52-17 You Can Fly LLC

Class
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
�errrYit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Permit Number
52-17
You Can Fly LLC., PO Box 1839 Nags Head NC 27959
ing development in Dare County at adi. to Roanoke Sound at 7517 South
Dare Trail, Nags Head , as requested in the permittee's application dated 12/21/16 (MP-1,3,4), "Received"
2/15/17i(MP-2), including attached workplan drawings (5), 2 dated "Revised" 2/3/17, 2 dated "Revised" 4/9/12, and I dated "Received" 3/28/17.
,his pemut, issued on April 20, 2017 is subject to compliance with the application (where
consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation
oflese terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
Upland Development
Unless specifically altered herein, this permit authorizes the grading and other land disturbing
activities associated with the development of the above referenced property, including the building,
decks, observation tower, boardwalk, fuel tank relocation, demolition activities, and other associated
infrastructure, all as expressly and specifically set forth in the attached permit application and
workplan drawings.
All portions of the relocated fuel tank shall be located over existing impervious surface or greater
than 30ft from existing normal water line.
(See attached sheets for Additional Conditions)
.on may be appealed by the permittee or other
within twenty (20) days of the issuing date.
:rmit must be accessible on -site to Department
when the project is inspected for compliance.
antenance work or project modification not covered
requires further Division approval.
cease when the permit expires on
December 31, 2020
his permit, the State of North Carolina agrees that
is consistent with the North Carolina Coastal
Program.
Signed by the authority of the Secretary of DEQ and the
Chairman of the Coastal Resources Commission.
Braxtori C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

................
Fly LLC. Permit No. 52-17 1!
Page 2 of 3
ADDITIONAL CONDITIONS
Bulkhead
bulkhead shall not extend waterward more than 2 feet from the normal water level at any point
g its alignment at the time of construction.
e alignment of the authorized bulkhead shall be approved on site by a representative of the Division
Coastal Management within a maximum of 30 days prior to the start of construction.
bulkhead shall be constructed prior to any backfilling activities.
=The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
fill material shall be clean and free of any pollutants except in trace quantities.
backfill material shall be obtained from a high ground source and confined behind the permitted
fill material to be placed below normal water level shall be confined behind the permitted bulkhead.
Docking Facility
permit authorizes only the docks, piers, and other structures and uses located in or over the water
are expressly and specifically set forth in the permit application. No other structure, whether
'ing or stationary, shall become a permanent part of this docking facility without permit
ification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust
:rs without permit modification.
sewage, whether treated or untreated, shall be discharged at any time from any boats using the
king facility. Any sewage discharge at the docking facility shall be considered a violation of this
nit for which the permittee is responsible. This prohibition shall be applied and enforced throughout
entire existence of the permitted structure.
°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 minimum, permanent
Dreflectors shall be attached to the structure in order to make it more visible during hours of darkness or
"inclement weather.
its permit authorizes a maximum of 10 formalized boat slips.
attempt shall be made by the permittee to prevent the full and free use by the public of all navigable
ers at or adjacent to the authorized work.
permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the
on approval of the Division of Coastal Management.

an Fly LLC Permit No. 52-17
Page 3 of 3
ADDITIONAL CONDITIONS
General
permittee shall maintain the authorized work in good condition and in conformance with the terms
conditions of this permit. The permittee is not relieved of this requirement if he abandons the
:fitted activity without having it transferred to a third party.
permittee and/or his or her contractor shall meet with a representative of the Division prior to
ect initiation.
This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required, including, but not limited to any permits
required by the NC Division of Water Resources.
The U.S. Army Corps of Engineers authorized the project by way.of Programmatic General
Permit 198000291 (Action ID SAW-2017-00338).
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 water level.
An application processing fee of $400 was received by DCM for this project.

Received
Jim:
lbemarle
DMEC
& ASSOCIATES, LTD.
You Can Fly, LLC
Site Redevelopment Narrative
May 2, 2012 (updated January 27, 2017)
The You Can Fly, LLC facility is located at 7517 S. Virginia Dare Trail on the causeway
in Nags Head, NC. It is a water sport rental facility with a small retail store. The parcel
was originally developed in the early 1980's as a water sports rental site and has
undergone several ownerships. In August of 2012, the site piers, docks, walkways and
buildings were severely damaged by Hurricane Irene. In addition to repairing damages,
You Can Fly, LLC sought to redevelop the site. Plans include demolition of the existing
retail building and waterfront decks, construction of a new two story wood frame
building, rebuilding the docks and tour boat moorings and enhancing the site parking.
Plan for the redeveloped site included a reduction in coverage within the 30' buffer zone
and an overall reduction of lot coverage within the Estuarine AEC. The site
enhancements also include a new wastewater treatment and disposal system which will
provide a much higher effluent quality. The use of porous concrete and new BMP's are
incorporated into the site renovations. The new building will increase the retail space
from 1000 sf to nearly 1700 sf plus a two -bedroom manager's apartment and will be
elevated higher above base flood elevation. The removal of the existing sound side
deck and relocated building should also provide better visibility of the Pamlico Sound.
The dock reconfiguration better suits the mooring of rental watercraft and tour boat
operations. The facility is open to the general public but will not allow any personal
watercraft mooring. The dockage areas will only be used for watercraft rental, tour boat,
and training operations conducted by facility personnel. A new bulkhead will be
constructed along the face of the existing bulkhead. The new bulkhead will maintain the
existing bulkhead height and will be placed no more than two feet water ward of the
existing bulkhead. The project obtained the Town of Nags Head zoning approval on
May 2, 2012 as well as a CAMA Major Permit that expired on December 31, 2015.
The site was partially restored and continued operations, although the majority of the
permitted site improvements were not constructed. Additional damage occurred to the
site in October of 2016 by Hurricane Matthew. You Can Fly, LLC now intends to
continue with the previous plan to redevelop the site and is therefore resubmitting
application packages for the Town of Nags Head as well as the CAMA Major permit.
The site plan remains virtually unchanged, with only minimal revisions to comply with
updated Town Zoning Codes. These improvements are scheduled to begin in the fall of
2017 after the summer tourist season, with completion anticipated in the Sprin ir2�8
FEB152011
Land Planning - Engineering - Environmental - Construction Management p� i n CITY
P.O. Box 3989, 115 W Saint Clair St., Kill Devil Hills, North Carolina 27948 _ M tJ'
North Carolina License No. C-1027 DCM
Phone: [phone] www.AlbamarleAssociates.com Fax: [phone]

gem Mr-1
APPLICATION for Recelvet
Mal"or Development Permit
(last revised 12/27/06)DCM-Ef3'
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/ Landowner Information
Business Name
Project Name (if applicable)
You Can Fly, Lie
You Can Fly
Applicant 1: First Name
MI
Last Name
John
Harris
Applicant 2: First Name
MI
Last Name
If additional applicants, please attach an additional page(s) with names listed.
Mailing Address
PO Box
City
State
PO Box 1839
1839
Nags Head
NC
ZIP
Country
Phone No.
FAX No.
27959
USA
252- - 441
- 4127 ext.
252-441-2498
Street Address (if different from above)
City
State
ZIP
7517 South Virgins Dare Trail
Nags Head
NC
27959-
Email
[e-mail]
2. Agent/ContractorInformation
Business Name
Albemarle &Associates, Ltd
Agent/ Contractor 1: First Name
MI
Last Name
John
M
DeLucia. PE
Agent) Contractor 2: First Name
MI
Last Name
Mailing Address
PO Box
City
State
PO Box 3989
3989
Kill Devil Hills
NC
ZIP
Phone No. 1
Phone No. 2
27948
252 - 441 - 2113 ext.
ext.
FAX No.
Contractor #
252 441 0965
Project Engineer
Street Address (if different from above)
City
State
ZIP
115 W/ St.Clair
Kill Devil Hills
NC
27948 -
Email
[e-mail]
RECEIVED
<Form continues on back> FEB 15 2017
3rhill _ noun rtTv
252-808.2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net

Form DCM MP-1 (Page 2 of 4)
APPLICATION for
Major Development Permit
3. Project Location > ,
County (can be multiple)
Street Address
State Rd. #
Dare
7517 S. Virgins Dare Trail
Subdivision Name
City
State
Zip
NA
Nags Head
NC
27959 -
Phone No.
Lot No.(s) (#many, attach additional page with list)
252 - 441 - 4127 ext.
I I I ,
a. In which NC river basin Is the project located?
b. Name of body of water nearest to proposed project
Paquotank
Pamlico Sound
c. Is the water body Identified in (b) above, natural or manmade?
d. Name the closest major water body to the proposed project site.
®Natural ❑Manmade ❑Unknown
Pamlico Sound
e. Is proposed work within city limits or planning jurisdiction?
®Yes ❑No
f. If applicable, list the planning jurisdiction or city limit the proposed
work falls within.
Town of Nags Head
4.
Site Description
a.
Total length of shoreline on the tract (ft.)
b. Size of enfire tract (sq.ft.)
342
34,304.33
c.
Size of individual lot(s)
d. Approximate elevation of tract above NHW (normal high water) or
NWL (normal water level)
(if many lot sizes, please attach additional page with a list)
4'-6' ❑ NHW or ®NW L
e.
Vegetation on tract
Sparse Grasses and Lanscape shrubs
RECEIVED
f.
Man-made features and uses now on tract
Exiting Watersports and Retail facility with parking and docks FEB 15 Z017
ITY
g. Identify and describe the existing land uses adlacen to the proposed project site.
East Vacant land
West Commercial Development
North Single Family Dwellings / Commercial
South Pamlico Sound
h.
How does local government zone the tract?
I. Is the proposed project consistent with the applicable zoning?
C2 Commercial / Outdoor Recreation Ovelay
(Attach zoning compliance certificate, If applicable)
®Yes ❑No ❑NA
J.
Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No
k.
Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ®NA
If yes, by whom?
I.
Is the proposed project located in a National Registered Historic District or does It Involve a ❑Yes ®No ❑NA
National Register listed or eligible property?
<Form continues on next page>
252.808-2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net

Form DCM MP-1 (Page 3 of4) Received APPLICATION for
Major Development Permit
m. (1) Are there wetlands on the site? DMEC❑Yes ®No
(II) Are there coastal wetlands on the site? []Yes ®No
(111) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes ❑No
(Attach documentation, If available)
n. Describe existing wastewater treatment facilities.
Exisitng Septic System with Drainfiled will be replaced with pretreatmetn units and new LPP Drainfield
o. Describe existing drinking water supply source.
Public Town of Nags Head
p. Describe existing stone water management or treatment systems.
None currently exist. New development will Install poourous concerts and BMP for builidng runoff
5. Activities and Impacts
a. Will the project be for commercial, public, or private use? ®Commercial ❑Public/Government
❑Private/Community
b. Give a brief description of purpose, use, and daily operations of the project when complete.
This is a redevelopment of an exisitng watercraft rental and retail facility. The Daily uses will be watercraft rental and
instruction, tour boats and retail sales. The use will add a two bedroom dwelling managers unit to the facility. The exisitng
dockage will be reconfigured.
c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type
of equipment and where it is to be stored.
Construction methods will be wood frame construction for the landside improvements and for construction of the new docks.
The equipment used will be typical for light frame construction including some concret removal and replacement.
d. List all development activities you propose.
Demolition and reconstruction of a new two story building, renovations and additions to the existing parking areas,
reconstruction of existing bulkhead and reconfiguration of exisitng docks and piers
e. Are the proposed activities maintenance of an existing project, new work, or both? Both
f. What is the approximate total disturbed land area resulting from the proposed project? 4000 ®Sq.Ft or ❑Acres
g. Will the proposed project encroach on any public easement, public accessway or other area Dyes ®No DNA
that the public has established use of?
h. Describe location and type of existing and proposed discharges to waters of the state.
None Anticipated
I. Will wastewater or stonnwater be discharged into a wetland? ❑Yes ®No DNA
If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No DNA
J. Is there any mitigation proposed? ❑Yes ❑No ®NA
If yes, attach a mitigation proposal.
<Form continues on back> FEB 15 2017
E)E)M MHD CITY
252.808.2808 :: 1.888.41RCOAST :: www. n c coastal management. net

Form DCM MP-1 (Page 4 of 4)
APPLICATION for
Major Development Permit
6. Additional Information
In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application
package to be complete. Items (a) — M are always applicable to any major development application. Please consult the application
instruction booklet on how to properly prepare the required items below.
a. A project narrative.
b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the
proposed project. Is any portion already complete? If previously authorized work, clearly Indicate on maps, plats, drawings to distinguish
between work completed and proposed.
c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site.
d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties.
e. The appropriate application fee. Check or money order made payable to DENR.
f. 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.
Name Town of Nags Head Phone No. 252-441-5408
Address PO Box 99, Nags Head, NC, 27959
Name Caribbean Corners Center CN Assoc., c/o Jim Nance Phone No.
Address PO Box 2247, Washington, NC, 27889
Name Phone No.
Address
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates.
h. Signed consultant or agent authorization form, if applicable.
i. Welland delineation, if necessary.
j. A signed AEC hazard notice for projects In oceanfront and Inlet areas. (Must be signed by property owner)
k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act.
7. 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 the conditions and restrictions contained in the permit.
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 1§ inform !lo i provided in this application is t uthjul to the be of owladge.
Date Print Name
�S Received
Signature
JAI+i # - 07
Please indicate application attachments pertaining to your proposed project. DM
❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts DCIUI-EC
®DCM MP-3 Upland Development RECEIVED
SDCM MP-4 Structures Information
F E13 1 5 2017
r lem MHO GIT4
252-808.2808 .. 1-888-4RCOAST .. www. n ccoasta lmanagement. net

