184-05 Kilmarlic Residential Community Association

Permit Class Permit Number
NEW 184-05
STATE OF NORTH CAROLINA z E `th
' '► :_�
Department of Environment and Natural Reso a
and F
Coastal Resources Commission
.1,a N 1006A4ordQQ
R�"
lip
for 'y M
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Kilmarlic Residential Community Association,215 Westside Lane,Powells Point,NC 27966
Authorizing development in Currituck County at adj. Albemarle Sound, Captains Way,
Kilmarlic Subdivision , as requested in the permittee's application dated 4/11/05(MP-1).4/12/05
(MP-3),&4/21/05 (MP-4),including the att'd workplan drawings(3), 1 dated 4/6/05, 1 dated rev'd 4/22/05,& 1 dated rev'd 12/16/05
This permit, issued on December 21,2005 , is subject to compliance with the application(where consistent
with the permit), all applicable regulations, special conditions and notes set forth below.Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
Docking Facility
1) This permit authorizes a maximum of 10 total boat slips. At no time shall more than 10 vessels be
docked or moored at this facility without permit modification. The restriction of the number of vessels
shall apply to all marine vessel types, including but not limited to motorboats, sailing vessels and
personal watercraft.
NOTE: Any proposal to add one or more additional boat slips to the authorized 10-slip facility will
require that the docking facility be classified as a marina, and will therefore require a review
under the N.C. Environmental Policy Act(NCEPA).
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the
other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission.
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit must be accessible on-site to Department
personnel when the project is inspected for compliance.
Ch es S. Jones, Director
Any maintenance work or project modification not covered Division of Coastal Management
hereunder requires further Division approval.
All work must cease when the permit expires on This permit and its conditions are hereby accepted.
December 31,2008 If
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal tAL C
Management Program. Signature of Permittee

Kilmarlic Residential Community Association Permit#184-05
Page 2 of 4
ADDITIONAL CONDITIONS
'l.
>' 2) The construction and/or operation of the authorized facilities shall not directly result in any closure of
` any wa that are en to the taking of shellfish. Any such closure directly attributable to the
authorized"facility My require that the permittee undertake remedial actions to remedy the situation.
3) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
docking facility. Any sewage discharge at the docking facility shall be considered a violation of this
permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout
the entire existence of the permitted structure.
4) This permit authorizes only the docks, piers, and other structures and uses located in or over the water
that are expressly and specifically set forth in the permit application. No other structure, whether
floating or stationary, shall become a permanent part of this docking facility without permit
modification. No non-water dependent uses of structures shall be conducted on, in or over public trust
waters without permit modification.
5) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts
of the structure and the adjacent property owner's riparian access corridor, which is determined by
drawing a line parallel to the channel or deep water, then drawing a line perpendicular to the channel
line that intersects with the shore at the point where the upland property line meets the water's edge.
6) The authorized covered platform shall not be enclosed. Any material used on the sides shall not obstruct
view and must be permeable to air and water. Screen or wire on the sides along with benches and knee
walls are permitted. Lattice is specifically excluded from being used under this authorization.
7) The roof of the covered platform shall not be designed for second story use.
8) No attempt shall 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.
9) The permittee shall maintain the authorized work in good condition and in conformance with the terms
and conditions of this permit. The permittee is not relieved of this requirement if he abandons the
permitted activity without having it transferred to a third party.
10) This permit does not authorize the interference with any existing or proposed Federal project, and the
permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury
which may be caused from existing or future operations undertaken by the United States in the public
interest.
11) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
Wooden Groins
12) Each groin shall extend no more than 25 feet waterward of the normal water level.

1
Kilmarlic Residential Community Association Permit#184-05
Page 3 of 4
ADDITIONAL CONDITIONS
13) Each groin shall be setback a minimum of 15 feet from the adjacent property owners riparian access
f corridor.
Y
14) The height of each groin shall not exceed 1 foot above normal water level.
15) No more than a rate of 2 groins per 100 feet of shoreline shall be allowed.
Stormwater Mangement
16) The N.C. Division of Water Quality approved this project under stormwater management rules of the
Environmental Management Commission under Stormwater Permit No. SW7050525 on 6/30/05. Any
violation of the permit approved by the DWQ will be considered a violation of this CAMA permit.
General
17) The permittee understands and agrees that, if future operations by the United States requires the
removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the
opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause
unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon
due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions
caused thereby, without expense to the United States or the state of North Carolina. No claim shall be
made against the United States or the state of North Carolina on account of any such removal or
alteration.
18) No vegetated wetlands or,open water areas shall be excavated or filled, even temporarily.
19) No portion of the authorized parking lot shall be constructed within 30' of the normal water level.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non-water
dependent activities are not authorized within 30 feet of the normal water level.
NOTE: It is strongly recommended that the permittee exercise all available precautions in the day-to-day
operation of the facility to prevent facility waste from entering the adjacent waters. Such
discharge, either directly or indirectly, to adjacent waters could contravene state water quality
standards,thereby violating state law.
NOTE: The permittee and/or his contractor is urged to meet with a representative of the Division prior to
project initiation.

Kilmarlic Residential Community Association Permit#184-05
Page 4 of 4
ADDITIONAL CONDITIONS
NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water
Quality Certification No. 3400 (DWQ Project No. 050927), which was issued on 7/13/05.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No.
198000291 (COE Action Id. No. 200511686) which was issued on 10/24/05.

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley,Governor Charles S.Jones, Director William G.Ross Jr.,Secretary
December 22,2005
Kilmarlic Residential Community Association
215 Westside Lane
Powells Point,NC 27966
Dear Sir or Madam:
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. Please sign both the original (buff-
colored form) and the Xerox stamped"Copy". 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.Please retain the original
(buff-colored form),as it must be available on site when the project is inspected for compliance.
If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-
121.1 or 113-229.Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office
of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, [phone] within twenty
(20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid
objection to the issuance of this permit within twenty(20)days,the matter must be resolved prior to work initiation.
The Coastal Resources Commission makes the final decision on any appeal.
The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be
carried out in accordance with your application. Modifications, time extensions, and future maintenance 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 is 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.
Sincerely,
Rev& V, �i
Douglas V. Huggett
Major Permits and Consistency Manager
Enclosure
400 Commerce Avenue, Morehead City, NC 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
I. APPLICANT'S NAME: Kilmarlic Residential Community Association
2. LOCATION OF PROJECT SITE: End of Captain's Way (pvt), Kilmariic Subdivision off US 158,
Mamie, Currituck County and on the Albemarle Sound
Photo Index—2000: 191-2235 (G-13) 1995: 191-2016 (0-5) 1989: 141-5 (S,T-15)
1984: 126-557 (T-6)
State Plane Coordinates - X: 2929800 Y: 870650 GPS: E051715A
Point Harbor Quad; UL
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit —05/11/05; 05/17/05
Was Applicant Present—Yes; No
5. PROCESSING PROCEDURE: Application Received Complete —04/25/05
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan -Currituck
Land Classification From LUP -
(B) AEC(s) Involved: PTA, EW and ES
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing — N/A
Planned - Septic drain field
(F) Type of Structures: Existing - None
Planned - Community pier, 10 slips, platform, 5 jetties,
parking area, and bathhouse
(G) Estimated Annual Rate of Erosion: 1 foot
Source - Observation
7. HABITAT DESCRIPTION:
SHADED CAPTURED COVERED
(A) Public Trust Area, Estuarine Pier, etc. Slips
Waters, Open Waters 1,880 sq. ft. 2,160 sq. ft.
(B) Estuarine Shoreline, Gazebo
Uplands 450 sq. ft.
Parking
1,140 sq. ft.
(C) Uplands Septic field Parking
1,650 sq. ft. 2,927 sq. ft.
disturbed Bathhouse
900 sq. ft.
(D) 404 Wetlands Bridge
288 sq. ft.
(E) Total Area Disturbed: 9,235 sq. ft. (212 acres)
(F) Primary Nursery Area: No
(G) Water Classification: SB Open: Yes

Field Investigation Report: Kilmarlic Residential Community Association
Page 2
8. PROJECT SUMMARY: The applicant proposes to construct a community water access site with
a pier, slips, platforms, parking and a bathhouse.
Proiect Setting
The site of the development proposal is an undeveloped 93,047-square foot tract (2.13 acres)
located at the end of Captain's Way (private), off Kilmarlic Club Drive (private) off West Side Lane,
SR 1112, off US 158 near Mamie, Currituck County and on the Albemarle Sound. The property is
mostly wetlands vegetated with gum, cypress, maple, common reed, soft rush and indigenous
grasses. There are two upland areas on the property. The first upland area is located along the
shoreline and consists of a sand beach strand and an overwash area approximately 470 feet long
and 60 feet wide. This area has an elevation of approximately+3 feet above normal water level
(NWL) and is vegetated with common reed and pines. The second upland area is located at the
north comer of the property and is approximately 11,000 square feet in size. This area is vegetated
with pine and has sandy soils and has an elevation of approximately +4 feet above NWL.
The property on either side is similar in physical characteristics and not developed.
The waters of the Albemarle Sound in this area are classified as SB and are open to shellfish taking.
The water depths in the area of the development proposal range from approximately--4 feet off
shore to —1 foot near shore.
Development Proposal
The applicant proposes to construct a Community Reserve Sound Access on the upland areas of the
property, which will be composed of the following structures:
1) A 6'x150' pier with a 14'x42' T-head. The applicant proposes to construct a 14'x14'
10gazebo over the center part of the proposed T-head.
2) *11,%mooring pilings to create 10 wet slips @ 12'x18' each
3) Two 14'x14' floating platforms attached to the pierto be located near the shoreline.
4) A 6'-wide and 12'-long access ramp for the pier.
5) Five, 25-long wooden jetties to be built along the vaster line.
6) Two on-shore 225-square foot gazebos to be located greater than 30 feet from the NWL.
7) A gravel driveway and parking area for eight vehicles. A component of the driveway will be
an elevated 12'-wide and 24'-long bridge to connect the two upland areas. The wetland
area that the bridge will cross is a sandy swale that is sparsely vegetated with common
reed.
8) A 30'x30' bathhouse with a 1,650-square foot septic drain field area.

Field Investigation Report: Kilmarlic Residential Community Association
Page 3
Anticipated Impacts
The development proposal will result in the following impacts:
1) The proposed pier and T-head and floating platforms will shade 1,880 square feet of
Public Trust Area and Estuarine Waters AECs and 72 square feet of Estuarine Shoreline
AEC.
2) The proposed 10 slips will capture 2,160 square feet of PTA, EW AECs.
3) The on-shore gazebos will cover 450 square feet of ES AEC with impervious surface.
4) The proposed gravel driveway and parking will cover approximately 1,140 square feet of
Uplands within the ES AEC and 2,927 square feet of Uplands. The elevated bridge will
shade approximately 288 square feet of possible 404 Wetlands.
5) The bathhouse will cover 900 square feet of Uplands with impervious surface and the
associated septic drain field will result in land disturbance of approximately 1,650 square
feet.
6) The proposed jetties should retard the current shoreline erosion and help trap sand along
the shoreline.
Temporary water turbidity will occur during construction. The proposed pier is the first along this
shoreline.
Submitted by: Frank A. Jennings, III
Date: May 18, 2005

Form DCM-MP-1
I
N -
APPLATIO C
(To be completed by all applicants)
b. City,town, community or landmark
1. APPLICANT Poplar Branch
c. Street address or secondary road number
a. Lando-vv ner: Captain's Way
Name Kihnarlic Residential Community d. Is proposed work within city limits or planning
Association c/o Warren Everhart jurisdiction? X Yes No
Address 215 Westside Lane e. Name of body of water nearest project (e.g. river,
City Powells Point State NC creek, sound,bay) Albemarle Sound
Zip 27966 Day Phone see agent
3. DESCRIPTION AND PLANNED USE
Fax
OF PROPOSED PROJECT
b. Authorized Agent:
Name Atlantic Environmental Consultants, LLC a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
Address P.O. Box 3266 Construction of day dock with 10 boat slips,a T-
Head with a gazebo and (2)kayak platforms:
City Kitty Hawk State NC A bridge gazebos and parking w/in 75' AEC, and
parking bathhouse and septic system outside
75'AEC.also five wooden groins (25 linear feet)
Zip 27949 Day Phone [phone]
b. Is the proposed activity maintenance of an existing
Fax [phone] project,new work,or both? new
c. Will the project be for public, private or commercial
c. Project name (if any) AEC405-026 use'? Private community
d. Give a brief description of purpose, use, methods of
NOTE: Permit will be issued in name of landowner(s), and/or construction and daily operations of proposed project.
If more space is needed, please attach additional
project name. pages. See attached proiect narrative
2. LOCATION OF PROPOSED
PROJECT
a. County Currituck Countv
Revised 03/9i

