34-14 Luby, James

Permit Class Permit Number
NEW - 34-14
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
erMit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to James Luby,195 Maple Lake Road, PA 18444
Authorizing development in Dare County Sudie Payne Road, Village of Rodanthe, off
NC 12 as requested in the permittee's application dated 12/27/13QR-1. MP-51 and
12/23/13 (MP-2), including the attached workplan drawing (1), dated 12/27/13 and the attached AEC Hazard Notice dated 4/2/14
This permit, issued on April 3. 2014 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
Upland Development
1) Unless specifically altered herein, this permit authorizes the land disturbing activities associated with
the development of the above referenced property, including the vehicular access road and associated
culvert, all as expressly and specifically set forth in the attached permit application and workplan
drawing. Any additional land disturbing activities and/or construction may require a modification of
this permit. Contact a Division of Coastal Management representative at [phone] for this
determination. RECEIVED
MAY 092014
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the
other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission.
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
raxton C. Davis, Director
Any maintenance work or project modification not covered Division of Coastal Management
hereunder requires further Division approval.
al.
All work must cease when the permit expires on This permit and its conditions are hereby accepted.
December 31, 2017
In issuing this permit, the State of North Carolina agrees r
that your project is consistent with the North Carolina Coastal
Management Program.
Signature of Permittee

James Luby
Permit # 34-14
Page 2 of 3 1 `
ADDITIONAL CONDITIONS
Ocean Hazard Area
2) Prior to the initiation of construction within the Ocean Hazard AEC, a representative of the Division of
Coastal Management shall stake the first line of stable, natural vegetation and the small and large
structure setbacks. These setback determinations shall replace those done at the time the permit
application was processed and approved. Construction shall begin within sixty days of this
determination or the measurement is void and shall be re-established. In the case of a major shoreline
change within that period, a new setback determination shall be required before construction begins.
3) In accordance with T15A:07H.0306(K). The authorized structures shall be relocated or dismantled
when they become imminently threatened by changes in shoreline configuration. The structures shall be
relocated or dismantled within two years of the time when it becomes imminently threatened, and in any
case upon their collapse or subsidence. However, if natural shoreline recovery or beach renourishment
takes place within two years of the time the structures become imminently threatened, so that the
structures are no longer imminently threatened, then they need not be relocated or dismantled at that
time. This condition shall not affect the permit holder's right to seek authorization of temporary
protective measures allowed under Rule T15A:07H.0308(a)(2).
4) All development shall be located landward of the frontal dune.
Sedimentation and Erosion Control
5) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence,
diversion swales or berms, etc.).
6) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion
within thirty days of project completion.
U.S. Army Corps of Engineers
7) Mitigation shall be provided in accordance with the provisions outlined in the U.S. Army Corps of
Engineers, Wilmington District, Compensatory Mitigation Responsibility Transfer Form.
8) The permittee has proposed to mitigate impacts by preserving approximately 2.22 acres of high quality
palustrine wetlands on the property. The permittee shall execute and cause to be recorded in the Dare
County Register of Deeds a Conservation Declaration or similar legal mechanism acceptable to the
Corps of Engineers, for the purpose of maintaining approximately 2.22 acres of jurisdictional wetlands
as conservation areas, in their natural and/or mitigated state in perpetuity. This declaration shall be
recorded within 30 days of issuance of this permit and prior to the sale or conveyance of the property.

a flames 1Luby Permit # 34-14
Page 3 of 3
I AIDDIITI®NAIL CONDITIONS
General
9) No vegetated wetlands shall be excavated or filled outside the area indicated on the attached workplan
drawings; _
10) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the
written approval of the Division of Coastal Management.
11) The permittee and/or his contractor shall meet on site with a representative of the Division prior to
: project initiation.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required including any authorization needed from the
NC DEMLR Stormwater Section.
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.
yTE: The N.C. Division of Water Resources has authorized the proposed project under Project No. 14-
0062.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No:
SAW-2014-00573.

Class
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Permit Number
34-14
_ Excavation and/or filling pursuant to NCGS 113-229
Tssued to James Luby,195 Maple Lake Road, PA 18444
Authorizing development in Dare County Sudie Payne Road, Village of Rodanthe, off
as requested in the permittee's application dated 12/27/13=-1. MP-5 and
the attached workplan drawing (1), dated 12/27/13 and the attached AEC Hazard Notice dated 4/2/14
This;permit, issued on April 3, 2014 is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
lie, 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 land disturbing activities associated with
the development of the above referenced property, including the vehicular access road and associated
culvert, all as expressly and specifically set forth in the attached permit application and workplan
drawing. Any additional land disturbing activities and/or construction may require a modification of
this permit. Contact a Division of Coastal Management representative at [phone] for this
determination.
(See attached sheets for Additional Conditions)
permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the
ualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission.
to appeal requires resolution prior to work initiation or
lance as the case may be.
permit must be accessible on -site to Department
iel.when the project is inspected for compliance.
maintenance work or project modification not covered "raxton C. Davis, Director
ier requires further Division approval. Division of Coastal Management
All'work must cease when the permit expires on
December 31, 2017
14 issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Ivlanagement Program.
This permit and its conditions are hereby accepted.
Signature ofPermittee

James Luby 4- Permit* 34-14
Page 2 of 3
ADDITIONAL CONDITIONS
Ocean Hazard Area
2) Prior to the initiation of construction within the Ocean Hazard AEC, a representative of the Division of
Coastal Management shall stake the first line of stable, natural vegetation and the small and large
structure setbacks. These setback determinations shall replace those done at the time the permit
application was processed and approved. Construction shall begin within sixty days of this
determination or the measurement is void and shall be re-established. In the case of a major shoreline
change within that period, a new setback determination shall be required before construction begins.
3)`; In accordance with T15A:07H.0306(K). The authorized structures shall be relocated or dismantled
when they become imminently threatened by changes in shoreline configuration. The structures shall be
relocated or dismantled within two years of the time when it becomes imminently threatened, and in any
case upon their collapse or subsidence. However, if natural shoreline recovery or beach renourishment
takes place within two years of the time the structures become imminently threatened, so that the
structures are no longer imminently threatened, then they need not be relocated or dismantled at that
time. This condition shall not affect the permit holder's right to seek authorization of temporary
protective measures allowed under Rule T15A:07H.0308(a)(2).
4) All development shall be located landward of the frontal dune.
Sedimentation and Erosion Control
Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence,
diversion swales or berms, etc.).
6) ` All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion
within thirty days of project completion.
' U.S. Army Corps of Engineers
Mitigation shall be provided in accordance with the provisions outlined in the U.S. Army Corps of
Engineers, Wilmington District, Compensatory Mitigation Responsibility Transfer Form.
8) The permittee has proposed to mitigate impacts by preserving approximately 2.22 acres of high quality
palustrine wetlands on the property. The permittee shall execute and cause to be recorded in the Dare
County Register of Deeds a Conservation Declaration or similar legal mechanism acceptable to the
Corps of Engineers, for the purpose of maintaining approximately 2.22 acres of jurisdictional wetlands
as conservation areas, in their natural and/or mitigated state in perpetuity. This declaration shall be
recorded within 30 days of issuance of this permit and prior to the sale or conveyance of the property.
;rf

,lames I uby
.. - Permit # 34-14
" Page 3 of 3
AIDIDI7 70NAL CONDITIONS
Generafl
'9.) - No vegetated wetlands shall be excavated or filled outside the area indicated on the attached worlcplan
drawings.'
l0) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the
written approval of the Division of Coastal Management.
The pemuttee and/or his contractor shall meet on site with a representative of the Division prior to
project initiation.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required including any authorization needed from the
NC DEMER Stormwater Section.
VOTE: 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.
'NOTE: The N.C. Division of Water Resources has authorized the proposed project under Project No. 14-
0062.
-NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No.
SAW-2014-00573.

®co UP-1
APPLICATION for
Major Development Permit
(last revised 12127108).
F REDEIVED
DEC 3 0 21
North Carolina DIVISION OF COASTAL MANAGEMENT
'Primary applicant/Lantlowrerinlo>•rnetlon `
,4
Business Name
Project Name (if applicable)
None .
Luby Residence
Applicant 1: First Name
MI
Last Name
James
Luby
Applicant 2: First Name
MI
Last Name
If additional applicants, please attach an add/donal pago(s) with names listed.
Mailing Address
PO Box
City Bpba ((
State
195 Maple Lake Road
SpringMroltke•Twp
PA
ZIP
Country
Phone No.
FAX No.
18444
USA
570 - 351— 7413 ext.
Street Address Of different from above)
Clty
State
21P
Email
[e-mail]
2F Agenf/Contfactor'Informatlln ' ; `
F '
Business Name
Atlantic Environmental Consultants, Llc
Agent/ Contractor 1: First Name
MI
Last Name
Doug
A
Dorman
Agent/ Contractor 2: First Name
MI
Last Name
Mailing Address
PO Box
City
state
P.O. Box 3266
Kitty Hawk
NC
ZIP
Phone No. 1
Phone No. 2
27949
252 - 261- 7707 ext.
252 - 599.2603 ext.
FAX No.
Contractor #
252 261 2965
Street Address Of different from above)
City
State
ZIP
Email
[e-mail]
Form continues on back>

RECEIVED
Form DCM MP-1 (Page 2 of 4) ---- APPLICATION for
DECMajorit
. Development Perm
F'30 I'll
Project
County (can be multiple) Street Address .,:,y
State Rd. #
Dare Sudle Payne Road
NIA
Subdivision Name
city
Zip
None
Rodanthe
NC
27988-
Phone No.
Lot No.(s) (if many, gYtach additional page with list)
570 - 351 - 7413 ext.
N/A, . . I
a. In which NC river basin Is the project located?
b. Name of body of water nearest to proposed project
%
Atlantic Ocean
0. 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 OUnknown
Atlanta Ocean
a. Is proposed work within city limits or planning jurisdiction?
f. If applicable, list the planning jurisdiction or city limit the proposed
®Yes []No
work falls within.
Dare County
a.
Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.fL)
98 linear feet
187,744
c.
Size of Individual lot(s)
d. Approximate elevation of tract above NHW (normal high water) or
N/A. I J
NWL (normal waterlevel)
Of many lot sizes, please attach additlonl)l page w1d; a list)
6. EINHWorONWL
a.
Vegetation on tract
Black Needle Rush, Sedge, Wax Myrtle, Sea Oats, Beach Grass, Poison ivy.
f.
Man-made features and uses now on tract
Three story residence on pIllings. Used as a second home.
g.
Identify and describe the existing land uses adiacent to the proposed project site.
Residential development
In.
How does local government zone the tract?
I. Is the proposed project consistent with the applicable zoning?
Residential
(Attach zoning compliance certificate, If applicable)
Was 0No ONA
1.
Is the proposed activity part of an urban waterfront redevelopment proposal? E3Yes ONo
k.
Has a professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes MNo [INA
If yes, by whom?
I.
Is the proposed project located In a National Registered Historic District or does it Involve a []Yes NNo [3NA
National Register listed or eligible property?
<Form continues on next page>

Form DCM MP-1 (Page 3 of 4)
DEC 30 2013
APPLICATION for
Major Development Permit
m. (i) Are there wetlands an the site? i I_ _ __ Yes ❑No
j isJAt:T:i:. V,*1;:;i�:-.':',."JI;i
QQ Are there coastal wetlands on the site? f 'i_�';"•.�� .j pYes ®No
t
(III) If yes to either() or (ii) above, has a delineation bgpA gondyoted? ,,,,., .....,.,;.,...::.....:.. '®Yes ❑No
(Attach documentatloo, If avallable)
n. Describe existing wastewater treatment facilities.
Conventional septic system
o. Describe existing drinking water supply source.
Public water supply
p. Describe existing storm water management or treatment systems.
None
` Activltles and /m acts
a. Will the project be for commercial, public, or private use? ❑Commercial ❑PubliclGovemment
®Private/Community
b. Give a brief description of purpose, use, and dally operations of the project when complete.
The structure was relocated from a another ocean front property that was severley eroded and could no longer support the
residence. The home will be used as a second residence forthe Luby's.
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.
The existing residence has been moved onstte and set on new pillings. Fill and gravel for the driveway will be brought in by
dump trucks and spread suing a front end loader. Equipment to be stored on the upland portion of the property if needed.
d. List all development activities you propose.
Construction of a driveway to access the upland portion of the property.
e. Are the proposed activities maintenance of an existing project, new work or both? New
f. What Is the approximate total disturbed land area resulting from the proposed project? 0.45 ❑Sq.Ft or ®Acres
g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No ❑NA
that the public has established use of?
h. Describe location and type of existing and proposed discharges to waters of the slate.
Temporary surface runoff from proposed driveway to adjacent wetlands.
I. Will wastewater or stormwater 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 ®NA
1. Is there any mitigation proposed? ®Yes ❑No ❑NA
If yes, attach a mitigation proposal.
<Form continues on back>

Form DCM MPA (Page 4 of 4)
APPLICATION for
Major Development Permit
6 :Additlonallnformafloll r ,:` ; : r _, �<
x s`.`
+In addigon to this gompletQ3 appfcahon /orm(MP 1) the/a!loWing items below i/apphceble rpust besabmdtedlp-orderPord{e arpp!lcetlon
papjrege lobe complete Items_ (a) (Q ere a)we3s epp(Icatile to so melor development epp1108tio P/ease wnsUltHie app/lcetton '
Instruct@n bookte(,on how rg propady piepare,the requ7redRenis 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 applicantclaims 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 bycettifled mall. 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 Jerry.ESte$ Phone No
:Address PO flox ?4 Tallapoosa bA 30176 '
Name Robert and Karen Segelken Phone No.
Address 59 Samsondale Ave, West Haverstraw, , NY 10993
'•Name --' c- Phone No
y
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and Issuing dates.
CAMA Minor Permit to James Luby for House relocation
h. Signed consultant or agent authorization form, if applicable.
I. Wetland 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.
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 the Information provided in this application is truthful to the best of my knowledge.,_..:
Date 12/27/13 Print Name _Doug Dorman, Consultant
Signature
Please indicate application attachments pertaining to your proposed project.
❑DCM MP-2 Excavation and Fill Information ®DCM MP-5 Bridges and
❑DCM MP-3 Upland Development
❑DCM MP-4 Structures Information
DEC 30 2013

I
JAN -9 2014
Form°DOM MP+4
EXCAVATION and FILL I COAEIPI
(Except'for:brfdoes. and culverts)
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 prbjea. Please Include all supplemental information.
Describe below the purpose of proposed excavation and/or till activities. All values should be given In fast
Channel I Canal I Boat Basin I •Boat Ramp Rock Groin I Rock
(NLW or Breakwater
Length
inndtn
a (I) Does the area to be excavated Include coasfalwetlandshnanih
(CM, submerged aquaticVegetath)h (SAV)„shell bottom (Se),.
Drotherwetterida.(WL)? ifanybgxesarechecked,providethe
number of square feet affected.
OCW OSAV _ OS13
:OWL ONepe
(IQDesaibe the purposeofthe excavation In thes.@ areas:
:e. (1),Do you glaim'title to; olgpoeal area?
OYes ONo MNA,
01) If no, attach a letter granting permission from the downer.
d, Hlghlroundexcavallonancubtcyards.
d. (1) vvllla,dis osel. area be available for future Mainte0ance9
OYes So 0.NA
(II) If yes, where?
e. (p.Does the disposal area- Include any coastal wetiandslmarsh f. (i) Does the disposal Include any area in the water?
(CNq,submerged aquatic vegetation (SAV), shell bottom (SS), Ova$ ONo ONA
or other wetlands 00? d(.ed. any boxes are:ctiecked, provide the
number ofsquare:feet affect . (g) If yes,, how much water area Is affected?
OCW ❑SAV ON .._
.OWL []None _ -
(it) Describe the Purpose Of disposal in titese stasis:
252.808.2888 a: 9.888.4RCOAST ::.wivuynrxoaetatFnanapement.net revised: 12128108

form DCM MP4 (Emavat➢on and Fill, Page 2 of 2) "
9 LSHORE4INE, IAQI(12AtIQN orb 9l too tronftof appJl(abfe
i (!f�(aluaid�imppt�s a'yingd In use MP.?t SYnrofu��J `: ' , °
1. rypeofshorelinestabdiiatton: - b. Length:.��.
pBulkhead ORlprap UBreakwaterlSill WOlher, Width:
c. Averaged stance watbpxardof NHW or NWL d, Maximum distance walerwardof NHW orNWL,.
e. Type.ofatehilizetion material:
g. Number of square feet of fill to be.placed below water level.
Bulkhead-bicklill_ Riprap^
Breakvyatei(Sill_, .Other_
1. Source of fill material.
a. -.(1) Win Ntmatenal lie lrrougnt to Ins sae? ZIYas IJao U
If yes,
(rg Amount of material to be placed In the water 80 co
(Ili) Dimensions of fill area 596 z,16
(iv) Porpo.00 of fill
Driveway for exlsitrlg,house.
Siltfance is to:placed ;on either side of the proposed driveway and
kept in place until aide alope vegetation isastabl(ahed.
a (1) Will navigational aids be required sea result of the ptoJe5t7
[Yes ❑Ne DNA
(i) If yes, explain what We and.how they will be Implemented.
-f. (I).Has there beenphorellneerosion:dudngpracedino.12.
months?
eves pNo ONA
([I) If yes, state amount of erosion and source of.erosion amount
information.
-h. Type of fill material.
OCW, _ ❑SAV OR _
OWL ONone,
(II) Describe the. purpose of the nil in'these areas'
7o construct a driveway to the existing house:
[lump trucks and front end loader..
d. @ Wiliwetiandstiecrossedintransporangequipmerdto. project
site? [1Yes 14No ONA
(m If yes, explain steps that will be taken to avoid or minimize
environnleiltat Impacts. -
2s2-a0e-29os a 1rG68 4RC®A5T u m wvv.necoastnis r1 an. moriLnef revised: uinlOS

Form DCM MP•5
BRIDGES and CULVERTS
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to
f RECEIVED-`l
DEC 30 2013
Joint
�PPucauw, uw. wmw :v Duo Pwpvaea P, yJML.
wrnvsum*mne.-.a,<me,rMsw.�+Arvr....x.
1. BRIDGES ' ®This secflon ndI ppp cable'
a. Is the proposed bridge:
[]Commercial ❑PublirfGovernment ❑Private/Community
N
c. Type of bridge (construction materiap:
e. - (1) Will proposed bridge replace an existing bridge? ❑Yes ❑No
If yes,
(11) Length of existing bridge: _
(ilq Width of existing bridge: _
(iv) Navigation clearance underneath existing bridge:
(v) Will all, or a part of, the existing bridge be removed?.
(Explain)
- 9• Length of proposed bridge: _
1. Will the proposed bridge affect existing water flow? ❑Yes ❑No
If yes, explain:
k. Navigation clearance underneath proposed bridge:
m. Will the proposed bridge cross wetlands containing no navigable
waters? ❑Yes ❑No
If yes, explain:
b. Water body to be crossed by bddge:
d. Waterdepth at the proposed crossing at NLW or NWL:
f. (Q Will proposed hedge replace an existing culvert? ❑Yee ❑No
If yes,
01) Length of existing culvert: _
(III) Width of existing culvert:
(Iv) Height of the top of the existing culvert above the NHW or
NWL: _
(v) Wili all, or a partof, the existing culvertbe removed?
(Explain)
h. Width of proposed bridge: _
J. , Will the proposed bridge affect navigation by reducinLor
Increasing the existing navigable opening? Yes ❑No
If yes, explain:
I. Have you contacted the U.S. Coast Guard concerning their
approval? ❑Yea ❑No
If yes, explain:
n. Height of proposed bridge above wetlands: _
2. CULVERTS ❑ This section not applicable
a. Number of culverts proposed: 1
b. Water body in which the culvert is to be pieced:
Exisitng ditch.
4 Form continues on bacic>

BI GFEi V It--D
F0rM 0CM MP-5 (Bridges and Culverts, Page 2 of 4)
c. Type of culvert (construction material):
PVC
d. (1) Will proposed culvert replace an existing bridge?
❑Yes ONO
If yes,
(ig Length of existing bridge: _
(III) Width of existing bridge:
(iv) Navigation clearance underneath existing bridge:
(v) Will all, or a part of, the existing bddge be removed?
(Explain)
f. Length of proposed culvert: 1V
h. Height of the top of the proposed culvert above the NHW or NWL.
4"
). Will the proposed culvert affect navigation by reducing or
Increasing the existing navigable opening? ❑Yes ®No
If yes, explain:
e. IQ Will proposed
DEC 30 2013
,.-,. .[ZY,es$ANo
If yes,
(ii) Length of existing culvert(s): _
(ilo Width of existing culvert(s):' _
IN) Height of the top of the existing culvert above the NHW or
NWL: _
(v) Will all, or a part of, the existing culvert be removed?
(Explain)
9• Width of proposed culvert: ]2"
1. Depth of culvert to be buried below existing bottom contour.
k. Will the proposed culvert affect existing water flow!
If yes, explain:
❑Yes ®No
3. EXCAVATION and FILL ❑This section not applicable
a. (I) Will the placement of the proposed bridge or culvert require any
excavation below the NHW or NWL? ❑Yes ®No
If yes,
(it) Avg. length of area to be excavated: _
(Ito Avg. width of area to be excavated: _
(iv) Avg. depth of area to be excavated: _
(v) Amount of material to be excavated in cubic yards: _
c. (1) Will the placement ofthe proposed bridge or culvert require any
high -ground excavation? ❑Yes ®No
If yes,
(h) Avg, length of area to be excavated: _
(ill) Avg. width of area to be excavated: _
(lv) Avg, depth of area to be excavated: _
(v) Amount of materiel to be excavated In cubic yards:
Jr. (o Will the placement of the proposed bridge or culvert require any
excavation Within coastal watlandsfmarsh (CM, 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
(io Describe the purpose of the excavation in these areas:
The pipe will be buded 2.5 Inches into existing wetland
surface for adequate pipe burial.

