55-05 Banks Land Company

Permit Class ermit Number
:14EW 190PY'
55-05
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources�.
and
Coastal Resources Commission
ikrmit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118 `
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Banks Land Company, 6146 North Croatan Highway,Kitty Hawk,NC 27949
Authorizing development in Dare County at Hiah Bridge Creek, 614h N. Croatan
Highwa�Kitty. Hawk . as requested in the permittee's application dated SIP-1 and 7y1P-2 dated
12/22/04 and MP-4 dated 7/26/04, including the attached workplan drawing (1) dated "revised- 9,2x;"04
This permit, issued on April 25, 2005 , is subject to compliance with the apYlicatic•n (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any v;o1a_"cr. of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
1) Prior to the start of any construction, the permittee shall schedule and coordr�4te a pre-construction
meeting with DCM staff. The bulkhead and riprap alignments shall be staked vr-it..;r_ 30 days prior to
the start of construction of these items. These alignments and/or positions shalt bt -cr nsistent with the
locations indicated in the attached workplan drawing, dated "revised" 9/28/04.
Wetland Fill
2) No fill material shall be placed at any time in any vegetated wetlands outside of the fill
area indicated on the workplan drawing.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or Signed by the authority (,f tr,e "r..�� ;f DENR and the
other qualified persons within twenty (20) days of the issuing Chairman of the Coastal
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit shall be accessible on-site to Department
personnel when the project is inspected for compliance.
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� Any maintenance work or project modification not covered S. Jones, DirectorDi'i151�11, �i' �;�,:.>>.21 Mana ement
hereunder requires further Division approval. g
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All work shall cease when the permit expires on This permit and its condition,,sirs __tpted.
December 31, 2008
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program. ;:;-;,Lure of Permittee

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Banks Land Copan Permit#55-OS
Page 2 of 4
ADDITIONAL CONDITIONS
3) All fill material shall be obtained from a high ground source.
4) The fill material shall be clean and free of any pollutants except in trace quantities.
5) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not
authorized.
Riprap
6) The riprap shall not extend waterward more than 5 feet from the normal water level at any point along
its alignment at the time of construction.
7) The authorized placement of riprap is limited to the areas indicated on the workplan drawing.
8) The riprap material shall be free from loose dirt or any pollutant.
9) The riprap material shall consist of clean rock, marl, or masonry materials such as but not limited to
granite, marl, or broken concrete.
Bulkhead
10) The bulkhead shall not extend water-ward more than 2 feet from the normal ater level at any point
along its alignment at the time of construction.
11) The bulkhead shall be constructed prior to any backfilling activities.
12) The bulkhead shall be structurally tight so as to prevent seepage of backfi:l materials through the
structure.
13) The bulkhead shall be solid and constructed of treated wood, concrete slab, rnetal sheet piles or other
suitable materials approved by department personnel. No excavation is l;errniti�:d except for that which
may be required for the construction of the bulkhead wall, riprap, deadmen cabl,;s, etc. This permit does
not authorize any excavation waterward of the approved alignment.
14) No fill material is to be placed within 30 feet of the normal water line, except that which shall be used to
backfill the area behind the permitted bulkhead and retaining wall.
Sedimentation and Erosion Control
NOTE: The applicant shall obtain a sedimentation and erosion control pc;rrr;it ;.(ern the Town of Kitty
Hawk in accordance with local ordinances.
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Banks Land Company Permit#55-05
Page 3 of 4
ADDITIONAL CONDITIONS
15) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
16) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence,
diversion swales or berms, etc.).
Boathouse Facility
17) The boathouse shall not be completely enclosed or have side coverage more than one;half the height of
the side, from the roof waterward. This permit does not authorize the permitees' originally proposed
design of the boathouse walls, consisting of full sidewall coverage. The footprint of the boathouse shall
not exceed that which is indicated on the workplan drawing.
18) The authorized boathouse shall be single story. It may be roofed, but shall not be designed to allow for
second story use.
19) This permit authorizes only the boathouse and other structures and uses located in or over the water that
are expressly and specifically set forth in the permit application except as modified herein. No other
a 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.
20) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable
Y waters at or adjacent to the authorized work.
21) The authorized boathouse and associated activity shall not cause an unacceptable interference with
$ navigation.
22) 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.
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Boatramp
23) The boat ramp shall either be poured at an upland location and pushed into place once hardened, or
poured entirely within a watertight containment structure. Live concrete shall not be allowed to contact
waters of the State or waters that will enter waters of the State.
24) The concrete portion of the ramp shall not extend more than 8 ft. into High Bridge Creek.
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Banks Land Company Permit#55-05 ,
Page 4 of 4
ADDITIONAL CONDITIONS
25) The wooden ramp approach shall be positioned on the landward side of the concrete ramp and shall be
slotted, and no greater than 10 ft. wide and 20 ft. long.
General
26) 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 shall 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.
27) 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.
28) 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.
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NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required including but not limited to a Stormwater
Permit from the Division of Water Quality if required.
NOTE: Future development of the permittee's property, including parking lot construction, 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: The N.C. Division of Water Quality has assigned the proposed project DWQ Project No. 05-
0218.
} NOTE: The U.S. Army Corps of Engineers authorized the proposed project undc-r General Permit No.
198200277 (COE Action Id. No. 200510515), which was issued on 2/8/05.
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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
April 26,2005
Banks Land Company
ATTN: Alex Lefevre
6146 North Croatan Hwy
Kitty Hawk,NC 27949
Dear Mr. Lefevre:
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 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,
Rolu;- & V,
Douglas V.Huggett
Major Permits and Consistency Manager
Enclosure
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone] FAX: [phone] Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: KHG, Inc. and Banks Land Company
PROJECT NAME: Islander Flags
2. LOCATION OF PROJECT SITE: Adjacent to US 158 and High Bridge Creek, which connects to
both Kitty Hawk Bay and Ginguite Creek, Town of Kitty Hawk in Dare County
Photo Index - 2000: 184-2124 (R 9); 1995: 186-1962 (H 5)
State Plane Coordinates, X: 2963859; Y: 869007 GPS C121518A
3. INVESTIGATION TYPE: CAMA/D & F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - September 16, 2004
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received Complete - January 31, 2005
Office - Elizabeth City
FE8 0 2 2005
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Town of Kitty Hawk I ofGi lead City DC­ �Ia'
Land Classification From LUP - Conservation
(B) AEC(s) Involved: Public Trust Area, Estuarine Waters, Estuarine Shoreline
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - septic tank-drain field; Planned - upgrade of existing drain
field system (approved under current CAMA Minor Permit # 05212004);
(F) Type of Structures: Existing: 2 commercial retail shop buildings (6,800 sf), gravel/concrete
parking area, concrete boat ramp, man-made basin, small deck and bulkhead; Planned - filling
of man-made basin, relocation of existing boat ramp, construction of boat house and bulkhead /
rip-rap shoreline stabilization.
(G) Estimated Annual Rate of Erosion: minimal
Source - Applicant
7. HABITAT IMPACT DESCRIPTION: [AREA]
EXCAVATION FILL OR GRADING SHADING
(A) Freshwater Wetlands 361 sf
(B) Public Trust/Estuarine 2,916 sf 240 sf
Waters
(C) Upland / Estuarine Shoreline 2,448 sf
(D) Total Area Disturbed: 5,003 sf(2,448 sf less 361 sf)+2,916 sf), 0.114 acres (above shading
over public trust area is not included as disturbed area)
(E) Primary Nursery Area: No
(F) Water Classification: SC; closed

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Islander Flags, Dare County
FIELD INVESTIGATION REPORT
Page 2
8. PROJECT SUMMARY: This project involves the filling of a man-made basin and a small
separate area of USACOE jurisdictional wetlands. The applicants also propose to install bulkhead
and riprap shoreline stabilization and the relocation of an existing boat ramp adjacent to High
Bridge Creek in Kitty Hawk, Dare County. Proposed work also includes the construction of a
boathouse to be used in conjunction with the existing kayak / canoe rental location.
Project Setting
The application site is located just east of the Wright Memorial Bridge along US 158 in the Town
of Kitty Hawk in Dare County. The site is adjacent to the intersection of the US 158 - High
Bridge Creek Bridge and the site elevation ranges between 2 and 10 feet above the NWL with the
lower elevation-portion of the site being situated to the rear of the site adjacent to the shoreline.
The application site is 26,672 square feet with limited parking. Two businesses operate from these
buildings (Kitty Hawk Kayaks and Islander Flags).
The site also includes a man-made basin that was excavated from high ground and connects
directly to High Bridge Creek. The basin is located behind Kitty Hawk Kayaks. The basin is 40
feet wide and 80 feet long and is aligned perpendicular to High Bridge Creek. The basin water
depths range between the NWL and 1.5 feet below the NWL from east to west and it has silted in
significantly, predominately, from run-off from the adjacent upland area. There is little or no
vegetated area along the basin shoreline or much of the upland area directly to the east of the
basin. A large portion of the basin water bottom area appears to be exposed a majority of the time.
No grasses or mollusks were observed along the basin water bottom. A concrete boat ramp is
located near the east end of the basin and currently is located a distance of seven feet landward of
the NWL. A short portion of the shoreline along the north side of the basin is bulkheaded with
remnant cinderblock. A small narrow deck is located along the south side of the Kitty Hawk
Kayaks building and extends approximately 15 feet along the north side of the basin. Most of the
shoreline along High Bridge Creek is steep and is over 6 feet above the creek water elevation. Not
including the basin, this property includes about 165 feet of shoreline along High Bridge Creek.
The south side of the property is wooded and is adjacent to property owned by the State of North
Carolina . A ditch is located along the property line and the area near this ditch is vegetated with
some U.S. Army Corps of Engineers (USACOE)jurisdictional wetlands. This area is vegetated
with Pinus taeda, Quercus virginiana, Myrica cerifera, and Ilex virginiana. Wetland vegetation
species include Typha spp., Magnolia virginiana, Liquidambar styraciflua, and Arundinaria spp.
Approximately 361 square feet of these wetlands are located on the application site.