Form DCM-MP-1
APPLICATION
(To be completed by all applicants)
1. Are there wetlands on the site? X Yes _No
4. LAND AND WATER Coastal(marsh) Other 404 wetlands
CHARACTERISTICS If yes, has a delineation been conducted? ves
(,attach documentation,ifavailable)
a. Size of entire tract —633 acres in. Describe existing wastewater treatment facilities.
None at this time
b. Size of individual lot(s) Conuntmity Reserve Area=93.047
s f 1431ots vary nt size 15,140 s.f.to 21,547 s.f.
n. Describe location and type of discharges to waters of
c. Approximate elevation of tract above MHW or NWL the state. (For example, surface runoff, sanitary
4-5 feet wastewater, industrial/commercial effluent, "wash
downs" and residential discharges.) Surface runoff
d. Soil type(s)and texture(s)of tract
Contoe loamv sand,and Nimmo loam sand
e. Vegetation on tract Loblolly pine. sweet gum. and o. Describe existing drinking water supply source.
red maple None at this time
f Man-made features now on tract none (within
common area)
g. What is the CAMA Land Use Plan land classification 5. ADDITIONAL INFORMATION
of the site? (Consult the local land use plan)
Conservation Transitional In addition to the completed application form, the
Developed X Community following items must be submitted:
Rural Other
• A copy of the deed (with state application only) or
h. How is the tract zoned by local government? other instrument under which the applicant claims title
Single-family residential to the affected properties. If the applicant is not
claiming to be the owner of said property,then forward
i. Is the proposed project consistent with the applicable a copy of the deed or other instrument under which the
zoning? X Yes No owner claims title, plus written permission from the
(!Attach zoning compliance certificate, if applicable) owner to carry out the project.
j. Has a professional archaeological assessment been • An accurate, dated work plat (including plan view
done for the tract? Yes X No and cross-sectional drawings) drawn to scale in black
If ves, by whom? ink on an 8 1/2" by 11" white paper. (Refer to Coastal
Resources Commission Rule 7J.0203 for a detailed
k. Is the project located in a National Registered description.)
Historic District or does it involve a National Register
listed or eligible property? Please note that original drawings are preferred and
Yes X No only high quality copies will be accepted. Blue-line
prints or other larger plats are acceptable only if an
Revised 03/9i

Form DCM-MP-1
adequate number of quality copies are provided by • A signed AEC hazard notice for projects in
applicant. (Contact the U.S. Army Corps of Engineers
regarding that agency's use of larger drawings.) A site oceanfront and inlet areas.
or location map is a part of plat requirements and it
must be sufficiently detailed to guide agency personnel • A statement of compliance with the N.C.
unfamiliar with the area to the site. Include highway or Environmental Policy Act (N.C.G.S. 113A - 1 to 10)
secondary road(SR)numbers, landmarks,and the like. If the project involves the expenditure of public funds
or use of public lands, attach a statement documenting
compliance with the North Carolina Environmental
•A Stormwater Certification, if one is necessary. Policy Act.
•A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners 6. CERTIFICATION AND PERMISSION
have received a copy of the application and plats by TO ENTER ON LAND
certified mail. Such landowners must be advised that
they have 30 days in which to submit comments on the
proposed project to the Division of Coastal I understand that any pen-nit issued in response to this
Management. Upon signing this form, the applicant application will allow only the development described in
further certifies that such notice has been provided. the application. The project will be subject to conditions
Name Dave Dillon and restrictions contained in the permit.
Address 325 Bullard Street I certify that to the best of my knowledge, the proposed
Phone Walpole MA 02081 activity complies with the State of North Carolina's
Name Russ Kirk approved Coastal Management Program and will be
Address 222 Central Park Avenue conducted in a manner consistent with such program.
Phone Virginia Beach VA 23462
I certify that I am authorized to grant, and do in fact, grant
Name permission to representatives of state and federal review
Address agencies to enter on the aforementioned lands in
Phone connection with evaluating infonnation related to this
permit application and follow-up monitoring of the
• A list of previous state or federal permits issued for project.
work on the project tract. Include pennit numbers, I further certify that the infonnation provided in this
pennittee, and issuing dates. application is truthful to the best of my knowledge.
No permits issued specifically for the community
reserve area however permits were obtained when
Kilmarlic S/D was constricted includes: Stormwater & This is the I lth day of April ,200
Sedimentation Erosion Control Plan (NCDENR) -
Individual Permit (USACE) — issued —2002 no Print Name Roxanne Dorman
documents available at this time to obtain detailed
information Signatu `'`"
Lrnidokner or.4ztthorized Agent
Please indicate attachments pertaining to your proposed
• A check for $250 made payable to the Department of
Environment. Health, and Natural Resources project.
(DEHNR) to cover the costs of processing the _ DCM MP-2 Excavation and Fill Information
application. X DCM MP-3 Upland Development
X DCM MP-4 Structures Information
DCM MP-5 Bridges and Culverts
Revised 03/9'

Form DCM-NIP-3 - ..
UPLAND
DEVELOPMENT
(Construction and/or land disturbing activities)
Attach this form to Joint Application for CAMA Major Permit, h. Projects that require a CAMA Major Development
Form DCM-MP-1. Be sure to complete all other sections of the Joint Permit
Application that relate to this proposed project.
may also require a Stormwater Certification. Has a site
a. Type and number of buildings,facilities,units or development plan been submitted to the Division of
structures Enviro ental Management for review?
proposed Yes K No
If yes,date submitted
1 Bath house(boating facility) 5 pt2 z�SGsLt
b. Number of lots or parcels 1 (common area)
i. Describe proposed method of sewage disposal.
On site septic system
c. Density(give the number of residential units and the units
per N/A j. Have the facilities described in Item i.above received
acre) state or local no
approval?
d. Size of area to be graded,filled or disturbed including (Attach appropriate documentation)
roads,ditches,etc. Bathhouse= 900 s.f.
Parking area=4,067 s.f. k. Describe location and type of proposed discharges to
Bridge=288 s.f waters of the state(for example,surface runoff,sanitary
(2)gazebos=500 s.f wastewater, industrial/colnrnercial effluent, "wash down"
ramp=72 s.f and residential discharges).
TOTAL Disturbance= 5,827 s.f. Surface runoff
e. If the proposed project will disturb more than one acre of 1. Describe proposed drinking water supply source
land,the Division of Land Resources must receive an (e.g. well,community,public system, etc.)
erosion and sedimentation control plan at least 30 days County municipality
before land disturbing activity begins. If applicable,has a
sedimentation and erosion control plan been submitted to in. Will water be Yes X No
the Division of Land Resources? _ Yes X No
If Yes, date submitted N/A impounded'?
If yes,how many acres? N/A
f. List the materials(such as marl,paver stone,asphalt,or n. If the project is an oceanfront development. when NNas
or concrete)to be used for paved surfaces.
the
Gravel parking
lot(s) platted and recorded`. N/A
g. Give the percentage of the tract within 75 feet of MHW or Kilmarlic AEC#05-026
NWL,or within 575 feet in the case of an Outstanding ApAcant or Proj ame
Resource Water,to be covered by impervious and/or built- w ,
upon surfaces,such as pavement,buildings, rooftops,or to Signature
be used for vehicular driveways or 6.3%
parking. Date

7 .
1� PR 2 5 :: 5
Form DCM-MP-4
STRUCTURES
.
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major Permit, e. Mooring buoys N/A
Fonn DCM-MP-1. Be sure to complete all other sections of the (1) Commercial _ Private_ Community
Joint Application which relate to this proposed project. (2) Number N/A
(3) Description of buoy(Color,inscription,size,anchor, etc.
a. Dock(s)and/or Pier(s) N/A
(1) Commercial Private Community X
(2) Number 1
(3) Length 150' (4) Width of water body N/A
(4) Width 6' (5) Distance buoy(s)to be placed beyond shoreline
(5) Finger Yes _ No X N/A
Piers
(i) Number N/A
(ii) Length N/A f. Mooring structure(boatlift, mooring pilings,etc.) pilings
(iii) Width N/A (1) Commercial X Conummity Private
(6) Platform(s) X Yes No (2) Number 10
(i) Number 3 (3) Length :l*' j9—
(ii) Length 2 @ 14' (4) Width —12"
T-head C
42'
(iii) Width All
14'
(7) Number of slips proposed 10 g. Other(Give complete description)
(8) Proximity of structure to adjacent riparian property Gazebo— 14'x 14'gazebo proposed at the end of the 150
proposed pier.
lines 60 feet
(9) Width of water body 2 miles
(10) Water depth at waterward end of pier at MLW or
NWL 5.5 feet
b. Boathouse(including covered lifts) N/A
(1) Commercial Private
(2) Length N/A
(3) Width N/A Kilmarlic AEC#05-026
cant of Pr ' me
C. Groin(e.g. wood,sheetpile,etc.) WOODEN
(1) Number 5
(2) Length 25' Signaiture na
d. Bulkhead (e.g.wood, sheetpile,etc.)N/A - ! —,1—1 Q
(1) Length N/A Date
(2) Average distance from MHW, NWL,or
wetlands N/A
(3) Maximum distance beyond MHW.NWL or
wetlands N/A

PROJECT NARRATIVE
KILMARLIC RESIDENTIAL COMMUNITY ASSOCIATION
Community Reserve Area Sound Access - CAMA MAJOR PERMIT
The proposed project is located on the Albemarle Sound off Captain's Way in
Kilmarlic Subdivision in Poplar Branch, Currituck County, North Carolina. Kilmarlic
is a developed 143 lot golfing community located on the Albemarle Sound.
Warren Everhart, in care of Kilmarlic Residential Community Association,
proposes to construct a sound access boating facility for the property owners
within Kilmarlic Subdivision and construct wooden groins to minimize further
erosion to the shoreline. Construction proposed within Public Trust waters
includes a 150' x 6' community pier with ten boat slips (ten mooring pilings) for day
docking only, two kayak platforms, a T-head with a gazebo and five wooden
groins. Construction proposed on highground includes a bathhouse, septic field,
gravel parking and unloading area and two gazebos. A twelve foot wide wooden
bridge is proposed to cross Section 404 non-riparian wetlands to access the
loading area and pier.
The proposed pier is 150' x 6' wide. Five mooring pilings (-16'x 12") placed
approximately 18 feet off the 150' dock, 12' apart, on both sides of the pier (10
pilings total), to allow mooring for ten boats. The proposed T-head includes two
14'x 14' uncovered platforms and a covered 14'x 14' gazebo. Two floating kayak
platforms (14' x 14') are proposed at the east end of the pier in approximately two
feet of water. Proposed floating kayak platforms will be attached to the pier by
hinges to allow floating platform to fluctuate with the wind tides. Total square
footage of T-head and platforms = 980 s.f. (total allowance: 470 linear feet of
shoreline x 4 = 1 ,880 s.f.)
Five wooden groins, 25' in length, are proposed along the shoreline, one hundred
feet apart. The northern and southern most groins will be located outside the 15
foot riparian corridor. Groins will be constructed in accordance with the terms and
conditions prescribed in 15A NCAC07H .1405
This project does not include wetland fill or coastal wetland impacts.
Upland development includes the construction of a bathhouse, septic system for
bathhouse, gravel driveway, parking and loading area and two gazebos.
Septic Area irregular = 1 ,650 s.f.
Bath house -30'x 30' = 900 s.f.
Gravel parking irregular = 2,927 s.f.
Gravel loading area irregular = 1 ,140 s.f.
2 gazebos 2 x 225 = 450 s.f.
Total upland disturbance = 7,067 s.f.