Form DCM MP-2
EXCAVATION and FILL
(Except for bridges and culverts)
DCM-EC
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 that relate to this proposed project. Please include all supplemental information.
Describe below the purpose of proposed excavation and/or fill activities. All values should be given In feet.
Access
Other
Channel
(NLW or
Canal
Boat Basin
Boat Ramp
Rock Groin
Rock
Breakwater
(excluding
shoreline
NWL)
stabilization
Length
Width
Avg. Existing
NA
NA
Depth
Final Project
-
NA
NA
Depth
1. EXCAVATION ®This section not applicable
a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated.
cubic yards.
c. (i) Does the area to be excavated include coastal wetlands/marsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WI-)? If any boxes are checked, provide the
number of square feet affected.
[:]CW ❑SAV ❑SB
OWL ❑None
(ii) Describe the purpose of the excavation in these areas:
2. DISPOSAL OF EXCAVATED MATERIAL
a. Location of disposal area.
c. (i) Do you claim title to disposal area?
❑Yes ❑No ❑NA
(ii) If no, attach a letter granting permission from the owner
d. High -ground excavation in cubic yards.
®This section not applicable
area.
d. (i) Will a disposal area be available for future maintenance?
❑Yes ❑No ❑NA
(II) If yes, where?
e. (i) Does the disposal area include any coastal wetlands/marsh f.
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV ❑SB _
❑WL ❑None
(ii) Describe the purpose of disposal in these areas:
(1) Does the disposal include any area in the water?
❑Yes []No ❑NA
(II) If yes, how much water area is affected?
RECEIVED
FEB 15 2017
252-808.2808 :: 1-888.4RCOAST :: www.nccoastalmananement.net DCM- MHD+.rdsWiz28/oe

Form. DCM MP-2 (Excavation and Fill, Page 2 of 3)
3. SHORELINE STABILIZATION ❑This section not applicable
(If development is a wood groin, use MP-4 — Structures)
a. Type of shoreline stabilization: b. Length: 235
®Bulkhead ❑Riprap ❑Breakwater/Sill []Other:
c. Average distance waterward of NHW or NWL: 2'
e. Type of stabilization material:
Wooden Bulkhead
g. Number of square feet of fill to be placed below water level.
Bulkhead backfill 626 Riprap _
Breakwater/Sill Other
I. Source of fill material.
Brought to site from approved sand pit.
Width:
d. Maximum distance waterward of NHW or NWL: 2'
f. (1) Has there been shoreline erosion during preceding 12
months?
[]Yes []No ®NA
(11) If yes, stale amount of erosion and source of erosion amount
Information.
Exisitng Old Bulkhead Damaged by Hurricane Irene is to be
replaced
h. Type of fill material.
Clean Sand pr^CIVED
T
FEB 15 2017
DCN1- MHO CITY
4. OTHER FILL ACTIMIES ®This section not applicable
(Excluding Shoreline Stabilization)
a. (i) Will fill material be brought to the site? ❑Yes ❑No ❑NA b. (1) Will fill material be placed in coastal wetlands/marsh (CW).
If yes,
(if) Amount of material to be placed in the water
(Ili) Dimensions of fill area
(iv) Purpose of fill
5. GENERAL
a. How will excavated or Till material be kept on site and erosion
controlled?
FIII material will be delivered to the site once the new bulkhead Is
Installed and placed between the old and new bulkhead, once
placed and compacted it will be seeded with a coastal grass mix
for stabilization
c. (1) Will navigational aids be required as a result of the project?
❑Yes ®No ❑NA
(li) If yes, explain what type and how they Will be Implemented.
submerged aquatic vegetation (SAV), shell bottom (SB), or
other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV ❑SB
OWL []None
(11) Describe the purpose of the fill In these areas:
b. What type of construction equipment will be used (e.g., dragline,
backhoe, or hydraulic dredge)?
A backhoe will be used to place new piles and sheeting and to
backfill the area between the exisitng bulkhead and the new
bulkhead
d. (1) Will wetlands be crossed in transporting equipment to project
site? ❑Yes ®No ❑NA
(if) If yes, explain steps that will betaken to avoid or minimize
environmental impacts.
tie
You Can Fly, LLC Project Name
Date
GOA�P.A P�
Applicant Name -EC
252.808.2808 :: 1.888.4RCOAST n www.nccoastalmanagement.net revised: 12/26/06

Form DCM MP- (Excavation and Fill, Page 3 of d)
$7
Applicant Signature
DCM-EC
RECEIVED
FEB 15 2017
DCM- MHD CITY
252.808.2808 :: 1-888.4RCOAST :: wwwmccoastalmanaaement.net revised; 12128/06

8 Received
Form DCM MP-3
UPLAND DEVELOPMENT DCM-EG and/or land disturbing activities)
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 that relate to this proposed project. Please include all supplemental information.
GENERAL UPLAND DEVELOPMENT
a. Type and number of buildings, facilities, units or structures b. Number of lots or parcels.
proposed.
One two-story wood frame structure on wooden piles, ADA
accessible ramping, a two story uncovered observation
deck, renovations and additional to the parking lot
c. Density (give the number of residential units and the units per
acre).
N/A
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.
(1) If applicable, has a sedimentation and erosion control plan been
submitted to the Division of Land Resources?
❑Yes ❑No ®NA
(il) If yes, list the date submitted:
g. Give the percentage of the tract within the coastal shoreline AEC to
be covered by Impervious and/or built -upon surfaces, such as
pavement, building, rooftops, or to be used for vehicular driveways
or parking.
58% this is a reduction of 1.7% from exjsting coverage
I. Give the percentage of the entire tract to be covered by impervious
and/or built -upon surfaces, such as pavement, building, rooftops,
or to be used for vehicular driveways or parking.
57.2%
J. Describe proposed method of sewage disposal.
Sewage will be treated using an Advantex biological filter
and will meet a higher standard for treatmetn than the
current gravity septic system
I. Describe location and type of proposed discharges to waters of the
state (e.g., surface runoff, sanitary wastewater, industrial/
commercial effluent, "wash down" and residential discharges).
None
d. Size of area to be graded, filled, or disturbed including roads,
ditches, etc.
4000 sf
f. List the materials (such as mad, paver stone, asphalt, or concrete)
to be used for impervious surfaces.
Pourous concrete to be added some turfstone currently
exisits and will be maintained
h. Projects that require a CAMA Major Development Permit may also
require a Stormwater Certification.
(i) Has a site development plan been submitted to the Division of
Water Quality for review?
❑Yes ❑No ®NA
(ll) If yes, list the date submitted:
k. Have the facilities described in Item (i) received state or local
approval?
❑Yes ®No ❑NA
If yes, attach appropriate documentation.
m. Does the proposed project include an Innovative storrnwater
design?
❑Yes ®No ❑NA 13E ' F l"F D
If yes, attach appropriate documentti
252-808.28082 :: 1-888-4RCOAST :: www.nccoastalmanaaement.net

Form DCM MP-3 (Upland Development, Page 2 of 2)
m. Describe proposed drinking water supply source (e.g., well,
community, public system, etc.)
Public Water Town of Nags Head
o. When was the lot(s) platted and recorded?
DB 1563 Pg 298 PC C SI 92B
Date
1 V tti 1�A V �t--y
Project Name
n. (1) Will water be impounded? ❑Yes ®No ❑NA
(ii) If yes, how many acres?
p. If proposed development is a subdivision, will additional utilities be
Installed for this upland development?
❑Yes ❑No ®NA
Received
AN 4 -- ,'.017
D M-EC
RECEIVED
FEB 15 2017
DCM- MHD CITY
252.808.2808 :: 1.888-4RCOAST :: www.nccoastalmanagement.net revised: 12/26/06

Received
Form DCM MP-4 JAN d - ',iI;
STRUCTURES DCM-EC
(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 that relate to this proposed project. Please include all supplemental information.
1. DOCKING FACILITY/MARINA CHARACTERISTICS
a. (i) Is the docking facility/manna:
®Commercial ❑Public/Govemment ❑Private/Community
pThis section not applicable
b. (i) Will the facility be open to the general public?
❑Yes ®No
c. (1) Dock(s) and/or piers)
d. (1) Are Finger Piers Included? []Yes ®No
(II) Number 1
If yes:
(Ili) Length 220'
(ii) Number 8
(Iv) Width 6
(III) Length
(v) Floating []Yes ®No
(Iv) Width
(v) Floating ®Yes ❑No
e. (i) Are Platforms included? ®Yes ❑No
f. (i) Are Boallifts included? ❑Yes ®No
If yes:
If yes:
(II) Number 1
(li) Number
(III) Length 140
(lit) Length
(iv) Width 6
(iv) Width
(v) Floating []Yes ®No
Note: Roofed areas are calculated from dripline dimensions.
g. (1) Number of slips proposed
h. Check all the types of services to be provided.
10
❑ Full service, including travel lift and/or rail, repair or
(it) Number of slips existing
maintenance service
10
❑ Dockage, fuel, and marine supplies
❑ Dockage (wet slips") only, number of slips:
❑ Dry storage; number of boats:
❑ Boat ramp(s); number of boat ramps:
® Other, please describe:
Watercraft Rental and training. Tour Boat
1. Check the proposed type of siting:
J. Describe the typical boats to be served (e.g., open runabout,
❑ Land cut and access channel
charter boats, sail boats, mixed types).
❑Open water; dredging for basin and/or channel
Jet Skis and Kayaks. Dolphin Tour Boat
®Open water; no dredging required
®Other; please describe:
This is a reconfiguration of and existing facility that was
damaged during Hurricane Irene.
k. Typical boat length: Jet Skis and small tour boats I. (1) Will the facility be open to the general public?
RECEIVED
FEB " 5 2017
o ho 4%�1ri C-IXY
252-808.2808 :: 1-888.4RCOAST u www.nccoastalmanagement.net revised: 12/27/06

Form ®CM MP-4 (structures, Page 2 of 4)
Recei eld
m. (i) Will the facility have tie pilings?
®Yes ❑No
(ii) If yes number of be pilings?
12 4 o ,vorLP6 is cCc4rl
per &4a;I i,4 d4W V/e,3/f-7
❑Yes ®No
C M-E
2. DOCKING FACILITY/MARINA OPERATIONS ❑This section not applicable]
a. Check each of the following sanitary facilities that will be included in the proposed project.
® Office Toilets
® Toilets for patrons; Number. 4; Location: In Retail Building
❑ Showers
❑ Boatholding tank pumpout; Give type and location:
b. Describe treatment type and disposal location for all sanitary wastewater.
Advanced pretreatment system with a LPP drainfieid disposal meeting requirementsof NC Sate On -Site Wastewater
regulations. This will rpelace a primary septic tank gravity drainfeild system. The new wastewater system will provide much
cleaner effluent than the existing system and will provide more speration from the Roanoke Sound
c. Describe the disposal of solid waste, fish offal and trash.
General trash from retail and residential operations wil be handled by on -site dumpster. No other solid waste or fish offal is
anticiapted.
d. How will overboard discharge of sewage from boats be controlled?
N/A No boats will have sewage canning capability
e. (i) Give the location and number of "No Sewage Discharge" signs proposed.
N/A
(ii) Give the location and number of "Pumpout Available" signs proposed.
N/A
f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products.
N/A
g. Where will residue from vessel maintenance be disposed of?
In the solid waste dumpster located as shown on the plan.
h. Give the number of channel markers and "No Wake" signs proposed. N/A
I. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality.
The site has an existing fuel tank within a containment tank. This fuel tank will continue to be utilitzed. The fueling operatins for
the jet skis and other watercraft will be in compliance with the NC State Fire Prevention Code Section 2210.
j. What will be the marina policy on overnight and live -aboard dockage?
Not permitted
DECEIVE
DCM- MHD CITY
252-808.2808 :: 1.888-4RCOAST :: www.nccoastaimanaoement.net revised: 12/27/06

.Form,DCM MP-4 (Structures, Page 3 of 4) Received
" k. Describe design measures that promote boat basin flushing?
N/A
I. If this project is an expansion of an existing marina, what types of services are currently provided?
This is a replacement fo the current facility. Docks were damaged during Hurricane Irene and this is a reconfiguration of the
former docks to better support the operations.
m. Is the marina/docking facility proposed within a primary or secondary nursery area?
❑Yes ®No
n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area?
[]Yes ®No
o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom
(SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected.
❑CW ❑SAV ❑SB
❑WL ®None
p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes ®No
If yes, give the name and address of the leaseholder(s), and give the proximity to the lease.
3. BOATHOUSE (including covered lifts) ®This section not applicable
a. (1) Is the boathouse structure(s):
❑Commercial ❑Public/Government ❑Private/Community
(11) Number
(iii) Length
(iv) Width
Note: Roofed areas are calculated from dripline dimensions.
14. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable
a. (1) Number
(Ii) Length
(III) Width
15. BREAKWATER (e.g, wood, sheetpile, etc.) ®This section not applicable
a. Length
c. Maximum distance beyond NHW, NWL orwellands
b. Average distance from NHW, NWL, or wetlands
6. MOORING PILINGS and BUOYS ❑ This section not applicable
a. Is the structure(s):
®Commercial ❑PublIc/Govemment ❑Private/Community
b. Number 12E;
EDE,;
AFEB
252.808-2808 :: 1-888-4RCOAST :: www.ncconstaimananement.net
revised:

Form DCM MP-4 (Structures, Page 4 of 4)
c. Distance to be placed beyond shoreline 60'
Note: This should be measured from marsh edge, if present.
e. Arc of the swing
7. GENERAL
a. Proximity of structure(s) to adjacent riparian property lines
> 15'
Note: For buoy or mooring piling, use arc of swing including length
ofvessel.
c. Width of water body
Very Wide
e. (1) Will navigational aids be required as a result of the project?
❑Yes ®No ❑NA
(it) If yes, explain what type and how they will be implemented.
d. Description of buoy (color, inscription, size, anchor, etc.)
b. Proximity of structure(s) to adjacent docking facilities.
d. Water depth at waterward end of structure at NLW or NWL
4'
8. OTHER This section not applicable
a. Give complete description:
.2 Receiver
Date
Project Name DCM-EC
Applicant Name f1 - , , A A A
Applicant Signature V�Ev�ENED
1
FEB 15 ZM7
DCM- MHD CITY
252-808-2808 :: 1-888-4RCOAST :: wwwmccoastalmanaaement.net revised: 12/27/06

