20081003 Ver 2_Major Variance_20080618

OFFICE USE ONLY: Date Received Request # 1o03 vs Q__
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
"General" Major Variance Application Form -
From the Neuse and Tar-Pamlico Riparian Buffer Protection Rules for residential structures
on existing lots within the coastal counties as defined by the Coastal Area Management Act
(As approved by the Water Quality Committee of the Environmental Management Commission on 5/9/2001)
Please identify which Riparian Area Protection Rule applies.
Li Neuse River Basin: Nutrient Sensitive Waters Management Strategy
Protection and Maintenance of Riparian Areas Rule (15A NCAC .0233)
/( Tar-Pamlico River Basin: Nutrient Sensitive Waters Management
Strategy Protection and Maintenance of Riparian Areas Rule (15A
NCAC.0259)

NOTE.
To constitute a complete application, all of the information requested in this form
must be provided. Incomplete applications will be returned to the applicant. The
original and two copies of the completed "General" Variance Application Form and
any attachments must be sent to the DWQ 4011Wetlands Certification Unit, 1650 Mail
Service Center, Raleigh, NC 27699-1650, 919-733-1786 to constitute a complete
submittal. This form may be photocopied for use as an original.
Part 1: General Information
(Please include attachments if the room provided is insufficient.)
,lUl. 1 2?p?,
1. Applicant's name (the corporation, individual, etc. who owns the property):
_ ....................................... ..._ .._..............................................._. pENR `NAfER IrER
.................................................._............_.. _....................... _........ .._.......... _..... ................ .._.......... _..... ...._........_..................................... ...... ..... ...... ....... ........................ _......
._.
VrLmu ANDStOR
2. Print Owner/Signing Official (person legally responsible for the property and its compliance)
Name: t'«r l o K tr T
Title:
Street address: Po
l
City, State, Zip: 1 .. ?. t ,_f...ay? 5 .....
........... .............._....... ......................_.
Telephone: z
61
Fax:
3. Contact person who can answer questions about the proposed project:
Name: lfek4c2 r 1 l ?«h t_ 1 iiv, v J. n c' i ? Sr;
Telephone: ? 5 ;z) y ?? o? y + o: t.,,.s r_. c
. . ......................................
Fax: z s
Email L? <cr
"General" Variance Application Form
Version 1: May 2001
4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
L-v'f J •ne l lea , it f- IJ ' ci.,r
5. Project Location:
Street address: z,: ri %frwe! ,t<,rrt?{?r'^ C-•l C'Fh?Ya-- Ai': c.?
City, State, Zip:
L 7 Oe c.7
County:
Latitude/longitude: 7''
6. Directions to site from nearest major intersection (Also, attach an 8 %2 x 11 copy of the portion
of the USGS topographic map indicating the location of the site):
it'f G- rl2 CX J 1-
/ r ?
?ctt ....L •. L'" .?
7. Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT" to the nearest named stream):
_`ie.e?dr G.??- ?vteE t e;- •t?:?,:2•iu a? e.'/er" Slut ??c?. t. ,'b?rfe:;-y of !-l t' `1i 1411/CdJC>?l?Lt•7''
Stream classification [as identified within the Sched a of Classifications 15A NCAC 2B
.0315 (Neuse) or .0316 (Tar-Pamlico)]: 6,U
8. Which of the following permits/approvals will be required or have been received already for
this project?
Required: Received: Date received: Permit Type:
CAMA Major
x......? ....?..... CAMA Minor
401 Certification/404 Permit
......................... On-site Wastewater Permit
Active Connection to Sanitary Sewer System
NPDES Permit (including stormwater)
Non-discharge Permit
Water Supply Watershed Variance
Others (specify) -- __
Part 2: Proposed Activity
(Please include attachments if the room provided is insufficient.)
Description of proposed activity [Also, please attach a map of sufficient detail (such as a plat
map or site plan) to accurately delineate the boundaries of the land to be utilized in carrying
out the activity, the location and dimension of any disturbance in the riparian buffers
associated with the activity, and the extent of riparian buffers on the land. Include the area
of buffer impact in ft2.:
.... . ... ._ .
