$40 would get you a program job the key is an expensive item. You can find uncut ones on ebay around $70, and then you are always risking the "ebay quality" issues.
The E70's would cost quite a bit more.

my dealership in nc told me 120 not including programming that was another 60 i think

I got quoted a price ~190 for NY/NJ, that is the going rate. So does the board suggest to just get the key fob and no programming, since its practically a financial waste? Do the dealers let you do that, I'll call later.

Thanks for any help

my e46 m3 key was $125...

The key also has to be programmed to the car as well so they probably threw in the labor for that which is usually in upwards of $100 an hour these days for a bmw mechanic.