188-05 Scott, J. Selby

Permit Class Permit Number
NEW 188-05
STATE, OF NORTH CAROLINA
p Department of Environment and Natural Resources
and
Coastal Resources Commission
G; tr t
COPY
for
X Major Development in an.Area of Environ
pursuant to NCGS 113A-11819
X Excavation and/or filling pursuant to NCGS 113-2Z9N 3 2006
Issued to J. Selby Scott, 919 Selby Road,Elizabeth City,NC 27909 Morehead City DCM
Authorizing development in Pasquotank County at min canal off Little River,adj. to 410 Land Dr.,
in the community of Nixonton Terrace, as requested in the permittee's application dated 8/11/05, including the
attached workplan drawings (3), dated 8/11/05
This permit, issued on December 21,2005 _ , is subject to compliance with the application(where consistent
with the permit), all applicable regulations,special conditions and notes set forth below.Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cauaellie permit to be null and void.
Excavation
1) In order to protect juvenile shrimp and finfish populations, no excavation or filling shall be permitted
between February 15 and September 30 of any year without the prior approval of the Division of
Coastal Management, in consultation with the Division of Marine Fisheries.
2) Excavation shall not exceed—3.5 feet below the normal water level.
3) The temporary placement or double handling of excavated materials within waters or vegetated
wetlands is not authorized.
(See attached sheet for Additional Conditions)
This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the
other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission.
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit must be accessible on-site to Department
personnel when the project is inspected for compliance.
�� Charl . Jones,Director
Any maintenance work or project modification not covered ""Division of Coastal Management
hereunder requires further Division approval.
All work must cease when the permit expires on This permit and its conditions are hereby accepted.
December 31,2008
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal 4
Management Program. Signature of Permittee

J. Selby Scott Permit#188-05
Page 2 of 2
ADDITIONAL CONDITIONS
f
4) v ial shall be placed at any time in any vegetated wetlands or surrounding waters.
5) No excavation shall take place outside of the area indicated on thc. attached workplan drawings.
Spoil Disposal
6) All excavated materials shall be confined above normal water level and landward of regularly or
irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of
solids into any marsh or surrounding waters.
7) No spoil material shall be placed within 30 feet of the normal water level.
8) The spoil area shall be inspected and approved by the Division of Coastal Management prior to the
initiation of the authorized excavation activities.
9) The disposal area shall be properly graded and provided a ground cover sufficient to restrain erosion
within 30 working days of project completion.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non-water
dependent activities are not authorized within 30 feet of the normal water level.
NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water
Quality Certification No. 3400 (DWQ Project No. 051663), which was issued on 9/19/05.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No.
198000291 (COE Action Id. No. 200511907), which was issued on 9/22/05.

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: J. Selby Scott (Nixonton Plug Removal)
2. LOCATION OF PROJECT SITE: End of Lane Dr. (SR 1210), Nixonton Community, Pasquotank
County, adjacent to manmade canal to Little River.
Photo Index - 2000: 163-1721 (G-14); 1995: 163-1678 (C-12) 1989: 122-13 (D-9)
1984: 118-830 (R-8) 1979: 130-1303 (0-10)
State Plane Coordinates - X: 2,806,731 Y: 899,187 GPS - B080313A
3. INVESTIGATION TYPE: CAMA, D&F
4. INVESTIGATIVE PROCEDURE: Date of Site Visit - 08/03/2005
Was Applicant Present - Yes, authorized agent, Chris Blake
5. PROCESSING PROCEDURE: Application Received Complete - 08/22/2005
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Pasquotank County
Land Classification From LUP - Conservation and Limited Transitional
(B) AEC(s) Involved - PTA, EW, and ES
(C) Water Dependent - Yes
(D) Intended Use - Public
(E) Wastewater Treatment: Existing - County
Planned - N/A
(F) Type of Structures: Existing - Canal is partially stabilized with wooden bulkheads,
rock riprap, shoreside docks, a flag pole, finger piers,
boathouse with lift, and a boat ramp.
Planned - Removal of partial earthen plug and maintenance dredging.
(G) Estimated Annual Rate of Erosion - 0.5 feet/year
Source - Applicant
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED
(A) Public Trust Area, Estuarine Waters 1,104 sq. ft.
(B) Uplands in Estuarine Shoreline AEC 280 sq. ft. 900 sq. ft.
(D) Total Area Disturbed - 2,284 sq. ft. (0.052 acres)
(E) Primary Nursery Area - No
(F) Water Classification - SC Open - No

J. Selby Scott (Nixonton Plug Removal)
Field Investigation Report
Page 2
8. PROJECT SUMMARY: The applicant proposes to excavate approximately 92.5 cubic yards from a
manmade canal to Little River, which includes removal of a partial earthen plug and its surrounding
waters on his property located in Nixonton Terrace off Lane Dr., Nixonton Community, Pasquotank
County.
PROJECT SETTING
The property is an approximate 2-acre manmade canal, in which the applicant owns the canal bottom
and approximately 4,500 sq. ft. of adjoining land that connects to Little River and terminates to a small
pond located off Lane Dr. (SR 1210), Nixonton Terrace Community, in Pasquotank County. The partial
earthen plug in the canal has an elevation of approximately 1 ft. above normal water level (NWL) and has
Roanoke silt loam soils. Vegetation on the earthen plug consists of indigenous weeds and grasses, while
the two other small tracts of land adjacent to the canal, away from the plug, and owned by the applicant
has lawn grasses, weeds, and a few native shrubs. These two small pieces of land are a strand plain
beach up to the road at the pond end of the canal and another piece in between the Blake's property and
NCDOT's cul-de-sac. The Blake's own the property adjacent to and west of the plug having indigenous
grasses, trees, and garden plants, while Mr. Godfrey owns the densely wooded 404 wetlands with
cypress, pine, and red maple trees adjacent to and east of the plug. The development site is located on the
eastern shoreline of Little River, south of Halls Creek and Nixonton and across the river from Deep
Creek. The width of the manmade canal at the point where the eroded plug is located in the wetlands is
approximately 30 feet. Existing structures in the canal include wood bulkheads and a boat ramp on both
sides of the plug, riprap and shoreside docks upstream from the plug, and finger piers and a boathouse
with a lift below the plug.
During the month of July, 2005, Dan and Faye Webb, who own a corner lot adjacent to the canal,
complained about the earthen plug being open and boats coming up into the canal. They wanted the plug
to be repaired for privacy. I determined Hurricane Isabel damaged the plug as well as other high-energy
storms, thus could not enforce repair of the plug. On July 12, Raleigh Bland, with the Army Corps of
Engineers, and Ted Sampson, with Division of Coastal Management, met onsite with members of the
community and determined that neither agency could enforce repair of the plug due to its damage from
natural forces of nature. Previously, Selby Scott Major Permit No. 9-82 and a 1971 Dredge and Fill
Permit No. 362 authorized the existing canal to be excavated with the construction of two earthen plugs,
one currently in good condition, and the other being the earthen plug currently proposed for removal.
There was considerable discussion among State and Federal Agencies regarding Major Permit No. 9-82
and the effects on water quality of connecting the already dug inland basins with Little River. A review
of the file indicates that, "As a part of this project and to alleviate possible water quality problems,
applicant proposes to construct earthen plugs adjacent the proposed basin blocking off existing canals
from navigation and water inflow from the Little River." However, when Major Permit No. 9-82 was
issued, the only reference to these plugs was in the first condition that they needed to be maintained until
24 hours after the farther inland excavation was completed. For some reason, Mr. Scott never removed
these plugs, despite having a CAMA Permit that would appear to have allowed their removal. In 1985,
Mr. Scott sought a modification to the original Permit to move the current plug farther inland at the
bottleneck point where it opens to the pond area. This permit modification request was denied by DCM

