ON: /d"/ke
C) 75 DAY DEADLINE: lZ-/zklo4 150 DAY DEADLINE: 03//3�25
MAIL OUT DATE: STATE DUE DATE:
FEDERAL DUE DATE: ej ri FED COMMENTS REC'D:
PERMIT FINAL ACTION: ISSUE DENY DRAFT ON
AGENCY DATE OBJECTION NOTES
COMMENTS S:
RETURNED YES NO
Coastal Management-Regional Representative
Coastal Management-LUP Consistency
Division of Community Assistance 0 27/"Y
Land Quality Section ((/(/V Y Ilk
Division of Water Quality
Storm Water Management(DWQ)
State Property Office ( 2300y
Division of Archives&History t 061 Dy ✓
Division of Environmental Health
Division of Highways
Wildlife Resources Commission
Division.of Water Resources
Division of Marine Fisheries
Submerged Lands(DMF)

Permit #
DCM Coordinator:
MAILING DISTRIBUTION:
Permitee:
Agent: �fe Svf�C �n
c t leis a�
DCM Field Offices: 501 ui•g. �` mcl ke ol caPy
Elizabeth City � <Ipe ('yr4re l
Morehead City✓�C0VI-41, e 'Ze(sy4 � ��
Ci /'-Cn 7�
Washington t}v Rot g,
Wilmington
US Army Corps of Engineers(USACE): rV rIY7
Washington: Mike Bell(NCDOT)
Bill Biddlecome(NCDOT)
Raleigh Bland
Wilmington: Dave Timpy(NCDQ�)
Henry Wicker �/
Others:
Cultural Resources: Renee Gledhill-E ly
Environmental Health: Terry Pierce /
Marine Fisheries: Mike Street .// 4150 5e',
NCDOT: Ken Pace J / /
Shellfish Sanitation: Patty Fowler .e
State Property Office: Joseph Henderson P�M
Water Quality: Cyndi Karol (for non-DOT J
John Hennessy(NC OT) y
Water Resources: John Sutherland V ( (e S
Wildlife Resources: Maria Tripp �
Bennett Wynne z d 61
('Gt'n�
David Cox(NCDOT) J
Travis Wilson(NCDOT) P-"T le S
LPO: Dg G F. ,
FAXING DISTRIBUTION: /
Permitee at ` �� I I
Agent at
DCM Field Offices:
Elizabeth City(252/264-3723)
Morehead City(252/247-3330)
Washington(252/948-0478)
Wilmington(910/350-2004)
US Army Corps of Engineers(USACE):
Washington: Mike Bell(NCDOT)
Bill Biddlecome(NCDOT)
Raleigh Bland(252/975-1399)
Wilmington: Dave Timpy(NCDOT)
Henry Wicker(910/251-4025)
CAMA Major Permit Process Manual Page 70 of 70

r+Y TA!lw,
State of North Carolina Reply to:
ROY COOPER Department of Justice Christine Anne Goebel
Environmental Division
AITOI:tNEY GENERAL 9W I Mail Service Center 9001 Mail Service Centel
RALEIGH, NORTH CAROLINA Raleigh, NC 27699-9001
276999WI Tel:[phone]
Fax:[phone]
[e-mail]
NIENIORANDUM
TO: Dr. Courtney Hackney, CRC Acting Chairman, by U.S. Mail tgy_03
Jill Hickey, Special Deputy Attorney General, by hand delivery
Charles Jones, Director of DCM, by U.S. Mail
Ted Tyndall, Assistant Director of DCM, by U.S. Mail
Doug Huggett, DCM Major Permits Coordinator, by U.S. Mail
Tere Barrett, DCM District Manager,by U.S. Mail
Stephanie Bodine, DCM Director's Secretary, by U.S. Mail
FROM: Christine Anne Goebel
Assistant Attorney General
DATE: March 29, 2005
RE: Staff Recommendation on Third Party Appeal Petition(05-01) filed by the Robert
Casey Trustees and counsel
Please find enclosed the Staff Recommendation in the above-referenced third party
hearing request. The Chairman's decision will be due by Monday April 4, 2005. I will notify
you once the decision is made.
Enclosure
cc: Robert Casey Trust c/o C. Barrett Graham, Esq., Petitioners,by U.S. Mail
William Raney, attorney for Jerry Cook, Permitee,by U.S. Mail

STATE OF NORTH CAROLINA BEFORE THE CHAIRMAN
COASTAL RESOURCES COMMISSION
COUNTY OF CARTERET CMT-2005-05
IN THE MATTER OF THE )
THIRD PARTY HEARING REQUEST ) STAFF RECOMMENDATION OF THE
BY TRUSTEE FOR THE ) DIVISION OF COASTAL MANAGEMENT
ROBERT CASEY ESTATE TRUST )
I. BACKGROUND
Petitioners, Wachovia Bank as trustee, C. Barrett Graham, Esq., counsel for Robert
Casey Estate, and Mrs. Casey as beneficiary(Petitioner), request permission to file a petition for
a contested case hearing as a third party pursuant to N.C.G.S. § 113A-121.1(b). Petitioners seek
to challenge CAMA Major Permit Modification#144-03, issued by the Division of Coastal
Management(DCM), to Jerry Cook(Permittee), owner of the West End subdivision, on March 2,
2005(orig. permit issued 10/31/03). The modification authorizes a community docking facility
for the West End Subdivision in Emerald Isle, Carteret County,North Carolina.
Under the Coastal Area Management Act(CAMA), a third party may file a contested case
hearing petition to challenge the issuance or denial of a CAMA permit to someone else only if
the Coastal Resources Commission(CRC) first determines that a contested case hearing is
appropriate. N.C.G.S. Section 113A-121.1(b)provides that the determination as to whether a
hearing is appropriate should be based upon a consideration of whether the petitioner:
1. Has alleged that the decision is contrary to a statute or rule;
2. Is directly affected by the decision; and
3. Has alleged facts or made legal arguments that demonstrate that the hearing
request is not frivolous.

The CRC has delegated the authority to its Chairman to determine whether a third party
request for a hearing should be granted or denied. Rule 15A NCAC 7J .0301(b). A third party
whose hearing request is granted may file a contested case hearing petition with the Office of
Administrative Hearings (OAH)within 20 days after the Commission makes its determination.
N.C.G.S. Sec. 113A-121.1(b). A third party whose hearing request is denied may seek judicial
review. Id.
II. FACTS
A. Petitioner owns lots 33 and 34 of Emerald Isle By the Sea, in Emerald Isle,NC. County
tax records show Petitioner's house was built in 1974 and they have owned it since1973.
B. The Permittee owns, and is developing the West End subdivision located off Coast Guard
Road in Emerald Isle,NC. See the survey by Prestige Land Surveying attached and
incorporated.
C. Both parties own property adjacent to "coast guard channel", adjacent to Bogue Sound.
Bogue Sound is a designated Outstanding Resource Water(ORW)by the Environmental
Management Commission, and is open to the harvest of shellfish.
D. The property is within the Coastal Shoreline Area of Environmental Concern("AEC")
which is adjacent to the ORW waters of Bogue Sound. The AEC is delineated as the area
withing 575'of the normal high water line. All the development proposed is within the
AEC.
E. On October 14, 2004, DCM accepted a complete application from the Permitted for a
CAMA Major Permit Modification for the proposed development with Carteret County.
2

(attached) The proposal included a 6' by 400' pier/walkway, a 6' by 200' pier/walkway, a
12' diameter gazebo, and a 154' by 8' floating dock with finger piers and pilings for 10
boat slips.
F. Mr. Roy Brownlow, DCM's compliance coordinator, acted as the field representative for
this permit application. He made site visits and an aerial inspection of the site as a part of
his assignment.
G. This application was a modification of CAMA Major Permit #144-03, that had been
issued October 31, 2003 for the subdivision's infrastructure.
H. As a part of the Major Permit Modification process, the Permitted gave notice to riparian
owners, including the Petitioner.
I. In response to the proposed project, Petitioner responded with a letter dated December 13,
2004. In the letter, Petitioner, Wachovia Bank as Trustee, and Mrs. Casey personally,
objected to the project as proposed. Their concern was that the permit would authorize
work that would interfere with Mrs. Casey's privacy. (see attached letter) Wachovia Bank
also made contact with DCM to track the permit's progress and to request forms.
J. Upon receipt of Petitioner's letter, Staff, including Asst. Director Ted Tyndall, Major
Permits Coordinator Doug Huggett, and Mr. Brownlow met to discuss the permit
application and the Petitioners' letter. They did not feel that the submitted survey was
accurate in its depiction of riparian corridors in the area, and because the drawings did not
clearly delineate between highground and marsh.
3

K. Staff notes that due to the irregular coastline, the presence of marsh and marsh island, and
the distance to the channel, riparian corridors are difficult to determine in this area. In
this circumstance, the rules allow Staff to align the proposed pier "to meet the intent of
this Rule to the maximum extent practicable." Rule 15A NCAC 7H .0208(b)(6)(L).
L. After supplementing the survey with Mr. Brownlow's field report and first-hand
descriptions, aerial photos, county tax records, all three Staff agreed that the proposed
stricture was in the subdivision's riparian area. Staff made a concerted effort to ensure
that Petitioners had riparian access if they desired to build a dock of their own to reach
the channel in the future, and that the proposal did not encroach into Petitioners' 15'
riparian buffer per 7H .0208(b)(6)(L). In fact, Staff required early-on, that the proposal
be changed to push the proposed slips further to the north-west to give Petitioners more
room.
M. Staff feels that they"made a conscious effort to protect the Petitioners' riparian area" and
went "above and beyond"because of the irregular shape of the shoreline to examine the
riparian corridors.
N. On March 2, 2005, Doug Huggett, DCM's Major Permit Coordinator issued a CAMA
Major Permit Modification #144-03 to the Permittee.(attached) The gazebo portion of the
project did not meet the rules, and was excepted from the permit in condition# 13 of the
permit. Staff also added condition #3 to note that while it didn't accept the riparian
corridors as shown on the Permittee's map, it did feel that the proposal met the rules.
4