-
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DCM Coordinator: sli- l tZ Permit #: �Z — 17 (09)
`X
c,c
DCM Field Offices
Elizabeth City
Morehead City
Washington
Wilmington
US ACOE Offices:
MAILING DISTRIBUTION SHEET--- ..
fro
(with revised work plan drawings)
Aj
Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans,
Tyrrell)
Josh Peletier 4Bertie, Cutrituck, Dare, Gates, Pamlico, Pasquotank, Washington)
Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico)
Bill Biddlecome (NC DOT -Remainder ECity/Washington District)
Wilmington: Tyler Crumbley (Brunswick, New Hanover)
Liz Hair (Carteret, Onslow, Pender)
Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Cultural Resources: Renee Gledhill -Earley
Public Water Supply: Heidi Cox (WIRO)
Clif Whitfield (WARD)
Marine Fisheries: Shane Staples
Curt Weychert
NC DOT: David Harris
Shellfish Sanitation: Shannon Jenkins
State Property: Tim Walton
DEMLRIDWR: Karen Higgins-
Kristy Lynn Carpenter (NC DOT -All Projects)
i
Washington: Anthony Scarbrau -401 4Roger Thorpe tormwater
Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck,
Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington)
Wilmington:
Wildlife Resources:
LPO:
Fax Distribution:
Robb Mairs — 401 (Carteret, Onslow, Pender, New Hanover)
Chad Coburn — 401 (Brunswick)
Georgette Scott - Stormwater
Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Maria Dunn (WAROJE
Permittee #:
Agent#

Coastal Management
ENVIRONMENTAL QUALITY
April 20, 2017
You Can Fly, LLC
P.O. Box 1839
Nags Head, N.C. 27959
Dear Sir or Madam:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
The enclosed permit constitutes authorization under the Coastal Area Management Act, and
where applicable, the State Dredge and Fill Law, for you to proceed with your project, proposal. The
original (buff -colored form) is retained by you and it must be available on site when the project is
inspected for compliance. Please sign both the original and the copy and return the copy to this office in
the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal
described below.
If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS
113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter
150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714,
[phone] within twenty (20) days of this decision on your permit. You should also be aware that
another qualified party may submit an objection to the issuance of this permit within twenty (20) days.
The project plan is subject to those conditions appearing on the permit form. Otherwise, all work
must be carried out in accordance with your application. Modifications, time extensions, and future
maintenance requires additional approval. Please read your permit carefully prior to starting work and
review all project plans, as approved. If you are having the work done by a contractor, it would be to your
benefit to be sure that he fully understands all permit requirements.
From time to time, Department personnel will visit the project site. To facilitate this review, we
request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if
questions arise concerning permit conditions, environmental safeguards, or problem areas, you may
contact Department personnel at any time for assistance. By working in accordance with the permit, you
will be helping to protect our vitally important coastal resources.
Enclosure
^ Sincerely, ,w� s
QJvJD as V Huggett ,
Major Permits Manager,
N.C. Division of Coastal Management
State of North Carolina I Environmental Quality l Coastal Management
Morehead City Office 1 400 Commerce Avenue I Morehead City.NC 28557
252 808 2808

Bodnar, Gregg
From: John Delucia <[e-mail]>
Sent: Monday, March 27, 2017 3:36 PM
To: Bodnar, Gregg
Cc: 'John Harris ([e-mail])'; Mike Morway, Jennings, Frank
Subject: RE: DCM CAMA permit application for You Can Fly LLC
Attachments: You Can Fly Slip Number Plan 2017-03-27.pdf
Hi Greg, Ac l Yj
We had assumed the eight floating docks for the jet skis and then two slips at the west end of that dock for the two tour
boats. The jet ski slips will be seasonal as will the tour boat slips. They store the jet skis off site or beneath the building
off season. And the Tour boats usually sit in trailers in the parking lot after tourist season. They have no other mooring
needs expect for their rental operations. This site is not accessed via boat traffic and there is no need for any additional
mooring or slips other than for the eight jet skis and the two tour boats as listed in the notes on the plan. their kayaks
are stored in racks on land when not rented. Attached is a partial PDF of the site plan with numbers for the ten slips in
red. Please let me know if you need anything else.
Sincerely:
John
John M. DeLucia, PE
Vice President
Albemarle & Associates, Ltd.
J oh n d (a)Al bema rleAssociates. com
www.AlbemarleAssociates.com
PO Box 3989, Kill Devil Hills, NC 27948 (Mail)
115 West Saint Clair Street, Kill Devil Hills, NC 27948 (Street Address)
Ph 252441-2113 Fax [phone]
RECEIVED
MAR 2 8 2017
DCM- MHD CITY
CONFIDENTIALITY NOTICE. This message, including any accompanying documents or attachments, may contain information that is confidential or that is
privileged. If you are not the intended recipient of this message, please note that the dissemination, distribution, use or copying of this message or any of the
accompanying documents or attachments is strictly prohibited. If you believe that you may have received this message in error, please contact me at 252-441-
2113 or by return e-mail.
From: Bodnar, Gregg [mailto:[e-mail]]
Sent: Monday, March 27, 2017 3:12 PM

To: John Delucia <[e-mail]>
Subject: DCM CAMA permit application for You Can Fly LLC
Afternoon Mr. DeLucia,
In review of the CAMA permit application for the property on 7517 S Virginia Dare Trail, Nags Head, there was
some uncertainty with the location of the 10 proposed slips. Could you please provide a drawing noting the location of
the 10 proposed slips?
Thank you for your time,
Gregg
Gregg Bodnar
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
252 808 2808 ext 215 office
Gregg. Bodnar(a)ncdenr. gov
400 Commerce Ave
Morehead City, NC 28557
RECEIVED
MAR 2 8 2017
-�./'Nothinq Compares, ti,
DCM- MHD CITY
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

6.0' 4.2
PROPOSED POROUS PROPOSED 'i"y5
CONCRETE IN NEW BOLLARDS
PARKING AREAS CONSTRUCT NEW BULKHEAD
MAINTAIN LEVEL ADJACENT TO AND
WITHIN 2' OF EXISTING
PROPOSED 6' WIDE
BOARD WALK
ELEV. 4.20'
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29
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TO DECK
2 `%/ /C \ ^ 8 R RMTNr
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i

DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
A) APPLICANT: You Can Fly, LLC; John Harris
LOCATION OF PROJECT: 7517 S. Virginia Dare Trail, Nags Head, on the Roanoke Sound
DATE APPLICATION RECEIVED COMPLETE BY FIELD REP: 2/06/17
FIELD RECOMMENDATION: Attached: NO To Be Forwarded: YES
CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES
County: Dare
REPRESENTATIVE: Frank Jennings DISTRICT OFFICE: Elizabeth Ciri
DISTRICT MANAGER REVIEW: s Date: .Z 3 /
B) DATE RECEIVED BY MAJOR PERMITS UNIT: ` / FEE REC'D: $ 400 (100%I
PUBLIC NOTICE REC'D: Advertise: 02/19/17 END OF NOTICE DATE: Comments due: 03/11/17
ADJ. RIP. PROP NOTICES RECD: (1 r( DEED REC'D:
APPLICATION ASSIGNED TO: ON: I I
C) 75 DAY DEADLINE: 04/22/17
MAIL OUT DATE: Circulation: 02/14/17
FEDERAL DUE DATE:
PERMIT FINAL ACTION: ISSUE
150 DAY DEADLINE:
STATE DUE DATE: Comments due: 03/07/17
FED COMMENTS REC'D:
DENY
DRAFT
AGENCY
DATE
OBJECTIONS:
NOTES
COMMENTS
YES NO
RETURNED
Coastal Management - Regional Representative
2r 1
CcwNwu i�
Coastal Management - LUP Consistency
Division of Community Assistance
Land Quality Section--DEMLR X Iq ,
DWR/DWQ— Aquifer Protection K;
DWR/DWQ - Storm Water
DWR— Public Water Supply
?Alll
K
State Property Office
ilZl
X
Division of Archives & History —Cultural Res.
Division of Env. Health —Shellfish Sanitation
quill
X
Division of Highways --DOT
Wildlife Resources Commission
x
Local Permit Office/Planning Dept.
DMF—DCM Fisheries Resource SpecialistFEB
Corps of Engineers --
]tWAZIOU-0—S38
2017---
DCM- MHD CITY

L°
W
Coastal Management
ENVIRONMENTAL QUALITY
MEMORANDUM
TO: Doug Huggett, Major Permits Coordinator and
Gregg Bodnar, Assistant Major Permits Coordinator
Division of Coastal Management, Morehead City
FROM: Frank Jennings, District Manager
Northeastern District, Division of Coastal Management
ROY COOPER
MICHAEL S. REGAN
BRAXTON C. DAVIS
ow,r,,.
DATE: February 28, 2017
SUBJECT: You Can Fly, LLC; John Harris — Major Permit Recommendations
PROJECT LOCATION: 7517 S. Virginia Dare Trail, Nags Head, Dare County
The applicant proposes to demolish an existing retail structure, and a new 2-story building will
be constructed with a new septic system. The applicant will demolish all existing wooden
uncovered decking and replace with a boardwalk, a 2-story observation tower with a ramp, and
decks connecting the structures. The project also includes grading and resurfacing the existing
parking area. A new bulkhead will be constructed with an alignment of 2 feet waterward of the
existing damaged bulkhead. The applicant also proposes to replace the existing pier with a new
pier, platform(s), floating jet -ski ramps, and mooring pilings, creating a total of 10 slips.
The development proposal involves the Estuarine Waters (EW), Public Trust Area (PTA) and
Estuarine Shoreline (ES) Areas of Environmental Concern (AECs).
I have reviewed the Rules of the Coastal Resources Commission (CRC) as they pertain to this
project, and my findings are as follows:
15A NCAC 07H .0206 ESTUARINE WATERS
(c) Management Objective. To conserve and manage the important features of estuarine
waters so as to safeguard and perpetuate their biological, social, aesthetic, and economic
values; to coordinate and establish a management system capable of conserving and utilizing
estuarine waters so as to maximize their benefits to man and the estuarine and ocean system.
(d) Use Standards. Suitable land/water uses shall be those consistent with the management
objectives in this Rule. Highest priority of use shall be allocated to the conservation of estuarine
waters and their vital components. Second priority of estuarine waters use shall be given to
those types of development activities that require water access and use which cannot function
elsewhere such as simple access channels; structures to prevent erosion; navigation channels;
boat docks, marinas, piers, wharfs, and mooring pilings. RECEIVED
MAR 0 3 2017
->"Nothing Compares_-
Smm of North Carolina I Envir_nml Qaahty I Coastal Management D C M - M H D CITY
401 S. Can St., Sm 300I Elizabeth City, NC 27909
252-264-39011252-331-2951 [fax]

North Carolina Department of Environmental Quality
Division of Coastal Management
MEMORANDUM: You Can Fly Recommendations
Page 2 of 5
February 28, 2017
In every instance, the particular location, use, and design characteristics shall be in accord with
the general use standards for coastal wetlands, estuarine waters, and public trust areas
described in Rule .0208 of this Section.
Consistent: The proposed development meets the intent of this rule.
15A NCAC 07H .0207 PUBLIC TRUST AREAS
(c) Management Objective. To protect public rights for navigation and recreation and to
conserve and manage the public trust areas so as to safeguard and perpetuate their biological,
economic and aesthetic value.
(d) Use Standards. Acceptable uses shall be those consistent with the management objectives
in Paragraph (c) of this Rule. In the absence of overriding public benefit, any use which
jeopardizes the capability of the waters to be used by the public for navigation or other public
trust rights which the public may be found to have in these areas shall not be allowed. The
development of navigational channels or drainage ditches, the use of bulkheads to prevent
erosion, and the building of piers, wharfs, or marinas are examples of uses that may be
acceptable within public trust areas, provided that such uses shall not be detrimental to the
public trust rights and the biological and physical functions of the estuary. Projects which would
directly or indirectly block or impair existing navigation channels, increase shoreline erosion,
deposit spoils below normal high water, cause adverse water circulation patterns, violate water
quality standards, or cause degradation of shellfish waters are considered incompatible with the
management policies of public trust areas. In every instance, the particular location, use, and
design characteristics shall be in accord with the general use standards for coastal wetlands,
estuarine waters, and public trust areas. r-� nR�
Consistent: The proposed development meets the intent of this rule. RECEIVED
15A NCAC 07H .0208 USE STANDARDS M < 0 3 2017
Paragraph (a) addresses the General Use Standards, and sub -paragraph (1) pr � {p CITY
that are not water dependent within the EW and PTA and lists uses that may be onsi ered
water dependent.
Consistent: The applicant proposes to conduct bulkheading, a pier with associated
platforms and slips, and a boardwalk. This sub -paragraph lists these structures and
activities as water dependent.
Paragraph (a)(2)(A) states that the location, design, and need for development, as well as the
construction activities involved shall be consistent with the management objective of the
Estuarine AEC, and shall be sited and designed to avoid significant adverse impacts upon the
productivity and biologic integrity of coastal wetlands, shellfish beds, submerged aquatic
vegetation as defined by the Marine Fisheries Commission, and spawning and nursery areas.
Consistent: The proposed development is consistent with the intent of this rule.
Sub -paragraph (a)(2)(G) requires that development shall not jeopardize the use of the waters
for navigation or for other public trust rights in public trust areas including estuarine waters.
Consistent: The proposed development is consistent with the intent of this rule.