J. Selby Scott (Nixonton Plug Removal)
Field Investigation Report
Page 3
citing Water Quality concerns. Our records also show that in November of 1985 the NC Division of
Environmental Management denied a request from Mr. Scott for a 401 Water Quality Certification
pertaining to this modification. In August, 2005, the Blake's indicated the water would rise and fall at the
same rate on both sides of the plug when it was in good condition. Field investigation of the hardwood
swamp on the east side of the plug indicated water exchange from both sides of the plug has most likely
been occurring through the swamp during high wind tides and storm surges and when the plug was in
good condition.
In 1989, Mr. Scott received a Notice of Violation from DCM for removal of the plug. Mr. Scott
denied that he had taken any such action. The adjoining property owner, Mr. Blake, sent DCM a letter
explaining that Mr. Scott had nothing to do with the removal of the plug, that it had been the result of
severe weather after nutria had undermined the plug. Mr. Blake offered to rebuild the plug and to
maintain it in the future, and in fact filled the plug back in. Mr. Scott requested, under the Freedom of
Information Act, any evidence held by DCM that Mr. Scott had removed the plug. DCM responded that
they had no such evidence. The Notice of Violation file against Mr. Scott was closed, and no penalty was
assessed.
Adjacent property consists of several single-family dwellings along the canal with 404 wetlands
adjacent to most of the southern and eastern side of the canal. The 404 wetlands have experienced
considerable erosion from storm surge across from the Blake property at the bend in the canal to the north
and adjacent to the plug. The manmade canal has an irregular shoreline that is approximately 3,000 linear
feet.
The water depth of Little River is 7-ft and becomes shallower (3-5-ft.) near shore. The water depth of
the manmade canal is 5.5 to 6-ft from the mouth of the canal up to the bend to the north. The water depth
is 3.5-ft adjacent to eastern side of Blake's property, except immediately surrounding the partial earthen
plug, where water depth is 0.6-2-ft. The deepest pocket of the canal is at the southeast corner of the
Webb's property, in which water depth is 11-ft., 3-inches for approximately 300 square feet. The pond
portion of the manmade canal has water depths from 2.5-ft near shore to 5.5 to 7.5-ft. near the middle.
There was no observed presence of submerged aquatic vegetation or shellfish in the vicinity of the earthen
plug on August 3, 2005. Reviews of available information suggest that there are no known archeological
sites or geologic formations associated with the applicant's property. The waters of Little River in this
area are classified as SC by the Division of Environmental Management and are closed to shellfish
harvesting.
PROJECT DESCRIPTION
In order provide ease of navigation through the manmade canal, the applicant proposes to remove the
existing partial earthen plug and maintenance dredge immediately surrounding the plug. The entire
dredge area will be 23-ft. long by 48-ft. wide to a depth of 3.5-ft. The partial earthen plug is located
within this 1,104 sq. ft. area. The plug is triangular in shape with a 28-ft. wide base that extends 12-ft.
into the 30-ft. wide canal from the Blake's bulkhead. The earthen plug averages 1-ft. above NWL. Total
excavation of the earthen plug and surrounding waters will remove approximately 92.5 cubic yards of
upland and bottom material.

J. Selby Scott (Nixonton Plug Removal)
Field Investigation Report
Page 4
The existing depth immediately surrounding the plug is 1.5-ft on average. The average depth of
connecting waters in the manmade canal is 5.5 to 6-ft, with the exception of a deep pocket adjacent to the
northeast corner of the Webb's property, which is 11-ft., 3-inches deep for approximately 30 feet. The
manmade canal connects to Little River, which reaches a depth of 7 feet, after encountering a shallower
area of approximately 3 feet deep.
ANTICIPATED IMPACTS
The proposed excavation will result in the dredging of approximately 1,104 sq. ft. (82 cubic yards) of
Public Trust Area (PTA), Estuarine Waters (EW), and 280 sq. ft. (10.4 cubic yards) of PTA, Estuarine
Shoreline (ES) Area of Environmental Concern (AEC). Therefore, an approximate total of 92.5 cubic
yards will be removed from the canal in order to remove the partial earthen plug and bring the
surrounding waters to 3.5 ft deep. The dredge spoil will be placed on the Blake property outside the 30-
ft. AEC in a 900 sq. ft. area.
No wetlands will be disturbed from the dredging activity. Temporary water turbidity will occur
during excavation. If dredging occurs between February 15 and September 30 in any given year, a
siltation curtain will be placed across the canal south of the dredging and held in place for 72 hrs. post
excavation to prevent turbidity in Little River.
Submitted by: Kimberly A. Hedrick
Date: 08/25/2005

Form DCM-MP-1
PPLI TION ."
�� L }
(To be completed by all applicants)
b. City town, commu 'Mor landmar
1. APPLICANT
c. Street address or secondary road number
q�aa,►f 7b 5/1� _ Lq.u� L�tl. (Salaif)�
a. Landowner
Name d. Is proposed work within city limits or planning
jurisdiction? Yes ✓ No
Address �/ e. Name of body of water nearest project (e.g. river,
;
creek, sound, bay) /lc,l An,u�A r►�tia t �
City State Li �.�� � ✓��
Zip Day Phone_ 13 9 5,1101
Fax 3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
b. Authorized Agent:
Name 1 ��- /Z - i, a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
Address excavation and/or filling activities.*'-_ ,T
City &1"4 State C "AU VO
Zip -;,;? 7 '7'�'`/ Day Phone : ;2&y b. Is the proposed activity maintenance of an existing
project, new work, or both? A)4,o ,Aje1.,r
Fax .15'7-
c. Will the project be for public, private or commercial
_
c. Project name (if any) ,J� Ale
use? D"/i e..
d. Give a brief description of purpose,use, methods of
construction and daily operations of proposed
NOTE. Permit will be issued in name of landowner(s), and/or project. If more space is needed please attach
project name. additional pages. 594c a 7;ZJ i
2. LOCATION OF PROPOSED
PROJECT
a. County ic'a o .1 M

Form DCM-MP-1
m. Describe existing wastewater treatment facilities.
4. LAND AND WATERsr�
CHARACTERISTICS
a. Size of entire tract 6,6.. 5,�. F n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
b. Size of individual lot(s) wastewater, industrial/commercial effluent, "wash
down" and residential discharges.)
c. Approximate elevation of tract above MHW -or
NWL� .2 r/ --s /
d. Soil type(s) and textures of tract o. Describe existing drinking water supply source.
41
e. Vegetation on tract
f. Man-made features features now on tract 5. ADDITIONAL INFORMATION
g. What is the CAMA Land Use Plan land In addition to the completed application form, the
classification of the site. (Consult the local land use plan.) following items must be submitted:
✓ Conservation ✓ Transitional
Developed Community • A copy of the deed (with state application only) or
Rural Other other instrument under which the applicant claims title
to the affected properties. If the applicant is not
h. How is the tract zoned by local government? claiming to be the owner of said property, then
At / forward a copy of the deed or other instrument under
which the owner claims title, plus written permission
i. Is the proposed�oject consistent with the applicable from the owner to carry out the project.
zoning? ✓ Yes No
(Attach zoning compliance cerrifccate, if applicable) • An accurate, dated work plat (including plan view
and cross-sectional drawings) drawn to scale in black
j. Has a professional archaeological assessment been ink on an 8 1/2" by I white paper. (Refer to
done for the tract? Yes _�No Coastal Resources Commission Rule 7J.0203 for a
If yes, by whom? detailed description.)
k. Is the project located in a National Registered Please note that original drawings are preferred and
Historic District or does it involve a National only high quality copies will be accepted. Blue-line
Register listed or e�gibie property? prints or other larger plats are acceptable only if an
Yes + No adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of
I. Are there wetlands on the site? Yes �No Engineers regarding that agency's use of larger
Coastal (marsh) Other drawings.) A site or location map is a part of plat
If yes, has a delineation been conducted? requirements and it must be sufficiently detailed to
(leach documentation, if available) guide agency personnel unfamiliar with the area to the

