20041830 Ver 1_Complete File_20041112

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f ]'cnnit Class Permit i`;umber f
Y / 05
and
Costal Re,;wirces ('omniission D
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for
R 1 5 2005
Y Major Development in an Area of En"" ittoot?}wow. `41?r
pursuant to NCGS I I3A-118 ?RBUXH
Excavation and/or filling pursuant to NCGS 113-229
Issued to Island Land Co., PO Box 1610, Kitty Hawk, NC 27949
Authorizing development in Hyde County at Silver Lake, adi. NCDOT Ferry Facility
, as requested in the permittee's application dated 9/21/04, including
attached workplan drawing (1), dated 8/9/04 and revised by DCNI 3/9/05
This permit, issued on March 9, 2005 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
Docking Facility
1) The docking facility shall display a sign showing the location of the nearest pumpout facility, including
other appropriate waste disposal information, at the entrance and exit from the main pier.
2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
docking facility. Any sewage discharge at the docking facility shall be considered a violation of this
permit for which the pennittee is responsible. This prohibition shall be applied and enforced throughout
the entire existence of the permitted structure.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the pennittee 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 must 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 must cease when the permit expires on
December 31, 2008
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 DENR and the
Chairman of the Coastal Resources Conunission.
Charles S. Jones, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
OW
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Island Land Co. Permit 1136-05
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boundary line is shown on the attached workplan drawing (see insert titled "Pier and Slip Detail). 'fills
line was determined based upon the authority provided by 15A NCAC 07H.0208(b)(6)(L), which states
that when shoreline configuration is such that a perpendicular alignment cannot be achieved, the pier
shall be aligned to meet the intent of this Rule to the maximum extent practicable.
4) The alignment of the adjacent riparian corridor boundary lines shall be staked by the permittee and
approved by a representative of the Division of Coastal Management prior to the start of any
construction. The pier and associated structures shall have a minimum setback distance of 15 feet
between any parts of the structure and these approved corridor boundary lines.
5) In order to ensure consistency with Conditions .3 and 4 of this permit, the permittee shall conduct an as-
built survey depicting the docking facility, property lines, NCDOT mooring clusters and riparian
corridor lines. The survey shall be submitted to the Division of Coastal Management within 60 days of
completion of the permitted project
6) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable
waters at or adjacent to the authorized work.
7) The authorized structure and associated activity shall not cause an unacceptable interference with
navigation.
8) 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.
9) This permit does not authorize the interference with any existing or proposed Federal project, and the
permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury
which may be caused from existing or future operations undertaken by the United States in the public
interest.
10) 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.
11) This permit authorizes a maximum of ten boat slips.
NOTE: Any proposal to add one or more additional boat slips to the authorized 10 slip facility, will
require that the docking facility be classified as a marina, and will therefore require a review
under the N.C. Environmental Policy Act (NCEPA).
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Island Land Co. Permit 1/36-05
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.r this permit does not relieve the permittce 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.
Easement
12) Prior to construction of any new boat slips or other docking facilities authorized by this permit, the
permittee shall apply for and receive an Easement from the Department of Administration's State
Property Office.
General
13) The permittee understands and agrees that, if future operations by the United States requires the
removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the
opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause
unreasonable obstruction to free navigation of the navigable waters, the permittee shall be required,
upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or
obstructions caused thereby, without expense to the United States or the state of North Carolina. No
claim shall be made against the United States or the state of North Carolina on account of any such
removal or alteration.
14) This permit does not authorize any excavation or filling of any vegetated wetlands or open water area.
15) This permit does not authorize any highground development. Any such future development occurring
within an Area of Environmental Concern shall require additional authorization from the Division of
Coastal Management.
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 50 feet of the normal water level.
NOTE: The N.C. Division of Water Quality.has assigned the proposed project DWQ Project No.
041830.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No.
197800056 (COE Action Id. No. 200510089), which was issued on 11/26/04.
