20-96 Cutty Sark Development Corp.

Permit Class
Permit Number
STATE
Department of Env
X Major Devi
pursuantto
X Excavation and/or
Resources
Concern
e putsuazu to NCGS 113-229
Issued to Cutty Sark Development Corp.. P.O. 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 6/1 /95 including attached
wnr lnn� tinted R/2R/95 '
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. In order to protect adjacent properties, no dredging may take place within 15 feet of the
normal water line of any adjacent property, excluding the proposed subdivision lots.
NOTE: The State of North Carolina will not accept responsibility for damage to
adjacent properties which may occur as a result of the proposed project.
2. In order to protect juvenile shrimp and fmfish populations, no excavation or filling will
be permitted between March 1 and September 30 of any year without the prior approval
of the Division of Coastal Management, in consultation with the Division of Marine
Fisheries.
(See attached sheet for Additional Conditions)
This permiLaction 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 permit 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.
er N. Schecter, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

•_� 4
Cutty Sark Development Corp. Permit # 20-96
Page 2 of 3
ADDITIONAL CONDITIONS
N
3. Prior to the commencement of excavation, the permittee and his contractor shall meet
with representatives of the Division of Coastal Management and the U.S. Army Corps
of Engineers to review the alignment of the excavation area.
4. Excavation shall not exceed 5 feet below the normal high water level.
5. All excavated materials shall be confined above normal high water and landward of
regularly or irregularly flooded marsh behind adequate dikes or other retaining structures
to prevent spill -over of solids into any marsh or surrounding waters.
6. The disposal area effluent will be contained by pipe, trough, or similar device to a point
at or beyond the normal water level to prevent gully erosion and unnecessary siltation.
7. The terminal end of the pipeline will be positioned at or greater than fifty feet (50') from
any part of the dike and a maximum distance from spillways to allow settlement of
suspended solids.
8. A water control structure will be installed at the intake end of the effluent pipe to assure
compliance with water quality standards.
9. The diked disposal area will be constructed a sufficient distance from the normal high
water level or any marsh to eliminate the possibility of dike erosion into or upon any
marsh or surrounding waters.
UPLAND DEVELOPMENT
10. At the request of the permittee, the proposed access road through wetland areas on lots
1, 2 and 3 as shown on the 8/28/95 site plan is hereby deleted from the proposed
development.
NOTE: An Erosion and Sedimentation Control Plan will be required for this
project. This plan must be filed at least thirty (30) days prior to the
beginning of any land disturbing activities. Submit this plan to the
Department of Environment, Health and Natural Resources, Land Quality
Section, at 1424 Carolina Ave., Washington, NC 27889.

Cutty Sark Development Corp. Permit # 20-96
Page 3 of 3
NOTE: The permittee is advised that plans and specifications for all water system
improvements must be approved by the Division of Environmental Health
prior to the award of a contract or the initiation of construction (as
required by 15A NCAC 18C 0.0300 et. sqq.). For information, contact
the Public Water Supply Section, [phone].
NOTE: The permittee is encouraged to contact the local health department
regarding their requirements for septic tank installations (as required under
15 A NCAC 18A. 1900 et. seq.). For information concerning septic tank
and other on -site waste disposal methods, contact the Dare County Health
Department.
WATER QUALITY PROTECTION
11. The activity will be conducted in such a manner as to prevent a significant increase in
turbidity outside the area of construction or construction -related discharge. Increases
such that the turbidity in the waterbody is 25 NTU's or less in all saltwater classes are
not considered significant.
NOTE: The N.C. Division of Environmental Management authorized the proposed
development under 401 General Water Quality Certification No. 3025
(DEM Project No. 951007), which was issued on 12/27/95. The filling
of wetlands on lots 1, 2, and 3 as shown on the 8/28/95 site plan is not
authorized by this General Certification.
GENERAL
12. This permit does not authorize the excavation or filling of any vegetated wetlands.
13. The temporary placement or double handling of excavated or fill materials within waters
or vegetated wetlands is not authorized.
14. No attempt will be made by the permittee to prevent the full and free use by the public
of all navigable waters at or adjacent to the authorized work.
NOTE: This project may create mosquito breeding problems. For information
regarding appropriate mosquito control measures; contact the Public
Health Pest Management Section at [phone].

Permit Class
Permit Number
STATE
Department of Env
X Major Devi
pursuant to
X Excavation and/or
Resources
Concern
QUAM'111
mitsazrt to NCGS 113-229
Issued to _ Cutty Sark Development Corp., P.O. 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 6/1/95 including attached
war inn drawing dated R/9RAA
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. In order to protect adjacent properties, no dredging may take place within 15 feet of the
normal water line of any adjacent property, excluding the proposed subdivision lots.
NOTE: The State of North Carolina will not accept responsibility for damage to
adjacent properties which may occur as a result of the proposed project.
2. In order to protect juvenile shrimp and finfish populations, no excavation or filling will
be permitted between March 1 and September 30 of any year without the prior approval
of the Division of Coastal Management, in consultation with the Division of Marine
Fisheries.
(See attached sheet for Additional Conditions)
This permiLaction 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 permit 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.
1210-, WerN.Schecter, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Cutty Sark Development Corp. Permit #20-96
Page 2 of 3
ADDITIONAL CONDITIONS
a
3. Prior to the commencement of excavation, the permittee and his contractor shall meet
with representatives of the Division of Coastal Management and the U.S. Army Corps
of Engineers to review the alignment of the excavation area.
4. Excavation shall not exceed 5 feet below the normal high water level.
5. All excavated materials shall be confined above normal high water and landward of
regularly or irregularly flooded marsh behind adequate dikes or other retaining structures
to prevent spill -over of solids into any marsh or surrounding waters.
6. The disposal area effluent will be contained by pipe, trough, or similar device to a point
at or beyond the normal water level to prevent gully erosion and unnecessary siltation.
7. The terminal end of the pipeline will be positioned at or greater than fifty feet (50') from
any part of the dike and a maximum distance from spillways to allow settlement of
suspended solids.
8. A water control structure will be installed at the intake end of the effluent pipe to assure
compliance with water quality standards.
9. The diked disposal area will be constructed a sufficient distance from the normal high
water level or any marsh to eliminate the possibility of dike erosion into or upon any
marsh or surrounding waters.
UPLAND DEVELOPMENT
10. At the request of the permittee, the proposed access road through wetland areas on lots
1, 2 and 3 as shown on the 8/28/95 site plan is hereby deleted from the proposed
development..
NOTE: An Erosion and Sedimentation Control Plan will be required for this
project. This plan must be filed at least thirty (30) days prior to the
beginning of any land disturbing activities. Submit this plan to the
Department of Environment, Health and Natural Resources, Land Quality
Section, at 1424 Carolina Ave., Washington, NC 27889.

Cutty Sark Development Corp. Permit # 20-96
Page 3 of 3
NOTE: The permittee is advised that plans and specifications for all water system
improvements must be approved by the Division of Environmental Health
prior to the award of a contract or the initiation of construction (as
required by 15A NCAC 18C 0.0300 et. sera.). For information, contact
the Public Water Supply Section, [phone].
NOTE: The permittee is encouraged to contact the local health department
regarding their requirements for septic tank installations (as required under
15 A NCAC 18A. 1900 et. seq.). For information concerning septic, tank
and other on -site waste disposal methods, contact the Dare County Health
Department.
WATER QUALITY PROTECTION
11. The activity will be conducted in such a manner as to prevent a significant increase in
turbidity outside the area of construction or construction -related discharge. Increases
such that the turbidity in the waterbody is 25 NTU's or less in all saltwater classes are
not considered significant.
NOTE: The N. C. Division of Environmental Management authorized the proposed
development under 401 General Water Quality Certification No. 3025
(DEM Project No. 951007), which was issued on 12/27/95. The filling
of wetlands on lots 1, 2, and 3 as shown on the 8/28/95 site plan is not
authorized by this General Certification.
GENERAL
12. This permit does not authorize the excavation or filling of any vegetated wetlands.
13. The temporary placement or double handling of excavated or fill materials within waters
or vegetated wetlands is not authorized.
14. No attempt will be made by the permittee to prevent the full and free use by the public
of all navigable waters at or adjacent to the authorized work.
NOTE: This project may create mosquito breeding problems. For information
regarding appropriate mosquito control measures, contact the Public
Health Pest Management Section at [phone].

Permit Class
Permit Number
STATE
Department of Envi
X Major Dew
pursuant to
X Excavation and/or
' and'=' ­'
sources -Con
m Area"of.E
;;i1g,r Fix
Resources
Concern
to NCGS 113-229
Issued to Cutty Sark Development Coro., P.O. 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 6/ 1 /95 including attached
wnrkplan drawing datrd R/2R/94
This permit, issued on 2�1��9G 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
In order to protect adjacent properties, no dredging may take place within 15 feet of the
normal water line of any adjacent property, excluding the proposed subdivision lots.
NOTE: The State of North Carolina will not accept responsibility for damage to
adjacent properties which may occur as a result of the proposed project.
2. In order to protect juvenile shrimp and frnfish populations, no excavation or filling will
be permitted between March 1 and September 30 of any year without the prior approval
of the Division of Coastal Management, in consultation with the Division of Marine
Fisheries.
(See attached sheet for Additional Conditions)
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 permit 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.
Ae, er, N. Schecter, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Cutty Sark Development Corp. Permit #20-96
Page 2 of 3
ADDITIONAL CONDITIONS
3. Prior to .the commencement of excavation, the permittee and his contractor shall meet
with representatives of the Division of Coastal Management and the U.S. Army Corps
of Engineers to review the alignment of the excavation area.
Excavation shall not exceed 5. feet below the normal high water level.
All excavated materials shall be confined above normal high water and landward of
regularly or irregularly flooded marsh behind adequate dikes or other retaining structures
to prevent spill -over of solids into any marsh or surrounding waters.
6. The disposal area effluent will be contained by pipe, trough, or similar device to a point
at or beyond the normal water level to prevent gully erosion and unnecessary siltation.
7. The terminal end of the pipeline will be positioned at or greater than fifty feet (50') from
any part of the dike and a maximum distance from spillways to allow settlement of
suspended solids.
A water control structure will be installed at the intake end of the effluent pipe to assure
compliance with water quality standards.
The diked disposal area will be constructed a sufficient distance from the normal high
water level or any marsh to eliminate the possibility of dike erosion into or upon any
marsh or surrounding waters.
UPLAND DEVELOPMENT
10. At the request of the permittee, the proposed access road through wetland areas on lots
1, 2 and 3 as shown on the 8/28/95 site plan is hereby deleted from the proposed
development.
NOTE: An Erosion and Sedimentation Control Plan will be required for this
project. This plan must be filed at least thirty (30) days prior to the.
beginning of any land disturbing activities. Submit this plan to the
Department of Environment, Health and Natural Resources, Land Quality
Section, at 1424 Carolina Ave., Washington, NC 27889.

./
Cutty Sark Development Corp.
Permit # 20-96
Page 3 of 3
NOTE: The permittee is advised that plans and specifications for all water system
improvements must be approved by the Division of Environmental Health
prior to the award of a contract or the initiation of construction (as
required by 15A NCAC 18C 0.0300 et. s%). For information, contact
the Public Water Supply Section, [phone].
NOTE: The permittee is encouraged to contact the local health department
regarding their requirements for septic tank installations (as required under
15 A NCAC 18A. 1900 et. seq.). For information concerning septic tank
and other on -site waste disposal methods, contact the Dare County Health
Department.
WATER QUALITY PROTECTION
11. The activity will be conducted in such a manner as to prevent a significant increase in
turbidity outside the area of construction or construction -related discharge. Increases
such that the turbidity in the waterbody is 25 NTU's or less in all saltwater classes are
not considered significant.
NOTE: The N.C. Division of Environmental Management authorized the proposed
development under 401 General Water Quality Certification No. 3025
(DEM Project No. 951007), which was issued on 12/27/95. The filling
of wetlands on lots 1, 2, and 3 as shown on the 8/28/95 site plan is not
authorized by this General Certification.
GENERAL
12.. This permit does not authorize the excavation or filling of any vegetated wetlands.
13. The temporary placement or double handling of excavated or fill materials within waters
or vegetated wetlands is not authorized.
14. No attempt will be made by the permittee to prevent the full and free use by the public
of all navigable waters at or adjacent to the authorized work.
NOTE: This project may create mosquito breeding problems. For information
regarding appropriate mosquito control measures, contact the Public
Health Pest Management Section at [phone].

Permit Class
Permit Number
STATE
Department of Env
u.:
r
t.
X Major Devi
pursuant to
X Excavation and/or
Resources
Concern
to NCGS 113-229
Issued to Cutty Sark Development Corp., P.O. 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 _ 6/ 1 /95 including attached
wnrl{plan drawing dated 9/?9/95
This permit, issued on ��J��1"G 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. In order to protect adjacent properties, no dredging may take place within 15 feet of the
normal water line of any adjacent property, excluding the proposed subdivision lots.
NOTE: The State of North Carolina will not accept responsibility for damage to
adjacent properties which may occur as a result of the proposed project.
2. In order to protect juvenile shrimp and ftnftsh populations, no excavation or filling will
be permitted between March 1 and September 30 of any year without the prior approval
of the Division of Coastal Management, in consultation with the Division of Marine
Fisheries.
(See_ attached sheet for Additional Conditions)
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 permit 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 ofDEHNR and the
Chairman of the Coastal Resources Commission.
0, er N. Schecter, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Cutty Sark Development Corp. Permit N 20-96
Page 2 of 3
ADDITIONAL CONDITIONS
N
3. Prior to the commencement of excavation, the permittee and his contractor shall meet
with representatives of the Division of Coastal Management and the U.S. Army Corps
of Engineers to review the alignment of the excavation area.
4. Excavation shall not exceed 5 feet below the normal high water level.
5. All excavated materials shall be confined above normal high water and landward of
regularly or irregularly flooded marsh behind adequate dikes or other retaining structures
to prevent spill -over of solids into any marsh or surrounding waters.
6. The disposal area effluent will be contained by pipe, trough, or similar device to a point
at or beyond the normal water level to prevent gully erosion and unnecessary siltation.
7. The terminal end of the pipeline will be positioned at or greater than fifty feet (50') from
any part of the dike and a maximum distance from spillways to allow settlement of
suspended solids.
8. A water control structure will be installed at the intake end of the effluent pipe to assure
compliance with water quality standards.
9. The diked disposal area will be constructed a sufficient distance "from the normal high
water level or any marsh to eliminate the possibility of dike erosion into or' upon any
marsh or surrounding waters.
UPLAND DEVELOPMENT
10. At the request of the permittee, the proposed access road through wetland areas on lots
1, 2 and 3 as shown on the 8/28/95 site plan is hereby deleted from the proposed
development.
NOTE: An Erosion and Sedimentation Control Plan will be required for this
project. This plan must -be filed at least thirty (30) days prior to the
beginning of any land disturbing activities. Submit this plan to the
Department of Environment, Health and Natural Resources, Land Quality
Section, at 1424 Carolina Ave., Washington, NC 27889.

Cutty Sark Development Corp.
Permit # 20-96
Page 3 of 3
NOTE: The permittee is advised that plans and specifications for all water system
improvements must be approved by the Division of Environmental Health
prior to the award of a contract or the initiation of construction (as
required by 15A NCAC 18C 0.0300 et. sqq.). For information, contact
the Public Water Supply Section, [phone].
NOTE: The permittee is encouraged to contact the local health department
regarding their requirements for septic tank installations (as required under
15 A NCAC 18A. 1900 et. seq.). For information concerning septic tank
and other on -site waste disposal methods, contact the Dare County Health
Department.
WATER QUALITY PROTECTION
11. The activity will be conducted in such a manner as to prevent a significant increase in
turbidity outside the area of construction or construction -related discharge. Increases
such that the turbidity in the waterbody is 25 NTU's or less in all saltwater classes are
not considered significant.
NOTE: The N.C. Division of Environmental Management authorized the proposed
development under 401 General Water Quality Certification No. 3025
(DEM Project No. 951007), which was issued on 12/27/95. The filling
of wetlands on lots 1, 2, and 3 as shown on the 8/28/95 site plan is not
authorized by this General Certification.
GENERAL
12. This permit does not authorize the excavation or filling of any vegetated wetlands.
13. The temporary placement or double handling of excavated or fill materials within waters
or vegetated wetlands is not authorized.
14. No attempt will be made by the permittee to prevent the full and free use by the public
of all navigable waters 'at or adjacent to the authorized work.
NOTE: This project may create mosquito breeding problems. For information
regarding appropriate mosquito control measures, contact the Public
Health Pest Management Section at [phone].

