20021201 Ver 1_COMPLETE FILE_20020730

W A r? Michael F. Easley, Governor
OF
R
O't QG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
r Alan W. Klimek, P.E. Director
Division of Water Quality

Craven County
C/o Robert M. Chiles
406 Craven St.
New Bern, NC, 28560
APPROVAL of 401 Water Quality Certification with Additional Condition
Dear Mr. Chiles:
September 6, 2002
DWQ# 02-1201
Craven County
You have our approval, in accordance with the attached conditions, to usurp and shade 0.06 acre of non-vegetated wetlands in
order to construct a dock with two stepdowns, two shelters, parking area, and boat launch adjacent to Brices Creek in Craven County, as
described in your application received by the Division of Water Quality on July 30, 2002. After reviewing your application, we have
determined that this fill is covered by General Water Quality Certification Number 3371, which can be downloaded from our web site at
http•//h2o.enr.state.nc.uS/ncwetlands . This Certification allows you to use your CAMA Permit when issued by the NC Division of Coastal
Management. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not
limited to). Sediment and Erosion Control, Non-Discharge, Water Supply Watershed and U.S. Coast Guard regulations. Also this approval
will expire when the accompanying CAMA Permit expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application. If you change your project, you
must notify us in writing and you may be required to send us a new application for a new certification. If the property is sold, the new
owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total
wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC
2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification and the additional condition
listed below:
1. You are required to return the attached Certification of Completion form to notify DWQ when all work included in the 401
Certification has been completed.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60
days of the date that you receive this letter. To ask for a hearing, send a written petition conforming to Chapter 1508 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 Tom Steffens or Deborah Sawyer in our Washington Regional Office at [phone] or Cyndi Karoly in
our Central Office in Raleigh at [phone].
AW K/cbk
Attachments
cc: Corps of Engineers Washington Field Office
Washington DWQ Regional Office
Central Files
File Copy
Doug Huggett
Robert Chiles,P.O. Box 3496, New Bern, NC, 28564
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 [phone]

021201
OFS
Customer Service
1 800 623-7748
MEMORANDUM
TO: John Dorney
Non-Discharge Branch
Regional Contact: tom steffens
WQ Supervisor: Roger Thorpe
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Craven County County Craven
Project Number 02 1201 County2
Recvd From DCM Region Washington
Received Date 7/30/02 Recvd By Region
Project Type dock
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream' Class Acres Feet ' - -
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
LAMA ? O YO N F- 27-101-40- F-CSwNSW 30,410. 6_63F_ F_ F-
Mitigation Wetland
MitigationType Type Acres Feet

Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y O N Recommendation: O Issue 0 Issue/fond 0 Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
Issue n/c
cc: Regional Office
Central Office Page Number 1

Development Type FEE DCM % DWQ
%
(143001 601 4351000931625 62531 (24300 1602 43510
0095 2341)
1. Private, non-commercial
development that does not involve 5250 100% (5250) 0%($0)
the filling or excavation of any
wetlands or open water areas:

II. Public or commercial development
that does not involve the filling or $400 100%($400)
0°/e(SO)
excavation of any wetlands or open
water areas:
Ill. For development that involves the
Filling and/or excavation of up to 1
acre of wetlands and/or open water
areas, determine if A, B, C, or D
below applies:
III(A). For Private, non-commensal
development, If General water Quality

Certification No.3301 (see attached) S250 100%(S250) 0%(SO)
can be applied:
III(B): For public or commercial
development, if General water Quality $400 100%($400)
0%(SO)
Certification No.3301 (see attached)
can be applied:
III(C). If General Water Quality
Certification No. 3301 (see attached)
could be applied, but DCM staff
determined that additional review and 5400 60% (5240) 40%($160)
written DWQ concurrence is needed
because of concerns related to wdter
quality or aquatic life:
III(D). If General Water Quality
Certification No. 3301 (see attached) $400 60%(S240) 40%(S160)
can not be applied:
IV. For development that involves
the filling and/or excavation of more $475

than one acre of wetlands and/or 60%(S285) 40%
(5190)
open water areas:
C
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
I. APPLICANT'S NAME: Craven County
PROJECT NAME: Creekside Park
2. LOCATION OF PROJECT SITE: Craven County, off NCSR1111 at 1765 Old Airport Rd on Brices Creek
near New Bern
Photo Index - 2000: 210-848 C18 1995: Not Available
State Plane Coordinates - X: 2,584,200 Y: 480,200
New Bern Quadrangle Lower Left
GPS File # M070918B
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 9 July 2002
Was Applicant Present - No
5. PROCESSING PROCEDURE: Application Received - 19 June 2002
Office - Morehead City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Craven County
Land Classification From LUP - Urban Transition (Land), Conservation (Water)
(B) AEC(s) Involved: PTA, CS
(C) Water Dependent: Yes
(D) Intended Use: Public
(E) Wastewater Treatment: Existing - Municipal
Planned - N/A
(F) Type of Structures: Existing - Public
Planned - N/A
(G) Estimated Annual Rate of Erosion: None
Source - Applicant
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
(B) Non-Vegetated Wetlands
Creek Bottom
(? 2,440 ft2 Usurped,
2,440 ft2
Shaded
(C) Other 25,000 ft2
Uplands Filled and graded
(D) Total Area Disturbed: 27,440 ft` 0.63 ac
(E) Primary Nursery Area: No
(F) Water Classification: C SW NSW Open: No
8. PROJECT SUMMARY: Proposes to construct a 400' x 6' dock parallel to shore, two 2' x12' stepdowns, two
shelters, a parking area, and a canoe and kayak launch adjacent to Brices Creek.
Craven County
Creekside Park
Project Setting
The applicant owns a 110 acre parcel of land adjacent to Brices Creek near New Bern in
Craven County, North Carolina. The property is located off NCSR 1111 at 1765 Old Airport Rd. The
site is a developed county park with several baseball and soccer fields. There is a playground, some
picnic shelters and a bathroom facility on the property also. A walking trail leads from an existing
gravel parking area, through a wooded area to the shore of Brices Creek. The park property is
vegetated with various upland grasses at the athletic fields. Pine trees, oaks, sweetgum, dogwood and
maple trees dominate the wooded area. The shoreline is a red clay escarpment approximately 10'
high along the creek. At some time in the past, a 12' wide sloped area was cut in the escarpment, and
this area was used by the public to launch small boats Elevation of the property is 15' above the
normal water level. The water is 6' deep at the end of the proposed structure. Brices Creek is a
winding, darkwater creek, approximately 150' wide at the project site. It is bordered by single family
residential developments along most of its length.
The property is on the north shore of Brices Creek in a commercial area adjacent to the
Craven Regional Airport. The airport property is wooded immediately adjacent to the park, and there
is a 300 ft wide grassed area between the runway and the wooded area. No shoreline stabilization
measures have been installed at on the airport property.
The road leading to the park entrance is passes through a single family residential area that
transitions into a commercial area. An auto repair store, batting cages, and a marine contractor's
business are among the commercial development in the area.
At this location, Brices Creek is classified C SW NSW by the Environmental Management
Commission. The property is located in the Neuse River Basin. The waters are closed to the
harvesting of shellfish.
Project Description
The applicant proposes to construct a 6'x400' wooden dock adjacent to the shoreline. They
also proposed to construct two 2' x 12' finger piers, two shelters, a parking area, and a canoe and
kayak launch.
Anticipated Impacts
The project as proposed would impact 27,440 ff. The dock and finger piers would usurp
2,444 square feet of creek bottom, all of which would be shaded. Short-term localized turbidity
would result from construction.
Tracey L. Wheeler - 22 July 2002

