20-96 Renewal Cutty Sark Development Corp. (2)

Permit Class Permit Number
2aa RENEWAL 20-96
STATE OF NORTH CAROLINA
U
Pp ent of Environment and Natural Resources RECEIVEL
U and
Coastal Resources Commission JAN 13 2003
PrMit D1d.OFGOASST MANASSEUMT
RAILE
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Cutty Sark Development Corp., PO Box 220, Avon, NC 27915
Authorizing development in Dare County at adi. Mariner's Cove and Pamlico Sound. off
NC 12 in Avon , as requested in the permittee's application dated letters dated 12/20/01. and
10/31/02 including attached workolan drawings (2) dated received 11/4/02. -
This permit, issued on Deremher 3, 2602 , 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
oe suoJect ui tines, imprisonment or civii action; or may cause me permit to oe nun ana voia.
1) This renewal must be attached to the original of Permit #20-96 which was issued on 2/14/96, as well
as the renewal dated 2/10/00, and all documents must be readily available on site when Division
personnel inspect the project for compliance.
2) All conditions and stipulations of the active permit, including the dimensions of the area to be
dredged, shall remain in force under this renewal.
NOTE: Effective 8/1/00, the Coastal Shoreline AEC category was amended to include the Public Trust
Shoreline AEC. The permittee is advised that any future development within 30 feet of the mean
high water line may require additional permit authorization from the Division.
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 Division approval.
All work must cease when the permit eipires on
December 31, 2003
In issuing this permit, the State of North Carolina agees
that your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
Donna D. Moffitt, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
/� I i
Signature. u

AWA
UUU NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
December 4, 2002
Cutty Sark Development Corp.
Post Office Box 220
Avon, NC 27915
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 150E 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 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.
Enclosure
Sincerely,
Douglas V. Huggett
Major Permits and Consistency Manager
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone] \ FAX: [phone] \ Internet: http://dcm2.enr.state.nc.us
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
Fax Transmittal
Date: December 3, 2002
To: DCM Elizabeth City
Fax#: [phone]
From: Kristie Corson
#Pages: 2, including cover sheet
Subject: CAMA Major Permit - 2nd Renewal # 20-96
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
Fax Transmittal
Date: December 3, 2002
To: Raleigh Bland
Office: U.S. Corps of Engineers - Washington Regulatory Field
Fax#: [phone]
From: Kristie Corson
#Pages: 2, including cover sheet
Subject: CAMA Major Permit — 2"d Renewal # 20-96
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone] \ FAX: [phone] \ Internet: www riccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer —50% Recycled \ 10% Post Consumer Paper

Permit Class
2nd RENEWAL
Permit Number
20-96
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
Permit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Cutty Sark Development Corp., PO Box 220, Avon, NC 27915
Authorizing development in Dare County at adi. Mariner's Cove and Pamlico Sound. off
NC 12 in Avon , as requested in the permittee's application dated letters dated 12/20/01 and
10/31/02 including attached woftlan drawings (2) dated received 11/4/02.
This permit, issued on December 39 2002 , 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
uc suuJccL w uucs, wiprmumuetn ur clvll acnV11; ur may cause me permit 10 De null anQ VOW.
1) This renewal must be attached to the original of Permit #20-96 which was issued on 2/14/96, as well
as the renewal dated 2/10/00, and all documents must be readily available on site when Division
personnel inspect the project for compliance.
2) All conditions and stipulations of the active permit, including the dimensions of the area to be
dredged, shall remain in force under this renewal.
NOTE: Effective 8/1/00, the Coastal Shoreline AEC category was amended to include the Public Trust
Shoreline AEC. The permittee is advised that any future development within 30 feet of the mean
high water line may require additional permit authorization from the Division.
'Phis 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 Division approval.
All work must cease when the permit expires on
December 31, 2003
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
Donna D. Moffitt, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Permit Class
2°a RENEWAL
Permit Number
20-96
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
i3ermit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Cutty Sark Development Corp., PO Box 220, Avon, NC 27915
Authorizing development in Dare County at adj. Mariner's Cove and Pamlico Sound, off
NC 12 in Avon —,as requested in the permittee's application dated letters dated 12/20/01. and
10/31/02 including attached workplan drawings (2) dated received 11/4/02.
This permit, issued on DFremher 3, 2002 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
oe suojecr to Imes, imprisonment or civtt action; or may cause me permit to Lie nuu and void.
1) This renewal must be attached to the original of Permit #20-96 which was issued on 2/14/96, as well
as the renewal dated 2/10/00, and all documents must be readily available on site when Division
personnel inspect the project for compliance.
2) All conditions and stipulations of the active permit, including the dimensions of the area to be
dredged, shall remain in force under this renewal.
NOTE: Effective 8/1/00, the Coastal Shoreline AEC category was amended to include the Public Trust
Shoreline AEC. The permittee is advised that any future development within 30 feet of the mean
high water line may require additional permit authorization from the Division.
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 Division approval.
All work must cease when the permit expires on
December 31, 2003
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
Donna D. Moffitt, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

