16-03 MM 12/2005 Eagle Trace S/D

ermit Class Permit Number
MODIFICATION/MAJOR 16-03
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission DV
t r mt"t
for b 4.
X Major Development in an Area of Environmen Conch _ 3 2006
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 115`qrphead City DCM
Issued to Eagle Trace S/D, c/o Charleston Associates, PO Box 3725,Frederick,Maryland 21705
Authorizing development in Beaufort County at Pamlico River,Whitehurst Road(SR 1167),
yr.e
Richland Township , as requested in the permittee's application dated 3/23/05, including
attached workvlan drawing, Cl, dated revised 4/7/04
This permit,issued on December 21,2005 , 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.
Marina Facility
1) Prior to the occupancy of any new slips authorized under this permit, a marine pumpout sewage disposal
facility shall be installed and operable, and maintained for the life of the marina.
2) Prior to the occupancy of any slips authorized by this permit, the permittee shall meet on-site with a
representative of the Division to ensure that the required pumpout facility is in place and operable.
3) The marina shall display a sign showing the location of the on-site pumpout facility, including other
appropriate waste disposal information, at the entrance and exit from the main piers.
(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.
1
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
r' Charles S. Jones, Director
hereunder requires further Division approval. ivision of Coastal Management
All work must cease when the permit expires on This permit and its conditions are hereby accepted.
December 31, 2008 C"A� C
In issuing this permit, the State of North Carolina agrees ,
that your project is consistent with the North Carolina Coastal .OAM_�
Management Program. Signadire of Permittee
AM

Eagle Trace S/D Permit#16-03
Page 2 of 3
ADDITIONAL CONDITIONS
r 4) No ew age, wheih r ated or untreated, shall be discharged at any time from any boats using the
mari& faci9ity:" sewage discharge at the marina 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.
5) 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 marina facility without permit modification.
No non-water dependent uses of structures shall be conducted on, in or over public trust waters without
permit modification.
6) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable
waters at or adjacent to the authorized work.
7) The permittee shall maintain the authorized work in good condition and in conformance with the terms
and conditions of this permit.--The permittee is not relieved of this requirement if he abandons the
permitted activity without having it transferred to a third party.
8) This permit does not authorize the interference with any existing or proposed Federal project, and the
permittee 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 52 boat slips (42 new slips and 10 previously authorized slips).
11) In accordance with commitments made by the permittee in the environmental assessment prepared for
this project, no piers or docks shall be allowed to originate from any individual lot within the
subdivision. This prohibition shall remain in force for the life of the permitted project.
NOTE: Should either Lot 14, 15, or 16 (all as indicated on the attached workplan drawing)be sold prior to
the initiation of construction, the permittee shall be required to obtain a signed letter of permission
from the new property owner(s) prior to the placement of any structures within the riparian
corridor for that property.
NOTE: It is strongly recommended that the permittee exercise all available precautions in the day-to-day
operation of the facility to prevent facility waste from entering the adjacent waters. Such
discharge, either directly or indirectly, to adjacent waters could contravene state water quality
standards, thereby violating state law.

Eagle Trace S/D Permit #16-03
Page 3 of 3
ADDITIONAL CONDITIONS
'r General
12 The permittee understands and agrees that if fiiture operations b the United States requires the
p g p Y q
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) No new vegetated wetlands or open water areas shall be excavated or filled, even temporarily.
14) Any mitigative measures or environmental commitments specifically made by the applicant in the
Environmental Assessment for this project shall be implemented, regardless of whether or not such
commitments are addressed by individual conditions of the permit and any subsequent modifications.
15) The United States Fish and Wildlife Service issued a Biological Opinion on the construction of the
proposed Eagle Trace Subdivision on 4/13/04. All conservation measures, reasonable and prudent
measures, and specific terms and conditions of that opinion are hereby incorporated as special
conditions of this permit through coordination with the U.S. Army Corps of Engineers.
16) This major modification shall be attached to the original of Permit No. 16-03, which was issued on
2/27/03, as well as the minor modification of 1014/03, and copies of all documents shall be readily
available on site when a Division representative inspects the project for compliance.
17) All conditions and stipulations of the active permit remain in force under this major modification unless
specifically altered herein.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination.
NOTE: The permittee is advised that any development or land disturbing activity that is considered non-
water dependent is not authorized within 50 feet of the normal water level or the landward edge
of any coastal wetlands unless specifically exempted by Environmental Management
Commission(EMC)Tar Pamlico buffer regulations in place at the time of such development.
NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water
Quality Certification No. 3400 (DWQ Project No. 050555), which was issued on 10/17/05.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No.
200510765.

�gj��
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
December 22, 2005
Eagle Trace S/D
c/o Charleston Associates
P.O.Box 3725
Frederick,MD 21705
Dear Sir or Madam:
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 Xerox stamped "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,
RVI& /, �,
Douglas V. Huggett
Major Permits and Consistency Manager
Enclosure
400 Commerce Avenue, Morehead City, NC 28557
Phone: [phone]\FAX: [phone]\Internet: www.nccoastalmanagement.net
An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper

1 !g
DIVISION OF COASTAL MANAGEME
FIELD INVESTIGATION REPORT "R 4 4 2005
1. APPLICANT'S NAME: Eagle Trace Subdivision (Formerly - Whitehursto heft c '
Charleston and Associates, LLC c/o Charles Smith '� `"��
2. LOCATION OF PROJECT SITE: At the end of SR 1167 at Core Point on the Pamlico River near the
Community of Blounts Creek in Beaufort County, North Carolina
Photo Index - 2000: 98-1099; M-3,4,5, N-7, P-10 1995: 98-1033; T-10,11,12,12,14, V-17
State Plane Coordinates - X: 2,637,500 Y: 616,300 GPS Rover File # H103115A
Bath Quad. (lower left corner)
3. INVESTIGATION TYPE: CAMA & D/F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 11/09/04
Was Applicant Present - NO
5. PROCESSING PROCEDURE: Application Received - 28 March 2005
Office - Washington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Beaufort County - 1997
Land Classification From LUP - Limited Transition (land), Conservation (water, wetlands)
(B) AEC(s) Involved: EW, PTA, CS
(C) Water Dependent: YES
(D) Intended Use: Commercial - Constructed to enhance the sale of the property
(E) Wastewater Treatment: Existing - N/A
Planned - Septic tank and drain fields
(F) Type of Structures: Existing - Roads for Subdivision, pier with 10 slips, boat ramp,
boardwalks, bulkhead/retaining wall, and a parking area
Planned - 42 additional slips
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
(B) Non-Vegetated Wetlands ±8,124 ft2
River bottom shaded pier
(C) Other
(D) Total Area Disturbed: ±0.18 acre (±8,124 sq. ft.)
(E) Primary Nursery Area: NO
(F) Water Classification: SA-NSW Open: NO
8. PROJECT SUMMARY: The applicant proposes to expand an existing 10 slip pier facility by adding 42
slips for a total of 52 at Eagle Trace Subdivision at Core Point.

Major Modification - CAMA Major Permit No. 16-03
Eagle Trace Subdivision �
Beaufort County APR 0 4 zQp�
MOrGh®ad fifty L)CM
Project Setting
Eagle Trace Subdivision (formerly named Whitehurst Shores) is being developed by
Charleston Associates, LLC (Mr. Charlie Smith) and is located at the end of SR 1167 (Whitehurst
Road)adjacent the Pamlico River near the Blount's Creek Community in Beaufort County, North
Carolina. This is a new 85-lot subdivision covering ±147 acres with ±1,600' of shoreline
frontage that was originally permitted under CAMA Major Permit No. 16-03 issued on 27
February 2003. The majority of the property is old agriculture fields vegetated with various
upland grasses. Several hardwoods are present adjacent the shoreline of Pamlico River. The
shoreline is an approximately 40' wide sandy beach that ends at a newly installed bulkhead that
was permitted under CAMA Major Permit No. 16-03. The existing 10-slip pier, boat ramp,
boardwalk, dock house and parking area were also authorized via the aforementioned permit. Six
(6) 25' long wooden groins that were permitted by the major permit have not been constructed.
A large portion of the tract has been delineated as Section 404 wetlands by the U.S. Army
Corps of Engineers and predominately is a wetland slough on the upstream (west) end of the
property (see attached plat). The wetland area is vegetated with various hardwoods and some
pines with an undergrowth of vines and shrubs in the transition area between wetlands and
uplands.
The subdivision area is bordered on the upstream (west) side by wooded wetlands. The
downstream (east) side is bordered by a developed and bulkheaded lot vegetated with lawn grass
and several hardwoods. The project site is bordered on both sides by bulkheaded but otherwise
undeveloped lots. The project site is ±4' above the normal water level (NWL).
The Pamlico River is an estuarine waterbody and is classified as SA-NSW by the
Environmental Management Commission. The Pamlico River is not open to shell fishing in this
area. Submerged aquatic vegetation is present in the general area of the project site.
Project description
The applicant proposes to enlarge the existing 10-slip docking facility by adding two-6'
wide by ±135' long piers on each side of the existing pier, with 18 proposed slips on each new
pier. The new piers will be connected to the existing pier by way of 6' wide by ±110'long access
piers at right angles to the existing pier. The waterward end of the proposed piers will project no
farther waterward than the existing pier which is ±336'from the normal water level. The shape
of the proposed structure will resemble a three-prong trident when viewed from above. Eight new
slips are also proposed on the existing pier landward of the existing 10 slips. The number of new
slips proposed is 42 and will give a total slip number of 52 which will define the facility as a
marina (greater than 10 slips). The slips range in size from 12' to 15' wide and all slips will be
30' long. The typical boat length proposed for the slips is 18' to 24'. With ±1,552'of shoreline

Major Modification - CAMA Major Permit No. 16-031�
Eagle Trace Subdivision '
Beaufort County
Page Two APIR Q 4 IQQ5
Mgr9h9 d City f'(;M
available through restrictive deed (see attached application), the proposed ±23,580 ft2 of
development is well below the ±41,904ft2 that is allowed by the 27 square foot rule for
Subdivision marinas. The existing water depth is ±2.5'to 3' below the normal water level at the
site of the proposed development.
The East Group on behalf of Mr. Charlie Smith has submitted an Environmental
Assessment document which is currently under review in the State Clearinghouse in order to
satisfy the NCEPA requirements. The applicant proposes to provide a portable pump out with
pump and haul disposal for use by the homeowners (see attached application for specifications).
Anticipated impacts
The addition of the 42 slips will result in the shading of ±8,124ft2 of river bottom.
The project as proposed will result in localized turbidity as a result of the construction activities.
David W. Moye - 28 March 2005

rm DCM-Mla'-1
Q:OI!,,� �+,' p
a� �
APILdl C AT
APR o 4 2005
(To be eomoleted by all applicants)
- Marehe�� City (�Lh,�
b. City, town, community or landmark 'v'
APPLICANT '#H nhl and Trmnghi n (nPar thp Blom 's reek
Community)
c. Street address or secondary road number
Whitehurst Rd, NCSR 1167
Landowner:
Charleston Associates, LLC d. Is proposed work within city limits .or planning
Name Contact Person: Charlie Smith
jurisdiction? Yes XXX No
Address P:O. Box 3725
e. Name of body of water nearest project (e.g. river,
City Frederick State MD creek, sound, bay) Pamlico River
Zip 21705-3725 Day Phone [phone]
Fax [phone] 3• DESCRIP ON AND PLANNED USE
OF PROPOSED PROJECT
Authorized Agent:
The East Group, P.A.
Atame Contact Person Howard Nichols a. List all development activities you propose (e.;.
building a home, motel, marina, bulkhead,pier, and
324 S. Evans Street excavation and/or filling activities.
Address [Ng- ArP an additional ti onal 42 boat
slips to be added to the previouslv
City Greenville State NC approved Cam Major Permit No.16-03
Gip 27858 Day Phone [phone] b. is the proposed activity maintenance of an existing
project, new work, or both? new work
Fax [phone]
c. Will the project be for public, private or commercial
Eagle Trace Subdivision use? Private
Project name Cif any}
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
NOTE. Permit will be issued in name of L dmvner(s), andlor project. If more sppacs is needed, please attach
additional pages. The purpose of this
project name. additional
rti nn is to hniisp the addi ti_onal
boats that will come about during further
growth of the subdivision. The slips will
LOCATION OF PROPOSED provide their owners with a place to store
PROJECT their boat durinq their daily activities.
County Beaufort
.evised 03195

Form DCM-MP-1
APR 0 4 2005
m. Describe existing wUaseeqgq
g4t fis.
4. LAl'NtTI) AND WATER Nme
CIURACTERISTICS
a. Size of entire tract 147.39 +/— n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
b. Size of individual lot(s) 1.22 wastewater, industrial/commercial effluent, "wash
down" and residential discharges.) gip n=ff
c. Approximate elevation of tract above MHW or nth tlarjh ex' ditch @ tE amrr aryl
NWL 9' NWL tzctrzh ex. tn�1-larr� (a n7w mm-r_
d. Soil type(s) and texture(s) of tract o. Describe existing drinking water supply source.
Nb• D 3 AaA Wt. 1b BeauEcrt Cast-y rnhter District
e. Vegetation on tract 03k. Pire. fir, Qymmm
and varicm oases
f. Man-made features now on tract Bulkbead, staining
wiU, bmrdalk, cab � , pa, d ram, bcat 5. ADDITIONAL, INFORMATION
rwp, deck lum and rip rap a uxd rmp.
g. at is a se an land In addition to the completed application form, the
classification of the site? (consul:d w local land use puns.) following items must be submitted:
Conservation W Transitional
Developed Community • A copy at the dew (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
tD ZCrAng forward a copy of the deed or other instrument under
which the owner claims title, plus written permission
i. Is the proposed project consistent with the applicable from the owner to carry out the project.
zoning? N/A Yes No
(Anach Zoning =Yuan- cerdfi=e, if applicable) • 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 S 112" by 11" white paper. (Refer to
done for the tract? Yes _.xx No Coastal Resources Commission Rule 71.0203 for a
If yes, by whom? detailed description.)
k. Is the project located in a National Registered Please note that original drawings are preferred and
Historic District or does it involve a National only high quality copies will be accepted. Blue-line
Register listed or eligible property? prints or other larger plats are acceptable only if an
Yes , w No adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of
1. Are there wetlands on the site? �X Yes No Engineers regarding that agency's use of larger
Coastal (marsh) w Other drawings.) A site or location map is a part of plat
If yes, has a delineation been conducted? Y,.-- requirements and it must be sufficiently detailed to
(A=ch dommwnwian, if available) guide agency personnel unfamiliar with the area to the
D...-,. A A7/6[

Form DCM-NIP-1 :J
APR 0 4 7005
site. Include highway or secondary road (SR)
numbers, landmarks, and the like. 6. CERT NAND PER�Nff,SSION
t� vR
TO ENTER ON LAND
• A Stormwater Certification, if one is necessary.
• A list of the names and complete addresses of the I understand that any permit issued in response to this
adjacent waterfront (riparian) landowners and application will allow only the development described in
signed return receipts as proof that such owners the application. The project will be subject to conditions
have received a copy of the application and plats and restrictions contained in the permit.
by certified mail. Such landowners must be advised I certify that to the best of my knowledge, the proposed
that they have 30 days in which to submit comments
activity complies with the State of North Carolina's
on the proposed project to the Division of Coastal
approved Coastal Management Program and will be
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.Sameh conducted in a manner consistent with such program.
I certify that I am authorized to grant, and do in fact,
1 5Je JennChobifer
grant permission to representatives of state and federal
1 S Jennifer Court
Saratoga Springs, NY 12866 review agencies to enter on the aforementioned lands in
connection with evaluating information related to this
permit application and follow-up monitoring of the
project.
Paul Strasser I further certify that the information provided in this
43381 Tidesinn Way.
Leesburg, VA 20176 application is truthful to the best of my knowledge.
This is the z day of March , NX 2005
• A Iist of previous state or federal permits issued for
work on the project tract. Include permit numbers, Print Name Howard G . Nichols
permittee, and issuing dates.
Signature ��
See Attached ShPafi fnr P-rmits
Imsdo%ner or Aurhonzed Agent
• A check for $250 made payable to the Department of Please indicate attachments pertaining to your proposed
nrniPrt
Environment, Health, and Natural Resources Ll._J—
(DEHNR) to cover the costs of processing the DCM MP-2 Excavation and Fill Information
application. DCM MP-3 Upland Development
DCM MP-4 Structures Information
• A signed AEC hazard notice for projects in DCM MP-5 Bridges and Culverts
oceanfront and inlet areas. -7 DCM MP-6 Marina Development
• A statement of compliance with the N.C. NOTE: Please sign and date each attachment in the
Environmental Policy Act (N.C.G.S. 113A - 1 to space provided at the bottom of each form.
10) If the project involves the expenditure of public
funds or use of public lands, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.
oe.a....a niiot

rn DC A-i -4
1�74n C�
b
a,tcUCTURES APR d 4
mstruction within Public Trust Areas) Morehead City DVM
ach this form to Joint Application for CAMA Major e. Mooring buoys N/A
mit, Form DCM-MP-1. Be sure to complete all (1) _ Commercial _Community_Private
er sections of the Joint Application which relate to (2) Number
proposed project. (3) Description of buoy
(Color, inscription, size, anchor, etc.)
Dock(s) and/or Pier(s)
(1) — Commercial _Community XX Private
(2) Number 2
(3) Length 135' (4) Width of water body
(4) Width 61 (5) Distance buoy(s) to be placed beyond
(5) Finger Piers XX Yes No shoreline
(i) Number 74
(ii) Length 20' f. Mooring structure (boatlift, mooring pilings, etc.)
(Hi) Width 3' (1) _ Commercial _Community w Private
(6) Platform(s) XX Yes No (2) Number 78
(i) Number 2 (3) Length 24
0 8" - 10"
(ii) Length (4) Width
(iii) Width h'
(7) Number of slips proposed 42 additional g. Other (Give complete description)
(8) Proximity of structure to adjacent riparian
property lines 45'
(9) Width of water body 2.0 miles
(10) Water depth at waterwar3.d end of pier at
MLW or NWL
Boathouse (including covered lifts)
(1) Commercial N/A Private Eagle Trace Subdivision(Howard G. Nichols)
(2) Length
(3) Width Applicant or Project ame
Groin (e.g. wood, sheetpile, etc.) N/A Sig'
(1) Number ;7z73 o 5-
(2) Length(s) Date
Date
Breakwater (e.g. wood, sheetpile, etc.) N/A
(1) Length
(2) Average distance from MHW, NWL or
wetlands
(3) Maximum distance beyond MHW, NWL or
wetlands
!vised 03/95

Form DCM-MT-6
MARINA
DEVELOPMENT
APR Q 4 xpp�
Morehead City DcM
(Required for the mooring of more than 10 vessels)
Attach this form to Joint Application for CAMA Major g. Typical boat length 18 —2 4
Permit, Form DCM-MP-1. Be sure to complete all
other sections of the Joint Application that relate to this h. Maximum boat length 2 4 '
proposed project.
i. Are any floating structures planned? NO
If so, describe
1. N ARIN.k CHARACTERISTICS
a. Check below the type of marina proposed.
Commercial Public XX Residential
2. NLAMNA OPERATIONS
b. Will the marina be open to the general public?
Yes v X No
a. Check each of the following sanitary.facilities that
c. If there is residential development associated with will be included in the proposed project.
the marina, how many units or lots are planned and Office toilets
how many are currently developed.? Toilets for patrons
85 lot n o t- Number
10 existing developed lots Location
Showers
d. Check all of the types of services to be provided. XX Boat holding tank pumpout
Full service, including travel lift and/or rail Type and location Portable tanks
Dockage, fuel, and marine supplies y innnk xn„cP
_x_Dockage ("wet slips") only
Number of slips 52 total & ( 1 0 ) existing b. Describe treatment type and disposal location for all
Dry storage sanitary wastewater. Th P n n r t a h 1 P i-, n ka @
Number of boats the Dock House will be pumped out
W- Boat ramp(s) on a scheduled as needed basis .
other (describe) ( see dwg. for location)
c. Describe the disposal of solid waste, fish offal and
e. Check below the proposed type of siting. trash disposal.ign,a=m�l1 of solid waste frc&
Land cut and access channel beats aLla&ed aar I pier,-fish offal can be - -
Open water with dredging for basin and/or in pW'-& trash 9muld b-- dispcsl of .
channel I� ZY•bV waer.
Open water, no dredging required d. How will overboard discharge of sewage from boats
Other (describe) be controlled? nT a i 1 nwomrr
f. Describe the typical boats to be served (for example,
open runabout, charter boats, sail boats, mixed
des), Fish, Ski , & Pleasure boats e. Give the location and number of "No Sewage
Discharge" signs proposed. Sign @ end o f
pier on piling.
dtEv d 03195

Form DCM-MP-S
;. Describe the special design, if applicable, for o. Is the marina proposed within a primary c.
containing industrial type pollutants, such as paint, secondary nursery area? Yes XX No
sandblasting waste and petroleum products.
N/A p. Is the marina proposed within an area open t
shellfish harvesting? Yes XX No
q. Give the location and number of "Pumpouf
Available" signs proposed. Pulp cut sign to to
g. Where will residue from vessel maintenance be @ duck bouse•
disposed of? N/A
Eagle Tom Slkdivisicn ( rd c;_ N;r+y-+1q)
App5=nt or Project N2me
h. Give the number of channel markers and "No *AtUM
Wake" signs proposed. ans
i. Give the location of fuel-handling facilities, and Date
describe the safety measures planned to protect area
water quality. mlla
FED
APR 0 4 x905
J. Describe design measures that promote boat basin
flushing
acts or circulation and that reduce water quality. Morehead City L)CM
P /A
k. What will be the marina policy on overnight and
live-board dockage? N-7t a1 iru=q
I. Is the proposed marina located near any shellfish
leases? Yes _ x No
If yes, give the name and address of the leaseholder.
m. If this project is an expansion of an existing marina,
what types of services are currently provided?
1jI(n
n. How many slips are now available? 10 Edstirp
Rerised 03/95

DIVISION OF COASTAL MANAGEMENT
el A�' " e�
APPLICATION TRANS1V11ITTAL AND PROCESSING COI #3� t
A� k
A APPLICANT: Eagle Trace Subdivision for Charleston& Associates, LLC R a 4 Z0 �0.,;
g
(formerly Whitehurst Shores Subdivision), Mr. Howa lchols, The East Group,
P.A., Authorized Agent +CEIYu: e�ufo
LOCATION OF PROJECT: At the end of SR 1167 at Core Point on the Pamlico yr QA V
the community of Blounts Creek in Beaufort County,North Carolina.
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 28 March 2005
FIELD RECOMMENDATION: ATTACHED
CONSISTENCY DETERMINATION:
FIELD REPRESENTATIVE: David W. Moye DISTRICT OFFICE: Washington
DISTRICT MANAGER REVIEW:
B) DATE APPLICATION RECEIVED IN RALEIGH: r, ore FEE REC'D: $400
PUBLIC NOTICE REC'D: 63/3/1c5 END OF NOTICE DATE: zs
ADJ. RIP. PROP NOTICES REC'D: DEED REC'D:
APPLICATION ASSIGNED TO: ��� ON:
C) 75 DAY DEADLINE: 150 DAY DEADLINE:
MAIL OUT DATE: STATE DUE DATE:
FEDERAL DUE DATE: S ��'' FED COMMENTS REC'D:
PERMIT FINAL ACTION: ISSUE DENY DRAFT ON
AGENCY DATE OBJECTIONS: NOTES
COMMENTS YES NO
RETURNED
Coastal Management- Regional representative LI/-Vo5'
Coastal Management - LUP Consistency
Determination N/
Division of Community Assistance t-4/Wv L/
Land Quality Section
Division of Water Quality
Storm Water Management (DWQ)
State Property Office
Division of Archives & History
Division of Environmental Health
Division of Highways
Wildlife Resources Commission
Division. of Water Resources
Division of Marine Fisheries G v
Submerged Lands (DMF)

i
Permit# j ,3
DCM Coordinator: �A c y_-Q
MAILING DISTRIBUTION:
Permitee:
Agent:
DCM Field Offices:
Eli �i;_t
orehead City
Washington
Wilmington
US Army Corps of Engineers(USAGE):
Washington: Mike Bell(NCDOT)
Bill Biddlecome(NCDOT)
Raleigh Bland
Wilmington: ave Timpy
Others:
Cultural Resources: Renee Gledhill-Early
Public Water Supply: Debra Benoy(WIRO)
Fred Hill(WARD)
Marine Fisheries: Mike Street
NCDOT: Ken Pace
Shellfish Sanitation: Patty Fowler
State Property Office: Tommy Cline
Water Quality: Cyndi Karoly(for non-DOT)
John Hennessy(NCDOT)
Wildlife Resources: Maria Tripp
Steve Everhart
Travis Wilson(NCDOT)
LPO:
FAXING DISTRIBUTION:
Permitee at
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(910-251-4025)
CAMA Major Permit Process Manual Page 70 of 76

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
October 17, 2005
Land Management Group
PO Box 2522
Wilmington, NC 28402
Dear Sirs:
Enclosed please find a response from the North Carolina (State) Environmental Policy
Act(SEPA) coordinator concerning the Eagle Trace Community Marina Environmental
Assessment/Finding Of No Significant Impact. The coordinator has indicated that due to the
nature of the comments received during the State Clearinghouse review, no further
environmental review action is required.
Please feel free to contact me by phone [phone]) or by e-mail at
([e-mail]) if you would like to discuss this matter further.
Sincerely,
Doug Huggett
Major Permits and Consistency Coordinator
cc: David Moye—DCM, Washington
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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OF W ATF9 Michael F.Easley,Governor
�0� w0 William G.Ross Jr.,Secretary
7 North Carolina Department of Environment and Natural Resources
.� Alan W.Klimek,P.E.Director
Division of Water Quality
October 17, 2005
DWQ Project# 05-0555
RECRI/Pr
Beaufort County
Charleston Associates, LLC
Attn: Mr. Charlie Smith OCT
Post Office Box 3725 1 9 2005 OCT 2 b T005
Frederick, MD 21705-3725 WOFComIALnMAMt;rA-Mt
ppM
Subject Property: Eagle Trace Subdivision
Pamlico River [030307, 29-(5), SA,NSW]
Approval of 401 Water Quality Certification (GC3400) with Additional Conditions
Dear Mr. Smith:
You have our approval, in accordance with the attached conditions, to shade 0.186 acres of non-
vegetated wetlands/riverbottom to expand the existing docking facility(pier) as described in your
application received by the Division of Water Quality(DWQ) 401 Oversight/Express Review
Permitting Unit on March 30, 2005, with more information received on September 27, 2005.
After reviewing your application, we have determined that the Division of Water Quality (DWQ)
General Water Quality Certification Number 3400 covers these water impacts. This
Certification allows you to General Permit No. 198000291 when issued by the US Army Corps
of Engineers (USACE). In addition, you should get or otherwise comply with any other federal,
state and local requirements before you go ahead with your project including(but not limited to)
erosion and sediment control regulations and CAMA. Also, this approval to proceed with
your proposed impacts or to conduct impacts to waters as depicted in your application
shall expire upon expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change
your project, you must notify us and you may be required to send us a new application. If the
property is sold, the new owner must be given a copy of this Certification and approval letter and
is thereby responsible for complying with all conditions. If total fills for this project (now or in
the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may
be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the
conditions listed in the attached certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and
general conditions of this Certification (or Isolated Wetland Permit) are met. No other
impacts are approved including incidental impacts:
NprehCaro na
401 Oversight/Express Permitting Unit Na 'rtuCally
1650 Mail Service Center,Raleigh,North Carolina 27699-1650
2321 Crabtree Boulevard,Suite 250,Raleigh,North Carolina 27604
Phone: [phone]/FAX [phone]/Internet:http:/ih2o.enr.state.nc.us/ncwetlands
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Charleston Associates, LLC
Page 2 of 3
October 17,2005
Amount Approved Units Plan Location or Reference
Non-Vegetated Wetlands/River Bottom 0.186 acres DCM Field Investigation Report
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications governing the
proper design,installation and operation and maintenance of such Best Management Practices in order to
protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion
control measures must be such that they equal, or exceed, the requirements specified
in the most recent version of the North Carolina Sediment and Erosion Control
Manual. The devices shall be maintained on all construction sites, borrow sites, and
waste pile(spoil)projects, including contractor-owned or leased borrow pits
associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
b. Sufficient materials required for stabilization and/or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre-Construction Notification. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices, shall be performed so that no
violations of state water quality standards, statutes, or rules occur.
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the
maximum extent practicable. If placement of sediment and erosion control devices in
wetlands and waters is unavoidable, they shall be removed and the natural grade restored
within six months of the date that the Division of Land Resources has released the
proj ect.
5. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional
wetlands, waters and protective buffers in order to assure compliance for future wetland,
water and buffer impact. These mechanisms shall be put in place prior to impacting any
wetlands, waters and/or buffers approved for impact under this Certification Approval and
Authorization Certificate. A sample deed notification can be downloaded from the

Charleston Associates, LLC
Page 3 of 3
October 17,2005
401/Wetlands Unit web site at http://h2o.enr.state,nc.us/ncwetlands. The text of the sample
deed notification may be modified as appropriate to suit to this project.
6. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, and any subsequent modifications, the applicant is required to
return the attached certificate of completion to the 401 Oversight/Express Review
Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center,
Raleigh,NC, 27699-1650.
7. Water Quality Certification
The proposed project must comply with all of the conditions of General Water Quality
Certification (GC) 3400.
Violations of any condition herein set forth may result in revocation of this Certification and may
result in criminal and/or civil penalties. The authorization to proceed with your proposed
impacts or to conduct impacts to waters as depicted in your application and as authorized by this
Certification, shall expire upon expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved
water impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the
date that you receive this letter. To ask for a hearing, send a written petition, which conforms to
Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings,
6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are
final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone Cyndi Karoly in the Central Office in
Raleigh at 919-733-9721 or Kyle Barnes in the DWQ Washington Regional Office at 252-946-
6481.
Sincerely,
ei
�j Alan W. Klimek, P.E.
AWK/ijm
Enclosures: GC 3400
Certification of Completion
cc: Howard Nichols, The East Group, P.A. P.O. Box 7305, 324 S. Evans Street, Greenville,NC 27835
Doug Huggett, DCM
USACE Washington Regulatory Field Office
Kyle Barnes, DWQ Washington Regional Office
File Copy
Central Files Filename:050555EagieTraceSD(Beaufort)401_CAMA