North Carolina Department of Environmental Quality
Division of Coastal Management
MEMORANDUM: You Can Fly Recommendations
Page 3 of 5
February 28, 2017
(b) Specific Use Standards
(6) Piers and Docking Facilities.
(A) Piers shall not exceed six feet in width. Piers greater than six feet in width shall be
permitted only if the greater width is necessary for safe use, to improve public access,
or to support a water dependent use that cannot otherwise occur;
(B) The total square footage of shaded impact for docks and mooring facilities (excluding
the pier) allowed shall be eight square feet per linearfoot of shoreline with a maximum
of 2,000 square feet. In calculating the shaded impact, uncovered open water slips
shall not be counted in the total. Projects requiring dimensions greater than those
stated in this Rule shall be permitted only if the greater dimensions are necessary for
safe use, to improve public access, or to support a water dependent use that cannot
otherwise occur. Size restrictions shall not apply to marinas;
(G) Pier and docking facility length shall be limited by:
(i) not extending beyond the established pier or docking facility length along the
same shoreline for similar use; (This restriction does not apply to piers 100 feet
or less in length unless necessary to avoid unreasonable interference with
navigation or other uses of the waters by the public);
(ii) not extending into the channel portion of the water body; and
(iii) not extending more than one-fourth the width of a natural water body, or
human -made canal or basin. Measurements to determine widths of the water
body, canals or basins shall be made from the waterward edge of any coastal
wetland vegetation that borders the water body. The one-fourth length
limitation does not apply in areas where the U.S. Army Corps of Engineers, or
a local government in consultation with the Corps of Engineers, has
established an official pier -head line. The one-fourth length limitation shall not
apply when the proposed pier is located between longer piers or docking
facilities within 200 feet of the applicant's property. However, the proposed
pier or docking facility shall not be longer than the pier head line established
by the adjacent piers or docking facilities, nor longer than one-third the width
of the water body.
(1) Piers and docking facilities shall not interfere with the access to any riparian property
and shall have a minimum setback of 15 feet between any part of the pier or docking
facility and the adjacent property owner's areas of riparian access. The line of division
of areas of riparian access shall be established by drawing a line along the channel
or deep water in front of the properties, then drawing a line perpendicular to the line
of the channel so that it intersects with the shore at the point the upland property line
meets the water's edge. The minimum setback provided in the rule may be waived
by the written agreement of the adjacent riparian owner(s) or when two adjoining
riparian owners are co applicants. If the adjacent property is sold before construction
of the pier or docking facility commences, the applicant shall obtain a written
agreement with the new owner waiving the minimum setback and submit it to the
permitting agency prior to initiating any development of the pier. Application of this
Rule may be aided by reference to the approved diagram in 15A NCAC 07H .1205(t)
illustrating the rule as applied to various shoreline configurations. Copies of the
diagram may be obtained from the Division of Coastal Management. 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 as
determined by the Director of the Division of Coastal Management.
c�ivE�
Consistent: The proposed pier will be 170 feet by 6 feet, and the platform areas toga
1,170 square feet. The proposed development is consistent with the intent of t'%MPS 2017
DCM— MHD CITY

North Carolina Department of Environmental Quality
Division of Coastal Management
MEMORANDUM: You Can Fly Recommendations T
Page 4 of 5
February 28, 2017
(b)(7) Bulkheads
(D) Bulkheads shall be permitted below normal high water or normal water level only when
the following standards are met:
(iii) the bulkhead alignment will not adversely impact public trust rights or the
property of adjacent riparian owners;
(iv) the need for a bulkhead below normal high water or normal water level is
documented by the Division of Coastal Management; and
(v) the property to be bulkheaded is in a non -oceanfront area.
Consistent: The alignment of the proposed replacement bulkhead is at 2 feet waterward of normal water level. � CENEp
15A NCAC 071-1.0209 COASTAL SHORELINES MAR 0 3 2V
(c) Management Objective. The management objective is to ensure that shorel1.+o . MOD CITY
development is compatible with the dynamic nature of coastal shorelines as weltl a� the values
and the management objectives of the estuarine and ocean system. Other objectives are to
conserve and manage the important natural features of the estuarine and ocean system so as
to safeguard and perpetuate their biological, social, aesthetic, and economic values; to
coordinate and establish a management system capable of conserving and utilizing these
shorelines so as to maximize their benefits to the estuarine and ocean system and the people of
North Carolina.
Consistent: The proposed development is consistent with the intent of this rule.
(d) Use Standards. Acceptable uses shall be those consistent with the management objectives
in Paragraph (c) of this Rule. These uses shall be limited to those types of development
activities that will not be detrimental to the public trust rights and the biological and physical
functions of the estuarine and ocean system. Every effort shall be made by the permit applicant
to avoid, mitigate or reduce adverse impacts of development to estuarine and coastal systems
through the planning and design of the development project. In every instance, the particular
location, use, and design characteristics shall comply with the general use and specific use
standards for coastal shorelines, and where applicable, the general use and specific use
standards for coastal wetlands, estuarine waters, and public trust areas described in Rule .0208
of this Section.
Consistent: The proposed development is consistent with the intent of this rule.
(2) All development projects, proposals, and designs shall limit the construction of
impervious surfaces and areas not allowing natural drainage to only so much as is
necessary to adequately service the major purpose or use for which the lot is to be
developed. Impervious surfaces shall not exceed 30 percent of the AEC area of the
lot, unless the applicant can effectively demonstrate, through innovative design, that
the protection provided by the design would be equal to or exceed the protection by
the 30 percent limitation. Redevelopment of areas exceeding the 30 percent
impervious surface limitation may be permitted if impervious areas are not increased
and the applicant designs the project to comply with the intent of the rule to the
maximum extent feasible.
Possibly Inconsistent: The proposed development represents a redevelopment of 56.7%
impervious surface in the Estuarine Shoreline AEC, which is an increase of 492 square
feet; however, these figures also represent a 1,610-square foot reduction in impervious
surfaces within the 30-foot buffer zone.

s
North Carolina Department of Environmental Quality
Division of Coastal Management
MEMORANDUM: You Can Fly Recommendations
Page 5 of 5
February 28, 2017
(5) Development shall not interfere with existing public rights of access to, or use of,
navigable waters or public resources.
Consistent: The proposed development is consistent with the intent of this rule.
(10) Within the Coastal Shorelines category (estuarine and public trust shoreline AECs),
new development shall be located a distance of 30 feet landward of the normal water
level or normal high water level, with the exception of the following:
(H) Development over existing impervious surfaces, provided that the existing
impervious surface is not increased and the applicant designs the project to
comply with the intent of the rules to the maximum extent feasible;
Consistent: The development proposal involves the redevelopment of existing
impervious surfaces within the 30-foot buffer zone.
Based on review of the applicable subsections of the NC Administrative Code, the permit and
plans, I recommend a Major Permit be issued to You Can Fly, LLC, with the standard permit
conditions associated with shoreline stabilization, pier construction and upland development.
FJ/yc
RECEIVED
MAR 0 3 2017
DCIVl- 1" HD CITY

Nr
Coastal Management
ENVIRONMENTAL QUALITY
February 14, 2017
MEMORANDUM
TO:
FROM:
SUBJECT:
Applicant:
Project Location:
Proposed Project:
RECENED/NCDENR/DWR
FEB 16 2017
Water UaWity Reglonal
OperalJons Section
Washington Regional Office
ROY COOPER
Gmemor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
Clif Whitfield, Environmental Engineer
DWR - Public Water Supply Section, WaRO
Doug Huggett, Major Permits Coordinator
Division of Coastal Management
CAMA/DREDGE & FILL Permit Application Review
You Can Fly, LLC; John Harris
7517 S. Virginia Dare Trail, Nags Head on the Roanoke Sound, Dare Co.
2 story commercial structure, bulkhead, reconfigure pier/platforms/10 slips
- Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 03/07/17 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: [phone]).
If you have any questions regarding the proposed project,.please contact Frank Jennings at (252)
264-3901. When appropriate, in-depth comments with supporting data are requested.
REPLY: his 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 1-10-V' 17
!'�^Noching Compares--v.
State of North Ca<elma I Environmental Quality I Coastal Management
401 S. Gffm St., Ste 3001 Elizabeth City, NC27909
252.264-39011252-331-2951[fax]

�S
CoastalMonagement
ENVIRONMENTAL OUALITV
February 14, 2017
MEMORANDUM
TO:
FROM:
SUBJECT:
ROY COOPER
MICH'AEL S. REGAN
6amwy.
BRAXTON C. DAVIS
DirrrMr
Lee Padrick
Division of Community Assistance
Doug Huggett, Major Permits Coordinator
Division of Coastal Management
CAMA/DREDGE & FILL Permit.Application Review
a
Applicant: You Can Fly, LLC; John Harris
Project Location: 7517 S. Virginia Dare Trail, Nags Head on the Roanoke Sound, Dare Co.
Proposed Project: 2 story commercial structure, bulkhead, reconfigure pier/platforms/10 slips
Please indicate below your -agency's position or viewpoint on the proposed project and return this
form by 03/07/11 to 400 Commerce Avenue, Morehead City; NC28557 (fax: [phone]).
'If you have any questions regarding the proposed project, please contact Frank Jennings at (252)
-,264-3901. When appropriate, in-depth comments with supporting data are requested.
REPLY; _This agencylias no objection to the project as. proposed.
_✓ his 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.
DATE 2 — -2-�-- - / 7
`Nothing Compares
State ofArth Cmoliaa I a iT0Rmemal Quality I Cowul Wu pmeet
401 S. Gfir. St, Ste 3001 h2iraheth City. NC 27909
252-26439011252-331-2951 [foa1

L
Coastal Management
ENVIRONMENTAL QUALITY
February 14, 2017
MEMORANDUM
TO:
FROM:
SUBJECT:
Applicant:
FEB 16 2017
Tim Walton, Manager
State Property Office
Doug Huggett, Major Permits Coordinator
Division of Coastal Management
ROY COOPER
Governor
MICHAEL S. REGAN
Secrelary
BRAXTON C. DAVIS
Director
CAMA/DREDGE & FILL Permit Application Review
You Can Fly, LLC; John Harris
Project Location: 7517 S. Virginia Dare Trail, Nags Head on the Roanoke Sound, Dare Co.
Proposed Project: 2 story commercial structure, bulkhead, reconfigure pier/platforms/10 slips
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 03/07/17 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: [phone]).
If you have any questions regarding the proposed project, please contact Frank Jennings at (252)
264-3901. 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 'I DATE
RECEIVED
-'-^Nothing Compares FEB 2 3 2017
State of North Carolina I Environmental Quality I Coastal Management
401 S. Griffin St., Sle 3001 Elizabeth City, NC 27909 C M - M FI C CITY
252-264-39011252-331-2951 if=]

i
t,.
Coastal Management
ENVIRONMENTAL OUALITY
February 14, 2017
MEMORANDUM
TO:
FROM:
SUBJECT:
Applicant:
Project Location:
Proposed Project:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
C. DAVIS
Dtrecror
FEB 16 2U1%
Shellfish Sanitation 6 Rec
Water Quality Secti
Shannon Jenkins
Marine Fisheries — Shellfish Sanitation & Recreational Water Quality
Doug Huggett, Major Permits Coordinator
Division of Coastal Management
CAMA/DREDGE & FILL Permit Application Review
You Can Fly, LLC; John Harris
7517 S. Virginia Dare Trail, Nags Head on the Roanoke Sound, Dare Co.
2 story commercial structure, bulkhead, reconfigure pier/platforms/10 slips
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 03/07/17 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: [phone]).
If you have any questions regarding the proposed project, please contact Frank Jennings at (252)
264-3901. 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.
SIGNEDV � DATE a I a 11 %
fbR ��"`"'��'' �P"'�``� RECEIVED
FEB 2 4 2017
'Nothing Compares DCM- MHD CITY
State of North Carolina I Environmental Quality I Coastal Management
401 S. Griffin St., Ste 300 1 Elizabeth City, NC 27909
252-264-3901 J252-331-2951 [fax]

ROY COOPER
Governor
MICHAEL S. REGAN
RECEIVED S--tory
BRAXTON Fl� C. DAVIS Diisotor
Coastal Management
6NVIRONMBNTAL QUALITY
WARD
February 14, 2017
MEMORANDUM
TO: Shane Staples, Fisheries Resource Specialist
Division of Coastal Management, WaRO
FROM: Doug Huggett, Major Permits Coordinator
Division of Coastal Management
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: You Can Fly, LLC; John Harris
Project Location: 7517 S. Virginia Dare Trail, Nags Head on the Roanoke Sound, Dare Co.
Proposed Project: 2 story commercial structure, bulkhead, reconfigure pier/platforms/10 slips
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 03/07/17 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: [phone]).
If you have any questions regarding the proposed project, please contact Frank Jennings at (252)
264-3901. When appropriate, in-depth comments with supporting data are requested.
REPLY:This agency has no objection to the project as proposed.
V 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
->—Nothing Compares.,.
State ofNoNh Catalina ] Eavhmnental Quality I Coastal Menagmtem
401 S. GrMn St., Ste 3001 Elizabeth City, NC 27909
252.264.39011252-331.2951 [fm]

i]
Coastal Management
ENVIRONMENTAL QUALITY
February 14, 2017
MEMORANDUM
TO:
FROM:
SUBJECT:
Applicant:
Project Location:
Proposed Project:
ROY COOPER
Govern,
MICHAEL S. REGAN
Sec"tnrr
BRAXTON C. DAVIS
Direem.
Charlan Owens, District Planner
Division of Coastal Management
Doug Huggett, Major Permits Coordinator
Division of Coastal Management
CAMA/DREDGE & FILL Permit Application Review
You Can Fly, LLC; John Harris
7517 S. Virginia Dare Trail, Nags Head on the Roanoke Sound, Dare Co.
2 story commercial structure, bulkhead, reconfigure pier/platforms/10 slips
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 03/07/17 to 400 Commerce Avenue, Morehead City, NC 28557 (fag: 252-247-3330).
If you have any questions regarding the proposed project, please contact Frank Jennings at (252)
264-3901. 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 obje o oject for reasons described in the attached
comments.
>4-qW ev 4610
GNE DATE 2 —1 s-- 1
RECEIVED
' 'Nothing Compares FEB 21 2017
State of North Carolina I Environmental Quality I Coastal Management
401 S. Griffin St., Ste 3001 Elinbeth City, NC 27909 D C M- M H D CITY
252-264-39011252-331-2951 [fa ]