Form DCM-MP-1 (�, ,is _ LI..
..- F.
site. Include highway or secondary road (SR) 6. CERTIFICATION AND PERMISSION
numbers, landmarks, and the like.
TO ENTER ON LAND
• A Stormwater Certification, if one is necessary.
• A list of the names and complete addresses of the I understand that any permit issued in response to this
ian landowners and application will allow only the development described in
adjacent waterfront (riparian) the application. The project will be subject to conditions
signed return receipts as proof that such owners and restrictions contained in the permit.
have received it copy of the application and plats
by certified mail. Such landowners must be advised I certify that to the best of my knowledge, the proposed
that they have 30 days in which to submit comments activity complies with the State of North Carolina's
on the proposed project to the Division of Coastal approved. Coastal Management Program and will be
Management. Upon signing this form, the applicant condurted in a manner consistent with such program.
further certifies that suc notice has been provided.
4 I certify that I am authorized to grant, and do in fact,
Name grant permission to representatives of state and federal
Address review agencies to enter on the aforementioned lands in
Phone — connection with evaluating information related to this
Name permit application and follow-up monitoring of the
Address '�f t project.
Phone `
I further certify that the information provided in this
Name PN 1C application is truthful to the best of my knowledge.
Address
Phone S
Sb �� �r-- This is the /day of l�y , W
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers, Print Name
permittee, and issuing dates.
M P L Signature.,_^
Lm+downer or Authorized Agew
Ve?(ioe i, Perm. 7�
Please indicate attachments pertaining to your proposed
• A check for$M4 made payable to the Department of I project.
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the DCM MP-2 Excavation and Fill Information
application. DCM MP-3 Upland Development
DCM MP-4 Structures Information
• A signed AEC hazard notice for projects in i DCM MP-5 Bridges and Culverts
oceanfront and inlet areas. ` DCM MP-6 Marina Development
• A statement of compliance with the N.C. NOTE: Please sign and date each atrachmenl in the
Environmental Policy Act (N.C.G.S. 113A - i to ; space provided at the bottom of each farm.
10) If the project involves the expenditure of public \
funds or use of public lands, attach a statement
documenting compliance with the North Carolina ( U ���`
Environmental Policy Act.
rZl, V— 12 9
Revised 03/" J

Form DCM-MP-2
n
AV ATION rh �
EEC N.
AND FILL
(Except bridges and culverts)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-I. Be sure to complete all 1. EXCAVATION
other sections of the Joint Application that relate to this
proposed project.
a. Amount of material to be excavatedJTom below
Describe below the purpose of proposed excavation or MHW or NWL in cubic yards
fill activities. All values to be given In feet.
b. Type of material to be excavated
Average Final
E"ist Project c. Does the area to be excavated include coastal
Length Width Depth � wetlands (marsh), submerged aquatic vegepoon
Access (SAVs)or other wetlands? Yes E/ No
channel
(MLW) or(NWL) d. Highground excavation in cubic yards 1,r, V _
Canal
Z. DISPOSAL OF EXCAVATED
Boat MATERIAL
basin
a. Location of disposal area
Boat -
ramp `
b. DimM of disposal area
Rock
groin
c. Do you claim title to disposal area?
Yes No
Rock If no, attach a letter granting permission from the
breakwater owner.
•9
Other d. Will a disposal area be available for future
maintenance? ,/—Yes No
(Excluding If yes. where?shoreline
stabilization)
Revised 03195

Form DCM-MP-2
e. Does the disposal area include any coastal wetlands If yes,
(marsh), SAVs or Aer wetlands? (1) Amount of material to be placed in the
Yes '' No water
(2) Dimensions of fill areaf. Does the disposal inc de any area in the water?
Yes No (3) Purpose of fill
b. Will fill material be placed in coastal wetlands
3. SHORELINE STABILIZATIO (marsh), SAVs or other wetlands?
Yes No
If yes,
a. Type of shoreline stabilization (1) Dimensions of fill area
Bulkhead Riprap
(2) Purpose of fill
b. Length
c. Average distance waterward of MHW or NWL
5. GENERAL
d. Maximum distance waterward of MHW or NWL
a. How will excavated or U-01'
aterial be k t on site
e. Shoreline erosion during preceding 12 months and erosion controlled) 4r7 1 _
(Source of information)
f. Type of bulkhead or riprap material
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
g. Amount of fill in cubic yards to be placed below dredge)? _
water levels
(1) Riprap
(2) Bulkhead backfill
c. Will wetlands be cr:ssed in transpo g equipment
h. Type of fill material to project site? Yes �fff No
If yes, explain steps that will be taken to lessen
environmental impacts.
i. Source of fill material
4. OTHER FILL ACTIVITIES
Appll5aat or Project Name
(Excluding Shoreline Stabilization)
sigmMm
a. Will fill material be brought to site? ,��j/ z G e,y—
Yes No Date
Revised 03/95

AEG .
MP-1(d.) August 3, 2005
The purpose is to fully open access to northern portion of
manmade canal that is already half open from destruction
of eastern portion plug by natural forces from hurricanes/
storms.
An excavator will be used to remove the earthen plug. The
dredge spoil will be placed upland on Chris Blake's property.
If dredging takes place during the moratorium, a siltation
curtain will be placed directly south of dredge site prior to
any excavation and held in place for 72 hrs. past excavation.

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J. Selby Scott
919 Selby Road July 26, 2005
Elizabeth City, NC 27909
1-252- 335-4508
To whom it may concern,
I, J. Selby Scott, authorize Chris Blake, Sr. to be
my agent for the application process for removal of the parcel
plug in the Nixonton Terrace Canal.
Sincerely,
Selby S ott

i
Chris Blake, Sr. August 12, 2005
410 Lane Drive
Elizabeth City, NC 27909
!-252-264-2290
To whom it may concern,
i, Chris Blake, Sr., grant permission for the
spoil from the dredging to be placed on my property.
incerely,
Chris Blake, Sr.

�DIVISION OF COASTAL MANAGEMENT 4AcGeTT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
A) APPLICANT: J. Selby Scott (Nixonton Plug Removal) County: Pasquotank
LOCATION OF PROJECT: End of Lane Dr. (SR 1210), Nixonton Community
DATE APPLICATION RECEIVED COMPLETE BY FIELD REP: 08/22/05 .x-`P
FIELD RECOMMENDATION: Attached: YES To Be Forwarded: NO
CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES AUG 3 1 2005
FIELD REPRESENTATIVE: Kimberly Hedrick DISTRICT OFF E: Elizabeth Wirsh ad It/ DC%
DISTRICT MANAGER REVIEW: Ted Sampson: 'Date: Iff2S" 0S-
B) DATE APPLICATION RECEIVED IN RALEIGH: FEE REC'D: $400 '60,/,(,
PUBLIC NOTICE REC'D: Q& 3 END OF NOTICE DATE: v p
ADJ. RIP. PROP NOTICES REC'D: DEED REC'D:
APPLICATION ASSIGNED TO: bbvt�.!i/ ON: yl3(/y5
C) 75 DAY DEADLINE: W05
ID5 150 DAY DEADLINE: D/ dzD(o
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 S-)1-b<;
Coastal Management- LUP Consistency "1')L3'b
Division of Community Assistance +,2-O S
Land Quality Section q•(1'o�
Division of Water Quality
Storm Water Management (DWQ) 1 n- 7-O� e�
State Property Office q.11-05 1,/
Division of Archives & History a-(j-0
Division of Environmental Health q-9-OS
Division of Highways a'12"0 S ►�/
Wildlife Resources Commission OT ✓
Division. of Water Resources
Division of Marine Fisheries Q W eL
Submerged Lands (DMF)