17 11
4
Folrm DCM MP-5 (Bridges and Culverts, Page 3 of 4)
d. If the placement of the bridge or culvert involves any excavation, please complete the following: I �� 30 �Q�3
(1) Location of the spoil disposal area: q
(I) Dimensions afthe spoil disposal area:
_
(111) Do you claim title to the disposal area? []Yes []No (Non, effach a lettergrenting permissfori from -the owrrerr.')— w„
(b) Will the disposal area be available for future maintenance? ❑Yea []No „;r ,,,•,,,•,;,,,, .,.:...:...�• ^. •��_-„�_; ,_,
(v) Does the disposal area include any coastal wefiandshnamh (CM, submerged aquatic vegetation (SAVs), other wetlands'(V•(Lj, or shell
bottom (SB)?
❑CW ❑SAV ❑WL ❑SS ❑None
9 any boxes are checked, give dimensions If different from (I) above. •'
(v) Does the disposal area Include any area below the NHW or NWL? ? []Yes ONO
If yes, give dimensions (f different from (11) above.
a. (1) W11 the placement of the proposed bridge or cubed result in any
fill (other than excavated material described in Item d above) to
be placed below NHW or NWL? ❑Yes ®No
If yes,
(I) Avg. length of area to be filled: _
(III) Avg. width of area to be filled: _
(Iv) Purpose of fill:
9•
() Will the placement of the proposed bridge or culvert result In any
fill (other than excavated material described In Item d above) to
be placed on high -ground? ❑Yes ®No
If yes,
(I) Avg, length of area to be filled:
(III) Avg. width of area to be filled:
(iv) Purpose of fill:
4. GENERAL
a. Will the proposed project require the relocation of any existing
utility lines? []Yes ®No
If yes; explain:
If this portion of the proposed project has already recelved
approval from local authorities, please attach a copy of the
approval orcertiflcetion,
f. @ Will the placement of the proposed bridge or culvert result In any
fill (other than excavated material described in Item d above) to
be placed within coastal wetiandslmarsh (CA), 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 ❑SS _
OWL []None
(11) Describe the purpose of the excavation in these areas:
The fill will be placed in wetlands for proposed
driveway,
b. Will the proposed project require the construction of any temporary
detour structures? ❑Yes ®No
If yes, explain:
e Form continues on back-

Form DCM MP-5 (Bridges and Culverts, Page 4 of 4)
c. Will the proposed project require any work channels? d.
❑Yes ®No
If yes, complete Form DCM•MP-2.
e. What type of construction equipment will be used (for example,
dragilne, backhoe, or hydraulic dredge)?
Dump trucks and front end loader
g. Will the placement of the proposed bridge or culvert require any
shoreline stabilization? ❑Yes ONO
If yes, complete form MP-2, Section 3 for Shoreline
Stabilization only.
How will excavated or fill material be kept on site and erosion
controlled?
Slit fence will be placed an either side of the proposed
driveway until side slopes of the drieway are
established.
f. Will wetlands be cibssed In transporting equipment to project site?
Dyes ®No
If yes, explain steps that will be taken to avoid or minimize
environmental Impacts.
r%�T 'r: 1
Data
Luby residence DEC 30 2013
Project Name
Doug Dorman for James Luby
GOAS?P.I. is^;t!'!n.Ciiti!!iNT
Applicant Name
AppliosCSIgniature

.uu:iva uooramator: rermt if:
lNO DISTRIBUTION SHEET 34-1
L
DC11 Field
abeth City
Washington /1
ity✓
Wilmington
(with revised work plan drawings)
US ACOE Offices -
Washington: Raleigh Bland
Tracey eeler
William Westcott (NC DOT)
Bill Biddlecome (NC DOT)
Wibeiington: Dave Timpy
Cultural Resources: Renee Gledhill -Early or([e-mail])
Public Water Supply:
Debra Benoy (WIRO)
Joey White (WARD)
SIC DOT:
Ken Pace
Shellfish Sanitation:
Patti Fowler
State Property:
Tim Walton
Water Resources:
Karen Higgins (Raleigh) /
John Hennessy (NC DOT)
Washington:
Anthony Scarborough
Wilmington: Joanne Steenhuis — 401
Chad Coburn - 401
Linda Lewis - Stormwater
Wildlife Resources: Maria Dunn (WARD)
LPO:
Fax Dist6bution: Permitee
Agent #:

1� C ENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
April 7, 2014
James Luby
195 Maple Lake Rd.
Spring Brook, PA 18444
Dear Sir or Madam:
z�•
John E. Skvarla, III
Secretary
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 if another qualified party submits a valid objection to the
issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal
Resources Commission makes the final decision on any appeal.
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,
Douglas V. Huggett ,
Major Permits and Consistency Manager
cv
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] \ FAX [phone] \ Internet: wwwmccoastalmanagement.net
An Equal Opportunity / Affirmative Action Employer

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: James Luby
2. LOCATION OF PROJECT SITE: Sudie Payne Rd. Rodanthe, Dare County on
Atlantic Ocean
Photo Index-2006: 174-7845 (N,15) 2000: 174-2055 (K,44)
1998: 38-894 (P,15) .
State Plane Coordinates - X: 3051563 Y: ;¢88633
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — July 17, 2013 and Jan. 2, 2014
Was Applicant Present - no
5. PROCESSING PROCEDURE: Application Received Complete — Jan. 14, 2014
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan — Dare County
Land Classification From LUP - conservation
(B) AEC(s) Involved: Ocean Erodible Area of Environmental Concern (AEC)
(C) . Water Dependent: no
(D) Intended Use: public
(E) Wastewater Treatment: Existing — individual septic system
Planned - none
(F) Type of Structures: Existing — single family residence
Planned — driveway/access road .
(G) Estimated. Annual Rate of Erosion: 8.5 ft/yr
Source — DCM erosion rate maps
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands within
2,940 sq ft
Ocean Hazard AEC
(B) High Ground within Ocean
3,685 sq ft
Hazard AEC
(C)'Highground.
3,135 sq ft
(D) Total Area Disturbed: 9760 sq ft (0.22 acres)
(E) Primary Nursery Area: no
(F) Water Classification: SB Open: no

}
Field Investigation Report
Page 2 .
8. PROJECT SUMMARY: The applicant proposes to construct a 16 ft by 610 ft'driveway
through 404 wetlands to access an -existing relocated home.:
Project Setting
The project site is located in the Village of Rodanthe on Sudie Payne Rd. off of NC 12
adjacent to the Atlantic Ocean in Dare County. The proposed project site is a 187,744 sq ft
tract and is developed, with a single family residence that was recently relocated to the property
from an eroded lot. The property has 98 ft of oceanfront shoreline and is vegetated with
upland grasses, wax myrtles, sea oats, and other beach grasses in the upland area. The
wetland area is dominated by Juncus roemerianus and Spartina patens. Although many
coastal wetland species are present, this area is not subject to regular or irregular flooding and
is not claimed as a coastal wetland under the jurisdiction of the Division of Coastal
Management. An approximately 8 ft. wide ditch bisects the 404 wetland area in a north to
south alignment.
The project site is bordered on the north side by an undeveloped lot and on the south by a
single family residence. The Atlantic Ocean is classified as SB by the Environmental
Management Commission and is not open to shell fishing. The site is 5 ft above normal
water level (NWL).
Development Proposal
In order to provide vehicular access for his recently relocated single family dwelling the
applicant proposes to construct a 16 ft wide by 610 ft long gravel driveway/access road.
The driveway would cross through designated 404 wetlands and would require 2,940 sq ftof
wetlands to be filled. The applicant would place a 12" culvert pipe within the existing ditch to
maintain drainage. The adjacent property to the south currently has an existing gravel
driveway that the property owner had proposed to use for their access to the relocated home
however the adjacent property owner has declined to give deeded access to their private drive.
Anticipated Impacts
The project as proposed will result in the filling of 2,940 sq ft of 404 wetlands for the
construction of a driveway and the filling of 3,685 sq ft of uplands including 1,660 sq ft of
Ocean Hazard AEC.
Submitted by: Kelly Russell
Date: Jan. 14, 201.3

DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
A) APPLICANT: James Luby County: Dare
LOCATION OF PROJECT: 0 Sudle Payne Road in Rodanthe
DATE APPLICATION RECEIVED COMPLETE BY FIELD REP: 01/14/14
FIELD RECOMMENDATION: Attached:NO To Be Forwarded: YES
CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES
FIELD REPRESENTATIVE: Kelly Russell ,7 DISTRICT OFFICE: Elizabeth Citv
DISTRICT MANAGER REVIEW: �r�,•.yr I Date:
B) DATE RECEIVED BYMAJORPERMITS UNIT:_ I— FEE REC'D: $ 400 (60/4k.)
PUBLIC NOTICE REC'D: Advertise: 01/14/14 END OF NOTICE DATE: Comments due: 02/09/14
ADJ. RIP. PROP NOTICES REC'D: DEED REC'D:
APPLICATION ASSIGNED TO: 0-1uffy, i ON: Z 11) I
C) 75 DAY DEADLINE: 03/30/14 150 DAY DEADLINE:
MAIL OUT DATE: Circulation: 01/15/14 STATE DUE DATE: Comments due: 02/05//14
FEDERAL DUE DATE: FED COMMENTS REC'D:
PERMIT FINAL ACTION: ISSUE DENY DRAFT ON
AGENCY
DATE
COMMENTS
RETURNED
OBJECTIONS:
YES NO
NOTES
Coastal Management- Regional Representative
Coastal Management-LUPConsistency
�31
Division of Community Assistance
Land Quality Section
Division of Water Quality
Storm Water Management (DWQ) ,
State Property Office
(—Z3
Division of Archives & History
Division of Environmental Health
l --Lq
Division of Highways
Wildlife Resources Commission
Local Permit Office
Division of Marine Fisheries
Corps of Engineers

March 25, 2014
Regulatory Division
Action ID No. SAW-2014-00573
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557-3421
Dear Mr. Huggett:
Reference the application of Mr. James Luby to construct a 610 linear foot by 16 linear
foot driveway/access road at 0 Sudie Payne Road, in Rodathe, Dare County, North Carolina.
The Federal agencies have completed review of the proposal as presented by the
application and your field investigation report.
We recommend that the following conditions be included in the State authorization:
1. All work authorized by this permit must be performed in strict compliance with the
attached plans, which are a part of this permit. Any modification to these plans.must be approved
by the US Army Corps of Engineers (USACE) prior to implementation.
2. The permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structure or work herein authorized, or
if, in the opinion of the Secretary of the Army or his authorized representative, said structure or
work shall cause unreasonable obstruction to the free navigation of the navigable waters, the
permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove,
relocate, or alter the structural work or obstructions caused thereby, without expense to the
United States. No claim shall be made against the United States on account of any such removal,
relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE
Chief Source Data Unit N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910-
3282 at least two weeks prior to beginning work and upon completion of work.
3. Except as specified in the plans attached to this permit, no excavation, fill or mechanized

land -clearing activities shall take place at any time in the construction or maintenance of this
project, in such a manner as to impair normal flows and circulation patterns within waters or
wetlands or to reduce the reach of waters or wetlands.
4. Except as authorized by this permit or any USACE approved modification to this permit,.
no excavation, fill or mechanized land -clearing activities shall take place at any time in the
construction or maintenance of this project, within waters or wetlands. This permit does not
authorize temporary placement or double handling of excavated or fill material within waters or
wetlands outside the permitted area. This prohibition applies to all borrow and fill activities
connected with this project.
5. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands
shall be generated from an upland source and will be clean and free of any pollutants except in
trace quantities. Metal products, organic materials (including debris from land clearing
activities), or unsightly debris will not be used.
6. The authorized structure and associated activity must not interfere with the public's right
to free navigation on all navigable waters of the United States. No attempt will be made by the
permittee to prevent the full and free use by the public of all navigable waters at or adjacent to
the authorized work for reason other than safety.-
7. The permittee shall advise the Corps in writing at least two weeks prior to beginning the
work authorized by this permit and again upon completion of the work authorized by this permit.
8. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall provide
each of its contractors and/or agents associated with the construction or maintenance of this
project with a copy of this permit. A copy of this permit, including all conditions, shall be
available at the project site during construction and maintenance of this project.
9. The permittee shall employ all sedimentation and erosion control measures necessary to
prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit
area. This shall include, but is not limited to, the immediate installation of silt fencing or similar
appropriate devices around all areas subject to soil disturbance or the movement of earthen fill,
and the immediate stabilization of all disturbed areas. Additionally, the project must remain in
full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North
Carolina General Statutes Chapter 113A Article 4).
10. The activity will be conducted in such a manner as to prevent a significant increase in
turbidity outside the area of construction or construction -related discharge. Increases such that
the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by
the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all
saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not

considered significant.
11. Violations of these conditions or violations of Section 404 of the Clean Water Act or
Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District
U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation.
12. In order to compensate for impacts associated with this permit, mitigation shall be
provided in accordance with the provisions outlined in the U.S. Army Corps of Engineers,
Wilmington District, Compensatory Mitigation Responsibility Transfer Form. The requirements
of this form, including any special conditions listed on this form, are hereby incorporated as
special conditions of this permit authorization.
13. The permittee has proposed to mitigate impacts by preserving approximately 2.22 acres
of high quality palustrine wetlands on the property. The permittee shall execute and cause to be
recorded in the Dare County Register of Deeds a Conservation Declaration or similar legal
mechanism acceptable to the Corps of Engineers, for the purpose of maintaining approximately
2.22 acres of jurisdictional wetlands as conservation areas, in their natural and/or mitigated state
in perpetuity. This declaration must be recorded within 30 days of issuance of this permit and
prior to the sale or conveyance of the property.
Questions or comments may be addressed to Mr. Josh Pelletier, Washington Field Office,
Regulatory Division, telephone [phone].
Sincerely,
Josh Pelletier
Regulatory Project Manager
Copies Furnished:
Mr. Ian McMillan
North Carolina Division of Water Quality
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. Pete Benjamin
U.S. Fish and Wildlife Service

Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr..Fritz Rhode
National Marine Fisheries Service
Habitat Conservation Service
101 Pivers Island Road
Beaufort, North Carolina 28516
Mr. Jeffrey Garnett
Wetlands and Marine Regulatory Section
Water Protection Division -Region IV
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Roy Brownlow, District Manager
Morehea City Field Office
North Carolina Division of Coastal Management

Govoni, Daniel
From: Pelletier, Josh R SAW [[e-mail]]
Sent: Monday, March 31, 2014 3:49 PM
To: Govoni, Daniel
Subject: Luby
Attachments: James Luby CL 31.doc; Mitigation Responsibility Transfer Form.pdf
Mr. Huggett,
The U.S. Army Corps of Engineers, Wilmington District has authorized James Luby, to construct
a 610 linear foot by 16 linear foot driveway/access road at 0 Sudie Payne Road, in Rodathe,
Dare County, North Carolina.
This authorization was issued via Programmatic General Permit 198000291 CAMA (NC.Coastal
Area Management Act). All terms and conditions of this permit apply. Please attached the
following condition in any issued permit.
All work authorized by this permit must preformed in strict compliance with the attached
plans, which are a part of this permit. Any modification of these plans must be approved by
the US Army Corps of Engineers (USACE) prior to implementation.
If you have any questions or concerns please let me know!
Josh R. Pelletier
Project Manager
United States Army Corps of Engineers
Washington Regulatory Field Office
2407 W. 5th Street
Washington, North Carolina 27889
[phone]
1

Govoni, Daniel
From: Hart, %evin
Sent: Tuesday, April 01, 2014 8:58 AM
To: Govoni, Daniel
Subject: luby- rodanthe
Daniel,
I have no comment on this project.
Kevin
Kevin Hart
North Carolina Division of Coastal Management
943 Washington Square Mall
Washington, NC 27889
252-948-3950
PLEASE NOTE NEW PHONE NUMBER.
Email correspondence to, and from this address is subject to the North Carolina Public Records Law and may be disclosed
to third parties unless the content is exempt by statute or other regulation.
Please visit www.nccoastalmanaaement.net to subscribe to
Coastal Management's quarterly newsletter, the CAMAgram.

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory Braxton C. Davis
Governor Director
January 15, 2014
TO: Lee Padrick
Division of Community Assistance
FROM: Daniel Govoni
Assistant Major Permits Coordinator
SUBJECT: CAMA Permit Application Review
Applicant: James Luby
Project Location: 0 Sudie Payne Road in Rodanthe, Dare County
Rscelohn E. Skvarla, III
Secretary
AN 2 1 2014
DCM-MfD crry
Proposed Project: Construct a driveway/access road through 404 wetlands to access home
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 02/05/14 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: [phone]).
If you have any questions regarding the proposed project, please contact Kelly Russell 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.
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.
SIGNED ��c� DATE
1367 US 17 South, Elizabeth City, NC 27909
Phone: [phone] FAX: [phone] ; Internet: www.nocoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer

�r
P9CDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory Braxton C. Davis John E. Skvarla, III
Governor Director Secretary
January 15, 2014
MEMORANDUM
TO: Anthony Scarbraugh, Environmental Senior Specialist
Division of Water Resources; Water Quality Programs - WaRO
FROM: Daniel Govoni
Assistant Major Permits Coordinator
SUBJECT: CAMA Permit Application Review
Applicant: I James Luby
Project Location: . 0 Sudie Payne.Road in Rodanthe, Dare County
Proposed Project: Construct.a driveway/access road.through 404 wetlands to access home
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 02/05/14 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: [phone]).
If you have any questions regarding the proposed project, please contact Kelly Russell 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.
'j
SIGNED6bethCity,
DATE
1367 US 17 S ulh, El27909Phone: 252-26 - 9813723 ; Internet: www.nccoastalmana ementmet
e JA;J 1 2014 1��)
An Equal Opportunity i Affirmative Action Employer I,

�y
�npA NOT A CAMA PERMIT
RUUM
North Carolina Department of Environment and Natural Resources'
Division of Water Resources
Water Quality Programs
Pat McCrory. Thomas A. Reeder John E. Skvaria, III
Governor Director Secretary
January28, 2.014
DWR # 14-0062
Dare County
James Luby
195 Maple Lake Road
Spring Brook, PA 18444
Subject:, APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Luby Residence —Access Road (Adjacent to.5udie Payne Road in Rodanthe)
Dear Mr. Luby:.
You have our approval for the impacts listed below for the purpose described in your application dated
January 15, 2014 and received by the Division of Water Resources (Division) on January 17, 2014. These
impacts are covered by the attached Water Quality General Certification Number 3900 and the
conditions listed below. This certification is associated with the use.of CAMA Major Permit and General
Permit(s) 198000291 issued, by the US Army Corps of Engineers (USACE). This .Certification allows you
to use the CAMA Major Permit when the Division of Coastal Management issues it. Please note that
you should get any other federal, state or local permits before proceeding with .your project, including
those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply
Watershed regulations.
This approval requires you to follow the conditions listed in the enclosed certification(s) or general
permit and the following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and general
conditions of the.Certification are met. No other impacts are approved, including incidental
Impacts.
-Type of Impact .....
Amount
Amount ...
Plan location/Reference.Attached
Approved
Approved (units)
(units)
Temporary
Permanent
401/404
0.22 (acres)
0 (acres)
CAMA Major Site Plan Driveway Fill
Wetlands
In ocean AEC James Luby
Access Road
WaterOuallty 13e9lonal Operafts Section
943 Was"ton Square Mall. Washington, North Carolina 27889 -
Phone: W-946fi1811FAX:[phone]
Internet mrri.navatecom
M Equal OpporruniylP nalrveAclt Employer

r i
James Luby
DWR # 14-0062
401 APPROVAL
Page 2 of 3
2. This approval is for the purpose and design described In your application. The plans and
specifications for this project are Incorporated by. reference as part of the Certification. If you
change your project, you must notify the Division and you may be required to submit a new
application package with the appropriate fee. 'If the property is sold, the new owner must be
given a copy of this approval:letter and General Certification. and is responsible for complying with
all conditions.
3. Wetland Boundary Protective Fencing
The wetlands within 50 feet of areas of disturbance. shall be clearly marked with orange warning
fencing (or similar high visibility material) to protect the remaining wetlands onsite from being
Impacted. This shall be done during the initial stage of construction.
4. Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules; any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401 & Buffer Permitting Unit, NC Division of Water Resources,
1650 Mail Service Center, Raleigh, NC 27699-1650.
S. This approval and its conditions are final and binding unless contested.
These Certifications can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a
written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as
OAH). A petition form.may be obtained from the OAH at http://www.ncoah.com/ dr by calling the OAH
Clerk's Office at [phone] for Information.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A
petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is
received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm,
excluding official state holidays).
The petition may be faxed to the OAH at [phone], provided the original and one copy of the
petition along with any applicable OAH filing fee is received by the OAH within five (5) business days
following the faxed transmission.
..... _...... .... _. Mailing address for
the_QAH�_._'.._
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service {UPS, FedEx,
etc.):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DENR:

James Luby
DWR # 14-0052
401 APPROVAL
Page 3 of 3
Lacy Presnell,'General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC V699-1601
This letter completes the review of the Division under section 461 of the Clean Water. Please contact
Anthony Scarbraugh at252-948-3924 or anthonv:scarbrauah@ncdenngov if you have any questions or
concerns.
Sincerely,
David May, P.G,.�
Regional Supervisor
DWR Water Quality Regional Operation Section
Washington Regional Office
Enclosure: GC 3900
cc: Doug Huggett, DCM. Morehead City
Kelly Russell, DCM Elizabeth City
Raleigh Bland, USACE Washington Regulatory Field Office (via email)
Jennifer Burdette, DWR 401 & Buffer Permitting Unit
Pat McClain, DELMR WaRO (via email)
File

—t
7-1
NCD NR 1 'i
`— Jorth Carolina Department of Environment and Natural Resources;.-,=,;
Division of Coastal Management
Pat McCrory Braxton C. Davis John E. Skvada, III
Governor Director Secretary
January 15.2014 Lt !'J r
11E110RANULIII
TO: Renee Gledhill -Early r�
INC Department of Cultural Resources
FRO 11: Daniel Govoni
Assistant 1%ditjor Permits Coordinator
SUBJECT: CANIA Permit Application'Reeiew its I,.�°1I1
Applicant: Janes Luby
Project Location: 0 Sudie Payne Road in Rodanthe, Dare County
Proposed Project: Construct a driveway/access road through 404 wetlands to access lionle
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 02105/14 to 400 Commerce Avenue Nlorehead City. NC 28557 tt'ax: 252-247-3330).
If you have any questions regarding the proposed project, please contact Kelly Russell at (2i2)
2G4-39..01. When appropriate; in-depth comments with supporting data are requested.
REPLY: This office has no objection to the project as proposed.
This office has no comment on the proposed project-.
This office approves of -the project only if the recommended changes are
incorporated. See attached:
This office objects to the project for reasons described in the attached
comments.
8fcNl D, Lv,. 2 &a"- DATE
1367 US 17 South, Elizabeth City, NC 27909
Phone:252-2S-0J9011 EAX 252-28;-3723; (n!erner :r:,w,nC.0O2s!almanagementnCl
An Equal OpponuriiytAfflrmaiiveAction EmOoyer JAN 2 2 2014

It
�WA
NCDEE R
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory Braxton C. Davis John E. Skvalia, III
Governor Director Secretary
MEMORANDUM
TO: Doug Huggett, Major Permits Coordinator
RECEWEP
THROUGH: Frank A. Jennings, III, District Manager 4A9
\�� " FEB 10 2014
FROM: Kelly Russell, Field Representative N"
DATE: Feb. 3, 2014
SUBJECT: James Luby Major Permit Recommendations
The applicant proposes to construct a gravel driveway to provide access to a relocated single
family dwelling.
The development proposal involves the Ocean Hazard Area of Environmental Concern (AEC).
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 .0303 MANAGEMENT OBJECTIVE OF OCEAN HAZARD AREAS
(a) The CRC recognizes that absolute safety from the destructive forces indigenous to the
Atlantic shoreline is an impossibility for development located adjacent to the coast. The loss of
life and property to these forces, however, can be greatly reduced by the proper location and
design of structures and by care taken in prevention of damage to natural protective features
particularly primary and frontal dunes. Therefore, it is the CRC's objective to provide
management policies and standards for ocean hazard areas that serve to eliminate unreasonable
danger to life and property and achieve a balance between the financial, safety, and social factors
that are involved in hazard area development.
(b) The purpose of these Rules shall be to further the goals set out in G.S. I I3A-102(b), with
particular attention to minimizing losses to life and property resulting from storms and long-term
erosion, preventing encroachment of permanent structures on public beach areas, preserving the
natural ecological conditions of the barrier dune and beach systems, and reducing the public
costs of inappropriately sited development. Furthermore, it is the objective of the Coastal
Resources Commission to protect present common-law and statutory public rights of access to
and use of the lands and waters of the coastal area.
Consistent: The proposed project is consistent with the management objectives.
1367 US 17 South, Elizabeth City, NC 27909
Phone: [phone] FAX: [phone] ; Intemeb www.nocoastalmanagement.net One
N Carolina
An Equal Opportunity \ Affirmative Action Employer )WA(rR[[1/
k

r
James Luby Major Permit Recommendations
February 3, 2014
Page 2
15A NCAC 07H .0306 GENERAL USE STANDARDS FOR OCEAN HAZARD AREAS
(a) In order to protect life and property, all development not otherwise specifically exempted or
allowed by law or elsewhere in the Coastal Resources Commission's Rules shall be located
according to whichever of the following is applicable:
(1) The ocean hazard setback for development is measured in a landward direction from the
vegetation line, the static vegetation line or the measurement line, whichever is applicable. The
setback distance is determined by both the size of development and the shoreline erosion rate as
defined in 15A NCAC 07H .0304. Development size is defined by total floor area for structures
and buildings or total area of footprint for development other than structures and buildings.
(2) With the exception of those types of development defined in 15A NCAC 07H .0309, no
development, including any portion of a building or structure, shall extend oceanward of the
ocean hazard setback distance. This includes roof overhangs and elevated structural components
that are cantilevered, knee braced, or otherwise extended beyond the support of pilings or
footings. The ocean hazard setback is established based on the following criteria:
(A) A building or other structure less than 5,000 square feet requires a minimum setback of
60 feet or 30 times the shoreline erosion rate, whichever is greater;
(J) Parking lots greater than or equal to 5,000 square feet requires a setback of 120 feet or 60
times the shoreline erosion rate, whichever is greater;
(c) Development shall not cause irreversible damage to historic architectural or archaeological
resources documented by the Division of Archives and History, the National Historical Registry,
the local land -use plan, or other sources with knowledge of the property.
Consistent: The proposed driveway is to be constructed of gravel and therefore meets the
exceptions set forth in .0309.
15A NCAC 07H .0308 SPECIFIC USE STANDARDS FOR OCEAN HAZARD AREAS
15A NCAC 07H .0309 USE STANDARDS FOR OCEAN HAZARD AREAS:
EXCEPTIONS
(a) The following types of development shall be permitted seaward of the oceanfront setback
requirements of Rule .0306(a) of the Subchapter if all other provisions of this Subchapter and
other state and local regulations are met:
(2) driveways and parking areas with clay, packed sand or gravel;
(3) elevated decks not exceeding a footprint of 500 square feet;
(4) beach accessways consistent with Rule .0308(c) of this Subchapter;
(5) unenclosed, uninhabitable gazebos with a footprint of 200 square feet or less;
In all cases, this development shall be permitted only if it is landward of the vegetation line or
static vegetation line, whichever is applicable; involves no alteration or removal of primary or
frontal dunes which would compromise the integrity of the dune as a protective landform or the
dune vegetation; has overwalks to protect any existing dunes; is not essential to the continued
existence or use of an associated principal development; is not required to satisfy minimum
requirements of local zoning, subdivision or health regulations; and meets all other non -setback
requirements of this Subchapter.
1367 US 17 South, Elizabeth City, NC 27909
Phone: [phone] FAX: [phone] ; Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer
Nturall'y
ehCarohna

0
James Luby Major Permit Recommendations
February 3, 2014
Page 3
Consistent: The proposed parking area within the ocean hazard setback is to be
constructed of gravel and therefore meets the exceptions.
Based on my review of the applicable subsections of the North Carolina Administrative Code,
the permit application, and plans, I recommend a Major Permit be issued to James Luby for the
construction of a new driveway with the standard permit conditions associated with Ocean
Hazard AEC development.
1367 US 17 South, Elizabeth City, NC 27909
Phone: [phone] FAX: [phone]; Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer
None hCarolina
61 UN111,1

MaJ,V-
04cc
CCI R
North Carolina Department of Environment and
Division of Coastal Management
Pat McCrory Braxton C. Davis
Governor Director
Jan. 6, 2014
Atlantic Environmental Consultants
P.O. Box 3266
Kitty Hawk, NC 27949
Natural Resources
John E. Skvarla, III
Secretary
RECENED
t
Re: James Luby Major Permit Application JAN 0 9 2014
Dear Mr. Dorman:
DCM•MHDCffg
The NC Division of Coastal Management hereby acknowledges receipt of your major permit
application on Dec. 30, 2013, for State approval for the development of the referenced project.
An initial screening of the submittal package has been conducted. 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. MP-2 form excavation and fill needs to be submitted.
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;
K ly ussell
Coastal Management Representative
cc: Frank A. Jennings, III, District Manager, DCM, Elizabeth City
Doug Huggett, Major Permits Coordinator, Morehead City
1367 US 17 South, Elizabeth City, NC 27909 One
Phone: [phone] FAX: [phone] ; Internet: www.nccoastaimanagement.net N/�O/q��`}` carolliiJn�a
An Equal Opportunity 1 Affirmative Action Employer v � a oral•;/

e0�r
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Pat McCrory Thomas A. Reeder
Governor Director
January 24, 2014
MEMORANDUM:
To: Daniel Govoni
Assistant Major Permits Coordinator
Coastal Management Division
400 Commerce Avenue
Morehead City, NC 28557
From: David Tuten, Environmental Engineer, PWSS/WaRO
Subject: CAMA Permit Application Review
Applicant: James Luby
Project Location: 0 Sudie Payne Road in Rodanthe, Dare County
John E. Skvarla, III
Secretary
Proposed Project: Construct a driveway/access road through 404 wetlands to access home
REPLY: This office has no objection to the project as proposed.
X This office has no comment on the proposed project.
This office approves of the project only if the recommended changes are
incorporated. See attached.
This office objects to the project for reasons described in the attached
comments.
'D
Comments: ' FEB 04 2014
SIGNED ::L2 �
Public Water Supply Section — Jessica C. Godreau, P E., BCEE, Chief
Washington Regional Office
943 Washington Square Mall, Washington, North Carolina 27889
Phone: [phone] FAX: [phone] Internet: www,ncwatecorg/pws/
An Equal Opporlunity 1 Afirme6ve Acuon Employer
DATE 12y�
DCM1r.W111cnV
U

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: James Luby
2. LOCATION OF PROJECT SITE: Sudie Payne Rd. Rodanthe, Dare County on
Atlantic Ocean
Photo Index — 2006: 174-7845 (N,15) 2000: 174-2055 (K,14)
1998: 38-894 (P,15)
State Plane Coordinates - X: 3051563 Y: 688633
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — July 17, 2013 and Jan. 2, 2014
Was Applicant Present - no
5. PROCESSING PROCEDURE: Application Received Complete — Jan. 14, 2014
Office - Elizabeth City
6. SITE DESCRIPTION:
(A)
Local Land Use Plan — Dare County
Land Classification From LUP - conservation
(B)
AEC(s) Involved: Ocean Erodible Area of Environmental Concern (AEC)
(C)
Water Dependent: no
(D)
Intended Use: public
(E)
Wastewater Treatment: Existing — individual septic system
, RECaft
Planned - none
'
(F)
Type of Structures: Existing — single family residence
FEB 0 4
Planned — driveway/ access road a
2014
(G)
Estimated Annual Rate of Erosion: 8.5 ft/yr
Source — DCM erosion rate maps
DCM'MHDC1TV
7. HABITAT
DESCRIPTION: [AREA]
DREDGED FILLED
OTHER
(A) Vegetated Wetlands within
2,940 sq ft
Ocean Hazard AEC
(B) High Ground within Ocean
3,685 sq ft
Hazard AEC
(C) Highground
3,135 sq ft
(D) Total Area Disturbed: 9760 sq ft (0.22 acres)
(E) Primary Nursery Area: no
(F) Water Classification: SB Open: no

Field Investigation Report
Page 2
8. PROJECT SUMMARY: The applicant proposes to construct a 16 ft by 610 ft driveway
through 404 wetlands to access an existing relocated home.
Proiect Setting
The project site is located in the Village of Rodanthe on Sudie Payne Rd. off of NC 12
adjacent to the Atlantic Ocean in Dare County. The proposed project site is a 187,744 sq ft
tract and is developed with a single family residence that was recently relocated to the property
from an eroded lot. The property has 98 ft of oceanfront shoreline and is vegetated with
upland grasses, wax myrtles, sea oats, and other beach grasses in the upland area. The
wetland area is dominated by Juncus roemerianus and Spartina patens. Although many
coastal wetland species are present, this area is not subject to regular or irregular flooding and
is not claimed as a coastal wetland under the jurisdiction of the Division of Coastal
Management. An approximately 8 ft. wide ditch bisects the 404 wetland area in a north to
south alignment.
The project site is bordered on the north side by an undeveloped lot and on the south by a
single family residence. The Atlantic Ocean is classified as SB by the Environmental
Management Commission and is not open to shell fishing. The site is 5 ft above normal
water level (NWL).
Development Proposal
In order to provide vehicular access for his recently relocated single family dwelling the
applicant proposes to construct a 16 ft wide by 610 ft long gravel driveway/access road.
The driveway would cross through designated 404 wetlands and would require 2,940 sq ft of
wetlands to be filled. The applicant would place a 12" culvert pipe within the existing ditch to
maintain drainage. The adjacent property to the south currently has an existing gravel
driveway that the property owner had proposed to use for their access to the relocated home
however the adjacent property owner has declined to give deeded access to their private drive.
Anticipated Impacts
The project as proposed will result in the filling of 2,940 sq ft of 404 wetlands for the
construction of a driveway and the filling of 3,685 sq ft of uplands including 1,680 sq ft of
Ocean Hazard AEC.
Submitted by: Kelly Russell
Date: Jan. 14, 2013

PROJECT NARRATIVE
CAMA MAJOR PERMIT — Luby Residence
Rodanthe, Dare County
December 27, 2013
DEC 30 2013
GOASTfi
LOCATION OF PROJECT:
The proposed project is located on the oceanfront in a residentially developed area. The subject
property is located adjacent to Sudie Payne Road off NC 12, located at approximate latitude
35035'52"N and longitude 75027'48"W, adjacent to the Atlantic Ocean, in Rodanthe, Dare County,
North Carolina.
SUBJECT SITE PROPOSED FOR DEVELOPMENT:
The 4.31 acre subject site is an oceanfront property comprised of 1.59 acres of uplands and 2.72
acres of U.S. Army Corp of Engineers (USAGE) jurisdictional Section 404 wetlands. The USACE
Section 404 wetlands within the 4.31 acre subject property were delineated by Atlantic
Environmental Consultants, LLC and confirmed by the U.S. Army Corp of Engineers, Josh
Pelletier on August 7, 2013. Currently there is a relocated residential house on the subject
property with a conventional septic system and Dare County public water supply.
PROJECT DESCRIPTION:
This CAMA major application is being prepared for the construction of a driveway through
USACE Section 404 wetlands in the Ocean Area of Environmental Concern (AEC). The
proposed driveway fill is approximately 610' x 16' and will affect 9,566 s.f. (0.22 acres) of Section
404 wetlands, an 18' x 12" pvc corrugated pipe will be installed in the existing ditch. Prior to any
fill activities, silt fence will be installed on both sides of the proposed driveway to prevent fill from
entering adjacent Section 404 wetlands during construction. Silt fence will be maintained and
kept in place until the side slopes of the driveway are stabilized. Impervious surfaces proposed
for the subject property include the gravel access driveway and parking area, totaling 9,975 s.f. of
impervious surfaces.
PURPOSE OF THE PROJECT:
The purpose for the proposed fill activity is to allow the property owner to gain access to the
existing house and upland portion of the property. The subject property has deeded access to
the east side of Lot 12 on Sudie Payne Road and at the point where it becomes private property.
To avoid wetland impacts, the subject property owner approached the adjacent property owners
on either side of his property, to request permanent access to the upland area on his property,
however, the adjacent property owners are not willing to grant any access, and therefore he is
forced to access the property through Section 404 wetlands.
TOTAL PROPOSED 404 WETLAND FILL WITHIN 51 O' OCEAN AEC:
Driveway...............................................................................................2,940 s.f.
SECTION 404 WETLAND IMPACTS:
Impacts proposed in USACE jurisdictional wetlands............................0.22 ac
WETLAND IMPACTS:
No Impacts proposed within coastal wetlands for the proposed project.
UPLAND DISTURBANCE:
Gravel driveway and parking................................................................3,685 s.f.
WETLAND MITIGATION:
Proposed wetland mitigation will include a conservation easement at a 10:1 ratio.
ir.
RECEIVED
FEB 0 4 2014
DCAf'MM C17'V

RECEIVER
APPLICATION for
DEC 30 2013
major nevelopment Permit COAELI ABE HACITYENT
(last revised 12127106) .
North Carolina DIVISION OF COASTAL MANAGEMENT
1. �;Pfimary ApplicarM/ Lant%wner
Information
Business Name
None
Project Name (if applicable)
Luby Residence
Applicant 1: First Name
James
MI
Last Name
Luby
Applicant 2: First Name
MI
Last Name
If additional applicants, please attach an additional page(s) with names listed.
Mailing Address
195 Maple Lake Road
PO Box
city Broo
Spring fflTv e.Twp
State
PA
ZIP
18444
Country
USA
Phone No.
570 - 351— 7413 ext.
FAX No.
Street Address (d different from above)
City
State
ZIP
Email
[e-mail]
2. Agent%Contracto� information J.
Business Name
Atlantic Environmental Consultants, Uc
Agent/ Contractor 1: First Name
MI
Last Name
Doug
A
Dorman
Agent/ Contractor 2: First Name -
MI
Last Name
Mailing Address
PO Box
City
State
P.O. Box 3266
Kitty Hawk
NC
ZIP
Phone No. 1
Phone No. 2
27949
252 - 261 - 7707 ext.
252 - 599 - 2603 ext.
FAX No.
Contractor#
-
252 261 2965
Street Address (if different from above)
city
State
ZIP
Email
[e-mail]
<Fonn continues on back>

r iI
'Form DCM MP-1 (Page 2 of 4) fiECLEiG
r--- I APPLICATION for
i iMajor Development Permit
nFr, 30 2013
i
8. Project Location
County (can be multiple)
Street Address
State Rd. #
Dare
Sudis Payne Road
N/A
Subdivision Name
citySfate'=
Zip
None
Rodanthe
NC
27968 -
Phone No.
Lot No.(s) (if many, attach additional page with list)
570 - 351 - 7413 ext.
WA, I ,
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
Atlantic Ocean
c. Is the water body identified in (b) above, natural or manmade?
d. Name the closest major water body to the proposed project site.
ONstufal ❑Manmade ❑Unknown
Atlantic Ocean
e. is proposed work within city limits or planning jurisdiction?
f. If applicable, list the planning jurisdiction or city lima the proposed
®Yes []NO
work falls within.
Dare County
4. Site Description
a.
Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.ft.)
98linear feet
187,744
c.
Size of Individual lot(s)
d. Approximate elevation of tract above NHW (normal high water) or
N/A, I I
NWL (normal water level)
(If many lot sizes, please attach additional page with a list)
5' ❑NHW or ®NWL
e.
Vegetation on tract
Black Needle Rush, Sedge, Wax Myrtle, Sea Oats, Beach Grass, Poison ivy.
f.
Man-made features and uses now on tract
Three story residence on Used as a second home.
FEB 0 4
pillings.
2
D� -
g.
Identify and describe the existing land uses adiacent to the proposed project site.
Residential development .
h.
How does local government zone the tract?
1. Is the proposed project consistent with the applicable zoning?
Residential
(Attach zoning compliance certificate, if applicable)
Was ❑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 ❑Yea ®No ❑NA
National Register listed or eligible property?
<Form continues on next page>