2. State reasons why this plan for the proposed activity cannot be practically accomplished,
reduced or reconfigured to better minimize or eliminate disturbance to the riparian buffers:
"General" Variance Application Form, page 2
Version 1: May 2001
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3. Description of any best management practices to be used to control impacts associated with
the proposed activity (i.e., control of runoff from impervious surfaces to provide diffuse flow,
re-planting vegetation or enhancement of existing vegetation, etc.):
4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
Rule.
(2) How these difficulties or hardships result from conditions that are unique to the property
involved.
e 4,1Ywc4 k-ti ke 4-
(3) If economic hardship is the major consideration, then include a specific explanation of the
economic hardships and the proportion of the hardship to the entire value of the project.
Part 3: Deed Restrictions
By your signature in Part 5 of this application, you certify that all structural stormwater best
management practices required by this variance shall be located in recorded stormwater
easements, that the easements will run with the land, that the easements cannot be changed or
deleted without concurrence from the State, and that the easements will be recorded prior to the
sale of any lot.
Part 4: Agent Authorization
If you wish to designate submittal authority to another individual or firm so that they may provide
information on your behalf, please complete this section:
Designated agent (individual or firm):
Mailing address: e tr -
- ----
City, State, Zip: lf.?._?ti?4?.?.?
Telephone:
"General" Variance Application Form, page 3
Version 1: May 2001
Fax:
Email: ??--
Part 5: Applicant's Certification
I, - (print or type name of person
listed in Part I, Item 2), certify that the information included on this permit application form is
correct, that the project will be constructed in conformance with the approved plans and that the
deed restrictions in accordance with Part 5 of this form will be recorded with all required permit
conditions.
Signature:
Date:
Title:
NC Division of Water Quality (DWQ)
401 Wetlands Certification Unit
2321 Crabtree Blvd, (LOCATION)
165() Mail Service C:entc,r (MALI I N G AI)I:)IR NN)
Raleigh, NC 27699-1650
[phone] (phone)
htth:lih2o.enr.state. nc.ustrac vteHancls/
RALEIGH REGULATORY FIELD OFFICE
US Army Corps of Engineers
6508 Falls of the, NOLIse Road, Suite 120
Raleigh, North Carolina 17615
General Number: [phone]
httpaflwww.saw. asac;e.arrny. mii/wetlandsfregtour, htrn
WASHING I ON REGULA I ORY FIE L.1:) ()FFICE,
US Army Corps of Engineers
Post Office Box 1000
Washington, North Carolina 27883 )-1000
C;enpral Number: (252) 97-5-1616
tattp:i/www.saw.usace, army. mil,rwetlandslregtour.htm
Washington District Office
Division of Coastal Management
9,13 Washington Square Mall
Washington, NC 27889
phone: 2'52/946-6481
Morehead City District Oflir.:e,
Division of Coast;-al Man;:agerne nt
151-13 Nighwray 24
Mnreh(-,ad City, NC; 28557
phone: 252i8O8-2808
"General" Variance Application Form, page 4
Version 1: May 2001
AUTHORIZATION TO ACT AS REPRESENTATIVE FORM
I
Landowner Of record authorizes Environmental Professionals, Inc. to:
1. enter the property to gather environmental and site information, including delineation of
environmental regulatory jurisdictions;
2. enter the site with the regulatory agencies (i.e. U.S. Army Corps of Engineers,
North Carolina Division of Coastal Management, North Carolina Division of Water
Quality, etc.) as needed to review regulatory alignment(s) an
d to identify additional
regulatory jurisdictions; and
3. submit plats and other information to acquire regulatory agency confirmations and/or
approvals (U.S. Army Corps of Engineers, North Carolina Division of Coastal
Management, North Carolina Division of Water Quality, etc.).
(Please note: If the Client is not the Landowner of Record, the Client and
Landowner -MUST sign below.)
r

Date
Date
NCDWQ COASTAL GENERAL MAJOR VARIANCE ATTACHMENT
Earl S. Younce Jr.