. 4
Islander Flags, Dare County
FIELD INVESTIGATION REPORT r FE 0 �? ^r�
Page 3
Morehead Cir, M
High Bridge Creek extends from Kitty Hawk Bay north adjacent to the site. The water body
continues north and is known as Ginguite Creek(Jean Guite) north of US 158. High Bridge Creek
is approximately 50 feet in width in the vicinity of the application site and is approximately 4 to 5
feet deep (NWL) at a distance of 12 feet off shore from the applicant's property. High Bridge
Creek is a popular kayak and canoe venue between US 158 and Kitty Hawk Bay. The waters of
High Bridge Creek are considered to be a tributary to the Albemarle Sound and carry the same
water classification. Ginguite Creek and waters tributary thereto are classified as an Inland PNA
by the Wildlife Resources Commission. The North Carolina Environmental Management
Commission has designated these waters as `SB' waters (suitable for fish propagation). The
North Carolina Marine Fisheries and Wildlife Resources Commissions classify the waters of the
Albemarle Sound as Coastal Waters.
The Coastal Resources Commission (CRC) has designated these waters as Estuarine Waters and
Public Trust Areas of Environmental Concern (AEC). Also under the designation of the CRC, a
Coastal Shoreline AEC extends in a contour of 75 feet landward of the NWL.
Project Description
This project involves the filling of a man-made basin, the construction of bulkhead and riprap
shoreline stabilization and a boathouse structure. The proposed work also includes the relocation
of an existing boat ramp and the filling of 361-square feet of USACOE jurisdictional wetlands.
Alex Lefevre(Banks Land Company)has conditionally contracted with the current property owner
(KHG) to purchase this property, provided the proposed improvements are permitted by the
Division of Coastal Management. The proposed work is adjacent to Estuarine Waters that connect
to Kitty Hawk Bay and the Albemarle Sound. These improvements are proposed to enhance an
existing kayak / canoe rental location.
The existing boat ramp will be removed and the new ramp will be constructed adjacent to High
Bridge Creek. A bulkhead structure with a combined length of 39 feet will be constructed adjacent
to the ramp across the mouth of the basin on both sides of the ramp. The existing 2,916-square
foot basin will be filled with clean fill from an upland source. A 20-foot by 12-foot boathouse for
canoes and kayaks will be constructed to the north of the ramp. The majority of the remaining
shoreline area (approximately 90 feet) will be stabilized with riprap concrete and rock. The
bulkhead structure will be aligned to approximately 2 feet waterward of the NWL and the riprap
material will be positioned an average of 6 feet beyond the NWL. A 30-foot wide vegetated buffer
will be planted and maintained along the adjacent upland shoreline area along High Bridge Creek.

Islander Flags, Dare County
FIELD INVESTIGATION REPORT
Page 4
The boat ramp will be 10 feet wide and 16 feet long. It will be made of concrete and will extend
approximately 8 feet into High Bridge Creek. A wooden, slotted, 10-foot wide by 20-foot long
ramp approach will be positioned on the landward side of the ramp.
The boathouse will be 3 feet above the NWL elevation and have an interior 3-foot wide walkway
along two sides of the structure. The structure will have an 8 by 12 pitched roof and have an
interior shelf rack for kayaks and canoes. The boathouse will be enclosed from the platform
height (3 feet above the NWL) and include swinging doors on one end.
Since the site currently has very limited parking area, the applicants eventually plan to add parking
area. This will necessitate the incorporation of on-site stormwater retention areas. The small area
of wetland fill proposed will allow for the future placement of on-site stormwater and additional
parking for this existing facility.
Other than that work necessary to install the boat ramp, this proposal does not include any
excavation of the adjacent water bottom areas.
Anticipated Impacts
As this project is described above, it will result in the following impacts:
• The loss of 361 square feet of freshwater / USACOE jurisdictional wetland area.
• The loss of 2,996 square feet of Estuarine Water bottom, and Inland PNA.
• The shading of 240 square feet of Estuarine Waters and Public Trust Area.
• A net decrease of 120 square feet of impervious area within the Estuarine Shoreline and the
Coastal Shoreline Buffer Areas of the Albemarle Sound.
• An improved site access for kayaks and canoes to utilize the connecting and adjacent Public
Trust Waters of High Bridge Creek.
• No increase in impervious surface area within the Coastal Shoreline Buffer Area of the
Albemarle Sound.
• No loss of Coastal Wetlands.
• The installation and maintenance of a 30-foot wide vegetative buffer along High Bridge
Creek.

Islander Flags, Dare County
FIELD INVESTIGATION REPORT
Page 5
Although this project will result in the loss of 2,996 square feet of Estuarine Water bottom, (other
than the small area associated with the ramp placement into High bridge Creek) the vast majority
of the proposed fill will be in a man-made basin that was excavated from an upland area. The basin
depth is shallow and currently not useable. In addition, evidence indicates that this area provides
little if any, coastal habitat. No finfish or crustaceans were observed during any site visits and the
permit applicant has provided photos showing the less than desirable current aquatic state of the
basin. The boat ramp and basin are currently not useable and the property owners actually refer to
the basin as a ditch. This project will result in an enhancement for better access by low impact
public trust use by kayak and canoe to enjoy the connecting and adjacent Public Trust Waters of
High Bridge Creek.
Submitted by: Dennis W. Hawthorn
Date: January 31, 2005
FEB 0 2 Z005
Morehead City DCM

Form DCM—MP- 1 R FCEIVED
DEC 3 0 2004
APPLICATI
J��ESTAL LlZ48 TH EMENT
Irr
(To be comp/ 'led by all applicants)
�� FEB 0
_ Morehead
1. APPLICANT S�:) - S d. Is proposed work within city limits or planning jurisdiction?
Morehead CC77_L_J 70
X Yes No
a. Landowner: e. Name of body of water nearest project (e.g. river, creek,
sound,bay) High Bridge Creek
Name KHG,Inc.-current owner
Address P.O. Box 8377
3. DESCRIPTION AND PLANNED USE
City Duck State NC OF PROPOSED PROJECT
Zip 27949 Day Phone [phone]
a. List all development activities you propose(e.g.building a
Fax home,motel,marina,bulkhead,pier,and excavation and/or
filling activities.
b. Authorized Agent: Section 404 wetlands fill and surface water ditch fill for
future parking/loading- necessary to comply with local
Name Banks Land Company.Attn: Alex Lefevre ordinances(currently noncompliant),shoreline stabilization
(rip rap and bulkhead), wood retaining wall along south
Address 6146 N. Croatan Highway property boundary, concrete boat ramp, wood boathouse.
There will be additional upland development permitted at a
City Kitty Hawk State NC later date under a Minor CAMA Permit
b. Is the proposed activity maintenance of an existing project,
Zip 27949 Day Phone[phone] new work,or both? Both
Fax[phone] c. Will the project be for public,private or commercial use?
Commercial
c. Project name(if any)Islander Flags d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed project. If
NOTE: Permit will be issuer/in name of landowner(s),and/or project more space is needed,please attach additional pages._
Backfill,grading and construction to be performed by local
name. contractors; prior to ditch backfill bulkhead will be
2. LOCATION OF PROPOSED constructed to avoid temporary turbidity increase to
Guinguite Creek; work to be done as shown on the Major
PROJECT CAMA Site Plan and cross-sections
a. County Dare
b. City,town,community or landmark 4. LAND AND WATER
Kitty Hawk CHARACTERISTICS
c. Street address or secondary road number
6146 N. Croatan Highway a. Size of entire tract-26.672 sq.ft.

Form DCM-MP- 1 RECEIVE
DEC 3 a 2001i.
'OAST L t M- {,=,vl_hMN
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b. Size of individual lot(s)currently 1 parcel industrial/commercial effluent,"washdown"andresidential
discharges.)
c. Approximate elevation of tract above MHW or NWL Surface runoff
ranges from 2-10 ft NGVD
d. Soil type(s)and texture(s)of tract o. Describe existing drinking water supply source.
Osier fine sand and Psamments(historic fill) Dare County Water Department supply
e. Vegetation on tract Maintained grasses, loblolly pine, red
bay,sweet gum,live oak,american holly,american bamboo, 5. ADDITIONAL INFORMATION
cattail
f. Man-made features now on tract 60 ft x 80 ft metal building, In addition to the completed application form, the following
40 ft x 50 ft wood building, parking areas and driveway, items must be submitted:
concrete boat ramp
• A copy of the deed (with state application only) or other
instrument under which the applicant claims title to the
g. What is the CAMA Land Use Plan land classification of the affected properties. If the applicant is not claiming to be the
site?(Consult the local land use plan.) owner of said property, then forward a copy of the deed or
other instrument under which the owner claims title, plus
Conservation _Transitional written permission from the owner to carry out the project.
X Developed Community
Rural Other • An accurate, dated work plat (including plan view and
cross-sectional drawings)drawn to scale in black ink on an 8
h. How is the tract zoned by local government? 1/z" by 11" white paper. (Refer to Coastal Resources
Commercially Commission Rule 7J.0203 for a detailed description.)
i. Is the proposed project consistent with the applicable Please note that original drawings are preferred and only high
zoning? X Yes No quality copies will be accepted. Blue-line prints or other
(Attach zoning compliance certificate. if applicable) larger plats are acceptable only if an adequate number of
quality copies are provided by applicant. (Contact the U.S.
j. Has a professional archaeological assessment been done for Army Corps of Engineers regarding that agency's use of larger
the tract? Yes X No drawings.) A site or location map is a part of plat
If yes,by whom? requirements and it must be sufficiently detailed to guide
agency personnel unfamiliar with the area to the site. Include
k. Is the project located in a National Registered Historic highway or secondary road(SR)numbers,landmarks,and the
District or does it involve a National Register listed or like.
eligible property?
Yes X No
• A Stormwater Certification, if one is necessary.
I. Are there wetlands on the site? X Yes _No
Coastal (marsh) Other X Section 404 • A list of the names and complete addresses of the adjacent
If yes,has a delineation been conducted? Yes-confirmed waterfront (riparian) landowners and signed return
plat signed 5-11-04 receipts as proof that such owners have received a copy of
(Attach documentation,if available) the application and plats by certified mail. Such
landowners must be advised that they have 30 days in which
in. Describe existing wastewater treatment facilities. to submit comments on the proposed project to the Division
New permitted on-site system to be installed (See Minor of Coastal Management. Upon signing this form, the
CAMA Permit#0521-2004) applicant further certifies that such notice has been provided.
n. Describe location and type of discharges to waters of the
state. (For example, surface runoff, sanitary wastewater,
no Ina