Form DCM MP-1 (Page 3 of 4)
f is V _J
0E 30 2013
APPLICATION for
Major Development Permit
m. (I) Are there wetlands on the sile? ! I ®Yes ❑No
(ill Are there coastal wetlands on the site? ❑Yes ®No
(ii) If yes to either (i) or (it) above, has a delineation bgen.condycted.2..,....... _.,,:...:...,:..__,. '®Yes ❑No
(Affach documentation, if available)
n. Describe existing wastewater treatment facilities.
Conventional septic system
o. Describe existing drinking water supply source.
Public water supply
p. Describe existing storm water management or treatment systems.
None
s., Activities and Impacts
a. WIII the project be for commercial, public, or private use? ❑Commercial ❑Public/Govemment
®Private/Community
b. Give a brief description of purpose, use, and daily operations of the project when complete.
The structure was relocated from a another ocean front property that was severley eroded and could no longer support the
residence. The home will be used as a second residence forthe Luby's.
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. .
The existing residence has been moved onsite and set on new pillings. Fill and gravel for the driveway will be brought in by
dump trucks and spread suing a front end loader. Equipment to be stored on the upland portion of the property if needed.
d. list all development activities you propose.
Construction of a driveway to access the upland portion of the property.
e. Are the proposed activities maintenance of an existing project, new work, or both? New
f. What is the approximate total disturbed land area resulting from the proposed project? 0.45 ❑Sq.Ft or ®Acres
g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No ❑NA
that the public has established use of?
h. Describe location and type of existing and proposed discharges to waters of the state.
Temporary surface runoff from proposed driveway to adjacent wetlands.
I. Will wastewater or stormwater be discharged Into a wetland? []Yes ®No ❑NA
If yes, will this discharged water be of the same salinity as the receiving water? []Yes ❑No ®NA
j. Is there any mitigation proposed? ®Yes []No ❑NA
If yes, attach a mitigation proposal.
<Form continues on back>

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) — (0 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 OENR.
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 Jerry Estes Phone No.
Address PO Box 74, Tallapoosa, GA 30176
Name Robert and Karen Segelken Phone No.
Address 59 Samsondale Ave, West Haverstraw , NY 10993
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.
CAMA Minor Permit to James Luby for House relocation
h. Signed consultant or agent authorization form, if applicable.
I. Wetland 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.
I understand that any permit issued in response to this application will allow only the development described in
The project will be subject to the conditions and restrictions contained in the permit.
04 20/4
71DCrpyI
I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to
enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up
monitoring of the project.
I further certify that the information provided in this application is truthful to the best of my knowledge -
Date _1227113 Print Name _Doug Dorman, Consultant w
Signature f J
Please indicate application attachments pertaining to your proposed project. ��C 30 2013
❑DCM MP-2 Excavation and Fill Information ®DCM MP-5 Bridges and Culv�rts —
❑DCM MP-3 Upland Development
l]I
DCM MP-4 Structures Information ,_ --

i
Form DCM MP-2 E
AN - 9 2014
EXCAVATION and FILL C.0,1STv.l.w' i'1r,r_ PERT
(Except for bridges and culverts)
Attach this form to Joint Application for CAMA Major Permit, Fort 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
Carnal
Boat Basin
Boat Ramp
Rock Groin
Rock
Breakwater
(excluding
shoreline
(NLW or
NWL)
stabilization
Length
Width
Avg. Existing
-
.:NA-
... NA -'-
Depth
Final Project
NA
- 'NA..
Depth
9. EXCAYAT/ON- '; . ®This sectior):nof applicable
a. Amount of material to be excavated from below NHW or NWL in b, Type of materiel to be excavated.
cubic yards.
c. (I) Does the area to W excavated include coastal wetiandsfmarsh
(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 qSe
❑WL _ []None,
(iq Describe the purpose of the excavation in these areas:
d. Kgh-ground excavation in cubic yards.
2 OISPQSAL- OFEXCA VATi=Q IVIATER/AL 0Inis section,not applicable:
a. Location of disposal area. b. Dimensions of disposal area.
c. (1) Do you claim title to disposal area?
❑Yes ❑Na ❑NA
(ii) If no, attach a letter granting permission from the: owner.
e. (i).Does the disposal area include any coastal wetlands/marsh
(CW), submerged aquatic vegetation (SAW shell bottom (SB),
or other wetlands (WL)? If any boxes are checked, provide the
number ofsquare .feet affected.
❑CW _ ❑SAV ❑SS
❑WL _ ❑None
(ii) Describe the purpose of disposal in these areas:
d. (1) Will a disposal area be available for future maintenance?
❑Yes []No ❑NA
(ii) If yes, where?
f. (1) Does the disposal include any area in the water?
❑Yes ❑No ❑NA
(11) If yes, how much water area is affected?
252-BOU-2808 :: 1-883-4RCOAST :: vww.rccoastatiaranaeement.net revivod: 121261e6

Form QCM MP-2 (Excavation and Fill, Page 2 of 2)
3. SHOREUNESTABUZATION NThissecdannot app)icable
(Ndevelopment is a wood groin, use MP-4 — Structures)
a. Type of shoreline stabilization: b. Length:
[]Bulkhead ❑Riprap ❑BmakwaterlSill ❑Other
c. Average distance waterward of NHW or NWL,
e. Type of stabilization material:
g. Number of square feet of fill to be placed below water level.
Bulkhead backfill _ Riprap _
BreakwatedSill _ Other
i. Source of fill material.
4. OTHER FILL ACTIVITIES
(Excluding shoreline Stabilization)
a. O Will fill material be brought to the site?
If yes,
(if) Amount of material to be placed in the water 80 cu.vds.
(N) Dimensions of fill area 598' x 16'
(iv) Purpose of fill
Driveway for exisitrg house.
a. How will excavated or fill material be kept on site and
controlled?
Silt fence is to placed on either side of the proposed driveway and
kept in place until side slope vegetation is established.
c. ill Will navigational aids be required as a result of the project?
[]Yes []NO ONA
(ii) If yes, explain what type and how they will be implemented.
12/23/13
Date
Luby residence
Project Name
Width: _
d. Maximum distance waterward of NHW or NW-:
I. (i) Has there been yhoreline erosion during preceding 12
morrths?
❑Yes ❑No ❑NA
(li) If yes, state amount of erosion and source of erosion amount
information.
h. Type of fill material.
p This section not applicable
b. () Will fill material be placed in coastal wetlandslimarsh (CM,
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 _ ❑SS
®WL ❑None
(ii) Describe the purpose of the fill in these areas: j�'lTn..._
To construct a driveway to the existing house. "'`"'�� �vCClUJ
FER n 4 2014
backhoe, or hydraulic dredge)?
Dump trucks and front end loader.
it. () Will wetlands be crossed In transporting equipment to project
site? []Yes IgNo ❑NA
(i)) If yes, explain steps that will be taken to avoid or minimize
environmental impacts.
Authorized agent - Doug Dorman
Applicant Name
Air,�iJLz��ti7.�a
reaii Signature
252-808-2808 a 1.888-411COAST u www.nceasstalmanagmant.nat revised: 1212G106

.. L ' mrl7il
kffu ED
Farm ACM MP-5
BRIDGES and CULVERTS DEC 3 o 2013
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete a I coM%,n nJl'N
St tJpesj Joint
Application that relate to this proposed Droiect. Please include all suoolemental information'---
1. BRIDGES ®This
se
tiYA—n nowp-orcatie
a. Is the proposed bridge:
❑Commercial ❑PublidGovemment ❑Private/Community,
a Type of bridge (construction material):
e. (1) Will proposed bridge replace an existing bridge? []Yes []No
If yes,
(ii) Lengthof existing bridge:
(ito Width of existing bridge:
(iv) Navigation clearance underneath existing bridge:
(v) Will all, or a part of, the existing bridge be removed?
(Explain)
9. Length of proposed bridge: _
b. Water body to be crossed by bridge:
d. Water depth at the proposed crossing at NLW or NWL:
f. () Will proposed bridge replace an existing culvert? ❑Yes []No
If yes,
(il) Length of existing culvert:
(Ili) Width of existing culvert:
(iv) Height of the top of the existing culvert above the NHW or
NWL: _
(v) Will all, or a part of, the existing culvert be removed?
(Explain)
h. Width of proposed bridge: _
1. Will the proposed bridge affect existing water flow? []Yes []No J. Will the proposed bridge affect navigation by redudng or
If yes, explain: Increasing the existing navigable opening? ❑Yes ❑No
If yes, explain:
k. Navigation clearance underneath proposed bridge: _
I. Have you contacted the U.S. Coast Guard concerning their
approval? ❑Yes ❑No
If yes, explain:
in. Will the proposed bridge cross wetlands containing no navigable n. Height of proposed bridge above wetlands:
waters? ❑Yes ❑No
If yes, explain:
2. CULVERTS [I This section not applicable
a. Number of culverts proposed: 1 b. Water body in which the culvert is to be placed:
Exisitng ditch.
< Form continues on backs

Form DCM MP,5 (Bridges and Culverts, Page 2 of 4)
c. Type of culvert (construction material):
PVC
d. (i) Will proposed culvert replace an existing bridge?
❑Yes ONO
If yes,
(ii) Length of existing bridge: —
(iii) Width of existing bridge:
(iv) Navigation clearance underneath existing bridge: —
(v) Will all, or a part of, the existing bridge be removed?
(Explain)
f. Length of proposed culvert: 18'
h. Height of the top of the proposed culvert above the NHW or NWL.
4"
j. Will the proposed culvert affect navigation by reducing or
increasing the existing navigable opening? []Yes ONO
If yes, explain:
e. (i) Will proposed
DEC 30 2013
an existing culvert?
I.,_.._.. _- [3Yes,yONO
If yes,
(ii) Length of existing culvert(s):
(iii) Width of existing culvert(s): —
(iv) Height of the top of the existing culvert above the NHW or
NWL: _
(v) Will all, or a part of, the existing culvert be removed?
(Explain)
9. Wxfth of proposed culvert: 12"
I. Depth of culvert to be buried below existing bottom contour.
k. Will the proposed culvert affect existing water flow?
If yes, explain:
FFR 0 A 2014
3. EXCAVATION and FILL ❑This section not applicable
a. (i) Will the placement of the proposed bridge or culvert require any b. (i) Will the placement of the proposed bridge or culvert require any
excavation below the NHW or NWL? []Yes ONO excavation within coastal wedandstmarsh (CW), submerged
If yesaquatic vegetation (SAV), shell bottom (SB), or other wetlands
(ii) Avg. length of area to be excavated: (WL)? If any boxes are checked, provide the number of square
feet affected.
(iii) Avg. width of area to be excavated: _ ❑CW ❑SAV ❑SB _
(iv) Avg. depth of area to be excavated: — OWL []None
(v) Amount of material to be excavated in cubic yards:
(ii) Describe the purpose of the excavation in these areas:
The pipe will be buried 2.5 inches into existing wetland
surface for adequate pipe burial.
c. (i) Will the placement of the proposed bridge or culvert require any
high -ground excavation? ❑Yes ONO
If yes,
(ii) Avg. length of area to be excavated: —
(iii) Avg. width of area to be excavated: —
(w) Avg. depth of area to be excavated:
(v) Amount of material to be excavated in cubic yards:
I

Form DCM MP-5 (Bridges and Culverts, Page 3 of 4) I N —"•"y� �
d. If the placement of the bridge or culvert involves any excavation, please complete the following: 1 1{ C i, 30 206
(1) Location of the spoil disposal area:
(j) Dimensions ofthe spoil disposal area:
(ii) Do you claim title to the disposal area? []Yes ❑No (If no, attach a lettergranfing permission from8reaownec)_.
(iv) Will the disposal area be available for future maintenance? []Yes ❑No
(v) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAVs), other wetlands (WCj; Cr shell
bottom (SB)?
❑CW ❑SAV OWL ❑SB ❑None
If any boxes are checked, give dimensions it different from (11) above.
(vi) Does the disposal area include any area below the NHW or NWL? ? []Yes []No
If yes, give dimensions if different from (it) above.
e. () Will the placement of the proposed bridge or culvert result in any
fill (other than excavated material described in Item d above) to
be placed below NHW or NWL? ❑Yes ®No
If yes,
(ii) Avg. length of area to be filled: _
(111) Avg. width of area to be filled: _
(iv) Purpose of fill:
g. (I) Will the placement of the proposed bridge or culvert result in any
fill (other than excavated material described in Item d above) to
be placed on high -ground? ❑Yes ®No
If yes,
(ii) Avg. length of area to be filled:
(Ili) Avg. width of area to be filled: _
pv) Purpose of fill:
() Will the placement of the proposed bridge or culvert result in any
fill (other than excavated material described in Item d above) to
be placed within coastal wetlandsimarsh (CW), submerged
aquatic vegetation (SAV), shell bottom (SS), or other wetlands
(WL)? If any boxes are checked, provide the number of square
feet affected.
❑CW ❑SAV ❑SB
®WL ❑None
(it) Describe the purpose of the excavation in these areas:
The fill will be placed in wetlands for proposed
driveway.
a. Will the proposed project require the relocation of any existing b. Will the proposed project require the construction of any temporary
utility lines? ❑Yes ®No detour structures? ❑Yes ®No
If yes, explain: If yes, explain:
If this portion of the proposed project has already received
approval from local authontles, please attach a copy of the
approval or certification.
< Form continues on back>

r Form DCM MP-.5 (Bridges and Culverts, Page 4 of 4)
c. Will the proposed project require any work channels? d. How will excavated or fill matedal be kept on site and erosion
[]Yes ®No controlled?
H yes, complete Form DCM-MP-2. Sift fence will be placed on either side of the proposed
driveway until side slopes of the drieway are
established.
e. What type of construction equipment will be used (for example,
dragline, bactrhoe, or hydraulic dredge)?
Dump trucks and front end loader
g. Will the placement of the proposed bridge or culvert require any
shoreline stabilization? ❑Yes ®No
If yes, complete form MP-2, Section 3 for Shoreline
Stabilization only.
12/27/13
Date
Luby residence
Project Name
Doug Dorman for James Luby
Applicant Name
ipplioa<signature
f. Will wetlands be crossed in transporting equipment to project site?
❑Yes ®No
If yes, explain steps that will be taken to avoid or minimize
environmental impacts.
DEC 30 2013
!•p.-9.'cTiT
_ .. nemINBD
FEB 0 4 2014
DCM-MHDCrrY

North Carolina
Pat McCrory
Governor
January 15, 2014
MEMORANDUM
TO:
FROM:
SUBJECT:
Applicant:
Project Location:
Proposed Project:
Ail -
l_
NCDENR
Department of Environment and Natural Resources
Division of Coastal Management
Braxton C. Davis John E. Skvarla, III
Director Secretary
Charlan Owens, District Planner
Division of Coastal Management
Daniel Govoni R1 CENEA
Assistant Major Permits Coordinator
CAMA Permit Application Review JAN 3 1 2014
James Luby DCM•MffDCrry
0 Sudie Payne Road in Rodanthe, Dare County
Construct a driveway/access road through 404 wetlands to access home
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 02/05/14 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: [phone]).
If you have any questions regarding the proposed project, please contact Kelly Russell at (252)
264-3901. When appropriate, in-depth comments with supporting data are requested.
REPLY: This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the project only if the recommended changes are
incorporated. See attached.
This office objects to the project for reasons described in the attached
comments.
X S' ►% SIGNED i�' DATE I- 23-(
1367 US 17 South, Elizabeth City, NC 27909
Phone: [phone] FAX: [phone] ; Internet: www,nocoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer

f �.
.. '�I
.l
• i
. f,
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q
'�

0CCS R
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory Braxton C. Davis John E. Skvarla, III
Governor Director Secretary
MEMORANDUM
TO: Daniel Govoni,DDAICP,
CCM Assistant Major Permits Coordinator
FROM: Chadan Owe NE DCM District Planner
SUBJECT: Major Permit Request by James Luby to install a 16 foot wide by 610 foot long
gravel driveway/access road with parking and a 12" diameter culvert pipe 18
feet in length on property abutting the Atlantic Ocean that is located at the
northeast terminus of Sudie Payne Road, off NC Highway 12, in the Rodanthe
community, Dare County.
Date: January 23, 2014
Consistency Determination: The request is consistent with/not in conflict with the Dare
County 2009 Land Use Plan certified by the CRC on February
24, 2011.
Overview: The 4.31 acre subject property has approximately 98 linear feet of shoreline along
the Atlantic Ocean. The property extends approximately 1,345 feet from the ocean, with 1.59
acres of uplands to the east and 2.72 acres of Section 404 Wetlands to the west. An 8 foot
wide ditch bisects the Section 404 Wetlands, running in a north/south direction. The property
is 5 feet above Normal Water Level. The property is located within Floodzones VE (EL 13)
and VE (EL 11) along the upland areas, and AE (EL9) primarily along the Section 404
Wetlands.
Existing site improvements consist of a single-family house and associated septic system.
The site is served by Dare County public water supply. The house was relocated to the
property from an eroded lot to the north. The lot abuts Sudie Payne Road for a distance of 180
feet to the west along its length.
Installation of a 16 foot wide by 610 foot long gravel driveway/access road with parking and a
12" diameter culvert pipe 18 feet in length is proposed. The driveway will connect to the
terminus of Sudie Payne Road and extend across Section 404 wetlands and the drainage
ditch to a parking area at the house. The culvert pipe will be installed within the existing ditch
to maintain drainage.
The waters of the Atlantic Ocean in this area are designated as SB and are closed to shellfish
taking.
A review of archaeological areas of significance was not provided. RED
1367 US 17 South, Elizabeth City, NC 27909 JAN 3 12014
Phone: [phone] FAX: [phone] ; Internet: www.nccoastalmanagement.net
DCM•bt$DC1TV
An Equal Opportunity 1 Affirmative Action Employer

Vr Jf

North Carolina Department of Environment and Natural Resources
Division of Coastal Management
MEMORANDUM
Page 2 of 4
Anticipated impacts resulting from this project are expected to include: the filling of 2,940 sq.
ft. of Section 404 wetlands within the Ocean Hazard Area of Environmental Concern (AEC),
3,685 sq. ft. of High Ground within the Ocean Hazard AEC, and 3,135 sq. ft. of High Ground.
A conservation easement at a 10:1 ratio is proposed for wetland mitigation as indicated in the
applicant's project narrative.
Basis for Determination:
The Dare County Land Classification Map identifies the subject property as "Transitional
Corridor". As indicated on Page 217, the "Conservation" designation applies to all CAMA
Areas of Environmental Concern (AECs).
As indicated on Page 207 for the "Transitional Corridor" designation, "(t)he purpose of the
transition corridor category is to provide for more intensive development on lands that are
suitable and will be provided with the necessary infrastructure and services to support
urban -style development." As suggested on Page 217, development in "Conservation" areas
may include traditional accessory uses permitted in CAMA AECs.
A glossary of terms used in the policy statements is provided on Page 139. These include:
Advocate: to promote or encourage
Encourage: to favor or foster (also see support)
Recognize: to show awareness of an issue or condition
Shall: mandatory, not optional; a more formal term for "will"
Should: preferred or recommended but not mandatory in all cases
Support: to foster; may imply financial support
The following are LUP policies that may be applicable to this request:
Land Use Compatibility:
Policy LUC#15, Page 159.
"The Dare County Board of Commissioners supports the protection of structures,
lands, and artifacts that have been identified by the INC Department of Cultural
Resources, Division of Archives and History, as archaeologically or historically
significant. On a case -by -case basis individual protection/management strategies
should be implemented to ensure archaeological and/or historical resources are
not destroyed."
R&C6tt�A '�
JAN 3 1 2014
1367 US 17 South, Elizabeth City, NC 27909
Phone: [phone] FAX: [phone] ; Intemet: www,necoastalmanagement.net DCM-MTTD CrV
An Equal Opportunity 1 Affirmative Action Employer