Lot F, Jane Blount Bryant Heirs Subdivision
Ocracoke, NC
Overview
The Jane Blount Bryant Heirs subdivision was platted and recorded for
residential development on April 15, 1999.
Mr. Earl S. Younce Jr. purchased Lot F with intentions of constructing a small
cottage on the property. The original deeded access to Lot F was conceived
at the time of the subdivision by the Jane Blount Bryant heirs but the use of
the recorded right of way would impact a greater area of wetlands and
riparian buffers than by gaining access to the highground across South Gut
canal from either Winnie Blount Road or Cedar Road.
The applicant received a NCDWQ Major variance (03-0697) in June 24,
2004 for the residential development of the lot from the direction of Winnie
Blount Road with the final development and construction, pending
issuance of a CAMA permit to cross South Gut canal. The CAMA permit
process and property line and existing building issues forced the applicant
to gain access off of Cedar Road instead of Winnie Blount Road. The
CAMA minor permit (#06-06) addressed the proposed bridge and
residential development and was issued. This DWQ major variance will
request the authorization of the proposed development and realign the
driveway and the bridge crossing of South Gut Canal. The new design will
result in less impervious area than the previously approved NCDWQ
Major variance.
The proposed development is consistent with Hyde County zoning ordinances
and the lot has approval for a 3 bedroom septic; system by the Hyde County
Health Department. (Only a 2 of the 3 permitted bedroom capacity of the
septic system will be constructed). Hugh Watson of the Hyde County Health
department was contacted to verify that the septic permit was still valid and it
is permissible to only construct the system to serve two bedrooms (instead of
the permitted three) and he stated that the permit is still valid for this purpose.
PROPOSED ACTIVITIES
Construct vehicular bridge from end of maintained portion of Cedar Road
across the Tar Pamlico buffer, coastal wetlands and South Gut canal to
access the highground portion of the site. The proposed gravel driveway
(or marl, depending upon availability) would then be constructed to the
homesite. Clearing in the area of the homesite and septic system will
occur and construction of these features will commence.
The proposed project cannot be practically accomplished, reduced or
reconfigured to avoid the buffers. The proposed development is for a small
2 bedroom cottage and 2 bedroom septic system.
No access outside of the buffers exists for the property and all of the
highground on the property lies within either Zone 1 or Zone 2 of the
buffer. Strict application of the buffer rule would prevent access to the site
from any direction and prevent the placement of the home and driveway
on the property and limit ability for the applicant to use the property as it
was intended at time of purchase as a residential property. The site
configuration, coastal wetlands, 404 jurisdictional wetlands and the
existence of the canal along and within the property boundary limits the
existing highground to lying outside of the Tar-Pamlico buffers. The Tar-
Pamlico buffers were not in effect at the time of creation of the lot so the
lot design and boundary designations did not take the buffer rules into
account. The geomorphology and excavation of the man made canal also
have great effect on the landscape, existence, location and character of
the highground and the alignment of the Tar Pamlico Buffer. The transition
from highground to coastal wetlands tends to be abrupt in this location.
South Gut Canal is a canal that was apparently excavated through coastal
wetlands and highground some years ago most likely as a mosquito ditch.
2. The stormwater controls proposed for the site include the driveway and
the proposed home. The flow of stormwater derived from the gravel
driveway will be sheet flowed through the buffers. The stormwater runoff
from the small 832 SF proposed home will be collected by gutters, stored
in a 1200 gallon cistern. A 120 linear foot rip hose then allow for the
stormwater to be used for irrigation of the existing natural vegetation on
the highground and infiltration of any excess water. A cistern and drip line
was the chosen method (rather than a rain garden) in order to minimize
disturbance within the buffers as the drip line can be placed within the
existing natural vegetation and be maintained without disturbance to this
vegetation. There is less chance for introduction of or non-native or exotic
species to the site which commonly occurs in rain garden construction as
landowners typically attempt to make it part. of the landscaping. The
proposed method will preserve the natural notarance of the land end
require virtually no vegetation removal to install the drip line as it can be
woven in and around existing plants.