Form DCM-IMP-1
AUG 31 199E
APPI,ICATI
(To be completed by all applicants)
1. APPLICANT
a. Landowner:
Name Cutty 'Sark Development Corp.
Address P.O. Box 220
City Avon State NC
Zip 27915 Day Phone [phone]
Fax
b. Authorized Agent:
Name Environmental Professionals, Inc.
Address P.O. Box 3368
City Kill Devil hills State NC
Zip 27948 Day Phone (qlq) 441-0239
Fax [phone]
c. Project name (if any) Cutty Sark
NOTE: Penidt will be issued in name of landovner(s), and/or
project wine.
2. LOCATION OF PROPOSED
PROJECT
County Dare
b. City, town, community or landmark
von
c. Street address or secondary road number
Highway 12
d. Is proposed work within city limits or planning
jurisdiction? X Yes No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) Pamlico Sound
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.
Road construction,
maintenance excava Lion
b. Is the proposed activity maintenance of an, existing
project, new work, or both? both
c. Will the project be for public, private or commercial
use? private & public
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. Dredging of the channel is
intended to provide access tote Pam ico
Sound by residents of Cutty Sark Subdiv.
03195

Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract +/- 10 3 acres
b. Size of individuallot(s) + 15 000 sq. ft.
c. Approximate elevation of tract above MHW or
NWL +/- 5.0 feet:
d. Soil type(s) and texuire(s) of tract
Carteret and Duckston/Psaaunents
e. Vegetation on tract Andronlgon & Smir.tina
patens
f. Man-made features now on tract roads, pond
g. What is the CAMA Land Use flan land
classification of die site? (Consult the &,cal land use plan.)
X_ Conservation, X Transitional
Developed Community
Rural Other
h. How is the tract zoned by local government?
S-1
i. Is the proposed project consistent with [tic applicable
zoning? X Yes No
(Attach zoning canpliance certificate, faWh"ble)
j
li
Has a professional archaeological assessment been
done for the tract? Yes X No
If yes, by whom?
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) X Other 404
If yes, has a delineation been conducted? yes
(Arrach documcniadon, if availab(e)
in. Describe existing wastewater treatment facilities.
Nonp
hh. Describe location and type of discharges to waters
of the state. (Por example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down" and residential discharges.) None
o. Describe existing drinking water supply source.
Nonce
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 affected 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 7J.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-NIP-1
site. Include highway or secondary road (SR)
CERTIFICATION AND PERMISSION
numbers, landmarks, and the like.
TO ENTER ON LAND
• A Stormwater Certification, if one is necessary'
I understand that any permit issued in response to this
• A last of the names and complete addresses or the
application will allow only the development described in
adjacent waterfront (riparian) landowners :Old
the application. The project will be subject to conditions
signed return receipts as proof that such owners
and restrictions contained in the permit.
have received a copy of the application and plats
mail. Such landowners must be advised
I certify that to the best of my knowledge, the proposed
by certified
that they have 30 days in which to submit comments
activity complies with the State of North Carolina's
on the proposed project to the Division of Coastal
approved Coastal Management Program and will be
Management. Upon signing this form, the applicant
conducted in a manner consistent with such program.
further certifies that such notice has been provided.
attached
Name see attac
I certify that I am authorized to grant, and do in fact,
to representatives of state and federal
Address
grant permission
review agencies to enter on the aforementioned lands in
Phone
connection with evaluating information related to this
permit application and follow-up monitoring of the
Name
project.
Address
Phone
I further certify that the information provided in this
application is truthful to the best of my knowledge.
Name
Address
Phone
This is the 1st day of June 19 95 .
• A list of previous state or federal permits issued tin'
work on the project tract. Include Permit nu1111",
Print Name
permittee, and issuing dates.
Signature
None
t<nhdowner or Authorized A ent
• 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 ill
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 comPliancc with the North Carolina
Environmental Policy Act.
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 DCM-MP-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
till activities. All values to be given in feet.
Average 4ln:d
Fainting Project
t rn, I1, Wid(1, Depth Depth
Access
channel
(MLW) or (NWL)
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
shorclinc
stabili>ntion)
1. EXCAVATION
a. Amount of material to be excavated from22 below
MHW or NWL in cubic yards 5
b. Type of material to be excavated sandand silt
c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation
(SAVs) or other wetlands? _ Yes X No
d. Highground excavation in cubic yards 836 c. ids.
2. DISPOSAL OF EXCAVATED
MATERIAL
a. Location of disposal area on site
b. Dimensions of disposal area .100 x 450 x 10
c. Do you claim title to disposal area?
X Yes _ No
If no, attach a letter granting permission from the
owner.
d. Will a disposal area be available for future
maintenance? _ Yes X No
If yes, where?
Revised 03195

P'orin DCM-NIP-2
c. Does the disposal area include ally coastal wetl:ulds
(marsh), SAVs or other wetlands?
yes X No
f. Does the disposal induN�au?
y area ill the water
X Yes
within the man made pond
3. SI-IORELINE STABILIZATION
a. Type of shoreline stabilization None
Bulkhead Riprap
b. Length
c. Average distance waterward of MHW or NWL
d. Maximum distance waterward of MHW or NWL
e. Shoreline erosion during preceding 12 nwnths
(Source oj6joruwtiol4
f. Type of bulkhead or riprap material
g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap
(2) Bulkhead backfill
h. Type of till material
i. Source of fill material
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilizatiou)
a. Will fill material be brought to site?
X Yes No
If yes,
(i) Amount of material to be placed in the
water None
(2) Dimensions of fill area �—
(3) Purpose of fill
b. Will fill material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
X Yes No
if yes, 140' x 50'
(1) Dimensions of fill area �
(2) Purposc of fill road crossing —
5. GENERAL
a. How will excavated or fill material be kept on site
and erosion controlled?
disposal area - leveled and erassed—
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge
)?
h draulic dredge
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.
Applicyfi or Project Name
. ig awrc
c
Dale
ltevised 03195

Form DCM-MP-3
UPLAND
DEVELOPMENT
(Construction and/or land disturbing ac(ivities)
Attach this form to Joint Application for CAl.9A Major
Permit, Form DCM-MP-I. 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 None
b. Number of lots or parcels 23
c. Density (give the number of residential units and the
units per acre) 2/acre
d. Size of area to be graded, fillet) or disturbed
including roads, ditches, etc. 73,00 sq. Et.
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 marl, paver stone,
asphalt, or concrete) to be used Ibr paved surl'aces.
asphalt
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 -upon surfaces, such as
pavement, buildings, rooftops, or to be used for
vehicular driveways or parking. 2
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.
on site septic
j. Have the facilities described in Item i. above
received state or local approval? No
(Attach appropriate documentation)
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).
1. Describe proposed drinking water supply source
(e.g. well, community, public system, etc.)
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
Cutts Sark
Appliaml r Project Name /
Sig lire � •
Date
Revised 03195

-, .
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
REPLY TO
ATTENTION OF
March 18, 1996
Regulatory Branch
Action ID No. 199505687 and State Permit No. 20-96
Cutty Sark Development Corporation
Post Office Box 220
Avon, North Carolina 27915
Dear Sir:
Reference your November 15, 1996, revised application for a Department
of the Army (DA) permit to undertake excavation activities within an existing
manmade canal and channel, and develope a residential subdivision, on property
located off NC Highway 12, adjacent the Pamlico Sound and Mill Creek, Avon,
Dare 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
Project Manager
Regulatory Branch
Enclosure
Copies Furnished with 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
John Parker
ivision of Coastal Management
North Carolina Department of Environment,
Health and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine
Pivers Island
Beaufort, North
Fisheries Service
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

199505L g-1 I 'nAuc 311gy55
Form DCM-MP-1
APPI.ICATION......`�--`i0
(To be completed by all applicants)
1. APPLICANT
a. Landowner:
Name Cutty Sark Development Corp.
Address P.O. Box 220
City Avon
State NC
Zip 27915 Day Phone [phone]
Fax
b. Authorized Agent:
Name Environmental Professionals, Inc.
Address P.O. Box 3368
City Kill Devil hills State NC
Zip 27948
Day Phone (qlq) 441-0239
Fax [phone]
c. Project name (if any) Cutty Sark
NOTE. Pernut wit[ be issued in name of landowner(s), and/or
project tame.
2: LOCATION OF PROPOSED
PROJECT
a. County Dare
b. City, town, community or landmark
Avon
c. Street address or secondary road number
highway �12
d. Is proposed work within city limits or planning
jurisdiction? X Yes No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) Pamlico Sound
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.
Road construction,
maintenance excavation
b. Is the proposed activity maintenance of an existing
project, new work, or both? both
c. Will die project be for public, private or commercial
use? private & public
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. Dredging of the channel is
intended to provide access tote Pam ico
Sound by residents of Cutty Sark Subdiv.
Revised 03195

Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract +/- 10 3 acres
b. Size of individual lot(s) + 15,000 sg. ft.
c. Approximate elevation of tract above MHW or
NWL +/- 5.0 feet
d. Soil type(s) and texture(s) of tract
Carteret and Duckston/Psamments
e. Vegetation on tract Andropagon S SPnrtina
patens
f. Man-made features now on tract roads pon]
g. What is the CAMA Land Use Plan I:uid
classification of the site? (Consuls rile local land use plan.)
x Conservation. X Transitional
Developed Community
Rural Other
h. How is the tract zoned by local government?
S-1
i. Is the proposed project consistent with the applicable
zoning? X Yes No
(Altadi Zoning emnpliance cerfiflcale, if applicable)
j. Has a professional archaeological assessment been
done for the tract? Yes X No
If yes, by whom?
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
1. Are there wetlands on the situ? X Yes _ No
Coastal (marsh) X Other 404
If yes, has a delineation been conducted? ems
(dnach docmnanladon, if arailablc)
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.) None
o. Describe existing drinking water supply source.
S. 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 affected 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 7J.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-NIP-1
site. Include highway or secondary road (SIZ)
numbers, landmarks, and the like.
• A StorillWater Certific:a"011, if One is necessary.
• A list of tile "flies and complete addresscti 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 continents
on the proposed project to the Division of Coastal
Management. Upon signing this fOrnh, Ole applicant
further certifies that such notice lla's-been provided.
Name see attached
Address
Phone
Name
Address
Phone
Name
Address
Phone
• A list of previous state or federal perulitx issued [Or
work on the project tract. InclO[le permit uumberS,
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 will the N.C.
Environmental Policy Act (N.C.G.S. 113A - 1 to
10) If the project involves tile 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 1st day of June 19 95 .
Print Name t a <
Signature
Landowner or Au(ttoriZrd Al.-(
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.

Form DCM-MP-2
EXCAVATION
AND FILL
(Except bridges and culverts)
Attach this form to Joint Application for CAMA Major
Permit, Form ACM-MP-1. Be sure to complete aII
other sections of the Joint Application that relate to this
proposed project.
- .4
Describe below the purpose of proposed'excavation or
till activities. All values to be given in feet.
Average 1-511al
Exiting Project
1.
Length widnr vepur ..q+u.
Access )
channel
(MLW) or (NWL)
Canal 1,420 35 2.0 5.0
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Hxeluding
shoreline
slnbilvnlion)
1. EXCAVATION
a. Amount of material to be excavated from below
MHW or NWL in cubic yards 5,522 c. yds.
b. Type of material to be excavated sandand silt
c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation
(SAVs) or other wetlands? _ Yes X No
ds-
d. Higitground 23
excavation in cubic yards 6 c. _L_
2. DISPOSAL OF EXCAVATED
MATERIAL
a. Location of disposal area on site
b. Dimensions of disposal area 100 x 450 x 10
c. Do you claim title to disposal area?
X Yes _ No
If no, attach a letter granting permission from the
owner.
d. Will a disposal area be available for future
maintenance? _ Yes X No
If yes, where?

Form DCM-NIP-2
e. Dots the disposal area include any coastal wetlands
(marsh), SAVs or other wetlands?
yes X No
f, Does the disposal iueluNUauy area ill tilt; water?
X Yes
within the man made pond
3. SHORELINE STABILIZATION
a. Type of shoreline stabilization None
Bulkhead Riprap
;4
b. Length
c. Average distance waterward of MHW or NWL
d. Maximum distance waterward of MHW or NWL
e. Shoreline erosion during preceding 12 nwuths
(Source of i, fornlwfion)
f. Type of bulkhead or riprap material
g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap
(2) Bulkhead backtill
h. Type of till material
i. Source of fill material
4. OTHERFILL ACTIVITIES
(Excluding Shoreline Slabilivation)
a. Will fill material be brought to site?
X Yes No
If yes,
(I) Amount of material to be placed in the
water None
(2) Dimensions of fill area
(3) Purpose of till
b. Will till material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
X Yes No
If yes, 140' x 50'
(1) Dimensions of fill area �
(2) Purpose of fill road croaa;nP
S. GENERAL
a. How will excavated or fill material be kept on site
and erosion controlled? nldikaA
disposal area - leveled and erassad
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic -
dredge)?
hydraulic dred
c. Will wetlands be crossed in transportingNo equipment
to project site? —yes X—
If yes, explain steps that will be taken to lessen
environmental impacts.
(1tr Sark
Applic:9 or Project Name
ig :LLurc
Date

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.
-;9
a. Type and number of buildings, facilities, units or
structures proposed None
b. Number of lots or parcels 23
c. Density (give the number of residential units and the
units per acre) 2/acre
d. Size of area to be graded, tilled or disturbed
including roads, ditches, etc. 73,00 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 Laud
Resources? Yes X No
If yes, date submitted
f. List the materials (such as marl, paver stone,
asphalt, or concrete) to be used for paved surfaces.
asphalt
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 -upon surftces, such as
pavement, buildings, rooftops, or to be used For
vehicular driveways or parking, 2%
li. 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.
on site septic
j. Have the facilities described in Item I. above
received state or local approval? No
(ifuach appropriale documemation)
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).
None
I. Describe proposed drinking water supply source
(e.g. well, community, public system, etc.)
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
Cutts Sark
Applicmt r Project N. c /
).
Sig itrc
Date
Revised 03195

&MMU 1tW PROFENOW 111U
KI ;1er8, 1995 Planning for a better environment
U. S. Army Corps of Engineers
Attn: Raleigh Bland
P. 0. Box 1000
Raleigh, NC 27889
Dear Mr. Bland:
[phone]
This letter is in response to the National Marine Fisheries Service comments regarding
the application made on behalf of Cutty Sark Development Corporation (permit
application 1995056787). We propose by copy of this letter to amend the permit
application to address the concerns that were raised by this resource agency. It is our
understanding that the State has received favorable comments from its review agencies
except for the proposed access road alignment.
In order to alleviate several agencies' concerns, we have modified the project to delete
excavation.of the access canal in the northern portion of the project and have modified
our proposal to delete the boat. ramp and marina facilities. This left an access road and
the proposed dredging adjacent to the applicant's property within a man made canal
which was excavated in high ground for the purposes of managing flood waters in the
area. In order to alleviate the NMFS agency's concerns, we will make another
concession.
We propose by copy of this letter to delete the access road from consideration of the
permit application and it will be re-routed to avoid jurisdictional wetlands. We do not,
however, agree to removing the dredging associated with the southernmost portion of
the canal as we find that the majority of the wetlands along this canal are Juncus
roemerianus which is perched on top of the old spoil bank from when this canal was
originally excavated in high ground. We would propose that we could preserve the
uncus and Spartina by not proposing any excavation which would result in widening of
the ditch. I
We hope that these project modifications will alleviate the agency concerns and allow
us to receive approval so that we may accomplish this work during this dredging
season.
Sincerely,
/(/�� /J
George H. Wood, CEP
cc: Mr. Wallace Beckham
P. 0. Box 806
P. 0.
Avon, OC3236815 KILL DEVIL HILLS, NORTH CAROLINA 2 7 9 4 8 - 3 3 6 8