APPLICATION
1. APPLICANT
a. Landowner.
Name , Craven County
Address 406 Craven Street
City New Bern, State N.C.
Zip 28560 Day Phone [phone]
Fax [phone]
b. Authorized Agent:
Y'
Name Robert M. Chiles, P.E.
Engineers Consultants marine rv.
Address P. 0. Box 3496
City New Bern State N . C.
Zip 28564 Day Phone [phone]
Fax [phone]
c. Project name (if any) Creekside Park
NOM: Fera:r will be iaazd in name of Irnsdawner(x), =%d/or
projc= name.
2• LOCATION OF PROPOSED
PROJECT
a. Counry even
(To be ?cotnpleL?d ii-'appT
Nec
COZNSTAL
town, community or landmark
Bern
c. Stream address or secondary road number
1765 Old Airport Road
d. Is proposed work within city limits or plannkr
jurisdiction? Yes X No
e. Name of body of wa.er nearest project (e.g. river,
creek, sound, bav) Brices Creek
3. DESCRIPTION Ah7D PL_LNNED USE
OF PROPOSED PROJECT
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, any
excavation and/or Mina activities.
Pier/dock & access board walks
b. Is the proposed acavity maintenance of an existing
projec-, new work, or both? New Work
c. Will the R5c be fbr public, private or commercial
d. Give a brief desc.-iption of purpose, use, methods of
construction and dairy operations of proposed
proiect. If more space is needed, please attach
additional pages.
See Narrative t
JUL-17-02 WED 9:54 AM ROBERT M CHILES P.E.
4..4: C. ...1 :? x:.17' .,A L.74'...•
4. LAND AND WATER _
CHARACTERISTICS
a. Size of entire tract 110 ; Acre s
b. Size of individual lot(s) N/A
C_ Approximate elevation of tract above MHW or
NWL + 15
d. Soil type(s) and texture(s) of tract
Sandy Loamy Clay
e. Vegetation= tract Wooded
f. Man-made features now on tract
Recreational Park
g. What is the CAMA Land Use Plan land
classification of the site? (Co m=l: zL- toot Ied ?e pIQ )
Conservation - Transitional
Developed Community
x ----
Other
h. How is the tract zoned by local government?
Not Zoned
i. Is the proposed proj= consistent with the applicable
zoning? X Yes No
(An=i mrsirtg mnVz&=nM. crsipcre, ?appu"?[eJ
j_ Has a professional archaeological assessment been
done for the tract? _ Yes X No
If yes, by whom?
k. Is the project located in a National Registered
historic District or does it involve a National
Reamer listed or eligible property?
Yes X No
I- Axe there wetlands on the site? x
Yes .`. No
Coastal (marsh) Other x
If yes, has a delineation been conducted Yes
` (Ahem doauaa,raaa,t' f a?alableJ
FAX NO. 2526373100 P. 2
m. Describe existing wastewater treatme:st facilities.
Murti'cipal Sewer
-------------
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industrial/commercial eriluent, 'wash
down' and residential discharges.)
Surface Runoff
o. Describe existing drinking water supply source.
Municipal Water
5. ADDITIONAL MTORMAT'ION
In addition to the completed application form, the
following items must be subauittw:
A copy of the deed (with smte application only) or
other insarument under which the applicant claims titre
to the affected properties. If the applicant is not
claiming to be the owner of said property, then
farward a copy of the deed or other instrument under
which the owner claims title, plus wrinen permission
from the owner to carry out the project.
An acruaate, dated work plat ('including plan view
and cross-sectional drawings) drawn to scale in black
ink on an 8 'l/Z` by II' white paper. (Refer to
Cow Resources Commission Rule 71.0203 for a
deed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
pry or other larger plats are acceptable only if an
adequate number of quality copies an provided by
applicant- (Contact the U.S. Army Corps of
Engineers g that agency's use of large-
drawings.) A site or location map is a part of plat
requirements and it must be sufficiently detailed to
guide agency personnel untamuniar with the area to the
fin?
MAY-14-02 TUE 10:30 AM ROBERT M CHILES P,E,
-Form ACM-MP-I
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
• A Stormwater Certification, if one is necessary.
FAX NO, 2526373100
P. 2
gn(12 1 i
., l
6. CE TI 9-A17, ON AND PEKNESSIO?N
} r' -TO tl -R-ON LAND
• A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of the application and plats
by certified mail. Such landowners must be advised
that they have 30 days in which W submit comments
on the proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice h ern gr
vided.
Craven County Regionaispirpr
Name Mr. John Price
Address _P_ o.-Box 1425, New Bern, N . C . 28563
Phone
Name Elizabeth S. Raberle
Address P.O. Box ovina en er, 40
Phone
Name
Address
Phone
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permitter, and issuing dates.
Sbe attached property information
• A check for $250 made payable to the Depatanent of
Environment, Health, and Natural • Resources
(DEHNR) to cover the costs of processing the
application.
• A signed AEC hazard notice for projee*.s in
oceanfront and inlet areas.
• A statement of compliance with the N.C.
Environmental policy Act (N.C.G.S. 113A - 1 to
10) If the project involves the apenditure of public
funds or use of public lands, attach a statement
documenting compliance with the North Carolina
Environtental Policy Act.
I understand that any permit issued in response to this
application will allow only the development described in
the application. Tire project wfll be subject to coaditior'`_
and restrictions contained in the permit.
I ccttify that to the best of my knowledge, the propose;:
activity complies with the State of North Carolina's
approved Coastal Management Program and will be
conducted in a manner consistent with such program.
I certify that I am authorized to grant, and do in faa,
grant permission to representatives of state and federal
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.
I further cr:tiry that the information provided in this
application is truthful to the best of my knowledge.
This is the 15 day of May , 1q__2 0 0 2
Print Name Craven Coarndty Manage
L?
Signature
Lcu owner or Audwrized Agm,
Please indicate attachments pe ;Meting to your proposed
project.
DCM MP-2 Excavation and Fill Information
X DCM MP-3 Upland Development
X DCM MP-4 Structures Information
DCM MP-5 Bridges and Culverts
DCM MP-b Marina Development
NOTE; Please sign and date each artadunent in the
space provided at the borrom of each form.
400 copies of this public document were printed at a total cost of 552.48 or S .13 per copy.
MAY-14-02 TUE 1031 AM ROBERT M CHILES P. E. FAX NO. 2526373100 P. 3
STRUCTURE
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-1. Be sure to complete all
other sections of the Joint Application which relate to
this proposed project.
a. Dock(s) and/or Pier(s) A
(1) __.- Commercial X Community _ Private
(2) Number 1
(3) Length 400' ^
(4) Width 61
(5) Finger Piers Yes X No
(1) Number
(ii) Length
(iii) Width
(6) Platform(s) X Yes No
(i) Number 2
(ii) Length 121
r
(iii) Wldrh 2
(7) Number of slips proposed -0-
(8) Proximity of stntcrure to adjacent riparian
property lines 125' & 3251
(9) Width of water bodv _ 150' Ava.
(10) Water depth at wtarward end of pier at
MLW or NVL 51
b. Boath ouse (including covered lifts)

(1) N/A
Commercial Private
(2) Length
(3) Width
c. Groin (e.g. wood, sheerpile, etc.)
(1) Number _ N/A
(2) Length(s)
d. Breakwater (e.g. wood, shr.°-:pile, etc.)
(I) Length N/A
('-) Average distance from MHW, NWL or
wetlands
(3) Maximum distance beyond MHW, NWL or
wetlands r
S-----,2 - - __ , ____
f JU ('. 1 ., 2002 1
2 ?
e. Mooring buoys N/A