The property contains significant wetland areas downslope, so the small
volume of water collected by the 832 SF roof and infiltrated on the
remaining highground will not cause any significant hydrologic trespassing
on another landowner's home site or property.
3. (1) The strict application of the rule would prevent Mr. Younce from
accessing his property, constructing the small cottage and constructing a
a gravel/marl driveway to access the proposed cottage. Since all of the
highground on the property lies within either Zone1 or Zone 2 of the Tar-
Pamlico buffers, buffer impacts are unavoidable for the bridge, gravel
drive and home.
(2) The property is unique because it is isolated from any reliable public
or private vehicular access from all sides. Either coastal wetlands or the
South Gut Canal lies between the highground and any access to the
property. At the time of the subdivision creation, Lot F was not provided
with any means of access to the highground portion of the site without
wetland or buffer impacts (nor were access improvements applied for,
permitted or constructed to access Lot F at the time of subdivision
creation).
The property is also unique as it is the most inaccessible lot in the Jane
Blount Bryant Heirs subdivision and the excavation of South Gut canal
prevents overland access from Cedar Road. Less buffer impacts will
occur by using the Cedar Road access than by gaining access through the
subdivision easement.
(3) The applicant has been attempting to gain reasonable, reliable
access through many alternate routes and means since purchase of the
property in 2002. The NCDWQ Major variance was approved on June 24,
2004, but CAMA regulations and property line and existing building issues
(encroachment) on an adjoining lot prevented Mr. Younce from accessing
his property from Winnie Blount Road.
Mr. Younce then explored alternate access options from the subdivision
easement and also Cedar Road. Cedar Road was the most "permittable"
route by CAMA and also the shortest route to the proposed home. CAMA
permit #06-06 was issued for this route by the Division of Coastal
Management. The permit was challenged by adjacent riparian
landowners, but the permit was upheld in a Coastal Resource
Commission (CRC) decision.
The re-authorization of the buffer variance for the property under the new
bridge alignment shall be the final step in a 6 year long environmental
permitting process for attaining authority to access and construct a single
family residence on the parcel. The applicant has spent considerable
funds to gain authority and permits for the development of the property to
this date, and the applicant has not undertaken any unauthorized activity
and has incurred no violations on the site since acquiring ownership of the
parcel.
Prepared by:
Kendall Turnage
Environmental Professionals, Inc.
June 16, 2008
omtem _.
Ad- PROGRAM
June 11, 2008
Earl Younce Jr.
P.O. Box 7
Avon, NC 27915 Expiration of Acceptance: December 11, 2008
Project: Earl S. Younce Jr. County: Hyde
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept
payment for impacts associated with the above referenced project. Please note that this decision does not assure that the payment will
be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these
agencies to determine if payment to the NCEEP will be approved.
This acceptance is valid for sjx months from the date of this letter and is not transferable. If we have not received a copy of the
issued 404 Permit/401 Certification/CAMA permit within this time frame, this acceptance will expire. It is the applicant's
responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice will be issued based
on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the In
Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www.nceep.net.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the following
table.
River
Basin CU
Location Stream (feet) Wetlands (acres) Buffer 1
(Sq. Ft.) Buffer II
(Sq. Ft.)
Cold Cool Warm Riparian Non-Riparian Coastal Marsh
Impacts Pamlico 03020105 0 0 0 0 0 0 2,557 490
Credits Pamlico 03020105 0 0 0 0 0 0 7,671 735
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies require
mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional mitigation, the
applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The mitigation will be performed
in accordance with the Memorandum of Understanding between the N. C. Department of Environment and Natural Resources and the
U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Valerie Mitchener at [phone].