0. A letter to Petitioners, dated March 2, 2005, notified them that Staff felt the proposal was
not inconsistent with the CRC's rules and had granted the permit. It also notified them of
their right to appeal. (attached)
P. Petitioner filed this timely petition with the Director on March 18, 2005.(attached)
Q. Permittees' counsel Mr. Raney, submitted a response to the petition, dated March 24,
2005, which is attached for the chairman's consideration.
III. DCM'S RECOMMENDATIONS
A. Has the Petitioner Alleged that the Decision is Contrary to a Statute or Rule?
Yes on 1, No on II and III. In order to prevail in a third party hearing request, a
petitioner must first allege that the agency made a decision that is contrary to a statute or rule.
N.C.G.S. § I I 3A-12 1.1(b)(1). The petition states, "Petitioner has not been able to identify
specific violations of statutes or rules at this time but respectfully reserves the right to present any
should they be identified at a later date." In the body of the petition, Petitioner appears to raise
three issues.
(I)First,while Petitioner does not list the specific rule as required, Petitioner asserts that
"the proposed dock and pier may violate her riparian and littoral rights, as defined by the
Supreme Court of North Carolina."Riparian rights are protected within the CRC's rules in
connection with docks and piers in the specific use standards of 15A NCAC 7H .0208(b)(6). As
such,Petitioner has satisfied N.C.G.S. § 113A-121.l(b)(1) for this issue.
5

(II) Second, Petitioner, in addressing the second factor, raises the issue that the location
of the proposed development will invade her privacy by allowing persons on the pier to "look
directly into the Petitioner's property for indefinite periods of time, thereby invading the privacy
of those occupying Petitioner's property." This issue is not something that is addressed by the
CRC's rules because it is a nuisance claim. Such claims are not within the purview of the CRC's
rules and does not meet the standard ofN.C.G.S. § 113A-121.1(b)(1).
(III) Finally, Petitioner raises the issue that the use of the pier will result in trash and
debris that "will accumulate in the water and either remain there creating unsightly and unhealthy
conditions or be carried into the surrounding marshes and onto Petitioner's property by
movement of the water." While this may be a legitimate concern, such action is in no way
authorized by a CAMA Permit. A CAMA Permit only authorizes development by the Permittee
on property he owns. A CAMA Permit does not grant any property rights to the Permitted, nor
does it authorize trespass onto another's property by persons or debris. DCM Staff have no
authority to make determinations about property rights issues such as trespass or nuisance.
Therefore, it does not meet the requirements of N.C.G.S. § 113A-121.1(b)(1), requiring a
showing that the permit allows development contrary to CAMA or the CRC's rules.
B. Is the Petitioner Directly Affected by the Decision?
Yes. Petitioner is an adjoining property owner, and feels that they will be directly
impacted by the permit decision, by an invasion of privacy and possible debris that will
accumulate on her property. Staff notes that the Petitioner owns a lot adjacent to the Permittee's
6

property where the development has been permitted. Thus, for purposes of this third party
hearing request, DCM feels that Petitioner is sufficiently directly affected by the permit decision
Petitioner meets the requirements of N.C.G.S. § 113A-121.1(b)(2).
C. Has the Petitioner Demonstrated that the Hearing Request is not Frivolous?
No on I, II and III. Petitioner has not alleged facts which would show that the hearing
request is not frivolous. As stated above, petitioner does not indicate specific rules that she
alleges were violated by the issuance of the permit, but raises three issues.
(I) Regarding the riparian rights issue raised by Petitioner, as shown above, the shoreline
in this instance is irregularly shaped, with many marshes and islands. In such cases, riparian
corridors are more difficult to determine and are left to the experienced judgement of Staff to
achieve the intent of the rule to the "maximum extent practicable." 15A NCAC 7H
.0208(b)(6)(L). In this case, it resulted in ensuring an equitable distribution of the riparian area
for the Permittee, as well as the Petitioners. Three top-level DCM staff considered this issue, and
based on several resources, determined that the proposal as permitted met the rules of the CRC.
Petitioners have not outlined any specifics of how their riparian rights are affected, and only raise
the issue generally. The great lengths and careful consideration by Staff of the riparian corridors
of both Petitioners and Permittees shows that a contested case on the issue would be a waste of
time and frivolous because the issue has already been carefully considered by three top-level
staff. Petitioners do not meet the requirements of N.C.G.S. § 113A-121.1(b)(3) on this issue.
7

(II and III) The other two issues Petitioner raises are private nuisance and trespass
issues, that are not proper for an administrative hearing. As between many neighbors, there may
be issues and disputes that arise. The issuance of a CAMA Permit is a determination that the
requested development is not inconsistent with CAMA or the CRC's rules. DCM Staff are not
authorized to make such determinations of property ownership, trespass, or nuisance, raised by
the Petitioner because they are private actions between the parties. Those issues are properly
decided by the Superior Court of North Carolina, and not an administrative court through the
contested case process. As this is the wrong forum for Petitioner's concerns, he has not met the
burden of demonstrating that the request is not frivolous on these two issues, per N.C.G.S. §
113A-121.1(b)(3).
IV. CONCLUSION
In conclusion, Petitioners did not meet the criteria justifying a contested case hearing.
For the reasons stated herein, the Division of Coastal Management, through its undersigned
attorney, recommends that this Third Party Hearing Request be DENIED by the Chairman.
This the 29th day of March, 2005.
FOR THE DIVISION OF COASTAL
MANAGEMENT
aw6l
Christine A. Goebel
Assistant Attorney General
9001 Mail Service Center
Raleigh,NC 27699-9001
[phone]
(919) 716 -6767 fax
8

CERTIFICATE OF SERVICE
This is to certify that I have served a copy of the attached Recommendation of the
Division of Coastal Management on Petitioner's attorney by causing a copy thereof to be placed
in the United States Postal Service bearing sufficient postage for delivery by first class mail and
addressed as follows:
C. Barrett Graham
Attorney for Robert Casey Estate Trust
610 Arendell Street
Morehead City, NC 28557
This the 29th day of March, 2005.
Christine A. Goebel
Assistant Attorney General
9

RECEIVED
MAR Y 8 2005
DCVZ FORM 5 N.C.ATTORNEY GENERAL
Environmental Division
Wachovia Bank, Trustee Under
PETITIONER'S NAME the Will of Robert G. Casey THIRD PARTY IMARJNG
Carteret REQUEST ON
COUNTY CAMA PERMIT DECISION
FILE NUMBER C,M 1 O 5 - 05
(Petitioner leave this line blank) '
PLEASE TAKE NOTE that the undersigned, a person affected by the decision of(check one):
a Local Permit Officer acting on a CAMA Minor Development Permit
application; or
xx the Division of Coastal Management, Department of Environment and
Natural Resources, acting on a CAMA Major Development Permit
application or CAMA General Permit application issued March 2, 2005
hereby requests permission from the Coastal Resources Commission to file an appeal pursuant to
N.C. Gen. Stat. § 113A-121.1(b) and N.C.Admire. Code tit. 15A,r. 7J.0300 (Please attach a
copy of the permit application decision. If you cannot obtain a copy of the permit application
decision,please provide the name of the permittee, the project location and the permit number.)
Requests are reviewed by the Chairman of the Coastal Resources Comn:Lission to determine
whether a hearing should be granted. The determination of whether to grant a hearing is in the
sole discretion of the Chairman. N.C. Admire Code tit. 15A, r. 71.0301(b).
For this application to be complete, the Petitioner must address each factor listed below on a
separate sheet of paper. You must address these factors before your request will be reviewed.
The Chairman's decision to grant a hearing will be based on whether the Petitioner:
(1) Has alleged that the decision is contrary to a statute or rule [N.C_ Gen. Stat. §
113A-121.1(b)(1)];
(Please cite the statute or regulation allegedly violated by the permit decision.)
(2) Is directly affected by the decision [N.C. Gen. Stat. § 113A-121.1(b)(2)]; and
(Please describe how you are directly affected by the permit decision.
Persons directly affected by a decision include, but are not limited to:
(a) any owner of real property in the vicinity of the property to
be developed who can show that the proposed development
is likely to have a significant adverse effect on the value
and enjoyment of his property; and
(b) any person who can demonstrate a history of substantial
use ofpublic resources in the area directly affected by the

development when the development is within or touches
upon an area subject to the public trust.)
(3) Has alleged facts or made legal arguments that demonstrate that the request for the
hearing is not frivolous [N.C. Geis. Stat. § 113A-121.1(b)(3)],
(Please summarize the evidence or arguments you will present at a
hearing in support of your appeal.)
Based on the attached responses to the above factors, the undersigned hereby requests a third
party hearing_
March 17, 2005
Date Attomey
C. Barrett Graham
Attorney
610 Arendell street
Address
Morehead City, NC 28557
City State Zip
( 252 726-7223
Telephone Number
NOTES: This request must be served on the Director,Division of Coastal Management, at
the address shown on the attached Certificate of Service Form, within twenty(20)
days of the disputed permit decision. N.C. Gen. Stat. § 113A-121.1(b). Failure to
do so constitutes waiver of the right to request a hearing. A copy should also be
sent to the Attorney General's Office,Environmental Division, at the addresses
shown on the attached Certificate of Service Fomn_
Approval of a Third Party Hearin Request allows a petitioner to file a contested
case petition with the Office of Administrative Hearings within twenty(20) days
of receipt of the Chairman's Order. N.C. Gen. Stat. § 113A-121.1(b).
Denial of a Third Party Hearing Request is a final agency decision which may be
appealed to the Superior Court in the county where the property is located under
N.C. Gen. Stat. § 113A-121.1(b)and Chapter 150B,Article 4.