((//A� A7jA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Directors ossJr.; Secretary
AUG 1 4 2001
Mr. Wallace L. Beckham, President
Cutty Sark Development Corp.
P. O. Box 220
Avon, NC 27915
August 12, 2002 DII�OIr "7Rt.f :iWE+:N3
Re: Renewal Request for CAMA Major Permit No. 20-96
Dear Mr. Beckham:
Thank you for sending in water depth information concerning your request to renew CAMA
Major Permit No. 20-96. However, I did not receive any platwork that indicates where your
sounding sites are located. I have attached a copy of your information. I must be able to over lay
these sites on your plat that was prepared for your original application. According to our records;
this plat was prepared by Environmental Professionals, Inc. on 8/28/1995, and has a project
number of 92-050. Please contact me at [phone] so that we can move forward in
reviewing your request.
Sincerely,
Dennis W. Hawthorn
Coastal Management Representative
cc: Charles S. Jones, DCM, Morehead City
Doug Huggett, DCM, Raleigh
Ted Sampson, DCM, Elizabeth City
Raleigh Bland, US COE, Washington, NC
1367 U.S.17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone]Internet: http:/Idcm2.enr.state.nc.us
An Equal Opportunity 1 Affirmative Acfion Employer — 50% Recycled I io% Post consumer Paper
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CC tf
NCDGNR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
TO: Doug HuggettNU .
THROUGH: Ted Sampson
FROM: Dennis W. Ha OW.��pRp►AEIGH ~
SUBJECT: Extension of CAMA Major Permit # 20-96, Cutty Sark Development,
Wallace Beckham, Dare County
DATE: November 18, 2002
On January 7, 2002, this office received a request from the penmittee to extend CAMA Major Permit #
20-96. This permit was issued to Cutty Sark Development, and authorized maintenance excavation of an
existing canal that connects to Mill Creek, a tributary to the Pamlico Sound in Avon, Dare County. This
permit expired on December 31, 2001.
On January 7, 2002 we received correspondence from Mr. Wallace Beckham, post marked December
21, 2001, requesting that this permit be extended. On February 1, 2002, Mr. Beckham was sent
correspondence confirming the receipt of his request. This letter also requested that information required
in 15A NCAC Subchapter 07J .0404 be provided, including statements regarding the project's status
pertaining to completion, as well as the required permit filing fee foK permit extensions. This
information was received by this office on February 14, 2002.
After a closer review of this project, it was decided that a revised plat concerning water depths, as well
as a site visit to confirm that the project was continuing was necessary. Due to the permittee's health and
financial constraints, this information was not received until November 4, 2002. The revised platwork
indicates that some portions of the canal are less than the authorized 5-foot depth, below MHW. The
permittee has submitted the $100 filing fee, check No. 3278, drawn on RBC Centura Bank. Mr.
Beckham has also supplied statements that the project is in compliance with the original permit
conditions. I have been able to confirm that work has been continuing. During my site visit, I noticed
that the canal, along the rear of Mr. Beckham's property, had visible signs of being maintained to some
degree in the last year. This canal was between 30 and 40 feet in width. It is significant to note that the
originally submitted platwork indicated that this canal width was much wider, over 100-ft. I am unable
to confirm as to whether this was the `approved' platwork and a revised plat was prepared. Mr.
Beckham's updated water depths use this same plat. The field report prepared by Lynn Mathis indicates
that the canal width in 1995 was approximately 30-ft.
1367 U.S.17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: http://dcm2.enr.state,nc.us
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper

Doug Huggett
Extension of CAMA Major Permit # 20-96, Cutty Sark Development
Wallace Beckham, Dare County
November 18, 2002
Page 2
I believe that the pemrittee has provided the information as required by NCAC 07J. During my meetings
with Mr. Beckham, he has stated he will abide by the conditions of the existing permit. I have no
objection to the renewal of this permit, so long as the permit renewal includes the conditions of the
existing permit, and the renewal includes a condition that the canal footprint shall not be modified
beyond the current footprint without a modification of this permit. In addition, that no excavation is
authorized in Mill Creek or the Pamlico Sound, again without the modification of this permit. A copy of
the above referenced check is attached, as well as the related correspondence, and pertinent permits and
plats.
cc : Raleigh Bland, USACE, Washington, NC;
Charles S. Jones, DCM