(1) - Commercial ..-_Community ____ Private
(2) Number '
(3) Description of buoy
(Color, inscription, size, anchor, etc.)
(4) Width of water body
(5) Distance buoy(s) to be placed beyond
shoreline
f. Mooring stricture (boadift, mooring pilings, etc.) N/A
(1) - Commercial -Community Private
(2) Number
(3) Leng-uh
(4) Width
g. Other (Give complete desm rion)
Creekside Park
Applicant or Proifict. e r
r
Slgnaturt -'-
Mav 15, 2002
Date
Rrvised 03195
MAY=14-02 TUE 10:32 AM ROBERT M CHILES P.E. FAX NO. 2526373100
Form DCM-MP-3
UPLAND
DEVELOPMEN
(Construction and/or land disturbing activities) 2,9192
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-I. Be sure to complete all
other sections of the Joint Application that relate to this
proposed project.
a. Type and number of buildings, facilities, units or
structures proposed (2) Open Shelters
b. Number of lots or parcels ( 2) A d j a c e n t
Parcels
c. Density (give the number of residential units and the
units per acre) N/A
Size of area to be graded, filled or disturbed
including roads, ditches, etc. 29, 000+ sp . ft
e. If the proposed project will disturb more than one
acre of land, the Division of Land Resources must
receive an erosion and sedimentation control plan at
least 30 days before land disturbing activity begins.
If applicable, has a sedimentation and erosion
control plan been submitted to the Division of Land
Resources? X Yes No
If yes, date submitted 1-6-97 Approved
f. List the. materials (such as marl, paver stone,
asphalt, or concrete) to be used for paved surfaces.
Marl and asphalt roads and parking
g. Give the percentage of the tract within 75 feet of
MHW or NWL, or within 575 feet in the case of an
Outstanding Resource Water, to be covered by
impervious and/or built-upon surfaces, such as
pavement, buildings, rooftops, or to be used for
vehicular driveways or parking. less than 2%
P. 4
h. Projects that require a CAMA Major Development
Permit may also require a Stormwater Certification.
Has a site development plan been submitted to the
Division of Environmental Management for review?
Yes X No
if yes, date submitted
i.
j•
k.
Describe proposed method of sewage disposal.
Existino municipal
Have the facilities described in Item i. above
received state or local approval? !:es
(,mach appropriwe documentation)
Describe location and type of proposed discharges to
waters of the state (for example, surface runoff,
sanitary wastewater, industrial/commercial effluent,
"wash down" and residential discharges).
Surface Runoff
1. Describe proposed drinking water supply source
(e.g. well, community, public system, etc.)
Existino public system
m. Will water be impounded?
If yes, how many acres? _
n. If the project is a oceanfront development, when
was the lot(s) platted and recorded? N/A
Creekside Park
Applicant or Project
Signature
Mav 15. 2002
Date
Yes X_ No
Revised 03/95
NARRATIVE J J N 200?
,
Craven County Parks & Recreation is planning to construct canoe / kayak
launching facility and boardwalk on Brices Creek at Creekside Park. The park is
located on two adjacent parcels (reference Deed Book 1483, Page 47 and Deed Book
1720, Page 290). Future plans included the construction of (2) open shelters and
parking.
The concrete access ramps attached to the docks are designed to conform with
current ADA Standards in regard to slope and width. Waterward toe rails and landward
hand rails are provided on the docks.
Construction methods for the docks will include removal of overhanging
vegetation, fallen snags and debris in dock construction area. Heavy equipment used in
the construction of the docks will include a floating crane with pile driver. `
The canoe / kayak launch boardwalk will be constructed in an existing earthen
ramp and require geotechnical fabric to be laid under a gravel base, and the wooden
boardwalk built above the gravel. There will be a header board at the waterward end of
the ramp to retain the gravel. This construction method was used to contain any existing
sediment runoff and requires no mechanized excavation of the existing earthen ramp.
Future proposed parking for canoe/kayak launch area will consist of marl and/or
asphalt surfaces. The attached Sedimentation and Erosion Control Plan addressed
construction of an access road to Brices Creek. The total area of planned and future
improvements are shown are approximately 25,000 square feet.
ROBERT M. CHILES, P.E. CREEKSIDE PARK
ENGINEERS & CONSULTANTS RMC #2002054
MAY-13-02 MON 2:06 PM ROBERT M CHILES P.E. FAX NO. 2526373100 P. 2
FROM: CRAVEN COUNTY PARKS & RECREATION
406 CRAVEN STREET r
NEW BERN, N. C. 28560
TO: MR. ROBERT M. CHILES, P.E.
ROBERT M. CHILES, P.E. - ------
ENGINEERS, CONSULTANTS AND MARINE SURVEYORS;,
P. O. BOX 3496
NEW BERN, N. C. 28564-3496 242 '+;
? Y
To Whom It May Concern: "T
. Parker authorize Robert M.
By my signature below, I -)an
Chiles, P.E. to act as the agent representing Craven County Parks and Recreation for the purpose
of completing and submitting the North Carolina Department of Environment and Natural
Resources, Division of Coastal Management Application for permits to develop in North
Carolina's coastal area and supporting documents as it relates to the construction of docks and
upland development at Creekside Park.
This authorization is effective on the date signed.
` a, ' w, Pam, Dc` 6s",'
Signature/Title
A0
CRAVEN COUNTY
NORTH CAROLINA
I, ?, ?2-::2 / a Notary Public in and for the County and State herein
described, certtfyjthat %i•;?/? personally appeared me this date and
acknowledged the foregoing instrument.
--4,
This the / `, - date of
NOTARY PUBLIC
My commission expires:
C/ 1,2, 1 /,21- ,C/,/
2002.
9?01$/certification
Page 1 of 1
PARCELID
OWNER
Mail Address
Mail Address
ADDRESS of Property
Land Value
Total Improvement(s) Value
Total Value
Assessed Acreage
Calculated Acreage
Deed Book Page
Recorded Date
Survey
Tax Exempt
City
Fire District
Drainage District
Lot Description
Property Description
Special District
Number of Improvements
Gtructure Type
Year Built
Living Area 1st Floor
Number of Rooms
Number of Bedrooms
Baths Full.Half
Most Recent Sale Date
Sellers Name
Sale Price
Type of Sale
Confirmation Type
Current Landuse
7-103 -089
RABELER, ELIZABETH S .
PO BOX 89
BOVINA CENTER NY 13740
OLD AIRPORT RD
30060
1
30061
60.130
60.128
1507 0919
4 4 1996
G 5H
NO
Township 7

458.47 X 5291 IRR
TAYLOR-TRACT 1 ERIKA SELLHORN ESTATE
1
CONVERTED FROM DWG TO STORAGE
1940
1276
4/4/1996
SELLHORN, ERIKA HRS
0
STRAIGHT TRANSFER
NO STAMPS RECORDED
Agricultural-Field Crops

http://gismaps.cravencounty.com/scratch/parcels_1_35153.28.htm 4/1/02
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BK1507 PG919
NORTH CAROLINA FILED IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
CRAVEN COUNTY go APR -4 AN H: s 02 BEFORE THE CLERK
FILE NO, 94 SP 233
PHILLIP SELLHORN and.
_ __-_....___....).__.....
RICHARD SELLHORN, )
Petitioners )
V. ) CONSEN-T QRaER j _
ELISABETH S. RABELER and
WILHELMINE S. TODD,
Respondents )
{ - _N,
THIS MATTER coming on to be heard before the undersigned Clerk
of the Superior Court of Craven County, North Carolina, and prior
to the hearing of the said matter, the Clerk is informed that the
parties to this Petition have reached an agreement regarding the
.division of the lands described in said Petition; and the said
Clerk, after reviewing the said proposed division of lands, is of
the opinion that the division is fair and equitable to all parties
and that it would be in the best interest and general welfare of
the parties named herein to divide the said lands as proposed.
In addition to the division of the lands herein, the parties
have simultaneously, with the execution of this Order, entered into
an agreement regarding a right of first refusal, which agreement
shall be recorded simultaneously with this Order in the Office of
the Register of Deeds of Craven County.
NOW, THEREFORE, based on the pleadings and representations and
agreements of the. parties, the court does hereby make the following
findings of fact:
1. That this Court has jurisdiction both of the subject
matter and of the persons to this action.
2. That. this action was begun by the filing of a Petition
for partition pursuant to Chapter 46 of the North Carolina General
statutes.
3. That the parties named hereinabove are tenants in common

841507 PG 9 2 0
of that certain tract or parcel of land lying and being in Number
Seven Township, Craven County, North Carolina, and consisting of
18.1.85 acres, more or less, according to a survey by Floyd
Suitt, Jr., R.L.S., dated January 26, 1988.
4. That Phillip Sellhorn is of full age and is married to' J?;
Tammy Sellhorn.
5. That Elizabeth S. Rabeler is of full a e and is marri d"?'?•'

to Alex Rabeler.
6. That Wilhelmine S. Todd is of full age and is married to
Ferris Todd.
7. That Richard Sellhorn is of full age and is unmarried.
8. That Elizabeth S. Rabeler is the owner of a one-third
(1/3) undivided interest in said tract.or parcel of land.
9. That Wilhelmine S. Todd is the owner of a one-third (1/3)
undivided interest in said tract or parcel of land.
10. That Phillip Sellhorn is the owner of a one-sixth (1/6)
undivided interest in said tract or parcel of land.
11. That Richard Sellhorn is the owner of a one-sixth (1/6)
undivided interest in said tract or parcel of land.
12. That the tract or parcel of land is of such configuration
and size that an actual partition of said lands can be made.
NOW, THEREFORE, based on the foregoing findings of fact, the
Court makes the following conclusions of law:
1. That it has jurisdiction over the subject matter and of
the persons of this action.
2. That the proposed partition of the land as hereinafter
set forth is fair and equitable to both parties and should become
an order of this Court.
NOW, THEREFORE, based on the foregoing findings of fact and
conclusions of law, the Court, by consent of the parties, does
hereby make the following division of the lands described in the
Petition herein and directs that this Order be filed in the Office
of the Register of Deeds of Craven County, North Carolina, and that
a copy of the map prepared by Floyd L. Suitt be filed
simultaneously with said Deed showing the division of said land.
Further, it is ordered that the costs of this action be borne

S

according to their respective interests in said
Tract No. 1, as the same is shown and delineated on that map
by Floyd L. Suitt and Associates recorded in Plat Cabinet
Slide of the Craven County Regi stry, is allotted to
Elizabeth S. Rabeler.
Tract No. 2, as the same is shown and delineated on that map
by.. Floyd L. Suitt and Associates recorded in Plat Cabinet,

Slide of the Craven Co unty Registry, is allotted to
f Wilhelmine S. Todd.
.. Tract No. 3, as the same is shown and delineated on that map
' by Floyd L. Suitt and Associates recorded in Plat Cabinet L,
Slide 5-14 _, of the Craven County Registry, is allotted to Richard
l,lip Sellhorn.
Sellhorn and Ph .
?
This the day of , 1996.
s '
?
i+ OF TH
E
T
S U
i
t CONSENTED TO:
t
.46
PHILLI LLHORN, Pet t oner
MY S LHORN

