20052023 Ver 1_Complete File_20050114

J
Issued to Darden J. Eur6, Jr.., 207 Lands End Road, Morehead City, NC, 28557
Permit Class Permit Number
NEW 194-06
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources W ?
and
Coastal Resources Commission t S- C) a 3
Lit - o
for
X Major Development in an Area of Environmental Co ??
• pursuant to NCGS 113A-118
Excavation and/or, filling pursuant to NCGS 113=229 o ?R ;VAi L
yr7CPN0s 8140 4, OQiA , r.,:,
Authorizing development in' Carteret County at Bogue Sound, 4011 Arendell St., Morehead
(amity , as requested in the permittee's application dated 6/11/05 (MP-1 & MP-4). 7/9/05
(MP-3) 11/15/05 (MP-5) inc att workplan drawings (6) 3 dated 6/10/05 1 dated 12/30/05 ldated 9/24/06, & 1 dated 11/17/06.
This permit, issued on November 27, 2006 , is subject to.compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subiect to fines. imbrisonment or civil action; or may cause the permit to be null and void.
Upland Development
1) Unless specifically altered herein, this permit authorizes. only the grading and other land disturbing
activities associated with the development of the property located at 4011 Arendell St. in Morehead City
adjacent to Bogue Sound, including the construction of three buildings totaling 60 condominium units,
the entrance off of Arendell St., the parking areas totaling 128 parking spaces, and the swimming pool
with associated concrete deck, all as expressly and specifically set forth in the attached permit
application forms and drawings. Any additional land disturbing activities and/or construction may
require a modification of this permit. Contact a Division of Coastal Management representative at (252)
808-2808 for this determination.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit shall be accessible on-site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work shall cease when the permit expires on
December 31, 2009
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DENK and the
Chairman of the Coastal Resources Commission.
3c_'? (/
Charle nes, Director
/vision of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Darden J. Eure, Jr.
ADDITIONAL CONDITIONS
Culvert Placement
Permit # 194-06
Page 2 of 4
2) This permit does not authorize any excavation of the ditch other than that necessary to set the culvert.
3) Appropriate bedding material shall be placed beneath the culvert to prevent structural subsidence.
Sedimentation and Erosion Control
NOTE: A Sedimentation and Erosion Control Plan shall be required for this project. The applicant shall
submit the plan to the Department of Environment and Natural Resources, Land Quality Section,
127 Cardinal Drive Extension, Wilmington, NC 28405.
4) Appropriate sedimentation and erosion control devices, measures or structures shall beImpleme. to
ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence,
diversion swales or berms, etc.).
Stormwater Management
5) The N.C. Division of Water Quality approved this project under stormwater management rules of the
Environmental. Management Commission under Stormwater Permit No. SW8051116 on 7/12/06. Any
violation of the permit approved by the DWQ shall be considered a violation of this CAMA permit.
Docking Facility
6) This permit authorizes the pier and docking facility, all as expressly and specifically set forth in the
permit application and attached workplan drawings. No other structure, whether floating or stationary,
shall become a permanent part of this docking facility without permit modification. No non-water
dependent uses of structures shall be conducted on, in or over public trust waters without permit
modification.
7) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
-- --docking facility. Any sewage discharge-at the docking facility shall be- considered-a-violation of this
permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout
the entire existence of the permitted structure.
8) All portions of the walkway/pier located over Coastal Wetlands shall not exceed a width of 6 ft. and
shall be slatted and elevated a minimum of 3 feet above the marsh substrate as measured from the
bottom of the decking.
9) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable
waters at or adjacent to the authorized work.
10) The permittee shall maintain the authorized work in good condition and in conformance with the terms
and conditions of this permit. The permittee is not relieved of this requirement if he abandons the
permitted activity without having it transferred to a third party.
-" Darden J. Eure, Jr. Permit # 194-06
Page 3 of 4
ADDITIONAL CONDITIONS
11) This permit does not authorize the interference with any existing or proposed Federal project, and the
permittee shall not be entitled to compensation for damage to the authorized- structure or work, or injury
that may be caused from existing or future operations undertaken by the United States in the public
interest..
12) The permittee•shall install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent
reflectors shall be attached to.the structure in order to make it more visible during hours of darkness or
inclement weather.
.
13) This permit authorizes a maximum of 10 docking spaces. At no time shall more than 10 vessels be
moored or docked at the facility. The restriction of the number of vessels shall apply to all marine
vessel types, including but not limited to motorboats, sailing vessels and personal watercraft.
NOTE: Any, proposal to add one or more additional boat slips to the authorized 10-slip facility shall
require that the docking facility be classified as a marina, and shall therefore require a review
under the N.C. Environmental Policy Act (NCEPA).
NOTE: In order to minimize impacts to a shoal in the area as well as provide safer boating to users of the
docking facility, DCM encourages the permittee to mark the access channel to the docking
facility. Should the permittee wish to provide such a marked channel, contact the Division of
Coastal Management at [phone] for additional authorization.
NOTE: Boats utilizing the docking facility shall be subject to frequent wavewash from passing vessels.
The issuance of this permit does not relieve the permittee from taking all proper steps to ensure
the integrity of the structure and the safety of moored boats. The permittee shall not hold the
State of North Carolina or the United States liable for any damage to the structure or moored
boats.