Instructions to Word Processing: This is a card letter 31.
October 11, 2005
Regulatory Division
Action ID No. 200510765
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City,North Carolina 28557-3421
Dear Mr. Huggett:
Reference the application of The East Group, P.A., for a Department of the Army permit to
expand an existing 10-slip pier facility, on property located off State Road 1167, adjacent to the
Pamlico River, at the Eagle Trace Subdivision,near the Community of Blounts Creek, in
Beaufort 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
attached plans, which are a part of this permit. Any modification to these plans must be approved
by the US Army Corps of Engineers (USACE)prior to implementation.
2. 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 U.S. Army 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,
relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE

Chief Source Data Unit 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.
3. The United States Fish and Wildlife Service issued a Biological Opinion on the
construction of the proposed Eagle Trace Subdivision on April 13, 2004. All conservation
measures,reasonable and prudent measures, and specific terms and conditions of that opinion are
hereby incorporated as special conditions of this permit through coordination with the U.S. Army
Corps of Engineers.
4. Except as authorized by this permit or any USACE approved modification to this permit,
no excavation, fill or mechanized land-clearing activities shall take place at any time in the
construction or maintenance of this project, within waters or wetlands. This permit does not
authorize temporary placement or double handling of excavated or fill material within waters or
wetlands outside the permitted area. This prohibition applies to all borrow and fill activities
connected with this project.
5. The authorized structure and associated activity must not interfere with the public's right
to free navigation on all navigable waters of the United States. 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 for reason other than safety.
6. The permittee must install and maintain, at his expense, any signal lights and signals
prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities.
For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office
at(910) 772-2191.
7. The permittee shall advise the Corps in writing at least two weeks prior to beginning the
work authorized by this permit and again upon completion of the work authorized by this permit.
8. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall provide
each of its contractors and/or agents associated with the construction or maintenance of this
project with a copy of this permit. A copy of this permit, including all conditions, shall be
available at the project site during construction and maintenance of this project.
9. 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.
10. Violations of these conditions or violations of Section 404 of the Clean Water Act or

Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District
U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation.
Questions or comments may be addressed to Mr. Raleigh Bland, Washington Field Office,
Regulatory Division, telephone [phone], extension 23.
Sincerely,
Raleigh Bland, P.W.S.
Regulatory Project Manager
Copies Furnished:
Ms. Cyndi Karoly
Division of Water Quality
North Carolina Department of Environment
and Natural Resources
1650 Mail Service Center
Raleigh,North Carolina 27699-1650
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Ron Sechler
National Marine Fisheries Service
Habitat Conservation Service
Pivers Island
Beaufort, North Carolina 28516
Mr. David Rackley
NMFS, Habitat Conservation Division
219 Fort Johnson Road
Charleston, South Carolina 29412-9110
Mr. Ronald J. Mikulak, Chief
Wetlands Regulatory Section
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303

Mr. Terry Moore, District Manager
Washington Regional Office
North Carolina Division of Coastal Management
943 Washington Square Mall
Washington, North Carolina 27889

� t �
North Carolina oLI
Department of AdministratioMorehead City L)CM
Michael F. Easley, Governor Gwynn T. Swinson, Secretary
October 7, 2005
Mr. Doug Huggett
N.C. Department of Environment&Natural Resources
Division of Coastal Management
151-B Hwy 24, Heston Plaza Il
Vorehead City,NC 28557
Dear Mr. Huggett:
Re: SCH File# 06-E-4300-0066; EA/FONSI; Construction of Eagle Trace Community Marina
The above referenced environmental impact information has been reviewed through the State
Clearinghouse under the provisions of the North Carolina Environmental Policy Act.
No comments were made by any state/local agencies in the course of this review. Therefore, no
further environmental review action on your part is required for the compliance with the Act.
Best regards.
Sincerely, �y
ou-,w /d��S�'
Ms. Chrys Baggett
Environmental Policy Act Coordinator
cc: Region Q
Mailing Address: Telephone: [phone] Location Address:
1301 Mail Service Center Fax[phone] 116 West Jones Street
Raleigh,NC 27699-1301 State Courier#51-01-00 Raleigh,North Carolina
e-mail [e-mail]
An Equal Opportunity/Afrmative Action Employer

0 o©��
t�E"T°p rti United States Department of the Interior
'yam
N p-o FISH AND WILDLIFE SERVICE
Raleigh Field Office
�gRCH Post Office Box 33726
Raleigh,North Carolina 27636-3726 37A 25
September 26, 2005 �;�
Ms. Chrys Baggett, Director
North Carolina Intergovernmental Review Clearinghouse ll�` 6
North Carolina Department of Administration
1302 :Mail Service Center
Raleigh,North Carolina 27699
Re: EA/FONSI, Eagle Trace Marina. Beaufort County
Dear Director Baggett:
The U.S. Fish and Wildlife Service (Service) appreciates the opportunity to provide comments
on the Environmental Assessment and Finding of No Significant Impact(EA/FONSI) dated
January, 2005 for the Eagle Trace Subdivision(formerly Whitehurst Shores) located north of
Aurora on the Pamlico River in Beaufort County,North Carolina. The applicant is proposing to
construct 42 additional boat slips as part of a proposed expansion of the existing 10 slip docking
facility. The Service has previously provided comments to the U.S. Army Corps of Engineers by
letter dated May 3, 2005 concerning the impacts of the project on fish and wildlife resources, and
we will continue to be involved through the CAMA Major permitting procedures. This report is
submitted in accordance with the Fish and Wildlife Coordination Act(48 Stat. 401, as amended;
16 U.S.C. 661-667d); and the Endangered Species Act of 1973, as amended, (16 U.S.C. 1531 et.
seq.)to be used in your public interest review relative to the protection of fish and wildlife
resources. /�
T he applicant proposes to expand t he cx1sting 10 slip pier facility by adding 42 additionu!boat
slips fora total of 52 slips at the Eagle Trace Subdi�:sion at Core Point in Beaufort County,
North Carolina. The applicant proposes to construct two 6-foot wide by 135-foot long piers on
each side of the existing pier on the Pamlico River. The new piers will be connected to the
existing pier by way of a 6-foot wide by 110-foot long perpendicular access pier. The waterward
end of the proposed piers would extend no farther waterward than the existing pier. The new
slips would range in size from 12-feet to 15-feet wide and 30-feet long. The typical boat length
for the proposed new marina is 18 to 24-feet in length.
The Service issued a Biological Opinion dated April 13, 2004 for the proposed development of a
residential subdivision(formerly Whitehurst Shores)which addressed the anticipated impacts of the
residential development on the bald eagle,Haliaeetus leucocephalus, and the eagle nest, which is
located on the interior of the property. Some of the proposed development is located within the

primary zone around the nest location, and the proposed marina is located within the secondary
zone. The primary zone extends for a distance of 750 feet outward from the nest tree, and the
secondary zone extends another 750 feet from the primary zone. The Service and bald eagle experts
have developed management guidelines for these areas. Management restrictions in the secondary
zone are needed to minimize disturbance that might compromise the integrity of the primary zone
and to protect important areas, such as roosting or perching sites, outside of the primary zone. If
possible, the secondary zone should be arranged so as to be contiguous with feeding areas and
provide a protected access between nests and the feeding area. Some cases may involve extending a
corridor from the primary zone to a particular feeding area, with that corridor requiring the same
restrictions as the secondary zone.
Certain activities within the secondary zone are likely to be detrimental to bald eagles and
in most cases should be restricted during all times of the year. These activities include,
but are not limited to:
(1) Development of new commercial and industrial sites;
(2) Construction of multi-story buildings and high density housing developments
between the nest and the eagles' feeding area;
(3) Construction of new roads, trails, and canals which would tend to facilitate
human or predator access to the nest; and
(4) Use of chemicals toxic to wildlife, such as herbicides or pesticides.
Other activities may take place in the secondary zone,but only during the non-nesting period.
Examples include logging, land clearing, construction, seismographic activities employing
explosives, mining, oil well drilling, and low level aircraft operations. Minor activities such as
hiking,bird watching, fishing, camping,picnicking, hunting and recreational off-road vehicle
use may be permitted in the secondary zone. The Service recommends that implementation of
these management guidelines for the proposed project be required as stated in the EA. In
addition, the Reasonable and Prudent Measures, and the Terms and Conditions of the Biological
Opinion issued in April, 2004 for the proposed development should become required conditions
for approval of this development proposal.
The Service also carefully considers the potential impacts from all in-water work on the federally
endangered West Indian manatee, Trichechus manatus. The species has been reported from
reported from the waters of the Pamlico River in Beaufort County. Manatees move along the
North Carolina coast during the summer months and are seasonal transients, primarily from June
through October, moving as far north as southern Virginia. Manatees generally occupy waters
from 3 to 6-feet in depth, and move extensively when in North Carolina waters making precise
determinations of their presence at a particular location difficult. Based on the information
provided with the EA, it does not appear that the proposed activity would adversely affect the
West Indian manatee.

The presence of submerged aquatic vegetation(SAV) was observed and reported during April,
2005 in the initial CAMA Field Investigation Report for the marina development. The
description of the near shore habitats also indicates suitable conditions for colonization by SAV
during the growing season. Field observations of the project site should be conducted during the
growing season to accurately determine the amount and type of SAV present near the project
site. This information is essential in determining the extent of adverse impacts that the project
may have on the estuarine habitats of the Pamlico River. The presence of SAV habitats near the
project indicates that these estuarine waters are exceptionally valuable for the growth and
development of many life stages of aquatic species. These vegetated shallow water areas are
regionally significant, and provide valuable feeding areas and habitat for aquatic species
including recreationally and commercially important fish and invertebrate species. Areas of
SAV habitat should be avoided during marina development,protected from dredging, and
protected from excessive near shore boat traffic.
In order to affect fish and wildlife conservation and to fulfill the public trust stewardship
obligations in this matter, the Service recommends that the conservation measures outlined in the
2004 Biological Opinion for the bald eagle be included in any state authorization for the
proposed project, that guidelines be implemented to protect the West Indian manatee, and that
measures are taken to avoid and protect SAV habitats in the vicinity of the proposed marina
expansion. If you have any questions regarding these comments, please contact Mr. Mark D.
Bowers of my staff at(919) 856-4520 (Ext. 19) or at the above address.
Sincerely,
�y P e Benjamin,
Ecological Services Supervisor
cc:
EPA,Atlanta
NMFS, Beaufort
WRC, Raleigh

49- - S E P 0 9 2005
North Carolina Morehead City r.:
Department of Administration
Michael F. Easley, Governor Gwynn T. Swinson, Secretary
August 30, 2005
Mr. Doug Huggett
N.C. Dept. of Env. &Nat. Resources
Div. of Coastal Mgt.
151-B Hwy 24, Heston Plaza II
Morehead City NC 28557
Dear Mr. Huggett:
Subject: Environmental Assessment/Finding of No Significant Impact- Construction of Eagle
Trace Community Marina; 42 slip addition to an existing 10-slip facility adjacent to the
Pamlico River
The N. C. State Clearinghouse has received the above project for intergovernmental review. This
project has been assigned State Application Number 06-E-4300-0066. Please use this number with
all inquiries or correspondence with this office.
Review of this project should be completed on or before 10/02/2005 - Should you have any
questions, please call [phone].
Sincerely,
Ms. Ch>lys Baggett
Environmental Policy Act Coordinator
Mailing Address: Telephone: [phone] Location Address:
1301 Mail Service Center Fax[phone] 116 West Jones Street
Raleigh,NC 27699-1301 State Courier#51-01-00 Raleigh,North Carolina
e-mail:[e-mail]
An Equal Opportunity/Affirmative Action Employer

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
August 25, 2005
MEMO TO: Chrys Baggett, Director
State Clearinghouse
FROM: Doug Huggett P / /�
Assistant Major Permits Processing Coordinator
SUBJECT: EA/FONSI, Eagle Trace Marina
Beaufort County
Attached please find 5 copies of the subject EA/FONSI for State Clearinghouse
review. The document has been reviewed by the DENR and cleared for release by the
Department's Office of Legislative Affairs.
By copy of this memo, I am also asking that the US Fish and Wildlife Service, U.S.
Army Corps of Engineers, National Marine Fisheries Service and Environmental Protection
Agency provide any comments their agencies may have directly to your office
Thank you for your attention to this project. Please feel free to contact me if you have
any questions.
cc: Steve Trowell - DCM (w/attachment)
USFWS —Raleigh (w/attachment)
EPA—Atlanta (w/attachment)
USACE —Washington (w/attachment)
'NfPS�'Beaufort(.w/attachment)
400 Commerce Avenue, Morehead City, NC 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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R
FINDING OF NO SIGNIFICANT IMPACT
Marina at the Pamlico
Beaufort County
The following is a Finding of No Significant Impact(FONSI)for the proposed construction
of the Eagle Trace Community Marina in Beaufort County. The proposed marina,as outlined in the
Environmental Assessment(EA),includes the addition of 42 boat slips to an existing 10-slip facility
adjacent to the Pamlico River.
This EA/FONSI is a prerequisite for the processing of a Coastal Area Management Act
(CAMA) Major permit application by the Division of Coastal Management.
It is concluded that the proposed project will not have a significant adverse effect on the
environment provided that it can be permitted and subsequently developed consistent with the State
guidelines in the Rules of the Coastal Resources Commission and the avoidance/mitigation measures
contained in the EA. An Environmental Impact Statement(EIS)will not be prepared for this project.
North Carolina Division of Coastal Management
August 25, 2005

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
May 30, 2005
Land Management Group
PO Box 2522
Wilmington,NC 28402
SUBJECT: Eagle Trace Marina Environmental Assessment, Beaufort County
The NC Department of Environment and Natural Resources (DENR) has completed its
review of the Environmental Assessment for the subject project. It has been determined that the
continents received during the DENR review (attached) can all be addressed through the CAMA
permitting process. Therefore, the document can now be forwarded to the State Clearinghouse
for additional review.
Please provide eleven (11) copies of the document to me at this office. I will transmit the
documents to the North Carolina Environmental Policy Act coordinator for the Clearinghouse
review. Please feel free to contact me by phone at(252) 808-2808 or e-mail
([e-mail]) if you have any questions.
Sincerely, _
Doug Huggett
Major Permits Coordinator
cc: David Moye, DCM—Washington w/enclosures
Melba McGee, DENR w/enclosures
400 Commerce Avenue, 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 ENGINEERS
Washington Regulatory Field Office
P.O.Box 1000
Washington,North Carolina 27889 1000
IN REPLY REFER TO
May 13, 2005
Regulatory Division
Action ID. 200510765
2o05
Morehead City DcM
Howard Nichols
The East Group, P.A.
324 S. Evans Street
Greenville, North Carolina 27858
Dear Mr. Nichols:
On March 30, 2005, we received your application for Department of the Army
authorization to expand an existing 10 slip pier facility, on property located off State Road 1167,
adjacent to the Pamlico River, at the Eagle Trace Subdivision, near the Community of Blounts
Creek, in Beaufort County, North Carolina.
After review of your proposal, the United States Fish and Wildlife Service recommended
that Department of the Army authorization for this project not be granted until all relevant project
information is made available for this project, including information concerning the 2004
Biological Opinion for the bald eagle. A copy of their May 3, 2005 correspondence is attached.
These recommendations are due to anticipated adverse environmental impacts.
Our administrative process provides you the opportunity to propose a resolution and/or
rebut any and all objections before a final decision is made. In this regard, I would appreciate
being made aware of your intentions, in writing, on or before May 28, 2005.
Mr. Raleigh Bland of the Washington Regulatory Field Office staff, telephone (252) 975-
1616, extension 23,is responsible for processing your application and is available to assist you in
coordinating with the review agencies.
Sincerely,
S. Kenneth Jolly, P.W.S.
Chief, Regulatory Division

M
-2-
Enclosures
Copies Furnished (with enclosures):
Mr. Terry Moore, District Manager
Washington Regional Office
North Carolina Division of Coastal Management
943 Washington Square Mall
Washington, North Carolina 27889
Copies Furnished (without enclosures):
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of
Environment and
Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557-3421
Mr. Ron Sechler
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Mr. David Rackley
NMFS, Habitat Conservation Division
219 Fort Johnson Road
Charleston, South Carolina 29412-9110
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726

i
-3-
Mr. Ronald J. Mikulak, Chief
Wetlands Regulatory Section
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. Charlie Smith
Charleston Associates, LLC
Post Office Box 3725
Frederick, Maryland 21705-3725

NCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor William G. Ross Jr., Secretary
MEMORANDUM
TO: Doug Huggett
Division of Coastal Management
FROM: Melba McGee
Environmental Review Coordinator
RE: #1299 Beaufort County, Environmental Assessment for the Eagle
Trace Community Marina
DATE: April 27, 2005
The attached comments were received by this office after the response
due date. These comments should be considered a part of the previous
response package and addressed prior to finalizing project plans.
Thank you for your assistance.
Attachment
1601 Mail Service Center, Raleigh, North Carolina 27699-1601
Phone: [phone] FAX: [phone] Internet: www.enr.state.nc.us/ENR
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NCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor William G. Ross Jr., Secretary
MEMORANDUM R; VED
APR 0 9 2005
TO: Doug Huggett
Coastal Management Morehead City DCM
FROM: Melba McGee
Project Review Coordinator
RE: #1299 EA for Eagle Trace Community Marina, Beaufort County
DATE: April 7, 2005
The Department of Environment and Natural Resources has reviewed the
proposed project.
The Environmental Assessment did not adequately discuss some of our
division's concerns. Before concurring with the Finding of No Significant
Impact, there are several points that will need further clarification, as noted
in the attached comments.
The department does not recommend this project move forward until agency
concerns have been adequately addressed. Due to the fact that a sewage pump-out
will be made available to users but the applicant has not provided any details
on where this site will be located, it is suggested that the document be revised
for departmental review.
Thank you for the opportunity to respond.
Attachments
1601 Mail Service Center, Raleigh, North Carolina 27699-1601
Phone: [phone] FAX: [phone] Internet: www.enr.state.nc.us/ENR
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS APR 0 6 20
Washington Regulatory Field Office 05
P.O.Box 1000 ®p Washington,North Carolina 27889-1000 IYlOrel l{.�
e
IN REPLY REFER TO ad City pCM
Regulatory Division
Action ID: 20®'S 1 Q Applicant: 6ti-'Oe
Waterway: T C� 1 C� Riy���County: ork Type: ImG1'1rmA
Mr. Ron Sechler Mr. Doug Huggett
National Marine Fisheries Svc, NOAA Division of Coastal Management
Pivers Island NC Department of Environment, Health
Beaufort, NC 28516 and Natural Resources
Hestron Plaza 11, 151-B Highway 24
Mr. Pete Benjamin Morehead City, NC 28557
LI fish and Wildlife Enhancemutent
U.S. Fish and Wildlife Service
Post Office Box 33726 MY ex-Y 1A w
Raleigh, North Carolina 27636-3726 - r Regional Office
Division of Moast—allManagement
Mr. Ronald J. MikaIuk, Chief NC Department of Environment, Health
Wetlands Section—Region IV and Natural Res urces
Water Management Division s6 vw(e pqi;li
U.S. Environmental Protection Agency c, , yi
61 Forsyth Street, SW
Atlanta, Georgia 30303
Gentlemen:
Pursuant to Action ID No. 198000291, the LAMA-Corps General Permit/processing
agreement, a State Field Investigation Report is enclosed. Four co ments aid/or
recommendations would be appreciated on or before
Questions or comments may be addressed to Mr. Raleigh Bland, Washington
Regulatory Field Office, telephone [phone], extension 23.
Sincerely,
V1
Raleigh W. Bland, P.W.S.
Regulatory Project Manager
Enclosure

}
® North Carolina Wildlife Resources Commission
Richard B. Hamilton, Executive Director
MEMORANDUM
TO: Melba McGee, Environmental Coordinator
Office of Legislative and Intergovernmental Affairs
North Carolina Department of Environment and Natural Resources
and
Doug Huggett, Major Permits Processing Coordinator
Division of Coastal Management
North Carolina Department of Environment and Natural Resources
FROM: Maria Tripp,Northeast Coastal Region Coordinator
Habitat Conservation Section
DATE: April 1, 2005
SUBJECT: Comments on Environmental Assessment for Eagle Trace Community Marina,
Beaufort County,North Carolina.
OLIA No. 1299
Biologists with the North Carolina Wildlife Resources Commission(Commission)reviewed the
permit application with regard to impacts on fish and wildlife resources. The project site is located at the
end of SR 1167(Whitehurst Road)adjacent the Pamlico River near Blounts Creek,NC. Our comments
are provided in accordance with provisions of the Coastal Area Management Act(G.S. I I3A-100 through
113A-128), as amended,and the Fish and Wildlife Coordination Act(48 Stat. 401,as amended; 16 U.S.C.
661 et seq.).
The environmental assessment(EA)submitted by Charleston and Associates, LLC,proposes to
expand an existing 10-slip pier facility by constructing an additional 42 slips. This 52-slip structure will
service the Eagle Trace Subdivision. Two 6' x 135' long piers will be constructed along each side of the
existing pier,with 18 proposed slips on each new pier and an additional 6 slips on the existing structure.
The three piers will be connected by a 6'x 110'access pier.New construction will not project farther
waterward than the 336' length of the existing pier.Water depth at the proposed slips is-2.5'to-3'NWL.
A portable pump out with pump and haul disposal will be available for use by the homeowners of the
subdivision.
Based on review of the available records and the pre-existing use of the area,the Commission
does not anticipate a significant increase of adverse effects to the area from the facility expansion.We
request a management plan be developed that addresses overnight docking, spills,what spill control and
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh,NC 27699-1721
Telephone: [phone] ext. 281 • Fax: [phone]

Eagle Trace Community Marina Page 2 April 1,2005
OLIA No.1299
clean-up equipment will be available, and minimally identifies whether a trained dock master will
monitor the area.This plan should also include the posting of information for boaters including
emergency numbers and facility contacts.
We appreciate the opportunity to review and comment on this permit application. If you need
further assistance or additional information,please contact me at(252)948-3916.
cc: McKenna, S.—NC Division of Marine Fisheries
Steffens, T.—NC Division of Water Quality

� • 0 COTST.gT�
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: Mr. Preston P. Pate, Jr.
Director D
Division of Marine Fisheries
FROM: Doug Huggett MAYT
Major Permits Processing Coordinator I
DATE: 29 March 2005 �—
SUBJECT: CAMA and Dredge & Fill Application Review
APPLICANT: Mr. Howard Nichols
The East Group, P.A.
Authorized Agent for Eagle Trace Subdivision for Charleston &
Associates, LLC, (formerly Whitehurst Shores Subdivision)
PROJECT LOCATION: Beaufort County
PROPOSED PROJECT: Applicant proposes to expand an existing 10 slip pier facility by
adding 42 slips for a total of 52 at Eagle Trace Subdivision at Core
Point.
Please indicate below your position or viewpoint on the proposed project and return this
form by 19 April 2005. Please contact David W. Moye, at 252-948-3952, if you have any
questions regarding the proposed project. When appropriate, in depth comments with supporting
data are requested.
REPLY ,'--�This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the proposed project only if the recommended
changes are incorporated. See attached.
This office objects to the proposed project for reasons described in the
attached comments.
Signed L Date
NorthCarolina
943 Washington Square Mall,Washington,North Carolina 27889 Naturally
Phone:[phone] FAX:[phone] Internet:www.nccoastalmanagement.neU
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�pE COASTgT'T
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: Mr. Preston P. Pate, Jr.
Director
Division of Marine Fisheries
FROM: Doug Huggett
Major Permits Processing Coordinator
DATE: 29 March 2005
SUBJECT: CAMA and Dredge & Fill Application Review
APPLICANT: Mr. Howard Nichols
The East Group, P.A.
Authorized Agent for Eagle Trace Subdivision for Charleston &
Associates, LLC, (formerly Whitehurst Shores Subdivision)
PROJECT LOCATION: Beaufort County
PROPOSED PROJECT: Applicant proposes to expand an existing 10 slip pier facility by
adding 42 slips for a total of 52 at Eagle Trace Subdivision at Core
Point.
Please indicate below your position or viewpoint on the proposed project and return this
form by 19 April 2005. Please contact David W. Moye, at 252-948-3952, if you have any
questions regarding the proposed project. When appropriate, in depth comments with supporting
data are requested.
REPLY / This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the proposed project only if the recommended
changes are incorporated. See attached.
This office objects to the proposed project for reasons described in the
attached comments.
Signed G Date /ZlyA—;--'
One
NorthCarolina
943 Washington Square Mall,Washington,North Carolina 27889 Vaturall f
Phone:[phone] FAX:[phone] Internet:www.nccoastalmanagement.net/
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apt COfSTq�41
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f
North Carolina Department of Environment and Natural Resources 0 5 2005
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross, Jd Qbla®CM
MEMORANDUM
TO: Joe Henderson
NC Department of Administration E C E J\1 rc
State Property Office -----
FROM: Doug Huggett FR MAA 3 1 2005 LJ4
Major Permits Processing Coordinator
DATE: 29 March 2005 DOA STATE PROPERTY OFFIOE
SUBJECT: CAMA and Dredge & Fill Application Review
APPLICANT: Mr. Howard Nichols
The East Group, P.A.
Authorized Agent for Eagle Trace Subdivision for Charleston &
Associates, LLC, (formerly Whitehurst Shores Subdivision)
PROJECT LOCATION: Beaufort County
PROPOSED PROJECT: Applicant proposes to expand an existing 10 slip pier facility by
adding 42 slips for a total of 52 at Eagle Trace Subdivision at Core
Point.
Please indicate below your position or viewpoint on the proposed project and return this
form by 19 April 2005. Please contact David W. Moye, at 252-948-3952, if you have any
questions regarding the proposed project. When appropriate, in depth comments with supporting
data are requested.
REPLY �' This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the proposed project only if the.recommended
changes are incorporated. See attached.
This office objects to the proposed project for reasons described in the
attached comments.
Signed Date
7 -
One
NoAhCarolina
943 Washington Square Mall,Washington,North Carolina 27889 Naturally
Phone:[phone] FAX:[phone] Internet:www.nccoastalmanagement.netl
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t a
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: Mr. William McNeil
Director
Division of Community Assistance
FROM: Doug Huggett
Major Permits Processing Coordinator
DATE: 29 March 2005
SUBJECT: CAMA and Dredge & Fill Application Review
APPLICANT: Mr. Howard Nichols
The East Group, P.A.
Authorized Agent for Eagle Trace Subdivision for Charleston &
Associates, LLC, (formerly Whitehurst Shores Subdivision)
PROJECT LOCATION: Beaufort County
PROPOSED PROJECT: Applicant proposes to expand an existing 10 slip pier facility by
adding 42 slips for a total of 52 at Eagle Trace Subdivision at Core
Point.
Please indicate below your position or viewpoint on the proposed project and return this
form by 19 April 2005. Please contact David W. Moye, at 252-948-3952, if you have any
questions regarding the proposed project. When appropriate, in depth comments with supporting
data are requested.
REPLY This office has no objection to the project as proposed.
L/ This office has no comment on the proposed project.
This office approves of the proposed project only if the recommended
changes are incorporated. See attached.
This office objects to the proposed project for reasons described in the
attached comments.
Signed Date 3 3
NoAhCarohna
943 Washington Square Mall,Washington,North Carolina 27889 Naturally
Phone:[phone] FAX:[phone] Internet:www.nccoastalmanagement.neV
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a°F coasr,��
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
..q a•.:% s�4k, N
TO: Mr. Jim D. Simons, P.G., P.E.
State Geologist& Director
g 0 3 2005
MAY Division of Land Resources
FROM: Doug Huggett Morehead City DCM
Major Permits Processing Coordinator
DATE: 29 March 2005
SUBJECT: CAMA and Dredge & Fill Application Review
APPLICANT: Mr. Howard Nichols
The East Group, P.A.
Authorized Agent for Eagle Trace Subdivision for Charleston &
Associates, LLC, (formerly Whitehurst Shores Subdivision)
PROJECT LOCATION: Beaufort County
PROPOSED PROJECT: Applicant proposes to expand an existing 10 slip pier facility by
adding 42 slips for a total of 52 at Eagle Trace Subdivision at Core
Point.
Please indicate below your position or viewpoint on the proposed project and return this
form by 19 April 2005. Please contact David W. Moye, at 252-948-3952, if you have any
questions regarding the proposed project. When appropriate, in depth comments with supporting
data are requested.
REPLYThis office has no objection to the project as proposed.
X This office has no comment on the proposed project.
This office approves of the proposed project only if the recommended
changes are incorporated. See attached.
This office objects to the proposed project for reasons described in the
attached comments.
Signed X12Date OS
NoAhCarolina
943 Washington Square Mall,Washington,North Carolina 27889 Naturally
Phone:[phone] FAX:[phone] Internet:www.nocoastalmanagement.nev
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OF COAMTg1
IrAl
V AR 31► 2005
�Jorth Carolina Department of Environment and Natural Resource§,;,(,;,� c%St_PVAtkA
ooh Division of Coastal Management
N `ltael F. � r�'►1 j,,PAarles S. Jones, Director William G. Ross, Jr., Secretary� � MEMORANDUM
All it>
TO- W Renee Gledhill-Early 1,n'
NC Department of Cultural Resources -- : 6Z 0;t l l(a3t4
O< Archives & History Building
FROM: Doug Huggett �
rO7 105—
Major Permits Processing Coordinator
DATE: 29 March 2005
SUBJECT: CAMA and Dredge & Fill Application Review
APPLICANT: Mr. Howard Nichols
The East Group, P.A.
Authorized Agent for Eagle Trace Subdivision for Charleston &
Associates, LLC, (formerly Whitehurst Shores Subdivision)
PROJECT LOCATION: Beaufort County
PROPOSED PROJECT: Applicant proposes to expand an existing 10 slip pier facility by
adding 42 slips for a total of 52 at Eagle Trace Subdivision at Core
Point.
Please indicate below your position or viewpoint on the proposed project and return this
form by 19 April 2005. Please contact David W. Moye, at 252-948-3952, if you have any
questions regarding the proposed project. When appropriate, in depth comments with supporting
data are requested.
REPLY This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the proposed project only if the recommended
changes are incorporated. See attached.
This office objects to the proposed project for reasons described in the
attached comments.
Signed L Date alxllbj
One
NoAhCarolina
943 Washington Square Mall,Washington,North Carolina 27889 Naturally
Phone:[phone] FAX:[phone] Internet:www.nccoastalmanagement.neV APR u 1 2005
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aoF consr,��r
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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
-d
MEMORANDUM
TO: Patty Fowler
NCDENR FWR
Division of Environmental Health
LS
FROM: Doug Huggett 3 Q �;
Major Permits Processing Coordinator 2M L..
DATE: 29 March 2005 SHE[IFISH SANITATION
SUBJECT: CAMA and Dredge & Fill Application Review
APPLICANT: Mr. Howard Nichols
The East Group, P.A.
Authorized Agent for Eagle Trace Subdivision for Charleston &
Associates, LLC, (formerly Whitehurst Shores Subdivision)
PROJECT LOCATION: Beaufort County
PROPOSED PROJECT: Applicant proposes to expand an existing 10 slip pier facility by
adding 42 slips for a total of 52 at Eagle Trace Subdivision at Core
Point.
Please indicate below your position or viewpoint on the proposed project and return this
form by 19 April 2005. Please contact David W. Moye, at 252-948-3952, if you have any
questions regarding the proposed project. When appropriate, in depth comments with supporting
data are requested.
REPLY This office has no objection to the project as proposed.
&V rok q -G n. - 1'�'0VtA,,A of gk� t�s[j c&)sJre. 1,nC
This office has no comment on the proposed project.
This office approves of the proposed project only if the recommended
changes are incorporated. See attached.
This office objects to the proposed project for reasons described in the
. attache
d comments.
Sig ned (L �C/U Date
NorthCarolina
943 Washington Square Mall,Washington,North Carolina 27889 JVaNrally
Phone:[phone] FAX:[phone] Internet:www.nccoastalmanagement.nev
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u�
3
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: Maria Tripp
NC Wildlife Resources Commission
FROM: Doug Huggett Q
Major Permits Processing Coordinator MAR rn
DATE: 29 March 2005
NHabbt RECEIVED00
e & Fill Application Review �0 SUBJECT: CAMA and Dredge �
g pp
APPLICANT: Mr. Howard Nichols
The East Group, P.A.
Authorized Agent for Eagle Trace Subdivision for Charleston &
Associates, LLC, (formerly Whitehurst Shores Subdivision)
PROJECT LOCATION: Beaufort County
PROPOSED PROJECT: Applicant proposes to expand an existing 10 slip pier facility by
adding 42 slips for a total of 52 at Eagle Trace Subdivision at Core
Point.
Please indicate below your position or viewpoint on the proposed project and return this
form by 19 April 2005. Please contact David W. Moye, at 252-948-3952, if you have any
questions regarding the proposed project. When appropriate, in depth comments with supporting
data are requested.
REPLY This office has no objection to the project as proposed.
This office has no comment on the proposed project.
t This office approves of the proposed project only if the recommended
changes are incorporated. See attached.
This office objects to the proposed project for reasons described in the
attached comments.
Signed Date 1-2 oo
NorthCarolina
943 Washington Square Mall,Washington,North Carolina 27889 Naturally
Phone:[phone] FAX:[phone] Internet:www.nccoastalmanagement.neV
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` NORTH CAROLINA STATE CLEARINGHOUSE n
DEPARTMENT OF ADMINISTRATION All�
INTERGOVERDThIENTAL REVIEW
STATE NUMBER: 06-E-4300-0066 G02
DATE RECEIVED: 08/30/2005
AGENCY RESPONSE: 09/27/2005
REVIEW CLOSED: 10/02/2005
MS CARRIE ATKINSON
CLEARINGHOUSE COORD
DEPT OF TRANSPORTATION
STATEWIDE PLANNING - MSC #1554 �tg2520105���B9
RALEIGH NC
REVIEW DISTRIBUTION <900s �v
CC&PS - DEM, NFIP 000 '�Fj�'F
DEHNR - COASTAL MGT ::: p��
DENR LEGISLATIVE AFFAIRS ""�
DEPT OF CUL RESOURCES a�
DEPT OF TRANSPORTATIONV�
MID EAST COMMISSION
PROJECT INFORMATION
APPLICANT: N.C. Dept. of Env. & Nat. Resources
TYPE: State Environmental Policy Act
ERD: Environmental Assessment/Finding of No Significant Impact
DESC: Construction of Eagle Trace Community Marina; 42 slip addition to an existing
10-slip facility adjacent to the Pamlico River
The attached project has been submitted to the N. C. State Clearinghouse for
intergovernmental review. Please review and submit your response by the above
indicated date to 1301 Mail Service Center, Raleigh NC 27699-1301.
If additional review time is needed, please contact this office at [phone].
AS A RESVTHIS REVIEW THE FOLLOWING IS SUBMITTED:
COMMENT 6 789
COMMENTS ATTACHED 0
SIGNED N D BY: �4
�f v;
DATE:

MEMORANDUM 0§ D
APR 0 4 2005
TO: Doug Huggett Morehead City DCM
THROUGH: Terry Moore (X-"N
FROM: David Moye
DATE: 28 March 2005
SUBJECT: Eagle Trace Subdivision Major Modification Application
Currently issued under CAMA Major Permit No. 16-03
The proposed project appears to be consistent with the rules found in Subchapter 7H
concerning development in Estuarine Water, Public Trust Areas, and Coastal Shorelines. It is
important to note that with ±1,552'of shoreline available through restrictive deed (see attached
application), the proposed ±23,580ft2 of development is well below the ±41,904ft2 that is allowed
by the 27 square foot rule for subdivision marinas.
The applicant is pursuing an EA to comply with the NC SEPA. The green cards will be
forwarded to you when I obtain them.
I recommend issuance of the permit and in addition to the standard conditions would suggest
the following be included:
Conditions
1. Prior to occupancy of any new slips authorized under this permit, a marine pump out sewage
disposal facility will be installed and operable (and maintained for the life of the marina).
2. The marina will display a sign showing the location of the onsite pump out facility, including
other appropriate waste disposal information.
3. No sewage, whether treated or untreated, shall be discharged at any time from boats using the
marina. Any sewage discharge at the marina shall be considered a violation of this permit for
which the permittee is responsible. This prohibition shall be applied and enforced throughout
the entire existence of the permitted structure.
Photos of the site can be found in the photo file under Whitehurst Shores Subdivision.

O� W ATF9 Michael F.Easley,Governor
William G.Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
Uj Alan W.Klimek, P.E. Director
Division of Water Quality
0 �
March 23, 2005
Melba McGee
Environmental Coordinator
Office of Legislative and Governmental Affairs
1601 MSC
Raleigh, INC 27699-1601
Environmental Assessment Review
Project Number 1299
Eagle Trace Community Marina
Beaufort county
The following comments are forwarded to you from the Washington Regional Office of the Division of Water Quality
concerning the Environmental Assessment for the proposed community marina in the Eagle Trace Subdivision. Staff at
WaRO has reviewed the EA concerning various aspects of the proposed project.
From the comprehensive review of the draft Environmental Assessment document submitted for review, the Washington
Regional Office of the Division of Water Quality finds that there is insufficient information to complete the review for
the following reasons:
MARINA OPERATIONS
- The EA states that a sewage pump-out will be made available to the proposed users of the slip. However the
pump-out location has not been established nor is there a permitted site located in the subdivision plans
submitted with the EA. Absence of a permitted disposal method would preclude this Division from approving this
project.
- A comprehensive operations and maintenance manual should be submitted indicating exactly how potential
pollutants from the slip-holders will be enforced. Are there EPA/SPCC materials available to the users?Where will
they be located?Who will be responsible for addressing this issue?
- Given the geographical location of this proposed marina and its linear extent into the main stem of the Pamlico
River, the applicant has not proposed any type of wave attenuators or other methods to provide protection in this
high-energy environment. The applicant should explore the possible need for this type of protection and address
it in the EA.
The Division of Water Quality appreciates the opportunity to comment on this proposed development. If you have any
questi ns or corn ent concerning these issues please contact Tom Steffens @ 252-948-3920.
Tom Steffe
*A
NCUEf A
N C nivisinn of Water Onality 1617 Mail Service Center Raleiah NC 27699-1617 19191 733-7015 Customer Service

RCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor William G.Ross Jr., Secretary
March 22, 2005
MEMORANDUM
TO: Melba McGee
FROM: Harry LeGrand,Natural Heritage Program L
SUBJECT: EA for Eagle Trace Community Marina, Beaufort County
REFERENCE: #1299
The Natural Heritage Program is aware of the presence of an active nest of the bald eagle
(Haliaeetus leucocephalus), a Federally Threatened species, from the project area, as indicated in
the EA. Our Program appreciates the necessary Section 7 consultation (of the Endangered
Species Act) between the applicant and the U.S. Fish and Wildlife Service regarding the potential
impact to the nesting pair of eagles, as indicated in the Biological Opinion letter from Garland B.
Pardue of the Raleigh office of the Service (in the EA document). We support the opinion of the
Service in the matter, in that the project "may lead to abandonment of this nest"but that"the
eagles will probably build a new nest elsewhere. The loss of this nest, including eggs or chicks,
will not appreciably affect the overall survival and recovery of the bald eagle in North,Carolina"
[quoted from the Biological Opinion letter].
1601 Mail Service Center,Raleigh,North Carolina 27699-1601 One
Phone: [phone]-FAX: [phone]•Internet:www.enr.state.nc.us NorthCarohna
An Equal Opportunity•Affirmative Action Employer-50%Recycled•10%Post Consumer Paper Aaturallff

Eagle Trace Community Marina
Environmental Assessment
BEAUFORT COUNTY, NORTH CAROLINA
The purpose of this Environmental Assessment (EA) is to provide the North Carolina
Department of Environment and Natural Resources and associated agencies with a decision
making tool to determine if the proposed expansion of the Eagle Trace marina footprint is of
sufficient impact to the environment as to require the preparation of an Environmental Impact
Statement (EIS). If an EIS is not warranted, a Finding of No Significant Impact (FONSI) will be
issued prior to action on any major modification of CAMA Development Permit #16-03. A
FONSI does not assure issuance of a major modification.
A major modification of CAMA Major Development Permit #16-03 application will be
submitted to the North Carolina Division of Coastal Management and the US Army Corps of
Engineers for review. The State review of this permit application is coordinated by DCM. Other
commenting State agencies include the Divisions of Water Quality, Land Resources, Water
Resources, Marine Fisheries, Environmental Health, Archives and History, Community
Assistance as well as the Wildlife Resources Commission, the Department of Administration and
the Department of Transportation. Federal review is coordinated by the Army Corps of
Engineers. Commenting Federal agencies include the Environmental Protection Agency,
National Marine Fisheries Service, and the Fish and Wildlife Service.
Environmental Assessment
Eagle Trace Community Marina, Pamlico River, Beaufort County
1

A. Proposed Project Description
The 147.4-acre Eagle Trace subdivision is located at the terminus of NCSR 1167 (Whitehurst
Road), approximately eight miles north of NC Highway 33 and northwest of Aurora in Beaufort
County, NC (Sheets 1 and 2). The approximate latitude and longitude location is 35 25' 26" N
and 76 51' 50" W. The property is bounded to the north by Pamlico River, which drains
eventually into the Pamlico Sound.
In 2003 and 2004, the applicant applied for and obtained the required permits (Appendix A)
needed to construct an 85-lot residential subdivision with a boat ramp, community boardwalk,
bulkheading, wooden groin, dock house, and a 10-slip docking facility. The water-dependent
structures have been constructed and the additional development is underway.
x Purpose and Need for Proposed Project
Currently, there are eighty-five single-family lots in the Eagle Trace subdivision and only a 10-
slip docking facility. This project is designed to provide additional lot owners a community
marina to serve the housing and recreational needs of the subdivision. This area attracts many
residents who enjoy the scenic and recreational resources of the Pamlico River. As a result,
waterfront property with an associated boating facility is increasingly popular among lot buyers
in this region. As the demand for water access increases, the number of boat slips available in the
area decreases. This project will help to meet this demand.
Environmental Assessment
Eagle Trace Community Marina, Pamlico River, Beaufort County
2
i

C. Alternatives Analysis
(1) No-Action Alternative
This alternative would leave the subdivision with only the 10 slips now available and
would deny the ability to expand the marina footprint. This alternative is not
preferred since it under-utilizes space within the riparian corridor and greatly reduces
the opportunity for a reasonable return on investment.
(2) Individual Piers
This option would result in waterfront lot owners individually constructing piers on
their property instead of having one central community marina within the tract.
Although riparian access to those waterfront lots was restricted by the existing
CAMA Major permit, this alternative would have been available if no centralized
dock system had been planned. Those lot owners who have waterfront property
would have been able to build a pier and the central marina option would be lost.
Assuming the 17 waterfront lot owners constructed 2-slip piers along the waterfront,
up to 34 slips might have been built along the length of the shoreline. These piers
would most likely fall within shallow, organic habitats. Furthermore, they would not
have an associated pumpout facility to minimize pollution. Lastly, interior property
owners would not have convenient access to water and recreational resources and
would have to travel to the next closest marina that had available slips. Therefore, this
option would allow fewer slips than the preferred alternative and no pumpout facility
Environmental Assessment
Eagle Trace Community Marina, Pamlico River, Beaufort County
3

to minimize pollution. In addition, the needs of all lot owners for convenient access to
recreational resources would not be met.
(3) Upland Basin Marina
An upland basin marina was not considered feasible since it might have resulted in
wetland and bald eagle impacts. The majority of the tract's shoreline had existing,
platted single family lots on the eastern waterfront along Whitehurst Road (see Sheet
6). Therefore, the most suitable area for community waterfront access was located at
the western end of the shoreline. A freshwater, riparian wetland system is located
here and connects to the river along this portion of the shoreline. The wetland system
is situated parallel to the river, approximately 150' inland, before discharging into the
river at the western property corner (Sheet 5). The upland area where a basin might
have been placed is located between the existing ramp access/tum around and the
wetland system. The upland area is roughly 150' deep, as measured from the
shoreline to the freshwater wetland limit. With the numbers of boat slips proposed,
the open water dock system is 135' in depth. A similar basin size would have placed
the basin and its tie-back system very close, if not into, the wetland edge. Even if
direct impacts could have been avoided, indirect wetland impacts resulting from
having an excavated basin at the very edge of the wetland limits would have been a
concern. In addition, the eagle's nest which was identified on the property is located
within this wetland system, approximately 700' inland from the potential upland
marina area. This upland area fell within the bald eagle's primary protection zone
(See enclosed USFWS biological opinion document and Sheet 6). Siting boats in the
open river lessened the impact to this wildlife resource by moving boat traffic and
noise from the primary protection zone to the secondary protection zone.
(4) The Applicant's Preferred Alternative
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Eagle Trace Community Marina, Pamlico River, Beaufort County
4

The applicant proposes to build 42 additional slips onto the existing 10-slip docking
facility, resulting in a total of 52 slips. Eight of these slips will be added to the
existing dock spine and will be located landward, so as not to exceed the 1/4-width of
the waterbody criteria. In addition, two new spines will be constructed parallel to the
existing spine, with the existing spine located in the center. Each of these new spines
will support 17 slips. All slips will be 30' in length and will be accessed by 20' x 3'
finger piers. Common area along the waterfront provides 1,552 linear feet of
shoreline, and provides the required shoreline needed for the requested dock area. The
existing fixed pier will provide access to the expanded dock system. All new
structures would be located more than 200' from the property's riparian corridor
limits. Standard marina construction techniques will be incorporated with the usage of
wood docks and corrosion-resistant fasteners and hardware. No marine services
would be offered at this community facility. This development would require a
submerged lands easement from the State of North Carolina to cover the over public
trust bottom covered by the overall marina. This CAMA Major permit is a current
and active permit, however, the expansion of the footprint area constitutes a major
modification and required preparation of this Environmental Assessment.
D. Existing Environmental Characteristics of the Project Area
(1) Topography
Elevations throughout the upland portions of the site average 8' MSL with maximum
Environmental Assessment
Eagle Trace Community Marina, Pamlico River, Beaufort County
5

spot elevations of 10' MSL. These elevations gradually decrease along the upper
limits of Cupler Slough and then drop quickly to the creek beds. Water elevations in
the area where the additional slips are proposed range are a minimum of-3' NLW.
(2) Soils
According to the USDA Soil Survey of Beaufort County, upland portions of the
property contain Altavista loamy fine sand and Augusta fine sandy loam. Wetlands
contain Dorovan muck, Roanoke fine sandy loam, and Portsmouth loam soils.
(3) Land Use
This site is currently being developed as a residential subdivision with 85 lots. The
Beaufort County Land Use Plan designates the area as "transitional". There is no
local zoning.
(4) Wetlands
The limits of 404 wetlands were delineated by Mr. Paul Farley of Land Management
Group, Inc. and then approved by Mr. Scott Jones of the U.S. Army Corps of
Engineers on May 20, 2003. Approximately 28 acres of riparian wetlands were
identified along the western section of the property. During development of the
subdivision, the applicant applied for and received a Nationwide Permit 14 that
allowed impacts to 0.33 acre of 404 wetlands due to three road crossings. As a
Environmental Assessment
Eagle Trace Community Marina, Pamlico River, Beaufort County
6

condition of this permit, the remaining wetlands (27.77 acres) were preserved in
perpetuity under a conservation easement.
(5) Prime or Unique Agricultural Lands
No prime or unique agricultural lands are located on the subject property.
(6) Public Lands and Scenic Recreational and State Natural Areas
No public lands or state natural areas are located above mean high water on the
subject property. The property overlooks the Pamlico River and contains 1,552 linear
feet of common area shoreline along waterfront lots 4-17. This access to the Pamlico
River was an essential part of the property's value to the developer. In addition, the
Pamlico River is used for a variety of water-related recreational activities such as
boating and fishing.
The current ten slip docking facility covers approximately 5,100 ft2 of public trust
bottom. The final marina with all 52 slips would cover 40,230 ft2 of public trust
bottom. An easement for areas of public trust occupied by all current and proposed
boat slips will be obtained, as required, from the State Property Office following
permitting.
(7) Areas of Archaeological or Historic Value
There are no known historic or archaeological occurrences within this property.
Environmental Assessment
Eagle Trace Community Marina, Pamlico River, Beaufort County
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(8) Air Quality
The Washington Regional Office of the NC Department of Environment and Natural
Resources has jurisdiction over the air quality in this location. It has been determined
that the ambient air quality for Beaufort County is in compliance with the National
Ambient Air Quality Standards.
(9) Noise Levels
The current noise levels at the project site are low and are generated primarily nearby
road and boat traffic.
(10) Water Resources (Surface Water and Groundwater)
The primary groundwater resource for Beaufort County is the Castle Hayne aquifer.
Water service to this site is provided by the Beaufort County Water District. No
drinking water wells are located on the property. One drainage feature is located
within the property limits. The easternmost finger of the Cupler Sloughs runs through
the western section of the tract.
(11) Forest Resources
Most of the uplands within the site have been cleared for development. Remaining
upland vegetation consists of mixed hardwood and pine assemblages including
loblolly pine (Pinus taeda), white oak (Quercus alba), red oak (Q.falcata), and red
Environmental Assessment
Eagle Trace Community Marina, Pamlico River, Beaufort County
8

maple(Acer rubrum) in the canopy and hickory (Carya glabra), American holly (Ilex
opaca), and red bay (Persea borbonia) in the shrub layer. Riparian wetlands exist
along the western section of the property in a conservation easement and contain bald
cypress (Taxodium distichum), black gum (Nyssa sylvatica), red maple (Acer
rubrum), and cinnamon fern (Osmunda cinnamomea).
(12) Shellfish or Fish and Their Habitats
This site borders the Pamlico River, which is classified by the Division of Water
Quality as SB waters/nutrient sensitive waters. The SB classification indicates that the
waters are suitable for swimming on a frequent or organized basis, secondary
recreation activities, and aquatic life propagation. The State does not deem the waters
suitable for shellfishing for the purpose of marketing or human consumption, and
shellfish quantities in the immediate area are unknown.
The river in this area is not classified by the NC Division of Marine Fisheries as a
primary nursery area(PNA). The project area was investigated for the presence of
submerged aquatic vegetation through a review of available aerial and database
resources. As an initial examination, aerial photographs from 1983 and 1991 were
reviewed. No seagrass beds were evident within the project area using these
photographs.
Although there is apparently no primary nursery habitat, the Pamlico River does offer
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Eagle Trace Community Marina, Pamlico River, Beaufort County
9

habitat for many adult fish species. Species which can be found in the river include,
but are not limited to: Striped bass (Moron saxatilis), Spot (Leiostomus xanthurus),
Atlantic croaker(Micropogonias undulatus),Bowfin (Amia calva), Shad, Trout,
Atlantic Menhaden (Brevoortia tyrannus), Yellow fin perch(Perca flavescens),
Longnose gar(Lepisosteus osseus), Bluegill (Lepomis macrochirus) and Flounder
(Paralichthys dentalus).
(13) Wildlife and Natural Vegetation
The U.S. Fish and Wildlife Service and the National Marine Fisheries Service have
provided the following list of plants and animals that are Federally-Listed, Candidate
Species, and Federal Species of Concern which could be present within Beaufort
County (Table 1).
Table 1.List of federally protected species known to occur in Beaufort County,NC.
Common Name Scientific Name Status
Animals
Bald eagle Haliaeetus leucocephalus Threatened
Carolina gopher frog Rana capito capito FSC
Henslow's sparrow Ammodramus henslowii FSC
Kemp's ridley sea turtle Lepidochelys kempii Endangered
West Indian manatee Trichechus manatus Endangered
Rafinesque's big-eared bat Corynorhinus rafinesquii FSC
Red-cockaded woodpecker Picoides borealis Endangered
Red wolf I Canis rufus EXP
Plants
Carolian asphodel Tofieldia glabra FSC
Rough-leaved loosestrife Lysimachia asperulaefolia Endangered
Sensitive jointvetch Aeschynomene virginica Threatened
Venus flytrap Dionea muscipula FSC
Environmental Assessment
Eagle Trace Community Manna, Pamlico River, Beaufort County
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Status Definition
Endangered A taxon"in danger of extinction throughout all or a significant portion of its range."
Threatened A taxon"likely to become endangered within the foreseeable future throughout all or a significant
portion of its range."
FSC A Federal species of concern,species which may not be listed in the future(formerly C2 candidate
species,or species under consideration for listing for which there is insufficient information to
support listing).
During the Nationwide permitting phase of the subdivision, a bald eagle's nest was
discovered within a cypress tree found in the 404 wetlands. It was determined that a
majority of the proposed residential development was located within the primary or
secondary zones of protection for the species. Because the bald eagle is federally
protected (listed as Threatened), the applicant prepared a Biological Assessment for
the project and the U.S. Fish and Wildlife Service (FWS) issued a Biological Opinion
(Appendix B). This B.O. ultimately determined that the project may impact the
known bald eagle's nest. Several terms and conditions were compiled to minimize or
compensate for the project's potential impact on the eagle (pg. 14 of B.O.) and the
FWS issued an Incidental Take Statement. The B.O. determined that no other
federally protected species known to occur within Beaufort County would be
impacted by the project.
E. Predicted Environmental Effects
(1) Topography
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Eagle Trace Community Marina, Pamlico River, Beaufort County
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The proposed expansion would be located entirely over open water, and no upland
elevations will be altered. All upland development for parking and associated access
was permitted by the original CAMA permit (#16-03). No dredging is requested.
(2) Soils
The proposed expansion would be located entirely over open water, and no upland
soils will be altered. All upland development for parking and associated access was
permitted by the original CAMA permit (#16-03).
(3) Land Use
The project proposes to enlarge an existing docking facility by an additional 42 slips
and will not change current land usage. Therefore, no significant changes in land
usage will result from this project.
(4) Wetlands
No wetlands will be impacted from the proposed expansion of the docking facility.
(5) Prime or Unique Agricultural Lands
No uplands are involved in the proposed project area, therefore, no prime or unique
agricultural lands will be affected.
(6) Public Lands and Scenic Recreational and State Natural Areas
I Environmental Assessment
Eagle Trace Community Marina, Pamlico River, Beaufort County
12

An application will be submitted to the State Property Office for an easement over
40,230 ft2 of public trust bottom(existing ten slip facility plus the proposed
expansion). Impacts to the use of public bottom would be equivalent to the many
other open-water marina located through out the state. No significantly detrimental
impact will result.
(7) Areas of Archaeological or Historic Value
No uplands are present in the project area, therefore, no structures will be impacted.
There are no known submerged archaeological artifacts within the expansion area. A
final determination by the State Historic Preservation Office (SHPO) is pending their
review of this document.
(8) Air Quality
The proposed marina would result in 42 new boat slips, and could potentially increase
boat traffic within the vicinity of the marina. Because slips will be leased or sold
only to residents of the subdivision, there will be no additional car or truck traffic
resulting from the additional slips. The addition of 42 new boat slips is not expected
to result in a discernable increase in ambient air quality parameters. No significant
impact is expected.
(9) Noise Levels
Environmental Assessment
Eagle Trace Community Marina, Pamlico River, Beaufort County
13

The proposed project would expand an existing docking facility, where current
ambient levels include occasional motor boating. During the peak season, the
increased number of boats in a single location may increase noise levels above the
current ambient conditions. However, it is expected the noise levels will be
concentrated within the vicinity of the marina and residents of the associated
subdivision would be the most affected. Impacts are considered to be minimal.
(10) Water Resources (Surface Water and Groundwater)
No fueling or maintenance services are currently provided at the Eagle Trace docking
facility, and no such services are proposed in this proposed expansion. There is no
request to withdraw groundwater. No changes to groundwater quality are proposed
and no indirect impacts are expected.
(11) Forest Resources
The addition of boat slips will occur over water, and no forest resources will be
impacted.
(12) Shellfish or Fish and Their Habitats
The additional 42 slips will not require dredging, but will require the utilization of an
additional 40,230 ft2 of public trust bottom. Enlargement of the current footprint is
needed for the addition of three dock spines. Portions of the water column within the
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Eagle Trace Community Marina, Pamlico River, Beaufort County
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expansion area will be occupied by moored boats, but minimal mooring pilings will
be the only permanent structure within the water column.
Impacts to shellfish and fishery habitat are expected to be minimal given the lack of
nursery habitat, the existing shellfish closure, and the lack of any adjacent shellfish
resources. Adult fish should be only minimally impacted since there will be little
physical change to the environment and water flows and access will not be restricted.
Shallow waters along the shoreline will not be disturbed. The proposed project is
expected to promote primary and secondary recreation, while maintaining fishery
habitat, and is consistent with the State's water use designation.
(13) Wildlife and Natural Vegetation
The proposed slips would be situated over open water, where depths average-T
NLW. The majority of the species listed in Table 1 are terrestrial species requiring
habitats that would not be affected by the project construction. The only water-
dependent species listed above are the West Indian manatee and Kemp's ridley sea
turtle.
The proposed boat slips would slightly increase boating activity in the Pamlico River
(42 additional slips). Increased boating activity from the slips has the potential to
impact wildlife found in this area. However, the number of slips is small compared to
Environmental Assessment
Eagle Trace Community Marina, Pamlico River, Beaufort County
15

the overall number of slips already located in this area and any impact would be
minimal.
(14) Introduction of Toxic Substances
No significant levels of toxic substances will be introduced into the ground, air, or
water in association with this project. Any changes should be indiscernible from the
current level of usage and cumulative impacts should be minimal.
(15) Eutrophication of Receiving; Waters
The potential nutrient loading associated with additional boats and their wastewater
holding tanks will be controlled through marina policy and the availability of a pump-
out system. A"No Overboard Discharge" policy will be implemented and enforced
for all existing and additional boat slips requested with the expansion. A pump-out
system will be available either at the dock house or at the waterward end of one of the
dock spines. An easily accessible and convenient pump-out station provides the
opportunity to reduce marine waste from boats docked in the Eagle Trace marina.
No impervious cover or upland development is proposed with the proposed
expansion, as all associated upland development has been permitted under CAMA
permit#16-03. Sedimentation and erosion control and stormwater management
measures were reviewed and approved by the appropriate State agencies at that time.
These measures have been installed and will serve to prevent non-point discharges of
Environmental Assessment
Eagle Trace Community Marina, Pamlico River, Beaufort County
16

sediment and stormwater run-off. There is no point-source pollutants proposed with
the expansion.
Given the availability of a pump-out station and enforcement of the"No Overboard
Discharge" policy, the additional slips are not expected to significantly increase
eutrophication in the Pamlico River.
F. Cumulative Impacts
The addition of 42 boat slips will increase the amount of small, recreational boating on the
Pamlico River. The proposed slips would dock, on average, 30' length boats. That type of
small, recreational boat is consistent with the adjacent and current land use. The number of
directly adjacent, existing piers/docks along this shoreline was estimated from a 1999 USGS
aerial. From the photograph, the subdivision at the end of Crystal Beach Road and 2.5-miles to
the west of the proposed dock expansion was estimated to contain 19 apparently residential piers.
From that subdivision, extending approximately 2.5-miles east of the proposed dock expansion,
an additional 16 apparently residential dock were noted. Although the proposed expansion
would increase the number of boats in this vicinity of the river, the number of slips is not
considered to be out of proportion with the number of existing piers/potential slips. One benefit
of the proposed configuration is that dockage would be concentrated within a single dock
system, and may lessen some of the cumulative impacts resulting from the construction of
individual piers in separate locations.
Environmental Assessment
Eagle Trace Community Marina, Pamlico River, Beaufort County
17