ROY COOPER
Governor
MICHAEL S. REGAN
Secrerory
Coastal Management BRAXTON C. DAVIS
ENVIRONMENTAL QUALITY
MEMORANDUM
TO: Doug Huggett, Major Permits Coordinator
Division of Coastal Management
FROM: Charlan OwenAAICP, NE District Planner
Division of Coastal Management
SUBJECT: Major Permit Request by John Harris/You Can Fly, LLC to remove a two (2)-story
structure, septic system, decking, and pier; resurface parking area; relocate a fuel
system; replace damaged bulkhead; install riprap; construct a two (2)-story
structure with over 1,700 sq. ft. of floor area, install a septic system, construct a 6
foot wide by 100 foot long boardwalk with a 20 foot by 20 foot observation tower,
ramp and connecting decks, and; construct a 6 foot wide by 170 foot long pier with
a 6 foot wide by 135 foot long platform extension, a 6 foot wide by 60 foot long
terminus platform, eight (8) 6 foot wide by 11 foot long floating jet ski ramps, and
six (6) mooring pilings creating two (2) boat slips in the Roanoke Sound; at 7517
S. Virginia Dare Trail, in the Town of Nags Head.
DATE: February 15, 2017
Consistency Determination: The request is consistent with/not in conflict with the Town of
Nags Head 2010 Land Use Plan certified by the CRC on
February 24, 2011, as amended through December 12, 2013.
Overview: The subject property consists of a .79 acre lot with approximately 342 linear feet of
shoreline along the Roanoke Sound. Elevations on the lot range from 4 to 6 feet above Normal
Water Level (NWL). The Roanoke Sound is approximately 1,100 feet wide at this location. Water
depths in the area range from -1.5 feet at the shoreline to -3.6 feet approximately 100 feet from
the shoreline. The property is located primarily within the AE (EL10) floodzone, with VE (EL11)
floodzone along the shoreline.
Existing site improvements consist of a two (2)-story structure with 1,019 sq. ft. of floor area, and
associated deck, parking, septic system improvements and a fuel tank. The structure houses a
water sports rental facility and small retail store. The existing site configuration totals 54%
coverage within the 30 foot shoreline buffer and 59% coverage within the 75 foot shoreline Area
of Environmental Concern (AEC). Existing shoreline improvements consist of 235 linear feet of
wooden bulkhead, wooden decks, a damaged pier with four (4) mooring pilings creating five (5)
slips, and mooring buoys creating five (5) additional slips.
Removal of the existing two (2)-story structure, septic system, decking, and pier; resurfacing of
the parking area; relocation of the fuel system; replacement of the damaged bulkhead; installation
of riprap; construction of a two (2)-story structure with over 1,700 sq. ft. of floor arga, stallation
of a new septic system, construction of a 6 foot wide by 100 foot long boardwalk12.1 0EonED
Nothing Compares
FEB 21 2017
State of North Carolina I Environmental Quality l Coastal Management
Elizabeth City Office 1 401 South Griffin Street. Suite 300 1 Elizabeth City, North Carolina DC M - M H D CITY
252 264 3901

North Carolina Department of Environmental Quality
Division of Coastal Management
MEMORANDUM
Page 2 of 5
by 20 foot two (2)-story observation tower, ramp and connecting decks, and; construction of a 6
foot wide by 170 foot long pier with a 6 foot wide by 135 foot long platform extension , a 6 foot
wide by 60 foot long terminus platform, eight (8) 6 foot wide by 11 foot long floating jet ski ramps,
and six (6) mooring pilings creating two (2) boat slips.
In addition to retail floor area, the structure will also include a two (2) bedroom manager's
apartment. Resurfacing of the parking area will include the use of porous concrete in some areas
and gravel in others. The fuel tank will be repositioned, but maintain a 5 sq. ft. encroachment into
the 30 foot buffer. The bulkhead will be installed 2 feet waterward of the existing bulkhead and
backfilled. A total of ten (10) slips will be provided. The facility is open to the general public but
will not allow any personal watercraft mooring. Dockage will be used for water craft rental, tour
boat, and training operations conducted by facility personnel.
CAMA Major Permit #105-12 was issued for this project on September 19, 2012 and expired on
December 31. 2015.
The waters of the Roanoke Sound in this area are classified as SA and are closed to shellfish
taking. There were no observed areas of Submerged Aquatic Vegetation (SAV) within the project
area. There are no known areas of archaeological significance within the area.
Anticipated Impacts resulting from this project are expected to include: the filling of 470 sq. ft. of
Public Trust Area/Estuarine Waters Areas of Environmental Concern (AECs), 3,525 sq. ft. of
Estuarine Shoreline AEC and 6,101 sq. ft. of Uplands outside of an AEC; the impervious surface
coverage of .31 acre of Estuarine Shoreline AEC, and; the shading of 2,905 sq. ft. of Public
Trust/Estuarine Waters AEC.
The proposed site configuration totals 36.7% coverage within the 30 foot shoreline buffer and
56.7% coverage within the 75 foot shoreline AEC, reducing coverage from the existing condition.
Basis for Determination:
The Town of Nags Head Future Land Use Map identifies the subject property as "Park/Open
Space -Private". As indicated on Page 125, "Park/Open Space' is National Park service land and
Town parks.
In 2012, the applicant submitted background narrative concerning the site history and recent local
government approvals. The site was originally developed in the 1980's as a water sports rental
site and has undergone several ownerships. In August of 2012, the site piers docks, walkways
and buildings were severely damaged by Hurricane Irene. The site has been partially restored
and will continue operations until permitting and construction can occur based upon the proposed
site renovations. The new site renovations are subject to Nags Head Zoning ordinance and were
approved by the Nags Head Board of Commissioners on May 2, 2012. The site plan remains
virtually unchanged, with only minimal revisions to comply with updated Town Zoning Codes.
RECEIVED
Nothing Compares FEB 21 2017
State of North Carolina I Environmental Quality I Coastal Management _ D CITY
Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolin
252 264 3901

North Carolina Department of Environmental Quality
Division of Coastal Management
MEMORANDUM
Page 3 of 5
A glossary of terms used in the policy statements is provided on Page 91. These include:
Recognize: knows
Shall: required to do
Will: to indicate likelihood or certainty
The following LUP policies and objective may be applicable to this request.
Public Access:
Policy 6, Page 94.
"The continued success of the Town as a tourist and vacation destination depends
in part on the continued use of recreational uses and activities on the ocean
shoreline and in the sound. The Town shall provide an adequate mix of recreational
access sites for residents and visitors in order that they can enjoy the ocean and
estuarine shoreline and water recreational opportunities."
Land Use Comoatibility:
Policy 2, Page 95.
"The Commercial Outdoor Recreational Use Overlay Zoning district was
established to accommodate the ever-growing commercial recreational
development requests made to the Town. It shall be a policy of the Town to
periodically review the adequacy of these regulations and make the necessary
modifications when public health, safety and welfare issues arise."
Planning Objective:
A. The Town shall not increase
allowed to be rented at each site.
Policy 4, Page 97.
the number of rental PWC units
(Priority)
"Open space and green space are important elements in the Nags Head image.
The Town will inventory open space, actively pursue grants and funding
opportunities and develop and implement a plan to acquire and preserve open
space throughout the Town."
RECEIVED
FEB 21 2017
Nothing Compares. DCM- MHD CITY
State of North Carolina I Environmental Quality l Coastal Management
Elizabeth City Office 1 401 South Griffin Street Suite 300 1 Elizabeth City, North Carolina 27909
252 264 3901

North Carolina Department of Environmental Quality
Division of Coastal Management
MEMORANDUM
Page 4 of 5
Water Quality:
Planning Objective:
A. The Town will identify important areas to be acquired as open
space and shall request funds for acquisition of these areas through
the budget, CIP, and grant process. (Highest Priority)
Policy 1, Page 102.
"The preferred form of sewage treatment and disposal shall be the on -site septic
systems. The Town realizes that proper maintenance of septic systems and strict
enforcement of local and state rules are essential for their safe operation and
through the Septic Health Initiative Committee. The Town shall continue to
implement the Management Plan as well as preventative and educational
programs for distribution to residents and visitors designed to identify and correct
failing septic systems."
Policy 2, Page 102.
"Proper placement and maintenance of septic systems located in close proximity
to drainage ditches or located near the ocean or sound are essential for
maintaining high water quality standards. When septic systems fail, effluent can
enter these waters and lead to health concerns and closures. If needed, the Town
will support research to determine sources of pollution and consider or lobby for
additional regulations or enforcement of existing regulations to prevent further
degradation and shall seek measures to enhance water quality where needed."
Policy 3, Page 103.
"The Town... shall actively work to minimize the rate and amount of stormwater
runoff into ocean and sound waters and the impact that stormwater has on those
waters."
Policy 5, Page 103.
"The Town will comply with State rules regarding stormwater control."
Policy 6, Page 103.
"The Town will comply with State rules regarding protecting open shell fishing
waters and restoring closed shell fishing waters."
RECEIVED
FEB 21 2017
-�Nothtng Compares.
DCM- MHD CITY
State of North Carolina I Environmental Quality I Coastal Management
Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City. North Carolina 27909
252 264 3901

North Carolina Department of Environmental Quality
Division of Coastal Management
MEMORANDUM
Page 5 of 5
Local Areas of Concern:
Policy 1, Pages 104.
"The Town shall consider higher flood regulatory standards for vehicle and
equipment storage areas and structures or facilities that produce, use or store
highly volatile, flammable, explosive, toxic and or water -reactive materials that may
cause environmental problems if flooded or destroyed."
Planning Objective:
B. The Town may develop regulations to require fuel tanks,
including LP tanks to be adequately anchored to prevent flotation in
the event of flooding. (Highest Priority)
Policy 10, Page 105.
"Over the last 20 years the Town has seen most of its commercial businesses,
once numerous along Virginia Dare Trail, move to US 158 or go out of business
due to chain restaurants and "big box" retailers building along US 158."
Planning Objective:
A. The Town will investigate the use of incentives to attract and
retain locally owned businesses throughout the Town. (High
Priority)
RECEIVED
FEB 21 2ol7
DCM- MH CITY
-5�Nothtng Compares
State of North Carobna I Environmental Quality I Coastal Management
Elizabeth C1ty Office 1 401 South Griffin Street, Sulte 300 1 Elizabeth City, North Carolina 27909
252 264 3901

t
Coastal Management
ENVIRONMENTAL QUALITY
February 14, 2017
MEMORANDUD
TO:
FROM:
SUBJECT:
Applicant:
ROY COOPER
Gowmor
MICHAEL S. REGAN
secretary
BRAXTON C. DAVIS
Dimclor
e . I-4.6Z. 7-4. o S
Maria Tripp Dunn
NC Wildlife Resources Commission
Doug Huggett, Major Permits Coordinator
Division of Coastal Management
CAMA/DREDGE & FILL Permit Application Review
You Can Fly, LLC; John Harris
FEB 2017
1
Project Location: 7517 S. Virginia Dare Trail, Nags Head on the Roanoke Sound, Dare Co.
Proposed Project: 2 story commercial structure, bulkhead, reconfigure pier/platforms/10 slips
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 03/07/17 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: [phone]).
If you have any questions regarding the proposed project, please contact Frank Jennings at (252)
264-3901. 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 4 I ,I DATE 3- '%?0 I
RECEIVED
MAR 10 Z017
—i"Nothing Compares.,,
State of North Carolina I Enviromnental Quality I Coastal Management D C M - M H D CITY
401 S. Griffin St., Ste 3001 Elinbeth City, NC 27909
252-264-39011252-331-2951 [fax]

Bodnar, Gregg
From: Bland, Raleigh W CIV CESAW CESAD (US) <[e-mail]>
Sent: Monday, April 10, 2017 10:31 AM
To: Bodnar, Gregg; Pelletier, Josh R CIV CESAW CESAD (US)
Subject: RE: Upcoming projects
All of these are mine....
You Can Fly LLC SAW 201700338 Tier II PGP 198000291 Your Date
Quail Woods Village SAW 201700455 Tier It PGP 198000291 Your Date
Cotton Patch Landing SAW 201700568 Tier II PGP 198000291 Your Date
Thanks!
-----Original Message -----
From: Bodnar, Gregg [mailto:[e-mail]]
Sent: Wednesday, April 05, 2017 8:29 AM
To: Bland, Raleigh W CIV CESAW CESAD (US) <[e-mail]>; Pelletier,
(US) <[e-mail]>
Subject: [Non-DoD Source] Upcoming projects
Hey all,
I just wanted to check in on a few projects that are upcoming this month.
You Can Fly LLC in Dare County
Quail Woods Village LTD in Craven
Cotton Patch Landing in Beaufort
Sorry to be a pest, and thanks as always,
Josh R CIV CESAW CESAD

February 14, 2017 ,
ME, MORANDUM
TO:
FROM:
1 SUBJECT:
Applicant;
ROY COOPER
Go me
MICHAEL S. REGAN
S_y
BRAXTON C. DAVIS
Dtnaar
Renee Gledhill -Early
NC Department of Cultural Resources
Doug Huggett, Major Permits Coordinator
Division of Coastal Management
CAMA/DREDGE & FILL,Pennit Application Review
You Can Fly, LLC; John Harris
t� la,- Itol
I Project Location: 7517 S. Virginia Dare Trail, Nags Head on the Roanoke Sound, Dare Co.
Proposed Project: 2 story commercial structure, bulkhead, reconfigure pier/platforms/10 slips
f
f
Please indicate below your agency's position or viewpoint on the proposed project and return this
'i form by 03/07/17 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: [phone]).
j If you have any questions regarding the proposed project, please contact Frank Jennings at (252)
!! 264-3901. 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 recormnended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached
icomments.
SIGNED f'L "� ^"""� ATE 71'
4 0
<,;'—Noliiiv4 Compares-- .
Stem ofNmth Carolina I Fairo=mW Quality I Cm l Management .
401 S. Gtiflfn St. Ste 3001 FUmbeth City. NC 27909
252.264-39011252-331-2951 tfax]

Energy, Mineral &
L and Resources
ENVIRONMENTAL OVALITY
April 17, 2017
You Can Fly, LLC
Attn: Mr. John Harris
PO Box 1839
Nags Head, NC 27959
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
TRACY DAVIS
Director
Subject: Stormwater Permit Exemption
Stormwater Project No. SW7170201
CAMA Major for You Can Fly
Dare County
Dear Mr. Harris:
On February 17, 2017, the Washington Regional Office of the Division of Energy, Mineral, and Land
Resources received a copy of your CAMA application for a project located at the You Can Fly site at
Nags Head, NC. The proposal included the redevelopment of an existing structure with parking,
wooden decks & bulkhead work. Staff review of the plans and specifications has determined that
the project, as proposed, consists of activities that will not pose surface water quality threats from
stormwater runoff since no new impervious area is proposed.
The Director has determined that projects that are reviewed and approved by the Division as not
posing water quality threats from stormwater runoff should not be subject to the stormwater
management permitting requirements of 15A NCAC 2H.1000. For this reason, we are informing
you by way of this letter that your project will not require a State Stormwater management permit
at this time.
The stormwater rules require the Division to permit the common plan of development, therefore,
any future development on the property, regardless of whether a SEC plan or CAMA Major permit is
also required, will require a Stormwater Management Permit application and permit issuance from
the Division of Energy, Mineral, and Land Resources prior to any construction. Any construction on
the subject site, prior to receipt of the required permit, will constitute a violation of 15A NCAC
2H.1000 and may result in appropriate enforcement actions by this Office.
Please keep in mind that this determination does not affect your legal obligation to obtain other
permits and approvals, which may be required by Federal, State, or local government agencies, rule
or law. If you have any questions, or need additional information concerning this matter, please
contact this office at [phone].
Sincerely,.
Bill Moore
Environmental Engineer
Washington Regional Office
cc: Gregg Bodnar, DCM, Morehead City
Albemarle & Associates
Washington Regional Office
Nothing Compares
State of North Carolina I Environmental Quality i Fnergy, Mineral and Land Resources
Washington Regional Office 1 943 Washington Square Mall I WasWnglon, NC 27889
_ssi IIA, _