Shellfishing Closure
14) The waters adjacent to the permitted project are classified by the Marine Fisheries Commission as
"Open" to the harvesting of shellfish. The construction and/or operation of the authorized facilities shall
not directly result in a closure of these open waters. Any such permanent closure directly attributable to
the authorized development shall require that the permittee undertake remedial actions to remedy the
situation. Such actions may include, but are not limited to, a removal of any unauthorized slips or
mitigative measures to reduce or eliminate the cause(s) of the closure.
Darden J. Eure, Jr. Permit # 194-06
Page 4 of 4
ADDITIONAL CONDITIONS
General
15) The permittee understands and agrees that, if future operations by the United States requires the
removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the
opinion of the Secretary of the Army or-his authorized representative, said structure or work shall cause
unreasonable obstruction to free navigation of the navigable waters, the permittee shall be required,
upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or
obstructions caused thereby, without expense to the United States or the state of North Carolina. No
claim shall be inade against the United States or the state of North Carolina on account of any such
removal or alteration.
16) No coastal wetlands shall be excavated or filled, even temporarily.
17) As required by the US Army Corps of Engineers, a portion of wetlands on the eastern side of the
property (not including authorized project wetland fill area) as depicted on the September 11, 2006,
Plans for Sound Water Landing and as depicted on the survey plat dated August 16, 2005 and re-verified
by the US Army Corps of Engineers on September 28, 2005, shall be maintained in their natural or
mitigated condition as stated in the restrictive covenant. No person or entity shall fill, grade, excavate,
or perform any other land disturbing activities; nor construct any structures, nor allow animal grazing or
watering or any other agricultural use on such conservation area.
18) ' As required by the US Army Corps of Engineers, the master declaration of covenants and restrictions
within Sound Water Landing detailing property control on further wetland disturbance, shall be executed
and recorded with Carteret County Register of Deeds prior to any subsequent selling or developing the
property. This record shall include the US Army Corps of Engineer verified wetland survey depicting
the location of all waters and wetlands within the boundary. of the subdivision. The permittee shall .
provide the US Army Corps of Engineers and the Division of Coastal Management with a copy of the.
recorded restrictive covenants within 30 days of their recordings. The master declaration relating to
wetlands cannot not be amended or modified without the express written consent of the U.S. Army
Corps of Engineers, Wilmington District.
NOTE:---- The North Carolina- Department of Transportation issued Access Permit D-2206020 on 3/14/06.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non-water
dependent activities are not authorized within 30 feet of the normal high water level.
NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water
Quality Certification No. 3400 (DWQ Project No. 052023), which was issued on 2/21/06.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No.
200600291.
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
o ?c
Darden J. Eure, Jr.
207 Lands End Road
Morehead City, NC 28557
t,1AR 1 ?0106
I'.L1Ty
DWQ Project # 052023
Carteret County
SUBJECT: Approval of 401 Water Quality Certification and Additional conditions
Sound Water Landing Condominiums
Dear Mr. Eure:
You have our approval, in accordance with the enclosed conditions (WQC # 3400) to conduct the
following activity located at your property located 4011 Arendell Street Morehead City adjacent to Bogue
Sound, in Carteret County. This approval allows you to:
1. Pipe 190 linear feet of a drainageway (Waters of the US and State);
2. Fill 880 SF (0.02 Acres) of Wetlands
3. Construct a 10-slip dock and pier
This approval is only valid for the purpose and design that you described in your CAMA Major
application dated November 1, 2005 and received by the N.C. Division of Water Quality (DWQ) in the
Wilmington Regional Office on November 4, 2005 and additional information received December 30,
2005, January 12, 2006 and January 21, 2006. After reviewing your application, we have determined that
General Water Quality Certification Number 3400 covers this activity. This Certification can also be
found on line at: http://h2o.enr.state.ne.us/ncwetlands/certs.html. This Certification allows you to use
your CAMA Permit when the NC Division of Coastal Management issues it. Please keep in mind that
there may be additional Federal, State or Local regulations applicable to your project, such as (but not
limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations,
NPDES and Coastal Stormwater. In addition, this approval will expire when the accompanying
CAMA Permit expires unless otherwise specified in the General Certification.
Please be aware that if you change or modify your project, you must notify the Division
(DWQ) in writing and you may be required to send us a new application for a new certification. This
approval is for the purpose and design that you described in your application. If the property is sold, the
new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
North Carolina Division of Water Quality 127 Cardinal Drive Extension
Wilmington Regional Office Wilmington, NC 28405-3845
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Alan W. Klimek, P.E. Director
Division of Water Quality
February 21, 2006
Phone [phone] Customer Servicel-877-623-6748 One
FAX [phone] Internet: h2o.enr.state.nc.us NorthCarolina
Natudy
Page Two
Darden J. Eure, Jr.
DWQ Project # 052023
February 21, 2005
The Additional Conditions of the Certification are:
1. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre-construction Notice Application. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices, shall be performed so that no
violations of state water quality standards, statutes, or rules occur.
2. Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to this office and a copy to the 401 Oversight/Express Review
Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh,
NC, 27699-1650.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification shall expire upon
expiration of the 404 or CAMA Permit.
Please read the conditions associated with General Certification # 3400 (enclosed) and 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, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its
conditions are final and binding unless you ask for a hearing.
This letter completes the review of the DWQ Permit #052023 under Section 401 of the Clean Water
Act. If you have any questions, please telephone Joanne Steenhuis or Ed Beck at 910-796-7215.