Permit 4
DCM Coordinator: owe-
MAILING DISTRIBUTION:
Permitee: .S c-ojr--
Agent: C-' tN �S BI0.k�Sr,, �(!b LqM� pr � C-I:za�t C.jA-�, k(C-.
DCM Field Offices:
zabeth Ci
Morehead Cit}t
Washington
Wilnngton
US Army Corps of Engineers (USACE):.
Washington: Mike Bell(NCDOT)
Bill Bid e k OT)
alei h Bla
Wilmington:' Dave Timpy(NCDOT)
Henry Wicker
Others:
Cultural Resources: a
Environmental Health:Marine Fisheries:NCDOT:Shellfish Sanitation:
State Property Office:
Water Quality: r no -
John Hennessy(NCDOT)
Water Resources: John Sutherland
Wildlife Resources: Varia 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(910/2514025)
CA-MA Major Permit Process Manual Page 70 of 70

I
Re:Nixonton Plug Removal
f
Subject: Re: Nixonton Plug Removal
From: Sara Winslow<[e-mail]>
Date: Fri, 07 Oct 2005 11:53:19 -0400
To: Jonathan Howell<[e-mail]>
CC: Mike Street<mike.street@ ncmail.net>
Jonathan
Considering the history of the project it is a shame that the applicant can't be
made to repair the plug. The DMF recommended originally that the plugs be
maintained to ensure water quality in the adjacent waters was not impacted by this
canal system. Other agecnies also recommended this at that time but since it was not
incorportated in the original permit we are at a loss. Unfortunately, I guess DWQ
doesn't have a problem with it, so DMF trying to stick to our original objections
(negative impacts to water quality) really does not have a chance. If the applicant
proposes to fill in the holes in the canal. . .what would be their proposal?
Thanks,
Sara
Jonathan Howell wrote:
Sara,
Good afternoon. I received your comments on this project and wanted to see if you
would consider the removal of this plug a significant adverse inpacts to fisheries
resources. I read you recommendation to have the plug repaired and talked with
Doug about it. Unfortunately, we have no avenue in which we can make this
applicant repair the damaged plug. Kim Hedrick (the field rep for this project)
stated that the applicant was willing to bring in some clean fill to alleviate the
large holes in the canal, but was not going to repair the plug. Let me know what
you think and we can go from there. Thanks.
Jonathan
Sara E. Winslow
Northern District Manager
NC Division of Marine Fisheries
Elizabeth City, NC 27909
Phone: [phone]
1 of 1 11/1/2005 1:43 PM

OF W A TFR Michael F.Easley,Governor
\Q Z William G.Ross Jr.,Secretary
co �� North Carolina Department of Environment and Natural Resources
p � Alan W.Klimek,P.E.Director
Division of Water Quality
October 6,2005 /, 1
Mr.J.Selby Scott /J�'1
919 Selby Road
Elizabeth City,NC 27909
Subject: EXEMPTION from Stormwater
(j Management Permit Regulations
r 2005 CAMA—Plug Removal
Nixonton Plug Removal
�r 'rl��� Cit Stormwater Project No.SW7050904
Y DCM Pasquotank County
Dear Mr.Selby:
The Washington Regional Office received a copy of your CAMA application for your proposed plug removal
project named Nixonton Plug Removal on September 1, 2005. Staff review of the plans and specifications has
determined that the project, as proposed, consists of activities that will not pose surface water quality threats from
stormwater runoff since no significant new impervious area is proposed.
The Director has determined that projects that are reviewed and approved by the Division as not posing water
quality threats from stormwater runoff should not be subject to the stormwater management permitting requirements
of 15A NCAC 2H.1000. For this reason, we are informing you by way of this letter that your project will not
require a stormwater management permit at this time.
The stormwater rules require the Division to permit the common plan of development, therefore, any future
development on the property, regardless of whether a CAMA Major permit is also required, will require a
Stormwater Management Permit application and permit issuance from the Division of Water Quality prior to any
construction. Any construction on the subject site, prior to receipt of the required permit,will constitute a violation
of 15A NCAC 2H.1000 and may result in appropriate enforcement action by this Office.
Please keep in mind that this determination does not affect your legal requirements to obtain other permits which may be
required by the Division of Water Quality,the Division of Land Resources,Coastal Area Management Act or any other
Federal,State or Local Government.
Please reference the Stormwater Project Number above on all correspondence. If you have any questions or need
additional information concerning this matter,please contact me at(252)948-3934.
Sincerely, _
Amy L.Franklin
Environmental Engineer
Washington Regional Office
cc: vDoug Huggett,DCM—Morehead
Chris Blake Sr.
Washington Regional Office
Central Files
N"o,�e Caroli
,Uturall
North Carolina Division of Water Quality Washington Regional Office Phone[phone] FAX[phone] Customer Service
Intemet: h2o.enr.state.mus 943 Washington Square Mall,Washington,NC 27889 1-877-623-6748
An Equal Opportunity/Affirmative Acton Employer—501/6 Recycle&10%Post Consumer Paper

city QCM
r x
K� North Carolina Wildlife Resources Commission KJ
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 ,
Habitat Conservation Section
DATE: September 26,2005
SUBJECT: CAMA Dredge/Fill Permit Application for J. Selby Scott, Pasquotank County,
North Carolina.
Biologists with the North Carolina Wildlife Resources Commission(NC WRC)reviewed the
permit application with regard to impacts on fish and wildlife resources. The project site is located at the
end of Lane Drive(SR 1210)in the Nixonton Community and was visited on September 21, 2005. Our
comments are provided in accordance with provisions of the Coastal Area Management Act(G.S. 1I3A-
100 through 113A-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 excavate approximately 92.5 cubic yards from a manmade canal to the
Little River.This excavation includes removal of a partial earthen plug and its surrounding waters on
property located in Nixonton Terrace off Lane Drive. Material generated from this excavation will be
placed on uplands located outside the Division of Coastal Management's Area of Environmental Concern.
The manmade canal and Little River at this location are classified SC by the Environmental Management
Commission.
NCWRC has reviewed the project and its well documented history thoroughly. Surface water
exchange occurs and has occurred during the history of the earthen plug via the adjacent wetlands and
during high water storm events. We do not believe the proposed removal of the deteriorated plug will
cause significant adverse impacts to aquatic resources. We request the depth of this area not exceed-3.5'
during initial or maintenance excavation. All in water work should adhere to a February 15—September 30
moratorium to minimize turbidity impacts to aquatic resources in the Little River and canal.
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]

1
NCDENR 0 2005
North Carolina Department of Environment and Natura ho
Michael F, Easley, Governor Division of Marine Fisheries Preston P. Pate r.; 0irej#
William G, Ross Jr., Secretary "��
MEMORANDUM:
TO: Doug Huggett, DCM Major Permits Processing Coordinator
THROUGH: Mike Street, Chief Habitat Section
FROM: Sara E. Winslow, Northern District Manager
SUBJECT: J. Selby Scott Project
DATE: September 19, 2005
The North Carolina Division of Marine Fisheries submits the following comments
pursuant to General Statute 113-131.
The applicant proposes to remove an existing earthen plug on a dead-end canal
system off Little River. According to the application, this earthen plug was eroded by
storm surge and currently has a 28 ft wide base that extends 12 ft into the 30 ft wide
canal. The applicant proposes to maintenance dredge an area 23 ft long by 48 ft wide
to a depth 3.5 ft. Water depths in the canal above the plug to be removed ranges from
5.5 — 11.5 ft.
The Division in the past has objected to the removal of these plugs and
continues to do so. This agency is concerned with impacts to water quality from
"opening up" such an extensive dead-end canal/basin area. Negative impacts to water
quality have been well documented for areas such as this; resulting in low dissolved
oxygen levels and associated fish kills. Areas above the plug are of greater depth than
proposed, thus forming a 'sump".
The Division stands by its previous recommendations that the plugs (2) remain in
place in the canals to alleviate water quality problems. This agency recommends that
the "damaged" plug be repaired to its original size.
1367 U.S. 17 South, Elizabeth City, North Carolina 27909 One
NorthQ-trolina
Phone: [phone] FAX: [phone] Internet; www.ncdmf.net Natimalll/