State of North Carolina
Department of Environment.
Health and Natural Resources
Washington Regional Office
James B. Hunt, Jr., Governor
Jonathan S. Howes, Secretary
DIVISION OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY SECTION
January 9, 1996
Cutty Sark Development Corp.
P.O. Box 220
Avon, N.C. 27915
Dear Sir:
s
. REcENE�
J M �jpGF1A
Subject: Application No. SW7960101
Cutty Sark Development
Dare County
The Washington Regional Office acknowledges receipt of your
LAMA Major permit application and supporting information on January
5, 1996 This application has been assigned the number listed
above.
A preliminary review of your project has been completed. The
following additional information is needed before a permit can be
issued:
stormwater permit application and appropriate fee
site plan showing development and stormwater controls
The above information must be submitted within 30 days, or
your application will be returned as incomplete. If you have
questions, please feel free to contact Bill Moore at (919) 946-
6481, extension, 264.
Sincerely,
(N 071L'
f,,,�oger K. Thor e
Water Quality Supervisor
Washington Regional Office
cc: vironmental Professionals, Inc.
John Parker, CAMA - Raleigh
Washington Regional Office
1424 Carolina Avenue, Washington, NC 27889 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled / 10% post -consumer paper

t
state of North Carolina
Department of Environment,
Health and Natural Resources
Washington Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
DIVISION OF ENVIRONMENTAL MANAGEMENT,'` Ip
WATER QUALITY SECTION i
January 29, 1996
Cutty Sark Development Corp FEB NpGENENj
Attn: Mr. Wallace L. Beckham 0
P.O Box 220 S
Buxton, NC 27915 £
Subject: Permit No. SW7960101
Cutty Sark - Maintenance Dredging
General Permit Stormwater
Dare County
Dear Mr. Beckham:
The Washington Regional Office received the completed
Stormwater Application for the subject project on January 24, 1996.
Staff review of the plans and specifications has determined that
the project, as proposed, will comply with the Stormwater
Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding
Permit No. SW7960101 dated January 29, 1996 to Cutty Sark
Development Corp.
This permit shall be effective from the date of issuance until
rescinded and shall be subject to the conditions and limitations as
specified therein.
If any parts, requirements, or limitations contained in this
permit are unacceptable, you have the right to request an
adjudicatory hearing upon written request within thirty (30) days
following receipt of this permit. This request must be in the form
of a written petition, conforming to Chapter 150B of the North
Carolina General Statutes, and filed with the office of
Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447.
Unless such demands are made this permit shall be final and
binding.
1424 Carolina Avenue, Washington, NC 27889 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 5D% recycled / 10% post -consumer paper

Cutty Sark Development Corp.
January 29, 1996
Page Two
If you have any questions, or need additional information
concerning this matter, please contact Bill Moore at (919) 946-
6481, extension, 264.
Sincerely,
/L-
Roge K. Thoepe
Water Quality Supervisor
Washington Regional Office
cc: Performance Engineering
Dare County Inspections
�,bCM - Raleigh
Washington Regional Office
Central Files

State Stormwater Management Systems
Permit No. SW7960101
STATE OF NORTH CAROLINA
P OF ENVIRONMENT, HEALTH AND NATURAL
DIVISION OF ENVIRONMENTAL MANAGEMENT
STATE STORMWATER MANAGEMENT PERMIT
GENERAL PERMIT
In accordance with the provisions of Article 21 of Chapter 143,
General Statutes of North Carolina as amended, and other applicable
Laws, Rules and Regulations
PERMISSION IS HEREBY GRANTED TO
Cutty Sark Development Corp.
Dare County
FOR THE
construction, operation and maintenance of stormwater management
systems in compliance with the provisions of 15A NCAC 2H.1000
(hereafter referred to as the "stormwater rules") and the approved
stormwater management plans and specifications, and other
supporting data as. attached and on file with and approved by the
Division of Environmental Management and considered a part of this
permit for Maintenance Dredging - Cutty Sark Development Corp.
The Permit shall be effective from the date of issuance until
rescinded and shall be subject to the following specific conditions
and limitations.
I. DESIGN
1. No new built -upon area is proposed. This permit only
covers the maintenance dredging.
2. Approved plans and specifications for projects covered by
this permit are. incorporated by reference and are
enforceable parts of the permit.
3. No stormwater piping in addition to the existing piping
shall be allowed except:
3

a. That minimum amount necessary to direct runoff
beneath an impervious surface such as a road.
b. That minimum amount needed under driveways to
provide access to lots.
II. SCHEDULE OF COMPLIANCE
1. Grasslined swales, vegetated buffers and other Best
Management Practices used for stormwater runoff control
shall be adequately maintained throughout the life of the
project.
2. The permittee shall at all times provide adequate erosion
control measures in conformance with the approved Erosion
Control Plan.
3. The permittee shall submit all information requested by
the Director or his representative within the time frame
specified in the written information request.
III. GENERAL CONDITIONS
1. Failure to abide by the conditions and limitations
contained in this permit may subject the Permittee to an
enforcement action by the Division of Environmental
Management, in accordance with North Carolina General
Statutes 143-215.6A to 143.215.6C.
2. The permit may be modified, revoked or terminated for
cause. The filing of a request for a permit
modification, or termination does not void any permit
condition.
3. The issuance of this permit does not prohibit the
Director from reopening and modifying laws, rules, and
regulations contained in Title 15A of the North Carolina
Administrative Code, Subchapter 2H.1000; and North
Carolina General Statute 143-215.1 et.al.
4. The following items will require a modification to the
permit:
a. Any revision to the approved plans, regardless of
size
b. Project name change
C. Transfer of ownership
d. Redesign or addition to the approved amount of
built -upon area. .
4

e. Further subdivision of the project area
f. In addition, the Director may determine that other
revisions to the project should require a
modification to the permit.
5. For any additions or modifications of the previously
permitted built -upon area, the permittee shall submit to
the Director revised plans and specifications and shall
receive approval prior to construction.
6. The Director may notify the permittee when the permitted
site does not meet one or more of the minimum
requirements of the permit. Within the time frame
specified in the notice, the permittee shall submit a
written time schedule to the Director for modifying the
site to meet minimum requirements. The permittee shall
provide copies of revised plans and certification in
writing to the Director that the changes have been made.
The permit is not transferable to any person except after
notice to and approval by the Director. The Director may
require modification or revocation and reissuance of the
permit to change the name and incorporate such other
requirements as may be necessary. A formal permit
request must be submitted to the Division of
Environmental Management accompanied by the appropriate
fee, documentation from both parties involved, and other
supporting materials as may be appropriate. The approval
of this request will be considered on its merits, and may
or may not be approved.
S. The issuance of this permit does not preclude the
Permittee from complying with any and all statutes,
rules, regulations, or ordinances which may be imposed by
other government agencies (local, state and federal)
which have jurisdiction.
Permit issued this the 29 th day of January, 1996.
NORTH CAROLINA ENVIRONMENTAL
COMMISSION
)—A. Preston Howard, Jr., P.E., Director
Division of Environmental Management
By Authority of the Environmental Management Commission
Permit Number SW7960101

State of North Carolina
Department of Environment,
Health and Natural Resources 1 • •
Division of Coastal Management _
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary ID E H N F1
Roger N. Schecter, Director February 14, 1A6
Dr. and Mrs. Edward M. Lieberman
311 King George Road
Greenville, NC 27858
Dear Mr, and Mrs. Lieberman;
Please reference your August 13 letter to the Division of Coastal Management
concerning your objections to the proposal by Cutty Sark Development Corporation to
develop a 10.3 acre tract for a residential subdivision and excavate 2,800 feet of an
existing canal and channel in Mill Creek. The Division appreciates your concerns
about the proposed development, and we have looked closely at the possibility
infringement on your public trust rights and the potential damage to your shoreline
that may take place as a result of this project. However, the proposed project has been
determined to comply with the Rules of the Coastal Resources Commission.
Additionally, state and federal review of the proposed project was generally favorable.
Subsequently, the Division has issued a CAMA Permit for the proposed action, and we
are providing a copy of this permit to you for your information. Please note that, in an
attempt to protect your property from excess erosion, the permit has been conditioned
such that dredging may not take place within 15 feet of the normal water line
bordering your property.
If you have any questions concerning this matter, please feel free to contact me
at [phone].
Sincerely,
Doug Huggett
Assistant Major Permits Coordinator
cc: Cutty Sark Development Corp.
DCM=Morehead City
DCM-Elizabeth City
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 60% 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 February 14, 1996
Dr. and Mrs. Christopher D Casscells
Hatteras Colony Associates
100 Buck Road
Greenville, DE 19807
Dear Mr. and Mrs Casscells;
I DFEE HNR
Please reference your August 13 letter to the Division of Coastal Management
concerning your objections to the proposal by Cutty Sark Development Corporation to
develop a 10.3 acre tract for a residential subdivision and excavate 2,800 feet of an
existing canal and channel in Mill Creek. The Division appreciates your concerns
about the proposed• development, and we have looked closely at the possibility
infringement on your public trust rights and the potential.damage to your shoreline
that may take place as a result of this project. However, the proposed project has been
determined to comply with the Rules of the Coastal Resources Commission.
Additionally, state and federal review of the proposed project was generally favorable.
Subsequently, the Division has issued a CAMA Permit for the proposed action, and we
are providing a copy of this permit to you for your information. Please note that, in an
attempt to protect your property from excess erosion, the permit has been conditioned
such that dredging may not take place within 15 feet of the normal water line
bordering your property.
If you have any questions concerning this matter, please feel free to contact me
at [phone].
Sincerely,
Doug Huggett
Assistant Major Permits Coordinator
cc: Cutty Sark Development Corp.
DCM-Morehead City
DCM-Elizabeth City
P.O, Box 27687, Raleigh, North Carolina 27611-7687 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
February 15, 1996
Cutty Sark Development Corp.
P. O. Box 220
Avon, NC 27915
Dear Sir:
IV WA
IT
A&47V4A0
�EHNR
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.
Very sincerely,
'4JX
oh� R. Parker, Jr.
Major Permits Processing Coordinator
JRP:jr/amw
Enclosure
P.O. Box 27687, Rdeigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
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DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAUPROCESSING RECORD
A)
a
APPLICANT: Cutty Sark Development Corp. COUNTY: Dare
LOCATION OF PROJECT: Between Bonito & Due East Way off NC 12 Avon,
DATE APPLICATION RECEIVED COMPLETE BY FIELD: August 31, 199
FIELD RECOMMENDATION: Attached - No To Be Forwarded - Yes
(4i
CONSISTENCY DETERMINATION: Attached - Yes To Be Forwarded - No
FIELD REPRESENTATIVE: Mathis
DISTRICT MANAGER REVIEW:
DATE APPLICATION RECEIVED IN RRE
PUBLIC NOTICE REC'D: v
ADJ. RIP. PROP NOTICES REC'D:
SEP 14
IVY
SEP 14 A9 5
µF;, kGEr�E711 ;�
i REC'D: $ 15v 7'-0�
DATE: /0-9-55
REC'D: 4�
APPLICATION ASSIGNED TO: �� .�; ON: a, t 4 A t('
C) 75 DAY DEADLINE: _ 1150 DAY DEADLINE:
MAIL OUT DATE: q— A b Q r STATE DUE DATE: dd Z
FEDERAL DUE DATE: I D 0' %S FED. COMMENTS REC'D:
PERMIT FINAL ACTION: ISSUE DENY DRAFT ON
AGENCY
DATE COMMENTS
RETURNED
OBJECTIONS
YES NO
NOTES
Coastal Management Dist. Office
_ ry b _ /1
Div. of Community Assistance
Land Quality Section
_
u e 11r/�
Div. o nv�. Manageme
10-L3
rl
IL
State Property Office
Div. of Archives & History
'a _ Q._ f-
Div. of Env. Health
Id —
Div.
Div. of Highways
6 -
Wildlife Resources Commission
//,,
!/'�I Z
StnO✓s
Div. of Water Resources
li
Div. of Marine Fisheries
II- Q -L,'rJ

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 l
19 5
MEMORANDUM: SEP 2*^ LVkJ
EDEHNFR
TO: John Parker yg L
FROM: Lynn W. Mathis
SUBJECT: Recommendations for Cutty Sark Major Permit
DATE: September 15, 1995
I would like to recommend approval of the above permit with the following
conditions:
1) In order to protect juvenile finfish populations, no excavation or filling will be
permitted between 1 February and 31 October of any year without the prior
approval of the Division of Coastal Management, in consultation with the
Division of Marine Fisheries.
2) Excavation will be conducted below the mean high water level only.
n, ,,,.
3) Excavation will not exceed 5 feet below the mean high water level.
4) All excavated materials will be confined above mean high water and landward
of regularly or irregularly flooded marsh behind adequate dikes or other
retaining structures to prevent spill -over of solids into any marsh or
surrounding waters.
5) The disposal area effluent will be contained by pipe, trough, or similar device
to a point at or beyond the normal water level to prevent gully erosion and
unnecessary siltation.
6) The terminal end of the pipeline will be positioned at or greater than fifty feet
(50') from any part of the dike and a maximum distance from spillways to
allow settlement of suspended solids.
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

� � 6
John Parker
September 15, 1995
Page 2
.n A water control structure will be installed at the intake end of the effluent pipe
to assure compliance with water quality standards.
8) The diked disposal area will be constructed a sufficient distance from the mean
high water level or any marsh to eliminate the possibility of dike erosion into
or upon any marsh or surrounding waters.