NOTE: This permit does not convey any rights, either in real estate or material.
aft Cam74'e"I
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i
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross, Jr., Secretary
MEMORANDUM
TO: Mr. John R. Dorney
Environmental Biological
Division of Water Quality ?j
FROM: Doug Huggett D ???Q V
Major Permits Processing Coordinator NOV D
Y 2 2004
DATE: 10 December 2004 EDuMD WAT r QTy
AL
SUBJECT: CAMA/Dredge and Fill Permit Application Review
APPLICANT: Island Land Company, LLC
Quible & Associates, P.C., Agent
041830
PROJECT LOCATION: Hyde County
PROPOSED PROJECT: The applicant proposes to construct a 6'x 108' pier with an 8' x 50' T-
head platform and 7-3' x 8' finger piers to service ten slips. The dock and slips will provide
water access to hotel patrons. The property is located off NC HWY 12, on Ocracoke Island in
the northeast corner of Silver Lake, Hyde County, North Carolina
Please indicate below your position or viewpoint on the proposed project and return this form by
1 December 2004. Please contact Steven J. Trowell, at 252-948-3854, if you have any questions
regarding the proposed project. When appropriate, in depth comments with supporting data are
requested.
,n t ? ?O i
REPLY <TI office has no object ioo the project as propel ed.
This office has no comment on the proposed project.
This office approves of the proposed project only if the recommended
changes are incorporated. See attached.
This office objects to the proposed project for reasons described in the
attached com ents.
Signed Date
943 Washington Square Mall, Washington, North Carolina 27889
Phone: [phone] FAX: [phone] Internet www.nccoastalmanagement.neU
One
No hCarolina
,/ atruvllff
An Equal Opportunity 1 Affirmative Action Employer- 50% Recycled 110% Post Consumer Paper
25
Z
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross, Jr., Secretary
MEMORANDUM
TO: Tom Steffens
Bill Moore
FROM: Steven J. Trowell
DATE: 10 November 2004
OL-', FV
SUBJECT: Application for CAMA Major Permit and/or Dredge & Fill Permit
PROJECT LOCATION: Off NC HWY 12, on Ocracoke Island in the northeast
corner of Silver Lake, Hyde County, North Carolina
Attached is an application for a CAMA Major and/or a Dredge & Fill permit for Island
Land Company, LLC, which was received by me on 14 October 2004. I am considering
this application complete, have acknowledged receipt, and begun processing.
If you have any questions do not hesitate to contact me.
ATTACHMENT
sbg
943 Washington Square Mail, Washington, North Carolina 27889
Phone: [phone] FAX: [phone] Internet =Y.nccoastalmanagementnetl
Nose Carolina
Natiti-ally
An Equal Opportunity 1 Af .7native Action Employer- 50% Recycled 110% Post Consumer Paper
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Island Land Company, LLC
2. LOCATION OF PROJECT SITE: Off NC HWY 12, on Ocracoke Island in the northeast corner of Silver
Lake, Hyde County, North Carolina.
Photo Index - 2000: 90-1042;K-17 1995: 90-960; K-10 1989: 5-197-1; 1-1
State Plane Coordinates - X: 2,901,100 Y: 510,500
Ocracoke Quad. (upper left corner)
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit -10/20/04
Was Applicant Present - No
5. PROCESSING PROCEDURE: Application Received -10/14/04
Office - Washington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Hyde County
Land Classification From LUP - Community
(B) AEC(s) Involved: EW, PTA
(C) Water Dependent: Yes
(D) Intended Use: Commercial
(E) Wastewater Treatment: Septic tanks with drain fields
Planned - N/A
(F) Type of Structures: Existing - Two dwellings, metal building, and various sheds
Planned - 6' x 108'pier with an 8' x 50' T-head platform and 7-3' x 8'
finger pier servicing 10 slips.