North Carolina Department of Environment and Natural Resources MEMORANDUM
Division of Coastal Management Page 3 of 4
Natural Hazards:
Policy NH#1, Page 179.
"Oceanfront shoreline development should continue to be managed to protect
and preserve the natural and recreational resources along the oceanfront. The
appropriate tools for this are the existing CAMA permit program and the Areas of
Environmental Concerns (AECs) designated under the CAMA program..."
Implementation Strategy:
1. Rely on existing CAMA AEC regulations to address the development
activities along the ocean beaches, estuarine shoreline, and other public
trust areas in unincorporated Dare County...
Policy NH#5, Page 181.
"Dare County supports, as minimum standards, the administration and
enforcement of all applicable floodplain management regulations and the
National Flood Insurance Program..."
Policy NH#6, Page 182.
"Dare County shall use construction standards, such as the elevation of building
and the wind zone requirements for mobile homes and zoning regulations, such
as setbacks from water bodies and erosion -prone areas to mitigate the effects of
high winds, storm surge, flooding, wave action, and erosion."
Water Quality:
Policy WQ#2, Page 188.
"Development projects shall be designed and constructed to minimize
detrimental impacts on surface water quality, groundwater quality, and air
quality..."
Policy WQ#4, Page 190.
"Efforts to preserve, protect and improve water quality should be managed at the
local level. Local level management allows for a regulatory approach designed to
specifically address unique local needs and conditions. Existing State storrnwater
rules should serve as the basis for local programs with adjustme r"
address local needs, conditions, and community support."
JAN 31 2014
1367 US 17 South, Elizabeth City, NC 27909
Phone: [phone] FAX: [phone] ; Internet: www.nocoastalmanagement.net
I)CM MO TY
An Equal Opportunity 1 Affirmative Action Employer

North Carolina Department of Environment and Natural Resources MEMORANDUM
Division of Coastal Management Page 4 of 4
Policy WQ#5, Page 190.
"Efforts to manage stormwater runoff should be based on local conditions and
natural features..."
Policy WQ#8, Page 192.
"Dare County supports the U.S. Army Corps of Engineers nationwide permit
program as administered in 2009. This support is based on the current scope of
permitting limits of the nationwide program and not any changes that may result
in a different policy..."
Policy WQ#9, Page 192.
"...The use of wetland mitigation for private development projects may be
deemed suitable if such projects are consistent with other policies of the Dare
County Land Use Plan and recognized as serving a public need by the Dare
County Board of Commissioners."
RECEWW
J
AAN 31 2014
DCM-=CITY
1367 US 17 South, Elizabeth City, NC 27909
Phone: [phone] FAX: [phone] ; Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer

19W
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory Braxton C. Davis John E. Skvarla, III
Governor Director/\ Secretary
January 15, 2014 S (� ✓ AN l%
hallfi ' O
MEMORANDUM we rQlati b
TO: Patti Fowler, Shellfish Sanitation erQUaGtySgc �onatio�a/
DIVISION OF MARINE FISHERIES
FROM: Daniel Govoni
Assistant Major Permits Coordinator RECEVM
SUBJECT: CAMA Permit Application Review
JAN 24 2014
Applicant: James Luby
Project Location: 0 Sudie Payne Road in Rodanthe, Dare County
Proposed Project: Construct a driveway/access road through 404 wetlands to access home
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 02/05/14 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: [phone]).
If you have any questions regarding the proposed project, please contact Kelly Russell at (252)
264-3901. When appropriate, in-depth comments with supporting data are requested.
REPLY: This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the project only if the recommended changes are
incorporated. See attached.
This office objects to the project for reasons described in the attached
comments.
SIGNED akik,,�` P'p' (`' 1 DATE
1367 US 17 South, Elizabeth City, NC 27909
Phone: [phone] FAX: [phone] ; Internet: www.nocoastalmanagement.net
I/d I/H
f
d
An Equal Opportunity 1 Affirmative Action Employer

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory
Governor
January 15, 2014
MEMORANDUM
TO:
FROM:
SUBJECT:
Applicant:
Project Location:
Proposed Project:
Braxton C. Davis
Director
Tim Walton, Manager
State Property Office
Daniel Govoni
Assistant Major Permits Coordinator
CAMA Permit Application Review
James Luby
0 Sudie Payne Road in Rodanthe, Dare County
John E. Skvarla, III
RECEIVED Secretary
r
JAN 2 g 2014
DCM-MAD CITY
RECEIVED
JAN 17 2014
DOA
STATE PROPERTY
OFFICE
Construct a driveway/access road through 404 wetlands to access home
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 02/05/14 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: [phone]).
If you have any questions regarding the proposed project, please contact Kelly Russell at (252)
264-3901. When appropriate, in-depth comments with supporting data are requested.
REPLY: This office has no objection to the project as proposed.
—,,,Xs office has no comment on the proposed project.
�+1h� This office approves of the project only if the recommended changes are
incorporated. See attached.
This office objects to the project for reasons described in the attached
comments.
SIG NE=FAX:
DATE
1367 US 1709
Phone: 2523 ; Internet: www.nocoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: James Luby
2. LOCATION OF PROJECT SITE: Sudie Payne Rd, Rodanthe, Dare County on
Atlantic Ocean
Photo Index-2006: 174-7845 (N,15) 2000: 174-2055 (K,14) RECEIVED
1998: 38-894 (P,15)�
State Plane Coordinates - X: 3051563 Y: 688633
JAN 2 3 2014
3. INVESTIGATION TYPE: CAMA
AC&S•A7AD�y '
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit— July 17, 2013 and Jan. 2, 2014
Was Applicant Present - no
5. PROCESSING PROCEDURE: Application Received Complete — Jan. 14, 2014
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan — Dare County
Land Classification From LUP - conservation
(B) AEC(s) Involved: Ocean Erodible Area of Environmental Concern (AEC)
(C) Water Dependent: no
(D) Intended Use: public
(E) Wastewater Treatment: Existing — individual septic system
Planned - none
(F) Type of Structures: Existing — single family residence
Planned:; driveway/ accegsma6i
(G) Estimated Annual Rate of Erosion: 8.5`f 7yr---.•.___— ----
Source — DCM erosion rate maps
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands within
2,940 sq ft
Ocean Hazard AEC
(B) High Ground within Ocean
3,685 sq ft
Hazard AEC
(C) Highground
3,135 sq ft
(D) Total Area Disturbed: 9760 sq ft (0.22 acres)
(E) Primary Nursery Area: no
(F) Water Classification: SB Open: no

Field Investigation Report
Page 2
rV' E 8. PROJECT SUMMARY: The applicant proposes to construct a 16 ft by 610 ft driveway
through 404 wetlands to access an existing relocated home
Protect Setting
The project site is located in the Village of Rodanthe on Sudie Payne Rd. off of NC 12
adjacent to the Atlantic Ocean in ad r�oun y. he proposed project site is a 187,744 sq ft
tract and is develo ep d with a single family residence that was recently relocated to the property
from an eroded lot. The property Fias 9$oTocea-nfrant shoreline and is vegetated with
upland grasses, wax myrtles, sea oats, and other beach grasses in the upland area. The
wetland area is dominated by Juncus roemerianus and Spartina patens. Although many
coastal wetland species are present, this area is not subject to regular or irregular flooding and
is not claimed as a coastal wetland under the jurisdiction of the Division of Coastal
Management. An approximately 8 ft. wide ditch bisects the 404 wetland area in a north to
south alignment.
The project site is bordered on the north side by an undeveloped lot and on the south by a
single family residence. The Atlantic Ocean is classified as SIB by the Environmental
Management Commission and is not open to shell fishing. The site is 5 ft above normal
water level (NWL).
Development Proposal
In order to provide vehicular access for his re-cea ; ra�nrated�inole family dwellingthe
applicant proposes to construct a 16 ft wide by 610 ft long gravel driveway/access road.
The driveway would cross through designated 404 wetlands and would require 2,940 sq ft of
wetlands to be filled. The applicant would place a 12" culvert pipe within the existing ditch to
maintain drainage. The adjacent property to the south currently has an existing gravel
driveway that the property owner had proposed to use for their access to the relocated home
however the adjacent property owner has declined to give deeded access to their private drive.
Anticipated Impacts
The project as proposed will result in the filling of 2,940 sq ft of 404 wetlands for the
construction of a driveway and the filling of 3,685 sq ft of uplands including 1,680 sq ft of
Ocean Hazard AEC.
Submitted by: Kelly Russell
Date: Jan. 14, 2013

PROJECT NARRATIVE
CAMA MAJOR PERMIT — Luby Residence
Rodanthe, Dare County
December 27, 2013
LOCATION OF PROJECT:
r`. !.. _ D
DEC 30 2013
coA_ - - --
. JAN 2 3 2014
The proposed project is located on the oceanfront in a residentially developed area. The s ject
property is located adjacent to Sudie Payne Road off NC 12, located at approximate latitude
35035'52"N and longitude 75027'48"W, adjacent to the Atlantic Ocean, in Rodanthe, Dare CouRy--h1HDC1TY
North Carolina.
SUBJECT SITE PROPOSED FOR DEVELOPMENT:
The 4.31 acre subject site is an oceanfront property comprised of 1.59 acres of uplands and 2.72
acres of U.S. Army Corp of Engineers (USAGE) jurisdictional Section 404 wetlands. The USACE
Section 404 wetlands within the 4.31 acre subject property were delineated by Atlantic
Environmental Consultants, LLC and confirmed by the U.S. Army Corp of Engineers, Josh
Pelletier on August 7, 2013. Currently there is a relocated residential house on the subject
property with a conventional septic system and Dare County public water supply.
PROJECT DESCRIPTION:
This CAMA major application is being prepared for the construction of a driveway through
USACE Section 404 wetlands in the Ocean Area of Environmental Concern (AEC). The
proposed driveway fill is approximately 610' x 16' and will affect 9,566 s.f. (0.22 acres) of Section
404 wetlands, an 18' x 12" pvc corrugated pipe will be installed in the existing ditch. Prior to any
fill activities, silt fence will be installed on both sides of the proposed driveway to prevent fill from
entering adjacent Section 404 wetlands during construction. Silt fence will be maintained and
kept in place until the side slopes of the driveway are stabilized. Impervious surfaces proposed
for the subject property include the gravel access driveway and parking area, totaling 9,975 s.f. of
impervious surfaces.
PURPOSE OF THE PROJECT:
The purpose for the proposed fill activity is to allow the property owner to gain access to the
existing house and upland portion of the property. The subject property has deeded access to
the east side of Lot 12 on Sudie Payne Road and at the point where it becomes private property.
To avoid wetland impacts, the subject property owner approached the adjacent property owners
on either side of his property, to request permanent access to the upland area on his property,
however, the adjacent property owners are not willing to grant any access, and therefore he is
forced to access the property through Section 404 wetlands.
TOTAL PROPOSED 404 WETLAND FILL WITHIN 510' OCEAN AEC:
Driveway...............................................................................................2,940 s.f.
SECTION 404 WETLAND IMPACTS:
Impacts proposed in USACE jurisdictional wetlands............................0.22 ac
WETLAND IMPACTS:
No Impacts proposed within coastal wetlands for the proposed project.
UPLAND DISTURBANCE:
Gravel driveway and parking................................................................3,685 s.f.
WETLAND MITIGATION:
Proposed wetland mitigation will include a conservation easement at a 10:1 ratio.

IGNEF-1
ECEIVED ,
14
APPLICATION for
DEC 30 2013 `
Major Development Permit COASTAL ELI?AiiETH CBETH C WENT
ITY
(last revised 12127106) .
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary 11 Applicant/ tandorerner Jnforniation
.._.,,
,
Business Name
None
Project Name (if applicable)
Luby Residence
Applicant 1: First Name
James
MI
Last Name
Luby
Applicant 2: First Name
MI
Last Name
If additional applicants, please attach an additional pages) with names listed.
Mailing Address
195 Maple Lake Road
PO Box
City B;,ob
SpringA3rv"Twp
State
PA
ZIP
18444
Country
USA
Phone No.
570 - 351 — 7413 ext.
FAX No.
Street Address (d different from above)
City
State
ZIP
Email
[e-mail]
2.: Agenttontractor]Mormation
Business Name
Atlantic Environmental Consultants, Llc
Agent/ Contractor 1: First Name
MI
Last Name
Doug
A
Dorman
Agent/ Contractor 2: First Name
MI
Last Name
.
Mailing Address
PO Box
City
State
P.O. Box 3266
Kitty Hawk
NC
ZIP
Phone No. 1
Phone No. 2
27949
252 - 261 - 7707 ext.
252 - 599 - 2603 ext.
FAX No.
Contractor#
252 261 2965
Sheet Address (if different from above)
City
State
ZIP
Email
[e-mail]
<Form continues on back>

i
Form DCM MP-1 (Page 2 of 4) APPLICATION for
jmajor Development Permit
n 3 0 2013 I
I
3. Project Location
County (can be multiple)
Street Address
State Rd. #
Dare
Sudie Payne Road `-
N/A
Subdivision Name
City
S`lat6'
4 JAN 213
None
Rodanthe
NC
27968 -
Phone No.
Lot No.(s) (if many, attach additional page with list) L, y
570 - 351 - 7413 ext.
N/A, I I ,
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
Atlantic Ocean
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 OManmade ❑Unknown
Atlantic Ocean
e. Is proposed work within city limits or planning jurisdiction?
I. If applicable, list the planning jurisdiction or city limit the proposed
®Yes ONO
work falls within.
Dare County
4. Site Description
a.
Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.ft.)
98 linear feet
187,744
c.
Size of individual lot(s)
d. Approximate elevation of tract above NHW (normal high water) or
N/A, I I
NWL (normal water level)
(If many lot sizes, please attach additional page with a list)
5' ❑NHW or ®NWL
e.
Vegetation on trail
Black Needle Rush, Sedge, Wax Myrtle, Sea Oats, Beach Grass, Poison ivy.
I.
Man-made features and uses now on tract
Three story residence on pillings. Used as a second home.
g.
Identify and describe the existing land uses ad 'ac to the proposed project site.
Residential development
h.
How does local government zone the tract?
I. Is the proposed project consistent with the applicable zoning?
Residential
(Attach zoning compliance certificate, if applicable)
®Yes ONO ❑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>
`a
2014
:el ig

Form DCM MP-1 (Page 3 of 4)
7 l ,._. •`gar D
me 30 2013
APPLICATION for
Major Development Permit
m. (i) Are there wetlands on the site? ! _- _ i
®Yas []No
(ii) Are there coastal wetlands on the site? _
; []Yes ®No
(ill) If yes to either (i) or (ii) above, has a delineation bgerl,.condpcted2...,..... _. ,.�.,, .::..--...
S
'®Yes ❑No
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
Conventional septic system ;
o: Describe existing drinking water supply source. -
Public water supply
p. Describe existing storm water management or treatment systems.
None
S. 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. '
The structure was relocated, from a another ocean front property that was severley eroded and could no longer support the
residence. The home will be used as a second residence for the Luby's.
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.
The existing residence has been moved onsite and set on new pillings. Fill and gravel for the driveway will be brought in by,
dump trucks and spread suing a front end loader. Equipment to be stored on the upland portion of the property if needed.
d.
List all development activities you propose.
Construction of a driveway to access the upland portion of the property.
e.
Are the proposed activities maintenance of an existing project, new work, or both? New
I.
What Is the approximate total disturbed land area resulting from the proposed project? 0.45 ❑Sq.Ft or ®Acres
g.
Will the proposed project
encroach on any public easement, public accessway or other area ❑Yes ®No ❑NA
that the public has established
use of?
h.
Describe location and type of existing and proposed discharges to waters of the state.
Temporary surface runoff from proposed driveway to adjacent wetlands.
t.
Will wastewater or stormwater be discharged Into a wetland? []Yes ®No ❑NA
If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ®NA
j.
Is there any mitigation proposed? Was ❑No ❑NA
If yes, attach a mitigation proposal.
<Foffn continues on back>

Form DCM MP-1 (Page 4 of 4)
APPLICATION for
Major Development Permit
6. AddNional Information
In addition to this completed application form, (MP-1) the following dams below, if applicable, must be submitted in order for the application
package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application
instruction booklet on how to property 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 Jerry Estes Phone No.
Address PO Box 74, Tallapoosa, GA 30176
Name Robert and Karen Segelken Phone No.
Address 59 Samsondale Ave, West Haverstraw , NY 10993
Name Phone No.
Address
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permitlee, and issuing dates.
CAMA Minor Permit to James Luby for House relocation
h. Signed consultant or agent authorization form, if applicable.
I. Wetland delineation, it 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
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 thatthe information provided in this application is truthful to the best of my knowledge-
Date _1227113 Print Name _Doug Dorman, Consultant `
Signature
Please indicate application attachments pertaining to your proposed project. D E�
❑DCM MP-2 Excavation and Fill Information ®DCM MP-5 Bridges and Culv rts
30 2013
❑DCM MP-3 Upland Development
❑DCM MP4 Structures Information CE1VEp Nl.
;, JAN 2 3 2014 _ ,.

I
Form DCM MP-2 JAN - 9 2014
EXCAVATION and FILL .AS71.
El
(Except for bridges and culverts)
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 activdies. All values should be given in feet.
Access
Other
Channel
Canal
Boat Basin
Boat Ramp
Rock Groin
Rock
Breakwater
(excluding
shoreline
(NLW or
NWL)
stabilization
Length
Width
Avg. Existing
:NA
NA
Depth
Final Project
NA
P1A,
Depth
I1. EXCAVATION PAlmssecmon.norapprwnpra,�
a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated.
cubic yards.
c. (1) Does the area to be excavated include coastal wetlandslmarsh d. High -ground excavation in cubic yards.
(CM, submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (VVL)? If any boxes are checked, provide the
number of square feet affected..:..:
❑CW _ ❑SAV ❑SB _
❑WL _ ❑None
(i) Describe the purpose of the excavation in these areas:
a.
area.
C. (1) Do you claim title to disposal area?
ayes LINO ❑NA
(ii) If no, attach a letter granting permission from the owner.
a O.Does the disposal area include any coastal wetiandsfmarsh
(CV1),.submerged .aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WI-)? If any boxes are checked, provide the
number of squarefeetaffected.
❑CW _ ❑SAV ❑SB
❑WL _ ❑None
(ii) Describe the purpose of disposal in these areas:
b.
area.
d. li) Will a disposal area be available for future maintenance?
❑Yes ONO ❑NA
(5) If yes, where?
f. O Does the disposal include any area in the water?
[]Yes ❑No ❑NA
(i) if yes, how much water area Is affected?
25?-fltSB•28!}R :: 9-888-4RCOAST :: n�y'.!WAI. eoastaiisrana ,gment.net revisaad: 12126108

FOTtyi L'i;%n (UtP-L (Bxcavatlars anti Fill, Page 2 of 2}
3. SHORELINE STABILIZATION ®This serer not applicable
(If development is a wood groin, use MP-4 — Structures)
a. Type of shoreline stabilization: b. Length: _
[]Bulkhead ❑Riprap ❑breakwater/Sill ❑Other __ Width:
C. Average distance waterward of NHW or NWL: d. Maximum distance waterward of NHW or NW.:
e. Type of stabilization material:
g. Number of square feet of fin to be placed below water level.
Bulkhead backfill _ Riprap _
BreakwatedSill _ Other
i, Source of fill material.
f. (i) Has there been;horellne erosion during preceding 12
months?
❑Yes ❑No ❑NA
(n) If yes, state amount o1 eosion and source of erosion amount
information.
h. Type of fill material.
t OTHER FILL ACTIVITIES ❑This sec0lon not applicable
(Excluding Shoreline Slabifizabon)
a. C) Will fill material be bmught to the site? ®Yes []No ❑NA b. n Wit fill material be placed in coastal wetlands/marsh (CW),
If yes submerged aquatic vegetation (SAW shell bottom (SB), or
other wetlands (WL)? If any boxes are checked, provide the
(ii) Amount of material to be placed in the water OQ_w,ydfi, number of square feet affected.
(iii) Dimensions of fill area 598' x 16' ❑CW ❑SAV _ ❑SB _
(iv) Purpose of fill OWL ❑None
Driveway for existing house. (!I) Describe the purpose of the fill in these areas:
To construct a driveway to the existing house.
a. How will excavated or fill material be kept on site and erosion b.
controlled?
Sill fend is to placed on either side of the proposed driveway and
kept in place until side slope vegetation is established.
a () Will navigational aids be required as a result of the project?
[]Yes []No ®NA
(it) B yes, explain what type and how they will be implemented.
What type of construction equipmc
backhoe, or hydraulic dredge)?
Dump trucks and front and loader.
d. (i) Will wetlands be crossed in transporting equipment to project
site? ❑Yes ®No ❑NA
(i) If yes, explain steps that will be taken to avoid or minimize
environmental impacts.
12/23/13 Authorized agent - Doug Dorman
Date
Luby residence
Proled Name
Applicant Name
`-7Ak RECRUI)
lean Signature
JAN 2 3 2014
252-1108-211 s 1-888.41RCOAST :: www.nceoasta!management.net ,,citi

form DCm m"
BRIDGES and CULVERTS
...:.- ._ .w........s.,. ..awn ?P
pp nn f• �
,
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to
Application that relate to this oronosed nmiect. Please include all sunnlemental infnrmafir
DEC 3 0 2013 I I
Joint
1. BRIDGES ®This sectors not apab/e
a. Is the proposed bridge:
[]Commercial ❑PubIIMGovemment ❑Private/Community
a Type of bridge (construction material):
e. (1) Will proposed bridge replace an existing bridge? ❑Yes []No
If yes,
(i) Lengthofexisting bridge:
(tl) Width of existing bridge:
(iv) Navigation clearance underneath existing bridge: _
(v) Will all, or a part of, the existing bridge be removed?
(Explain)
9• Length of proposed bridge: _
b. Water body to be crossed by bridge:
d. Water depth at the proposed crossing at NLW or NWL:
f. (!)Will proposed bridge replace an existing culvert? ❑Yes ❑No
If yes,
(i) Length of existing culvert: _
(ill) Width of existing culvert: _
(iv) Height of the top of the existing culvert above the NHW or
NWL:
(v) Will all, or a part of, the existing culvert be removed?
(Explain)
h. Width of proposed bridge: _
1. Will the proposed bridge affect existing water flow? ❑Yes []No J. Will the proposed bridge affect navigation by reducing or
If yes, explain: increasing the existing navigable opening? ❑Yes []No
If yes, explain:
k. Navigation clearance underneath proposed bridge:
I. Have you contacted the U.S. Coast Guard concerning their
approval? ❑Yes ❑No
If yes, explain:
m. Will the proposed bridge cross wetlands containing no navigable n. Height of proposed bridge above wetlands:
waters? ❑Yes ❑No
If yes, explain: -
2. CULVERTS []This section not applicable
a. Number of culverts proposed: 1 b: Water body in which the culvert is to be placed:
Exisitng ditch.
,c Form continuos on bacica
a