P.O. Box 27687, Raleigh, North Carolina 27611-7687
An Equal Opportunity Affirmative Action Employer
Mate of North Carolina l k
epartment of Environme RFrF1�lE� ?�
Health and Natural Resour s 10395 • •
Division of Coastal Management :E O`UV le-
James B. Hunt, Jr., Governor o�
Jonathan B. Howes, Secretary 6 L E H N F
Roger N, Schecter, Director R
September 25, 1995
MEMORANDUM
TO: P. A. "Ski" Wojciechowski
Division of Marine Fisheries
FROM: John Parker
Major Permits Processing Coordinator
SUBJECT: CAMA/Dredge and Fill Permit Application Review
APPLICANT: Cutty Sark Development Corporation
PROJECT LOCATION: Between Bonito Rd. and Due East Way off NC 12, Avon Dare
County.
PROPOSED PROJECT: To develop a 10.3 acre tract for a residential s/d, etc.
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 infra -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 G
afi/iD
/YGy/ao 7� jel 9 ✓h nr /P70-0n ar' you /LL//�4 0�
Telephone [phone] FAX [phone] /
60% recycled/ 1 o% post -consumer paper ,

J St eimnd
North Carolina
D aent of Environment,
H it Natural Resources
Di isiof Marine Fisheries
JVB. Hunt, Jr., Governor
Jo�7ttaa an B. Howes, Secretary
Bruce L. Freeman, Director
MEMORANDUM:
TO: John R. Parker, DCM Major Permits Processing <
THROUGH: Katy West, Permit Review Coordinator
FROM: Sara E. Winslow, Biologist Supervisor
SUBJECT: Cutty Sark Development Corporation Proposal
Ar
IF
®.EHNR
DATE: 19 September 1995
f, I I
0 AJW pf� t
The following comments by the North Carolina Division of Marine Fisheries are provided
pursuant to General Statute 113-131.
Pamlico Sound area functions as a nursery area for spot, croaker, red drum, spotted sea trout,
weakfish, flounder, blue crabs and other commercially and recreationally important species.
The Division expresses the following concerns with the proposed project.
The applicant proposes to fill 7,000 square feet of 404 wetlands. Wetlands are of great
importance serving as sources of basic biological productivity, 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. Since the applicant proposes to fill in excess of an acre, mitigation for the loss
would be appropriate.
The applicant proposes to dredge 1,420 feet of canal to a depth of 5 feet below MHW. The
existing depth is -2 feet and connecting depth is -5 feet. The majority of the canal is 30 feet in width.
The Division questions how adequate the canal will function for boat dockage due to the width of
the canal only being 30 feet.
P.O. Box 769, Morehead City, North Carolina 28557-0769 Telephone [phone] FAX [phone]

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
September 20, 1995
EDFEE HNF-1
MEMORANDUM ti�ti k,990
ti S�Q D
TO: Mr. Charles R. Fullwood, Jr., Director
�y
Wildlife Resources Commission
Attn: Habitat Conservation Program
FROM: John Parker, Jr. 6le��l91 S1
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
APPLICANT: Cutty Sark Development Corporation
PROJECT LOCATION: Bet. Bonito Rd. and Due East Way off NC 12, Avon, Dare Co.
ROPOSED PROJECT: To construct a residential subdivision with amenities.
Please indicate below your agency's position or viewpoint on the proposed and return this form
by October 12, 1995. 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.
Signedj"-k N u l
Date 13 D�5J
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

Oz North Carolina Wildlife Resources Commission
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: John Parker, Coordinator
Major Permits Processing Section
Division of Coastal Management, DEHNR
FROM: Franklin T. McBride, Manager /A�
Habitat Conservation Program
DATE: October 12, 1995
SUBJECT: CAMA/Dredge and Fill Permit Application for C
Corporation, NC 12, Avon, Dare County.
Staff biologists with the Wildlife Resources Commission have completed a review of the
project with regards to associated impacts on wildlife and fishery resources in the area. A site
visit was conducted on October 11, 1995. Our comments are provided in accordance with
provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et.
seq.) and the Coastal Area Management Act (G. S. 113A-100 through 113A-128).
The applicant proposes to develop a 10.3 acre tract for a residential subdivision that will
include excavation in an existing canal, constructing a road within the AEC and filling 7,000 ft of
`404' wetlands. Waters at the project site are classified as SA and are closed to shellfishing.
Over the past few months several CAMA/Dredge & Fill permits have been issued to
individual landowners in the adjacent development (Hatteras Colony) to bulkhead and fill coastal
wetlands. Most of the canal front lots in the adjacent development have bulkheaded shorelines.
Continuing to allow developers and individuals to create 5 ft. deep navigable canals by dredging
out 1 - 2 ft. deep "mosquito" ditches, bulkheading shorelines and filling `404' and coastal
wetlands has led to decreased water quality, increased turbidity, loss of shallow water habitat and
the loss of coastal marsh habitat. Wetlands such as those found on this site provide functions
which benefit the public as well as fish and wildlife. Wetlands act as a stormwater runoff
purification zone between upland areas and surface waters. Wetlands provide shoreline erosion
protection through attenuation of wave energy. Wetlands also serve as a physical habitat for
numerous species of amphibians, reptiles, birds, and mammals. In some instances, wetlands serve
as a spawning and nursery area for numerous fish species. Through deposition of detritus into
adjacent waters, wetlands contribute large quantities of organic carbon, forming the food chain
base and the resulting biological productivity for many aquatic ecosystems.

A site visit revealed development impacts to the '404' wetland in question prior to permit
issuance, and no marked delineation of CAMA wetlands. After close examination, the `404'
wetland is not an isolated `404' wetland pocket as proposed by the applicant but instead is
contiguous with coastal wetlands adjacent the canal on the north side of the property. The `404'
wetland area along the northern property line falls into the conservation classification according to
the Dare County Land Use Plan. Any filling along the northern section of the property would not
be consistent with the Dare County Land Use Plan.
We request the following modifications be made to the proposed project:
ti. s Based on the cumulative losses of this habitat type in the immediate vicinity we
recommend that subdivision covenants be modified to prohibit all wetland filling by the
developer or individual lot owners.
2. We request that the `404' wetland area indicated on the project plat be avoided and
not filled. This would be consistent with the Dare County Land Use Plan.
3. Silt fences should be positioned to protect all wetlands from sedimentation prior to
additional land disturbing activities and construction.
4. Any future bulkheads should be built landward of all coastal wetlands.
—5. We do not favor the proposed dredging but we will support recommendations by the
N.C. Division of Marine Fisheries concerning this issue.
With these modifications we do not oppose permit issuance.
Thank you for the opportunity to review and comment on this project. If you need further
assistance or additional information, please contact William Wescott at [phone].
W W/f n

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
e��
�EHNR
December 27, 1995
Dare County
DEM Project # 951007
APPROVAL of 401 Water Quality. Certification and ADDITIONAL CONDITIONS r" G
✓qN Cr/�iF
Cuuy Sark Development Company Q
P. O. Box 220
Avon, N.C. 27915 T Hof
Dear Sirs: _e\
You have our approval to place fill material in 7,000 square feet of wetlands or waters and
dredge a canal for the purpose of constructing a residential subdivision at Bonito Road and Due East
Way in Avon, N.C., as you described in your application dated 12 September 1995. After reviewing
your application, we have decided that this fill is covered by Gehl Water Quality Certification
lamer 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.
Wetland fill shall not be done on lots 1, 2 and 3 as shown on the 8t28/95 site plan. 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 Environmental Management under Section 401
of the Clean Water Act. If you have any questions, please telephone John Domey at 919-733-1786.
Attachment
cc: Washington DEM Regional Office
Mr. John Domey
Central Files
Mr. George Wood
Mr. John Parker, DCM
Sincerely,
O"" "Al
noward, Jr. P. I.
9510071tr
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
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-
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
RECEIVED
SEP 1 519951
ENVIRONMENTAL SCIENCES
P1''11i
September 12, 1995
TO: Mr. A. Preston Howard, Director
Division of Environmental Management
FROM: John R. Parker, Jr.
Major Permits Processing Coordinator
�q 51007
IM
*0A
®EHNFR
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Cutty Sark Development Corp.
WASHING OIVED
N OFFICE
si:p 13 1995
Project Location: Between Bonito and Due East Way off NC 12, Avon, Dare County,
Pamlico Sound
Proposed Project: Develop a 10.3 acre tract for a residential subdivision, excavate
2,800 ft. of an existing canal and channel in Mill Creek, remove --
12,314 cubic yards of material from below NWL and a road crossing
within the AEC filling 7,000 sq. ft. of 1404' wetlands.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form by October 3, 1995. 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.
Signed
T s agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This aqencv obiects to the project for reasons described in the
Date Z ZL L
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

State of North Carolina
Department of Environment,
Health and Natural Resources •
Division of Coastal Management
James B. Hunt, Governor p E H N iR Jonathan B. Howes, Secretary
Roger N. Schecter, Director
September 12, 1995
MEMORANDUM
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: Cutty Sark Development Corp!
11111110
Project Location: Between Bonito and Due East Way off NC 12, Avon, Dare County,
Pamlico Sound
Proposed Project: Develop a 10.3 acre tract for a residential subdivision, excavate
2,800 ft. of an existing canal and channel in Mill Creek, remove -
12,314 cubic yards of material from below NWL and a road crossing
within the AEC filling 7,000 sq. ft. of 1404' wetlands.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form by October 3, 1995. 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 c ents.
G
Signed �0_/ iCi Date
1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Telephone [phone] FAX [phone]
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DIVISION OF LAND RESOURCES
LAN^�TY ECTION
TO: John R. Parker, Jr./Stephen Benton
Major Permits Processing Section
Division of Coastal Management
FROM: Patrick H. McClain ** _
Assistant Land Quality Regional Engineer
Waassh'ingto`n Regional Office
SUBJECT: C�GC�7CJG� 1C!"/
'47i��
This office will require that:
1. The area be properly graded.
2. A permanent ground cover sufficient to restrain erosion
be provided on all exposed areas within the shorter of
30 working or 120 calendar days after project comple-
tion.
3. The exterior slopes of the disposal area dikes be at an
angle no steeper than 1 1/2 H: 1 V.
4. Appropriate erosion and sedimentation control devices,
measures, or structures be used to prevent sediment
from entering the adjacent wetlands/watercourses/
property (e.g., silt fence, diversion swales/berms,
sand fence, etc.).
5. A ground cover sufficient to restrain erosion be
provided within 30 working days of completion of any
phase of grading on cut or filled slopes.
y 6. An erosion and sedimentation control plan be submitted
at least 30 days prior to initiation of land -disturbing
activities.
7. Additional information concerning the area of the land-
ward disturbance be submitted to determine if an
erosion control plan is required.
8. Other:

J
f
State of North Carolina
Department of Environment,
Health and Natural Resources
Washington Regional Office
James B. Hunt, Jr., Governor
Jonathan B, Howes, Secretary
DIVISION OF LAND RESOURCES
LAND QUALITY SECTION
September 14, 1995
Cutty Sark Development Corporation
P.O. Box 220
Avon, North Carolina 27915
RE: Cutty Sark Subdivision
Dare County
Dear Sirs:
As an agency involved in the Division of Coastal
Management's major permit application review process, we have
determined that more than one acre will be disturbed by the
activities as described. Therefore, in addition to a permit from
the Division of Coastal Management, an erosion and sedimentation
control plan must be submitted to and approved by this office
before development begins.
The requiring of an erosion and sedimentation control plan
is based on a mandatory standard for land -disturbing activity of
the Sedimentation Pollution Control Act of 1973 (NCGS 113A-57(4)
and 113A-54(d)(4)], which states:
No person shall initiate any land -disturbing activity, if at
least one acre is to be uncovered, unless an erosion and
sedimentation control plan for the activity is filed with
the agency having jurisdiction.and approved.
The plan must be submitted at least thirty (30) days prior
to project commencement. The plan must include, but is not
limited to, the following:
1. A scaled plat plan of the site, showing the affected
areas as well as adjacent properties which may be
affected. Include contours if available.
2. Indicate critical areas such as wetlands, creeks,
streams, drainageways, marsh, etc.
1424 Carolina Avenue, Washington, North Carolina 27889 Telephone [phone] FAX [phone]
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Cutty Sark Development Corporation
September 14, 1995
Page 2
3. Include a brief narrative describing the activities to
be undertaken and a construction schedule.
4. Indicate on the plat the measures to be utilized to
prevent sediment from entering adjacent properties,
such as location of silt fences, silt basins, diversion
ditches, areas to be seeded, etc.
5. Include seeding and mulching specifications for both
temporary and permanent stabilization.
6. Include any other pertinent information directed at
controlling offsite sedimentation, slope degradation,
and erosion.
Please be advised that the plan will be considered
incomplete, and the statutory review period will not begin,
unless a non-refundable plan review processing fee, payable by
check or money order made out to the Department of Environment,
Health and Natural Resources, is included. The amount of the fee
is based on $30 for the first disturbed or affected acre, plus
$20 for each additional whole or fractional acre of land to be
disturbed (including offsite borrow or waste areas).
To begin this project without the approval of an erosion/
sedimentation control plan will be considered a violation of the
Act and may lead to the assessment of a civil penalty of up to
$500.00 per day for each day the project is deemed in violation.
For your convenience, we are enclosing a guideline for
developing a plan. If you should have any questions, feel free
to contact me.
SincerellY/
Patrick H. McClain, P.E.
Assistant Regional Engineer
PHM:jt
Enclosures
cc: John R. Parker, Division of Coastal Management
George Wood, Environmental Professionals

State`dr-i`Qbrth Carolina
Department of Environment, • '
' Health and Natural Resources
' Division of Coastal Management N1
James B. Hunt, Jr., Governor p E H N R I
Jonathan B. Howes, Secretary
Roger N, Schecter, Director
1 September 20, 1995
MEMORANDUM SEP
TO:
Ms. Linda Sewall
Director DIV OF tNVIROIUFVO f,1L HEALTH
Division of Environmental Health
FROM: John Parker, Jr.
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
APPLICANT: CuttY. Sark Development Corporation
PROJECT LOCATION: Between Bonito Rd. and Due East Way off NC 12, Avon, Dare
County.
PROPOSED PROJECT: To develop a residential subdivision with amenities.
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by October 12, 1995. 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. '
r ' /r C I,'.; �71
This agency objects to the project for reasons described in the /
attached comments.✓ f
Date �'i f.
Signed / ��l P //�/ �i /l
P.O.Box
AnEqual pportunity'AffirmattivelActtion76Empl6er Telephone o post -consumer paper

'�P
Comments —1 o qj
Gutty Sark Development Corp Dare
Between Bonito/East off NC12, Avon
The applicant should be advised that plans and specifications for all water system
improvements must be approved by the Division of Environmental Health prior to the
award of a contract or the initiation of construction (as required by 15A NCAC
18C 0.0300 et. seq.). For information, contact the Public Water Supply Section,
[phone].
The applicant should be advised to contact the local health department regarding
their requirements for septic tank installations (as required under 15A NCAC
18A. 1900 et. seq.). For information concerning septic tank and other on -site waste
disposal methods, contact the Cartert County Health Department.
Page 6

R-It�r
if North Carolina
anent of Environment,
and Natural Resources
C E I V E D
of Coastal Managemageme
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
MEMORANDUM
TO:
FROM:
SUBJECT:
Applicant:
SEP � 3 I` vy
:�Mq 0
EDEHNFR
DIV. OF ENVIRONMENTAL HEALTH, A&I
September-12, 1995
Ms. Patti Fowler
Shellfish Sanitation Section
John R. Parker, Jr.
Major Permits Processing Coordinator
CAMA/DREDGE & FILL Permit Application Review
C+Wtjr Sark Development Corp.
SyFl�F�syV :. � 1995
Project Location: Between Bonito and Due East way off NC 12, Avon, Dare County,
Pamlico Sound
Proposed Project: Develop a 10.3 acre tract for a residential subdivision, excavate
2,800 ft. of an existing canal and channel in Mill Creek, remove -
12,314 cubic yards of material from below NWL and a road crossing
within the AEC filling 7,000 sq. ft. of `404' wetlands.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form by October 3, 1995. 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.
000�x_ 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
lf
1367 U.S. 17 South. Eltzabeth Ctly. North Carolina 279D9 Telephone [phone] FAX [phone]
An Equal Opportunity Affkmative Action Employer 50% recycled/ 10%post-consumer paper

State of North Carolina IT
Department of Environment, FIWA
Health and Natural Resources i
Division of Coastal Management 21
AAaWdEWMAK�
James B. Hunt, Jr., Governor p E H N fR Jonathan B. Howes, Secretary
Roger N. Schecter, Director 1
September 12, 1995
I. r.,.•._0n IT
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: dbbty Sark Development Corp.
Project Location: Between Bonito and Due East Way off NC 12, Avon, Dare County,
Pamlico Sound
Proposed Project: Develop a 10.3 acre tract for a residential subdivision, excavate
2,800 ft. of an existing canal and channel in Mill Creek, remove --
12,314 cubic yards of material from below NWL and a road crossing
within the AEC filling 7,000 sq. ft. of `404' wetlands.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form by October 3, 1995. 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 ency objects to the project for reasons scribe in the
r a ch d omments. /�(�
Signed 1 Date / ` / /
1367 U.S. 17 South, Eltzabeth City. North Carolina 27909 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
September 20, 1995
161016CC117,10tlnM5
TO: Mr. Larry R. Goode, Phd., P.E.
Highway Administrator
Division of Highways
FROM: John Parker, Jr.
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
APPLICANT: Cutty Sark Development Corporation
_0
PROJECT LOCATION: Between Bonito Rd. & Due East Way off NC12, Avon, Dare Co.
PROPOSED PROJECT: To construct a residential subdivision with amenities.
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by October 12, 1995. 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.
agency objects to the project for reasons described in the
Signed 9 S Date
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50%recycled/ 10% post -consumer paper