MO S D. LASIT R
At orney for Pe ition s,
P ILLIP SELLHORN a
Sy°?ea,CHARD SELLHO O?
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BES;S Q 7 21
ELIZABETH S. BELER) Re on 6ht--
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ner RYAL W4TAYLOE, (.
Attorn for Respondent,
ELIZABETH S. RABELER
n
WILHELMINE S. TODD, Respondent_ 1

¦ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
¦ Print your name and address on
so that we can returt r to you.
¦ Attach this card to the ac o the mai piece,
or on the front if space permits.
1. Article Addressed to:
Ms. Elizabeth Rabeler
P. 0. Box 89
Bovina Center, NY 13740
A Recei (ed b P__,^ _?i ( B. Date of Delivery
C. Signa
? Agent
? Addressee
D. Is delivery address different from ite Yes
If YES, enter delivery address below: ? No
3. Service Type I
X Certified Mail ? Express mail j
? Registered IN Return Receipt for Merchandise i
? Insured Mail ? C.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes f
2. Article Number 7099 3400 0011 0638 4483
(fransfer from service label)
PS Form 3811, March 2001 Domestic Return Receipt 102595-01-M-1424.
J :.. L2

UNITED STATES POSTAL SERVICE
First-Class Mail
Postage & Fees Paid
. , ? T lE,q sPs
T ?
• Sender: Please print your name, address, and +4 in this box •..
Mr. George G. Chiles 11
Robert M. Chiles, P.E.
P.O. Box 3496
New Bern, N. C. 28564-3496 - -~'?• ;
Riparian Lot owner-Craven Creekside Park
2002058
HIIIIIII„IIIIII lilt fill III III loll II„Ii1111
ROBERT M. CHILES, P.E
ENGINEERS, CONSULTANTS
MARINE SURVEYORS
417-A BROAD ST.
P.O. BOX 3496
NEW BERN, NORTH CAROLINA 28564-3496
May 16, 2002
Ms. Elizabeth Rabeler
P. O. Box 89
Bovina Center, NY 13740
Subject: Adjacent Riparian Property Owner Notification
Creekside Park
Dear Ms. Rabeler:
1' `"00" BUSINESS: 252.637-4702
1 FAX: [phone]
_rmcenbr @ cconnect.net
On behalf of our client, Craven County Parks and Recreation, we are submitting a CAMA Major
Permit Application to the Division of Coastal Management for the construction of canoe docks on Brices
Creek adjacent Airport roperty. We are providing this information for your review. Should you have
questions or comments please feel free to contact our office or your local Division of Coastal Management
office at the location below:
N.C.DENR
Division of Coastal Management
Morehead City District
Heston Plaza, Il
151-B Highway 24
Morehead City, N. C. 28557
[phone]
Following your review of the Application, read, complete and return one signed original Adjacent
Riparian Property Owners Statement using the envelope provided. Please keep the application package
for your information.
Sincerely,
ROBERT M. CHILES, P.E.
George G. Chiles II
GGCII:jrf
cc: Division of Coastal Management
RMC File #2002058
2002058/price
MECHANICAL, CIVIL, AND MARINE ENGINEERING MARINE HYOROGRAPHIC AND LAND SURVEYS
COMMERCIAL. INDUSTRIAL, MARINE AND RAILROAD FACILITIES DESIGN
FORENSIC ENGINEERING AND FAILURE ANALYSIS BOUNDARY SURVEYS AND MAPPING SERVICE
ADJACENT RIPARIAN PROPERTY OWNER STATEMENT
I hereby certify that I own property adjacent to Creekside Park property
located at 1765 Old Airport Road on
(lot, block, road, etc.)
Brices Creek in New Bern
(body of water) (town)
North Carolina in Craven county. The proposal has been described to me as shown
below, the development, (a oie bulkhead/structure and the proposed location, and I have no
(circle one)
objection to the proposal. I understand that if the development is a pier, it must be set back a minimum
distance of 15 feet from my area of riparian access unless waived by me. I do/do not wish to waive that
setback requirement.
?aaaraar+rraaraaaaara.r?vaaaaaraaraararraarraaaaaaa+aararaar+aaaarraava+araarraa+raraaraaaaaaaaarrra+aavarraaa++aaraaaaaaa
Description and/or drawing of proposed development: (to be filled in by individual proposing development).
INDICATE the SIZE AND LOCATION OF THE STRUCTURE AND THE DISTANCE BETWEEN EACH
PROPERTY LINE AND THE WATER.
I
(Original must be retained in the Inspection Department)
Signature
Date
Name (Please Print)
Page 1 of 1
PARCEL ID 7-103 -092
OWNER CRAVEN COUNTY REGIONAL AIRPORT
Mail Address PO BOX 1425
Mail Address NEW BERN NC 28563
ADDRESS of Property 620 AVIATION DRIVE
Land Value 15654870
Total Improvement(s) Value 1325503 -
Total Value 16980373
Assessed Acreage 474.390
Calculated Acreage 474.653
Deed Book Page 1129 0006
Recorded Date 9 22 1986
Survey

Tau Exempt ?
YES =, --- -.
City
Fire District Township 7
Drainage District
I
Lot Description
Property Description CRAVEN COUNTY REGIONAL AIRP-GRT--'.._.___' ° =-
Special District
Number of Improvements 16
Structure Type
Year Built
Living Area 1st Floor
Number of Rooms
Number of Bedrooms
Baths Full.Half
Most Recent Sale Date 9/2211986
Sellers Name CRAVEN COUNTY
Sale Price 0
Type of Sale NEEDS REVIEW
Confirmation Type UNCONFIRMED
Current Landuse Srv-Governmental Buildings
http://gismaps.cravencounty.com/scratch/parcels_1_34562.88.htm 4/1/02

80

J
NORTH CAROLINA
CRAVEN COUNTY PREPARED BY A. D, WARD
THIS DEED, made this 29th day of August 1986, by and between
THE CITY OF NEW BERN$'a North Carolina municipal corporation, party
of the first part, and CRAVEN COUNTY, a body politic and corporate.
of the State.of North Carolina, party of the second. part;.
.W I.T N E S S E T H:
THAT WHEREAS, the City of New Bern .("City") and the County of
Craven ( "County") have owned a-nd sometime s operated the
Simmons- Nott Airport, located in Number Seven Townshipt Craven
County, North ',Carolina, for many years, each of them owning a
one-half (1/2) undivided interest in. all real and personal-property
acquired by them in connection with the operation of said airport;
and
WHEREAS, the General Assembly -of North Carolina enacted, at
the request of the City and County, "An Act Establishing the
Simmons-Mott Airport Authority," which said act was House Bill No.
1653, ratified as Chapter 1197 of the 1979 Session (2nd Session,
.1980), copy of which is attached hereto and incorporated herein by
reference; and
WHEREAS, pursuant to authority granted by said act, the
parties hereto, by instrument bearing date November 17, 1980,
leased to the Simmons-Nott Airport Authority "... all of its right,
title, and interest i and to: 5w
uw ornec9 or
WARD, WARo,
WILLEY 6 WARD
409 FOLLOCK SlRLC?
New IS K IM N. C. 2!! 90 ,

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PAGE
2 9
! 6AK 11

........
i

"(a) Th.e land known as Simmons-Mott Airport .and
-being particularly described in Exhibit 'A', hereto
attached and made a part of this lease as if fully set
forth herein;
11(b) All air easements and appurtenances thereunto
belonging lying situate and being adjacent to and being a
part of Simmons-Not-t Airport, being particularly
described in Exhibit 'A', hereto attached and made a part
of this lease as if fully set forth herein;
"(e) All personal property presently owned by
Craven County and the City of New Bern and used in
connection with the operation and maintenance of
Simmons-Nott Airport, said personal property being
particularly described in Exhibit 'BI, hereto attached
and made a part of this lease as if fully'.set forth
herein."
Which said lease now appears of record in the office of the
Register of Deeds of Craven County.in Book 971, Page-376; and
WHEREAS, the Airport Authority has since acquired additional
real and personal property in the names of the City and County and
continues to operate the Simmons-Not.t Airport under the terms of
.said lease.; and
WHEREAS, the City and the County have reached an agreement
whereby the City will convey its one-half (1/2) interest in and to
the airport property, both real and personal, that which is
described in the lease to the Airport Authority and that which has
since been acquired by the City and County; and
WHEREAS, the General Assembly of North Carolina has enacted,
at the request of the City and County, an act entitled "An Act To .'
.Change. The Charter Of The Simmons.-Nott Airport Authority So As To
Remove The City Of New Bern From Responsibility Under That Act,".
Lbw o?necs or
WARD. WARD.
WiLLEY & WARD
•OO POLLOC• STINECT
MEW MC11M. M. C. E60410
2
800 1 f 29 Pay

being.House Bill 1:582,.whdeh was enacted and ratified at the 1985
session (Regular Session, 1986) as Chapter 838'thereof, a copy of
which is attached hereto and incorporated herein by reference;
NOW,' THEREFORE, the said party of the first part, pursuant.to
the 'authorAty granted by the aforementioned act of the General
i
Assembly, and in consideration of the sum of Ten Dollars ($10.00).
and other good and valuable consideration to it paid.by the said.
party of the second part, the receipt of which is hereby
acknowledged, has.bargained and sold,. and by these presents does
bargain, sell, and convey unto the party of the second part, its
successors and assigns, :the following-described property,. so long
as the said property is used for the operation of a public airport
by the grantee herein or its lessee, and no longer; it being the
express in.ten.tion of the grantor hereby to. convey to the said
grantee a fee simple-determinable estate in said property and.not a
-fee simple estate on condition subsequent; and, when the said
premises cease to be.used for a public airport, then, at that time,.
the title to said property, both real and.personal, shall,
automatioally,, by operation of law and without reentry or suit on.
the part of the City, be revested.in said City; and the grantee; by.
accepting this deed, specifically agrees that, at such time as the
said property shall revert in the' City by operation of law, it will
execute an instrument to be recorded'in the office of the Register
of Deeds of Craven County by which it.acknowledge.s that the
interest in real. and personal property hereby conveyed by the City
LAW O?/IC[f OF
wARMWARD.
WILLEY A WARD
•o• POLLOCK erwccr -
New sepim N: C.:esso