G. Mitigative Measures
The proposed marina would avoid direct impacts to land usage, groundwater quality and sources,
archaeological resources, wetlands, shellfish resources, and primary nursery habitat. Impacts to
the fishery habitat have been minimized through the use of floating dock systems and through
the avoidance of shallow depths. Dredging has been avoided and no upland development is
associated with the modification request. Typical water quality concerns associated with
overboard discharges will be mitigated through marina policy and the availability of a pump out
system. Concentration of all boat slips to a single location on the shoreline and within the
riparian corridor of an existing docking facility is a further effort at minimization of impacts.
Although the expansion would require the use of additional public trust bottom and an increase
in the footprint, it reflects an overall minimization of environmental impacts.
H. Findings
This assessment finds impacts to the environment to be insignificant, and concludes the
preparation of an Environmental Impact Statement is not warranted. If this determination is
confirmed during Departmental Review, the major permits coordinator may add a Finding of No
Significant Impact (FONSI) statement to the EA prior to the State Clearing House review.
Following satisfaction of the requirements of the NCEPA, the Division of Coastal Management
may take action on the request for a major modification of CAMA Major Development Permit
#16-03.
L Compliance with Environmental Requirements
Environmental Assessment
Eagle Trace Community Marina, Pamlico River, Beaufort County
18

Federal, Review of the major modification request by federal agencies is coordinated by the
Army Corps of Engineers. The Corps will review the application for compliance with Section 10
of the Rivers and Harbors Act of 1899 which covers construction, dredging, filling and other
work in navigable waters. The Corps will also review the modification request for compliance
with Section 404 of the Clean Water Act which covers the discharge of dredged or fill material
into any waters or wetlands.
The Corps will distribution the modification request to the Environmental Protection Agency, the
National Marine Fisheries Service, and the U.S. Fish and Wildlife Service for their review and
comment. Comments from these agencies are received and considered by the Corps prior to any
permit issuance.
State The Division of Coastal Management coordinates the review process for all relevant state
agencies. State authorizations include the Coastal Area Management Act; Dredge and Fill Act;
Water Quality Certification; and Easement in Public Trust Areas. Copies of the modification
request are distributed by DCM to the state agencies for comment prior to issuance of any major
modification.
North Carolina Environmental Policy Act. The proposed project involves the use of public
lands below mean high water and therefore requires compliance with the NCEPA. This
Environmental Assessment is being submitted as documentation for such compliance. Based on
Environmental Assessment
Eagle Trace Community Marina, Pamlico River, Beaufort County
19

the assessment of impacts by the proposed project, a FONSI will be issued or preparation and
review of an Environmental Impact Statement will be required prior to permit action.
As required, prior to the construction of the proposed marina portion of the project,the applicant
will apply for and receive an easement in the State-owned, submerged land from the Department
of Administration State Property Office as required under NCGS 146-12(e).
J. Notification
Riparian Landowners. As required, all riparian landowners will receive copies of the CAMA
Major Modification request materials. Copies will be sent by certified mail. Riparian
landowners will have 30 days in which to submit written comments to DCM.
Public Notice DCM will issue a notice of the proposed permit modification in the local
newspaper as part of their review process.
Environmental Assessment Submittal. This EA is being submitted to Mr. Doug Huggett of the
Division of Coastal Management office in Raleigh, N.C. for circulation to commenting state
agencies.
Application Submittal, The CAMA Major Modification request is being submitted to Mr. Terry
Moore of the Division of Coastal Management field office in Washington, N.C. and to Mr.
Environmental Assessment
Eagle Trace Community Marina, Pamlico River, Beaufort County
20

Raleigh Bland of the Corps of Engineers Regulatory Branch at the district office in Washington,
N.C.
K. Point of Contact
Any comments or questions regarding this EA should be directed to Laura Stasavich, Land
Management Group, Inc, P.O. Box 2522, Wilmington, N.C. 28402. Telephone contact is (910)
452-0001.
L. Sources of Information
North Carolina Administrative Code. Title 15A DENR, Chapter 7, Coastal Management.
The East Group, personal communications.
US Fish and Wildlife Service and the National Marine Fisheries Service, Endangered and
Threatened Species Information, Beaufort County, NC.
NC Natural Heritage Program, personal communications.
Clark, M.K. 1993. Curator of Mammals, North Carolina State Museum of Natural Sciences.
Personal communication regarding seasonal distribution of manatees in the Cape Fear region;
p.6, In: Biological Assessment: Channel Realignment Masonboro Inlet,New Hanover County,
NC. August 1995. USACOE.
USFWS, 1999. West Indian Manatees in North Carolina,
http://web.ral.r4.fws.gov/mammal/manatee.html.
North Carolina Environmental Policy Act (NCEPA), Requirements for projects requiring a
Coastal Area Management Act (CAMA)Permit, Version 1, June, 1997.
North Carolina Administrative Code. Title 15A ENR-Departmental Rules Subchapter 1C.
Compliance with North Carolina Environmental Policy Act.
Environmental Assessment
Eagle Trace Community Marina, Pamlico River, Beaufort County
21

North Carolina Division of Water Quality. Classifications and Water Quality Standards Assigned
to the Waters of the Tar-Pamlico River Basin.
North Carolina Division of Water Quality, Division of Water Resources.
North Carolina Division of Water Quality, Tar/Pamlico Water Quality report.
NC State Historic Preservation Office, personal communication.
US Geological Survey, Bath Quad,N.C. 7.5 Minute Quadrangle Map.
US Geological Survey, EROS Data Center, Sioux Falls, South Dakota. NHAP Infra-red Aerial
Photography 1983.
US Department of Agriculture, Natural Resource Conservation Service, Soil Survey of Beaufort
County, North Carolina.
Environmental Assessment
Eagle Trace Community Marina, Pamlico River, Beaufort County
22

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Map Source: Bath, 1951 USGS 7.5'Topographic quadrangle.
'Project Area boundaries are approximate and not meant to be absolute.
200 1000 0 2000
SCALE 1" =2000'
Land Management Group, Inc. Environmental Assessment
Environmental Consultants Eagle Trace USGS Topographic Map
P.O.Box 2522 Community Marina 1951 Bath Quad
Wilmington,NC 28402 Beaufort County, NC
910-452-0001 11/17/2004 Sheet � of f
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01-04-221

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Land Management Group, Inc. Environmental Assessment
Environmental Consultants Eagle Trace NRCS Soil Survey
P.O.Box 2522 Community Marina Beaufort Co., Pg. 14
Wilmington,NC 28402 Beaufort County, NC
910-452-0001 01-04-221 11/17/2004 Sheet 3 Of

Permit Class Permit Number
NEW
— 16-03
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Charleston Associates LLC PO Box 3725 Frederick MD 21705-3725
kuthorizing development in Beaufort County at Pamlico River, Whitehurst Rd NCSR 1167
Zichland , as requested in the permittee's application dated 10/30/02,letters date 12/13/02
nd 2/27/03, incl. attatched wkpin dwgs (5),C1 & C2 dated 10/30/02,SU1 dated 7/16/02,C1.1 revised 8/22/02,C1.2 revised 8/23/02
"his permit,issued on Fehruary 27, 1003 , is subject to compliance with the application(where consistent
vith the permit),all applicable regulations, special conditions and notes set forth below.Any violation of these terms may
)e subject to fines,imprisonment or civil action; or may cause the permit to be null and void.
1) The project will be carried out in strict compliance with the workplan drawings, submitted as part of the
application dated 10/30/02, and received as complete on 11/20/02, by the Division of Coastal
Management, and the letter dated 12/13/02, except as altered herein.
2) Tn accordance with commitments made in the permittee's letters dated 12/13/02 and 2/27/03, the
proposed Phase II development is hereby deleted from the authorized project. Phase II development
includes the creation of Lots#42-74, development of the roadways (Daisy's,Way and Joseph Court) and
appurtenances including the wetland crossing at Daisey's Way.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the perauttee or Signed by the authority of the Secretary of DENR and the
her qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission.
ite. An appeal requires resolution prior to work initiation or
)ntinuance as the case may be.
This permit must be accessible on-site to Department G j
rsonnel when the project is inspected for compliance.
Any maintenance work or project modification not covered D D. Moffitt, Director
reunder 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
.n issuing this permit, the State of North Carolina agrees
.t your project is consistent with the North Carolina Coastal
inagement Program. Signature of Permittee

Charleston Associates, LLC Permit# 16-03
Page 2 of 6
ADDITIONAL CONDITIONS
Shoreline Stabilization
3) The authorized alignments of the permitted bulkheads/retaining walls must be staked by a representative
of the Division of Coastal Management within a maximum of 30 days prior to the start of any
construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse
weather conditions, will require the alignment to be restaked by DCM within a maximum of 30 days
prior to the new expected start of construction.
r
. 4) The authorized bulkhead on the common area lot will not extend waterward more than 5 feet from the
normal water level at the time of construction.
5) The authorized bulkheads/retaining walls on lots 6-16 will average 40 feet landward of the normal water
} level at any point along its alignment at the time of construction.
z
6) The authorized bulkheads/retaining walls must be constructed prior to any backfilling activities.
7) The authorized bulkheads/retaining walls must be structurally tight so as to prevent seepage of backfill
materials through the structure.
r
e
8) The authorized bulkheads/retaining walls must be solid and constructed of treated wood, concrete slabs,
metal sheet piles or other suitable materials approved by department personnel.
s 9) The backfill material will be clean and free of any pollutants except in trace quantities.
10) All backfill material will be obtained from a high ground source and confined'behind the permitted`
bulkheads/retaining walls.
11) All back fill material to be placed below normal water level will be confined behind the permitted
bulkheads/retaining walls.
Excavation
12) This permit authorizes excavation below the normal water level as necessary to construct the authorized
} concrete boat ramp as depicted on C1 dated 10/30/02.
13) No vegetated wetlands will be excavated.
14) The temporary placement or,double handling of fill materials within waters or vegetated wetlands is not
authorized.
t Spoil Disposal
15) All excavated materials will be confined above mean high water and landward of regularly or irregularly
a
flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any
marsh or surrounding waters.

.n�..�ATF9
""' Michael F. EasIev. Governor
O G William G.Ross.Jr. Secretary
r?( r Alan W.Klimek P.E. Director
> —
December 20, 2002
Mr. Charles Smith
Charleston Associates,LLC �1`f
Post Office Box 3725
Frederick, North Carolina 21705
Subject: Stormwater SW7020405
Core Point Landing
Beaufort County /
Dear Mr. Smith:
The Washington Regional Office received the completed Permit Name/Ownership Change Form
for the subject project on November 13, 2002. We are forwarding Permit No. SW7020405 dated
December 20, 2002 issued to Charleston Associates,LLC which will replace Permit No.
SW7020405 dated May 3, 2002 issued to Whitehurst Estates.
This permit shall be effective from the date of issuance until rescinded and shall be subject to the
conditions and limitations as specified therein.
If any parts,requirements, or limitations contained in this permit are unacceptable, you have the
right to request an adjudicatory hearing upon written request within thirty(30) days following
receipt of this permit. This request must be in the form of a written petition, conforming to
Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative
Hearings, P.O. Drawer 27447, Raleigh,NC 27611-7447. Unless such demands are made this
permit shall be final and binding.
943 Washington Square Mall,Washington,North Carolina 27889 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer

Page 2
Mr. Charles Smith
December 20, 2002
If you have any questions or need additional information concerning this matter, please contact
Mr. Robert Tankard at [phone], extension 233.
Sincerely, -
di-1`07U-Iligan
Regional Water Quality Supervisor
cc: t, 'he East Group
Beaufort County Inspections
Washington Regional Office
Central Files
943 Washington Square Mall,Washington,North Carolina 27889 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer

pF\N A 4.!q Michael F.Easley, Governor
William G.Ross, Jr. Secretary
Alan W.Klimek,P.E. Director
January 24, 2003
Mr. Charles Smith
Charleston Associates, LLC
Post Office Box 3725
Frederick,North Carolina 21705
Subject: Stormwater SW7021106
Core Point Landing
Beaufort County
Dear Mr. Smith:
The Washington Regional Office received the completed Stormwater Management Permit
Application for the subject project on November 15, 2002. We are forwarding Permit No.
SW7021106 dated January 24, 2003 issued to Charleston Associates, LLC ,which will replace
Permit No. SW7020405 dated December 20, 2002 issued to Charleston Associates, LLC.
This permit shall be effective from the date of issuance until rescinded and shall be subject to the
conditions and limitations as specified therein.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the
right to request an adjudicatory hearing upon written request within thirty(30) days following
receipt of this permit. This request must be in the form of a written petition, conforming to
Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative
Hearings,P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this
permit shall be final and binding.
943 Washington Square Mall,Washington,North Carolina 27889 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer

f1
State of North Carolina
Department of Environment and Natural Resources
Washington Regional Office
Mchaei F.Easley,Govemor William G. Ross,Jr., Secretary
DIVISION OF LAND RESOURCES
LAND QUALITY SECTION
August 14, 2003
LETTER OF APPROVAL WITH MODIFICATIONS
Charleston Associates, LLC
ATTN: Mr. Charles Smith, Partner
Post Office Box 3725A(
Frederick, Maryland, 21705 - u
RE: Erosion and Sedimentation Control Plan No. Beauf-2004-001
Eagle Trace,Phase II
SR 1167 -Beaufort County
River Basin: Tar-Pamlico
Date Received: August 1, 2003
Responsible Parry: Charleston Associates, LLC
Dear Sir:
This office has completed its review of the erosion and sedimentation control plan for the
referenced 5.6 acre disturbance. Based on the information provided, we have determined the
submitted plan for the clearing, grubbing and grading for± 2200 feet of road (80 feet wide) and t
1200 feet of"ditching" (20 feet wide), if properly implemented and responsibly maintained, should
meet the intent and minimum requirements of the Act. We, therefore, issue this LETTER OF
APPROVAL WITH the following MODIFICATIONS.
1. A gravel construction entrance pad must be provided at each point of project
ingress/digress from/to a paved public roadway.
2. The clearing for the culvert (2-24 in. RCP) located near SR 1167 cannot exceed 40
feet in width without receiving priot written approval from the Division of Water
Quality. The installed length of the culvert and the energy dissipators must be no
greater than 40 feet.
In 1973,the Sedimentation Pollution Control Act(copy available upon request) was enacted.
It established a performance oriented program with the OBJECTIVE of PREVENTING
SEDEVIENT DAMAGE to adjoining properties and/or natural resources resulting from land
disturbing activities through the use of reasonable and appropriate Best Land Management Practices,
943 Washington Square Mall,Washington,North Carolina 27889 Telephone [phone],FAX [phone]

Charleston Associates, LLC
ATTN: Mr. Charles Smith, Partner
August 14, 2003
Page 2
based on the approved plan and changing site conditions, during the course of the project. AS THE
DECLARED RESPONSIBLE PARTY YOUR RESPONSIBILITY is to understand the Act and
comply with the following minimum requirements of the Act and the above listed modifications (if
any):
-- an erosion and sedimentation control pkm is only valid for 3 years folloowing
the date of initial approval, if no land-disturbing activity has been
undertaken;
-- the LATEST APPROVED soil erosion and sediment control plan will be used
during inspection to determine compliance and a copy of the plan must be on
file at the job site;
-- unless the off-site borrow and/or disposal sites are identified in the erosion
control plan, no earthen material is to be brought on or removed from the
project site;
-- except in the case of a storm related emergency, a revised erosion and
sedimentation control plan must be submitted to and approved by this
office prior to initiating any significant changes in the construction,
grading or drainage plans;
-- a buffer zone, sufficient to restrain visible sedimentation, must be provided
and maintained between the land-disturbing activity and any adjacent
property or watercourse;
-- new or affected cut or filled slopes must be at an angle that can be retained
by vegetative cover, AND must be provided with a ground cover sufficient
to restrain erosion within the shorter of IS working or 30 calendar days of
completion of antiphase (rough or final) of L-radin (RYE GRASS IS NOT
in the APPROVED seeding specifications NOR is it an ACCEPTABLE
substitute for the providing of a temporary ground cover);
-- the CERTIFICATE OFPLANAPPROVAL must be posted at the primary
entrance to the job site and remain until the site is permanently stabilized,-
unless a temporary, manufactured, lining material has been specified, a
clean straw mulch must be applied, at the minimum rate of 2 tons/acre, to all
seeded areas. The mulch must cover at least 75916 of the seeded area after
it is either tacked with an acceptable tacking material, or crimped in place;
-- in order to comply with the intent of the Act, the scheduling of the land-
disturbing activities is to be such that both the area of exposure and the time

W
1 rt'wf
State of North Carolina
Department of Environment and Natural Resources
Washington Regional Office
Michael F. Easley,Govemor William G. Ross, Jr.,Secretary
DIVISION OF LAND RESOURCES
LAND QUALITY SECTION
December 5,2002
LETTER OF APPROVAL WITH MODIFICATIONS
Charleston Associates, LLC J.,
ATTN: Mr. Charles E. Smith, Partner
Post Office Box 3725
Frederick, Maryland 21705
RE: Erosion and Sedimentation Control Plan No. Beauf-2C
Core Point Landing, Phase 1
SR 1167 -Beaufort County
River Basin: Tar-Pamlico
Date Received: November 15, 2002
Responsible Parry: Charleston Associates, LLC
Dear Sir:
This office has completed its review of the erosion and sedimentation control plan for the
referenced 17.3 acre disturbance. Based on the information provided, we have determined the
submitted plan for the grading associated with the construction of roads, open drainage and filling
of selected areas, if properly implemented and responsibly maintained, should meet the intent and
minimum requirements of the Act. We, therefore, issue this LETTER OF APPROVAL WITH the
following MODIFICATIONS.
1. A copy of the permit from the U. S. Army Corps of Engineers allowing the
proposed filling of areas under their jurisdiction must be provided to this
office prior to beginning the filling.
2. No land disturbing activities are to be conducted with the areas designated for
future development on the submitted drawings. Land Disturbing activities
area defined, in part, as a change in the natural ground cover. Logging for the
purpose of development is a land disturbing activity.
3. A portion of this project is an covered by Erosion and Sedimentation Control
Plan Beauf-2002-022. For ease of inspection and reporting, plan Beauf-
2002-022 is hereby voided and the area incorporated in this approval.
943 Washington Square Mall,Washington,North Carolina 27889 Telephone [phone],FAX [phone]
An Equal Opportunity Employeer 50%recycled/10%post-consumer paper

Charleston Associates, LLC
ATTN: Mr. Charles E. Smith, Partner
December 5, 2002
Page 2
In 1973, the Sedimentation Pollution Control Act (copy available upon request) was enacted.
It established a performance oriented program with the OBJECTIVE of PREVENTING
SEDIMENT DAMAGE to adjoining properties and/or natural resources resulting from land
disturbing activities through the use of reasonable and appropriate Best Land Management Practices,
based on the approved plan and changing site conditions, during the course of the project. AS THE
DECLARED RESPONSIBLE PARTY YOUR RESPONSIBILITY is to understand the Act and
comply with the following minimum requirements of the Act and the above listed modifications (if
any):
-- an erosion and sedimentation control plcui is only valid for 3 yern s following
the date of initial approval, if no land-disturbing activity has been
undertaken,
-- the LATEST APPROVED soil erosion and sediment control plan will be used
during inspection to determine compliance and a copy of the plan must be on
file at the job site;
-- except in the case of a storm related emergency, a revised erosion and
sedimentation control plan must be submitted to and approved by this
office prior to initiating any significant changes in the construction,
grading or drainage plans;
a buffer zone, sufficient to restrain visible sedimentation, must be provided
and maintained between the land-disturbing activity and any adjacent
property or watercourse;
-- new or affected cut or filled slopes must be at an angle that can be retained
by vegetative cover, AND must be provided with a ground cover sufficient
to restrain erosion within the shorter of 15 working or 30 calendar days of
completion of any phase (rough or,final) of grading (RYE GRASS IS NOT
in the APPROVED seeding specifications NOR is it an ACCEPTABLE
substitute for the providing of a temporary ground cover);
-- the CERTIFICATE OF PI_ANAPPROVAL must be posted at the primary
entrance to the job site and remain until the site is permanently stabilized;
-- unless a temporary, manufactured, lining material has been specified, a
clean straw mulch must be applied, at the minimum rate of 2 tonsiacre, to all
seeded areas. The mulch must cover at least 75% of the seeded area after
it is either tacked, with an acceptable tacking material, or crimped in place;
-- in order to comply with the intent of the Act, the scheduling of the land-
disturbing activities is to be such that both the area of exposure and the time

U.S.ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. 200310960 County Beaufort
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner: Charleston Associates,LLC c/o Mr.Howard Nichols,The East Group
Address: P. O.Box 7305
Greenville,NC 27835
Telephone No.: 252-758-3746
Size and location of project(water body,road name/number,town,etc.) Linear proiect located
within a 147.4 acre parcel located adiacent to the Pamlico River at the terminus of NCSR
1167(Whitehurst Road) approximately 8 miles north of N. C.Highway 33 northwest of
Aurora in Beaufort Countv,North Carolina.
Description of activity Applicant proposes to install three wetland crossings for the
construction of subdivision access roads. Work to be accomplished using roadwav
construction equipment including bulldozers, graders, and backhoes. Total wetland
impacts=0.33 acres.
Applicable Law: X Section 404(Clean Water Act, 33 USC 1344)
_ Section 10(Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number
Nationwide Permit Number 14
Your work is authorized by the above referenced permit provided it is accomplished in strict
accordance with the attached conditions and your submitted plans. If your activity is subject to
Section 404 of the Clean Water Act(as indicated above),before beginning work you must receive
a Section 401 water quality certification from the N.C. Division of Water Quality(telephone
[phone]). For any activity within the twenty coastal counties subject to regulation under
the Coastal Area Management Act(CAMA),prior to beginning work you must contact the N.C.
Division of Coastal Management(telephone[phone].
Please read and comply with the attached conditions. Any violation of these conditions may
subject the permittee to a stop work order, a restoration order and/or appropriate legal action.
This Department of the Army verification does not relieve the permittee of the responsibility
to obtain any other required Federal, State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or
The Corps of Engineers regulato gram,please contact Scott Jones at 252-975-1616 ext. 27.
Corps Regulatory Official A�� Date 19 APR 2004
Expiration Date of Verification 19 APR 200�
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT
PLANS, ETC., MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF
REQUIRED OR AVAILABLE.

APPENDIX B.
BIOLOGICAL OPINION, US FISH AND WILDLIFE SERVICE

4;13iO4 TUE 15:21 FAX [phone] USFWS-RALEIGH,NC Z 002
N c
United States Tie artment of fkp T.,+or+r.
Q4a rye ..� aaavaa� v a.i1V 111LL11Vr
FISH AND WILDLIFE SERVICE
Raleigh Field Office
a Poct Office Box 33726
44 H 3 `e° Raleigh,North Carolina 2763&S726
April 13, 2004
Colonel Charles R. Alexander, Jr.
District Engineer,Wilmington District
U.S.Army Corps of Engineers
Post Office Box 1890
Wilmington,North Carolina 28402-1890
Re: Biological opinion on the construction of the proposed Eagle Trace subdivision
planned for Beaufort County, North Carolina and potential effects on the bald eagle
Dear Colonel Alexander:
This document transmits the U.S, Fish and Wildlife Service's (Service) biological opinion(BO)
based on our review of.the January 2004 Biological Assessment(BA) entitled, "Southern Bald
Eagle Biological Assessment for the Proposed Eagle Trace Community Residential Subdivision
in Beaufort County, North Carolina" and its effects on the federally threatened bald eagle
(Haliaeetus leucocephalus). The Applicant proposes to develop an 85-lot subdivision that
includes three wetland crossings associated with the installation of subdivision roadways.
The project is located 9.3 miles north-northwest of the Town of Aurora and immediately west of
the.Core Point community on the south side of the Pamlico River. This BO is provided in
accordance with section 7 of the Endangered Species Act of 1973, as amended, (16 United States
Code [U.S.C.] § 1531 et seq.) (Act).
This BO is based on information provided in the January 2004 BA, supplemental information to
the BA, available literature,personal communication, and other sources of information. A
complete administrative record of this consultation is on file in the Ecological Services Field
Office in Raleigh, North Carolina.
Based on the information provided and other information available, and implementation of the
recommendations in the Service's "Guidelines for avoiding impacts to the West Indian manatee
(Trichechus manatus)" (attached), we believe the proposed action (construction of an 85-lot
subdivision and 304-foot long pier) is not likely to adversely affect the federally listed
endangered West Indian manatee. The Service concurs with the BA's conclusion that the
proposed action is not likely to adversely affect the red-cockaded woodpecker (Picoides
borealis; RCW).

4/131/04 TUE 15:22 FAX [phone] USFWS-RALEIGH,NC �UU3
The Beaufort County population of the federally listed endangered red wolf(Canis ruufus) is
considered experimental and is not protected at the same level as other endangered species in
accordance with the Act. However, the Service has an interest in conserving this population for
its role in contributing to the overall recovery of the species. Based on,the information contained
in the BA, the Service believes that the proposed project will have insignificant or discountable
impacts on the red wolf.
The Rafinesque's big-eared bat (Corynorhinus rafinesquii), a federal species of concern, is
known to occur in Beaufort County. The BA states that although there is some temporary
roosting habitat within the forested wetlands on the property, no suitable maternity sites for the
species are present. No suitable habitat exists within the project area for the Carolina gopher
frog (Rana capito), another federal species of concern. The Service agrees with the conclusion
that the project will not pose adverse impacts to Rafinesque's big-eared bat or the Carolina
gopher frog.
Federally listed plant species that occur in Beaufort County include rough-leaved loosestrife
(Lysimachia asperulaefolia), and sensitive joint-vetch (Aeschynomene virginica). The Venus'
flytrap (Dionaea museipula) a federal species of concern, is also known to occur in Beaufort
County. The BA states that surveys for federally listed plants will be conducted during the
growing season for target species. Records exist for sea turtles (i.e. Kemp's ridley sea turtle;
Lepidochelys kempii) within the Pamlico River in Beaufort County. Sea turtles in the water are
under the jurisdiction of the National Marine Fisheries Service. We recommend the Applicant
contact that agency about impacts to federally listed turtles. Effects on these vertebrate species
will not be addressed in this BO.
Consultation History
In May 2003, the developer discovered the presence of the nest within the bounds of the project
and established a 250-foot protective zone around the nest inside of which no construction
activities could be preformed.
On.June 5, 2003, Mr. Howard Nichols of the East Group met with Mr. Raleigh Bland, U.S.
Army Corps of Engineers (Corps), Mr_ John Hammond of the Service, and Mr, David McHenry
of the North Carolina Wildlife Resources Commission at the project site to discuss the potential
effects of the project on the bald eagle nesting territory, to review the Applicant's responsibilities
pursuant to the Act, and to determine interim guidance for the contractor to follow to minimize
impacts to nesting bald eagles.
On November 24, 2003, the U.S. Army Corps of Engineers, Wilmington District submitted a BA
for the project to the Service requesting initiation of formal consultation and preparation of a BO.
2

14/13/04 TUE 15:22 FAX [phone] USFWS-RzLEIGH,NC 16 004
On December 8, 2003, Mr. Charles Smith, the Applicant,met with Mr. Hammond,Mr. David
Allen of the North Carolina Wildlife Resources Commission., and Mr. Chris Hopper of Robert J.
Goldstein and Associates (the Applicant's consultant) to discuss means and methods for
minimizing and offsetting impacts to the affected bald eagle nest. The Applicant was informed
that no construction should be conducted within the primary protection zone (a 750-toot radius
area around the nest) without protection from the Act's prohibitions against take of federally
listed species.
On December 22, 2003, the Service responded to the Corps request for consultation, indicating
that the Service had received a complete consultation package.
On January 22, 2004, Mr. Allen, Mr. Hammond and Mr. Hopper, along with Dr. Garland Pardue,
Supervisor of the Service's Raleigh Field Office and Weyerhaeuser Incorporated Forester Mr.
Kevin O'Kane met on Weyerhaeuser Company property to consider suitability of property to be
purchased by the Applicant and donated to The Nature Conservancy for the purpose of bald
eagle conservation and the Applicant's role in contributing to this effort.
On January 24, 2004, Mr. Hopper forwarded an updated BA to the Service's Raleigh Field
Office reflecting changes to the Applicant's conservation measures for the bald eagle.
On March 9, 2004,Mr. Hopper provided additional information requested by the Service on
March 2, 2004 pertaining to the project description, as well as other listed species that occur in
Beaufort County.
BIOLOGICAL OPINION
DESCRIPTION OF PROPOSED ACTION
Location
The proposed subdivision, Eagle Trace, is located 9.3 miles north-northwest of the Town of
Aurora and immediately west of the Core Point community on the south side of the Pamlico
River in Beaufort County, North Carolina_ The property is identified on the county tax maps as
Parcel number 1115, and comprises 147.4 acres. Culper Sloughs, a perennial tributary of the
Pamlico River, bisects the western portion of the property.
Project Design
The project, Eagle Trace Development, is located on a 147.4-acre parcel in Beaufort County,
North Carolina and will consist of 85 single-family lots, 30 of which fall in whole or in part,
within the 750-foot primary protection zone of the bald eagle nest. Fifty lots fall partially or
completely inside the 1,500--foot secondary protection zone. A 304-foot long pier will be
3