/a-/V-9)
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
September 20, 1995
A '0*
74*eA
[DFEE HNR
TO: Ms. Renee Gledhill -Early
Environmental Review Coordinator
Division of Archives and History
FROM: John Parker, Jr.
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
APPLICANT: Cutty Sark Development Corporation
PROJECT LOCATION: Between Bonito Rd. and Due East Way off NC12, Avon, Dare
Co.
PROPOSED PROJiCT: To construct a residential subdivision with amenities.
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by October 12, 1"5. 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.
ftlllllll�� 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.
Signe Date /v // S
P.O. Box 27687, Raleigh, North Carolina 27611-7687 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
September 20, 1995
MEMORANDUM
C)EHNF-1
TO: Mr. Joe, Henderson, Acting Director
State Property Office
Department of Administration
FROM: John Parker, Jr.
Major Permits Processing Coordinator
SUBJECT: CAifiblKILOBW & FILL Permit ARlication Review
APPLICANT: Cu R6pinent Corporation
PROJECT LOCATION: Between Bonito Rd. & Due East Way off NC12, Avon, Dare
County.
PROPOSED PROJECT: To construct a residential subdivision with amenities.
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by October 12, 1995. 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.
j
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 [b
J
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50%recycled/ 10% post -consumer paper

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF November 30, 1995
Regulatory Branch
Action ID No. 199505687
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:
Ov
Q0G
Reference the application of development Corporation for a
Department of the Army (DA) permit to underta a excavation activities within
an existing canal, on property located off NC Highway 12, adjacent the Pamlico
Sound and Mill Creek, Avon, Dare County, North Carolina.
The Federal agencies have completed review of the proposal as presented
by the application and your field investigation report.
We recommend that the following condition(s) be included in the State
authorization:
1. All work authorized by this permit must be performed in strict
Y compliance with the Revised Permit plans and cover letter dated November 8,
1995.
2. Before any work begins, the permittee and his contractor will meet
onsite with a representative of the U.S. Army Corps of Engineers to review the
alignment of the excavation area.
3. All excavated materials will be confined landward of the mean high
water (MHW) elevation contour and any regularly or irregularly flooded
vegetated wetlands.
4. No vegetated wetlands will be excavated or filled.
5. Excavation will not exceed 5 feet below the elevation of mean low
water (MLW).
6. The temporary placement or double handling of excavated or fill
materials within waters or vegetated wetlands is not authorized.
7. No attempt will be made by the permittee to prevent the full and free
use by the public of all navigable waters at or adjacent to the authorized
work. Use of the permitted activity must not interfere with the public's
right to free navigation on all navigable waters of the United States.
S. The activity will be conducted in such a manner as to prevent a
significant increase in turbidity outside the area of construction or
construction -related discharge. Increases such that the turbidity in the

-2-
waterbody is 50 NTU's or less in all rivers not designated as trout waters by
the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or
less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or
less in trout waters, are not considered significant.
Questions or comments may be addressed to Mr. Raleigh Bland, Washington
Regulatory Field Office, telephone [phone], extension 23.
Sincerely,
"�,�((p��
Raleigh Bland
Project Manager
Regulatory Branch
copies Furnished:
Mr. Sohn 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
Ms. L. K. (Mike) Gantt
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

REPLY TO
ATTENTION OF
Regulatory Branch
Action ID. 199505687
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
October 25, 1995
Mr. Wallace Beckham
Cutty Sark Development Corporation
Post Office Box 220
Avon, North Carolina 27915
Dear Mr. Beckham:
On September 18, 1995, you applied for Department of the Army (DA)
authorization to undertake excavation activities within an existing
canal and channel, and construct an access road through wetlands, on
property located off NC Highway 12, adjacent the Pamlico Sound and Mill
Creek, Avon, Dare County, North Carolina.
After review of your proposal, the National Marine Fisheries
Service recommended modification of your application by letter dated
October 13, 1995 (copy enclosed). These recommendations are due to
anticipated adverse environmental impacts. We suggest that you revise
your plans to satisfy the interests of the objecting agencies.
Mr. Raleigh Bland of my staff, telephone [phone], extension 4,
is responsible for processing your application and is available to assist
you in coordinating with the review agencies. Please advise us of your
intentions, in writing, on or before November 27, 1995.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
Copies Furnished (without enclosure):
Mr. John Parker
✓N/vision of Coastal Management
orth Carolina Department of Environment,
Health and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687

-2
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
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, N.E.
Atlanta, Georgia 30365
Mr. George Wood
Environmental Professionals, inc.
Post Office Box 3368
Kill Devil Hills, North Carolina 27948

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILIO NGTON, NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF
Regulatory Branch
Action ID No. 199505687
September 26, 1995
Mr. John Dorney
Division of Environmental Management
North Carolina Department of Environment,
Health, and Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Dear Mr. Dorney:
rRECEVE�
SEP 491995
�,NAGEMENt
Enclosed is the application of Cutty Sark Development corporation
for Department of the Army (DA) authorization and a State ater Quality
Certification to undertake excavation activities in an existing canal
and channel, and construct a road crossing through wetlands, on property
located off NC Highway 12, adjacent the Pamlico Sound and Mill Creek,
Avon, Dare 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.
In accordance with our administrative regulations, in most cases,
60 days after receipt of a request for certification is a reasonable
time for State action. Therefore, if you have not acted on the request,
or asked for an extension of time, by November 27, 1995, 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,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure

CPM
Copies Furnished (without enclosure):
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
District Manager
Division of Coastal Management
North Carolina Department of Environment,
Health, and Natural Resources
1367 US 17 South
Elizabeth City, North Carolina 27909

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEi
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-9 a
REPLY TO
ATTENTION OF September 26,
Regulatory Branch
Action ID No. 199505687
Cutty Sark Development Corporation
Post Office Box 220
Avon, North Carolina 27915
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 September 18, 1995, for
Department of the Army (DA) authorization to undertake excavation
activities within an existing canal and channel, and construct a road
crossing through wetlands, on property located off NC Highway 12,
adjacent the Pamlico Sound and Mill Creek, Avon, Dare 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.
On February 6, 1990, the DA and the U. S. Environmental Protection
Agency (EPA) signed a memorandum of agreement (MOA) establishing
procedures to determine the type and level of mitigation necessary to
comply with the Clean Water Act Section 404 (b) (1) Guidelines. This
MOA provides for first, avoiding impacts to waters and wetlands through
the selection of the least damaging, practicable alternative; second,
taking appropriate and practical steps to minimize impacts on waters
and wetlands; and finally, compensating for any remaining unavoidable
impacts to the extent appropriate and practicable. To enable us to
process your application in full compliance with this MOA, we request
that you provide the following additional information:

-2-
a. Permits for work within wetlands or other special aquatic sites
are available only if the proposed work is the least environmentally
damaging, practicable alternative. Please furnish information regarding
any other alternatives, including upland alternatives, to the work for
which you have applied and provide justification that your selected plan
is the least damaging to water or wetland areas.
b. It is necessary for you to have taken all appropriate and
practicable steps to minimize wetland losses. Please indicate all that
you have done, especially regarding development and modification of plans
and proposed construction techniques, to minimize adverse impacts.
C. The MOA requires that appropriate and practicable mitigation
will be required for all unavoidable adverse impacts remaining after all
appropriate and practicable minimization has been employed. Please
indicate your plan to mitigate for the projected, unavoidable loss of
waters or wetlands or provide information as to the absence of any such
appropriate and practicable measures.
This information is essential to our expeditious processing of your
application and it should be forwarded to us by October 27, 1995. Also,
a copy of this information must be sent to the North Carolina Division
of Environmental Management to enable them to adequately evaluate your
application for a Water Quality Certification pursuant to Section 401 of
the Clean Water Act.
Your application, pursuant to Section 10 of the River and Harbor
Act and Section 404 of the Clean Water Act, has been assigned Action
ID No. 199505687 and will be coordinated by Mr. Raleigh Bland in our
Washington Regulatory Field Office. Mr. Bland is available at telephone
[phone], extension 23.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
Copies Furnished (without enclosure):
Mr. John Parker
9ivision of Coastal Management
/North Carolina Department of Environment,
Health and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687

-3-
Mr. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of Environment,
Health and Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Ms. L. K. (Mike) Gantt
U. S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Richard Watts
Elizabeth City Regional Office
North Carolina Division of Coastal Management
1367 U.S. 17 South
Elizabeth City, North Carolina 27909
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. George Wood
Environmental Professionals, Inc.
Post Office Box 3368
Kill Devil Hills, North Carolina 27948

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON. NORTH CAROLINA 28402.1890
REPLY TO
ATTENTION OF � � Y � n .'� q
Regulatory Branch
I
Action ID.. 11
1115Q a�j Applicant �Y L C- V .
Waterway f [Yn Lo �Otin (_County QdKe- Type Work 1L11 �L�Lfoj
Mr. Larry Hardy
National Marine
Service, NOAA
Pivers Island
Beaufort, North
Fisheries
Carolina 28516
Ms. L. K. (Mike) Gantt
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:
1
Mr. John Parker J
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, Nort Caro 'na 27611-7687
rMr• (?�c�pY• W .
Regional Office
Division of Co stal Management
North Carolina Department of
Environment, Health and
a ura Reso rc s
EI.� c- etc a n
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 �{
Questions or comments ma be addressed to r
Regulatory Branch, WI ) Field Office, telephone (jjj) �7 7 IbIb
Sincerely,
G. Wayne Wright
`
4
Chief, Regulatory Branch
Enclosure
'1
Nn W m 0 RWvC W Papa

`'sw�P`°`
UNITED STATES DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
NATIONAL MARINE FISHERIES SERVICE
Southeast Regional Office
9721 Executive Center Drive North
St. Petersburg, Florida 33702
October 13, 1995
Colonel Robert J. Sperberg
District Engineer, Wilmington District
Department of the Army, Corps of Engineers
P. O. Box 1890
Wilmington, North Carolina 28402-1890
Attention Raleigh Bland
Dear Colonel Sperberg:
In accordance with Part II, Section 4 of the Current Memorandum of
Agreement between the Departments of Commerce and the Army, I am
offering the following comments on permit application 199505687(GP)
dated September 18, 1995. The applicant, Cutty Sark Development
Corporation, proposes to excavate and fill wetlands for the
construction of a residential subdivision at Avon, Dare County,
North Carolina.
The proposed project consists of excavating a 1,420-foot-long
portion of an existing 25- to 30-foot-wide by 2-foot-deep canal
located on the western side of the property to a width of 35 feet
and a depth of 5 feet at mean low water. Dredged material would be
placed in an approximately one acre pond located on the upland
portion of the property with the effluent from the disposal area
discharged back into the canal. Also proposed is the placement of
fill material in a 140-foot-long by 50-foot-wide area of tidal
marsh for road construction. The purpose of the work is to provide
water access and maximize the number of lots in the subdivision.
The approximately ten acre site is adjacent to estuarine waters and
wetlands associated with two canals connected to Mariners Cove and
ultimately Pamlico Sound. The canal proposed for widening has a I-
to 2-foot-wide fringe of mixed needlerush (Juncus roemerianus),
saltmeadow cordgrass (Spartina patens), and saltmarsh cordgrass
(Spartina alterniflora). Widening of the canal will result in the
loss of approximately 0.07 acre of these valuable wetlands, and the
deepening of 0.93 acre of shallow subtidal habitat. In addition,
0.16 acre of emergent marsh will be filled for road construction.
Intertidal emergent wetlands found on the project site provide a
source of detritus that is an important component in the aquatic
food chain that supports fishery resources. During periods of high
water, these wetlands provide a refuge from predators and remove
excessive nutrients and pollutants, thereby, maintaining water
MA
® Primednn Rcgckd Paper ',

quality.1 A variety of commercially, recreationally, and
ecologically important fish and invertebrates utilize the project
area as habitat including the Atlantic croaker (Micropogonias
undulatus), spot (Leiostomus xanthurus), spotted seatrout
(Cynoscion nebulosus), flounders (Paralichthvs spp.), striped
mullet (Mugil ceohalus), Atlantic menhaden (Brevoortia t rannus),
shrimp (Penaeus spp.), and blue crab (Callinectes sauidus).
The canal proposed for dredging is a part of an approximately 1.59-
mile-long system that parallels the highway and eventually
reconnects with the waters of Pamlico Sound. If this work is
authorized as proposed, other property owners may propose similar
widening of other portions of the canal for boating access
resulting in an unacceptable cumulative loss of fringe marsh and an
increase in boat traffic in this restricted system.
The National Marine Fisheries Service is opposed to any work which
will result in the loss of wetlands that support living marine
resources. This is especially true when less damaging alternatives
are available as is the case with this project. Therefore, we
recommend against federal authorization of this work unless the
following revisions are incorporated in the project plans:
1. The dredging of the southern most 850 feet of the canal shall
be deleted from the project. Alternatively, a community boating
access area, including a boat ramp, may be constructed in the
upland area designated as lot Number 3 on the northwest corner of
the property. The remaining portion of the canal from the
recommended boat ramp to Mariners Cove, approximately 600 feet, may
be excavated as proposed to provide access to the waters of Pamlico
Sound.
2. The alignment of the proposed access road connecting the
subdivision to NC 12 shall be realigned to avoid all wetlands.
We appreciate the opportunity to provide these comments.
AndXdas Mage,17/,, Jr.
Assistant Regional Director
Habitat Conservation Division
1Wiegert, R.G. and B.J. Freeman. 1990. Tidal salt marshes of
the southeast Atlantic coast: a community profile. U.S. Fish and
Wildl. Serv. Biol. Rep. 85(7.29). 70 pp.
ZNoble, E.B. and F.J. Monroe. 1991. Classification of Pamlico
Sound nursery areas: Recommendations for Critical Habitat Criteria.
APES Project Number 89-09, pp 81.

'- cc: FWS, ATLA, GA
FWS, Raleigh, NC
EPA, ATLA, GA
NCDEHNR, Raleigh,
NCDEHNR, Morehead
F/SE02
NC
City, NC

ftfflNMrrer, Pe0F=0xn> A 1NQ
N b 8 1995 Planning for a better environment
ovem er ,
[phone]
North Carolina Division of Coastal Management
Attn: Mr. Doug Huggett NO�co�a��Nt
P. 0. Box 27687 �yP�PG
Raleigh, NC 27611-7687
Dear Mr. Huggett:
This letter is in response to our telephone conversation regarding Cutty Sark
Development Corporation. It is my understanding that the resource agencies have
responded to this request, and the only environmental concern which has been raised
is with regards to the access road which and crosses a wetland area. In order to
alleviate the concerns raised by the resource agencies, we propose to delete the
access road from the proposal and will re-route the road and to avoid wetland areas.
I hope that this project modification will allow for resolution of the issues raised by the
resource agency and will result in the issuance of a permit for the excavation so that my
client may achieve this work during this dredging season.
I appreciate your efforts with regard to this matter and look forward to the expeditious
consideration of this request.
4 Sincerely, ,��
/). 6/""
George H. Wood, CEP
cc: Mr. Wallace Beckham
P. 0. Box 806
Avon, NC 27915
P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 2 7 9 4 8 - 3 3 6 8

qti
Dr. and Mrs. Edward M. Lieberman 4i
311 King George Rd.
NC 77MX
September 3, 1995
GeorgeH. Wood, CEP
Environmental Professionals, Inc.
P.O. Box 3368
Kill Devil Hills, NC 27948-3368
Dear Sir:
We have received the plans for dredging a channel from within Scarborough Creek into Mariners Cove and
Pamlico Sound by Cutty Sark Development Corporation. We are the owners of lot 35 on the site plan you
supplied with your letter of June 23. 1995.
We have the following major concerns concerning the planned dredging and housing development as it
directly effects my property:
1. Dredging a deep channel along the creek that boarders my property will come dangerously close
to the long length of my dock which extends out into the creek about one third of the width of the creek.
Dredging would seriously undermine the pilings along the edge of the dredged channel endangering the
stability of the whole dock.
2. The increase in the depth of the channel is presumed to allow large power boats to navigate the
creek to the housing development. As a result of the increased boat traffic by my property the increase in
noise level will seriously endanger its value as a retreat from the city for both my family and for the 15 or
so weeks each year that the cottage is ranted by people seeking a retreat.
At the present time the rentals I have had over the years have been small families or couples who
have been extremely pleased with the quietness of the site and its safety for small children. The property
has been well taken care of by these renters, many of whom have returned year after year. The rental
profile will definitely change with channel dredging and the large housing development in the vicinity. I
would expect that the cottage will be more attractive to a more active boating and fishing crowd who, in my
12 years of experience, do not appreciate private property in the same way my present renters do. In the
past, the cost in wear and tear on the cottage by this renter profile limits its value as a rental property.
3. You should be aware that at the present time the property along the creek is not bulk -headed
and until now there has been no significant erosion of the creek bank. With the increase in boat traffic that
is to be expected due to dredging and the inability of anyone to effectively regulate boat speed and boat
courtesy in this area, I would expect that severe erosion will occur and seriously damage my property. To
protect my property would require expensive bulk -heading along the entire length of the property line-
tun
short, tine present plans for dredging the creek into Mariners Cove and the Pamlico Sound is
acceptable in its present form and must address the concerns listed above to my satisfaction prior to
ginning the project.
Sincerely,
CCX71 'LQ �LGx%sr r)1
Dr. and Mrs. Edward M. Lieberman