(Page 2. project narrative-Community Reserve Area Sound Access)
Proposed disturbance/impervious areas within 75' AEC:
Gravel loading area irregular = 1,140 s.f.
2 gazebos 2 x 225 = 450 s.f.
Total 1,590 s.f.
Total proposed disturbance/construction within 30' Buffer is 72 s.f.
Ramp to pier 12' x 6' = 72 s.f.
Total disturbance within non-riparian Section 404 wetlands is 202 s.f. (portion
of bridge over wetlands)
Platted water depths were taken by Warren Everhart on April 7, 2004. Water
depth at the end of the proposed pier is —5.5 feet. Water depths within the area of
10 boat slips minimum —4.5 feet. Water depth within the area of kayak platforms is
2 feet.
Methods of construction includes: barge, hydraulic pumps and hand tools to be
used to construct the pier, platforms and groins. Bridge will be constructed before
loading area. Bridge will be constructed using a hydraulic pump and hand tools
(12' wide bridge will be engineered and constructed to support vehicles to loading
area). Two Gazebos are already built and will be placed on highground within the
75' AEC. Bathhouse will be constructed using hand tools. Septic field will be
constructed using a backhoe and bobcat. Gravel parking and loading area will be
constructed using a dump truck and bobcat.
The proposed day dock boating facility will allow Kilmarlic Subdivision property
owners (143 lots) access to the Albemarle Sound, for recreational and sight seeing
purposes.
-7
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ZCD - Z002

Kilmarlic Residential Community Assoc.
c/o Warren Everhart
759 S. Bayview Drive
Jarvisburg, NC 27947
1, Warren Everhart authorize Atlantic Environmental Consultants, LLC (AEC) to
apply for environmental permits on the behalf of Kilmarlic Residential
Community Assoc. for property located in Poplar Branch, Currituck County,
North Carolina.
AUTHORI ATION DATE/

DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
A) APPLICANT: Kilmarlic Residential Community Association County: Currituck
LOCATION OF PROJECT: End of Captain's Way (pvt), Kilmarlic Subdivision off US 158, Mamju
DATE APPLICATION RECEIVED COMPLETE BY FIELD REP: 04/25/05 _
FIELD RECOMMENDATION: Attached: NO To Be Forwarded: YES MAY 2 7 2005
CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES)rehead City DCM
FIELD REPRESENTATIVE: Frank A. Jennings, III DISTRICT OFFICE: Elizabeth City
DISTRICT MANAGER REVIEW: Ted Sampson,
p / � _ Date: 05/25/05
B) DATE APPLICATION RECEIVED IN RALEIGH: 0512 7/0,f FEE REC'D: $250
PUBLIC NOTICE REC'D: C5/291 END OF NOTICE DATE: f /71oS
ADJ. RIP. PROP NOTICES REC'D: DEED REC'D:
APPLICATION ASSIGNED TO: ON: 6­1a77/05­
C) 75 DAY DEADLINE: 071olo-S 150 DAY DEADLINE: 091, Z/b,5
MAIL OUT DATE: STATE DUE DATE:
FEDERAL DUE DATE: FED COMMENTS REC'D:
PERMIT FINAL ACTION: ISSUE DENY DRAFT ON
AGENCY DATE COMMENTS OBJECTIONS: NOTES
RETURNED YES NO
Coastal Management- Regional Representative ;/'-34"
Coastal Management- LUP Consistency b'�- " 0�
Division of Community Assistance
Land Quality Section
Division of Water Quality 1���" S 34 b o
Storm Water Management(DWQ) 4W
State Property Office b3
Division of Archives &History � - 113—O S t►�
Division of Environmental Health 6 -/I-O!�_
Division of Highways 6_ t -OS—
Wildlife Resources Commission
Division. of Water Resources
Division of Marine Fisheries D-5
Submerged Lands (DMF)

Permit##_/g Y `o 5 _
DCM Coordinator: //owe /
AILING DISTRIBUTION:
Perndtee r l' feSitlQuy�"a.�. �.,Ow.N^w�» ASSOC .
P DoX 326(�, �► r
Agent: 4ICL ,t C Fitu:�o....,e••• LL�or►Swl�-a.�t� L � A-'L .1"79`I9
DCM Field Offices:
'.aheth i '
ead Ci
Washington
Wilmington
US Army Corps of Engineers(USACE):.
Washington: Mike Bell(NCI)OT)
Bill Biddlecorne(NCDOT)
Raleigh Bland
Wilnngton: Dave Timpy(NCDOT)
Henry Wicker '
Others:
Cultural Resources: IL
Environmental Health:Marine Fisheries:NCDOT:
Shellfish Sanitation:State Property Office:Water Quality:
. John Hennessy(NCDOT)
Water Resources: John Sutherland \�
Wildlife Resources: ana n
Bennett Wynne \
David Cox(NCDOT)
Travis Wilson(NCDOT)
LPO:
FAXING DISTRIBUTION:
Permitee at
Agent at
DCM Field Offices:
Elizabeth City(252/264-3723)
Morehead City(252/247-3330)
Washington(252/948-0478)
Wilmington(910/350-2004)
US Army Corps of Engineers(USACE):
Washington: Mike Bell(NCDOT)
Bill Biddlecome(NCDOT)
Raleigh Bland(252/975-1399)
Wilmington: Dave Timpy(NCDOT)
Henry Wicker(910/2514025)
CA-NIA Major Permit Process Manual Page 70 of 70

i
��A
WDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G.Ross Jr., Secretary
/� December 16, 2005
Roxanne D. Dorman J Vtl
Atlantic Environmental Consultants, LLC '
P. 0. Box 3266
Kitty Hawk,NC 27949
Re: Everhart Project to construct a culverted roadway over 404
wetland fill, with one bridge across an existing agricultural
ditch, and a second bridge over 404 and coastal wetlands
within the Estuarine Shoreline, to access a turnaround area
with gazebo, and a wooden walkway connecting to a pier
with platform, boathouse/boatlift and a mooring piled boat
slip.
Dear Ms. Dorman:
The NC Division of Coastal Management hereby acknowledges receipt of your application on
November 28, 2005, for State approval for the development of the referenced project. An initial
screening of the submittal package has been conducted. This revealed certain deficiencies, which
must be corrected before the application package can be accepted as complete. To assist you in
expediting the permitting process as much as possible, I am notifying you of these deficiencies
immediately so that they can be quickly corrected to facilitate the detailed review by the Field
Representative.
I am returning the original application package so that the needed changes can be made, but will
retain a copy so that the Field Representative can commence the detailed review. Please
understand that the subsequent detailed review may reveal additional areas where further
information or documentation is required to demonstrate compliance with the rules directly
applicable to the proposed development. If this occurs, you will be notified of such issues
separately by the Field Representative.
Our initial screening has identified the following deficiencies:
1. Not all questions on the application have been answered, or indicated as "not applicable."
Please address the following items:
■ Form DCM-MP-2, Number 1.c., about excavation of coastal wetlands is marked
with an "x" in the "no" blank, but is also marked with an "N/A;" Number 2.e.,
about disposal of excavated material in wetlands is marked with an "x" for both
"Yes" and "NO," and is also marked as "N/A;" Number 2.£, is marked with an
"x" for "No," and is also marked as "N/A;" please clarify these entries. It may be
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccoastaimanagement.net
An Equal Opportunity 1 Affirmative Action Employer—30%Recycled by Fiber Weight

Roxanne D. Dorman
December 16, 2005
Page 2
easiest to just mark the Sub-section Title area as "N/A," and leave the remaining
potential entries blank.
■ Form DCM-MP-2, Number 31, about type of riprap material should be amplified
to indicated the type and size of proposed rock material to ensure it is of a
sufficient size and weight to remain in place along this high energy shoreline.
■ Form DCM-MP-2, Number 4, about "Other Fill Activities," is missing the entries
4.a.(2), And 4.b.(1) and (2).
■ Form DCM-MP-2, Number 5.c., about crossing wetlands in transporting
equipment is marked as "No," but it appears that it should be marked, "Yes."
Additional detail should be provided to indicate how the wetlands will be
protected from the construction activities. It seems likely that this will be
accomplished by moving equipment along and over the road as it is constructed
within the fill area, but matting will probably be necessary in the construction of
the bridge over the coastal wetlands.
2. Adequate Work Plans or Drawings have not been submitted. Please address the following
items:
■ When drawings are larger than 11 inches by 17 inches, 26 copies must be
provided. We understand that the remaining copies will be submitted, as is your
normal practice, once agreement has been reached that the drawings are complete.
■ Plats must be to scale and not greater than 1 inch to 200 feet; please provide all
needed cross-section drawings to scale.
■ A Plan View must be submitted that:
- References Elevations to Normal Water Level; this applies in particular
to the water depths on the Plan View.
■ The Plan View should incorporate the name of the consultant or agency that
determined the 404 and coastal wetland areas, along with the dates on which these
determinations were made.
■ The Plan View should label each proposed boat slip with a distinctive number so
that there will be no confusion as to the total number of boat slips being proposed.
■ Cross-Section Drawings must be submitted that:
- Depict the required information; specifically a cross-section should be
provided that shows the proposed riprap structure, including the manner
in which it will be placed incorporating any erosion control fabric (if
proposed). The cross-section drawing of the pier should reflect its
elevation above the wetland substrate. A cross-section drawing of the

Roxanne D. Dorman
December 16, 2005
Page 3
bridge over the coastal wetlands should be provided showing its
proposed height over the wetland substrate, as well as an elevation
drawing of how this will transition from the height of the fill roadway to
its height above the coastal wetlands.
- Reflect depths and elevation of new work relative to existing ground
level.
- Reference elevations to zero at NWL.
3. A copy of a Deed or other Title Indicating Document must be provided. Please submit the
needed documentation.
4. A letter is needed that documents your authorization to act as agent for the applicant.
5. Documentation of Notification of Riparian Property Owners must be provided. Please
submit Certified Return-Mail Receipts for this notification, along with a copy of any
comments received in reply. It is our understanding that your will provide these once the
responses are received, as is your normal practice
6. A Check or Money Order to cover the Application Fee must be submitted.'Please provide
this in the amount of $250 for private non-commercial development that meets the
requirements to apply NC Division of Water Quality's General Water Quality
Certification Number 3301.
To expedite our response to your permitting request, we will commence the detailed review of
your application for a permit pending the receipt of the additional information requested above.
However, the statutorily provided 75/150 days allowed for review cannot commence until such
time as we have received a complete application package. Once your application has been
accepted as complete, you will receive a separate notification letter.
If it is not possible to render a permit decision within 70 days of the date when your application
is received complete, you may request a meeting with the Director of the Division of Coastal
Management and permit staff to discuss the status of your project. Such a meeting will be held
within five working days from the receipt of your written request and shall include the property
owner, developer, and project designer/consultant.
I am also sending a copy of this letter to you by Email to try to expedite the review process. Our
procedures provide for the processing clock to not be suspended if within 3 working days of the
Email, or within 5 working days from the date of this letter, we receive a reply from you that
adequately addresses the issues that have been raised.