�4.13/04 TUE 15:23 FAX [phone] USFWS-RALEIGH,NC 005
constructed into the Pamlico River about 800 feet due north of the active eagle's nest. The pier
will have a 150-foot T-head, to provide 52 boat slips.
Development will include public water and utilities and water service will be provided to each
lot. Existing above-ground telephone and electric lines have been removed and have been
replaced by underground lines. All future telephone and utilities will also be buried. Black-top
road surfaces will total 7,700 feet and will tie in to State Road. 1167 (Whitehurst Road) and State
Road 1100 (Core Point Road).
Prior to construction, about 111 acres of the project site were forested; 37 acres were already
cleared. About 83 acres of forested land were subsequently cleared between February and
August 2003. Land cleared during this period was comprised of dense mixed pine/hardwood
cover types that had re-emerged after clearing 15-20 years ago. No mature forests were cleared.
The forested portion contains about 28 acres that are jurisdictional wetlands protected by the
Clean Water Act. The 13A states that these lands will be donated to the North Carolina
Ecosystem Enhancement Program or other comparable entity for management and protection.
The project is scheduled for completion in October 2004. Construction.has ceased pending
completion of section 7 consultation.
Conservation Measures
The following conservation measures, offered by the .Applicant in the revised biological
assessment provided via e-mail on January 24, 2004, will be taken by the Applicant and serve to
minimize or compensate for project effects on the bald eagle. These conservations measures are
considered part of the proposed project and were reviewed as such in our BO.
1. The Applicant has agreed to install all power lines on the property underground, to minimize
collision and electrocution threats to bald eagles on the property. This includes removing
overhead power lines that existed on the property prior to purchase by the developer and
translocating these underground.
2. The Applicant will donate approximately 28 acres of undeveloped, non-impacted wetlands
within the Project site to the North Carolina Ecosystem Enhancement Program, including 26.7
acres containing the eagle nest.
3. The Applicant will donate 5,000.00 dollars to The Nature Conservancy for the purpose of
securing lands that will be managed in perpetuity as bald eagle habitat.
4

)4/13/04 TIIE 15:23 FAX [phone] USFWS-RALE?GH,NC
2006
STATUS OF THE SPECIES/CRITICAL HABITAT
This section summarizes bald eagle biology and ecology as well as information on the status and
trends of the bald eagle throughout its range. The Service uses this information to assess
whether a federal action is likely to jeopardize the continued existence of the above mentioned
species. The "Environmental Baseline" section summarizes information on status and trends of
the bald eagle specifically within the action area. This summary provides the foundation for the
Service's assessment of the effects of the proposed action, as presented in the "Effects of the
Action" section.
The bald eagle was listed as endangered on March 11, 1967, due to significant population
declines (32 Federal Register[FR] 4001). On July 12, 1995, the bald eagle's status was
downgraded from endangered to threatened due to substantial population increases following
conservation efforts, including the banning of DDT and other organochlozine pesticides (60 FR
36010). No critical habitat has been designated for this species.
Species/critical habitat description
Bald eagles are considered a water-dependent species typically found near estuaries, large lakes,
reservoirs, major rivers and some seacoast habitats (Service, 1999). Their distribution is
influenced by the availability of suitable nest and perch sites near large, open water-bodies,
typically with high amounts of water-to-land edge.
Nesting habitat includes the nest tree, perch and roost sites, and adjacent high use areas but
usually does not include foraging areas. The nest, perch, roost sites, and use areas around the
nest comprise the nesting territory. The size and shape of a defended nesting territory varies
greatly depending on the terrain, vegetation, food availability, and eagle density in the area.
Generally, bald eagle nesting habitat is adjacent to, or near large bodies of water that are used for
foraging(Service, 1999). Nest sites must also provide good visibility, anal a clear fight path to
the nest (Montana Bald Eagle Working Group, 1991).
In North Carolina, most nests are in loblolly pine (Pinus taeda) trees although nests have been
recorded in at least seven other tree species (David Allen, NCWRC, pets. comm., August 25,
2003). Six nests were in pond pine (Pinus serotina; Currituck, Dare, Hyde, and Tyrrell
counties), one iri shortleaf pine (Pinus echinata; Stanly County), one in white pine (Pinus
strobus; Burke County), two in oak trees (Quercus sp.; Davidson and Guilford counties), and 12
in cypress trees (Taxodium sp.; Beaufort, Cannden, Chowan, Craven, Currituck, Hyde, Lenoir,
Nash and Pitt counties). At least one nest was documented in longleaf pine (Pinus palustris; Pitt
County).
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Life history
The bald eagle is an opportunistic feeder. Accordingly, its diet varies tremendously, depending
on the time of year and habitat. Most studies indicate that fish are an important component of
the eagle's diet, while birds and mammals account for the bulk of the remaining foods (Johnsgard
1990). During the winter, reduced availability of prey resulting from frozen waters require
interior-based eagle populations to switch from a predominately,fish diet to one of birds and
mammals. Carrion is taken by many eagles and is also a substantial portion of the diet,
especially for coastal eagles dependent on post-spawning salmonids. Non-coastal populations
may also rely heavily on carrion particularly during late winter and early spring,
In the southeastern United States the bulk of the diet is fish, Broley(1947) found catfish
(Ietalurus spp), mullet, and turtles to be the most common food items found at nests in Florida.
He also found that the variety of prey items differ among individual pairs. McEwan(1977)
reported 79 percent fish and 17 percent bird prey, by occurrence,based on 788 animal remains
recovered from nests. Of these, the dominant items were catfish and the American coot (Fulica
americana).
Most breeding eagles construct nests within several hundred yards of open water(Service 1989).
However, in Florida, most nests are located within two miles of open water, substantially further
than other reported distances (McEwan and Hirth 1979, Wood et al. 1989). Range-wide, bald
eagle nests in. areas with significant shoreline development or frequent human activity are
located farther from the shoreline than in areas with minimal human presence (Buehler 2000).
In the southeastern United States bald eagles nest once a year, with the mated pair returning to
the same breeding/nest area beginning in early September or October, refurbishing their nest
during November and December, and egg laying in Decmber or January. Depending on the
geographic area, incubation may be initiated as early as November or as late as March, with the
eggs requiring about 35 days for incubation. Clutches usually consist of one or two eggs, but
occasionally three are laid. In Florida, the eaglets will grow to the size of the adult birds within
10 to 12 weeks, at which time they typically fledge (Wood 1992), Parental care may extend four
to six weeks after fledging even though young eagles are fully developed and may not remain at
the nest after fledging.
The immature bald eagle lacks the white head, neck and tail, and has a dark beak and dark eyes.
The overall color of young eagles is dark to light brown with light-colored base feathers that give
a blotchy appearance. The white head and tail plumage may not appear complete until the eagle
is four to five years of age.
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Population dynamics
Adult birds in coastal Alaska, Canada, the Pacific Northwest, Florida, and the Chesapeake Bay
areas do not migrate, although dispersal of young may occur seasonally from some of these
areas. Juvenile birds fledged in Florida are migratory, with more than ore-third of the recoveries
made 1,000 miles or more north of Florida, all during the non-nesting season (Broley 1947). If
paired, it is assumed these birds remain in Florida, as do most other paired adults. If not paired,
it is not clear whether these birds continue to migrate north during summer or remain in Florida
with the breeding adults. Most radio-collared juveniles return to nesting areas each year,but a
small proportion remain away for two to three years.
In the Southeast, bald eagles breed and nest during the temperate winter. Contrary to changes in
habitat use exhibited by northern U.S. bald eagle populations, eagles in the southern United
States do not substantially alter habitat use throughout the year. Some adults may remain in and
defend their nesting territory outside of the breeding season (Palmer 1988), use or defend
Portions of their territory, or disperse and congregate at predictable food sources such as
landfills_ Of those adults that do not maintain territories throughout the year, most are not
thought to leave the region. Conversely, following fledging, many juvenile eagles disperse north
and summer from along the Atlantic Coast west to the Appalachian Mountains and north as far
as Canada(Broley 1947, Wood and Collopy 1995).
Status and distribution
The bald eagle was historically found throughout the North American continent from the
Aleutian Islands and western Alaska to the Maritime Provinces of Canada and south to the
Florida Keys, the Gulf Coast, and Baja California(Curnutt, 1996). Apart from Alaska, most
nesting bald eagles were found in Florida, the Chesapeake Bay area, the Great Lakes region,
Maine, and the Pacific Northwest.
Bald eagles were described as "not uncommon"in the North Carolina coastal plain in the early
1940s. (Pearson et al., 1959) By 1980,bald eagles were considered "rare transients" in
proximity to reservoirs and along the coast in North and South Carolina(Potter et al., 1980).
More recently, bald eagle nesting has been well-documented in sites adjacent to the Albemarle,
Currituck, and Pamlico Sounds and associated river systems in the North Carolina coastal plain.
Bald eagle nests have also been recently monitored at inland reservoirs, including Buckhorn
Lake in Wilson County, Jordan Lake in Chatham and Durham counties, Lake Tillary in Stanly
and Montgomery counties, High Rock Lake in Davidson and Rowar counties, and Lake James in
Burke County. For the 2003 nesting season, 44 nests were known in the coastal region, 22 in the
Piedmont and two in the mountain region (David Allen, NCWRC, pers. comm.,March 29,
2004).
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In the early 1950s, State natural resource agencies, and conservation organizations initiated
surveys for nesting bald eagles which revealed that bald eagle numbers had,declined from
historic numbers in many locations_ A nationwide survey by the Service, several State wildlife
agencies, and conservation groups in 1974 indicated that eagle numbers and their reproductive
success in certain areas were low enough to warrant protective actions.
In the early 1940's, the bald eagle was considered "not uncommon" in the coastal region of
North Carolina, and there were about six recurrent nesting sites left in 1959 (Pearson et al.,
1959). However, by 1962 only one bald eagle breeding site was documented as active (Service,
1989). The BA references bald eagle reintroduction efforts (`hacking') conducted in North
Carolina in 1983 and -84 and the first documented nest to be confirmed since being considered
extirpated in the State in 1971. As shown in the table below, there has been a steady increase in
the number of bald eagle nests in North Carolina since 1984_
Bald Eagle Nesting in
North Carolina
Year Number of Year Number of
Nests Nests
1984 2 1994 10
1985 3 1995 13
1986 2 1996 12
1987 2 1997 26
1988 6 1998 28
1989 2 1999 30
1990 9 2000 45
1991 4 2001 49
1992 7 2002 60
1993 6 2003 68
In 2003, 68 bald eagle nests were documented in North Carolina(David Allen, NCWRC,pers.
comm., March 29, 2004). Out of 46 nesting sites that were observed in 2003, 42 represented
occupied territories, 37 were considered active, and of these, 32 territories produced young. At
least 50 fledglings were produced.
A primary threat to bald eagles after World War II was the widespread use of the pesticide DDT
for mosquito control (Broley, 1950). It was sprayed directly into wetlands, entered the food
chain, and resulted in eggshell thinning_ This caused massive reproductive failure which became
evident in the 1960s, Peterson and Robertson(1978)indicated that the eagle population
decreased by 50 percent in a 30-year period. In response, the Federal Government banned the
use of DDT in 1972.
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A major threat to eagles remains habitat loss and degradation from human alteration of the
environment (Heinzman, 1961, 1962; G. Smith, 1969). This is especially true along coasts and
waterways where development has increased_ An additional hazard to eagles occurs
predominantly in the western U.S., and involves death from lead and chemical poisoning, Lead
poisoning originates from lead shot that remains in dead or dying birds, and chemical poisoning
from the intentional poisoning of nuisance animals. The effects to eagles are secondary.
Analysis of the species/critical habitat likely to be affected
The proposed action has the potential to adversely affect the bald eagle within the action area.
The effects of the proposed action on the bald eagle will be considered further in the remaining
sections of this biological opinion_ Potential effects include nest abandonment prior to egg-
laying, while incubating eggs, or while nestlings are present in the nest. These effects may occur
as a result of noise and disturbance caused by site work, construction of the subdivision, and the
loss of buffering vegetation in both the primary and secondary protection zones of the nest tree
during the nesting season,. Upon completion of the subdivision, nest abandonment may occur as
a result of automobile and motorcycle operation, lawn/yard maintenance, increased lighting, and
other activities related to the occupation of the subdivision.
ENVIRONMENTAL BASELINE
Status of the species within the action area
The action area is defined as the 147.4-acre development, as well as land and portion of the
Pamlico River within the primary and secondary protection zones of the bald eagle territory
(Territory Beaufort#4), which extends 1,500 feet from the current nest location. Based on
information provided by the North Carolina Wildlife Resources Commission, the nest was
detected and confinned as active in 2003, One fledgling was produced in the 2003 breeding
season. The roosting, feeding and flight paths of this breeding pair extend beyond the action area
of this project.
The affected bald eagle nest(Territory Beaufort 94)is in a bald cypress (Taxodium distichum)
tree. The nesting territory(eXtending outward from the nest to 1,500 feet) includes at least seven
natural community types identified by the North Carolina Natural Heritage Program. These
include; 1) Coastal Fringe Evergreen Forest; 2) Coastal Plain Small Stream Swamp (blaekwater
subtype); 3) Dry-Mesic Oak Hickory Forest; 4) Estuarine Fringe Loblolly Pine Forest; 5)Mesie
Mixed Hardwood Forest(Coastal Plain Subtype); 6) Tidal Cypress--Gum Swamp; and 7) Tidal
Freshwater Marsh (Schafale and Weakley, 1990).
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Status of the species within the action area
The nest identified as Beaufort 44 was discovered during annual nesting surveys in May of 2003.
One eaglet fledged in the 2003 season. Based on the information contained in the BA, the nest
remained active despite road construction and land clearing in the upland timber stands adjacent
to the cypress/gum swamp that occurred prior to the nest's discovery. The nest is believed to be
active in the 2004 season as well (Chris Hopper, pers.comm. April 12, 2004).
Factors affecting species environment within the action area
Weyerhaeuser plans to conduct thinning operations in a pine stand that was planted in 1991,
located on the westernmost portion of the secondary protection zone of the bald eagle's nest.
Following treatment, the stand will retain 35 square feet of pine basal area per acre (Bryan
Hulka,pers.comm., January 13, 2004) Thinning will occur outside of the bald eagle nesting
season. This activity is expected to have a discountable affect on bald eagle nesting habitat.
Completion of Whitehurst Road construction in 2003 allows some very light, occasional traffic
into a cul-de-sac that reduces habitat quality within bald eagle nesting habitat.
EFFECTS OF THE ACTION
This section includes an analysis of the direct and indirect effects of the proposed action on the
species and critical habitat and its interrelated and interdependent activities. To determine
whether the proposed action is likely to jeopardize the continued existence of threatened or
endangered species in the Action Area, we focus on consequences of the proposed action that
affect rates of birth, death, immigration, and emigration because the probability of extinction in
plant and animal populations is most sensitive to changes in these areas.
Factors to be considered
Proximity of Action: The proposed project includes construction within nesting habitat for a
breeding pair of bald eagles including habitat identified in the Bald Eagle Recovery Plan as the
primary protection zone (within a 750-foot radius of the nest). The affected breeding pair
belongs to the Southeastem Recovery Unit.
Distribution: Clearing and single family home construction will occur within all but about 25%
of the primary protection zone, (a 40.5-acre circle encompassing a 750-foot radius of the nest
tree). Complete or partial space for 30 homes will be cleared within the primary zone. Fifty lots
fall in whole or in part within the secondary protection zone (1,500-foot radius from the nest
tree) will be cleared and used to build houses. ,A,304-foot long pier with a 150-foot long T-head
will be constructed into the Pamlico River north of the nest location within the secondary
protection zone. The pier will provide slip space for 52 boats.
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Timing: The timing of the proposed construction and land clearing will result in direct impacts
occurring to one breeding pair of bald eagles during the nesting season. The effects of the
project impacts are likely to remain or continue through the nesting period for the bald eagle.
Nature of the effect: The effects of the action may eliminate, alter, or diminish the nesting
success of the bald eagle within the nesting territory for Beaufort#4. Recreational use of the pier
will significantly increase small watercraft traffic within the secondary protection zone of the
nest and along the waterfront to the north of the nest. Increases in water traffic and general
disturbance near the nest are types of activities that can cause eagles to abandon nests and/or
offspring, prohibit the breeding pair's return the following season, and interrupt foraging and
roosting behavior.
Increased motorized vehicle (cars, small trucks, motorcycles) and pedestrian/bicyclist(over the
new boardwalk) use will add levels of disturbance.
Disturbance duration and frequency_ Land clearing, housing construction and residential
occupation within the primary and secondary protection zones for Beaufort#4 will have a
permanent, daily impact on bald eagle nesting territory throughout the year. Initial land clearing
will remove much of the forest that historically provided natural screening between the nest and
human activities_
Disturbance intensity and severity: The effects of the disturbance will likely cause the loss of
one nesting bald eagle territory within the North Carolina coastal plain subpopulation and
Southeastern Bald Eagle Recovery Unit. Impacts to bald eagles are limited to the project area
and would have restricted effects on the recovery of the species.
Analyses for effects of the action
Direct Effects:
The direct or immediate effects are the effects of the project on the species or its habitat,
resulting from the agency action including the effects of interrelated actions and interdependent
actions. The project may result in direct "take" of the eagles through harm and harassment as a
result of the noise and disturbance generated from site work, construction of the subdivision, and
the loss of buffering vegetation in both the primary and secondary protection zones of the nest
tree during the nesting season. Also, "take" of the eagles may occur after completion of all
construction activities within the primary and secondary protection zones with the establishment
of occupied homes which will cause noise disturbances from landscaping equipment,
automobiles and motorcycles, pets, increased lighting, and human interaction within the eagle's
nesting territory. These direct effects could cause the eagles to abandon the nest prior to egg-
laying, abandon the nest while eggs are in the nest which would result in embryo mortality, or
abandon the nest when chicks are in the nest which would result in chick mortality. The Service
always recommends that construction activities take place outside the nesting season if possible,
to minimize the disturbance of the bald eagles on the nest.
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Indirect Effects;
Indirect effects are caused by or result from the proposed action, are later in time, and are
reasonably certain to occur. Indirect effects may occur outside the area directly affected by the
action. Indirect effects may include other federal actions that have not undergone section 7
consultation, but will result from the action under consideration. The indirect effects that could
result in harm or harassment to the bald eagles would be the following activities that occur
outside of the primary and secondary protection zones: 1)the noise and other activity associated
with the development and access roads; 2) increased artificial lighting from the proposed project
and surrounding development; 3) any future developments planned within or adjacent to the
action area. These indirect effects could cause the eagles to abandon the nest prior to egg laying,
abandon the nest while eggs are in the nest which would result in embryo mortality, or abandon
the nest when chicks are in the nest which would result in chick mortality.
Species' response to a proposed action
The project has the potential to cause nest failure as well as to preclude use of an existing nesting
-- - --- -
territory in future breeding seasons. The likelihood that a nesting pair, of bald eagles will
abandon their nest increases with the ii)tensity and proximity of construction/land clearing to the
nest. The potential for nesting eagles to abandon the nest becomes smaller and smaller as the
amount of time/energy expended in incubating eggs/raising young increases. There is some risk
that once an eaglet(s) is produced, anthropomorphic disturbance may cause the young to leave
the nest prematurely(not strong enough to fly), making it vulnerable to predation.
CUMULATIVE EFFECTS
Cumulative effects include the effects of future State, local or private actions that are reasonably
certain to occur in the action area Considered in this biological opinion. future Federal actions
that are unrelated to the proposed action are not considered in this section because they require
separate consultation pursuant to section 7 of the Act. The Service has considered cumulative
effects of this project on this eagle nest; and because the action, area is limited to an area about
the size of the proposed action, there are no lands available for additional actions and therefore
no cumulative effects.
CONCLUSION
After reviewing the current status of the bald eagle, the environmental baseline for the action
area, the effects of the proposed action and the cumulative effects, it is the Service's biological
opinion that the project as proposed, is not likely to jeopardize the continued existence of bald
eagles. No critical habitat has been designated for this species; therefore,none will be affected.
While human disturbance may lead to abandonment of this nest, the eagles will probably build a
new nest elsewhere. The loss of this nest,including eggs or chicks, will not appreciably affect
the overall survival and recovery of the bald eagle in North Carolina.
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INCIDENTAL T AKE
Section 9 of the Act and federal regulation pursuant to section 4(d) of the Act prohibit the take of
endangered or threatened species, respectively, without special exemption. Take is defined as to
harass,harm, pursue, hunt, shoot, wound,kill, trap,capture, or collect, or to attempt to engage in
any such conduct. Haim is further defined by the U. S. Fish and Wildlife Service to include
significant habitat modification or degradation that results in death or injury to listed species by
significantly impairing essential behavioral patterns, including breeding, feeding, or sheltering.
Harass is defined by the Service as intentional or negligent actions that create the likelihood of
injury to listed species to such an extent as to significantly disrupt normal behavior patterns
which include, but are not limited to, breeding, feeding, or sheltering. Incidental take is defined
as take that is incidental to, and not the purpose of, the carrying out of an otherwise lawful
activity. Under the terms of section 7(b)(4) and section 7(o)(2), taking that is incidental to and
not intended as part of the agency action is not considered to be prohibited taking under the Act
provided that such taking is in compliance with the terms and conditions of this incidental take
statement.
The measures described,below are non-discretionary, and must be implemented by the Corps so
that they become binding conditions of any grant or permit issued to the Applicant, as
appropriate, in order for the exemption in section 7(o)(2) to apply. The Corps has a continuing
responsibility to regulate the activity that is covered by this incidental take statement. If the
Corps (1) fails to require the Applicant to adhere to the terms and conditions of the incidental
take statement through enforceable terms that are added to the permit or grant document, or (2)
fails to retain oversight to ensure compliance with these terms and conditions, the protective
coverage of section 7(o)(2) may lapse. In order to monitor the impact of incidental take, the
Corps must report the progress of the action and its impact on the species to the Service as -
specified in the incidental take statement. [50 CFR section 402.14(I)(3)]
AMOUNT OR]EXTENT OF TAKE ANTICIPATED
The Service has reviewed the biological information for this species, information presented by
the Applicant's consultants, and other available information relevant to this action, and based on
our review, incidental take, in the form of harm or harassment, is anticipated for the adult bald
eagles, their eggs or their young at the Beaufort#4 nest. Hann or harassment may result in the
eagles abandoning the nest prior to egg laying, abandoning the nest while eggs are in the nest
which would result in embryo mortality or abandoning the nest when chicks are in the nest which
would result in chick mortality. Incidental take as described above may occur during the 2003-
2004 nesting season and/or subsequent nesting seasons for the life of the project.
EFFECT OF THE TAKE
In the accompanying biological opinion, the Service determined that this level of anticipated take
is not likely to result in jeopardy to the species.
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REASONABLE AND PRUDENT MEASURES
When providing an incidental take statement the Service is required to give reasonable and
prudent measures it considers necessary or appropriate to minimize the take along with terms and
conditions that must be complied with, to implement the reasonable and prudent measures.
Furthermore, the Service must also specify procedures to be used to handle or dispose of any
individuals taken. The Service believes the following reasonable and prudent measures are
necessary and appropriate to reduce take and to minimize the direct and,indirect effects of the
proposed project on the bald eagles, their eggs or their young, and their nesting territory:
1. Use of the board walk that has been constructed within the 750-foot radius of the nest
tree(primary protection zone) should be limited to the non-nesting season.
2. The Applicant will initiate monitoring to detect any abnormal bald eagle behavior, if
any unscheduled site work and exterior building construction occurs within the primary or
secondary protection zones during nesting season.
3. The Applicant will contact the appropriate authorities if a sick, injured or dead
federally listed species is encountered on or near the project area,
TERMS AND CONDITIONS
To implement the above reasonable and prudent measures, the Service has outlined the following
terms and conditions for incidental take. In accordance with the Interagency Cooperation
Regulation(50 CFR 402), these terms and conditions must be complied with to implement the
reasonable and prudent measure(s) for incidental take:
1. Access to the board walk should cease at the onset of the bald eagle:resting season
(T�ecember 1), and prohibition should continue until July 15 or until monitoring indicates that
any eaglets produced have fledged the nest.
2_ Monitoring initiated for the bald eagle nest will be conducted in accordance with the
September 2002 Bald Eagle Monitoring Guidelines, attached to this opinion. Should
construction/land clearing activities be required within the primary or secondary protection zones
during the bald eagle nesting season (including future home construction), we recommend that
the Service be notified of this activity as soon as possible to review strategies for reducing
adverse impacts to the bald eagle.
3. Upon locating a dead, injured, or a sick federally listed animal species, initial notification
must be made to the U.S. Fish and Wildlife Service's Raleigh Field Office, at(919) 856-4520
and to Special Agent Jack Baker of the U.S. Fish and Wildlife Service's Law Enforcement
Division at [phone], prior to transporting live debilitated anLrnals to a rehabilitation
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EIGH,NC Z016
facility or disposing of carcasses. Care shall be taken in handling sick or injured specimens to
ensure effective treatment and care and in handling dead specimens to preserve biological
materials in the best possible state for later analysis of cause of death. In conjunction with the
care of a sick or injured animal or preservation of biological materials from a dead animal, the
finder has the responsibility to ensure that evidence intrinsic to the specimen is not disturbed.
Migratory birds, including bald eagles
To the extent that this statement concludes that take of any threatened or endangered species of
migratory bird will result from the agency action for which consultation is being made, the
Service will not refer the incidental take of any such migratory bird or bald eagle for prosecution
under the Migratory Bird Treaty Act of 1918, as amended (16 U.S.C. §§ 703-712), or the Bald
and Golden Eagle Protection Act of 1940, as amended (16 U.S.C. §§ 668-668d), if such take is in
compliance with the terms and conditions(including amount and/or number) specified herein.
CONSERVATION RECOMMENDATIONS
Section 7(a)(1) of the Act directs Federal agencies to utilize their authorities to further the
tpurposes of the Act by carrying out conservation programs for the benefit of endangered and
hreatened species. Conservation recommendations are discretionary agency activities to
minimize or avoid adverse effects of a proposed action on listed species or critical habitat, to
help implement recovery plans, or to develop information.
For the benefit of the bald eagle and other federally protected species, the U.S. Fish and Wildlife
Service recommends that the Corps ensures that Applicants for federal permits are aware of the
potential for listed species to occur wherever suitable habitat may exist. Information provided by
the State of North Carolina, (through the Natural Heritage Program or the Wildlife Resources
Commission) on the distribution of listed species is useful in evaluating project impacts.
However, those data presented should not be considered a substitute for rare species surveys to
confirm the presence/absence of species/habitat that need to be conserved. The Corps should
make sure that Applicants are aware of the need to survey proposed project sites for suitable
habitat that maybe occupied by listed species.
REINITIATION NOTICE
'Phis concludes formal consultation on the action outlined in the request, As provided in 50 CFR
section 402.16, reinitiation of formal consultation is required when discretionary Corps
involvement or control over the action has been retained and if (1) the amount or extent of
incidental take is exceeded, (2) new information reveals effects of the Corps action that may
affect listed species or critical habitat in a manner or to an extent not considered in this biological
opinion, (3) the Corps action is subsequently modified in a manner that causes an effect to the
listed species or critical habitat not considered in this biological opinion, or
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(4) a new species is listed or critical habitat designated that may be affected by the action. In
instances where the amount or extent of incidental take is exceeded, any operations causing such
take must cease pending reinitiation.
We have assigned our log number Service 1D# 04-SO49 to this consultation; please refer to it in
any future correspondence concerning this project. If you or your staff have any questions
concerning this BO, please contact Mr. John Hammond of the Raleigh Field Office at(919)
856.4520 extension 28, or via email at [e-mail].
Sincerely yours,
yeoz�
Garland B. Pardue, Ph.D.
Ecological Services Supervisor
Enclosures
cc:
Joe Johnston, Section 7 Regional Coordinator, USFWS, Region 4, Atlanta, GA
David Allen, NCWRC
1
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LITERATURE CITED
Broley, C.L. 1947, Migration and nesting of Florida bald eagles. Wilson Bulletin 59:3-20.
, 1950, The plight of the Florida bald eagle. Audubon Magazine 52:43-49.
Buehler, D. A. 2000_ Bald Eagle (I-faliaeetus leucocephalus). In The Birds of North America,
No. 506 (A. Pool and F. Gill, eds.). The Birds of North America, Inc. Philadelphia, PA.
Curnutt, J.L. 1996. Southern bald eagle. Pages 179-187 in: J.A, Rodgers Jr., H.W. Kale H, H.T.
Smith, eds. Rare and endangered biota of Florida, University Press of Florida; Gainesville,
Florida.
Heinzman, G., 1961. The American bald eagle. Natural History 70 (6): 18-21.
, 1962_ American bald eagle - a last stand in Florida? Florida Wildlife 15 (8):14-17.
Johnsgard, P.A. 1990. Hawks, eagles, anti falcons of North America. Smithsonian.Institution
Press; Washington, D.C.
McEwan L. C. 1977. Nest site selection and productivity of the southern bald eagle.
Unpublished Masters Thesis, University of Florida, Gainesville, Florida.
McEwan, L. C., and D. H. Hirth. 1979. Southern bald eagle productivity and nest site selection.
Journal of Wildlife Management 43:585-594.
Montana Bald Eagle Working Group. 1991. Habitat management guide for bald eagles in
northwestern Montana. Bureau of Land Management; Billings, Montana.
Palmer, R.S. 1988. Handbook of North American birds, Volume 4. Yale University Press; New
Haven, Connecticut.
Potter, Eloise F., J. F. Parnell, R, P. Teulings. 1980. Birds of the Carolinas. The University of
North Carolina Press, Chapel Hill.
Pearson, T.G., C.S. Brimley, H.H. Brimley, D.L. Wray, and H.T. Davis. 1959. Birds of North
Carolina. North Carolina Division of Agriculture.
Peterson, D.W. and W.B. Robertson, Jr. 1978. Threatened southern bald eagle. Pages
27-30 in H.W. Kale II, ed. Rare and endangered biota of Florida: volume two,
birds. University Presses Florida; Gainesville, Florida.
Schafale, M.P. and A.S. Weakley_ 1990. Classification of+ae Natural Communities of North
17