1"
Dr. and Mrs. Christopher D. Casscells
Hatteras Colony Associates
100 Buck Road r-,*NMc)r
Greenville, DE 19807 1 "': U i ..'
[phone]
August 13, 1995 ri AUa 2 3 1995
George H. Wood, CEP
P.O.BOX 3368
Kill Devil Hills, North Carolina 27948-3368
Dear Sir:
We have received your plans for dredging a channel from what we call Mariner's Cove
into Pamlico Sound. We own the corner property lot #34 in Hatteras Colony. We have
property on the canal, but more importantly you diagram a channel dredging right in front
of our docking area and oyster bed. It appears that we would no longer be able to moor
our boats and that the present channel into our dock would be jeopardized. We have
extensive bulkheading at the very spot where you intend to bend the channel, which would
be destroyed by the frequent passage of large boats. We are very concerned about boats
coming around the comer of our bulkhead and having to make a turn into the channel of
the cove.
Typically, when we are in Hatteras we have two boats tied up to our pier and three or
more children playing around the pier and in the cove. We already have problems with
power boats and jet skis operating in the cove at a high speed. We only see the dredging
as adding more boats to our already growing problem. We feel our children would be in
danger from the boats and our boats damaged by the wake of many boats going in and out
of the canal.
Our other concerns lie with the dredging of a canal on the southern side of Big Island.
There is a good channel already out of the cove and we feel that a new channel would
change the essential character of Big Island. It is great place to crab and learn to
windsurf. We don't want to see larger boats have the ability to go around both ends of
Big Island. As it is now, only smaller boats with limited draft and windsurfers can pass
over the sandbar on the southern end of Big Island at low tide. We'd like to see it stay
that way.
We feel that dredging the canal out into the cove and beyond to Big Island would
endanger our children and our property and lessen our enjoyment of Mariner's cove. We
are concerned that the channel cuts right in front of our property instead of between snake
island and the dike. We are advised that the proposed channel will destroy our own deep
water dock access and cause the destruction of our bulkhead. As such we do not agree
with the proposed plans and request a cessation of any plans to dredge.
Sincerely,
Dr. and Mrs. Christopher D. Casscells

Dr. and Mrs. Christopher Casscells
100 Buck Road
Greenville, DE 19807
[phone]
August 13, 1995
North Carolina Division of Coastal Management
17 S Highway
Elizabeth City, North Carolina
Dear Sirs:
Attached you will find a letter in response to Enviromental Professional, Inc in regards to
the Cutty Sark development in Avon, North Carolina and their desire to dredge out an
existing canal and to further dredge a channel from Mariner's Cove to Pamlico Sound. We
have many objections and hope you will review their request to dredge.
Sincerely,
,--A, —41a4-, e, ���
Dr. and Mrs. Christopher D. Casscells

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
February 2, 1996
Cutty-Sark-Davelopment-Corporation
P.O. Box 220
Avon, N.C. 27915
Dear Sirs:
IDFEE HNF1
The Division of Coastal Management hereby acknowledges receipt of the required
Stormwater Management Plan Certification for the proposed development adjacent to Pamlico
Sound and Mill Creek in Avon, Dare County. This information was received by this office on
February 2, 1996, and is sufficient to allow for renewal of the processing of your application for a
Coastal Area Management Act (LAMA) permit The projected deadline for malting a decision on
your application is now February 21, 1996, although final action on the permit application is
expected prior to this date.
matter.
Please feel free to contact me at [phone] if you have any questions concerning this
Sincerely,
Doug Huggett
Assistant Major Permits Coordinator
cc: DCM-Elizabeth City
DCM-Morehead City
George Wood, Environmental Professionals
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper

State of North Carolina IT
Department of Environment, LTIKWA
Health and Natural Resources 1 •
Division of Coastal Management. _
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary ®�
Roger N. Schecter, Director
January 9, 1996
Cutty Sark Development Corporation
P.O. Box 220
-- --- =- - Avon, N.C.27915 =- - ---- -- °-- — - - - _..
Dear Sirs:
This letter is in response to your application request under the Coastal Area Management
Act (CAMA) to develop a 10.3 acre tract for a residential subdivision, including the excavation of
two channels. Processing of your application is nearing completion. However, it has been
determined that a stormwater management plan for the proposed development must be submitted
to and approved by the N.C. Division of Environmental Management prior to the initiation of
development. You should contact the Division of Environmental Management, Stormwater
Section, at [phone], extension 264, for more information concerning stormwater ri^:
management requirements. t'
In accordance with T15A:07H.0208(a)(1)(C), which states that appropriate water quality
standards must be met prior to the issuance of a CAMA permit, processing of your application
must be terminated until such time as documentation of approval of the stormwater management
plan is provided to this office. As required by T15A:07J.0204(d), during the pendency of any
termination of processing, the permit processing period will not run. Following receipt of
documentation of approval of the stormwater management plan, processing will begin at the point
where it was terminated.
If you have any questions concerning this matter, please feel free to contact me at (919)
733-2293, P.O. Box 27687, Raleigh, N.C. 27611.
Sincerely,
Pr�- yam_
Doug Huggett
Assistant Major Permits Coordinator
cc: Lynn Mathis, DCM - Elizabeth City
DCM - Morehead City
George Wood, Environmental Professionals, Inc.
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer W%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
November 14, 1995
Cutty Sark Development Corporation
P. O. Box 220
Avon, NC 27915
Dear Sir:
TOK
A &; t*A
E)FEE HNFi
This letter is with reference to your application for a Coastal Area Management Act
Major Development permit to carry out construction on property located adjacent the Pamlico
Sound, in Dare County. Although processing of the application is nearing completion, additional
time is needed for this office to complete the review and make a decision on your request.
Therefore, it is necessary that the standard review time be extended. An additional 75 days is
provided by G.S. 113A-122(c) which would make January 28, 1996 the new deadline for
reaching a decision on your request. However, we expect to take action prior to that time and
will do so as soon as possible. In the interim, if you have any question on the status of your
application, do not hesitate to contact this office.
DH/aw
Very sincerely,
Doug Huggett
Asst. Major Permits Coordinator
cc: Lynn Mathis
DCM--Elizabeth City
George Wood
Environmental Professionals
P.O. Box 27687. Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 60%recycled/ 10%post-consumer paper

State of North Carolina
` Department of Environment,
Health and Natural Resources A
•
Division of Coastal Management
James B. Hunt, Jr., Governor p E H N R
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
September 12, 1995
Curry Sark Development Corp.
P. O. Box 220
Avon, NC 27915
Dear Sirs:
The Division of Coastal Management hereby ackno��es receipt of your application
for State approval for development of your property located between Bonito Road and Due
East Way off NC 12 in Avon, Dare County adjacent a man made canal off Pamlico Sound.
It was received on August 31, 1995, and appears to be adequate for processing at this time.
The projected deadline for making a decision isyovemberlt4, 1995. 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 city. North Carolina 27909 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10%post-consumer paper

September 12, 1995
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,
c/AJ
Lynn W. Mathis
Field Representative III
LWM/dc
Enclosure
cc: John Parker
Richard L. Watts
George Wood

Cutty Sark Development Corp.
PO Box 806
Avon, NC 27915
March 8, 1995
Environmental Professionals, Inc.
PO Box 3368
Kill Devil Hills, NC 27948-3368
Attention: George Wood
Dear Mr. Wood:
I am giving George Wood permission to act as my agent for
procuring permits to dredge and to put fill on my property
in Cutty Sark Development Corporation.
Very truly yours,
Wallace L. Beckham
President
WLB/drs

ExHIBLT ,.A.,
X
All that certain tract of land lying and being in or near the Village of
Avon, Kinnakeet Township, Aare County, North Carolina, and bounded as follows:
Beginning at an iron pipe located and being in the North line of Hatteras
Colony, Section 3, Village of Avon, said beginning point being located 181
feet, more or less, from the West margin or right of way of N.C. Highway No.
12, at Avon, and also being located on the South margin or right of way of a
50-foot private road known as Cutty Sark Lane, as shown on map or plat of
Cutty Sark Lane, Village of Avon, Kinnakeet Township, Dare County, North
Carolina, prepared by Robert D. Kramer, Jr., Registered Surveyor, dated
December 11, 1975, said beginning point being also the Fast corner of the
lot designated as Lot 8 on the aforesaid plat, and running thence from the
beginning point North 20 deg. 30 min. East 50 feet across the said private•
road to an iron pipe located on the North margin of said private road; thence
North 20 deg. 30 min. West 250.47 feet to an iron pipe located in the line
of the Hatteras Colony Subdivision; thence along the line of Hatteras Colony
Subdivision North 81 deg. 43 min. 36 sec. West 314.28 feet to a concrete
monument; thence North 81 deg. 43 min. 36 sec. West 366 feet to an iron pipe
or other marker located in the line of Hatteras Colony Subdivision; thence
cornering and running along said Hatteras Colony Subdivision line South 15 deg.
11 min. 46 sec. West 935.97 feet to a concrete monument located in the line
of said Hatteras Colony Subdivision; thence cornering and running South 89
deg. 59 min. 17 sec. East 138.65 feet along said Hatteras Colony Subdivision
line to a concrete monument; thence continuing along said line South 89 deg.
38 min. 17 sec. East 251.37 feet to a concrete monument; thence continuing
along said line South 88 deg. 55 min. 52 sec. East 225.28 feet to an iron
pipe located in Hatteras Colony Subdivision line, same also being the South-
east corner of Lot 11 on the plat by Kramer hereinabove referred to; thence
North 20 deg. 30 min. East 565.55 feet to the point or place of beginning.
For reference, see Book 625, page 300, Dare County Registry.
Together with and there is also conveyed hereby a perpetual easement of right
of way 50-feet in width for the purposes of egress, ingress and regress over
and along the following described parcel of land;
A certain parcel of land lying and being in Kinnakeet Township, Dare County,
North Carolina, near the Village of Avon, and being a part of the subdivision
known as Hatteras Colony, Section six, of the Hatteras Land Corporation, as
shown on map or plat thereof dated November 25, 1966, by Baldwin & Gregg,'
Engineers and Surveyors, said map being duly recorded in Map Book 3, page
13, of the Aare County Registry, and being known as Lot No. 6.
For reference, see deed in Book 190, page 851, Dare County Registry. Being
the lands conveyed to George Hale Limited by Southhold Realty Corporation,
deed filed of record in the office of Register of Deeds of Dare County, N.C.

BKpyprc019
The property hereinabove described was acquired by Grantor by instrument recorded in ..look ... .625..... ,...Page....30.0..........
Dare County Registry
A map showing the above described property is recorded in Plat Book ............................... page
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to
the Grantee in fee simple.
And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey
the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and
defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated.
Title to the property hereinabove described is subject to the following exceptions:
1.4 WITNESS WHEREOF, the Grantor has hereunto set his )rand and seal, or Ir corporate, has caused this Instrument to be signed In Its
corpora le name by Its duly au Worized officers and its seal to be hereunto affixed by authority of Its Board of Directors, the day and year first
above written. /y//&�,ss�
----------------- •: ---- _(SEAL)
(Corporate Name)
o Wallace L. Beckham, Trustee
BY: ----------------------------------------------------------- V '—'---"Aaw.__________________(SEAL)
x -'-' ' -
i
____________________________president ^ Ann L. Beekh rustee
ATTEST: 'J_______________________________________________(SEAL)
-------------- e,_.}_-Y• Se retary (Corporate Seal) V.)
•:yi, i-/
`•(sin:))`•w: r. .
.. •'^ is /
(SEAL
SEA4�Tdi1P,;e„ •s (. e NDBTII CAItU LINA, .. _.,- .l� °.CJ___ _______________Cou
nlY•
`'f'
{• •� �i'q1' a Notary rpk)Ic or the County and state aforesaid,
'Beckham,
Wallace L._ Beckham and Ann L.
rerl lf)' that _
Trustee of the Wallace L.
"
and Ann L. Beckham Revocable M. Kgar
`mac a.. :,r, .Trust, Sated Flarch 17, 1997•---
" ---------------------•-•---•---
personally a P 3' pPeared before me this day and acknowledged the execution of the foregoing Instrument. )fitness my
•
- != .: � • s• hand and official sISmp or seal, lids _lJ ]^__ day or __
�• .T�•� r _i.%b. 9 1
COU:Y� A ":..v
�I%
.Y.
kq• commission expires: _.J._!'G:_i_ /_ �__. _____.—_�!�/C:!.-_
'reiriri•• - -
�L`._ �f J:1_+. �.____ Notary
-- - - - Y cantle
SF.AI, STASIP NUItTII CAROLINA.------ .--------------------------- County.
1, a Notary Public of the County and Slate aforesaid, certify that ----------- _..............................
A Personally came before me this day and acknowledged that ____ be Is ----------------- _-------- _ Secretary of
x------------------------------------------------------ a North Carolina corporation, and That by authority duly
is
0"n and as file art of Else corporation, file foregoing Inslrrunent was signed In Its name by Its _______________
President. sealed wills Its corporate seal and attested by ----------- as Its _______ __ ____ ________ ______ secretary.
Witness my hand and official stamp or seal, this _______day of ........................... 19________-
al)• corm In isslon expires: ............................... ......... __--__._-..---___ Notary Public
The foregoing Crr I t$.--- � ) __C------1__', &; - I
- t_ V)s-.-4. `�.-
i—i S— �.--' - -
------------------------------------- -----------------------------------
--------------------------- -----------------------------
Is,'are certified to be correct. This IlWrum is and Ihl3 felliflcate are duly registered at file date and lime and In the Rook and. Page shown on the
first page he'e.f.
-------" \/�\.I 1 .� 1� `f
">^•'u �--V�---- - = ----- -- __REGISTER OF DEEDS FOR. __.. J. aOt.�•Q�--J------------ COUNTY
i�
91 ________-`- t`•.""l-'-'�S`--�'}--`I"-'- .----- Register of Deeds
A..nr. Form \'n. 1 u 191b, Itrvlvyl c I91)
........o. A[. ,. ,..
..........oa nnss

F � '
CK848I'll p19
EXEMPT
DARE COUNTY TAX
COLLECTOR
ao. _b1993
Excise Tax
'93 FED 11 Pfl 3 Ill
'?
Ili ••^,I ...; '.iED ql
Recording Time. Book and Page
Tax Lot No........._ . ...__. _...._.. .. _...._ Parcel Identifier No. __......_ .......... _ ........ ._ ....
Verified by ......__ .. _ .......... _ ..___ ___ _... County on the day of ... ... _ __ 19 _.......
by................ ...... _....... . _._ _. ._._.. _. ...__._. _._......_......... ..... __._........
Mail after recording to . ,Merrell & Barnes, Attorneys at law
P.O. Box. 1775 Nags.Head, NC 27959.1 ......... I .. .....
This instrument was prepared by _. Dan L. Merrell
Brief description for the Index
NORTH CAROLI//%NA GENERAL WARRANTY DEED
THIS DEED made this ..._�� _ day of J4,1"?va-U-AJ_. 19 9:3 , by and between
GRANTOR
WALLACE L. BECKHAM and ANN L. BECKHAM
of P.O. Box 220, Avon, NC, TRUSTEES
OF THE WALLACE L. AND ANN L. BECKHAM
REVOCABLE LIVING TRUST, dated March
17, 1987
GRANTEE
MMy—Mirk Development- Corporation,
a North Carolina Corporation
P.O. Box 220
Avon, NC 27919
Enter in appropriate block for each party; name, address, and, If appropriate, character of entity, e.q. corporation or partnership.
The designation Grantor 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 the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby
acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that
certain lot or parcel of land situated in the 6tttynof Village Of Avon I Kinnakeet Township,
Dare County. North Carolina ;and more particularly described as follows:
See attached Exhibit "A"
f . oar ban'. ro"n \a. n c 1976, R-kM . 19]] ..I-., .'.v................. .-4 c r...— M.