�0F WATF9 p Michael F.Easley,Governor
William G.Ross Jr.,Secret
North Carolina Department of Environment and Natural Resou
p Y Alan W.Klimek,P.E.Director
Division of Water Quality
September 19, 2005
DWQ Project#05-1663
Pasquotank County
Selby Scott 9 � RECEIVED
19 Selby Road
Elizabeth City
NC 27909 SEP 21 2005
Subject Property: Nixonton Plug Removal DIV.OF COASPAMGTAL HAGE�!ENl
Little River[030152, 3-50-(2), SC]
Approval of 401 Water Quality Certification(GC3400)with Additional Conditions
Dear Mr. Scott:
You have our approval, in accordance with the attached conditions,to dredge 0.0253 acres of waters in
conjunction with removal of an earthen plug as described in your application received by the Division of
Water Quality(DWQ)401 Oversight/Express Review Permitting Unit on September 1,2005. After
reviewing your application,we have determined that the Division of Water Quality(DWQ) General
Water Quality Certification Number 3400 covers these water impacts. This Certification allows you to
General Permit No. 198000291 when issued by the US Army Corps of Engineers(USACE). In addition,
you should get or otherwise comply with any other federal, state and local requirements before you go
ahead with your project including(but not limited to) erosion and sediment control regulations and
CAMA. Also,this approval to proceed with your proposed impacts or to conduct impacts to waters
as depicted in your application shall expire upon expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project(now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification(or Isolated Wetland Permit)are met. No other impacts are
approved including incidental impacts:
Amount Approved(Units) Plan Location or Reference
Public Trust Area Estuarine Waters 10.0253 (acres) Form DCM-MP 1
None
hCaro ina
401 Oversight/Express Permitting Unit lltllCll�l,
1650 Mail Service Center,Raleigh,North Carolina 27699-1650
2321 Crabtree Boulevard,Suite 250,Raleigh,North Carolina 27604
Phone: [phone]/FAX [phone]/Internet:http://h2o.enr.state.nc.us/ncwetlands
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J. Selby Scott
Page 2 of 2
September 19,2005
2. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center,Raleigh,NC, 27699-1650.
3. Water Quality Certification
The proposed project must comply with all of the conditions of General Water Quality
Certification(GC) 3400.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification(associated with the approved water
impacts),you may ask for an adjudicatory hearing. You must act within 60 days of the date that you
receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the
North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh,N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions,please telephone Cyndi Karoly in the Central Office in Raleigh at 919-
733-9721 or Kyle Barnes in the DWQ Washington Regional Office at 252-946-6481.
Sincerely,
PW.
` lmek, P.E.
AWK/Um
Enclosures: GC 3490
Certification of Completion
cc: Chris Bliske Sr., 410 Lane Drive,Elizabeth City,NC 27909
Doug Huggett, DCM
USACE Washington Regulatory Field Office
DWQ Washington Regional Office
File Copy
Central Files
Filename: 051663NixontonPlugRemoval_JShelbyScott(Pasquotank)301_CAMA

A14 :•
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 J. Selby Scott to remove an earthen plug and provide
maintenance dredging within a privately owned canal connecting to the Little River
on property located off Lane Drive in Nixonton Terrace, Nixonton, Pasquotank
County.
DATE: September 13, 2005
Consistency Determination: The request is consistent with/not in conflict with the Pasquotank
County 1996 Land Use Plan certified by the CRC on May 24,
1996.
Overview: The subject property is an approximately 2 acre manmade canal in which the
applicant owns the canal bottom and approximately 4,500 sq. ft. of adjoining land. The canal
connects to the Little River and terminates to a small pond located off Lane Drive. A partial
earthen plug with a 28 foot wide base that extends 12 feet into the 30 foot wide canal is located
along the bulkhead of an adjacent property owner at an elevation of 1 foot above normal water
level (NWL). Existing structures on the canal include wooden bulkheads and a boat ramp on
both sides of the plug, riprap and shore side docks upstream from the plug, and finger piers and
a boathouse with a lift below the plug. The existing canal was excavated with the construction
of two (2) earthen plugs under a 1971 Dredge and Fill Permit and Major Permit No. 9-82. One
plug is in good condition, while the other has eroded and is proposed for removal as part of this
permit request. Major Permit No. 9-82 indicated that the plugs needed to be maintained until 24
hours after inland excavation was completed, however the plugs were never removed.
Removal of the partial earthen plug and maintenance dredging immediately surrounding the
plug will provide ease of navigation through the manmade canal. The dredge area will be 23
foot long by 48 foot wide to a depth of 3.5 feet. Total excavation of the plug and surrounding
waters will remove approximately 92.5 cubic yards of upland and bottom material.
The waters of the Little River in this area are classified as SC and are closed to shellfish taking.
Anticipated Impacts resulting from this project are expected to include: the dredging of
approximately 1,104 sq. ft. of Public Trust Area/Estuarine Waters AEC, and 280 sq. ft. of
Uplands/Estuarine Shoreline AEC; and the filling of approximately 900 sq. ft. of
Uplands/Estuarine Shoreline AEC.
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 of 2
Basis for Determination:
The Pasquotank County Land Classification Map identifies the site area as "Limited
Transitional". Additional text discussion on page 39 recognizes that all areas within AECs also
qualify for the "Conservation" classification. The following LUP policy may be applicable to this
request:
Conservation Policies: Page 28.
"It is the policy of Pasquotank County government to comment concerning the overall
interests of county residents on CAMA dredge and fill permits for projects which would
be detrimental to rivers and wetlands lying within or adjacent to unincorporated portions
of the County."
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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Transmittal comments
Subject:Transmittal comments
From:Yvonne Carver<[e-mail]>
Date:Mon, 12 Sep 2005 10:52:15-0400
To:Doug Huggett<[e-mail]>
Good morning Doug:
I received 2 replies from NC DOT via Gwetchen Byrum in regard to Major Permit reviews.
1. Currituck County,Historic Whalehead Club,ferry dock=No comment on proposed project.
2. Selby Scott,Removal of plug=No comment on proposed project.
Please notify me if you require faxed copies. Thank you.
Yvonne Carver
1 of 1 9/12/2005 11:11 AM

RED-"' / 20051 663
2 1 2005 �-
SEP NCDENR
DIV.Cp�AL,*Ol`l4orth Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr,,Secretary
August 29, 2005
MEMORANDUM:
O: �— fj04 V Cyndi Karoly
Environmental Biological Supervisor S E P 1 2005
Division of Water Quality
'IN NT i DENR-WATER QUALITY
F Doug Huggett WETLANDS AND sTORi41WATER BRANCH
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: J. Selby Scott (Nixonton Plug Removal)
Project Location: End of Lane Dr. (SR 1210), Nixonton Community, Pasquotank Co.
Proposed Project: Removal of partial earthen plug and maintenance dredging
Please indicate below your a enc 's position or viewpoint on the proposed project and return this
form by If you have any
questions regarding the proposed project, please contact Kim Hedrick at [phone]. When
appropriate, in-depth comments with supporting data are requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This al ency objects to the project for reasons described in the attached
cornme.
SIGNED DATE
1367 U.S. 17 South,Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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Ain
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G.Ross Jr., Secretary
August 29, 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: J. Selby Scott (Nixonton Plug Removal)
Project Location: End of Lane Dr. (SR 1210),Nixonton Community, Pasquotank Co.
Proposed Project: Removal of partial earthen plug and maintenance dredging
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 09/19/05, to 400 Commerce Avenue, Morehead City, NC 28557. If you have any
questions regarding the proposed project, please contact Kim Hedrick at [phone]. When
appropriate, in-depth comments with supporting data are requested.
REPLY: This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the project only if the recommended changes are
incorporated. See attached.
This office objects to the project for reasons described in the attached
comments.
x s C --fir=-_-%+W a
SIGN DATE I� -off
1367 U.S. 17 South, Elizabeth City,North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer-30%Recycled by Fiber Weight