I
i
1
1
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1

i___ BOOK 1?. 2 9 PAGE
9
to the County has automatically revested in the City. Subject
property is particularly described as follows:
All of 'the City's one-half undivided interest in and' to -.the
-real and personal property, which makes up the Simmons-Nott Airport
in Number Seven Township, Craven County, North Carolina, including,
:but not limited to, the following:
THE City's one-half undivided interest in and to certain
tracts or parcels of land lying and being situate in
Number Seven Township, Craven County, North Carolina,
designated as Tracts Numbers A,. B, C, E, G, G1, H, J, K,
L, M, and N on that certain map or plat entitled
"Property map for Simmons-Nott Airport, It prepared by
Joseph W. Rose, Registered'Land Surveyor; a copy of wh1c h
said map is hereto attached, and which said map is
incorporated herein by reference and is made a -part of
this description.
TOGETHER with the City's right, title, claim, and
interest in-and to avigation easements over, across, and
upon parcels numbers 1, 21 3, 4, 5, 6, 71 8, 9, 10, 10a,
and 11, as shown and delinaeted on the above-mentioned
map.
TOGETHER with all right, title, claim, and interest ' of
the party of the first part to any and all personal
property heretofore utilized by the parties hereto in the
conduct and operation of Simmons -Nott Airport.
THIS conveyance is subject to the lease bearing date
November 17, 1980, by and between the City and the County
and the Simmons-Nott Airport Authority, which is
hereinabove identified.
TO HAVE AND TO HOLD 'the aforesaid one-half undivided interest
in and to said land, premises, avigation easements, and the
Ilpersonal property above set forth, to it, the said party of the
second part, its successors and assigns, as a fee simple
determinable estate, as hereinabove set forth.
LAW OffiC[S 0I
WARO.•WAR D..
WELLKY A WARO
409 IOLLOCK•TK2[T '
New •[KN. N: C. 26660
4

Bo K ?. 12 9 FAGS 1 0 __2

AND the, sai d. party of the- ffrst par-t,?for itself, its
successors and assigns, covenants to and with the said party of the
second part, its successors and assigns, that it is seized and
' possessed of a valid one-half undivided interest in and to the land
and premises, a. one-half undivided interest in the avigation
easements, and a one-half interest in the personal property
described above, that it has the right to convey its one-half
undivided interest therein to the party of the second part, that
.. the same .are free and clear of all encumbrances, and that it will
warrant. and defen d the.ti.tle to the interest herein. conveyed
against the lawful claims of all persons whomsoever.
IN TESTIMONY WHEREOF, the said party of the first part hac
caused. this deed to be executed in. Its name by its Mayor, attested
by its City'. Clerk, and its corporate seal to be hereunto affixed,
all.by order of.its Board. of Aldermen in.open meeting duly given.
CITY OF NEW BERN

•,. f? `7t=% "
.. ., .
? .,tom.
CM C R
LAW OFFICC6 OF ,..
' WARD. WARD,
WILLEY A WARD
A06 POLLOCK 6iRCl't
NCW SCRN. N. C. 211560 . '

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NORTH'CAROLINA
CRAVEN COUNTY
d ? ?f
e
`, BOOK 1129 PAGE ?. ?
I ,?? ?,?,,,????L F._?,?,J , a notary public in and for
sai countyand state, do here y certify that on the )g a day of.
1986, before me personally appeared ELLA J. BENGEL,
wit i whom-1 am personally acquainted, who, being by me duly sworn,
says that she is Mayor-and that -ANNETTE F. WEST is the City Clerk
of the City of New Bern, the municipal corporation described in and
which executed, the foregoing instrument; that she knows the common
seal of said municipal corporation; that the seal affixed to. the
foregoing instrument. is said common seal; that the name of.the
municipal corporation was.subscribed thereto by the said Mayor;
that the said common seal was affixed, all by order of the Board of
Aldermen of said municipal corporation; and that the said
instrument is the act and deed of said,municipal corporation.
WI NES my-hand and notarial seal, this /az`fx day of .
1986.
•. \,\•11/111
NOTARY PUBLIC
f
i
I
NORTH CAROLINA
CRAVEN COUNTY
The foregoing oertificate of / a
.notary public of the county and state aforesaid, is oertified to be
correct. This -instrument was presented for registration this day
and hour and duly recorded in t office' of the Register of Deeds
of Craven County, North `arolin in Book l/,!Q_, at Page 4
l -1986, at /tJ
.1
LAW OR/ICIS O/
WARD. WARD,
VALLEY 6 WARD
•OY POLLOCK STAtty.
he* alpt". N. C. AGOG*
tj i)'f.•` .My commission expires:
'1,111,;1,,,.,..,•• ?. , . 3 , f?
By
6

tii "complete'items and 3. Aiso'complete;,r
dem 4 if Restricted Delivery is.. desired
Print your name and address on the reverse
=i`.so that we can return the card to you.-----_
¦ Attach this card to the back of the maiipiece, .
or on the front if space permits.
1. Article Addressed to:
Mr. John Price
Craven County Regional Airpor
P. 0. Box 1425
New Bern, N. C. 28563
yved by (Plea?e Print Clearly)
L„c
C. Sin u ?.j I -
•` f
X ? Agent j
? Addressee
D. Is delivery address different from item 1? ? Yes i
If YES, enter delivery address below: ? No
i
3. Service Type
Certified Mail ? Express Mail
? Registered ? Return Receipt for Merchandise
? Insured Mail C.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes
2. Article Number
(rranster from service label 7099 3400 0011 0638_ 4490
PS Form 3811, March 2001 Domestic Return Receipt ; 102595-01-M-14241
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ROBERT M. CHILES, P.E.
ENGINEERS, CONSULTANTS
s
MARINE SURVEYORS
417-A BROAD ST.
P.O. BOX 3496
NEW BERN, NORTH CAROLINA 28564-3496
May 16, 2002
Mr. John Price
Craven County Regional Airport
P. O. Box 1425
New Bern, N. C. 28563
Subject: Adjacent Riparian Property Owner Notification
Creekside Park
Dear Mr. Price:
BUSINESS: 2i2-637-4702
FAX. [phone]
J?'s'`t ,). ?; ZJiJLcengr®eeonnect.net
i '
On behalf of our client, Craven County Parks and Recreation, we are submitting a CAMA Major
Permit Application to the Division of Coastal Management for the construction of canoe docks on Brices
Creek adjacent Airport property. We are providing this information for your review. Should you have
questions or comments please feel free to contact our office or you local Division of Coastal Management
office at the location below:
N.C.DENR
Division of Coastal Management
Morehead City District
Heston Plaza, II
151-B Highway 24
Morehead City, N. C. 28557
[phone]
Following your review of the Application, read, complete and return one signed original Adjacent
Riparian Property Owners Statement using the envelope provided. Please keep the application package
for your information.
Sincerely,
ROBERT M. CHILES, P.E./
George G. Chiles II
GGCII:jrf
cc: Division of Coastal Management
RMC File #2002058
2002058/price
MECHANICAL, CIVIL, AND MARINE ENGINEERING MARINE HYDROGRAPHIC AND LAND SURVEYS
COMMERCIAL, INDUSTRIAL, MARINE AND RAILROAD FACILITIES DESIGN
FORENSIC ENGINEERING AND FAILURE ANALYSIS BOUNDARY SURVEYS AND MAPPING SERVICE
ADJACENT RIPARIAN PROPERTY OWNER STATEMENT
I hereby certify that I own property adjacent to Creekside.Park property
located at 1765 Old Airport Road on
(lot, block, road, etc.)
Brices Creek ;n New Bern
(body of water) (town)
North Carolina in Craven county. The proposal has been described to me as shown
below; the development, ? oie bulkhead/structure and the proposed location, and I have no
(circle one)
objection to the proposal. I understand that if the development is a pier, it must be set back a minimum
distance of 15 feet from my area of riparian access unless waived by me. I do/do not wish to waive that
setback requirement.
rarrarraaasaaraaaaraararaaaraaaaraaaraaaaaraaa»+a++ar+aa+aa+rraavaa?ra+aaarrraraarrrraararaa+aaaaraa..raaaaaaaaraa?•aaaaaaa
Description and/or drawing of proposed development: (to be filled in by individual proposing development)'.
INDICATE the SIZE AND LOCATION OF THE STRUCTURE AND THE DISTANCE BETWEEN EACH
PROPERTY LINE AND THE WATER.