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: You Can Fly, LLC; John Harris
2. LOCATION OF PROJECT SITE: 7517 S. Virginia Dare Trail, Nags Head on the Roanoke
Sound
Photo Index —2006: 185-721 (0,13) 2000: 185-2081 (0,13)
1998: 42-1052 (C,11)
State Plane Coordinates - X: 3004894 Y: 800425
3. INVESTIGATION TYPE: CAMA & D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 01/04/2017
Was Applicant Present - no
5. PROCESSING PROCEDURE: Application Received Complete — 02/06/2017
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan — Nags Head
Land Classification From LUP - conservation
(B) AEC(s) Involved: EW, PTA, ES
(C) Water Dependent: Yes
(D) Intended Use: Commercial
(E) Wastewater Treatment: Existing — LPP individual system
Planned — replacement LPP system
(F) Type of Structures: Existing — 2 story commercial structure, bulkhead,
riprap, mooring facility
Planned — 2 story commercial structure b I acl,
mooring facility BE,� lJ�
(G) Estimated Annual Rate of Erosion: n/a
Source — n/a FES 15 Z017
7. HABITAT DESCRIPTION: DREDGED FILLED DCWSNADEDCITY
(A) EW, PTA
470 sq ft
2905 sq ft
(B) upland (outside of AEC)
6101 sq ft
13,422 sq ft
(C) ES
(impervious)
3525 sq ft �aU{
(filled)
(D) Total Area Disturbed: 26, 423 sq ft 0(xt1>
(E) Primary Nursery Area: no
(F) Water Classification: SA Open: no

Field Investigation Report
You Can Fly, LLC
Page 2
8. PROJECT SUMMARY: The applicant proposes to demolish an existing retail structure
and pier and then rebuild the structure, septic system, and parking area further away from
normal water level (NWL) and reconfigure the pier with 10 boat slips.
Project Setting
The proposed project is located at 7517 S. Virginia Dare Trail US 64 on the Nags Head
causeway in Nags Head, Dare County. The site is adjacent to the Roanoke Sound. The tract is
approximately 34,304 sq ft with 342 ft of shoreline. The tract is approximately 4-6 ft above NWL
and is vegetated with typical lawn grasses and shrubs. The site is currently developed with a
1,019 sq ft 2 story structure housing a watersport rental business and a retail facility with
associated parking areas, fuel tank, wooden decks, bulkhead, riprap and an existing damaged
pier. A general permit to repair the pier due to hurricane damage was issued in April 2012.
There are no known areas of archaeological significance in the area.
The property to the east of the project site is developed with a public access pier and parking
area and the property to the west is bulkheaded and developed with a retail facility. The
Roanoke Sound in the area of the proposed project is classified as SA and is closed to
shellfish harvesting. Water depths in the area range from -1.5 ft adjacent to the bulkhead to -3.6
ft approximately 100 ft from NWL and the width of the Roanoke Sound in this area is
approximately 1100 ft. There were no observed areas of submerged aquatic vegetation. CAMA >-
Major Permit #105-12 was issued on September 19, 2012 for this project and expired IM IL -
December 31, 2015. W CL- U
0 0
Development Proposal LV LCn
_
The applicant proposes to demolish the existing 1,019 sq ft 2 story building and constrkrt +"
new 1700 sq ft 2 story building and install a new septic system. The existing structures+fs almost
completely within the 30 ft buffer zone. The new structure will be sited more landward with only C
approximately 25 sq ft within the 30 ft zone, however the 25 sq ft of structure within the zone is
over existing impervious surfaces. The existing site configuration including structures, decks,
and impervious surfaces comprise 54% of the total area within the 30 ft. zone and 59% within
the 75 ft Estuarine Shoreline. The new proposed configuration covers 36.7% of the 30 ft zone
and 56.7% within the 75 ft AEC.
The applicant will also demolish all the existing wooden uncovered decking which measures
approximately 3,525 sq ft and replace it with an approximately 6 ft by 100 ft boardwalk,
a 20 ft by 20 ft 2 story observation tower with a ramp, and decks connecting the structures
which all total 1,615 sq ft within the 75 ft AEC. The applicant also proposes to reposition the
existing fuel storage tank maintaining a 5 sq ft encroachment within the buffer zone. The
project also includes grading and resurfacing the existing parking area which totals 9,369 sq ft
within the 75 ft AEC and reducing the coverage to 9,325 sq ft. The resurfacing of the parking
area would include the use of porous concrete in some areas and adding gravel to others.

Field Investigation Report
You Can Fly, LLC
Page 3
The applicant also proposes to replace the existing damaged bulkhead along the shoreline.
The applicant would construct 235 ft of new wooden bulkhead with an alignment of 2 ft
waterward of the existing bulkhead and backfill behind the new bulkhead. The applicant would
then remove the existing pier and construct a 170 ft by 6 ft pier with a 135 ft by 6 ft platform
extension over the water along the edge of the new bulkhead and a 60 ft by 6 ft platform
extension at the end of the pier. Along the pier there would be eight, 6 ft by 11 ft floating jet -ski
ramps to service the jet -ski rental facility and six mooring pilings creating 2 boat slips for a total
of 10 slips. The existing pier has 4 mooring pilings creating 5 slips and they use mooring
buoys for 5 additional slips. The water depths in the area of the floating ramp are
approximately -2.7 ft and -3.6 ft in the area of the mooring pilings.
Anticipated Impacts
The proposed development will result in the following impacts.
1. 2,905 sq ft of Estuarine Waters Public Trust Area AEC will be shaded as a result of the new
pier construction. The project will also create 5 additional formalized slips for a total of 10
slips
2. 13,422 sq ft of impervious coverage (56.7%) in the Estuarine Shoreline AEC as a result of
the new structure location and parking areas. This amount represents an overall increase
of 492 sq ft. Included in these figures are the impacts to the Public Trust Shoreline AEC
which represent a 1,610 sq ft reduction in impervious surfaces within this AEC.
3.470 sq ft of Estuarine Water Public Trust Area AEC will be filled as a result of the bulkhead
construction.
Submitted by: Frank Jennings
Date: February 13, 2017

Coastal Management
ENVIRONMENTAL QUALITY
April 19, 2017
FILE NOTE
RE: You Can Fly LLC
7517 S. Virginia Dare Trail
Nags Head, NC
FROM: Gregg Bodnar, Assistant Major Permits Coordinatod�p
ROY COOPER
Governor
MICHAEL S. REGAN
secretary
BRAXTON C. DAVIS
Director
While Major Permits' and Field Rep's (Frank Jennings) FT' calculations do not agree, calculations fall
below the maximum 2,00ft2 area determined by the 8ftt per linear foot rule. Linear footage of the
property's shoreline is MP-1 (4)(a) is 342 feet.
State of North Carolina I Environmental Quality I Coastal Management
Morehead City Office 1 400 Commerce Avenue I Morehead City, NC 28557
2528082808

Bodnar, Gregg
From: John Delucia <[e-mail]>
Sent: Tuesday, April 18, 2017 4:56 PM
To: Bodnar, Gregg PI,
Subject: RE: You Can Fly LLC rill
Gregg,
I am not sure why I listed 12 on the MP4 Please change that to 6. We are only showing 6 on the plan.
Sincerely:
John
John M. DeLucia, PE
Vice President
Albemarle & Associates, Ltd.
Johnd(dAlbemarleAssociates.com
www.AlbemarleAssociates.com
PO Box 3989, Kill Devil Hills, NC 27948 (Mail)
115 West Saint Clair Street, Kill Devil Hills, NC 27948 (Street Address)
Ph 252-441-2113 Fax [phone]
CONFIDENTIALITY NOTICE. This message, including any accompanying documents or attachments, may contain information that is confidential or that is
privileged. If you are not the intended recipient of this message, please note that the dissemination, distribution, use or copying of this message or any of the
accompanying documents or attachments is strictly prohibited. If you believe that you may have received this message in error, please contact me at 252-441-
2113 or by return e-mail.
From: Bodnar, Gregg [mailto:[e-mail]]
Sent: Tuesday, April 18, 2017 4:48 PM
To: John Delucia <[e-mail]>
Subject: You Can Fly LLC
Afternoon John,
I wanted to ask about a small detail about the mooring pilings. The workplan notes 6 mooring piles and the
MP4 notes 12. Could you verify for me the right number?
Thanks for everything,

Gregg
Gregg Bodnar
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
252 808 2808 ext 215 office
Gregg. Bodnar(o)ncdenr.gov
400 Commerce Ave
Morehead City, NC 28557
Nothing Compares �,
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

ROY COOPER
Gove' ,"e
MICHAEL S. REGAN
Sri rerun'
BRAXTON C. DAVIS
0irector
Coastal Management
ENVIRONMENTAL QUALITY
EMAIL MEMORANDUM
TO: Susan Simpson
The Coastland Times
Manteo, NC 27954
legals @ thecoastlandtimes.net
FROM: Yvonne Carver
Coastal Management Representative
DATE: 01 /13/17
SUBJECT: Public Notice: You Can Fly, LLC
Please publish the attached Notice in the Sunday, February 19, 2017 issue of The
Coastland Times.
The State Office of Budget and Management requires an original Affidavit of Publication
prior to payment for newspaper advertising. Please send the affidavit, an original copy
of the published notice, and an original invoice to Melissa Sebastian, NC Division
Of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557,
(Telephone [phone]).
Thank you for your assistance in this matter. If you should have any questions, please
contact me at our Elizabeth City office [phone].
Attachment
cc: Doug Huggett, Major Permits Coordinator, DCM, Morehead City
Sarah Young, PIC, DCM, Raleigh
Melissa Sebastian, Accounts Payable, DCM, Morehead City
File
(RECEIVED
FEB 15 2017
?''Nothing Compares
State of North Carolina I Environmental Quality I Coaemi Management DCM- M H D CITY
401 S, Griffin & Suite 3001 Elizabeth City, NC 27909
252-26439011252-331-2951 I&-]

NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
The NC Department of Environmental Quality hereby gives public notice as
required by NCGS 113A-119(b) that application for a development permit in an AEC as
designated under the CAMA was received on 02/06/17. You Can Fly, LLC proposes to
demolish & reconstruct an existing retail structure, install new septic system, grade &
resurface parking area, reconstruct existing bulkhead & reconfigure the pier/platform(s)
with 10 slips, located at 7517 S. Virginia Dare Trail, Nags Head in Dare County.
A copy of the entire application may be reviewed at the office of the Division of
Coastal Management, located at 401 S Griffin St, Ste 300, Elizabeth City, NC, 252-264-
3901 during normal business hours. Comments mailed to Braxton Davis, Director, DCM,
400 Commerce Avenue, Morehead City, NC 28557, prior to 03/11/17, will be considered
in making the permit decision. Later comments will be considered up to the time of permit
decision. Project modification may occur based on review & comment by the public, state
& federal agencies. Notice of the permit decision in this matter will be provided upon
written request.
PLEASE PUBLISH ON: Sunday, February 19, 2017
G
10

r A
ROY COOPER
MICHAEL S. REGAN
se<,emry
BRAXTON C. DAVIS
Coastal Management
ENVIRONMENTAL OUAUTY
February 13, 2017
Mr. John DeLucia
Albemarle & Associates, Ltd.
P.O. Box 3989
Kill Devil Hills, NC 27948
Dear Mr. DeLucia:
The NC Division of Coastal Management hereby acknowledges receipt of the
application submitted on behalf of You Can Fly, LLC for State approval for
development of their property located at 7517 S. Virginia Dare Trail, Nags
Head, in Dare County. It was received on February 6, 2017, and appears to
be adequate for processing at this time. The projected deadline for making a
decision is April 22, 2017. An additional 75-day review period is provided by
law when such time is necessary to complete the review. If you have not been
notified of a final action by the initial deadline stated above, you should
consider the review period extended. Under those circumstances, this letter
will serve as your notice of an extended review. However, an additional letter
will be provided on or about the 75th day.
If this agency does not render a permit decision within 70 days from
February 6, 2017, you may request a meeting with the Director of the
Division of Coastal Management and permit staff to discuss the status of
your project. Such a meeting will be held within five working days from the
receipt of your written request and shall include the property owner,
developer, and project designer/consultant.
NCGS 113A-119(b) requires that Notice of an application be posted at the
location of the proposed development. Enclosed you will find a "Notice of
Permit Filing" postcard which must be posted at the property of the proposed
development. You should post this notice at a conspicuous point along the
property where it can be observed from a public road. Some examples would
be: Nailing the notice card to a telephone pole or tree along the road right-of-
way fronting the property, or at a point along the road right-of-way where a
private road would lead one into the property. Failure to post.this notice could
result in an incomplete application. RECEIVED
''Nothing Compares : FEB 15 2017
State of North Carolina I Environmental Quality I Coastal Management
401 S. 522Elizabeth[r27909
643901125232951ol D C M - M H D CITY

Mr. John DeLucia
February 13, 2017
Page 2 of 2
An onsite inspection will be made, and if additional information is required,
you will be contacted by the appropriate State or Federal agency. Please
contact me if you have any questions and/or if you wish to receive a copy of
my field report.
Sincerely,
Frank Jennings
District Manager, Northeastern District
Division of Coastal Management
FJ/yc
Enclosure
cc: Doug Huggett, Major Permits Coordinator, DCM
John Harris, You Can Fly, LLC, Applicant
RECENED
FEB 15 ZW7
DCM_ WD CITY

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PERMIT
APPLIED FOR
PROJECT: demolish. & reconstruct a 2-story'bldg.; install new septic
system; demolish wooden uncovered decking & replace with board-
walk; grading & resurfacing existing parking area; construct
replacement bulkhead & pier with platform(s); add 8 floating jet -ski
ramps & 6 mooring pilings creating 2 boat slips for a total of 10
slips.
COMMENTS ACCEPTED THROUGH 03119117
APPLICANT. FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
John Harris; You Can Fly LLC ^ Frank Jennings, Division of
P.O. Box 1839, Nags Head, NC Coastal Management, 401 S.
27959; 252-441-4127 Griffin St., Ste 300, Elizabeth City,
Consultant: John DeLucia; Albemarle NC 27909; 252-264-3901, ext. 235
& Associates; 252-441-2113