(G) Estimated Annual Rate of Erosion: None
7. HABITAT DESCRIPTION: [AREA]
nP PnnFn FIT.T .FT) 0THF.R
(A) Vegetated Wetlands
(B) Non-Vegetated Wetlands
Silver Lake Bottom 1,084 ft2 shaded
(C) Other
Upland
(D) Total Area Disturbed: ± 1,084 ft' .02 ac.
(E) Primary Nursery Area: No
(F) Water Classification: SC Open: No
8. PROJECT SL:INEv1ARY: Applicant proposes to construct a 6' x 108' pier with an 8' x 50' T-head
platform and 7-3' x 8' finger piers to service ten slips. The dock and slips will provide water access to
hotel patrons.
Island Land Company, LLC
Silver Lake/Ocracoke
Hyde County
Project Setting
The project site is a bed and breakfast hotel known as the Berkeley Manor located
off NC HWY 12 on the northeast corner of Silver Lake Harbor off the Pamlico Sound on
Ocracoke Island in Hyde County North Carolina. HWY 12 divides the project site into
two parcels. Parcel A is 2.91 acres of highground on the landward side of HWY 12 on
which the hotel and other associated buildings are located. Parcel B is an .11-acre site
adjacent Silver Lake situated between the National Park Service dock on the north side
and a private property on the south side. The shoreline along Parcel B juts out to a point
near the center. Parcel B is a narrow strip of highground with its widest point near the
center being ±50'. It has ±165' of shoreline stabilized with riprap materials. Parcel B is
maintained as grassed lawn void of any trees or other shrubs.
Adjacent to and on the riparian line on the north side, offshore of the Park Service
dock, are four dolphin clusters that serve as part of an emergency slip for the North
Carolina Department of Transportation Ferry Service. The private property on the south
side is a peninsula stabilized by a bulkhead with a 6' x ±100' pier and associated gazebo.
The riparian area offshore Parcel B is subject to currents caused by the ferry vessel
traffic. The bottom substrate is sandy with scattered shell material. The 4' water depth
contour is located ±50' offshore. Water depths beyond 50' offshore deepen reaching 8.5'
deep at 100' offshore.
Silver Lake is classified as SC waters by the Environmental Commission and
Coastal Waters by the N.C. Division of Marine Fisheries.
Project Description
The applicant proposes to construct a 6' wide x 108' long pier with an 8' wide x
50' long T-head and 7-3'wide x 8'long finger piers servicing 10 slips. Three slips will be
16'wide x 25' long, four will be 13'wide x 20' long and three will be 16' wide x 24'
long. The three larger slips will moor stern to the 8' x 50' platform in water depths of 8'
while the other six will moor stern to the main pier structure offshore of the 4' water
depth contour.
Environmental Impacts
The dock will result in the shading of ±1,084 ft' of Silver Lake bottom.
Localized short-term turbidity will result from the pier installation. The project will
provide an increase in the number of moorings available for recreational boaters in Silver
Lake Harbor and their associated impacts.
Steve Trowell - Washington Regional Office - 15 October 2004
Oct-14-2004 09:26am From-QUIBI. &ASSOCIATES 2522611260 T-727 P.002/002 F-194
Quible
9Ulble & ASSOCIates, P.C. I P.O.Oicwar870
ratty Haw4, NC 21949
ENGNEEMNG • ENVIRONMENTAL SC ENCES LANNING • SURVEYING Ph6nor 252.201.3300
SIN" 1909 f Par: 252.261-1260
PR1NCt7AtS
Sawn C. 6cyia, PS,
October 14, 2004 Josephs, ta. C.EP.
Eduardo J. VddMaea, P.C.
Mr. Steve Trowell ASSOCWTGS
Jcseph J, MOO. P.E.
Division of Coastal Management-Washington Regional Office Ka". r" C. Marchatc, P.I.S.