11 Form DCM MP-5 (Bridges and Culverts, Page 2 of 4)
fi E-1 V TED
a Type of culvert (construction material):
PVC
d. (i) Will proposed culvert replace an existing bridge?
❑Yes ONO
If yes,
(ii) Length of existing bridge: _
(tit) Width of existing bridge:
(iv) Navigation clearance underneath existing bridge:
(v) Will all, or a part of, the existing bridge be removed?
(Explain)
f. Length of proposed culvert: 18'
h. Height of the top of the proposed culvert above the NHW or NWL.
4"
j. Will the proposed culvert affect navigation by reducing or
increasing the existing navigable opening? 1--]Yes ONO
If yes, explain:
DEC 30 2013
e. (i) Will proposed culvert -replace en exl rp calverr
_._ 1. —1•,- — ❑Yes. ONO
If yes,
(1i) Length of existing culvert(s):
(III) Width of existing culvert(s):
(iv) Height of the top of the existing culvert above the NHW or
NWL: _
(v) Will all, or a part of, the existing culvert be removed?
(Explain)
9 Width of proposed culvert: 12"
I . Depth of culvert to be buried below existing bottom contour.
2.5"
k. Will the proposed culvert affect existing water Flow?
❑Yes ONO
If yes, explain:
3. EXCAVATION and FILL ❑This section not applicable
a. (I) Will the placement of the proposed bridge or culvert require any
excavation below the NHW or NWL? []Yes ®No
If yes,
(ii) Avg. length of area to be excavated: _
(iii) Avg. width of area to be excavated:
(iv) Avg. depth of area to be excavated: _
(v) Amount of material to be excavated in cubic yards:
c. (i) Will the placement of the proposed bridge or culvert require any
high -ground excavation? ❑Yes ONO
If yes,
(n) Avg. length of area to be excavated: _
(iii) Avg. width of area to be excavated:
(iv) Avg. depth of area to be excavated:
(v) Amount of material to be excavated in cubic yards:
b. (i) Will the placement of the proposed bridge or culvert require any
excavation within 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 _
OWL ❑None
(ii) Describe the purpose of the excavation in these areas:
The pipe will be buried 2.5 inches into existing wetland
surface for adequate pipe burial.
��iVED
'AN 2 3 2014
bCMMRDCrry

Form DCM MP-5 (Bridges and Culverts, Page 3 of 4) r —
I �
I
d. If the placement of the bridge or culvert involves any excavation, please complete the following: I D F 30 2013
(1) Location of the spoil disposal area: I.
(i) Dimensions of the spoil disposal area:
(ill) Do you claim title to the disposal area? ❑Yes []No - (If no, attach a letter granting permissionI from the-owaer) ' v
(tv)Willthedisposalareabeavailableforfuturemaintenance? ❑Yes []No „_,....., ,.,h.,-.�..••••�-^
(v) Does the disposal area include any coastal wetiandslmarsh (CW), submerged aquatic vegetation (SAVs), other wetlands (UJL),or shell
bottom (SB)?
❑CW ❑SAV OWL ❑SB ❑None
If any boxes are checked, give dimensions If different from (ii) above.
(vi) Does the disposal area include any area below the NHW or NWL? ? ❑Yes []No
If yes, give dimensions If different from (it) above.
e. (I) Will the placement of the proposed bridge or culvert result in any
fill (other than excavated material described in Item d above) to
be placed below NHW or NWL? ❑Yes ®No
If yes,
(ii) Avg. length of area to be filled:
(III) Avg. width of area to be filled:
(iv) Purpose of fill:
g. (i) Will the placement of the proposed bridge or culvert result in any
fill (other than excavated material described in Item d above) to
be placed on high -ground? [--]Yes ®No
If yes,
(11) Avg. length of area to be filled: _
(III) Avg. width of area to be filled:
(iv) Purpose of fill:
4. GENERAL
() Will the placement of the proposed bridge or culvert result In any
fill (other than excavated material described in Item d above) to
be placed within 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
(io Describe the purpose of the excavation in these areas:
The fill will be placed in wetlands for proposed
driveway.
a. Will the proposed project require the relocation of any existing b. Will the proposed project require the construction of any temporary
utility lines? [--]Yes ®No detour structures? Eyes ®No
If yes, explain: If yes, explain:
If this portion of the proposed project has already received
approval from local authorities, please attach a ropy of the
approval orcerthication.
< Form continues on back>

Form DCM MP-5 (Bridges and Culverts, Page 4 of 4)
c. Will the proposed project require any work channels? d.
❑Yes ®No
If yes, complete Form DCM-MP-2.
e. What type of construction equipment will be used (for example,
dragline, backhoe, or hydraulic dredge)?
Dump trucks and front end loader
g. Will the placement of the proposed bridge or culvert require any
shoreline stabilization? ❑Yes ®No
If yes, complete form MP-2, Section 3 for Shoreline
Stabilization only.
12/27/13
Date
Luby residence
Project Name
Doug Dorman for James Luby
Applicant Name
Appli Signature
How will excavated or fill material be kept on site and erosion
controlled?
Silt fence will be placed on either side of the proposed
driveway until side slopes of the drieway are
established.
f. Will wetlands be crossed in transporting equipment to project site?
❑Yes ®No
If yes, explain steps that will be taken to avoid or minimize
environmental impacts.
-DEC '30 2013
I.OPI �_•Lf �NI
� RECEIVED
a
JA N 2 3 ?014
' ACM-MHDCrrJr

.4 '
} NrtYa�(MN�e..Is[tu t. �';.!6 4'c�erpklr._'✓1!k%`f M!�I`Y.
1
EtDE'VED
DEC 30 2013
"awes►a.,zt:.i.�:�.ra•:..>�r�r•„a.-�.�.
IXEMPT
DARE COUNTY TAX
COLLECTOR
No. oQY)h` V
Prepared by: Christopher L. seawell
6 Return to: Attorney at Law
P. 0. Box 339
Manteo, NC 27954
NORTH CAROLINA
DARE COUNTY
B: 1940 P: 394 Doc Id: 6334162
09/10/2013 01 29 PM Receipt a 13-12103
000 Cede DEED/E
gan=1:a Mcnu,,an-Seith, Register et Deeoa Dare CO, K
6334162 61940 P' 394 Page I of 6 9/10/13 1:29 PM
milI114�►�khlihl��'i�41'ltii�',Y,���N�hI��I�KriWv� MINI
THIS DEED OF EASEMENT, made and 'e,,n'tqred tfiyo this the 4th day
of September, 2013, by and between ESTES and wife,
Imogene Estes, hereinafter ca ed parties the first part; and
HATTERAS BEACH HOUSE, LLC, a rth Carolina Limited Liability
Company, hereinafter called parts s f the second part.
W I T H :
WHEREAS, parties � th f st rt are owners of Lots 1 - 9
of Jademaca Subdivision, s a e s shown on map or plat duly
recorded in Map Book 5, Pa 4 re County Registry and modified
by Court Survey recor Cabinet C, Slide 56E, Dare County
Registry (the "Lots") and
WHEREAS, es first part are also owners of a
certain tract 1 and located north and adjacent to the
aforesaid �.o n emaca Subdivision, which property is
described n ec d in Hook 13?6, Page 105, Dare County
Registry; a
WHEtbdi
p es of the second part have acquired certain
propertyt adjoining and south of the aforesaid Lots in
Jademaca ion owned by parties of the first part from Robin
G. Rooksl Deed duly recorded in Book 1940 Page 339Dare C4ua trv; and
P4, parties of the second part have requested parties of
\p'art to grant an easement for vehicular access to
acquired by parties of the second part along a private
shown on the aforesaid plat of Jademaca Subdivision and
referenced Court Survey, and a portion of the L D
1
JAN 2 3 2014
�'M MHD CITY

by the parties of the first part, and parties of the first part
have agreed to do so.
NOW, THEREFORE, in consideration of the sum of one dollar
($1.00) and other valuable consideration, the receipt of which is
hereby acknowledged, parties of the first part do give, g t and
convey unto parties of the second part, their heirs, su ssors
and assigns, a right-of-way and easement for the�purposes
expressed herein and on the terms hereof along propert dee ed
in Exhibit "A" attached hereto, located in th illa f
Rodanthe, Hatteras Township, Dare County, North Car
The conveyance and use of this easement is s jec to the
following covenants and conditions: r�
1. This easement shall be used for ve culal� cce`ss; to and
from N.C. Highway 12 and the propfXkKines'
n by p ties of the
second part acquired in Deed recordoo Page 339 ,
Dare County Registry, for the bene fit
e s of the second
part, their heirs, successors and an shall not be used
for construction of any permanent es o utility devices,
including, but not limited to, wlectrical utility
cables and media (telephone, entertainitie , e ) cables, junction
boxes or other similar devices.
2. The parties of the se part, or their successors in
title, upon request of par the first part, or their
successors in title, shall r t aforesaid vehicular access
easement from the location dpso'p#e herein to provide vehicular
access at another loca£
second part, provided t
along the 10 Ft. Pri
Subdivision plat, as
area 10 feet in widt
line of the prppert3
relocated eas YY1I
property of h
The parties t e 1
designate t�, a
the relocat' n sha
part, or the cce;
from
�e operty of the parties of the
,6 ocated easement shall also be
as referenced on the Jademaca
herein, and also shall include an
�10 Ft. Private Drive to the north
erties of the second part and said
,npi/contain wetlands or terminate at the
-of/the second part at any wetland area.
part or their successors in title shall
v� the relocated easement but the cost of
at the expense of the party of the second
in title.
3. arkkes of the second part, or their heirs or
success Ln > le, agree to be responsible for any improvements
to the O Ft. ivate Drive as the parties of the second part or
their uec in title deem desirable or necessary and further
agr o a in the aforesaid 10 foot private drive in as good a
co do s of the date of the recordation of this Deed of
E e gggnt, cluding final grading or. other work necessary to
bres ,b� and maintain said 10 Ft. Private Drive.
Iv 2
6334162 0: 1940 P• 394 Page 2 of. 6 9/10/13 1:29 Ph
/1111���NbN�4rlff�'f�rl'�,+,�l�ly'rPiMft+Ia��,Wv� /1111

4. This vehicular access easement shall continue for the
benefit of the parties of the second part, their heirs and
assigns, for a period of eighteen (18) months from the date of
recordation of this Deed of Easement in the Dare County Public
Registry, whereupon this easement will automatically terminate,
unless same has been extended by recorded written agreement by
the parties hereto. t T
TO HAVE AND TO HOLD said right and easement to -h'e8,-�,id
parties of the second part and their heirs and succe i t e
on the terms hereof; it being agreed that the rig asem n
hereby granted in appurtenant to and runs with th and o 0
by parties of the second part and herein above red o, and
further subject to the right of parties of thefir , their
heirs, successors and assigns, who reserve t lso use
the aforesaid easement jointly with parties o the 2ton rt.
SIGNATURES ON
6334162 B: 1940 P: 394 Page 3 of 6 9/le/13 1:29 Pfl
all, Nl��F'alk4iW6;W,')V,k&fiW1,owl AR 11111

1
IN TESTIMONY WHEREOF, the parties hereto have set
and seals, the day and year first �a%bove written.
/ K ! � l ,/`"r/"'
STATE OF �7 Z�'a
COUNTY/CITY OF : a
I, a Notary Public of the aforesaid
certify that Jerry G. Estes and w'
personally. appeared before me and ac e"
the foregoing instrument. / /
Wit s my han and official
day of 2013.4
My Commission expires: \
NO►A1Y Public, blanuson County, Ge ra D
�y u esll�aiExxp"er�ay-23, 2 t
4
or s
their hands
ty)d te, do
execution of
, this the 5
6334162 9: 1940 P: 394 Page 4 of 6 9/19/13 1:29 PM
®Ilf 1��11�11�1f1a�ti'4��'b1��KL4�Jd��lLltit'L�uI�GW� �I llf

IN TESTIMONY WHEREOF, the parties hereto have set their hands
and seals, the day and year first above written.
wr
ERAS BYACH 69SE. LLC
BY:
,
BY:
STATE OF A/ R-jh C AKgi n4 �J
COUNTY/CITY OF r r
I, a Notary Public of the aforesaid jonty d te, do
certify that James J. Luby, Sr. and wi aLu personally
appeared before me and acknowledged t cuhe foregoing
instrument.
Witness my hand and official s or st this the
day of Aujusl- 2013.
Not .Public
My mmission expires:
31.d
D;``'p�OVX Hqy,,
o NXOTAAPL
U
.,�",",cqu*4191#'o,,�
RECEIVED
JAN 2 3 2014
DCbf--MUD CITY
5
6334162 9: 1940 P: 394 Page 5 of 6 9/10/13 1:29 PA
Bill W11R9?1110 L4h11,16IVIf APPM11400 W 11111

EXHIBIT "A"
A non-exclusive easement along that certain road designated as "10
Ft. Private Drive", as shown on the map or plat entitled
"Jademaca, Village of Rodanthe, Kinnakeet Township, Dare ounty,
North Carolina", prepared by Kermit R. Sinclair on Septeer 9,
1972 and recorded in Map Book 5, Page 74, Public Registry Dare
County and modified in that Court Survey recorded in Plat C net
C, Slide 56 E,Public Registry of, Dare County. Thi a nt
shall be from the East margin or right-of-way of N. �ghw 2
in a Easterly direction to the Western boundary off 11s sh
on the aforesaid Jademaca Subdivision plat.
There is also an additional easement along 10 f serlp from
the aforesaid 10 Ft. Private Drive ref e bove o the North
line of the property owned by the par f th part, which
is more particularly described as fol ws:
BEGINNING at the Northeast corner Lot 4� s shown on that
'
certain map or plat of the Jademaca u ivi n recorded in Map
Book 5, Page 74, Dare County Registry, m ified in that Court
Survey recorded in Plat Ca t C, Slide 56 E, Dare County
Registry; thence along the East a of the aforesaid Lot 4 South
13 deg. 30 min. West 58 feet to th line of property owned
by the parties of the second �t%&�ec e along the North line of
property owned by parties o rid part, South 76 deg. 30
min. East 10 feet to a oint• t e rth 13 deg. 30 min. East 58
feet to a point in the�o t e f the aforesaid Lot 4; thence
along the North line of e of r d Lot 4 South 76 deg. 30 min.
East 10 feet to the poig R1 e.of beginning.
The purpose
Highway 12
on the Jade
a 10 foot e
Easternmost
Southerly c
second part
niene is to provide access to and from N.C.
r on of the 10 Ft. Private Drive as shown
on plat, as described herein, and further
foresaid 10 Ft. Private Drive along the
Lot 4 of the Jademaca Subdivision in a
the property owned by the parties of the
be for the purpose of providing vehicular
the conditions and only for so long as set
Easement.
6334162 6: 1940 P: 394 Page 6 of 6 9/10/23 1:29 PM
0111NFAIMNIVAIk' IMPAVIAWBill U& 11111

LIMITED LIABILITY COMPANY
Q " _ ANNUAL REPORT
e
NAME OF LIN[ITED LIABILrI'Y COMPANY: Hatteras Beach House, LLC
REPORT FOR THE YEAR: 2013
SECRETARY OF STATE L.L.C. ID NUMBER: 1252395
NATURE OF BUSINESS: Future Investment Property
REGISTERED AGENT: Merrell, Dan L
REGISTERED OFFICE MAILING ADDRESS: P.O. Drawer 270
Kitty Hawk; NC 27949
E-Filed Annual Report
9967475
Do not data enter manually.
STATE OF INCORPORATION: NC
REGISTERED OFFICE STREET ADDRESS: 5108 N. Croatan Hwy., Suite 200
Kitty Hawk NC 27949 Dare County
PRINCIPAL OFFICE TELEPHONE NUMBER: 570-842-8778
PRINCIPAL OFFICE MAILING ADDRESS: 195 Maple Lake Road
Spring Brook Twp., PA 18444
PRINCIPAL OFFICE STREET ADDRESS:
MANAGERS/MEMBERS/ORGANIZERS:
Name: Sandra J. Luby
Title: Manager
Address:
195 Maple Lake Road
Spring Brook Twp., PA 18444
Name: James J. Luby Jr.
Title: Member
Address:
195 Maple Lake Road
Spring Brook Twp., PA 18444
195 Maple Lake Road
Spring Brook Twp, PA 18444
Name: James J. Luby Sr.
Title: Member
Address:
195 Maple Lake Road
Spring Brook Twp., PA 18444
t'Mal E0
'AN 2 g 2014
DChf.7yaDCrj.y
Name: Tiffany M Luby
Tide: Member
Address:
195 Maple Lake Road
Spring Brook Twp., PA 18444
OF ANNUAL REPORT MUST BE COMPLETED BY ALL LIN[ITED LIABILITY COMPANIES
Sandra J. Luby
FORM MUST BE SIGNED BY A MANAGER&W BER
Sandra J. Luby
4/4/2013
DATE
Manager
TYPE OR PRINT NAME TYPE OR PRINT TITLE
ANNUAL REPORT FEE: &Paid MAIL TO: Secretary of State • Corporations Division • Post Office Box 29525 • Raleigh, NC 27626-0525

North Carolina Secretary of State
Page 1 of,
Account Login Register
North Carolina
Elaine F Marshall DEPART ENT OFTHE
Secretary SECRETARY OF STATE
PC Box 29822 Raleigh, NC 27626-0622 [phone]
Date: 1 /15/2014
Click here to:
View Document Filings I File an Annual Report
Print a Pre -populated Annual Report Fillable PDF Form I Amend A Previous Annual Report
Corporation Names
Name Name Type
NC HATTERAS BEACH HOUSE, LLC LEGAL
Limited Liability Company Information
SOSID:
1252395
Status:
Current -Active
Effective Date:
3/30/2012
Citizenship:
DOMESTIC
State of Inc.:
NC
Duration:
PERPETUAL
Annual Report Status:
CURRENT
Registered Agent
Name:
DAN L
206
Mailing Address: P.O. DRAWER 270
KITTY HAWK NC 27949
Principal Office
Office Address 195,MAFLE LAKE ROAD
SPRINGTBROOKNVP�PA18444 .
Mailing Address: 195 MAPLE LAKE ROAD
SPRING BROOK TWP. PA 18444
Officers/Company Officials
Title: MEMBER
Name: JAMES J. LUBY SR.
Business Address: 195 MAPLE LAKE ROAD
SPRING BROOK TWP. PA 18444
http://w,rw.secretary.state.iic.us/corporations/Corp.aspx?PitemId=9967475 1/15/201,