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�019
Carolina- Third Approximation. North Carolina Natural Heritage Program,Division of
Parks and Recreation,NC DEHNR, Raleigh, N.C.,
U.S. Fish and Wildlife Service. 1999. Endangered and threatened wildlife and plants;
proposed rule to remove the bald eagle in the lower 48 States from the List of Endangered
and Threatened Wildlife. Federal Register 64:36454-36464.
U.S. Fish and Wildlife Service. 1989. Southeastern states bald eagle recovery plan,
U.S. Fish and Wildlife Service; Atlanta, Georgia.
—' Smith, G. 1969. American bald eagle., Florida Wildlife 23(2):12-17.
Wood, P.B. and M.W. Collopy. 1995. Population ecology of subadult southern bald
eagles in Florida:post fledging ecology, migration patterns, habitat use, and
survival. Final report to Florida Game and Fresh Water Fish Commission,
Nongame Wildlife Program, Tallahassee, Florida.
Wood, P.B. 1992. Habitat use, movements, migration patterns, and survival of subadult Bald
Eagles in north Florida. Ph.D. diss., Univ. of Florida, Gainesville.
Wood, P.B., T_C. Edwards, and M.W. Coll,opy. 1989. Characteristics of bald eagle nesting
habitat in Florida. Journal of Wildlife Management 53(2):441-449.
18

14/13/04 TUE 15:30 FAX [phone] TiSFWS—RALEIGH,NC 020
A4gNTOr _ United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Officc
Post Office Box 33726
Raleigh,North Carolina 27636-3726
GUIDELINES FOR AVOIDING IMPACTS TO THE WEST INDIAN MANATEE
Precautionary Measures for Construction Activities In North Carolina Waters
The West Indian manatee (Trichechus manatus), also known as the Florida manatee, is
a Federally-listed endangered aquatic mammal protected under the Endangered Species
Act of 1973, as amended (16 U.S.C. 1531 et seq.) and the Marine Mammal Protection Act
of 1972, as amended (16 U.S.0 1461 et seq.). The manatee is also listed as endangered
under the North Carolina Endangered Species Act of 1987 (Article 25 of Chapter 113 of
the General Statutes). The U.S. Fish and Wildlife Service (Service) is the lead Federal
agency responsible for the protection and recovery of the West Indian manatee under the
provisions of the Endangered Species Act,
Adult manatees average 10 feet long and weigh about 2,200 pounds, although some
individuals have been recorded at lengths greater than 13 feet and weighing as much as
3,500 pounds. Manatees are commonly found in fresh, brackish, or marine waterhabitats,
including shallow coastal bays, lagoons, estuaries, and inland rivers of varying salinity
extremes. Manatees spend much of their time underwater or partly submerged, making
them difficult to detect even in shallow water. While the manatee's principal stronghold in
the United States is Florida, the species is considered a seasonal inhabitant of North
Carolina with most occurrences reported from June through October.
To protect manatees in North Carolina, the Service's Raleigh Field Office has prepared
precautionary measures for general construction activities in waters used by the species
Implementation of these measures will allow in-water projectswhich do not require blasting
to proceed without adverse impacts to manatees. In addition, inclusion of these guidelines
as conservation measures in a Biological Assessment or Biological Evaluation, or as part
of the determination of impacts on the manatee in an environmental document prepared
pursuant to the National Environmental Policy Act, will expedite the Service's review of the
document for the fulfillment of requirements under Section 7 of the Endangered Species
Act. These measures include:
1. The project manager and/or contractor will inform all personnel associated with the
project that manatees may be present in the project area, and the need to avoid any harm
to these endangered mammals. The project manager will ensure that all construction
personnel know the general appearance of the species and their habit of moving about
completely or partially submerged in shallow water, All construction personnel will be
informed that they are responsible for observing water-related activities for the presence
of manatees.
2. The project manager and/or the contractor will advise all construction personnel that

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H,NC �021
there are civil and criminal penalties for harming, harassing, or killing manatees which are
protected under the Marine Mamrnal protection Act and the Endangered Species Act.
3. If a manatee is seen within 100 yards of the active construction and/or dredging
operation or vessel movement, all appropriate precautions will be implemented to ensure
protection of the manatee. These precautions will include the immediate shutdown of
moving equipment if a manatee comes within 50 feet of the operational area of the
equipment. Activities will not resume until the manatee has departed the project area on
its own volition (i.e., it may not be herded or harassed from the area).
4. Any collision with and/or injury to a manatee will be reported immediately. The report
must be made to the U.S, Fish and Wildlife Service (ph. 919.856.4520 ext. 16), the
National Marine Fisheries Service (ph. 252.728.8762), and the North Carolina Wildlife
Resources Commission (ph. 252,448.1546).
5. A sign will be posted in all vessels associated with the project where it is clearly visible
to the vessel operator, The sign should state.-
CAUTION- The endangered manatee may occur in these waters during the warmer
months, primarily from June through October. Idle speed is required if operating
this vessel in shallow water during these months, All equipment must be shutdown
if a :manatee comes within 50 feet of the vessel or operating equipment_ A collision
with and/or injury to the manatee must be reported immediately to the U.S. Fish and
Wildlife Service (919-856-4520 ext. 16), the National Marine Fisheries Service
(252.r728.8762), and the North Carolina Wildlife Resources Commission
(252.448.1546).
6, The contractor will maintain a log detailing sightings, collisions, and/or injuries to
manatees during project activities, Upon completion of the action,the project manager will
prepare a report which summarees all information on manatees encountered and submit
the report to the Service's Raleigh Field Office,
7. All vessels associated with the construction project willoperate at"no wake/idle"speeds
at all times while in water where the draft of the vessel provides less than a four foot
clearance from the bottom, All vessels will follow routes of deep water whenever possible.
8. If siltation barriers must be placed in shallow water, these barriers will be_ (a) made of
material in which manatees cannot become entangled; (b)secured in a manner that they
cannot break free and entangle manatees; and, (c) regularly monitored to ensure that
manatees have not become entangled, Barriers will be placed in a manner to allow
manatees entry to or exit from essential habitat.
Prepared by (rev_ 06/2003):
U.S_ Fish and wildlife service
Raleigh Field Office
POst Office Box 33728
Raleigh,North Carolina 27636-3726
919/856-4520

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Figure 1. The whole body of the West Indian manatee may be visible in clear water; but
in the dark and muddy waters of coastal North Carolina, one normally sees only a small
part of the head when the manatee raises its nose to breather
.era
Illustration used with the permission of the North Carolina State Museum of Natural Sciences.
Source: Clark, M. K. 1987. Endangered, Threatened,and Rare Fauna of North Carolina: Part I.
A re-evaluation of the mammals. Occasional Papers of the North Carolina Biological Survey 1987-
3. North Carolina State Museum of Natural Sciences. Raleigh. NC, pp. 52.

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BALD EAGLE MONITORING GIU MELXNES
Prepared For
United States Fish and Wildlife Service
September 2002

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PREFACE
These monitoring guidelines are published and issued by the U.S. ish and Wildlife Service's Jacksonville,
Panama City and Vero Beach Field Offices in Florida. A number of ederal and State laws and/or regulations
prohibit, cumulatively, such acts as harassing, harming, disturbing, molesting, pursuing, etc. bald eagles, or
destroying their nests. The purpose of these guidelines is to provide agency personnel and others in Florida a
scientific standard for documenting and evaluating bald eagle response to human development activities,
which may indicate an alteration of otherwise normal nesting pehavior and which may lead to nest
abandonment and/or death. These guidelines are supplemental to the Habitat Management Guidelines for the
Bald Eagle in the Southeast Region, and similarly are advisory in 1 ature. The monitoring guidelines do not
replace the habitat management guidelines_
The development of this document is a collaborative effort by Fede al
Godley , State and private biologists who have
extensive experience in the research and management of bald eagles the Southeastern United States. J. Steve
l prepared the initial draft and all attachments, while Tom HI Logan2 served as editor and coordinator
Of technical and editorial reviews of subsequent drafts_ Stephen A. Nesbittz, John H. White2, Don Palmer,Candace Martino', Annie Diiergowski3, Jeff Weller and Linda errell', provided technical and editorial comments that were invaluable to the completion and technical quali of these guidelines.
1 Biological Research Associates
2 Florida Fish and Wildlife Conservation Commission
3 U.S. Fish and Wildlife Service
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BALD EAGLE MONITORING GUIIDELINES
A. Introduction:
Approximately 10 percent of Florida's 1,133 known occupied bald eagle territories (Nesbitt et al. 2002) occur
in suburban settings, defined as nests with >50 percent of the natural habitat within 1, 500 feet of the nest tree
having been altered by some form of human development (Millsap et al. 2001, Nesbitt personal
communications). Eagles in these settings either continue to nest, or sometimes establish new nests at other
sites that are in proximity to human development (Millsap et al. 20Q 1)_ No significant differences in territory
occupancy, nesting success (occupied territories that fledge young) or productivity(number of young fledged),
have been detected between eagle pairs nesting in these suburban ve>sus more rural settings, so long as a 750-
foot primary protection zone around the nest tree has been maintained in an undisturbed (i.e., current) state
(Nesbitt et al. 1993, Millsap et al. 2001). However, the tolera ce of individual eagle pairs to human
disturbance, defined as a change in eagle behavior that is induced 1by any human activity (Fraser 1985) or
habitat alteration, may vary widely. Accordingly, the U.S. Fish a Wildlife Service (USFWS) and North
W
Carolina Wildlife Resources Commission (NCRC) typically req ire biological monitoring of the nesting
territory if new human development, specifically residential and/or commercial construction, is proposed to
occur within 1,500 feet of the nest tree and during the nesting season ecember 1 —July 15, USFWS 1999).
These bald eagle monitoring guidelines have been developed to provide agex►cy per soru�el and others a
scientific standard for evaluating eagle responses to human devel matt activities, which may indicate an
alteration of otherwise normal nesting behavior. The monitoring idelines (1) identify specific behavioral
responses of adult and young eagles that may warrant cessation of development activities, (2) quantifies
development activities which may indicate that harm or harassment f eagles has occurred., such that otherwise
normal behavior has been altered, (3)proposes the type and level of�onitorinb necessary to detect a change in
normal behavior and (4) develops a procedure for reporting the obs rvations to the USFWS/NCWRC and for
halting or modifying construction activities, if necessary.
The probability that a pair of bald eagles will abandon their nest in eases with the intensity and proximity of
development activities to their nest, and decreases with the time an energy the adult eagles have invested in
the eggs or young and to what extent the adult birds may habituate t? human activities. This is based upon the
ecological parental investment theory (e.g., Trivers 1972, Wilson 1975, Dawkins 1977) and
experience gained from observing bald eagle/human interactions o er the past two decades in Florida lei 1
Wood 1992, Nesbitt et al_ 7993, Wood and Collopy 1995, Millsap t al. 2001). Accordingiy, the intensity of
monitoring and concern for abandonment to occur is highest prior t egg laying, the closer and more intense
development activities occur to the nest tree and for nesting territorie in more rural environments.
All infrastructure development within 1,500 feet of the nest tree sho Id, as a general rule, be completed during
the non-nesting season (USFWS 1997). Infrastructure construction i eludes all land and lot clearing; fill work;
construction of roads, drainage. sewer and storm water facilities; an installation of water, electricity and other
utilities. However, it often is not possible to complete constructio of infrastructure, individual residential
homes or commercial developments during the non-nesting season. The purpose of these guidelines is to
address those circumstances.
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B. Monitoring Requirements!
Biologists formally educated in wildlife ecology and well experie ed in recognizing specific patterns and
changes of eagle behavior and capable of recording those observations in a scientific manner must conduct all
monitoring. Continuity of monitoring, data collection and reporting is best maintained if one person conducts
all monitoring for a specific project site. Close coordination is essential if more than one monitor is required.
Monitoring should be conducted from a location that provides a clear vantage point of the nest and the
surroundings (including construction activities), yet far enough fro the nest e. ., >
750 feet where possible)
to not cause disturbance to the eagles. Monitoring from closer locati,ns could case disturbance and should be
avoided. Conducting the monitoring from inside a parked vehicle or from a portable blind can further
,ninin,ize observer disturbance. Monitoring should be conducted using both binoculars and a hi
spotting scope during periods when construction is occurring during the nesting season(generally December ,
July 15)and within 1,500 feet of the nest tree.
The purpose of monitoring is to detect any abnormal behavior of th adult eagles or their chicks that may be
elicited in response to development activities occurring within 1,50 feet of the nest tree and that potentially
could result in abandonment of the nest and/or territory. We recommend that procedures be established for
suspension of work activities which may be responsible for sue abnormal behavior and that any such
suspension be reported immediately to the USFWS (appropriate Fie�cd Office) and NCWRC (Faunal Diversity
Project Leader) for consultation regarding appropriate actions to halt or modify any activities which potentially
may increase risk to nesting eagles. Nesting behavior and resp nse of individual eagle pairs to human
activities may vary, but nesting chronology and otherwise normal behavior are relatively fixed and predictable.
Buehler (2000) and references cited therein provides an excelle;lit summary of the biology and nesting
behavior of bald eagles_
Monitoring should begin no later than December 1 and continue thro gh fledging, if construction is anticipated
or planned to occur within 1,500 feet of the nest tree and during the nesting season_ Fledging is considered to
have occurred at that age when young of the year have achieved th ability to sustain. flight (see Section C.2
for details).
• Initial monitoring of eagles on nesting territories should be c nducted a minima, -le-la
four
I M of. ., U per-Week
for fo hours each day starting /2 hour before sunrise to document when eagles return to the territory
and resume nesting behavior(i.e., nest reconstruction or construction)_ Some birds may initially return
to the territory during afternoons. This may be detected by including some afternoon monitoring
and/or checking under nest trees for droppings or other evid nce of presence during mid-day.
• Nesting eagles should be monitored a minimum of three lays each week and four hours each day
(beginning at 1/2 hour before sunrise) from onset of nesting behavior through four weeks post-
hatching.
• Monitoring frequency M,ay be reduced to one day each we k (four hours beginning 1/2 hour before
sunrise) beginning five weeks post-hatching and continue until fledging occurs or July 15, whichever
occurs first.
• Additional monitoring may be appropriate should special circumstances arise (see
details). Section C.6 for
• The monitoring and construction plans for any nesting territ ry may be re-evaluated for modifications
during any year, if eagles have not been observed using thei territory by February l of that year or if
great horned owls (Bubo virginianus)have assumed occupa ey of the nest-
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• Single-family homes typically require a minimum of 5 months for completion of construction, and all
major stages of construction (described below), except true s placement, occur over multiple days.
Monitoring should be timed to include tress placement.
• The monitor should use a site plan of the project to prepare weekly neaps on which to document the
specific construction activities that are occurring within 1,500 feet of the nest tree. Recorded
construction activities should include, but not be limited to the stage of construction of each home
6,e., fill placement, slab pouring, sidewall construction, trus placement, roofing, external finish work,
internal finish work and landscaping).
• All observations of construction and eagle behavior must Je recorded using the attached data sheet
(Figure I)-
The following nest cycle activities must be documented and monitored for comparison with normal nesting
behavior (see Section C for details) and for detecting and evalua6ng behavior that may be indicative of
disturbance and/or pending risk:
1- Temporal patterns of nest attendance by the adults.
2. Observations of courtship, mating and nest building/maint ee.
3. Incubation and brooding behavior. 4. Feeding, growth and care of the eaglet(s).
5. Flight patterns to and from the nest tree.
6- Fledging of the caglet(s).
All behavioral data and construction activities must be recorded within 15 minute intervals to facilitate
analysis as a basis for detecting and evaluating behavior whie may indicate pending risk. Figure 2
summarizes the typical nesting chronology of bald eagles in Florida. please note that egg laying typically
occurs during mid-December in Florida,but may vary by year, pair and latitude, and can extend from October
through April, with most late nesters likely representing second breeding attempts (Buehler 2000). Figure 3
provides a typical pattern of nest attendance and phenology of a pair of eagles in Sarasota County, Florida,
monitored over a three-year period during one 4-hour observation eriod each week from October through
May.
Nesting behavior which may be interpreted as abnormal, a response o construction activities and/or indicative
of pending rick may include, but not be limited to: 1) adults raising br standing up over the nest, 2) increased
time spent away from the nest by the adults that is not associated with
Eight patterns or perch tree use, 4} distress calls, 5) flu in
shing beha�ionormal
r fr mnthe nesthtreelor perchhtreess 6)
changes in the feeding schedule of the eaglet(s) and 7) premature fledging of the eaglet(s). Descriptions of
specific behaviors that would warrant concern and may be indicative of pending risk are described below.
Please note that many such behaviors occasionally result from factors other than human disturbance, such as
death of an adult, sterility or immaturity(i.e., one member of the pair, not in definitive plumage), entrance of a
foreign adult eagle or great homed owls into the territory, inade44e food supply for the number of eaglets
present, etc. Therefore, it is very important that observations of any abnormal behavior be reported
immediately to assure proper interpretation and appropriate courses f action (see Section D for details).
4

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C. Definitions of Human Disturbance:
l. Adults Raising or Standing Up Over the Nest
Eagles often assume an alert posture in response, to a disturba ce event. This behavior also may be
accompanied by distress calls and ultimately result in flushing behavior (Fraser et at. 1985, Buehler et al.
1991, McGerigal et al. 1991). Incubating adults may react to a disturbance by rising from their incubation
posture and standing over their eggs. They also may step off the egas and stand on the side of the nest. They
may or may not vocalize in conjunction with this behavior. Such standing behavior may be seen prior to flying
and as an indication that the bird may flush from the nest in response to a disturbance. The bird also may settle
back down into incubation posture without flying, once the disturbance has passed or the bird has decided the
disturbance is not a sufficient threat to warrant flushing from the nest This behavior(whether the adult flushes
or not) does indicate that the disturbance is great enough to interfere with normal behavior and is of concern.
This posture could be confused with stretching or egg turning which are normal parts of incubation behavior. it
will be the responsibility of the monitoring biologist to accurately judge whether a bird is exhibiting normal
behavior or is reacting to disturbance.
2. Increased Time S ent Away From the Nest Tree
Figure 3 provides a representative example of normal baseline ne t attendance by at least one adult eagle
during the nesting season. Please note that attendance may f the time
be
during the 35-day incubat s oradic early in the nesting season, but
increases dramatically iirnncdiatcly prior to egg-laying. At least one adult is present almost 100% oion period and the first 2-3 weeks post-hate lhmg(Fraser 198I, Wallin 0% Females
average about 1/5 larger in size than males, and the sexes are distinguishable when the pair is together_ The
female does the majority of the incubation and early nestling attendance, although the male participates in both
activities. One adult (usually female) broods constantly during inelet-ent (i.e., cool or rainy) weather, and will
shade the young to avoid heat stress until a chick(s) is approximate y 4 weeks of age (Jenkins 1989, Herrick
1924)_ Nest attendance declines sharply after 5-6 weeks, and the a ults often roost and loaf away from the
nest.
?Vest attendance would be considered abnormal if. 1) at least one a ult is not present during two consecutive,
4-hour (minimum) monitoring-days prior to egg laying or 2) both adults are absent for more than two
consecutive 15- minute periods during incubation, early brooding orl inclement weather prior to 4 weeks post.
hatch.
3_ Changes in Flight patterns
Eagles in the Southeastern United States generally nest in proximity to water, and flight paths to arid from the
nest often are relatively direct to their feeding areas. Flight information should include recording the direction
of each flight to and from the nest in the eight cardinal directions. Simple chi-square or other non-parametric
statistics can be used to test if flight patterns are random, directed towards foraging areas or away from on-
going construction,
4. Distress Calls
Verner and Lehman (1982) describe three distinctive calls of nestin birds that are typical responses to human
approaches: 1) a "chatter call" described as consisting of 3-4 intro.-uctory notes separated by short gasps of
silence(<1 s) followed by a rapid sequence of descending notes, usu ly 6-9 notes in sequence(kwit kwil kwit
5

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kwit kee kee-kee-kee-kee), 2) a"peal" consisting of a high-pitched,p �olonged, gull-like cry, often repeated 3-5
times and 3)a "wails" call that is seldom given (Beuhler 2000) . Vanants of these calls may also be given in
response to an intruding adult eagle or other raptors, such as great orned owls, and the chatter call also is
often given upon approach to the nest tree by a member of the pair, i ependent of human disturbance.
Any distress call must be investigated to determine cause and g any construction or associated Duman activity
that may be responsible for the distress call, must be halted or modified immediately.
5. Flushing Behavior
Adult eagles may flush from the nest tree, particularly if humans are on foot (Fraser et al. 1985,Beuhler et al.
1991, Grubb and King 1991,.McGarigal et al. 1991, Grubb et al. 19 2). Risk increases with the duration and
frequency of events. The sensitivity of eagles to human disturbance varies between individuais and across
populations, as measured by experimental flushing studies (e.g., St1 master and Newman 1978, Knight and
Knight 1984, Fraser et al. 1985, Buehler et at. 1991, McGarigal et al 1991). Unfortunately, no similar studies
have been conducted in North Carolina. The response of individual eagles may ranee from temporary
agitation(alert posture) to flushing from the nest or perch tree, to permanent displacement. Humans in vehicles
generally elicit a much lower response than those on foot Additionally, eagles that nest in proximity to
existing human activities may habituate and be more tolerant to forms of human activity than they may have
Previously experienced. Flushing behavior is more typically in response to human approach to the nest on
foot; therefore, it is imperative that the monitor attempt to stop all such approaches. Any construction activities
that appear to have caused flushing should be halted immediately.
6. Changes in Feeding Schedule of the Eaglet(s)
Although both sexes secure food and feed the young, the male prPvides most of the food in the first two
weeks, while the female tends the young in the nest (Wallen 1982, Gerrard and Bortolotti 1988). The female
often delivers as much prey as the male after 3-4 weeks. Adults typically bring the food to the nest and tear off small pieces to feed the young. Eaglets are able to tear of food and teed themselves at approximately 6 weeks
of age, although the adults often dismember lar;er prey (Palmer et al. 1988 . Adults
times per day y ) typically deliver food 2-8
p y (mean =4) and the earl morning period accounts ibr proportionately more food deliveries
(Herrick 1924)_ Food delivery rates also typically decrease as eaglets mature and/or eaglet numbers decline
with normal attrition. Therefore, deliveries may not be observed during some monitoring periods for older
broods. Additional_ monitoring may be appropriate, should this phenomenon be observed in conjunction with
other behavioral indicators of stress. The nutritional requirements 6f eaglets have not been reported in the
literature (Buehler 2000), but free ranging adult bald eagles in Washington at 5°C need to consume about 77.3
g/kg per day (425.5 kJ/kg per day), slightly less than 10% of th�ir body weight per day (Stalmaster and
Gessaman 1984).Nestlings May use food that accumulates at the nest for more than one day,unless fresh food
is provided (Herrick 1993). Both adults and chicks are capable of st ring food in their crop, then digesting the
food over time.
Mean brood size for successful nests in Florida bald eagles is 1.55 young per brood, with 3 young not
uncommon (Nesbitt et al. 2002). One egg is laid per day, although often not always on successive days.
Hatching is asynchronous and differential growth between the sexes can lead to differential mass among
siblings, facilitating competition and fratricide (Bortollotti 1986). Sibling competition and mortality is greatest
early in the nestling period, when size differences are greatest. The 1 rgest chick typically gets the majority of
food in clutches with more than one chick- Brood reduction from s!rvation of the youngest chick may occur
in broods of any size, unless food is abundant(Gerrard and Bortollo4i 1989).
It is important to quantify, to the extent possible, the size and e of prey brought to the nest during all
observation periods. These data may be useful for determining if t eaglet(s) is receiving adequate food and
if construction may be interfering with food delivery schedules.
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7. Premature Fledging of the Eaglet(s)
Eaglets typically fledge at approximately 11 weeks of age in Florida (Wood 1992), but nest departure can
occur at 8-14 weeks (Buehler 2000). The eaglets u6ually begin to move about the nest and branches of the nest
tree at least 2 weeks before fledging, flapping and developing muscle strength, flight coordination and landing
ability in preparation for their first flight from the nest tree_ These eaglets are referred to as "branchers."
Fledging typically is considered to have occurred when the eaglets have begun to make extended flights from
the nest to adjacent trees, have begun to soar and/or are seen flying'around the territory with the parents. It is
not uncommon for up to half of initial nest departures to be unsuccessful, with the eaglet falling to and
remaining on the ground for days or weeks before regaining flight ability; in most cases, the parents will
continue to feed these young (Kussman 1977, Fraser 1981)_ Successful fledging, for purposes of these
guidelines, is defined as the time at which the eaglet(s) has near fully developed primaries; is capable of
strong, coordinated, independent flight; and would not glide to the ground if flushed.
Care must be taken to confirm that any premature fledging is, in fact, human related, since premature fledging
is a common occurrence that may be independent of human activity.
D. Reporting Requirements:P gc q meats;
I
The monitor will send monitoring reports by facsimile or e-mail to the USFWS a ro{ pp priate Field Office) and
the NCWRC (Faunal Diversity Project Leader)on a weekly basis when construction is occurring within 1,500
feet of the nest tree and during the nesting season. The monitor has the obligation to immediately report any
suspension of work activities and/or any documented abnormal behavior, as defined in Section C above, to the
USFWS and NCWRC and the developer/home builder_ The USFWS and NCWRC will coordinate a review of
the reported behavior and circumstances associated with any suspension of work activities to make a verbal
determination whether construction should resume or be modified, or if monitoring frequency should be
increased, followed up by a written recommendation.
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i
E.Literature Cited: '
i
Buehler,D.A. 2000_ Bald eagle (Haliaeetus leucephalus).In The Birds of North America,No. 506 (A. Poole
and F. Gill, eds.). The Birds of North America, Inc., Philadelphia, PA.
Bortolorti, G.. 1986. Evolution of'growth rates in eagles: sibling competition vs. energy considerations.
Ecology 67: 182-194. 1
Buehler,D.A., Y.J. Mersmann, J.D. Fraser, and J.K.D. Seegar. 1991.Effects of human activity on bald eagle
distribution on the northern Chesapeake Bay_ J. Wildl. Manage. 55: 282-290.
Dawkins, R. 1977, The Selfish Gene. Oxford University Press, New York_
Fraser, J.D. 1981. Breeding biology and status of bald eagles on Chippewa National Forest. Ph.D.diss., Univ.
of Minnesota, Minneapolis,
Fraser, J.D., L.D. Frenzel, and J.E. Mathisen. 1985. The impact of hu man activities on breeding bald eagles in
north-central Minnesota. J. Wildl, Manage, 49, 585-592.
Gerrard, J.M. and G.R. Bortolorti. 1988. The bald eagle: haunts and habits of a wilderness monarch.
Smithsonian Inst.Press, Washington,D.C.
Grubb, T.G., and R.M. King. 1991.Assessing human disturbance of breeding bald eagles with classification
tree models. J. Wildl. Manage 55: 500-511. '
Grubb, T,G., W.W. Bowerman, J.P. Geisy, and G.A. 'Dawson. 1992. Responses of breeding bald eagles,
Haliaeetus leucephalus, to human activities in northcentral Michigan. Can, Field Nat, 106:443-453.
Herrick, F.H. 1924. Daily life of the American eagle: late phase. A 141: 389-422, 517-541.
Herrick, F.H. 1933. Daily life of the American eagle: early phase (concluded).Auk 50:34-53.
Jenkins, J.M_ 1999.Behavior of nestling bald eagles. Bird Behav_ 8: 23-31.
Knight, R.L. and S.K. Knight. 1984. Responses of wintering bald eagles to boating activity.J. Wildl.Manage
48:999-1,004.
Kussman,J.V. 1997. Post-fledging behavior of the northern bald eagle,Haliaeetus leucephalus,in the
Chippewa National Forest, Minnesota,Ph.D. diss.,Univ. of Minnesota, Minneapolis.
McGarigal. KK, R.G. Anthony, and F_B_ Isaacs. 1991- Interactions of humans and bald eagles on the Columbia
River estuary. Wildl. Monogr. 115.
Millsap, B., L. Phillips, L. McConnell, N. Douglass, S.Taylor, J.Jones, T. Breen, and T. Steffer. 2001.
Comparative fecundity and survival of bald eagles fledged from suburban and rural natal areas. WCC
Annual Performance Report.
Nesbitt, S.A., Bozzo, J.A_,Douglass,N.J., Lamonte, K., Jubilis,P.S.;Regan, T.W., Schwikert, S.T., and
White, J.H. 2002. Bald Eagle Populadior.Monitoring,WCC Annual Performance Report.
.
Nesbitt, S.A., M.J. Folk, and D.A. Wood. 1993.Effectiveness of bald eagle habitat protection guidelines in
Florida. Proc. Annu. Conf. SF-AFWA.Pp. 333-338.
8

4/13/04 TUE 15:.36 F.kX 1 919 856 4556 USFWS-RALEIGH,NC 16032
Palmer, R.S., J.S. Gerrard, and M.V. Stalmaster. 1988.bald eagle. Pp. 187-237 in Handbook of North
American Birds.Vol. 4 (R.S. Palmer ed.).Yale Univ. Press,New Haven, CT.
Stalmaster,M.V. and J.A. Gessaman, 1984. Ecological energetics and foraging behavior of overwintering bald
eagles. Ecol. Monogr. 54: 407-428,
i
Stalmaster, M.V. and J.R. Newman. 1978. Behavioral responses of wintering bald eagles to human activity.I
Wildl.Manage_ 42: 506-513.
Trivers, R.L. 1972. Parental investment and sexual selection. In Sexual Selection and the Descent of Man. B.
Campbell(ed.)Aldine, Chicago.
'U. S. Fish and Wildlife Service_ 1987, Habitat management guidelines for the bald eagle in the southeast
region.
U. S. Fish and Wildlife Service. 1999. Habitat management guidelines for the bald eagle in the southeast
region. (Draft)
Verner, J. and R.N. Lehman. 1992.Identifying individual bald eagles with voiceprints: a feasibility study. U.S.
For. Serv. Pac. Southwest For Range Exp. Stn. Res.Note PSW-359.
Wallin, D.O. 1982. The influence of environmental conditions on the breeding behavior of the bald eagle
(Haliaeetus leucephalus) in Virginia.M.S. Thesis, College of William and Mary, Williamsburg,VA.
Wilson, E.O. 1975. Sociobiology, the New Synthesis. Harvard Univ rsity Press, Cambridge,Massachusetts.
Wood. P.H. 1992_ Habitat use, movements, migration patterns, and survival of subadult bald eagles in north
Florida. Ph. D. diss. Univ. of Florida, Gainesville.
Wood, P.D. and M_W_ ColloPY. 1995. Population ecology of subadulit southern bald eagles in Florida:
Postfledging ecology, migration patterns,habitat use, and survival. Florida Game and Fresh Water
Fish Commission Nongame Wildlife Program Final Report,(Tallahassee, Florida.
I
9