A A.
WCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr.,Secretary
August 29, 2005
00
MEMORANDUM:
TO: Pat McClain / James Simmons (�50
Division of Land Quality
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: J. Selby Scott (Nixonton Plug Removal)
Project Location: End of Lane Dr. (SR 1210), Nixonton Community, Pasquotank Co.
Proposed Project: Removal of partial earthen plug and maintenance dredging
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 09/19/05, to 400 Commerce Avenue, Morehead City, NC 28557. If you have any
questions regarding the proposed project, please contact Kim Hedrick at [phone]. When
appropriate, in-depth comments with supporting data are requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
Z
SIGNED7PA �Lrl DATE OJ
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

�v1WR Aria
NCDENR r.uc
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G.Ross Jr., Secretary
August 29, 2005
MEMORANDUM:
TO: Renee Gledhill-Early 2040
NC Department of Cultural Resources n
FROM: Doug Huggett �(
Major Permits Processing Coordinator NL 0
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: J. Selby Scott(Nixonton Plug Removal)
Project Location: End of Lane Dr. (SR 1210), Nixonton Community, Pasquotank Co.
Proposed Project: Removal of partial earthen plug and maintenance dredging
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 09/19/05, to 400 Commerce Avenue, Morehead City, NC 28557. If you have any
questions regarding the proposed project, please contact Kim Hedrick at [phone]. When
appropriate, in-depth comments with supporting data are requested.
REPLY: This office has no objection to the project as proposed.
KThis 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.
"aaka
SIGNED DATE ( - �� • b S
1367 U.S. 17 South,Elizabet City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer-30%Recycled by Fiber Weight
SEP 0 8 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
August 29, 2005
MEMORANDUM: .
i. tuu`..
TO: Joe Henderson
NC Department of Administration Morehead City DUTA
SEP - 1 2005
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: J. Selby Scott(Nixonton Plug Removal)
Project Location: End of Lane Dr. (SR 1210), Nixonton Community, Pasquotank Co.
Proposed Project: Removal of partial earthen plug and maintenance dredging
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 09/19/05, to 400 Commerce Avenue, Morehead City, NC 28557. If you have any
questions regarding the proposed project, please contact Kim Hedrick at [phone]. When
appropriate, in-depth comments with supporting data are requested.
REPLY: 1_- 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 ATE
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phon : 252-264-3901 1 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
August 29, 2005
v,
MEMORANDUM: SEP 0 2 2005
TO: Lee Padrick Morehead City DCM
Division of Community Assistance
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: J. Selby Scott(Nixonton Plug Removal)
Project Location: End of Lane Dr. (SR 1210), Nixonton Community, Pasquotank Co.
Proposed Project: Removal of partial earthen plug and maintenance dredging
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 09/19/05, to 400 Commerce Avenue, Morehead City, NC 28557. If you have any
questions regarding the proposed project, please contact Kim Hedrick at [phone]. When
appropriate, in-depth comments with supporting data are requested.
REPLY: This agency has no objection to the project as proposed.
c----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.
� p
SIGNED DATE
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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RCDENR ors ®
North Carolina Department of Environment and Natural Resources �� 0
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
August 29, 2005 lU(
D
MEMORANDUM: 3
TO: Patti Fowler
NC Department of Environmental Health SHELLFISH SANITATION
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review SEP — 8 2a
Applicant: J. Selby Scott (Nixonton Plug Removal) INEUMN$MFrATION
Project Location: End of Lane Dr. (SR 1210), Nixonton Community, Pasquotank Co.
Proposed Project: Removal of partial earthen plug and maintenance dredging
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 09/19/05, to 400 Commerce Avenue, Morehead City, NC 28557, If you have any
questions regarding the proposed project, please contact Kim Hedrick at [phone]. When
appropriate, in-depth comments with supporting data are requested.
REPLY: This office has no objection to the project as proposed.
f 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
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

l .
pr(r
NCDENR cz�
North Carolina Department of Environment and Natural Resourceg 3 2005
Division of Coastal Management 4'pr
Michael F. Easley, Governor Charles S. Jones, Director Wi iam G.Ross Jr., Secretary
August 29, 2005
MEMORANDUM: Q [ [ d
I
TO: Preston P. Pate, Jr., Director SEP 2 8 2005
Division of Marine Fisheries
FROM: Doug Huggett DMF-HABITAT
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: J. Selby Scott (Nixonton Plug Removal)
Project Location: End of Lane Dr. (SR 1210), Nixonton Community, Pasquotank Co.
Proposed Project: Removal of partial earthen plug and maintenance dredging
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 09/19/05, to 400 Commerce Avenue, Morehead City, NC 28557. If you have any
questions regarding the proposed project, please contact Kim Hedrick at [phone]. When
appropriate, in-depth comments with supporting data are requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
r// This agency objects to the project for reasons described in the attached
comm is.
YSIG DATE 0
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 ResourE& 2 8 2005
Division of Coastal Management ��//��,,,, �,,.,,,1 ��++
Michael F. Easley, Governor Charles S. Jones, Director 'vM11rsheadr tQCM
August 29, 200520293031
MEMORANDUM: IA AUG RE� rn
,J ��V&D 00
TO: Maria Tripp a Ha&iQt ca
oftNC Wildlife Resources Commission �0`�6/ P �
FROM: Doug Huggett
e�ll9l SIV���'�
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: J. Selby Scott (Nixonton Plug Removal)
Project Location: End of Lane Dr. (SR 1210), Nixonton Community, Pasquotank Co.
Proposed Project: Removal of partial earthen plug and maintenance dredging
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 09/19/05, to 400 Commerce Avenue, Morehead City, NC 28557. If you have any
questions regarding the proposed project, please contact Kim Hedrick at [phone]. When
appropriate, in-depth comments with supporting data are requested.
REPLY: This office has no objection to the project as proposed.
This office has no comment on the proposed project.
✓This office approves of the project only if the recommended changes are
incorporated. See attached.
This office objects to the project for reasons described in the attached
comments.
SIGNED AL', DATE rj'-2G-2DD5
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—30%Recycled by Fiber Weight

A
GG
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, Elizabeth City
FROM: Kimberly Hedrick, Field Representative
DATE: August 25, 2005
SUBJECT: J. Selby Scott(Plug Removal), Major Permit Application Recommendations
The applicant proposes to excavate approximately 92.5 cubic yards from a manmade canal to
Little River, which includes removal of a partial earthen plug and its surrounding waters on his
property located in Nixonton Terrace off Lane Dr., Nixonton Community, Pasquotank County.
Adjacent property to the west of the plug is bulkheaded, and to the east is wooded 404 wetland
natural shoreline, which has suffered erosion adjacent to the canal. The proposed excavation
will allow ease of navigation through this portion of the canal that is partially filled with an
earthen plug. The plug has been slowly eroding away by natural forces for the past 5 years,
then Hurricane Isabel took approximately half of it out. Therefore, water has been flowing
freely through the plug location for nearly two years. In addition, the earthen plug has never
been a tight seal because the densely wooded 404 Wetland adjacent to the plug allows water to
interchange between the upland portion of the canal and the southern portion of the canal
connecting to Little River at high wind tides and during storm surges.
The development proposal can be considered inconsistent with:
1. 07H.0208(b)(1)(E) — Requiring that the depths of boat basins shall decrease from the
waterward end inland. The applicant expressed willingness to modify the proposed
application for compliance, i.e. filling of the deep hole upstream from the plug to an
agency's desired depth if needed.
2. 07H.0208(b)(1)(F)—Any canal or boat basin shall be excavated no deeper than the depth
of the connecting channels. A significant 3-foot depth sand bar exists near the mouth of
the canal to Little River before depth reaches 7 feet. Once again,the applicant expressed
willingness to dredge a portion of the sand bar to a desirable depth to comply with this
rule if needed.
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: http:Ndcm2.enr.state.nc.us
An Equal Opportunity 1 Affirmative Action Employer—30%Recycled By Fiber Weight

