106-96 John Gill and McLean Garner Land Trust

Permit Class
NEW
STATE OF NE
Department of Environme
dtlf& Natural Resources
. ar
Prmcit
for AV
%
Major Development in an AreaWtirvuonmental Concern
pursuantto NCGS 113A-118. _!"
_ Excavation and/or filling pursuant to NCGS 113-229
Issued to John Gill and McLean Garner Land Trust, P.O. Box 400, Corolla, NC 27927
Permit Number
106-96
authorizing development in Currituck County at Man-made canal adj. to Currituck Sound. off Swan
Road, Carova Beach , as requested in the permittee's application dated 1/25/96 including attached workplan
drawing dated 3/7/96.
This permit, issued on 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 a fine, imprisonment or civil action; or may cause the permit to be null and void.
Excavation and Fill
1) No vegetated wetlands or open water areas will be excavated or filled outside of the area indicated
on the 3/7/96 workplan drawing.
2) The fill material shall be clean and free of any pollutants except in trace quantities. Metal products,
organic materials, or unsightly debris shall not be used.
3) The temporary placement or double handling of excavated or fill material within waters or vegetated
wetlands is not authorized.
attached sheet for Additional
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the
issuing date. An appeal requires resolution prior to work
initiation or continuance, as the case may be.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not
covered hereunder requires further Departmental approval.
All work must cease when the ppermit expires on
December 31,1999
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina
Coastal Management Program.
Signed by the authority of the Secretary of DEHNR and the
Chairman of the Coastal Resources Commission.
oger N. Schecter, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

John Gill and McLean Garner Land Trust Permit#106-96
Page 2 of 2
ADDITIONAL CONDITIONS
Sedimentation and Erosion Control
4) In order to protect water quality, runoff from construction must not visibly increase the amount
of suspended sediments in adjacent waters.
5) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain
erosion within thirty days of project completion.
6) Silt fences or other erosion control devices shall be installed adjacent to the canal prior to the
initiation of land disturbing activities, and shall remain in place until the ground cover required
in Condition 5 is provided.
General
NOTE: The permittee is advised to contact the Currituck County Health Department regarding
their requirements for septic tank installations (as required under 15A NCAC 18A.1900
et. Seq.).
NOTE: Future development on the permittee's property may require a modification of this
permit. Contact a representative of this Division at [phone] prior to
commencement of any such activity for this determination.
NOTE: The N.C. Division of Environmental Management has authorized the proposed project
under General Water Quality Certification 3025 (DEM Project No. 960451) which was
issued on 7/3/96.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id.
No. 199601724.

VP'gF_ _� iatc .wtti -rJZZ_( y,
orm DCM-MP-1
r
1. APPLICANT
APPLICATION
(To be completed by all applicants)
b. City, town, community or landmark
Carova
c. Street address or secondary road number
a. Landowner: Swan Road
Name John Gill & McLean Garner Land Trust d. Is proposed work within city limits or planning
jurisdiction? X Yes No
Address c/o Riggs Realty, PO Box 400
e. Name of body of water nearest project (e.g. river,
City Corolla State NC creek, sound, bay) Currituck Sound
Zip 27927 Day Phone
Fax
b. Authorized Agent:
Name Environmental Professionals, Inc.
Address PO Box 3368
City Kill Devil Hills
State NC
Zip 27948 Day Phone [phone]
Fax [phone]
c. Project name (if any)
NOTE. Perini( will be issued in Home of lnnduwner(s), rind/or
project arune.
2. LOCATION OF PROPOSED
PROJECT
a. County Currituck
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
Fill wetlands to facilitate
residential construction. Install
draintile as engineered by Bissell
Professional Group and construct two
single family residences.
b. Is the proposed activity maintenance of an existing
project, new work, or both? new
c. Will the project be for public, private or commercial
use? _rivate
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If more space is needed, please attach
additional pages. Fill will be placed in
the Corps jurisdictional wetlands to
allow placement of sewage disposal
systems that will meet the state
required setbacks. Install draintiles
and construct two single family
residences.
Revised 03195

rm DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract+/- 18,000 sq. ft.
b. Size of individual lot(s) +/- 9,000 sq. ft.
c. Approximate elevation of tract above MHW or
NWL +/- 2.9 feet
d. Soil type(s) and texture(s) of tract
Sandy loam
e. Vegetation on tract Scrub thicket, live oaks,
and Juncus roemerianus
f. Man-made features now on tract None
g. What is the CAMA Land Use Plan land
Classification of the site? (Consull the local land use plan.)
Conservation X Transitional
Developed Community
Rural Other
h. How is the tract zoned by local government?
residential
i. Is the proposed project consistent with the applicable
zoning? X Yes No
(Attach zoning eongdiance certificate, if applicable)
j. Has a professional archaeological assessment been
done for the tract? Yes X No
If yes, by whom? N/A
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
Yes X No
Are there wetlands on the site? X Yes —No
Coastal (marsh) No Other 404
If yes, has a delineation been conducted? Yes
(Attach documentation, if available)
in. Describe existing wastewater treatment facilities.
None
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down" and residential discharges.) discharges
for draintile
o. Describe existing drinking water supply source.
None
5. ADDITIONAL INFORMATION
In addition to the completed application form, the
following items must be submitted:
• A copy of the deed (with state application only) or
other instrument under which the applicant claims title
to the afTected properties. If the applicant is not
claiming to be the owner of said property, then
forward a copy of the deed or other instrument under
which the owner claims title, plus written permission
from the owner to carry out the project.
• An accurate, dated work plat (including plan view
and cross -sectional drawings) drawn to scale in black
ink on an 8 1/2" by 11" white paper. (Refer to
Coastal Resources Commission Rule 71.0203 for a
detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue -line
prints or other larger plats are acceptable only if an
adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of
Engineers regarding that agency's use of larger
drawings.) A site or location map is a part of plat
requirements and it must be sufficiently detailed to
guide agency personnel unfamiliar with the area to the
Revised 03195

Form DCM-MP-1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
• A Stormwater Certification, if one is necessary.
• A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of the application and plats
by certified mail. Such landowners must be advised
that they have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
Name Thomas Loggin
Address 14910 Springfield Rd.
Phone Darnstown, MD 20874
Name Perkins William Horace et ux
Address 3915 St. Marks Rd.
Phone Durham, NC
Name
Address
Phone
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
• A check for $250 made payable to the Department of
Environment, Health, and Natural Resources
('DEHNR) to cover the costs of processing the
application.
• A signed AEC hazard notice for projects in
oceanfront and inlet areas.
• A statement of compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A - I to
10) If the project involves the expenditure of public
funds or use of public lands, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.
6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND
I understand that any permit issued in response to this
application will allow only the development described in
the application. The project will be subject to conditions
and restrictions contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's
approved Coastal Management Program and will be
conducted in a manner consistent with such program.
I certify that I am authorized to grant, and do in fact,
grant permission to representatives of state and federal
review agencies to enter on the aforementioned lands in
connection with evaluating information related to this
permit application and follow-up monitoring of the
project.
I further certify that the information provided in this
application is truthful to the best of my knowledge.
This is the 25th day of Jan. . 1996
Print Name George H. Wood
Signature /�✓�
Landowner or Auttronzed Agent
Please indicate attachments pertaining to your proposed
project.
X DCM MP-2
Excavation and Fill Information
X DCM MP-3
Upland Development
_ DCM MP-4
Structures Information
_ DCM MP-5
Bridges and Culverts
DCM MP-6
Marina Development
NOTE. Please sign and date each attachment in the
space provided at the bottom of each form.
Revised 03195

Form DCNI-:VIP-2
EXCAVATION
AND FILL
(Except 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.
Describe below the purpose of proposed excavation or
fill activities. All values to be given in feet.
N/A avenge I inal
Existing Project
Length width Depth Depth
Access
channel
(MLR) or (NWL)
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Exeluding
shoreline
atabtlbstion) J
X X X k
115 37
InOL.. ni dD/b 'r rf.d n.�
c. yds. _ +/-'473"
RECEIVED
Post-irFax Note
7671
0 -
(�=pa°ges�
To
From
Co�Deot.
cO•
Ptwne g
Phone r
Fax#
Fixes
1. EXCAVATION N/A
a. Amount of material to be excavated from below
MHW or NWL in cubic yards N/A
b. Type of material to be excavated NIA
c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation N/A
(SAVs) or other wetlands? _ Yes _ No
d. Highground excavation in cubic yards N/A
2. DISPOSAL OF EXCAVATED
MATERIAL
a. Location of disposal area
N/A
b. Dimensions of disposal area N/A
c. Do you claim title to disposal area? N/A
Yes — No
If no, attach a letter granting permission from the
owner.
d. Will a disposal area be available for future
maintenance? _ Yes No
If yes, where? N/A
Revised 0319s APR 2 6 1996

Form DCM-MP-2
e. Does the disposal area include any coastal wetlands
(marsh), SAVs or other wetlands?
Yes No N/A
f. Does the disposal include any area in the water?
Yes No N/A
3. SHORELINE STABILIZATION N/A
a. Type of shoreline stabilization N/A
Bulkhead Riprap
b. Length
c. Average distance waterward of MHW or NWL
N/A
d. Maximum distance waterward of MHW or NWL
N/A
e. Shoreline erosion during preceding 12 months
(source of infonwfion)
f. Type of bulkhead or riprap material N/A
g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap N/A
(2) Bulkhead backfill N/A
h. Type of fill material N/A
i. Source of fill material N/A
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
a. Will fill material be brought to site?
_X Yes No
If yes,
(1) Amount of material to be placed in the
water —0—
(2) Dimensions of fill area —0—
(3) Purpose of till
b. Will fill material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
X Yes No Corps wetlands only
If yes,
(1) Dimensions of fill area 4,272 sq. ft.
(2) Purpose of fill to facilitate sewagp
disposal system location
5. GENERAL
a. How will excavated or fill material be kept on site
and erosion controlled? fill levelled and
grassed
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
dozer
c. Will wetlands be crossed in transporting equipment
to project site? Yes X No
If yes, explain steps that .will be taken to lessen
environmental impacts. N/A
Appliranl or Projeft None
Signature
1/25/96
Date
Revised 03195