CERTIFICATE OF SERVICE
I hereby certify that this Third Party Hearing Request has been served on the State
agencies named below by depositing copies of it with the United States Postal Service with
sufficient postage for delivery by first class mail or by personally delivering copies to the named
agencies.
Original served on: Director
Division of Coastal Management
1638 Mail Service Center
Raleigh, NC 27699-1638
and a copy served on: Attorney General's Office
Environmental Division
P.O. Box 629
Raleigh, NC 27602-0629
This the day of March 2005
Signature of Petitioner or Attorney
EP/30540/wp
Updated:July 14, 1999

1 . The Petitioner has not been able to identify specific
violations of statutes or rules at this time but
respectfully reserves the right to present any should they
be identified at a later date . However, the Petitioner
believes that the proposed pier and dock may violate her
riparian and littoral rights as defined by the Supreme
Court of North Carolina

2 . The Petitioner is an adjoining property owner whose
interests are directly affected by the permit decision.
The Petitioner is the owner in trust of Lots 33 and 34,
Block 52 , Emerald Isle By the Sea as shown on the CAMA
Application Drawing by Prestige Land Surveying, PA, dated
August 10, 2004 and revised October 7, 2004 .
The length and direction of the proposed pier crosses in front
of the Petitioner' s property. The pier serves the residents
of an entire subdivision plus their guests or tenants and is
accessible to the public. The length and location of the pier
enables those on the pier to look directly into the
Petitioner' s property for indefinite periods of time, thereby
invading the privacy of those occupying Petitioner' s property.
The length and direction of the pier, when combined with the
presence of a dock at its end, will cause persons who use the
pier and dock to carry items with them when crossing the pier.
The presence of significant numbers of persons, both
sightseeing and utilizing the dock, will result in the
presence of trash and debris on or around the pier.
Inevitably, a quantity of this debris will accumulate in the
water and either remain there creating unsightly and unhealthy
conditions or be carried into the surrounding marshes and onto
Petitioner' s property by the movements of the water.

3 . The Petitioner believes that the foregoing activities will
result in pollution and invasion of the privacy of the
current and future owners and occupants of Petitioner' s
property, resulting in loss of enjoyment of the property,
lowered marketability of the property, and diminution of its
value. This appeal is not being undertaken frivolously, but
rather with the intent of protecting the property rights of the
Petitioner.

WESsci.L& RANKY, L.L.P.
A,rro it.-4 NY S A,r LA w
POST U1rirIcn 13oX 1041)
WII.w INGTON, NORTH CAROLINA 28402-1047
.101INC. W1.;`.ti Nl,l„ III .S''rlt Rli.'1`AUI)Ir Isla:
w-4---14)1)o-:1.1,;ot rrII.N)n, 107-13 Nc1 u•rvI 21"f3.1'1t hl�'r
Wr1.M1N1i•rt)N,NC 2&101
Wlr,l.ln11 A. 12nNF:v,.lu.
wnunnr;v®IIK.I,I,tigL"rIl ulcr Ticuu-11nNx:010-702-7475
FACHIMII.I.]I 010-702-7rX,7
March 24, 2005
VIA FAR & U.S. MAIL 919 716-6767
Ms . Christy Goebel
North Carolina Dept . of Justice
9001 Mail Service Center
Raleigh, NC 27699-9001
Re : Third Party Hearing Request
Jerry Cook Pier Permit - Emerald Isle
Dear Ms. Goebel :
We represent Jerry Cook, developer of West End Subdivision at
Emerald Isle, in connection with the Third Party Hearing Request that has
been submitted by Barrett Graham on behalf of Wachovia Bank, Trustee under
the Will of Robert G. Casey.
Mr. Cook contends that the Request fails to meet the criteria
established by G.S. 113A-121.1 (b) and that the Request should be denied.
In support of this position, we submit the following:
1. Has the Petitioner alleged that the decision is contrary
to a statute or rule?
The Petitioner does not identify any statute or rule that
is allegedly violated by the granting of this permit.
Although the Petitioner makes general allegations
concerning riparian rights, the Request does not specify a
rule, statute or any case law that supports such an
allegation. The riparian corridor rule adopted by the
Coastal Resources Commission in 15A NCAC 7H. 0208 (b) (6) (L) ,
when applied to the Petitioner's property in a way most
favorable to Petitioner, would result in a riparian
corridor that is clearly more than 15 feet from any part
of the Applicant ' s proposed pier. Under any possible
drawing of the riparian corridor, there is no conceivable
infringement or setback issue. A line perpendicular to
the channel from the northernmost part of the Petitioner's
claimed ownership would result in a riparian corridor that
is much greater than 15 feet from the proposed pier.

Ms . Goebel
March 24 , 2005
Page 2
2 . Has the Petitioner alleged- that it is directly affected b
the decision?
Although the Petitioner has alleged ways in the which the
pier adversely affects the Petitioner 's interest, none of
the alleged effects are those that are within the
regulatory authority of the Coastal Area Management Act.
Protection of privacy and protection from illegal
littering are not within the purview of the Act.
3 . Has the Petitioner alleged facts or made legal arguments
that demonstrate that the Request for the Hearina is not
frivolous?
Although the objection may not seem frivolous to the
Petitioner, the issue of whether it is frivolous must be
judged in the context of the purposes of the Coastal Area
Management Act. Of the issues raised by the Petitioner,
the only issue that is arguably within the regulatory
authority of the Act is the issue concerning infringement
of riparian rights. As indicated in (1) above, the broad
assertions by the Petitioner are without any support of
statutes, rules or case law. The application of the
riparian rule leaves no doubt that the Applicant complies
with the rule with a wide margin of error to take into
account any possible argument regarding the proper
location of riparian corridors. Thus, the Petitioner has
presented only a frivolous argument on this potentially
legitimate issue.
For the foregoing reasons, the Petitioner respectfully requests
that the Third Party Hearing Request submitted by Barrett Graham be
, denied.
Sincerely,
WESSELL & RANEY, L.L.P.
WAR.jn William A. Raney, Jr.
w.ax\saviron\wse-oso-col

A7*�-A
LTI-NAA
NCDENR
North Carolina Department of Environment and NatLral Resources
Division of Coastal Management
Michael F. Easley,Governor Charles S. Jones, Director William G. Ross Jr.,Secretary
March 21, 2005
Mr. Jerry Cook
PO Box 31063
Raleigh, NC 27622
CERTIFIED MAIL (7004 1350 0001 1207 1794)
RETURN RECEIPT REQUESTED
Re: Suspension of Work/ Appeal of CAMA Permit Decision
Dear Mr. Cook:
The acting Chairman of the Coastal Resources Commission, Courtney Hackney, has received a
request for an administrative hearing to challenge CAMA Major Permit #144-03. The Third
Party Hearing Request was filed on behalf of petitioner, Wachovia Bank, Trustee under the will
of Robert G. Casey on March 21, 2005. Under N.C.G.S. §113A-121.1 (the Coastal Area
Management Act), your CAMA permit is automatically suspended upon receipt of a hearing
request and will remain suspended until either: (1) Chairman Hackney denies the hearing
request (under standards set out in the statute); or (2) there is a final Coastal Resources
Commission decision on the permit appeal. You may not undertake any development under the
permit until further notice after Chairman Tomlinson issues his decision.
The Division of Coastal Management will prepare a recommendation for the Chairman on
whether to grant or deny the hearing request. The Chairman must make a decision within 15
days after receipt of the hearing request. If you wish to submit any materials for the Chairman's
consideration in ruling on the request for contested case hearing, please send them to me as soon
as possible.
Sincerely,
Charles S. Jon
Director
cc: Ted Tyndall
Tere Barrett
Doug Huggett
151-B Hwy. 24, Hestron Plaza Il, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone]\ Internet: www.nccoastalmanagement.net
An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
PO BOX 1890
WILMINGTON NC 28402-1890
February 7, 2005
Regulatory Division
Action ID No. 200500306 t
FEB 0 8 2005
Mr. Doug Huggett Morehead City DCM
Division of Coastal Management
N.C. Department of Environment
and Natural Resources
151-B, Highway 24, Hestron Plaza II
Morehead City,North Carolina 28557
Dear Mr. Huggett:
Reference Jerry A. Cook's 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.
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 vegetated wetlands will be excavated or filled.
3. 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.
4. 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.

• -2-
5. The Permittee must install and maintain, at its expense, any signal lights and signals
prescribed by the U.S. Coast Guard, through regulations or otherwise, on all authorized facilities
constructed within navigable waters of the United States.
6. 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.
7. The authorized structure and activity will not cause an unacceptable interference with
navigation.
8. 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.
9. This Department of the Army permit does not obviate the need to obtain other Federal,
State, or local authorizations required by law.
10. 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.
11. 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.
12. In issuing this permit, the Federal Government does not assume any liability for:
a. Damages to the permitted project or uses thereof as a result of other permitted or
unpermitted activities or from natural causes.
b. Damages to the permitted project or uses thereof as a result of current or future
Federal activities initiated on behalf of the general public.
c. Damages to other permitted or unpermitted activities or structures caused by the
authorized activity.

-3-
d. Design and construction deficiencies associated with the permitted work.
e. Damage claims associated with any future modification, suspension, or revocation
of this permit.
13. The Permittee will maintain the authorized work in good condition and in
conformance with the terms and conditions of this permit. The Permittee is not relieved of this
requirement if he abandons the permitted activity without having it transferred to a third party.
14. The West Indian manatee (Trichechus manatus),which is listed as a federally
endangered species, has been reported in the tidal waters in Carteret County. In order to protect
the West Indian manatee all work should be done during the period from November 1 to May 31.
If work must be done during the period from June through October the enclosed guidelines,
entitled"Precautions for General Construction in Areas Which May Be Used by the West Indian
Manatee in North Carolina" must be followed.
In addition, the permittee shall notify
NOAA/NATIONAL OCEAN SERVICE
Chief Source Data Unit
Attention: Sharon Tear N CS261
1315 E West HWY RM 7316
Silver Spring, MD 20910-3282
at least two weeks prior to beginning work and upon completion of work.
Should you have any questions or comments,please contact the undersigned at (910) 251-
4930.
Sincerely,
Henry Wicker
Project Manager
Wilmington Regulatory Field Office
Enclosure

1
-4-
Copies Furnished(without enclosure):
Ms. Tere Barrett, District Manager
Morehead City Regional Office
N.C. Division of Coastal Management
151-B, Highway 24, Hestron Plaza II
Morehead City,North Carolina 28557

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT,CORPS OF ENGINEERS
PO BOX 1890
WILMINGTON NC 28402-1890 =
January 5, 2005
Regulatory Division
IQ
Action ID No. 200500306 JAN 0 7 2005
Jerry A. Cook Morehead City DCM
Post Office Box 31063
Raleigh, North Carolina 27622
Dear Mr. Cool_:
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 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, 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
begin work.
Your application, pursuant to Section 10 of the Rivers Harbors Act and Section 404 of the
Clean Water Act, has been assigned Action ID No. 200500306 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