_ /13iO4 TUE 15:36 FAX [phone] USFWS—RALEIGH,NC Z033
FIGURE 1 -BALD EAGLE MONITORING DATA SHEET
Nest#: Start Time:
Date: End Time:
Tree Species': #Adult Present #Young Present
GENERAL ACTIV=OBSERVED
? COURTSHIP ? BREEDING ?NEST REPAIR ?ADULTS FEEDING YOUNG
? INCUBATION ?ADULT ? BROODING ? TERRITORLkL DEFENSE
FEEDING
TIME DETAILED OBSERVATION;(DRAW MAJOR TERRITORY FLIGHTS ON ATTACHED MA-P WITH TIME)
Weather Conditions- T: W: C: P:
Weather Conditions T: W: C: r:
Weather Conditions` T: W: C:
Constnrction Notes: (See attached Site Plan)
FP--Fill Placement
SP—Slab Pouring
SC=Sidcwall Construction
TP=Truss Placement
R=Roofmg
EW=Extemal Finish Work
IW=Internal Fuush Work
Infrastructure(describe in detail)
Tree Species: L =live, D=Dead
2Weather Conditions:
T=Temperature(OF);W=Wind; C=Cloud Cover(%);P=Precipitation
D;1AI1 Pr0jcct9\&glaalDald Eagle Monitoring Guidelines Final Fig l Oct 02.doc

0
Testing Chronology of Bald Eagles in Florida (typical)
Figure Z
Au ust Se tember October November Uecembe� Janus February March Aril may June Jul v
1. Courlahip
2. Nest Building
3. Egg Laying m
4. Incubation
00
5. Brooding/Fledging
6. Post-Fledging Care
v�
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Photographs courtesy of Tony Staffer 19
0
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04/13/04 TUE 15:37 FAX [phone] USFWS-RALEIGH,NC Z 035
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INCREMENTS OF"OUR OBSERVATIONAL PFR10DS
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Developrt>em Type 143t10160143510009316?$6253 243001602 4351 OD095 2341)
L Private,non-ten msrc l
development that does not involve SM 1DO%(S250) 0%(SD)
the filling or excavation of any
wetlands or open water areas:
R. Pubic or munen7al devebpment
that does not involve the Ming or $400 100%($400) 0%(SD)
excavafiorr of any wetlands or open
water areas
III. For development that involves the _
filling and/or excavation of up to 1
acre of wetlands and/or open water
areas,determine if A B,C,or D
below applies:
lll(A� For Private,non-cor merraa
development,If General water Quality S250 100%($250) 0%(SO)
Certification No.3301(see attached)
can be applied:
III(Bk For public or commercial
development if General water Quality 100%(5400) 0%($p)
:.. Certification No.3301(see attached)
can be applied:
Ill(C� If General Water Quality
Certification No.3301(see ached)
could be applied,but DCM staff
determined that additional review and S4DD 60%(S240) 40%($16D)
written DWQ concurrence is needed
because of concerns related to water
quality or aquatic fife:
lll(D). If General Water Quarrty
Cerfifiction No.3301(see attached) S400 6D%(S240) 40%(S160)
can not be applied:
IV. For development that involves
the filling andfor excavation of more S475 60%(52P.5) 40%(S190)
than one acre of wetlands and/or
open water areas:

�pE cauTqa
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i
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
29 March 2005
TRW
WASHINGTON DAILY NEWS
Post Office Box 1788 APR 0 4 Z005
Washington, NC 27889
Attention: Legal Advertising Department M®rGhead City DCM
Please include the enclosed Notice of Filing in the Public Notice section of the 31 March 2005
edition of your newspaper. If it will not be possible to include this notice in that edition, or if you
should have any questions about this notice, please call me as soon as possible at 948-3812.
The State Office of Budget and Management requires an original Affidavit of Publication prior
to payment for newspaper advertising. Please send the affidavit, an original copy of the published
notices, and an original invoice to:
JAYE POOLE
NCDENR
COASTAL MANAGEMENT DIVISION
1638 MAIL SERVICE CENTER
RALEIGH, NC 27699-1638
Thank you.
Sin erely,
Sandra Gordon
Secretary, Division of Coastal Management
c: Doug Huggett
Original famed: ✓/,' �'2�
Original mailed: y Gnu
One
NorthCarohna
943 Washington Square Mall,Washington,North Carolina 27889 Ntift all f
Phone:[phone] FAX:[phone] Internet:www.nccoastalmanagement.neV
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

r
NOTICE OF FILING OF F � i r
APPLICATION FOR CAMA MAJOR
� , a
DEVELOPMENT PERMIT APR
g
't
� 1AA�
The Department of Environment and Natural Resources hereby gives ichi
�M
required by N.C.G.S. 113A-119(b) that an application for a development permit in an Area of
Environmental Concern as designated under the CAMA was received on 28 March 2005.
According to the said application, Eagle Trace Subdivision for Charleston & Associates, LLC,
(formerly Whitehurst Shores Subdivision), applicant, and Mr. Howard Nichols, The East Group,
P.A., Authorized Agent, proposes to expand an existing 10 slip pier facility by adding 42 slips for
a total of 52 at Eagle Trace Subdivision at Core Point at property located at the end of SR 1167 at
Core Point on the Pamlico River near the community of Blounts Creek in Beaufort County, North
Carolina. A copy of the entire application maybe examined or copied at the office of Terry
Moore, 943 Washington Square Mall, Washington, NC during normal business hours.
Comments mailed to CHARLES JONES, DIRECTOR, COASTAL MANAGEMENT
DIVISION, NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL
RESOURCES, 400 COMMERCE AVENUE, MOREHEAD CITY, NC 28557 prior to 25 April
2005 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.
Please publish on 31 March 2005 in the Washington Daily News for the NORTH
CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES,
COASTAL MANAGEMENT DIVISION.

�oE corsr,�4, .
z
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
29 March 2005
The East Group, A
Mr.Howard Nichols, P.A.
Authorized Agent for Eagle Trace Subdivision for Charleston&Associates,LLC `
(formerly Whitehurst Shores Subdivision)
324 S.Evans Street APR 0 4 z005
Greenville,NC 27858
Dear Mr.Nichols: Morehodd 04 0CM
The Division of Coastal Management hereby acknowledges receipt of an application for State
approval for development of property located at the end of SR 1167 at Core Point on the Pamlico River
near the community of Blounts Creek in Beaufort County, North Carolina. It was received on 28 March
2005 and appears to be adequate for processing at this time. The projected deadline for making a decision
is 11 June 2005. 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 also serve as
your notice of an extended review. However, an additional letter will be provided on or about the 75th
day. Should there be any questions on this procedural change, do not hesitate to contact me.
If this agency does not render a permit decision within 70 days from 28 March 2005, 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.
N.C.G.S. 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
the 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 the property, or at a point along the
road right-of-way where a private road would lead one into the property. Failure to post this notice could
result in an incomplete application.
An onsite inspection will be made and if additional information is required,you will be contacted
by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in
writing if you wish to receive a copy of my field report and/or comments from reviewing agencies.
Sincerely,
David W. Moye,Field Representative
Division of Coastal Management
Washington Regional Office
ENCLOSURE
c: Doug Huggett
NorthCarolina
943 Washington Square Mall,Washington,North Carolina 27889 Natllrall f
Phone:[phone] \ FAX:[phone] \ Internet:www.nccoastalmanagement.net/
An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper

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AMA PERMIT
A PLIE FOR
PROJECT: � No 11 ( 1
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APPLICANT: FOR MORE DETAILS CONTACT
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APR v 4 2005
Morehead City D M
(DomesticU.S.Postal Service
CERTIFIED MAIL RECEIPT
Only;
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Postage $ Z
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. age 1 of 1
THE
EAST
Nov s 0 CROUP
November 2, 2005 Morehead City DC a Corporate Office
1���/� PO Box 7305
324 S.Evans Street
Greenville
Mr. &Mrs. Sameh Ghobrial, Owners: EAGLE TRACE, Lot 16 NC 27835
15 Jennifer Court www.eastgroup.com
Saratoga Springs,New York 12866
Tel [phone]
Fax [phone]
Re: Dock Expansion at EAGLE TRACE SUBDIVISION,Beaufort County,NC
Dear Mr. &Mrs. Ghobrial,
The North Carolina Division of Environmental Natural Resources — Division of Coastal
Management has requested that we notify you regarding the proposed dock expansion at
EAGLE TRACE Subdivision.
The existing dock currently has 10 boat slips with water& electricity available. There is also
an existing 12' x 16' dock house and a concrete boat ramp on-site. The developer is
proposing to add 42 boat slips to the existing dock area as shown on the attached drawings.
An environmental impact study (including submerged vegetation study) has been completed
by an independent environmental company and has been approved by NCDENR-Dept. of
Water Quality and the U.S. Army Corp. of Engineers.
With this proposed dock expansion, NCDENR-CAMA has asked us to notify you that this
dock expansion will encroach in your riparian rights on the Pamlico River. They have also
asked that we have your written permission to do so. If this is acceptable to you, please sign
the attachment and forward the original back to our office. A prepaid/addressed envelop is
enclosed for your use.
If you have any questions please feel free to contact me anytime.
Sinc ely,
oward Nichols ENGINEERING
Civil Project Manager The East Group,PA ARCHITECTURE
SURVEYING
TECHNOLOGY
P 2005 0319
Since 1975, servicing clients worldwide

Page 1 of 1
(
TBE
Nov 3 0 Zoos tGROUP
EAST
Moreh�
Morehead November 2, 2005 d City DCM
Corporate Office
PO Box 7305
324 S.Evans Street
Mr. &Mrs. Paul Strasser, Owners: EAGLE TRACE,Lot 14 Greenville
NC 27835
43381 Tides Inn Way www.eastgroup.com
Leesburg,Virginia 20176
Tel [phone]
Fax [phone]
Re: Dock Expansion at EAGLE TRACE SUBDIVISION,Beaufort County,NC
Dear Mr.&Mrs. Strasser,
The North Carolina Division of Environmental Natural Resources — Division of Coastal
Management has requested that we notify you regarding the proposed dock expansion at
EAGLE TRACE Subdivision.
The existing dock currently has 10 boat slips with water& electricity available. There is also
an existing 12' x 16' dock house and a concrete boat ramp on-site. The developer is
proposing to add 42 boat slips to the existing dock area as shown on the attached drawings.
An environmental impact study (including submerged vegetation study) has been completed
by an independent environmental company and has been approved by NCDENR-Dept. of
Water Quality and the U.S.Army Corp. of Engineers.
With this proposed dock expansion, NCDENR-CAMA has asked us to notify you that this
dock expansion will encroach in your riparian rights on the Pamlico River. They have also
asked that we have your written permission to do so. If this is acceptable to you, please sign
the attachment and forward the original back to our office. A prepaid/addressed envelop is
enclosed for your use.
If you have any questions please feel free to contact me anytime.
Sin erely, Ao�
Howard Nichols ENGINEERING
Civil Project Manager
The East Group,PA ARCHITECTURE
SURVEYING
TECHNOLOGY
P 2005 0319
Since 1975, servicing clients worldwide

)7m
APi 0 4 2005
Morehead City DCM
FOR REGISTRATION REGISTER OF DEEDS
JENNIFER LEGGETT WHITEHURST
BEAUFORT COUNTY, NC
2003 AUG 29 03:00:02 PM
STATE OF NORTH CAROLINA W135 PG:379-401 fEE:$95.00
INSTRUMI NT # 2003008523
COUNTY OF BEAUFORT
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
This DECLARATION made this day of August, 2003, by Charleston Associates,
LLC., a Maryland limited liability company, doing business in North Carolina as Eagle Trace
Properties, L.L.C. under the assumed name of Eagle Trace Properties, hereinafter referred to as
"Declarant";
WITNESSETH
WHEREAS,Declarant is the owner of real property described in Article I of this Declaration,
and desires to subject said real property to protective covenants hereinafter set forth, each and all
of which is and are for the benefit of such property and of each owner of a lot therein, and shall enure
to the benefit of and pass and run with said property, and each and every lot or parcel thereof, and
shall apply to and bind the successors in interest of any owner thereof; and,
WHEREAS, a Declaration of Covenants, Conditions and Restrictions was filed on April 5,
2002 for Lots numbered 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 19, and 20, of that property
more specifically described in a plat by The East Group, dated October 25, 2001, entitled"Survey
of Whitehurst Shores" and recorded in Plat Cabinet F, Slide 92-1 of the Beaufort County Registry
for a more complete reference; and
WHEREAS, on May 8, 2003 Declarant obtained fee simple title to the above referenced
property by general warranty deed recorded in Book 1264, Page 133 of the Beaufort County
Registry; and
-1-

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5K ? u ' ^ ^ ? .4 TI
ANK 0 4 2005
WHEREAS, on May 6, 2003, Declarant obtained fee si Mau U
title to property set forth in a
deed recorded in Book 1323,Page 873 of the Beaufort County Registry and now vAst4sY. Ject
all of said property to the same set of restrictions, covenants, and conditions as set forth herein; and
WHEREAS, on June 26, 2003, Declarant obtained fee simple title to property set forth in
a deed recorded in Book 1335,Page 555 of the Beaufort County Registry and now wishes to subject
all of said property to the same set of restrictions, covenants, and conditions as set forth herein; and
WHEREAS, said Covenants were withdrawn by Revocation of Declaration of Covenants,
Conditions and Restrictions recorded on August 25, 2003, in Book 1349,Page 632 of the Beaufort
County Registry; and
WHEREAS, Declarant has changed the name of the property to "Eagle Trace" and is now
doing business in the State of North Carolina as "Eagle Trace Properties, L.L.C. " and under the
assumed name of Eagle Trace Properties as recorded on August 25, 2003 in Book 1349, Page 630
of the Beaufort County Registry; and
WHEREAS, it is in the best interest of Declarant and to the benefit, interest, and advantage
of every party hereafter acquiring any of the described property that certain covenants, conditions,
easements,assessments,liens,and restrictions governing and regulating the use and occupancy ofthe
property be established; and
WHEREAS,Declarant desires to provide for the preservation ofthe values and amenities and
the desirability and attractiveness of said property; and
WHEREAS, Declarant intends by this instrument to create certain restrictions upon said
property which shall henceforth be binding upon it, its successors and assigns, and upon future
owners of lots lying within the area hereby designated as "Eagle Trace" and covered by these
restrictive covenants.
NOW THEREFORE, the Declarant hereby declares that the lots conveyed out of the real
property described in and referred to in Article I herein are and shall be held transferred, sold and
conveyed subject to the Protective Covenants herein set forth, and that all of the property referenced
above shall be and is hereby subject to the following restrictions, covenants, conditions, easements,
assessments, and liens relating to the use and occupancy thereof, which shall be construed as
-2-

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#.P.
covenants running with the land and which shall be binding on all parties equiring any 1*
interest in any of the property and which shall inure to the benefit of each owner thereo 100�
ARTICLE I
Morehead City [)CIO
PROPERTY SUBJECT TO COVENANTS
The property which shall be held, transferred, sold, conveyed, and occupied subject to this
Declaration is located in Richland Township,and more particularly described on the attached Exhibits
A and B. As concerns Exhibit B, the final lot surveys for lots 43-76, the Recreation Area and the
Boat Storage Area have not been completed and the lot line locations of the final lot surveys and
Frontage lines may differ from those shown on the attached Exhibit B. The final lot surveys for lots
1-42, and lots 77-83 are found in two plats by The East Group, dated June 24,2003, entitled"Eagle
Trace Phase 1, Section V, Sheets 1 and 2, and recorded in Plat Cabinet G, Slide 21-6 and 21-7,
Beaufort County Registry, and all of that property described in a plat by The East Group dated July
2, 2003, entitled "Eagle Trace Phase 2, Section 1" recorded in Plat Cabinet G, Slide 21-8 of the
Beaufort County Registry.
Declarant reserves the right to subject additional properties to the terms and provisions of
these Protective Covenants by recordation of an amendment hereto specifically describing such
property. All or any part of such additional property may be subjected hereto; such property may
be subjected hereto in one or more sections. However, to the extent that any portion of such
property has not been subjected to the terms and provisions of these Protective Covenants by
recordation of an amendment to these Protective Covenants in the office of the Register of Deeds of
Beaufort County, which amendment specifically exercises such right, on or before December 31,
2015, this right shall terminate.
No portion of Eagle Trace may be sold or conveyed by Declarant without being made subject
to the these Protective Covenants, and the amendment subjecting additional properties to the terms
and provisions of these Protective Covenants shall not change the following restrictions contained
herein. Amendments subjecting additional properties to the provisions ofthese Protective Covenants
may change and alter the terms, conditions and restrictions for those additional properties, however,
-3-

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T, 1
>3
E)CH BIT A APR, Q 4 7005
Being all of Lots 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 19, 20, 22, and WH-3,
together with that road designated as"Whitehurst Shores Road 4i0 pggtociOAAy DCM
way", and the proposed access road between lots 9 and 10 as set forth on a survey by
The East Group dated September 14, 2001, a copy of which is recorded in Plat
Cabinet F, Slide 92-1, Beaufort County Registry for a more complete reference.
And also being the same property more specifically described in two plats by The East Group,
dated June 24,2003,entitled"Eagle Trace Phase 1, Section 1", Sheets 1 and 2, and recorded
in Plat Cabinet G, Slide 21-6 and 21-7, Beaufort County Registry, and all of that property
described in a plat by The East Group dated July 2, 2003, entitled "Eagle Trace Phase 2,
Section 1"recorded in Plat Cabinet G, Slide 21-8 of the Beaufort County Registry for a more
complete reference; and,
Also being that property conveyed to Charleston Associates L.L.C. by deed recorded in
Book 1264, Page 133, Beaufort County Registry dated May 8, 2002, and deed recorded in
Book 1323, Page 873, Beaufort County Registry, dated May 6, 2003.
This property also includes the following tract of land more specifically described as follows:
BEGINNING at a point on the western right-of-way of NCSR 1100 (Core Point
Road), said point lying S O4-13-40 W 2717.80 feet from N.C.G.S. vertical control
monument"BEA 61 1987";thence N 45-10-08 W 5.72 feet to an existing iron stake;
thence N 45-15-46 W 536.78 feet to an existing iron stake; thence S 61-48-52 W
233.12 feet to an existing iron pipe; thence N 29-38-12 E 241.98 feet to a point;
thence S 72-36-59 E 227.60 feet to a point; thence along a curve to the right having
a chord bearing and distance of S 45-12-40 E 312.99 feet and a radius of 340.00 feet
to a point; thence along a curve to the left having a chord bearing and distance of S
34-20-35 E 159.39 feet and a radius of 280.00 feet to a.point; thence S 45-15-00 E
145.35 feet to a point; thence S 44-36-44 W 85.10 feet to the point and place of
beginning containing 2.25 acres more or less.
And also being the same property conveyed to Charleston Associates, L.L.C. by deed
recorded in Book 1335, Page 555, Beaufort County Registry, dated June 26, 2003.
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BX1 351nr., �? vu
the following may not be changed or altered, and all additional properties shall be subjected thereto
without exception:
1. All additional properties are limited to residential utilization (except for Amenities
located on properties not designated for construction thereon of Living Units).
2. The owner of each Lot and Living Unit shall be a mandatory member of the
Association.
3. The owner of each Lot and Living Unit must. pay dues and assessments to the
Association as specified within these Protective Covenants.
4. All Living Units must comply with the architectural standards and approval processes
established by these Protective Covenants.
5. The only permitted uses shall be Living Units, Amenities, utilities and appurtenant
structures reasonably necessary to allow proper use and enjoyment of the Living Units
and the Amenities. Amenities may include commercial uses reasonably appurtenant
thereto, and shall include any recreational structures or administrative structures
constructed by Declarant or the Association.
6. Amendments for additional properties shall include the required completion date of
any Amenity constructed thereon.
7. There shall be no alteration of any buffer, set-back or restriction imposed herein by
the Permit or by the State of North Carolina in accordance with its storm water
regulations.
ARTICLE II AP �00
DEFINITIONS
"Community" - a group of Lots and/or Living Units shaW68!hE fl JtynMM
characteristic, which Community shall be identified by reference in these Protective Covenants and
amendments hereto. Unless otherwise specified by an amendment to the Protective Covenants, all
single family Lots shall be deemed a part of a single family residential Community.
"Frontage" - the line of demarcation for all wetlands as designated on the plats referred to
herein, as well as the map that is attached hereto and incorporated by reference as Exhibit B.
-4-

"Living Units(s)" - a structure or part of a structure designed and constructed for utilization
by a single family,whether detached or attached to another Living Unit,whether located on a Lot or
located on a tract of land undivided into separate Lots. Where rights are granted to or obligations
imposed upon the owner of a"lot and/or Living Unit"the intent is to include the owner of each Lot,
whether or not a Living Unit is constructed thereon, as well as the owner of each Living Unit.
"Lot(s)" - any Lot designated for construction thereon of a residential Living Unit within
Eagle Trace, as shown on a recorded subdivision map of record in the Office of the Register ofDeeds
of Beaufort County, and any subsequently recorded maps for that property shown on Exhibit B for
which the final maps have not been recorded at the time of the filing of these Restrictive Covenants.
"Waterfront Lots." - all residential building sites that front on the Pamlico River.
ARTICLE III
RESTRICTIONS A P R
LIVING UNITS Mo r@h®ad City DCM
Lots may be improved only by the construction of one single family residential dwelling(the
"Living Unit"). No Living Unit may be leased or rented to a non-owner thereof for a rental term less
than one (1) month. Renters as well as owners must comply with all terms of these Covenants.
All Living Units must be"stick built" and constructed in accordance with standards for single
family homes in the North Carolina Uniform Residential Building Code, and county building codes
for waterfront property, notwithstanding whether or not such homes are constructed in whole or in
part on site. No home may be moved onto any Lot if such home has previously been occupied and
used as a Living Unit elsewhere. No modular homes shall be located on any Lot. No mobile homes
(home built in accordance with manufactured home standards imposed by the Federal Construction
and Safety Standards Act)or other structure designed for transportation on attached axles and wheels
shall be located on any Lot. No self-contained sewage system is allowed for any Lot or Living Unit.
For non-waterfront lots,the minimum square footage of heated,enclosed living space for each
approved Living Unit constructed thereon shall be 1,875 square feet for single-level homes;and 2200
square feet for two-level homes, a minimum of 1,200 square feet of such space being located on the
first living floor of the Living Unit.
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BY , 35 , c,272' B
For waterfront lots, the minimum square footage of heated, enclosed living space for each
approved Living Unit constructed thereon shall be 1,875 square feet for single-level homes;and 2400
square feet for two-level homes, a minimum of 1,300 square feet of such space being located on the
first living floor of the Living Unit.
Carports,garages,attics,porches,patios,decks and basements shall not be considered heated,
enclosed living space.
No detached garage, storage shed, or carport shall be permitted unless architecturally
compatible with the primary Living Unit to which it is appurtenant. No such structure shall be
constructed prior to the construction of the primary Living Unit on the Lot. No structure of a
temporary character,trailer,single wide mobile home,tent, shack, garage,barn, or other outbuilding
shall be used on any lot at any time as a residence either temporarily or permanently.
All Living Units must be connected to the County water system. All connection, tap-on or
other charges associated with such connection shall be paid by the owner of the Living Unit or Lot.
SIGNS
No sign shall be allowed on any Lot, except the following signs, which shall be allowed:
A. One (1) sign per Lot, no greater than six square feet in size, specifying the general
contractor actually constructing a Living Unit on such Lot. Such sign must be
removed upon issuance of a certificate of occupancy for the Living Unit;
One(1) sign per Lot or Living Unit identifying the property upon which such sign is
o placed only by the name of the owner and a street number. Such sign must be
f-u Q
-4 constructed at a size,and to specifications and styles,established by the Architectural
Ar
'' Control Committee, and must be located in a place specified by the Architectural
x �
Control Committee;
C
C. One(1) sign per Lot or Living Unit no greater than four(4) square feet in size which
s only the words"For Sale,"the name of the selling agen
include y t and the telephone
number of said agent. Said sign must be located a minimum of twenty(20)feet from
each street right-of-way. No such sign may be installed or erected (unless stating
"For Sale by Owner") until such time as the Lot or Living Unit has been listed by
written agreement for sale with the agent named thereon. Such sign must be removed
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1
within two (2)business days following closing of the sale of the Lot or Living Unit
listed by said agent;
D. Street or directional signs erected by Declarant or by the Association;
E. Any sign constructed by any governmental agency; and
F. Identification and informational signs constructed by Declarant,the purpose of which
is to assist Declarant in identifying the project and the location of Lots,Living Units,
sales offices, sales models,Amenities or other uses with Eagle Trace.
All permitted signs, except A, C and E shall be constructed of materials, style, colors and
location established and approved by the Architectural Committee which is established herein.
SETBACK AND SIDELINES• LOCATION OF IMPROVEMENTS
The Architectural Committee shall have complete authority to determine the appropriate
location of all improvements on each and every lot, except that no approval shall be required for the
location of any structure upon any Lot upon which a Living Unit or other structure is constructed by
Declarant. Suggested guidelines for sidelines and setbacks are 40 feet from any street right-of-way
or from any waterway; 30 feet from the rear lot line; and 10 feet from any side Lot line, however,
the Architectural Control Committee in its discretion, may vary from these suggested sidelines and
setbacks. The foregoing not withstanding, minimum sideline and setback restrictions are shown on
the plats referred to herein, and shall be adhered to. All setback and building restriction areas, and
allowable building areas, as shown on any recorded subdivision plat of any Community, shall be
incorporated herein by reference.
PATIOS DECKS BULK-HEADS AND PIERS
Patios, decks, overlooks and the utilization of other riparian rights by construction of
improvements or structures (including bulkheads) shall only be allowed after approval by the
Architectural Committee and all applicable governmental agencies, and no such structures will be
allowed unless said structures are compatible with similar or proposed improvements on other Lots,
and after a finding that the construction of such structures will not unduly interfere with the riparian
rights or reasonable property expectations of the owners of other Lots or Living Units within any
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6 1 3 5 1 P c 8
Community. The type of construction utilized for bulkheads may be controlled by the Architectural
Committee based on appearance, function and environmental engineering criteria.
llowed. Boat Dockage is only allowed in the marina.
No Single Family piers are a
gEIGHT OF STRUCTURES
The heights of structures shall be subject to approval of the Committee.
F RY AND SATELLITES
As used herein, "fence" shall include walls, barricades, shrubbery or other impediments to
reasonable mobility and visibility. Fences are subject to the complete jurisdiction of the Committee
including location, style,materials and height. Absent an extraordinary showing of need by the owner
of a Lot or Living Unit and a finding of same by the Committee, no fence shall be allowed along any
property line. The Committee may consider whether the construction of a fence upon a determination
that the fence is aesthetically pleasing, does not detract from the reasonable value of any Lot or
ants thereof, and does not unreasonably impede the
property, for the safety of the owners or occup
view of any water course or other attractive feature from any other property.
There will be a scenic easement on all waterfront lots to protect the river view. Therefore,
the Committee shall not approve any fence or shrubbery over three(3)feet tall in any location on the
side of houses located on any waterfront lots, and the same is prohibited by these Covenants.
No satellite receiving dish, radio antennae or other similar device over two fee in diameter
shall be allowed on any Lot.
BOATS TRAILERS AND TRUCKS
No boat,boat trailer,other trailer,camper, recreational vehicle,utility vehicle or truck(to the
extent that a truck is rated as a one and one quarter(l-114)ton truck or larger) shall be allowed
to
remain on any street, right-of-way, or on any Lot, or on any common property controlled by the
Association overnight unless it is enclosed within a garage that has been constructed inaccordance
with the provisions of these Protective Covenants,or is parked in an area owned by Declarant or the
Association designated specifically for such purpose, i.e., trailer parking facility.
ASSOCIATION MAY ADOPT ADDITIONAL RESTRICTIONS
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APR 0 4 2005
Morfanead pity DOM