Sincere
Alan W. Klimek, P.E.
Enclosures: GC 3400
Certificate of Completion
P-r ! ?.'
cc: Corps of Engineers Wilmington Field Office - Henry Wicker
DCM Morehead - Ryan Davenport
DCM Morehead - Doug Huggett
401 Oversight/Express Review Permitting Unit - Ian
Sound Water Dev., Co. - Darden J. Eure, III mMA PEF,
WiRO
Central Files
FW: Sound Water Landing
a`
Subject: FW: Sound Water Landing
From: "Tripp" <[e-mail]>
Date: Tue, 21 Feb 2006 11:03:43 -0500
To: "Joanne Steenhuis" <[e-mail]>
Tripp Eure
PETERSON, EURE and ASSOCIATES, P.A. .
._--.......- --- -- _....
From: Tripp
Sent: Tuesday, February 21, 2006 10:08 AM \ `?©pS
To: Joanne Steenhuis
Subject: Sound Water Landing
Dear Ms. Joanne:
Thank you for following up with me this past week.
I have confirmed with Avolis Engineering, P.A., civil engineering consultant, that the 24 inch pipe
calculation submitted is correct. Mr. Avolis informs me that 22 inch corrugated metal pipe is not
manufactured, and he anticipates that the piping is either 21 inch or some other size that has become
deformed at the end. Being that 21 inch pipe is rare, we propose to use the 24 inch pipe to make certain
that capacity is not restricted, and to provide some flexibility in the method of making the union between
the existing and new piping.
To confirm, the length of new piping will extend 190 linear feet from the point of connection to the existing
outlet.
We have calculated the area of wetlands to be disturbed by the 190 linear feet of piping as approximately
880 square feet ((190 LF * 4 FT)+(15 LF * 4 FT * 2)), or 0.02 Acres (880 SF / 43,560 SF).
It is estimated that 1,545 SF of wetlands will be preserved within the drainage way, as measured to the
northern boundary of the marsh, at the completion of the proposed construction (2,425 SF - 880 SF). Note
that various wetlands demarcations run parallel to the base of the bluff, and because they are generally
lines rather than areas, these wetlands have not been included within the above calculations. No work will
disturb wetlands along the bluff, and they too will be protected by the covenants included within the
Homeowner's Association documents.
Tripp Eure
PETERSON, EURE and ASSOCIATES, P.A.
i of 1 2/21/2006 3:24 PM
-- w.
PETERSON,
EUREAND
ASSOCIATES, PA
ARCHITECTURE I PUNNING I DESIGN
January 12, 2006
Ms. Joanne Steenhuis
North Carolina Division of Water Quality
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
RE: Sound Water Landing
Morehead City, Carteret County
Commission No: 01-05-1357
DWQ Project No: 05-2023
Dear Ms. Steenhuis:
? Fen P
JAN 17 2006
DENK - WATEk QUALITY
WETLANDS AW STC RIMATER I3WXH
We are in receipt of correspondence dated December 8 as it pertains to your request for
additional information, and this communication contains follow up information as referenced in
our December 30 correspondence.
We are currently in the permitting phase of the project, and no construction has been initiated nor
will any construction be initiated until required permits are procured.
Item 1: Reference PETERSON, EURE and ASSOCIATES, P.A. December 30 correspondence.
Item 2: Our proposed statement is as follows: "The covenants in this Section are intended to ensure compliance
with state, local and Federal 404 Wetland rules and regulations and the State Stormwater Management
Permit Number (insert Permit number) applicable to the Property (the "Stormwater Management Permit")
issued by the State of North Carolina, Division of Water Quality, or its successor agency, under NCAC
2H.1000, as in force now or in the future. The Wetland permits, the Stormwater Management Permit and
the Stormwater Regulations require that once the project is completed as permitted, the developer and Unit
Owners Association will not alter, remove or change the remaining 404 wetlands located upon the common
areas of the project, and it shall be the obligation of such Association to preserve and protect such
remaining wetlands in the future." Please advise.
Item 3: Reference PETERSON, EURE and ASSOCIATES, P.A. December 30 correspondence.
Item 4: Attached is a calculation prepared by our civil engineering consultant, Avolis Engineering, P.A., confirming
that the pipe is adequately sized for the anticipated capacity. Outlet protection is to comply with the
attached detail identified as L/C1.9. In summary, it is proposed to provide a 22 inch, corrugated metal pipe
extension to match that existing, and connection will be made by means of a precast concrete junction box
or similar approved means of connection. Please advise.
212 South Front Street
Gary W. Peterson Darden J. Eure, ill. James C. Stevens, Jr. Po Box 507
AIA AIA, NCARB AIBD New Bern, NC 28563
T 252.637.6782
owQ z doc F 252.637.6581
...
Please contact me if you require any further information.
Sinc ly,
Darde . Eure, III, AIA, NCA"
PETERSON, EURE and ASSOCIATES, P. A.
Cc: Ian McMillan ?
Rich Weaver
Avolis Engineering, P.A.
DWQ 2.doc
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PETERSON,
EUREAND
ASSOCNTES,PA
ABCINTECNBE I PLANNING 1 DESIGN
December 30, 2005
Ms. Joanne Steenhuis
North Carolina Division of Water Quality
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
RE: Sound Water Landing
Morehead City, Carteret County
Commission No: 01-05-1357
DWQ Project No: 05-2023
Q1R@PModP=p
JAN'3 2006
DENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH
Dear Ms. Steenhuis:
We are in receipt of correspondence dated December 8 as it pertains to your request for
additional information.