-2-
Copies Furnished(without enclosure):
Mr. Doug Huggett
Division of Coastal Management
C. Department of Environment
; and Natural Resources
151-B, Highway 24 Hestron Plaza II
Morehead City,North Carolina 28557
Mr. Tere Barrett, District Manager
Morehead City Regional Office
N.C. Division of Coastal Management
151-B,Highway 24 Hestron Plaza II
Morehead City,North Carolina 28557
l

WA
ri
FqCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
January 5, 2005
West End S/D
c/o Jerry Cook
P.O. Box 31063
Raleigh,NC 27622
Dear Mr. Cook:
This letter is with reference to your application for a Coastal Area Management Act
Major Development permit to replace an existing commercial structure waterward of the normal
high water line, replace existing docking facilities, dredge an existing boat basin, and refurbish
an existing parking area in Brunswick County at Lot 16 Riverview Drive, Calabash, NC
Although processing of the application is nearing completion, additional time is needed
for this office to complete the review and make a decision on your request. Therefore, it is
necessary that the standard review time be extended. An additional 75 days is provided by G.S.
113A-122(c) which would make March 13, 2005 the new deadline for reaching a decision on
your request. However, we expect to take action prior to that time and will do so as soon as
possible. In the interim, if you have any question on the status of your application, do not
hesitate to contact me by phone [phone]) or e-mail ([e-mail]).
�ry sincerely,
4& V, tfAv=—
Doug Huggett
Major Permits & Consistency Coordinator
cc: DCM, Morehead City
151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT,CORPS OF ENGINEER
• ���g// PO BOX 1890
WILMINGTON NC 28402-1890
P9DEC 2 3 2004
Regulatory Division
g y Morehead City DCM
Action ID. 20O 603 L� Applicant: rru A_ Co6�(
Waterway: d u County: Type Work: ,e—
Mr.Ron Sechler Commanding Officer
National Marine Fisheries United States Coast Guard
Service,NOAA 431 Crawford-Street
Pivers Island Portsmouth,Virginia 23704
Beaufort,North Carolina 28516
Mr.Ronald J.Mikulak, Chief Without enclosures
Wetlands Section-IV
Water Management Division Mr.Doug Huggett
U.S.Environmental Protection Agency Division of Coastal Management
61 Forsyth Street, SW NC Dept of Environment and
Atlanta, Georgia 30303 Natural Resources
151-13, NC Hwy 24
Mr.Pete Benjamin,Field Supervisor Morehead City, North Carolina 28557
Fish and Wildlife Enhancement
U.S.Fish and Wildlife Enhancement {� r
Post Office Box 33726 Mw4i eA4d Regional Office
Raleigh,North Carolina 27636-3726 Division of Coastal Management
NC Department of Environment,Health
Commanding Officer and Natural Resources _ ��
United States Coast Guard S I- 13A I A Z H.)
Marine Safety Office 7
721 Medical Center Drive Suite 100
Wilmington,NC 28401 Mr.David Rackley
National Marine Fisheries Service,NOAA
219 Forth Johnson Road
Gentlemen: 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
L
P
Questions or comments may be addressed to the undersigned, available at telephone
[phone].
Sincerely,
Hen y icker,Project Manager
Wilmington Regulatory Field Office
Enclosure
1

State of North Carolina
Department of Environment
and Natural Resources
Division of Environmental Health
Michael F. Easley, Governor
NCDENR
William G. Ross, Jr., Secretary NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Terry L. Pierce, Director
MEMORANDUM November 17, 2004
TO: Doug Huggett, DCM Major Permits Processing Coordinator
FROM: Lees Sabot;I
Shellfish Sanitation and Recreational Water Quality Section
SUBJECT: West End Subdivision, c/o Jerry Cook: 10 slip dock
The proposed community dockage facility is located in waters open to the
harvest of shellfish. This area has consistently met water quality standards, and
is classified as Outstanding Resource Waters by the Division of Water Quality.
The subject 10-slip dockage facility would not cause closure of open shellfishing
waters in accordance with 15A NCAC 18A.0911 MARINAS: DOCKING
FACILITIES: OTHER MOORING AREAS. However, if greater than ten vessels
were to use the facility for temporary or permanent dockage, appropriate
closures to open shellfishing waters would be recommended.
It can be anticipated that this 10-slip facility will not provide adequate dockage
space for the residents in this 23-lot waterfront subdivision. The applicant's
Declaration of Covenants and Restrictions for West End Subdivision, West End
Partnership, LLC, states that individual residents will be restricted from building
private docks, and that the applicant as Declarant, retains rights to future
construction of additional community piers and docks. It is requested that the
applicant divulge total water dependent structure plans for the subdivision in
subsequent applications, so that assessment regarding the possible need to
classify the West End Subdivision's combined community docks as a marina can
be made.

NCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor Division of Marine Fisheries Preston P. Pate Jr., Director
William G. Ross Jr., Secretary
Memo
To: Doug Huggett
Major Permits Processing Coordinator
From: Patricia L. Murphey
Marine Biologist Supervisor
Thru: Mike Marshall Nyvl�
Central District Manager
Date: 11/12/2004
Re: West End Subdivision,c/o Jerry Cook. CAMA/DREDGE&FILL Permit Application
Review
The NC Division of Marine Fisheries (NCDMF) is concerned about the construction
of 600' of pier shading 3,600 square feet of vegetation. However the division understands that
the restrictive covenants for the subdivision prohibits individual docks and piers and
recognizes this minimizes cumulative effects of multiple docks. The NCDMF does
recommend that the pier be built at a minimum height of 3' or more above the substrate. The
NCDMF also is concerned about the construction of the 154' long boating dock/platform area
with 10 boat slips. Division staff visited the site and found the area of the proposed boat slips
to be in a high current area with the bottom consisting of soft sandy sediment with some shell
hash. The NCDMF is concerned about how the habitat in this area may change after the
relocation of Bogue Inlet, especially if changes result in sediment accretion. These changes
may result in the need for future dredging into what may become SAV habitat and or shellfish
habitat.
NorthCarohna
3441 Arendell Street,P.O.Box 768,Morehead City,North Carolina 28557 Naturally
Phone: [phone] FAX: [phone] Internet:www.ncdmf.net
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 Charles S. Jones, Director William G. Ross Jr., Secretary
MEMORANDUM
To: Doug Huggett,Major Permits Processing Coordinator �J
From: Maureen Meehan,DCM Morehead City District Planner,) LO
Date: November 10,2004
Subject: Major Permit Application,Requested West End Subdivision c/o Jerry cook to create community
access to Bogue Sound by constructing a pier,covered gazebo,and floating dock with 10 boat
slips, 5 finger piers,and 13 tie up pilings, located at the intersection of Coast Guard Rd and Old
Coast Guard Rd,adjacent to Bogue Sound and Coast Guard Channel,Town of Emerald Isle,
Carteret County,North Carolina.
LUP Consistency Determination: The proposal is Consistent With&Not in Conflict with the 2004 Town
of Emerald Isle Land Use Plan certified by the CRC on October 27,
2004,provided that all applicable local, state,and federal
development guidelines are met.
Overview:
Areas of Environmental Concern (AEC's) impacted by the proposal include Estuarine Shoreline, Estuarine
Waters, Public Trust Waters, and Coastal Wetlands. The Waters at the project site are classified as SA-
ORW and are open to the harvesting of shellfish. The area is not a Primary Nursery Area.
The Town of Emerald Isle Land Classification Map designates the subject property AECs as"Conservation".
Development within the designated AECs is limited by CAMA regulations and development guidelines.
Applicable or related policy includes the following:
"The Town endorses the CAMA use standards, which may be minimum requirements, and the
development permit system as an effective tool for conserving coastal wetlands. Through
enforcement of local ordinances, the Town will ensure that land use and development are
consistent with conservation of coastal wetlands. The Town will allow only land uses in coastal
wetlands that require water access and cannot function elsewhere. Examples of acceptable uses
are utility easements, piers, and docks. Where such uses are permitted, the Town will require
them to be developed in such a manner that the impact on coastal wetlands is minimized."
(Land Use Compatibility Policies 2.1.1 and 2.1.2,pg. 70)
"The Town will only allow uses in estuarine waters that are compatible with the protection and
conservation of their biological and community values. Only development associated with
water-dependent uses is allowed. Examples of appropriate development may include public
access facilities, docks and piers, or erosion control structures." (Land Use Compatibility
Policies,2.4 and 2.4.1,pg. 71)
Cc: Tere Barrett,DCM Morehead City District Manager
151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557
Phone: [phone] FAX [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F.Easley, Governor Charles S. Jones, Director William G. Ross Jr.,Secretary
October 20, 2004
MEMORANDUM: I
TO: Mr. Dan Sams NOV 0 1 2004
For Mr. James Simmons
Division of Land Resources Morehead City DCM
FROM: Doug Huggett
Major Permits,Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: West End Subdivision, c/o Jerry Cook
Project Location: Carteret County: The 22.5-acre tract at or near intersection of Coast Guard Rd &
Old Coast Guard Rd. adjacent to Bogue Sound&Coast Guard Channel in Emerald
Isle,NC.
Proposed Project: The applicant proposes to create a community Bogue Sound access for the 23
single-family lots within West End S/D. This involves the construction of a pier,
high ground gazebo, and a floating dock with 10 boat slips, 5 finger piers, and 13
tie up pilings.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
November 10, 2004. If you have any questions regarding the proposed project, please contact Roy
Brownlow at(252) 808-2808. When appropriate,in-depth comments with supporting data are requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
L This agency approves of the project only if the recommended changes are
incorporated. See attached.
r�qUi{a�
This agency objects to the project for reasons(described in the attached comments.
D cr Z7, Z604
SIGNED 151- wy. 24. Hestron Plaza IIPAcMead City, North Carolina 28557
Phone: [phone]\FAK 252-247-3330\ Internet: www.nccoastalmanagement.net
An Equal 0pper,.,,ty\A`irma:lve Acton Employer—50%Ra:yc'ad ,10`o Pcs;Cens T,, Paper