INC.
Planning for a better environment
[phone]
August 20, 1995
Dr. and Mrs. Christopher D. Casscells
Hatteras Colony Associates
100 Buck Road
Greenville. NC. 19807
Dear Dr. and Mrs. Casscells:
This letter is to confirm receipt of your letter of concern regarding the dredging of the
channel in Mariner's Cove. I appreciate you taking the time to review this information
and responding with your comments. O..MMU"
I have forwarded the concerns that you have expressed to the North Carolina Division
of Coastal Management, and we will be coordinating with that office to incorporate
appropriate design modifications which will address the concerns which have been
raised by the adjacent property owners. It is our hope that the proposed project could
be modified in a way which would address your concerns and result in a positive
benefit to your property.
The CAMA major Development process provides for public notifications so there are
opportunities to hear ideas and concerns that are expressed by adjacent riparian
property owners. I appreciate you participating in this process and request that the
Division of Coastal Management keep you apprised of the permit application decision.
Sincerely,
George H. Wood, CEP
cc: North Carolina Division of Coastal Management
1367 U. S. 17th South
Elizabeth City, NC 27909
P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 2 7 9 4 8 - 3 3 6 8

ENv>BoiKWAMESSIONAL INC,
Planning for a better environment
[phone]
June 23, 1995
Mr. Sydney Mulder
P.O. Box 489
Avon, NC 27915
Dear Mr. Mulder:
Attached you will find an application made on behalf of Cutty Sark to dredge the
access channel which is adjacent to your property in Avon, NC. Should you have
questions or comment regarding the proposed project please contact me or the North
Carolina Division of Coastal Management. I appreciate your consideration of this
matter.
�Sincerely, / /
y/J�w
George H. Wood, CEP
P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 2 7 9 4 8 - 3 3 6 8

Erlv>itONHWALPR0FE ONAMINC.
Planning for a better environment
[phone]
June 23, 1995
Mr. Roger Elvry
2215 Forry Rd.
Lancaster, PA 01760
Dear Mr. Elvry:
Jrrtrt� r-� n r
i
U l', LPL�:
------------------------
Attached you will find an application made on behalf of Catty Sark to dredge the
access channel which is adjacent to your property in Avon, NC. Should you have
questions or comment regarding the proposed project please contact me or the North
Carolina Division of Coastal Management. I appreciate your consideration of this
matter.
Sincerely,
'1�/i w�Wl
George H. Wood, CEP
P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 2 7 9 4 8 - 3 3 6 8

EMONMEIVTTALPB,IRRONAiS, INC,
Planning for a better environment
[phone]
June 23, 1995
Mr. John Petrin
P.O. Box 368
Avon, NC 27915
Dear Mr. Petrin:
Attached you will find an application made on behalf of Cutty Sark to dredge the
access channel which is adjacent to your property in Avon, NC. Should you have
questions or comment regarding the proposed project please contact me or the North
Carolina Division of Coastal Management. 1 appreciate your consideration of this
matter.
Sincerely,
George H. Wood, CEP
P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 27948.3368

ENVIRO Mrnr,PeoEMONAL%Ixc
Planning for a better environment
[phone]
June 23, 1995
Ms. Sharon Cravotta
108 Blossom La.
Elkton, MD 21921
Dear Ms. Cravotta:
-- .-.-----
Attached you will find an application made on behalf of Cutty Sark to dredge the
access channel which is adjacent to your property in Avon, NC. Should you have
questions or comment regarding the proposed project please contact me or the North
Carolina Division of Coastal Management. I appreciate your consideration of this
matter.
Sincerely,
George H. Wood, CEP
P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 2 7 9 4 8 - 3 3 6 8

ErMoMM PeoR.ss[IAM INC.
Planning for a better environment
[phone]
June 23, 1995
Mr. John Groetsch
929 Hurl Dr.
Pittsburgh, PA 15236
Dear Mr. Groetsch:
Attached you will find an application made on behalf of Cutty Sark to dredge the
access channel which is adjacent to your property in Avon, NC. Should you have
questions or comment regarding the proposed project please contact me or the North
Carolina Division of Coastal Management. I appreciate your consideration of this
matter.
Sincerely,
George H. Wood, CEP
P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 27948.3368

ENVIRONOMPROFMOMINC
Planning for a better environment
[phone]
June 23, 1995
Mr. Paul McGuckian
105 Wall St.
Rockville, MD 20850
Dear Mr. McGuckian:
lfll ,�1i.�} 'iJ i St3b..
J
-- .I--
v - ---
Attached you will find an application made on behalf of Cutty Sark to dredge the
access channel which is adjacent to your property in Avon, NC. Should you have
questions or comment regarding the proposed project please contact me or the North
Carolina Division of Coastal Management. I appreciate your consideration of this
matter.
Sincerely,
eorge H. Wood, CEP
P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 2 7 9 4 8 - 3 3 6 8

ENVIRONMUMPEOFESSIONATS INC.
Planning for a better environment
[phone]
June 23, 1995
Mr. Ed Lieberman
311 King George Rd.
Greenville, NC 27858
Dear Mr. Lieberman:
Attached you will find an application made on behalf of Cutty Sark to dredge the
access channel which is adjacent to your property in Avon, NC. Should you have
questions or comment regarding the proposed project please contact me or the North
Carolina Division of Coastal Management. i appreciate your consideration of this
matter.
Sincerely,
George H. Wood, CEP
P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 2 7 9 4 8 - 3 3 6 8

FNMONUrrel, PROEMONA INC.
Planning for a belief environment
[phone]
June 23, 1995 U
sum - -"-._
Hatteras Colony Assoc.
c/o Chris Callcells
100 Buck Rd.
Wilmington, DE 19307
Dear Mr. Callcells:
Attached you will find an application made on behalf of Cutty Sark to dredge the
access channel which is adjacent to your property in Avon, NC. Should you have
questions or comment regarding the proposed project please contact me or the North
Carolina Division of Coastal Management. I appreciate your consideration of this
matter.
Sincerely,
Geor e H. Wood, CEP
P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 2 7 9 4 8 - 3 3 6 8

INC.
Planning for a better environment
[phone]
June 21, 1995
Mr. George Littrell
5209 Reels Mill Rd.
Frederick, MD 21701
Dear Mr. Littrell:
f b.-•� ____ �o
Attached you will find an application made on behalf of Cutty Sark to dredge the
access channel which is adjacent to your property in Avon, NC. Should you have
questions or comment regarding the proposed project please contact me or the North
Carolina Division of Coastal Management. I appreciate your consideration of this
matter.
Sincerely,
44'�-IIZA41-v
George H. Wood, CEP
P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 2 7 9 4 8 - 3 3 6 8

ENVIROMNE MPROFESSIONALS,ING
Planning for a better environment
[phone]
June 23, 1995
Mr. Robert Smith
23925 Old Hundred Rd.
Dickerson, MD 20842
Dear Mr. Smith:
Attached you will find an application made on behalf of Cutty Sark to dredge the
access channel which is adjacent to your property in Avon, NC. Should you have
questions or comment regarding the proposed project please contact me or the North
Carolina Division of Coastal Management. I appreciate your consideration of this
matter.
Sincerely,
George H. Wood, CEP
P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 2 7 9 4 8 - 3 3 6 8

ENVIRONMENTAL PROFESSIONAL% INC.
Planning for a better environment
[phone]
June 23, 1995
Mr. Fred Johnson
217 Windsor Park Dr.
Dobson, NC 27017
Dear Mr. Johnson:
Attached you will find an application made on behalf of Cutty Sark to dredge the
access channel which is adjacent to your property in Avon, NC. Should you have
questions or comment regarding the proposed project please contact me or the North
Carolina Division of Coastal Management. I appreciate your consideration of this
matter.
Sincerely,
George H. Wood, CEP
P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 2794.8-3368

ENyIROxhmM Pe0FES3I0NAiS, INC,
Planning for a better environment
[phone]
June 23, 1995
Mr. Thomas Holian
1197 Duck Rd.
Kitty Hawk, NC 27949
Dear Mr. Holian:
Attached you will find an application made on behalf of Cutty Sark to dredge the
access channel which is adjacent to your property in Avon, NC. Should you have
questions or comment regarding the proposed project please contact me or the North
Carolina Division of Coastal Management. I appreciate your consideration of this
matter.
Sincerely,
/ ,J `Z4W
George H. Wood, CEP
P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 2 7 9 4 8 - 3 3 6 8

FNVIRONUM PaoMoxnrs, INC,
Planning for a better environment
[phone]
June 23, 1995
Mr. Rapheal Myers
P.O. Box 511
Avon, NC 27915
Dear Mr. Myers:
JUPI 1 - 1995
17►--.:3"—
Attached you will find an application made on behalf of Cutty Sark to dredge the
access channel which is adjacent to your property in Avon, NC. Should you have
questions or comment regarding the proposed project please contact me or the North
Carolina Division of Coastal Management. I appreciate your consideration of this
matter.
Sincerely,
/, zLlr>tIl
George H. Wood, CEP
P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 27948.3368

E[WrnMM PR0FW0xnis, Ixc
Planning for a better environment
[phone]
June 23, 1995
Ms. Margaret Wroe
5352 29th St., NW
Washington, DC 20015
Dear Ms. Wroe:
Attached you will find an application made on behalf of Cutty Sark to dredge the
access channel which is adjacent to your property in Avon, NC. Should you have
questions or comment regarding the proposed project please contact me or the North
Carolina Division of Coastal Management. I appreciate your consideration of this
matter.
SSiifn'cerely, ",/
George H. Wood, CEP
P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 2 7 9 4 8 - 3 3 6 8

fV MNWPrnl,PROFESSIONALS INC,
Planning for a better environment
[phone]
June 23, 1995
Mr. Frank Carmen
4201 Dahill Rd.
Silver Spring, MD 20906
Dear Mr. Carmen:
Attached you will find an application made on behalf of Cutty Sark to dredge the
access channel which is adjacent to your property in Avon, NC. Should you have
questions or comment regarding the proposed project please contact me or the North
Carolina Division of Coastal Management. I appreciate your consideration of this
matter.
Sincerely,
George H. Wood, CEP
P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 2 7 9 4 8 - 3 3 6 8

DMONME1VTAL PsOFESSI0NAL4, INC.
Planning for a better environment
[phone]
June 23, 1995
Mr. David Monroe
118 Swinley Forest
Williamsburg, VA 23188
Dear Mr. Monroe:
Attached you will find an application made on behalf of Cutty Sark to dredge the
access channel which is adjacent to your property in Avon, NC. Should you have
questions or comment regarding the proposed project please contact me or the North
Carolina Division of Coastal Management. I appreciate your consideration of this
matter.
Sincerely,
George H. Wood, CEP
P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROL]NA 27948.3368

&MOrmOM PROFESSIONAL% INC.
Planning for a better environment
[phone]
June 23, 1995
Ms. Virginia Roberts
2525 Halifax Rd.
South Boston, VA 24592
Dear Ms. Roberts:
Attached you will find an application made on behalf of Cutty Sark to dredge the
access channel which is adjacent to your property in Avon, NC. Should you have
questions or comment regarding the proposed project please contact me or the North
Carolina Division of Coastal Management. I appreciate your consideration of this
matter.
Sincerely,
George H. Wood, CEP
P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 2 7 9 4 8 - 3 3 6 8

&MONMII MPEOFFSSIONMINC.
Planning for a better environment
[phone]
June 23, 1995
Ms. Joan Slavin
1793 Childs Rd.
Lake Oswego, OR 97034
Dear Ms. Slavin:
Attached you will find an application made on behalf of Cutty Sark to dredge the
access channel which is adjacent to your property in Avon, NC. Should you have
questions or comment regarding the proposed project please contact me or the North
Carolina Division of Coastal Management. I appreciate your consideration of this
matter.
/Sincerely,
George H. Wood, CEP
P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 27948.3368

&MONE vrAt,PROFEWONAL%Ixc
Planning for a better environment
[phone]
June 23, 1995
Ms. Gretchen Nash
P.O. Box 23
Avon, NC 27915
Dear Ms. Nash:
,.j a :w-
Attached you will find an application made on behalf of Cutty Sark to dredge the
access channel which is adjacent to your property in Avon, NC. Should you have
questions or comment regarding the proposed project please contact me or the North
Carolina Division of Coastal Management. I appreciate your consideration of this
matter.
Sincerely,
1` /✓
George H. Wood, CEP
P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 27948.3368

MorErrnr, PROFESSI0NAL4, INC
Planning for a better environment
[phone]
June 23, 1995
Mr. Patrick Cassidy
6014 Jan Mar Dr.
Falls Church, VA 22041
Dear Mr. Cassidy:
� J;1;•1 2 i3ga �
Attached you will find an application made on behalf of Cutty Sark to dredge the
access channel which is adjacent to your property in Avon, NC. Should you have
questions or comment regarding the proposed project please contact me or the North
Carolina Division of Coastal Management. I appreciate your consideration of this
matter.
Sincerely,
1clec-U, /J-A697�1
Geor ee HH. Wood, CEP
P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 2 7 9 4 8 - 3 3 6 8

ENVIRONlW, PROFEWOrr" INC
Planning for a better environment
[phone]
June 23, 1995
Mr. David Wollen
107 Cornwall St.
Leesburg, VA 22075
Dear Mr. Wollen:
JUN 2 7 1995
�. _ _ - - - - --
Attached you will find an application made on behalf of Cutty Sark to dredge the
access channel which is adjacent to your property in Avon, NC. Should you have
questions or comment regarding the proposed project please contact me or the North
Carolina Division of Coastal Management. I appreciate your consideration of this
matter.
Sincerely,
George H. Wood, CEP
P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 27948.3368

ErMrmErrrni, PROFMONALS, INN,
Planning for a better environment
[phone]
June 23, 1995
Mr. Charles Hinson
P.O. Box 1268
Kill Devil Hills, NC 27948
Dear Mr. Hinson:
JUt! 2 'i ;98
�JL--J , - .
.Attached you will find an application made on behalf of Cutty Sark to dredge the
access channel which is adjacent to your property in Avon, NC. Should you have
questions or comment regarding the proposed project please contact me or the North
Carolina Division of Coastal Management. I appreciate your consideration of this
matter.
Sincerely,
/4r- ✓l-IIl rr7l
George H. Wood, CEP
P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 27948.3368

EI MONME MPEOFMONAiS,ING
Planning for a better environment
[phone]
June 23, 1995
Mr. David Goodling
22 Stony Brook Dr.
Warren, NJ 07059.
Dear Mr. Goodling:
Attached you will find an application made on behalf of Cutty Sark to dredge the
access channel which is adjacent to your property in Avon, NC. Should you have
questions or comment regarding the proposed project please contact me or the North
Carolina Division of Coastal Management. I appreciate your consideration of this
matter.
Sincerely,
'may
, George H. Wood, CEP
P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 2 7 9 4 8 - 3 3 6 8

ENvIRONMEN9'AL PROFESSIONALS, INC.
Planning for a better environment
[phone]
June 23. 1995
Ms. Robin Kosstrin
P.O. Box 548
Jackson, NH 03846
Dear Ms. Kosstrin:
Attached you will find an application made on behalf of Cutty Sark to dredge the
access channel which is adjacent to your property in Avon, NC. Should you have
questions or comment regarding the proposed project please contact me or the North
Carolina Division of Coastal Management. I appreciate your consideration of this
matter.
Sincerely,
George H. Wood, CEP
P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 27948.3368