Sincerely,]
t1D.::Gilmore, PE
Director
cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit
Tom Steffens, USACE-Washington
Kyle Barnes, NCDWQ-Washington
Kendall Turnage, agent
File
ZZutOYl.K?5... 'E... prim", our -ftia&
??A
IRMENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT ci Py
Action Id. 2008-01817 i County: Hyde U.S.G.S. Quad: Ocracoke
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Agent: Earl S. Younce Jr.
Address: Post Office Box 3
Avon. North Carolina
27912
Telephone No.: 252-995-2912
Property description:
Size (acres) 5.76 acres Nearest Town Ocracoke
Nearest Waterway Pamlico Sound River Basin Tar-Pamlico
USGS HUC 03020105 Coordinates N 35.107831 W -75.980482
Location description Lot F. Jane Blount Bryant Heirs Subdivon Occacoke. North Carolina
Indicate Which of the Followin Aunly:
A. Preliminary Determination
Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have
this property inspected to determine the extent of Department of the Amry (DA) jurisdiction. To be considered final, a
jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action
under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331).
B. Approved Determination
_ There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or
our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X There are waters of the U.S. including wetlands on the above described property subject to the permit requirements of
Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
_ We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our
present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely
delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps.
The wetland on your property have been delineated and the delineation has been verified by the Corps. We strongly
suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps.
Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property
which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed
five years.
X The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat
signed by the Corps Regulatory Official identified below on 6/5/2008. Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
_ There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(LAMA). You should contact the Division of Coastal Management in Washington, NC, at [phone] to determine
their requirements.
Page 1 of 2
Action Id. 2008-0181-7
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact Tom _Steffens at 252-975-1616 ext. 25.
C. Basis For Determination J
This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual and is part of a broad
continuum dfwetlands abuttin Pamlico Sound
D. Remarks
E. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in
B. above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
District Engineer, Wilmington Regulatory Division
Attn:Tom Steffens, Project Manager,
Washington Regulatory Field Office
Post Office Box 1000
Washington, North Carolina 27889
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for
appeal under 33 CFR part 331.5, and that it has been received by the District Office within 60 days of the date of the NAP.
Should you decide to submit an RFA form, it must be received at the above address by 08/05/2008.
**It is not necessary to submit an RFA form to the District Office if you do not object to the determination in this
correspondence.**
?s
Corps Regulatory Official: ?j ask---/
Date 06/05/2008 Expiration Date 061051,1013
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to
do so, please complete the Customer Satisfaction Survey located at our website at hLtp://r-,Jzulatory.usacesurvey.com/ to
complete the survey online.
Copy furnished:
Kendall Tu mage, Environmental Professionals Inc.
Page 2 of 2
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Name: OCRACOKE Location: 035° 06' 28.37" N 075° 58' 26.66" W
Date: 5/1/2008 Caption: Subject Site
Scale: 1 inch equals 2000 feet EPI #: 05-196
Copyright (C) 1998, Maptech, Inc
05/05/2008 10:47 FAX
JAN. -28' 08NON) 16:26
[a 002/010
HYDE CO HEALTH DEPT TEL:[phone] PAO/
HYDE COUNTY HEALTH DEPARTMENT
PA lkm 100 Swan Qum'1 w, WC 2788
Telephone Ift [phone]
DIVISION of ENVIRONMENTAL HEALTH
AUTHORVATION FOR WASTEW)'ATER.
SYS'T'EM CONSTRUCTION
installation: )ovc E nAw:
permit #': 83104-1
owner. Earl S. Younce, ar.
Addrew P.O. 7, Avon, NC 77915
Phone No.; (752) 995^4173
pr pBft Lmmtrion: Lot #i= Bryant Heirs 5/D, Ocracoke
No. of Bedrooms: 3
Buelnew (No. Of pe00% OWW? eft.) : 6 MO -
PA"
Date: August 31, 2004
svsft n Classi nc`?l W.- Yap., VOW mu 98 1.R3, pUraft pent Blo?l ,, T`yRir+ A
wasteoter Flow: 360 gpd
Water Source& private w611
05/05/2008 10:48 FAX [phone]
JAN. -28' 08NON) 16; 26 HYDE CO HEALTH DEPT TEL:[phone] P. 008
AUTHORWATION FOR WASTEWATER
SYSMM CONS UC ION
EARL S. POUNCE, JR.