A�
"i
r
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. IaLin, _Director William G. Ross Jr.,Secretary
October 20, 2004V ' J`)'
004 ENS'/Cc
�
MEMORANDUM: OCT 2 7 2 OCT 2 6 2004
TO: Ruth Leggett M®rehead City [)CMIV,o co,, qt
Division of Community Assistance WFJGHH
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE &FILL Permit Application Review
Applicant: West End Subdivision, c/o Jerry Cook
Project Location: Carteret County: The 22.5-acre tract at or near intersection of Coast Guard Rd &
Old Coast Guard Rd. adjacent to Bogue Sound&Coast Guard Channel in Emerald
Isle, NC.
Proposed Project: The applicant proposes to create a community Bogue Sound access for the 23
single-family lots within West End S/D. This involves the construction of a pier,
high ground gazebo, and a floating dock with 10 boat slips, 5 finger piers, and 13
tie up pilings.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
November 10, 2004. If you have any questions regarding the proposed project, please contact Roy
Brownlow at(252) 808-2808. When appropriate, in-depth comments with supporting data are requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED DATE
151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalma^agement.net
An Equal Opportunity 1 Affirma'ive Action Empioyer-50%Recyc'ed 1 10%post Cons;T Paper

OCT 25 2001 11 : 00RM HP LASERJET 3200 p. 1
�FA
�vvV
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F.Easley,Governor Charles S.Jones, Director William G.Ross Jr.,Secretary
October 20, 2004
MEMORANDUM:
TO: Local Permit Officer
Town of Emerald Isle
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE&FILL Permit Application Review
Applicant: West End Subdivision,c/o Jerry Cook
Project Location: Carteret County: The 22.5-acre tract at or near intersection of Coast Guard Rd&
Old Coast Guard Rd.adjacent to Bogue Sound&Coast Guard Channel in Emerald
Isle,NC.
Proposed Project: The applicant proposes to create a community Bogue Sound access for the 23
single-family lots within West End S/D. This involves the construction of a pier,
high ground gazebo,and a floating dock with 10 boat slips, 5 finger piers,and 13
tie up pilings.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
November 10, 2004. If you have any questions regarding the proposed project, please contact Roy
Brownlow at(252) 808-2808.When appropriate,in-depth comments with supporting data are requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED DATE IG Z�"
151-B Hwy, 24, Hestron Plaza II, Morehead City, North Carolfia 28557
Phone: [phone] FAX: [phone] internet: www.nxoaslalfranagement.net
An Equal Opportunity 1 Affirmative Action Employer-5c%Recycled 110%Pcst Consime,Paper

f
A7j�ILA
NOV 0 12004
�
North Carolina Department of Environment and Natural Resq�ll' ON
Division of Coastal Management COASTAL A, AGEMEIN i
Michael F. Easley, Governor Charles S. Jones, Director William G.Ross Jr.,Secretary
October 20, 2004 RE C EIVED
O C T 2 5 2004 2�
MEMORANDUM:
BY:
TO: Linda Lewis
Noel Lutheran
Division of Water Quality
FROM: Doug Huggett
Major Permits Processing Coordinator NOV U 4 2004
SUBJECT: CAMA/DREDGE & FILL Permit Application Revie10orehead City DDM
Applicant: West End Subdivision, c/o Jerry Cook �1/�
Project Location: Carteret County: The 22.5-acre tract at or near intersection of Coast Guard Rd &
Old Coast Guard Rd. adjacent to Bogue Sound&Coast Guard Channel in Emerald
Isle,NC.
Proposed Project: The applicant proposes to create a community Bogue Sound access for the 23
single-family lots within West End S/D. This involves the construction of a pier,
high ground gazebo, and a floating dock with 10 boat slips, 5 finger piers, and 13
tie up pilings.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
November 10, 2004. If you have any questions regarding the proposed project, please contact Roy
Brownlow at(252) 808-2808. When appropriate, in-depth comments with supporting data are requested.
REPLY: This agency has no objection to the project as proposed. SSU Q'l5sA)g
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 T
I I;n f��oT�f I&A
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal opportunity 1 Affirma'ive Action Employer—50%Recycled 110%a Pcst Consurne•Paper

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr.,Secretary
October 20, 2004
MEMORANDUM:
TO: Maureen Meehan, District Planner
Division of Coastal Management
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE &FILL Permit Application Review
Applicant: West End Subdivision, c/o Jerry Cook
Project Location: Carteret County: The 22.5-acre tract at or near intersection of Coast Guard Rd &
Old Coast Guard Rd. adjacent to Bogue Sound&Coast Guard Channel in Emerald
Isle, NC.
Proposed Project: The applicant proposes to create a community Bogue Sound access for the 23
single-family lots within West End S/D. This involves the construction of a pier,
high ground gazebo, and a floating dock with 10 boat slips, 5 finger piers, and 13
tie up pilings.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
November 10, 2004. If you have any questions regarding the proposed project, please contact Roy
Brownlow at(252) 808-2808. When appropriate,in-depth comments with supporting data are requested.
REPLY: This office has no objection to the project as propose Gym, ��c j
This office has no comment on the proposed project.
This office approves of the project only if the recommended changes are
incorporated. See attached.
This office objects to the project for reasons described in the attached comments.
SIGNED DATE tl I I 5 I vq
151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557
Phone: [phone]\ FAX. [phone]\ Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirma'ive Action Employer—5C,.Recycled\10°o Fos!Consume'Paper

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr.,Secretary
October 20, 2004
T
MEMORANDUM: D F U
D ' 3]
V —
NOV 2 2 2004
TO: Joe Henderson OCT 2 2 2004
State Property Office Morehead City DCM
FROM: Doug Huggett I DOA STATE PROPERTY OFFICE
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE &FILL Permit Application Review
Applicant: West End Subdivision, c/o Jerry Cook
Project Location: Carteret County: The 22.5-acre tract at or near intersection of Coast Guard Rd &
Old Coast Guard Rd.adjacent to Bogue Sound&Coast Guard Channel in Emerald
Isle,NC.
Proposed Project: The applicant proposes to create a community Bogue Sound access for the 23
single-family lots within West End S/D. This involves the construction of a pier,
high ground gazebo, and a floating dock with 10 boat slips, 5 finger piers, and 13
tie up pilings.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
November 10, 2004. If you have any questions regarding the proposed project, please contact Roy
Brownlow at(252) 808-2808. When appropriate, in-depth comments with supporting data are requested.
REPLY: his agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED l YJ� ATE
151-B Hwy. 24, Hestron Plaza II, Morehead Cit , No Car ling 28557
Pho e: 252-808-28081 FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirma'ive Action Employer—50%Recyc'ed 110°o Fcst Consume.Paper

RECENED M W R
Noy 16 2004
ANUA � �MENT
0 _� W .OF COASTALIGH
NCDENR
North Carolina Department o nvironment and Natural Resources
Division offoastal Managerr#ettMichael F. Easley, Governor CharlesS. Jones, Direetorf <' Y ,William G. Ross Jr.,Secretary
October 20, 2004 �"'��V 1 8 Zp04
M0rlZ.#,1 aj4 OCT 2004
..
MEMORANDUM:
TO: Renee Gledhill-Early Hd8)OW,%ESEWATCA OFFICIF
NC Department of Cultural Resources �'(7 a (� 2897
FROM: Doug Huggett (���d
Major Permits Processing Coordinator PVe
SUBJECT: CAMA/DREDGE & FILL Permit Application Review .62 MA-�A
Applicant: West End Subdivision, c/o Jerry Cook L1
Project Location: Carteret County: The 22.5-acre tract at or near intersection of Coast Guard Rd &
Old Coast Guard Rd. adjacent to Bogue Sound&Coast Guard Channel in Emerald
Isle, NC.
Proposed Project: The applicant proposes to create a community Bogue Sound access for the 23
single-family lots within West End S/D. This involves the construction of a pier,
high ground gazebo, and a floating dock with 10 boat slips, 5 finger piers, and 13
tie up pilings.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
November 10, 2004. If you have any questions regarding the proposed project, please contact Roy
Brownlow at(252) 808-2808. When appropriate, in-depth comments with supporting data are requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED #I DATE
151-B Hwy. 24, Hestron Plaza Morehead City, NortII Carolina 28557
Phone: [phone] FAX: 252-24 - 3301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirma'ive Action Employer-50%Recyc:ed 1 10%Fcst Cons,:me-Paper NOV 0 1 2004

r d� �'
[ ,.
Ai'i
r
9
NCDENR s 20 NO VO4
North Carolina Department of Environment and NaturAlftefiEe�s
Division of Coastal Management �"` fir 0CM
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr.,Secretary
October 20, 2004
MEMORANDUM:
TO: Patti Fowler �`-
Shellfish Sanitation OCT 2
FROM: Doug Huggett SH
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE &FILL Permit Application Review
Applicant: West End Subdivision, c/o Jerry Cook
Project Location: Carteret County: The 22.5-acre tract at or near intersection of Coast Guard Rd &
Old Coast Guard Rd. adjacent to Bogue Sound&Coast Guard Channel in Emerald
Isle, NC.
Proposed Project: The applicant proposes to create a community Bogue Sound access for the 23
single-family lots within West End S/D. This involves the construction of a pier,
high ground gazebo, and a floating dock with 10 boat slips, 5 finger piers, and 13
tie up pilings.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
November 10, 2004. If you have any questions regarding the proposed project, please contact Roy
Brownlow at(252) 808-2808. When appropriate, in-depth comments with supporting data are requested.
Lit
4 JL
REPLY: lis 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.
SIGNE � r ttt 40JvA DATE 11 ' 1 -7 ' 0
151-B Hwy. Y4, Hestron Plaza II, Morehead City, North Carolina 28557
Phone: [phone]\FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal Opporlunity\Aff.&3'ive Action Emplo jer—50%Recyc'ed\104o Post Consume"Paper

if
Z5
RCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., secretary
October 20, 2004
KMF-2
MEMORANDUM:
OGj TO: Mr. Preston P. Pate, Jr., Director
Division of Marine Fisheries
FROM: Doug Huggett
Major Permits Processing Coordinator
2004
SUBJECT: CAMA/DREDGE & FILL Permit Application Review NoV 12 t
Applicant: West End Subdivision, c/o Jerry Cook }
Project Location: Carteret County: The 22.5-acre tract at or near intersection of Coast Guard Rd &
Old Coast Guard Rd. adjacent to Bogue Sound&Coast Guard Channel in Emerald
Isle,NC.
Proposed Project: The applicant proposes to create a community Bogue Sound access for the 23
single-family lots within West End S/D. This involves the construction of a pier,
high ground gazebo, and a floating dock with 10 boat slips, 5 finger piers, and 13
tie up pilings.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
November 10, 2004. If you have any questions regarding the proposed project, please contact Roy
Brownlow at(252) 808-2808. When appropriate, in-depth comments with supporting data are requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED Mx-. " 45K /Y a"- _ DATE 21.6
151-B Hwy. 24, Hestron Plaza II, Morehead City, North aroli 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity\Affirma'ive Action Employer-50%Recyc'ed\10%0 Fcs;Consurr Paper