Form DCM—MP- 1 RECoEIVED
DEC 3 c 20N
77 ENT
Name NCDOT This is the 2-7--day of :1) c c ,20Cys.1
Address 1929 N. Road Street,Elizabeth City,NC 27909
Phone Print Name Alex Lefevree o
Name State of North Carolina Signature 2:�-� 6`-- � �+ -�••^�Hof
Address 4705 University Dr.,#290,Durham,NC 27707 Landowner or Authorized Agent
Phone
Please indicate attachments pertaining to your proposed project.
• A list of previous state or federal permits issued for work
on the project tract. Include permit numbers,permittee,and X DCM MP-2 Excavation and Fill Information
issuing dates. DCM MP-3 Upland Development
Minor CAMA Permit#0521-2004 X DCM MP-4 Structures Information
DCM MP-5 Bridges and Culverts
DCM MP-6 Marina Development
• A check for $250 made payable to the Department of
Environment, Health, and Natural Resources (DEHNR) to NOTE: Please sign and date each attachment in the space
cover the costs of processing the application. provided at the bottom of each form.
• A signed AEC hazard notice for projects in oceanfront and
inlet areas.
• A statement of compliance with the N.C.Environmental 1 t F
Policy Act(N.C.G.S. 113A- 1 to 10)If the project involves
the expenditure of public funds or use of public lands,attach FEB 0 2 2005
a statement documenting compliance with the North Carolina
Environmental Policy Act. Morehead City DCM
6. CERTIFICATION AND PERMISSION TO
ENTER ON LAND
I understand that any permit issued in response to this application
will allow only the development described in the application.
The project will be subject to conditions and restrictions
contained in the permit.
I certify that to the best of my knowledge, the proposed activity
complies with the State of North Carolina's approved Coastal
Management Program and will be conducted in a manner
consistent with such program.
I certify that I am authorized to grant, and do in fact, grant
permission to representatives of state and federal review agencies
to enter on the aforementioned lands in
connection with evaluating information related to this permit
application and follow-up monitoring of the project.
I further certify that the information provided in this application
is truthful to the best of my knowledge.
n - ,

Form DCM—MP-2
EXCAVATION Dec r, 1�
ANDFILL �.?OAS Tay ►1'AGEMCIv-I-
(Except bridges and culverts) '_z1.;7.aesrH clrY
Attach this form to Joint Application for CAMA Major Permit,
Form DCM-MP-1. Be sure to complete all other sections of the
Joint Application that relate to this proposed project. 2, DISPOSAL OF EXCAVATED MATERIAL
Describe below the purpose of proposed excavation or fill N/A
activities. All values to be given in feet.
a. Location of disposal area
Avera Final
ge Projec
Lehgt Widt Exligsti Det th b. Dimensions of disposal area
De th p
Access c. Do you claim title to disposal area?
channel Yes _No
(MLW)or
If no,attach a letter granting permission from the owner.
(NWL) d. Will a disposal area be available for future maintenance?
Yes No
Canal If_yes,where?
e. Does the disposal area include any coastal wetlands
basin -80 ft -35 ft -3.5 ft 2,916 (marsh),SAVs or other wetlands?
of fill sq.ft. Yes No
(ditch fill) (378 cu
ds) f. Does the disposal include any area in the water?
Yes No
Boat 16 ft loft 2.5 ft 2.0-3.0
ramp approx. ft
Graded
Rock
3. SHORELINE STABILIZATION N/A
groin
a. Type of shoreline stabilization
X Bulkhead X Riprap
404 -2.0 ft 259 sq.
wetlands of fill ft.total b. Length Bulkhead=39 ft,Rip rap=90 ft
fill
c. Average distance waterward of MHW or NWL
At NWL
d. Maximum distance waterward of MHW or NWL
2 ft waterward RV gUtkH ' S FT toe Rtp Q42
e. Shoreline erosion during preceding 12 months
1. EXCAVATION N/A Minimal
(Source of informotion) Daily visitation
a. Amount of material to be excavated from below MHW or f. Type of bulkhead or riprap material Wood/vinyl
NWL in cubic yards bulkhead,rock(granitic or comparable)rip rap
b. Type of material to be excavated
g. Amount of fill in cubic yards to be placed below water level
c. Does the area to be excavated include coastal wetlands (1) Riprap
(marsh), submerged aquatic vegetation(SAVs)or other (2) Bulkhead backfill 78 so. ft(2 ft/ft of bulkhead)
wetlands? —Yes —No h. Type of fill material sand backfill
d. Highground excavation in cubic yards
- .

i. Source of fill material local sand supplier
FIE I1
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization) DEC 3
COA
Cr
a. Will fill material be brought to site?
X Yes No
If yes,
(1) Amount of material to be placed in the water ditch
water —1.5 ft deep; total maximum fill in water =
4,374 cu.ft. 062 cu vds)
(2) Dimensions of fill area 2,916 sq. ft x 3.5 ft=378
cu. yds.
(3) Purpose of fill Fill is necessary to provide parking
and driveway to brine site into local compliance
Ditch currently has stagnate water and dries out
totally during onshore wind events(mud substrate)
b. Will fill material be placed in coastal wetlands(marsh),SAVs CM 9�J
or other wetlands? r
X Yes No Section 404 Wetlands
FEB 0 2 2005
If yes,
(1) Dimensions of fill area 259 sg. ft. of Section 404 Morehead Moreh
wetlands City DCM
(2) Purpose of fill future parking and driveway.
Proposed compensatory mitigation is contribution to
the NCEEP
5. GENERAL
a. How will excavated or fill material be kept on site and erosion
controlled? Silt fence will be installed before initiation of
any fill activitv. Bulkhead will be constructed at the mouth of
the ditch prior to backfilline.
b. What type of construction equipment will be used (for
example,dragline,backhoe,or hydraulic dredge)?
Backhoe,dump truck compaction equipment
c. Will wetlands be crossed in transporting equipment to project
site? —Yes X No
If yes,explain steps that will be taken to lessen environmental
impacts.
Alex Lefevre
AppUcsAt or Project Name
Signature
( Z_( zz-( o-(
Date
Form DCM-MP-2
Revisp.d 09/q.1)

Form DCM-MP-4
-71
STRUCTURES
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major f. Mooring structure(boatlift, mooring pilings, etc.)
Permit, Form DCM-MP-1. Be sure to complete all other oat ramps
sections of the Joint Application which relate to this _ ommercial X Community_Private
proposed project. (2) Number 1
(3) Length _ 16
a. Dock(s) and/or Pier(s)N/A (4) Width in
(1) _Commercial_Community_Private
(2) Number g. Other(Give complete description) N/A
(3) Length
(4) Width
(5) Finger Piers —Yes No
(i) Number
(ii) Length
(iii) Width
(6) Platform(s) Yes No
(i) Number
(ii) Length Alex Lefevre
(iii) Width ApNicant or Projec am
(7) Number of slips proposed
(8) Proximity of structure to adjacent riparian nature
property lines
(9) Width of water body
(10) Water depth at waterward end of pier at MLW Date
or NWL
b. Boathouse (including covered lifts)
see architectural cross-section
(1) X Commercial Private
(2) Length 20 ft
(3) Width 12 ft
c. Groin (e.g. wood, sheetpile, etc.) N/A
(1) Number
(2) Length(s)
d. Breakwater(e.g. wood, sheetpile, etc.) N/A
(1) Length
(2) Average distance from MHW, NWL or
wetlands
(3) Maximum distance beyond MHW, NWL or
wetlands
e. Mooring buoys N/A
(1) _Commercial_Community_Private
(2) Number
(3) Description of buoy
(Color, inscription, size, anchor, etc.)
(4) Width of water body
(5) Distance buoy(s)to be placed beyond shoreline
Revised 03/95

AECEI
Y E
GENERAL NOTES MAR 3
1. PROPERTY DESCRIPTION
A INCLUDES THE DITC672 SFH(APPROXIMATE
THEMPROPERTY FIGURE) pAS l,?A 3ETH C EMEf�T
B. SHORELINE IS APPROXIMATE AND SUBJECT TO CHANGE DUE TO EROSION/ACCRETION E�-1.7ABETN CITY
C. APPROXIMATE AS—BUILT CONDITIONS HAVE BEEN DIGITIZED FROM AERIAL PHOTOGRAPHY
PROPOSED BULKHEAD
EXISTING i y
30'VE6ETATIVE BUFFERCID
EXISTING ►�
'5'AEG LINE EXISTING MAN—MADE DITCH V
m
N
co
\ K1tty kos k •_
Islander � -
Flags \ ete pad W VELA VE BUFFER
FEB 0 2 2005
MoieheadC i
A
GRAPHIC SCALE
40 0 20 40 so 1so
IN NEW mm=89
( INS )
i inch = 40 ft

t�
o w_
N :�(}
® � 4F
h RMF PEAK
Y
U.J L
a
10 FT I=
SIDEVALLS
I �
3 FT TYP.
3 FT TYP.
SUBSTRATE
BOATHOUSE SECTION
VIEW FROM HIGH BRIDGE CREEK

DIVISION OF COASTAL MANAGEMENT 14 K
APPLICATION TRANSMITTAL AND PROCESSING RECORD ��
A) APPLICANT: KHG, Inc. and Banks Land Company County: Dare
LOCATION OF PROJECT : 6146 N. Croatan Hwy., Adjacent to US 158 & Hig4 Bridge Creek, Kitty Hawk
DATE APPLICATION RECEIVED COMPLETE BY FIELD REP: 01/31/05
FIELD RECOMMENDATION: Attached: YES To Be Forwarded: NO
CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES
FIELD REPRESENTATIVE: Dennis Hawthorn DISTRICT OFFICE: Nqam a 'fry
�M
DISTRICT MANAGER REVIEW: Ted Sampson, 01/31/05
B) DATE APPLICATION RECEIVED IN RALEIGH: p FEE REC'D: $475
PUBLIC NOTICE REC'D: END OF NOTICE DATE: OZ1211O.5-
ADJ. RIP. PROP NOTICES REC'D: i/ DEED REC'D:
APPLICATION ASSIGNED TO: ON:— ��/fv>'
C) 75 DAY DEADLINE: 044-J(p- GLS 150 DAY DEADLINE:
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 L 210�/
Coastal Management- LUP Consistency �� o
Division of Community Assistance
i Land Quality Section 5ee, coda dw, r,MMA 31� 4
Division of Water Quality tvA11 .4 P'. .
Storm Water Management(DWQ)
State Property Office 'L 1 I r7 j ✓
Division of Archives&History 2q/o s ✓
Division of Environmental Health 21 1D<
Division of Highways �/Zo 10
Wildlife Resources Commission
v
Division. of Water Resources
Division of Marine Fisheries 'N 75
Submerged Lands (DMF)
G .w ;��✓n �r. Ll;l .� `(;L,,�(� 2(2 ��°�' 6��3 t�d1tXJL '� ,S61+1( 4'A $ iJS
'COY