PACE 2
CONDMONS¢
1. Installation of the wastewater syOrn shall be in strict accordance with the
improvement Permit #83104-1 and all speafkatlons thereof.
"The estimated life of the peat media is currently 15 years. The media may need to
he replaced, in part or In fill, in order to maintain specified treatment standards."

This Autfrori?r?aYion For Wastla?mmr, s?ysmm consbudkm shad he valid for 5 years from
the date of Issuance.
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05/05/2008 10:48 FAX
JAN,-28'08(MON) 16:26 HYDE CO HEALTH DEPT TEL:[phone]
HYDE COUNTY HEALTH DEPARTMENT
PUMP & CONTROL PANEL SPECIFICATIONS
PEAT BIO FILTER BY BORD NA MONA
Earl S. Yaunce, Jr.
POEMS * 11104-1
I. The pump shall be capable of pumping a minimum of IQ
. 9 a TON of JM,RR , (Use zoller 88 or equal.)
2. The dose volume shall be 1/12 of the daily flow [30
aallans/daseT. Set pump fleets to draw down i.s"'.
3. Pumps run time shall be set for 1 Minute (thaord_ tiral) and
pump off time shall be 3 ho?um1
4. Install a simplex Control panel with prograrnable tirnero
elapsed time meWr, event counter, and audible/visible,
alarm. Enclosure shall be NEMA 4-X.
10004/010
P. 009
5. The pump and the alarm shall be on separate circulta.
05/05/2008 10:48 FAX

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THIS COMMISSIONER'S DEED, made this the day of i,
2002, by ARTHUR E. COCKRELL, CHARLES W. OGLETREE AND J HN S.
FLETCHER, II, Commissioners of the Court, Grantors, to EARL S. YOUNCE, JR. of
P. O. Box 7, Avon, North Carolina 27915, Grantee:
WITNESSETH
WHEREAS, under and by virtue of that certain order of sale entered in the
proceeding entitled Mattie Hines Downing Hunter, Petitioner Vs. Annie Laurie Bryant, et als,
pending in the Office of the Clerk of Superior Court of Hyde County, said Proceeding being
File No. 95 SP 17, the Grantors, as Commissioners, ol'the Court, offered for sale at public
auction on April 8, 2002, at the Hyde County Courthouse, the hereinafter described lot of
land; and
WHEREAS, at said sale, Earl S. Younce, Jr. was the last and highest bidder
in the sum of Eighty't'housand Dollars ($80,000.00); and
WHEREAS, said sale remained open for ten (10) days without increase or
upset bid and the Clerk of Superior Court of Hyde County has confirmed said sale and
ordered the undersigned Commissioners of the Court to execute a Commissioners' deed to
Earl S. Younce, Jr., upon receipt from him of the sum of Eighty Thousand Dollars
($80,000.00); and
WHEREAS, the said Earl S. Younce, Jr. has requested the Grantors to
execute said decd to the Grantee; and
WHEREAS, he has paid to the Commissioner, John S. Fletcher, 11, Eighty
Thousand Dollars ($80,000.00), the receipt of which is hereby acknowledged.
NOW THEREFORE, in consideration of the premises and the receipt of
Eighty Thousand Dollars ($80,000.00) as above stated, the Grantors have and do hereby
convey unto the Grantee, his heirs and assigns, in fee simple, that certain tract or parcel of
land lying and being in Ocracoke Township, Hyde County, North Carolina, more particularly
described as follows;
Being all of Lot F as shown on plat entitled "...Jane Blount Bryant Heirs, .
" drawn by Manson Ray Meekins, P. L. S. under the date of April 8, 1999,
a copy ol'which is recorded in Plat Cabinet C, Slide 651 of the Hyde Registry
and incorporated herein by reference for a more complete description.