. ' T
RECEIVED
O C T 2 5 2004
NCDENR BY:
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr.,secretary
October 20, 2004
MEMORANDUM: PI ar
DEC 0 8 2004 IAv` 5501t
TO: Linda Lewis 1
Noel Lutheran Morehead City �CrM
Division of Water Quality y
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE &FILL Permit Application Review
Applicant: West End Subdivision, c/o Jerry Cook
Project Location: Carteret County: The 22.5-acre tract at or near intersection of Coast Guard Rd &
Old Coast Guard Rd. adjacent to Bogue Sound&Coast Guard Channel in Emerald
Isle, NC.
Proposed Project: The applicant proposes to create a community Bogue Sound access for the 23
single-family lots within West End S/D. This involves the construction of a pier,
high ground gazebo, and a floating dock with 10 boat slips, 5 finger piers, and 13
tie up pilings.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
November 10, 2004. If you have any questions regarding the proposed project, please contact Roy
Brownlow at(252) 808-2808. When appropriate, in-depth comments with supporting data are requested.
REPLY: This agency has no objection to the project as,,pproposed. 11f"
(A qol Igw;ra. 4/0 i.s►Sueol 1:vc.Wi eos1Y {•o✓ loud c/n s tiirgs"J
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.
C xc V A 1t ` "ZZ L-
SIGNED -- - `�� --- I lI lAore i
Phone: [phone]\FAX: [phone]\ Internet: www.nccoastalmanagement.net
An Equal Opportunity\Affirma'Ive Action Employer-50%Recycled\101%Fcs;Consurn_•Paper

ALn_iilil;WA_____
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley,Governor Charles S.Jones,Director William G. Ross Jr.,Secretary
MEMORANDUM
TO: DOUG HUGGETT
FROM: ROY BROWNLOW
THROUGH: M. TED TYNDALL; TERE BARRETT
SUBJECT: COMMENTS & RECOMMENDATIONS -CAMA MAJOR PERMIT-
West End Subdivision Pier Proposal
DATE: 19 October 2004
The following are my comments and recommendations regarding the above referenced proposal.
This application is for the proposed community Bogue Sound access for the 23 single-family lots within
West End Subdivision off Coast Guard Road in Emerald Isle, Carteret County. The proposed project
involves the construction of a pier, high ground gazebo, and a floating dock with 10 boat slips and 5
associated finger piers and 13 tie-up pilings. The proposal is consistent with the rules governing
development in the Coastal Wetlands,Coastal Shoreline, Estuarine Waters,and Public Trust Areas AECs
set forth in15A NCAC 07H .0205, .0206 .0207, .0208, .0209, and as such I recommend the permit be
issued as requested contingent upon the following conditions:
1) All proposed development and associated construction must be done in accordance with the
permitted work plat drawings, as referenced on the face of the issued permit.
2) No sewage,whether treated or untreated, shall be discharged at any time from any boats using
the docking facility. Any sewage discharge at the docking facility shall be considered a violation
of this permit for which the permittee is responsible. This prohibition shall be applied and
enforced throughout the entire existence of the permitted structure.
3) The authorized structures and associated activity must not cause an unacceptable interference
` with navigation, and shall not exceed one-fourth the width of the waterbody.
;4) This permit authorizes only the docks, piers,and other structures and uses located in or over the
water that are expressly and specifically set forth in the permit application. No other structure,
whether floating or stationary, may become a permanent part of this docking facility without
permit modification. No non-water dependent uses of structures may be conducted on, in or
over public trust waters without permit modification.
JAny portion of the permitted access pier and docking facilities built over coastal wetlands must not
exceed six feet in width and must be elevated a minimum of three feet over the wetland substrate as
measured from the bottom of the decking.
151-13 Hwy.24, Hestron Plaza II, Morehead City,North Carolina 28557
Phone: [phone]\FAX: [phone]\Internet: www.nccoastalmanagement.net
An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper

West End Subdivision Pier Proposal
Jerry Cook, Property Owner
c/o John Odum, Prestige Land Surveying, P.A.
Page 2 of 3
6) 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.
7) The permittee must 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 should be attached to the structure in order to make it more visible during hours
of darkness or inclement weather.
8) This permit authorizes a maximum of ten (10) boat slips. At no time shall more than ten (10)vessels
be moored or docked at the facility. The restriction of the number of vessels shall apply to all marine
vessel types, including but not limited to motorboats, sailing vessels and personal watercraft.
9) All development over or within wetlands must not adversely impact, damage the marsh or alter,
including `rutting,'the marsh substrate.
10) All applicable federal, state,and local rules and regulations are considered as specifications for
this project and shall take precedence over anything shown, described, or implied with the
permitted work plat drawings, as referenced on the face of the issued permit.
11) The permittee will maintain the authorized work in good condition and in conformance with the terms
and conditions of this permit. The permittee is not relieved of this requirement if he abandons the
permitted activity without having it transferred to a third party.
NOTE: Any proposal to add one or more additional boat slips to the authorized 10 slip facility 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).
NOTE: It is strongly recommended that the permittee exercise better management practices in the
construction of the pier over the marsh and utilize all available precautions and methods(i.e., logging
mats)to prevent damage, adverse impacts, or alteration of the marsh substrate.
NOTE: Permanent reflectors should be attached to the structure in order to make it more visible during hours
of darkness or inclement weather.
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: The project site is located in an area having a high probability of containing cultural resources,such as
Native American settlement remains. If such materials are encountered, the permittee must
immediately stop work and notify the District Engineer, Wilmington Branch, U.S. Army Corps of
Engineers at [phone], and the N.C. Division of Coastal Management at [phone].
T:\ROY\West End Pier Pronnsal Maior\West End Permit Rerommendations.dor

West End Subdivision Pier Proposal
Jerry Cook, Property Owner
c/o John Odum, Prestige Land Surveying, P.A.
Page 3 of 3
NOTE: The permittee is advised that any development or land disturbing activity that is considered non-water
dependent is not authorized within 30 feet of the normal high water level unless specifically exempted
by Coastal Resource Commission (CRC) regulations in place at the time of such development.
NOTE: There is no parking area proposed or authorized by this permit.
TARO`MPst End Pier Pmnosal Maior\west End Permit RBCommP.ndatlons.dor

FEE DCM% DWQ
Development Type (14300 1601 435100093 1625 6253) (24300 1602 435100095 2341)
I. Private,non-commercial
development that does not involve $250 100%($250) 0%(SO)
the filling or excavation of any
wetlands or open water areas:
'1
II. Public or commercial development 000,01,
that does not involve the filling or $400 100%($400) 0%(SO)
excavation of any wetlands or open
ater areas:
III. For development that involves the
filling and/or excavation of up to 1
acre of wetlands and/or open water
areas,determine if A,B,C,or D
below applies:
III(A). For Private,noncommercial
development,If General water Quality $2 0 100%($250) 0%($0)
Certification No.3301 (see attached)
can be applied:
III(B): For public or commercial
development,if General water Quality $400 100%($400) 0%($0)
Certification No.3301(see attached)
can be applied:
III(C). If General Water Quality
Certification No.3301(see attached)
could be applied,but DCM staff
determined that additional review and $400 60%($240) 40%($160)
written DWQ concurrence is needed
because of concerns related to water
quality or aquatic life:
III(D). If General Water Quality
Certirication No.3301(see attached) $400 60%($240) 40%($160)
can not be applied:
IV. For development that involves
the filling and/or excavation of more $475 60%($285) 40%($190)
than one acre of wetlands and/or
open water areas:

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 October 14, 2004.
According to said application, Jerry A. Cook has applied to construct a pier, gazebo, and ten (10)
boat slips at West End Subdivision, off Coast Guard Road in Emerald Isle within the Coastal
Shoreline, Estaurine Waters, and Public Trust Areas of Environmental Concern in Bogue Sound,
Carteret County.
A copy of the entire application may be examined or copied at the office of Roy
Brownlow, NC Division of Coastal Management, located at 151-B Hwy. 24, Hestron Plaza II,
Morehead City, NC, [phone] during normal business hours.
Comments mailed to Charles S. Jones, Director, Division of Coastal Management,
Hestron Plaza II, 151-B Hwy 24, Morehead City, N.C. 28557, prior to November 10, 2004, will
be considered in making the permit decision. Later comments will be accepted and considered
up to the time of permit decision. Project modification may occur based on review and comment
by the public and state and federal agencies. Notice of the permit decision in this matter will be
provided upon written request.
PUBLISHED ON: WEDNESDAY, OCTOBER 20, 2004

�K P. 01
TRANSACTION REPORT
OCT-18-2004 MON 03:43 PM
DATE START RECEIVER TX TIME PAGES TYPE NOTE M# DP
OCT-18 03:41 PM 97266016 48" 3 SEND OK 300

Q •a COPY
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
18 October 2004
Prestige Land Surveying, P.A.
c/o Mr.John Odum
for Mr.Jerry A. Cook
501 W.B. McLean Blvd
Cape Carteret, NC 28584
Dear Mr. Odum (John):
The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for
development of Mr. Jerry A. Cook's property located at West End Subdivision off Coast Guard Road in Emerald Isle,
Carteret County . It was received on 14 October 2004, and appears to be adequate for processing at this time. The
projected deadline for making a decision is 23 December 2004. An additional 75-day review period is provided by
law when such time is necessary to complete the review. If you have not been notified of a final action by the initial
deadline stated above, you should consider the review period extended. Under those circumstances, this letter will
serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day.
If this agency does not render a permit decision within 70 days from 14 October 2004, you may request a meeting
with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a
meeting will be held within five working days from the receipt of your written request and shall include the property
owner, developer, and project designer/consultant.
NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development.
Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed
development. You should post this notice at a conspicuous point along your property where it can be observed from
a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-
way fronting your property, or at a point along the road right-of-way where a private road would lead one into your
property. Failure to post this notice could result in an incomplete application.
An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate
State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive
a copy of my field report and/or comments from reviewing agencies.
r Sincerely,
Roy Brownlow
Coastal Management Representative
Enclosure
cc: Mr. Jerry A. Cook, Property Owner
Ted Tyndall, Assistant Director
Doug Huggett, Major Permits Coordinator
Tere Barrett, District Manager
151-13 Hwy.24, Hestron Plaza II, Morehead City, North Carolina 28557
Phone: [phone]\FAX: [phone]\Internet: www.nccoastaimanagement.net
An Equal Opportunity 1 Affirmative Action Employer-501a Recycled\10%Post Consumer Paper