943 Washington Squaws Mall oo100 s. Nan
Washington, NC 278891
Mr. Trowell:
Please find enclosed a 4vised draft Major CAMA permit application and associated documentation
proposing to construct ? pier, platform and ten slips at the Berkley Manor in Ocracoke Township, Hyde
County North Carolina. The purpose of the pier and slips is to provide docking and mooring for the
guests of the Berkley or. Current water depots will support a pier and ten slips as depicted on the
plan view plat included i[h this package.
Please note, there is no proposed upland development or filling activities associated with this permit
application. In addition there will not be any retail fuel sales or sewage disposal associated with the
slips proposed. The pies Is proposed to be six feet in width. The proposed slips are designed to
accommodate larger vessels (40') and medium or average sized vessels of 20 feet. Total square footage
associated with the fing? piers (7 C? 12 sf) and platform (400 st) is 484 square feet.
I will forward the required check for $400.00, once an Initial review has been completed by your office.
1
Please review this appli ation and notify me at 252.261.3300 with any comments or questions.
Sincerely, j
Quible & Associates, P.?.
?l
arrcn . Eadus
enc
Form DCM-NIP-1
APPLICATION
(To be completed by all applicants)
1. APPLICANT
c. Street address or secondary road number
Highway 12 and Ferry Landing, Silver Lake
Ocracoke, NC
a. Landowner:
d. Is proposed work within city limits or planning
jurisdiction? X Yes No
Name Island Land Company, LLC
Address PO Box 1610
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) Silver Lake
City Kitty Hawk State NC
Zip 27949 Day Phone [phone]
Fax [phone]
b. Authorized Agent:
Name Ouible & Associates, P.C.
Address PO Drawer 870
City Kitty Hawk State NC
Zip 27949 Day Phone [phone]
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
Development activities include the construction of a
100 feet pier, ten slips, 400 square feet platform and
7- 24 square feet finger piers for use by the guests of
the Berkley Manor.
Fax [phone]
c. Project name (if any) Berkley Manor
NOTE: Permit will be issued in name of landowner(s), and/or
project name.
2. LOCATION OF PROPOSED
PROJECT
a. County Hyde
b. City, town, community or landmark
Ocracoke
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? Commercial
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 of the construction is the creation of a
pier and slips for use by the guests of the Berkley
Manor. Construction of the pier and slips will be
through conventional methods. Daily operations will
include docking of vessels and overnight mooring for
the guests of the Hotel.
Revised 03/95
Form DCM-MP-1
Yes x No
4. LAND AND WATER
CHARACTERISTICS
1. Are there wetlands on the site? Yes x No
Coastal (marsh) Other
If yes, has a delineation been conducted?
(Attach documentation, if available)- see attached USACE
Notification of Jurisdictional Determination
a. Size of entire tract 3.10 acres
b. Size of individual lot(s) 2.91 and 0.11 acres separated
by Hwy 12.
c. Approximate elevation of tract above MHW or NWL
5' according to USGS
d. Soil type(s) and texture(s) of tract
According to the USDA Soil Survey of Hyde
County, the soils in the area are classified as Duckston
fine sands.
e. Vegetation on tract Maintained grasses, shrubs, oak
and red cedar,
f. Man-made features now on tract Berkley Manor
consists of 2 wood structures on brick pilings.
g. What is the CAMA Land Use Plan land classification
of the Site? (Consult the local land use plan.)
Conservation _ Transitional
Developed X Community
Rural Other
h. How is the tract zoned by local government?
Business
Is the proposed project consistent with the applicable
zoning? x Yes No
(Attach zoning compliance certificate, if applicable)
Has a professional archaeological assessment been
done for the tract? Yes x No
If yes, by whom9
k. Is the project located in a National Registered Historic
District or does it involve a National Register listed or
eligible property?
m. Describe existing wastewater treatment facilities.
Waste water is handled by an on site septic system.
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.) There are not
currently any discharges to the waters of the state
from the subject property. NC 12 runoff drains into
Silver Lake.
o. Describe existing drinking water supply source.