Permit
DCM Coordinator: �.
MAILING DISTRIBUTION: /� (� /
Permitee: I�A� � /l Aewc,
Lot DCM Field Offices:
Elizab
More ead City
as m on
Wilmington
US Army Corps of Engineers(USACE):
as ington: Mike Bell(NCDOT)
Bill Biddlecome(N DOT)
Raleig Blan
Wilmington: Dave Timpy(NCDOT)
Henry Wicker
Ot
LShellfish
sources: Renee Gledhill-Earl
tal Health: Terry Pierce�/
eries: Mike Street✓/
Ken Pace V
nitation: Patty Fowlerty Office: Joseph Henderson
i di Karol ,(for non-D
ess (NCDOT)
Water Resources: John Sutherlan
Wildlife Resources: Maria Tri
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(910/251-4025)
CAMA Major Permit Process Manual Page 70 of 70

Quible
Quible &Associates, P.C. -- P.O.Drawer870
ENGINEERING•ENVIRONMENTAL SCIENCES•PLANNING•SURVEYING K Hawk,NC 23300
--- Phh one:252-261.3300
SINCE 1959 Fax:[phone]
PRINCIPALS
Sean C.Boyle,P.E.
July 26,2004 EduadohJ,Voldivleso,P.E.
ASSEd Harrell Joseph J.Anlauf,RE.
'a Katherine Crchello,P.L.S.
1367 US 17 South �� ,MaDavid S.Neff
Elizabeth City,NC 27909
RE: Major CAMA Permitting,Islander Flags Property(Attn:Alex Lefevr FF6
Kitty Hawk,Dare County,North Carolina 7�joreh
Ed: �$d C/tyf ..
Enclosed is a Major CAMA Application package for the above referenced project. I have not included the 27 copies
of the Site Plan at this time because we would like to get your preliminary review and have a chance to make any
changes if necessary. Also,when I receive the green card certified mail receipts for notification of adjacent riparian
owners,I will forward those to you.
The applicant is Banks Land Company(Attn:Alex Lefevre). Alex is contracted to purchase the property with KHG,
Inc(current owner). The contract is contingent upon several conditions,including Major CAMA Permitting for
ditch fill. The goal of the contracted party is to bring the site into compliance with Town of Kitty Hawk
requirements and to renovate and upgrade the facility. To do so, additional parking must be provided. Currently the
property operates as Islander Flags and Kitty Hawk Kayaks and plans are that it will continue to do so in the future.
Currently,the parking spaces are located in the public right-of-way. Due to the lack of usable land on the property,
the existing man-made ditch that connects to High Bridge Creek or Guinguite Creek must be filled. The ditch
contains stagnate water during normal tidal conditions and becomes dry during onshore wind events. The ditch has a
muddy substrate and no submerged aquatic vegetation(SAVs)are growing. Our findings are that the ditch does not
function as a significant animal or plant habitat. The ditch is used for kayak launching and the proposed work in this
application includes an upgraded kayak and small boat launch(see Site Plan).
In addition to ditch backfill(2,916 sq.ft.)there are also 259 sq.ft. of proposed Section 404 wetlands fill. This area is
also necessary for property upgrades. Other proposed work within this Major CAMA Application includes shoreline
stabilization consisting of 90 linear feet(If)of rock rip rap and 391f of wood bulkhead,a wood retaining wall(100
If)along the south property,concrete boat ramp(10 ft x 16 ft)and a slotted wood approach(10 ft x 20 ft),and a
wood pile supported boat house(10 ft x 20 ft). All of this proposed work is described in the Application and is
depicted on the site plan and attached cross-section.
There will be additional upland development that is not included in the scope of this project. This would include
construction of parking areas, driveways and building renovations. Design engineers and architects are currently
developing the layout for this work. Since the applicant has contractual deadlines,the upland development will be
permitted later under a separate Minor CAMA Permit.
Please provide your preliminary review comments at your earliest convenience. I appreciate your attention to this
project. You can reach me at(252)261-3300 to discuss and I am available to.meet you on-site if necessary.
Sincerely,
Quible&Associates,P.C.
Brian Rubino
CC: Alex Lefevre

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ii .i

Michael F.Easley,Governor
C� QG William G.Ross Jr.,Secretary
Uj S'r North Carolina Department of Environment and Natural Resources
Alan W.Klimek,P.E.Director
E pa; Division of Water Quality
CECERTIFIED MAIL
RETURN REIT REQUESTED
7003 3110 0002 0575 2721
7003 3110 0002 0575 2714 D
May 20, 2005
Mr.Alex Lefevre,Owner WED
Banks Land Company 6146 N. Croatan Highway k (�, 2005
Kitty Hawk, NC 27949
KHG, Inc., Owner Morehead City DCM
Islander Flags
PO Box 8377
Duck, NC 27949
Subject: RETURN
Stormwater Project SW7050202
Islander Flags
Dare County
Dear Mr. Lefevre:
This office received a copy of your CAMA Major permit and supporting information on February 2,
2005 for a proposed bulkhead, boat ramp, and boathouse to be located at Islander Flags in Dare County. In
a letter dated March 22, 2005 (copy of letter attached), you were advised that a State stormwater permit was
required and that specific information should be submitted by April 22, 2005. As of today, this information
has not been received. Therefore your project is considered incomplete and is being placed in inactive
status.
Please be advised that construction of the proposed facilities without a valid State Stormwater permit
is a violation of 15A NCAC 2H.1000 and North Carolina General Statute 143-215.1 and may subject you to
appropriate enforcement actions in accordance with North Carolina General Statute 143-215.6. Civil penalties
of up to $10,000 per day per violation may be assessed for failure to secure a permit required by North
Carolina General Statute 143-215.1.
If you decide to pursue the project in the future, you should submit the required application package
along with the requested additional information and permit processing fee.
If you have any questions or comments concerning this matter please call me at(252) 948-3848.
Sincerely,
Scott Vinson
Environmental Engineer
Washington Regional Office
Attachment
cc: ✓Doug Huggett, CAMA
Dare County Inspections
Environmental Professionals, Inc., c/o Kendall Tumage
Washington Regional Office
NorthCai
Xatun
North Carolina Division of plater Quality Washington Regional Office Phone[phone] FAX[phone] Customer Service
Internet: h2o.encstate.nc.us 943 Washington Square Mall.Washington.NC 27889 1-877-623-6748

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
April 14, 2005
KHG, Inc.
P.O. Box 8377
Duck,NC 27949
Dear Sir or Madam:
This letter is with reference to your application for a Coastal Area Management Act
Major Development permit to fill basin & wetlands, install bulkhead and riprap, relocate boat
ramp, and construct a boathouse in Dare County adjacent to US 158 and High Bridge Creek at
6146 N. Croatan Hwy, Kitty Hawk,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 June 30, 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,
,9.4& V. H';�
Doug Huggett
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

f C1�\t4 A r�R Michael F.Easley.Governor
`�? � QG William G.Ross Jr.,secretary
y North Carolina Department of Environniant and Nahual Resources
j ={ Alan W.Klimek,P.E.Director
Division of Water Quality
March 22, 2005
Alex Lefevre, Agent
Banks Lana'Comprniy
61 46 N. Croatan Highway
Kitty Hawk, NC 27949
KHG, Inc. , Owner
Islander Flags
PO Box 8377
Duck, NC 27949 Subject: REQUEST FOR STORMWATER
MANAGEMENT PERMIT APPLICATION
Islander Flags
Stormwater Project No. SW7050202
Dare County
Dear Mr. Lefevre:
This office received a copy of your CAMA permit application for the subject project on
February 2, 2005. The North Carolina Administrative Code requires any project that must
receive either Sedimentation and Erosion Control Plan approval and/or a CAMA Major permit to
apply for and receive a Stormwater Management Permit by the Division of Water Quality. Any
of 15AconstructionAC 2Hh1000 subject
nd may resultior s n appropriate enff the orclred emepermit, will nt action by this constitute
violation
of 15A
Either a Stormwater Permit Application Package including 2 sets of plans, completed
application form, fee, and supporting documentation, or a written response regarding the status
of this project and the expected submittal date must be received in this Office no later than April
22, 2005. r Failure
to respond this
request
may
result in the initiation of enforcement action,
and cons Jxer experience o subsequent
Please reference the Stormwater Project Number above on all correspondence. if
you have any questions, please call me at (252)-948-3848.
Sincerely,
Scott Vinson
Environmental Engineer
Washington Regional Office
S:\WQS\SAV\STORMWATER\STORMAPP\SW7050202
cc: Dare County Planning/Inspections
Quible &Associates, P.C.
V VARO
rthC�,i
l�rir!r
Phone[phone] FA`i(252)94o-921= Customer SerViCe
North Carolina Division of��'arer C�UahI\' Washing on Ra3ional Ottice 2 1.8',7-(23.67=3
943 Washin;ton Suuare\Iatl.Washington,NC 7889

ie
v
2005
rehead City DCKA
® North Carolina Wildlife Resources Commission IQ
Richard B. Hamilton, Executive Director
MEMORANDUM
TO: Doug Huggett, Major Permits Processing Coordinator
Division of Coastal Management
North Carolina Department of Environment and Natural Resources
FROM: Maria Tripp,Northeast Coastal Region Coordinator a, r�
Habitat Conservation Section 1
DATE: March 7, 2005
SUBJECT: CAMA Dredge/Fill Permit Application for KHG, Inc. and Banks Land
Company, Dare County,North Carolina.
Biologists with the North Carolina Wildlife Resources Commission(Commission)reviewed the
permit application with regard to impacts on fish and wildlife resources. The project site is located adjacent to
US Hwy. 158 and High Bridge Creek in Kitty Hawk. Our comments are provided in accordance with
provisions of the Coastal Area Management Act(G.S. I I3A-100 through I I3A-128),as amended,and the
Fish and Wildlife Coordination Act(48 Stat. 401,as amended; 16 U.S.C. 661 et seq.).
The applicant proposes to fill a 40'x 80' man made basin with depths between-1.5' and NWL that
connects directly to High Bridge Creek, relocate an existing boat ramp,construct a 20'x 12' boathouse, and
stabilize the shoreline with 39' of bulkhead and 90' of riprap.A 361 ft area of Section 404 Wetlands is also
proposed to be filled for a future parking area.. High Bridge Creek is a tributary of the Albemarle Sound and is
classified SB by the Environmental Management Commission.Nomenclature of the creek changes north of
the US Hwy 158 bridge to Jean Guite Creek and is designated an inland primary nursery area(PNA).
The Commission does not object to the project as proposed. Due to the close proximity of the project
site to an inland PNA,we request a turbidity curtain be placed around the project area to prevent adverse
impacts to aquatic resources caused by increased turbidity levels during construction.
We appreciate the opportunity to review and comment on this permit application. If you need further
assistance or additional information,please contact me at(252)948-3916.
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] ext.281 0 Fax: [phone]