(Original must be retained in the Inspection Department)
Signature
Date
Name (Please Print)
DIRECTIONS TO PROJEQT SITEw____
From Morehead / Havelock West on U.S. Highway 70
Travel west on U.S. Highway 70, go approximately 1.5 miles passed the Taberna
Subdivision; turn left onto Grantham Road; follow Grantham Road until it intersects with
Howell Road; turn right onto Howell Road and Creekside Park is approximately 1/8 of a
mile on left.
From Raleigh / New Bern East on U.S. Highway 70
Travel east on U.S. Highway 70 pass through the City of New Bern crossing over
the Trent River. After passing through the 2"d traffic light go approximately 1 mile and
turn right onto Grantham Road; follow Grantham Road until it intersects with Howell
Road; turn right onto Howell Road and Creekside Park is approximately 1/8 of a mile on
left.
ROBERT M. CHILES, P.E. CREEKSIDE PARK
ENGINEERS & CONSULTANTS RMC #2002054
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VICINITY MAP DATE: 4-4-2002 .._. ROBERT M. CHILES, P.E.
CRAVEN CREEKSIDE RECREATIONAL PAR JOB NO.:2002054 ENGINEERS AND CONSULTANTS
TWSP.7-CRAVEN COUNTY-NORTH CAROLINA SCALE: N.T.S. NEW BERN, NORTH CAROLINA
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Name: NEW BERN ?1; j '.% 2 02 Location: 035° 03'37.3" N 077' 02'52.4" W .
Date: 5/13/2002 a 1 daption: Creek Side Park Area ,... .
Scale: 1 inch equals 2000 feet from USGS NEW BERN Quadsheet
ROBERT M. CHILES, P.E.
Copyright (C) 1997, Maptech, Inc

ROBERT M. CHILES, P.E. CREEKSIDE PARK
ENGINEERS & CONSULTANTS RMC #2002054
State of North Carolina
Department of Environment,
Health and Natural Resources
Washington Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
DIVISION OF LAND
LAND QUALITY
January 6,
RESOURCES
SECTION
1997
LETTER OF APPROVAL WITH PERFORMANCE RESERVATION
County of Craven
ATTN: Mr. Harold Blizzard, Manager
406 Craven Street
New Bern, North Carolina 28560

RE: Erosion and Sedimentation Control Plan
Craven Creekside Recreational Park
SR 1111 - Craven County
Drainage Basin: Neuse
Date Received: December 20, 1996
Responsible Party: Craven County Recreation and Parks
Department
Dear Mr. Blizzard:
This office has completed its review of the erosion and
sedimentation control plan for the referenced 99.7 acre
disturbance. We have determined the submitted plan for the
grading associated with the construction of buildings, parking
areas, athletic fields and general recreational areas, if
properly implemented, will meet the minimum requirements of the
Act and hereby issue this LETTER OF APPROVAL WITH the following
PERFORMANCE RESERVATION.
This office has received numerous complaints concerning
runoff from projects located within the Brice's Creek
watershed. The complaints have centered on the
turbidity of the creek following a heavy rain. Brice's
Creek is classified as C Sw NSW by the Environmental
Management Commission which does not qualify it for
this office's consideration as a High Quality Water.
However, we suggest that this project be phased to .
minimize the size of the denuded areas and that the
planned erosion and sediment control measures be
constructed to the High Quality Water Standards (copy
attached).
In 1973, the Sedimentation Pollution Control Act (copy
available upon request) was enacted. It established a•
1424 Ccrolina Avenue, Washington. North Ccrolina 27889 Telephone [phone] FAX [phone]
An Gnt inl nnnnrtunity Affirmative Action Emolover say recycled/10% post-consumer pcper
County of Craven
ATTN: Mr. Harold
January 6, 1997
Page 2
Blizzard, Manager
performance oriented program requiring a project owner or
developer to protect adjoining natural resources and properties,
both during and after construction, from the effects of
accelerated erosion. It is YOUR RESPONSIBILITY to understand and
comply with the requirements of the Act.
In addition to any above listed modifications or conditions,
the following also apply to the approved plan:
-- an erosion and sedimentation control plan is only valid
for 3 years following the date of initial approval, if no
land-disturbing activity has been undertaken;
-- a copy of the latest approved soil erosion and control
plan must be on file at the job site;
-- 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 slopes must be at an angle that can be
retained by vegetative cover;
-- barren slopes must be provided with a ground cover
sufficient to restrain erosion within 30 working 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
ground cover);
-- a permanent ground cover, sufficient to restrain erosion,
must be provided within the shorter of 30 working or 120
calendar days after completion of construction or
development; and,
-- this approval is not automatically transferred with a
change in project ownership.
Be advised that to ensure compliance with the approved plan
and the program requirements, unannounced periodic inspections
will be made. If the implemented plan is determined to be
inadequate, this office may require that it be revised to comply
with state law. Failure to comply with any part of the approved
plan or with any requirements of this program, could result in
the taking of appropriate legal action against the financially
County of craven Manager
ATTN: Mr. Harold Blizzard,
January 61 199702
Page 3
responsible party (Craven County Recreation'_aindWParks
Department). one option is the assessing of a civil penalty of
up to $500 per day for each day the site is out of compliance.
In recognizing the desirability of early coordination of
sedimentation control, we believe it would be beneficial for you
and your contractor to arrange a preconstruction conference to
discuss the requirements of the approved erosion aed if you would
sedimentation control plan. It would be appreciat
ext.
contact this office to advise Richard Peed (919-946-6481,
374) of the construction start-up date, contractor and an on-site
contact person or, please, complete and return the attached
Project Information sheet to the above named.
The land-disturbing activity described in this plan may
require approval or permitting from other Federal, State or local agencies. These could include the U.S. Army Corps of Engineers
under Article 404 jurisdiction, the Division of Water Quality -
Surface Water Section under stormwater regulations (contact Bill
Moore, 919-946-6481, ext. 264), county, city or town agencies
under other local ordinances, or other approvals that may be
required. This approval cannot supersede any other approval or
permit.
Please be advised that all land-disturbing activitieaffecting 5 acres or more are required to have a NPDES permit.
Enclosed is the Construction Activities General NPDES Permit -
NCG010000 for this project. Contact the Division of Water have
Quality - Surface Water Section at [phone] should you
any questions regarding the permit.
sincerely, ,-
?,?v`??//' /CjGG?c
Patrick H. McClain, P.E.
Assistant Regional Engineer
PHM:pm
Enclosures
cc: Robert M. Chiles, P.E.
Jan Parker, Craven County Recreation and Parks Department
2 -, e l
U.S. ARMY CORPS OF ENGINEERS Al 3 -3s? 1 COO
?F boo
Wilmington District
Action ID: County: to
Notification of Jurisdictional Determination
Property owner/Authorized Agent
Address ?-l-D
Telephone Number q 1 636 - 660
Size and Location of Property(waterbody, Highway name/number, town) etcr