We are currently in the permitting phase of the project, and no construction has been initiated nor
will any construction be initiated until required permits are procured.
Item 1: Attached please find a revised site plan adjusting building footprints to minimize wetland impacts. Building
footprints have been rearranged such that 382 feet of the drainage way containing a 5 foot swath of
wetlands can be preserved along the eastern property boundary. Also, all wetlands adjoining the southern
boundary of the site are being preserved. An existing 22 inch, corrugated metal pipe conducts offsite
drainage to an outlet located approximately 10 feet inside the property line at a depth of about 10 feet below
the grade adjacent to Highway 70. Reference the attached schematic illustrating site plan revisions.
We have two motivations for requesting this limited amount of fill. The first results from our taking
NCDoT comments under advisement. Erosion at the piping outlet has created a maintenance problem
whereby the sidewalk and road bed are being undermined because of the minimal horizontal distance
between the outlet and the highway. NCDoT encourages the stabilization of this area within our planning
that will also allow the sidewalk to be further setback from passing traffic. The sidewalk is currently
located immediately adjacent to the back of curb. Our point of contact at NCDoT, New Bem District is Mr.
Rupert Fuller at telephone [phone].
The second motivation is a conscience effort to preserve stands of live oak trees that are generally located
within 100 feet of the edge of the bluff, adjacent to Bogue Sound. The revised site plan also provides
greater opportunities for preserving mature trees in the vicinity of the drainage way.
Item 2: Counsel is currently drafting Home Owners Association documents within which we agree to provide
restrictive covenants that will protect the remaining wetlands on the property from additional impacts.
Specific language will be forwarded for review once prepared.
212 South Front Street
Gary W. Peterson Darden J. Eure, Ill. James C. Stevens, Jr. Po Box 507
AIA AIA, NCARB AIBD New Bern, NC 28563
T 252.637.6782
DWQ i.doe F 252.637.6581

Item 3: We have had the wetlands delineation confirmed by Mr. Henry Wicker, Army Corps of Engineers,
Wilmington Office in revised mapping dated August 16, 2005, a copy of which is provided for your use.
Item 4: Our civil engineering consultant, Avolis Engineering, P.A., is in the process of preparing calculations
describing the anticipated outflows and the corresponding types of protectives necessary to minimize the
erosive action emanating from the pipe. It is proposed to provide a 22 inch, corrugated metal pipe to match
that existing, and connection will be made by means of a precast concrete junction box or similar approved
means of connection.
Please contact me if you require any further information.
Since ly,
Darden . Eure, III, AIA, NCARB
PETERSON, EURE and ASSOCIATES, P. A.
Cc: Ian McMillan
t?
Rich Weaver
Avolis Engineering, P.A.
DWQ Ldoc
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is 5
OF WA TFR Michael F. Easley, Governor
?O? QG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
co
r
>_ y Alan W. Klimek, P.E., Director
O Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
December 8, 2005
CERTIFIED MAIL: 7004 2890 0002 3418 1081 t7 ? ? 19
RETURN RECEIPT REQUESTED
Darden J. Eure, Jr. DEC 1 3 2005
207 Lands End Road
Morehead City, NC 28557 DENR - VVATER QUALITY
WETMDSAtVD STORWYVATER BU4CH
SUBJECT: PROJECT ON HOLD FOR
ADDITIONAL INFORMATION
Sound Water Landing
DWQ Project # 05-2023
Carteret County
Dear Mr. Eure:
This Office has reviewed your CAMA permit application and is placing your project on hold until we
receive the following additional information:
1. Please clearly explain the avoidance and minimization of the wetland impacts, namely why fill needs
to be placed in the drainageway/wetlands and that the parking spaces cannot be placed on other high
ground.
2. Please include a copy of the restrictive covenants or deed restrictions that will protect the remaining
wetlands on the property from additional impacts;
3. Please provide a copy of the signed Jurisdiction Determination signed by The Corps of Engineers.
4. Please provide this office with the proposed pipe size and engineering calculations to determine that
size. In addition, please detail what measures will be placed at the pipe outlet to minimize the erosive
action of the water coming out of the pipe
Please respond within three weeks of the date of this letter by sending this information to me in writing and to Ian
McMillian of the DWQ Central Office at 401 Wetlands Oversite Unit, 2321 Crabtree Blvd., Raleigh, NC 27604-
2260. If we do not hear from you within three weeks, we will assume that you no longer want to pursue this project
and we will consider the project as withdrawn.