DWNWUPROFMOMINC,
Planning for a better environment
[phone]
June 23, 1995
Mr. and Mrs. Clifton James
9100 Brink Rd.
Gaithersburg, MD 20882
Dear Mr. and Mrs. James:
Attached you will find an application made on behalf of Cutty Sark to dredge the
access channel which is adjacent to your property in Avon, NC. Should you have
questions or comment regarding the proposed project please contact me or the North
Carolina Division of Coastal Management. I appreciate your consideration of this
matter.
Sincerely,
//. W&/Z/
George H. Wood, CEP
P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 27948.3368

Eluyl ONNNM PROFESSIONALS, INC.
'Planning for a better environment
[phone]
L, . �-
------
June 23, 1995
Mr, and Mrs. Jeffrey Goldberg
P.O. Box 250.
Avon, NC 27915
Dear Mr. and Mrs. Goldberg:
Attached you will find an application made on behalf of Cutty Sark to dredge the
access channel which is adjacent to your property in Avon, NC. Should you have
questions or comment regarding the proposed project please contact me or the North
Carolina Division of Coastal Management. I appreciate your consideration of this
matter.
Sincerely,
George H. Wood, CEP
P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 2 7 9 4 8 - 3 3 6 8

ENYISONME MPR0FEW0NAL%INC,
Planning for a better environment
[phone]
June 23, 1995
Mr. and Mrs. Duane Ragg
1203 Buchanan St.
McLean, VA 22101
Dear Mr. Ragg:
Attached you will find an application made on behalf of Cutty Sark to dredge the
access channel which is adjacent to your property in Avon, NC. Should you have
questions or comment regarding the proposed project please contact me or the North
Carolina Division of Coastal Management. I appreciate your consideration of this
matter.
Sincerely,
George H. Wood, CEP
P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 27948.3368

EMONMNMPBOFESSIONnis, ING
Planning for a better environment
[phone]
June 23, 1995
Mr. Michael McCaffrey
Carlton, Ltd.
P.O. Box 337
Indiana, PA 15701
Dear Mr. McCaffrey:
Attached you will find an application made on behalf of Cutty Sark to dredge the
access channel which is adjacent to your property in Avon, NC. Should you have
questions or comment regarding the proposed project please contact me or the North
Carolina Division of Coastal Management. I appreciate your consideration of this
matter.
Sincerely,
1�4eorge H. Wood, CEP
P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 2 7 9 4 8 - 3 3 6 8

EMMIOMPROFESSIONAiS ING
Planning for a better environment
[phone]
n
June 23, 1995
Mr. and Mrs. Harvey Wagner
RR 1
Emporium, PA 15834
Dear Mr. and Mrs. Wagner:
aura
Attached you will find an application made on behalf of Cutty Sark to dredge the
access channel which is adjacent to your property in Avon, NC. Should you have
questions or comment regarding the proposed project please contact me or the North
Carolina Division of Coastal Management. I appreciate your consideration of this
matter.
Sincerely,
George H. Wood, CEP
P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 2 7 9 4 8 - 3 3 6 8

EMONUBM PROFESSIONALS, INC
Planning for a better environment
[phone]
June 23, 1995
Mr. George Mer os
P.O. Box 39
Rodanthe, NC 27968
Dear Mr. Merjos:
Attached you will find an application made on behalf of Cutty Sark to dredge the
access channel which is adjacent to your property in Avon, NC. Should you have
questions or comment regarding the proposed project please contact me or the North
Carolina Division of Coastal Management. I appreciate your consideration of this
matter.
/Sincerely,
George H. Wood, CEP
P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 27948.3368

ErMoMMPROFE [ONMIxc.
Planning for a better environment
[phone]
JJN 2 7 1995
June 23, 1995
Mill Creek Partnership
P.O. Box 358
Avon, NC 27915
Dear Sirs:
Attached you will find an application made on behalf of Cutty Sark to dredge the
access channel which is adjacent to your property in Avon, NC. Should you have
questions or comment regarding the proposed project please contact me or the North
Carolina Division of Coastal Management. 1 appreciate your consideration of this
matter.
Sincerely,
'�� //. G�W
George H.
Wood, CEP
P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 2 7 9 4 8 - 3 3 6 8

DMOxbmMPROFERONAiB, INc
Planning for a better environment
[phone]
June 23, 1995
Mr. Walton Meekins
P.O. Box 87
Avon, NC 27915
Dear Mr. and Mrs. Miller:
U"I , 7 1995
Attached you will find an application made on behalf of Cutty Sark to dredge the
access channel which is adjacent to your property in Avon, NC. Should you have
questions or comment regarding the proposed project please contact me or the North
Carolina Division of Coastal Management. I appreciate your consideration of this
matter.
Sincerely,
1 Lt")i mod //
George H. Wood, CEP
P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 2 7 9 4 8 - 3 3 6 8

DWNHarM PBOFENOW ING
Planning for a better environment
[phone]
June 23, 1995
Mr. and Mrs. Dallas Buren Miller
P.O. Box 92
Avon, NC 27915
Dear Mr. and Mrs. Miller:
Attached you will find an application made on behalf of Cutty Sark to dredge the
access channel which is adjacent to your property in Avon, NC. Should you have
questions or comment regarding the proposed project please contact me or the North
Carolina Division of Coastal Management. I appreciate your consideration of this
matter.
Sincerely,
A-
GeorgL� H. Wood, CEP
P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 2 7 9 4 8 - 3 3 6 8

&MONdIIIVTALPBOFESSIONAiS, INC.
Planning for a better environment
[phone]
June 23, 1995
Mr. Milton Meekins
914 Red Rock Canyon Rd.
Katy, TX 77050
Dear Mr. Meekins:
MIN 2 "t 11995
Attached you will find an application made on behalf of Cutty Sark to dredge the
access channel which is adjacent to your property in Avon, NC. Should you have
questions or comment regarding the proposed project please contact me or the North
Carolina Division of Coastal Management. I appreciate your consideration of this
matter.
Sincerely,
George H. Wood, CEP
P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 27948-3368

E[MINKNMPeo>ENONALS,INC.
Planning for a better environment
[phone]
June 23, 1995
Mr. and Mrs. Wallace Gray
P.O. Box 86
Avon, NC 27915
Dear Mr. and Mrs. Gray:
Attached you will find an application made on behalf of Cutty Sark to dredge the
access channel which is adjacent to your property in Avon, NC. Should you have
questions or comment regarding the proposed project please contact me or the North
Carolina Division of Coastal Management. I appreciate your consideration of this
matter.
Sincerely,
may.. I J� GP/ea
George H. Wood, CEP
P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 2 7 9 4 8 - 3 3 6 8

ENWMmMP$�INC.
Planning for a better environment
[phone]
June 23, 1995
Mr. and Mrs. Richard Meekins
P.O. Box 99
Avon, NC 27915
Dear Mr. and Mrs. Meekins:
.JutJ _ ..
Attached you will find an application made on behalf of Cutty Sark to dredge the
access channel which is adjacent to your property in Avon, NC. Should you have
questions or comment regarding the proposed project please contact me or the North
Carolina Division of Coastal Management. I appreciate your consideration of this
matter.
Sincerely,
za-"r /I.-
lt/avzl
George H. Wood, CEP
P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 27948-3368

EMONKMOROFESSIOW INC,
Planning for a better environment
[phone]
June 23, 1995
Mr. and Mrs. David H. Meekins
6304 Chestnut Hill Rd.
Virginia Beach, VA 23464
Dear Mr. and Mrs. Meekins:
Attached you will find an application made on behalf of Cutty Sark to dredge the
access channel which is adjacent to your property in Avon, NC. Should you have
questions or comment regarding the proposed project please contact me or the North
Carolina Division of Coastal Management. I appreciate your consideration of this
matter.
Sincerely,
yu-
/J. 146
George H. Wood, CEP
P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 2 7 9 4 8 - 3 3 6 8

BMIOrmmM PROFERONATS, INC.
Planning for a better environment
[phone]
June 23, 1995
Ms. Veda G. Merrill
Box 2
Avon, NC 27915
Dear Ms. Merrill:
Attached you will find an application made on behalf of Cutty Sark to dredge the
access channel which is adjacent to your property in Avon, NC. Should you have
questions or comment regarding the proposed project please contact me or the North
Carolina Division of Coastal Management. I appreciate your consideration of this
matter.
Sincerely,
//,,[�.� /J- Ctf"r
George H. Wood, CEP
P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 27948.3368

EXv>$oXeEMPRoFMOXai INC
Planning for a better environment
[phone]
June 23, 1995
Mr. Erskin Hooper
12510 Patterson Ave.
Richmond, VA 23233
Dear Mr. Hooper:
Attached you will find an application made on behalf of Cutty Sark to dredge the
access channel which is adjacent to your property in Avon, NC. Should you have
questions or comment regarding the proposed project please contact me or the North
Carolina Division of Coastal Management. I appreciate your consideration of this
matter.
Sincerely,
eorge IH Wood, CEP
P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 2 7 9 4 8 - 3 3 6 8

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tla. Article Number
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JNI 1. Dbemnbe, 1991 --dy :Iooxws.Y DOMESTIC RETURN RECEIPT
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Article Addressed lo:
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7. Date.1 Delivery
T. Date 01 Delivery
16.
a.AddAddress Wnlylf mguesledand
aM fee is paid) - I
Signture(AddmszCN
B. Addressee's Adtlrers lOnlyilregucn 5. Signature )Addressee)
fee is paid)
Slgpawre IA9entl
Sigrmtum M,.ntl
,RECElfN.
DOMESTIC RETURN RECEII '' P6 Form 3817, Dvambe, 1991 musayD.mmNls.m
DOMESTIC RETURN I
Form 3811. December 1991 evspao: n.x-azs.m
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4b. Services Type
❑ Py 'fddsed El Into
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Pecuet we wwronmmrrwa.rin•w••au..r.Jwmea•r.
Consult postmaster for lee.
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Number c
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8.Addressee', Address(Only it requested
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... 3811, December 1991 ads. err:mer-]see - DOMESTIC RETURN RECEIPT
aGbrvm. en.kev p yU IollZinB smvicc5110r an Oxlm
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to me ewrr or mr mdlw.c•. w-rM bide a. are. 1. ❑ Add........ Address
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3. Aniele Adamssed to:
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5. Signature (Addresser)
d
¢ S. Signrtom (Agent)
PS Form 31111. December 1991 aa5m'RI
❑ Ryf9lstemtl ❑ Insured
O'cerdrea ❑ COD
❑ Exp.... Mull ❑ Return Recall far
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r
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1 also wish to recaiva the
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1{ ❑ Atldrenee'f All... y
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Consuls postmaster fee lee.' °
le Number' z
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1. ❑ Addrossae's Addressin
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R.Addressee's Address (Only it requested ifa.
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rda lnn¢nn
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tM
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van
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3. ArIIBIH Addressed to:
4a. Anida Numpsrp
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> PS Form 3811, De ember 1991 oU.S.GP0:7993-352-714 DOMESTIC RETURN RECEIPT
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> PS Form 3811, December 199 .S. GPO: 1993�2-714
DOMESTIC
y
RECEIPT

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SENDER:
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> PS Form 3811 December 1991 - *US GP0:1eea-352714 Y. DOMESTIC RETURN RECEIPT
m SENDER:
ye Complete",items 1 and/or>2 for add i, at services qa -Il_, .also wish to receive the i
m Complete items 3 end 4a & b ,r ; 1 fpI wing ServlCe9 (for an extra O
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'W PS Form 3811. December 1991 ` nu.s. GPO:1e93' as2-714'' DOMESTIC RETURN RECEIPT :{
M1 :.
to SENDER: -
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y Complete items 1 and/or 2 for additional services. y'a-OSQ ' } -
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0 return this card to you..,- `- - -
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tloes not permit. ;+: ?-":. i. b - -
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HPS Form 3811, December 1991 Rt1.S.GPG:1993 352-714 DOMESTIC RETURN RECEIPT

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M1
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v' • Print your name and address on the reverse of this form so that we can fee): >
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does not permit. -• Write"Rettim Receipt Requested"on the ❑ Restricted Delivery•The Return Receipt will show to whom th delivered. - C s It postmaster for fee.m3. Article Addressed to - icl u berAUG - E
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. >. PS Form'3811, Decembet 199f ;gu.S.GPG:1993�M-714 'DOMESTIC RETURN RECEIPT
M1
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y •_ Complete items 1 and/or 2 for additional serylees.. 9't 0, Q 1 also wish' :to receive the
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mPS Form 3811 December 1991-*U.S.GPO: 19a3--352.714 `DOMESTIC RETURN RECEIPT
M1 i
HSENDERComplete items 1 and/or 2 for additional services ,.S a �i� - 1 also wish to - receive ' the !
y Complete Items 3 and 4a & b w ./, _ following services (for an Extra y �•
Print your name and address on the,reye_rse of this form so that we o i
0 return this card to
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does'not Permit. ..: --' - :`a-T': W
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HP9 Form 3811, December/1991 4US.G1`0:1992--323-4W DOMESTIC RETURN RECEIPT

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SENDER: �rv�n)`,-0SO 1 also wish to receive the
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does Tot Pannit. - _
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m SENDER
`o - ?, ' -`-.�a 050=I:also ,wish to receive ,the
^y }Complete nm es 1 and/or 2 for additional servces in x. f following services (for an extra
m Complete nems 3 and 4a & b c + ;may. •y - 9 _s
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> PS Form 381`1, December 1991 *U.S.GPO: isa3.s2a14 - DOMESTIC RETURN RECEIPT
v SENDER:
y Complete items 1 and/or 2 for additional services.
to -• Complete items 3, and 4a & b.
• Print your name and address on the reverse of this form so that we can
return this card to you. -
at • Attach this fomr to the front of the mailpiece, or on the back if space
does not permit. , . _
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I also wish to receive the
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1. ❑ Addressee's Address '
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Form 31:511, December 1991 *U.S. GPO: 1ee3-­3s2414
RETURN RECEIPT

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1 also Wish to receive the
m lc Complete items 3, and 4a & b. �. _ . ,.
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RECEIVED
SEP 1 5 2004
AV. OF COASTAL MAt:AGEMENT P.O. Box 193
RALEIGH 40175 Due East West
Avon, NC 27915
September 11, 2004
Coastal Resource Commission
1638 Mail Service Center
Raleigh, NC 27699
Dear Sirs:
I am writing to express my concerns about the Cutty Sark project presently under
development along the canal in Avon, NC. My husband and I own a house on Due East
West along the canal just beyond the Cutty Sark developmant. We built our house from
the ground up as a family project in 1976 and this property is very dear to all of us. We
fear that the widening and deepening of the canal as well as the fill brought in to raise the
ground level at the Cutty Sark project threatens the stability of the properties nearby, such
as ours and others near the canal.
Recent storms such as Hurricane Alex brought flooding to these nearby properties
and caused erosion along the banks of the canal like we've never seen in our twenty eight
years here. In fact, decades old trees along the canal that were well established when we
built our house almost thirty years ago have been recently undermined and uprooted due
to erosion. In additon, pipes to well points on the other side of the canal have been
exposed, neighbors' wells have been contaminated by salt water, their docks damaged or
washed away, too.
We have read up on the laws regarding such coastal development projects and one
theme is clear throughout. No one has the right to build a project that creates damage to the
properties of others. Cutty Sark has an obligation to rectify the drainage problems it has
created. By widening and deepening the canal and trucking in fill to raise the ground level of
their property, they have, if effect, made the ground level of the nearby properties
relatively lower by comparison thereby subjecting them to increased risk of flooding. On
August 21, 2004, my son took careful measurements along the canal and found that the
width and depth where Cutty Sark had dredged was both wider and deeper than the
approved plan, as I understand it to be.
As good neighbors the owners and developers of this project have to do the right
thing and correct the problems they have created and they must build according to the
approved plan which, I trust, will not adversely affect my house and property or those of
my neighbors along the canal.
Thank you for your attention to this matter. I look forward to your reply.
Sincerely, /fin
Dorothy . Coleman

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