Roxanne D. Dorman `
December 16, 2005 /
Page 4
Please do not hesitate to contact me, or the assigned Field Representative, Mr. Frank Jennings, at
our Elizabeth City office (252 264 3901) if you have any questions regarding this letter or the
permitting process.
Sincerely,
�� `1iarG/
Ted Sampson
District Manager
Northeast District
TS:yc
L-- - Doug Huggett, Major Permits Coordinator,NC Division of Coastal Management, Morehead City

Kilmarlic Club
Subject: Kilmarlic Club
From: 'Bland,Raleigh W SAW" <[e-mail]>
Date: Wed, 26 Oct 2005 08:39:59 -0400
To: 'Rich Weaver\(E-mail\)" <[e-mail]>, "Jonathan Howell\(E-mail\)"
<Jonathan.Howell @ncmail.net>
We are still working on an admin penalty, but ready to let the CAMA permit roll.
Kilmarlic Club AID No. 200511686 General Permit 198000291 240ct05
Penalty is looking to be around 10K. I tried to get more, but will take this and run. Thanks for the patience.
1 of 1 10/26/2005 1:58 PM

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT,CORPS OF ENGINEERS
Washington Regulatory Field Office
P.O Box1000
Washington,North Carolina 27889-1000
IN REPLY REFER TO October 26, 2005
Regulatory Division ^-
Action ID: 200610056a� �JJJ
V✓ "i,
NOV 0 2 N05
Morehead City �CM
Mr. Bryan Sullivan
Post Office Box 279
Harbinger,North Carolina 27941
Dear Mr. Sullivan:
This correspondence confirms that on October 19, 2005,Mr. Raleigh Bland of my staff met
your business partner, Mr. Warren Everhart, at the Kilmarlic Club, located off U.S. Highway
158, adjacent to the North River and the Albemarle Sound, in Powell's Point, Currituck County,
North Carolina. The purpose of this meeting was to address non-compliance with the permit
issued to Mr. Tom Steele for work undertaken within Department of the Army regulatory
jurisdiction at The Kilmarlic Club(Action ID 200111049). This correspondence also confirms
your October 24, 2005,telephone conversation with Mr. Bland.
Special Condition b. of the subject permit states that, "The Permittee shall undertake the
construction and monitoring of 2.51 acres of forested wetlands as described in the approved plan
entitled Mitigation Plan for Kilmarlic Residential Golf& Community,prepared April 15,2002,
as revised April 17, 2002. The construction will be implemented concurrently with all phases of
construction activities undertaken on this site as authorized by this permit." Mr. Bland's
investigations revealed that you constructed the golf course and residential community without
complying with this permit condition. Subsequent to discussions with W. Bland,the Kilmarlic
Club only recently commenced and completed construction of the required compensatory
mitigation work.
Noncompliance with your permit constitutes a violation of Section 404 of the Clean Water
Act(33 USC 1344). As discussed with Mr. Bland,you are to monitor and manage the
compensatory mitigation site pursuant to the permitted mitigation plan. We are also considering
administrative penalties against you for this work.'Accordingly,you will be contacted in the near
future by Wilmington District's Office of Counsel regarding this matter.
Failure to comply with this request may result in referral to the United States Attorney with a
recommendation for civil prosecution and or civil penalty for a violation of permit conditions
pursuant to 33 USCA Section 1319(g)(1)(b).

-2-
Thank you for your time and cooperation. If you have any questions,please contact Mr.
Bland at the Washington Regulatory Field Office, Post Office Box 1000, Washington,North
Carolina 27889-1000,telephone[phone], extension 23.
Sincerely,
David M. Lekson, P.W.S.
Chief, Washington Field Office
Copies Furnished:
United States Attorney
Eastern District of North Carolina
310 New Bern Avenue
Suite 800,Federal Building
Raleigh,North Carolina 27601
Mr. Ronald J. Mikulak, Chief
Wetlands Regulatory Section
Water Management Division
United States Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. Pete Benjamin
United States Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh,North Carolina 27636-3726
Mr. Ron Sechler
National Marine Fisheries,NOAA
Habitat Conservation Division
Pivers Island
Beaufort,North Carolina 28516

-3-
Ms. Cyndi Karoly
Division of Water Quality
North Carolina Department of Environment
and Natural Resources
1650 Mail Service Center
Raleigh,North Carolina 27699-1650
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City,North Carolina 28557
Mr. Ted Sampson
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
1367 US 17 South
Elizabeth City,North Carolina 27909
Mr. Warren Everhart
759 South Bayview Road
Jarvisburg,North Carolina 27949

RE:Kilmarlic Residential
Subject: RE: Kilmarlic Residential
From: "Bland, Raleigh W SAW" <[e-mail]>
Date: Thu, 18 Aug 2005 14:54:04 -0400
To: "Jonathan Howell" <[e-mail]>
Permit can not move until mitigation issues resolved. I would recommend
applicant put on hold until taken care. I have had several conversations with
their consultant and they understand what needs to be done. We will be able
to issue a permit once they prove they have met the mitigation requirements
from their previous DA Individual Permit. We will probably be looking at an
Admin Penalty process for a violation of their permit conditions as well. I
am processing their CAMA permit application and really have no problem to
date, however, we will not be able to issue until they met their obligations.
They reportedly started planting trees Tuesday morning. Thanks!
-----Original Message-----
From: Jonathan Howell [mailto:[e-mail]]
Sent: Thursday, August 18, 2005 2:44 PM
To: Bland, Raleigh W SAW
Subject: Kilmarlic Residential
Raleigh,
I was wondering if you had any news on Kilmarlic Residential. I know
they were into you guys for some mitigation or restoration, I cant
remember which, can you give me a heads up if they got moving on that
thing? Thanks.
Jonathan
1 of 1 8/18/2005 2:55 PM

Re:Kilmarlic Residential
Subject: Re: Kilmarlic Residential
From: Jonathan Howell <[e-mail]>
Date: Wed, 27 Jul 2005 09:05:01 -0400
To: Bill Moore<[e-mail]>
Do you do Onslow County also? If not, can you let me know who does?
Jonathan
Bill Moore wrote:
Jonathan Howell wrote:
Bill,
Good morning. I am assuming you are still semi-retired but in the office
sometime. I was wondering if you had any comments on Kilmarlic Residential.
It is a CAMA Major Development permit in Currituck County. Get back to me when
you can.
Jonathan
Good Afternoon Jonathan,
I checked our files for the Kilmarlic Development and found the following:
(1) SW7020914 - Low Density permit issued for Kilmarlic Club Residential
Subdivision - 11/14/02
143 sfr lots, golf club & maintenance area
(2) SW7050525 - Kilmarlic Dock - Roger recalls this project was a CAMA Major
Stormwater Exemption issued 6/30/05
BIMS dbase indicated this dock project is covered by
SW7020914
Hope this helps. If you have any further info, Roger Thorpe reviewed this one.
1 of 1 8/5/2005 10:39 AM

�pF W A TF19 Michael F.Easley,Governor
William G.Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
5 Y Alan W.Klimek,P.E.Director
Division of Water Quality
July 13, 2005
DWQ Project#05-0927
Currituck County
Kilmarlic Residential Community Association
c/o Warren Everhart
215 Westside Lane JUL 1 5
Powells Point,NC 27966
DIV.OF C '
Subject Property: Kilmarlic Residential Community
J(J!_ 2 2 2005
Approval of 401 Water Quality Certification(GC3400)with Additional Conditions
Dear Mr. Everhart: IVIOrehead City DCM
You have our approval, in accordance with the attached conditions,to place fill material within or
otherwise impact 0.212 acres of waters to construct a community water access site with a pier, slips,
platforms,parking and a bathhouse, as described in your application received by the Division of Water
Quality(DWQ)Wetlands/401 Unit on May 27, 2005. After reviewing your application, we have
determined that the Division of Water Quality(DWQ)General Water Quality Certification Number 3400
covers these water impacts. This Certification allows you to General Permit No. 198000291 when issued
by the US Army Corps of Engineers (USACE). In addition,you should get or otherwise comply with any
other federal, state and local requirements before you go ahead with your project including(but not
limited to) erosion and sediment control regulations and CAMA. Also,this approval to proceed with
your proposed impacts or to conduct impacts to waters as depicted in your application shall expire
upon expiration of the 404 or CAMA Permit.
This approval is 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. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project(now or in the future)exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H .0506(h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification(or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Amount Approved Plan Location or Reference
(Units)
404/CAMA Wetlands 0.007 (acres) DCM-MP-1
Waters 0.205 (acres) DCM-MP-1
One N Carolina
401 Wetlands Certification Unit Naturally
1650 Mail Service Center,Raleigh,North Carolina 27699-1650
2321 Crabtree Boulevard,Suite 250,Raleigh,North Carolina 27604
Phone: [phone]/FAX [phone]/Internet:http://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper

Kilmarlic Residential Community
Page 2 of 2
July 13,2005
2. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401/Wetlands Unit,North Carolina Division of Water Quality,
1650 Mail Service Center,Raleigh,NC,27699-1650.
3. Water Quality Certification
The proposed project must comply with all of the conditions of General Water Quality
Certification(GC) 3400.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification(associated with the approved water
impacts),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, 6714 Mail Service Center,
Raleigh,N.C. 27699-6714. This certification and its conditions.,are final and binding unless you ask for a
hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions,please telephone Cyndi Karoly in the Central Office in Raleigh at 919-
733-9721 or Tom Steffens in the DWQ Washington Regional Office at 252-946-6481.
Sincerely,
( �41
Alan W.Klimek,P.E.
AWKlijm
Enclosures: GC 3400
Certification of Completion
cc: Atlantic Environmental Consultants, LLC, P.O. Box 3266,Kitty Hawk,NC 27949
Doug Huggett, DCM
USACE Washington Regulatory Field Office
DWQ Washington Regional Office
File Copy
Central Files
Filename: 050927KilmarlicResidentialCommunity(Cum'tuck)401 CAMA

A�
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F.Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
July 8, 2005
Kilmarlic Residential Community Association
c/o Mr. Warren Everhart
215 Westside Lane
Powells Point,NC 27966
Dear Mr. Everhart:
This letter is with reference to your application for a Coastal Area Management Act
Major Development permit to construct a community water access site with a pier, slips,
platforms, parking, and a bathhouse in Currituck County within the Kilmarlic S/D off US 158 at
the end of Captain's Way(pvt), Mamie, NC.
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 September 22, 2005 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 me by phone [phone]) or e-mail ([e-mail]).
Very sincerely,
fo'^ug1&uggett
Major Permits & Consistency Coordinator
cc: DCM, Morehead City
DCM, Elizabeth City
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
MEMORANDUM
1;
TO: Doug Huggett, Major Permits Coordinator JUL 0 5 Z005
THROUGH: Ted Sampson, District Manager
Morehead City C)CM
FROM: Frank A. Jennings, III, Field Representative Q
DATE: June 30, 2005
SUBJECT: Kilmarlic Residential Community Association Recommendations
The applicant proposes to construct a community water access site with a pier, slips, platforms,
parking and a bathhouse located at the end of Captain's Way (private), off Kilmarlic Club Drive
(private) off West Side Lane, SR 1112, off US 158 near Mamie, Currituck County and on the
Albemarle Sound.
The project involves the following structures:
1) A 6'x150' pier with a 14'x42' T-head. The applicant proposes to construct a 14'x14'
gazebo over the center part of the proposed T-head.
2) 19 mooring pilings to create 10 wet slips @ 12'x18' each
3) Two 14'x14' floating platforms attached to the pier to be located near the shoreline.
4) A 6'-wide and 12'-long access ramp for the pier.
5) Five, 25'-long wooden jetties to be built along the water line.
6) Two on-shore 225-square foot gazebos to be located greater than 30 feet from the
NWL.
7) A gravel driveway and parking area for eight vehicles. A component of the driveway
will be an elevated 12'-wide and 24'-long bridge to connect the two upland areas. The
wetland area that the bridge will cross is a sandy swale that is sparsely vegetated with
common reed.
8) A 30'x30' bathhouse with a 1,650-square foot septic drain field area.
The total square footage of T-head and platforms is 980 square feet (total allowance: 470 linear
feet of shoreline x 4 feet = 1,880 square feet).
The development proposal appears consistent with 07H.0208 Use Standards for (6) docks and
piers, (9) wooden and riprap groins and 07H.0209 Coastal Shorelines. It is recommended that
the development proposal be authorized with the following conditions:
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—30%Recycled by Fiber Weight

Doug Huggett, Major Permits Coordinator
Kilmarlic Residential Community Association Recommendations
June 30, 2005
Page 2
1) No sewage, whether treated or untreated, shall be discharged at any time from any
boats using the marina/docking facility. Any sewage discharge at the marina/docking
facility shall be considered a violation of this permit for which the permittee is
responsible. This prohibition shall be applied and enforced throughout the entire
existence of the permitted structure.
2) This permit authorizes only the docks, piers, and other structures and uses located in
or over the water that are expressly and specifically set forth in the permit application.
No other structure, whether floating or stationary, may become a permanent part of
this marina/docking facility without permit modification. No non-water dependent uses
of structures may be conducted on, in or over public trust waters without permit
modification.
3) The pier and associated structures shall have a minimum setback distance of 15 feet
between any parts of the structure and the adjacent property owner's riparian access
corridor, which is determined by drawing a line parallel to the channel, then drawing a
line perpendicular to the channel line that intersects with the shore at the point where
the upland property line meets the water's edge.
4) The authorized covered platform/gazebo shall not be enclosed. Any material used on
the sides shall not obstruct view and must be permeable to air and water. Screen or
wire on the sides along with benches and knee walls are permitted. Lattice is
specifically excluded from being used under this authorization.
5) The roof of the covered platform/gazebo shall not be designed for second story use.
6) 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.
7) The authorized structure and associated activity must not cause an unacceptable
interference with navigation.
8) The permittee will maintain the authorized work in good condition and in conformance
with the terms and conditions of this permit. The permittee is not relieved of this
requirement if he abandons the permitted activity without having it transferred to a
third party.
9) This permit does not authorize the interference with any existing or proposed Federal
project, and the permittee will not be entitled to compensation for damage to the
authorized structure or work, or injury which may be caused from existing or future
operations undertaken by the United States in the public interest.