The Association may adopt rules and regulations restricting the location of temporary or
permanent clotheslines,the number of vehicles that may be parked on any Lot,the number, type and
location of trash receptacles and trash receptacle enclosures, and the type and location of mailboxes.
OTHER ACTIVITIES OR RESTRICTIONS
No activity, whether active or passive, that is reasonably considered a nuisance by the
Association shall be allowed within the Community. This prohibition includes any activities within
any structure,on any Lot or on any street or common area. The Association is specifically authorized
by the foregoing paragraph of these Protective Covenants to adopt rules regarding conduct and use
of such properties; however, the Association may find any conduct or use of a Lot to be a nuisance
notwithstanding the fact that such conduct is not specifically prohibited by these Protective Covenants
or by an adopted rule. If any conduct is deemed by the Association to be a nuisance, and to the
extent that such conduct is not specifically prohibited by the provisions of these Protective Covenants
or by an adopted rule,the Association shall give written notice to the offending owner specifying the
nature of the nuisance, and requesting that such nuisance be terminated. If any nuisance is not
terminated within a reasonable time thereafter, the Association may pursue any legal or equitable
remedy, and may collect in any such action all attorney's fees and costs incurred.
No trade,commerce,business,or industrial undertaking or enterprise shall be carried on upon
any lots. No trade materials or inventories may be stored upon any lot and no tractor trailer type
trucks,house trailer(other than camping trailers)or mobile homes may be stored or regularly parked
on any lot.
Each lot shall be conveyed subject to drainage easements, utility easements, setbacks, street
right of ways, wetland and flood zone delineations, and all other matters depicted on the recorded
maps.
CAMA PERMIT RESTRICTIONS AND RIPARIAN RESTRICTIONS
Development: of Eagle Trace is governed in part by the provisions of the North Carolina
Coastal Management Act (the"Act"). In accordance with the Act, a major development permit has
been issued authorizing the development. As used herein, this permit, Major CAMA Development
Permit 1 C-03 (as amended from time to time) shall be referred to as the Permit. Nothing contained
herein shall prohibit or restrict in any way Declarant's right or ability, subject to approval by the State
D
APR 0 4 2005
Morehead City DCM

of North Carolina, to amend, modify or extend the Permit. No such amendment, modification or
extension shall, however, authorize any development or activity specifically prohibited by the
provisions of the Protective Covenants.
In accordance with the provisions of the permit, no land disturbing activity of any kind is or
shall be allowed, except as specifically authorized by the permit,below the ten(10)year flood plain
elevation of seven (7) feet. The permit authorizes no structure to be constructed within said flood
plain on any lot.
There is hereby created a conservation zone five feet in width along all Frontage measured
landward from frontage line as shown on Exhibit B and all recorded maps. Each property owner will
own the wetland area as shown on the aforesaid plats, Attachment B, and all subsequently recorded
final maps for lots 43-76. The foregoing notwithstanding, there is created and reserved to the State
of North Carolina, a perpetual easement in and for said wetlands area. Additionally, under no
condition may said wetlands area or conservation zone be disturbed or used for any purpose other
than as set forth herein. No structure may be constructed by any person or entity within such zone
except that a bulkhead may be constructed at the outermost edge of said zone, upon the issuance of
all required regulatory permits and upon approval by the Association. Complete plans and
specifications for construction or repair of any such bulkhead shall be submitted to the Association
by the person or entity desiring to construct such bulkhead a minimum of thirty (30) days prior to
commencement of construction. Said conservation zone shall also constitute an easement to the
Association for the purposes of ingress and egress to the Frontage to be utilized only in the event of
any emergency condition threatening life or property,and shall in no way be construed as permission
to the Association or its membership to utilize this easement for non-emergency access to the
Frontage. With the exception of access in times of emergency and the restrictions imposed upon the
utilization of such area contained herein, the owner of each Lot subjected to the conservation zone
and easement contained herein,unless otherwise limited by a provision of these Protective Covenants,
shall have complete ownership and control of such area.
GENERAL APPEARANCE
Each unimproved Lot shall be maintained in a sightly condition, comparable to the condition
r sale by Declarant. In order to ensure compliance with this
of unimproved Lots offered fo
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AVH 0 4 2005
Morehead City C)CM

requ irement the Declarant and/or the Association shall have the option to mow any unimproved lot
and to remove trash and debris located thereon. In the event that the Declarant or Association
to mow or clean any unimproved lot, the owner of each unimproved Lot shall be charged, and shall nature of dues
egoryof dues, collectable in th
pay to the Declarant or Association, as a special the e Protective Covenants, the sum of ONE
or an assessment as allowed in accordance with
HUNDRED Dollars($100.00)per year for those years in which such mowing has actually occurred.
Th
is fee shall also constitute a lien on the property enforceable according to the terms set forth
e actual
The Association may increase this amount sufficient to compensate the Association f caner.
increase in the per Lot cost of having this annual service performed on behalf of the o
PETS
nd shall be kept or maintained on any Lot or i upon
No animals,livestock,or poultry of any ki on
Living Unit, except that cats, dogs or small indoor pets will be allowed at Eagle Trace p
al
appli
cation to and approval by the Board of Directors of the Association which shall have the final
decision on any allowable pet or quantity of pets. The decision of the Board ofDii n ctoor general
of t
Association will be final and not subject to review by any court, the Association,
membership.
mercial
purposes, may not disturb or
No allowed animal may be kept or maintained for com ewalked on or allowed to go
annoy residents and may not be allowed to run free. If dogs or cats ar
onto
common areas, the owner must scoop animal waste and dispose of same in a trash container.
STETTS
ation has the authority to set rules regarding non-
The Board of Directors of the Associ d type of allowable vehicles.
licensed vehicle operation in reference to age of operator an
PEDESTRIAN EASEMENTS-
There is designated on the attached Exhibit B those easements that are included as recordedNature
al
Trails as further defined herein. Declarant reserves the right to identify,in subsequentlysuch right shall
maps for Lots 43-76, further Nature Trails, but the Declarants right to exeers nctive Covenants.
expire within eighteen (18) months from the.date of the recording of these h extent that any such
Such easements are for the benefit of the Association and its members.easement crosses the boundaries of any Lot,the owner of the Lot shall take ownership of said Lot
�Tq Ik
ANR 0 4 2005
Morehead City DCM

BK .1 Q51rt " ?
subject to said easement, and the owner of such Lot shall construct no structure nor conduct any
activity that reasonably impedes the free use of the Pedestrian Access System by those entitled to its
use. The Association shall adopt rules and regulations governing use of such nature Trails, and shall
maintain such in usable, clean and sanitary condition.
TREE REMOVAL
The Committee must give prior approval to the removal of any tree six inches or more in
diameter,measured one foot above normal ground elevation at the location of said tree,from any Lot
for the construction of any improvement or structure on any property subjected hereto in accordance
with the procedures described herein,except that no approval shall be required for tree removal from
any Lot upon which a Living Unit or other structure is constructed by Declarant.
ARTICLE IV
HOMEOWNER'S ASSOCIATION
In order to enforce the provisions of these Protective Covenants, including but not limited to
the architectural control standards established herein,in order to maintain Eagle Trace in a clean and
attractive condition, in order to own, manage and maintain certain of the Amenities as more fully
described hereinafter, and to further provide an organization for the benefit of the owner of each
Living Unit and Lot within Eagle Trace, Declarant has chartered a North Carolina non-profit
corporation named Eagle Trace Master Homeowners Association, Inc., (the Association). Every
person or entity who owns a Lot or Living Unit within Eagle Trace as described above, shall be a
member of the Association, provided, however that any such person or entity who holds such
ownership or interest merely as a security for the performance ofan obligation shall not be a member.
Membership shall be appurtenant to and may not be separated from ownership of any lot or residence
which is subject to assessment. Except as specified herein,the owner of each such lot or Living Unit
shall be obligated to pay dues and assessments to the Association for the benefit of the Association
and every owner within Eagle Trace. The organization and operation of the Association is described
in these Protective Covenants and in the By-Laws of the Association.
GENERAL PROVISIONS REGARDING ALL ASSESSMENTS
Assessments,whether annual and special,shall be for the purpose ofpromoting the recreation,
health, safety and welfare of the property owners, and in particular for the improvement of and the
mitt I?Ea
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Morehead City DCM

Bk1 ? 51PC393
maintenance of the facilities, amenities, and common areas. Further, the assessments shall be used
for the purpose of providing those services important to the development and preservation of an
attractive community appearance and for the privacy and general safety of all home sites including,
but not limited to the payment of taxes and insurance on the,common areas, landscaping, road
maintenance, facilities maintenance and improvements and security.
Each property owner,by acceptance of a conveyance of property within Eagle Trace,whether
or not it shall be expressed in any such deed or conveyance, covenants and agrees to pay:
1. Annual Assessments as set forth herein;
2. Special assessments for capital improvements or other purposes as set
forth herein, such assessments to be fixed, established and collected
from time-to-time as hereinafter provided.
The Association shall prepare and maintain a roster of all members and assessments applicable
thereto which shall be accessible to all members of the Association at all times by appointment.
Ifthe assessments,either annual or special,are not paid when due,then such assessments shall
become delinquent, and shall, together with such interest thereon and costs of collection thereof, as
hereinafter provided,become a continuing lien on the property. The Association may bring an action
ly obligated to pay the same or to foreclose the lien against the
at law against the owner personal
property according to the provisions of the North Carolina General Statutes.
The lien of the assessments provided for in this section shall be prior to and superior to all
other liens except only:
1. Ad valorem taxes.
n a first mortgage or deed of trust to secure debt of
2. All sums unpaid o
record. The sale or transfer of any lot shall not affect the assessment
lien; provided, however, that the sale or transfer of any lot pursuant
to the foreclosure of a first mortgage thereon shall extinguish the lien
of such assessments as to the payments thereof which become due
prior to such sale or transfer. No sale or transfer shall relieve such lot
owner from liability for any assessment thereafter becoming due or
from the lien thereof. 12
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Murehead pity UGM

Bn1351 .399
ANNUAL ASSESSMENTS
or Living Units shall be Five Hundred Dollars
Th
e initial annual assessment for all Lots
($500.00) per year, and may be increased as set forth further herein.The annual assessments for each
The fiscal year of the Association shall be the calendar year.
Lot or Living Unit shall be paid by January 1 of each calendar year.
nnual assessments provided for herein shall commence at the time each lot is conveyed
The a
Declarant to a property owner. Annual assessments shall be payable in advance. and shall in
ini
J
by Dec
adjusted where ownership is acquired during the year according to the number of days ran' close g.
the calendar year. Dues shall be payable to the Association by a Purchaser
to er/Declarant will not be required to pay assessments on any lots owned by Charleston
Deve p
Associates, LLC.
rty or multiple Lots to any builder/developer for the
If Declarant conveys un-subdivided prope
of constructing thereon homes or Living Units for resale:to a Buyer,dues for each
respective
said
purpose
lot are not payable by such builder/developer for a period of eighteen(18)months,d b the Builder at the
dues and assessments shall become payable by the Builder for each the Builder, as set forth herein,
ot to
expiration of 18 months from the date of conveyance t the with voting rights of one(1)
and at which time the Builder will become a member of the Association,ective eighteen month period. Once
vote per lot in the possession of Builder at the end of any
a Bpyer,whether the Living Unit thereon
the Lot or Living Unit is sold by the Builder/developersaid Buyer as set forth herein.
is completed or not, all dues shall then be payableof the annual assessments for any year,provided that
The Association may change the amount
°° of the voting members
any such change shall have the approval of not less that fifty percent (50/led for this purpose, and
of the Association voting whether in person or by proxy at a meeting duly cal P
wntten no
tice of which shall be sent to all members at least thirty(30) days in advance and shall set
forth the purpose of the meeting.
SPECIAL ASSESSMENTS le in an ear
In addition to the annual assessments authorized herein,the Association may in art the
a special assessment applicable to that year only, for the purpo
se of defraying in whole or P
construction or reconstruction, unexpected repair or replacement of a capital
costs of any co
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�x13 PC ; rS
improvement upon the common properties, provided that any such change shall have the approval
of not less that fifty percent (50%) of the voting members of the Association voting whether in
person or by proxy at a meeting duly called for this purpose, and written notice of which shall be sent
to all members at least thirty(30) days in advance and shall set forth the purpose of the meeting. A
special assessment may be made for any purpose for which expenditures are allowed in accordance
with this Declaration. The resolution approving a special assessment shall specify the date payable.
BOARD OF DIRECTORS
The Association shall be governed by a Board of Directors, selected in accordance with the
By-Laws of the Association, and the Association shall operate and do business in accordance with
the terms of its By-Laws. The Board of Directors of the Association shall select in accordance with
the By-Laws an Architectural Committee that shall have the duties set forth herein.
MEMBERSHIP
The owner or owners of every Lot or Living Unit shall be a voting member ofthe Association,
and shall be entitled to one(1)vote for each Lot or Living Unit owned. When more than one person
holds any ownership interest in any Lot or Living Unit, all such persons shall be members of the
Association, and the vote for such Lot or Living Unit shall be exercised as they determine, but in no
event shall more than one (1) vote be case with respect to any lot or residence. Even though
Declarant, is exempted from the payment of all assessments as set forth herein, Declarant shall be a
member of the Association and shall have one vote per lot owned by it.
RESPONSIBILITIES AND DUTIES OF ASSOCIATION
The Association shall at all times maintain in good,working condition all street lights or area
lights constructed within any Community and constructed for common benefit, to the extent such
street lights or area lights are not owned and/or maintained by a public utility. The Association shall
further have the responsibility ofmaintaining a sightly appearance along all street rights-of-way,utility
easements adjacent thereto and pedestrian access ways.
The Association shall have the responsibility of maintaining in good condition all Amenities
when and if conveyed to the Association in accordance with the provisions of these Protective
Covenants,and thereafter shall be responsible for adopting rules and regulations governing utilization
of such Amenities (subject to the limitations contained herein). To the extent deeded to the
Mfg
Z110
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Morehead City DCM

SKI 3 5 ? pu 9 G
Association,the Association shall be obligated to accept ownership of all Amenity areas designated
on any recorded subdivision plat of any portion of Eagle Trace made subject to the terms and
provisions ofthese Protective Covenants. As more fully described hereinafter,Declarant may convey
to the Association the Marina, the Trailer Parking Facility and the Pedestrian Access System or any
other amenity constructed by it on common property.
To the extent necessary, the Association may employ personnel necessary to perform its
obligations, or needed to benefit the owners of Lots and Living Units within Eagle Trace. The
Association shall have the obligation to provide for itself and for the benefit of each owner all
necessary professional services to promote the proper maintenance of all Amenities and to provide
the smooth,proper and legal administration of the Association. These services may include services
r
of an engineer, lawyer, accountant or other professional. The Association is specifically authorized
to provide such other incidental services for the benefit of Eagle Trace and in the management of the
Association as deemed reasonably necessary by the Board of Directors of the Association. The
Association shall maintain common properties as warranted by Declarant in any amendment to these
Protective Covenants.
The Association shall have the optional authority to provide any service it believes desirable,
including, but not limited to cable television, waste collection or utility service. Such services may
be provided by the Association directly,by a subsidiary owned by the Association or by contract with
a third party. Assessments may be collected to pay for the provision of such services. Such services
must be for the benefit of owners of Lots or Living Units.
The Association need not maintain a capital reserve fund for street replacement if the State
of North Carolina assumes maintenance responsibilities for all streets at or soon after the time of
relinquishment of such maintenance by Declarant. Reserve funds for Amenities need not be
maintained until such time as an Amenity is constructed and conveyed to the Association. Following
such construction and conveyance,the Association shall maintain reasonable reserves for replacement
of depreciable tangible assets, including but not limited to buildings, structures and parking areas.
Reserves shall be maintained based on an estimation of the life of an asset, and may, at the discretion
of the Board of Directors, be based on estimated replacement cost utilizing current values as of the
date of the then budget year. The Board of Directors of the Association shall not be liable to any
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APR 0 4 2005
Morenaad City DCM

gn1351PG3 n 7
owner or to any third party for failure to maintain adequate reserves to the extent that said Board:of
Directors in good faith attempts to comply with the reserve obligations contained within these
Protective covenants, notwithstanding the fact that a significant expenditure is required in a greater
amount or at an earlier date than had been reasonably anticipated. Declarant, at time of conveyance
of Amenities to the Association, shall convey the Amenities in good and usable condition;however,
such Amenities need not be"like new."
ARTICLE V
AMENITIES
It is the plan and intent ofDeclarant to construct certain recreational amenities for the primary
benefit of owners within Eagle Trace. As more fully described within these Protective Covenants,
these amenities are referenced herein as follows and are shown on the attached Exhibit B:
A. MARINA: All piling and decking water ward of the high water mark or water ward
edge of any bulkhead, to the extent constructed to create or provide access to boat
slips and further including the boat slips themselves, and all other public trust area
within the perimeter of the outermost decking. The definition of"Marina" does pot
include the boat slips themselves.
B. NATURE TRAILS: Unpaved but designated pathways for general pedestrian
utilization, including Boardwalk.
C. BOAT STORAGE AREA: A common area designated for use by owners in parking
boats, recreational trailers, and others trailers not allowed to be parked on a L9t or
at a Living Unit.
D. RECREATION AREA AND COMMUNITY SHELTER: As shown on attached
Exhibit B and all recorded maps and plats. i
AMENITY UTILIZATION
The common property referred to above shall be for the use and benefit of all the property
owners in Eagle Trace. However the Declarant, its successors and assigns, shall have a permanent
and perpetual easement upon the common areas as set forth herein until all properties owned by the
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its successors and assigns, have been sold and/or transferred or until the common areas
Declarants,
have been conveyed to the Association.
Owners shall have the right, as long as such owner is current on the payment of dues and
assessments due and payable to the Association,to utilize the Nature Trails,the Boat Storage Area,
the Marina, and every other park or common area as shown on the recorded plat of any Community
or Exhibit B. The owner of each Lot or Living Unit shall have no direct ownership in any of s
uch
amenities; actual ownership of all of those designated amenities remains with the Declarant,and shall
be conveyed by Declarant to the Association following completion of construction of such amenities,
as specified hereinafter.
Furthermore, the Association has no vested right or easement,prescriptive or otherwise, or
any ownership interest in the amenities until such time as it is conveyed to the Association in whole
or in part. Utilization of the amenities will be offered by Declarant or its successor in ownership,
in
accordance with such terms and conditions as established from time to time in the sole discretion of
the Declarant or its successors in ownership.
Nothing contained herein shall prohibit or restrict the utilization of some or all ofthe amenities
by users not owning property within Eagle Trace. Such right of utilization of Amenities by non-
property owners within Eagle Trace shall be governed by the provisions of these es Protective
Covenants, and by rules and regulations adopted by Declarant and/or the owner of such
from time to time. To the extent that the Marina is ultimately conveyed to the Association, the
Association shall be entitled to all rights reserved to Declarant or its successors and assigns herein,
and the Association shall specifically have the right to require the payment of dues,fees or rentals for
use of the Marina
BOAT SLIPS
Ownership of the Boat Slips within the Marina remains with the Declarant and individual boat
Slips will be made available for lease or sale,to owners of Lots or Living Units with in the Community
on terms made available by the Declarant. The owner of each Lot and Living Unit acknowledges
that,by purchasing or paying for a Lot or Living Unit,or by acquiring membership in the Association,
said owner does not acquire any vested right or easement, prescriptive or otherwise, or entitlement,
to use, purchase, or lease of the boat slips. d F
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ARTICLE VI
ARCHITECTURAL COMMITTEE
There shall be established as a committee of the Association an Architectural Control
Committee ("Committee"). The Committee has adopted building guidelines for utilization and
evaluation of proposed landscaping or construction plans. In addition,the following restrictions shall
apply:
SUBMITTAL OF PLANS
At least thirty (30) days prior to the anticipated commencement of any landscaping or
construction of any structure or improvement on any Lot, the owner of such Lot (or his duly
appointed agent) shall submit to the Chairman of the Committee a survey of the Lot, which survey
shall show each Lot corner. There shall further be shown on said survey the proposed location of all
proposed and existing structures or improvements,including driveways,bulkheads,patios,decks and
walkways, and further including a specific delineation of the proposed location of all improvements
that will result in the creation of impervious surfaces as defined by the Division of Environmental
Management of the State of North Carolina in accordance with the North Carolina Coastal
Stormwater Regulations. There shall further be provided to the Committee sufficient building
elevations and landscape plans, including a statement of exterior building materials and proposed
exterior colors, to allow the Committee to appropriately and accurately evaluate what is proposed
for construction on the Lot. The location of any proposed well shall also be identified.
Specifications for toilets and showerheads shall be included with the submission of any plans which
contemplate installation of improvements utilizing such fixtures. The survey,building elevations and
landscape plans shall be of professional quality. There shall be submitted two copies of all
information required to be submitted.
DISCLOSURE OF CONTRACTOR
The owner of each Lot shall notify the Committee of the identity of the contractor proposed
for construction of any improvement with a reasonable construction cost of Ten Thousand Dollars
($10,000.00) or more. The owner of each Lot shall include with the name of the contractor a
statement as to the classification of contractor's license held by such contractor and the address and
telephone number of the contractor. This information shall be submitted mittee at time
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of submission of plans,if such information is available at that time; if the information is not available
at that time, the information shall be submitted to the Committee at least thirty (30) days prior to
commencement of construction. No Living Unit may be constructed by the owner of a lot unless said
owner holds a valid contractor's license applicable to such structure.
STANDARDS FOR APPROVAL
Within thirty(30)days after receipt of all required information,the Committee shall notify in
writing the owner of the Lot whether or not the Contractor and/or improvements are approved. The
Committee may approve, deny, modify, approve with conditions, or request additional information.
A request for additional information shall be deemed a determination that the information submitted
was insufficient for the Committee to make a determination thereof, and the thirty(30) day time for
response shall not begin until receipt of all requested additional information. If approval with
conditions is granted and construction then begins, the owner shall be deemed to have approved all
conditions imposed, and waives the right to request that the conditions not be imposed. Unless a
response is given by the Committee within thirty(30)days,the Contractor and/or improvements shall
be deemed approved.
Once all required information is submitted,the Committee shall make the following findings:
1, That the improvements sought to be constructed will not have negative economic
impact on any other property within Eagle Trace;
2. That all required specific building standards and other conditions contained with the
Protective Covenants and other applicable legal documents have been met;
3. That the improvements are architecturally compatible with proposed or constructed
improvements on other properties within the applicable Community;
4. That the natural features of the Lot have been retained to the maximum extent
feasible;
n situated on the Lot within the required setbacks;
5. That the improvements have bee
and
6. That the impervious surface limitation coverage proposed on each Lot is consistent
with the requirements of the Division of Environmental Management Coastal Storm
r.= 12 12t
Water Regulations. �� c
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The foregoing notwithstanding, approval of any plans or selected contractor shall not be
deemed to be a certification or warranty in any manner of either the plans or the contractors by the
Association.
RIGHT OF APPEAL
Any owner disagreeing with the finding of the Committee may appeal the decision to the
Board of Directors of the Association by giving written notice of appeal to the President of the
Association with fifteen (15) days following receipt of notice of denial, modification, or imposition
of conditions. The Board of Directors of the Association shall then review the plans, giving the
Chairman of the Committee the opportunity to present to the Board of Directors of the Association
specific reasons why the plans were denied, modified or conditions imposed thereon, in the presence
of the owner or his agent, and the owner or his agent may present information challenging the
findings of the Committee. The decision of the Committee shall only be overridden by 2/3 vote of
the Board of Directors of the Association.
NOTICES
All notices required to be given herein shall be given in writing, hand-delivered or mailed
postage prepaid, return receipt requested, and the Committee shall be obligated to specify the
particular grounds upon which denial of any application is founded. One set of plans, denoted as
approved (or approved with specified conditions) shall be retained by the Architectural Control
Committee and the other shall be returned to the applicant.
DECLARANT'S RESERVATION OF RIGHTS
Notwithstanding any provision to the contrary contained within these Protective Covenants,
Declarant reserves unto itself all rights and obligations assigned by these Protective Covenants to the
Committee until the earlier of the following:
1. Assignment of such responsibilities to the Association by written instrument, which
instrument shall be recorded in the Office of the Register of Deeds of Beaufort; or
2. The Association membership meeting at which the majority of the Board of Directors
of the Association are selected by vote of members of the Association.
SI
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ARTICLE VII
STREETS
Declarant shall construct all streets within each Community to standards specified by the State
of North Carolina for residential streets. The State of North Carolina, in accordance with policies
in effect at the time of the recordation of these Protective Covenants, accepts for maintenance
purposes streets so constructed upon achievement of a State specified density of construction along
said street. Declarant shall maintain such streets to standards imposed by the State ofNorth Carolina
until the earlier of the following:
1. Completion of its development obligations in Phase I as to streets is Phase I and in
Phase II as to streets in Phase II, which shall mean complete construction of all
proposed streets and roads within each Phase, and completion of all Amenities
required by these Protective Covenants to be constructed within such Phase; or
2. Acceptance by the State of North Carolina of maintenance responsibilities for such
street.
The Association shall be obligated to accept conveyance of such streets upon tender of a deed
therefore by Declarant, if said deed is tendered at a time allowed by these Protective Covenants, and
if such tender is accompanied by a statement from an authorized representative of the Department
of Transportation of the State of North Carolina which affirmatively indicates that the condition of
the street and its right-of-way meet standards established by the State of North Carolina, assuming
proper density of home construction,for the State to accept maintenance of such street and right-of-
way.
ARTICLE VIII
ENFORCEMENT
These Protective Covenants, including any amendment hereto, may be enforced by any
individual Lot or Living Unit owner;by the Association,upon approval by its Board of Directors; or
by Declarant,as long as Declarant owns any property within Eagle Trace. Appropriate remedies shall
include, but are not limited to, specific performance. The owner of any Lot or Living Unit, in any
action to enforce these Protective Covenants, including any action to collect assessments, either
regular or special, or to foreclose upon any real property for non-paMm.e,.rtt of uch assessment,s all
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p also be responsible for all costs associated with said collection, including court costs and reasonable
attorney's fees,which shall be collectable as an additional continuing assessment. In addition,interest
at the rate of eighteen percent (18%) per annum shall be collected from the due date of any
assessment, until the assessment is paid in full or a judgment obtained thereon.
ARTICLE IX
AMENDMENTS
These Protective Covenants shall continue in full force and effect until 12:00 noon on January
1, 2015 at which time they shall automatically extend for additional successive periods of ten (10)
years,unless a document terminating or modifying these Protective Covenants is recorded prior to
any renewal date in the office of the Register of Deeds of Beaufort County, which amendment shall
require a vote of approval of sixty-seven percent (67%) of the Lots and Living Units subjected to
these Protective Covenants(including any amendments hereto). No amendment shall alter the rights
or obligations of Declarant without Declarant's written consent. No amendment shall become
effective until recorded in the Office of the Register of Deeds of Beaufort County.
ARTICLE X
BINDING EFFECT
All covenants,restrictions, reservations, easements and privileges contained herein shall run
with the land and the grantee, by accepting any deed to any portion of such land subjected he s for
accepts the same subject to these Protective Covenants and its terms and conditions and agree
himself,his heirs,successors and assigns,to be fully bound by each and all of the terms and conditions
of these Protective Covenants,jointly, separately, and severally.
ARTICLE XI
RESERVATIONS OF RIGHTS.
Declarant hereby reserves the right to utilize all streets and roads within each Community for
purposes of ingress and egress to properties within Eagle Trace owned by it, or for purposes of b
providing access to other contiguous properties owned by it. This right shall be assignable y
Declarant to successors in interest to it of properties described on Exhibits A and B. Any utility
easements reserved as shown on any recorded plat(and all roadways shall be deemed for this purpose
a utility easement) shall be available for utilization by Declarant, authorized utility companies or by
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the owner of any Lot or Living Unit within Eagle Trace, for purposes of providing utility services or
necessary drainage,but as to Lot or Living Unit owners,only upon approval of the Association,riven
by its Board of Directors.
ARTICLE XII
SUBDIVISION OF EXITING LOTS
After Declarants or their successors or assigns have conveyed individual lots out of the real
property described in Article I, no such lots shall be thereafter subdivided except to enlarge an
adjoining lot, but any lot so enlarged cannot be improved with more than one single-family dwelling.
ARTICLE XIII
UTILITY EASEMENTS.
Declarant reserved a utility,drainage and maintenance easement running parallel to each street
a width of 10 feet. Declarant may convey this easement and the rights thereunder to the Association.
ARTICLE XIV
MINOR AMENDMENT.
Declarant,or its successors or assigns,shall be allowed to amend these Protective Covendnts,
notwithstanding any other provision contained herein, and without joinder of any other party,for:the
purpose of correcting any discovered error contained herein, clarifying any ambiguity contained
herein, or adding or deleting any incidental provisions deemed in the sole discretion of Declarant to
be in the best interest of Eagle Trace, and the owners therein. This right may be exercised, and shall
be effective, only upon the recordation of a"Corrected Declaration" in the office of the Register of
Deeds of Beaufort County, which Corrected Declaration shall specifically reference this document,
and the provision impacted.
ARTICLE XV
ENFORCEMENT I
If the parties hereto, or any of them or their heirs, successors, or assigns, shall violate or
attempt to violate any of the covenants herein, it shall be lawful for any other person or persons
owning lots to prosecute any proceedings at law or in equity against the person or persons violating
or attempting to violate any such covenant, and either to prevent it, her, him, or them from so doing,
r
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and/or to recover damages of other dues for such violation, except the Declarants are specifically
excluded from liability for monetary damages.
ARTICLE XVI
INVALIDATION
Invalidation of any one of these covenants or any part thereofby judgment or court order-shall
in no wise affect any of the other provisions which shall remain in full force and effect, and the failure
of any person or persons to take action to restrain the violation of any of these covenants and
restrictions shall not prevent the enforcement of such covenant or covenants in the future.
(Rest of page intentionally left blank.)
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t
I TNESS WHEREOF,Declarant has caused this instrument to be executed,this day of
12003
DECLARANT:
CHARLESTON ASSOCIATES,L.L.0
a EAGLE TRACE PROPEIzTII ,S,L.L.C.
u er the assume a gl race Properties
S
BY: CHARLES E.SMITH,MEMBER/MANAGER
NORTH CAROLINA
BEAUFORT COUNTY
I, Notary Public, certify that CHARLES E. SMITH personally
came before me this day a acknowledged that he is a member and manager of CHARLESTON
ASSOCIATES, L.L.C., a Maryland limited liability company, dointD
g business in North Carolina as Eagle
Trace Properties, L.L.C. and acknowledged the due execution of the foregoing document by authority
duly given on behalf of the company. �
Witness my hand and official seal, this the_��day of �,200.
NOTARY PUBLIC
My commission expires
pFFICIAL SEAL" ,
Public,North Carolina
Notary
County of Beaufort
s' YswA:gf Ranee sing►eton
M Commission Expires 6129I2005
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