Form DCM-MP-3
UPLAND
DEVELOPMENT
(Construction and/or land disturbing activities)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-1. Be sure to complete all
other sections of the Joint Application that relate to this
proposed project.
a. Type and number of buildings, facilities, units or
structures proposed two single family_
residences
b. Number of lots or parcels
2
c. Density (give the number of residential units and the
units per acre) 4.8 units/acre
d. Size of area to be graded, filled or disturbed
including roads, ditches, etc. t/— 18,000 sq. ft.
e. If the proposed project will disturb more than one
acre of land, the Division of Land Resources must
receive an erosion and sedimentation control plan at
least 30 days before land disturbing activity begins.
If applicable, has a sedimentation and erosion
control plan been submitted to the Division of Land
Resources? Yes X No
If yes, date submitted
f. List the materials (such as mart, paver stone,
asphalt, or concrete) to be used for paved surfaces.
concrete driveways
g. Give the percentage of the tract within 75 feet of
MHW or NWL, or within 575 feet in the case of an
Outstanding Resource Water, to be covered by
impervious and/or built-up6n surfaces, such as
pavement, buildings, rooftops, or to be used for
vehicular driveways or parking. 11%
h. Projects that require a CAMA Major Development
Permit may also require a Stormwater Certification.
Has a site development plan been submitted to the
Division of Environmental Management for review?
Yes X No
If yes, date submitted
i. Describe proposed method of sewage disposal.
ground absorption
j. Have the facilities described in Item i. above
received state or local approval? yes — prelimir.
-(Mach appropriate docutwntation)
k. Describe location and type of proposed discharges to
waters of the state (for example, surface runoff,
sanitary wastewater, industrial/commercial effluent,
"wash down" and residential discharges).
drain tiles
1. Describe proposed drinking water supply source
(e.g. well, community, public system, etc.)
onsite well
in. Will water be impounded? _ Yes X No
If yes, how many acres?
n. If the project is a oceanfront development, when
was the lot(s) platted and recorded? N/A
l Olin (:,It s rlaeu�— C.a.ivtnr 4r C%,--Tr si
Applica tar I'raject Name
b -tA&( (/
SignntureV
2/6/96
Date
Revised 03195

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RIPARIAN LANDOWNER
LOT 57
THOMAS LOGGIN
CAMA MAJOR PERMIT APPLICATION
LOTS 44 AND 45 SECTION 10
COROVA BEACH SUBDIVISION
FRUITVILLE TOWNSHIP CURRITUCK COUNTY NORTH CAROLINA
ESTUARINE AEC
AREA TO BE FILLED
1 787 S FT. DRAINTILE
I I
3�7PRlNT
I X
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44 �
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SETBACK FOR DRAINFIELD
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1' — 60'
JOB NUMBER: 94-143A
DRAWN BY: JJ
REVIEWED:. GIN
OyL�
4
RIPARIAN LANDOWNER
LOT IN WI -- ------ —�
LOT INS, WIWAM HORACE et ux
ENVIRONMENTAL
PROFESSIONALS INC.
PLANNING FOR A BETTER
ENVIRONMENT
P.O. BOX 3368
KILL DEVIL HILLS, N.C. 27948
PHONE [phone]
FAX (9191.44"721
MAR 2 9, 1996

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF July 18, 1996
Regulatory Branch
Action ID No. 199601724 and State Permit No. 106-96
John Gill
C/o Riggs Realty
Post Office Box 400
Corolla, North Carolina 27927
Dear Mr. Gill:
Reference your application for a Department of the Army (DA) permit
to place fill material into Section 404 wetlands, on property identified
as Lots 44 and 45, Carova Beach Subdivision, located off Swan Road, adjacent
a man-made canal to the Currituck Sound, in Carova, Currituck County, North
Carolina -
Your proposal has been reviewed and found to be consistent with the
provisions and objectives of General Permit No. 198000291. Therefore, you
may commence construction activity in strict accordance with applicable
State authorization and the enclosed plan. Failure to comply with the State
authorization or conditions of the general permit could result in civil and/or
administrative penalties.
If any change in your work is required because of unforeseen or altered
conditions or for any other reason, plans revised to show the change must be
sent promptly to this office and the North Carolina Division of Coastal
Management prior to performing any such change or alteration. Such action
is necessary as revised plans must be reviewed and the authorization modified.
Questions or comments may be addressed to Mr. Raleigh Bland, Washington
Regulatory Field Office, telephone [phone], extension 23.
Sincerely,
Raleigh Bland, P.W.S.
Regulatory Project Manager
Enclosure
Copies Furnished without enclosure:
Director, Atlantic Marine Center
National Ocean Service
ATTN: MOA 232X1
439 West York Street
Norfolk, Virginia 23510-1114

-2-
Mr. John Dorney
Division of Environmental Management
North Carolina Department of Environment,
Health and Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Mr. Thomas Welborn, Chief
Wetlands Regulatory Section - Region IV
Wetlands, Oceans and Watersheds Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. John Parker
Division of Coastal Management
orth Carolina Department of Environment,
Health and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. John Hefner
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Mr. Richard Watts, District Manager
Elizabeth City Regional Office
North Carolina Division of Coastal Management
1367 U.S. 17 South
Elizabeth City, North Carolina 27909

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State of North Carolina
Department of Environment,
WFT WWAA
ealth and Natural Resources 4 •0
Division of Coastal Management _
James B. Hunt, Jr., Governor �k -
Jonathan B. Howes, Secretary E H N R
Roger N. Schecter, Director
July 12, 1996
John Gill & McLean Gamer Land Trust
c/o Riggs Realty
P. O. Box 400
Corolla, NC 27927
Dear Sir
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, P.O. Drawer 11666, Raleigh, NC 27611, [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 require
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.
4seJonR. Parker, Jr.
Major Permits Processing Coordinator
JRP:jr/amw
Enclosure
P.O. Box 27687, N
��,. FAX [phone]
Raleigh, North Carolina 27611-7687 ��C An Equal Opportunity/Affirmative Action Employer
Voice 919-733-229350% recycled/10% post -consumer paper

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: John Gill and McLean Garner Land Trust
0
2. LOCATION OF PROJECT SITE: Lots 44 and 45 on Swan Road, C*ova Beach,
Currituck County.
Photo Index - 1989: 1-39: 6 N 3&4 1984: 135-637: B 8-10
State Plane Coordinates - X: 2918575 Y: 1018750
3. INVESTIGATION TYPE: CAMA/Dredge and Fill
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - February 1996
Was Applicant Present - Representative
5. PROCESSING PROCEDURE: Application Received - April 25, 1996
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Currituck County
Land Classification From LUP - Conservation and Limited Transition
(B) AEC(s) Involved: ES
(C) Water Dependent: No
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - None
Planned - None
(F) Type of Structures: Existing - None
Planned - Two Residences and two septic and drainage systems
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
4,272 sq.ft.
"404" non -coastal
(B) Non -Vegetated Wetlands
(C) Other
Disturbed Area
High Ground
13,728 sq.ft.
(D) Total Area Disturbed: 18,000 square feet
(E) Primary Nursery Area: N/A
(F) Water Classification: SC Open: No
8. PROJECT SUMMARY: The applicants' propose to fill 4,272 square feet of Section 404 wetlands on
two lots in Carova Beach, to facilitate residential development. The project will include the
installation of 636 linear feet of draintile to lower the groundwater on the property, and the
construction of two dwellings and their associated septic systems and wells.