This letter only addresses the application review and does not authorize any impacts to wetlands, waters or protected
buffers. Please be aware that any impacts requested within your application are not authorized (at this time) by the
DWQ. Please call Joanne Steenhuis or Ed Beck at 910-796-7215 if you have any questions regarding or would like
to set up a meeting to discuss this matter.
r
Sincerely,
r 4 i ,-
Joanne Steenhuis
Environmental Specialist III
cc: Ian McMillian -401 Oversight Doug Huggett - CAMA Morehead
Henry Wicker- Corps of Engineers Wilmington Ryan Davenport - CAMA Morehead
Darden J. Eure, III - Consultant WiRO
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone] One
An Equal Opportunity/Aff irmative Action Employer - 50% Recycled/10% Post Consumer Paper North Carolina
Natmally
vv aLUI
Subject: Sound Water Landing
From: Joanne Steenhuis <[e-mail]>
Date: Thu, 08 Dec 2005 16:14:14 -0500
To: Doug Huggett <[e-mail]>, Henry Wicker
<[e-mail]>, Ian McMillan <[e-mail]>, Rich
Weaver <[e-mail]>
I have placed Sound Water Landing on hold for additional information as of 12/8/05
DWQ Project # 05-2023
of 1 12/8/2005 4:15 PM
Q?ia
RCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
November 1, 2005
MEMORANDUM:
TO:
FROM:
SUBJECT:
Applicant:
Project Location:
20()52023
Ms. Cyndi Karoly
Environmental Biological Supervisor
Division of Water Quality
Doug Huggett
Major Permits Processing Coordinator
Nov e rr Z005
'!Aa,?f ~ar?A j
CAMA/DREDGE & FILL Permit Application Review
Sound Water Landing c/o Darden J. Eure
Carteret County: Adjacent to the Bogue Sound at 4011 Arendell Street, Morehead
City, NC.
Proposed Project: The applicant proposes to develop a 4.52-acre lot by building a 60-unit
condominium complex, installing a 10-slip dock as well as roads, utilities, and a
pool.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
November 23, 2005. If you have any questions regarding the proposed project, please contact Ryan
Davenport at [phone]. When appropriate, in-depth comments with supporting data are requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED DATE
400 Commerce Avenue, hlorehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalma agement.net
An Equal C.cpertunity 1 Affirmative Action Employer - ?% Recyc:ed 1 10% Pcst CcnsL.7-, Parer
Development Type FEE DCM % DWQ %
(143001601435100003 1625 6253 (243001602 435100095 2341)
1. Private, non-commercial
development that does not involve
5250
the filling or excavation of any 100%(S250) 0% (SO)
wetlands or open water areas:
Ii. Public or commercial development
that does not involve the filling or
$400
excavation of any wetlands or open 100%($400) 0%($0)
water areas:
III. For development that involves the
filling and/or excavation of up to 1
acre of wetlands and/or open water
areas, determine if A, B. C, or D
below applies:
M(A). For Private, non-commercial
development, If General water Quality
Certification No.3301 (see attached) 5250 100°a (5250) 0% (SO)
can be applied:
III(13): For public or commercial
development, if General water Quality
Certification No.3301 (see attached) Si00 100% (5 f00) 0°0 (50)
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 S400 60-,'.(S240) 401,a (S160)
wri"en DWQ concurrence is needed
because of concerns related to water
quality or aquatic life:
III(D). If General Water Quality
Certification No. 3301 (see attached) S400 60% (5240) 4

can not be applied: 0% (5160)
IV. For development that involves
the filling and/or excavation of more
than one acre of wetlands and/or Si75 60;0 (5285) 40°0 (S Igo)
open water areas:
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Sound Water Landing c/o Darden J. Eure
2. LOCATION OF PROJECT SITE: 4011 Arendell Street (Highway 70 East) in Morehead City, Carteret
County.
Photo Index - 2000: 41-523 grid (P14)(P15) 1995: 41-513 grid (J1)(J2)
State Plane Coordinates - X: 2671223.569 Y: 362099.122 Rover # J101715A
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE:Dates of Site Visit - October 14, 2005
Was Applicant Present - No
5. PROCESSING PROCEDURE: Application Received - cc October 28, 2005
Office - Morehead City
6. SITE DESCRIPTION:
A. Local Land Use Plan - Morehead City-----May 28, 1999
Land Classification From LUP - Developed, Conservation
B. AEC(s) Involved: CW, EW, PTA, ES
C. Water Dependent: Yes
D. Intended Use: 60 unit condo development and 10 slip dock
E. Wastewater Treatment: Existing - Municipal Sewer
Planned - N/A
F. Type of Structures: Existing - Single family home to be demolished
Planned - Condominiums, Roads, Pool and Dock
G. Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION:
FVCAVeTFn 11?YT T Un l1TTTrn

(A) Shallow Water Habitat - ? V 111.'Ll\
1800ft2 Shaded
5801ft2 Incorp
(B) Other High Ground 138,000ft2
disturbed
(C) Wetlands
Section 404 760ft2
High Marsh 102ft2 Shaded
Low Marsh 402ft2 Shaded
(D) Total Area Disturbed: 146,865 ft2
(E) Primary Nursery Area: No
(F) Water Classification: SA Open: Yes
8. PROJECT SUNLMARY: Applicant proposes to develop a 4.52 acre lot at 4011 Arendell Street in
Morehead City by building a 60 unit condominium complex. Access to the water would be gained by a
proposed 10 slip dock. Roads, utilities and a pool would also be installed at the property.
Field Investigation Report:
Sound Water Landing
Page 02
9) Narrative Description:
The project is located at 4011 Arendell St. in the Town of Morehead City, Carteret County along U.S.
Hwy. 70. The property lies directly east of the Hamtpon Inn. Bogue Sound borders the property to
the south.
The property of the proposed project is 4.52 acres in size and ranges from 0' to 25' above NHW.
Currently on the site there exists a single family home along with associated driveway and utilities
(all to be removed). There are five other out buildings on the site that encroach from neighboring
properties.