Doug Huggett, Major Permits Coordinator
Kilmarlic Residential Community Association Recommendations
June 30, 2005
Page 3
10)The permittee must install and maintain at his expense any signal lights or signals
prescribed by the U.S. Coast Guard, through regulation or otherwise, on the
authorized facilities. At a minimum, permanent reflectors should be attached to the
structure in order to make it more visible during hours of darkness or inclement
weather.
11)This permit authorizes a maximum of 10 boat slips.
12)This permit authorizes a maximum of 10 boat slips. At no time shall more than 10
vessels be moored or docked at the facility. The restriction of the number of vessels
shall apply to all marine vessel types, including but not limited to motorboats, sailing
vessels and personal watercraft.
NOTE: Any proposal to add one or more additional boat slips to the authorized 10 slip facility
will require that the docking facility be classified as a marina, and will therefore require a review
under the N.C. Environmental Policy Act (NCEPA).
NOTE: Permanent reflectors should be attached to the structure in order to make it more visible
during hours of darkness or inclement weather.
FAJ/ybc

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley,Governor Charles S. Jones, Director William G. Ross Jr.,Secretary
MEMORANDUM
TO: Doug Huggett, YCM Major Permit Coordinator
FROM: Charlan Owen , AICP, NE DCM District Planner
Through: Ted Sampson, NE DCM District Manager
SUBJECT: Major Permit Request by the Kilmarlic Residential Community Association
to construct a community water access site to include a 6 foot by 150 foot
pier with a 6 foot wide and 12 foot long access ramp and a 14 foot by 42
foot T head platform with a 14 foot by 14 foot gazebo, five (5) 25 foot long
wooden jetties, ten (10) 12 foot by 18 foot wet slips, and two (2) 14 foot by
14 foot floating platforms; and on-shore improvements including two (2) 225
square foot gazebos, a gravel driveway and parking area, and a 30 foot by
30 foot bathhouse with a 1,650 square foot septic drainfield on a 2.13 acre
property located on the Albemarle Sound at the end of Captain's Way
(private) off Kilmarlic Club Drive (private) off West Side Lane/SR 1112, off
US 158, in Poplar Branch, Currituck County.
DATE: June 20, 2005
Consistency Determination: The request is consistent with/not in conflict with the
Currituck County 1990 Land Use Plan (LUP) certified by
the CRC at their July 25, 1991 meeting.
Overview: The site is an undeveloped tract located in the Kilmarlic Subdivision with
approximately 360 feet of shoreline along the Albemarle Sound. The 2.13 acre property
consists primarily of wetlands, with two upland areas, an approximately 470 foot long
and 60 foot wide (28,200 square foot) sand beach area located along the shoreline and
an 11,000 square foot area at the north corner of the site that is vegetated with pine
trees.
Proposed improvements for the Community Reserve Area Sound Access include a 6
foot by 150 foot pier with an access ramp and a terminus T-head platform with a central
gazebo. Nineteen (19) mooring pilings will be installed near the T-head platform to
create ten (10) 12 foot by 18 foot wet slips. Two (2) floating kayak platforms will be
attached to the pier near the shoreline. Five (5) 25 foot long wooden jetties will be built
along the waterline to retard current erosion and help trap sand along the shoreline.
On-shore improvements include two (2) gazebos located greater than 30 feet from the
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \FAX: [phone]\Internet: www.nccoastalmanagement.net
An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper

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NWL (Normal Water Level), a 900 square foot bath house with a septic system, and a
gravel driveway and parking area for eight vehicles. The driveway will include an
elevated 12 foot wide by 24 foot long bridge crossing Section 404 wetlands to connect
the two upland areas.
The waters of the Albemarle Sound in this area are classified as SB and are open to
shellfish taking. The water depths in the area range from approximately —4 feet off
shore to —1 foot near shore.
Anticipated impacts resulting from this project are expected to include: the shading of
1 ,880 square feet of Public Trust Area/Estuarine Waters AEC and 72 square feet of
Estuarine Shoreline AEC; the capture of 2,160 square feet of Public Trust
Area/Estuarine Waters AEC resulting from the wet slips; and the coverage of 1,590
square feet of Estuarine Shoreline/Uplands AEC, 3,827 square feet of Uplands, and 288
square feet of Section 404 wetlands.
This will be the first pier along this shoreline.
Basis for Determination:
The site area is designated as "Conservation" on the Currituck County Land Use
Classification Map. Discussion on page 30 of the LUP notes that AECs also qualify for
the "Conservation" classification. The following are LUP policies that may be applicable
to this request.
Estuarine System: Goal 7.2, page 62.
"To maintain the high quality of Estuarine Waters and to promote appropriate
development along Estuarine Shorelines so as not to degrade the Estuarine
System."
Public Trust Waters: Goal 7.3, page 63.
"Keep all Public Trust Waters open for navigation including those areas under
the jurisdiction of the Federal Government."
cc: John Thayer, Manager, CAMA Local Planning and Access Programs
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \ FAX: [phone]\Internet: www.nccoastalmanagement.net
An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper

AY 2'7 2005
OP
NCDENR L---� Y SECTIQN
North Carolina Department of Environment and Natural 'e' ER SUPL
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jo vvlhamh&r � G. Ross Jr., Secretary
lip VED
May 25, 2005 JUL 0 5 2005 JUN 2 g Zpr-
MEMORANDUM: CO.'+"rpl !'^n
Morehead City DCM E�,�„�_„q T'"�'��7-
TO: Jim McRight
NC Department of Environmental Health
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Kilmarlic Residential Community Association
Project Location: End of Captain's Way (pvt), Kilmarlic Subdivision off US 158, Mamie
Proposed Project: Construct a community water access site with pier, slips, etc.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by June 15, 2005, to 400 Commerce Avenue, Morehead City, NC 28557. If you have
any questions regarding the proposed project, please contact Frank Jennings at [phone].
When appropriate, in-depth comments with supporting data are requested.
REPLY: This office has no objection to the project as proposed.
This office has no continent on the proposed project.
This office approves of the project only if the recommended changes are
incorporated. See attached.
This office objects to the project for reasons described in the attached
comments.
SIGNED DATE
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—30%Recycled by Fiber Weight

A 7kA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G.Ross Jr.,Secretary
May 25, 2005
MEMORANDUM: �
JUN
2 2005
TO: Lee Padrick
Division of Community Assistance Morehead
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Kilmarlic Residential Community Association
Project Location: End of Captain's Way (pvt), Kilmarlic Subdivision off US 158, Mamie
Proposed Project: Construct a community water access site with pier, slips, etc.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by June 15, 2005, to 400 Commerce Avenue, Morehead City, NC 28557. If you have
any questions regarding the proposed project, please contact Frank Jennings at [phone].
When appropriate, in-depth comments with supporting data are requested.
REPLY: This agency has no objection to the project as proposed.
(/ This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
SIGNED ZZDATE -S — :3
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccoastaimanagement.net
An Equal Opportunity 1 Affirmative Action Employer—30%Recycled by Fiber Weight

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
May 25, 2005 a !. � `,
FIFi �
MEMORANDUM: 4
JUN 2 2005
TO: Joe Henderson MAY 27 2
NC Department of Administration n'14 i
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Kilmarlic Residential Community Association
Project Location: End of Captain's Way (pvt), Kilmarlic Subdivision off US 158, Mamie
Proposed Project: Construct a community water access site with pier, slips, etc.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by June 15, 2005, to 400 Commerce Avenue, Morehead City, NC 28557. If you have
any questions regarding the proposed project, please contact Frank Jennings at [phone].
When appropriate, in-depth comments with supporting data are requested.
REPLY: This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the project only if the recommended changes are
incorporated. See attached.
This office objects to the project for reasons described in the attached
comments.
SIGNED "3 DATE 51 1 tls
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—30%Recycled by Fiber Weight

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JUN
WDENR mI
North Carolina Department of Environment and Natural Resources "� ITAT
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
May 25, 2005
MEMORANDUM:
TO: Preston P. Pate, Jr., Director
Division of Marine Fisheries
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Kilmarlic Residential Community Association
Project Location: End of Captain's Way (pvt), Kilmarlic Subdivision off US 158, Mamie
Proposed Project: Construct a community water access site with pier, slips, etc.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by June 15, 2005, to 400 Commerce Avenue, Morehead City, NC 28557. If you have
any questions regarding the proposed project, please contact Frank Jennings at [phone].
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.
SIGN DATE J ' 31 -n .�
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer-30%Recycled by Fiber Weight

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p � �w Art JUN 1 3 2005 MAy 81 ID05
NCDENR .1P � �� �
North Carolina Department of Environment andtura esources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr.,Secretary
May 25, 2005 D� , 1'7 /
MEMORANDUM: A, 6�6/O
TO: Renee Gledhill-Early
NC Department of Cultural Resources
FROM: Doug Huggett 1. L VI%-A
Major Permits Processing Coordinator ..
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
rum Co
Applicant: Kilmarlic Residential Community Association bAzZ,
Project Location: End of Captain's Way (pvt), Kilmarlic Subdivision off US 158, Mamie
Proposed Project: Construct a community water access site with pier, slips, etc.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by June 15, 2005, to 400 Commerce Avenue, Morehead City, NC 28557. If you have
any questions regarding the proposed project, please contact Frank Jennings at [phone].
When appropriate, in-depth comments with supporting data are requested.
REPLY: This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the project only if the recommended changes are
incorporated. See attached.
This office objects to the project for reasons described in the attached
comments.
SIGNED — DATE 40
S!
_ E,.,,
1367 U.S. 17 South, Elizabe ity, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—30%Recycled by Fiber Weight MAY 3 1 200S

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NCDENR JUN 1 4 2005
North Carolina Department of Environment and Natural Resources�h2 ,I r'e"1r Inrr�'�
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
May 25, 2005
MEMORANDUM:
• u
TO: Patti Fowler iY �
NC Department of Environmental Health
FROM: Doug Huggett SHELLFISH SANITATION
Major Permits Processing Coordinator J
SUBJECT: CAMA/DREDGE & FILL Permit Application Review .JUN W
Applicant: K&narlic Residential Community Associatiow SHELLFISH SANITATION
Project Location: End of Captain's Way (pvt), Kilmarlic Subdivision off US 158, Mamie
Proposed Project: Construct a community water access site with pier, slips, etc.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by June 15, 2005, to 400 Commerce Avenue, Morehead City, NC 28557. If you have
any questions regarding the proposed project, please contact Frank Jennings at [phone].
When appropriate, in-depth comments with supporting data are requested.
REPLY: This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the project only if the recommended changes are
incorporated. See attached.
This office objects to the project for reasons described in the attached
comments.
SIGNED DATE el�' iU'c.��
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \FAX: [phone]\Internet: www.nccoastalmanagement.net
An Equal Opportunity\Affirmative Action Employer—30%Recycled by Fiber Weight