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Mr. Wallace L. Beckham, President February 1, 2002
Cutty Sark Development Corp.
P. 0. Box 220
Avon, NC 27915 Re : Renewal Request for CAMA Major Permit No. 20-96
Dear Mr. Beckham :
This letter is in reference to your December 20, 2001 letter requesting a renewal of CAMA Major
Permit No. 20-96. This permit authorized maintenance dredging of portions of Mariners Cove, a
tributary to the Pamlico Sound, located in the village of Avon in Dare County.
I have reviewed your extension request, and although I believe we will probably be able to grant
this request, I have noted that before I can submit this request to our Raleigh office Permit
Coordination Section with my recommendations, in accordance with 15A NCAC 07J .0404, I
need the following additional items or information.
[1] Some estimate of when you expect to be able to complete this dredging work;
[2] A statement that the current project is within compliance with the existing permit;
[3] No extension fee was included with your request letter. In accordance with 15A NCAC
07J .0404 (d), amended August 1, 2000, renewals require the remittance of a $100 fee.
This sum should be in the form of a check or money order made payable to the
Department (NCDENR).
I have enclosed a copy of these rules for your clarification and will be glad to process your
extension request as soon as I receive these additional items. In the meantime, if you have any
questions, or other concerns regarding this request, please contact me at [phone].
Sincerely,
Dennis W. Hawthorn
Coastal Management Representative
cc: Charles S. Jones, DCM, Morehead City
Doug Huggett, DCM, Raleigh
Ted Sampson, DCM, Elizabeth City
Raleigh Bland, US COE, Washington, NC

December 20, 2001 JAN 7 ZUQ
N.C. C.A.M.A.,
Route 6, Box 203
Elizabeth City, NC, 27909
COASTAL MANAGEMENT
ELIZABETH CITY
Re: Dredging Permit
Cutty Sark Development Corp.
Permit #2096
Dear Sir:
We are requesting an extension of time on permit due to the following
circumstances.
1. Medical- had 2 tumors removed from bladder and pace maker installed.
2. Financial
3. Contractor had excessive work load and could not complete by 12/31/2001
We have started project as of 12/15/1999 by excavating inside canal. We are not
requesting any modifications to original permit only an extension.
Thank you for your consideration on above request.
Sincerely,
Wallace L. Beckham, President
Catty Sark Development Corp.
P.O. Box 220
Avon, NC 27915

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RECEIVED
NCDENR
FEB n 8 Z*th Carolina Department of Environment and Natural Resources
Mie�NcAGEME0 Division of Coastal Management
IpW. p�Donna D. Moffitt, Director William G. Rosa Jr., Secretary
Mr. Wallace L. Beckham, President n J� Febrgary 1, 2002
Cutty Sark Development Corp. +
P. O. Box 220
Avon, NC 27915 Re : Renewal Request for CAMA Major Permit No. 20-96
Dear Mr. Beckham:
This letter is in reference to your December 20, 2001 letter requesting a renewal of CAMA Major
Permit No. 20-96. This permit authorized maintenance dredging of portions of Mariners Cove, a
tributary to the Pamlico Sound, located in the village of Avon in Dare County.
I have reviewed your extension request, and although I believe we will probably be able to grant
this request, I have noted that before I can submit this request to our Raleigh office Permit
Coordination Section with my recommendations, in accordance with 15A NCAC 07J .0404, I
need the following additional items or information.
[1] Some estimate of when you expect to be able to complete this dredging work;
[2] A statement that the current project is within compliance with the existing permit;
[3] No extension fee was included with your request letter. In accordance with 15A NCAC
07J.0404 (d), amended August 1, 2000, renewals require the remittance of a $100 fee. This sum
should be in the form of a check or money order made payable to the Department (NCDENR).
I have enclosed a copy of these rules for your clarification and will be glad to process your
extension request as soon as I receive these additional items. In the meantime, if you have any
questions, or other concerns regarding this request, please contact me at [phone].
Sincerely, f Zvev
Dennis W. Hawthorn
Coastal Management Representative
cc: C wles S. Jones, DCM, Morehead City
oug Huggett, DCM, Raleigh
Ted Sampson, DCM, Elizabeth City
Raleigh Bland, US COE, Washington, NC
1367 U.S.17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: http://dcm2,enr.state.nc,us
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper

- xx -C)O'J� g0ly-4
December 20, 2001
N.C. C.A.M.A.
Route 6, Box 203
Elizabeth City, NC, 27909
.: Hr-.IVED
JAN 7 631Jt
COAAGEMEW
ELIZABETH CITY
Re: Dredging Permit
Gutty Sark Development Corp.
Permit #2096
Dear Sir:
We are requesting an extension of time on permit due to the following
circumstances.
1. Medical- had 2 tumors removed from bladder and pace maker installed.
2. Financial
3. Contractor had excessive work load and could not complete by 12/31/2001
We have started project as of 12/15/1999 by excavating inside canal. We are not
requesting any modifications to original permit only an extension.
Thank you for your consideration on above request.
Sincerely,
Wallace L. Beckham, President
Catty Sark Development Corp.
P.O. Box 220
Avon, NC 27915

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North Carolina
Michael F. Easley, Govemor
A r
NCDENR
Department of Environment and Natural
Division of Coastal Management
Donna D. Moffitt, Director
RECEIVPFF-t
FEB 2, 7 2002
Res0ply pF COASTAL MANAGEMENT
ces RALEIGH
William G. Ross Jr., Secretary
February 25, 2002
Mr. Wallace L. Beckham, President 1 1-.R1.
Cutty Sark Development Corp. vV
P. O. Box 220
Avon, NC 27915 Re: Renewal Request for CAMA Major Permit No. 20-96
Dear Mr. Beckham:
Thank you for your February 12, 2002 letter concerning your request to extend CAMA Major
Permit No. 20-96. This permit authorized maintenance dredging of portions of Mariners Cove, a
tributary to the Pamlico Sound, as well as the maintenance excavation dredging and enlargement
of one of the connecting canals on your property located in the village of Avon in Dare County.
We are in receipt of check no. 3278 regarding the required filing fee for your CAMA Major
Permit extension request. Thank you, also, for your response to my questions concerning the
compliance of your existing work and when you plan to complete the project if your extension is
approved.
Currently, our records indicate that you have received one prior renewal for this permit and some
dredging excavation work had occurred prior to the granting of this last permit extension in
February 2000. Before I can proceed further in recommending that your extension request be
granted, I must also determine if you have undertaken any work associated with this project since
the last extension was granted. The distinction that work "has begun and is continuing * " is
necessary in determining that the permitted project is eligible for an additional extension to be
granted. So long as work remains continuing, we may grant two-year extensions until the project
is complete. Therefore, I need assurance from you that work authorized by this permit or directly
related to this project has been undertaken during the duration of the last permit extension.
Prior to granting a CAMA Major Permit extension, to bring the permit file up to date, the
pemuttee needs to provide a revised or up-to-date plat that depicts the current status of the
project. This plat needs to indicate what work has been completed, when it was completed and
how much work still remains to be completed. I also need to conduct a site visit of your project
to go along with the update of your permit file.
So that we could discuss your project and move forward in a more -timely manner, I have
attempted to contact you by telephone a few times in the last two weeks. Unfortunately, I have
1367 U.S.17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet h4:l/dcm2.enr.state.nc.us
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post consumer Paper

Mr. Wallace L. Beckham, President
Renewal Request for CAMA Major Permit No. 20-96
February 25, 2002
Page 2
not been successful or able to contact you in this manner. Generally, I am in my Elizabeth City
office each Monday (252 264 3901). I am typically on Hatteras Island at least two days a week.
Please contact me so that we can discuss your project and we can schedule a date and time to
meet on your project site.
I have also noted that the firm, Environmental Professionals, Inc., prepared your permit
application involving this project's original CAMA permit. If it will be inconvenient for you to
contact me or meet on -site, you may instead utilize this firm or some other third parry to assist in
meeting me. We may also be able to resolve this issue by telephone. Nonetheless, please contact
me at your earliest convenience so I can determine if your permit is eligible for another extension
and if so, recommend to our Division Permit Coordinator that you be granted another permit
renewal. I typically call my office in Elizabeth City each workday to check for messages. Again,
my phone number is [phone].
I have enclosed an additional copy of the applicable NC Statute concerning the extension of
CAMA Major Permits. I look forward to speaking with you concerning your request.
Since el
Dennis W. Hawthorn
Coastal Management
* This phrasing is generally interpreted as "work in progress" and this extension
requirement is found in NC Statute 15A NCAC 07J .0404, line 13. I believe this rule was
enclosed with my letter of February 1, 2002 to you.
cc: Charles S. Jones, DCM, Morehead City
Doug Huggett, DCM, Raleigh
Ted Sampson, DCM, Elizabeth City
Raleigh Bland, US COE, Washington, NC