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, DCM Major Permit Coordinator
FROM: Charlan Owens, AICP, NE DCM District Planner
Through: Ted Sampson, NE DCM District Manager
SUBJECT: Major Permit Request by KHG, Inc. and Banks Land Company to fill a 2,916
square foot man-made ditch and 361 square feet of Section 404 wetlands, install
100 linear feet of retaining wall, 39 linear feet of wooden bulkhead and 90 linear
feet of shoreline rip rap, and construct a 160 square foot concrete boat ramp, a
200 square foot wooden boat ramp approach, and a 12 foot by 20 foot pile
supported wooden boat house on property located on the south side of US 158,
adjacent to High Bridge Creek, Town of Kitty Hawk, Dare County.
DATE: February 14, 2005
Consistency Determination: The request is consistent with/not in conflict with the Town of
Kitty Hawk 1994 Land Use Plan (LUP) certified by the CRC on
July 28, 1995,
Overview: The 26,672 square foot site is located just east of the Wright Memorial Bridge,
adjacent to the intersection of US 158 and High Creek Bridge. The site elevation ranges
between 2 and 10 feet above the NWL (Normal Water Level). Two commercial structures
(Island Flags and Kitty Hawk Kayaks) and associated parking are currently located on the
property. An approximately 40 foot wide and 80 foot long man-made ditch is located on the site
behind Kitty Hawk Kayaks and connects to High Bridge Creek. A narrow deck is located along
the Kitty Hawk Kayaks building and extends approximately 15 feet along the north side of the
ditch. Water depths in the ditch range between the NWL and 1.5 feet below the NWL. There is
little or no vegetated area along the ditch shoreline or much of the upland area directly to the
east of the ditch. A concrete boat ramp is located near the east end of the ditch. A short portion
of the shoreline along the north side of the ditch is bulkheaded with remnant cinderblock. The
boat ramp and ditch are currently not usable for kayak/canoe launching. Not including the ditch,
the property includes about 165 feet of shoreline along High Bridge Creek. Approximately 361
square feet of Section 404 wetlands are located along the southern property line.
Filling of the man-made ditch and Section 404 wetlands, and construction of a retaining wall,
bulkhead and riprap shoreline stabilization, a boat ramp and ramp approach, and a boathouse
are proposed. These improvements are meant to enhance the existing kayak/canoe rental
location. No excavation of adjacent water bottom areas is proposed. A 30 foot wide vegetated
buffer will be planted and maintained along the adjacent upland shoreline along High Bridge
Creek.
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \ FAX: [phone]\ Internet: www.nccoastalmanagement.net
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North Carolina Department of Environment and Natural Resources MEMORANDUM
Division of Coastal Management Page 2
High Bridge Creek extends from Kitty Hawk Bay north to the site, and continues north where it is
know as Ginguite Creek. High Bridge Creek is approximately 50 feet in width at the vicinity of
the site and is approximately 4 to 5 feet deep at a distance of 12 feet off shore from the site.
The waters of High Bridge Creek are considered to be a tributary to the Albemarle Sound and
carry the same water classifications Coastal Waters, and Estuarine Waters and Public Trust
Waters AEC. A Coastal Shoreline AEC extends in a contour of 75 feet land ward of the NWL.
Ginguite Creek and waters tributary thereto are classified as an Inland PNA (Primary Nursery
Area). The waters are also designated as SB waters (suitable for fish propagation). Evidence
indicates that the ditch provides little if any coastal habitat.
Anticipated impacts resulting from this project are expected to include: the filling of 361 square
feet of Section 404 wetlands, 2,916 square feet of Public Trust/Estuarine Waters AEC, and
2,448 square feet of Upland/Estuarine Shoreline AEC; and the shading of 240 square feet of
Public Trust/Estuarine Shoreline AEC. This project will result in the loss of 2,916 square feet
of Estuarine Water bottom and Inland PNA. This project will also result in improved site access
for kayaks and canoes to utilize the connecting and adjacent Public Trust Waters of High Bridge
Creek.
Basis for Determination:
The site is designated as "Transition" on the Town of Kitty Hawk Land Classification Map. The
site is located within Areas of Environmental Concern (AECs). Additional text discussion on
page 80 recognizes that all areas within AECs also qualify for the "Conservation" classification.
The following are LUP policies that may be applicable to this request.
Areas of Environmental Concern: Policy, page 37.
"The Town supports the guidelines of the Coastal Area Management Act and the
associated policies of the Coastal Resources Commission but reserves the right to
review and oppose sections of the CAMA or its implementation that may be deemed
contrary to the Town's land use policies and development preferences."
Hazardous or Fragile Areas: Policy, page 38.
"The Town supports the CAMA regulations as applicable and also the US Army
Corps of Engineers in its enforcement of regulations pertaining to `404 Wetlands'
with the exception of the Corps' allowance of mitigation measures to be undertaken
on sites outside the Town when filling is allowed within the Town. It also supports
public and private efforts to preserve and protect the maritime forest."
Estuarine Bulkhead Installation: Policy, page 43.
"The Town supports the construction of properly permitted estuarine bulkheads."
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \ FAX: [phone]\ Internet: www.nccoastalmanagement.net
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North Carolina Department of Environment and Natural Resources MEMORANDUM
Division of Coastal Management Page 3
Commercial and Recreational Fisheries, Shellfishing Waters; and, Nursery and Habitat Areas:
Policy, page 45.
"The Town supports the protection of commercial and recreational fisheries,
shellfishing waters, nurseries, and habitat areas and does not support dredging
activities, except for CAMA permitted maintenance dredging activities—in Primary
Nursery Areas and areas of Submerged Aquatic Vegetation."
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
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( OWN.
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PHONE [phone]
POST OFFICE Box 549 FAx [phone]
101 VETERANS MEMORIAL DRIVE ] WWW.TOWNOFKITTYHAWK.ORG
KITTY HAWK, NC 27949 E-MAIL: [e-mail]
7!�//L C
jo-fix>7.>903
�irTY
Code Enforcement/CAMA Office
February 11, 2005
Doug Hugget
Major Permits Processing Coordinator
Hestron Plaza II, 151-B Hwy. 24
Morehead City,NC 28557
RE: CAMA/DREDGE & FILL Permit Application Review for 6146 N. Croatan Hwy.
Dear Mr. Hugget,
Town Staff has reviewed the proposed project located at 6146 N. Croatan Hwy
adjacent to US 158 and High Bridge Creek. We have no objections to the permit,however
we do have concerns concerning local ordinances. We want to ensure that once the Major
Permit is issued that the property owner follows all applicable Town Ordinances. I know
that this will be one of the conditions listed on the permit,but the following items are what
will be required by the local ordinances concerning this project.
1. Land Disturbance Permit
2. Updated Site Plan showing development and future parking areas and any further non-
CAMA regulated development.
3. Soil and Erosion Plans and Storm Water Retention areas if applicable.
Sincerely,
Stephen Smith
CEO/CAMA LPO
Town of Kitty Hawk

NCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor Division of Marine Fisheries Preston P. Pate Jr., Director
William G. Ross Jr., Secretary
MEMORANDUM:
TO: Doug Huggett, DCM Major Permit Processing Coordinator
THROUGH: Mike Street, Chief Habitat Section
FROM: Sara E. Winslow, Northern District Manager,
SUBJECT: KHG, Inc. and Banks Land Company
DATE: February 9, 2005
The North Carolina Division of Marine Fisheries submits the following comments pursuant to
General Statute 113-131.
High Bridge Creek connects to Jean Guite Creek a designated Inland Primary Nursery Area.
The man-made basin area due to siltation is primarily "dry". This agency approves of this project
provided the bulkhead is constructed across the basin prior to any fill being placed in the basin.
1367 U.S. 17 South, Elizabeth City, North Carolina 27909 NorthC�uolina
Phone: [phone] FAX: [phone] Internet: www.ncdmf.net orth lYl��f
.r J.a 1,may, 1'_, ,,11. p,.,o.

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
February 1, 2005 !
MEMORANDUM: r -o i A L,Uu3
I. .
is
TO: Joe Henderson "`-''F�y�If'`t� Uity L)c FEB - >
NC Department of Administration
FROM: Doug Huggett POA STATE
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: KHG, Inc. and Banks Land Company
Project Location: 6146 N. Croatan Hwy., Adjacent to US 158 &High Bridge Creek, Kitty Hawk
Proposed Project: Fill basin & wetlands, install bulkhead & riprap, relocate boat ramp,
construct boathouse
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by February 22, 2005, to Hestron Plaza II, 151-B Hwy 24, Morehead City, NC 28557.
If you have any questions regarding the proposed project, please contact Ted Sampson at (252)
264-3901. When appropriate, in-depth comments with supporting data are requested.
REPLY: This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the project only if the recommended changes are
incorporated. See attached.
This office objects to the project for reasons described in the attached
comments.
SIGNED WWATE
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: �5"2-264-39011 FAX: [phone] Internet: www.nccoastaimanagement.net
An Equal Opportunity 1 Affirmative Action Employer—30%Recycled by Fiber Weight

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
February 1, 2005
MEMORANDUM:
TO: Mr. William A. McNeil, Director
Division of Community Assistance
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: KHG, Inc. and Banks Land Company
Project Location: 6146 N. Croatan Hwy., Adjacent to US 158 & High Bridge Creek, Kitty Hawk
Proposed Project: Fill basin & wetlands, install bulkhead & riprap, relocate boat ramp,
construct boathouse
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by February 22, 2005, to Hestron Plaza II, 151-B Hwy 24, Morehead City, NC 28557.
If you have any questions regarding the proposed project, please contact Ted Sampson at (252)
264-3901. When appropriate, in-depth comments with supporting data are requested.
REPLY: This agency has no objection to the project as proposed.
(,---his agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
SIGNED ��L"L-- DATE
1367 U.S. 17 South, Elizabeth City,North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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' '�► FEB 2 1 2005
FEB NCDENRMorehead Cityp
No h Carolina Department of Environment and Natural ResourcesCM
SHELLFISH
Division of Coastal Management
Michael F.Easley, Governor Charles S. Jones, Director William G.Ross Jr.,Secretary
February 1, 2005
MEMORANDUM:
�J FEB - 7 2005
TO: Patty Fowler I [ I
NC DENR - Div. Of Environmental Health r,,Ef! DISH SANITATION
F
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: KHG, Inc. and Banks Land Company
Project Location: 6146 N. Croatan Hwy., Adjacent to US 158 &High Bridge Creek, Kitty Hawk
Proposed Project: Fill basin & wetlands, install bulkhead & riprap, relocate boat ramp,
construct boathouse
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by February 22, 2005, to Hestron Plaza II, 151-B Hwy 24, Morehead City, NC 28557.
If you have any questions regarding the proposed project, please contact Ted Sampson at (252)
264-3901. When appropriate, in-depth comments with supporting data are requested.
REPLY: This office has no objection to the project as proposed.
�L 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/� f-ti� �,�,��-� /av�/ 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