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JUN 03 2005
NCDENR
North Carolina Department of Environment and Natural Resobf§TRICT
Division of Coastal Management 00IC9
Michael F. Easley, Governor Charles S. Jones, Dir@ctor a
EMIL
May 25, 2005 JUN - J5 IC iIC
MEMORANDUM:
COASTAL MANAC-'- ,Er1'T�11 ELIZA& j;- ;IT,'
TO: Ken Pace J _
NC DOT, State Construction/Materials Branch
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Kilmarlic Residential Community Association
Project Location: End of Captain's Way (pvt), Kilmarlic Subdivision off US 158, Mamie
Proposed Project: Construct a community water access site with pier, slips, etc.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by June 15, 2005, to 400 Commerce Avenue, Morehead City, NC 28557. If you have
any questions regarding the proposed project, please contact Frank Jennings at [phone].
When appropriate, in-depth comments with supporting data are requested.
REPLY: This office has no objection to the project as proposed.
Th�}'s�office has ��]9g co ent w the Zsed project �
This office
I.5 X ji Odd- �11$T,l - Y►�4 jA tZ��l4 tGI 1414Z 4
This office approves of the project only if the recommended changes are
incorporated. See attached.
This office objects to the project for reasons described in the attached
comments.
SIGNED JMA141 c • DATE
/7//1(S--
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—30%Recycled by Fiber Weight

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
May 25, 2005
MEMORANDUM:
TO: Charlan Owens, District Planner
Division of Coastal Management
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Kilmarlic Residential Community Association
Project Location: End of Captain's Way (pvt), Kilmarlic Subdivision off US 158, Mamie
Proposed Project: Construct a community water access site with pier, slips, etc.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by June 15, 2005, to 400 Commerce Avenue, Morehead City, NC 28557. If you have
any questions regarding the proposed project, please contact Frank Jennings at [phone].
When appropriate, in-depth comments with supporting data are requested.
REPLY: This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the project only if the recommended changes are
incorporated. See attached.
This office objects to the project for reasons described in the attached
comment
SIGN D DATE G —Z o — e T
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—30%Recycled by Fiber Weight

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NCDENR North Carolina Department of Environment and Natural Rm9rVoild City ()gym
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
May 25, 2005 Zg
MEMORANDUM:
MAY
TO: Maria Tripp - RECE11VED
NC Wildlife Resources Commission HabitatnW U'
Conservation �
.. pmgrfitn, 00
FROM: Doug Huggett Sib/
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Kilmarlic Residential Community Association
Project Location: End of Captain's Way (pvt), Kilmarlic Subdivision off US 158, Mamie
Proposed Project: Construct a community water access site with pier, slips, etc.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by June 15, 2005, to 400 Commerce Avenue, Morehead City, NC 28557. If you have
any questions regarding the proposed project, please contact Frank Jennings at [phone].
When appropriate, in-depth comments with supporting data are requested.
REPLY: This office has no objection to the project as proposed.
This office has no comment on the proposed project. —5-A4 vx5'A
This office approves of the project only if the recommended changes are
incorporated. See attached.
This office objects to the project for reasons described in the attached
comments.
SIGNED an �ff DATE
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—30%Recycled by Fiber Weight

FqCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F.Easley,Governor Charles S. Jones, Director William G. Ross Jr.,Secretary
;J. 4 April 19, 2005
C
Roxanne D. Dorman
Atlantic Environmental Consultants, LLC v
P. O. Box 3266
Kitty Hawk, NC 2949
Re: Kilmarlic Residential Community Association's Project to
construct a Pier, Platform and Pilings for 10 Boat Slips, with
2 Floating Kayak Platforms, 5 Groins, a Bath House, Parking
Lot and Bridge across 404 Wetlands
Dear Ms. Dorman:
The NC Division of Coastal Management hereby acknowledges receipt of your application on
April 14, 2005, for State approval for the development of the referenced project. An initial
screening of the submittal package has been conducted. This revealed certain deficiencies, which
must be corrected before the application package can be accepted as complete. To assist you in
expediting the permitting process as much as possible, I am notifying you of these deficiencies
immediately so that they can be quickly corrected to facilitate the detailed review by the Field
Representative.
Because the deficiencies are easily correctable, I am not returning the original application
package. Please make the needed changes, and submit the appropriate documentation. With the
retained copy of the application, the Field Representative can commence the detailed review.
Please understand that the subsequent detailed review may reveal additional areas where further
information or documentation is required to demonstrate compliance with the rules directly
applicable to the proposed development. If this occurs, you will be notified of such issues
separately by the Field Representative.
Our initial screening has identified the following deficiencies:
1. Not all questions on the application have been properly answered. On Form DCM MP-4
for Structures, your computer generated form does not properly show the underscore
indicator lines for Item a.(1). The underscore lines should precede the words,
"Commercial, Private, and Community." As indicated, it appears that you are applying
for a Private pier.
2. Adequate Work Plans or Drawings have not been submitted. Please address the following
items:
■ When drawings are larger than 11 inches by 17 inches, 26 copies must be
provided. We understand from your submittal that the additional copies of the
drawings will be provided once all needed corrections have been made, as is your
normal practice.
■ Cross-Section Drawings must be submitted that:
- Reference elevations to zero at NWL.
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \FAX: [phone]\Internet: www.nccoastalmana.gement.net
An Equal Opportunity\Affirmative Action Employer—30%Recycled by Fiber Weight

Roxanne D. Dorman
April 19, 2005
Page 2
• The Plat locates project area wetlands, but should also identify the agency or
consultant making the determination, along with the date the determination was
made.
3. Documentation of Notification of Riparian Property Owners must be provided. Please
submit Certified Return-Mail Receipts for this notification, along with any comments
received in reply. We understand that these will be provided, as is your normal practice,
once you receive them
4. A Check or Money Order to cover the Application Fee of$250 must be submitted. I am
returning your check for $400 since this project is not regarded as commercial
development.
To expedite our response to your permitting request, we will commence the detailed review of
your application for a permit pending the receipt of the additional information requested above.
However, the statutorily provided 75/150 days allowed for review cannot commence until such
time as we have received a complete application package. Once your application has been
accepted as complete, you will receive a separate notification letter.
If it is not possible to render a permit decision within 70 days of the date when your application
is received complete, you may request a meeting with the Director of the Division of Coastal
Management and permit staff to discuss the status of your project. Such a meeting will be held
within five working days from the receipt of your written request and shall include the property
owner, developer, and project designer/consultant.
I am also sending a,copy of this letter to you by Email to try to expedite the review process. Our
procedures provide for the processing clock to not be suspended if within 3 working days of the
Email, or within 5 working days from the date of this letter, we receive a reply from you that
adequately addresses the issues that have been raised.
Please do not hesitate to contact me, or the assigned Field Representative, Mr. Frank Jennings, at
our Elizabeth City office (252 264 3901) if you have any questions regarding this letter or the
permitting process.
Sincerely,
G�iit .
ed Samps�
District Manager
TS:yc
cc: Doug Huggett, Major Permits Coordinator, NC Division of Coastal Management,Morehead City

ATLANTIC ENVIRONMENTAL CONSULTANTS, LLC MAY `7 2005
P.O. Box 3266, Kitty Hawk, NC 27949
[phone] fax [phone] t'`'�''ice!. �;i•:'l,i��Ci Af[r`�
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
April 11, 2005
f�
Russ Kirk lUN 6
222 Central Park Avenue MOreh �
Suite 2100 City rJCM
Virginia Beach, VA 23462
Dear Mr. Kirk,
This letter is with referen¢e�to the enclosed CAMA Major Permit Application and plats
for Kilmarlic Residential Community Assoc. whom own the Kilmarlic Community
Reserve Area adjacent to your property on the Albemarle Sound in Kilmarlic
Subdivision, Currituck County, North Carolina. Mr. Everhart who is care of the Kilmarlic
Residential Community Assoc. is proposing to construct a day dock boating facility to
allow Kilmarlic subdivision property owners access to the Albemarle Sound. This letter
serves as notification to you of the proposed activity for this project adjacent to your
waterfront property.
Proposed construction within public trust waters includes 150' x 6' day dock with 10
boat slips, 10 mooring pilings, T-head with gazebo, two kayak platforms and five
wooden groins. Other proposed construction is within the highground area of this
parcel, bathhouse, two gazebos, parking and bridge over non-riparian wetlands (see
attached detailed narrative and plats).
If you have no objection to our client's proposal, please sign and date the bottom of this
letter and return it to our office. I have also enclosed a copy of this letter for your
records. If we have not heard from you within 30 days it will be considered that you
have no comments to this project.
If you have any questions please do not hesitate to call me at 252-261-7707 or contact
the NC Division of Coastal Management.
Sincerely,
Roxanne D. Dorman
:
SIGNATURE DATE '
L,) ,4 AD D Tb <S� 7-T—
G.r J

DEPARTMENT OF THE ARMY
l
� a WILMINGTON DISTRICT, CORPS OF ENGINEERS
Washington Regulatory Field Office
Post Office Box 1000
Washington, North Carolina 27889-1000
IN REPLY REFER TO
March 18,2009
Regulatory Division
ORM ID: SAW 200900498 ISIVE
MAR 1 9 2009
Mr. Bryan Sullivan Morehead City DCM
Kilmarlic Residential Community Association
Post Office Box 279
Harbinger,North Carolina 27941
Dear Mr. Sullivan:
This correspondence confirms your March 10, 2009,meeting with Messrs. Raleigh Bland and
Tom Steffens of my staff onsite your property located at the terminus of Captain's Way, in the
Kilmarlic Subdivision, off State Road 1112 and US Highway 158, adjacent to the Albemarle
Sound, in Powell's Point, Currituck County,North Carolina. The purpose of this meeting was to
address non-compliance with the Department of the Army(DA)permit issued to the Kilmarlic
Residential Community Association for work undertaken within DA regulatory jurisdiction on
the project site (Action ID SAW 200511686). Your business partner, Mr. Warren Everhart, and
Ms. Lynn Mathis and Mr. Ron Renaldi with the North Carolina Division of Coastal Management
were also present at this meeting.
Special Condition 18. of the subject permit states that, "No vegetated wetlands or open
waters shall be excavated or filled, even temporarily." Based on my staff s investigation,we
have determined that you have placed earthen fill material within jurisdictional wetlands on the
site and landscaped the area with grass and sod material. Noncompliance with the special
conditions of the subject permit constitutes violations of Section 404 of the Clean Water Act (33
USC 1344). As discussed with Messrs. Bland and Steffens,the restoration alignment was
identified in your presence and the required actions necessary to bring your project into
compliance with the issued permit were explained to you. Pre-project wetland elevations and
contours are to be restored to the impacted area. The restoration work must be completed within.
30 days of your receipt of this letter. Also discussed,we are considering administrative penalties
against you for this work. Accordingly,you will be contacted by Wilmington District's Office of
Counsel regarding this matter.
Failure to comply with this request may result in referral to the United States Attorney with a
recommendation for civil prosecution and or civil penalty for a violation of permit conditions
pursuant to 33 USCA Section 1319(g)(1)(b).

y
Thank you for your time and cooperation. The Wilmington District is committed to
providing the highest level of support to the public.-To help ensure we continue to do so,please
complete the Customer Satisfaction Survey located on our website at
h=://reaWatoly.usacesurvgy.com/. If you have any questions,please contact Mr. Bland at the
Washington Regulatory Field Office,Post Office Box 1000,Washington,North Carolina 27889-
1000, telephone [phone], extension 23.
Sincerely,
—1;?�4, N4t-��
David M. Lekson,P.W.S.
Chief, Washington Regulatory Field Office
Copies Furnished:
United States Attorney
Eastern District of North Carolina
310 New Bern Avenue ,
Suite 800,Federal Building
Raleigh,North Carolina 27601
Ms. Molly Davis, Chief
Wetlands Enforcement Section
United States Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. Pete Benjamin
United States Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh,North Carolina 27636-3726
Mr. Ron Sechler
National Marine Fisheries,NOAA
Habitat Conservation Division
101 Pivers Island Road ,
Beaufort,North Carolina 28516
2

Ms. Cyndi Karoly
Division of Water Quality
North Carolina Department of Environment
and Natural Resources
1650 Mail Service Center
Raleigh,North Carolina 27699-1650
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City,North Carolina 28557
Mr. Frank Jennings
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
1367 US 17 South
Elizabeth City,North Carolina 27909
Ms. Roxanne Dorman
Atlantic Environmental Consultants, LLC
Post Office Box 3266
Kitty Hawk,North Carolina 27949 ,
3