John Gill and McLean Garners Land Trust
Bio Report
Page 2
Site Description
The property is located at the end of a cul-de-sac on Swan Road in Carova Beach, Currituck County, more
specifically referred to as lots 44 and 45, Section 10, Carova Beach Subdivision. Swan Road ends in a cul-
de-sac forming a point with residential lots on either side of the road. The lots are bounded along, the rear
property lines by man-made canals. Swan Road runs in an east/west direction with lots 44 and 45 at the end
of the cul-de sac. Numeration of the two lots runs in a south to north direction with lot 44 on the north side
of lot 45. Properties in the project area are poorly drained, but only lots 44 and 45 contain Section 404
wetlands. There is approximately 2,485 sq. ft. of delineated Section 404 wetlands on lot 45, and 1,787 sq.
ft. on lot 44.. The wetlands are located towards the rear and approximate center of the two lots, and are ten
(10) feet landward of the adjacent canal. The wetlands are primarily comprised of Black Needle Rush
(Juncus roemarlanus) with some Saltmeadow Cordgrass (Spartina patens). Located just south of the area
delineated as "404" wetlands on lot 45 is an metal culvert that extends a approximately three (3) feet into
the canal. The culvert does not have a connection to the adjacent wetland area and appears to have no
current function. The culvert may have been placed during the early 1970's to increase drainage on the
property.
Vegetation consists of a mixture of species including, but not limited to Loblloly Pine (Pinus taeda), Live
Oak, (Quercus virginiana) Wax Myrtle (Myrica cerifera), Sea Ox-eye (Borrichia frutescens), and a variety
of grasses.
Project Description
The project site is located along a man-made canal system in Carova Beach. The property is poorly drained
and currently unacceptable for the placement of septic systems. The proposed project will include the
installation of a groundwater lowering device and the filling of freshwater wetlands. The location and
configuration of the "404" wetlands prevent placement of a septic system that can meet minimum setbacks.
The proposed work will entail filling the 4,272 square feet of wetlands and the placement of 636' of four
(4") inch draintile with three outlets into adjacent canals. Draintile will extend 170' from the front property
line and run in a east/west direction between lots 44 and 45 terminating in the canal. Approximately 30'
from the terminal end the draintile will "T" off into lots 45 and 44. The Draintile will be placed 25' to 35'
landward of the adjacent canal system and extend to the opposite property lines. On lot 45 the draintile will
run approximately 176' in a southerly direction across the rear of the lot, turn and run 35' in a
southwesterly direction along the property line abutting lot 46, and terminate in a canal. On lot 44 the
draintile will run 125' across the rear of the lot, turn and run 95' in a easterly direction, turn again along
the property line abutting lot 43, and terminate into a canal.
The project will facilitate the construction of two residential structures on lots 44 and 45, in the
approximate center of each lot. The associated septic systems will be located adjacent to lots 43 and 46.
The existing 27' metal culvert located on lot 45 will be removed and the area where the culvert is located
will be filled with existing sand on the lot. The area adjacent to the canal will be vegetated and a silt fence
will be installed to prevent erosion. The canal system adjacent to the project site is shallow with a sandy
beach fringe with little to no coastal wetlands.

John Gill and McLean Garners Land Trust
Bio Report
Page 3
Approximately 475 cubic yards of fill material will be necessary to bring the wetland area up to the desired
elevation. The total area that will be disturbed will be approximately 18,000 square feet.
ANTICIPATED IMPACTS
Approximately 18,000 square feet of land disturbing activity will occur on lots 44 and 45. Fill activity on
the two lots will result in the loss of 4,272 square feet of Section 404 wetlands. The removal of an existing
culvert may result in temporary turbidity adjacent to the shoreline. The placement of the drainage system
will result in lowering groundwater on the properties in question. On lot 45 septic lines will be within 25'
of draintile with outfalls into the adjacent canal system. On lot 44 septic lines will be within 40' to 45' of
the proposed draintiles.
CAMA REVIEW
Land Use Plan review and consistency determination will be submitted under separate cover as soon as
possible.
Submitted by: Lynn W. Mathis
Date: April 29, 1996

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
May 3, 1996
JgWrGill aMPWPMPMINMMMWM Trust
c/o Riggs Realty
P. 0. Box 400
Corolla, NC 27927
Dear Sir:
1, 0
[DEHNFR
RECEIVEO
MAY 7 1 y56
C�NJINL
MANAGEMENT
The Division of Coastal Management hereby acknowledges receipt of your application
for State approval for development of your property located Lots 44 and 45 on Swan Road,
Carova Beach, Currituck County. It was received on April 25, 1996, and appears to be
adequate for processing at this time. The projected deadline for making a decision isJ&4 9,
1996. 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.
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 your proposed development. You should post this
notice at a conspicuous point along your 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 your property; or at a point along the road right-of-way where a
private road would lead one into your property. Failure to post this notice could result in an
incomplete application.
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
1367 U.S. 17 South. Elizabeth Clay, North Carolina 27909 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50%recycled/ lo%post-consumer paper

May 3, 1996
Page #2
questions and notify me in writing if you wish to receive a copy of my field report and/or
comments from reviewing agencies.
Sincerely,
J W . NSA
Lynn W. Mathis t9�-
Field Representative III
LWM/kh
Enclosure
cc: John Parker
Richard L. Watts

CAMA PERMIT
APPLIED FOR
PROJECT: To fill 4,272 square feet of Section 404 wetlands on two lots in
Carova Beach, to facilitate residential development. The project will include
the installation of 636 linear feet of draintile to lower the groundwater on
property, and the construction of two dwellings and their associated septic
systems and wells.
COMMENTS ACCEPTED THROUGH May 29, 1996
APPLICANT:
John Gill & McLean Garner Land Trust
c/o Riggs Realty
P. 0. Box 400
Corolla, NC 27927
FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
Lynn W. Mathis
NC Division of Coastal Management
1367 Us 17 South

.. ,� SENDER: LJN' J l3
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_ ENMoNWr ROPE s[IONMING
Planning for a better environment
[phone]
�AR 2 9 1996
March 29, 1996
Messrs. Perkins, William, Horace et ux
3915 St. Marks Rd.
Durham, NC 27707
Dear Sirs:
Mr. Gill and McLean Garner Land Trust have made the enclosed revisied plans to
improve their property for residential purposes. This property is adjacent to yours in
Carova, Currituck County, North Carolina. If you have questions regarding this
application, please contact me or the NC Division of Coastal Management.
Sincerely,
George H. ood
94.143
P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 2 7 9 4 8 - 3 3 6 8

DWNHMPROFESSIONALS, INC.
Planning for a better environment
[phone]
March 29, 1996
Mr. Thomas Loggin
14910 Springfield Rd.
Darnstown, MD 20874
Dear Mr. Loggin:
R-
MpR 2 9 1996
Mr. Gill and McLean Garner Land Trust have made the enclosed revisied plans to
improve their property for residential purposes. This property is adjacent to yours in
Carova, Currituck County, North Carolina. if you have questions regarding this
application, please contact me or the NC Division of Coastal Management.
Sincerely,
George H. Wood, CEP
94-143
P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 2 7 9 4 8 - 3 3 6 8

��NDERitems tanNor2for adeidonalservices. %c/-(a3
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permit.
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Feb. 9 196 13:40 SWEETBRIRR DEU TEL [phone]
ET2-09-1S96' 11:42AM FROM Envlronmental Prof. InC. TO
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This document authorizes Environmental Professionals, Inc. to act as my agent for
application for environmental permits on my ropgrty in CaroBeach, a
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T S C Date
RECEIV
FEB 1 2 1996
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03-09-1??E 11_ r�'I FRGM Environmental Prof.. Allt:- TO 18038421015 P.02.
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Phis docuent authorizes Environmental Professionals, Inc. to act as my agent for the.
{ application for environmental pernlits on my properly in Carova Beach, TIC,
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Grantor, for himself and his successors and assigns, covenants to
and with the Grantee, Grantee's heirs, successors or assigns, that lie is
seized of said premises in fee and that ,he has a right to convey the
same in fee simple; that the same are free and clear from all
encumbrances and that he will warrant and defend the said title to the
same against the lawful claims of any and all persons whomsoever. Title
to the property hereinabove described is subject: to the following
exceptions: Ad valorem taxes for the year. 1995 and subsequent years;
restrictive covenants referred I:o above; and easements of record.
IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal the
day and year first above written.
MC1,EAN/cAT4E� jL�A ND TR
OY:� (SEAL)
It. Glenn Gray, TrtvfEee under an
Agreement dated April 2, 1990
COMMONWEALTH OF VIRGINIA
CITY OF PORTSMOUTII
I, the undersigned Notary Public, do hereby certify that it. Glenn
Gray, Trustee of: the McLean/Garner Land Trust- under an Agreement dated
April 2, 1990, Personally appeared before me this day and acknowledged
the due execut-i.on or the foregoing instrument.
19 ttness my hand and seal this _ day of
otary Publi,
+' (Arrix --NOTARY SEAL)
My.,,Fgmmj'�sion expires: TQ�9
NORTH CAROLINA
CURRITUCK COUNTY
�1 The!f1�oreg lug or annexed cert.i.fi.cate(s) of ) .A� LIkAL
�nimtelllil/� VIEi����lj�ixia_ i.s/are certified to be co__r"-��'ec """'f
This _p�� day of 19 ON
- Register ofIUDeeds
^/� 1
RY• 0..J h._(3�—��J.,Q t(.(L7L7[%QL-R
Deputy/Accis an a
ODD1101.DED
101294-0952