Drinking water provided by Hyde County.
5. ADDITIONAL INFORMATION
In addition to the completed application form, the
following items must be submitted:
A copy of 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 h/2" by 11" white paper. (Refer to Coastal
Resources Commission Rule 7J.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
Revised 03/95
Form DCM-MP-1
regarding that agency's use of larger drawings.) A site
or location map is a part of plat requirements and it
must be sufficiently detailed to guide agency personnel
unfamiliar with the area to the site. Include highway or
secondary road (SR) numbers, landmarks, and the like.
• 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 DOI-Cape Hatteras national Seashore
Address 1401 National Park Drive, Manteo NC 27954
Phone
Name RS Wahab/Myra Wahab
Address PO Box 129, Ocracoke, NC 27960
Phone
Name
Address
Phone
Name
Address
Phone
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
• A check for $250 made payable to the Department of
Environment, Health, and Natural Resources (DEHNR)
to cover the costs of processing the application.
° A signed AEC hazard notice for projects 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 expenditure of public funds
or use of public lands, attach a statement documenting
compliance with the North Carolina Environmental
Policy Act.
6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND
I 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 in 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 fact, 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 day of , 20 O
Print Name W IW-n) ow .5
Signature e
Lan vne orAut rued Agent
Please indicate attachments pertaining to your proposed
project.
_ DCM MP-2 Excavation and Fill Information
_ DCM MP-3 Upland Development
X_ DCM MP-4 Structures Information
- DCM MP-5 Bridges and Culverts
_ DCM MP-6 Marina Development
NOTE: Please sign and date each attachment in the
space provided at the bottom of each fonn.
Revised 03/95
Form DCM-MP-4
STRUCTURES
(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)
(1) x Commercial _Community - Private
(2) Number 1
(3) Length 100 feet
(4). Width 6 feet
(5) Finger Piers x Yes No
(i) Number 7
(ii) Length 8'
(iii) Width 3'
(6) Platform(s) X Yes No
(i) Number 1
(ii) Length 50'
(iii) Width 8'
(7) Number of slips proposed 10
(8) Proximity of structure to adjacent riparian
property lines 30' at closest point
(9) Width of water body Greater than 1.000'
(10) Water depth at waterward end of pier at
MLW or NWL - 8.5' NWL
b. Boathouse (including covered lifts) NA
(1) Commercial Private
(2) Length
(3) Width
c. Groin (e.g. wood, sheetpile, etc.) NA
(1) Number
(2) Length(s)
(1) x Commercial _Community _ Private
(2) Number 15 pilings
(3) Length
(4) Width
g. Other (Give complete description)
A total of 23 pilings are needed to complete the
slips as depicted on the attached map.
MbVO12,1
Applica t oryr lect Name
?1
Sign u
`2 /L! /04.
Date
d. Breakwater (e.g. wood, sheetpile, etc.) NA
(1) Length
(2) Average distance from MHW, NWL or
wetlands
(3) Maximum distance beyond MHW, NWL or
wetlands
e. Mooring buoys NA
(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 structure (boatlift, mooring pilings, etc.)
Revised 03/95
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Name: OCRACOKE Location: 035° 06'06.0" N 075° 58'34.6" W
Date: 8/17/104 Caption: BERKLEY MANOR
Scale: 1 inch equals 2000 feet Ocracoke Island
Hyde County
'12 57'30• 1 -113
Copyright (C) 1997, Ntaptech, Inc.
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CONSTRUCTION OF PIER AND TEN SLIPS TO SERVICE THE EXISTING BERKLEY MANOR. PAMLICO SOlM1D BY SEABOARD SURVEYING Sc PLANNING INC. JZ m ~ ~w
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PROPOSED 7 FINGER PIERS 3 X 8 TOTAL AREA 85 SF. ~ Z N W ~ N w ~ v
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