Q/;yes Cieck a.-•d h}olst?.? g?A?c?•
Indicate Which of the following apply:
pro er ch we stro gly suggest should be detneated and
• There e wetlan s on the a ove describe p p ty w VIC
. The s rveyed we land lines ust be verifie?by our sta f before the orps will ake a final
survey
jurisdictional determination on your property.
• Because oft a size of your operty and our fy' sener. Youo may r sh tot employ con It e tion o obty n a
wetlands ca of be accomp shed in a timely
our consultant strongly reco hmes flag, nd that you t ve the li e surve ed for
more timely elineation of t e we
Oe
Corps staff 11 review it,rpa.T ( , if it is accurate, juri fictionaldet r nation p
Corps will n mu. dake a s? final
he final appro al by the Co io your rop
/.e?c1 Pe, pt, }-cL 8l7lgG CRe?,s.d-, t?li9
without a approved sure b k Ut M. c?.i es
• The wetlands on your lot have been delineated,Aandyt Ae I' re o la omens, this determination tmay be relied
to you. Unless there is a change in the law or our publish date of th s notification.
upon for a period not to exceed ?;Je ears from
' hi • There a e no wetla 4 ds preset on he above des bUSC rlp 4? s the eusla ch t geYin her aw
require ents of Sec??Oations, n 404 of the Cl an Water Act 33 ) Unle ears
or our p blished reg this det mination may e relied upon r a period of to exc ed thre y
from th date of this otification.
?0 C stal Counties. You should contact the nearest State Office of
The project is located in one of the .. oa
All Coastal Management to determine their requirements.
Placement of dredged or fill material in wetlands on thisCproperty without a Department of the my
V (33 USC 1311). A permit is
permit is in most cases a violation of Section 301 of the lean Water Act
not re uired for work on the property restricted emir rloy rto estin amp lease co, ground. If you have any
question s regarding the Corps of Engineers regulatory p S , P
at ?-7 616
Property owner/Authorized Agent Signature
Project Manager Signature ?.?'?•,
I Z Z o o Z
Z 11 Q '7 Expiration Date
Date
SURVEY PLAT OR FIELD SKETCH OF DESCRIBED PROPERTY COPY THE NI•
DELINEATION FORM MUST BE ATTACHED TO THE YELLOW (FILE)
CFSAw Form 566
iocr92
PARCEL ID 7-103 -219
OWNER CRAVEN COUNTY
Mail Address PO BOX 1128
Mail Address NEW BERN NC 28563
ADDRESS of Property 1821 OLD AIRPORT RD
Land Value 436000
Total Improvement(s) Value 0 ;
Total Value 436000
Assessed Acreage 109.000
Calculated Acreage 108.993
Deed Book Page 1483 0047
Recorded Date 10 3 1995 i
Survey F 194E F
Tax Exempt YES
City
Fire District Township 7
Drainage District
Lot Description
Property Description BAKER TRACT
Special District
Number of Improvements 0
Structure Type
Year Built
Living Area 1st Floor
Number of Rooms
Number of Bedrooms
Baths Full.Half
Most Recent Sale Date 10/3/1995
Sellers Name CRAVEN COUNTY
Sale Price 0
Type of Sale STRAIGHT TRANSFER
Confirmation Type NO STAMPS RECORDED
Current Landuse Srv-Recreational Facility

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NORTH CAROLINA
CRAVEN-COUNTY

CRAVEN COUNTY i
Jv y '
i0-e3-95
1467-`,.. t
$840.00
STATE Of
RpUNA Real Estate
GA , Excise Tax
PREPARED BY:
ERNEST C. RICHARDSON,
¦
III
THIS DEED, made and entered into this the V_(0 day of
csti?rt- , 1995, by and between JAMES C. BAKER, Debtor-in-
Possession under Chapter 11 of the Bankruptcy Code, of Craven
County, North Carolina, parties of the first part; and CRAVEN
F COUNTY, A Political Subdivision of North Carolina, of 40(0 ClAJ&)
_2rftu?-k. WJ 7_w 80u WC, ZBS(00 Craven County, North Carolina,
parties of the second part;
W I T N E S S E T H:
WHEREAS, the Debtors filed a Chapter 11 Bankruptcy.
Petition•in the Eastern District of North Carolina on the 15th day
of June, 1995; and
WHEREAS, the sale to the parties of the second part
herein has in all respects been approved and confirmed by the
Bankruptcy Court pursuant to the applicable Bankruptcy Rules and
the'Bankruptcy Code; and
WHEREAS; an Order was entered authorizing the Debtors to
sell the herein described property free and clear of the liens of
record, and said liens will attach to the proceeds of sale; said
order having been entered on the 29th day of August, 1995, by the
Honorable J. Rich Leonard, Bankruptcy Judge for the Eastern
District of-North Carolina.
NOW THEREFORE, the parties of the first part, by virtue
of the orders of the Court authorizing said sale and confirming the
same, and for and in consideration of the sum of TEN DOLLARS
($10.00) and such other good and valuable consideration, the terms,
amount and conditions of which are more fully set out in that
certain Order entered on the 29th day of August, 1995, to them in
hand paid by the parties-of the second part, the receipt of which
is hereby acknowledged, do hereby, give, grant, bargain, sell, set
over and convey unto the parties of the second part, their
successors and assigns the following real property to wit:
SEE ATTACHED LEGAL DESCRIPTION

OK1483

TO HAVE AND TO HOLD the same with all privileges and
appurtenances thereunto belonging to said parties of the second
part, their successors and assigns forever, as fully and completely
as they, the parties of the first part, by virtue of the powers and
authority so vested in them might sell and convey the same. .
IN TESTIMONY WHEREOF, the parties of the first part have
hereunto set their hands and seals this the day and year first
above written.
L• 4 (SEAL)
J es C. Baker
NORTH CAROLINA
(vjtUAzy l COUNTY
a Notary Public
in and for said County and State, do hereby certify that JAMES C.
BAKER, personally appeared before me this day and acknowledged the
due execution of the foregoing Deed.
QOW ITNESS my h d1,3T}d not rial seal this the day of
a? 9145 Al ?,,, 11
My Com ission
?'r_ A:?_c

CRAVEN COUNTY NNIm?
?ll/lll"•
NORTH CAROLINA
ary Public
The foregoing rtificates of - 71Y /
a Notary Public for County, North Carolina, are
certified to be true and correct. This Deed was presented for
registration this day and hour and duly recorded in the office of
the Register of De of Craven County, North Carolina, in Book
1gQat Page %.
This the day of , 1995, at
;'OS o'clock .m.
eg'ster Deeds ./Deputy Register of Deeds
r1r
Page 1 of 1
PARCEL ID 7-103 -090
OWNER CRAVEN COUNTY
Mail Address PO BOX 1128
Mail Address NEW BERN NC 28563
ADDRESS of Property 1765 OLD AIRPORT RD
Land Value 175500
Total Improvement(s) Value 0
Total Value 175500
Assessed Acreage 1.858
Calculated Acreage 1.858 y _ 202
Deed Book Page 1720 0290 a
Recorded Date 9 27 1999 V-? _-
Survey
Tax Exempt YES
City
Fire District Township 7
Drainage District .
Lot Description 235 WF X 200 IRR
Property Description BRICES CREEK
Special District
Number of Improvements 0
Structure Type
Year Built
Living Area 1st Floor
Number of Rooms
Number of Bedrooms
Baths Full.Half
Most Recent Sale Date 9/27/1999
Sellers Name FULCHER, TODD A & ANITA J
Sale Price 125500
Type of Sale MULTI-PARCEL SALE
Confirmation Type ONE PARTY IS GOVERNMENT
Current Landuse Vacant-Residential Lots
http://gismaps.cravencounty.com/scratch/parcels_1_34378.88.htm 4/1/02
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1720 0290
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Wcparcd by. I'arcd I .O, /! 7 ? 1U3 49
Ernest C. Richardson, Ill W4ule:
1'O Box 1594
New Bern, NC 28563 Nei Title Examination
[phone] NORTH CAROLINA ,
CRAVEN COUNTY
THIS DEED, made this the. day off sEPTEi",C-i'E2,11999, by and between
TODD A. FULCHER and wife, ANITA FULCHER of New Bern, North Carolina
called the "Grantor"), and CRAVEN COUNTY, a body politic (herein called the
"Grantee"). The designation Grantor and Grantee as used herein shall include the parties
indicated, and their respective heirs, successors, legal representatives, and assigns, and shall
include singular, plural, masculine, feminine or neuter as required by the context.
WITNESSETH:
That the Grantor, for and in consideration of Ten Dollars ($10.00) and other good and
valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has
and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all
that certain tract of land lying in No. Seven (7) Township, Craven County, North. Carolina,
.-1 W
V'1
IX t i and being more particularly described as follows:
See attached description
TO HAVE AND TO HOLD, the aforesaid tract of land together with privileges and
ti °c +l
i? appurtenances thereunto to the Grantee in fee simple forever.
And the Grantor covenants with the Grantee, that the Grantor is seized of the premises
in fee simple, has the right to convey the same in fee simple, that title is marketable and free and
......_-.....-...
_....._...._.........
13 oo t., Par3e
1720 0291
clear of all encumbrances, except as described above, and that Grantor will warrant and defend
the title against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the Grantor has signed and sealed this deed the day and year
first above written.