, '( i
LIIAll/
ow :349PAfiE 765
'T1 OCT 20 1 AM 10.9-Z
C/ OlIU .E)IE Y. DOWDY
Exit ae To.: ui. Q7 mf.rlS'i lift OF DEEDS
7'onsler Tax: W.7.00 CUMI TL'OK MINTY 11.0.
Prepared by: Robert R. Rabbi, Jr„ Attorney 0425-.3691111
Return to: Rarnthet, Rttcy, Evils 9 NntmYl, L.L.r., P. 0. Rae 310, Rnye Rend, 11C 22959
NORT11 CAROLINA
CURRITUCK COUNTY
THIS DEED made this 12 day of. October, 3.994 by 11. GLENN GRAY,
TRUSTEE of the McLEAN/GARNER-1,ANi) 'TRUST under an agreement dated April
2, 1990, Grantor to JOHN D. GILL and SHERI K. REEVES, as tenants in
common
whose address is Rt. 1., Box 48, Fork Union, VA 27055, Grantee;
W I T N D• S S E T It :
That for and in consideration of the sum of ONE HUNDRED DOLLARS
($100.00) and other valuable considerations to him in hand paid, the
receipt of which is hereby acknowledged, Grantor has bargained and sold
and by these presents does hereby bargain, sell and convey unto the
Grantee, Grantee's heirs and assigns, the following described property
situate in Frult:v.il.l.e 'township, Curr..i.tuck County, North Carolina and
more particularly described as follows:
All that certain lot of ].and shown and designated as Lot(s)
44, Section 1.0 on the plat of. Carova Beach recorded In Map
Book 4, Page(s) 30-39 in the office of the Register of: Deeds
of Currituck'County.
f
This being a portion of thnl: proporty conveyed I:o Grantor by
deed dated April 2, 1990 and filed in (look 275, Page 407,
Currituck County Registry.
Being subject to restrictive covenants for Section 10 recorded
in Book 119, Page 397 of thr_ Curr.iLuck County Registry, and
all other restrictions and casements of record.
Anything herein to the contrary notwithstanding, each and all
r of the representations, inducements, agreements and provisions
' herein made on the part- of the McLean/Garner Land Trust
4 ("Trust") is not intended as a personal representation,
inducement or agreement by the Trustee of the Trust or for the
purpose or with the intention of binding such Trustee
�i personally, but are made and intended only for the purpose of
binding the trust property of the Trust, and this contract is
a executed and delivered by such Trustee not in his own right,
but solely III the exercise of the powers conferred upon him as
such Trustee; and no persona], liability or personal
11A- responsibility is assumed by nor shall. be at any time be
i d asserted or enforceable against such Trustee, or any of the
beneficiaries under the ']'rust Agreement on account of: this
contract or on account of any representation, inducement-,
agreement or provision in this contract, either expressed or
implied, all such personal liability, if: any, being expressly
waived and released by Grantee herein and by all person's
claiming by, through or under Grantee.
TO HAVE AND TO HOLD the aforesaid parcel. of land with all
privileges and appurtenances thereunto belonging unto the Grantee,
Grantee's heirs and assigns, .in fee simple forever.
CUPPITUCY CIIry In-Rl-9i
Iea
STATE OF $Fir . fi0
N0RET"INA (,; Real Estate
CA t Excise Tax
tuna 'uT .::.fn.n MX
AMOUNT FAN)A_Za _UQSRS
COtLECTOR_r��v/1t<—_

om 275 PAGE 4,15
NORTH CAROLINA, CURRITUCK COUN'rY
The foregoing cerlificale(s) of Betty p. Andrews a notarL_for ttse State of Virg Lnia at Large.
Tamara L. Urao o notary for tlrc Coounonwcalth of Virginia and Teeaa D. .ludd a notary for
the grar"f_Finiid^ _..._._ is (arc) certified
to be correct. This instrument was presented for registration at.y,21]_o'clock _L.M__, on -June_77
19-90 , and recorded in (look 275 page 487
•-}�^`����� Re64s1 r of Beds
By :
epulycister of Deeds
a
p
1
I
C

soox 275 PAGE_ 494
STATE OF VIRGINIA/�
CITY/COUNTY OF U -..d.1//.otf t.. I
I, a Notary Public for the City/County and State afore-
said, do hereby certify that MARTHA W. MCLEAN, Individually,
personally appeared before me this day and acknowledged the
due execution of the foregoing instrument. .
Witness my hand and notarial seal this,/day of
19
[AFFIX NOTARIAL SEAL]
-.'My commission expires:
ubtary Public
STATE OF VIRGINIA /
CITY/COUNTY OF •..ci �., e.%ECG,
I, a Notary Public for the City/County and State afore-
said, certify that DENIS A. WILSON, Co -Executor under the
Will of Joseph J. Garner, Jr., deceased, Grantor personally
appeared before me this day and acknowledged the execution
of the foregoing instrument.
Witness my hand and notarial seal this "flay of
;If:d
•�i .�•,:�;?•• ,,;'G AFFIX NOTARIAL SEAL]
,. Nprtary Public
.-.My commission expires: �,/-•...9,,J-ia
STATE OF
CITY/COUNTY OF ]-LW<P,CIZDU
I, a Notary Public for the City/County and State afore-
said, certify that RUTH G. GAFFORD, formerly Ruth C. Garner,
Co -Executor under the Will of Joseph J. Garner, Jr., deceased,
Grantor personally appeared before me this day and acknowl-
edged the execution of the foregoing instrument.
Witness my hand and notarial seal this 1 day of , ;.•,:•..'
[AFFIX NOTARIAL SEAL]y'_. J'oocu G(0)CO a
Notary Public
My commission expires: ".efgi,.,j'. •:,;• ` ,
40:4 V PI-ULIC SI11C OF FLORIDA .•. •• '
III CIPI !::Inx Fill. 41I..20,10n
_ II61m-i :dKo 6F.i(9u IMS. LFo.
91

BOOK 2 7 5 PAGE 493
STATE OF VIRGINIA
CITY/COUNTY OF A)DRFOLL
1, a Notary Public of the City/County and State afore-
said, certify that 7 (Dk fnl 066Ui: fir. , personally
came before me this day and acknowledged that she/he is a
Trust Officer of SOVRAN BANK, N.A., a national banking
association, Co -Trustee of the Trust created under ARTICLE
VI of the Will of George T. McLean, deceased and that by
authority duly given and as the act of the Corporation, the
foregoing instrument was signed in its name by its Vice
President, sealed with its corporate seal and attached by
him/her as its Trust Officer.
.•,•••"'•"�Witness my hand and notarial seal this 2OC) day of
rrI ell
,
AFM NOTARIAL SEAL] �aM•l L. Ur�o
Notary Public
e^
�T4y 59 fission expires: 9-ZO'9z
STATE OF VIRGINIALH Moi��
CITY/COUNTY OF l' 2--i, �"',''
I, a Notary Public for the City/County and State afore-
said, dohereby certify that DOLORES GRAY, Individually,
personally appeared before me this day and acknowledged the
due execution of the foregoing instrument.
.,illtf:•,•Witngss my hand and notarial seal this ^(lflay of
5• .^•[AFFIX NO'j.'ARIAL SEAL]
��,•'' :,'�,•.•; Mary Public
,n
!'•-' • .My commission expires:r-
STATE OF VIRGINIA 11
CITY/COUNTY OF l.il��.l>:�'�•7r�
I, a Notary Public for the City/County and State afore-
said, do hereby certify that ALEXANDER P. MCLEAN, JR.,
Individually, personally appeared before me this day and
acknowledged the due execution of the foregoing instrument.
:r �
Witness my
hand and
notarial seal this & ,day of
.
::'4-7FFIX NOTARIAL
SEAL]
�1J�((�!T/ �/� i/(Z
putary Public
• J'•'�.:;.My
commission expires:

wK 275 PAGE 492
n l
/ %J h. /��--f�/-�- (SEAL) .....
RathG. Gafford, merly
Ruth C. Garner, Co -Executor of
the Estate of Joseph J.
Garner, Jr., deceased
Denis A. Wilson, Co -Executor
of the Estate of Joseph J.
Garner, Jr., deceased
STATE OF VIRGINIA ..,�
CITY/COUNTY OF : rb•!.!-iH�/%Z�![:
I; a Notary Public of the City/County and State afore-
said, do hereby'certify that H. GLENN GRAY, Trustee of the
McLean/Garner Land Trust under Agreement dated April 2,
1990, the Co -Trustee of the Trust created under ARTICLE VI
of the Will of George T. McLean, deceased, Individually, and
as Co -Executor under the Will of Joseph J. Garner, Jr.,
deceased, personally appeared before me this day, and being
by me duly sworn, said that he executed the foregoing and
annexed instrument as Trustee, Co -Trustee, Individually, and
as Co -Executor; and H. GLENN GRAY as Trustee, Co -Trustee,
Individually, and as Co -Executor acknowledges the due execu-,
tion of the foregoing and annexed instrument for the purposes
therein expressed for and in behalf of the Trustee of the
McLean/Garner Land Trust under Agreement dated April 2, 1990,
the Trust created under Article VI of the Will of George T.
McLean, deceased, the said It. Glenn Gray, Individually, and
for and in behalf of the Estate of Joseph J. Garner, Jr.
;,;:i,;,; ••. Witness my hand and notarial seal this Zfdday of
.,r, (AFFIX NOTARIAL SEAL] t`Y,G[Fa!
No ry Public
1. •;+�My commission expires:
STATE OF
CITY/COUNTY OF
I, a Notary Public of the City/County and State afore-
said, do hereby certify that JEAN M. DAVIS, Individually and .
as Co -Trustee of the Trust created under ARTICLE VI of the
Will of George T. McLean, deceased, personally appeared
before me this day and acknowledged the due execution of the
. foregoing instrument.
me •.
�•� •"""'• 'J' Witness my hand and notarial seal this%�!sday of
'�`'•'.��.-+,'...•;[.AFFIX NOTARIAL SEAL] �y�flLr/tf. �C_/,,.f�'ilii•:i
Notary Public
���� My -commission expires:

um 275 PAGE 491
IN WITNESS WHEREOF, the Grantee and Grantors have
hereunto set their hands and seals:
SEAL)
ATTEST:
Tr4st Officer
(Use Black Ink Only)
GRANTEE,
(SEAL)
11. Glenn G ay, T stee
GRANTORS
& ka SEAL)
1. Glenn Gray, Co-T ustee of
the Trust created under
Article VI of the Will of
;lt:e
ge T. McLean, deceased
(SEAL)
M. Davis, Co -Trustee of
Trust created under
Article VI of the Will of
George T. McLean, deceased
Sovran Bank, N.A., successor
to Virginia National Bank, a
national banking association,
Co -Trustee of the Trust
created under Article VI of
the Will of George T. McLean,
deceased /%
SEAL)
✓"" 4 u ( SEAL )
Dolores Gray
SEAL)
J/-lan M. Davis `yam.
l . Lea E? 6EAL)
Alexande P. M' ean, J
SEAL)
%.�✓CY (SEAL)
FI. G enn Gray, Co xeeutor of
the Estate of Joseph J.
Garner, Jr., deceased
5