Doug Huggett
J. Selby Scott(Nixonton Plug)Recommendations
08/25/2005
Page 2
3. 07H.0208(b)(1)(G)(i) requires no septic tanks unless they meet the requirements of
_ DEH. Paragraph (G)(ii) requires no treated or non-treated point source discharges along
the canal. Paragraph (G)(iii) requires storm water routing and retention areas such as
settling basins and grassed swales.
4. 07H.0209(b)(1)(H) — requires canals to be either straight or meandering with no right
angle corners.
The development proposal can be considered consistent with 07H..0208(b)(1)(B) that all spoil
material from new construction shall be confined landward of regularly and irregularly flooded
coastal wetlands and stabilized to prevent entry of sediments into the adjacent water bodies or
marsh.
It is recommended that the development proposal be denied until the following modifications are
made:
1. The deep pocket in the canal must be filled with clean, dry similar soil type from an
upland pit to 6-foot depth from the bottleneck point southward to a point the depth is
currently at 6 feet.
2. The 3-foot sand bar must be excavated to a 5-foot depth adjacent to and as wide as the
width of the mouth of the canal to Little River.
3. In order to protect juvenile shrimp/finfish/shrimp and finfish populations, if excavation or
filling will occur between February 15 and September 30 of any year, a silt screen shall
be left between the area to be excavated and the existing canal/river/creek/sound and a 72
hour period after completion of excavation will elapse prior to plug removal to prevent
unnecessary siltation into the adjacent water body.
4. The hot water heater outfall at Mr. Russell's property must be plugged and re-routed.
NOTE: Denial of this permit will not change the fact that the plug is partially in existence and
water is already connected where the plug has eroded. There is no planned action by any agency
to enforce repair of the plug.

MAJOR PERMIT FEE MATRIX
Applicant: Selby Scott
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:
I II. 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-
El
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
Z Quality Certification No. $400 60% ($240) 40% ($160)
3301 (see attached) could
be applied, but DCM staff
determined that additional
review and written DWQ
concurrence is needed
because of concerns
related to water quality or
aquatic life:
III(D). If General Water
Quality Certification No. $400 60% ($240) 40% ($160)
3301 (see attached) cannot
be applied:
IV. For development that
El involves the filling and/or $475 60% ($285) 40% ($190)
excavation of more than
one acre of wetlands and/or
open water areas:

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley,Governor Charles S. Jones, Director William G. Ross Jr.,Secretary
FAX MEMORANDUM
TO: The Daily Advance
Elizabeth City, NC
FROM: Yvonne Carver
Administrative Assi ant
DATE: August 29, 2005
SUBJECT: Public Notice — J. Selby Scott
Please publish the attached Notice in the Wednesday, August 31, 2005 issue of The
Daily Advance.
The State Office of Budget and Management requires an original Affidavit of Publication
prior to payment for newspaper advertising. Please send the affidavit, an original
copy of the published notice, and an original invoice to Jaye Poole, NC Division
of Coastal Management, 1638 Mail Service Center, Raleigh, NC 27699-1638.
Thank you for your assistance in this matter. If you should have any questions, please
contact me at our Elizabeth City office.
Attachment
c Doug Huggett, Major Permits Coordinator, DCM
File___-
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \FAX: [phone]\Internet: www.nccoastaimanagement.net
An Equal Opportunity\Affirmative Action Employer—30%Recycled by Fiber Weight

NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
The Department of Environment and Natural Resources hereby gives public notice
as required by NCGS 113A-119(b) that application for a development permit in an Area of
Environmental Concern as designated under the CAMA was received on 08/22/05.
According to said application, J. Selby Scott proposes to excavate approximately 92.5
cubic yards from a manmade canal to Little River located in Nixonton Terrace off Lane
Drive in Pasquotank County.
A copy of the entire application may be examined or copied at the office of Kim
Hedrick, Field Representative of the Division of Coastal Management, located at 1367 US
17 South, Elizabeth City, NC, 252-264-3901 during normal business hours.
Comments mailed to Charles S. Jones, Director, Division of Coastal Management,
400 Commerce Avenue, Morehead City, NC 28557, prior to 09/20/05, 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: August 31, 2005

1
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley,Governor Charles S. Jones, Director William G. Ross Jr.,Secretary
August 29, 2005
Mr. Chris Blake, Sr.
410 Lane Drive
Elizabeth City, NC 27909
Dear Mr. Blake:
The Division of Coastal Management hereby acknowledges receipt of the application for J.
Selby Scott submitted for State approval for development of property located in the Nixonton
Terrace Community in Pasquotank County. It was received complete on August 22, 2005, and
appears to be adequate for processing at this time. The projected deadline for making a
decision is November 5, 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; 252-264-3901 1 FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—30%Recycled by Fiber Weight

r ,
Mr. Chris Blake, Sr.
August 29, 2005
Page 2
An onsite inspection will be made, and if additional information is required, you will be
contacted by the appropriate State or Federal agency. Please contact me if you have any
questions, and notify me in writing if you wish to receive a copy of my field report and/or
comments from reviewing agencies.
Sincerely,
Kimberly Hedrick
Coastal Management Representative
KH/yc
Enclosure
cc: Dou�mpn,
jor Permits Coordinator, DCM, Morehead City, NC
�etrict Mana er DCM Elizabeth Cit NC
9 Y�
J. Selby Scott, Elizabeth City, NC

r 1I 1 (9,0* 1No
.4,
AMA PERMIT
APPLIED FOR
PROJECT- lz- p S •4 <-- �� 12 C�a ✓� Ex � s r i N C 'j2
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COMMENTS ACCEPTED THROUGH
APPLICANT: FOR MORE DETAILS CONTACT
_ THE LOCAL PERMIT OFFICER BELOW:
se by 6 10.� _ 13(. 7 g. J.. i7
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COMPLETE1N COMPLETE THIS SECTIONON DELIVERY
■ Complete Items 1,2,and 3.Also complete A. Signature
item 4 if Restricted Delivery is desired. X ❑Agent
■ Print your name and address on the reverse Z ❑Addresse
so that we can return the card to you. B. Received by(Printed Name) C. DaW pf Delivei
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
D. Is delivery address different from item 1? s
1. Article Addressed to: If YES,enter delivery address below: ❑ No
(� N 3. e ice Type
. ZA J �j ertified Mail ❑ Express Mail
27
Registered ❑ Return Receipt for Merchandi;
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number �Op2 2030 0004 4703 8330
(Transfer from service label)
PS Form 3811,August 2001 Domestic Return Receipt 102595.02-M-15
COMPLETE •N COMPLETE THIS SECTIONON DELIVERY
■ Complete items 1,2,and 3.Also complete A. Signature
item 4 if Restricted Delivery is desired. ❑Agent
■ Print your name and address on the reverse (�G �,4e#dressee
so that we can return the card to you. B. ReceivedPrinted Name) C. Date of Delivery
■ Attach this card to the back of the mailpiece, tw UN.-,D I<B�- 9-QS —
or on the front if space permits. D. Is delivery a ress different from from item 1? El Yes
1. Article Addressed to: if YES,enter delivery address below: ❑ No
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3. qervice Type
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r ((((((❑ Registered ❑ Return Receipt for Merchandise
; -7`D 7 ❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery?(Extra Fee) ❑ Yes
2. Article Number 7002 2030 0004 4703 8354
(Transfer from service label)
PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-154!
t