Running along the shoreline of Bogue Sound is a 60' fringe of Smooth Cordgrass (S artina
altemiflora). Adjacent to the low marsh is a 30' fringe of high marsh containing Cattails (Typha
5pD.h Wax Myrtle (Myrica cerifera ) and other wetland species. The high marsh transitions directly
into a 25' escarpment vegetated with various grasses and shrubs. There are clusters of large rip rap
along the escarpment installed under CAMA General Permit #27561. The high ground has been
landscaped and is vegetated with grass, trees and shrubs. A drainage ditch runs down the entire east
side of the property which has been delineated and approved by the USACE as Section 404 wetlands
(on file). The project is bordered to the west by the Hampton Inn and to the east by other single
family homes. There are no docks directly adjacent to the project. This property has 175' of
shoreline.
The Division of Water Quality classifies this area as SA waters. This area is not a Primary
Nursery Area but is open to the taking of shellfish. Morehead City's Land Use Plan dated 1999
classifies this area as Developed and Conservation. There are no shellfish leases in this area.
There are patches of SAV's in the area. Bogue Sound is approximately 1 mile wide in this area.
10) Project Description:
Sound Water Development Co. is proposing to build a 60 unit condo development on their property
at 4011 Arendell St. The condos will be divided among three buildings. Each building would be 5
stories high. A total of 138,OOOft2 of high ground would be disturbed during the construction of the
condos. A parking lot containing 128 parking spaces would surround the condos. Morehead City
sewer would provide wastewater disposal for the complex. All other utilities serving the complex
would be installed underground. Along the east side of the property the applicant proposes to culvert
and fill a 190'X4'(760ft2) section of the drainage ditch for the placement of one of the condo
buildings. A 30'X50' swimming pool would be placed on the southeastern corner of the property to
serve residents and guests of the condos. A 10'-20' wide concrete deck would surround the pool.
In order to provide water access for the condos, the applicant is proposing a 10 slip dock extending
into Bogue Sound. A 6' wide wooden boardwalk would run for 200' before reaching the coastal
marsh. The dock would then cross 20' of high marsh and 65' of low marsh. Once entering open
water the dock would extend another 160' before reaching a 20'X30' platform. The 10 slip dock
would have 5 finger piers that are 4'X12' each and twelve mooring pilings. The mooring pilings
would be located 12' off the end of each finger pier. The proposed dock would extend a total of 260'
Field Investigation Report:
Sound Water Landing
Page 03
from Normal High Water. Water depths at the end of the proposed dock average -3' at Normal Low
Water.
10. Anticipated Impacts:
The proposed development at 4011 Arendell St. would result in 5,801 ft2 of open water
incorporated of which 1,800 ft2 would be shaded. A total of 180,000 ft2 would be disturbed on
high ground and 760ft2 of Section 404 wetlands would be filled. There will be no impervious
area within the 75' AEC. The proposed dock would shade 102ft2 of high marsh and 402ft2 of low
marsh. An increase in turbidity would occur during the construction of the dock. There should
be little hazard to navigation.
Name James Ryan Davenport Date October 28, 2005 Morehead City
Form DCNt-MP-1
APPLICATION
(Ib be completed by all applicants)
b. City, town, community or landmark
Morehead City
1. APPLICANT
c. Street address or secondary road number
4011 Arendell Street
a. Landowner: Darden J. Eure, Jr.
Name Darden J. Eure, Jr.
Address 207 I ands End Road
City Morehead Cit?State NC -
Zip 2x3557 Day Phone [phone]
Fax N/A
b. Authorized Agent:
Darden J. Eure, III a
Name Sound Water Development Co.
Address PO Box 507
City New Bern State NC
Zip 28560 Day Phone [phone]
Fax [phone]
C. Project name (if any)
Sound Water Iandina
NOTE: perrrdt will be issued in Warne of J?d?wncr(rJ, and/or
project nano.
2. LOCATION OF PROPOSED
PROJECT
d. Is proposed work within city limits or planning
jurisdiction? x_ Yes No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) T3nqup Sound_
3. DESCRIPTION A.'NrD PLANNED USE'.
OF PROPOSED PROJECT
List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
Three fiuildi nc?, 60 Unit Con?_
Development and vier for'llsmall,
shallow draft boats (approx 20`
length and 1 0" draft),
b. Is the proposed activity maintenance of an existing
project, new work, or both? New Work
c. Will the project be for public, private or commercial
use? Private Use -
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If more space is needed, please attach
additional pages. The purpose i s o
provide access to the water for
fishing, crabbing and day docking
for small boats. A total of 10
slips are recLuested: no dredgiing
is to be performed. -
a. County art°_prat
Form DCN1-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 4 52 Acres
b. Size of individual lot(s)_1.52 Acres/1 Ict
c. Approximate elevation of tract above J&1W or
NWLSlo es from 25.0' to 0.0'
d. Soil type(s) and texture(s) of tract
Coarse Sands
e. Vegetation on tract
TrP?S tai t 17 ?hri?hhar?? and nl an+ Arl
understory ground cover.
f. Man-made features now on tract
Si nale Famii `r Rac; rl(='n .e
g. What is the CAMA Land Use Plan land
classification of the site? (Coin Lhe??ly?dus`P?'.)
X Conservation Transitional
_ X Developed Community
Rural Other
h. How is the tract zoned by local government?
anned nPVal opmPnt Di G+ r; r-t
PD-P1
i. Is the proposed project consistent with the applicable
zoning? X Yes No
(.triads Zoning compliance eersificw,, if CPPUmble)
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
Register listed or eligible property?