GOOK 2'75 PAGE . 400
and discretion, may deem advisable, and any lease
or leases made by the Trustee may extend beyond
the terms of this Trust or administration of the
trust estate, and for the purpose of leasing said
real estate, to make, execute, acknowledge and
deliver any and all instruments, in such form and
with such covenants and warranties as the Trustee
may deem expedient and proper. '(v) To compromise,
adjust, arbitrate, sue on or defend, abandon, or
otherwise deal with and settle claims in favor or
or against the Property as the Trustee shall deem
best, and his decision shall be conclusive.
TO HAVE AND TO HOLD the aforesaid lots or parcels of
land and all privileges and appurtenances thereto
belonging to the Grantee in fee simple.
And Grantors covenant with the Grantee, that (except as
set forth in the.next following paragraph) Grantors are
seized of the premises in fee simple, have the right to
convey.the same in fee simple, that title is marketable
and free and clear of all encumbrances, and that Gran-
tors will warrant and defend the title against the
lawful claims of all persons whomsoever except for the
exceptions hereinafter stated. The Co -Trustees of the
Trust created under Article VI of the Will of George T.
McLean, deceased (File 180-E-12 Clerk of Currituck
County Superior Court), and the Co -Executors of the
Estate of Joseph J. Garner, Jr. deceased (File 088-E-141
Clerk of Currituck County Superior Court), make no
general warranty, express or implied, as to the title
to the property hercinabove described. 'The general
warranty hercinabove set forth as to the Grantors is
expressly disclaimed by the Co -Trustees and Co -Executors.
Said Co -Trustees and Co -Executors make this special
warranty: That they have done nothing to encumber or
impair title to the property hereinabove described and
that they convey same in as full and ample manner as
said Co -Trustees and Co -Executors are empowered and
authorized to convey.
Title to the property hereinabove described is subject
to the following exceptions: (1) Currituck County Ad
Valorem Taxes; (2) Restrictive Covenants for Section 8,
Carova Beach, recorded in Book 113, at page 126 and for
Section 10, Carova Beach, recorded in Book 118, at page
393; (3) Unexpired covenants, conditions, restrictions,
reservations and easements, lawfully affecting the
above -described property, duly of record and constitut-
ing constructive notice, including those shown on the
plat of section 8 of Carova Beach recorded in Map Book
3, page 13, and on the plat of Section 10 of Carova
Beach recorded in Map Book 4, pages 38-39; and (4) in
the case of Lots 4 and 17 in Section 8 as described in
"FIRST TRACT" above and Lots 36, 37 and 38 in -Section
10 as described In "SECOND TRACT" above, to the rights
of parties under existing unpaid land contracts.
As set forth in Section 55-17.1 of the Code of
Virginia, 1950, as amended, the trust to which this
conveyance is made shall not fail, nor shall any use
relating to the above described property be defeated
because no beneficiaries are specified by name herein
or because no duties are imposed upon the Trustee named
herein, and no person dealing with the Trustee shall be,
required to make further inquiry as to the right of the
Trustee to act nor shall such person be required to
inquire as to the disposition of any proceeds.

DOOK 275 PAGE 489
Co -Trustees being authorized to continue as pro-
vided by Article VIII of the Will of George T.
McLean, deceased.
Deed dated October 29, 1979, from Construction
Associates, Inc. to George T. McLean and J. J.
Garner, Jr. and duly filed for record in the
Currituck county Registry in Book 166, page 614.
Joseph J. Garner, Jr.., a/k/a J. J. Garner, Jr.
died January 5, 1988, with tl. Glenn Gray, Ruth C.
Garner and Denis A. Wilson qualifying as Co -
Executors of his Estate in the City of Portsmouth,
Virginia, with Ancillary Letters Testamentary
granted in file N 88-E-141 Clerk of Currituck
County Superior Court.
By acceptance of this deed (as evidenced by Grantee's
execution of this deed), Grantee affirms the terms and
conditions of the Land Trust Agreement dated April 2,
1990, which is incorporated herein by reference. In
paragraph 4(d) of said Land Trust Agreement, the Trus-
tee's powers to act, without court order or approval,
are recited and granted as follows:
The Trustee shall have the power (without court
order or approval) to sell, convey, lease, encumber
or otherwise dispose of the Property [which
includes the real property described in this deed
and any other real or personal property hereafter
conveyed, assigned or otherwise transferred or
accepted by the Trustee thereunder, and such real
and personal property are therein defined as the
"Property"] pursuant to Section 55-17.1 of the
Code of Virginia of 1950, as amended, and the
governing laws of the State of North Carolina, and
in addition shall have the following powers (with-
out court order or approval): (i) At the discre-
tion,of the Trustee, to receive additions to the
Property from any source, in cash or in kind, and
to hold, administer and distribute such additions
as a part of and under the same terms and condi-
tions as the Property then currently held. (ii)
To sell, assign, exchange., transfer and convey or
otherwise dispose of, any or all of the invest-
ments and. property, either real, personal or
mixed, which may be included in, or may at any
time become part of the Property upon such terms
and conditions as the Trustee, in his absolute
discretion, may deem advisable, at either public
or private sale, either for cash or deferred pay-
ments or other consideration, as the Trustee may
determine; and for the purpose of selling, assign-
ing, exchanging, transferring or conveying the
same, to. make, execute, acknowledge and deliver
any and all instruments of conveyance, deeds,
deeds of trust, or assignments in such form and
with warranties and covenants as the Trustee may
deem expedient and proper; and in the event of any
sale, conveyance, exchange, or other disposition
of any of the Property, the purchaser shall not be
obligated,in any way to see to the application of
the purchase money or other consideration passing
in connection therewith. (iii) To grant, sell,
transfer, exchange, purchase or acquire options of
any kind on the Property held or acquired by the
Trustee. (iv) To .lease any or all of the real
estate, which may be included in or at any time
become a part of the Property, upon such terms and
conditions as the Trustee, in his sole judgment

DGGK 275 PAGE 488
. GRANTORS continued from preceding page
RUTH G. GAFFORD, formerly
RUTH C. GARNER, Co -Executor
of the Estate of Joseph
J. Garner, Jr., deceased
20 Spanish Main
Tampa, FL 33609
DENIS A. WILSON, Co -Executor
of the Estate of Joseph J.
Garner, Jr.., deceased
1792 Upper Chelesea Reach
Virginia Beach, VA 23454
Enter in appropriate block for each party: name, address,
and, if appropriate, character of entity, e.g. corporation
or partnership.
The designation Grantors and Grantee as used herein shall
include said parties, their heirs, successors and "assigns,
and shall include singular, plural, masculine, feminine or
neuter as required by context.
WITNESSETH, that pursuant to the provisions of that certain
Land Trust Agreement of even date herewith, Grantors have
and by these presents do grant and convey unto the Grantee
in fee simple, together with the power and right to convey,
sell, lease, encumber or otherwise dispose of, the following
described property, to -wit:
ALL THOSE certain lots or parcels of land situate in
Fruitville Township, Currituck County, North Carolina,
more particularly described as follows:
FIRST TRACT: All those certain lots of land shown
on plat of Section 8 of Carova Beach recorded in
Map Book 3, page 13 described as follows:
Lots 4, 17, 18, 22 through 26, 51, 54 and 61, all
inclusive
SECOND TRACT: All those certain lots of land
shown on plat of Section 10 of Carova Beach
recorded in Map Book 4, pages 38-39 described as
follows:
Lots 18 through.56 and 69 through 76, all
inclusive
THIRD TRACT: All those lands described and con-
veyed in a deed from Portsmouth Paving Company,
Inc. to Construction Associates, Incorporated
dated August 23, 1962, recorded in Book 97, page
469, of the Currituck County Registry which are
not platted as a portion of Section 8, Carova
Beach recorded in Map Book 3, page 13, and Section
10, Map Book 4, pages 38-39, Currituck County
Registry.
IT BEING a portion of that property conveyed to
Grantors by the following deeds:
Deed dated June 30, 1982, from 11. Glenn Gray, et,
al, to 11. Glenn Gray, et al, and duly filed for
record in the Currituck County Registry in Book
201, page 335. Amelia G. McLean having resigned
as Co -Trustee on April 2, 1985, and the other
2

Book 275 PAGE 487
Tax Lot No. Parcel Identifier No.
Verified by County on the day of
19—_, by
Mail after recording to Kaufman & Canoles, Attention:
Michael H. Nuckols, 1104 Laskin Road, Virginia Beach,
Virginia 23451
This instrument was prepared by Kaufman & Canoles
Brief description for the Index: Lots 4, 17, 18, 22 through
26, 51, 54 and 61, all inclusive, Section 8; Lots 18 through
56 and 69 through 76, all inclusive, Section 10; and acreage,
Carova Beach
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED, Made this 2nd day of April, 1990,
by and between:
GRANTORS
H. GLENN GRAY, JEAN M. DAVIS
and SOVRAN BANK, N.A., succes-
sor to VIRGINIA NATIONAL Bank,
a national banking association,
as Co -Trustees of the Trust
created under ARTICLE VI of the
of Geprge T. McLean, deceased
Post Office Drawer J
700 Crawford Street
Portsmouth, VA 23705
H. GLENN GRAY and DOLORES GRAY,
his wife
Post Office Drawer J
700 Crawford Street
Portsmouth, VA 23705
JEAN M. DAVIS, unmarried
Oak Hill Farm
1392 Lexington Road
Harrodsburg, KY 40330
0
ALEXANDER P. MCLEAN, JR. and
MARTHA W. MCLEAN, his wife
u
9348 Elipse Drive
Suffolk, VA 23422
i
H. GLENN GRAY, Co -Executor of
the Estate of Joseph J. Garner,
Jr., deceased
Post Office Drawer J
700 Crawford Street
Portsmouth, VA 23705
GRANTEE
H. ;GLENNgGRAY,.,TRUSTEE,
o£.theiMcLeanyGarner
Land Trust under
Agreement dated April 2,
1990
Post Office Drawer J
700 Crawford Street
Portsmouth, VA 23705
GRANTORS continued on next page . . .
"LAND TRANSFER TAX
1 AMOUNT'QCnr Sp+�
DATE PAID
COLLECTOR

• DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL/PROCESSING RECORD
A)
C)
APPLICANT: John Gill and McLean Garner Land Trust
COUNTY: Currituck
LOCATION OF PROJECT: Lots 44 and 45 on Swan Road, Carova Beach, Currituck County
DATE APPLICATION RECEIVED COMPLETE BY FIELD: April 25, 1996
FIELD RECOMMENDATION: Attached - Yes To Be Forwarded - No
CONSISTENCY DETERMINATION: Attached - Yes To Be Forwarded - No
FIELD REPRESENTATIVE: Lynn W. Mathis
DISTRICT MANAGER REVIEW:
DATE APPLICATION RECEIVED IN RAL
PUBLIC NOTICE REC'D: n i C
ADJ. RIP. PROP NOTICES REC'D:
APPLICATION ASSIGNED TO: \'rwx't:
75 DAY DEADLINE: 7 — 9 - 9V
MAIL OUT DATE:
FEDERAL DUE DATE:
PERMIT FINAL ACTION
DISTRICT OFFICE: Elizabeth City
-3- /
EE REC'D:$ ✓
E DATE:
REC'D:
_7 _q
150 DAY DEADLINE:
STATE DUE DATE: �j 1 9 4
FED. COMMENTS REC'D:
DENY DRAFT ON - 0
AGENCY
DATE COMMENTS
RETURNED
OBJECTIONS
YES NO
NOTES
Coastal Management Dist. Office
Div. of Community Assistance
_ !
Land Quality Section
I
6-/0-46�-
Div. of Env. Managements -(y
Vr�•' i S
State Property Office
5.3/_�/
Div. of Archives & History
_ -�-C1
Div. of Env. Health 6-'7 Ri
r- %q-q
Div. of Highways
Wildlife Resources Commission
- S-
Div. of Water Resources -� H-
6 - 24
(/ h
Div. of Marine Fisheries
- .3
EVE

011
State of North Carolina
Department of Environment,
Health and Natural Resources •
Division of Coastal Management
James B. Hunt, Jr., Governor p E H N FR
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
MEMORANDUM
TO: John Parker, Jr.
FROM: Lynn W. Mathi��
SUBJECT: Currituck County Land Use Plan Consistency for CAMA Major Permit
fnr Tnhn Gill and McLean/Garner Land Trust
DATE: May 14, 1996
While the development being proposed does not necessarily represent what one might call a best
management approach. I can find no inconsistency with state or local policy. Based on my
findings I would recommend approved, I would like to offer the following conditions:
1) All fill material will be clean and free of any pollutants, except in trace
quantities. Metal products, organic materials, or unsightly debris will not be used.
d000'2) The area where an existing culvert will be removed shall be backfilled and
vegetated to prevent erosion into adjacent waters.
3) NOTE: The permittee will maintain the authorized work in good condition and
in conformance with the terms and conditions of this permit. The permittee is not
relieved of this requirement if he abandons the project without having the permit
transferred to a third -party.
N
MAY 17 ,o
1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper

Ob
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
uI u I A_. I
E:)EHNFR
TO: John Parker, Jr.
FROM: Lynn W. Mathis\�) C_L7
SUBJECT: Currituck County Land Use Plan Consistency for CAMA Major P
for John Gill and McLean Garner Land Trust DATE: May 14, 1996
The property in question is classified by the Currituck County Land Use Plan as being]
Transition and Conservation. Areas located within CAMA Areas of Environmental Concern
(AECs) are within the Conservation Class (Pg. 103), while the northern portion of the Currituck
Outer Banks is noted as being within the Limited Transition Class (Pg. 99 & 100). The Limited
Transition Class provides for "... development in areas that will have some services, but are
suitable for lower densities than those associated with the urban transition class, and/or are
geographically remote from existing towns and municipalities". The Conservation Class, " . .
provides for the effective long-term management and protection of significant, limited or
irreplaceable areas. Management is needed due to the natural, cultural, recreational, scenic or
natural productive values of both local and more than local concern".
Goal 7.9 on page 74: "To assure development is sensitive to the physical constraints of the
land". One strategy listed under this goal is to prohibit development in areas where sewage
treatment would occur on soils that are considered unsuitable unless the sewage can be pumped
to soils that are suitable. One might argue that the location of the proposed development is on
land that is marginal at best. The use of a groundwater lowering device indicates the marginal
capabilities of the land to maintain a septic system, but it does not necessarily reflect the
suitability of the soil itself. The hydrology is unsuitable and must be altered to support on site
sewage, while the soil is considered suitable by the Currituck County Health Department.
Goal 5.1 on page 46 states: "To encourage a variety of residential developments offering a high
quality of life for residents and having limited negative impact on the environment." Based on
the wording in goal 5.1 it appears that the activities being proposed can be considered as having
a limited negative impact and are therefore consistent with the Currituck County Land Use Plan.
1367 U.S. 17 South. Elizabeth City. North Carolina 27909 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Actlon Employer 50% recycled/ 10%post-consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
MEMORANDUM
TO:
FROM:
SUBJECT:
May 3, 1996
Mr. Bruce L. Freeman, Director
Division of Marine Fisheries
John R. Parker, Jr.
Major Permits Processing Coordinator
1DEHNFR
CAMA/DREDGE & FILL Permit Application Review
Applicant: John�jll and McLean Garner Land Trust.
'rRICE-21VE8
'11IN 3 19
COASIAL
MANA EMENT�
Project Location: Lots 44 and 45 on Swan Road, Carova Beach, Currituck County
Proposed Project: To fill 4,272 square feet of Section 404 wetlands on two lots in
Carova Beach, to facilitate residential development. The project
will include the installation of 636 linear feet of draintile to
lower the groundwater on the property, and the construction of two
dwellings and their associated septic systems and wells.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form by May 24, 1996. If you have any questions regarding the proposed
project, please contact Lynn W. Mathis at [phone]. When appropriate, in-depth
comments with supporting data is 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.
Sign-ed.�/> //� Date
1367 U.S. 17 South. Elizabeth City. North Carolina 27909 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Acton Employer 50% recycled/ 10%post-consumer paper

• State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Marine Fisheries
J
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Bruce L. Freeman, Director
MEMORANDUM:
/ffl.:'
� L
[DEHNPit
TO: John R. Parker, Jr., DCM Major Permit Processing Coordinator
THROUGH: P. A. Wojciechowski, Permit Coordinator
FROM: Sara E. Winslow, Biologist Supervisor
SUBJECT: Jphn Gill and McLean Garner Land Trt146.
DATE: May 16, 1996
The following comments by the North Carolina, Division of Marine Fisheries are
provided pursuant to General Statute 113-131.
This agency is concerned with the filling of 4,272 square feet of wetlands. Wetlands
are of great importance serving as sources of biological productivity and providing food
directly and indirectly. Finally, wetlands perform important roles in modifying acute impacts
of hydrologic events, moderating stormwater flows, trapping sediments, and providing
nutrients for incorporation into resident plants.
The Division also expresses concern with the close proximity of the drain lines to the
canal (25 to 35 ft) and the three outlets into the canal. It appears that this could impact the
water quality of the canal and connecting waters.
t>fn i..s,as'C4 ",
Even though the LUP review is not included in the application, this agency would
question if the project is consistent.
qys 6ee„ 4') lens;<k
T�
RECEIVEO
JUN , 3 1996
COas iAt
MANAGEMENT
P.O. Box 769, Morehead City, North Carolina 28557-0769 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Marine Fisheries l
James B. Hunt, Jr., Governor p E
Jonathan B. Howes, Secretary
Bruce L. Freeman, Director
31 May 1996
MEMORANDUM
TO: John Parker
FROM: P.A. Wojciechowski
SUBJECT: CAMA/DREDGE & FILL Permit Application
John Gill and McLean Garner Land Trust
Attached is the Division's reply for the above referenced project. If you have any
questions, please don't hesitate to contact me.
PAW/bc
1
REC� vED
JUN13 1996
COAs(AL
MANAGEMENT