COMPLETE THIS SECTION ON DELIVERY
SENDER: COMPLETE THIS SECTION
■ Complete items 1,2,and 3.Also complete A. Aignature ��
❑Agent
item 4 if Restricted Delivery is desired. X��, ❑Addressee
■ Print your name and address on the reverse �-
so that we can return the card to you. B, Received by(Printed Name) C Date of Deliver
■ Attach this card to the back of the mailpiece, �J�CZ J)�eN-tAQ —/7
or on the front if space permits.
D. Is delivery address different from item 1? ❑ Yes
1. Article Addressed to: If YES,enter delivery address below: ❑ No
3.Kergtistered
Type
T--/�6 ified Mail ElExpress Mail
❑ Return Receipt for Merchandise
�7 ❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery?(Extra Fee) ❑ Yes
2. Article Number 7002 2030 0004 4703 8347
(Transfer from service label)
PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1540
SECTIONSENDER: COMPLETE THIS SECTION COMPLETE THIS ON DELIVERY
■ Complete items 1,2,and 3.Also complete A. i nat
ent
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse 0 Addressee
so that we can return the card to you. . Received by(Printed N e) to of Delivery
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
D. Is delivery address differ nt from'em 1? ❑ Yes
1. Article Addressed to: If YES,enter delivery address below: ❑ No '
�A �C7�c
YY � r // ,, 3. Service Type
tA,);v b� - koertified Mail ❑Express Mail
7-o'6 �� A) Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery?(Extra Fee) ❑ Yes
2. Article Number 7002 2030 0004 4703 8361
(transfer from service label)
PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1540

1
BOOK 795 PAGE 75
PASQUOTANK COUNTY
Iseued Mar 06 2001 FILED in Povquotank County, NCDeed number
056.00 on nor 05 2004 at 02:46:21 PM Transfer tax $
State of Paequotank by DOW9 J. Summerour
North Carolina County REGISTER OF DEEpg
Rss{ Ea#s#s ExcIsa Tax Pas,uotank CountyAssessor's Office
NORTH CAROLINA GENERAL WARRANTY DEED
Excise Tax: $56.00
C�O�
Parcel Identifier No Cf 1y a \��, y e ified by County on the day of 20
By: _
Mail/Box to: H.T.Mullen, Jr.,Post Office Box 365,Elizabeth City,NC 27907-0365
This instrument was prepared by: 11.T.Mullen,Jr.,Post Office Box 365,Elizabeth City,NC 27907-0365
Brief description for the Index:
THIS DEED made this 1 s t day of March 20-�4,by and between
GRANTOR GRANTEE
J. Selby Scott and wife, Raymond M. Godfrey and'wife,
Grace W. Scott Teresa M. Godfrey
919 Selby Road 205 Edrieann Drive
Elizabeth City,NC 27909 Elizabeth City,NC 27909
I
The designation Grantor and Grantee as used herein shall include said parties,their heirs,successors,and assigns,and shall includ
singular,plural,masculine,feminine or neuter as required by context.
WTTNESSETH,that the Grantor,for a valuable consideration paid by the Grantee,the receipt of which is hereby acknowledged,ha
and by these presents does grant,bargain,sell and convey unto the Grantee in fee simple,all that certain lot or parcel of land situated i
the City of Elizabeth City Nixonton Township, Pasquotank County,North Carolina and mop
particularly described as follows:
Please see Exhibit A attached hereto and incorporated herein.
The property hercinabove described was acquired by Grantor by instrument recorded in Book page
Map
A map showing the above described property is recorded in 13labSook 34 page 19, 81 ide 37
NC Bar Association Form No.Ir3© 1976,Revised© 1977,2002
Printed by Agreement with the NC Bar Association—1981 SoftPro Corporation,333 E.Six Forks Rd.,Raleigh,NC 27609

BOOK 795 PAP
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the t"v
fee simple.
And the Grantor covenants with the Grantee,that Grantor is seized of the premises in fee simple,has the right to convey the same in fe
simple,that title is marketable and free and clear of all encumbrances,and that Grantor will warrant and defend the title against th
law6rl claims of all persons whomsoever,other than the following exceptions:
IN WITNESS WHEREOF,the Grantor has duly executed the foregoing as of the day and year first above written.
IWA
(Entity Name) `l. Set y Sc t ,,�
By: A '4/•
Title: G=6 W. Scott
By:
Title:
By:
Title:
State of North Carolina-County of Pasquotank
1
��` i�� J. Selby Scott and wife, Grace W. Scott
I,the undersigned Notary Public�q�'\ .•ouet,►,jl. aforesaid,certify that y
• ti. rsonally appeared before me this day and acknowledged g di
execution of the fore omE instrument fo ' p,*ses there a r�ssed. Witness my hand and Notarial stamp or seal this��. df
o _ ,20P9 G PUeN, _
My Commission Expires: r '9) •••.....•••'���� _
F e� ��
1,�����/��llllCllo� \\\ No Public
State of North Carolina-County of
I,the undersigned Notary Public of the County and State aforesaid,certify that personal
came before me this day and acknowledged that—he is the of
a North Carolina or corporation/limited liability company/general partnership/limited partnership(strike through U
inapplicable),and that by authority duly given and as the act of such entity,_he signed the foregoing instrument in its name on i
behalf as its act and deed. Witness my hand and Notarial stamp or seal,this day of ,20
My Commission Expires:
Notary Public
State of North Carolina-County of
I,the undersigned Notary Public of the County and State aforesaid,certify that
Witness my hand and Notarial stamp or seal,this day of 20_.
My Commission Expires: _
Notary Public
NORTH CAROLINA : PASQUOTANK COUNTY
The foregoing Certificate(x)of Monica H. Spivey, a Notary Public of Gates County, State of NC, islr
certified to be correct. This instrument and this certificate are duly registered at the date and time and in the Book and Page shown on t
first page f.
Register of Deeds for P a s q u o t ank County
By Deputy/Aesiot et-Register of Deeds
NC Bar Association Form No.1,3© 1976,Revised© 1977,2002
Printed by Agreement with the NC Bar Association—1981 SoftPro Corporation,333 E.Six Forks Rd.,Raleigh,NC 27609

Y
BOOK 795 PAGE 76 EXHIBIT A
Beginning at a point, said point being designated by an iron pin and located on the
Northeast boundary of a canal and also being the Southwest corner of Lot 33 Nixonton
Terrace, Section E, and from said point of beginning thence North 610 18' 30" East
321.07 feet to a point, thence North 61125' 24" East 91.35 feet to a point, thence North
78' 18' 03" East 171.30 feet to a point, thence North 350 17' 93.05 feet to a point, thence
North 540 43' West 235 feet to a point, said point being located on the Southeast right-of-
way of Edrieann Drive, said point being also the Northwest corner of Lot 33 Nixonton
Terrace, Section E, thence continuing along Edrieann Drive North 351 IT East 232.22
feet to a point, thence South 500 46' 02"East 235.56 feet to a point, thence South 62' 55'
03" East 239.90 feet to a point, said point being located in the center line of a ditch,
thence South 33' 02' 23" West 1,645.03 feet to a point, said point being located on the
Eastern shore of Little River, thence continuing along Little River its various meanderings
South 58' 10' 44" West 96.98 feet to a point, thence South 74' 29' 05" West 170.52 feet
to a point, thence North 30' 57' 02" West 102.90 feet to a point, thence North 22' 26' 02"
West 91.85 feet to a point, thence North 12' 39' 42" West 111.17 feet to a point, thence
North 20' 38' 39" West 103.45 feet to a point, thence North 44' 22' 18" East 73.75 feet to
a point, thence North 63' 41' 02" East 136.36 feet to a point, thence North 660 27' 50"
East 230.98 feet to a point, thence North 61' 32' 50" East 176.96 feet to a point, thence
North 28' 06' 34" West 255.62 feet to a point, thence North 230 57' 32" West 126.57 feet
to a point, being the said point and place of beginning.
Reference is made to that certain map or plat entitled"Ray Godfrey", Pasquotank
County, North Carolina, Nixonton Township, prepared by S. Elmo Williams, Registered
Surveyor, dated December 23, 2003.
A copy of the aforesaid map or plat is of record in Pasquotank County Public
Registry in Map Book 34, Page 19, Slide 37, and the same is by reference incorporated
herein.