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(Endorsement Required) Rtn Recpt (Green Card) $1.75
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(Endorsement Required) ' Label Serial #: 70022410000657951568
Total Postage&Fees $
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Issue PVI: $5.11
O ant To
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to CERTIFIED , - T. Change Due: -$0.61
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Bill#: 1000200245289
Clerk: 06
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Postage $ .N.,36 , Refunds for guaranteed services only.
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■ Complete items 1,2,and 3.Also complete A. Signature r :d
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■ Print your name and address on the reverse ❑Addressee
so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery
• Attach this card to the back of the mailpiece, D�D
or on the front if space permits. Z Z
D. Is delivery address different from item 1? ❑Yes �
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4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number
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COMPLETESENDER:COMPLETE THIS SECTION
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■ Print your name and address on the reverse X Agent
so that we can return the card to you. ❑Addressee y�
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SENDER: • •N COMPLETE THIS SECTIONON• •--3
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item 4 if Restricted Delivery is desired. ❑Agent tT1 n
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---__._--•_[��i�r_'l'"Y P' :;o�.rlr> --------.—__._c:��i�e'„��:,1�K._��o,_,.�.�a=:�—_ �j-15
Tan Ut No. F:trcn!idcntifita inn. �)a � � i'", J'y ��.• /
CoIJill).ov f e Cray i•!
c,t
:ai!aaer recording to Ginnie'=
•t':::i inilruml-itt v.'IS prepared b`,' Charies L. FUllOn 01 i' flP011 Skirmer. It A.
I'.r:C:Cl,r;:riprtG t or live i:kitin 10 areas Coast Guard 1'natl ar.1%ict I}II'v^
"l' made �l- 1 ' / __ __ t^98, by and bet-veen .
' Ills tJ..F;? m:..i_ ti;i:; 1:��_.._dt.y o, _��;��F- .— .
Svc "ea Fifty tti: :-'ssoci tes, a Iv�rth CarohRa�t.imlted hartvershih. Of.
Svc and ier'r A.
'lid wife i4t tritver S' Gook �i:ante:, u:ltase mailir•l: adrres; is: ?215 ,::.ilea~ privc-
::zit 'h."North Caroiira 27607.
CJI 1'N! SSE t.that the Gia imr, for a valuable consid.ration paid by the v'r..:tee, the,mceipt of
xhich is i!crci:y acki-owledged, has and by these presents j,.)cS grar-t, bar�_ir!, sell mcd cCTri';^y
unto Yl`e GrIT11(1; in, i-c simple, ali that certain In � of land ! :,I, -^'� e`
p: t ur parcel d situr:u,c, I;...�rzid is!_
ihir,ca_ 2rez C'ovnav,Norih Carolina and more particuli-Ay dZscribcri
:Sr;L:1�t�llliit at a point wlic.re tht.cetlter llric. of Cowt Guam Ro?d t_as relocated
to th-I'Catian sha;t'!l oil the map of btlyndtrec II recorded in Map Book 25, pa!;c
19, Caf19." County i;egistry) intersects :with the center line of L•lle: Drive as
recorded in 1�'tap Bonk 8,page 63,Carteret County Registry:rr^s tht;ncc with the
common line ofBiock 5I and 52 Nortii 5°30'West to a point in the renter line of
the Intracoastal Waterway located in Bogue Sound, which is the nor hem',corner
of Biocl: 52 and the rorthw%:st corner of.7lock 51: runs thence Li an easledy
direction :••'iflt Nile ccrt,r liric of the ltltr'icoastai i;':4tS:Ct'vG=;"o a voi:1t in 'h' En'st
Iilocl< line of Block 51 at the northwest corner of J;1nc:e S0, this point being, a
pt:rpcndicular distance of 1100 feet from the'+Jesterr.Nock line of 3; 1mk 5 i s rims
thence South 5°30'East with the!rue dividing B!CCki ;r}and 5 i toa point iniRr center line of Coast Guard Road as shown on Map IFoak 25, page 19, Carteret
County Reuistr,runs thence with said Coast Guard Road in a wester!;direction
to its point of into:section with the cenle:line of Inlet Drive,the point and place of
Beginning, and being all the property owned by Section Fifty-One Associates. u
!olth Carolina Limited Partnership,which is located north efthe renter line of th:;
. - r:1ocitc-6 Coast Guard Road. For reference see Ma--) Boo 3_ pari� 34. C;±rteici
Count•. strV.
1 t t.7I:t r F`a: .:iih±zil right title and irvm:st of the in aiir!to.,-; 'tti4f:
Cf co i t2;rC Roadwhich iS 1•^.S!gr.2t:va� Viet l<]rid:; on, Wz ""ur'..., rc,:'crdee :5
Map 2-ooY 25. pan'. 19 Cari.'_ret County s egirtry, excluOin arr.-:C.rrior: sucl'.
Wat L nds which tics within tit. boundary of t.. dcsig-nalc:1 ;ta !a, ;::d .It
t FPT. � r ;:lawn on sai;J A•tap, and TOG:?.TKER WITH the othsr areas unp!otte.l on said
" Nmap which fir; north of Lots 98 through (104, and ottlll and west of Lots 105 �...
through108, ail Ps shown OR said slap,yDill .nGt c„r�� ({tjli any portion C,' s;rld �..
-luraberCC lots. x— tE
g,T L r �9 i G«ax`W 9 a!aG .....«..,--
:i3 i+-LC i'd1FF,lJ'9 t SL=r1!:3fi

. a
fCrUclilUt 111uper•ty w:l i convCved to Grcintor 1?;r(1::GC dalc:a:'CO;ttEfV 18, 191$,and recorded
t :;1 PooC iG-.,�,al:C f{,C art^ret f'OU71hi Rey:St
y.
'(:) I i:\.'f: ANI) TO T-OU) the afbresa:cl Jut cr p.,rcel of la::d and all pryilegas and
:,^purcaar:ccc theret.)belonging to the Cirantcc in tze!arrrie.
1mf th,Grantor coves ants will'talc t;ii.^teC,that !t:se.-;zed c prerniFCs in Ilec slliip:l,
ita.r' ihC right t0 Convey the ,".aisle to f;_C sil:';)IC, tile' title :, m?rkctab:e and tree..and cicir o:all'
�actlmbr ncea, and that Grantor will warrimt and defend tile title against the la:vtul claims of,al!
persons t,,:how.,;oet:r except for the excentiurs hereinafter stated.
Title to the property fl-Citiabove dc,:cribed is subject to the fo!IOtsin,;•:xceprons:
•----
it -iidlt of` ay of Inlet Ur!vL, tilp r:jj Ofwtt'ui Codr., vL Id fC0$d.,:rclUi:ate(J
,but rnC!L'dC.i the entire. area with", Coast Guaid !,Wad iefr7re -61catiort),
- easements tlf FecQrcl, i rj9n Lixes, and the
� tn o 7 :c unc:anti rr
aO'ti ' fB;fi; o 111C In %:COi:Sta' •l'. L+att.'rwiy wi,,ich lies
water mark of Bogu,_Sounrt
','•" IN VVI f`ESS WHEREOF, tile srail(or has herewite ca:_wl this;rti:'u•^,1Cnt.0 i)c dt!ty: ^cured
} u da, S :l b`, all of its Gencral r'aiticrs, except -,he iir2r:t^r, c-.01 of,7al I ont aiso avl7pts as his
(ltyn se;:i the `.word "Sl.;,i," printed to the right (If his g ,,a:i;lrt;, a,!i as of the clay and year first
ovc writtcn.
SECTION 1:11:71,-ON-E AS i'CC'EATTF:S, (SEAL)
a North Carolina I,;mi-yxj arnersilip
i ;Izy Ta}t�iat�eilered Partner
(SEAL)
Briar awcraft,Q eral Partnc '
By:
E., Steohen Stroud,General!'artier
(SH AL)
Charles T. upon,General Partner
T
Dr ,
S'T'A•fL{)1'NJltTht CAROLIi`fA as"++ff ,,•t- ^ -
' NOUN T V O t:VAKE.
I; undcrsignrd Notary Public certifier;that 1-1. r:."a;�' r' 1` ry Taylor,Brian;:ha;^:roil, . Stc�li7en
r
Stroud ::nd Charles L. Fulton,each acting as a general r. rircr of ;cct:on Fiftw-t;ne Associates,s
!' North Carolina limited partnership,perscnally apncare::before me.t1iis day and aci.novviedged the
riot execUtion of the foregoing instrument for the purposes therein erprussed.
Witness my hand and Notarial Stamp/Seal this the X day of i f It a_- ;99g
1 DORIS R MARSH
i WAKE WrARY COUK—i f, Notary Public t_
1yC:mmm-wriEvvea9-10.2000 l'Y Commission Expires. I
J 80Q�( M >3 '' "" G�� OOriiS B.MARSH
1 t nse _ ?NAISF C0U.NP,;KG.
• .:,-rrtlaortrr>ozlae: +C41AKF
man„•0•."�

14ORTH CAROLINA,CARTERET CQt KTy
The foregoing of Notary Public(s) Ware
Certified to be Cortact. This instrument and this ceftift•
Cate are duty registered at tht ctale and tirrio and in
the Book and Frig;;gown on ihA first page heroui-
e4 ,� ur, Mister of D Cis
Ccfc c- ,C '
Melanie AT hur 33P
JL Date 02/19/2004 COUNTY Time 10:48:00
GF 1040369 Page 1 of 33
DECLARATION OF � 01 1 8 2004
Murelhead City DOM
COVENANTS AND RESTRICTIONS
FOR
WEST END SUBDIVISION
CARTERET COUNTY, NORTH CAROLINA
WEST END PARTNERSHIP, LLC
PO BOX 31063
RALEIGH, NC 27622
(919 ) 880 _ 2391 rL�71
T i i.lurC�•�i:� �iaG !C4 •171f I T:� T._' I?:' TIF F-.: 'I-It J i,'H 4 1.-r.7-:41 11.1:]._1H ">10Cr