• 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
February 1, 2005
7�
MEMORANDUM:
FEB 2 4 2005
TO: Stephen Smith, Local Permit Officer
Town of Kitty Hawk Morehead City
FROM: Doug Huggett ti c
Major Permits Processing Coordinator '
SUBJECT: CAMA/DREDGE & FILL Permit Application Review ^,
r k
Applicant: KHG, Inc. and Banks Land Company
Project Location: 6146 N. Croatan Hwy., Adjacent to US 158 &High Bridge Creek, Kitty Hawk
Proposed Project: Fill basin & wetlands, install bulkhead & riprap, relocate boat ramp,
construct boathouse
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by February 22, 2005, to Hestron Plaza II, 151-B Hwy 24, Morehead City, NC 28557.
If you have any questions regarding the proposed project, please contact Ted Sampson at (252)
264-3901. When appropriate, in-depth comments with supporting data are requested.
REPLY: Le"" 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 /�a�t2j DATE
south, Elizabeth City, North Caro ina Zluuu
Phone: [phone] FAX: [phone] Internet: www.nccoastaimanagement.net
An Equal Opportunity 1 Affirmative Action Employer—30%Recycled by Fiber Weight

a
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W P. _
i
f
RCDENR Mu. -1e , ity DUM
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Directtor William G. Ross Jr.,Secretary
February 1, 2005 4�L. � ,fljb
MEMORANDUM: FEB 2005 y ,G
TO: Renee Gledhill-Early
iw rcRc°RES-MVkTt'3N OFFICE A LO
/(g
NC Department of Cultural Resources
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review CQ
U r
Applicant: KHG, Inc. and Banks Land Company
Project Location: 6146 N. Croatan Hwy., Adjacent to US 158 &High Bridge Creek, Kitty Hawk
Proposed Project: Fill basin & wetlands, install bulkhead & riprap, relocate boat ramp,
construct boathouse
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by February 22, 2005, to Hestron Plaza II, 151-B Hwy 24, Morehead City, NC 28557.
If you have any questions regarding the proposed project, please contact Ted Sampson at (252)
264-3901. When appropriate, in-depth comments with supporting data are requested.
REPLY: This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the project only if the recommended changes are
0ECEIVED incorporated. See attached.
FEB 1 g ,p�
This office objects to the project for reasons described in the attached
comments.
""ISIGNED DATE
1367 U.S. 17 South, Eliza a City,North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—30%Recycled by Fiber Weight f t8 0 4 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
February 1, 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: KHG, Inc. and Banks Land Company
Project Location: 6146 N. Croatan Hwy., Adjacent to US 158 &High Bridge Creek, Kitty Hawk
Proposed Project: Fill basin & wetlands, install bulkhead & riprap, relocate boat ramp,
construct boathouse
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by February 22, 2005, to Hestron Plaza II, 151-B Hwy 24, Morehead City, NC 28557.
If you have any questions regarding the proposed project, please contact Ted Sampson at (252)
264-3901. When appropriate, in-depth comments with supporting data are requested.
REPLY: This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the project only if the recommended changes are
incorporated. See attached.
This office objects to the project for reasons described in the attached
comments.
SIGNE DATE z—Lt —oS_
1367 U.S— 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

,r
E-2i� .V
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
February 1, 2005 73
MEMORANDUM:
TO: Mr. Jim Simons, Director FEe 4 S 2005
Division of Land Resources Morehead City pC
M
FROM: Doug Huggett
Major Permits Processing Coordinator
t SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: KHG, Inc. and Banks Land Company
1 Project Location: 6146 N. Croatan Hwy., Adjacent to US 158 &High Bridge Creek, Kitty Hawk
Proposed Project: Fill basin & wetlands, install bulkhead & riprap, relocate boat ramp,
construct boathouse
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by February 22, 2005, to Hestron Plaza II, 151-B Hwy 24, Morehead City, NC 28557.
If you have any questions regarding the proposed project, please contact Ted Sampson at (252)
264-3901. When appropriate, in-depth comments with supporting data are requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
SIGNED DATE Z
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

INA
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
February 1, 2005
MEMORANDUM: � -
TT
TO: Mr. Preston P. Pate, Jr., Director FTP
Division of Marine Fisheries FEB ' o
FROM: Doug Huggett ��F-I'IA
Major Permits Processing Coordinator BITAT
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: KHG, Inc. and Banks Land Company
Project Location: 6146 N. Croatan Hwy., Adjacent to US 158 &High Bridge Creek, Kitt Hawl�
Proposed Project: Fill basin & wetlands, install bulkhead & riprap, relocate boat ramp,
construct boathouse
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by February 22, 2005, to Hestron Plaza II, 151-B Hwy 24, Morehead City, NC 28557.
If you have any questions regarding the proposed project, please contact Ted Sampson at (252)
264-3901. When appropriate, in-depth comments with supporting data are requested.
REPLY: This agency has no objection to the project as proposed.
/This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
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
R

��- MAR 0 `.3 2005
RCDENR
North Carolina Department of Environment and Natural
Division Division of Coastal Management MosOr�Rad
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr.,Secretary
February 1, 2005
MEMORANDUM: D r 78y f
TO: Maria Tripp
NC Wildlife Resources Commission m A �
�;mot.
FROM: Doug HuggettCoose �
Major Permits Processing Coordinator s�'6�f ptox
�ZzlZO b
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: KHG,Inc. and Banks Land Company
Project Location: 6146 N. Croatan Hwy., Adjacent to US 158 &High Bridge Creek, Kitty Hawk
Proposed Project: Fill basin & wetlands, install bulkhead & riprap, relocate boat ramp,
construct boathouse
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by February 22, 2005, to Hestron Plaza II, 151-B Hwy 24, Morehead City, NC 28557.
If you have any questions regarding the proposed project, please contact Ted Sampson at (252)
264-3901. When appropriate, in-depth comments with supporting data are requested.
REPLY: This office has no objection to the project as proposed.
This office has no comment on the proposed project.
X 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 I-Pl� DATE
1367 U.S. 17 South, Elizabeth City, North Carolina 2790
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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C
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
February 1, 2005 C V ( 71
MEMORANDUM:
TA; Q �— 4- /V 2y c��-f z;-"-
TO: Ken Pace M
NC DOT, State Construction/Materials Branch
EV
FROM: Doug Huggett APR 1 1 2005
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Revi DISTRICT 10 FFI C E
Applicant: KHG, Inc. and Banks Land Company
Project Location: 6146 N. Croatan Hwy., Adjacent to US 158 &High Bridge Creek, Kitty Hawk
Proposed Project: Fill basin & wetlands, install bulkhead & riprap, relocate boat ramp,
construct boathouse
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by February 22, 2005, to Hestron Plaza II, 151-B Hwy 24, Morehead City, NC 28557.
If you have any questions regarding the proposed project, please contact Ted Sampson at (252)
264-3901. When appropriate, in-depth comments with supporting data are requested.
REPLY: This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the project only if the recommended changes are
incorporated. See attached.
This office objects to the project for reasons described in the attached
comments.
SIGNED. DATE ¢1�3100
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

�i
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, Major Permits Coordinator -
THROUGH: Ted Sampson, District Manager FEB 0 2 2 05
FROM: Dennis W. Hawthorn, Field Representative ,
Murehead City
DATE: January 31, 2005
SUBJECT: Islander Flags, Dare County, CAMA Major Permit Recommendations
This project involves the filling of a man-made basin, bulkhead and rip-rap shoreline stabilization
and the construction of a small dock / boathouse structure. The proposed work also includes the
relocation of an existing boat ramp. This work is adjacent to Estuarine Waters that connect to
Kitty Hawk Bay and the Albemarle Sound. These improvements are proposed to enhance an
existing kayak / canoe rental location.
This project will result in the following impacts
• The loss of 361 square feet of freshwater / USACOE jurisdictional wetland area.
• The loss of 2,996 square feet of Estuarine Water bottom, and Inland PNA.
• The shading of 240 square feet of Estuarine Waters and Public Trust Area.
• A net decrease of 120 square feet of impervious area within the Estuarine Shoreline and the
Coastal Shoreline Buffer Areas of the Albemarle Sound.
• An improved site access for kayaks and canoe to utilize the connecting and adjacent Public
Trust Waters of High Bridge Creek.
• No loss of Coastal Wetlands.
• The installation and maintenance of a 30-foot wide vegetative buffer along High Bridge
Creek.
In reviewing the rules and statutes that concern the proposed development, the N.C.
Administrative Code, Title 15A, Section 7H .0207 states that the proposed structures identified
in the application are considered water dependent structures, and their uses have been found to
be acceptable within Public Trust Areas. These structures have also been found to be consistent
with the Division's Coastal Shoreline buffer rules, 7H .0209 (d)(10)(A).
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

Doug Huggett
Islander Flags, Dare County
CAMA Major Permit Recommendations
January 31, 2005
Page 2
However, 7H .0208(a)(2), requires that prior to permit issuance, the proposed development must
be located such that impacts to coastal resources are minimized, and that no other suitable site(s)
that would minimize impacts to coastal resources is available. Although this project will result in
the loss of 2,996 square feet of Estuarine Water bottom, and Inland PNA, this proposed fill will be
in a man-made basin created from an upland area. In evaluating the value of the existing basin
water bottom it was found that the basin depth is shallow and currently not useable. In addition,
the existing boat ramp is not useable and evidence indicates that the basin area provides little if
any, coastal habitat. In fact, the property owners actually refer to the basin as a ditch. No finfish
or crustaceans were observed during any site visits and the permit applicant has provided photos
showing the less than desirable current aquatic state of the basin.
The proposed freshwater wetland fill will provide area for a stormwater retention structure so the
applicants can add parking area. These items (stormwater and parking structures)are not currently
being proposed under this application. Only the 361 square feet of freshwater wetland fill is
proposed at this time. So long as the applicants receive authorization from the N.C. Division of
Water Quality and the USACOE for the currently proposed fill activity, this development is
consistent with the Coastal Area Management Program. If and when the construction of these are
proposed, they would be located landward of the 30-foot Coastal Shoreline Buffer.
This project will result in an enhancement for better access by low impact public trust use by
kayak and canoe to enjoy the connecting and adjacent Public Trust Waters of High Bridge Creek.
I have no objections to the proposed development as long as the following items or concerns are
included in the subsequent CAMA Major Permit:
1] Prior to the start of construction, the Permittee shall schedule and coordinate a pre-
construction meeting with DCM staff. The approved boathouse, boat ramp, bulkhead and
rip-rap structure alignments shall be staked within 30 days prior to the start of construction
of these items. These alignments and/or positions shall be consistent with the locations
indicated on the application plats dated 07-15-04 and revised 09-28-04.