01/27/2014 08:52
2523314739
NCDOT
PAGE 01/01
Pat McCrory
Governor
NC® NR
North Carolina Department of Environment and Natural
Division of Coastal Management
Braxton C. Davis
Director
January 15, 2014
MEMORANDUM
TO:
FROM:
SUBJECT:
Applicant:
Project Location:
Resources
John E. Skvarla, III
Secretary
Ken Pace F-'V IER E
NC DOT, State Construction/Materials branch ; ;V V
Daniel Govoni 1�,( r 0
Assistant Major Permits Coordinator
CAMA Permit Application Review
James Ruby
MI
MI CT D, ,
0 Sudie Payne Road in Rodandie, Date County
Proposed Project: Construct a driveway/access road through 404 wetlands to access home
Please indicate below your agency's position or viewpoint on the proposed project and ret<im this
form by 02/05/14 to 400 Commerce Avenue Morehead City, NC 28557 (fax: [phone]),
1£ you have any questions regarding the proposed project, please contact Kelly Russell at (252)
264-3901. When appropriate, in-depth comments with supporting data are requested.
REPLY: This office has no objection to the project as proposed.
This office bas no comment on the proposed project.
This office approves of the project only if the recommended changes are
incorporated. See attached.
This office objects to the project for reasons described in the attached
comments.
SIGNED /"9�i cJ cxc�P DATE pflz- ZP7-01-Y
1367 US 17 South, Elizabeth My, NC 27909
Phone; 252-264-39011 FAX: [phone] ; Internet; www.nccoastalmsnagementnet
An Equal Opportunity 1 Athrmative Action Employer

/� AEC HAZARD NOTICE
Project Is In An: / Ocean Erodible Area High Hazard Flood Area Inlet Hazard Area
Property Owner:
Property Address: 233 ..JODE 19�f2,t� 29G52
Date Lot Was Platted: /2//�
This notice is intended to make you, the applicant, aware of the
special risks and conditions associated with development in this
area, which is subject to natural hazards such as storms, erosion
and currents. The rules of the Coastal Resources Commission
require thatyou receive anAPC Hazard Notice and acknowledge
that notice in writing before a permit for development can be
issued.
The Commission's rates on building standards, oceanfront
setbacks and dune alterations are designed to minimize, but not
eliminate, property loss from hazards. By granting permits, the
Coastal Resources Commission does not guarantee the safety of
the development and assumes no liability for fiuure damage to
the development. Permits issued in the Ocean Ilazard Area of
Environmental Conceni include the condition that structures be
relocated or dismantled if they become imminently threatened by
changes in shoreline configuration. The structure(s) must be
relocated or dismantled within two (2) years of becoming
imminently threatened, and in any case upon its collapse or
subsidence.
The hest available information, as accepted by the Coastal
Resources Commission, indicates that the annual tong -term
average ocean erosion rate for the area where your property is
located isfeet per year.
The rate was established by careful analysis of aerial photographs
of the coastline taken over the past 50 years.
Studies also indicate that the shoreline could move as much as
feet landward in a major storm.
The flood waters in a major storm are predicted to be about
feet deep in this area.
Preferred oceanfrontprotection measures are beach nourishment
and relocation of threatened structures. Hard erosion control
structures such as bulkheads, seawalls, revetments, groins, jetties
and breakwaters are prohibited. Temporary sand bags may be
authorized under certain conditions.
The applicant must acknowledge this information and requirements
by signing this notice in the space below. Without the proper
signature, the application will not be complete.
SPECIAL NOTE: This bazardnotice isrequired for development
in areas subject to sudden and massive storms and erosion. Permits
issued for development in this area expire on December 31 of tl.e
third year following the year in which the permit was issued.
Shortly before work begins on the project site, the Local Permit
Officer must be contacted to determine the vegetation line and
setback distance at your site. Ifthe property has seen little change
since the time of permit issuance, and the proposed development
can still meet the setback requirement, the L.PO wil l inform. you
that you may begin work. Substantial progress on the project
trust be made within 60 days of this setback determination, or
the setback must be remeasured. Also, the occurrence of a major
shoreline change as the result of a storm within the 60-day period
will necessitate remeasurement of the setback. It is important
that you cheek with the LPO before the permitexpires for official
approval to continue the work after the permit has expired.
Generally, if foundation pilings have been placed and substantial
progress is continuing, permit renewal can be authorized. it is
unlawful to continue work after pennitexpiration.
For more information, contact. -
Local Permit Ofiic r
Po Cep/ova—r�n�T�
Address
Locality
Phone Number
AppfiddMinature Pate
Revised 210;

DEC 30 2013
PROJECT NARRATIVE
CAMA MAJOR PERMIT —Luby Residence
Rodanthe, Dare County
December 27, •2013
LOCATION OF PROJECT:
The proposed project is located on the oceanfront in a residentially Qeveloped area. The subject
property is located adjacent to Sudie Payne Road off NC 12, located at approximate latitude
35035'52"N and longitude 7502748"W, adjacent to the Atlantic Ocean, in Rodanthe, Dare County,
North Carolina.
SUBJECT SITE PROPOSED FOR DEVELOPMENT:
The 4.31,acre subject site is an oceanfront property comprised of 1.59 acres of uplands and 2.72
acres of U.S. Army Corp of Engineers (USAGE) jurisdictional Section 404 wetlands. The USACE
Section 404 wetlands within the 4.31 acre subject property were delineated by Atlantic
Environmental Consultants, LLC and confirmed by the U.S. Army Corp of Engineers, Josh
Pelletier on August 7, 2013. Currently there is a relocated residential house on the subject
property with a conventional septic system and Dare County public water supply.
PROJECT DESCRIPTION:
This CAMA major application is being prepared for the construction of a driveway through
USACE Section 404 wetlands in the Ocean Area of Environmental Concern (AEC). The
proposed driveway fill is approximately 610' x 16' and will affect 9,566 s.f. (0.22 acres) of Section
404 wetlands, an 18' x 12" pvc corrugated pipe will be installed in the existing ditch. Priorto any
fill activities, silt fence will be installed on both sides of the proposed driveway to prevent fill from
entering adjacent Section 404 wetlands during construction. Silt fence will be maintained and
kept in place until the side slopes of the driveway are stabilized. Impervious surfaces proposed
for the subject property include the gravel access driveway and parking area, totaling 9,975 s.f. of
Impervious surfaces.
PURPOSE OF THE PROJECT:
The purpose for the proposed fill activity is to allow the property owner to gain access to the
existing house and upland portion of the property. The subject property has deeded access to
the east side of Lot 12 on Sudie Payne Road and at the point where it becomes private property.
To avoid wetland impacts, the subject property owner approached the adjacent property owners
on either side of his property, to request permanent access to the upland area on his property,
however, the adjacent property owners are not willing to grant any access, and therefore he is
forced to access the property through Section 404 wetlands.
TOTAL PROPOSED 404 WETLAND FILL WITHIN 510' OCEAN AEC:
Driveway....... :........................................................................................ 2,940 s.f.
SECTION 404 WETLAND IMPACTS:
Impacts proposed In USACE jurisdictional wetlands............................0.22 ac.
WETLAND IMPACTS:
No Impacts proposed within coastal wetlands for the proposed project.
UPLAND DISTURBANCE:
Gravel driveway and parking................................................................3,685 s.f.
WETLAND MITIGATION:
Proposed wetland mitigation will include a conservation easement at a 10:1 ratio.

AM
CCD ., R
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory Braxton C. Davis
Governor Director
January14, 2014
Mr. Doug Dorman
Atlantic Environmental Consultants, LLC
P.O. Box 3266
Kitty Hawk; NC 27949
Dear Doug:
John E. Skvarla, III
Secretary
The NC Division of Coastal Management hereby acknowledges receipt. of the
application submitted on behalf of James Luby for State approval for development of
property located on Sudie Payne Road in Rodanthe, Dare County. It was received
complete. on January 14, 2014, and appears to be adequate for processing at this time.
The projected deadline for making a decision is March 30, 2014. 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 January 14, 2014,
you and your client 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.
1367 US 17 South, Elizabeth City, NC 27909
Phone: [phone] FAX: [phone] ; Internet: www.ncooastaimanagement.net
An Equal Opportunity 1 Affirmative Action Employer

Mr. Doug Dorman
Atlantic Environmental Consultants, LLC
January 14, 2014
Page 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. notify me in writing if you wish to receive a copy of Kelly Russell's
field report and/or comments from reviewing agencies.
Sincerely,
?/nZgs
Frank Je
District Manager, Northeast District
FJ/yc
Enclosure
cc: Daniel Govoni, Assistant Major Permits. Coordinator, DCM, Morehead City, NC
Kelly Russell, Field Representative, DCM, Elizabeth City, NC
James Luby, Applicant, Spring Brook Township, PA

LAMA PERMIT
APPLIES
FOR
3,C& 15 Sd. Fr. a.A "PLAsAW Fi e-iLED
COMMENTS ACCEPTED THROUGH P_ A a // r
APPLICANT:
YAt Es 4.k13Y
17 S MAPLE cAKE 14D.
5?RiAG irg%wC-outwism, .
PA jgyYY;,S9o-3si- *3
FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
1 {(EccY � ussEc.�
7�V. oF GaAS'iRt M1 GT'
/3�7 us Nwy e? S.
EcuzAserg c.ry N L tj
252-2<+4-SIP t r-tom.233

RC-5E _ R,
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory Braxton C: Davis
Governor Director
EMAIL MEMORANDUM
TO: Susan Simpson
The Coastland Times
Manteo, NC 27954
Iegals(cDthecoastlandtimes.net
FROM: Yvonne Carver for Kelly Russell
DATE: 01/15/2014
SUBJECT: Public Notice: James Luby
John E. Skvarla, III
Secretary
Please publish the attached Notice in the Sunday, January 19, 2014 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: Daniel Govoni, Assistant Major Permits Coordinator, DCM; Morehead City
Michele Walker, PIC, DCM, Raleigh
Melissa Sebastian, Accounts, Payable, DCM, Morehead City
File
1367, US 17 South, Elizabeth City, NC 27909
Phone: [phone] FAX: [phone]; Internet; www.n000astalmariagement.net
An Equal Opportunity 1 Affirmallve Action Employer

NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
NCDENk hereby gives public . nbtice as required by NC'GS 113A-119(b) that
application for a development permit in an AEC as desigplated under the CAMA was
received on 01/14/14. James Luby proposes to construct a driveway/access road
through 404 wetlands to access a home relocated to 0 Sudie Payne Road in Rodanthe,
Dare County.
A copy of the entire application may be reviewed at the office of the Division of
Coastal Management, located at 1367 US 17 South, 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 02/08/14, 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, January 19, 2014

MAJOR PERMIT FEE MATRIX
AiDWicant: .�AMcS 4-In 1`5 Z
Selection
Development Type
Fee
DCM %
DWQ %
(14300 16014351000931626 6253)
(24300 1602 435100095 2341)
I. Private, non-commercial
development that does not
$250
100% ($250).''
00% ($0)
involve the filling or
excavation of any wetlands
or open water areas:
II. Public or commercial .
development that does, not
$400
100%. ($400)
0% ($0)
involve the,filling or
excavation of any wetlands
or o en water.areas:
III. For development that
involves the filling and/or .
excavation of up to 1 acre
of wetlands and/or open
water areas, determine if A,.
, C, or D below applies:
III(A). Private, non-
commercial development, if
$250
100% ($250)
0% ($0)
General Water Quality
PB
Certification No. 3490 (See
attached) can be applied:
III(B). Public or commercial
development, if General
$400
100% ($400)
0% ($0)
Water Quality Certification
No. 3490 (See attached)
can be applied:
III(C). If General Water
Quality Certification No.
$400
60% ($240)
40% ($160)
3490 (see attached) could
be applied; but DCM staff
determined that additional
review and written DWQ
concurrence is needed
because of concerns
related to water quality or
aquatic life:
III(D). If General Water
Quality Certification No.
60% ($240)
40% ($160)
3490 (see attached) cannot
be applied:
H$475
IV. For development that
El
involves the filling and/or
60% ($285)
40% ($190)
excavation of more than
one acre of wetlands and/or
open water areas:

complete items 1. 2,
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ATLANTIC ENVERONMENTAL CONSULTANTS =-LLC.
P.O. Box 3266, Kitty Hawk, NC 2794 ......- -
[phone] Phone/fax
orr, 30 2013
December 27, 2013
RETURN RECEIPT REQUESTED
Jerry Estes
PO Box 74
Tallapoosa, GA 30176
RE: Adjacent riparian property notification - Luby Residence
Rodanthe, Dare County
Dear Mr. Estes,
This letter is with reference to the enclosed CAMA Major Permit application for James Luby
who owns property adjacent to yours on the Atlantic Ocean in Rodanthe, Dare County, North
Carolina. The Owners are proposing to construct a driveway in the Ocean Area of
Environmental Concern. The purpose for the proposed activity is to allow access to the existing
house and upland portion of the property.
As the adjacent riparian property owner to the aforementioned project it is required to notify you
of the development in order to give you the opportunity to comment on the project. Please
review the project drawing and application.
Should you have any objections or comments concerning this project, please send your written
comments to Frank Jennings, District Manager, Elizabeth City Regional Office, 1367 US 17
South, Elizabeth City, NC 27909, within 30 days of your receipt of this notice. Such Comments
will be considered by the department in reaching a final decision on the application. No
comments within 30 days of your receipt of this notice will be considered as no objection. If you
have any questions on this project please call me at 252-261-7707.
Sincerely,
Doug or an
Atlantic Environmental Consultants, LLC

ATLANTIC ENVIRONMENTAL CONSULTANTS-,;LLC-
P.O. Boa 3266, Kitty Hawk, NC 27949 1
[phone] Phonelfaa I i.___..._......... ..._...._.
"- 3 0 M3
December 27, 2013
CERTIFIED Me�IL_
RETURN RECEIPT REOUESTED
Robert Segelken
59 Samsondale Avenue
West Haverstraw, NY 10993
RE: Adjacent riparian property notification — Luby Residence
Rodanhe, Dare County
Dear Mr. Segelken,
This letter is with reference to the enclosed.CAMA Major Permit application for James Luby
who owns property adjacent to yours on the Atlantic Ocean in Rodanthe, Dare County, North
Carolina. The Owners are proposing to construct a driveway in the Ocean Area of
Environmental Concern. The purpose for the proposed activity is to allow access to the existing
house and upland portion of the property.
As the adjacent riparian property owner to the aforementioned project it is required to notify you
of the development in order to give you the opportunity to comment on the project. Please
review the project drawing and application.
Should you have any objections or comments concerning this project, please send your written
comments to Frank Jennings, District Manager, Elizabeth City Regional Office, 1367 US 17
South, Elizabeth City, NC 27909, within 30 days of your receipt of this notice. Such Comments
will be considered by the department in reaching a final decision on the application. No
comments within 30 days of your receipt of this notice will be considered as no objection. If you
have any questions on this project please call me at 252-261-7707.
Sincerely,
_ _ Z�
DoH' o an
Atlantic Environmental Consultants, LLC

� ..� : S ' 1'mY+nnMfxa7Nv:<yaa+tei.uavR'sevutltlk�.i.ev+er•. .
1. _.
6. 1940 P: 394 Doc Id: 6334162
09110/2013 01:29 PM Receipt M: 13-12103
e Doo Coda: DEED/E
Vanzolla McMurran-Smith. Register of Deada Bare CO, NC
9: 1940 P: 394
.EXEMPT -
DARE COUNTY TAX
COLLECTOR
NO. 'oIgy)r ` V�
Prepared by: Christopher L. Seawall
E Return to: Attorney at Law
P. 0. Box 339
Manteo, NC 27954
NORTH CAROLINA
DARE COUNTY
THIS DEED OF EASEMENT, made and 4
of September, 2013, by and between
Imogene Estes, hereinafter cakled pax
HATTERAS BEACH HOUSE, LLC, a rth
Company, hereinafter called parts i
9/10/13 1:29 PM
WROW of III
eyed ' o this the 4th day
ESTES and wife,
ies the first part; and
Carolina Limited Liability
the second part.
W I TH
WHEREAS, parties 0 th rt are owners of Lots 1 - 9
of Jademaca Subdivision, s shown on map or plat duly
recorded in Map Book 5, Pa�,�44�,re County Registry and modified
by Court Survey recordnCabinet C, Slide 56E, Dare County
Registry (the "Lots"),(and
WHEREAS, es first part are also owners of a
certain tract o and located north and adjacent to the
aforesaid t n emaca Subdivision, which property is
described 'n ec d in Book 1376, Page 105, Dare County
Registry; a
WHEREA p es of the second part have acquired certain
property t adjoining and south of the aforesaid Lots in
Jademaca bdi ion owned by parties of the first part from Robin
G. Rooks t al Deed duly recorded in Book 1940 , Page 339 ,
Dare CQun v e trv; and
Qk , parties of the second part have requested parties of
art to grant an easement for vehicular access to
acquired by parties of the second part along a private
shown on the aforesaid plat of Jademaca Subdivision and
referenced Court Survey, and a portion of the Lots owned
1

...........
by the parties of the first part, and parties of the first part
have agreed to do so.
NOW, THEREFORE, in consideration of the sum of one dollar
($1.00) and.other valuable consideration, the receipt of which
is
hereby acknowledged, parties of the first part do give, g t and
convey unto parties of the second part, their heirs, su sors
and assigns, a right-of-way and easement.,,for th pu sea
expressed herein and on the terms hereof alontj proper a ed
in Exhibit "A" attached hereto, located in th 11 f
Rodanthe, Hatteras Township, Dare County, North.Car
The conveyance and use of this easement is s jec to the
following covenants and conditions: r1
1. This easement shall be used for ve cula ccda* to and
from N.C. Highway 12 and the pro
pert n by p ties of the
second part acquired in Deed records oo Page 339 ,
Dare County Registry, for the benefi f the s of the second
part, their heirs, successors and s igns an shall not be used
for construction of any permanent s uctures o utility devices,
including, but not limited to, wa ines, lectrical utility
cables and media (telephone, entertain , e ), cables, junction
boxes or other similar device .
2. The parties of the se part, or their successors in
title, upon request of par the first part, or their
successors in title, shall r t aforesaid vehicular access
easement from the location s�e herein to provide vehicular
access at another location a operty of the parties of the
second part, provided th sa ocated easement shall also be
along the 10 Ft. Prir as referenced on the Jademaca
Subdivision plat, as va I erein, and also shall include an
area 10 feet in widt from 1 10 Ft. Private Drive to the north
line of the pr rty f th4 parties of the second part and said
relocated ea s h contain wetlands or terminate at the
property of t' the second part at any wetland area.
The parties a part or their successors in title shall
designate h a 'on the relocated easement but the cost of
the relocat sha e`at the expense of the party of the second
part, or th cce rs in title.
3. asrtRes of the second part, or their heirs or
success in i le, agree to be responsible for any improvements
to the 0 Ft. ivate Drive as the parties of the second part or
their u in title deem desirable or necessary and further
agr o a' in the aforesaid 10 foot private drive in as good a
co do s of the date of the recordation of this Deed of
E e nt, cluding final grading or other work necessary to
bras and of
said 10 Ft. Private Drive.
2
oil, �1��r 4�i, �� r9 ,+PNl�IUffiII IgJV#,JW 11111

4. This vehicular access easement shall continue for the
benefit of the parties of the second part, their heirs and
assigns, for a period of eighteen,(18) months from ,the date of
recordation of this Deed of Easement in the Dare County Public
Registry, whereupon this easement will automatically terminate,
unless same has been extended• by recorded written agree r�2i nt by
the parties hereto.
TO HAVE AND TO HOLD said right and easement to ate t), . id
parties.of the second part and their heirs and succe n t e
on the terms hereof; it being agreed that the rig asem n
hereby grapted in appurtenant to and runs with th and o ow
by parties of the second part and herein above red o, and
further subject to the right of parties of the , their
heirs, successors and assigns, who reserve t lso use
the aforesaid easement jointly with parties o the on rt.
SIGNATURES ON
IIII1101,}l��f W j 394
hY��ILAW11�i4YYiititl�'11k, 1IIII

IN TESTIMONY WHEREOF, the parties hereto have set their hands
and seals, the day and year first above written.
FilK'� �'i/"' ,ecnr
STATE OF ,r4 �9/ ,.
COUNTY/CITY OF
I, a. Notary Public of the aforesaid
certify that Jerry G. Estes and w'
personally appeared before me and a r}e
the foregoing instrument. /
Wit s my ,a and official spa Or
day of 2013.0 \\
My Commission expires: \
P„�,G" D
ref may 31
� :.nnsnpipe'r V
Y t}T �.f'rbirr
.m
this the 5 441

IN JESTIMONY.WHEREOF, the parties hereto have set their hands
and seals, the day and year first above written.
STATE OF _AloR,RA g.QR '-AQ
COUNTY/CITY OF re
I, a Notary Public of the aforesaid
certify that James J. Luby, Sr. and wi
appeared before me and acknowledged t� instrument.
Witness my hand and official sl�or
day of AyAusl- , 2013. \
ate, do
personally
foregoing
, this the o? /SF
Not Public
' My mmission expires:
O< �`,.P�0, A. Nqy p
. O l 0TAq!. oo
0<\
O G AJS L%
y9
9 of 9 9/10/13 1:29 PM
1"PHIMAN 11111