�littee, approval, for the purposes of this Article, shall be deemed
.to have been given by the Committee; provided that the plans and
Specifications required to be submitted shall not be deemed to have
been received by the Committee if they contain erroneous data or fail
to present adequate information upon which the Committee can arrive at
a decision.
(g) The Committee, or its agent, shall have the right to
inspect all construction to ensure that it is performed in strict
accordance with the approved plans, specifications and details .
(h) Nothing contained herein shall be construed to limit the
right of any owner to remodel the interior or any residence or
permitted pertinent structures, or to paint the interior of the same
any color desired.
(i) Upon submission of plans and specifications, the owner
must pay a non-refundable architectural review fee in an amount to be
determined by the Declarant or by the Committee at such time as
Declarant no longer acts as the Committee .
SPrY.i on _ RP1 P�FIP of Li abi 1 i v Neither the Declarant nor the
Committee nor the Board of Directors or any architectural agent thereof
shall be responsible in any way for any defects in plans,
specifications or details submitted, revised or approved in accordance
with the provisions contained herein or in any guidelines adopted by
the Committee, nor for any structural or other defect in any
construction.
ARTICLE VII
RESTRICTIONS
In order to provide for the maximum enjoyment of the Lots by all
of the residents thereof and to provide protection for the value of the
same, the use of the Lots shall be restricted to, and shall be only in
accordance with, the following provisions :
S t ' oz. 4-asi dent-i a] rrgP Each Lot shown on said Plat of the
property subject to this Declaration shall be used only for private,
single-family or duplex residential purposes and for no other purpose
whatsoever, unless specifically permitted herein.
Sect ion rohi b; i on on ronst,rurt-i nn of Pi pry Except as
otherwise provided in Article II, Section 4 of these Restrictions, no
pier, dock, gazebo, walkway or similar structure shall be constructed
on any portion of any Lot lying below the mean high water line . No
pier, dock, gazebo, walkway or similar structure shall be constructed
adjacent to any part of any Lot so as to extend from a Lot into the
adjacent waters of Bogue Sound or any other waters adjacent to a Lot .
I
14
2Td kH9T :60 t 00� . to 'I10 .SHE 'H F,_l._1? o
l : 4J_aA

(«) Each Lot shall be subject to all easements which are
Shown and depicted on the subdivision Plat as affecting and burdening
such Lot ;
(b) Each Lot shall be subject to an easement for slope
control purposes, including the - right, to grade and plant slopes and
prevent the doing of any activity that might interfere with slopes or
which might create erosion or sliding problems or which might change,
obstruct or retard drainage flow;
(c) Each Lot shall be subject to an easement for the entry
by the authorized agent and representatives of the Association and the
Declarant to go upon such Lot under the Circumstances, and for the
purposes described in Articles VIII and X of this Declaration;
(d) Each Lot shall be subject to an easement for the
installation, maintenance, repair, replacement and use of all utility
lines and pipes which may be shown or depicted on the subdivision plat
and as described in Article vII, Section 11 , Easements .
P •
Declarant reserves the right to construct a community pier of a
size and at a location within West End Subdivision as selected by
Declarant . Declarant shall have the right to create access to such
community pier across any Lot within the subdivision. The sale of boat
slips constructed in conjunction with such community pier shall be
controlled exclusively by Declarant and no person acquiring a Lot
within West End Subdivision shall have a right to purchase a boat slip
in such community pier unless permitted to do so by Declarant .
Declarant shall have the right, but not the obligation, to create a
separate association other than the West End Homeowners Association,
Inc. for the maintenance and control of such community hing
Set ;Forth herein shall obligate Declarant to constr-uc 4n,y _ omm�n,
pier of any kind whatsoever. '
ARTICLE III . `J1
ASSOCIATION PROPERTY
Thcar
and convey to the Association, no later thanesD h ltime as fiant ft trans er
of the Lots as shown on the Subdivision Plat haVe e y percent
portions of the real property that is shown on the Subdivision Plat,
except those portions consisting of Lots and except for those portions
which have been or will be dedicated to the Town of Emerald Isle, North
Carolina . All real property which the Declarant shall so transfer or
convey to the Association shall thereafter consti,tilte Association
Property,
All real property which shall be transferred to the Association by
the Declarant (a) shall be conveyed to the Association by limited
warranty deed tree of debt encumbrance, and (b) shall be conveyed to
PA G
ed Wd 480:so ttooE LO �-�� TZ�r'.c 8�6T5: UhJ ;CHI

"Mortgage" shall mean a mortgage, deed to secure debt, deed. of
the property, conveying a Lien upon or security title to
"Owner" shall mean and refer to the owner or
rchase
devise, inheritance, decree or otherwise) Whether h oneeOr (more by uperson1
Or entities, Of a fee simple title . to or interest in any Lot (s)
including Declarant, and contract sellers, but excluding those havin
such interest merely as security for the performance of an n
or the payment of an indebtedness. obligatio
"Person" shall mean a natural person, corporation, trust,
Partnership or any other legal entity.
"Subdivision" shall mean, collectively, all of that real property
as shown on that certain final plat of West End Subdivision recorded in
Plat Book ,gyp , Page
Carolina Register of Deeds . �- Carteret County, North
"Subdivision Plat" shall mean, collectively that certain Final
Plat of West End Subdivision, recorded in Plat Book
.30 Page
, Carteret County, North Carolina Register of Deeds and any
amendments thereto which may subsequently be r�gQrd �} in -maid Register
of Deeds .
ARTICLE 11 .
LOTS f � �� i lea. 'o,• i:. '. ''t
;5?cti nn l T�t-a ua_ryh� gtah�Cted � � q
Declarant, for itself, its successors and assThe
ian -rGo�renants that the
Lots shall hereafter be held, transferred sold,
leased, occupied, mortgaged or otherwise enc ' ed subjectC:onve-
leased, d, aped,
of
the terms, provisions, liens, charges, easements restrictions set forth in this De covenants and
claration as applicable including, but not limited to,' the lien provisions to the hots
set forth in Article
V hereof. All of the terms,
covenants and restrictions set forth Sin forth
D clarats, liens, ioneaq easements,
to the Lots Shall be a permanent char applicable
Lots . g_ thereon, and shall run with the
tb2 RPT of i f s [7 Every person who is a record owner of
any Lot does, by acceptance of a deed or other conveyance an interest in
by acceptance of such ownership, any" and
Lot, agree tc all of the term -arid pr visiontakins of thisord ti ter to ,ch
Each of the Lots is subject to all the burdens Declaration.
benefits, made applicable hereunder. and en7oYs all the
to, and the De The Lots shall be Q;Declarant' does hereby grant to the ap tb j ec t
thereof, the following easements r �Priate grantees
3
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The ferevoim, Property w;r,convoyed to Grantor by deed dated Feb;wary 18, 1974,and recorded
n Poo'r. 36-3 pa_:e 8,Carteret County Re;:sty.
TO I IA.'E ANI) l'O HOLD the aforesaid !ut cr p,rcel of innd and all privileges and
t 1•^
a^purraaricc>thereto belonging;to the Grantee in fzc!:imple.
r\ntf the Gna-lor covenants with the(3,-a^tee•that sr,•;ed(:r Urcniises in lac situp:C•
has the right to convey the same In fee sir-ple, the, title I. markctableyand t:CB and clear of all
cmcumbranee::, and that Grantor will wairt;ni and defend the title ag;ai^st the la:vtul plaints oral!
" l aau whonsoevel except for the exception,hereinafter stated.
Title to the property hereinabove dc..clibed is subject to the fo8ot,:in cxceptians:
(he ritthl of tv,g+of Inlet Drive, file right of uav ofra>):•:iut:^(d`toad,s relocatci!
• ;but u.6ides the entire area :h':tllal COart GL!a1:1 1ioad iefOre rc;!%cat!on),
easements orrecord, 1098 t{xes, ane the ri Ltill';oe r,ti:B;S ,:. 'IF:!�
Portiun f Bag S ^'V
. 0 L'C Sound and the lnur:crnstr., �a(C;Wit'/' .1 i1;7;`!CIO:'-'i11C iL't;❑
water made of Boguc Soun(l
IN WI:'�JE W!IEREOF, the Grantor has hereunto caused this ir�i:u^lent to be du v executed
nude, 4c,:1 b, all of its Gencrai t'a.rtners, exec l! ;he tir2(i:. 1
I c, erch o. )JI.On! aiso aunpts as his
own se;; the word "SE..'I." printed to the right rf his ail :is of the dar and year first
ni'ovc written.
SECTION Fit T`,'-Oi: AS;iC( ATFS, (SEAL)
a North Carolina i,anityA Partnership
I f ;lay 71.0)f, Gbera;Pertner
.r (.>
(SEAL)
Brian imrolt, gperal ParlIlL,
By:I:::—
E. Stephen Stow f Gcneral I'artrer
)
Charles L. Fulton,Gene d Parttler
r
r c
STATE OF NORTH CAROLINA r g
2004
:.OUNTY OF 1•VAKE
Morel
undersigned Notary Public certifies that 11. Ny;•avlor,Brian Slhav;clrit.t:. Stephen
Stroud and Charles L. Fulton,each acting as a general r•n.rtrcr of ,ectior,'t iffy t;ne;associates,
North Carolina limited partnership,personally appearcc:before me this day and act;nowledg;ed the
duc exec,fion of the foregoing;instnlmcnt for the purposes therein expr-,sled.
Witness my hand and Notarial Stamp/Seal this the t+, day of / ii a-- i 998.
is — ---
DORIS B.MARSH
i tC1rARY F(.@LIC
'NAKE COUN W.N.C. Notary Public 7 l
rlry•Cwm=mn Eq ,"51-10-M MY Commission Eapires:_�;flJ—;�.r!?�'?"
DORIS B.MARSH,
PAGE-2
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