k
Doug Huggett
Islander Flags, Dare County
CAMA Major Permit Recommendations
January 31, 2005
Page 3
2] No work, structures, excavation or fill materials will be placed at the work site or
in any waters or wetlands, other than that work indicated in this memorandum,
referenced in Condition 1 above.
3] The boathouse structure shall be positioned consistent with the above Condition 1
and shall not interfere with any navigation of High Bridge Creek. The structure
shall not extend beyond one-fourth of the width of High Bridge Creek, as
measured after the installation of the approved shoreline stabilization structures at
NWL.
4] Prior to the filling of any vegetated wetlands on-site, the permittee shall have
obtained written authorization from both the U. S. Army Corps of Engineers
(USACOE) and the N. C. Division of Water Quality (and/or The N.C. Eco-
Enhancement Program) for the fill associated with this permit.
NOTE: Any future development on the permittee's property, other than that work
authorized in this permit, will require modification of this permit or the
issuance of a separate CAMA Permit.
cc: Raleigh Bland, USACOE

MAJOR PERMIT FEE MATRIX
Applicant: '6ANiK.s C-ANO C�MP�tti'Y� -E- s�� Na�� FcAGI
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
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% ($24Q) _ 40% ($160)
3301 (see attached) could
be applied, but DCM staff
determined that additional ;.
review and written DWQ FEB 2Q05
concurrence is needed
because of concerns ��++
related to water quality or Morehe City DCM
aquatic life:
III(D). If General Water
Quality Certification No. $400 60% ($240) 40% ($160)
3301 (see attached) cannot
be a lied:
IV. For development that
involves the filling and/or $475 60% ($285) 40% ($190)
excavation of more than
one acre of wetlands and/or
open water areas:

THE BALY GROUP 5079
PC BOX 432
K,NC 27949 66-152/531
KITTY HAW BRANCH 88135
m4
DATE
h
$
FAI To THE
OR,
DEROF
DOLLARS
lFf-0
R(H-0M A
Wachovis BankO
m SoutheShoms, C27949
CA14A 04toa
POR
1:053 10 IS 291: 442.9 0003 so
A
...... . .......
...... ....... ......
. ...... .......
t 5008
THE BALY GROUP
P,0 Box 432 66-21/530
Kitty Hawk,NC 27949 BRANCH 25001
L)Alt
$
PAY TO THE
DOLLARS
WACHOVIAL
Wachavia Bank,N.A.
wachovia,com
FOR
i:0 S 3000 2 11 11: 2044 2 9000 3 So q11, SoD[j
H

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 Coastland Times
Manteo, NC 27954
FROM: Yvonne Carver��
Administrative Assistant
DATE: February 1, 2005
SUBJECT: Public Notice — KHG, Inc. and Banks Land Company
Please publish the attached Notice in the Thursday, February 1, 2005 issue of The
Coastland Times.
The State Office of Budget and Management requires an original Affidavit of Publication
prior to payment for newspaper advertising. Please send the affidavit, an original
copy of the published notice, and an original invoice to 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 `
41
cc: Doug Huggett, Major Permits Coordinator, DCM
File FEB 0 2 2005
Morchead City DCM
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

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 January 31,
2005. According to said application, KHG, Inc. and Banks Land Company's project
involves filling of a man-made basin and area of wetlands, installation of bulkhead and
riprap, relocation of a boat ramp, and construction of a boat house located at 6146 N.
Croatan Highway in Kitty Hawk, Dare County.
A copy of the entire application may be examined or copied at the office of Ted
Sampson, District Manager 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,
Hestron Plaza II, 151-13 Hwy 24, Morehead City, NC 28557, prior to February 21, 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: Thursday, February,J, 2005

A70�1�,Aqr
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
February 1 , 2005
Mr. Brian Rubino
Quible & Associates, PC R v
P.O. Drawer 870 V FEB 0 2 2005
Kitty Hawk, NC 27949
Dear Mr. Rubino: Morehead City DCM
The Division of Coastal Management hereby acknowledges receipt of the application for KHG,
Inc. and Banks Land Company submitted for State approval for development of property
located at 6146 N. Croatan Highway in Kitty Hawk, Dare County. It was received complete on
January 31, 2005, and appears to be adequate for processing at this time. The projected
deadline for making a decision is April 16, 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

Brian Rubino
February 1 , 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 Ted Sampson if you
have any questions, and notify us in writing if you wish to receive a copy of the field report
and/or comments from reviewing agencies.
Sincerely,
<onne B. Carver
Coastal Management Representative
Enclosure
cc: Doug Huggett, Major Permits Coordinator, DCM, Raleigh, NC
Ted Sampson, District Manager, DCM, Elizabeth City, NC
KHG, Inc., Duck, NC

rNo i
3 (go$, 19A
i J
t:rAMA P MIT
APPLIE FOR
PROJECT: �l (-L! /-� G- a -(-� A mA4 - rnRV 3 �S rJ IqN n 3w+ AC
<S P Iq A 14 T'iE- A K 6-4 d (-:- c%s A c o t t,3 E-r L y4 N H S nl S r ►� c. L
a�L K F t t'AP so, ry 'D (� A P R >4 P tR S A T77 O•,( a � E-X ,.r r i pj Cr
T it ]— 'To ff /G 14 B R I D C _ C IZ 0�-Y c 5 T kLkc
L•� eO v ►9 - a t•.S i f a '5 I_N S Z:7.D /n! C o ►J 37 vA N c T! O Al A.A i T't-h
EX ISTiNq KAYAK CAKl Q IQ ENT"AL t. 1-7 14.
COMMENTS ACCEPTED THROUGH
APPLICANT- FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
14 G �J C . :2 S Z- 2 G ! - L{S z Q �:) e y i s i N o C C a A.T V j I-,
B NKS CrAn1D Ga, G 13r. 7 S. 17 sau-r
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b . 1'3v S37 ? CrLtZ.h '(3E7-64 ITY r`1 'T � O�
.2- 2 5 Z - 2 c4 4

Quible t
Quible &Associates, P.C.
P.O.Drawer 870
Kitty Hawk NC 27949
ENGINEERING•ENVIRONMENTAL SCIENCES•PLANNING•SURVEYING ¢ -, r'' �L, Phone:252-261-M
SINCE 1959 �^+' ,L? I Fax:[phone]
PRINCIPALS
Sean C.Boyle,P.E.
July 26,2004 Joseph S.Lassiter,C.E.P.
JUL Eduardo J.ValdMeso,P.E.
State of North Carolina +:CaA 4�:. "." h] ASSOCIATES
Joseph J.Anlout P.E.
4705 University Drive#290 '"I Katherine C.Morchello,RLS.
David S.Neff
Durham,NC 27707
RE: Major CAMA Permitting,Islander Flags Property(Attn:Alex Lefevre)
Kitty Hawk,Dare County,North Carolina
Sir/Madam:
As adjacent riparian property owner to the above referenced property,you are required by NCDENR,Division of
Coastal Management(DCM)to be notified of the proposed development within the Area of Environmental Concem
(AEC)that requires Major Coastal Area Management Act(CAMA)Permitting. The property is located on High
Bridge Creek in Kitty Hawk. On the opposite side of US 158,this creek is better known as Guinguite Creek. As
depicted on the accompanying site plan,proposed work that requires Major CAMA permitting is backfilling of a
man-made ditch on the property,filling of 259 sq.ft.of Section 404 wetlands,shoreline stabilization and
construction of a boat house.
Should you have no objections to the proposed work,please check the statement below,sign and date the blanks
below the statement and return one copy of this letter to:Brian Rubino,Quible&Associates P.C.,PO Drawer 870,
Kitty Hawk,NC 27949 as soon as possible. Keep the second copy for your files.
Should you have objections to this proposal,please send your written comments to NC Division of Coastal
Management,Attn:Mr.Ed Harrell, 1367 US 17 South,Elizabeth City,NC 27909. Written comments must be
received within 30 days of receipt of this notice.
objection.
Failure to respond in either method within 30 days will be interpreted as no
J': 1
Sincerely,
F N 8 0 2 2005 /
Quible and Associates,P.C.
Morehead City D C,rv?
Brian Rubino
COMPLETE
I have no objection to the prof ■ Complete items 1,2,and 3.Also complete A. gnature
in General Statute 113-229. Item 4 if Restricted Delivery is desired. ❑Agent
■ Print your name and address on the reverse ❑AOdressee
so that we can return the card to you. B. Received by(Printed Name) C. DateAti;)SIllery
I have objections to the projet ■'Attach this card to the back of the mailplece,
or on the front if space permits.
1. Article Addressed to:
D. Is delivery address dIfferenMorn item 1? b Yes
cs� UOCA �`M If YES,enter delivery address below: ❑No
Signature L���� �lri�VL'fS pr• # Z'30
3. Service Type
Y�Certified Mail ❑Express Mail
�j Registered ❑Return Receipt for Merchandise
❑Insured Mail ❑C.O.D.
e ❑Yes
2. Artic
(rrai
PS Foi 102595.02-M-1540