EXHIBIT "A"
A non-exclusive easement along that certain road designated as "10
Ft. Private Drive", as shown on the map or plat entitled
"Jademaca, .Village of Rodanthe, Kinnakeet Township, Dare ounty,
North Carolina", prepared by Kermit R. Sinclair on Sept er 9,
1972 and recorded in Map Book 5, Page 74, Public Registry Dare
County and modified in that Court Survey recoTrded in P C net
C, Slide 56 E, Public Registry of Dare County. Thi a nt
shall be from the East margin or right-of-way of N ghw 2
in a Easterly direction to the Western boundary of s sho
on the aforesaid Jademaca Subdivision plat.
There is also an additional easement along 10 f4 swp from
the aforesaid 10 Ft. Private Drive ref a bove o the North
line of the property owned by the par f th part, which
is more particularly described as fol ws:
BEGINNING at the Northeast corner Lot 4 s shown on that
certain map or plat of the Jademaca u ivi n recorded in Map
Book 5, Page 74, Dare County Registry, ified in that Court
Survey recorded in Plat Cab It C, Slide 56 E, Dare County
Registry; thence along the East a of the aforesaid Lot 4 South
13 deg. 30 min. West 58 feet to a orth line of property owned
by the parties of the second a ce along the North line of
property owned by parties o ec d part, South 76 deg. 30
min. East 10 feet to a oint• t rth 13 deg. 30 min. East 58
feet to a point in theo t e the aforesaid Lot 4; thence
along the North line of a of d Lot 4 South 76 deg. 30 min.
East 10 feet to the poi 1 of beginning.
The purpose of i a s to provide access to and from N.C.
Highway 12 a or on of the 10 Ft. Private Drive as shown
on the Jade a S di s'on plat, as described herein, and further
a 10 foot r the aforesaid 10 Ft. Private Drive along the
Easternmost 0 fee Lot 4 of the Jademaca Subdivision in a
Southerly di n t the property owned by the parties of the
second par .
This ea a ent all be for the purpose 'of providing vehicular
access b t only nder the conditions and only for so long as set
out ia—khi of Easement.
0334162 9: 194�0 uP1: 394 Page 6.of 6 9/10113 1:M PM

ANNUALREPORT
NAME OF LIMITED LIABILITY COMPANY: Hatteras Beach House, LLC
'REPORT FOR THE YEAR: 2013
SECRETARY OF STATE L.L.C. ID NUMBER: 1252395
NATURE OF BUSINESS: Future Investment Property
REGISTERED AGENT: Merrell, Dan L
REGISTERED OFFICE MAILING ADDRESS: P.O. Drawer 270
N Kitty Hawk, NC 27949
&Filed Annual Report
9967475
Do not data enter manually.
STATE OF INCORPORATION: NC
REGISTERED OFFICE STREET ADDRESS: 5108 N. Croatan Hwy., Suite 200
Kitty Hawk,. NC 27949 Dare County
PRINCIPAL OFFICE TELEPHONE NUMBER: 570-842-8778
PRINCIPAL OFFICE MAILING ADDRESS:
PRINCIPAL OFFICE STREET ADDRESS:
MANAGERS/MEMBERS/ORGANIZERS:
Name: Sandra J. Luby
Title: Manager
Address:
195 Maple Lake Road
Spring Brook Twp., PA 18444
Name: James J. Luby Jr.
Title: Member
Address:
195 Maple Lake Road
SprineBrook Twp., PA 18444
195 Maple Lake Road
Spring Brook7ivp., PA 18444
195 Maple Lake Road
Spring Brook Twp, PA 18444
Name: James J. Luby Sr.
Title: Member
Address:
195 Maple Lake Road
Spring Brook Twp., PA 18444
Name: Tiffany M Luby
Title: Member
Address:
195 Maple Lake Road
Spring Brook Twp., PA 18444
CERTIFICATION OF ANNUAL REPORT MUST BE COMPLETED BY ALL LIMITED LIABILITY COMPANIES
Sandra J. Luby
FORM MUST BE SIGNED BY A MANAGER/MMMER
Sandra J. Luby
4/4/2013
DATE
Manager
TYPE OR PRINT NAME TYPE OR PRINT TITLE
ANNUAL REPORT PEE: E-Paid MAIL TO: Secretary of State • Corporations Division • Past Office Box 29525 • Raleigh, NC 27626-0525

North Carolina Secretary of State
Page 1 of:
Account Login Register .
North Carolina
Elaine F Marshall EF'ARTMENT OF.THE;
Secretary ECRETARY OF STATE
PO 80z 29622 Raleigh, NC 27626-0622 i990 807-2000
Date: 1 /15/2014
Click here to:
View Document Filings I File an Annual Report
nx Print a Pre -populated Annual Report Fillable PDF Form I Amend A Previous Annual Report
Corporation Names .
Name Name Type
NC HATTERAS BEACH HOUSE, LLC LEGAL
Limited Liability Company Information
SOSID:
1252395
Status:
Current -Active
Effective Date:
3/30/2012
Citizenship:
DOMESTIC
State of Inc.:
NC
Duration:
PERPETUAL
Annual Report Status:
CURRENT
Registered Agent
Mailing Address: P.O. DRAWER 270
KITTY HAWK NC 27949
Principal Office
Mailing Address:
Officers/Company Officials
195 MAPLE LAKE ROAD
SPRING BROOK TWP. PA 18444
Title: MEMBER
Name: JAMES J. LUBY SR.
Business Address: 195 MAPLE LAKE ROAD
SPRING BROOK TWP. PA 18444
http://www.secretary.state.nc.us/corporations/Corp.aspx?PitemId=9967475 1/15/2011

DEC 30 2013
James Luby
195 Maple Lake Road
Spring Brook TWP, PA 18444 ' _.,........,_. ,....._........._ ..,"....... ,;;,>�
I, authorize Doug Dorman of Atlantic Environmental Consultants, LLC (AEC)
to act on my behalf as. my agent in the processing of applications and to
furnish, upon request, supplemental information In support of the permit
application.
AUTHORIZATION
SIGN TUR DA
Ii
I

***This is a word.processing form to be completed in Microsoft Word"* .. .
NC Division of Coastal Management
Major Permit Application Computer Shoot
M-1w01{2012)
Applicant., k
I Date: Q I I
Project Site County .
staff.,
c C e I
111 J
District: Elizabeth City ❑Washington
Morehead City ❑Wilmington
Project Name: pia
r'
RoverFtle: ;
SITE DESCRIPTIONIPERMIT INFORMATION .
PNA: Yes No
Photos Taken: Yes 0 No❑ -
Setback Required (ripaden): El No
Critical Habitats U Yes No ❑Not Sure
15 foot waiver obtained., ❑Yes No
Hazard N tlflcation Returned,.
❑Yes No
SA V.• 0 Yes ONO PNot Sure
Shell Bottom: []Yes NNo ❑ Not Sure
Temporary Impacts: El Yes No `
Sandbags: ❑ Yes No U Not Sure
Did the land u e classification come from
county LUP: Yes []No:
Mitigation Required (optional):
[]Yes ❑No
Moratorium Conditions: El Yes No
❑NA
Environm pntal Assessment Done:
El Yes PNo❑NA:
SECONDARY WATER CLASSIFICATION— OPTIONAL (choose MAX of 4) .
❑ Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) ❑ Swamp Waters (S W)
❑ High Quality Waters (HOW) ❑ Outstanding Resource Waters (ORM
WETLANDS IMPACTED
(404) Corp. of Engineers (Jurisdictional
❑ (LS) Sea lavender (Limonium sp.)
(SS) Glasswod ( Salicomia sp.)
e ands)
El (CJ) Saw gross (Cladlumlamalcense)
❑ (SA) Salt marsh cordgrass (Spading
(SY) Salt reed grass (Spadlna
altemiflora)
cynosurotdes)
❑ PS) Salt or spike gross (Disfichlis
($C) Bullmsh or three square.(Scirpus
L1 (TY).Cattail (Typha sp.)
spicata)
sp.)
(JR) Black neodlerush (Juncus .:
(SP) Salt(meadow grass (Spadina
roamsdanus)
patens) .
APPLICATION FEE. ,
❑ No fee required - $0.00
❑ 111(A) Private w/D&F up to:1 acre; 3490
fll(D) Priv. public or comet w/D&F to 1
can be applied - $250
ac ,• 3490 can't be applied - $400
Minor Modircation to a CAMA Major
❑ Major Modification to a CA MA MaJor
❑ IV Any development Involving D&F of
permit - $100
permi -.$250
more than 1 acre - $475
El Permit Transfer- $100
I(B)Public or commercial w/D&F to 1
Express Permit - $2000
3490 can be applied - $400
❑ Major development extension Wquest-
El 11.Publicorcommeroial/nodredge
$100
and/or rill - $400 .
1. Private no dredge and/or fill- $250
❑ M(C) Priv. publidorcomm w/D&F to 1
acre; 3490 can be applied; DCM needs.
DWQ agreement
252-808-2808 :: 1.8884RCOAST :: wwwmcconstalmanaae:nent.net revised: Nov. 2012

NC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3)
Applicant \
Date:
Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of
measurement found in yourActivitiescode shoot.
TYPE
REPLACE'
ActivityName
Number.
C oo e
Choose
'Dimension 1
Dimension 2 .
Dimension 3
Dimension 4
�•
�J
New Work IN
Repla
jrDL�
Maint ❑
❑ Y. N
I r'.
•
_
New Work Lj.
Replace
�,.
Maint ❑ .
❑ Y [IN
-
New Work ❑
Replace
Malnt❑
❑Y❑N
New Work 0
Replace
-
Maint❑
❑Y❑N
'
New Work❑
Replace
Maint El
❑YON,
New Work 0
Replace
Maint ❑
❑ Y- ❑ N
New Work ❑
Replace
Malnt ❑ ..
❑ Y ❑ N .
.'
New Work
Replace
Malnt❑❑Y-❑N.
New Work
Replace.,
-
Maint ❑
❑ Y❑ N
New Work
Replace
Maint❑: -
❑Y❑N
New Work ❑
Replace
Main( El -
❑ Y ❑ N
New Work
Replace
Malnt❑
❑Y-❑N..
.
New Work
Replace
Maint ❑
❑ Y ❑ N
Now Work
Replace
Ma/nl ❑
❑ Y ❑ N
New Work 0
Replace
Maint ❑
❑•Y ❑ N
New Work
Replace
Maint❑
❑Y[IN
New Work 0
Replace.
-
-
Malnt ❑
❑ Y ❑ N
New Work
'Replace
Maint ❑
❑ Y ❑ N
_
New Work 0
Replace
-
Maint ❑
❑ Y ❑ N
New Work
Replace '
Meint❑
.❑Y❑N
New Work 0
Replace
Melnt ❑
❑ Y ❑ N
New Work El
Replace
Maint❑
❑Y❑N
revised Nov. 2012

l-ion of Coastal Mgt. Application Computer Sheet, Page 3 of 3)
Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement
found In your Habitat code sheet.
Habitat Name
1
DISTURB TYPE
- . Choose One
TOTAL Sq. Ft.
(Applied for.
Disturbance total
Includes any
anticipated
restoration or
tam impacts)
FINAL Sq. Ft.
(Anticipated final
disturbance.
Excludes any
restoratJon
and/or temp
Impact amount
TOTAL Feet
' (Applied for.
Disturbance
total includes
any anticipated
restoration or
fem Impacts)
FINAL Feet
(Anticipated final
disturbance.
Excludes any
restoration and/or
tamp Impact
amount
Dredge Q Fill Both ❑ .Other ❑
if
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 ❑
Drudge ❑ Fill ❑ Both ❑ Other ❑
.
Dredge ❑ Fill ❑ Both ❑ Other ❑ -
Dredge ❑ Fill ❑ Both ❑ Other ❑
252-808-2808 :: 1-8884RCOAST :: www.nccoastalmanagement.net revised: Nov. 2012

Russell, Kelly '
From: Embarq Customer [[e-mail]]
Sent: Monday, January 13, 2014 10:02 AM
To: Russell, Kelly
Subject: Fwd: [EXTERNAL] Rodanthe Fill Permit (UNCLASSIFIED)
----- Forwarded Message -----
From: "Raleigh W SAW Bland" <Raleigh.W.Bland(dusace.armv.mil>
To: "Embarq Customer" tdougdormanPembaramail.com>
Cc: "Josh R SAW Pelletier" <3osh.R.Pelletiergusace.army.mil>, "Frank Jennings"
<frank.ienningsrancdehr. gov>
Sent: Monday, January 13, 2014 9:57:45 AM
Subject: RE::[EXTERNAL] Rodanthe Fill Permit (UNCLASSIFIED)
Classification: UNCLASSIFIED
Caveats: NONE
Doug,
An interagency scoping meeting will not be necessary if the.project does not involve fill in
the coastal wetland AEC. We can work through the 404 and mitigation issues during the review
process. Thanks for your attention to this and we look forward to working ,with you on the
application. Make sure to provide your alternatives analysis with a discussion regarding your
attempts to utilize the existing access on the adjacent property and a mitigation solution in
the application package.
I am providing a CC to Frank Jennings so DCM will have our position in writing. Thanksl
----- Original.Message-----
From: Embarq Customer [mailto:dougdorman(@ mbaromail.com]
Sent: Monday, January 13, 2014 9:33 AM
To: B1and,,Raleigh W SAW
Cc: Pelletier, Josh R SAW
Subject: Re: [EXTERNAL] Rodanthe Fill Permit (UNCLASSIFIED)
Raleigh or Josh,
DCM is requesting a. response back from the Corp stating that a meeting is not necessary
because there are no'coastal wetlands onsite or they will have to put the project on hold
until a meeting takes place.
Thanks
Doug
----- Original Message From: "Raleigh W SAW Bland"<Raleigh.W.BlandOusace.armv.mil>
To: "Embarq Customer" <douedorman(dembaramail.com>
Cc: "Josh R SAW Pelletier" <Josh.R.Pelletier(ausace.armv.mil>, "Frank Jennings"
<frank.ienningsOncdenr.gov>
Sent: Monday, January 13, 2014 7:46:52 AM
Subject: RE: [EXTERNAL] Rodanthe Fill Permit (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE
Doug,
Josh may not be aware of all of the history of acquiring permits for road crossings in the
North Drain but unfortunately I have experienced a number.of these projects over the years.
One of the major concerns is going to be the wetland type(s) associated with the crossing. Is
it all 404 or is there some coastal•(DCM) wetland? This is one of the major issues because it
changes the mitigation considerations and raises in -lieu fee type payments to a very high
amount. The second major consideration is the alternatives analysis and you may have already
looked into that, but adequately.documenting your efforts has been difficult in previous
projects. My recommendation (if the project involves any DCM wetland at all) would be to
arrange a pre-application/scoping meeting through Lyn Hardison and DENR WaRo so the review
agencies will have an opportunity to discuss. If the crossing is Section 404 only, then we
may have a better chance to work directly with you and any potential mitigation issues could
be addressed through our agency. Bottom line, if the project involves fill in the coastal
wetland AEC then it will be a challenging process. Thanks for the message and we look forward
to working with you on the project. Josh will most likely be the POC but we will make that
determination when the time comes..
-----Original Message-----
From: Embarq Customer[mailto:douedorman(@embaramail.com]
Sent: Friday; January 10, 2014 8:52 AM
To: Bland,'Raleigh W SAW
Subject: [EXTERNAL] Rodanthe Fill Permit
Raleigh,
I have not talked to you in awhile so I.hope you are doing well.
I received a call from the DCM stating that you might have some concerns about a LAMA major
for a driveway in Rodanthe. I had a meeting with Josh a few weeks ago on another site.in
Rodanthe and I explained that a permit application was to be expected and I asked him if he
wanted go on -site and he did not think it was necessary.
I understand it looks like he can use Su die Payne, Road but it is private and the owners are
adamant about Mr. Luby not using it. He has offered to redo the road and maintain it but
they have gone as far as putting up 'a gate to keep anyone out and he has had to pay for a
temporary access through another lot while the house was being moved. Mr. Luby has tried
every alternative so this is his only option at this point. '
Please let me know if you need more information.
Thanks,
Doug Dorman
Atlantic Environmental Consultants, LLC
252-261-7707 phone/fax

From; Jennings, Frank
Sent: Monday, January 13, 2014 8:08 AM
To: Russell, Kelly
Subject: FW: [EXTERNAL] Rodanthe Fill Permit (UNCLASSIFIED)
Frank A. Jennings, III
District Manager
NC Division of Coastal Management
1367 US.Hwy 17 South
Elizabeth City, NC 2j909
frank.iennings(dncdenr.gov
252-264-3901, ext. 235
252-264-3723, fax
E-mail correspondence to and from this address may be subject to the North Carolina Public
Records Law and may be disclosed to third parties. ,
------ -------------------- -------------------------------------------------------------------
----- Original Message ----
From: Bland, Raleigh W SAW [mailto:Raleigh.W.Blend(dusace.armv.mil]
Sent: Monday, January 23, 2014 7:47 AM
To: Embarq'Customer
Cc: Pelletier, Josh R SAW; Jennings, Frank
Subject: RE: [EXTERNAL] Rodanthe Fill Permit (UNCLASSIFIED)
Classification: UNCLASSIFIED
Caveats:.NONE
Doug,
Josh may not be aware of all of the history of acquiring permits for road crossings in the
North Drain but unfortunately I have experienced .a number of these projects over the years.
One of the major concerns is going to be the wetland type(s) associated with the crossing. Is
it all 404 or is there some coastal (DCM) wetland? This is one of the major issues because it
changes the mitigation considerations and raises in -lieu fee type paymentsto a very high
amount. The second major consideration is the alternatives analysis and you may have already
looked into that, but adequately documenting your efforts has been difficult in previous
projects. My recommendation (if the project involves any DCM wetland at all) would be to
arrange_a pre-application/scoping meeting through Lyn Hardison and DENR WaRo so the review
agencies will have'an opportunity to discuss. If the crossing is Section 404 only, then we
may have a.better chance to work directly with you and any potential mitigation issues could
be addressed through our agency. Bottom line, if the project involves fill in the coastal
.wetland AEC then it will be a challenging process. Thanks for the message and we look forward
to working with you on the project. Josh will most likely be the POC but 'we will make that
determination when the time comes.
-----Original Message -----
From: Embarq Customer [mailto:doukdorman0embaramail.com]

Sent: Friday, January 10, 2014 8:52 AM
To: Bland, Raleigh W SAW
Subject.: [EXTERNAL] Rodanthe Fill Permit
Raleigh,
I have not talked to you in awhile so I hope you are doing well.
I received a call from the DCM stating that,you might have some concerns about a CAMA major
for a driveway in Rodanthe. I had a meeting.with Josh a few weeks ago on another site in
Rodanthe and I explained that a permit application was to be expected and I asked him if he
wanted go on -site and he did not think it was necessary.
I understand it looks like he can use Sudie Payne Road but it is private and the owners are
adamant about Mr. Luby not using it. He has offered to redo the road and maintain it but
they have gone as far as putting up a gate to keep anyone out and he has had to pay for a
temporary access through another lot while the house was being moved. Mr. Luby has tried
every alternative so this is his only option at this point.
Please let me know if you need more information.
Thanks,
Doug Dorman
Atlantic Environmental Consultants, LLC
252-261-7707 phone/fax.
Classification: UNCLASSIF]
Caveats: NONE
7

� ^ ssell, Kelly
I' From:
Russell, Kelly
Sent:
Monday, January 13, 2014 8:42 AM
To:
'Embarq Customer'
Subject::
RE: Luby
Hey Doug
I got the email that Raleigh sent to you, hopefully everything can be worked out pretty quickly but in the mean time
could you send me a letter requesting that we place the application on hold pending further discussion with the army
corp of engineers. I have everything ready and typed up to go out and everyday counts against me on the time clock.
Thanks and let me know if theres anything I need to do.
Kelly
From: Embarq Customer [mailto•dougdormanCa�embar�c mail coml
Sent: Thursday, January 09, 2014 8:54 AM
To: Russell, Kelly
Subject: Re: Luby
Kelly,
Attached is the MP-2 form. Do you have any other. comments?'Can I send the 25 copies of the site plan?
Thanks
Doug
From: "Kelly Russell" <kelly.russellOncdenr.aov>
To: "Embarq Customer" <douadorman(&embaramaiLcom>
Sent: Monday, January 6, 2014 10:43:53 AM
Kelly D. Russell
E'ield Representative
Division of Coastal Management
1