MAJOR PERMIT FEE MATRIX
Applicant: carJ PI-Y, Cl-
9

KITTY HAWK KITES, INC. 223188
Kitty Hawk Kites. Tnr. 223188
VENDOR ID
NAME
PAYMENT NUMBER
21
CHECK DATE
DOCUMENT NUMBER
DATE
AMDL W
AMOUNT PAID
DISCOUNT
NET
052076 WHALEEDNE
CAMA
2/21/2016 $
00.00 $400.00
$0.00
$0.00 $400.00
Received
TAN 4 - 11111
DCM EC
400.00__
COMMENT
4
DECEIVED
FE815 2011
pcM. MHp CITY

■ Complete items 1, 2, and 3. Signatu
■ Print your name and prirdross tfn the reverse ❑ Agent
so that we can return the card to you. I ON Adore
■ Attach this card to the back of the mailpiece, B. y a( of D II
or on the front If space permits. 1
1. ArtIcle Addressed to: D. Is deliv address tlifferent from Item 17 ❑ tes
Caribbean Corners LLC If YF3; e- roe ryaddress below: [3No
7808 South North Shore Road = R N
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Domestic Return Receipt
■ Complete items 1, 2, and 3.
■ Print your name and address on the rev e
so that we can return the card to you.
■ Attach this card to the back of the mailp ca,
or on the front if space permits.
Town of Nags Head
Attn Cliff Ogburn
PO Box 99
Nags Head, NC 27959
Ilf II�III I'll I'I I II II I IIIIIIIII I I I I�IIII III
9590 9402 1662 6053 8741 47
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❑ Adult Signature
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❑ Signature Confinnation
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Restricted Delivery
PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt
Received
FF8 - 6 2017,
DMLt
RECEIVED
FEB 15 2017
DCM- MHD CITY
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Washington, NC 27889
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302 5 CROATAN HWY
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27948-9998
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Product Sale Final
Description oty Price
First -Class 1 $1.99
Mail
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(Expected Delivery Day)
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Certified 1
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(959094021662.605387413(1)
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(Domestic)
(NAGS HEAD, NC 27959)
(Weight:0 Lb 5.30 Oz)
(Expected Delivery Day)
(Saturday 12/17/2016)
Certified 1
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AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Received
AN - ir'p
Name of Property Owner Requesting Permit: You Can Fly, LLC
- C
Mailing Address:
Phone Number:
Email Address:
PC Box 1839, Nags Head, NC, 27959
252-441-4127
I certify that I have authorized Albemarle & Associates, Ltd
Agent / Contractor
to act on my behalf, for the purpose of applying for and obtaining all CAMA permits
necessary for the following proposed development: You Can Fly site redevelopment
at my property located at 7517 South Virginia Dare Trail, Nags Head, NC, 27959
in Dare County.
I furthermore certify that I am authorized to grant, and do in fact grant permission to
Division of Coastal Management staff, the Local Permit Officer and their agents to enter
on the aforementioned lands in connection with evaluating information related to this
permit application.
Owner Information:
JO�1 Harris
Print or Type Name
You Can Fly LLC, Manager
Title
Date
This certification is valid through I- / 'N / �7
RECEIVED
FEB 15 2017
DCM- MHD CITY

DARE _ � REAL ESTATE
COUNTY TRANSFER TAX
LT
Y�
d
0
Excise Tax: S900.00
Parcel Identifier No.
By:
Filed Beck: 1562 Page: 290 Doo 1& 6133511
06/10/2004 03:531aM Receipt ♦. 111759
Dcc Coda: DEED NC Excise Tax Pd: SM.00
SAMARA M GRRY, REGISTER OF DEEDS DARE CO, ND
III �II ,IIIIIII �� IIII� ••'u I� tRa' 0g%10011
06704 3 MP
NORTH CAROLINA GENERAL WARRANTY DEED
Verified by County on the _ day of
Ma"ox to: John G. Gaw, Ji.-X
This instrument was prepared by: Dan L. Merrell
Brief description for the Index: Lot A - Nags Head Causeway
THIS DEED made this 7th day of May'�Q4, by and between
GRANTOR
ARTIJIJR
JUUMMM C. TILLETT AND WIFE, PAME. TH,LETT
146 Arbor Drive
Manteo, Nc 27954
YOU CAN FLY, LLC
PO Box 1839
Nags Head, NC 27959
20_
r i
Enter in appropriate block for each party: name, add6�and re, if appropriate character of entity, e.g. corporation or partnership
The designation Grantor and Grantee as used herein shall in a said parties, their heirs, successors, and assigns, and shall include
singular, plural, masculine, feminine or neuter as required breontext.
W ITNESSETH, that the Grantor, for a valuable consideration
�poby the Grantee, the receipt ofwhichis hereby acknowledged, has
and by these presents does grant, bargain, sell and convey unto th;` antee in fee simple, all that certain lot or parcel of land situated
in the City of, Nags Head Township, Dare County, North Carol ;n —Rd more particularly described as follows:
Lot A, as shown on that map or plat entitled "Causeway Investor] as drawn by C.P. Lewis, Registered Land Surveyor,
dated August 25,1989, and duly recorded in Plat Cabinet C, Slide9�w, Dare County Registry.
The property heremabove described was acquired by Grantor by instrument recorded in Book 1022, page 811.
A map showing the above described property is recorded in Plat Cabinet C, Slide'92-B.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges a enances thereto belonging to the Grantee
in fee side.
RECEIVED
FEB 15 2017
NC Bar Association Form No. 3 © 1976, Revised © 1977, 2002 �•
Printed by Agreement with the NC Bar Association— 1981 - Chicago Title Insurance Compan?. > DC M- M H D CITY
� 16
0 Book 1563 Page 29

III1IBNI 18111101011 ��° ;
Easements and restrictions appearfng of record.
.Yeses subsequent to the year 2003 not yet due and payable.
v O IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written.
xll�(SEAL)
.ty Name) ARTHUR C. TlILtTf
By:
Title:
By:
Title: O
By: -0e,
Qom'. `• -•
j N0(Ar{),
G
• pUB0
i��S�F rni�N1�•
riif � t'•, :�A&Z;3 (SEAL)
PAMELA P. TILLETT
azolina — County of Dare
'grid Notary Public of the County and State aforesaid, certify that ARTHUR C. TILLETT AND
P. TILLETT personally appeared before me this day and acknowledged the due execution of the
instrument for the purposes therein expressed Witness my hand and Notarial staff or seal this /C
;v `Aday of May, 2004. /•_
My ConVm'ssion Exotts:
State
The foregoing Certificate(s) of %t 11 CO 1'i U ." l�
islare certified to be correct. This inslttument and this certificate are
on the first page hereof.
V I �!14l if! / 1aAC8iC7—:7�' yam.
Notary Public
registered at the date and time and in the
%L County
- Register of Deeds
NC Bar Association Form No. 3 © 1976, Revised m 1977, 2002
Printed by Agreement with the NC Bar Association — 1981 - Chicago Title Insurance Compan
d �G
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Parcel Data Sheet
Page 1 of 1
County of Dare, North Carolina
-owner and Parcel Information is based on current data on file and was last updated on February 10 2017
Primary (100%) Owner Information:
YOU CAN FLY, LLC
PO BOX 1839
NAGS HEAD NC 27959
Parcel Information:.
Parcel:007101002 PIN:080018408563
District: 14- NAGS HEAD
Subdivision: SUBDIVISION - NONE
LotBIkSect: LOT: A BLK: SEC:
Multiple Lots: -
PlatCabSlide: PL: C SL: 92B Units: 0
Deed Date:05/10/2004
BkPg:1563 298
Parcel Status: ACTIVE
Property Use: RECREATIONAL
BUILDING USE & FEATURES Tax Year Blda Value: 571.900
Building Use:
Exterior Walls:
Full Baths:
Bedrooms:
Heat -Fuel:
Heat -Type:
Air Conditioning:
MISCELLANEOUS USE
RETAIL SINGLE OCCUP
Half Baths:
Tax Year Misc Value: $36.500
7517 S VA DARE TRL
Next Year Blda Value: S71.900
Actual Year Built: 1981
Finished sqft for building 1: 836
Total Finished SgFt for all bldgs: 836
Misc Bldg a: (PCI) PAVING CONCRETE AVERAGE Year Built: 1981 sgft:11000
Misc Bldg b: (RS1) FRAME UTILITY SHED Year Built: 1981 sqft: 64
Misc Bldg c: (BK1) BULKHEAD Year Built: 1993 sqft: 300
Misc Bldg d: (RD2) MED. WD. DOCK WD. GIRDERS BOLT Year Built: 2012 sqft: 300
Next Year Misc Value: S36.500
LAND USE Tax Year Land Value: $320,800 Next Year Land Value: $320,800
Land Description : 14-Commercial Sound Front
TOTAL LAND AREA: 34000 square feet
Tax Year Total Value: $429,200
*Values shown are on file as of February 102017
RECEIVED
FEB 15 2017
DCM- MHD CITY
Next Year Total Value: $429,200
https://tax.darecountync.gov/parcelcard.php9parcel=007101002 2/13/2017

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NC Division of Coastal Management
Major Permit Application Computer Sheet
/n1 M/1101
(1 1/V I/GV Icy
Date: 02/14/17
Applicant: You Can Fly, LLC; John Harris
Project Site County. Dare
Staff. Frank Jennings
District: Elizabeth City Washington
❑ Morehead City ❑Wilmington
Project Name: You Can Fly
�..�� neernm7lnm1DRRM/T INFORMATION
PNA: []Yes ®No
Photos Taken: Yes N
Setback Required (riparian): ❑Yes
No
Critical Habitat: ❑Yes No Not
15 foot waiver obtained: Yes No
Oyerd ❑NoicaAon Returned.,
Sure
SAV: Yes ®No Not Sure
Shell Bottom: ❑Yes ®No Not Sure
Temporary Impacts: Yes No
Sandbags: []yes No LJ Not Sure
Did the land use classification come from
Mitigation Required (optional):
[]Yes ®No
county LUP: []Yes ®No Town -Nags
Head
Moratorium Conditions: JTYes rrNo
E❑nvironm❑entta®sAessment Done:
®NA
ocrnuneov waTFR CLASSIFICATION - OPTIONAL (choose MAX of 4) NIA
V ❑Future Water Supply (FWS) Nutrient Sensitive Waters (NSW) ❑ Swamp Waters (SW)
High ouality Waters (HOW) Outstanding Resource Waters (UHW)
WETLANDS IMPACTED WA
❑ (404) Corp. of Engineers (Jurisdictional
(LS) Sea lavender (Limonium sp.)
(SS) Glasswort ( Salicomia sp.)
wetlands)
(CJ) Saw grass (Cladium jamaicense)
11 (SA) Salt marsh cordgress (Spartina
(SY) Sa1t reed grass (Spartina
cynosuroides)
altemiflora)
(OS) Salt or spike grass (Distichlis
(SC) Bullrush or three square (Scirpus
0 (TY) Cattail (Typha Sp.)
spicata)
sp-)
(JR) Black needlerush (Juncus
(SP) SaWmeadow grass (Spartina
roemerianus)
patens)
APPLICATION FEE
❑ No fee required - $0.00
❑ 111(A) Private w/ D&F up to 1 acre;
❑ 111(D) Priv. public or Comm w/D&F to 1
3490 cant be applied - $400
3490 can be applied - $250
acre;
-ETMinor Modification to a CAMA Major
El Major Modification to a CAMA Major
IV Any development involving D&F of
more than 1 acre - $475
permit - $100
permit - $250
Permit Transfer - $100
Z 111(B) Pu61ic or commercial w/ D&F to 1
Express Permit- $2000
acre; 3490 can be applied - $400
Major development extension request -
11. Public or commeroiaYno dredge
i y E D
$100
and/or fill - $400
I. Private no dredge andror fill - $250
III(C) Priv. public or Comm w /D&F to 1
B 15 2017
acre; 3490 can be applied, DCM needs
DWo agreement - $400
252-908-2808 :: 1-888-4RCOAST :: WWw nccoastalmanaaement.nef
revised: Nov. 2012

NC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3)
Applicant: You Can Fly, LLC; John Harris
Date: 02114117
Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of
measurement found In your Activities code sheet.
TYPE
REPLACE
Activity Name
Number
Choose
Choose
Dimension 1
Dimenslon 2
Dimension 3
Dimension 4
One
One
misc.
1
New Work ®
Replace
42
40
Building-
Maint❑
® Y ❑ N
Retail Space
Boardwalk
1
New Work
Replace
100
6
Maint ❑
❑ Y N N
Misc.
1
New Work
Replace
20
20
Building-
Maint ❑
❑ Y O N
Observation
Tower
High Ground
1
New Work
Replace
155
60
disturbance
Maint❑
O Y ❑ N
for grading/
resurfacing
parking
Bulkhead
1
New Work
Replace
235
1
0
(wooden)
Maint ❑
N Y ❑ N
2
Pier
1
New Work
Replace
170
6
Maint ❑
O Y ❑ N
Platform
1
New Work
Replace
135
6
Maint ❑
❑ Y O N
Platform
1
New Work
Replace
60
6
Maint❑
❑ Y O N
Floating jet-
8
New work
Replace
11
6
ski platforms
Maint ❑
❑ Y O N
Mooring
6
New Work
Replace
6
pilings
Maint ❑
❑ Y ® N
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Q
Maint ❑
❑ Y ❑ N
New Work
Replace
As
Maint❑
❑Y❑N
O1
New Work EF
Replace
!�
Maint❑
❑ Y ❑ N
New Work
Replace
4zl�
Maint ❑
❑ Y ❑ N
rC'
New Work
Replace
Maint ❑
❑ Y ❑ N
V
New Work U
Replace
Maint❑
❑Y❑N
revised Nov. 2012

NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 3)
Applicant: You Can Fly, LLC; John Halls
Date: 02114117
Describe below the HABITAT disturbances for the application. All values should match the name, and units of rmossurement
found in your Habitat code Sheet.
Habitat Name
DISTURB TYPE
Choose One
TOTAL Sq. Ft.
(Applied for.
Disturbance total
includes any
anticipated
restoration or
temp impacts)
FINAL Sq. Ft.
(Anticipated final
disturbance.
Excludes any
restoration
and/or temp
Impact amount)
TOTAL Feet
(Applied for.
Disturbance
total includes
any anticipated
restoration or
temp Im cta
FINAL Feet
(Anticipated final
disturbance.
Excludes any
restoration andror
temp impact
amount
Open Water
Dredge ❑ Fill ❑ Both ❑ Other ®
2905
2905
High Ground
Disturbance
Dredge ❑ Fill ❑ aomOer
13422
Shallow bottom
Dredge ❑ Fill ® Both ❑ Other ❑
470
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ other ❑ 1-1
RECEIVED
FEB 15 2011
DCM- MHD CITY
252-808.2808 :: 1-888.4RCOAST :: www nccoastalmanagement.net revised: Nov. 2012

ROY COOPER
rnarmr
1C. WILLIAM G. ROSS, JR.
rnamrswWary
Coastal Management BRAXTON DAVIS
ENVIRONMENTAL OVALITY nvVlb
January 12, 2017
Mr. John DeLucia
Albemarle & Associates, Ltd.
P.O. Box 3989
Kill Devil Hills, NC 27948
Re: You Can Fly, LLC
Dear Mr. DeLucia:
The NC Division of Coastal Management hereby acknowledges receipt of your application on
January 4, 2017, for State approval for the development of the referenced project. An initial
screening of the submittal package has been conducted as per 15A NCAC 07J.0202, 07J.0203, and
07J.0204 (copy enclosed). This revealed certain deficiencies, which must be corrected before the
application package can be accepted as complete. To assist you in expediting the permitting
process as much as possible, I am notifying you of these deficiencies immediately so that they can
be quickly corrected to facilitate my detailed review.
Because the deficiencies are easily correctable, I am not returning the original application package.
Please make the needed changes, and submit the appropriate documentation. With the retained
copy of the application, I can commence the detailed review. Please understand that the subsequent
detailed review may reveal additional areas where further information or documentation is
required to demonstrate compliance with the rules directly applicable to the proposed
development. If this occurs, you will be notified of such issues separately.
Our initial screening has identified the following deficiencies:
1. Adequate Work Plans or Drawings have not been submitted. Please address the following
items:
■ The submitted drawing C202 omitted an existing pier and pilings, shoreline riprap,
and several floating jet ski ramps. These features must be added to the drawing for
an accurate depiction of existing conditions on the property.
■ Normal water line (NWL) must be depicted on all drawings.
• Cross -Section Drawings are needed for the elevated observation deck with roof and
stairway, the proposed two-story framed building with the first floor elevation
depicted, and the proposed bollards.
2. An updated Project Narrative of the proposed development must be provided. Please
submit a narrative that addresses the full activities of the project.
3. Documentation of Notification of Riparian Property Owners must be provided. Please
submit the green card for Jim Nance. RECEIVED
--5�>"Nothing Compares...•..-- JAN 17 2017
State of North Carolina I Environmental Quhty I COUtil Mam•emenr
401 S. Gruen SL, Ste 300I Elie" City, NC 27909
252-264-39011252-331-2951 [fax] DC M- M H D CITY

Mr. John DeLucia
January 12, 2017
Page 2 of 2
To expedite our response to your permitting request, we will commence the detailed review of
your application for a permit pending the receipt of the additional information requested above.
However, the statutorily provided 75/150 days allowed for review cannot commence until such
time as we have received a complete application package. Once your application has been accepted
as complete, you will receive a separate notification letter.
If it is not possible to render a permit decision within 70 days of the date when your application is
received complete, you may request a meeting with the Director of the Division of Coastal
Management and permit staff to discuss the status of your project. Such a meeting will be held
within five working days from the receipt of your written request and shall include the property
owner, developer, and project designer/consultant.
Please do not hesitate to contact me at our Elizabeth City office (252.264.3901) if you have any
questions regarding this letter or the permitting process.
Sincerely,
Frank Jennings, District Manager
Northeastern District Office
cc: JAwA@4 uggctt, Major Permits Coordinator, DCM, Morehead City
You Can Fly, LLC, Applicant
RECEIVED
'! 17 2017
DCM- MHD CITY

15A NCAC 07J .0202 PERMIT APPLICATIONS
(a) Any person seeking to obtain a permit for a major development and/or dredge and fill project is required to file with the
Department an application completed in accordance with 15A NCAC 7J .0204(b)(1) through (7).
(b) Any person seeking to obtain a permit for a minor development project is required to file with the local permit officer a
completed application form as adopted and approved by the Coastal Resources Commission and in accordance with the minor
permit provisions in 15A NCAC W .0204.
(c) Regardless of whether any advice or information was provided by other persons, including department officials, the
applicant is responsible for the accuracy and completeness of the information provided in the application.
History Note: Authority G.S. 113-229; 113A-119; 113A-124(b);
Eff: March 15, 1978,
Amended Ef. .. December 1, 1985, May 1, 1985; November 1, 1984; November 1, 1983.
15A NCAC 07J .0203 PREPARATION OF WORK PLATS
(a) General. Project plans or work plats must include a top or planview, a cross -sectional view, and a location map. All plats
must have the standard north arrow. North should be at the top of the plat. The prints must be neat and sufficiently clear to
permit photographic reproduction. Originals are preferred as copies are often found to be unacceptable. The applicant should
use as few sheets as necessary to show clearly what is proposed. Work plats must be accurately drawn to scale. A scale of 1"
= 200, or less is normally required in order that project detail can be easily understood.
(b) Details of Work Plats
(1) Topview or Planview Plats. Such drawings must show existing and proposed features such as dune
systems, shorelines, creeks, marshlands, docks, piers, bulkheads, excavated areas, fill areas, type and
location of sewage treatment facilities and effluent outlets. Existing water depths must be indicated using
mean low water as base or zero. These can be shown either as contours or spot elevation. Care should be
used in indicating which features are existing and which are proposed. Property boundaries, as they appear
on the deed, and the names of adjacent property owners must be shown on the detailed plat. The work plat
must clearly show any areas to be excavated and exact locality for disposal of the excavated material. When
fill material is to be placed behind a bulkhead or dike, the plan must be sufficiently detailed to show the
exact location of such bulkheads or dikes, and the adequacy of the bulkhead or dike to confute the material.
Drawings must indicate approximate mean low and mean high water lines and the presence of marsh in the
area of proposed work. In areas where the difference in daily low and high tides is less than six inches,
only an average water level must be indicated.
(2) Cross -Section Drawing. A cross -sectional diagram showing depth and elevation of proposed work relative
to existing ground level -- mean low and mean high water line must be included in the plan. The mean low
water must be the reference for water depths and land elevations (i.e., mean low water should be depicted
as "Elevation 0.0 MLW"). First floor elevations relative to mean sea level must be shown for any proposed
buildings.
(3) Location Map. A map of small scale showing the location of the proposed work is also required. The
location map must provide adequate information to locate the project site.
(4) Title of Drawing. Each drawing must have a simple title block to identify the project or work, and shall
include name of applicant, date the plat was prepared, and scale of the plat. The date of any revisions must
be clearly noted. The applicant must also include the name of the person who drew the plat.
(c) Applications are often made for permits to authorize projects that have a portion of the development outside Areas of
Environmental Concern. Some information concerning plans for development outside AECs is necessary to determine
compatibility with the local Land Use Plan and to be reasonably sure that such development will not adversely impact AECs.
Therefore, any application for a CAMA or Dredge and Fill permit shall include, at a minimum the following information:
(1) detailed information on any development located in or directly impacting an AEC;
(2) a plat showing the entire tract of land to be developed and possible access or roadway locations;
(3) maps or statements concerning the location of wetlands within the project area to the extent that a wetlands
examination has been made by a private consultant or government agency. Each developer of a project is
urged, for his own protection and planning, to procure such information prior to submission for a CAMA
permit; aR�EmIV °1D�
(4) a narrative description of the proposed development that shall include, B
information:
JAN 17 2017
DCM- MHD CITY

— , (A) the character of the development (i.e. residential, commercial, recreational, etc.);
(B) the maximum number of residential living units that will be permitted;
(C) the maximum acreage that will be utilized for non-residential purposes;
(D) a statement as to whether wastewater treatment is to be by municipal system, septic tank, or other
on -site treatment system. A general description of any on -site treatment system shall be included;
(E) a statement that access, as required by all land use regulations, is available through the site to the
Area of Environmental Concern without crossing any Section +404= wetland or, if such a
crossing is required, a statement that said crossing is properly authorized. If the site contains
significant wetlands, such statement may be required from a qualified private consultant or
government agency, based on an examination of the property by such private consultant or
government agency. The CAMA permit when issued may be conditioned upon the procurement
of any required wetlands permit, if the need for such is disclosed by such statement;
(5) any maps or plans that have been prepared to meet other regulatory requirements such as stormwater
management and sedimentation and erosion control.
Following review of the permit application, including the aforementioned supporting data (Subparagraphs 1-5), a permit may
be issued conditioned upon compliance with the development parameters provided in the narrative statement accompanying
the application. Any subsequent violation of these narrative standards as incorporated within the permit shall be a permit
violation. No subsequent permit, permit modification, or other agency approval shall be required for any subsequent work
performed outside the Area of Environmental Concern as long as such work is within the parameters described in the narrative
statement presented with the permit, and included in the permit conditions. Any subsequent change in the development which
changes the parameters of the narrative, statement shall be submitted to the staff, but no new permit or permit modification
shall be required unless staff finds that the changes would have reasonable expectation of adversely affecting an Area of
Environmental Concern or rendering the project inconsistent with Local Land Use Plans. Nothing in this Rule would prohibit
an applicant from proceeding with work outside an AEC that cannot reasonably be determined to have a direct adverse impact
on the AEC while a permit application for work in the AEC is pending provided that all other necessary local, state, and
federal permits have been obtained.
VED
History Note: Authority G.S. 113A-119, 113A-124,
Eli March 15, 1978, J 2017
Amended Eff. July 1, 1989.
DC "11.HD Clff
15A NCAC 07J .0204 PROCESSING THE APPLICATION
(a) On receipt of a CAMA major development and/or dredge and fill permit application by the Department, a letter shall be
sent to the applicant acknowledging receipt.
(b) Application processing shall begin when an application is accepted as complete. Before an application will be accepted
as complete, the following requirements must be met;
(1) a current application form must be submitted;
(2) all questions on the application form must be completed or the letters "N/A" must be placed in each section
that does not apply;
(3) an accurate work plan as described in 15A NCAC U .0203 herein must be attached to all CAMA major
development and/or dredge and fill permit applications;
(4) a copy of a deed or other instrument under which the applicant claims title must accompany a CAMA major
development and/or dredge and fill permit application;
(5) notice to adjacent riparian landowners must be given as follows:
(A) Certified return mail receipts (or copies thereof) indicating that adjacent riparian landowners (as
identified in the permit application) have been sent a copy of the application for the proposed
development must be included in a CAMA major development and/or dredge and fill permit
application. Said landowners have 30 days from the date of notification in which to comment.
Such comments will be considered by the Department in reaching a final decision on the
application.
(B) For CAMA minor development permits, the applicant must give actual notice of his intention to
develop his property and apply for a CAMA minor development permit to all adjacent riparian
landowners. Actual notice can be given by sending a certified letter, informing the adjoining

- . property owner in person or by telephone, or by using any other method which satisfies the Local
Permit Officers that a good faith effort has been made to provide the required notice;
(6) the application fee must be paid as set out in this Subparagraph:
(A) Major development permit - Application fees shall be in the form of a check or money order
payable to the Department. The application fee for private, non-commercial development shall be
two hundred fifty dollars ($250.00). The application fee for a public or commercial project shall
be four hundred dollars ($400.00).
(B) Minor development permit - Application fees shall be in the form of a check or money order
payable to the permit -letting agency in the amount of one hundred dollars ($100.00). Monies so
collected may be used only in the administration of the permit program;
(7) any other information the Department or local permit officer deems necessary for a review of the
application must be provided. Any application not in compliance with these requirements will be returned
to the applicant along with a cover letter explaining the deficiencies of the application and will not be
considered accepted until it is resubmitted and determined to be complete and sufficient. If a local permit
officer receives an application for a permit that the local permit officer lacks authority to grant, the permit
officer shall return the application with information as to how the application may be properly considered;
and
(8) for development proposals subject to review under the North Carolina Environmental Policy Act (NCEPA),
G.S. 113A-100 et. seq., the permit application will be complete only on submission of the appropriate
environmental assessment document.
(c) Upon acceptance of a major development and/or dredge and fill permit as complete, the Department shall send a letter to
the applicant setting forth the data on which acceptance was made.
(d) If the application is found to be incomplete or inaccurate after processing has begun or if additional information from the
applicant is necessary to adequately assess the project, the processing shall be terminated pending receipt of the necessary
changes or necessary information from the applicant. During the pendency of any termination of processing, the permit
processing period shall not run. If the changes or additional information significantly alters the project proposal, the
application shall be considered new and the permit processing period will begin to run from that date.
(e) Any violation occurring at a proposed project site for which an application is being reviewed shall be processed according
to the procedures in 15A NCAC 7I .0408 - 0410. If the violation substantially altered the proposed project site, and
restoration is deemed necessary, the applicant shall be notified that processing of the application will be suspended pending
compliance with the notice of required restoration. Satisfactory restoration of any unauthorized development that has
substantially altered a project site is deemed necessary to allow a complete review of the application and an accurate
assessment of the projects potential impacts. The applicant shall be notified that permit processing has resumed, and that a
new processing deadline has been established once the required restoration has been deemed satisfactory by the Division of
Coastal Management or Local Permit Officer.
(f) If during the public comment period a question is raised as to public rights of access across the subject property, the
Division of Coastal Management shall examine the access issue prior to making a permit decision. Any individual or
governmental entity initiating action to judicially recognize a public right of access must obtain a court order to suspend
processing of the permit application. Should the parties to legal action resolve the issue, permit processing shall continue.
History Note: Authority G.S. 113-229; 113A-119; 113A-119.1; 113A-122(c); 113A-124;
E).: March 15, 1978,
Amended Eff. November 1, 1991; March 1, 1991; July 1, 1990, July 1, 1989;
Temporary Amendment E .. September 2, 1998,
Temporary Amendment Expired June 28, 1999;
Amended E)j° August 1, 2000.
RECEIVED
JAN 17 2017
DCM- MHD CITY

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