Yes __X_ No
Are there wetlands on the site? X Yes No
Coastal (marsh) X Other
If yes, has a delineation bezn conducted? "Las _
(,Artad: documcr on, if avaifablc)
m. Describe existing wastewater treatment facilities.
Municipal Sewer
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, -industrial /commercial effluent, "wash
down" and residential discharges.)
Surface runoff and stormwater
from off site properties r
o. Describe.existing drinking water supply source.
Municipal Water
5, ADDITIONAL r FORINIATION
In addition to the completed application form, the
following items must be submitted:
• A copy or the deed (with state application only) or
other instrument under which the applicant claims title
to the affected properties. If the applicant is not
claiming to be the owner of said property, then
forward a copy of the deed or other instrument under
which the owner claims title, plus written permission
from the owner to carry out the project.
• An accurate, dated work plat (including plan view
and cross-sectional drawings) drawn to scale in black
ink on an 8 1/2" by II" white paper. (Refer to
Coastal Resources Commission Rule 71.0203 for a
detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
prints or other larger plats are acceptable only if an
adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of
Engineers regarding that agency's use of larger
drawings.) A site or location map is a part of plat
requiremeats and it must be sufficiently detailed to
guide agency personnel unfamiliar with the area to the
Form DCM-MP-1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
6. CERTIFICATION A.ti7D PERMISSION
TO ENTER ON LAND
• A Stormwater Certification, if one is necessary.
• 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 to submit comments
on the proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
Name Ha
Address nn n-,. ?_203
Phone Rock Mount NC 27802
Name • Pete Miller Fami Y
Address PO Box 98 / 41 1 Greenridae
Phone Snow Hill, NC- 28580
Name
Address
Phone
1 understand that any permit issued in response to this
application will allow only the development described in
the application. The project will be subject to conditions-
and restrictions contained i- the permit.
I certify that to the best of my knowledge, the proposed
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 fad,
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 certify that the information provided in this
application is truthful to the best of my knowledge.
This is the 11 day of June XX 20.05
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
CAMA Bluff Stabilization Permit,
Permit No. 27561
• A check made payable to the Department of
Environment, Health, and Natural Resources
(DEHN-R) to cover the costs of processing the
application.
• A signed AEC hazard notice for projects to
oceanfront and inlet areas.
• A statement of compliance with the N.C.
Environment-at Policy Act (N.C.G.S. 113A - I to
10) If the project involves the expenditure of public
funds or use of public land's, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.
. Eure III
Print Name DJa
Signature
oiz ed agent
(mu+
please indicate attachmeots pertaining 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 a:nd Culverts
DCM NIP-6 Marina Development
NOTE: Please sign and dare each attachment in the
space provided at tax borrorn of each form.
Form DChi-NIP-3
UPLAND
D]y[K'V1_r[!_1JL0PMENT
(Construction and/or land disturbing activities)
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 m.hrge Buildings/60
Units, Pool Facilities, Boardwalk
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 Will be Submitted
i. Describe proposed method of sewage disposal.
Municipal Sewer-
b. Number of lots or parcels 1 I
c. Density (give the number of residential units and the
units per acre) 60 Units/4.54 Acres
13.3 Units/Acre
d. Size of area to be graded, filled or disturbed
including roads, ditches, etc. 4.54 Acres
less designated Natural apace
and Open Space
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? Yes X No
If yes, date submitted Will be Submitted
j. Have the facilities described in Item i. above
received state or local approval? No
(Attach appropriate documentation)
k. 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 and stnrmwat-Pr
from off site properties
1. Describe proposed drinking water supply source
(e.g. well, community, public system, etc.)
Municipal Water
m
f. List the 'materials (such as marl, paver stone,
asphalt, or concrete) to be used for paved surfaces. n
Alpha and Concrete for Parking,
_Concrete walks and pool deck,
Elevated wood Boardwalk in AEC
g. Give the percentage of the tract within 75 feet of
NIHW 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. 0% Impervious
20 Built Upon
Will water be impounded? X Yes No
If yes, how many acres? Per Stormwater
Permit Requirements
If the project is a oceanfront development, when `
was the lot(s) platted and recorded? N/A
Darden Eure III
Applica? 'ec 'am
Signature
9th day of July. 2005
Date
Form DCN1-1NiP4
STRUCTURES
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major e. Mooring buoys N/A
Permit, Form DCM-MP-1. Be sure to complete all (1) _ Commercial -Community _ Private
other sections of the Joint Application which relate to (2) Number
this proposed project. (3) Description of buoy
(Color, inscription, sue, anchor, etc.)
a. Dock(s) and/or Pier(s)
(1) _ Commercial X Community _ Private
(2) Number One
(3) Length 2 60 ' .::from HWM
(4) Width 61
(5) Finger Piers X - Yes No
(i) Number Five
(ii) Length 12'
(iii) Width 4'
(6) Platform(s) X Yes No
(i) Number One
(ii) Length 30'
(iii) Width 20'
(7) Number of slips proposed 10
(8) Proximity, of structure to adjacent riparian
property lines Minimum of 100'
(9) Width of water body One Mile
(10) Water depth at waterward end of pier at
h4LW or NWL 2.5' to 3'
b. Boathouse (including covered lifts) N/A
(1) Commercial Private
(2) Length
(3) Width
c. Groin (e.g. wood, sheetpile, etc.) N/A
(1) Number
(2) Length(s)
d. Breakwater (e.g. wood, sheetpile, etc.) N/A
(1) Length
(2) Average distance from MHW, NWL or
wetlands
(3) Maximum distance beyond MHW, NWL or
wetlands
(4) Width of water body
(5) Distance buoy(s) to be placed beyond
shoreline
f. Mooring structure (boatlift, mooring pilings, etc.) N/A
(1) _ Commercial X Community _ Private
(2) Number 12 Mooring Pilings
(3) Length ? 1 ' (S 1 ; D I ength )
(4) Width 15 (S1io Width)
g. Other (Give complete description)
N/A
Darden J. Eure, III
Sound Water Development Co.