,TUH 24 ' 96 C19 F 44AN P .
State of Norti � -- irolina
Health any Natt of ural Resources
Division of Coastal Management A"Vr
James B. Hunt, Jr„ Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
MEMORANDUM
TO:
FROM:
May 3, 1996
Ms. Patti Fowler
Shellfish Sanitation Section
John R. Parker, Jr.
Major Permits Processing Coordinator
SUBJEC'_: CRP-;n/DREDGE & FILL Permit Application :�evtaw
Applicant: W.7ohn Gi'_1 and McLean Garner Land Trust
Project ;,ecatio Lots 44 and 45 or: Swarm Road, Carova Beach, Currituek County
oposed Project: To fill 4,272 sq•aare feet of section 4C4 wetlands on two lots in
Careva Beach, to racilitate residential devcloprient. The project
will include the installation. of 636 linear feet of draintile to
lower the groundwater on the property, and the construction of two
dwellings and their associated septic systems and we119.
Please indicate below your agency's posi--ion or viewpoint on the proposed protect and
return this fOrm by May 24, 1990. If you have any questions regarding the proposed
project, please contact Lynn W. Mathis at [phone]. When appropriate, in-depth
continents with supporting data is requested.
REPLY This agency has no objection to the project as proposed.
T� This agency has no comn.ent on the proposed project.
This agency approves of the project only if the recommended Chan^yes
are incorporated. See attached.
This agency objects to the crojec` for reasons described in the
( lat-ached
Signed `f=yJA C `,:-s:Ie-.C,/ % pe.e ,�i---�-t-'1--`�--
,.:n• .:r.ac, t ; :'tj,'North Garcll-ka "'709 ,hone 919.204-59c1 F?.X 9!9-2b4.372:;
cgns.;met paper
, rr).. a l+cc�`l 'a , _:!atlj 'a_ •out
fr++

JUM 24 '96 09:45AM
Comments
P.3
John Gill and McLean Garner Land Trust
r
currituck County
The applicant should be advised to contact the local health department
their requirements for septic tank installations (as required under 15A
18A. 1900 at. seq.1. For information concerning septic tank and other
disposal methods, contact the Curtituck County Health Department.
regarding
NCAC
on -site waste
Page 1

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James13. Hunt, Jr., Govemor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Dire cto r
APPROVAL of 401 Water Quality Certification
Jttlut Gill and McLean Gamer Land Trust
c/o Riggs Realty
P.O. Box 400
Corolla, NC 27927
Dear Sirs:
Q��
IDFEE HNR
July 3, 1996
Currituck County
DWQ Project # 960451
You have our approval to place fill material in 0.1 acres of wetlands or waters for the purpose of
facilitating residential development at lots 44 and 45 on Swan Road, Carova Beach, as you described in your
application dated 17 May 1996. After reviewing your application, we have decided that this fill is covered
by General Water Quality Certification Number 3025.
This approval is only valid for the purpose and design that you described in your application. If you
change your project, you must notify us and you may be required to send us a new application. For this
approval to be valid, you must follow the conditions listed in the attached certification. In addition, you
should get any other federal, state or local permits before you go ahead with your project
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a
written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its
conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone John Domey at 919-733-1786.
Sincerely,
CMANAGEMENT
n How r. P.E.Attachment
cc: Wilmington District Corps of Engineers Corps of Engineers Washington Field Office
Washington DWQ Regional OfficeMr. John Domey Central Files
John Parker, DCM
George Wood; Environmental Professionals
9604511tr
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
May 10, 1996
MEMORANDUM
TO: Mr. Charles R. Fullwood, Jr., Director
Wildlife Resources Commission
Attn: Habitat Conservation Program
1�
IDEHNFR
FROM: John Parker, Jr.
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review J1 121
APPLICANT:+ Gill &McLean Garner
Ricci
o> MAY 2$
PROJECT LOCATION: Lorts 44 & 45 on Swan Rd., Carove Beach, Cumtu o. C�Eco N
PROPOSED PROJECT: To fill `404 wetlands on the two lots. j A
Please indicate below your agency's position or viewpoint on the proposed and return this fonn�y May
31,1996. If you have any questions regarding the proposed project, please contact John Parker at 733-
2293. When appropriate, in-depth comments with supporting data are requested.
REPLY This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project, only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
Signed I)JJ,: &Aa %sltl Date G
N Cw?k
May 21, 1993
P.O. Box 27687, N%4w*
� FAX [phone]
Raleigh, North Carolina 27611-7687 CAn Equal Opportunity/AfBrmattve Action Employer
Voice 919-733-2293 50% recycled/10% post -consumer paper

.0- N
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
May 10, 1996
MEMORANDUM
TO: Ms. Renee Gledhill -Early
Environmental Review Coordinator
Division of Archives and History
IDEHNFR
FROM: John Parker, Jr.
Major Permits Processing Coordinator
rJUN7
SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: John Gill & McLean Garner Land Trust
PROJECT LOCATION: Lots 44 & 45 on Swan Rd., Carova Beach, Currituck
PROPOSED PROJECT: To fill `404 wetlands on the two lots.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
May 31, 1996. If you have any questions regarding the proposed project, please contact John Parker at
733-2293. When appropriate, in-depth comments with supporting data are requested.
REPLY This agency has no objection to the project as proposed.
_�Z_ This agency has no comment on the proposed project.
This agency approves of the project, only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
Signed Date V-5/��
P.O. Box 27687, �C
FAX [phone]
Raleigh, North Carolina 27611-7687 An Equal Opportunity/Affirmative Action Employer
Voice 919-733-2293 50% recycled/10% post -consumer paper

W
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
May 31, 1996
A 0011'
EDEHNFR
MEMORANDUM c�
V
f A1se �
TO: Mr. Joe Henderson, Acting Director `� ?y ti
State Property Office e,
Department of Administration �szBZCzyZ+b�
FROM: John Parker, Jr.
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application ReviewC444),
APPLICANT: John Gill & McLean Garner Land TrustPROJECT LOCATION: Lots 44 & 45 on Swan Rd., Carova Beach, Currituck CPROPOSED PROJECT: To fill `404 wetlands on the two lots.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
May 31, 1996. If you have any questions regarding the proposed project, please contact John Parker at
733-2293. When appropriate, in-depth comments with supporting data are requested.
REPLY ✓ This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project, only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
Signed ' l IL Date S — a) — 91
P.O. Box 27687, Me" C FAX [phone]
Raleigh, North Carolina 27611-7687 An Equal FAX
Action Employer
Voice 919-733-2293 50% recycled/10% post -consumer paper

State of North Carolina
Department of Environment, FIWA
Health and Natural Resources •
Division of Coastal Management
James B. Hunt, Jr., Governor p E H N FR
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
May 3, 1996
MEMORANDUM
TO: Mr. Robert E. Chandler, Director
Division of Community Assistance
FROM: John R. Parker, Jr.
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Jcon Gill and McLean r..a rnPr �.^�Trust
i
Project Location: Lots 44 and 45 on Swan Road, Carova Beach, Currituck County
Proposed Project: To fill 4,272 square feet of Section 404 wetlands on two lots in
Carova Beach, to facilitate residential development. The project
will include the installation of 636 linear feet of draintile to
lower the groundwater on the property, and the construction of two
dwellings and their associated septic systems and wells.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form by May 24, 1996. If you have any questions regarding the proposed
project, please contact Lynn W. Mathis at [phone]. When appropriate, in-depth
comments with supporting data is requested.
REPLY This agency has no objection to the project as proposed.
OF if-�' This agency has no comment on the proposed project.
Signed
This agency approves of the project only if the recommended changes
attached.
o the project for reasons described in the
Date II IfW { J /L4
1 MAY-4 19
b7ANAASfAt 96
DEMENT
1367 U.S. 17 South, Elizabeth Clay, North Carolina 27909 Telephone [phone] FAX
An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer

State of North Carolina
Department of Environment,
Health and Natural Resources •
Division of Coastal Management
James B. Hunt, Jr., Governor p E H N FR Jonathan B. Howes, Secretary
Roger N. Schecter, Director
May 3, 1996
7,77.=1, i
TO: Mr. Charles Gardner, Director
Division of Land Resources
FROM: John R. Parker, Jr.
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: JoJja Gil], ,and McLean_Garner_,
Project Location: Lots 44 and 45 on Swan Road, Carova Beach, Currituck County
Proposed Project: To fill 4,272 square feet of Section 404 wetlands on two lots in
Carova Beach, to facilitate residential development. The project
will include the installation of 636 linear feet of draintile to
lower the groundwater on the property, and the construction of two
dwellings and their associated septic systems and wells.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form by May 24, 1996. If you have any questions regarding the proposed
project, please contact Lynn W. Mathis at [phone]. When appropriate, in-depth
comments with supporting data is requested.
REPLY This agency has no objection to the project as proposed.
4110This 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 for reasons dedcribed in the
attached comments.
RECEIvEO
Signed Dat J S �O
MAY 16 1996
(it,n..f HLrW
MANAGEMENT ;
1367 U.S. 17 South, Elizabeth Clty, North Carolina 27909 Telephone [phone] FAX [phone]
An Equal Opportunity Afflrmative Action Employer 50% recycled/ 10% post -consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
May 31, 1996
lu 11Nr51111". 0111171J1
TO: Mr. Larry R. Goode, Phd., P.E.
Highway Administrator
Division of Highways
FROM: John Parker, Jr.
Major Permits Processing Coordinator
A '",
EDEEHNFR
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
APPLICANT: J Trust
PROJECT LOCATION: Lots 44 & 45 on Swan Rd., Carova Beach, Currituck Co.
PROPOSED PROJECT: To fill `404 wetlands on the two lots.
Please indicate below your agency's position or viewpoint on the proposed project and return
May 31,1996. If you have any questions regarding the proposed project, please contact
733-2293. When appropriate, in-depth comments with supporting data are requested
REPLY This agency has no objection to the project as
This agency has no comment on the proposed project.
This agency approves of the project, only if the recommended
incorporated. See attached.
by
RECE VEO
1771 1996
are
project for reasons described in the attached comments.
IS Date
P.O. Box 27687, Nt
�FAX [phone]
Raleigh, North Carolina 27611-7687 CAn Equal Opportunity/Afflrrnattve Action Employer
Voice 919-733-2293 I Rld74lf7'a� 50% recycled/10% post -consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
May 31, 1996
MEMORANDUM
TO: Mr. John Sutherland, Chief
Water Planning Section
Division of Water Resources
FROM: John Parker, Jr.
Major Permits Processing Coordinator
1rahwA
IDEHNFR
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
APPLICANT: Jo st
PROJECT LOCATION: Lots 44 & 45 on Swan Rd., Carova Beach Co.
PROPOSED PROJECT: To fill `404 wetlands on two lots.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
May 31,1996. If you have any questions regarding the proposed project, please con"tJ733-2293. When appropriate, in-depth comments with supporting data are requested !
JUN 271996
REPLY This agency has no objection to the project as propos Cor6lkL
A!l C
041— This agency has no comment on the proposed project. �<
This agency approves of the project, only if the
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
Signed lr— Date d1241 tl
P.O. Box 27687. Ntv
�FAX [phone]
Raleigh, North Carolina 27611-7687 CAn Equal Opportunity/Affirmative Action Employer
Voice 919-733-2293 50% recycled/ 10% post -consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
May 15, 1996
MEMORANDUM
TO: P. A. "Ski" Wojciechowski
Division of Marine Fisheries
1�
IDEHNFR
r[!nN
DMF-PUB. TUSUBLANDS
FROM: John Parker NV"
� 1�CF
dc"
Major Permits Processing Coordinator M
c SUBJECT: CAMA/Dredge and Fill Permit Application Review c cc, y6
APPLICANT: Joik McLean Garner Land Trust r
9 �
PROJECT LOCATION: Lots 44 and 45 on Swan Raod, Carova Beach, Curritu
PROPOSED PROJECT: To fill 4,272 sq. Ft. of `404 wetlands on 2 lots in Carova Beach.
Please indicate below your agency's position or findings on the proposed project as it relates to
matters of public trust. If you have any questions regarding the proposed project, contact John
Parker at 733-2293 or the DCM field representative for the project. This form should be used only
for tracking and intra-agency commenting.
REPLY There are no known public trust conflicts with the project location or design.
There appear to be public trust conflicts that require additional investigation.
Approximately _ days additional review time is needed.
It is recommended that changes be made to the project to reduce or eliminate
public trust conflicts, as discussed in the attached memo.
Signed Date
P.O. Box 27687, N�
Raleigh, North Carolina 27611-7687 1, An Equal Opportunity/Affirmative Action Employer
Voice 919-733-2293 50% recycled/10% post -consumer paper

4
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF June 24, 1996
Regulatory Branch
Action ID No. 199601724
Mr. John Parker
Division of Coastal Management
North Carolina Department of Environment,
Health, and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Parker:
Reference the application of the �*cLean Garnb�l Trust
for a Department of the Army (DA) permit to place fill materialinto Section 404
wetlands, on property identified as Lots 44 and 45, Carova Beach Subdivision,
located off Swan Road, adjacent a man-made canal to the Currituck Sound, in
Carova, Currituck 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 condition(s) be included in the State
authorization:
400 1. All work authorized by this permit must be performed in strict
Compliance with the permit plans.
2. No vegetated wetlands will be excavated or filled outside of the
authorized fill area.
3. The temporary placement or double handling of excavated or fill
materials within waters or vegetated wetlands is not authorized.
4. The fill material will be clean and free of any pollutants except in
trace quantities. Metal products, organic materials, or unsightly debris will
not be used.
v 5. The permittee will maintain the authorized work in good condition and
in conformance with the terms and conditions of this permit. The permittee is
not relieved of this requirement if he abandons the permitted activity without
having it transferred to a third party.
Questions or comments may be addressed to Mr. Raleigh Bland, Washington
Field Office, Regulatory Branch, telephone [phone], extension 23.
Sincerely
U 12
0
Raleighk land, P.W.S.
Regulatory Project Mana U/U28
�A F E 00IVT 6

-2-
Copies Furnished:
Mr. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of Environment,
Health, and Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Mr. John Hefner
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Mr. Thomas Welborn, Chief
Wetlands Regulatory Section - Region IV
Wetlands, Oceans and Watersheds Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. Richard Watts, District Manager
Elizabeth City Regional office
North Carolina Division of Coastal Management
1367 U.S. 17 South
Elizabeth City, North Carolina 27909

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. Box 1890 50
WILMINGTON, NORTH CAROLINA 28402.1890
REPLY TO
ATTENTION OF
May 15, 1996
Regulatory Branch
Action ID No. 199601724
Mr. John Dorney
Division of Environmental Management
North Carolina Department of Environment,
Health and Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27611-7687
Dear Mr. Dorney:
Enclosed is the application of the John Gill and McLean Garner Land Trust
for Department of the Army (DA) authorization and a State Water Quality
Certification to place fill material into Section 404 wetlands, on property
identified as Lots 44 and 45, Carova Beach Subdivision, located off Swan Road,
adjacent a man-made canal to the Currituck Sound, in Carova, Currituck County,
North Carolina. Your receipt of this letter verifies your acceptance of a
valid request for certification in accordance with Section 325.2(b)(ii) of our
administrative regulations.
We are considering authorizing the proposed activity pursuant to
Section 404 of the Clean Water Act, and we have determined that a water
quality certification is required under the provisions of Section 401 of the
same law. A Department of the Army permit will not be granted until the
certification has been obtained or waived.
According to our administrative regulations, 60 days is reasonable for
State action. Therefore, if you have not acted on the request, or asked for an
extension of time, by July 8, 1996, the District Engineer will deem that
waiver has occurred.
Questions or comments may be addressed to Mr. Raleigh Bland, Washington
Regulatory Field Office, telephone [phone], extension 23.
Sincerely,
Raleigh Bland, P.W.S.
Regulatory Project Manager
Enclosure
Co ies Furnished (without enclosure):
r. John Parker
Division of Coastal Management
North Carolina Department of Environment,
Health and Natural ResourcesPost Office ILCE�VC�
Raleigh, North MA
hCo
Carolina 27611-7687 - 198
Co 6
11A 'GUENT

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
REPLY TO May 15, 1996
ATTENTION OF
Regulatory Branch
Action ID No. 199601724
John Gill and McLean Garner Land Trust
c/o Riggs Realty
Post Office Box 400
Corolla, North Carolina 27927
Dear Sirs:
On February 11, 1991, we renewed General Permit No. 198000291 (copy
enclosed), which provides Federal authorization for construction activities
that receive authorization from the State of North Carolina.
A review of your application received May 7, 1996, for Department of
the Army (DA) authorization to place fill material into Section 404 wetlands,
on property identified as Lots 44 and 45, Carova Beach Subdivision, located
off Swan Road, adjacent a man-made canal to the Currituck Sound, in Carova,
Currituck County, North Carolina, indicates it to be a candidate for Federal
authorization under this general permit. Accordingly, the administrative
processing of your application will be accomplished by the North Carolina
Division of Coastal Management. Comments from Federal review agencies will
be furnished to the State.
If your application must be withdrawn from this general permit process
for any reason, you will be informed regarding its further management. If
there are no unresolved differences in State -Federal positions or policies,
the final action taken on your application by the State will result in your
receiving written notice from us that your application is consistent with the
general permit and you may commence your activity. Only after receiving such
confirmation should you begin work.
Your application, pursuant to Section 404 of the Clean Water Act, has
been assigned Action ID No. 199601724. It will be coordinated by Mr. Raleigh
Bland in our Washington Regulatory Field Office. Mr. Bland is available at
telephone [phone], extension 23.
Sincerely,
Raleigh Bland, P.W.S.
Regulatory Project Manager
Enclosure

-2-
Copies Furnished (without enclosure):
Mr. John Parker
J�ivision of Coastal Management
/North Carolina Department of Environment,
✓ Health and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of Environment,
Health and Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Mr. John Hefner
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
Mr. Thomas Welborn, Chief
Wetlands Regulatory Section - Region IV
Wetlands, Oceans and Watersheds Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. Richard Watts, District Manager
Elizabeth City Regional Office
North Carolina Division of Coastal Management
1367 U.S. 17 South
Elizabeth city, North Carolina 27909
_ .�
' E VEP
COASPAL
"A6EMENT

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
REPLYTO ATTEN I q 9
ATTENTION OF
Regulatory Branch
qp I
Action ID. I I I �, (a q I Applicant i I I Gn� G4YrP'6/ t'4 r� -- ruS
rr YIT
Waterway C-�1YW�k �ftv',O County CuYY i G C Type Work W,
A n i 11
Mr. Larry Hardy
National Marine Fisheries
Scrvice, NOAA
Pivers Island
Beaufort, North Carolina 28516
Fish and Wildlife Enhancement
U. S.Fish and Wildlife Service
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Thomas Welborn, Chief
Wetlands Regulatory Section -Region IV
Wetlands, Oceans and Watersheds Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Gentlemen:
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
1 v R hf
C, Regional Office
Division of Codstal Management
North Carolina Department of
Environment, Heallth and
Natural Resources
JiLi U5 11
,Gsl:'Lc (, 1'Ignq
Pursuant to Action ID No. 198000291, the CAMA-Corps general permit/processing
agreement, a State Field Investigation Report is enclosed. Your comments and/or
recommendations would be appreciated on or before 5 w e 1 1 11 L
I
Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory
Field Office, telephone [phone], extension 23.
Sincerely, ►' I-
1 �
OV
aZ o`y96
Raleigh Band
Regulatory Project Manager
Enclosure