n
fiC-! (SEAL)
~~ ANITA FU CHER
NORTH CAROLINA
CRAVEN COUNTY
I, 06,r o I,,- CG W f c ^ P 4- a Notary Public in and for said County and State,
do hereby certify that TODD A FULCHER and wife, ANITA FULCHER personally appeared
before me this day and acknowledged the due execution of the foregoing instrument.
WITNESS my hand -and official stamp or seal, this 9 day of - 1999.
Notary Public "` ,•??,:!l.a?f.
My Commission Expires: ,.. `i
46 w 6'rn?'s c?
tY., ..:
NORTH CAROLINA CRAVEN COUNTY Al The foregoing certificate of????i a notary public, is certified
to be correct. This instrument was presented for registration this day and hour and duly recorded
in the Office of the Register of Deeds of Craven County, N. C., in Book at Page
,Z 90
t
E
This day of , 1999, at - o'clock _?. M.
By:
Register Deeds AssisiaWDeputy Regist of Deeds
9y i
TIO 0292
SCHEDULE A
All that certain tract or parcel of land located in Number Seven (7) Township, Craven County,
North Carolina and being more particularly described as follows:
Beginning at a point located as follows: Beginning at an existing railroad spike in the centerline
of the intersection of West Granthan? Road (NCSR 1124) and Old Airport Road (NCSR I I11)
and running thence along and with the centerline of NCSR I I 1 I North 3° 18' 11" West 178.53
feet; thence North 22° 29' 27" West 1,410.57 feet; thence North 23° 37' 01" West 60.04 feet to
the southeastern corner of the Claude C. Hall Subdivision as described in Slide Cabinet B and
Slide 397 of the Craven County Registry, thence along and with the southern property line of the
Claude C. Hall Subdivision: thence South 68° 34' 42" West 5,024.52 fret; thence North 21° 26'
49" West I foot to the point or place of beginning; thence from said point or place of beginning
South 68° 34' 42" West 212.00 feet to the high water mark of Brices Creek and Point A on the
plat as entitled Survey for Todd A. Fulcher and Anita J. Fulcher dated August 20, 1992 as
prepared by Dennis Fornes; thence along and with the high water mark of Brices Creek the
following courses and distances: North 53° 35' 28" West 54.82 fret; thence North 59° 2' 35"
West 34.75 teet; thence South 78° 6' 19" West 37.18 feet; thence South 67° 36' 2l" West 21.44
feet, and South 71 ° 42' 49" West 58.66 feet; thence South 79° 01' 01" West 21.32 feet to the
Southwestern corner of the Sit unons-Nutt Airport as (lie same is shown in Plat Cabinet D at
Slide 476 of the Craven County Registry; thenx:e North 21° 26' 54" West 153.59 feet; thence
runtung with the southern property line of the Sinunons-Nutt Airport North 680 74' 42" East
400 feet; thence South 21° 26' 49" East 240.38 feet to the point and place of beginning. Being
1.91 acres more or less as same is shown on survey for Todd A. Fulcher and Attila J. Fulcher
dated August 20, 1992 as prepared by Demos Forties and Associates, a copy of which is
recorded in Plat Cabinet F, Slide 156D of the Craven County Registry, reference to which is
made for a more complete and accurate description.
There is conveyed herein a 9-foot access easement as the same is more particularly described in
Deed Book 1003 at Page 305 in (lie Craven County Registry.
There is also conveyed herein a perpetual, nonexclusive right of way for the purpose of ingress',
egress and regress and for the purpose of installing and maintaining utilities which includes
electricity, water, sewer and telephone to the property herein conveyed over and upon the
following property:
Beginning at a point located as follows: Beginning at the intersection of the centerline of NCSR
I l1 and NCSR 1124 and running thence along tlne centerline of NCSR 1111, North 3° 18' l l"
West 178.53 feet, thence North 22° 29'. 27" West 1,410.57 feet to the pout or place of
beginning; thence front said point or place of beginning South 68° 34' 42" West 5,200.45 feet to
the high water mark of Brice's Creek, thence along the high water mark of Bruce's Creek, North
53° 35' 28" West 72.06 feet to a point where the southern line of the above said property
intersects the high water mark of Brice's Creek; thence along with the southern line of the above
said property North 68° 34' 42" East 212.00 feet; thence South 21 ° 26' 49" East I foot; thence
North 68° 34' 42" East 5,025.52 feet to the centerline of NCSR 1111; thence South 23° 37' 01" `
East 60.04 feet to the point or place of beginning.
..
/ H/9C ACCESS`
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GRAPHIC SCALE
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CANOE/KAYAK LAUNCH & DOCK DATE: 4-4-2002 ROBERT M. CHILES, P.E.
CRAVEN CREEKSIDE RECREATIONAL PAR JOB No.: 2002054 ENGINEERS AND CONSULTANTS
TWSP.7-CRAVEN COUNTY-NORTH CAROLINA SCALE: 1" = 50' NEW BERN, NORTH CAROLINA
NOTES:
1. ALL LUMBER TO BE PRESSURE TREATED.
2. ALL FASTENERS TO BE GALVANIZED.
3. ALL BOLTS TO BE 1/2-0 WITH 2-0
FENDER WASHERS.

2x4 STIFFENER
in
HALER PILINGS
SECTION A
w WATERWARD: 20' MINIMUM LENGTH
LANDWARD: 20' MINIMUM LENGTH
SECTION B
cV WATERWARD: 20' MINIMUM LENGTH
LANDWARD: 20' MINIMUM LENGTH
ri
SECTION C
z WATERWARD: 12' MINIMUM LENGTH
3
0 LANDWARD: 12' MINIMUM LENGTH
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WHALERS FASTENED TO
IGS w/ 2 THRU-BOLTS
2x6 HANDRAIL 2x6 DECKING 2) 2x4 CONTINUOUS TOE KICK
EXCEPT AT STEP-DOWNS)
73 1/2" 24" 2x8 JOISTS
w/, HANGERS
4x4 POST ® 48" O.C. 2x8 OIS I
w/ 2 THRU-BOLTS 2x8 WHALERS d
N WATER LEVEL

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SECTION "A" & "B" DATE: 4-4-2002 ROBERT M
CHILES
P
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TYPICAL DOCK DETAILS .
.
, .

CRAVEN CREEKSIDE RECREATIONAL PAR 2002054
JOB NO.:
ENGINEERS AND CONSULTANTS
TWSP.7-CRAVEN COUNTY-NORTH CAROLINA SCALE:1/4" = 1'-0" NEW BERN, NORTH CAROLINA
NOTES:
1. ALL LUMBER TO BE?PRESSURE TREATED.
2. ALL FASTENERS TO BE GALVANIZED.
3. ALL BOLTS TO BE 1/2"0 WITH 2"0
FENDER WASHERS.
_ .
002 `.
8 WHALERS FASTENED TO
IPPORT POSTS w/ 2 THRU-BOLTS

4x4 POST ® 48" O.C.
w/ 2 THRU-BOLTS
4x4
4x4
2x6 HANDRAIL
EXISTING GRADE
10
GRAPHIC SCALE
2 4
8
x6 DECKING
2x6 EDGE PROTECTION
w/ 2x4 STIFFENER
sss
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TYPICAL RAMP DETAILS DATE: 4-4-2002 ROBERT M. CHILES, P.E.
CRAVEN CREEKSIDE RECREATIONAL PAR JOB N0.:2002054 ENGINEERS AND CONSULTANTS
TWSP.7-CRAVEN COUNTY-NORTH CAROLINA SCALE: 1/4" = 1'-0" NEW BERN, NORTH CAROLINA
2x4 STIFFENER,
v
DECKING
,2x6 SLEEPERS
Q?
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C?
2
J
6" #57 STONE //- I r
FILTER FABRIC `\24° LANDSCAPE SPIKES
RAMP TO DOCK BOARDWALK 2x6 DECKING
/ 2x6 SLEEPERS
2x12 ROCK STOP
2.8 JOISTS
a
0
RAMP
GRAPHIC SCALE
0 13 30 HO
BOARDWALK DETAIL
VEN CREEKSIDE RECREATIONAL P
ISP.7-CRAVEN COUNTY-NORTH CARC)im
#57 STONE
??\?• </.? "NFILTER FABRIC
(3) 6x6 @RACE=POSTS
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DATE:-4-2°02 ROBERT M. CHILES, P.E.
JOB NO.: 2002054 ENGIINEEERS AND CONSULTANTS
SCALE: 1" ° 30' NE'N BEAN, NCRTH CAROLINA
H/C ACCESP
rE I /
GAZEBO

2'x12' STEP-DOWN
CANOE/KAYAK LAUNCH
2'x12' STEP-00

A
t ?, Zp
CK-
\?-DOCK- TION C

\ \ GRAVEL PARKING & LOOP ROAD - 15,535 SO. FT.
CONC. WALKS & COVERED SHELTERS - 5,986 SO. FT.
NORMAL WATER LEVEL ' 1.0' WOODEN BOARDWALK - 707 SO. FT.
W0MEN DOCKS & RAMPS -2,392 SO. FT.
TOTAL IMPROVEMENTS 24,620 SQ. FT.
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404 WETLANDS
l N 2302
10
GRAPHIC SCALE n
0 50 100 200 N
3
CANOE/KAYAK LAUNCH & DOCK DATE: 6-10-2002 ROBERT M. CHILES, P.E.
CRAVEN CREEKSIDE RECREATIONAL PAR JOB N0.:2002054 ENGINEERS AND CONSULTANTS
TWSP.7-CRAVEN COUNTY-NORTH CAROLINA SCALE: 1" = 100' NEW BERN, NORTH CAROLINA
/
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