Applicant
Signature
Date
Revised 03/95
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Length: 1902" 5.84 m
Beam: 719" 2.36 m
Transom: 20" 51.28 cm
Approx. Weight: 1600 Lbs. 681 kg
Fuel Capacity: 60 Gals. 2271
Maximum HP: 150 HP 110 kw
Recommended HP: 115-150 HP
Dead Rise: 150 150
Draft: 10" 25.64 cm
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75' AEC
PETERSOR
EUREAND
ASSOCIATES, PA
ARCHITFUIRE I PI-ANNING I DESIGN
c
P.O.PEFERSON, EURI
AND AcSOCIATES,
BOX 507 NEW BERN, NORTH CAROLINA 28563
PHONE: [phone] FAX: [phone]
0 rOrYRTGHT 2005 FETFRMN, EURE AND A'WFIATES. PA,
0
0.00' REPRESENTS
NORMAL LOW WATER BASED ON
VERTICAL DATUM 1998 NAVD
DETAIL SITE PLAN
1 " = 20'-0"
N
Nl )T £N
CROgcy
r�
E
BOGUE SOUND
404 WETLANDS CERTIFICATION FROM
US ARMY CORPS OF ENGINEERS
INTRACOASTAL WATERWAY
THIS CERTIFIES THAT THIS COPY OF THIS PLAT ACCURATELY DEPICTSD THE BOUNDARY OF
THE JURISDICTION OF SECTION 404 OF THE CLEAN WATER ACT UNDER THE PRESENT LAWS
AND REGULATIONS AS DETERNINED BY THE UNDERSIGNED ON THIS DATE, UNLESS THERE IS
A CHANGE IN THE LAW OR OUR PUBLISHED REGULATIONS. THIS DETERNINATION OF SECTION
404 JURISDICTION MAY BE RELIED UPON FOR A PERIOD NOT TO EXCEED FIVE YEARS.
CORPS OF ENGINEERS REPRESENTATIVE
ACTION I.U. 200501299
SITE PLAN
1" = 100'-0"
P R O J E C T T I T L E N0A. REVISION DATE DCC NO. ���� ���i���
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GATECO, PLLC .''�°���EDg'•=
N/A
SOUND WATER LANDING °��
ID NO. �V40 �; —
MOREHEAD CITY CARTERET COUNTY +tip�ry' `e��y��
N/A
C;O\ �,,�ss�� DATE: 10 -Jun -05
COMMISSION
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PETERSON Pf-JERSON, EURE AND ASSOCIATES, P.A. P R O J E C T T I T L GATECO, PLLC COMMISSION
NO. SHEET NO.
EUREAND P.O. BOX 507 NEW BERN, NORTH CAROLINA 28563 SOUND WATER LANDING
ASSOCIATES, PA PHONE: [phone] FAX: (252) 637-(i5fll qDING ID NO. N/A 01-05_1357 - A1.8 DRAWN BY
RP[IIIIECIOAI I RPNMItl61DESIGN Q coa,aicel 2005 ve.caso~~. cuac AND assay<res. ea. MOREHEAD CITY CARTERET COUNTY
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EXISTING GRADE
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PETERSON, PETERSON9 EURE AND ASSOCIATES, P . li~ P R O J E C T T I T L E
E NO. R E V I S 10 N DATE Dcc No. SEAL
EUREAND P.O. BOX 507 NEW I3rPN, NOPTII CAPOLINA 28563 GATECO, PLLC - - DATE: 10-Jun-05
COMMISSION NO. SHEET NO,
ASSOCIATES, PA PHONE: [phone]II2 FAX: [phone] SOUND WATER LANDING
AALHIIECIIIAf I PlANI11NG I DESIGN ~ COPYRIGHT 2005 PETERSON, EURE AND ASSOCIATES, P.A. JG NIA D NO. 01-05-1357_
MORE HEAD CITY C DRAWN BY 1.9 CARTERET COUNTY
NIA OF DJE III
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PETERSON, PETERSON, EURE AND ASSOCIATES, P. A. P R O J E C T T I T L E L E NO. R E V ISO DCC NO. I N DATE SEAL DATE: 10-Jun-05
COMMISSION
GATECO, PLLC EUREAND P.O. BOX 507 NEW BERN, NORTH CAROLINA 28563 SOUND WATER LANDING NO. SHEET NO.
ASSOCIATES, PA PHONE: [phone] FAX: [phone]
ING N/A ID No. 01-05-1357_ DRAWN BY Al. 10
nxrHirECmnf i viaxxinc i oesicn n coca mgr 2005 ee.casaN. cues AND associA*es, e.n MOREHEAD CITY CARTERET COUNTY
N/A DJE III OF
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