TO HAVE AND TO HOLD unto the Grantee in as full and ample a manner
as the Grantors are empowered to convey the same, sub{ect to 2000 and subsequent ad
valorem taxes.
THIS CONVEYANCE is being made without warranty of any kind or
character.

05/05/2008 10:49 FAX
f@ 008/010
BOOK 188 IMAGE 280

IN WITNESS W'HERE'OF, the Grantors, as Commissioners have hereunto
set their hands and affixed their seals this day and year first above written.
(SEAL)
ARTHUR E. COCKRELL
Commissioner
STATE OF NORTH CAROLINA
COUNTY OF W4M NG7a#J
(SEAL)
CHARLES W. OGL TREE
Commissioner
(SEAL)
JOHN S. TCHER, It
Commissioner
1, ? A&I ?? yrr?? , a Notary Public in and for said county and
state do hereby certify that ARTHUR E. COCKRELL, as Commissioner, appeared before
me this day and acknowledged the due execution of the foregoing; instrument.
Witness my hand and Notarial Seal this the 2,q-kA day of -PPj L- , 2002•
My commission expires: -7111a 5
STATE OF NORTH CAROLINA
COUNTY OF `-r ,
NOTARY PUBLIC
WASHINGTON COUNTY N.C.
-) , a Notary Public in slid for said county and
state do hcre?6y certify that CHARLES W. OGLETREE, as Commissioner, appeared
before me this day and acknowledged the due execution of the foregoing; instrument.
Witness my hand and Notarial Seal this the /-AV day of ST . .2002.
?Jf?l•??Ci,ai. of•:AL
Nodh Caroulm • Washing-ton Coon
MARTHA BLOUNT R. SIMPSON Notary Public
My c s1&- . 4y
STATE OF NORTH CAROLINA
Notary Public in and for said county and
state do hereby certi that JOHN S. FLETCHER,11, as Commissioner, appeared before
me this day and acknowledged the due execution of the foregoing; instrument.
COUNTY OF HYDE
N tsry blic it my I SULLIVAN
05/05/2008 10:49 FA%??sy
COUNTY OF 45H1NG7oti1
[a 009/010
i, Zcby T. Sc?A VAN , aNotary Public in and for said county and
state do hereby certify that ARTHUR E. COCKRELL, as Commissioner, appeared before
me this day and acknowledged the due execution of the foregoing instrument.
Witness my hand and Notarial Seal this the 23AA day of P?2t? .._.%2002.
_(" J, A4-4)??
N tart' tic JUDY I. SULLIVAN
My commission expires: '7//1/05 NOTARY K OW
wASHiNGTON GOUNW N.C.
STATE OF NORTH CAROLINA
COUNTY OF qA jA41._ ./
1, 0&X __ _. , a Notary Public in and for said county and
state do hey certify that CHARLES W. OGLETREE, as Commissioner, appeared
before me this day and acknowledged the due execution of the foregoing instrument.
Witness my hand and Notarial Seal this the /.,Q/ day of? Vd,v , 2002.
10FHOA1. 6EAL
North Carolina . Washntgion County.
MARTHA BLOUNT R. SIMPSON
My c NoTARup??/ - dY
Notary Public
STATE OF NORTH CAROLINA
COUNTY OF HYDE
a Notary Public in and for said county and
state do hereby certii' that JOHN S. FLETCHER,11, as Commissioner, appeared before
me this day and acknowledged the due execution of the fore oing instrument.
;..?f mL'eiha?rnd??nN>> Sri°I A[c..•hP `? ?c;a?'..Qf' , 2002.
lkl??,
Notary P tic O 7
My commission expires: "we ~v
sa
05/05/2008 10:50 FAX
zz--
NORTH CAROLINA
HYDE COUNTY
0010/010
M 196 PAGE 291
The foregoi certificates of LA,
c
and
Notaries Public in and for said c ties and state, are 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 Hyde County, North Carolina, in Real Estate Book !$,? , at Page
This theday of 2002 at _,;;lb? o'clock
Register of Deeds
Hyde County, North Carolina