Quible
Quible &Associates, P.C. P.O.Drawer 870
ENGINEERING•ENVIRONMENTAL SCIENCES•PLANNING•SURVEYING ICHty Hawk NC 27949
_ Phone:[phone]
SINCE 1959 - Fox:252-261-1260
PRINCIPALS
U 4 Sean C.Boyle,P.E.
11 L Joseph S.Lassiter,C.E.P.
July26,2004 rQAS1ALtr,1,r'�,'"•d:,,r ?;�-;,,.;..
Eduardo J.Voldivleso,P.E.
I'ta'M-I r ? ASSOCIATES
Joseph J.Aniaut P.E.
NC Department of Transportation Katherine C.Marchello,P.L.S.
1 ,-David S.Neff
1929 N.Broad Street
Elizabeth City,NC 27909
RE: Major CAMA Permitting,Islander Flags Property 0 C` L' 4
g p rty(Attu:Alex Lefevre)
Kitty Hawk,Dare County,North Carolina w
Sir/Madam:
As adjacent riparian property owner to the above referenced property,you are required by NCDENR,Division of
Coastal Management(DCM)to be notified of the proposed development within the Area of Environmental Concern
(AEC)that requires Major Coastal Area Management Act(CAMA)Permitting. The property is located on High
Bridge Creek in Kitty Hawk. On the opposite side of US 158,this creek is better known as Guinguite Creek. As
depicted on the accompanying site plan,proposed work that requires Major CAMA permitting is backfilling of a
man-made ditch on the property,filling of 259 sq.ft.of Section 404 wetlands, shoreline stabilization and
construction of a boat house.
Should you have no objections to the proposed work,please check the statement below,sign and date the blanks
below the statement and return one copy of this letter to:Brian Rubino,Quible&Associates P.C.,PO Drawer 870,
Kitty Hawk,NC 27949 as soon as possible. Keep the second copy for your files.
Should you have objections to this proposal,please send your written comments to NC Division of Coastal
Management,Attn:Mr.Ed Harrell, 1367 US 17 South,Elizabeth City,NC 27909. Written comments must be
received within 30 days of receipt of this notice.
Failure to respond in either method within 30 days will be interpreted as no objection.
Sincerely,
Quible and Associates,P.C.
Brian Rubino •ER: COMPLETE THIS SECTIONDELIVERY
■ Complete items 1,2,and 3.Also complete A• ignature
item 4 if Restricted Delivery is desired. 0 Agent
I have no objection to the pro ■ Print your name and address on the reverse X ❑Addressee
in General Statute 113-229. so that we can return the card to you. B. Received by(Printed Name) C. Date of Delive
■ Attach this card to the back of the maiipiece,
or on the front if space permits.
I have objections to the projec D. Is delivery address different from item 1? ❑Yes
1. Article Addressed to: If YES,enter delivery address below: ❑ No
Signature 1�l Z� � (,`� -
3. Service Type
Certified Mall ❑ Express Mail
❑Registered ❑Return Receipt for Merchandise
❑ Insured Mail ❑C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number
(Transfer from service label, 7003 2260 0004 0 212 1747
PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540

,VV.,aroma V L IY „V9JJ 1.V VG/VV�
•5.
— STATE of
r _ N .
R S 9 2 PC 0 0 8
QaTN ` Rea!FStatr` cIa 9
--
CA
OCT ia'BB 22 5. 0 0 —
t
FILED
l : 188 OF 10 PTI 2 58 }C..
PPRDVED _ DCIRl.... .,. FRY
N
ARE 000j1i TAX ��N _ RE4laT;; r DEEDS
COLLECTOR
TY
DkP-- G!WITY. N.O.
�V
No.
10tOtee Tax.1125.00
Recording Time,Apgk and Pale
Tax Lot No. ......... ............ Parcel Identifier Nt.. ............
...............
..........
stifled b .. .y ....................................... .. .... ............. County on the . ........ ., day of ....... ......
Mail after recording to —JP.hn...A.,•...Msyn.ey., Attorney et, i.aw
�. .r.....Aoz..?.5.49,....Ki11 Jlevil Hills NC 2794E
............................. ......................... .
This Instrument was prepared by....J,r, kobr t r Wills ,•A.tto,rlrgy...at•,Law
.Brief description for the Indrx"
12 I3 14 1 16- t taxh
NORTH C'AROLINA GENERA I, WARRANTY DEED
THIS DhED made this . 1.17th, day of ....$.ePtmb.er _ Ip 88„ by and between
GRANTOR G.RANTi:E
GHARLES H. LUEDEMANN and wife, K. H. G., Inc,
L..)OROTIIY S. LUEDFMANN A North Carolina Corp
oration
c/o Neil Bl.inken
P.O. Box 476 `
Nags Head, NC 27959
�7 FEB 0 2 2005
Lister In appropriale Week fur eaoh party: news,address, slid,If elrpropriate, character of entity,e.q. eorporation ur partn�sip. rehead City
DCM
The designation Grantor and Grantee as used herein shall include said parties, their heirs, succeasurs,and Assigns, and
shall include singular, plural, masculine, ferninirl,•, or neuter as required by context.
WITNESSETH, that the GranUm, for a valuable u,nsidergtton paid by the Grantee, the receipt of which la hereby
acknowl«dged, has and by these preuenti< does grant, bargain, soli and convey unto the Gr.aritee In fee simple, all that
certain lot or pArcci of land altuated in the City of KiL•ty Hawk Atlantis ToK•nehlp,
...... .....
-.. ...•t).are... .,.. ..County.North Carolina and inore particularly described as follows:
Lots Number 12, 13. 14. 15, and 16, Block 64, Section B. Kitty Hawk
Beach, as shown on a map recorded in Map Hook 1, Page 140, Public
tegistry of. Dare County, North Carolina.
This deed is made subject to the casement of right of way
granted
Right-of-Way Agreement from Kitty Hawk Marina, Inc. to theState tIbghway
Commission, the State of North Carolina, dated November 9, 1965, and
recorded in Book 132, Page 27, Dare County Registry, granting an easement
of right of way over, upon and across that portion of the lands above
described lying within the right of way of U.S. Highway 158 leading from
the Currituck Sound Bridge to the Dare Beaches.

9 2 Fc 0
The property fiereinabove described was Krquired by Grantor by instrument reenrded in AqPk g.g.p .4%1.7
Daxr(' C.q.pp'u ...................... ................................ ........ .................... .. ..._ . ..........
A map showing the above described property Is recorded In Plat i400k I.. .................. pare
TO HAVE AND TO BOLD the aforesaid lot or parcel of land and All jorfrileges
the Grantee in fee simple.'
, and APPUrtflllhacca thereto helonjring to
And the Crantor roveriants with the ri-mritisn, that Crantor is seized of the prennisett in fee Airnple,has the ri4ht to convey
the same in fee ginipip,that title is inuirkeLable. and free and elPal'Of 01 encurnbranves,anti that Grantor will warrant anti
defend the titl�.Against the lawful claims Of all 1)ereonA whum*ocvcr aTrept for ifisi exceptions hereinafter staimd.
Tit)u to thp property hp.reinxbove desurluri is "object to the folInwing wxreptionfit
Ea.r.metiti; iind rn-Q L ri n t-ioll 5 appearing of record J,n the Dore County Reg,ir t ry
198H Ad Valorem Taxna.
IN w1r?4F.Rs witrIty,". tn. 41141t., ft., IN......9. w. hie hand and.#." of at han da'—d Mg.tnWument to a% ingmed In NO
earp—telft—UY it.attly."thorit.4 or 01'.1 its q.1 w b,h.—ni.azfi.t��111,11,vt.1 Wed. In 150 Ut...t-t..tn-dAy and Teat flufl
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N*XTn Cd,nof.[VA,
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N(dari, P"ItAt nr thr county and Sate arnrts.jja.tfptglry that Q-11ar 1,P_S.3 Lwadem.Lan------
­n -------- ....... ........ .........
yrnnna
it,."­'.d .......1.thia day ad Csta—lodited theI it alit',f.v.gM.N WLL..--for
U
hAlid"a orriciai,tp,qp of ep,Lhj4... day.9 ------ ta17
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L.'y Pulut
MIXTIL CAKoq,jjqA. ....... ...... ------- --------CoUlAty.
1.. Notary rustic Of ft%* Cuonty and State glarr.2114. ­14(y that -------_-------
%-tn'-ma this day—4 ckm­5fd&.d fKAL at IS... .......... ...... ...
------ ----- - ------ ------ ­.- ---—---- •N—a C"uJiRA—FOration,;tmd that 1,V—U—Ity duty
KIV.tk—d at the ­t W th.­rVocatium. tn. Cu,.1na.it aslrammlt.....14.ta 1a it.ns bis by lu_______________
prnAdant,"at"'"'th'"1OtPOI-11 OW and 4t[O.11-d by ........... as its._.
X.-Pt'.ty.
WIL—U my hPOG and uffictsi stamp at­4 Mth..__day of ... ....... ...It
---- ------ --------------- ------- ------ ........ ...... Notary
Me
Watt ..linpi).b4 Tki.1-t —un-'m a'.duly?t,j,tr.rrd at in,6ptq and ft
'1'.t Pad 1h,H-1, pass an the
- --- - ------ ------ -TtZGIHTMlt ur nitsum r -- ------- ---CDFIPCTY
my ..... ....... ----- ---- ------- ------- -------'"Putyls-103al-RIJUW9 of Derds
nuns

i
t
L .
S
(a) Preparation of Mortgage, Deed of Trust or other applicable fin#.ncing instruments
for Purchaser;
(b) Recording fees;and
(c) Title insurance examination and premium.
12. Conditions
A. The obligations of Purchaser under this Agreement are subject to the satisfaction
on or before the Closing of all conditions contained in this Agreement, including, without limitation, each
of the following:
(1) Seller shall have performed all of its covenants contained in this Agreement, and
all of Seller's representations and warranties contained in this Agreement shall be true and accurate in all
respects as of the date of Closing;
(2) Seller shall not enter into any agreements, leases, or other undertakings with
respect to the Property, or any part thereof;
(3) Seller shall not submit or file any applications in any way related to the zoning or
annexation of the Property or any applicable master plan or comprehensive plan other than those prepared
or approved by Purchaser in writing;
(4) From the date hereof until Closing, there shalt not have occurred any material
change to or deterioration of the title to or the physical condition of the Property,or any part thereof;
(5) There shall not be in effect or threatened any legal impediment whatsoever,
including any governmentally imposed moratorium, law, regulation, ordinance, ruling, rule, or order,that
could restrict, impede, or substantially delay Purchaser in the development of the Property;
(6) Seller shall broom clean the building on the property and remove any and all
trade fixtures.
(7) Purchaser shall have all necessary approvals or commitments for approvals from
any local, state or federal government agency necessary to develop the Property according to the site plan
submitted by the Purchaser for future development of the Property, said approvals including, but not
limited to, septic, site plan approval, and approval to fill and bulkhead the canal located on the Property.
Seller shall cooperate with Purchaser in attaining all of these approvals and shall identify Purchaser as a
person authorized to act as an agent of Seller for purposes of applying for a CAMA development permit'.
Excluding any permits needed for tap-on approval to the Ginguite Woods Water Reclamation Project. All
approvals to be completed within 140 Days from commencement of this contract.
(8) Seiler shall remove any underground storage tanks located on the Property, and
the Seller shall pay for the costs of removal and clean up of any underground storage tanks, said removal
and clean up subject to approval by Purchaser and to be done prior to closing. —Purchaser to fill
excavated area with fill material.
-4-

0
IN WITNESS WHEREOF,the parties have executed this Agreement as of the day and
year first above written.
SELLER: K,HG, INC.
By: j L lr1r ,fir
Its:
Date of Acceptance: / G
PURCHASER: Emily Yelton Ausband&
Alexander Reid LeFevre
Its:e J
Date of Offer: March 17th, 2004