MAJOR PERMIT FEE MATRIX
Applicant: Kilmarlic Residential Community Association
Selection Development Type Fee DCM % DWQ %
(14300 1601 435100093 1625 6253) (24300 1602 435100095 2341)
I. Private, non-commercial
development that does not $250 100% ($250) 0% ($0)
involve the filling or
excavation of any wetlands
or open water areas:
II. Public or commercial
❑ development that does not $400 100% ($400) 0% ($0)
involve the filling or
excavation of any wetlands
or open water areas:
III. For development that
involves the filling and/or
excavation of up to 1 acre
of wetlands and/or open
water areas, determine if A,
B, C, or D below applies:
III(A). For Private non-
commercial development, if $250 100% ($250) 0% ($0)
General Water Quality
Certification No. 3301 (see
attached) can be applied:
III(B). For public or
El commercial development, if $400 100% ($400) 0% ($0)
General Water Quality
Certification No. 3301 (see
attached) can be applied:
III(C). If General Water
Quality Certification No. $400 60% ($240) 40% ($160)
3301 (see attached) could
be applied, but DCM staff
determined that additional
review and written DWQ
concurrence is needed
because of concerns
related to water quality or
aquatic life:
III(D). If General Water
Quality Certification No. $400 60% ($240) 40% ($160)
3301 (see attached) cannot
be applied:
IV. For development that
El involves the filling and/or $475 60% ($285) 40% ($190)
excavation of more than
one acre of wetlands and/or
open water areas:

a
ATLANTIC ENVIRONMENTAL 02-03 1429
CONSULTANTS, LLC
252-261-7707
P.O.BOX 3266 66-19/530 NC
,
KFn-Y HAWK,NC 27949-5266 Date 4701
Pay to the 00
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order of -n
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A�NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
FAX MEMORANDUM
TO: The Daily Advance
Elizabeth City, NC
FROM: Yvonne Carver V/
Administrative Assistant
DATE: May 25, 2005
SUBJECT: Public Notice — Kilmarlic Residential Community Association
Please publish the attached Notice in the Saturday, May 28, 2005 issue of The Daily
Advance.
The State Office of Budget and Management requires an original Affidavit of Publication
prior to payment for newspaper advertising. Please send the affidavit, an original
copy of the published notice, and an original invoice to Jaye Poole, NC Division
of Coastal Management, 1638 Mail Service Center, Raleigh, NC 27699-1638.
Thank you for your assistance in this matter. If you should have any questions, please
contact me at our Elizabeth City office.
Attachment
cc: Doug Huggett, Major Permits Coordinator, DCM
File
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \FAX: [phone]\Internet: www.nccoastaimanagement.net
An Equal Opportunity\Affirmative Action Employer—30% Recycled by Fiber Weight

NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
The Department of Environment and Natural Resources hereby gives public notice
as required by NCGS 113A-119(b) that application for a development permit in an Area of
Environmental Concern as designated under the CAMA was received on April 25, 2005.
According to said application, the Kilmarlic Residential Community Association
proposes to construct a community water access site with a pier, slips, platforms, parking
and a bathhouse located at the end of Captain's Way near Mamie in Poplar Branch,
Currituck County.
A copy of the entire application may be examined or copied at the office of Frank
Jennings, Field Representative of the Division of Coastal Management, located at 1367 US
17 South, Elizabeth City, NC, 252-264-3901 during normal business hours.
Comments mailed to Charles S, Jones, Director, Division of Coastal Management,
400 Commerce Avenue, Morehead City, NC 28557, prior to June 17, 2005, will be
considered in making the permit decision. Later comments will be accepted and
considered up to the time of permit decision. Project modification may occur based on
review and comment by the public and state and federal agencies. Notice of the permit
decision in this matter will be provided upon written request.
PLEASE PUBLISH ON: Saturday, May 28, 2005

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
May 25, 2005
Ms. Roxanne Dorman
Atlantic Environmental Consultants, LLC
P.O. Box 3266
Kitty Hawk, NC 27949
Dear Roxanne:
The Division of Coastal Management hereby acknowledges receipt of the application for the
Kilmarlic Residential Community Association submitted for State approval for development of
property located in Poplar Branch, Currituck County. It was received complete on April 25,
2005, and appears to be adequate for processing at this time. The projected deadline for
making a decision is July 9, 2005. When such time is necessary to complete the review, an
additional 75-day review period is provided by law. If you have not been notified of a final
action by the initial deadline stated above, you should consider the review period extended.
Under those circumstances, this letter will serve as your notice of an extended review.
However, an additional letter will be provided on or about the 75th day.
If this agency does not render a permit decision within 70 days from the date received, you
may request a meeting with the Director of Division of Coastal Management (DCM) and permit
staff to discuss the status of your project. Such a meeting will be held within five working days
from the receipt of your written request and shall include the property owner, developer, and
project designer/consultant.
NCGS 113A-119(b) requires that Notice of an application be posted at the location of the
proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must
be posted at the property of 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.
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—30%Recycled by Fiber Weight

Ms. Roxanne Dorman
May 25, 2005
Page 2
An onsite inspection will be made, and if additional information is required, you will be
contacted by the appropriate State or Federal agency. Please contact me if you have any
questions, and notify me in writing if you wish to receive a copy of my field report and/or
comments from reviewing agencies.
Sincerely,
Frank A. Jennings, III
Coastal Management Representative
FAJ/ybc
Enclosure
cc: /15oug Huggett, Major Permits Coordinator, DCM, Raleigh, NC
Ted Sampson, District Manager, DCM, Elizabeth City, NC
Kilmarlic Residential Community Association c/o Warren Everhart

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APPLICANT: FOR MORE DETAILS CONTACT
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ATLANTIC ENVIRONMENTAL CONSULTANTS, LLC ;;�j
P.O. Box 3266, Kitty Hawk, NC 27949
[phone] fax [phone]
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
April 11, 2005
Dave Dillon
325 Bullard Street
Walpole, MA 02081
Dear Mr, Dillon,
This letter is with reference to the enclosed CAMA Major Permit Application and plats
for Kilmarlic Residential Community Assoc. whom own the Kilmarlic Community
Reserve Area adjacent to your property on the Albemarle Sound in Kilmarlic
Subdivision, Currituck County, North Carolina. Mr. Everhart who is care of the Kilmarlic
Residential Community Assoc. is proposing to construct a day dock boating facility to
allow Kilmarlic subdivision property owners access to the Albemarle Sound. This letter
serves as notification to you of the proposed activity for this project adjacent to your
waterfront property.
Proposed construction within public trust waters includes 150' x 6' day dock with 10
boat slips, 10 mooring pilings, T-head with gazebo, two kayak platforms and five
wooden groins. Other proposed construction is within the highground area of this
parcel, bathhouse, two gazebos, parking and bridge over non-riparian wetlands (see
attached detailed narrative and plats).
If you have no objection to our client's proposal, please sign and date the bottom of this
letter and return it to our office. I have also enclosed a copy of this letter for your
records. If we have not heard from you within 30 days it will be considered that you
have no comments to this project.
If you have any questions please do not hesitate to r a
the NC Division of Coastal Management. ' •
171
rU �. .•.
rely,
m � information 7.r delivery ,. �
tU
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0
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Ln Postage $ 9.1
Roxanne D. Dorman Certified Fee $2.30 ' 0449
01 Postmark
Cl Return Recta t Fee
� (Endorsement Required) $1.75 Here
m Restricted Delivery Fee $0.00
ill (Endorsement Required)
SIGNATURE D o Total Postage&Fees $ $4.88 N/12/2005
� Sent T
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or PO Box No. 3 v 5 13u t lct rC� .S�
-------------------------------------------------------------------------
City,State,ZIP+4 t 0— U __U
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Y� �ee' Reverse for lnslructions

SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
■ Complete items 1,2,and 3.Also complete A. Sign ture
item 4 if Restricted Delivery is desired. X .� rye❑IAgent
IIIPrint your name and address on the reverse ❑Addressee
so that we can return the card to you. B. Received•qy(P�irited me) *.�,'Date of Delivery
■ Attach this card to the back of the mailpiece, K���Y�t"12 '(d
or on the front if space permits.
D. Is delivery aid differs 1 ❑Yes
1. Article Addressed to: If YES,enters eli ery address bel ❑No
. 2� (�Utla d Ste{ f
3. Service Type
,Certified Mail ❑Express Mail
❑,Registered ❑Return Receipt for Merchandise
0 Insured Mail 0 C.O.D.
4. Restricted Delivery?(Extra Fee) 0 Yes
2. Article Number
(T-ransfer from service labeq 7004 0750 0000 5023 0627
PS Form 3811,February 2004 Domestic Return Receipt t(4 (i L 102595-02-M-1540
r *j/

ATLANTIC ENVIRONMENTAL CONSULTANTS, LLC
P.O. Box 3266, Kitty Hawk, NC 27949
[phone] fax [phone]
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
April 11, 2005
Russ Kirk
222 Central Park Avenue
Suite 2100
Virginia Beach, VA 23462
Dear Mr. Kirk,
This letter is with reference to the enclosed CAMA Major Permit Application and plats
for Kilmarlic Residential Community Assoc. whom own the Kilmarlic Community
Reserve Area adjacent to your property on the Albemarle Sound in Kilmarlic
Subdivision, Currituck County, North Carolina. Mr. Everhart who is care of the Kilmarlic
Residential Community Assoc. is proposing to construct a day dock boating facility to
allow Kilmarlic subdivision property owners access to the Albemarle Sound. This letter
serves as notification to you of the proposed activity for this project adjacent to your
waterfront property.
Proposed construction within public trust waters includes 150'x 6' day dock with 10
boat slips, 10 mooring pilings, T-head with gazebo, two kayak platforms and five
wooden groins. Other proposed construction is within the highground area of this
parcel, bathhouse, two gazebos, parking and bridge over non-riparian wetlands (see
attached detailed narrative and plats).
If you have no objection to our client's proposal, please sign and date the bottom of this
letter and return it to our office. I have also enclosed a copy of this letter for your
records. If we have not heard from you within 30 days it will be considered that you
have no comments to this project.
If you have any questions please do not hesitat U.S. Postal Service.,,
the NC Division of Coastal Management.
• , RECEIPT
fit (Domestic
Sincerely,
m ItIRGINtA BtiAHxVR 2342
0 Postage $
�l p Certified Fee $2.30 0449
Roxanne D. Dorman o 01 Postmark
CDReturnReciept Fee fi.75 Here
p (Endorsement Required)
Restricted Delivery Fee $0.0t]
to ul (Endorsement Required)
SIGNATURE O Total Postage&Fees 1$ $4.88 04/12/2005
Sent To
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COMPLETE •N COMPLETE THIS SECTIONON DELIVERY
■ Complete items 1,2,and 3.Also complete A. Signatur
;71—
item 4 if Restricted Delivery is desired. ❑Agent
■ Print your name and address on the reverse X ❑Addressee
so that we can return the card to you. B. Rec ed by(Printed Name) C. Date of Delivery
■ Attach this card to the back of the mailpiece,
or on the front if space permits. �4 1;,
1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes
If YES,enter delivery address below: ❑ No
�rV-
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Wertified Mail ❑Express Mail
❑ Registered ❑Return Receipt for Merchandise
�+ ❑ Insured Mail ❑C.O.D.
4. Restricted Delivery?(Extra Fee) ❑YeS
2. Article Number i
(Transfer from service label) 7004 0750 0000 5023 0634
PS Form 3811, February 2004 Domestic Retum,Receipt ILi(Y,,,,li CC 102595-02-M-1540
•Y
A

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr.,Secretary
August 25, 2005
CERTIFIED MAIL
RETURN RECEIPT REOUESTED
Kilmarlic Residential Community Association
c/o Warren Everhart
215 Westside Lane
Powells Point, NC 27966
Dear Sirs:
This letter is in response to your application request under the Coastal Area Management
Act(CAMA)to carry out development activities at Kilmarlic Subdivision, Currituck County.
Processing of the permit application, which was received by the Division of Coastal
Management's Elizabeth City office on April 25, 2005, is ongoing. However, it has been
determined that additional information will be required prior to the Division taking final action on
your application. This item is summarized below:
1) It is our understanding that the Army Corps of Engineers is currently waiting on
completion of mitigation requirements from a past project which prevents issuance of the
appropriate permits. Therefore, it is necessary that processing of your permit application
be placed in abeyance until such time as the Army Corps of Engineers requirements have
been fulfilled, and supplies this office with notice that their mitigation requirements has
been satisfied.
You will be given five working days from date of mailing. If you can provide a statement to this
office from the Corps of Engineers that the mitigation has been completed within the required
time, DCM staff will continue processing of the application and the processing clock will not be
suspended. If the required information is not provided to this office within the specified
timeframe, processing of the application will be suspended until such time as the requested
information is provided. If you have any questions concerning these matters, please feel free to
contact me by telephone at(252) 808-2808, or by email me at Jonathan.HowellCncmail.net.
Sincerely,
Jonathan Howell
Asst. Major Permits Coordinator
Cc: Frank Jennings—Elizabeth City office
Raleigh Bland- ACOE '
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone]\FAX: [phone]\Internet: www.nccoastalmanagement.net
An Equal opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper

SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
■ Complete items 1,2,and 3.Also complete A. Signature
item 4 if Restricted Delivery is desired. X l 'i - ❑Agent
■ Print your name and address on the reverse ❑Addressee
so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery
■ Attach this card to the back of the mailpiece, 7
or on the front if space permits.
D. Is delivery address different from item 1? ❑Yes
1. Article Addressed to: If YES,enter delivery address below: ❑ No
IKILMA20C-WESrDtNnNZOMMLl ilr"ASSOC-
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Wertified Mail ❑ Express Mail
❑ Registered ;B--Retum Receipt for Merchandise
❑Insured Mail ❑C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number 7004 2890 0003 Y 8042 0096
(riansfer from service label)
PS Form 3811,February 2004 Domestic Retum Receipt 102595-02-M-1540

VP
r v Fu Am 1 0b, e9 of4. � w ...•
= P.
Ekei se Tax E0:00 "
'ry ,pl,, st >e f Currituck CcuntV NC
AMOUNTPAIJ �l4 Charlene Y Dovdy Repieter r osade
DATE_ aK658 R0159-1E
COLLECTOR
Excise Tax S T1nic,[look and Page
TRANSFER EXEMPT FROM EXCISE TAX PURSUANT TO NCGS 105-228.29(b;
Tax Lot No. Parcel Identifier No.
Verified by County on the_day 20_
by
Mail after recording to: Faggert&Frieden,P.C., 1435 Crossways Boulevard,Chesapeake, 'nia 23320
This instrument was prepared by: Faggert&Frieden,P.C., 1435 Crossways Boulevard,C �t e,Virginia 23320
Brief Description for the index Parcels,Kilmarlic Residential Community
NORTH CAROLINA SPECIAL WARRANTY Di:: OF DEDICATION
T'1-11S DEED made March 12,2003,by and between
GRANTOR .I:.\`:"I L•E
KILMARLIC RESIDENTIAL,L.L.C.,a Virginia limited KILMARLIC RES AL COMMUNITY
liability company,whose address is 1435 Crossways Boulevard, ASSOCIATION, k_:aro!ina non-stock,not-for-profit
Suite 300,Chesapeake,Virginia 23320(hereinafter referred to corporation,whose s is 215 Westside Lane,Currituck
as"Grantor") County,North Carol 7966 Attention: Warren Everhart
(hereinafter referr. 'Grantee")
Enter in appropriate block for each party:name,address,and,if appropriate,character of end,. s.a;-.or partnership.
The designation Grantor and Grantee as used herein shall include said parties, their h: cessors, and assigns, and shall include
singular,plural,masculine,feminine or neuter as required by context.
WITNESSETH,that the Grantor has and by these presents does grant,bargain,dedicate an. :unvey unto the Grantee in De simple,all
those certain lots or parcels of land situated in Poplar Branch Township, Currituck County, North Carolina, and more particularly
described as follows(the"Property"):
All those certain lots or parcels of land situated in Poplar Branch Towns' "I 'ounty,North
Carolina,and more particularly described as follows:
Those parcels designated as"RESERVE UTILITY OPEN SPACE,T !i LA =2.11 AC.",
"RESERVE COUNTY FACILITIES AREA, AREA = 1.43 AC.", UNITY RESERVE
AREA(FOR SOUND ACCESS), AREA= 112,272 SF", and that cem.. ;:•:ate road known and
designated as "Captain's Way", as shown on that certain plat entitled "I ri KILMARLIC CLUB
RESIDENTIAL GOLF COMMUNITY, POPLAR BRANCH TWSP, i"'"IflTUCK COUNTY,
NORTII CAROLINA, FINAL PLAT",dated December 20,2002, prep:, llis,vil Professional
Group,which plat is recorded in the Currituck County Registry in Plat Co! Slit.. .54-91.
The"RESERVE UTILITY OPEN SPACE,TOTAL AREA=2.11 AC. s It ::by conveyed
together with a non-exclusive easement and rights of ingress and egr: Ilia; poilion of the
"GOLT COURSE MAINTENANCE FACILITY" parcel designated o, s.id plat as "20'
ACCESS EASEMENT" for vehicular and pedestrian access to, from : :eft �:;ntarlie Club s
Drive and the"RESERVE UTILITY OPEN SPACE,TOTAL AREA parcel,subject to
the obligation to maintain and repair said easement area as necessary to!, Ice by the owner of
the"RESERVE UTILITY OPEN SPACE,TOTAL AREA =2.11 AC." nniin's Way is ,
conveyed subject to perpetual, non-exclusive and unobstructed easemel lit, ingress and i
egress in favor of the owner(s) of Lots 135 through 139, inclusive, it ! pedestrian .q;.�
access, and for utilities, to, from and between Kilmarlic Club Drive . 135 ,rough 139,
inclusive.
61 'f fit' I

ditd'tN'e Cratlo�'dbven�n;s wtth`the Grantee;"that'Grantor has'done nothing to'in a -- ch as r 9, R1.N'2P0Grantor w l{ •;r;
warrant a Id'defend the title against the lawful claims of all persons claiming by, under or ;h Gr qr,except for the exceptions
hereinafter stated.
Title to the Property is subject to the following exceptions:
I. Amended and Restated Declaration of Easements ofeven date herewith by and among Fc Day !'Club,L.L.C.,a Virginia
limited liability company("Fortune Bay")and Grantor recorded.prior hereto.
2. Declaration of Protective Covenants, Conditions;,Restrictions and Easements of evc a hei it for Kilmarlic Residential
Community Association,made by Grantor and Fortune Bay recorded prior hereto.
3. Deed of Trust dated August 14,2002, executed by Grantor, Red River Oaks, L.L.C., rgini:, iiited liability company, and
Fortune Bay in favor of BB&T Collateral Services Corporation(the"Trustee),as Trustc orded the County Registry in Book
605,at page 511,as amended by Supplemental and Amendatory Deed of Trust of even du ewitl and among Grantor,Fortune
Bay,Trustee and Branch Banking and Trust Company of Virginia,recorded prior hereto.
4. Easements,conditions,rights-of-way and restrictions of record,if any,ad valorem taxes. ..cc d:. ul payable.
IN WITNESS WHEREOF,the Grantor has caused this instrument to be signed in its compan. 0 by i ily authorized
representatives,the day and year first above written.
KILMARLIC RESIDENTIAL,L.L.C.,
a Virginia limited liabili mpany
By:
A.Ru I Kir , er
By:
Warren L.Everhart,Manager
COMMONWEALTH OF VIRGINIA
CITY OF CHESAPEAKE,to-wit:
SEAL-STAMP
.. 1, �CD a Notary I o in I for the City and State
aforesaid,do ereby certify that A. Russell Kirk, Manager of; arlic I idential, L.L.C.,a Virginia
limited liability cot tpany,has acknowledged the same before ii ny Ci .,d State aforesaid this
4 day of 7 �' _,2003,on bchalfofihe
1' "t .[AFFIX SEAL] 'yL �_`. ICJJ
Notary 1 2.0
My cam ion c• ,.e5: y3�03
•1:.,
COMMONWEALTH OF VIRGINIA
SEAL.-STAMP CITY OF CHHEpS�APEAKE,to-wit:
1 1 Yl p ,,
1, iC• L�t)H1�'. a Notary I in f„r the City and State
aforesaid, do h reby certify that Warren L. Everhart, Maur; ,f Yhi,. is Residential, L.L.C., a
Virht�+Tit}��limited liability company,has acknowledged the same I. c me it y City and State aforesaid
thi ay of YY\UX A� 2003,on belialfofthe company
;t a [AFFIX SEAL] �/(Z-1.�`l
Notary I.
My Coni on Ey :s:
'1
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PROPOSED ELEVATED APR
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BRIDGE (12' x 24')
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150' AL
14' 14' ` ` PtiAZEBS�D
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6' AIL
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15'
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12' PROPOSED KAYAK \ AL \
FLOAT NSF EACH PLATFORMS \ � \ AL IN, \
/ 14' PROPOSED 150' x 6' PIER
W/ 10 BOAT SLIPS 25. rYP 4W FJ77A4VAlZaM ArBr.-
1a' 14' (10 MOORING PILINGS) \• '� BitWPpNJfdML PAMM=24% O/V
PROPOSED PLATFORM \
PROPOSED GAZEBO AND GAZEBO ` AL \
(14' x 14') (588 SF)
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AIL
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BASE MAP PROVIDED BY: \ Palms'PILLION
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/ 15 /
GRAPHIC SCALE
60 0 30 6o 120 240 /
{ IN FEET )
1 inch = 60 ft.
/
BOAT , KAYAK & BATH HOUSE FACILITIES
KILMARLIC SUBDIVISION
SOUNDSIDE COMMON AREA
POPLAR BRANCH — CURRITUCK COUNTY — NORTH CAROLINA
„ , WZ-4NT/C ENV11f0NXN- 7,4L CONSM MNTS, LLC
GRAPHIC SCALE 1 = 60 P.O. BOX 3266, K/rrr H,4W,, N.C. 27949
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DATE: 4/4/05 REVISED: 12/16/05 FILE: 05-026 DRAWN BY:DOUG D

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2X6 JOIST 0.4 CCA
2X6 DECKING 0.40 CCA
2x8 GIRDER #2 SYP or
#1 W/RADIUS EDGE
5/8" GALV. TIMBER
BOLT W/GALV. NUT & WASH 2X4 R/S 2.5 CCA
"SEAWALL GRADE' X—BRACE
TOTIP X 25 2.5 CCA
7'6" OC (TYP)
INSTALL BUTT—END
DOWN
24'
PROPOSED R4MP
fOf'Id UMS 3' MIN
1
BRIDGE DETAIL
TYPICAL PIER CROSS SECTION N.T.S.
N.T.S.
14'
PROPOSED KAYAK 12'
PLATFORM
PROPOSED PIER
—I:=====l PROPOSED RAMP
RAMP
FLOATING PLATFORM
i
NWL
-2.0
FLOATING KAYAK PLATFORM DETAIL
N.T.S.
lx•
PROPOSED GAZEBO
(14' x 14')
lf" lf"
PROPOSED PLATFORM PROPOSED PLATFORM
(14' x 14') (14' x 14')
INWL N WL
J.5 -5.5 -5.5
i
GAZEBO AND PLATFORM DETAIL
Sf�E�T 3 OF 3
N.T.S. �n
GAZEBO , PIER , & KAYAK PLATFORM DETAILS
KILMARLIC SUBDIVISION
SOUNDSIDE COMMON AREA
POPLAR BRANCH - CURRITUCK COUNTY - NORTH CAROLINA
N TS 0' N TS
4 4NT/C ENv/f�0�1/MENTAL CONSUL T,4NTS, LL C
GRAPHIC SCALE 1"= P.O. 90.r 9266, K/TTY HAWK, N.C. 279,9
[phone], e-mail roxdorman®aol.com
DATE: 4/4/05 REVISED: 4/22/05 FILE: 05-026 DRAWN BY:DAD

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CAMA MAJOR APPLICATION
KILMARLIC SUBDIVISION
SOUNDSIDE COMMON AREA
POPLAR BRANCH — CURRITUCK COUNTY — NORTH CAROLINA
400' 0' 800' 1600' 2400'
4 ANT/C ENV/1'0�11t1Z-N .4Z CONSUL T,4NTS, LL C
GRAPHIC SCALE 1"= 800' P.O. BOX 3266, /WITTY HAWK, N.G. 279,9
[phone], e-mail roxdorman®aol,com
DATE: 4/06/05 REVISED: FILE: 05-026 DRAWN BY:DAD